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HomeMy WebLinkAbout2013-04-09 Board of Selectmen PacketDRAFT - BOARD OF 2013 SELECTMEN AGENDAS Staff Responsibility future agendas (Policy on use of the AHTF (Review license and permit fees (Policy on Trust Fund Commissioners (Discuss driveway width issues. Strout Avenue Master Plan - after Town Forest planning work is done (Develop policy on affordable housing. March 25 & 26 - Passover - NO MEETINGS 2013 Estimated Start time April 2, 2013 - Annual Town Election NO MEETINGS April 9 2013 Office Hour jArena 6:30 LeLacheur/ Executive Session Labor Negotiations - Health Insurance Hechenbleikner 7:00 jBoard of Selectmen Reorganization N 1 7:20 jApproval of Agreement - Health Insurance JLeLacheur Audit presentation/discussion Angstrom 1 7:40 Waiver of hours of operation - Fitness by Continued Hearing Catarina Hechenbleikner 8:00 Presentation of report on AHTF - invite RHA Hechenbleikner 1 8:15 USPostal service re plans for Reading Post Presentation Office Hechenbleikner 8:45 Hearing Liquor License Application - Portland Pie 1 9:15 Review Town Meeting Warrant Articles lHechenbleikner 1 9:30 April 11, 2013 - Adopt an Island Kick off at Senior Center 7:00 p.m. N jApril 22, 2013 - Annual Town Meeting Ino meetngs I N April 23, 2013 Zager/Kinsella/ Proclamation Arbor Day proclamation Keating 7:30 Proclamation Telecommunications week !Cormier/Burns 7:35 11'resentation on mosquito control JClay Zager/LeLacheu Hearing W/S/SWM Rates r Hearing (Amending Policy on Town Forest Committee IHechenbleikner Review results of rubbish limits "barrel audit" Zager/Kinsella Review lack of performance of resident on Parkview to replace 2 trees, resident on Forest to replace 2 trees LEAP presentation by MAPC Wilson Review draft amendments to Traffic Rules and Regulations Martel Consideration of All Way stop, Birch Meadow Drive and Oakland Road. Zambouras Review remote participation for public meetings (per Open Meeting Law) Hechenbleikner JAward bid - sale of Lothrop Road property JHechenbleikner JApri125, 2013 - Annual Town Meeting ono meetings JApril 29, 2013 - Annual Town Meeting no meetings May 2, 2013 - Annual Town Meeting no meetings IMay 7, 2013, , Office Hour JJames Bonazoli Proclamation JBicycle month IDelios Proclamation DPW appreciation week IZager Proclamation JEMS Week Burns Discussion - street numbering. JZambouras Executive Session Land Disposition - Causeway Road IHechenbleikner Hearing Traffic Rules and Regulations Martel Mayor Dolan Review Mayors Against Illegal Guns letter, and and/or Mayor consider endorsing it. Curtatone Review of options re Marijuana prohibition/restriction May 21, 2013 CMAPC member update ~Sadwick Request for installation of shed at Morton Field - ReadingBaseball Club May 23, 2013 - PH Retirement dinner I Ino meetings I 7:40 8:30 9:00 9:05 9:15 9:10 9:30 9:45 6:30 7:40 i I'lune 4, 2013 Office Hour I? Hearing IFY 2014 Compensation Plan Hearing Amendment to Personnel Policies Review Goals (June 18, 2013 Town Accountant Quarterly meeting Appointments of Boards, Committees, Commissions July 9 ,2013 Office Hour I? Review Customer Service Survey results. jJuly 30, 2012 1 lAugust 20, 2013 Office Hour Ben Tafoya Review final drainage studies September 4 & 5 Rosh Hashanah - NO MEETINGS September 10, 2013 Office Hour John Arena CAB member update Town Accountant Quarterly meeting (September 24, 2013 Close STM Warrant 10ctober 8, 2013 Office Hour James Bonazoli Tax Classification preview lOctvber 22 2013 IMAPC member update '15-Nov-13 6:30 Roberts lRoberts New Town Manager 1 I Angstrom 6:30 I 6:30 lZambouras I 6:30 Office Hour I? November 12, 2013 - Subsequent Town Meeting no meetings November 14, 2013 - Subsequent Town Meeting no meetings November 18, 2013 - Subsequent Town Meeting no meetings 126-Nov-13 Tax Classification hearing Approve Liquor Licenses Review Goals 1December 10, 2013 Office Hour I? jApprove licenses I I Approve early openings/24 hour openings Town Accountant Quarterly meeting 1December 17, 2013 1 1 Town Manager Performance Evaluation, establish FY 2015 salary 6:30 6:30 Y. OF I? Town of Reading . 16 Lowell Street r~ P rI Reading, MA 01867-2685 38NCORQO~ FAX: (781) 942-9071 Email: townmanager&i.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: April 2, 2013 RE: April 9, 2013 Open Session 6a) The Board of Selectmen will need to reorganize since the Chairman and Secretary are no longer on the Board of Selectmen. The liaison assignments for Stephen Goldy and Richard Schubert need to be assigned and Stephen Goldy has indicated that he will be resigning from the Board of Selectmen representative on RCASA and the Board of Selectmen member on the Trust Fund Commissioners. The Board has in the past when there was a vacancy due to the election in April made the positions and liaison assignments until the following year - one year and three months later. If the. Board follows this practice, then the positions will be in place for terms expiring 6/30/14. 6b) Annroval of Aereement - Health Insurance - The Board of Selectmen is discussing this in Executive Session and if the Board agrees to the proposed contract with the Public Employee Committee then this will be approved in Open Session. 6c) Town Accountant Sharon Angstrom and representatives from Melanson and Heath will be present to review the audit. Included in your packet is a copy of the Management Letter. A copy of the full audit is available on the Town's website under Department/Finance and Accounting and is also being sent to you electronically. If any of the Board members want a paper copy please let me know before Tuesday night. 6d) The continued hearing on a request for waiver of hours for Fit By Catarina will be held at 8:00 p.m. She was not present at the initial noticed hearing. 6e) Consultant Bob Mitchell will be in to present to the Board of Selectmen a summary of his report on the Affordable Housing Trust Funds. This is part of the work that Bob did on the Housing Production Plan and it is intended to provide guidance to the Board and the Town on future uses of affordable housing trust funds. The recommendations that the consultant makes are fairly significant, and the Board should probably put this on an agenda during the summer time for further discussion and direction. 6f) Joseph Mulvey from the United States Postal Service will be present to present an outline of their plans for the postal service in Reading. Attached to the Selectmen's agenda are my notes from the meeting I had with Mr. Mulvey and Post Mistress Jean O'Brien. 6g) Portland Pie on Haven Street has made an application for their liquor license. Time is of the essence for them so that they can get the license application submitted to the ABCC and returned in an adequate time for them to open on their schedule. Staff has reviewed the application and has no objections to it being issued. Part of the application is for the outdoor dining on a licensed side of the sidewalk. Staff does have some comments on the layout of the enclosed area for outdoor dining. The outdoor dining area will be part of the licensed premises for alcoholic service. 6h) The Board of Selectmen normally reviews the Town Meeting Warrant Articles and makes their comments and recommendations on them prior to Town Meeting. Town Meeting begins on April 22"d and the next Board of Selectmen's meeting is April 23. We will have hardcopies at the meeting on Tuesday night. `d Hechenbleikner, Peter From: Goldy, Stephen home account Sent: Wednesday, April 03, 2013 8:17 AM To: Hechenbleikner, Peter Subject: Re: End of an era Thanks for the note Pete and thank you for your guidance. Please accept this email as my resignation from the RCASA board and also the Trust Fund Commissioners. Thanks, Steve Stephen A. Goldy 781-775-5805 On Apr 2, 2013, at 2:45 PM, "Hechenbleikner, Peter" <Dhechenbleikner(@ci.read ine.ma.us> wrote: Steve, So I guess this is it - election day and your term is up. Thanks for all that you have done for Reading over the course of your term at Selectman. It has been a pleasure to work with you. You mentioned that you intended to resign from RCASA and the Trust Fund Commissioners when your term ends. Can you just shoot me an email doing that, if it is still your intent? Thanks. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: (Monday, Wednesday and Thursday: 7:30 a.rn - 5:30 p ni. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.aov email town managerta7ci.readina.ma.us Please let us know how we are doing - fill out our brief customer service survey at httD:Hreadinama- survev.virtualtownhall.net/survev/sid/19ab55aed08fbc96/ ~Jo t SELECTMEN'S LIAISONASSIGNMENTS - FY13 Accounting Department Community Services Department ➢ Board of Appeals ➢ Cities for Climate Protection Program Committee ➢ Community Planning and Development Commission / MAPC ~Tafoya ➢ Conservation Commission Arena ➢ Economic Development Committee Arena ➢ Fall Street Faire Committee ~Tafoya ➢ Historical Commission ➢ Board of Health Tafoya ➢ Constable ➢ Council on Aging / Mystic Valley Elder Services +Arena Finance Department ➢ Board of Registrars ➢ Trust Fund Commissioners ➢ Board of Assessors ➢ Finance Committee Arena Housing Authority Bonazoli Library Department Tafoya ➢ Cultural Council Department of Public Safety Bonazoli ➢ Human Relations Advisory Committee ➢ Police Department ➢ Fire Department Department of Public Works ➢ Board of Cemetery Trustees ➢ MWRA ➢ Trails Committee ➢ Town Forest Committee ➢ Recreation Committee Reading Municipal Light Department Bonazoli School Department Arena ~b v TOWN OF READING, MASSACHUSETTS Management Letter For the Year Ended June 30, 2012 TABLE OF CONTENTS PAGE INTRODUCTORY LETTER CURRENT YEAR RECOMMENDATIONS: Enhance Year-end Cut-off Procedures 3 2. Update Existing Fund Balance Policy 3 3. Prepare to Implement GASB 68 4 ~d2 N L f~ ( 1 Ily A_ .li s C-01 IPA Y, I` To the Board of Selectmen and Town Manager Town of Reading, Massachusetts In planning and performing our audit of the financial statements of the Town of Reading, Massachusetts as of and for the year ended June 30, 2012, in accordance with auditing standards generally accepted in the United States of America, we con- sidered the Town of reading's internal accounting control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of express- ing an opinion on the effectiveness of the Town's internal control. Accordingly, we do not express an opinion on the effectiveness of the Town's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be deficiencies, significant deficiencies, or material weaknesses. In addition, because of the inherent limitation in internal control, including the possibility of man- agement's override of controls, misstatements due to error or fraud may occur and not be detected by such controls. We did not identify any deficiencies in internal control that we consider to be material weaknesses. 3 During our audit we also became aware of certain other matters that we believe represent opportunities for strengthening internal controls and operating efficiency. The recommendations that accompany this letter summarize our comments and suggestions concerning those matters. The Town's written response to the recommendation identified from our audit has not been subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. This communication is intended solely for the information and use of management, Board of Selectmen, others within the organization, and is not intended to be and should not be used by anyone other than these specified parties. After you have had an opportunity to consider our comments and recommendations, we would be pleased to discuss them with you. ;i-~~ / -f- December 21, 2012 ~dN CURRENT YEAR RECOMMENDATIONS: Enhance Year-end Cut-off Procedures In our testing of year-end invoice processing, we found several invoices total- ing approximately $ 691,000 (General fund $ 316,000, Special Revenue Funds $ 231,000, Water fund $ 89,000, and Sewer fund $ 55,000) for ser- vices provided in fiscal year 2012 which were charged to fiscal year 2013. We recommend the Town improve the year-end cut-off procedures to ensure that all invoices are charged to the appropriate fiscal year. This will result in more accurate reporting of liabilities, expenditures and related surpluses and deficits. Town's Response: The cut-off issue that was discovered stemmed from a lack of understanding of the Munis system and how it treats prior year POs when two fiscal years are open. As the new Town Accountant, I am somewhat new to Munis. I was under the impression that when two fiscal years are open, an invoice pro- cessed with a prior year PO would automatically reduce the existing encum- brance and increase the expense in the prior fiscal year for GAAP purposes, since that year had not yet been closed. This is only true if the prior year invoices are processed on a prior year warrant. The invoices noted during the audit appeared on current year warrant, and I failed to note the difference at the time. By processing the prior year invoices on a current year warrant, the adjustment to reduce the existing encumbrance and increase the expense happens in the current year instead of the prior year. Going forward, I will make sure that prior year invoices appear on a separate prior year warrant or do a manual adjustment to manually reduce the encumbrance and accrue the expense for prior year invoices processed on a current year warrant. 2. Update Existina Fund Balance Policv The Town's fund balance policy has not been updated to incorporate account- ing changes that resulted from the Governmental Accounting Standard Board Statement #54. ids We recommend that the Town's fund balance policy be updated to include (but not limited to): • Required/desired level of unrestricted net assets. • Specify prioritization of use of fund balance amounts when multiple sources are used for one project, grant or activity (i.e., general fund monies are appropriated to partially fund a capital project, or a grant match). • Specify the body or official authorized to make assignments of fund balance and applicable time constraints on each assignment. • Distinguish between encumbrance (commitments related to contracts not yet performed and orders not yet filled) and other assignments (previously called designations). • Define any approval process for modifying existing assignments. This will provide guidance over fund balance issues in accordance with current GASB 54 terminology. Town's Response: The Town Accountant will work on updating its existing fund balance policies to address the accounting changes that resulted from the Governmental Accounting Standards Board Statement #54. 3. Preaare to ImWement GASB 68 Beginning in fiscal year 2015, the Town is required to implement the Govern- mental Accounting Standards Board (GASB) Statement 68 - Accounting and Financial Reporting for Pensions that will require the unfunded pension liabil- ity be recognized on the Town's Statement of Net Assets, including enterprise funds. It is widely expected that the implementation of this accounting stand- ard will have a material impact on the Town's basic financial statements. We recommend the Town begin planning for the implementation of GASB 68, which includes gaining an understanding of the new requirements, educating applicable financial statement users, and ensuring that the Town's applicable portions of unfunded retirement system's unfunded liability is audited and available for inclusion in your financial statements. We will be monitoring best practices for implementing this standard across the state and will provide guidance in the coming year. Town's Response: The Town Accountant will gain an understanding of the GASB 68 require- ments and share this information with the applicable financial statement users. to Legal Notice (Seal) Town of Reading To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of the Town of Reading will hold a public hearing on March 19, 2013 at 8:15 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts on an application for Waiver of Hours of Operation before 6:00 a.m. for Fit By Catarina, 335 Main Street. A copy of the proposed document regarding this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M-W-Thurs from 7:30 a.m. - 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m. and is attached to the hearing notice on the website at www.readinama.izov All interested parties are invited to attend the hearing, or may submit their comments in writing or by email prior to 6:00 p.m. on March 19, 2013 to townmana2eraci.readin2.ma.us By order of Peter I. Hechenbleikner Town Manager To the Chronicle: Please publish on March 12, 2013 Send the bill and tear sheet to: Town Manager, 16 Lowell Street, Reading, MA 01867 64 LEGAL NOTICE s TOWN OF READIK(r -`_;t NOTICE OF PUBLIC: HEARING ; To the Inhabitants of'the Town of Reading: • : Please tgke notice thpt. Vie Board of Selectmen of the: of Reading will hold a• puN hearing on March 19; 2d1& 8:15 p.m. in 'the Seleat;ieo Meeting Room, 16 Street, Reading, Massad" on an application for IIV4 ~r Hours of Operation beforitJfi a.m. for Fit By Catarint, Main Street. A copy of the-propos4 ument regarding this t- *available in the w Manager's office, 16.t+ee Street, Heading, MA, Thurs from 7:36 a.m. $:,a P.M., -Tues from 7:30ic 7:00 p.m. and is attach edtitttr hearing'notice on tfie website: www rear ingma gov All interested 'parties or invited to. attend the hearing,.. may submit their comme`nts',Ih writing or by small prior to.6 p.m: on. March 19, 24434th townmanager@d.reaOing.matit s i - By ordergl Peter 1. Hechenbt:- 061 - Town Ma~itte 4• r ~62-- MINOT STREET LLC MINOT STREET LLC MINOT STREET LLC 185 MAIN ST 185 MAIN ST 185 MAIN ST STONEHAM, MA 02180 STONEHAM, MA 02180 STONEHAM, MA 02180 MINOT STREET LLC MINOT STREET LLC DOUCETTE EDWARD 185 MAIN ST 185 MAIN ST MARION DOUCETTE STONEHAM, MA 02180 STONEHAM, MA 02180 18 MINOT ST READING, MA 01867 POLIZZOTTI BRIAN M MACAULAY ANNA MARIE MACAULAY ANNA MARIE KELLI A POLIZZOTTI 12 PINE AVE 12 PINE AVE 10 MINOT ST READING, MA 01867 READING, MA 01867 READING, MA 01867 GIBSON CLIFFORD J GALLO MATTEO TRUSTEE LOZIER JEREMIE RUTH A GIBSON OCEANVIEW NOMINEE TRUST AMY JAMES 19 MINOT ST 376 NORTH ST 25 AVON ST READING, MA 01867 BOSTON, MA 02113 READING, MA 01867 GARLAND JANET L YAN JUN FLEMING CHRISTINE M 23 AVON ST HUIHUI GU RUI JORGE READING, MA 01867 6 BENJAMIN LN 237 ASH ST READING, MA 01867 READING, MA 01867 PATEL ARVIND B KANTOROSINSKI ZBIGNIEW TRUSTEE KANTOROSINSKI ZBIGNIEW TRUSTEE ANJU PATEL E & P REALTY TRUST E & P REALTY TRUST 231 ASH ST 323 MAIN ST 323 MAIN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 M & N REALTY CORP, INC. M & N REALTY CORP, INC. MPG INVESTMENT LLC 315 MAIN STREET 315 MAIN STREET 324 MAIN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 CAPIAU PHILLIPPE T ETAL TRS PATEL KALPESH MOLL MARC L SMART REALTY TRUST RAKSHA PATEL KIMBERLY A MOLL 328 MAIN STREET 12 BENJAMIN LN 20 BENJAMIN LN READING, MA 01867 READING, MA 01867 READING, MA 01867 DUNN JONATHAN M READING MUNICIPAL LIGHT DEPT READING MUNICIPAL LIG HT DEPT SUNITA DUNN 230 ASH ST 230 ASH ST 19 BENJAMIN LN READING, MA 01867 READING, MA 01867 READING, MA 01867 U JOHN J JR PASCUCCIO MARIO ETAL TRS JONES DANIEL J JR CA N E O'BRIEN M AND D MINOT ST REALTY TR JONES DIANE M 24 MINOT ST 690 MAIN ST 33 MINOT ST / READING, MA 01867 WOBURN, MA 01801 READING, MA 01867 'vi,~i NASH-COLE MAUREEN G LONG G BURTON DEFIORE MARIAN A 35 MINOT ST WANDA S LONG 219 ASH ST READING, MA 01867 41 LONGVIEW RD READING, MA 01867 READING, MA 01867 WATSON JOHN CONN DONALD L JR TRUSTEE CONN DONALD L JR TRUSTEE C/O LYNDSIE RAO LEWIS ELSTAN TRUST ELSTAN TRUST 211 ASH ST 114 FOREST STREET 114 FOREST STREET READING, MA 01867 MELROSE, MA 02176 MELROSE, MA 02176 ROGERS STEVEN ROGERS STEVEN SUPINO MARK A TRUSTEE 338-340 MAIN ST 338-340 MAIN ST THE MJJ REALTY TRUST READING, MA 01867 READING, MA 01867 176 LOCKSLEY RD LYNNFIELD, MA 01940 MELENDY MILDRED L (L.E) TOWN OF READING TOWN OF READING C/O FRED J RAVENS III ETAL TRUSTEES LIGHT DEPT MUNICIPAL LIGHT DEPT 198 ASH ST 208 ASH ST 218 ASH ST # 226 READING, MA 01867 READING, MA 01867 READING, MA 01867 TOWN OF READING READWIN LLC THE RESTAURANT UNITS CORP MUNICIPAL LIGHT DEPT C/O TRIDEND MGMT CORP C/O BURGER KING #3957 218 ASH ST # 226 PO BOX 503 PO BOX 020783 READING, MA 01867 READING, MA 01867 MIAMI, FL 33126 LINEAR RETAIL READING #1 JOLY JAMES M ETAL C/O CBRE/GROSSMAN RETAIL ADVISORS PARK REALTY TRUST LLC 348 MAIN ST 33 ARCH ST, 30TH FL READING, MA 01867 BOSTON, MA 02110 n b e4 Schena, Paula ppm: Hechenbleikner, Peter !nt: Tuesday, February 26, 2013 9:42 AM To: Schena, Paula Subject: FW, Hours of operation Copy to Board of Selectmen with hearing info., Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.Qov email townmanaaerO-ci.readina.ma.us Please let us know how we are doing - fill out our brief customer service survey at htti):Hreadinama- survev.virtualtownhall.net/survev/sid/l 9ab55aed08fbc96/ m: Cormier, Jim / nt: Tuesday, February 26, 2013 9:39 AM To: Hechenbleikner, Peter Cc: Delios, Jean; Clay, Ruth Subject: Re: Hours of operation Pete, We have reviewed the request and see no issues with the request. Chief James W. Cormier Chief of Police Reading Police Department 15 Union St. Reading, MA 01867 JCormierQ,ci.readine.ma.us 781-944-1212 FBINAA 233 On Feb 25, 2013, at 11:41 AM, "Hechenbleikner, Peter" <phechenbleiknerna.ci.reading.ma.us> wrote: Any comments/suggestions/questions? 0 Peter I. Hechenbleikner Town Manager Town of Reading (e~ 1 Schena, Paula . pm: Alt: To: Subject: Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Hechenbleikner, Peter Wednesday, March 06, 2013 9:05 AM Schena, Paula FW. Hours of operation Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.aov email town manaaerfti. readina. ma. us Please let us know how we are doing - fill out our brief customer service survey at httD://readinama- survev.virtualtownhall. net/survev/sid/19ab55aed08fbc96/ m: Delios, lean nt. Monday, March 04, 2013 4:14 PM To: Hechenbleikner, Peter; Cormier, Jim; Clay, Ruth Subject: RE: Hours of operation My only comment is how this relates to the other businesses in that building. I am not familiar with how the other businesses operate such as the dog trainer. Also, I watched the video of fit by Catarina and I count more than 10 people. Jean J. Delios Conuntuii.ty Senvices Director/Tow7n Planner Town of Reading 16 Lowell Street Reading, MA 01867-2685 (P) 781-942-6612 ' (F) 781-942-9071 Town Hall Hours as of Tune 7. 2010 M, W, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED idelios0ci.readinLy.ma.us www.readinp-ma.eov http://readingma- urvev.virtualtownhall.net /survey/sid /de8bdaa 16db9e6b4 / p e to 1 From: Hechenbleikner, Peter Sent: Monday, February 25, 2013 11:41 AM To: Cormier, Jim; Delios, Jean; Clay, Ruth abject: FW: Hours of operation Any comments/suggestions/questions? Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.aov email townmanaaer cr ci.readina.ma.us Please let us know how we are doing -fill out our brief customer service survey at htta://readinama- survev.virtualtownhall. net/survev/sid/19ab55aed08fbc96/ From: catarina(Utbvcatarina.com f mailto:catarina(&fitbvcatarina.comI Sent: Monday, February 25, 2013 11:32 AM To: Hechenbleikner, Peter Object: RE: Hours of operation Hi Peter, It was great to meet you today, thank you very much for your time. Thank you for granting me the permission to stay open for the time being. Here is my letter of application. To whom it may concern, My name is Catarina Cipriani and I am a Personal Trainer here in Reading. I personal train a max of 8-10 people at a time at 5:15 a.m and 6:15 a.m Monday-Friday at the Encore Dance Academy Studio in Reading located at 335 Main Street in between Bagel World and Health Store Shopping complex. The reason for my early hours is due to the fact that my clients have to get home in time to get their children off to school and or get to work and the early morning hours (5:15 a.m) is the ONLY time that works best for their schedules. I am the only personal trainer in the studio at that time. My clients come into the parking. lot, and walk less than 50 feet into the studio and work out for one hour and leave. Therefore, I am requesting a variance to conduct business before 6 a.m. I appreciate your time and understanding. Sincerely, Catarina Cipriani tarina Cipriani SM CERTIFIED PERSONAL TRAINER P90X CERTIFIED TRAINER (ae7 INSANITY CERTIFIED TRAINER MMA CERTIFIED CONDITIONING COACH Nw. FitBvCatarina.com FIT By CATARINA Original Message Subject: Hours of operation From: "Hechenbleikner, Peter" <ohechenblelkner(@ci.read ina.ma.us> Date: Thu, February 21, 2013 2:03 pm To: "'CatarinaOFitbvCatarina.com"' <Catarina(&FitbvCatarina.com> It has been brought to my attention that you start your business operation before 6 am, contrary to Town Bylaw. If you want to continue to do business prior to 6 am you must apply to the Reading, Board of Selectmen to do so. A letter of application is satisfactory. The Board of Selectmen will then hold a public hearing on your application, and if they grant the approval it is an annual license subject to renewal each year. I am copying below a copy of the bylaw and the Board of Selectmen regulations on this matter. Please let me know whether you plan on changing hours to start after 6 am, or whether you will be making application for a waiver. Reading General Bylaw: 7.7 Retail Sales 7.7.1 Hours of Operation No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM. 7.7.2 Exceptions This bylaw shall not apply to the retail or commercial operation of facilities operated by Innholders and/or common Victualers and/or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. This bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced prior to 12:01 AM. .7.3 Innholders r the purposes of this bylaw, facilities operated by Innholders shall include, but not be limited to: an inn, hotel, otel, lodging house and public lodging house or any other similar establishment for which a license is required under M.G.L. Chapter 140; the term facilities operated by a common Victualer shall includq a restaurant and any other similar establishment which provides food at retail for strangers and travelers for which a common Q 3 ~e, Victualers license is required under said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of M.G.L. Chapter 138. 7.7.4 License to Permit Operation between Midnight and 6:00 AM The Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public cessity or convenience would be served, the Board of Selectmen may grant, upon such terms and conditions as it deems appropriate, a license under this bylaw to permit the operation of a retail or commercial establishment between the hours of 12:01 AM and 6:00 AM or any portion thereof. However, a license shall not be issued unless the Board of Selectmen has made the following specific findings with respect to each license application: 7.7.4.1 Reasons for Night-time Operation That the operation of the retail or commercial establishment during the night-time hours will not cause unreasonable disruption or disturbance to, or otherwise adversely affect, the customary character of any adjacent or nearby residential neighborhood; 7.7.4.2 Findings for Approval of Night-time Operation That operation of the retail or commercial establishment during the night-time hours is reasonably necessary to serve the public health, safety and welfare; or serve a public need or provide a public convenience which outweighs any increase in any of the following impacts on the adjacent or nearby residential neighborhood (or the character thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular retail customer traffic that might create a risk to pedestrian or vehicular safety, or other adverse public safety impact. The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and in so doing may impose such terms and conditions upon such license as it may consider appropriate. 7.7.5 Hearing for Initial Approval The Board of Selectmen shall give public notice of the initial request whereby a retail or commercial operation or .place of business seeks to be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM or any portion thereof and shall hold a public hearing on the initial request within thirty (30) days of receipt of any such request. The Board may determine annually whether a public hearing will be required on an application to renew the annual approval of a business to be open between the hours of 12:01 AM and 6:00 AM. 7.7.6 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.8 of this bJIylaw, and M.G.L. Chapter 40, Section 21 D. \ REGULATIONS Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. . The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant: 1. Approval will be granted for businesses within a commercial or industrial zoning district only. in general, approval shall be for the entire business. For example, if a business dispenses asoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. (,e q 3 The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. 4 Written approval -of the property owner will be required prior to the Board hearing an application 1.r a license. This will need to be renewed annually. r he Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive-thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. . 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 1(1. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 1:. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126107 Peter 1. Hechenbleikner Town Manager - wn of Reading Lowell Street eading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.read inama.oov email townmanagerO.ci.readina.ma.us Please let us know how we are doing - fill out our brief customer service survey at httD://readinama- survev.virtualtownhall. net/survev/sid/19ab55aed08fbc96/ n ~eqo N~ m>n x AFFORDAB---,E HO-.....-S--NG F~NDS A Report to the Town of Reading MA Robert P. Mitchell FAICP 2/4/2013 Robert P. Mitchell FAICP 151 Tremont Street Suite 23A Boston MA 02111 Mitchel lFAICPO-amail. com February 4, 2013 Mr. Peter I. Heckenbleikner, Town Manager Ms Jean Delios, Community Services Director/Town Planner Town of Reading 16 Lowell Street Reading MA 01867 Dear Mr. Heckenbleikner & Ms Delios: Enclosed is a Report to the Town of Reading on Affordable Housing Trust Funds. This Report examines the current Reading Affordable Housing Trust and the special act that created the Trust. The Report provides information on the state legislation passed subsequent to the Reading special act as well as the potential roles of trusts and their funding sources. The Report also presents a number of questions that should be considered as Reading decides how best to organize its trust as well as some options for that organization. In addition it makes a number of recommendations related to Reading's trust and its structure and activities. Finally the Appendices include the state statute on affordable housing trusts and some examples of town meeting warrant language as well as a Declaration of Trust from communities that have adopted trusts under that state statute. If you have any questions or would like further elaboration of any part of this report, I would be pleased to provide additional information. I am available to meet with you at your convenience for any further discussion of the Report. Sincerely Robert P. Mitchell FAICP 2 6~Z Table of Contents Introduction 4 Background 4 Reading Housing Trust Fund 5 Questions for Consideration 5 Affordable Housing Trust Fund Options 6 Recommendations 7 MGL c. 44 § 55C 8 Comparing Reading Trust to MGL c. 44 § 55C trust 9 Trust Powers & Use of Funds 9 Funding Sources 10 Trust Activities 11 Appendix A - MGL c. 44 § 55C statute 12 Appendix B - Town of Sudbury Declaration of Trust 17 Appendix C - Town of Marblehead Town Meeting Warrant language 23 3 b-(3 Introduction This is a Report on affordable housing trust funds (AHTF). It reviews the current situation of the Reading AHTF and issues related to its structure and activities. The report presents a number of questions that Reading should consider as it analyzes what actions to take relative to the Trust. It also presents a series of options for consideration by the town in deciding how to move forward with a Trust. Subsequent to Reading adopting a special act to create the Trust in 2001, the state adopted legislation (MGL c. 44 § 55C) that allows for the creation of trusts by all cities and towns. That legislation gave broad powers and directions to local trusts adopted under this section of state law. As a result many communities, including communities with previous special acts, have adopted new trusts. The Report compares the existing Reading trust to the provisions of the state legislation. The Report also presents a series of options for Reading's consideration related to the future of the Trust's organization and actions. Information on possible revenue sources and potential uses of trust funds is offered. Based on the information provided, a number of recommendations are made for Reading's consideration. The Appendices include the language from MGL c. 44 § 55C as well as examples of town meeting warrant articles and declaration of trust documents from communities that adopted an AHTF under that chapter of state law. Housing trust funds are established to receive funding without reliance on annual budget allocations in order to support the proactive preservation and production of affordable housing. Likewise trust funds can provide resources to monitor the future compliance of affordable housing over a restricted period of affordability. In 2001 the Reading Town Meeting passed a warrant article which authorized the Selectmen to petition the Massachusetts General Court to establish an Affordable Housing Trust Fund for creation and preservation of affordable housing. The State legislature approved the special legislation. The Board of Selectmen act as the Trustees of the Trust. 4 yFY In 2005 the Governor signed into law M.G.L. Chapter 44 Section 55C enabling cities and towns to create a Municipal Affordable Housing Trust Fund without a special act of the legislature. Since then more than 90 communities have ratified by local vote the creation of an AHTF. The enabling legislation under M.G.L. Chapter 44, Section 55C allows communities to establish Trusts that provide a comprehensive capacity to preserve, create, and monitor affordable housing. Cities and towns that formed Trusts of their own design prior to this legislation have encountered complications and limits absent under the broader abilities in the state statute. Such complications are in fact the reason the legislature passed its new law. The following list outlines some issues that have been identified related to the Affordable Housing Trust Fund (AHTF) operating in Reading: ➢ The current AHTF requires that the Trust (Board of Selectmen) submit an allocation plan to town meeting each year. That allocation plan must indicate how funds from the Trust will be expended over the next year and how the funds were actually expended over the past year. ➢ Town meeting must vote to approve the allocation plan. The plan can only be amended by town meeting. The requirement that town meeting must approve expenditures restricts the ability of the Trust to act quickly in a situation where such action could result in the preservation and/or creation of affordable housing. ➢ The AHTF requires a majority vote of the full combined membership of both the Board of Selectmen and the Housing Authority for any expenditure. Under MGL Chapter 44 §55C, only a majority vote of the AHTF Trustees is required for expenditures, a less cumbersome process. ➢ The current Trust is not in conformity with state statute and does not provide both the broad powers of the statute and the explicit actions that the Trust may take which are also listed in the statute. This situation may present complications for the use of the Reading AHTF in certain circumstances. ➢ The current Trust has no provisions for identifying who the trustees are, how they are appointed, the terms of office or similar requirements. In the process of analyzing the potential options for Reading to consider, there some questions that the answers to would assist the town in deciding its course of action. Questions to ponder include: ➢ Is any trust, or the currently structured Trust, an effective tool for addressing affordable housing issues? Should there be a Reading trust? 5 b'r-510, ➢ If a trust should be a part of Reading's actions regarding affordable housing, is the current special act structure outdated? Should Reading adopt a new trust under MGL c.44 §55C to provide more flexibility as well as additional powers and an expanded legal framework? ➢ What type of trust best suits Reading? a) a relatively passive one that awaits opportunities for funding and projects to aid; b) a funding body that seeks both revenues and identifies specific funding programs for which it solicits applications/proposals; c) an active initiator of actions to identify and solicit funding sources as well as one that initiates projects and proposals; d) a trust that concentrates only on assisting the production and preservation of affordable units, rather than on non-capital oriented programs. ➢ Prior to adopting specific guidelines and applications forms for use of trust money, the town must decide from a policy perspective what the specific uses are for which someone could request money. What are the priorities of the town in this matter? ➢ Without some regular or semi-regular revenue sources, it would be difficult to have any long term programs. However, would Reading consider some short term programs, such as a 2 -3 year availability of funds for home buying assistance, as an example? ➢ What staffing resources can be used to assist a trust in accomplishing its mission? How should the "administrative money" be best used for Trust purposes? ➢ Does the potential creation of a regional housing resource collaborator, currently being studied by Reading and surrounding communities, shape the discussion of what type of trust Reading should have? ➢ With Reading about to adopt a Housing Production Plan, what specific tasks, if any, should the trust have responsibility for in carrying out the strategies identified in that Plan? ➢ Given all of the provisions of MGL c. 44 §55C and the fact that the existing Reading special act trust does not include most of those provisions, would it be prudent to have a legal review of the Reading structure? There are numerous options for how Reading could proceed in deciding what, if any, changes should be made to the current structure and activity of the AHTF. Possible options include: ➢ Status auo: Keep the existing special act structure and activities. Await opportunities to either receive funding from unknown sources or to use the existing assets in support of specific requests for project aid. Continue to file a generic allocation plan each year with town meeting ➢ Status auo modified: Retain the existing special act structure but develop a detailed plan of action to both actively seek funding sources and to identify what specific purposes for which the trust finds could be used. Actively recruit organizations, developers etc., 6 6(P ~ depending on the actions identified, to apply in a defined application process for the money that will be offered in a particular year. ➢ Rescind the Readinq Trust: Decide that this mechanism to support affordable housing in Reading is not the most effective tool to use. Request that town meeting rescind the Trust. The funds currently assigned to the Trust would have to be allocated in a manner that supports the original purposes of those funds. ➢ Adopt MGL C. 44 &55C: Request that Town Meeting adopt a new Trust structure and organization based on the provisions of this section of state law. Use this process to identify the specific purposes for this new Reading AHTF, the responsibilities it would be assigned and the organizational structure, including trustees and staff support, of the new Trust. The town would file a Declaration of Trust with the Registry of Deeds as required by the legislation. At a minimum this would preclude the need to submit an allocation plan to town meeting every year. Based on the information collected and analyzed, discussions with Reading staff, interviews with officials from other towns that have AHTFs and literature review, the following recommendations are made for the town's consideration: ➢ The town should adopt a new AHTF under MGL c. 44 § 55C. A new Trust under this legislation addresses some of the on-going issues that Reading has identified with its existing special act. It also provides a broad array of powers that the town can chose from while specifically identifying procedures that should be adhered to by the trustees. The required Declaration of Trust would ensure that Reading's structure had specific information as to who the trustees are, what powers they have, their terms of office, how they are appointed, how they operate etc. (most of this information is not currently included in Reading's special act.) ➢ The town should identify specifically what the role of the Trust is to be going forward. How active should it be? What specific tasks should it take on? A one to five year work plan/plan of action should be developed. ➢ The town should consider the results of the on-going study for a regional housing coordinator. If that position is created, then Reading should decide how best to use that resource to assist the Trustees in identifying their work plan as well as implementing recommendations from that work plan. ➢ The town should identify where it wants to focus trust resources - on project related proposals or for other activities, such as home buyer assistance or housing rehabilitation, for example. Given the lack of regular revenue sources, it may be practical to retain the assets for the opportunity to preserve and/or create new affordable units as being the most effective use of those assets. ➢ Given the limited resources in the Trust, the town should actively seek out partners with which to combine forces in the preservation and/or production of units, or the establishment of affordable housing restrictions on units where that opportunity arises. 7 ~d8 ➢ The new Housing Production Plan should be used to inform the Trust in developing a work plan and prioritizing actions to be taken by the Trust. In 2005, the Legislature adopted and the Governor Patrick signed, the "Municipal Housing Trust Fund" act which provided that cities and towns in the Commonwealth could adopt local affordable housing trusts. Prior to that date, a number of communities, including Reading, had requested.and received approval of a special act from the State legislature to allow the creation of local affordable housing trusts. Some important provisions of the Act include: ➢ It allows communities to collect funds for housing purposes ➢ It allows those funds to be segregated from the general budget into an affordable housing trust fund ➢ It allows communities to use those funds without going back to town meeting for approval ➢ It enables communities to own and manage real estate, not just receive and disburse funds This Act simplified the process of establishing such trust funds and provides guidelines on what local trusts can do. It contains some minimum requirements which must be satisfied. However, it does allow towns to vary some of its provisions. Thos provisions include: ➢ Trustees: The Act requires a minimum of five (5) trustees. The town has the option to increase the number of trustees. The town can also decide what the quorum should be (majority of the membership; majority of those present at a meeting etc.) ➢ Composition: The Act states that the trustees shall be appointed and confirmed by the Board of Selectmen and that one of the trustees must be a member of the Board of selectmen. While some towns do not spell out who should be on the trustees, other towns have designated seats for additional Board of Selectmen, planning board members, housing authority members or other designated groups and/or at-large seats. ➢ Powers: The powers in the Act are quite broad. Those powers can be modified or limited. Some communities adopt the powers of the Act without changes while others have imposed limits on the amount of money borrowed, or the selling of real estate without the approval of the Board of Selectmen and/or town meeting. Other towns have required a super majority vote (2/3) of the trustees for certain actions (such as sale, lease, or purchase of property). If a town adopts the provisions of MGL c. 44§ 55C than it must also adopt a Declaration of Trust that includes the purposes of the trust; appointment, powers, meetings and tenure of the 8 l f trustees; the acts of the trustees; liability; amendments; accounts; duration of the trust; trust certificates; and other necessary elements of the bylaws for the trust. This Declaration of Trust must be recorded at the Registry of Deeds. Issue Term of office Annual report to Town Meeting Annual allocation plan approved by town meeting Expenditures Annual audit Membership Town Manager as ex-officio or can appoint designee Powers Reading AHTF No reference Required Required MGL c. 44 §55C 2 years No requirement No requirement Requires majority vote of full Expenditures made by AHTF combined membership of board of trustees unless Board of Selectmen & modified by town Housing Authority No reference Required Not specified Minimum of 5 members, appointed & confirmed by Bd. of S. One member must be from Bd. of S. Not allowed Allowed Limited to 4 powers specified Broad powers (16 powers in the special act listed) One of the reasons for the Legislature to adopt, and the Governor to sign, this legislation was to allow for flexibility as to how communities could use their revenues to further affordable housing goals. In addition to the powers listed below, a community may grant the trustees additional powers through the Declaration of Trust. The Act allows communities to take actions such as the following: ➢ To accept and receive real property, personal property or money by gift, grant, contribution, devise or transfer ➢ To purchase and retain real or personal property ➢ To sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract and to make such contracts ➢ To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases etc. for the purposes of the trust ➢ To employ advisors and agents 9 ➢ To pay compensation and expenses to advisors and agents ➢ To apportion receipts and charges between incomes and principal, to amortize premiums and to establish sinking funds for such purposes and to create reserves ➢ To participate in any reorganization, recapitalization, merger or similar transactions; to consent to any contract, lease, mortgage purchase or sale of property ➢ To borrow money ➢ To defend, release, settle or otherwise adjust claims against the trust ➢ To manage and improve real property ➢ To extend the time for payment of any obligation of the trust Revenues & Expenditure of Funds - It is important to note that moneys paid to the trust shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. Revenues paid into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year remain trust property. Most, but not all, communities that have adopted trust funds have some type of dedicated revenue source(s) to carry out the purposes of the trust. However, a variety of both dedicated and one-time revenue sources have been used throughout the state. Examples of these sources include: ➢ Community Preservation Act - This is the most consistent source of dedicated funds used for housing trust funds. The trustees in those communities that have adopted CPA often make an annual request for some amount of those funds. ➢ Inclusionarv Zoninq - Municipalities that adopt inclusionary zoning often allow for the payment of cash in lieu of construction of affordable units. Those cash payments can be designated by the bylaw for payment into the affordable housing trust. In addition a few communities also allow for the donation of land to the trust in lieu of construction. ➢ Town allocation: In a number of cities and towns, there has been an allocation of funds from the general budget to the AHTF ➢ Negotiated Davments - Communities have negotiated with developers of both residential and commercial developments for community benefit contributions. In some instances those contributions have been cash payments to the trust. Depending on the circumstances, it could also be the case that such donations consisted of land and/or existing dwelling units. ➢ 40R Davments- Towns can use designated payments received from the state for the approval of 40R Smart Growth Districts in the community. ➢ Sale of tax title property - Municipalities can designate that the proceeds from the sale of tax title properties be placed in the trust fund. ➢ Special zonina incentive provisions - A number of communities have special provisions in their zoning bylaws that allow for a bonus in development in exchange for contributions to the trust fund. Examples include allowing an in-fill housing unit on an undersized lot; allowing for more than one house per lot; allowing for accessory units; or other similar provisions all in exchange for contributions to the trust fund. ➢ Cell tower Davments - Communities have designated that some of the lease payments for cell towers on town property be designated for the trust fund. 10 4 P1 I ➢ Resale of affordable units as market rate units -If an affordable unit is unable to be sold at the affordable rate, then the difference in proceeds between the affordable and market price is designated for the trust fund. ➢ Lotterv/resale administration - The trust can act as a lottery/resale agent for affordable units and create revenue from developers willing to pay for this service. ➢ Private fund raisins - Private fund raising campaigns have been proposed in some communities. There are undoubtedly other potential sources of revenue. If Reading decides that one course of action is to adopt a plan of action that increases the resources of its Trust, it should identify those potential revenue sources most likely to be viable in the town. Trusts are used for a wide variety of activities related to the preservation and/ creation of affordable housing and affordable housing opportunities. Examples of these activities include: ➢ Purchase of land ➢ Acquisition of town or other publicly owned land ➢ Acquisition of land through tax title actions ➢ Purchase of existing dwelling units to restrict for affordable housing use ➢ Purchase affordable housing restrictions on private housing units, including new developments ➢ Provide first time home buyer down payment/closing cost assistance (loans and/or grants) for low and moderate income individuals ➢ Provide financial assistance to low and moderate income renters (loans/grants for 1St/last month's rent and security deposit) ➢ Provide financing assistance to housing developers to write down the cost of some units or to provide additional affordable units. ➢ Provide rehab grants/loans to homeowners or property owners with a requirement that an affordable housing restriction be placed on the unit ➢ Provide foreclosure prevention assistance through short term loans ➢ Advocate for affordable housing actions, based on town's Master Plan or Housing Production Plan ➢ Administer affordable housing lotteries and affordable housing unit agreements for housing developers ➢ Fund a local share for a regional housing services staff person who would carry out a number of affordable housing activities (Note: Reading currently has a grant to study the creation of a regional housing coordinator with a number of surrounding communities.) 11 APPENDIX A Massachusetts General Law Chapter 44 Section 55C Section 55C. (a) Notwithstanding section 53 or any other general or special law to the contrary, a city or town that accepts this section may establish a trust to be known as the Municipal Affordable Housing Trust Fund, in this section called the trust. The purpose of the trust is to provide for the creation and preservation of affordable housing in municipalities for the benefit of low and moderate income households. Acceptance shall be by majority vote of the municipal legislative body under section 4 of chapter 4. (b) There shall be a board of trustees, in this section called the board, which shall include no less than 5 trustees, including the chief executive officer, as defined by section 7 of chapter 4, of the city or town, but where the chief executive officer is a multi-member body, that body shall designate a minimum of 1 of its members to serve on the board. Trustees shall be appointed in a city by the mayor or by the city manager in a Plan D or Plan E municipality, subject in either case, to confirmation by the city council, and in a town by the board of selectmen, shall serve for a term not to exceed 2 years, and are designated as public agents for purposes of the constitution of the commonwealth. Nothing in this subsection shall prevent a board of selectmen from appointing the town manager or town administrator as a member or chair of the board, with or without the power to vote. (c) The powers of the board, all of which shall be carried on in furtherance of the purposes set forth in this act, shall include the following powers, but a city or town 12 ,~~-13 may, by ordinance or by-law, omit or modify any of these powers and may grant to the board additional powers consistent with this section:- (1) to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from chapter 4413; (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; (3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; (5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary; 13 (6) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; (7) to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; (8) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; (9) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate; (10) to carry property for accounting purposes other than acquisition date values; (11) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral; (12) to make distributions or divisions of principal in kind; (13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, 14 either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the board may deem appropriate; (14) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining; (15) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and (16) to extend the time for payment of any obligation to the trust. (d) Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning ordinance or by-law, exaction fee, or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within 1 year of the date they were appropriated into the trust, remain trust property. (e) The trust is a public employer and the members of the board are public employees for purposes of chapter 258. (f) The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of chapter 268A. 15 (g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof. (h) The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices. (i) The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39. (j) The trust is a board of the city or town for purposes of chapter 30B and section 15A of chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the city or town shall be exempt from said chapter 30B. 16 APPENDIX B Town of Sudbury Housing Trust THIS DECLARATION OF TRUST is executed as of the fifteenth (15th) day of February, 2007 by Lawrence W. O'Brien, member of the Board of Selectmen; Michael C. Fee, Chairman of the Planning Board; Amy Lepak, Chairman, Community Housing Committee; and Christopher Morely and Tara L. N. Reed, Co- Chairmen of the Community Preservation Committee, hereinafter called the Temporary Trustees, who shall serve in such capacity pursuant to the provisions of M.G.L. Chapter 44, s 55C until the permanent Trustees are appointed pursuant to Article IV hereunder. WHEREAS, The Town Meeting of Sudbury has authorized the establishment of a Housing Trust pursuant to the provisions of M.G.L. Chapter 44, s 55C; and WHEREAS, An Interim Trust was established on October 17, 2006 to provide an interim mechanism for collecting funds and paying for expenses in accordance with the purpose and intent of the enabling legislation pending the adoption of final Trust documents; and WHEREAS, It is the intention of the Trustees, to establish a comprehensive trust in accordance with the provisions of M.G.L. Chapter 44, s 55C authorizing the establishment of thereof; and WHEREAS, All monies received by the Interim Trust shall be transferred to this final Trust for all purposes relevant to the Trust and the entire Housing Trust Fund (the Fund) shall be considered available for the purposes of accomplishing the mission of providing for the preservation and creation of affordable housing in the Town of Sudbury for the benefit of low and moderate income households. THEREFORE, in consideration of the agreements contained in this Trust, and the requirements of M.G.L. Chapter 44, s 55C, the Trustees hereby acknowledge and agree for themselves and their successors in trust to hold the same, together with such other property and funds as may be added thereto, for the purposes hereof in trust for the benefit of all of the Inhabitants of the Town of Sudbury, in the manner and under the terms and conditions set forth herein: ARTICLE I TRUSTEES The Trustees shall be appointed in accordance with Article IV hereof to replace the Temporary Trustees established and appointed in the first paragraph of this document. ARTICLE II PURPOSE OF TRUST The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of Sudbury for the benefit of low and moderate income households. ARTICLE III POWERS OF TRUSTEES The Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of M.G.L. Chapter 44, s 55C (Municipal Affordable Housing Trust Fund) as outlined below except that it shall have no ability to borrow money, or mortgage or pledge Trust assets, purchase, sell, lease, exchange, transfer or convey any interest in real property without prior approval of the Sudbury Board of Selectmen: 1) to accept and receive real property, personal property or money, by gift, grant, contributions, devise, or transfer from any person, firm, corporation or other public 17 entity or organization or tendered to the Trust in connection with provisions of any ordinance or by-law or any General Law or Special Act of the Commonwealth or any other source including money from M.G.L Chapter 44B (Community Preservation); 2) with Board of Selectmen approval from Trustee recommendation, to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to Trust property as the Trustees deem advisable notwithstanding the length of any such lease or contract; 3) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the Trustees engage for the accomplishment of the purposes of the Trust; 4) with Board of Selectmen approval from Trustee recommendation, to borrow money on such terms and conditions and from such sources as the Trustees deem advisable, to mortgage and pledge Trust assets as collateral; to the extent of the Trust's assets, and subject to 2/3 vote at any Annual or Special Town Meeting for greater than the extent of the Trust's assets. 5) to construct, manage or improve real property; and to abandon any property which the Trustees determine not to be worth retaining; 6) with Board of Selectmen approval from Trustee recommendation, to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; 7) to hold all or part of the Trust property uninvested for such purposes and for such time as the Trustees may deem appropriate; and 8) to become the lottery and monitoring agent for affordable housing and accept compensation for those services into the Fund, 9) to monitor the expiring use of any affordable housing in Sudbury; 10) to compensate Town employees for services provided as authorized by the Town Manager, including but not limited to dedicated staff to Trustees, engineering support for project specific activities, and other Town services, as requested by the Trustees to the Town Manager; 11) to employ advisors and agents, including but not limited to accountants, appraisers and lawyers as the Trustees deem necessary; 12) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the Trustees deem advisable; 13) to participate or join or form a partnership, corporation or any other legally organized entity to accomplish the purposes of this Trust and to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation, and any other corporation, person or entity, 18 t 61 q 14) to apportion receipts and charges between incomes and principal as the Trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; 15) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the Trustees may deem proper and to pay, out of Trust property, such portion of expenses and compensation of such committee as the Trustees may deem necessary and appropriate; 16) to carry property for accounting purposes other than acquisition date values; 17) to make distributions or divisions of principal in kind; 18) to extend the time for payment of any obligation to the Trust, 19) to establish criteria and/or qualifications for recipients and expenditures in accordance with Trust's stated purposes; 20) to compromise, defend, enforce, release, settle or otherwise adjust claims in favor or against the Trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the Trustees may deem appropriate; Notwithstanding anything to the contrary herein, Board of Selectmen approval shall be required for any of the following actions: a) to purchase real or personal property; a) to sell, lease, exchange, transfer or convey any personal, mixed, or real property; and b) to borrow money, or to mortgage or pledge Trust assets as collateral to the extent of the Trust's assets. Notwithstanding anything to the contrary herein, the Trustees may not borrow, mortgage or pledge greater than the current Trust assets unless approved by the Board of Selectmen and by a 2/3 vote at any Annual or Special Town Meeting. The Trustees shall have full power and authority, at any time and from time to time and without the necessity of applying to any court for leave to do so, to expend the 100% of the Trust funds, both principal and interest, to the extent that all funds hereunder may be expended if the Trustees deem such expenditure appropriate. All expenditures shall be made in conformance with the terms of this Trust and M.G.L. Chapter 44, s 55C. ARTICLE IV APPOINTMENT AND TENURE OF TRUSTEES There shall be a Board of Trustees consisting of not less than five and not more than nine Trustees appointed by the Board of Selectmen. At least one of the Trustees shall be a member of the Board of Selectmen, who shall serve as the representative of the Board of Selectmen. The Trustees shall be appointed for a two (2) year term, such term to end on April 30 of the expiration year or until such time as a successor is appointed, should said appointment be delayed. Two of the initial Trustee appointments shall be for a term of one (1) year, and may be re-appointed at the discretion of the Board of Selectmen. Trustees may be appointed for no more than five (5) consecutive terms. 19 { _ F2-D In the event of a vacancy in the position of Trustee, the appointment shall be made in the same manner as the original appointment. All Trustees must be current residents of Sudbury upon initial appointment. Any Trustee who ceases to be a resident of the Town of Sudbury shall promptly provide a written notification of the change in residence to the Trust and to the Town Clerk. Said Trustee may continue to serve with the approval of the remaining Trustees, and may be reappointed by the Board of Selectmen. Any Trustee may resign by written instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be a Trustee hereunder before his/her term of office expires, a successor shall be appointed by the Board of Selectmen to fill such vacancy provided that in each case the said appointment and acceptance in writing by the Trustee so appointed is filed with the Town Clerk. No such appointment shall be required so long as there are five (5) Trustees in office. Upon the appointment of any succeeding Trustee and the filing of such appointment the title to the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. ARTICLE V MEETINGS OF THE TRUSTEES The Trust shall meet at least quarterly at such time and such place as the Trustees shall determine. Special meetings may be called by the Chairperson or by any two (2) Trustees. Notice of any meeting of the Trust shall be filed with the Town Clerk and posted in accordance with the Open Meeting Law, M.G.L. Chapter 39, s 23A, 23B and 23C. A quorum of the Board of Trustees shall be the majority of the number of authorized Trustees. The Trustees shall annually elect one (1) Trustee who shall not be a member of the Board of Selectmen to serve as Chairperson. The Chairperson may establish sub-committees and/or ad hoc task related committees to carry out the purposes of the Trust. Chairpersons of the sub- committees may be selected by the members of the sub-committees. If any Trustee is absent from five (5) consecutive regularly scheduled meetings of the Trust, except in the case of illness, his position shall be deemed vacant and shall be filled with a new appointment as set forth above. ARTICLE VI ACTS OF TRUSTEES A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. ARTICLE VII TREASURER/COLLECTOR AS CUSTODIAN The Town of Sudbury Treasurer/Collector shall be the custodian of the Trust's funds and shall maintain separate accounts and records for said funds. He or she shall invest the funds in the manner authorized by M.G.L Chapter 44, s 55 (Public Funds on Deposit; Limitations; Investments,) s 55A, (Liability of Depositor for Losses Due to Bankruptcy), s 55B (Investment of Public Funds). Any income or proceeds received from the investment of funds shall be credited to and become part of the Trust. 20 to ~ Expenditures by the Trust shall be processed through the warrant but shall be controlled by the provisions of M.G.L. Chapter 44, s.55C. The yearly approved budget, and any approved budget revisions will be recorded by the Town Treasurer/Collector. As custodian, the Treasurer/Collector shall issue checks as directed by the Trustees. In accordance with M.G.L. Chapter 44, s.55C (Municipal Affordable Housing Trust Fund), the books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices. The Trust shall be audited as part of the Town audit. ARTICLE VIII DURATION OF THE TRUST This Trust shall continue so long as authorized under the Laws of the Commonwealth of Massachusetts. Notwithstanding the foregoing, The trust may be terminated by a majority vote of the Town Meeting in accordance with M.G.L. Chapter 4, s 4B, provided that an instrument of termination together with a certified copy of the Town Meeting vote are duly recorded with the Middlesex South District Registry of Deeds and the Land Court. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for affordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded. ARTICLE IX CONSTRUCTION OF TERMS In the construction hereof, whether or not so expressed, words used in the singular or in the plural respectively include both the plural and singular, words denoting males include females and words denoting persons include individuals, firms, associations, companies, trusts and corporations unless a contrary intention is to be inferred from or required by the subject matter or context. All the powers and provisions of the Trust herein contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder. ARTICLE X RECORDING This Declaration of Trust shall be recorded with the Middlesex South District Registry of Deeds and the Land Court. ARTICLE XI AMENDMENTS The Declaration of Trust may be amended from time to time except as to those provisions specifically required under M.G.L. Chapter 44, s 5C, by an instrument in writing signed by all of the Trustees and approved at a meeting called for that purpose, and approved by the Board of Selectmen provided that in each case, a certificate of amendment has been recorded with the Middlesex South District Registry of Deeds and the Land Court. ARTICLE XII RECORD TO BE CONCLUSIVE, CERTIFICATE AS TO FACTS Every contract, deed, mortgage, lease and other instrument executed by a majority of the Trustees as appears from instruments or certificates recorded with the Registry of Deeds and Land Registration Office to be Trustees hereunder shall be conclusive evidence in favor of any person relying thereon or claiming thereunder, that at the time of the delivery thereof this Trust 21 was in full force and effect and that the execution and delivery of such instrument was duly authorized by the Trustees except that instruments of amendment pursuant to Article XI and an instrument of termination pursuant to Article VIII hereof shall be conclusive only if it appears that the delegations, amendments or termination have been executed by all of the Trustees. Any person dealing with the Trust property or the Trustees may always relay on a certificate signed by any person appearing from instruments or certificates so recorded to be Trustee hereunder as to the identity of the then current Trustees or as to the existence or non-existence of any fact or facts which constitute conditions precedent to acts by the Trustees or in any other manner germane to the affairs of the Trust. ARTICLE XIII TERMINATION OF INTERIM TRUST The Interim Trust is hereby terminated and all assets and liabilities shall be transferred to the Trustees hereunder pursuant to the vote of the April 2006 vote of the Sudbury Annual Town Meeting and M.G.L. Chapter 44, s 55C. ARTICLE XIV TITLES The titles to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such article. 22 &452,3 APPENDIX C Town of Marblehead Town Meeting Warrant To adopt an Affordable Housing Trust Fund Article IX. MARBLEHEAD AFFORDABLE HOUSING TRUST FUND ARTICLE IX. Marblehead Affordable Housina Trust Fund 24-23. Purpose: membership: appointment. 24-24. Powers. [Adopted 5-4-2008 ATM by Art. 34] ~ 24-23. Purpose: membership: appointment. There shall be a board of trustees of the Marblehead Affordable Housing Trust Fund established by the vote under Article 34 of the Warrant for the 2008 Annual Town Meeting, in this section called the board, which shall include nine trustees, including all of the members of the Board of Selectmen, with the remaining members to be appointed by the Board of Selectmen. Trustees shall serve for a term not to exceed two years. A quorum of the board of trustees shall be five members. & 24-24. Powers. The powers of the board, all of which shall be carried on in furtherance of the purposes set forth in General Laws Chapter 44, Section 55C, shall include the following: A. Subject to Town Meeting approval, to accept and receive real property, by gift, grant, devise, or transfer from any person, firm, corporation or other public of private entity; B. To accept and receive tangible property or financial gifts, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or other property, not real property, tendered to the trust in connection with provisions of the Town of Marblehead Zoning Bylaw or any other Town by-law; C. Subject to Town Meeting approval, to purchase and retain real property; D. To purchase and retain personal property, including without restriction investments that yield a high rate of income or no income; E. Subject to Town Meeting approval, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; F. To sell, lease, exchange, transfer or convey any personal, property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, 23 ~ Fz`~ and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; G. To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust and if given proper authority as noted above; H. To employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary; 1. To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; J. To apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; K. To participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; L. To deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate; M. To carry property for accounting purposes other than acquisition date values; N. To borrow money on such terms and conditions and from such sources as the board deems advisable and to mortgage and pledge trust assets as collateral; 0. To make distributions or divisions of principal in kind; P. To compromise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of Massachusetts General Laws, Chapter 44, Section 55C, to continue to hold the same for such period of time as the board may deem appropriate; Q. To manage or improve real property; R. Subject to approval of Town Meeting, to abandon any property which the board determined not to be worth retaining; S. To hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; T. To extend the time for payment of any obligation to the trust. U. To adopt rules and regulations for the purpose of carrying out its responsibilities and powers and in furtherance of the provisions hereof. And to do all of the foregoing without funding from the Town of Marblehead but by receipts generated and/or earned, received, bequeathed, gifted or devised in accordance herewith. 24 TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager ~rc Date: Wednesday, April 03, 2013 Re: USPO - Reading On Friday, March 1 1 met with Postmaster Jeannie O'Brien and USPS Real Estate Specialist Joseph Mulvey at the Reading Post Office, 136 Haven Street. Following discussion, I was given a tour of the facility. Mr. Mulvey reiterated previous information indicating that the USPS feels that the Reading Post Office is larger than the USPS needs for this location. They intent to move the mail sorting and distribution functions to surplus space on Washington Street in Woburn, and then to offer the Reading site for sale. Once they have a buyer for the existing Reading Post Office they will then look for space in Downtown Reading for a new Post Office retail operation of approximately 1400 square feet, which could be a part of the current building on a lease-back basis, or it could be a lease of a different site. The process of selling the existing building is a multiple step process. There is no priority for selling to a local government. Mr. Mulvey and Ms. O'Brien will be at the Selectmen's meeting to discuss with the Board of Selectmen the steps in moving forward on the process by which this site would be offered for sale. Mr. Mulvey indicated, and I have confirmed with the Reading Historical Commission, that this site is not on the State or National Registers of Historic Places. It is on the Reading List of Historic Structures. 106-l • Pano 1 P 5"CCtn Facilities Implementation UNITED STATES POSTAL SERVICE - - March 1, 2013 The Honorable Peter I. Hechenbleikner Town Manager, Town of Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner: K ~ Litt Gt As part of a national effort, the Postal Service has been engaged in re-evaluating its facilities. As a self- supporting government agency that receives no tax dollars for its operating expenses, the Postal Service relies on the sale of postage, products, and services to fund its operations. In order to sustain universal mail service to the American people, it is imperative that the Postal Service adjust its retail, delivery and mail processing networks to match America's changing communication trends and the anticipated continued decline in mail volume. Toward that end, one initiative we are pursuing is our facility optimization process. This process is intended to analyze our delivery and retail facilities infrastructure to ensure optimal use of space in our facilities. The Reading Main Post Office located at 136 Haven Street is one of several properties recently analyzed. The property comprises roughly 17,000 square feet of interior space and includes a basement and first floor area. An optimization study has been approved that recommends selling this underutilized asset, relocating the delivery carriers to underutilized space in our Woburn facility, and right sizing the post office into smaller space. We require approximately 1,400 square feet of space for the new Reading Post Office. The proposed new post office will offer the community an upgraded, modern facility that will provide the level of service expected by our customers. The post office would be housed within the same building following a sale or within other space nearby. Alternate locations for the facility would be explored at the time an offer to buy the property is received, if that is the best valued option. The Postal Service wishes to work in partnership with you and the community. We thank you for your participation in this process and we look forward to working with you and your staff as this project develops. Sincerely, Joseph J._Mulvey- Real E1;1'ate._Specialist..___.. f~ 2 Congress Street, Room 8 Milford, MA 01757 G-'t, . &G. 2 Property Location., Map-Lotid Assessed Value (fy12) 136 Haven Street 16-380, 21-33, 21-34 $1,740,100 Parcels 16-380, 21-33, and 21-34 are on the corner of Sanborn Street and Haven Street. They function as one property largely taken up by the Post Office building and related parking. There are approximately 62 parking spaces plus a loading zone and dumpster space. There is a pedestrian ramp on Sanborn Street leading to a side door and steps leading to the front door from Haven Street. There is also a small lawn on the Haven Street side. The rear lots (21-33 and 21-34) are nearly level while the front lot (16-380) slopes to the southwest towards the driveway entrance on Haven Street. The parcels are in the Business B zoning district and are within two overlay districts: the Downtown Smart Growth District and the Mixed Use Overlay District. The combined lot size is approximately 42,160 square feet. Parcel 16-380 has 186 feet of frontage on Haven Street. There is about 240' of frontage on Sanborn Street. The southerly most part of the building was built in 1913 and is on the National Register of Historic Places. Control United States Postal Service (16-380) and US. General Services Administration (21-33, 21-34) Utilities The building is served by Town water and sewer. Business B plus overlay districts Min. lot size N.A. Max. bldq. ht. 45' Water Main MMIM 0 00 too 200 ~Ft Setbacks Front I Side 7/11/2012 (p e;:"3 LEGAL NOTICE. f TOWN OF READING. NOTICE' OF PUBLIC HEARING . To the. Inhabitants of the Town of Reading: . You are hereby notified that an application for an all • alco- holic liquor license has.been applied for by Reading Pie LLC- i1/b/a Portland Pie Company. The application is. for the premises at 54 Haven Street, Reading, Massachusetts. Under the provisions of Chapter 138, Section 15 of - the Massachusetts General-Laws, a public hearing will be held by the Board of Selectmen con- ceming this application on April 9, 2013 at 9:15 p.m. in the . Selectmen's Meeting- Room, 16 . Lowell -Street, • Reading, Massachusetts. A copy of the proposed doc- ument regarding this topic is. . available in tire Town Manager's office, 16 Lowell Street, Reading,. MA,. M-W- Thurs from 7:30 a.m. --5:30 . p.m.; Tqes from 7:30 a.m. - _ 7b0 p.m. and is attached to the hearing notice on the website at www.readingrha.gov All-interested partios -are invited to attend the hearing; or may submit their comments in writing or by email prior to 6:00 p.m. on April 9,. 2013 -to. town- manager@ci.reading.ma:bs By drder of Peter I. Hechenbleikner Town Manager .3/27 r 3/27/2013 TOWN OF READING ABUTTERS LIST STONEHAM PLANNING BOARD 35 CENTRAL ST STONEHAM MA 02180 WAKEFIELD PLANNING BOARD 1 LAFAYETTE STREET WAKEFIELD MA 01880 LYNNFIELD PLANNING BOARD 55 SUMMER STREET LYNNFIELD MA 01940 MASS DEPT OF HOUSING & COM. DEV. 100 CAMBRIDGE STREET, SUITE 300 BOSTON MA 02114 WILMINGTON PLANNING BOARD 121 GLEN ROAD WILMINGTON MA 01887 NORTH READING PLANNING BOARD 235 NORTH STREET NORTH READING MA 01864 WOBURN PLANNING BOARD 10 COMMON STREET WOBURN MA 01801 METRO AREA PLANNING COUNCIL 60 TEMPLE PLACE BOSTON MA 02111 2460160000002880 2460540000000010 GALLO MATTED TRUSTEE OCEAN VIEW NOMINEE TRUST 376 NORTH ST BOSTON MA 02113 2460160000003050 2460540000000170 KILEY ROBERT! TR 34 GOULD STREET REALTY TRUST 34 GOULD ST READING MA 01867 2460160000003060, 2460540000000180 GREGORIO PHILIP 1 C/O PHILIP J GREGORIO 57 RUSTIC LN READING MA 01867 2460160000003090 246054000000019A PJC REALTY MA, INC. C/O RITE AID P 0 BOX 3165 HARRISBURG PA 17305 2460160000003140 246054000000019F TASKER SUSAN E TRUSTEE HAVEN STREET TRUST 1 HAVEN ST READING MA 01867 2460160000003470 246063000000001& HAVEN ATLANTIC LLC C/O OAK-RIF C/O URBAN SPACES 10 MCTERNAN ST CAMBRIDGE MA 02137 2460160000003480 2460630000000040 TOWN OF READING PARKING LOT 16 LOWELL ST READING MA 01867 2460160000003530 2460630000000100 TOWN OF READING PARKING 16 LOWELL ST READING MA 01867 2460160000003820 2460640000000270 UH LINDEN STREET LLC 21 ANGLEWOOD LN NORTH READING MA 01864 2460160000003830 2460640000000280 UH BRANDE COURT LLC 21 ANGLEWOOD LN NORTH READING MA 01864 2460160000003850 246064000000028C TOWN OF READING PARKING 16 LOWELL ST READING MA 01867 2460160000003870 2460640000000290 COLOMBO ROBERT G ETAL TRS COLOMBO, O'LEARY & COLOMBO R T 70 HAVEN ST READING MA 01867 2460160000003880 2460640000000300 CICCARIELLO PATSY TRUSTEE LINDEN STREET REALTY TRUST 597 MAIN ST UNIT B7 STONEHAM MA 02180 2460160070103520 246063A000000010 COLOMBA FRANK J 2-4 BRANDE CT UNIT A READING MA 01867 2460160070103790 246063A000001010 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070203520 246063A000000020 COLOMBA GIUSEPPE ETAL TRUSTEES COLOMBA-BRANDE COURT NOMINEE TRUST 30 FRANKLIN ST READING MA 01867 2460160070203790 246063A000001020 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070303790 246063A000001030 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070403790 246063A000001040 HALL MARK G TRUSTEE DEPOT REALTY TRUST 286 PARK ST NORTH READING MA 01864 2460160070503790 246063A000002010 ANASTOS, LLC C/O READING ORTHODONTICS P.C. 2 HAVEN STREET READING MA 01867 2460160070603790 246063A000002020 SPYROU LEONIDAS 9 COBBLESTONE LANE SUDBURY MA 01776 2460160070703790 246063A000002030 ZZW REALTY LLC 2 HAVEN ST - UNIT #203 READING MA 01867 2460160070803790 246063A000002040 READING EXECUTIVE PLACE, LLC 2 HAVEN STREET READING MA 01867 2460160070903790 246063A000002050 DARDENO PHILIP ETAL TRUSTEES PRO REALTY TRUST 16 RIDGEWAY RD NORTH READING MA 01864 2460160071003790 246063A000002060 PELLET AND MIME LLC 2 HAVEN ST UNIT 206 READING MA 01867 2460160071103790 246063A000002070 PELLET & MIME LLC 2 HAVEN ST UNIT 206 READING MA 01867 2460160071203790 246063A000002090 SAMPSON STEPHEN 1 2 HAVEN ST STE 208 READING MA 01867 2460160071303790 246063AD00003010 GWT HAVEN REALTY LLC 2 HAVEN ST UNIT 301 READING MA 01867 2460160071403790 246063A000003020 MA YOUSHENG ETAL TRUSTEES ALPHA ONE REALTY TRUST 2 HAVEN ST UNIT 303 READING MA 01867 2460160071503790 246063A000003030 YOUSHENG MA HUIBIN P WANG 2 HAVEN STREET READING MA 01867 2460160071603790 246063AD00003040 LATINA MARK A TRSTEE HAVEN JUNCTION RLTY TR 20 POND MEADOW DR STE 204 READING MA 01867 2460160071703790 246063A000003050 T.B. DONOVAN LLC 42 BOSTON ROCK RD MELROSE MA 02176 2460160071803790 246063A000003060 STEPHEN VIEGAS SUSAN C VIEGAS 2 HAVEN ST #306 READING MA 01867 2460160071903790 246063A000003070 GWT HAVEN REALTY U.C 2 HAVEN ST UNIT 301 READING MA 01867 2460160072003790 246063A000003080 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST READING MA 01867 2460160072103790 246063A000003090 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST READING MA 01867 2460160000003070 246054000000018A CARLSON RICHARD W TR 55 HAVEN STREET REALTY TRUST 60 HARBOR AVE MARBLEHEAD MA 0194S 2460160000003620 246063000000025& GOOD SHEPARD EPISCOPAL CHURCH 97 WOBURN ST READING MA 01867 .T\ r 3/27/2013 FOR READING RD OF SESSORS VMCTOR P. SANTANIELLO, APPRAISER PATRICIA A. SLILLWAN, ASSISTANT APPRAISER TOWN OF READING ABUTTERS LIST READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867 Emergency Only: 911 - All Other Calls: (781) 944-1212 - Fax: (781) 944-2893 Web: www.ci.reading.ma.us/police/ EXECUTIVE SUMMARY New Liquor License-Readine Pie LLC-d/b/a Portland Pie Comnanv April 1, 2013 Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for a New Liquor License for Reading Pie LLC. d/b/a Portland Pie Company which will be located as 54 Haven Street. Officers. directors. stockholders and manager: 1) Manager of License: Charlie Clement 2) Manager/Member: Nathaniel Getchell 3) Manager/Member: Stephen Freese Ownership Interests: 1) "WWD Reading Pie Holdings"49 stock or % owned 2) Portland Pie Company LLC-1 stock or % owned 3) Nathaniel Getchell-22.5 stock or % owned 4) Stephen Freese-22.5 stock or % owned 5) Philip Pelletier-5 stock or % owned I find no reason why the license application should not go forward. Respectfully Submitted, (Zy U.X) /'I/~ j If SglvDetective Mark D. Segall Criminal Division Commander ~Aq V The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass Qdv/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY ❑ For Reconsideration I I I Reading 1 04/09/2013 ABCC License Number City/Town Local Approval Date TRANSACTION TYPE (Please check all relevant transactions): 0 New License New Officer/Director E] Pledge of License ❑ Change Corporate Name Transfer of License Q Change of Location Pledge of Stock Seasonal to Annual Change of Manager Alteration of Licensed Premises Transfer of Stock Change of License Type Cordials/Liqueurs Permit rl issuance of Stock New Stockholder Otherl 1 6-Day to 7-Day License Management/Operating Agreement Wine & Malt to All Alcohol Name of Licensee Reading Pie LLC EIN of Licensee I D/B/A Portland Pie Company Manager Charlie Clement ADDRESS: 1 54 Haven Street CITY/TOWN: Reading STATE IMA I ZIP CODE 01867 (Annual 1 A11 Alcohol I Restaurant Annual or Seasonal Category: "Alcohol- Wine &Mah wine, Type: (Restaurant Club, Package Mah & Cordials) Store, General On Premises, Etc.) Complete Description of Licensed Premises: 5960 sf restaurant space located at 54 Haven Street with 167 interior seats and 20 outdoor.seats. The 167 interior seats are split up into 3 dining room areas combining to offer 106 seats of family-friendly dining and alsoa separate pub dining area that provides 61 total seats of bar height, bistro table dining along with an accompanying bar (13 seat bar included in the 61 seat total). The.20 outdoor seats are situated in front of the restaurant store front, providing seasonal opportunity to dine during the summer months. Application Filed: (Mar 25, 2013 Advertised: Mar 27, 2013 Date & Time Date & Attach Publication " Licensee Contact Person for Transaction (Walter J. Sullivan, Jr./Attorney, Preti Flaherty ADDRESS: I10 Post Office Square I CITY/TOWN: Boston Abutters Notified: Yes 0 No .1 Phone: 1617-226-3882 STATE IMA I ZIP CODE 102109 Remarks: The Local Licensing Authorities By., Alcoholic Beverages Control Commission Ralph sacramone Executive Director ABCC Remarks: The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 1013 MAR 2S N1 12: 03 www.mass.Qov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER + i C) c) IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME ADDRESS CITY/TOWN Reading Pie LLC d/b/a Portland Pie Company 54 Haven Street Reading TRANSACTION TYPE (Please check all relevant transactionsl: ❑ Alteration of Licensed Premises ❑ Change Corporate Name ❑ Change of License Type ❑ Change of Location ❑ Change of Manager STATE IMA • ZIP CODE ❑ Cordials/Liqueurs Permit ❑ Issuance of Stock ❑ Management/Operating Agreement ❑ More than (3) §15 ❑X New License ❑ New Officer/Director ❑ New Stockholder ❑ Pledge of Stock ❑ Pledge of License ❑ Seasonal to Annual 101867 ❑ Transfer of License ❑ Transfer of Stock ❑ Wine & Malt to All Alcohol ❑ 6-Day to 7-Day License ❑ Other Lo THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 ~ ~ (0 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/rown !Reading 1. LICENSEE INFORMATION: A. Legal Name/Entity of Applicant:(Corporation, LLC or individual) Reading Pie LLC B. Business Name (if different) : Portland Pie Company C. Manager of Record: Charlie Clement I D. ABCC License Number (for existing licenses only) : I I E.Address of Licensed Premises 154 Haven Street I City/Town:(Reading I State: IMA I Zip: 101867 F. Business Phone: 207-252-4755 G. Cell Phone: H. Email: + 1. Website: www.portiandpie.com J.Mailing address (If different from E.): S Lincoln Avenue I City/Town. (Scarborough I State: IME I Zip: 104074 I 2. TRANSACTION: Q New License ❑ New Officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: 0 Seasonal to Annual ❑ (6) Day to (7)-Day License ❑ Wine & Malt to All Alcohol IMPORTANT ATTACHMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, includmig the appointment of a Manager of Record or principal representative. 3. TYPE OF LICENSE: §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premises ❑ §12 Tavern (No Sundays) ❑ §15 Package Store 4. LICENSE CATEGORY: ❑ All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials/Liqueurs Permit S. LICENSE CLASS: n Annual ❑ Seasonal ~ 0 READING PIE, LLC d/b/a Portland Pie Company MEMBERS' RESOLUTION Upon a duly made and seconded motion, a majority of the Members of Reading Pie, LLC adopted the following resolution: WHEREAS, the Managers of Reading Pie, LLC has submitted to the Members a proposed application for a an all alcoholic beverage license for retail sale for the premises located at 54 Haven Street, Reading, Massachusetts and naming Charles Clement as Manager of the license. WHEREAS, the Members have reviewed and discussed among themselves the above- described application, IT IS RESOLVED, that the above-described application is hereby approved by the Members and the Manager is hereby authorized to file said application in the name and in behalf of the Corporation with the Reading Licensing Board, seeking application for an all alcoholic beverage license for retail sale for the premises located at 54 Haven Street, Reading, Massachusetts and naming Charlie Clement as Manager. The undersigned, Stephen R. Freese, certifies that I am the duly appointed Manager of Reading Pie, LLC and that the above is a true and correct copy of a resolution duly adopted at a meeting of the Members thereof, on February 26, 2013, and that such resolution is now in full force and effect. IN WITNESS THEREOF, I have axed my name as Manager of Reading Pie, LLC to this resolution. Dated: February 27, 2013 Aanager: Stephen R. Freese ~A~ 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: 'Walter J Sullivan, Jr. / Attorney, Preti Flaherty ADDRESS: 110 Post Office Square CITY/TOWN: Boston STATE: IMA ZIP CODE: +02109 CONTACT PHONE NUMBER: 617-226-3882 FAX NUMBER: 1617-226-3801 EMAIL: IWSullivan@preti.com 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. 5,960sf restaurant space located at 54 Haven Street with 167 interior seats and 20 outdoor seats. The 167 interior seats are split up into 3 dining room areas combining to offer 106 seats of family-friendly dining and also a separate pub dining area that provides 61 total seats of bar height, bistro table table dining along with an accompanying bar (13 seat bar incuded in the 61 seat toal). The 20 outdoor seats are situated in front of the restaurant store front, providing seasonal opportunity to dine during the summer months. Total Square Footage: IS,960sf Number of Entrances: 11 1 Number of Exits: 3 Occupancy Number: 239 1 Seating Capacity: 1187 IMPORTANT ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. 8. OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease LPA IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: (Reading Outdoor Seating App. I,A Landlord is a(n): LLC Other: Name: Oak - RJF 30 Haven LLC Phone: 1617-513-5887 Address: 10 McTernan Street I City/Town: Cambridge I State: MA Zip: 102139 1 Initial Lease Term: Beginning Date 1/30/13 I Ending Date 11/30/23 1 Renewal Term: I5 I Options/Extensions at: +5 1 Years Each Rent: $125,600 Per Year Rent: 1$10,467 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes E] No OX IMPORTANT ATTACHMENTS(4): 1. If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. 2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. / /a nnwro, w,a aw, i0)OV)1) OMIIITn-0lLaLdl e6 11 E I I ( I~ ~ II 1 I J PORTLAND PIE COMPANY 54 HAVEN STREET READING, MA i ; an aa.nw I ' ~RNNAM 1 ow `.,w O1P+A 1P.y vw MMD~ED yen wa SEATING PLAN EATING PLAN A ~ K~" I1.1a 12'-1' I Q ENLARGED OUTDOOR SEATING PLAN 7 O x !GALL W. I'•0' Portland Pie Company 1 130 Haven Street, Reading Massachusetts ► 1Seating Chart Dining area 1 Dining area 2 1 Dining area 3 1 Pub - non bar 1 1 Pub - Bar 1 1 ► 1Outdoor (seasonal) 1 Kitchen 1 Office Men's Room 1 Women's Room 1 1 Employee Bath corridor #1 15ize I Dimensions 301 1 444 sq.ft 118'-4" x 25'-0" 46 1 1 782 sq.ft. 135'-5" x 24'-1" 301 1471 sq.ft 133'-2" x 16'-2" 491 lsee line below 131 11,058 sq.ft 124'-8" x 30'-8" 1681 Subtotal 1 201 1 1 ► 1 13 ppl 11354 sq.ft 143'-5" x 28'-5" 11 ppl 149 sq.ft 16'-0" x 81-2" 31 ppl 1 155 sq.ft 19'-0" x 16'-4" 31 ppl 1166 sq.ft 19'-0" x 18'-6" 1 1 ppl 141 sq.ft 16'-0" x 6'-10" n/a 1 1 473 sq.ft. 15'-0" x varies 1Total area 1 5,960 1 as measured by interior of demising walls 1 f 1Code Maximum occupancy Accessory Kitchen 1100 s.f. Gross 11,624s.f. 1 16 ppl Assembly (Dining & Pub areas) 115 s.f./occ 1 12,973 s.f. 1198 ppl (168 seats provided) 1Assembly (Entry area) 1 15 s.f./occ 1 1341 s.f. 1 22 ppl Bathrooms 1 100 s.f. Gross 1318 s.f. 1 3 ppl Total occupant capacitvl 1 1239 ppl 13 exits provided. 1 ► 1 1 1 Egress width per person with sprinkler system: 1 1 1 Doors, ramps, corridors = 0.15"/person ► 1 1 Exit 1: 118 ppl exiting; 64" provided; 18" required 1 Exit 2: 60 ppl exiting; 32" provided; 9" required Exit 3: 58 ppl exiting; 32" provided; 9" required 1 1 Town of Reading APPLICATION FOR OUTDOOR DINING ON PUBLIC SIDEWALKS Applications need to be submitted at least 30 days prior to the commencement of outdoor seating Outdoor sidewalk seating permitted April 15 - October 31 Licenses must be renewed yearly 1. Business Applicant Business Name & Address R2a d i nq d 1 1 U Business Owner R e ad t aq W-j~' U Business Manager \7c>(,, Ube i 'Roctr,ct ?~,c6v, qn~ 7 Contact information (mailing address, phone number, email address) 5 L n C o 1 A~t vu t C v Oct A- oy-~ e-Jlq joepnei4ma1ly0-0ir4 2. Buildina Owner Contact information (name, mailing address, phone number, email address) oa V- - - L7 14-4 Yey"-- WL-L ;7Gt Lk 10, ~j a 6 S (~'t L0;QAS - rl=> Q 04.. j r1a C~ D t O M Te r yAo'vA n -fie C am,ri M A o a 13 i V 3. Do you possess a current Town of Reading Common Victualers licgnse? YES NO 4. Do you possess a current License for Sale of Alcoholic Beverages? YES NO X If yes, alcohol may be served at the outdoor sidewalk seating. You wi I need to submit a plan/strategy for serving alcohol at sidewalk seating. (turn over to continue application) anti (?i 5. Have you had a license revoked, suspended or been fined by the Town of Reading or the Commonwealth of Massachusetts within the past 12 months? YFS NO If yes, please explain: 6. (a) Current indoor seating capacity 167 (b) Proposed seating capacity for sidewalk seating: P_ C) I'D reL on J~ n ©n S/ IG _ O 7. Days and Hours of operation: Fri' A~ a~U Y_d~ 1) a rv` 1 as have read and understand the Town of Reading Re ula ions for Outdoor Dinin I attest that I ha ad g 9 Licenses utilizing Public Sidewalks and agree to uphold these regulations. -7 I ~ ppli ant V Date v CHECKLIST FOR APPLICATION Signed application form Proof of Business Ownership Copy of Town of Reading issued Common Victualers license If premises are leased, copy of lease or written permission, by building owner 3:- Permit to Operate a Food Service Establishment issued by the Reading Board of Health Professionally drawn plan and all supporting documents containing the information required in order to make a decision as to the license and shall also includq a plan for outdoor lighting if any is proposed If applicant business possesses an Alcohol License - Alcohol control plan including Managers plan regarding; service of alcohol on the licensed premises and the sidewalk area Two photos of location where sidewalk seating will be placed in relation to establishment Non-refundable yearly application fee of $100 payable to Townof Reading CHECKLIST AFTER APPROVAL OF APPLICATION 0 Certificate of Insurance naming Town of Reading as additional insured 0 Final Photograph of approved sidewalk seating Submit applications to: Office of the Town Manager 16 Lowell Street Reading MA 01867 4413 Portland Pie Works! Alcohol Control Plan for Portland Pie Company 54 Haven Street Portland Pie Company is a full service pizza restaurant that offers customers a full complement of pizzas, sandwiches, pastas, salads, appetizers, and desserts along with a full selection of beer, wine, and liquor. Portland Pie Company intends to offer jail food and alcoholic beverage options to its customers who opt to dine outside. Portland Pie Company has always approached the service of alcohol at its establishment with a deep sense of responsibility and accountability, and the service of alcohol that will accompany the outdoor peating experience at 54 Haven Street will be approached in the same manner. There are three primary considerations regarding the service of alcohol in our outdoor seating area: Compliance, Safety, and Security. In regards to compliance considerations, Portland Pie Company will follow all local and state laws as they relate to the servico of alcohol. Portland Pie Company's staff will ensure that any and all alcoholic beverages are server} legally to unimpaired individuals of legal drinking age. Portland Pie Company will ensure that ao beverages are served in a safe manner. To this end Portland Pie Company will not serve alcohol beverages in glassware in the outdoor seating area, and all service staff will take special care to ensure that all product is brought to and cleared from the outdoor seating area with full awareness of the sidewalk's right of way traffic. Portland Pie Company also understands the importance of secµrity as it pertains to the service of alcoholic drinks in the outdoor seating area and will take all necessary measures to ensure that matters of security are addressed. To this end, Portland Pie Company will create separation between the public right-of-ways / spaces and the outdoor searing area. The separation will be partially defined by the large, concrete planters and completely accommodated by a chain or rope line that will encompass the entire service area. In addition, Portland Pie will devote vigilant monitoring of this service area via the attentiveness of the service and management staff along with the installation of a security camera on the exterior of the building. ~41y AZ r inrnin Avenue Scarborouddh. ME 04074 (T) 207.510.1565 (F) 207.75Q.7504 www.portlandpie.com Whether it's Dine In, Delivery or Take Out... ry ° 1 lo, e - n y- ~ . r s a r'.r~ ~k: ty ~f}~<s5^ s tFK P ~ , ~ - a wo S 17,T l 1 Eck r D P 74, -e .er I 9. LICENSE STRUCTURE: The Applicant is a(n): LLC f If the applicant is a Corporation or LLC, complete the following: State of Incorporation/Organization: Maine I Is the Corporation publicly traded? Yes ❑ No 10. INTERESTS IN THIS LICENSE: Other: I Date of Incorporation/Organization: 8/31/2012 List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with a direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS (5): A. All individuals or entities listed below are required to complete a Personal Information Form. B. All shareholders, LLC members or other individuals with any ownership in this license must complete a CORI Release Form. Name All Titles and Positions Specific # of Stock or % Owned Other Beneficial Interest WWD Reading Pie Holdings Member Portland Pie Company LLC Member Nathaniel Getchell Member/Manager Stephen Freese Member/Manager Philip Pelletier Member *If additional space is needed, please use last page. 49 1 22.5 22.5 5 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ No ❑X If yes, list said interest below: Name License Type Licensee Name & Address Please Select Please Select Please Select Please Select Please Select IPiease Select Please Select *If additional space is needed, please use last page. 6AI? Additional Space Please note which question you are using this space for. 10. Interests in this License Nathaniel Getchell Member/Manager of Portland Pie Company, LLC Owns 45% of Portland Pie Company, LLC Stephen Freese Member/Manager of Portland Pie Company, LLC... Owns 45% of Portland Pie Company, LLC Philip Pelletier... Member of Portland Pie Company, LLC Owns 10% of Portland Pie Company, LLC WWD Holdings... Member of WWD Reading Pie Holdings, LLC... Owns 100% of WWD Reading Pie Holdings, LLC William Ryan, Jr.... Manager of WWD Reading Pie Holdings, LLC Owns 0% of WWD Reading Pie Holdings, LLC William Ryan, Jr.... Member/Manager of WWD Holdings, LLC Owns 34% of WWD Holdings, LLC William Ryan, Sr.... Member of WWD Holdings, LLC Owns 34% of WWD Holdings, LLC David Williams... Member of WWD Holdings, LLC Owns 32% of WWD Holdings, LLC Massachusetts Liauor License Application Corporate Interest Diaeram Applicant: Reading Pie, LLC Member's Name Member's Address DOB POB Units WWD Reading Pie 149 Woodlands Drive, N/A N/A Holdings, LLC Falmouth, Maine 04105 49 Member Portland Pie Co, LLC 5 Lincoln Ave. N/A N/A 1 Member Scarborough, ME 04074 Nathaniel S. Getchell 24 Bittersweet Lane ME 22.5 Member/Manager Cumberland Center, ME 04021 Stephen R. Freese 19 Coulthard Farms Rd. ME 22.5 Member/Manager Scarborough, ME 04074 Philip Pelletier 7 Bedros Road CT 5 Member Windham, NH 03087 I Portland Pie Co., LLC Member's Name Member's Address DOB POB Units Nathaniel S. Getchell 24 Bittersweet Lane ME 45 Member/Manager Cumberland Center, ME . 04021 Stephen R. Freese 19 Coulthard Farms Rd. ME 45 Member/Manager Scarborough, ME 04074 Philip Pelletier 7 Bedros Road CT 10 Member Windham, NH 03087 I WWD Reading Pie Holdings, LLC Member's Name Member's Address DOB POB Units WWD Holdings, LLC 149 Woodlands Drive, N/A N/A 100% Member Falmouth, Maine 04105 William Ryan, Jr. 149 Woodlands Drive NY N/A Manager Falmouth, ME 04015 II 4539591.1 WWD Holdings, LLC Member's Name William Ryan, Sr. Member William Ryan, Jr. Member/Manager David Williams Member 4539591.1 Member's Address 321 Wild Orchid Marco Island, FL 34145 149 Woodlands Drive Falmouth, ME 04015 329 Greely Road North Yarmouth, ME 04097 DOB POB Units NY 34% NY 34% PA 32% l~ ZID Massachusetts Liauor License Application Corporate Interest Diaeram W W W Reading Pie Holdings, LLC William Ryan, Jr. William Ryan, Sr. dS7nn76_I Reading Pie, LLC Stephen R. Nathaniel S. Freese Getchell WWD Holdings, David Williams LLC William Ryan, Jr. Philip Pelletier Portland Pie Co., LLC Nathaniel S. Getchell Stephen R. Freese Philip Pelletier ZI The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass. eov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: 8. Business Name (dba) Portland Pie Company A. Legal Name of Licensee Reading Pie LLC D. ABCC License Number C. Address 54 Haven Street (If existing licensee) E. City/TownlReading I State IMA I Zip Code 101867 F. Phone Number of PremiseIN/A I G. EIN of License I 2. PERSONAL INFORMATION: A. Individual Name (Stephen Freese I B. Home Phone Number C. Address 119 Coulthard Farms Road D. City/Town Scarborough I State IME I Zip Code 104074 E. Social Security Number I F. Date of Birth G. Place of Employment I.S+N Enterprises 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No 0 if yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charggs occurred as well as the disnosition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Member/Manager of Reading Pie LLC 22.5% Unit Holder in Reading Pie LLC Member/Manager of Portland Pie LLC, which is a Member of Reading Pie LLC 45% Unit Holder in Portland Pie LLC IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. 'If additional space is needed, please use the last page 1 hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: I r Signature i4 _ Date Title (Member/Manager (If Corporation/LLC Representative) L The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.k-ov/ahcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A. Legal Name of Licensee Reading Pie LLC C. Address 154 Haven Street E. City/TownlReading F. Phone Number of Premise IN/A B. Business Name (dba) Portland Pie Company D. ABCC License Number (If existing licensee) State 1MA 1 Zip Code 101867 G. EIN of License 2. PERSONAL INFORMATION: A. Individual Name (Philip Pelletier C. Address 120 Maplewood Road D. City/Town ,Tewksbury E. Social Security Number G. Place of Employment 1Fieldstone Staffing Services B. Home Phone Number i 1 State 1MA Zip Code 101876 1 F. Date of Birth 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No Q If yes, as part of the application process, the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disoosition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Member of Reading Pie LLC 5% Unit Holder in Reading Pie LLC Member of Portland Pie LLC, which is a Member of Reading Pie LLC 10% Unit Holder in Portland Pie LLC IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. 'If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: n Signature Date .r ~ r C'1vv~ ~ VLV ~ ~ Title 1Member (If Corporation/LLC Representative) ~h The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 UIV www. mass. eov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: 1 B. Business Name (dba) `Portland Pie Company A. Legal Name of Licensee Reading Pie LLC D. ABCC License Number ' C. Address ~54 Haven Street D 1 (If existing licensee) E. City/Town I Reading State IMA Zip Code 101867 F. Phone Number of PremiseIN/A 1 G. EIN of License 2. PERSONAL INFORMATION: A. Individual Name Nathaniel Getchell 1 B. Home Phone Number C. Address 124 Bittersweet Lane 1 D. City/Town 'Cumberland State ME I Zip Code 104021 1 E. Social Security Number F. Date of Birth I r G. Place of Employment IS+N Enterprises 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑ If yes, as part of the application process, the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charees occurred as well as the disposition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Member/Manager of Reading Pie LLC 22.5% Unit Holder in Reading Pie LLC Member/Manager of Portland Pie LLC, which is a Member of Reading Pie LLC 45% Unit Holder in Portland Pie LLC IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Title (Member/Manager Z-24-1) Date a I (If Comoration/LLC Representative) (~hvH AFFIDAVIT OF NATHANIEL S. GETCHELL My name is Nathaniel S. Getchell. I reside at 24 Bittersweet Lane, Cumberland Center, Maine. I make this affidavit regarding the circumstances concerning my arrest that appears on my CORI background check. 1. On March 9, 2008, I was pulled over by Kennebec County Deputy Sheriff Nicolas Oettinger while on my way home from skiing at Sugarloaf Resort. 2. I fully cooperated with Deputy Sheriff Oettinger and performed the field sobriety tests that he requested. 3. I was charged with operating a motor vehicle while under the influence of alcohol. 4. I was not involved in a motor vehicle accident. 5. I plead guilty of operating a motor vehicle while under the influence of alcohol in Waterville District Court. I was found guilty and agreed to enroll in the alternative sentence program, which I completed. 6. Other than this instance, I have never been arrested or charged with a crime. The entire experience taught me a valuable lesson as a motorist and as someone involved in the hospitality industry. 7. I am familiar with all of the requirement and responsibilities associated with having an interest in an all alcoholic beverages license. I firmly believe that the incident described in this affidavit has only served to heighten my awareness around the importance of proper service of alcohol. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY. Dated: March 7, 2013 4915866.1 C-) A `Nathaniel S. Getchell ~p ~14~ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 U1V www. mass. gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: B. Business Name (dba) Portland Pie Company A. Legal Name of Licensee Reading Pie, LLC 0. ABCC License Number C. Address 154 Haven Street (If existing licensee) E. City/TownlReading I State IMA I Zip Code 101867 F. Phone Number of Premise N/A I G. EIN of License ~ 6-1738569 2. PERSONAL INFORMATION: A. Individual Name William Ryan, Sr. C. Address 321 Wild Orchid B. Home Phone Number D. City/Town Marco Island I State +FL Zip Code 34145 E. Social Security Number F. Date of Birth f G. Place of Employment Retired 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x if yes, as part of the application process, the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charees occurred as well as the disnosition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Member of WWD Holdings, LLC 34% Unit Holder of WWD Holdings, LLC IMPORTANT ATTACHMENTS (8): For ail cash contributions, attach last (3) months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: ~j Signature /VVIi1~~J f Sp Date 710 it Title v (If Corporation/LLC Representative) 'l~lD The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street 161 Boston, MA 02114 www. mass. Qov/ahcc Won PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: A. Legal Name of Licensee Reading Pie, LLC B. Business Name (dba) Portland Pie Company C. Address 54 Haven Street I D. ABCC License Number I (If existing licensee) E. City/Town Reading State MA I Zip Code 101867 F. Phone Number of Premise IN/A G. EIN of License 2. PERSONAL INFORMATION: i A. Individual Name William Ryan, Jr. B. Home Phone Number C. Address 149 Woodlands Drive D. City/Town Falmouth State ME I Zip Code 104105 E. Social Security Number F. Date of Birth G. Place of Employment (Maine Basketball, LLC 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑ If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must Include the city and state where the charees occurred as well as the disposition of the convictions, 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Manager of WWD Reading Pie Holdings, LLC 0% Unit Holder of WWD Reading Pie Holdings, LLC Member/Manager of WWD Holdings, LLC 34% Unit Holder of WWD Holdings, LLC IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information l have provided in this application is true and accurate: Signature VL--~ Title I Date I (If Corporation/LLC Representative) 13 I ~ ~-~1L~ I Cvh~'~ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mas& v ov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: B. Business Name (dba) Portland Pie Company A. Legal Name of Licensee Reading Pie, LLC D. ABCC License Number C. Address 54 Haven Street (If existing licensee) E. City/TownlReading State IMA I Zip Code 101867 F. Phone Number of Premise IN/A ( G. EIN of License r 2. PERSONAL INFORMATION: A. Individual Name David Williams C. Address 1329 Greely Road D. City/Town North Yarmouth E. Social Security Number r G. Place of Employment !WWD Holdings, LLC 3. BACKGROUND INFORMATION: I B. Home Phone Number I State IME I Zip Code 104097 F. Date of Birth Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x if yes, as part of the application process, the Individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charees occurred as well as the disoosition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. Member of WWD Holdings, LLC 32% Unit Holder of WWD Holdings, LLC IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page 1 hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date I V-/V~ Title (If Corporation/LLC Representative) / _ h W 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes ❑ No ❑X If yes, list said interest below: Name Licensee Name & Address Date Reason Terminated IC!, 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and/or §12 ever been suspended, revoked or cancelled? Yes ❑ No ❑X If yes, list said interest below: Date License Reason of Suspension, Revocation or Cancellation 14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A (§15) PACKAGE STORE LICENSE ONLY : A.) For Individual(s): 1. Are you a U.S. Citizen? Yes ❑ No ❑ 2. Are you a Massachusetts Residents? Yes ❑ No ❑ B.) For Corporation(s) and LLC(s) 1. Are all Directors/LLC Managers U.S. Citizens? Yes ❑ No ❑ 2. Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ 3. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): ❑ 1.. Are all Shareholders, Members, Directors, LLC Managers and officers involved at least twenty-one (21) years old? Yes No E] 15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR (§12) RESTAURANT, HOTEL, CLUB, GENERAL ON PREMISE, TAVERN, VETERANS CLUB LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? Yes ❑ No ❑ B.) For Corporation(s) and LLC(s) : 1. Are a majority of Directors/LLC Managers NOT U.S. Citizen(s)? Yes ❑ No ❑ 2. Is the License Manager or Principal Representative a U.S. Citizen? Yes 0 No ❑ C.) Shareholder(s), Member(s), Director(s) and Officer(s): ❑X ❑ 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one (21) years old? Yes No I t 2 .1 16. COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: B. Purchase Price for Business Assets: C. Costs of Renovations/Construction: $450,000 D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G: TOTAL COST H. TOTAL CASH 1. TOTAL AMOUNT FINANCED $350,000 $800,000 $400,000 $400,000 IMPORTANT ATTACHMENTS (6): Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash must include a minimum of three (3) months of bank statements. The amounts listed in subsections (H) and (1) must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): Attached are documents that represent the Z forms of funding. First, there are 5 months in total of deposit account statements bearing the name of Bill Ryan and WWD Holdings and reflecting $400,0001n cash to fund the project. Second, there is a commitment letter detailing the loan of $400,000 that will be financed by Katahdin Trust Company. *If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(i) WILL DERIVE: A. Name Katahdin Trust Company $400,000 -it aoaitionai space is neegea, please use last page. Dollar Amount Type of Financing Loan B. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s) granted under Chapter 138? Yes No RXX If yes, please describe: 1AP j Bank America's Most Convenient Bank® WILLIAM J RYAN OR MARGUERITE M RYAN 321 WILD ORCHID LN MARCO ISLAND FL 34145 Summary of Accounts DEPOSIT ACCOUNTS Private Tiered Checking Standard Savings Total Deposit Accounts E STATEMENT OF ACCOUNT Page: 1 of 11 Statement Period: Nov 19 2012-Dec 18 2012 Cust Ref Primary Account ACCOUNT NUMBER BALANCE 518,241.65 45.72 518,287.37 U~ 31 131 Bank America's Most Convenient Bank* WILLIAM J RYAN OR MARGUERITE M RYAN 321 WILD ORCHID LN MARCO ISLAND FL 34145 Summary of Accounts DEPOSIT ACCOUNTS Private Tiered Checking Standard Savings Total Deposit Accounts E STATEMENT OF ACCOUNT Page: 1 of 8 Statement Period: Dec 19 2012-Jan 18 2013 Cust Ref Primary Account # ACCOUNT NUMBER BALANCE 434,578.31 45.72 434,624.03 60-z" Im Bank America's Most Convenient Bank• WILLIAM J RYAN OR MARGUERITE M RYAN 321 WILD ORCHID LN MARCO ISLAND FL 34145 Summary of Accounts DEPOSIT ACCOUNTS Private Tiered Checking Standard Savings E STATEMENT OF ACCOUNT Page: 1 of 5 Statement Period: Jan 19 2013-Feb 18 2013 Cust Ref Primary Account # ACCOUNT NUMBER BALANCE 462,075.87 45.73 Total Deposit Accounts 462,121.60 0,33 © Bank America's Most Convenient Bank* WWD HOLDINGS LLC PO BOX 208 OXFORD ME 04270-0208 Business Cone Checking W WD HOLDINGS LLC T STATEMENT OF ACCOUNT Page: Statement Period: Cust Ref Primary Account 1 of 3 Jan 01 2013-Jan 31 2013 Account GET A TD BUSINESS CREDIT CARD. WE'VE GOT THE RIGHT CREDIT CARD FOR YOUR BUSINESS. TAKE YOUR PICK OF EARNING REWARDS OR START SAVING - AND NO ANNUAL FEE! TO LEARN ABOUT OUR INTRODUCTORY OFFERS FOR NEW CARDMEMBERS, STOP BY YOUR LOCAL TD BANK, CALL 1-888-561-0608 OR VISIT WWW.TDBANK.COWBUSINESSCREDITCARDS. ACCOUNT SUMMARY Beginning Balance 6,901.90 Average Collected Balance 18,941.41 Deposits 403,725.00 Annual Percentage Yield Earned 0.00% Electronic Deposits 22,000.00 Days in Period 31 Checks Paid 25,000.00 Ending Balance 407,626.90 L,0 ~ Im Bank Americas Most Convenient Bank* WWD HOLDINGS LLC PO BOX-208 OXFORD ME 04270-0208 Business Core Checking W WD HOLDINGS LLC ACCOUNT SUMMARY Beginning Balance 407,626.90 Electronic Deposits 19,051.00 Checks Paid 25,751.00 Ending Balance 400,926.90 nAu V ACCni HUT ACT1%/JTV T STATEMENT OF ACCOUNT Page: 1 of 2 Statement Period: Feb 01 2n11-FPh 9R ?d13 Cust Ref * Primary Account # Account Average Collected Balance 401,291.18 Annual Percentage Yield Earned 0.00% Days in Period 28 t,h3S atahdin Trust Company Community Banking at its Best! January 30, 2013 Reading Pie LLC 5 Lincoln Ave Scarborough, ME 04074 RE: Term Loan Commitment Dear Nat and Steve: We have approved your request, and this letter, when accepted and properly signed, will constitute an agreement between Katahdin Trust Company (Bank), which agrees to lend, and Reading Pie, LLC (Borrower), which agrees to borrow in accordance with the following terms and conditions: Borrower: Reading Pie, LLC Amount: $400,000.00 Term: 60 months Rate: A fixed Interest Rate of four and one half percent (4.50%) per annum. Revavment: The Bank will accept repayment as follows: 60 Installments including principal and interest in the approximate amount of $7,465.00 will be payable monthly, beginning one (1) month from the date of the Note. Purpose of Loan and Use of Funds: It is anticipated that the proceeds from this loan will be used to partially finance the build out of a Portland Pie restaurant location in Reading, Massachusets. Fees: Borrower will pay to Bank a nonrefundable documentation fee of $750.00; which is to be paid at loan closing. 15 Pleasant Hill Road • PO Box 1689 • Scarborough, ME 04074 • Telephone (207) 510-7017 (866) 441-5197 • Fax (207) 883-1205 t'k3~ Late Charge: The loan documents will contain a provision that a charge of six (6%) percent of the payment amount will be charged if said payment becomes ten (10) days late. Default Interest Rate: If any amounts due under this Note are not paid within ten (10) days of when due (whether at stated maturity, acceleration or otherwise) or if any Event of Default under the Loan Documents is not cured within any applicable cure period, then the outstanding balance on this Note shall thereafter bear interest at a rate per annum equal to six (6°/d) percent above the otherwise applicable interest rate on this Note. Prepayment Privilege: Prepayment is allowed at any time without penalty. However, the Bank is not obligated to disburse additional loan proceeds after receiving loan principal payments in advance of the repayment schedule. Early payments will not advance your payment schedule; rather, early payments will reduce the principal balance due. If borrower prefers to have early payments advance the payment schedule, please initial here indicating your request. Collateral: A security interest in the Borrower's accounts, inventory, equipment, furniture, and general intangibles; now owned, contemporaneously acquired herewith, and hereafter acquired, wherever located, used or to be used in the debtor's business. Security agreements dated September 20, 2007, May 9, 2008, December 9, 2008 and September 11, 2009 listing all business assets; owned and granted by Portland Pie Co., LLC. A security agreement dated November 18, 2010 listing a purchase money security interest in 2 PS670 Middleby Marshall Gas Conveyor Ovens; owned and granted by Portland Pie Co., LLC. Security agreements dated December 9, 2008 and September 11, 2009 listing all business assets; owned and granted by It'llbe, LLC. A security agreement dated December 9, 2010 listing a purchase money security interest in a Bally walk-in freezer with 2 -15 H.P. condensing units with matching coils and a Bally freezer door 8' x 8' manual slide and all attachments; owned and granted by It'llbe, LLC. 2 X1,3? Guarantees: Unlimited personal guarantee of Stephen Freese. Unlimited personal guarantee of Nathaniel Getchell. Unlimited corporate guarantee of Portland Pie Co., LLC. Unlimited corporate guarantee of It'llBe, LLC. Financial Statement Requirements: Borrower shall furnish Bank Annually with tax returns as signed and filed within 10 days of the date of filing, including any extensions, and compiled financial statements within 90 days after the close of each fiscal year, prepared by an independent certified public accountant satisfactory to the Bank. Borrower will provide financial information, as the Bank deems necessary. Borrower will maintain its books and records, relating to its financial affairs, in accordance with generally accepted accounting principals. Guarantor(s) to provide Bank with annual financial statements and tax returns prepared in accordance with generally accepted accounting principles. Insurance Requirements: In addition to the insurance requirements of all loan documents, Borrower shall maintain hazard, liability and flood insurance coverage (if applicable) in full force, and in such amounts and for such coverage's as shall be satisfactory to Bank, and name Bank as loss payee, mortgagee or beneficiary unless stated otherwise. Insurance policy must contain a ten (10) day notice of cancellation clause designating the Bank to be notified in the event of cancellation. Conditions: 1. Borrower will pay all out-of-pocket costs and expenses incurred by the Bank in connection with the proposed loan and financing arrangement. This will include, but will not be limited to, attorneys' fees, lien search fees, filing fees, environmental audit fees, and appraisal costs. These fees will be paid by the Borrower whether or not the transaction contemplated herein is closed. 2. Borrower shall execute such further documents to secure the loan transaction contemplated hereunder as counsel for Bank shall determine necessary or advisable in the interest of the Bank. 3. A default in any outstanding loan by Borrower to Bank or to any institution whose priority is superior to Bank will be considered as a default in all loans. 4. Any business conducted by Borrower shall have all licenses, permits and approvals to operate, including appropriate environmental approvals. 5. All collateral shall be kept in good repair, and all taxes and assessments thereon shall be paid when due. 3 6. Borrower shall not cause or permit to exist any environmental problems from its business activities and shall, at all times, maintain compliance with all applicable federal, state, and local environmental and land use laws and regulations, including, but not limited to, those provisions relating to fuel and chemical storage tanks. 7. Borrower shall promptly notify Bank of any change in environmental status from that previously supplied to Bank. Further, Borrower shall promptly notify Bank of the commencement of state, federal, or private environmental or land use investigation or enforcement proceeding or threat thereof. 8. Borrower and Guarantor(s) agree to indemnify and hold Bank harmless from all liability or loss arising out of violations of all applicable environmental laws or regulations except insofar as the violation was direct and intentional result of independent action taken by Bank. 9. No loan commitment given by Bank to Borrower shall be assignable by Borrower. 10. Any additions, deletions, substitutions, or other changes in this Agreement must be documented in writing to become effective. 11. Borrower or shareholder owning 20% or more of stock will not sell, transfer, or redeem any of its outstanding shares of corporate stock without prior written permission from Bank. 12. No liens, attachment or other encumbrances whether or not superior to the lien of Bank shall be placed or arise on the collateral other than those prior approved by the Bank. 13. Borrower must certify to Bank prior to closing, status of any actions, suits, proceedings, or investigations, now pending or to the knowledge of Borrower threatened against or affecting Borrower-and/or Guarantor(s). 14. Evidence of capital injection from passive minority partner in place prior to bank disbursement. 15. Borrower agrees to maintain a minimum 1:1 debt service coverage ratio for the duration of this loan. Said ratio to be calculated annually based upon Borrower's year-end financial statements. 16. Bank will require landlord acknowledgement and consent to bank security interest in business assets located at the subject Reading, MA location. Jurv Waiver: Damages Limitation The borrower and the secured party (by acceptance of this commitment) mutually hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect of any claim based hereon, arising out of, under or in connection with this commitment or any other financing documents contemplated to be executed in connection herewith or any course of conduct, course of dealings, statements (whether verbal or written) or actions of any party, including without limitation, any course of conduct, course of dealings, statements or actions of the secured party relating to the administration of the loan or enforcement of the financing documents, and agree that neither party will seek to consolidate any such action with any other action in which a jury trial cannot be or has not been waived. Except as prohibited by law, the borrower hereby waives any right it may have to claim or recover in any litigation any special, exemplary, punitive or ~1 4 6 consequential damages or any damages other than, or in addition to, actual damages. The borrower certifies that no representative, agent or attorney of the secured party has represented, expressly or otherwise, that the secured party would not, in the event of litigation, seek to enforce the foregoing waiver. This waiver constitutes a material inducement for the secured parry to accept this commitment and make the loan evidenced by the financing documents. NOTICE: Under Maine law, no promise, contract or agreement to lend money, extend credit, forbear from collection of a debt or make any other accommodation for the repayment of a debt for more than $250,000 may be enforced in court against Lender unless the promise, contract or agreement is in writing and signed by Lender. Accordingly, Borrower cannot enforce any oral promise unless it is contained in a loan document signed by Lender, nor can any change, forbearance, or other accommodation relating to this loan or any loan document be enforced, unless it is in writing and signed by Lender. The rate and term of this commitment (and all existing commitments) are in express reliance on your maintenance of a comprehensive deposit relationship with Katahdin Trust Company and on your continuing compliance with the terms and conditions of this commitment and loan documents. If, for any reason, this relationship changes, Katahdin Trust Company specifically reserves the right to review and modify the rate and term. The commitment was approved on the basis of information and financial data furnished by the Borrower and Guarantor(s) and is extended subject to and conditioned on there being no material adverse change in the financial condition of the Borrower or Guarantor(s), and no substantive change in governmental regulations or monetary policy. In the event of such material adverse change, in the opinion of the Bank, the right is reserved to terminate the commitment or line of credit. To the extent that the terms and conditions as stated herein are not incorporated into the loan documents, this letter will survive the loan closing and still govern our relationship while the loan detailed herein, together with interest and fees, remains outstanding. If the terms and conditions as herein stated are satisfactory to you, please sign this letter signifying your acceptance and return the signed and accepted copy by March 15, 2013, as your authorization for us to proceed with the preparation of the necessary loan documentation. We will anticipate a closing on or before March 29, 2013. Unless otherwise extended, this commitment will expire at either of the above two dates, if not promptly acted upon. We sincerely thank you for the opportunity to service your financial needs. If there are any questions or comments, please do not hesitate to contact us. LPkq o Very truly, Aaron Cannan Vice President Accepted: Borrower: Reading Pie, LLC BY: 31-2-1113 Its' Date Guarantor/ r tor: and Pie Co., LLC BY: 3 12- it,(- Date , LC Guarantor/4antor: HIM B 1 3 /2i )/3 Y• Its: Date Guarantors• 'Nath 'el Getchell Date J~A--A~A 312-111-3 Steph n Freese Date 6 'P nq - 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? Yes pX No 1. If yes, to whom: I 2. Amount of Loan: 13. Interest Rate: 14. Length of Note: S. Terms of Loan : B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? [:]Yes ❑ No 1. If yes, to whom: I 2. Number of Shares: I C. ) Is the applicant pledging the inventory? E] Yes pX No If yes, to whom: IMPORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation/LLC approving the pledge. 20. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way? if YES, please provide a description of the work being performed on the premises: QX Yes No 54 Haven Street is part of a smart growth, new construction project in downtown Reading. Portland Pie Company will build out the complete restaurant from the state of the current space, which is an unfinished vanilla box. This project requires the installation of all electrical, plumbing, mechanical, and general construction infrastructure and elements. The second phase calls for all specialties to be installed and included in the restaurant project. The third phase involves generating all of the finishes from flooring to paint to ligthing fixtures, etc. The last phase involves populating the restaurant with all of the furniture, equipment, and supplies along with setting up the temporary, seasonal, modular outdoor seating area. This process is projected to take 90 days with a projected opening of June 2013. Attached is an 8.5' x 11" floor plan that shows the proposed end detail of the impending construction project. 21. ANTICIPATED OPENING DATE:[lune 2013 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED ~h`'~ o- e-~ ny\ 17 e- i e ~ II 111 R- E 4 c o~ s rS W ~I Iwo I I D 0 n ENLARGED OUTDOOR SEATING PLAN r UiAPL I I L DESIGN a raR t>wm 101TME~lNd[MiCt 1WtlL]At bN11R1[-0tllliVLlM N0. PORTLAND PIE COMPANY 54 HAVEN STREET READING, MA i ene,iy ieeow ie.~eu STRC i I l~eegw,ac~ STEEL I t G11 p!!#IW I W161 S ~ t7tOD13 Ia wr« 6lrmeo SEATING PLAN A EATING PLAN x~ 1.1a lU SIGN r fl~ °a o Ego 1 _ a~ o I °'~--r- r~ n t- 1 41'~~p1101 I f. PIE CpMPAN`~ y~~gp~NG, MA L r»~ 1 cl~ ur yK ~nle~ls ma ao c w ^°c ~~ntcao mma KaY4~ M f4Wp01 APPLICANT'S STATEMENT 1,~steve Freese I theflsole proprietor;❑ partner; ❑ corporate principal; 0 LLC/LLP member oflReading Pie, LLC I , hereby submit this application for (Reading Pie, LLC d/b/a Portland Pie CJ (hereinafter the "Application"), to the local licensing authority (the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. A Signature: I11 Date: 2/14/2013 Title: Member/Manager ,~q~ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.eov/abcc MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. LICENSEE INFORMATION: Legal Name of Licensee: (Reading Pie, LLC Address: 154 Haven Street City/Town: (Reading I Business Name (dba): Portland Pie Company 1 State: IMA I Zip Code: 101867 ABCC License Number: I Phone Number of Premise: IN/A (If existing licensee) 2. MANAGER INFORMATION: A. Name: Charles Clement B. Cell Phone Number: C. List the number of hours per week you will spend on the licensed premises: ~ 0 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes QX NO n B. Date of Naturalization: M I C. Court of Naturalization: (Submit proof of citizenship and/or naturalization such as US Passport, Voter's Certificate, Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes E] No Q If yes, please describe: I B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes E] No 0 If yes, please describe: I I C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes F~ No ❑ if yes, please describe: I D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): Please See Attached Sheet I hereby swear under the in penalt!)s of p ju tovf / fe++a bane provided in this application Is true and accurate: Signature Date Z//tl(3 Additional Space Please note which question you are using this space for. Manager Application Section 4C 2011-2013, General Manager, Portland Pie Company, Nashua, NH, 5 Lincoln Avenue, Scarborough, Maine, 04074,207-730-7301 2009 - 2011, General Manager, Friendly's Ice Cream Corporation, Amesbury/Salem, NH/Wareham/Methuen,1855 Boston Road, Wilbraham, MA, 01095,800-966-9970 2009, Sales Service Rep., Enterprise Rent-A-Car, Nashua, NH, 600 Corporate Park Drive, St. Louis, MO, 63105 2007-2009, General Manager, Qdoba Mexican Grill, Peabody, MA, 4865 Ward Road, Suite 500, Wheat Ridge, CO, 80033,720-898-2300 2004-2007, Assistant General Manager, Uno Chicago Grill, Burlington/Methuen/Nashua, NH, 100 Charlies Park Road, Boston, MA, 02132,617-323-9200 a 0 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass. Qov/ahcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION: B. Business Name (dba) (Portland Pie Company A. Legal Name of Licensee Reading Pie LLC D. ABCC License Number C. Address 154 Haven Street (If existing licensee) E. City/TownlReading I State 1MA I Zip Code 101867 F. Phone Number of Premise IN/A 1 G. EIN of License 1 2. PERSONAL INFORMATION: A. Individual Name (Charles Clement I B. Home Phone Number C. Address 14 Brook Street 1 D. City/Town (Methuen State 1MA 1 Zip Code 101844 1 E. Social Security Number I_ F. Date of Birth G. Place of Employment Portland Pie Company I 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charees occurred as well as the disonsitinn of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this cash. "If additional space is needed, please use the last page l hereby swear under the pains and penalties of perjury that the information l have provided in this application is true and accurate: Signature Date //,3 I Title I I (If Corporation/LLC Representative) h1q "l 3546997 Fite No 20130665DC Pages 3 Fee Paid $175 MAINE DCN 2122492700011 DLLC LIl RTED LIABILITY COMPANY i -----FILED 08/31/2012 STATE OF MAINE CERTIFICATE OF FORMATION se«e~~~ A Trap Copp When Attested By Sigastaia r IkPW6v Saaetary lap Pursuant to 31 MRSA § 1531, the undrabtgn d coc'cutes and delncn the following Cetttrmate of I'ormahon FIRST: Me name of the hhntted habihty company is Reading Pie, LLC IA tumW hatuhty oowp=y tmmo must omtam tiee reads -dm W le*4* aaagum, or "hmaed ooaWW or rho abbm .WM 'LLC," "LLC; "LC"a•LC"a indteeaseufahtay~uGtLrmtedlmb~htywogi®y,"LtC a Ltcc"-sx31DIRSAlSO8t SECOND: 1'tltitg Datt, theicet nnc) [9/ww ofthis tilmg, or 0 Lutes effective date tapeectGed hoe) THIRD: DebViatton as a low profit LLC {Check only tf applicable)' Club M a low-profit limited ltahil company puts ant to 31 MRSA X1611 mexting all qualtltwuont .et forth here. A the company intends to gvaldy as a low-profit limited liability ecmpany, 8 11x: conWuy roust at all times stgtuGcantly further the accomplishment of one a moic of the charitable or educational purposes vndun the tacaning of Section 170(c1(2)(% of the Internal Revenue (.uik of 1986. as it may be ament6l, icvhsed of htWCmkd, and MUbt ltxt the spectfic charitable or educational purposes the companywill Iutthet. C No signtttcaut pttrpobe of thin: company is the production of income ca the appreciation or piope W The fact that a person produces significant income or t aphtal appreciation is not, to the XWence of other factors. conclusive evidence of a ugntficant purpose imnitvutg the production of income or the appreciation of property. and D_ No ptapose of the company is to accomplish one or more political or icgrclauvc purW,.e within the meaning of secuon 17tXeX21tl)) oftho Inteinal Revenue Code, of 1986, ur iti succebtot FOURTH: Deshgnatuw as a protatiaonat f I C t(.'heck only tfapplicabte): Q Tbts is a pmfessionat linuted liability company formed pursuant to 131ARSA Chapter 22-A to provide the following proftmional saxsices (1)?e of ProfC%,%4A semim) romi No. MLLC-6 0 of-1) 60 N FfFI ft: The Regibleted Agent is a (select either a Cuimuerctal arNonc ommerctal Registered Agent) Q Commeteial Regiitexed A#%., nt ( RA Public Number (NAme of comtnemial teVAcied agent) n✓ Ntuiconmieicial Regtstmed Agent Timothy 1. Bryant (Name of unuconinierccal iegt.Icicd agent) One City Center, Portland, ME 04101 (physical lcwation not P U Box - Wwt. cdy. %tate and 2tp axle:) P.O Box 9546. Portland, ME 04112-9546 it mlmg address if different from above) SMUL. Ptmuaat to 5 MRSA § 105 2, the regiacred agent Wed above has consented to *esvve as registered agent for this limned liability cia"way SEVENTH: Other mattes the members de wnune to include aa; set &nth to the utWhed Fxhibit A , una madc a part i=c(if "Authorized pmoa(s) Dxted August 27, 2012 tstgiwwef t Lauren Wilson-McNerney +4VWT 2,ed P~,LStan ft% a punt tW WW caps,,tyt 1 Stiigtt4tatei Typo at piua adwc and oapaaty) •Examples of pic&%ionaf semoc lumW habthty eoinpa c% ate acwtuatanta, attomey%. chtroprac mi; dexin U, lepsWred turns and wwrin.utws (This is not an tnchu&i%,e: hat- see 13 MR.SA §723 7) •+Puisuant to 31 N RSA § 16761 A. Certificate of Puimatxm MUST be signed by at lean trite authonzai peivnn The execution nt this cattficate %maitute s an nab or afl-immuoa under the penalties of false swearing under 17-A MOSA §453 Please remit, your paymcat made payable; u, the Maine; SmMmy of State b'ubnut c onipleted four to- Secretary of State DWI-4on of Corporation., UCC and Commimiom 101 State House Station Augusta, ME 013334101 Telephoue Inquaies• (207) 624-7752 Fanml Inqunies CFC Cc+ipotationWrn~faina.got FmmNo Mif.t'-6 (2 of 2) 7112011 b tisa Exhibit A to Reading Pie, LLC Certificate of Formation Statement of Authority Pursuant to 31 M.R.SA §1542.1, except as may be limited in the Operating Agreement in effect from time to time for Reading Pie, LLC (the "Company"), any Manager of the Company, each acting singly, has the authority to enter into transactions on behalf of the Company or otherwise act for or bind the Company. 3427306 1 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 elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, April 22, 2013, 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 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; Two members of the Municipal Light Board for three years; One member of the Municipal Light Board for two years; Two members of the School Committee for three years; and 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; Precinct 3 Eight members for three years; Precinct 4 Eight members for three years; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; Precinct 7 Eight members for three years; Precinct 8 Eight members for three years; To vote on the following questions: Question 1: Shall the Town of Reading be allowed to exempt from the provisions of proposition two and one- half, so called, the amounts required to pay for the bonds issued in order to renovate and expand the Reading Public Library? Yes No and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY-SECOND DAY OF APRIL A.D., 2013 2 ~9 i 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. 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 Background: This article appears on the Warrant for all Town Meetings. At this Annual Town Meeting, the following report(s) are anticipated: ➢ State of the Town (Board of Selectmen) Finance Committee Report: No report. Bvlaw Committee Report: No report. 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 Backaround: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be "warned" as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bvlaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend the FY 2013 - FY 2022 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 Backaround: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal 3 ~~v Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long-term CIP are adequately described. The following changes are proposed to the 2013-2022 CIP: General Fund FYI 3: -$200.000 ♦ -$250,000 Schools: School Space Needs ♦ + $50,000 Town Facilities - radio equipment repairs FYI 4: -$30,000 ♦ -$15,000 GIS flyover ♦ -$45,000 Road repairs ♦ +$30,000 Pedestrian safety/sidewalks FYI 5: +$80.000 ♦ $80,000 Town Hall bathroom repairs inadvertently not listed in Jan '13 CIP FYI 6 to FY23: ♦ No changes made Water Enterprise Fund FYI 4: -$49.500 ♦ +$550,000 for initial phase of large-scale water main repair & replacement project (shown as debt expense) ♦ -$350,000 H St. loop - project moved into large-scale project ♦ -$276,000 Causeway Rd. loop - project moved into large-scale project ♦ +$50,000 general water main lining program ♦ -$23,500 Previous MWRA debt project for Haverhill/Howard reduced - now shown as $185k/yr for this project plus $20k/yr debt that will be allocated to large water main projects FY15:-$15.000 ♦ +$545,000 for initial phase of large-scale water main repair & replacement project (shown as debt expense) ♦ +$130,000 added to booster station SCADA project ♦ -$220,000 Bear Hill tank maintenance ♦ -$200,000 wells upgrade project ♦ -$150,000 general water main lining program (amount lowered from $200k to $50k) ♦ -$120,000 Larch Lane project moved to FY16 FY16 to FY23: ♦ Various projects rearranged by priorities; projected costs updated; many water main repairs folded into large-scale debt-financed project 4 t J Sewer Enterprise Fund FYI 4: -$282,000 ♦ +$350,000 Lewis St., Howard St., and Charles St. projects replaces $75,000 Lewis St. project originally listed in FY12. Note whole project is $450k - balance to be funded by MWRA grant/loan program shown as debt; ♦ -$300,000 West St. sewer station project moved out to FY15; ♦ -$270,000 Joseph's Way sewer station project moved out to FY17; ♦ -$37,000 pickup truck replacement moved to FY17; ♦ -$25,000 reduce amount of general sewer main projects from $75,000 to $50,000. FYI 5: -$200,000 ♦ +$300,000 West St. sewer station project moved out to FY15; ♦ +$120,000 truck replacement moved up from FY17; ♦ -$100,000 reduce amount of general sewer main projects from $150,000 to $50,000. ♦ -$520,000 Batchelder sewer station moved out to FY16 FYI 6 to FY23: ♦ Various projects rearranged by priorities and projected costs updated. Storm Water Enterprise Fund FYI 4: $0 ♦ Reduce MS4 permit consulting & lab testing from $50,000 to $25,000 ♦ Increase Drainage improvement projects from $140,000 to $165,000 FYI 5 to FY22: ♦ Saugus and Aberjona river projects moved out two years ♦ Design work now FY17 and FY18; project debt now begins in FY20 ♦ Drainage improvement project funding adjusted to result in generally level capital requests for the next several years Finance Committee Retort: The Finance Committee recommends the proposed amendments to the FY 2013-2022 Capital Improvements Program by a vote of 8-0-1 at their meeting on March 13, 2013. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bvlaw Committee Resort: No report. ARTICLE 5 To see if the Town will vote to transfer funds into the Sick Leave Stabilization Fund, or take any other action with respect thereto. Board of Selectmen Backaround: This Stabilization Fund is set up to fund sick leave buyback for certain employees when they leave the employ of the Town, usually through retirement. Since wage line items in many Town departments are relatively small and budgets are built about 18 months in advance, even a typical six-month retirement notice is not sufficient to be able to fund this liability ahead of time. 5 A transfer of $65,000 from Free Cash to the Stabilization Fund is needed in order to cover the funding requests in Article 6. Finance Committee Report: The Finance Committee recommends the subject matter of Article 5 by a vote of 9-0-0 at their meeting on March 13, 2013. The Finance Committee plans to hold a review this summer to determine the most appropriate funding mechanism for this liability for the future. Bvlaw Committee Report: No report. ARTICLE 6 To see if the Town will vote to amend one or more of the votes taken under Article 13 of the Warrant of the Annual Town Meeting of April 23, 2012 as amended under Article 4 of the Warrant of the Subsequent Town Meeting of November 13, 2012 and under Article 4 of the January 28, 2013 Special Town Meeting; 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. Board of Selectmen Background: The following budget amendments are proposed for the FY13 budget: General Fund - Waaes and Exoenses Account Line Description Decrease Increase B99 - Benefits C99 - Capital D99 - Debt Service 191 - Finance wages 192 - Finance expenses K91 - Community Services wages M91 - DPW wages Health Insurance premiums - $380,000 OPEB contribution +$380,000 Schools: school space needs - $250,000 Town Facilities: Main Street Fire station radio equipment repairs (paid by insurance claim) +$49,334.98* Killam & Birch Meadow Green Repair projects Two special elections (state may reimburse in FY13 or FY14) Two special elections (state may reimburse in FY13 or FY14) Sick leave buy-back / vacation, due to retirement Sick leave buy-back / vacation, due to retirements (2) Highway - sidewalk repairs $6,000 Highway - street signs $5,000 $0 $200,665.02 $30,000 $30,000 $ 6,000 $10,313** $38,129** $11,000 1 $250,000 $ 25,000 M92 - DPW expenses M93 - Snow & Ice M94 - DPW Street Lights M95 - DPW Rubbish N91 - Public Safety wages N92 - Public Safety expenses Collection & solid waste disposal 1 $100,000 Fire sick leave buy-back / vacation, due to- $125,089 retirement $15,089** Fire OT $110,000 Police Academy tuitions - reimbursed by $16,500 employees directly to the General Fund $12,000 New police officer - uniform $4,500 6 / ~ 3 U99 - Schools School Department - purchase new curriculum 1 $250,000 Subtotals $325,665.02 $767,031 Net Operating Expenses $341,365.98 From Free Cash $328,500 *From Insurance payments $49,334.98 **From Sick Leave Buyback Fund $63,531 Finance Committee Report: The Finance Committee recommends the subject matter of Article 6 by a vote of 8-0-0 at their meeting on March 27, 2013. Bylaw Committee Report: No report. ARTICLE 7 To see if the Town will vote to authorize the payment during Fiscal Year 2013 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 Background: There are no known prior year's bills and this article will therefore be indefinitely postponed Finance Committee Report: No report. Bylaw Committee Report: No report ARTICLE 8 To see if the Town will vote to approve the FY 2014 - FY 2023 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long-term CIP are adequately described. Please see the Blue Pages in the Appendix of this Warrant Report for the FY 2014 - FY 2023 Capital improvements Program. Finance Committee Report: The Finance Committee recommends the subject matter of Article 8 by a vote of 9-0-0 at their meeting on March 13, 2013. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bylaw Committee Report: No report. 7 te`1 ARTICLE 9 To see if the Town will vote to authorize revolving funds for certain Town Departments under Massachusetts General Laws, Chapter 44, Section 53E % for the fiscal year beginning July 1, 2013 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 Limits Year End Account Authority Source Expenses Balance Fees as provided for in Reading Consulting and engineering Conservation General Bylaws services for the review of $25 000 Commission Section 5.7, designs and engineering , Available for Consulting Conservation Wetlands work for the protection of expenditure Fees Commission Protection wetlands. next year Legal, oversight and inspection, plan review, Building, Plumbing, initial property appraisals Wiring, Gas and and appeals, Community other permits for Services general $200,000 the Oaktree, management, curb Addison-Wesley/ sidewalks and pedestrian Inspection Pearson and safety improvements, Available for Revolving Johnson Woods records archiving and other expenditure Fund Town Manage r developments project related costs. next year Vaccines, materials for screening clinics and clinical supply costs, $25 000 Public Health Clinic Fees and medical equipment and , Available for Clinics and Board of third party supplies, immunizations, expenditure Services Health reimbursements educational materials next year Library Library Charges for lost or Acquire Library materials to Available for Materials Director and damaged Library replace lost or damaged $15,000 expenditure Replacement Trustees materials items next year Utilities and all other Available for Mattera Cabin Recreation maintenance and operating $10,000 expenditure Operating Administrator Rental Fees expenses next year Director of Public Works upon the recommend- ation of the Sale of timber; fees Planning and Available for Town Forest for use of the Town Improvements to the Town $10,000 expenditure Town Forest Committee Forest Forest next year or take any other action with respect thereto. Board of Selectmen Background: The revolving funds established in this article are subject to annual renewal by Town Meeting. Conservation Consulting Revolving Fund - These funds are used to receive payments from applicants, hire expert consultants where required, and return the balance to the 8 ('1 applicant. There was no activity in the Conservation Consulting Revolving Fund during Fiscal Year 2013. The balance as of 3-7-13 remains at $0. Inspections Revolvina Fund - Beginning in 2004, Town Meeting approved the Inspections Revolving Funds as a way to deposit building and other permit fees, and to use them directly for purposes of plan review, inspections, legal expenses, initial property value appraisal and appeals, and general management of the Community Services operations related to three developments as well as for the construction of curbs, sidewalks and pedestrian safety improvements and records archiving and management. The balance available as of 3-7-13 in this fund is $509,894. There is expected to be little expenditure from these funds for the remainder of FY 2013. A major portion of the existing balance of the fund will be released to Free Cash at the end of FY 2013 (June 30, 2013). The balance in the fund is from permit fees from Oaktree, Addison-Wesley/Pearson (now Pulte Homes), and Johnson Woods developments. Health Clinic Revolvina Fund - The Reading Health Division contracts for third party payments for a number of immunizations. The funds are used to augment the influenza vaccine supply from the State Department of Public Health to insure vaccine for the homebound clients and first responders. The Division also uses these funds for materials for other screening clinics. Clinic client fees are also deposited into this fund to offset vaccine and clinical supply costs. The balance available as of 3-7-13 in this fund is $47,625. The State has been cutting back on the free flu and other vaccines to be distributed to cities and towns, and the Town therefore needs to purchase extra doses. The necessary amounts used for clinic vaccine, supplies and staff salaries related to the clinics each year directly from the revolving fund is therefore approximately $25,000. Library Materials Replacement Fund - During the course of a year, the Library recovers funds from patrons who have lost or damaged books or other materials. Previously, those funds went into the Town's General Fund and at the end of the year went into Free Cash. Once this Revolving Fund was adopted (beginning in FY 2010), those funds recovered from patrons for lost or damaged materials were available directly to the Library for expenditure to purchase replacement materials and processing supplies. The balance available as of 3-7- 13 in this fund is $6,591. Mattera Cabin Operatina Fund - The log cabin on the Mattera conservation land was purchased several years ago, and was recently renovated by the Vocational School. Some of the use is revenue generating, and it is anticipated that over time the site will generate enough funding to pay the operating costs of the cabin - primarily utilities. This Article allows those revenues that are generated to be used directly for the operating expenses of the cabin. The balance available as of 3-7-13 in this fund is $1,290. Town Forest Revolvina Fund was created in 2011. The purpose is to allow revenues from controlled timber harvesting and permit fees to then be spent by the DPW Director upon the recommendation of the Town Forest Committee, on improvements to the Town Forest, including planning efforts. The Town Forest Committee has had a forest stewardship plan created (through a grant) to make recommendations on forest management including controlled timber harvesting. The Committee is in the process of determining how to proceed in beginning this work. In addition, the Town Forest Committee completed work on a master plan for the Town Forest and adjacent property, and the Master Plan will include recommendations on improvement to the Town Forest. Finally, the Town Forest Committee is beginning to develop policies and regulations on the use of the Town Forest. Since this revolving fund was just created2 years ago the balance available as of 3-7-13 in this fund is $0. It is anticipated that timber harvesting on a limited basis will begin in FY 2014, and therefore there will be proceeds in the revolving fund which can be used for the purposes of the revolving fund. 9 b,6 Finance Committee Report: The Finance Committee recommends the subject matter of Article 9 by a vote of 9-0-0 at their meeting on March 13, 2013. Bvlaw Committee Report: No report. ARTICLE 10 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 Background: Following is a list of surplus vehicles that are scheduled to be disposed of in FY 2014. Town M eeting approval is required for disposition of tangible property with a value of $5000 or more. It is unlikely that any of these items have a value that exceeds that amount, but to be safe, Tow n Meeting approval is requested. Disposition could be through trade in, auction, or other sale. • Police 2009 Ford Crown Victoria • Police 2005 Ford Taurus • Police 1998 Ford Econoline Van (ACO Van) • DPW 1982 Ford 445 Tractor • DPW 1996 Chevy 3500 Dump Truck • DPW 1997 Holder C9700 Sidewalk Plow • DPW 2001 International 4900 Dump Truck • DPW 1997 Ford F350 4X4 • DPW 1997 Ford F350 4X2 Finance Committee Report: The Finance Committee recommends the subject matter of Article 10 by a vote of 9-0-0 at their meeting on March 13, 2013. Bvlaw Committee Report: No report. ARTICLE 11 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 2014 - beginning July 1, 2013, or take any other action with respect thereto. Finance Committee Background: Please see the Yellow Pastes of this document for full details of the FY 2014 budget. Finance Committee Report: Please see the Yellow Pages - Soendina Scorecard of this document for the votes by the Finance Committee for line items in the FY 2014 budget. The Finance Committee recommends the subject matter of Article 11 as explained by these votes at their meeting on March 27, 2013. Bvlaw Committee Report: No report. 10 b-I q ARTICLE 12 To see what sum the Town will appropriate to the irrevocable trust for "Other Post Employment Benefits Liabilities" or take any action with respect thereto. Board of Selectmen Backaround: As part of the FY13 budget the town voted $420,000 in the general fund, $47,664 in the water fund, $9,667 in the sewer fund and $5,570 in the storm water fund for Other Post Employment Benefit (OPEB) contributions. In addition, Article 6 in this warrant will add $380,000 in FY13 to OPEB contributions in the general fund. This Article will move the total of all these OPEB contributions ($862,902) to the irrevocable trust for Other Post-Employment Benefits liabilities. According to the Town's most recent actuarial OPEB valuation study, in FY13 the annual contribution required to fully fund this liability over 30 years (net of health insurance premiums already budgeted) is an additional $1,575,257 in the general fund. Thus the $800,000 mentioned above is a little more than half of that actuarially determined funding level. Finance 'Committee Report: The Finance Committee recommends the subject matter of Article 12 by a vote of 9-0-0 at their meeting on March 13, 2013. Bvlaw Committee Report: No report. ARTICLE 13 To see if the Town will vote, pursuant to Section 5.2 of the Reading General Bylaws, to approve and authorize a settlement of a pending litigation matter involving the construction of the Reading High School, entitled TLT Construction Corporation v. Harlevsville Worcester Insurance Comoanv v. Town of Readinq, Middlesex Superior Court, Docket No. MICV2007-05072-B, involving the payment of a sum of more than Fifty Thousand ($50,000) Dollars, or take any other action relating thereto. School Committee Backaround: The Reading School Committee has reached a tentative settlement of one of the two outstanding legal cases involving the construction of the Reading Memorial High School. There is one additional case that is outstanding. In accordance with the Reading General Bylaw the Board of Selectmen needs to approve any settlements, and Town Meeting needs to approve any settlements of general (not Workers Comp) legal matters in excess of $25,000 where Town funds are involved. The following is the pertinent section o fthe General Bylaw: 5.2 Resolution of Legal Matters Town Counsel, or any other Special Counsel employed by the Board of Selectmen pursuant to Section 6-4 of the Charter, shall not make any final settlement of any litigation to which the Town is a party unless he has been duly authorized by a vote of the Board of Selectmen, or by a vote of Town Meeting. The Board of Selectmen shall have the authority to compromise and settle all suits involving the payment by the Town of Twenty-Five Thousand ($25,000) Dollars or less, and they shall further have the authority to compromise or settle all claims, actions, proceedings and suits arising under Worker's Compensation or related disability insurance statutes involving payment by the Town of Fifty Thousand ($50,000) Dollars or less. Town Meetina must approve the compromise or settlement of all suits involvina pavment by the Town of more than Twenty-Five Thousand ($25,000) Dollars. except claims, actions, proceedings and suits arising under Worker's Compensation or related disability insurance statutes in which case Town Meeting must approve or compromise the settlement of all such matters involving the payment by the Town of more than Fifty Thousand ($50,000) Dollars. 11 JD The balance in the RMHS construction account is $1,284,312.52, and these funds can and have been used to pay for legal expenses and are available to pay for settlement of legal matters. The following is an analysis by Town Counsel of the cost of the settlement vs. the cost of going to trial in this case, and also includes the potential exposure if the Town were to lose all aspects of the case at trial. Town Counsel will make a more detailed presentation of the facts of the case and settlement at Town Meeting. The School Committee, Board of Selectmen, and FINCOM have been briefed in Executive Session (because this is pending litigation) on the details of the case and proposed settlement. All three bodies have voted to recommend to Town Meeting the settlement of the matter. CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGED COMMUNICATION TIA y. Harleysville v. Reading Sh"1""1 "1.f;i~1F?,NT :1N r~I,YSIS Proposed SeLtlen-teni Amount C ost .+f Frial Trial $ 9,280.00 (8 days at 8 hours per day 64 hours 4i $145.00/hour) Post-trial review of record and preparation of brief $ 6.960.00 (0 days 8 hours per day ° 48 hours ,a: 5145.00/hour) "Iranscript (approximate expense) S 10.000.00 Fxpert Witness Fees $ 8,000.00 Cost of Hearing Officer $ 12.000.00 Judge Stephen I.:. Neel (Ret.) (5500.00/hour 2 _ S250.00/hour) Trial 8 days at 6 hours per day- 48 hours a!S'250.001hour Yost-trial revic-,N" of record and preparation of Decision S 9,000.00 (6 days at 6 hours pcr day - 36 hours x;$250.00/1our) Potential Lxposure Damages alleged of"8.,97,000.00 $397,000.00 12`0 interest per year from December, 2007 $250.1 10.00 (I"iling date) to present (63 rnonlhs) = 63114, 12 S72.000.00 S 55.240.00 x+647, l 10.00 (0', 1 l Finance Committee Report: The Finance Committee recommends the subject matter of Article 13 by a vote of 7-0-2 at their meeting on March 27, 2013. We believe that this settlement offer in the amount of $72,000 is both fiscally and financially prudent and in the best interests of the Town. Bvlaw Committee Report: No report. ARTICLE 14 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 Background: The purpose of this Article is to make Chapter 90 funds for road improvements available to the Town. The Article authorizes expenditures upon receipt of the grant. Based on the Governor's proposed Transportation Plan the Town's FY 2014 Chapter 90 allocation would be $904,518. This amount represents a $301,506 increase over the previous year's allotment. The expectation is that the State will formally announce the actual amount prior to the April 22 Annual Town Meeting. Finance Committee Report: The Finance Committee recommends the subject matter of Article 14 by a vote of 9-0-0 at their meeting on March 13, 2013. We vote at Town Meeting each year to approve the acceptance and use of these funds for road improvements from the State, the only issue being the precise sum of money available from the state. Though Reading's final allocation for FY14 was not known as of this vote, barring any new or different contingencies placed by the State on the funds, the Finance Committee believes that that the town should accept whatever level of funding is offered. Bvlaw Committee Report: No report. ARTICLE 15 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs and/or replacement of sanitary sewer collection systems on all or portions of Howard Street, Lewis Street, and Charles Street, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and to see if the Town will authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said sanitary sewer improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto . Board of Selectmen Backaround: During recent investigations the Town's Infiltration and Inflow (1/1) program has identified several sewer mains that are deteriorated and a significant source of infiltration. Infiltration occurs when surface or ground water enters sewers through leaks, cracks and faulty joints in pipes and manholes. Any 1/1 into the sewer system increases the amount of sewage to be treated which directly affects the Town's sewer rates through increased assessments from the Massachusetts Water Resources Authority (MWRA). It can also have a negative effect on 13 6,1 1 property owners in Reading and other communities by causing sewer surcharging and sew backups into private property. The replacement and rehabilitation of defective sewer mains is one essential part of reducing the amount of 1/1 introduced into the system. The sewer mains identified to be rehabilitated and replaced under this article are located on Lewis Street, Charles Street and Howard Street and the total cost is projected to be $460,000. Approximately 1200' of sewer main on Lewis Street and 600' on Charles Street will be rehabilitated by means of Cured-In-Place Pipe (CIPP). CIPP is a trenchless sewer main repair that lines the sewer main with a reinforced fabric liner making the pipe structurally sound and watertight. This process is less disruptive to the road surface and does not require the complete restoration of roadway surfaces. However, the 1500' of sewer main on Howard Street is too structurally compromised and undersized for CIPP and must be replaced. The replacement will remove the existing 6" pipe and replace it with a new 8" pipe, including manholes, services and pavement rehabilitation. HOWARD Street has already been dug up for water main replacement, and the time to do the sewer is while the road is already under construction. The MWRA 1/1 Local Assistance Program provides funds in the form of a 45% grant and a 55% 5-year interest-free loan. A total of $350,000 of these project costs will be funded through the Sewer Enterprise fund as FY-14 capital project. The remaining $110,000 will be funded through this MWRA 1/1 Local Assistance Program. This Article approves the Town taking on the debt obligation portion of this MWRA grant/loan program (the loan portion is considered debt), and the repayment is shown in the Sewer Enterprise Fund as debt repayment starting in FY14. Finance Committee Report: The Finance Committee recommends the subject matter of Article 15 by a vote of 9-0-0 at their meeting on March 13, 2013. Bvlaw Committee Report: No report. ARTICLE 16 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs and/or replacement of water distribution mains on the following streets or portions of the following streets: Main Street, Mill Street, Locust Street, Bear Hill Road, Linden Street, Minot Street, Summer Avenue, Libby Avenue, cross-country from Belmont Street to Libby Avenue, Chute Street, Haven Street, Sanborn Street, High Street and Washington Street; including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, to be used to defray the cost of all, or any part of, said water distribution system improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto Board of Selectmen Backwound: The purpose of this Article is to authorize debt for planned improvements to the water distribution system. In 2012 the Town hired Weston and Sampson Inc. to develop a new water system hydraulic model and develop a Water System Master Plan Report to reflect current system hydraulics. The model evaluated the town's distribution system to address the new MWRA supply, water quality concerns, and the proposed new second connection by MWRA. The report indicated that in switching the main source of water from the north (location of the Town's former Water Treatment Plant) to the south (location of the existing and proposed second MWRA interconnection) combined with the fact that 29% of the water distribution system consists of unlined cast iron pipe, several system deficiencies exist. To address these deficiencies Weston and Sampson developed a 20+ year water distribution system Master Plan. The Master Plan recommends the cleaning and lining of unlined cast iron 14 b'~ (3 mains and replacing of undersized or deteriorated mains. The plan's initial Phase A includes projects which will create the greatest level of improvement to the system and address improvements to water quality in the northern part of town. Phase A is planned to be implemented in two (2) parts, the first in FY 14 and the second in FY16 as identified below: Phase A-1 (FY-14) $5.0 million of 10yr debt (borrow $4,012,000 from the MWRA interest free and the remainder as Town debt) Main Street, Mill Street, Locust Street, Bear Hill Road, Linden Street, Minot Street, Summer Avenue, Libby Avenue, X-Country - Belmont Street to Libby Avenue, Phase A-2 (FY-16) $1.125 million of Town debt Chute Street, Haven Street, Sanborn Street, High Street and Washington Street To assist the Town in funding of these projects the Town was successful in obtaining the accelerated release of MWRA 0% interest loan assistance for this project. Under MWRA's Local Water Assistance Program (LWSAP) the Town will be able to utilize any unutilized MWRA funds from the previously approved water main projects and $4,012,000 of new LWSAP funds toward the proposed new water improvements. Under the LWSAP program the Town will receive interest free loans with a repayment period of up to 10 years. Finance Committee Report: The Finance Committee recommends the subject matter of Article 16 by a vote of 9-0-0 at their meeting on March 13, 2013. Bvlaw Committee Resort: No report. ARTICLE 17 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of permanent roadway easement adjacent to Pierce Street in Reading, Middlesex County, MA located on Lot 273 of Map 22 which easement is shown on a plan entitled: "Easement Plan of Land located in Reading, MA prepared for Anne Marie & Associates LLC.", prepared by Sullivan Engineering Group, LLC and dated October 3, 2012 ; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Board of Selectmen Backaround: As part of the site plan approval for the development of 10 Pierce Street a condition of approval required the inclusion of on-street public parking along the edge of the roadway for the majority of the property's frontage. Pierce Street is only a 40 foot wide right of way. Due to this space limitation the only way to create the on-street parking spaces is for the developer to provide the Town with a permanent roadway easement to provide the public parking spaces. The easement consists of a 358 s.f. area located along the street line of Pierce Street as depicted on a plan entitled "Easement Plan of Land located in Reading, MA. prepared for Anne Marie & Associates LLC.", prepared by Sullivan Engineering Group, LLC" and dated October 3, 2012. The acceptance of this article will authorize the Board of Selectman to accept the conveyance of the permanent roadway easement. All regulations for on-street parking will apply to these parking spaces. 15 t_'l l 14 (i am vz te. ' x f:l PIERCE STREET Finance Committee Report: No report. Bylaw Committee Report: No report. I sAS¢rc~xr rux or uxR R£Al1l.~C. NA 15'A(.HI;SG"T.' !'G'UNA~ LACINfLRI~L CAOL'f lU' rxv+ w i or ~ T ARTICLE 18 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of permanent drainage easements in Reading, Middlesex County, MA located on Lot 177 of Map 11 which easement is shown on a plan entitled: "Drainage Easement located at 44 Victoria Avenue, Reading, MA" dated February 25, 2013, prepared by Bay State Surveying Associates; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Board of Selectmen Backaround: Residents located in the vicinity of 44 and 50 Victoria Avenue are experiencing flooding of their properties during heavy rain storms. There is an existing Town owned drainage system and easement located on the adjacent property. However the flooding the residents are experiencing is the result of an isolated depression which due to topography does not drain to the current drainage system. To alleviate the flooding a small drain extension will be required which will require a new drainage easement. The approval of this article will authorize the Board of Selectman to accept the conveyance of the drainage easement which will enable the Town to construct and maintain the necessary drainage improvements to alleviate the flooding. The proposed drainage easement consists of a 2,000 s.f. area as depicted of the plan entitled "Drainage Easement Located at 44 Victoria Avenue, Reading, Ma," prepared by the Reading Engineering Division dated February 26, 2013. The following owners have agreed transfer the following easement rights to the Town for a nominal fee of $1.00. Location Owner Easement Area 44 Victoria Avenue Sophia Georgian - Trustee Georgian Family Trust 2000+/- s.f. 16 b' ow°.~if°+VV CO Vi. °uo." bmn...nw ss. •e••• Finance Committee Report: No report. Bvlaw Committee Report: No report. ~ a ffa.f,~c. fuasac.DSr,,, lI/YTYlM OI N/LIC tGtlfQ DRAINAGE 8AS8A/BNT LOCATED AT H VICTORIA AVENUE READING, W at~u r.s afn rrric~rr a. mn w~ rfs+ri~ mrrmn nnr. CICWf ! f~WOVNYP. PL. )CI/ AWl~rp !I1 lftli~O~ffR' YJ%LCtl YCrfILr, W rTr ARTICLE 19 To see if the Town will vote to approve the adjustments in School, Town, and Town parkland property boundaries in the Birch Meadow Area as recommended by the Board of Selectman and School Committee as shown on a plan entitled: "Plan of Town Owned Property located at Birch Meadow Drive", in Reading, MA" dated March 4, 2013, prepared by Bay State Surveying Associates; or take any other action with respect thereto. Board of Selectmen and School Committee Background: During the design of the Reading Memorial High School project it became clear that the ownership patterns of land by the Town in the Birch Meadow area were not consistent with the current and proposed uses of the site. Some of the lands owned by the Town for parkland are actually School Department facilities (the stadium is actually split through the middle - part Town parkland and part School Department ownership), and some School owned properties are actually used as public parks (a small slice of the Imagination Station site). The Board of Selectmen and the School Committee entered into an agreement on May 27, 2003 to: " • Place an article on the Town Meeting warrant following completion of the Reading Memorial High School addition/renovation project to transfer all land that the Reading Memorial High School buildings and appurtenances occupy (including parking lots but not including park land and fields), to the Reading School Committee. Upon completion of the project, an as-built survey will be done by the School Committee at their sole cost and expense, of the entire Birch Meadow complex, and this survey will be used as the basis of determining the property whose ownership will be transferred to and/or from the Reading School Committee; • Provide a long-term lease to the Reading School for the "care, custody, and control" of all lands and fields that are a part of the Reading Memorial High School addition/renovation project" 17 1I6 ~ The project is complete and the Town Engineering Division has been working to do the necessary survey work to determine the existing property bounds and ownership, and to develop the plan for the proposed new boundaries. The maps are available on the Town web site at www.readincama.aov. . 1 1 t ~a 17 EXISTING PRoPos= owAww P (cvmwp mGmw BIRCH MEADOIY PLAYGROUND ~W~ AM AWOOL OW)VANSW i EDKW AMODOW PLAYGROUND 1 RO"WAY TAAMVGS I I ir 7 .ice'. 18 C'7 .0 ~ ~:lIIIV4911IM M1iYr1.5~, . ~ R ~ < ~.tAlCT 10 .iLY[a. d i sr ~ ~m 1 fS~Y ~ !W 4 1. PROPOMW OWNMWW (CO MOL) LIMMM• SWOOL ORWOORW h AUMV J(R!Wr PLAYGROUND RaWFAY MU NGS 'AM .w. r ~w r r MWA ~ =-mow --a- 7 land transfer may need approval of the legislature to the extent that any park lands are proposed to be transferred to the School Department, and this action will be included in the motion in the event that it is needed. Finance Committee Reoort: No report. 4 PROPOSED BIRCH MEADOPF PUYGROUND 19 ('-'19 Bvlaw Committee Report: No report. ARTICLE 20 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 Backaround: The purpose of this Article is to approve an Affordable Housing Trust Fund Allocation Plan approved by the Board of Selectmen. Chapter 140 of the Acts of 2001 authorized the Town of Reading to establish an Affordable Housing Trust Fund (AHTF). ♦ "The Town of Reading may establish a separate fund to be known as the Affordable Housing Trust Fund for the purpose of creating or preserving affordable housing for the purpose of creating, maintaining or operating affordable housing." ♦ The AHTF may "develop new or rehabilitate existing dwelling units for purchase or rental by low and moderate income housing purchasers or tenants;" ♦ "Expenditures shall follow an allocation plan submitted by the Board of Selectmen annually to Town Meeting at the Annual Town Meeting, and approved by Town Meeting." ♦ "all expenditures from the fund.... shall be in accordance with the allocation plan and approved by a majority vote of the full combined memberships of the Board of Selectmen and the Reading Housing Authority." The purpose of the Affordable Housing Allocation Plan is to provide a framework for the Town to expend funds on affordable housing. The current balance is $ $259,693.37. Funds have been accumulated over the years as funds were secured for the purpose through the actions of the CPDC, and funds deposited in one instance when an existing affordable unit was no longer able to be kept affordable after efforts were made to do so. There are no Town tax aenerated funds in the AHTF. The only expenditure to date from the AHTF is an amount of $200,000 for Oaktree development to provide an additional 3 affordable housing units. That sum has been fully been utilized. At the 2012 Annual Town Meeting, approval was given for funding to hire a consultant to update the Town's Housing Plan, including the 5 year "Housing Production Plan". This effort is important as a defense against unfriendly 40B developments in the community, and requires the Town to develop a phased plan to produce housing to reach the 10% threshold as required by the 40B statute. The Housing Production Plan has been approved by the Board of Selectmen. As part of these planning efforts, the Town commissioned and received a supplemental report on how the AHTF can best be used to support the "Planned Production" goals of the Housing Plan. This supplemental element of the study was received in the late winter 2013, and a presentation is scheduled before the Board of Selectmen and the Reading Housing Authority in April. The report recommends major restructuring of the Town's AHTF efforts, and because the Board of Selectmen will not have had a chance to fully review and evaluate this recommendation before Town Meeting begins, the Town Manager is recommending to the Board of Selectmen that the AHTF Allocation Plan as shown below be adopted as the framework for the use of Affordable Housing Trust Fund in FY 2014. An additional initiative that is being considered (Reading is the lead agency on the project) is to establish a regional consortium which would assist the member communities in monitoring and administering the Town's responsibilities for the various affordable housing developments that exist and will be developed in the future, to maintain the affordable units that the Town has 20 b,) )q worked so hard to create. This would be a potential use of the "Administrative" monies designated by the Affordable housing Allocation Plan. Affordable Housing Trust Fund Allocation Plan FY 2014 Pursuant to Article 20 of the 2013 Annual Town Meeting, an Affordable Housing Trust Fund Allocation Plan for the Fiscal Year 2014 in accordance with the provisions of Chapter 140 of the Acts of 2001 is as follows: Available Balance - Unrestricted Funds: $ 259,077 Available Balance - Restricted Funds $ 0 Unrestricted funds shall be used for the following purposes: 5% up to a maximum of $10,000 for administration of Affordable Housing Remainder for constructing affordable housing (including loan and grant programs); or for maintaining and improving affordability of existing housing stock; or for the purchase of existing housing stock to add it to or maintain it as a part of the existing affordable housing inventory Finance Committee Report: The Finance Committee recommends the subject matter of Article 20 by a vote of 9-0-0 at their meeting on March 13, 2013. Bylaw Committee Resort: No report. ARTICLE 21 To see if the Town will vote to amend Section 1.8 of the General Bylaw by adding to the chart the following lines: Following Section 8.10: Bylaw Bylaw Title Enforcing Penalty - Penalty - Penalty - Section Person First Second Additional Offense Offense Offences 8.11 Trash Board of $100 $100 $100 Collection Health and Public Health Administrator At the end of the chart: Bylaw Bylaw Title Enforcing Penalty - Penalty - Penalty - Section Person First Second Additional Offense Offense Offences Board of Board of $100 $100 $100 Health Health and Regulations Public Health Administrator Or take any other action with respect thereto. Board of Health 21 Backqround: The recently adopted and approved bylaw on Trash Collection, Section 8.11 of the General Bylaw, needs to be included in the chart of fines for non-criminal disposition of matters. The fine schedule for Health "Regulations also needs to be included in the Non- Criminal Disposition section of the General Bylaw. The Public Health Administrator recommends that the motion under this article should read as follows, which varies from the warrant (bold and sFess-out show the differences from the warrant article): Bylaw Section 8.11 Bylaw Title Trash Collection Board of Health Regulations Enforcing Person Board of Health and PubliG Health Ad Minis#Fater Health Division agents Board of Health and AdmiR iStfatef Health Division agents Penalty - First Offense $400-50 $x-00-50 Penalty - Second Offense $100 $100 Penalty - Additional Offences $4-00150 $4-00150 As a reminder to Town Meeting, the Board of Health has the authority and responsibility to establish regulations including the fines for violations. This article is only to ask Town Meeting to allow violations to be addressed through a ticket, vs. criminal disposition which requires court action. Finance Committee Report: No report. Bvlaw Committee Report: The Bylaw Committee recommends the subject matter of Article 21 by a vote of 3-0-0. ARTICLE 22 To see if the Town will vote to rescind section 8.8 of the Reading General Bylaw and substitute therefore the following: 8.8 Animal Control Pursuant to the authority set forth in M.G.L. Chapter 140 Section 147A, the following bylaw is enacted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions As used in this bylaw, the following words and terms have the following meanings: 8.8.1.1 Animal Control Officer (ACO) A person designated by the Town Manager. 8.8.1.2 Dangerous Dog A dog that either; (a) without justification, attacks a person or domestic animal causing physical injury or death; or (b) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. 22 711, b 'l 8.8.1.3 Effective Voice Control To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 8.8.1.4 Euthanize An order by the Animal Control Appeals Committee (ACAC) that a dangerous dog be euthanized in accordance with M.G.L. Chapter 140 and the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.1.5 Keeper Any person having charge of an animal within the Town of Reading, including but not limited to the animal's owner, dog walkers, dog sitters, members of the animal owner's household or family. 8.8.1.6 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, boarding, sale, training, hunting, companionship or any other purpose. "Kennel" includes commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. 8.8.1.7 Kennel License A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 8.8.1.8 License A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 8.8.1.9 License Transfer The registration issued to a dog already licensed in another U.S. jurisdiction, after the dog moves into the Town of Reading. 8.8.1.10 License Period An annual period, from January 1 through December 31. 8.8.1.11 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 8.8.1.12 Nuisance Dog An animal that repeatedly violates Section 8.8.3 of this bylaw. 8.8.1.13 Permanent Restraint An order issued by the Animal Control Appeals Committee under Section 8.8.5.3 requiring a dangerous dog's keeper to restrain it. 8.8.1.14 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 8.8.1.15 Running at Large A dog is running at large if it is not on the private property of its keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash). 8.8.1.16 Temporary Restraint An order issued by the ACO under Section 8.8.3.2 requiring the dog's keeper to restrain a nuisance dog or suspected dangerous dog for thirty (30) days. An invisible fence will not be considered a temporary restraint for a suspected dangerous dog. 8.8.1.17 Other Meanings 23 IZ Any word or term defined in M.G.L. Chapter 140 Section 136A and not otherwise defined here, is incorporated by reference. 8.8.2 Vaccination. Licensina and Fees 8.8.2.1 Three or fewer dogs License and vaccination requirements All dogs six months and older, while residing in the Town of Reading, must have a license from the Town Clerk. To obtain or renew the license, each dog owner must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. New Dogs Within thirty (30) days of acquiring a dog six (6) months of age or older, each dog owner in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Puppies Within six (6) months of a puppy being born, each dog owner in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Residents A new resident who owns a dog six (6) months of age or older must license it within thirty (30) days after moving into Reading. The Town Clerk will issue each dog a transfer license upon the owner's surrender of a current license from another U.S. jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. Lost Tags and Replacement Tags Dog owners must replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. Tag exemptions for dog events and medical reasons: A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its keeper has the tag at the event and available for inspection by the ACO. When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog is exempt from wearing a tag until it recovers, from the requirement that its license tag be affixed to its collar, provided its keeper has the tag in his or her possession and available for inspection by the ACO. Annual Renewal Dog owners must renew each dog license annually. The annual licensing period runs from January 1 through December 31. License due Date and Late Fee The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31 each year. Dog owners must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Friday, Saturday, Sunday or legal holiday). Any license renewed after this date is overdue, and the owner must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner, pursuant to M.G.L. Chapter 40 Section 58. License Fees The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and non-neutered or non-spayed 24 I 2;~ lD i dogs. The fee for neutered or spayed dogs shall be less than the fee for non-neutered or non-spayed dogs. There is no fee for a dog license for service dogs as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No fee shall be charged for a license for a dog owned by a person aged 70 years or over. 8.8.2.2 Four or more dogs License and Vaccination Requirements Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee who is also the owner of the dogs must present proof of current rabies vaccinations for each dog older than six months in the kennel. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. Kennel licensees who offer temporary boarding services must obtain valid proof that each dog in the kennel that is older than 6 months has received a current rabies vaccination which proof must be maintained in accordance with 8.8.2.1 bullet one herein. New Dogs and New Puppies The kennel licensee who is also the owner of the dogs must report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. Inspection Process Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector must inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: The location of the kennel is appropriate for housing multiple dogs. • The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. The area provided for housing, feeding, and exercising dogs is no closer than twenty (20) feet to any lot line. The area provided for housing, feeding, and exercising dogs is no closer than fifty (50) feet to any existing dwelling on an abutting lot. The kennel will be operated in a safe, sanitary and humane condition. Records of the numbers and identities of the dogs are properly kept. The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. Periodic Inspections Before a kennel license is renewed, and at any time they believe it necessary, the ACO and/or the Health Division may inspect any kennel. If the ACO or the Health Division determine that the kennel is not being maintained in a safe, sanitary and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. Kennel Review Hearings Within seven (7) business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within fourteen (14) days after the notice date. Within seven (7) business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kennel. Penalties Any person maintaining a kennel after the kennel license has been denied revoked or suspended will be subject to the penalties in Section 8.8.7 of this bylaw. 25 6'1 Zq Annual Renewal Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. License Due Date Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, if the 15th fails on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40 Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. Fees The fees for licensing each kennel shall be established by the Board of Selectmen. Incorporation The following provisions of M.G.L. Chapter 140 are expressly incorporated herein: Section 137B - Sale or other delivery of unlicensed dog by kennel licensee; Section 137D - Licensee convicted of violation of statutes relating to offenses against animals; and Section 138A - Importation of dogs and cats for commercial resale, etc. 8.8.3 Conduct of Animals 8.8.3.1 Endangering Safety No animal keeper shall allow it's animal to bite, menace or threaten, all without provocation, so as to endanger the safety of any person, domestic animal or livestock provided such threat or attack was not a grossly disproportionate reaction under all the circumstances. This section is not meant to preclude an animal from acting as a watchdog on its keeper's property. 8.8.3.2 Disturbing the Peace No animal keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling, causing damage or other interference that a reasonable person would find disruptive to one's quiet and peaceful enjoyment for a period of time exceeding 15 minutes. Or, by excessive barking or other disturbance, which is a source of annoyance to a sick person residing in the vicinity. This section is not meant to preclude a dog from acting as a watchdog on its keeper's property. 8.8.3.3 Damaging Property No animal keeper shall allow the animal to damage public or private property or realty. 8.8.3.4 Running at Large When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. 8.8.3.5 Voice Control in Place of Leash Control Allowed A dog may be under voice control when within the Town Forest or on Conservation lands. 8.8.3.6 Public Gatherings - Leash Control Only An animal may be at any public gathering not otherwise specified in this bylaw only if it is on a six-foot or shorter leash and the animal must refrain from illegal activities. 8.8.3.7 School Grounds Animals are not allowed during school - leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all 26 r - other times, the animal may be on school grounds only if it is on a six-foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. 8.8.3.8 Exception for Assistance Animals (service animals) Section 8.8.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.9 Chasing No animal keeper shall allow the animal to chase a person, motor-powered vehicle, human-powered vehicle, or animal drawing or carrying a person. 8.8.3.10 Dog Litter Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of M.G.L. Chapter 140 Sections 151 and 151A to carry out the provisions of this bylaw and to perform such other duties and responsibilities as the Town Manager or his designee may determine. 8.8.4.2 Duties The ACO's duties shall include but not be limited to the following: • Enforcement of the Town of Reading Animal Control bylaw and relevant State regulations. Explanation of bylaw violations. Notification to the owner of unlicensed dogs. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO shall issue an order of temporary restraint to the keeper of any animal that is a nuisance or that is awaiting a decision under Section 8.8.6 as to whether it is dangerous. An order of temporary restraint is an order that the animal must be confined to its keeper's property when not on a six (6) foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than thirty (30) days unless the ACO renews it in writing for subsequent thirty (30) day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 8.8.5.2 to rescind the order of Temporary Restraint. 8.8.4.4 Issuance of an Order of Confinement The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this bylaw. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's expense. 8.8.4.5 Complaint Resolution The ACO shall investigate all written complaints arising within the Town pertaining to violations of this bylaw and try to mediate disputes between Town residents complaining that a dog owned or kept in Town is a nuisance dog or a dangerous dog. If the mediation fails, the ACO will decide on a solution and inform the animal owner and any resident that brought a complaint or problem to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's decision may appeal that decision to the Animal Control Appeals Committee; the ACO shall attend the meetings of the ACAC on the matter. 8.8.4.6 Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of 27 J 2b l~ t the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee IACACJ 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three-year overlapping terms by the Board of Selectmen. The ACAC will annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Right to Appeal When the ACO has investigated a complaint regarding an animal's behavior and has issued a finding or an order of Temporary Restraint with which either the animal's keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within ten (10) business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within fourteen (14) days, at which the dog owner, the complainant, and the ACO must appear. 8.8.5.3 Findings and Further Appeals The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO within three (3) business days after the public hearing. 8.8.5.4 Hearings The ACAC shall hold public hearings and make decisions on any dangerous dog declaration under Section 8.8.6 or a nuisance dog declaration under Section 8.8.7. 8.8.5.5 Further Appeals An appeal from an order or decision of the ACAC may be made by either the Owner or Complainant within 10 days at the Woburn District Court. 8.8.6 Danaerous Dods 8.8.6.1 Declaring a Dog Dangerous A dog that either; • without justification, attacks a person or domestic animal causing physical injury or death; or • behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal may be declared dangerous by the ACAC. An exception may be made for a puppy (animal under six (6) months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog keeper's property. 8.8.6.2 Procedure for Declaring a Dangerous Dog Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than five (5) individuals from five (5) separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog dangerous and, if so declared, what remedy is appropriate. 8.8.6.3 Exceptions No dog shall be deemed dangerous: • Solely based upon growling or barking or solely growling and barking; • Based upon the breed of such dog; or • If such dog was reacting to another animal or to a person and such dog's reaction was not grossly disproportionate to any of the following circumstances: • Such dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; • The person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of such dog; 28 ( 21 The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking such dog; or At the time of such attack or threat, the person or animal that was attacked or threatened by such dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to a gated, fenced in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing. 8.8.6.4 Remedies Upon its finding that the dog is dangerous, the ACAC shall order one of the following remedies: permanent restraint or n euthanasia in accordance with the American Veterinary Medical Association Guidelines on Euthanasia. Permanent Restraint Order is an order that the dog must at all times while on its keeper's property be kept within the keeper's house or a secure enclosure. The secure enclosure shall be a minimum of five (5) feet wide, 10 feet long, and five (5) feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than nine (9) gauge chain link fencing; the floor shall be not less than three (3) inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least One Hundred Thousand ($100,000) Dollars for the benefit of the public safety; and whenever removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. Euthanasia is an order to take the life of the dog by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.7 Nuisance Animal 8.8.7.1 Declaring a Dog to be a Nuisance An animal that repeatedly violates Section 8.8.3 of this bylaw may be declared a nuisance dog by the ACAC. 8.8.7.2 Procedure for Declaring a Dog to be a Nuisance Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than five (5) individuals from five (5) separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog to be a nuisance dog. The ACAC may further order that the owner or keeper of such dog take remedial action to ameliorate the cause of the nuisance behavior. 8.8.8 Penalties 8.8.8.1 Fines Any animal keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license; and any animal keeper who fails to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.8.2 Reimbursement of Costs If the Animal Control Officer confines a dog and the animal owner does not pay all fees directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been 29 Z9 licensed, the keeper must obtain a license and pay any applicable late fee before the dog can be released. 8.8.8.3 Penalties for Violating Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of restraint orders, 8.8.9 Miscellaneous 8.8.9.1 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40 Section 21 D. 8.8.9.2 Incorporation of State Law The provisions of M.G.L. Chapter 140 Sections 136A through 156 and 158 through 174D, inclusive, as may be amended from time to time and except as modified herein, are hereby incorporated into this bylaw. Or take any other action with respect thereto. Board of Selectmen Backaround: The Town's Animal Control sections of the General Bylaw were developed several years ago and were recently recodified and approved by Town Meeting. Last year (after the Town's recodification of the General Bylaw) the State amended the entire state statute dealing with Animal Control, and the Town now needs to bring the Town's General Bylaw into conformance with the Statute. In general Reading's Animal Control Bylaw was in good shape with respect to the new statute. The Bylaw Committee has been given a "marked up" copy of the existing bylaw to review. The major changes to Reading's existing bylaw are: • Change in the terminology of "destruction" of an animal, to use the term "euthanize" • The State Statute no longer gives the option of "banishment" or removing a dangerous dog from the community - the 2 options now are "permanent restraint" or "euthanize" • The term "vicious" now is now replaced by the term "dangerous" dog. • While licenses will still be required, the Board of Selectmen has agreed to waive dog license fees for animals owned by residents aged 70 and over The Police Department Executive Officer, who worked with the Animal Control Officer and the Public Health Administrator to review the new Statute and how it affected the existing General Bylaw, advises that the following change from the article should be made in the motion to adopt this article: 8.8.3.5 Voice Control in Place of Leash Control Allowed A dog shall be under voice control when within the Town Forest or on Conservation lands. Finance Committee Report: No report. Bvlaw Committee Report: The Bylaw Committee recommends the subject matter of Article 22 by a vote of 3-0-0. The Bylaw Committee reviewed the subject matter of this article in detail both as to content and verbiage and agrees with the change which will update to Animal Control Bylaw to reflect recent State Statute changes 30 ~`I 2-I ARTICLE 23 To see if the Town will vote to rescind the previous Zoning Map and its amendments, and approve a new Zoning Map; and amend portions of Section 3.2 of the Zoning Bylaw of the Town of Reading as follows (cross out represents language to be deleted, bold represents language to be added) 3.2 Zonina Mago Districts are shown, defined and bounded on the map dated April 8, 2013 entitled "Reading Zoning Map", dated November 1, 1986 as amended, consisting of an index map and 61 detailed maps, 35 sheets containing 39 detailed maps, prepared and signed approved by the Community Planning and Development Commission, which constitutes a part of these Zoning Bylaw. The "Reading Zoning Map" map shall be kept on file and current by the Town Engineer Commit who shall supply copies to the Town Clerk, the Town Planner, the Building Inspector, the and the Board of Appeals, and the CPDC. The "Flood Insurance Rate Map, Town of Reading, Massachusetts Middlesex County" consisting of 7 panels, dated June 4, 2012 and They are to be appended to the "Reading Zoning Map" as Exhibits 1, 2, 3 and 4 the maps entitled "Flood Insurance Rate Map, Town of Reading, Massachusetts Middlesex County" with an effective date of July 2, 1981 consisting of Panel 1 of 4, Panel 2 of 4, Panel 3 of 4 and Panel 4 of 4; and Exhibit 5 the map entitled "Aquifer Protection Overlay District Map, Town of Reading" dated September, 1985 consisting of 1 panel are incorporated into and made a part of the "Reading Zoning Map". Community Planning and Development Commission Background: The Town of Reading Zoning Bylaw, Section 3.2 identifies the official zoning map as the Reading Zoning Map dated November 1, 1986, as amended. The Zoning Map consists of an index map and 35 sheets containing 39 maps prepared and signed by the Community Planning and Development Commission as approved at the November 1986 Town Meeting. The Zoning Map constitutes a part of the Zoning Bylaw. Subsequent zoning amendments adopted by Town Meeting required updating the Zoning Map. Some of the updated maps were hand drawn and others were digitized versions for incorporation onto the GIS data base of maps. Errors were discovered in the updated maps which need correcting. These errors are in the form of drafting/digitizing errors and legal description errors. For example, Town Meeting approved a change in district boundary line, which was subsequently drawn erroneously on the updated digital map The purpose of this article is to correct the errors identified and approve a new corrected and updated Town of Reading Zoning Map. The plans presented before you for adoption are the compilation of all those different maps that reflect all zoning changes since the approval of the November 1, 1986 Map. The details of the new zoning map are too extensive to be produced in this report but are available on the Town web site at http://www.readinama.aov/Paaes/ReadinaMA GIS/zoninamaps and are available in the office of the Town Engineer, Town Hall, 16 Lowell Street. The following is a summary of the zoning map corrections. There are no new changes proposed to the Zoning Map. 31 3.0 APRIL 8. 2013 -ZONING MAP CORRECTIONS NEW ASSESSORS KEY MAP DESCRIPTION OF CORRECTIVE MEASURES MAP NO. LOCATION NO. DISCREPANCY 60 56,57 46,47 35,41 43,37 43,37 1 2 3 4 5 Off Main Street, the 2004 zoning line was digitized in the wrong location. Off Pearl Street, the 2004 digitized zoning line followed the incorrect property line. Off Haverhill Street, the 2004 zoning line was digitized in the wrong location. Off Haverhill Street, the 2004 digitized zoning line followed the incorrect property line. Off Grove Street, the 2004 zoning line was digitized in the wrong location. The 2013 map shows the zone line moved to 250' from the centerline of Haverhill Street as previously approved by Town Meeting. The text "250' " was also added to the new plans to clarify the exact location of the zone line. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line moved to 250' from the centerline of Haverhill Street as previously approved by Town Meeting. The text "250' " was also added to the new plans to clarify the exact location of the zone line. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line moved to 250' from the centerline of Grove Street as previously approved by Town Meeting. The text "250' " was also added to the new plans to clarify the exact location of the zone line. The zone line on Family Circle has been corrected to reflect previously approved Town Meeting votes. 6 On Family Circle, the 2004 zoning line was digitized incorrectly. 32 L9 31 39 34 34 23 20 7 8 9 10 11 Off Forest Street, the 2004 digitized zoning line followed the incorrect property line. At the same location, the 2004 digitized maps indicate the PRD-G Overlay District in the wrong location. Off Pearl Street opposite Putnam Road, the 2004 digitized zoning line followed the incorrect property line. At #187 Pearl Street between Audubon Rd and Condor Rd, the 2004 digitized zoning line followed the incorrect property line. Off Baystate Road and off Salem Street (at Torre Street), the 2004 zoning line was digitized in the wrong location. Also, at Back Bay Court, a portion of the PRD-G Overlay District was not identified on the 2004 digitized maps. Off Arcadia Avenue, (near West Street), the 2004 digitized zoning line followed the incorrect property line. Also, in the Intersection of West Street, Willow Street and Summer Avenue, there was a minor digitizing error in the location of the zoning line. 33 The 2013 map shows the zone line and the PRD-G Overlay District in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows; off Baystate Road the zone line moved to 250' from the centerline of Baystate Road; and off Salem Street, the zone line moved to 150' from the centerline of Salem Street. Both changes were made to reflect actual Town Meeting votes. The texts "250' " and "150' " were also added to the new plans to clarify the exact location of the zone line. The 2013 map also, shows the correct boundaries for the PRD-G Overlay District as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. ~-f 31" 20 21 21 17, 22 12 13 14 15 17 16 The 2004 digitized zoning maps indicate zoning line down the centerline of the railroad tracks which suggests a change in zoning from one side of the tracks to the other. There is no change in zoning at this location and the digitized zone line not needed. The 2004 zoning maps indicate zoning line down the centerline of the railroad tracks which suggests a change in zoning from one side of the tracks to the other. There is no change in zoning at this location and the digitized zone line not needed. The 2004 digitized zoning maps incorrectly included a portion of Sanborn Street in the Business B and MU District. In the area of Green Street, Chapin Avenue, and Pleasant Street, the 2004 digitized zoning line followed the wrong property line. Off Lakeview Avenue, the 2004 digitized zoning line followed the incorrect property line. 34 The 2013 map shows the unnecessary zoning line removed from the map. The 2013 map shows the unnecessary zoning line removed from the map. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. - 1 33 12, 17 17 7 8 17-A 17-B 18 19-A The 2004 zoning maps show a zone line down the centerline of the railroad tracks which suggests a change in zoning from one side of the tracks to the other. There is no change in zoning at this location and the digitized zone line not needed. Also, the 2004 digitized maps do not show the PUD-I Overlay District around the area of the DPW garage. In addition along the northerly side of the railroad tracks, the PUD-I Overlay district follows the railroad property only and does not include the railroad property as erroneously indicated on the same map. Off Goodall-Sanford Road, there was a minor digitizing error in the zone line. Also, the 2004 maps do not show the PUD-I Overlay District around the area of the RMLD property. On Main Street opposite Cross Street, the 2004 digitized zoning line was placed in the wrong location. At Cedar Street, there was a drafting error on all previous maps, including the 2004 zoning maps. The legal description of the PRD-M Overlay District, approved at Town Meeting, included Fourth Street and Cedar Street. The previous maps never included these areas. 35 The 2013 maps show the zone line correctly removed from the maps and the PUN Overlay District correctly located on the maps as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location and the PUD-I Overlay District correctly located on the maps as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the PRD-M Overlay District in the correct location as previously approved by Town Meeting. 8 4 4 19-B 20 21 5 22 At 3 different locations: on Summer Avenue (at Summit Drive), Summit Drive, and off Summer Avenue (at the MWRA pump station), the 2004 zoning line was in digitized the wrong location. Also, on North Street, a drafting error was identified on the old maps and on the 2004 digitized maps. The legal description for the PRD-M Overlay District, as approved at Town Meeting, includes North Street. The old maps and the 2004 maps never correctly included this area as approved. At this same area, based on references to specific parcels of land we determined there was an error in the legal description on Article 13 which Town Meeting voted on in 1989. In the Intersection of South Street Walnut Street, there was a minor digitizing error in the zone line. At 3 different locations off South Street, the 2004 zoning maps incorrectly extended the Business C District out to the centerline of South Street. Also, on Main Street at South Street, the 2004 zoning maps incorrectly located the PUD-B Overlay District extending out into Main Street. On Main Street at South Street, the 2004 zoning maps omitted a small sliver of land extending out to South Street from the PRD-G Overlay District. 36 The 2013 map shows the zone lines in the correct locations and the PRD-M Overlay District correctly located on the map as previously approved by Town Meeting. The 2013 Zoning Map 8 is drawn to reflect the intent of Article 13 of 1989. The 2013 map shows the zone line in the correct location as previously approved by Town Meeting. The 2013 map shows the zone line in the correct location and the PUD-B Overlay District correctly located on the maps as previously approved by Town Meeting. The 2013 maps corrected the PRD-G Overlay District Omission to reflect Town Meeting approvals. G . 3~ LOCATIONS OF MAP CORECTIONS f _ 1 } I S Yd. r Al ~ z f 4Y e"S ° R 9 COMMUNITY n.t PLANNING 6 DEVELOPMENT commissio ? de(76i Nit 10'1 3 b The motion under this article is intended to read as follows: Move that section 3.2 of the Zoning Bylaw of the Town of Reading be deleted in its entirety and replaced with the following language: 3.2 Zoninq Mao Districts are shown, defined and bounded on the map dated April 8, 2013 entitled "Reading Zoning Map", as amended, consisting of an index map and 61 detailed maps, approved by the Community Planning and Development Commission, which constitutes a part of the Zoning Bylaw. The "Reading Zoning Map" shall be kept on file by the Town Engineer who shall supply copies to the Town Clerk, the Town Planner, the Building Inspector, the Board of Appeals, and the Community Planning and Development Commission. The "Flood Insurance Rate Map, Town of Reading, Massachusetts Middlesex County" consisting of 7 panels, dated June 4, 2012 and the map entitled "Aquifer Protection Overlay District Map, Town of Reading" dated September, 1985 consisting of 1 panel are incorporated into and made a part of the "Reading Zoning Map". Finance Committee Report: No report. Bvlaw Committee Report: The Bylaw Committee recommends the subject matter of Article 23 by a vote of 3-0-0. ARTICLE 24 To see if the Town will vote to amend Article 2-15 of the Reading Home Rule Charter as follows (language with GtFikethFGUgh shows deletions/words in bold denotes new language): No final affirmative vote of a Town Meeting on any Warrant Article shall be operative until after the expiration of seven (7) days following the dissolution of the Town Meeting except the following: (a) a vote to adjourn or dissolve, (b) votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year, (c) votes for the temporary borrowing of money in anticipation of revenue, or (d) a vote declared by preamble by a two-thirds vote of Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed within the said seven (7) days, the votes of the Town Meeting shall then become operative. (a) Referendum Petition - If, within said seven (7) days, a referendum petition signed by not less than three (3) percent of the voters certified by the Registrars of Voters containing their names and addresses is filed with the Board of Selectmen requesting that any question affirmative vote of Town Meeting be submitted to the voters in the form of a ballot question, such ballot question to be in the form required in (b) herein, to the voters, then the operation of the Town Meeting vote shall be further suspended pending its determination as provided below. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election that shall be held within thirty (30) days or such longer period as may be required by law after issuing the call, for the purpose of presenting to the voters any such ballot question. 38 31 to ' If, however, a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that any such ballot question be presented to the voters at that Election. (b) Form of Referendum Petition/Ballot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: - "Shall the Town vote to approve the action of the representative Town Meeting whereby it was voted on (insert date of town meeting) to (insert complete language of the vote in the same form in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting)"? The form of the referendum petition shall in conformance with this section. The circulator(s) of the referendum petition may make additional copies of the petition form, but such copies must be an exact duplicate thereof. The petition form may not be altered in any way. No extraneous markings, such as underlines, highlighting, erasures, marking out or insertion of words, or other information, are allowed on any area of the petition form. Any such extraneous markings on, or alterations of the petition form, or copies of the petition form that are not exact duplicates, will result in the invalidation of all signatures contained on that petition form. Extraneous markings do not include signatures or addresses. Each petition form shall include language informing voters that additional markings will disqualify the signatures on the petition form; that for their signature to be valid, they must be a registered voter of the Town of Reading; that their signature shall be written as they are registered; that they should not sign the petition more than once; and that if they are prevented by physical disability from writing, that they may authorize some person to write their name and residence in their presence. The back of each petition form where signature lines appear shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side". Upon request, the Town Clerk shall provide a Town referendum petition/ballot question form with the final article language voted at Town Meeting. The Town Clerk shall deliver A) 5 paper copies or B) an electronic version by email at the requestor's option. Provided forms shall be deemed compliant with form conformance requirements. In computing time (days) following the dissolution of the Town Meeting, only days when the Town Hall is open for business shall be counted. In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies; or take any other action in respect thereto. Board of Selectmen Backaround: A) The proposed amendments to Reading Home Rule Charter Section 2-15, Referendum Procedure aligns Reading's Referendum Petition language with State of Massachusetts law requiring the governing authority to provide petitioners with a proper blank petition form to avoid variant or invalid petitions being returned. B) The amendment also aligns the petitioner filing days requirement to the Town Hall's ability to accept the petitioner filing. The existing 'business days' definition is misaligned to the scheduling of Town Hall closures during the business week. 39 lrP, 5 U This proposed definition is presently used in Reading General Bylaw, Sec 4.1.5.3 for similar reasons. Following discussion with the Bylaw Committee, the proponent of this article has agreed to not move forward with the changes to the definition of the time to act, deferring instead to take a more comprehensive look at that issue in the Charter and General Bylaw at the Subsequent Town Meeting. If passed by a 2/3 vote at this Town Meeting, this Charter amendment, and any Subsequent Town Meeting Charter Amendment addressing the question of calculation of timing and definition of "day" would appear on the ballot of the 2014 Town Election. The language of the motion under this article will therefore read as follows: ARTICLE 24 Move that the Town vote to amend Article 2-15 of the Reading Home Rule Charter as follows (language with stFikethFOUgh shows deletions/words in bold denotes new language): No final affirmative vote of a Town Meeting on any Warrant Article shall be operative until after the expiration of seven (7) days following the dissolution of the Town Meeting except the following: (a) a vote to adjourn or dissolve, (b) votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year, (c) votes for the temporary borrowing of money in anticipation of revenue, or (d) a vote declared by preamble by a two-thirds vote of Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed within the said seven (7) days, the votes of the Town Meeting shall then become operative. (a) Referendum Petition - If, within said seven (7) days, a referendum petition signed by not less than three (3) percent of the voters certified by the Registrars of Voters containing their names and addresses is filed with the Board of Selectmen requesting that any question affirmative vote of Town Meeting be submitted to the voters in the form of a ballot question, such ballot question to be in the form required in (b) herein, to the voters, then the operation of the Town Meeting vote shall be further suspended pending its determination as provided below. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election that shall be held within thirty (30) days or such longer period as may be required by law after issuing the call, for the purpose of presenting to the voters any such ballot question. If, however, a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that any such ballot question be presented to the voters at that Election. (b) Form of Referendum Petition/Ballot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: - "Shall the Town vote to approve the action of the representative Town Meeting whereby it was voted on (insert date of town meeting) to (insert complete language of the vote in the same form in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting)"? The form of the referendum petition shall in conformance with this section. The circulator(s) of the referendum petition may make additional copies of the petition form, but such copies must be an exact duplicate thereof. The petition form may not be altered in any way. No extraneous markings, such as underlines, highlighting, erasures, 40 ~ ` ~G~ marking out or insertion of words, or other information, are allowed on any area of the petition form. Any such extraneous markings on, or alterations of the petition form, or copies of the petition form that are not exact duplicates, will result in the invalidation of all signatures contained on that petition form. Extraneous markings do not include signatures or addresses. Each petition form shall include language informing voters that additional markings will disqualify the signatures on the petition form; that for their signature to be valid, they must be a registered voter of the Town of Reading; that their signature shall be written as they are registered; that they should not sign the petition more than once; and that if they are prevented by physical disability from writing, that they may authorize some person to write their name and residence in their presence. The back of each petition form where signature lines appear shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side". Upon request, the Town Clerk shall provide a Town referendum petition/ballot question form with the final article language voted at Town Meeting. The Town Clerk shall deliver A) 5 paper copies or B) an electronic version by email at the requestor's option. Provided forms shall be deemed compliant with form conformance requirements. In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. Finance Committee Report: No report. Bvlaw Committee Report: The Bylaw Committee recommends the subject matter of Article 24 by a vote of 3-0-0. The Bylaw Committee although in favor of the entire subject matter of the article is recommending approval at this Town Meeting of the section of the article requiring the governing authority to provide petitioners with a proper blank form to avoid variant or invalid petitions being returned. The Bylaw Committee has been informed that the part of the article addressing the aligning of the petitioner days should be delayed at this Town Meeting and taken up at the subsequent Town Meeting in November. The Bylaw Committee although fully in favor of this section of the article does agree that it should be delayed until the Subsequent Town Meeting. ARTICLE 25 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 Marc Pinette Thomas J Ryan Precinct 2 Walter Carroll David Wayne Decker Christine Ford 41 -I qo Priscilla Ryan William C Ryan George Snow Precinct 3 Michael A Bertone Norman W Blanchard Rachelle Garcia Lawrence A Hurley Michael J McDade Sheila C Spinney John P Tuttle Precinct 4 None Precinct 5 Megan Boissonneau Precinct 6 Christopher R Campbell Donna L Dudley Frank Kyle Valarie Perry Precinct 7 Darlene C Porter Precinct 8 Kevin Walsh Board of Selectmen Background: The Reading Home Rule Charter provides for the removal by Town Meeting of Town Meeting Members who did not get sworn in within 30 days of being elected or appointed, or who did not attend at least half of the Town Meeting sessions during the previous year. There are 22 members who meet these criteria. The remaining Town Meeting Members from Precincts 1, 2, 3, 5, 6, 7 and 8 will be asked to meet in a caucus before this Article is taken up, and to evaluate the particular circumstances of each of these situations for the listed Town Meeting members within their precinct. The affected precincts will then make a recommendation to Town Meeting as to whether the member should be removed Finance Committee Report: No report. Bvlaw Committee Report: No report. 42 4 COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE GOVERNOR 1 p State House. Room 360, Boston. MA 02133 j} (617) 725-4005 FAX (617) 7'_7-5'_91 &V'3 APR ~3 AM it: 05 OW DEVAL L. PATRICK TEL: (617) 727-2040 GOVERNOR FAX: (617) 727-2779 TIMOTHY P. MURRAY www.mass.gov/anf LIEUTENANT GOVERNOR GLEN SHOR SECRETARY April 1, 2013 Ms. Camille W. Anthony, Chairperson Town of Reading 16 Lowell Street Reading, MA 01867 Dear Ms. Anthony: We are pleased to inform you that, on March 13, 2013, we filed a transportation bond bill to authorize and fund The Way Forward: A 21 st Century Transportation Plan. The Way Forward is a comprehensive 10-year plan to modernize and expand our transportation system to spur economic growth, create jobs and improve the quality of life for residents across the Commonwealth. The Way Forward, funded by both existing revenues and additional revenues raised through our tax reform proposal, provides $3.4 billion over the next decade to provide $300 million annually (indexed for inflation).in Chapter 90 funds. This is a 50 percent increase over Fiscal Year 2013, to be distributed to cities and towns to support your local transportation needs beginning this spring. This letter certifies that the Town of Reading Chapter 90 apportionment for Fiscal Year 2014 is provisionally $909,512, based on enactment of the bond bill and of new revenue to support providing Chapter 90 funding at $300 million annually. This is a provisional allocation for information purposes only; no contracts, agreements or projects are approved for reimbursement until the passage of a bond bill authorizing the Chapter 90 program and additional revenue necessary to support to the funding. Without the passage of either our tax reform proposal or additional revenue that is derived from options substantively comparable to that which we have proposed, investment in the Chapter 90 program will not be implemented. Without enactment of our plan, necessary road and bridge projects, including your local transportation needs, will go unaddressed, creating longer commutes, eliminating public transit options and slowing economic recovery and growth. Once a bond bill authorizing the Chapter 90 program and sufficient revenues - either through our tax reform proposal or an equitable plan - enacted into law, this apportionment will be automatically incorporated into your existing 10-year Chapter 90 contract which was signed in Fiscal Year 2008 and is posted on the MassDOT website httn://www.massdot.state.ma.us/chaDter9O. The scope of the final Chapter 90 lqv authorization will determine the final apportionment for both Fiscal Year 2014 and the next nine years. Your contract will be automatically updated based on available funding. We look forward to working closely with your community to ensure the continuing success of the Chapter 90 program and our other investments to modernize and maintain a transportation system that spurs economic growth and creates jobs across the Commonwealth in the years to come. Please feel free to contact Matt Bamonte at (857)368-9151 with any questions you may have regarding the Chapter 90 program. Sincerely, b Governor Lieutenant Governor c q~ f Board of Selectmen Meeting February 26, 2013 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 7:07 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena, Police Chief James Cormier, Sgt. Detective Mark Segalla and the following list of interested parties: Kevin Brown, Gary Catalfamo, Bill Brown, Frederick Van Magness, Stephen Crook, Dick Curtis, Ruth Urell, Naomi Kalman, Karen German, Adele and Ralph Blunt, and Manuel German. Reports and Comments Selectmen's Liaison Reports and Comments - James Bonazoli congratulated Youth Liaison Eric Johnson on doing five strokes in the Polar Plunge. He noted that he owes him $140 for his achievement. Ben Tafoya noted he would go half and contribute $70. Personnel and Appointments Conservation Commission and Council on Aaing - Richard Schubert noted that he and Ben Tafoya conducted interviews of the applicants. A motion by Bonazoli seconded by Schubert that the Board of Selectmen confirm the Volunteer Appointment Subcommittee's recommendations to the Board of Selectmen for the appointment of the following members to Boards. Committees and Commissions: ♦ Christine Hansen to the Council on Aging with a term expiring June 30, 2015: ♦ Kevin Scott to the Conservation Commission with a term expiring June 30, 2015 The motion was approved by a vote of 4-0-0. Discussion/Action Items Hearing - Liauor License Transfer from Northside Liauors 150 Main Street to Jay and Ricky Inc. 212 Main Street - The Secretary read the hearing notice. The Town Manager noted this will be a new location for the store. The plan is to split JK Market in half by putting up a wall. The only staff comments are that there are nonconforming signs on the site. Attorney Howard Rock presented the green cards to the Town Manager and noted that two locations did not return the receipt so he and Mr. Patel went out to contact those two. He noted that the agreement is for a 12,000 square foot package store. Mr. Patel is a . 7,5z, 1 Board of Selectmen Minutes - Februarv 26. 2013 - Dage 2 resident of Reading and business owner for over 18 years. The strip mall owner is JK Realty Trust and Mr. Patel has control. There were no complaints about his store. Richard Schubert noted that it appears to be only one entrance and no second means of egress for deliveries. He's also concerned that a doorway could be installed leading into the market. Attorney Rock noted if the Selectmen find it desirable his client could install a second egress. Richard Schubert asked how the corporation will be run and it was noted that the wife will run the market and Mr. Patel will run the liquor store. They have both had TIPS training and purchased a machine to check ID's. Fred Van Magness indicated he thought all structures had to have a second means of egress and the Town Manager noted that the Building Inspector will determine if it is needed. Ben Tafoya asked about the status of the abutters and the Town Manager indicated they were all notified and he heard nothing from them. Ben Tafoya encouraged Mr. Patel not to accept out of state ID's. James Bonazoli had concerns about large deliveries of liquor in that parking lot and asked the Town Manager to keep an eye on that. A motion by Tafova seconded by Bonazoli to close the hearing on the transfer of the Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be drunk on the premises from Northside Liquors, 150 Main Street to Jav and Rickv Inc. 212 Main Street was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the transfer of the Retail Package Goods Store License for All Kinds of Alcoholic Beverages not to be drunk on the premises from Jai Vaishnodevi and Chirage Inc. d/b/a North Side Liauors, 150 Main Street to Jav and Rickv Inc. at 212 Main Street; Subject to the following conditions: ♦ Retail space will be limited to a total of 1.285 square feet as designated on the approved plan entitled "Proposed Renovations to Existing Store at 212 Main Street, Reading, MA, dated 12/23/12;" ♦ All Bvlaws, Rules, and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and that all signs at 212 - 214 Main Street shall be brought into conformance with the Reading Zoning Bvlaw prior to the opening of the store, and ♦ subject to a satisfactory inspection of the establishment by the Town Manager and certificate of occunancv prior to openingi The motion was approved by a vote of 4-0-0. ?aZ Board of Selectmen Minutes - Februarv 26. 2013 - pane 3 Town Manager Screenina Committee - James Bonazoli introduced the Screening Committee members Jacqui Carson, Brenda Sousa, Mark Dockser, John Doherty, Chief Cormier, Ben Tafoya, and himself. Carol Roberts was a nonvoting member. James Bonazoli announced the three finalists in alphabetical order: John D'Agostino, Town Manager in Abington, MA; Robert LeLacheur who has served as Assistant Town Manager in Reading since 2005; and Kerry Speidel, Town Administrator in Lunenberg, MA. James Bonazoli noted that the Town received 29 applications. The Screening Committee reviewed and evaluated 14 applications and interviewed 7. The Board discussed the schedule for interviewing the final candidates and it was decided to interview all three on March 5`h and then possibly make a final decision on March 12`h with March 19`h as the deadline. Stephen Goldy indicated this was not the final report of the Screening Committee because anything could happen. He requested that the resumes and packet be put on the website tomorrow. Close Warrant 2013 Annual Town Meeting - The Town Manager reviewed 27 Articles. He noted that he is removing the draft Article 19 because the Causeway Road land was taken by tax title and the Selectmen can dispose of that at any time. He is also removing the draft Article 18 because Engineering does not have enough time to prepare. The Town Manager noted that Article 22 deals with the Animal Control Bylaw. The state has made banishment illegal so that needs to be removed from your bylaw. Also, the Selectmen can decide not to charge a fee for residents 70 years and older. Stephen Goldy noted that the consensus of the Board is to waive the fee so keep that in the Article. Article 23 is to adopt a new zoning map - there have been 23 changes over the years. The Town Manager asked if the Board wants to eliminate fingerprinting for Class I, II and III license holders because they can change the bylaw or decide administratively. It was decided to remove this Article. The Town Manager recommended waiting until the Bylaw recodification is done in FYI 4 in order to eliminate the off premises signs section of the Bylaw. The consensus of the board was to remove that Article. The Town Manager noted that Article 25 is now 24 and Selectman John Arena requested this Article and the vote failed 2-2. Stephen Goldy indicated he would support putting this Article on the Warrant. Ben Tafoya noted there are two parts to this Article - one is to have the Town Clerk do something and the other is to change the clock. Stephen Goldy noted that the Article can be left on and then it can be tabled if the Board wants. ~ ~3 Board of Selectmen Minutes - February 26, 2013 - nape 4 Stephen Goldy noted that the Capital Plan needs to be revisited in reference to Fred Van Magness' remarks that the Town is facing a number of projects and the cemetery garage has been in the plan for a couple of years. He feels it is wrong to spend $1.5 million to build a garage when it could be spent elsewhere. The Cemetery operation could function at the DPW garage. If the garage is built at one of the cemeteries the employees will still have to visit the other cemeteries. Bob LeLacheur noted that there is $100,000 in the budget for a study and he's on the committee. The fastest action will be at the Fall Town Meeting to authorize $400,000 next year. He noted that three proposals have been received. Fred Van Magness noted that the process can still be stopped until it is determined if this is such a high priority. A motion by Tafoya seconded by Bonazoli that the Board of Selectmen close the Warrant consisting of 25 Articles for the Annual Town Meeting to take place on April 22, 2013 at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, at 7:30 p.m. was approved by a vote of 4-0-0. Hearing - Joint Annroval with the Library Board of Trustees of a Policy Establishing a Library Building Committee - The Secretary read the hearing notice. Library Trustees David Hutchinson, Victoria Yablonsky, Alice Collins, Richard Curtis, and Cherrie Dubois were present at the Library Board was called to order. The Town Manager noted that the Library Board made proposed changes. The Historical Commission member has been removed but will be available. Two emails were received; one from Fred Van Magness and one from Mr. Crook. It was noted that posting of meetings is not included in the policy. David Hutchinson noted that this committee is for oversight, not for design or strategic purposes and he is confident this is the right mix. Stephen Goldy noted that Fred Van Magness is requesting a Selectman or designee be on the committee. By Charter the facility is the charge of the Town Manager. Mr. Van Magness noted that half of the committee is made up of library folks with no big building experience. Stephen Goldy noted that Ben Tafoya is the Selectmen's liaison and we could add the liaison to the committee. Ben Tafoya indicated this is a large enough body of people that someone would raise their hand if they hit a stumbling block. The project is too time consuming and too big for him to take on. James Bonazoli noted that if this committee is more financial oversight perhaps there should be two Finance Committee members on it. Also, he does not like the fact that the Moderator appoints three members because there needs to be more than one person's opinion. The Town Manager noted that a recent Charter amendment requires a multimember appointment committee so it should be the Moderator, Chairman of the Library Trustees, and Chairman of the Board of Selectmen. -7"' Board of Selectmen Minutes - Februarv 26, 2013 - page 5 Dan Ensminger, candidate for Board of Selectmen, asked if the Clerk of the Works has been determined yet and the Town Manager indicated that will be the Facilities Director who will report to the Town Manager. A motion by Bonazoli seconded by Schubert that the Board of Selectmen and Board of Librarv Trustees close the hearing establishing a Librarv Building Committee was approved by a vote of 9-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen and Board of Librarv Trustees approve the volicv as amended with the Moderator, Chairman of the Librarv Trustees and Chairman of the Board of Selectmen being the appointing authoritv and to report to the Board of Selectmen was approved by a vote of 9-0-0. Designation of Members of the Librarv Building Committee as Special Emplovees - The Town Manager suggested making members of the Building Committee as special employees. The designation would be the whole committee, not individuals. A motion by Bonazoli seconded by Tafova that the Board of Selectmen designate the members of the Library Building Committee as Special Emolovees was approved by a vote of 4-0-0. Draft Regulations - Licensing/Fingemrint Bvlaw - Police Chief James Cormier and Sgt. Detective Mark Segalla were present. Chief Cormier noted that he reviewed the policies. The Police can only do a limited check on applicants, but the Selectmen have options: Option 1 is to do nothing and the Police will do an internal check that only happens in Reading. Option 2 is to have the Human Resource Administrator of the Town do the CORI check and make a recommendation to the Board but the information cannot be shared. Option 3 is to have the Police department do a fingerprint record check that is national. The information is used strictly for this purpose and is not saved in the system. The fee to the State is $30 and we can charge the maximum of $100. Option 4 is to designate the Chief of Police to run the full background check. Chief Cormier noted that Class I and II are considered dealers of second hand articles in his opinion. He noted there was concern of duplication of state efforts so he contacted the State Police and we will not be duplicating efforts. He noted that when plates are applied for, the State Police go out and check out the facility and that's it. Chief Cormier noted that the law went into effect on May 4, 2012 but the State is not able to supply this information until this summer. Board of Selectmen Minutes - Februarv 26, 2013 - pate 6 The Town Manager noted there could be a different process for each license. Richard Schubert asked if there was a way to treat existing businesses differently and Chief Cormier noted that the Board could have new applicants be fingerprinted but not at renewals. Stephen Goldy noted that all who are affected should be notified and he is not prepared to make a decision. Kevin Brown, 588 Pearl Street, noted he's been in Reading for years. He researched what Town Meeting approved and Stoneham's bylaw excludes motor vehicles. He posts a $25,000 bond and proof of workers compensation. Class I sells used vehicles too so why not them? He noted that everything he sells has a VIN number and a traceable title. The owner of 128 Tire indicated he fully agrees with Mr. Brown and he also understands the Chiefs concern. He was robbed himself. Perhaps the Town could consider grandfathering. Charles Gray, 431 Main Street, asked what incident brought this about in Reading and Stephen Goldy indicated there was no particular incident, the Board is trying to be proactive about the best way to protect residents. James Bonazoli noted that the Board is not trying to attack anyone as an individual. There has been an increase in thefts and break-ins and they have to look at what is best for the community. Charles Gray noted that he runs a respectable licensed facility and he is not selling stolen parts. It's the people on the internet with no licenses who are the criminals. Kevin Brown noted that fingerprinting has its time and place. He asked if we fingerprint contractors who are going into residents' homes. Stephen Goldy noted that the licensees will be notified the next time this is on the agenda. Hearina - Parkine Regulations - Downtown - The Secretary read the hearing notice. The Town Manager noted that the MBTA gave the Town a license for the lot on Vine Street and staff recommends using those spaces for commuter parking. Also, the dentist office on Woburn Street is asking to change the two hour parking on Woburn Street to all day with a sticker. A resident suggested cutting back a bit for a sight line. James Bonazoli noted that the blue zone is $24/month and only business owners can purchase them. Chief Cormier indicated that the blue zone is also for employees and abutters and abutters are free. Board of Selectmen Minutes - Februarv 26. 2013 - t)age 7 Rick Schaffer asked if the intent of the blue zone on Woburn Street is just for a dentist and Stephen Goldy indicated that person is having a problem with employee parking and we are trying to find the best solution. Rick Schaffer noted the parking there is very light except for on Sundays. He suggested designating one or two spaces near Brande Court and the Town Manager noted that the dentist says the employees are being forced to park further away. He also noted he has a hard time backing out of his driveway. Chris Vacarro, 57 Woburn Street, noted that parking on Woburn Street is erratic - mostly for church on Sundays and pick up of kids. It is a residential neighborhood. Phil Maher asked if the Town could add a couple of spaces to the Brande Court lot and it was noted that there is no pedestrian access to Woburn Street. Naomi Kahman, 64 Woburn Street, noted that businesses should work together to solve the problem. She noted that the street is heavily utilized and there is not enough passage with parking on the side. She can't see pulling out of her driveway. She asked the Board to vote no. Adele Blunt, 32 Linden Street, indicated she cannot see coming out of Linden Street if cars are parked there. She asked if there is any talk about widening Linden Street and the Town Manager noted that is part of the downtown improvement project. A motion by Bonazoli seconded by Schubert that the Board of Selectmen close the hearing on downtown parking regulations was approved by a vote of 4-0-0. A motion by Tafova seconded by Schubert to amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28. 1995. for the Town of Reading. by inserting the language "Vine Street - On the southerlv side. beginning at the intersection with High Street proceeding westerlv for a total of 42 parking spaces." after line 13 of Appendix A-8 relative to Resident Parking Permit Onlv from 6:00 a.m. to 10:30 a.m. was approved by a vote of 4-0-0. A motion by Tafova seconded by Bonazoli to amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28. 1995, for the Town of Reading, by striking the language "in four (4) designated spots" in line 13 of Appendix A-4 relative to Two Hour or All Dav with Emplovee Parking Permits and replacing it with the language "to the intersection with Linden Street until 54 Woburn Street was approved by a vote of 4-0-0." Hearing - Liauor License Transfer - Wine Shot) of Reading - The Town Manager noted that the applicant has decided to withdraw their application because they are looking at a location on Haven Street. A motion by Tafova seconded by Bonazoli to accept the withdrawal of the application for the liauor license transfer from Reading Fine Wines LLC to Pamplemouse. Inc. was approved by a vote of 4-0-0. 7a~? Board of Selectmen Minutes - Februarv 26. 2013 - nacre 8 Approval of Minutes A motion by Bonazoli seconded by Tafova to approve the minutes of Januarv 22,, 2013 was approved by a vote of 4-0-0. The Town Manager noted that CTC Gold Refinery has changed ownership and asked if the Board wanted a hearing. The Board asked if there have been any problems and there being no problems, the Board indicated they did not want a hearing. A motion by Bonazoli seconded by Tafova to adiourn the meeting at 10:45 p.m. was approved by a vote of 4-0-0. Respectfully submitted, Secretary Board of Selectmen Meeting March 5, 2013 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 6:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Human Resource Administrator Carol Roberts, Office Manager Paula Schena, and the following list of interested parties: Dan Ensminger, Marsie West, Lin Chabra. Discussion/Action Items Interview Applicants for the Town Manager Position - Stephen Goldy noted that interviews will take place tonight and then discussion and possible decision on March 12, 2013. He reviewed the procedure for the interviews. It was noted that if a question is asked of one candidate it should be asked of all candidates as long as it is pertinent. Dan Ensminger asked if the Board would take questions from the audience and it was noted they would not. Robert LeLacheur - The Board introduced themselves to the Assistant Town Manager Robert LeLacheur and thanked him for applying for the position. John Arena asked how Mr. LeLacheur came to the conclusion on accommodated costs in the budgeting process. Mr. LeLacheur noted that it came to him several years ago as a Finance Committee member when parents would show up at budget meetings regarding special education costs. He felt the best way to deal with special education was to take it out of the budget and make it an accommodated cost. Once people thought about it they realized it was a good idea. He discusses this with the schools every year to make sure it is working and it is. It could be changed at any time if they feel it does not work. Richard Schubert asked Mr. LeLacheur what experience he brings to the Town. Mr. LeLacheur noted that he found out when he was younger that knowing technology is a good way to attract people. Finances are confusing to some people so specializing in that helped him make friends fast and it also helped him to understand other employee's jobs. He noted that he has insight as to why groups ask certain questions. He noted that when he has filled in for the Town Manager he has enjoyed it. He is extremely responsible and will own up to mistakes. He is looking forward to the challenge. Stephen Goldy noted that there will be a change on the Board of Selectmen and asked how he will deal with that. Mr. LeLacheur indicated he will need to listen to them and the question is what does the Town want to be when we grow up. The Board might want -7b I Board of Selectmen Minutes - March 5, 2013 - naae 2 to relook at the Charter. He likes different view points and tends to get along well with all the "grouchy" people. He doesn't get along well with the phonies. Ben Tafoya asked what his first 100 days on the job would consist of. Mr. LeLacheur noted that he would listen to people and talk to them. He has ideas but won't discuss unless he is hired. He would like to have more retreats. James Bonazoli noted that Mr. LeLacheur had a unique background and asked why he has chosen this track. Mr. LeLacheur noted that the people he's working with now are more like him. The private sector and Reading are very similar but the best practices in the private sector are not necessarily the best for towns. He likes being a pioneer. James Bonazoli asked how he would educate the Board of Selectmen and employees on the difference between public versus private. Mr. LeLacheur noted that MIIA picks Reading as a base for health negotiations because our unions work hand in hand. The unions in Reading are respectful. He also noted that the typical new employee has had more than one job. Stephen Goldy asked Mr. LeLacheur how he would deal with emergency management. Mr. LeLacheur noted that Reading is so well planned that surrounding communities hope if something happens that Reading will respond. He also noted that in an emergency the Town Manager is not in charge. We have emergency management employees to handle that. Reading is a well prepared town. Richard Schubert asked Mr. LeLacheur how he would manage the transition to changes. Mr. LeLacheur noted that if a service is drastically cut then he needs to take the time and make sure people are involved. It that is achieved then you reduce the legitimacy of complaints. It is best to deal honestly and directly. Communication takes many forms and is important. John Arena asked how he deals with doing the right thing and doing things right. Mr. LeLacheur noted that is driven by the amount of changes. He leads by example and finds that is the most effective style. Ben Tafoya asked if there are parts of the job that he is not comfortable with. Mr. LeLacheur indicated he has never been part of union grievances and if there is a big outcry to talk to the new Town Manager that could be a problem. Ben Tafoya asked about the other departments and Mr. LeLacheur noted he understands the responsibilities of all departments through the budget process. Regional agreements are good but he is not familiar with all of the grants. Ben Tafoya asked how he will pull together the team of Department Heads and Mr. LeLacheur noted that the team is already excellent and works together very well including schools. Stephen Goldy asked Mr. LeLacheur asked if he is a collaborative person and Mr. LeLacheur noted that growing up he was told he had one mouth and two ears and his mother said he had to listen twice as much. He often speaks last because when you speak bz Board of Selectmen Minutes - March 5. 2013 - naee 3 less everyone listens when he does talk. All in all it's a matter of what's important and what isn't. James Bonazoli asked how he deals with the fact that we count on State and Federal funds and Mr. LeLacheur noted that his interaction with the State politicians has been less over the past few years because there is no money. He noted that regional issues are powerful and we have three good state representatives. Richard Schubert remarked on Mr. LeLacheur's financial and technology background and asked what is needed. Mr. LeLacheur noted that the Town needs someone with different skills. The biggest need is communication and coordinating all of the communication of the Town. His dream is to send out one bill four times a year. He noted he attended a retreat on communication. Richard Schubert asked about the amount of time it takes to pull together the budget. Mr. LeLacheur noted that before he was hired the Town Manager did it. It's a lot easier now and he doesn't spend a lot of time on the budget. He looks at the practical aspects of finance. He does a lot of communication with the departments. John Arena asked Mr. LeLacheur about his role with the business community. Mr. LeLacheur noted that a lot of the business owners have told him they hope he gets the job. He suggested looking at Reading's rules and regulations to determine if this is what we need to be doing. Some businesses come from other towns and want to do things the way they did in other towns but he doesn't hear as many complaints as he used to. Stephen Goldy asked Mr. LeLacheur how he would deal with all of the Boards, Committees and Commissions. Mr. LeLacheur noted that as a resident he would like to attend one meeting and get everything done. He indicated that the Boards, Committees and Commissions need to work well together. James Bonazoli asked who's role that would be and Mr. LeLacheur noted it is the Town Manager's role to bring them together. He noted that during budget cuts he worked with various Boards, Committees and Commissions and they were not adversarial. They understood they could move forward. Stephen Goldy asked Mr. LeLacheur how creative he is in solving problems. Mr. LeLacheur noted in regionalization effort the assessing situation was painful but is great now. The Board of Assessors had been meeting 45 times per year. We signed an agreement with Wakefield to share the Appraiser and the Board of Assessors meet only one time a month now. Regionalization is also a good way to know your neighbors. Richards Schubert asked Mr. LeLacheur if he has ever been fired or released from a job. Mr. LeLacheur noted that Solomon Brothers encouraged him to leave before a business line was dissolved, otherwise no. James Bonazoli asked if it will be hard to separate being a resident from being the Town Manager. Mr. LeLacheur noted he is a resident first. He receives fewer calls now than 0 Board of Selectmen Minutes - March 5. 2013 - naize 4 when he was on the Finance Committee. He doesn't feel he needs to segregate life and noted that people are respectful. Mr. LeLacheur indicated he is appreciative as to how he got here and for this opportunity. He noted that the process is very thorough and handled very well. John D'A2ostino - The Board of Selectmen introduced themselves to Mr. D'Agostino. Mr. D'Agostino noted he had 31 years in public service including serving as Town Manager in Abington, Mansfield and Blackstone. His qualities include collaborative work in teams and groups and he feels a high level of transparency is important. He noted that the Town Manager is the steward and he takes a top down bottom up approach. He feels it is important for residents to know that leadership starts at the top down. He also found out what is printed in the newspaper is not always true. Stephen Goldy asked Mr. D'Agostino to address certain issues that came up when the Board did their due diligence. Mr. D'Agostino noted that when he was hired in Abington he was a change agent. He made changes with the blessing of the Board of Selectmen at that time. Some people were unhappy with the changes. There were elected officials representing private companies and they did not want change. There was also a Board of Assessors member who was brought up on ethic charges. There were no televised Board, Committee or Commission meetings. In addition, the trash program was highly overpriced so he implemented a change and that was a nip and tuck process. There were multi-year employee contracts that were not legal. All in all he unearthed issues and the residents will tell you his tenure was productive. John Arena asked Mr. D'Agostino about his relationship with the schools. Mr. D'Agostino noted that he met with the Assistant Town Manager first and the Superintendent of Schools second. The High School was loosing their accreditation. If the schools fail then the town fails. He noted that Abington had $720,000 negative cash flow and he helped them to become more efficient. Mr. D'Agostino noted that people move in and out of communities because of schools and crime. There is a need to create an environment where the kids will be successful. Richard Schubert asked Mr. D'Agostino about his experiences in Mansfield. Mr. D'Agostino noted that his departure was due to a change in philosophy. The Board of Selectmen took a vote in Executive Session to fire an employee. There was a sexual harassment claim that was investigated by the MCAD and an attorney and there was a finding of no sexual harassment. The Town combined the claims and settled. It was the best money spent. Richard Schubert asked Mr. D'Agostino about his strategy to meet with the community. Mr. D'Agostino noted that he will ask the Department Heads and Superintendent what they need from him. He noted he meets with the Lions Club and Rotary Club so they have a face and presence from local government. It will take him approximately 30 - 45 0 Board of Selectmen Minutes - March 5. 2013 - nacre 5 days to make sure the stakeholders have what they need to be successful. He likes to spend about one and a half hours in a coffee shop talking to people to get information. Ben Tafoya asked him what his budget process would be like in Reading. Mr. D'Agostino noted that he would attend every Finance Committee meeting and would hold budget hearings with each Department Head. He would look at processes for duplication, i.e. his Health Agent requested a half time person with benefits. She ended up with a hand held program for $4,500 that she could take to the restaurants with her so she didn't need the half time person. Mr. D'Agostino noted he is a strong advocate for debt exclusions. Stephen Goldy asked Mr. D'Agostino how he handled tough budget times and Mr. D'Agostino noted that he regionalized Veterans Services; consolidated inspectors to streamline staff support; and established a policy on use of stabilization funds. James Bonazoli asked what the role of Town Hall is and Mr. D'Agostino noted the role of Town Hall is to meet the needs of the community. It's not what we do, but how we do it. John Arena asked how a split residential and business tax base relates to businesses. Mr. D'Agostino noted that Mansfield has a 21% industrial park tax base. He convinced Samsonite Luggage to move to Mansfield and they gave Samsonite a lower tax rate for a few years and that helped to stimulate the economy. James Bonazoli noted that change in the public sector is hard and he asked how he would report to a community who is private sector oriented. Mr. D'Agostino noted that positions can be saved by changing healthcare plans. Richard Schubert asked Mr. D'Agostino what his greatest strength is and Mr. D'Agostino noted that he will not ask employees to do something he's not willing to do himself. The goals and objectives belong to everyone. It's all about results. He wants to know how productive employees will be. He delegated grant writing to his Assistant Town Manager and she stayed there until 10:30 - 11:00 p.m. to finish the grant. Stephen Goldy asked about an example of emergencies that he has dealt with. Mr. D'Agostino noted that Mansfield is an emergency accredited community and he is involved before and after the storms. He set up a centralized phone bank. He had four new people in DPW so they gave them GPS to tell them where to plow. He also invested in sidewalk plows last year and they were able to open school one day earlier than other communities. Stephen Goldy asked how he balances economic development, public safety and drug and alcohol use and Mr. D'Agostino indicated he created a special entertainment license requiring the Police. Education/intervention also helps but is not one single answer. b,.5' Board of Selectmen Minutes - March 5. 2013 - oaae 6 James Bonazoli asked what the biggest challenges are and Mr. D'Agostino indicated there is duplication of resources in each community. Costs are increasing more than revenues and the challenge is to save money to provide the same level of service. Mr. D'Agostino thanked the Board for the opportunity to be here. He indicated his goal was to inherent a community and make sure it is better off by the time he leaves. Kerry Spiedel - The Selectmen introduced themselves to Ms. Spiedel. Ms. Speidel indicated she has 20 years of experience in municipal government. Half of that was in management and half was in finance. She is currently the Town Manager in Lunenberg which is a full service community of 10,000 residents. She has worked in communities as small as 3,000 residents up to 100,000 residents. Ms. Speidel noted that she knows Reading's standards and it is a well run town with high ethics. John Arena asked how she would work with constituents regarding schools and how is the budget split determined. Ms. Speidel noted that she meets regularly with the Superintendent of Schools. Lunenberg does not use the same process as Reading. They plan out a four year budget and look at all of the department's needs. They take input from everyone but there is no standard formula. They lost a lot of students due to regionalization. Stephen Goldy asked for examples of creative budgeting. Ms. Speidel noted she was able to negotiate changes in the health insurance that resulted in tremendous savings. She also noted that the Nashoba Valley Regional Dispatch District will open in July and Lunenberg will be the first community. This will save approximately $100,000 a year and that will allow them to have two Dispatchers working. The savings will go back into public safety. Richard Schubert asked Ms. Speidel how she establishes her role in the town. Ms. Speidel indicated communication and making herself available. She returns phone calls and produces good reliable data. John Arena asked about her challenges with surrounding communities. Ms. Speidel noted that Lunenberg is bordered by Harvard, Lancaster, Fort Devons, Ayer, and Shirley. She meets regularly with her counterpart in those communities. They meet with State representatives to get funding for a road project. She's had success just talking with people. Stephen Goldy asked how she manages change on the Board of Selectmen. Ms. Speidel noted that is not an issue in Lunenberg. She has worked with seven Selectmen in five years. She knows what mode of communication each member likes. Stephen Goldy asked how she manages projects and Ms. Speidel noted that the Selectmen set the goals. Sometimes a member has a goal that others don't want, but if reasonable she will work on it. -)I/ Board of Selectmen Minutes - March 5, 2013 - Date 7 John Arena asked what drove changes throughout her career. Ms. Speidel noted that the first reason was to gain experience. She didn't have a family and she was young so she kept moving west. She wanted the experience of working and living in other parts of the country. An opportunity came up to work in finance so she moved back to Massachusetts. Richard Schubert asked if she had ever been fired or had a contract not renewed and Ms. Speidel indicated she did not. Mr. Schubert asked Ms. Speidel of her ideas of moving the Town forward. Ms. Speidel noted that she would have to become familiar with the Town Master Plan and meet with the Economic Development Committee. Reading is doing a lot of things very well and there isn't much that is not being done right. Ben Tafoya asked how she worked with Department Heads. Ms. Speidel noted that she does not hold weekly staff meetings. If there's an issue then she'll get together with a couple of Department Heads to work on issues but she doesn't have everyone sitting in when it doesn't concern them. James Bonazoli asked Ms. Speidel how she deals with public sector versus private sector mindset. Ms. Speidel noted that there is a real difference with how Boards approach negotiations. She said it feels like she has more unions than employees but in the end they all end up with the same. Stephen Goldy asked for an example of emergency management. Ms. Speidel noted that Lunenberg was hit with an ice storm on December 11, 2010 and they handled the emergency management very well. Whenever the emergency center is open she is there. She is also familiar with FEMA and MEMA reimbursement. Richard Schubert asked Ms. Speidel of her experience with the commercial base. Ms. Speidel noted she did a fair amount of economic development processing data when she was younger and she found out that businesses need certain things to survive. She noted that in Kansas the town had 50,000 residents, a university and Fort Trent. They had a local '/2 cent sales tax for improvements to the business community i.e. street lights, sidewalks, bike paths. James Bonazoli asked what are some of the challenges that she sees coming down the pike. Ms. Speidel noted that the biggest challenge is doing more with less. When we lost county government we lost the ability for regionalization. She indicated we need regionalization in Massachusetts. We don't need 351 of everything. Stephen Goldy asked if there are any opportunities to outsource. Ms. Speidel noted that they are looking to provide a lock up facility. They are outsourcing the sewer system because the one technician had 100 call backs last year. They are outsourcing the parks maintenance because they only had one person and it was too much for one person. Richard Schubert asked Ms. Speidel about her first 100 days. Ms. Speidel noted that there won't be a budget to put together so she would tour the facilities, meet with all of the Board of Selectmen Minutes - March 5. 2013 - naize 8 employees, meet with the Boards, Committees and Commissions, firm up goals, and meet people in the community. The Board thanked Ms. Speidel for participating. Stephen Goldy noted that the Board will do their due diligence and meet next week to discuss and possibly make a decision. A motion by Tafova seconded by Schubert to adiourn the meeting at 10:05 D.M. was aunroved by a vote of 5-0-0. Respectfully submitted, Secretary -)5K Board of Selectmen Meeting March 26, 2013 The meeting convened at 7:00 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Selectmen John Arena and James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Superintendent of Schools John Doherty, School Committee Chairman Karen Janowski and resident Bill Brown. The Chairman opened the discussion for public comment and there was none. A motion by Bonazoli seconded by Tafova the Board of Selectmen to go into Executive Session to discuss strategy with respect to litigation - TLT: and to discuss strategv with respect to the purchase. exchange, lease or value of real property: and that the Chair declares that an open meeting may have a detrimental effect on the negotiating position of the bodv: and to reconvene in Open Session at approximately 7:30 p.m. was approved on a roll call vote with all four members voting in the affirmative and the motion was carried. The Board of Selectmen came out of Executive Session at 7:30 p.m. A motion by Bonazoli seconded by Tafova that the Board of Selectmen recommend the subiect matter of Article 13 on the warrant of the 2013 annual Town Meeting in the amount of $72.000. to settle litigation exnenses between the Town of Reading and TLT. The motion was approved by a vote of 4-0-0. A motion by Tafova seconded by Bonazoli the Board of Selectmen voted to adiourn the meeting at 7:35 p.m. on a vote of 4-0-0. Respectfully submitted, Secretary 7/- C(c&,5 Ccomcast 1413 MAR 20 AM 10. 43 March 18, 2013 Via UPS overnight Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 RE: Price Adjustment Information - Installation & Equipment Dear Chairman and Members of the Board: In keeping with our commitment to provide you with regular updates, I am writing to inform you that due to changes in business costs the following installation and equipment prices* will decrease effective May 1, 2013: Installation: Installation of each Additional Outlet (Initial Installation) from $14.15 to $13.35. Activation of each Additional Outlet (Initial Installation) from $7.75 to $5.60. Relocate Additional Outlet (Initial installation) from $13.60 to $13.35. Connection of VCR/DVD (Initial Installation) from $8.55 to $7.90. Connection of VCR/DVD (After Initial Installation) from $19.10 to $16.35. Hourly Service Charge (For custom installation work) from $33.60 to $33.20. In-Home Service Visit from $33.55 to $32.10. Equipment: Remote control from $0.20 to $0.18. CableCARD (second card in same device) from $1.15 to $1.00. Customers are being noticed, in advance, of this information via bill message. Should have any questions regarding this information please do not hesitate to contact me at (978) 927- 5700 x43024. Sincerely, Jane-lf. Lyma4ll Jane M. Lyman, Sr. Manager Government & Regulatory Affairs *Prices shown are for residential services only and do not include federal, state and local taxes, franchise fees or other related costs. Prices are subject to change. I a- I Ccomcast March 18, 2013 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Grandfathered Cable Packages Dear Chairman and Members of the Board: As part of our initiative to standardize programming packages, I am writing to inform you of changes Comcast will be making to grandfatheredl former AT&T cable packages. These changes will effect a minimal number (less than 1%) of our customers. Comcast is committed to offering the best value in home entertainment and providing a wide variety of programming choices to our customers. To help achieve that result, customers in these grandfathered packages will be transitioned to the corresponding Comcast package with the same price point as their grandfathered package. We will be notifying each effected customer of the specific changes impacting their Comcast service by letter beginning March 22"d for changes which will occur beginning April 22"d. Customers will see additional channels such as BBC World, Centric, Cooking Channel, DIY (Do It Yourself), Ovation, Reelz, RLTV and more! TCM (Turner Classic Movies) is not available in their new package. A toll free customer service number has been set up specifically for this initiative. Should residents contact you with questions please do not hesitate to direct them to this number, 1-888-267-0350, or they can visit us online at www.comcast.com. Should you have any questions about this initiative or about our services in general, please do not hesitate to contact me at (978) 927-5700 x43024. Sincerely, ran w Lym'ZW Sr. Manager Government & Regulatory Affairs i Grandfathered is a package that has not been offered for new subscription within the past several years. ~~Z Forums 2013 PARTNERSHIP Ideas Issues Inspiration Innovation an PARTNERSHIP FOR STRONG COMMUNITIES A SC:~, A"prdoble Home Tr,e Fourddhgn of Oppr.r!dm!, Mixing Uses, Income, Vitality: Case Studies from Neighboring States March 22, 2013 - The Lyceum, Hartford, CT Ltc VS0 Organized in conjunction with the CT Chapter of the American Planning Association and the CT Committee of the Urban Land Institute Boston /Forum Program of Events 8:30 am: Reception, Breakfast 9:00 am: Welcome Howard Rifkin, Executive Director, Partnership for Strong Communities 9:05 am: Overview of Mixed-Income, Mixed-Use in CT Christina Rubenstein, Senior Policy Analyst, Partnership for Strong Communities 9:20 am: Case Study: The Brooks House, Brattleboro, VT Bob Stevens, P.E., LEED AP, Principal, Stevens & Associates, Member of The Brooks House Development Team 9:50 am: Case Study: 30 Haven, Reading, MA Peter Hechenbleikner, Town Manager, Town of Reading Chryse Gibson, Chief Administrative Officer, Oaktree Development LLC 10:30 am: Questions and discussion from the audience Moderator: Dara Kovel, Vice President- Multifamily Housing, CT Housing Finance Authority 11:00 am: Adjournment We're live-tweeting this event! 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To download copies of today's presentations please go to: httiD://www.iDschousinq.orq/news/march221forum Thank y( ~xeb untred v' Community Foundation 0 Charitable Foundation Connectic9 )u to the sponsors MELVILLE CHARITABLE TRUST Bankof America of /Forums 2013 `4' Webster' We F nd a Way REALTORS' ~6 t ~c P TRACKING OF LEGAL SERVICES - FY 2013 Hours $ Month Monthlv Monthly Available Monthly Monthly Available Hours Hours Remainder $ $ Remainder Allocated Used of Year Allocated Used of Year July' 31.6 19.5 359.7 $4,583 $2,828 $52,168 August 31.6 35.8 323.9 $4,583 $5,191 $46,977 Septembei 31.6 26.2 297.7 $4,583 $3,798 $43,179 October 31.6 34.6 263.1 $4,583 $5,017 $38,162 November 31.6 28.7 234.4 $4,583 $4,162 $34,000 December 31.6 27.8 206.6 $4,583 $4,031 $29,969 January 31.6 47.9 158.7 $4,583 $6,076 $23,893 February 31.6 158.7 $4,583 $23,893 March 31.6 158.7 $4,583 $23,893 April 31.6 158.7 $4,583 $23,893 May 31.6 158.7 $4,583 $23,893 June 31.6 158.7 $4,583 $23,893 Total 379.2 220.5 1 $54,996 $31,103 December bill included $594.50 for legal services re Macaroni Grille, which has been reimbursed by Macaroni Grille L,/ C 8-().5 Important NOS TV Programming Information Dear Valued Verizon Customer, At Verizon, we strive to provide you with the best TV viewing experience possible by keeping you informed of programming and content-related changes that periodically occur on our network. On or after May 6, 2013, the following channels will be removed from your ROS TV Extreme HD package. This change is being made to consolidate ROS TV programming. ESPN Classic 71 ESPN Goal Line/Buzzer Beater HD 1571 We understand these channels may be important to you. To explore other programming options you may enjoy, log in to your account at myverizon.com . And remember, you can always access the most current channel lineup at verizon.com/fiostvchannels. We truly appreciate your business and value your patronage. Thank you for choosing Verizon as your entertainment provider. Sincerely, Your Verizon Team v/141 Important FiOS TV Programming Information Dear Valued Verizon Customer, At Verizon, we strive to provide you with the best TV viewing experience possible by keeping you informed of programming and content-related changes that periodically occur on our network. On or after May 6, 2013, the following channels will be removed from your NOS TV Extreme HD package. This change is being made to consolidate NOS TV programming. HRTV (Horse Racing) 316 Outdoor Channel 1307/591 We understand these channels may be important to. To explore other programming options you may enjoy, log in to your account at myverizon.com. And remember, you can always access the most current channel lineup at verizon.com/fiostvchannels. We truly appreciate your business and value your patronage. Thank you for choosing Verizon as your entertainment provider. Sincerely, Your Verizon Team qd 2-.,- Tennis Channel 303/592 GOL TV 1313 TVG (Horse Racing) 1315 Important HOS TV Programming Information Dear Valued Verizon Customer, At Verizon, we strive to provide you with the best TV viewing experience possible by keeping you informed of programming and content-related changes that periodically occur on our network. On or after April 16, 2012, be1N Sport HD (channel 598) will be added to your Ultimate ROS® TV package. This exciting channel offers a wide variety of sports programming including International Soccer. On or after May 6, 2013, GOL TV (channel 313) will be removed from your package. We understand that GOL TV may be important to you. To explore other programming options you may enjoy, log in to your account at myverizon.com. And remember, you can always access the most current channel lineup at verizon.com/fiostvchannels. We truly appreciate your business and value your patronage. Thank you for choosing Verizon as your entertainment provider. Sincerely, Your Verizon Team q J