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HomeMy WebLinkAbout2014-04-15 Board of Selectmen Packet4110120141 1 Responsibility I Start time Office Hour Dan Ensminger 6:30 Establish BOS FY15 meeting schedule BOS Chair 7:15 BOS liaison assignments BOS Chair 7:20 Proclamations Municipal Clerk's Week, National Public Safety Telecommunications Week LeLacheur 7:25 Early Opening Request - Pure Fit Studio LeLacheur 7:30 MAPC member Report LeLacheur 7:50 Reading Housing Authority Report LeLacheur 8:10 Charter Committee update LeLacheur 8:30 CAB (RMLD) Member Report LeLacheur 8:45 Approve internal borrowing LeLacheur 9:00 EXECUTIVE To discuss strategy wit respect to co ective SESSION bargaining LeLacheur 9:15 EXECUTIVE SESSION To discuss strategy with respect to litigation LeLacheur 9:30 ]- April 46f 2014 Adopt an; Island I{ick Off Event at Senlor Center' 7:00 Proclamation Arbor Day Town Accountant Report Angstrom 7:20 Town Forest Rules & Regulations Zager 7:20 Fall Street Faire Committee LeLacheur 7:40 Recreation update Feudo 8:00 Reading Ice Arena update Feudo 8:45 Town Meeting Preview LeLacheur 9:00 Review BOS/TM Goals ILeLacheur 9:15 Planning for Department Head Retreat I BOS Chair 9:30 session Office Hour Marsie West 6:30 Certificate Roland Vazquez - Reading Symphony 7:20 Commercial Development update Delios 7:30 Bike & Pedestrian Plan Wilson 8:00 Complete Streets Policy Wilson 8:20 South Main Street DIET IDelios 8:40 Downtown Parking Rules & Regulations lCormier 9:00 HEARING Approve Classification & Compensation Roberts 7:20 Lyme Disease mitigation strategy Clay 7:45 Review Regionalization efforts LeLacheur 8:00 Approve Regional Health Agreement Delios Veterans Delios Assessors Santaniello Recreation Feudo Veterans Delios Police/Fire Mutual Aid Burns /Cormier Light Department LeLacheur Planning for BOS Appointed Boards, Committees & Commissions Workshop BOS Chair 9:00 Office Hour John Arena 6:30 Technology Update Furilla 7:30 Zoning Advisory Committee - BOS thoughts LeLacheur 8:30 Charter Committee - BOS thoughts LeLacheur 9:00 Town Accountant Report Angstrom 7:30 Appointments of BCCs VASC 8:00 Appoint Town Counsel BOS Chair 9:00 EXECUTIVF To discuss strategy with respect to collective SESSION bargaining LeLacheur Fufar7 . . Officer Badge Pinning (month of May) Cormier Strout Avenue Master Plan (after Town Forest planning work is done) Feudo Town wide Private Road -> Public Road discussion Discuss Remote Participation Policy LeLacheur Fall ' 14 RCTV members Report w Review BOS/TM Goals Mar - July -Dec Tri -ann Review Customer Service survey results Feb & Aug Semi -ann Review Regionalization efforts June Annual Appointments of BCCs June Annual Approve Classification & Compensation June Annual Tax Classification Hearing October Annual Approve licenses December Annual Appoint Town Counsel June Annual Town Accountant Report Qtrly RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Semi -ann BOS Appointed Boards, Committees & Commissions NEW Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual SELECTMEN'S LL4ISONASSIGNMENTS — FY13 Accounting Department West Community Services Department ➢ Board of Appeals Tafo a ➢ Cities for Climate Protection Program Committee Ensmin er ➢ Community Planning and Development Commission / MAPC Tafo a ➢ Conservation Commission Arena ➢ Economic Development Committee Arena ➢ Fall Street Faire Committee Tafo a ➢ Historical Commission Ensmin er ➢ Board of Health Tafo a ➢ Constable Ensminger ➢ Council on Aging / Mystic Valley Elder Services Arena Finance Department ➢ Board of Registrars West ➢ Trust Fund Commissioners West ➢ Board of Assessors Ensmin er ➢ Finance Committee Arena Housing Authority Bonazoli Library Department Tafoya ➢ Cultural Council Department of Public Safety Ensminger ➢ Human Relations Advisory Committee ➢ Police Department ➢ Fire Department Department of Public Works Bonazoli ➢ Board of Cemetery Trustees ➢ MWRA ➢ Trails Committee ➢ Town Forest Committee ➢ Recreation Committee Reading Municipal Light Department West School Department Arena VASC— volunteer appointment sub - committee Arena / Ensminger RCASA Bonazoli IUKI PROCLAMATION MUNICIPAL CLERKS WEEK Whereas: The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and Whereas: The Office of the Municipal Clerk is the oldest among public servants, and Whereas: The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and Whereas: Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas: The Municipal Clerk serves as the information center on functions of local government and community. Whereas: Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations. Whereas: It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of May 4 — May 10, 2014 as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, Laura Gemme and to all Municipal Clerks for the vital services they preform and their exemplary dedication to the communities they represent. THE BOARD OF SELECTMEN John Arena, Chairman Marsie K. West, Vice Chairman Daniel Ensminger, Secretary John R. Halsey Kevin M. Sexton ]3 PROCLAMATION Public Safety Telecommunications Week Whereas: Emergencies can occur at any time that require police, fire or emergency medical services; and Whereas: When an emergency occurs, the prompt response of Police Officers, Fire Fighters and paramedics is critical to the protection of life and preservation of property; and Whereas: The safety of our Police Officers and Fire Fighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Reading Police -Fire Communications Center; and Whereas: Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and Whereas: Public Safety Dispatchers are the single vital link for our Police Officers and Fire Fighters by monitoring their activities by radio, providing them information and insuring their safety; and Whereas: Public Safety Dispatchers of the Reading Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and Whereas: Each Dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim the week of April 13 -19, 2014 as Public Safety Telecommunications Week in Reading in honor of the men and women whose diligence and professionalism keep our Town and citizens safe. THE BOARD OF SELECTMEN John Arena, Chairman Daniel Ensminger, Secretary Marsie K. West, Vice Chairman Kevin M. Sexton John R. Halsey Special Permits — 3 -18 -2014 24 Hour Permit Gas: Reading Shell Station, 87 Walkers Brook Drive Retail Sales before 6:00 a.m. Food: Dunkin Donuts and West Street Mobil, 4 West Street — 5:00 a.m. Starbucks Coffee, 24 Walkers Brook Drive — 5:00 a.m. Starbucks Coffee, 288 Main Street — 5:00 a.m. J.K.'s Market, 212 Main Street — 5:45 a.m. Fitness: Snap Fitness, 30 Haven Street — 5:00 a.m. Reading Athletic Club, 1 General Way — 5:00 a.m. Planet Fitness, 275 Salem Street — 5:00 a.m. Burbank YMCA, 36 Arthur B. Lord Drive — 5:00 a.m. Fit By Catarina, 335 Main Street — 5:00 a.m. S��1 Date: 3/17/14 To: Jessie Wilson Subject: Pure Fit Studio business plan Name of Business: Pure Fit Studio, LLC Owner: Catarina Cipriani, ACSM Certified Personal Trainer Phone: 781589 7559 Owner Address: 83 County Rd., Reading MA 01867 Opening Date: May 1, 2014 Business Location: 34 Gould Street, 1st Floor Reading MA Site Info: 2600 square feet, 1 level, 2 bathrooms, parking for 8 spots in rear of building. Hours of Operation: Monday- Friday 5:OOam -10pm Saturday 6 am -2 pm Sundays: 7am -5pm No. of Employees: 5 -8 employees Summary: I am a 10 year resident of Reading and it is my plan to create an ECO Friendly Fitness Studio, using all recycled Materials for flooring (cork & bamboo flooring), LED Lighting, Non toxic Paint. Promoting awareness & practicing Green operations in which conserve energy while protecting our environment. The core business is group exercise classes, approx. 20 people per class for 50- minute classes. All clients will login to my Purefit WebSite to register for classes, schedule, sign fitness waivers & pay for services. There will be no gym equipment such as treadmills or exercise machines. The business will be all instructional fitness classes in a scheduled, structured environment. Mission: To Promote healthy living, Raise awareness, and give back to the community. Classes offered will be: P90x for Beginners P90x for Intermediate - Advanced Insanity Cardio Conditioning Interval Training Fca Pilates, Piloxing Zumba Kids Fitness Yoga & Hot Yoga Other Amenities Offered: Massage Therapy, Stretching Nutritional Seminars 1:1 Consultation on Healthy Living Practices 66 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. 2. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 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 for a license. This will need to be renewed annually. 5. The 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. 5C4 10. 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. 11. 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 J Town of Reading Massachusetts Home Rule Charter Sq Town of Reading Home Rule Charter Table of Contents Table of Contents ARTICLE 1 EXISTENCE AND AUTHORITY 1 -1 Incorporation ..................................................................................................... ............................... 5 1 -2 Short Title .......................................................................................................... ............................... 5 1 -3 Division of Powers .............................................................................................. ..............................5 1-4 Powers of the Town - Intent of the Voters ......................................................... ............................... 5 1 -5 Interpretation of Powers .................................................................................... ............................... 5 1 -6 Intergovernmental Relations .............................................................................. ..............................5 ARTICLE 2 REPRESENTATIVE TOWN MEETING 2 -1 Composition ...................................................................................................... ............................... 6 2 -2 Realignment of Precincts ................................................................................... ..............................6 2 -3 Town Meeting Membership ................................................................................ ..............................6 2-4 Town Meeting Sessions ..................................................................................... ..............................7 2 -5 Nomination Procedures ...................................................................................... ..............................7 2 -6 Vacancies ........................................................................................................... ..............................7 2 -7 Compensation ................................... ............................... .... .................... ............................... 8 2 -8 Presiding Officer ......................... ............................... ..... ...................... ..............................8 2 -9 Clerk of the Meeting .................. ............................... ...... .................. ............................... 8 2 -10 General Powers and Duties ........ ............................... ........ .............. ............................... 8 2 -11 Participation by Non -Town Meeting Members........... ............ .... ..............................8 2 -12 Establishment of Standing Committees ............................. ............ ....... ..............................8 2 -13 Warrant Articles .................. ............................... ......... .................... ............................... 9 2 -14 Meetings ......................... ............................... ................. ..............................9 2 -15 Referendum Procedures .............................. ........ ......................... ............................... 10 ARTICLE 3 ELECTED OFFICERS AND BOARDS 3 -1 General Provisions ......................... .............. 3 -2 Board of Selectmen ........................... .......................... ............................... 3 -3 School Committee .. ............................... ................................................ ............................... 3-4 Board of Library Tr s...... .... . ..... .......................................... ...... ................... 3 -5 Municipal Light Boa �of Commis ...... .......................................... ............................... 3 -6 Board of Assessors ........................... 3 -7 Moderator ................................................................................................ ............................... 12 12 12 13 13 14 14 ARTICLE 4 APPOINTED BOARDS AND COMMITTEES 4 -1 Community Planning and Development Commission ..................................... ............................... 15 4 -2 Board of Health ..................... .................................................................... ............................... 15 4 -3 Housing Authority ............................................................................................ ............................... 15 4-4 Board of Appeals ............................................................................................. ............................... 15 4 -5 Cemetery Trustees .......................................................................................... ............................... 15 4 -6 Council on Aging ............................................................................................. ............................... 16 4 -7 Commissioners of Trust Funds ....................................................................... ............................... 16 4 -8 Conservation Commission .............................................................................. ............................... 16 4 -9 Recreation Committee .................................................................................... ............................... 16 4 -10 Other Committees ........................................................................................... ............................... 16 ARTICLE 5 TOWN MANAGER 5 -1 Appointment, Qualifications, Term .................................................................. ............................... 18 5 -2 Powers and Duties .......................................................................................... ............................... 18 5 -3 Ombudsman ...................................................................................................... .............................19 5-4 Acting Town Manager ..................................................................................... ............................... 19 5 -5 Removal Procedures ......................................................................................... .............................20 3 Reading Home Rule Charter Review — 2013 sqa Town of Reading Home Rule Charter Table of Contents ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6 -1 Creation of Departments, Agencies and Offices ............................................. ............................... 22 6 -2 Publication of Administrative Code and Table of Organization ...................... ............................... 22 6 -3 Department of Public Works ........................................................................... ............................... 22 6-4 Town Counsel ................................................................................................... .............................23 6 -5 Town Accountant ............................................................................................ ............................... 23 6 -6 Town Treasurer - Collector ............................................................................. ............................... 24 ARTICLE 7 FINANCES AND FISCAL PROCEDURES 7 -1 Fiscal Year ...................................................................................................... ............................... 26 7 -2 Submission of Proposed Budget ..................................................................... ............................... 26 7 -3 School Committee Budget .............................................................................. ............................... 26 7-4 Budget Message ............................................................................................. ............................... 26 7 -5 The Proposed Budget ..................................................................................... ............................... 27 7 -6 Action on the Budget ....................................................................................... ............................... 27 7 -7 Capital Improvements Program ...................................................................... ............................... 27 7 -8 Financial Public Records ..................... ............................... ........................... ............................... 27 7 -9 Approval of Financial Warrants .... ............................... ... .................. .............................27 ARTICLE 8 GENERAL PROVISIONS 8 -1 Charter Changes .......................... ............................... .......... ........... ............................... 28 8 -2 Severability .................................. ............................... ........... ... .............................28 8 -3 Specific Provisions Prevail ................... ............................... ..................... ............................... 28 8 -4 References to General Laws ........................... ......... ................. ............................... 28 8 -5 Computation of Time ...... ............................... ........ ......... .............. ............................... 28 8 -6 Number and Gender .... ............................... ....... ... ..................... ............................... 28 8 -7 Definitions ............. ............................... ... .... ........ ..................... ............................... 28 8 -8 Rules and Regulations ....................... ............ ........ ..................... ............................... 29 8 -9 Reenactment and Publication of B ............. ............................. ............................... 29 8 -10 Procedures of Multiple- ember Bodi ...................................................... ............................... 29 8 -11 Elections .................. ....... ................................................... .............................30 8 -12 Vacancies on Bo ommitt d issions .................................. ............................... 30 8 -13 Recall Procedur 7 .................. ....... ......... .............................................................................. 30 8 -14 Removal of Appo ............ ......... ........................................................................................ 31 8 -15 Resignation of Tow rs........... ......................................................... ............................... 32 8 -16 Town Seal ................... .......... ......................................................... ............................... 32 ARTICLE 9 TRANSIT PROVISIONS 9 -1 Continuation of Existing Laws .. ............................................................... ............................... 9 -2 Continuation of Government ....................................................................... ............................... 9 -3 Continuation of Personnel ........................................................................... ............................... 9 -4 Transfer of Records and Property ............................................................... ............................... 9 -5 Time of Effect ......................................................:....................................... ............................... 9 -6 Composition of Certain Boards ................................................................... ............................... APPENDIX Not a part of the Home Rule Charter document. For information purposes only. INDEX Not a part of the Home Rule Charter document. For information purposes only. 33 33 33 33 33 34 4 Reading Home Rule Charter Review — 2013 50 Town of Reading Home Rule Charter Preamble Preamble We, the people of Reading, in order to re- establish our individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent in the Home Rule Amendment to the Constitution of the Commonwealth, do hereby adopt the following Home Rule Charter for the Town of Reading. Reading Home Rule Charter Review — 2013 C1Gq Town of Reading Home Rule Charter Article 1 - Existence and Authority ARTICLE 1 EXISTENCE AND AUTHORITY 1 -1 Incorporation The inhabitants of the Town of Reading, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "Town of Reading." 1 -2 Short Title This instrument shall be known and may be cited as the Reading Home Rule Charter. 1 -3 Division of Powers The administration of all the fiscal, prudential and municipal affairs of the Town shall be vested in an executive branch headed by a Board of Selectmen and a Town Manager. All legislative powers of the Town shall be exercised by a representative Town Meeting. 1 -4 Powers of the Town - Intent of the Voters It is the intent and the purpose of the voters of the Town of Reading, through the adoption of this Charter, to secure for the Town all of the powers possible to secure under the Constitution and statutes of the Commonwealth, as fully and as complet46,,aWhough each such power were specifically and individually enumerated herein. 1 -5 Interpretation of Powers The powers of the Town under the Charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as stated in Section 1-4. 1 -6 Intergovernmental Relations The Town may enter into agreements with any other unit of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions. Reading Home Rule Charter Review — 2013 5a5 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting ARTICLE 2 REPRESENTATIVE TOWN MEETING 2 -1 Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety -two (192) members from eight (8) precincts who shall be elected by the voters in each precinct in accordance with all applicable elections laws. Town Meeting shall meet, deliberate, act and vote in the exercise of the corporate powers of the Town. Each precinct shall be equally represented in Town Meetings by members so elected that the term of office of one -third of the members shall expire each year. 2 -2 Realignment of Precincts When required by law or every ten (10) years, the Board of Selectmen shall review and, if necessary, re- divide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be continuous and as compact as possible. The territory of each precinct shall be defined as near as possible by the center line of known streets or other well- defined limits. Within ten (10) days of any precinct revision, the Board o %Seectmen shall file a report on the revisions with the Town Clerk, the Board of Registrars of Voters and the Board of Assessors. The report shall include a map(s) and a list of the inhabitants' names and addresses. The Board of Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. The revision shall be effective on the date it is filed with the Town Clerk, and the Town Clerk shall notify the Secretary of State of the revision in writing. Any tewR wide eleGtien shall be held at the 6arne time for eaGh pFeGiRGt at a plaGe OF PIaGe6 desig Rated by the QeleGtrq- [Amended November 15, 2004 - Article 16 and approved by v A of the Town on April 5, 2005] 2 -3 Town Meeting Membershi app! Gable eleGtien laws. Whenever any precincts are revised, the fegistefed voters shall elect twenty - four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the next eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant terms. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election by mail. In the event of a tie, ballot position shall determine the order of finish. At each A.,RUal GeeGtFG., After the revision of precincts, the term of office of all previously elected Town Meeting Members from the revised precincts shall cease upon the certification of the election by the Town Clerk. ef thee r In the event of a tie write -in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining Town Meeting Members of the precinct, from the write -in candidates whose write -in votes were tied. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting Reading Home Rule Charter Review - 2013 5G �D Town of Reading Home Rule Charter Article 2 - Representative Town Meeting for the purpose of filling the vacancy. The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at least seven (7) days in advance and shall publish legal notice in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the entire remainder of the term. [Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 2002] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -4 Town Meeting Sessions All representative Town Meeting sessions held under the provisions of this Charter shall be limited to the Town Meeting Members elected under Section 2 -3, together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting Members of the time and place at which representative Town Meeting sessions are to be held, the notices to be sent by mail at least seven (7) days before the meeting. The Town Meeting Members shall be the judges of the election and qualification of their members. A majority of the Town Meeting Members shall constitute a quorum for doing business. However, a smaller number may organize temporarily and may adjourn from time to time, but no Town Meeting shall adjourn over the date of an election of Town Meeting Members. All Town Meeting sessions shall be public. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -5 Nomination Procedures Nomination of candidates for Town Meeting Member to be elected under this Charter shall only be made by nomination papers bearing no political designation and signed by not less than ten (10) Fegi6teFed voters from the candidate's precinct. Nomination papers must be obtained in person and signed by the candidate in the presence of the Town Clerk or designee. Completed nomination papers must be filed with the Town Clerk at least thirty five days (35) hveRty eight (294 days before the election. and R21616t be SigRed by the Gandidate te be valid. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -6 Vacancies` A Town Meeting Member may resign by filing a written n�iice with the Town Clerk which shall take effect on the date filed. A Town Meeting Member who moves from the Town shall cease to be a Town Meeting Member. A Town Meeting Member who moves from the precinct from which he was elected to another precinct, may serve only until the next Annual Town Election. If any person elected as a Town Meeting Member a­ fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of Town Meeting. The Selectmen shall place an Article in the Annual Town Meeting Warrant to remove any such person. The Town Clerk must notify any such person and that he may be removed under this section at least seven (7) days in advance of the Annual Town Meeting. Notice shall be mailed to his last known address. In the event of a tie write -in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining members of the precinct from the write -in candidates whose write -in votes were tied. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice to precinct Town Meeting members at least seven (7) days in advance of the meeting, and shall also publish notice of the meeting in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the remainder of the term Chapter 57 of the Acts of 2002. Any vacancy of a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining members of the precinct. The balance of any unexpired term shall be filled at the next Annual Town Election. The Town Clerk shall give notice of any vacancy to the remaining Town Reading Home Rule Charter Review — 2013 ,� G0 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of temporarily filling any vacancies. The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at least seven (7) days in advance and shall publish legal notice in a community newspaper of general circulation. At any precinct meeting, a majority shall constitute a quorum. A majority of votes cast at precinct meetings shall be sufficient to fill vacancies, elect a Chairman and a Clerk or conduct any order of business. The Chairman and Precinct Clerk shall certify any election of the precinct and transmit written acceptance of any person elected Town Meeting Member to the Town Clerk. (Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -7 Compensation Town Meeting Members shall serve without compensation. 2 -8 Presidinq Officer A Moderator, chosen in accordance with the provisions of Article 3, Section 3 -7, shall preside at all sessions of Town Meeting. The Moderator shall regulate the proceedings of all Town Meeting sessions, decide all questions of order and make public declaration of all votes. He may administer the oath of office to any Town Officer and to Town Meeting members. He shall perform other functions as provided by Charter, Bylaw, Town Meeting vote or State law. In the absence of the Moderator, Town Meeting shall elect a to may Moderator . [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -9 Clerk of the Meetinq The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the Town Clerk shall designate a substitute; otherwise, the Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all meetings to the Members and to the public, keep the journal of its proceedings, and perform such other functions as may be provided by the Charter, by statute, by Bylaw, or by Town Meeting vote. 2 -10 General Powers and Duties All legislative powers of the Town shall be vested in the representative Town Meeting except as otherwise provided by law or the Charter. The Town Meeting shall provide for the exercise of all corporate powers of the Town and for the performance of all duties and obligations of the Town. 2 -11 Participation by Non -Town Meeting Members Subject to conditions that may be determined from time to time by Town Meeting Members, any person who is not a Town Meeting Member may be allowed to speak at any representative Town Meeting but shall not vote. At the request of the Moderator or Town Meeting, any Town Officer or Department Head - designee shall be present at any session of Town Meeting for the purpose of responding to questions of Town Meeting Members. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -12 Establishment of Standing Committees The Town Meeting may from time to time, by 1ylaw, establish standing committees to which shall be referred Warrant Articles for study, review and report in advance of the sessions of the Town Meeting. Standing committees shall be subject to Open Meeting Law. In establishing standing committees, Town Meeting shall also provide for the method of appointment of members. The method of appointment shall be by an existing multiple- member body or shall be by a multiple- member appointment committee established for that purpose. [Amended November 19, 2001 - Article 12] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Finance Committee Reading Home Rule Charter Review — 2013 SO Town of Reading Home Rule Charter Article 2 - Representative Town Meeting There shall be a Finance Committee consisting of nine (9) voters of the Town, appointed for three year staggered terms so arranged that three (3) terms expire each year. No member of the Finance Committee shall be an elected or appointed Town Officer or an employee of the Town. A member of the Finance Committee may be an elected Town Meeting Member but shall serve on no other standing committee. Finance Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one vote, the Chairman of the Board of Selectmen who shall have one vote, and the Chairman of the Finance Committee who shall have one vote. The terms of Finance Committee Members shall expire on the first day of July. No Finance Committee Member shall serve for more than three (3) consecutive terms. An appointment to Finance Committee to fill a vacancy of a partial term that is less than two (2) years does not count toward the three (3) consecutive terms. Any vacancy on the committee shall be filled by the Appointment Committee. The Finance Committee shall have all the powers and duties granted to Finance Committees under the laws of the Commonwealth, Town `-ylaws, Town Meeting vote and other applicable laws. In addition to these powers, the Finance Committee shall have the power to investigate the books, accounts, records and management of any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance Committee shall report its findings, approval or disapproval on all Articles that involve the expenditure of funds in the Warrant in writing to Town Meeting. Such a report shall not preclude further action or reconsideration by the Finance Committee. The Finance Committee shall take reasonable action to provide its findings to Town Meeting in writing at least seven (7) days before Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Bylaw Committee - Bylaws There shall be a Bylaw Committee consisting of five (5) voters of the Town, appointed for three (3) year staggered terms. The Bylaw Committee shall propose and consider changes in the Eylaws or Charter, and petitions for a special act, or local acceptance of a State Statute which is subject to Town Meeting acceptance, and shall report its findings on all such Articles in the Warrant in writing at least seven 474 days be#ere tc Town Meeting. Such a report shall not preclude further action or reconsideration by the Bylaw Committee. The Bylaw Committee shall take reasonable action to provide its findings to Town Meeting in writing at least seven (7) days before Town Meeting. Bylaw Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one vote, the Chairmap of the Board of Selectmen who shall have one (1) vote, and the Chairman of the Bylaw Committee who shall have one " vote. The terms of Bylaw Committee Members shall expire on the first day of July. Any vacancy on the committee shall be filled by the Appointment Committee. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Rules Committee There shall be a Rules Committee, chaired by the Town Moderator who shall be a non- voting member, consisting of the Precinct Chairsmen, which from time to time shall review all aspects of the operation of Town Meeting, and make an} a ARnyal Report in writing to Town Meeting setting forth its findings, recommendations, and proposals for rules governing the conduct of Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -13 Warrant Articles Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on Warrants issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants all subjects requested by: a) any two (2) or more Selectmen; b) any elected or appointed Town board committee or commission; c) any ten (10) or more voters for the Annual or Subsequent Town Meeting as defined in Section 2 -14 d) any one hundred (100) or more voters for a Special Town Meeting; and or 10 Reading Home Rule Charter Review — 2013 5Gq Town of Reading Home Rule Charter Article 2 - Representative Town Meeting e) any other person or agency as may be authorized by =ylaw or otherwise. All subjects submitted to the Board of Selectmen under this section shall be placed on a Warrant for the next Town Meeting, regular or special. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 Promptly following receipt by the Board of Selectmen of any such subject for a Town Meeting Warrant Article, a copy of the Article shall be posted on the Town Bulletin Board and otherwise distributed as may be provided by =ylaw. Additional copies shall be kept available for distribution by the Town Clerk. 2 -14 Meetings The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held during the first six calendar months at a time fixed by Eylaw, and shall be primarily concerned with the determination of matters that have a fiscal effect on the Town including, but not limited to, the adoption of an annual operating budget for all Town agencies. A Subsequent Town Meeting shall be held during the last three calendar months at a time fixed by ylaw. In addition to the two meetings required by this section, the Board of Selectmen may in any manner provided under the General Laws of the Commonwealth or the Charter, for the purpose of acting upon the legislative business of the Town in an orderly and expeditious manner, call the Town Meeting into session at other times by the issuance of a Warrant. 2 -15 Referendum Procedures 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 (213) 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. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] q< Referendum Petition — If, within said seven (7) days, a referendum petition signed by not less than three � percent ',1 of the voters certified by the Registrars of Voters containing their names and addresses is filed with the Board of Selectmen requesting that any 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, 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. �? 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 be in conformance with this section. 11 Reading Home Rule Charter Review — 2013 5a10 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting 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." 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. is; Election - Any ballot question submitted in accordance with this procedure shall be determined by a majority vote of the voters voting in said election, but no action of the Town Meeting shall be reversed unless at least twenty percent (20 %) of the eligible voters vote in such election. [Amended November 15, 2010 - Article 16] 12 Reading Home Rule Charter Review — 2013 P�G I I Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards ARTICLE 3 ELECTED OFFICERS AND BOARDS 3 -1 General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board of Commissioners, Moderator, Vocational School Representative and such members of regional authorities or districts as may be established by statute, interlocal agreement or otherwise. Only a registered voter of the Town shall be eligible to hold any elective town office, but no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Elected Town Officers shall receive no compensation unless specifically voted by Town Meeting. Notwithstanding their election by the voters, the Town Officers named in this Article shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. 3 -2 Board of Selectmen There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or 2bQV Town Meeti vote. The Board of Selectmen shall cause th5 aws anr�rders ror h e government of the Town to be enforced and shall cause a record of all its official acts to be kept. To administer its policies and aid the Board in its official duties, the Board of Selectmen shall appoint a Town Manager, as provided in Article 5. , The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town Accountant, not more than five (5) Constables, members of the Recreation Committee, Council on Aging, Cemetery Trustees, Housing Authority, Community Planning and Development Commission, Board of Health, Conservation Commission and Board of Appeals, and any other appointed multiple- member bodies for whom no other method of selection is provided by the Charter or by Bylaw. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 The Board of Selectmen shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. 3 -3 School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. 13 Reading Home Rule Charter Review — 2013 �GG Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards The School Committee shall have all of the powers and duties School Committees are given under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by E'ylaw, or by ether Town Meeting vote. The powers of the School Committee shall include, but need not be limited to, the following: 04 The School Committee shall appoint a Superintendent of Schools and shall define his duties and terms of employment. may . [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. 3 -4 Board of Library Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have control over the selection of Library materials, and shall have custody and management of the Library and of all property of the Town related thereto, except that the Town Manager or his designee shall have responsibility for the maintenance of the Library building and grounds. All money or property that the Town may receive on behalf of the Library by gift or bequest shall be administered by the Board in accordance with the provisions of such gift or bequest. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on, April 5, 2005] The Board shall have all of the powers and duties given to Boards of Library Trustees under the Massachusetts General Laws Gf the Commenwe , and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by ether Town Meeting vote. 3 -5 Municipal Light Board of Commissioners There shall be a Municipal Light Board of Comm ss oners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have all the powers and duties given to cities and towns in respect to municipal lighting plants under MGL Chapter 164 Section 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by this Charter, by 3ylaw, or by ether Town of Reading Town Meeting vote. The Municipal Light Board of Commissioners shall hire the General Manager of the Read+eg Municipal Light Department and set the duties and terms of employment. h'6 Gempen6atiqR; the The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of the Reading Municipal Light Department and appoint counsel to the Read'R9 Municipal Light Department. The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager. The Municipal Light Board of Commissioners shall approve warrants for payments of all bills and payroll of the Municipal Light Department and shall approve all contracts which are at or above the 14 Reading Home Rule Charter Review -2013 50,3 Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards competitive sealed bid procedures level as stated in MGL Chapter 30B Section 5 and, further, all contracts shall be made in accordance with MGL Chapter 30B. Contracts for purchasing of power shall not be subject to MGL Chapter 30B but shall be approved by the Municipal Light Board Commissioners. The Municipal Light Board of Commissioners shall employ the Auditor appointed by the Town of Reading Audit Committee. The Municipal Light Board of Commissioners shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board of Commissioners. After the Municipal Light Board Commissioners has approved an annual operating budget and Capital Improvements Program, it will present them to the Town of Reading Finance Committee and Town of Reading Town Meeting. Upon request of any of the other towns served by the Reading Municipal Light Department, the Municipal Light Board of Commissioners shall make a presentation to the Finance Committee and /or Town Meeting of any such town(s). [Amended April 28, 2003 - Article 7] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April a. 2005] K 3 -6 Board of Assessors There shall be a Board of Assessors consisting of thre ) members elected for three (3) year terms so arranged that one (1) term shall expire each year. [Amended November 30, 1989 - Article 36 and approved by vote of the Town on March 19, 1990] The Board of Assessors may appoint property appraisers and shall have all of the powers and duties given to Boards of Assessors under the General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. 3 -7 Moderator There shall be a Moderator elected fora one year term. The Moderator, as provided in Article 2 Section 2 -8, shall be an ex officio representative Town Meeting Member and shall preside and regulate the proceedings at all sessions of the Town Meeting. The Moderator 44e shall have all of the powers and duties given to Moderators under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by - ylaw, or by eta ,-r Town Meeting vote. The Tewa Moderator shall not simultaneously serve as an elected Town Meeting Member or in any other elected municipal office in the Town. 15 Reading Home Rule Charter Review -2013 �q Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees ARTICLE 4 APPOINTED BOARDS AND COMMITTEES 4 -1 Community Planning and Development Commission There shall be a Community Planning and Development Commission consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The Community Planning and Development Commission shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town. The Community Planning and Development Commission shall report annually to the Town giving information regarding the physical condition of the Town, and any plans or proposals known to it affecting the resources, physical development and needs of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Community Planning and Development Commission shall have the power to regulate the subdivision of land within the Town by the adoption of Rules and Regulations governing such development. The Community Planning and Development Commission shall have all of the powers and duties given to Planning Boards, Boards of Survey and Industrial Development Commissions under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by other Town Meeting vote. 4 -2 Board of Health There shall be a Board of Health consisting of three (3) members appointed by the Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Health shall be responsible for the formulation and enforcement of rules and regulations affecting the public health. It shall have all of the powers and duties given to Boards of Health under the aeweatth Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by other Town Meeting vote. 4 -3 Housing Authority There shall be a Housing Authority consisting of five (5) members. Four (4) members shall be appointed by the Selectmen, the fifth (5th) member shall be a resident of the Town, appointed by the Commonwealth or as otherwise provided by law. Housing Authority Members shall serve for five (5) year terms so arranged that one (1) term shall expire each year. The Housing Authority shall have all of the powers and duties given to housing authorities under the and- Laws of the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by other Town Meeting vote. 4 -4 Zoning Board of Appeals There shall be a Zoning Board of Appeals consisting of 5 members and 2 associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Zoning Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the C-nnrtot-toAn and General Laws Gf the Gemi;;GRwealth Massachusetts General Laws and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. [Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 2006] 4 -5 Cemetery Trustees 16 Reading Home Rule Charter Review -2013 5ai5 Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by the Selectmen for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Cemetery Trustees shall be responsible for the preservation, care, improvement and embellishment of the Town's cemeteries and burial lots therein and such other powers and duties given to the Board of Cemetery Trustees under the Qefnn?9Rwea]t4 Massachusetts General Laws, by the Charter, by Bylaw, or by Town Meeting vote. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4 -6 Council on Aqinq There shall be a Council on Aging consisting of ten (10) members appointed by the Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, by the Charter, by ?ylaw, or by Town Meeting vote. 4 -7 Commissioners of Trust Funds There shall be a Commissioners of Trust Funds consisting of five (5) members. Three (3) shall be appointed by the Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one of their members to serve as a full voting member ex officio, and the Town Treasurer /Collector shall serve as a _. voting member ex officio. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Commissioners of Trust Funds shall have all the power d duties given to them by the Selectmen. 4 -8 Conservation Commission There shall be a Conservation Commission consisting of seven (7) members appointed by the Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Conservation Commission shall have all the powers and duties given to Conservation Commissions by the Massachusetts General Laws GeaeralLaws, by the Charter, by Eylaw, or by Town Meeting vote. 4 -9 Recreation Committee There shall be a Recreation Committee consisting of nine (9) members, eight (8) appointed by the Board of Selectmen, and one (1) appointed by the School Committee for three (3) year terms so arranged that three (3) terms shall expire each year. The Recreation Committee shall be responsible for the evaluation of program activities, formulation of overall plans for the program development, and for the scheduling of Town parks and the field house when not in use by the School Department. It shall also have all the powers and duties given to Recreation Committee by the Charter, by -ylaw, or by Town Meeting vote. 4 -10 Town Forest Committee The Selectmen shall appoint the Town Forest Committee and determine the number of members and their term of appointment, not to exceed three (3) years It shall also have all the powers and duties given to Town Forest Committee by the Charter, by Bylaw, by the Board of Selectmen or by Town Meeting vote. 4 -11 Historical Commission 17 Reading Home Rule Charter Review - 2013 Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees The Selectmen shall appoint the Historical Commission and determine the number of members and their term of appointment, not to exceed three (3) years It shall also have all the powers and duties given to Historical Commission by Massachusetts General Law, by the Charter, by Bylaw, or by Town Meeting vote. 4 -12 Charter Review Committee At least every ten (10) years a special Committee consisting of nine (9) members shall be established for the purpose of reviewing this Charter and to make a report, with recommendations to the Town Meeting concerning any proposed amendments which said Committee may determine to be necessary or desirable. The Committee shall consist of one (1) member of the Board of Selectmen or designee, one (1) member of the School Committee or designee, one (1) member of the Board of Library Trustees or designee, one (1) member of the Municipal Light Board of Commissioners or designee, the Moderator, one (1) member of the Bylaw Committee and three (3) Town Meeting members to be appointed by the Moderator. 4 -143 Other Committees Any of the elected boards or committees as listed in Article 3 of the CFi may establish and appoint or dissolve standing or ad Hoc wu,; r committees from time to time for a specific purpose. Such committees shall be considered a "multiple- member body" as defined in the Charter, -. Sstanding committees shall be appointed in accordance with the process detailed in Section 8 -12- arm Mn4embers shall physically reside in the Town of Reading at the time of their appointment and during their term of office. The appointing authority shall report the purpose, membership and contact information of said Committee to the Town Clerk in advance of the first meeting of said Committee. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 15, 2010 - Article 15 and approved by vote of the Town on April 6, 2010] 18 Reading Home Rule Charter Review — 2013 5q�l Town of Reading Home Rule Charter Article 5 - Town Manager ARTICLE 5 TOWN MANAGER 5 -1 Appointment, Qualifications, Term The Board of Selectmen shall appoint a Town Manager and may enter into a contract with the Town Manager not exceeding three (3) years in length, and shall fix his compensation within the amount annually appropriated for that purpose. The Town Manager shall not be subject to a personnel Bylaw, if any. The Town Manager shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. While serving as Town Manager he shall devote full time to the office (and except as expressly authorized by the Board of Selectmen) shall not engage in any other business or occupation and (except as expressly provided i0 the Charter) shall not hold any other public office, elective or appointive, in the Town. ik ,, Upon the termination of the Town Manager's appoint t, wf ether voluntary or otherwise, he may shat[ receive termination pay as determined by the Board of Selectmen, not to exceed twelve (12) month's salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager must give the Board of Selectmen sixty (60) days written notice of intent to leave. This benefit will not be available if the Town Manager is terminated for cause. With the approval of the Selectmen, he may serve as the Town's representative to regional boards, commissions and the like but shall not receive additional salary from the Town for such services. [Amended November 10, 1997 - Article 7 and approved by vote of the Town on March 24, 1998] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 21, 2011 - Article 28 and approved by vote of the Town on March 6, 2012] 5 -2 Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager shall have the following powers and duties: Fa Supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by Fylaw, by other Town Meeting vote, or by the Board of Selectmen, including all officers appointed by him and their respective departments. ice; Appoint, and may remove, subject to the civil service laws where applicable, Treasurer - Collector, Town Clerk, Police Chief, Fire Chief, and all other department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in the Charter, except persons serving under the School Committee, Municipal Light Board of Commissioners and Board of Library Trustees, and appointments made by the representatives of the Commonwealth. The Town Manager's appointment of the Police Chief- Fire Chief aad shall be subject to confirmation by the Board of Selectmen. Any full or part-time Department Head under the direct supervision of an appointed board, shall be appointed by the Town Manager subject to approval of such appointed board. In the event that the Board fails to take action within fourteen (14) days after notice to the Board of the Town Manager's appointment, the Board shall be deemed to have approved the appointment. 19 Reading Home Rule Charter Review — 2013 r-� a� Town of Reading Home Rule Charter Article 5 - Town Manager Administer all personnel policies, practices and related matters for all municipal employees as established by any compensation plan, personnel policy guide or =ylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. Fix the compensation of all Town officers and employees appointed by him within the limits established by the appropriations, and any compensation plan adopted by the Town Meeting. Attend all regular and special meetings of the Board of Selectmen, except meetings at which his own removal is to be discussed, unless excused at his own request, and shall have a voice, but no vote, in all discussions. «€}} Attend all sessions of the Town Meetings and shall answer all questions directed to him that are related to his office. (} See that all of the provisions of the General Laws, of the Charter, of the =ylaws and other Town Meeting votes, and votes of the Board of Selectmen that require enforcement by him, or officers and employees subject to his direction and supervision, are faithfully carried out. (4) Prepare and submit a proposed Annual Operating Budget and a proposed Capital Improvements Program as provided in Article 7. (+} Assure that a full and complete record of the financial a adrriinistrative activities of the Town is kept and shall render a full report to the Board of Selectmen at the end of each fiscal year and at such other times as may be required by the Selectmen. (t} Keep the Board of Selectmen fully informed as to the financial condition and needs of the Town and shall make such recommendations to the Board of Selectmen as he deems necessary or expedient. (k4 Have full jurisdiction over the rental and use of all Town facilities, except those under the jurisdiction of the School Committee, Library Trustees, and Municipal Light Board of Commissioners, and properties designated by =ylaw or other Town Meeting vote. He shall be responsible for the maintenance and repair of all Town property which is designated to be under his control. (�} May at any time inquire into the conduct of any officer, employee or department under his control. (:n) Keep a full and complete inventory of all property of substantial value belonging to the Town, both real and personal. (4:) Be responsible for the negotiation of all contracts involving any subject within his jurisdiction and approve the awarding thereof. (a) Be responsible for purchasing all supplies, materials and equipment, except those of the School Committee and the Light Board; approve the award of all contracts for all departments and activities of the Town except those of the School Committee and Light Board; examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies or equipment delivered to or received by any Town agency; and examine services performed for any Town agency secured through the purchasing procedure. (p) Be deemed to be the Executive Officer of the Town under MGL Chapter 258. (.q) Perform any other duties required of him by the Charter, by Bylaw, by other Town Meeting vote, or by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5 -3 Ombudsman The Town Manager shall appoint himself or some other full -time employee in his office to act as an Ombudsman to all citizens in their day -to -day contacts and dealings with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to direct the citizens to the proper officer, board or committee to deal with the citizen's problem; (b) to set up appointments for citizens to meet with 20 Reading Home Rule Charter Review — 2013 5a�q Town of Reading Home Rule Charter Article 5 - Town Manager directors, department heads and boards; (c) to provide citizens with access to public information within the Town and; (d) to otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5 -4 Actinq Town Manager µ Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified Town officer or employee to serve as acting Town Manager during any temporary absence anticipated not to exceed ten (10) working days. -4- Long -Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of ten (10) working days, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the Town Manager returns. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Vacancy - When the office of Town Manager is vacant, or the Town Manager is under suspension as provided in Section 5 -5, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the vacancy is filled or the suspension has been terminated. In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred twenty (120) days. Term - No appointment of an Acting Town Manager may exceed ten (10) working days whereupon the appointment may be renewed or another Acting Town Manager appointed. Powers - The powers of an Acting Town Manager are limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. 5 -5 Removal Procedures The Board of Selectmen may remove the Town Manager from office as follows: Notice — By affirmative vote of a majority of its members, the Board of Selectmen may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty -five (45) days. A copy of the resolution shall be delivered to the Town Manager forthwith following its adoption. Public Hearing - Within five (5) days after the delivery of the preliminary resolution of removal, the Town Manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the Board of Selectmen. The hearing shall be convened by the Board of Selectmen not less than twenty (20) nor more than thirty (30) days after a request is filed. Not less than five (5) days prior written notice of the date upon which the hearing will commence shall be given to the Town Manager at his last known address. The time limitations set forth herein may be waived in writing by the Town Manager. The Town Manager shall be entitled to file a written statement with the Board of Selectmen responding to the reasons cited for the proposed removal, provided the same is received by the Board of Selectmen not less than forty -eight (48) hours in advance of the time set for the commencement of the public hearing. The Town Manager may be represented by counsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Removal - If the Town Manager does not request a public hearing, then upon the expiration of ten (10) days from the date of delivery to him of the preliminary resolution of removal, or if the Town Manager does request a public hearing, then five (5) days from the completion of the public hearing or forty -five (45) days from the date of the adoption of the preliminary resolution, whichever occurs later, the Board of Selectmen may by a vote of a majority of its members adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within the 21 Reading Home Rule Charter Review — 2013 �Qao Town of Reading Home Rule Charter Article 5 - Town Manager time limitations provided in this section shall nullify the preliminary resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the Board of Selectmen. The Town Manager shall continue to receive his salary until a final resolution of removal has become effective. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 22 Reading Home Rule Charter Review — 2013 5Gal Town of Reading Home Rule Charter Article 6 - Administrative Organization ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6 -1 Creation of Departments, Agencies and Offices The organization of the Town into operating agencies shall be accomplished through the establishment of an Administrative Code, either by adoption of a = ylaw or by the adoption of a Table of Organization, both as provided in this section: Bylaws - Subject only to express prohibitions in the Constitution, the General Laws or the Charter, the Town Meeting may, by "ylaw, approve the reorganization, consolidation, or abolishment of any Town agencies, in whole or in part, and the establishment of such new Town agencies as it deems necessary or advisable. It may prescribe the functions of any Town agency. 4; Table of Organization — Subject only to express prohibitions in the Constitution, the General Laws or the Charter, the Board of Selectmen, after consultation with the Town Manager, may from time to time, prepare and submit to the Town Meeting for approval a table of organization or reorganization, or amendments to any existing table of organization for the orderly, efficient or convenient conduct of the business of the Town. The administrative code may reorganize, consolidate or k y Town agencies in whole or in part and establish such new Town agencies as it deems neces or advisable. It may prescribe the functions of any Town agency and, for such purpose, transfer the powers and duties and, so far as is consistent with the use, for which the funds were voted by the Town, transfer the appropriations of one Town agency to another. However, no function assigned by the Charter to a particular Town agency may be discontinued, or unless the Charter specifically so provides, assigned to any other. Whenever the Board of Selectmen prepares such By12or table, the Board shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper not less than seven (7) days in advance, which notice shall describe the scope of the proposal and the time and place at which the hearing shall be held. Following such public hearing the Board of Selectmen shall submit to the Town Meeting, by Warrant Article, its proposed Administrative Code which it may have modified subsequent to the public hearing. An administrative code shall become effective at the expiration of ninety (90) days following the date of the Town Meeting at which the proposal is submitted, unless the Town Meeting shall, by a majority vote within that time, vote to disapprove the code. The Town Meeting may vote only to approve or disapprove the administrative code and may not vote to amend or alter it, except that a substitute motion may be moved by a majority of the Board of Selectmen. [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] 6 -2 Publication of Administrative Code and Table of Organization For the convenience of the public, the administrative code, if adopted as a Table of Organization, shall be printed as an appendix to, but not an integral part of, the Bylaws of the Town. The Table of Organization shall also be published annually in the Town Report. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] 6 -3 Department of Public Works Establishment and Scope — There shall be a Department of Public Works responsible for the performance of all public works activities of the Town placed under its control by the Charter, by ylaw, by administrative code or otherwise including, but not limited to, protection of natural resources, maintenance of all municipal buildings and grounds except those of the School and Municipal Light Departments, water supply and distribution, sewers and sewerage systems, streets and roads, parks and playgrounds, refuse collection and disposal, forestry services, and cemetery services. 23 Reading Home Rule Charter Review — 2013 5 a3- G Town of Reading Home Rule Charter Article 6 - Administrative Organization The Department of Public Works shall assume all of the duties and responsibilities in the performance of public works functions including, but not limited to, those performed prior to the adoption of the Charter by or under the authority of the Department of Public Works. ( Director of Public Works — The Department of Public Works shall be under the direct control of a Director of Public Works who shall be appointed by and who shall be directly responsible to the Town Manager. The Director of Public Works shall serve at the pleasure of the Town Manager. He shall be a person especially fitted by education, training and previous experience to perform the duties of the office. The Director of Public Works shall be responsible for the supervision and coordination of all divisions within the department in accordance with State statutes, Town bylaws, administrative code and directives of the Town Manager. 1 Policy Formulation — The Board of Selectmen, acting through the Town Manager, shall be responsible for the overall supervision of the Department of Public Works and for the establishment of policies and priorities to govern the operation of the department. The Board of Selectmen shall have the same power to adopt rules and regulations and grant licenses previously given by law to the Department of Public Works and its predecessor water, sewer and park commissions. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6-4 Town Counsel Appointment, Qualifications, Term of Office — The Board of Selectmen each year shall appoint a Town Counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any Special Counsel employed by the Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice. Powers and Duties — In addition to those duties which the Selectmen may request or authorize the Town Counsel to perform, he shall have the following powers and duties: fa} The Town Counsel shall examine and report to the Town Manager upon the title to any land to be acquired by the Town or any Town agency. (b4 The Town Counsel shall, when requested, advise with respect to all contracts, bonds, deeds and other legal instruments to which the Town is a party, or in which any right or interest of the Town is involved. (s) The Town Counsel shall advise all Town agencies and officers regarding legal questions relating to their powers and duties. (4) The Town Counsel, when requested by the Board of Selectmen, shall appear and conduct, or assist in the conduct of the prosecution, defense or compromise of any claims, actions and proceedings by, on behalf of, or against the Town or any Town agency. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6 -5 Town Accountant Appointment, Qualification, Term of Office — There shall be a Town Accountant, appointed by the Board of Selectmen. The Town Accountant shall be qualified in accordance with State law, and shall have at least three (3) years prior full time accounting experience. The Town Accountant shall devote his entire time to the performance of his duties and the supervision of the employees of his department. The Town Accountant shall be appointed in March of every year for a one (1) year term to run from the first day of the following April and shall serve until the qualification of his successor. 24 Reading Home Rule Charter Review — 2013 5�, a3 Town of Reading Home Rule Charter Article 6 - Administrative Organization The Town Accountant may be removed by the Board of Selectmen for cause and the vacancy filled by them in the same manner as an original appointment for the remainder of the unexpired term. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Powers and Duties — The Town Accountant shall be subject to the supervision of the Town Manager. He shall have, in addition to the powers and duties conferred and imposed upon Town Accountants by General Laws, the following powers and duties: i'a4 He shall prescribe the methods of installation and exercise supervision of all accounting records of the several Town officers and agencies. However, any change in the system of accounts shall first be discussed with the Town Manager and the Town agencies affected. ;; He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town agencies and employees. t He shall draw all Warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts. Prior to submitting any Warrant to the Town Manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town officer or agency. If, upon examination, it appears to the Town Accountant that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file with the Town Manager and 'Jown Treasurer and Chairman of the Finance Committee a written report of his findings. v" �&j He shall be responsible for a continuous audit of Pi accounts and records of the Town wherever located. Vacancy — If the Town Accountant is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant who was disabled or absent resumes his duties, or until another Town Accountant is duly appointed. Said temporary appointment shall be in writing, signed by the Board of Selectmen and filed in the office of the Town Clerk. 6 -6 Town Treasurer - Collector Appointment, Qualifications, Term of Office — There shall be a Town Treasurer - Collector, appointed by the Town Manager for a term of one year. The Town Treasurer - Collector shall be qualified in accordance with State law. The Town Treasurer - Collector shall devote his entire time to the performance of his duties and the supervision of the employees of his department. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Town Treasurer - Collector shall be appointed in March of every year for a one (1) year term to run from the first day of the following April and until the qualification of his successor. The Town Treasurer - Collector may be removed by the Town Manager for cause, and the vacancy filled by him in the same manner as an original appointment, for the remainder of the unexpired term. Powers and Duties — The Town Treasurer - Collector shall be subject to the supervision of the Town Manager. He shall have, in addition to the powers and duties conferred and imposed upon Town Treasurers and Town Collectors, by General Laws, the following powers and duties: to The Town Treasurer - Collector shall supervise and be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town including taxes and fees, and shall act as the Town Collector of Taxes. 25 Reading Home Rule Charter Review — 2013 C� cl�o Town of Reading Home Rule Charter Article 6 - Administrative Organization f6? The Town Treasurer - Collector shall report to the Town Manager at such times as he may direct or as he may deem appropriate, but at least semi - annually, as to all uncollected claims or accounts due or owing to the Town. Such reports shall include the Town Treasurer - Collector's recommendations as to whether suit should be instituted on behalf of the Town for the establishment or collection of any claim or account for the benefit of the Town. (c4 The Town Treasurer - Collector shall supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town. {d} The Town Treasurer - Collector shall be the custodian of all funds, monies, securities or other things of value which are or have been given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, improvement or embellishment of any of the Town's cemeteries or burial lots therein. The Town Treasurer - Collector shall invest the same as directed by the Board of Cemetery Trustees and the Board of Trust Fund Commissioners and shall distribute the income therefrom on the order of said trustees or Trust Fund Commissioners. 26 Reading Home Rule Charter Review — 2013 �GaS Town of Reading Home Rule Charter Article 7 - Finances and Fiscal Procedures ARTICLE 7 FINANCES AND FISCAL PROCEDURES 7 -1 Fiscal Year The fiscal year of the Town shall begin on July first (1st) and end on June thirtieth (30th), unless another provision is made by General Law. 7 -2 Submission of Proposed Budget At least four (4) months before the start of the fiscal year, and following consultation with the Board of Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents. He shall simultaneously provide for the publication in a local newspaper of a general summary of the proposed budget, and a notice stating the times and places where complete copies of his proposed budget shall be available for examination by the public, or take any other action with respect thereto. [Amended November 21, 2011 - Article 29 and approved by vote of the Town on March 6, 2012] 7 -3 School Committee Budget The budget adopted by the School Committee shall be submitted to the Town Manager in sufficient time to enable him to prepare the total Town budget he is required to submit by Section 7 -2. ,a- Public Hearing — At least fourteen (14) days before the meeting at which the School Committee is to vote on its final budget request, the School Committee shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall indicate specifically any major variations from the present budget and the reasons for such variations and a notice stating (1) the times and places where complete copies of the budget shall be available or examination by the public, and (2) the date, time and place, not less than seven (7) nor more than fifteen (15) days following such publication, when a public hearing shall be held by the School Committee on the proposed budget. 4)� Adoption — The action of the School Committee in adopting the budget following the public hearing shall be summarized and the vote shall be duly recorded. 7-4 Budget Message 10 The budget message submitted by the Town Manager shall explain the proposed budget for all Town agencies, both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the Town for the ensuing fiscal year; describe important features of the budget; indicate any major variations from the budget for the current year in financial policies, expenditures and revenues together with the reasons for such changes; summarize the Town's debt position and include such other material as the Town Manager deems desirable. 7 -5 The Proposed Budget The proposed budget shall provide a complete financial plan of all Town funds and activities, including the budget as requested by the School Committee for the ensuing year. Except as may otherwise be required by General Law or by the Charter, it shall be in the form the Town Manager deems desirable. In his presentation of the budget, the Town Manager shall make use of modern concepts of fiscal presentation so as to furnish a maximum amount of information and the best financial control. The budget shall be so arranged as to show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections: Proposed expenditures for current operations during the ensuing fiscal year, detailed by Town agency, function and work programs, and the proposed methods of financing such expenditures. =-b4 Proposed capital expenditures during the ensuing fiscal year, detailed by Town agency, and the proposed method of financing each such capital expenditure. 27 Reading Home Rule Charter Review -2013 SQa(p Town of Reading Home Rule Charter Article 7 - Finances and Fiscal Procedures 4 4 Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes. F� Set forth all encumbered funds from prior fiscal years. 7 -6 Action on the Budget {af Public Hearing — The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local newspaper of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. Finance Committee Meetings — The Finance Committee shall consider in public meetings the detailed expenditures for each Town agency proposed by the Town Manager, and may confer with representatives of any such agency in connection such considerations. The Finance Committee may require the Town Manager or any other Town agency to provide such additional information as it deems necessary or desirable in furtherance of its responsibility. e-1 Presentation to the Town Meeting — The Finance Committee shall file a report of its recommendations with the Town Clerk in sufficient time to be distributed to all Town Meeting Members at least fourteen (14) days before the action on the budget article is to begin. The budget to be acted upon by the Town Meeting shall be the budget as proposed by the Finance Committee which budget may be amended by the Town Meeting. d? All Warrant Articles requiring an appropriation in excess of five hundred dollars ($500.00) shall be integrated into the Town Manager's budget, and shall be considered and reported thereon by the Finance Committee. 7 -7 Capital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. It shall contain (a) a clear, concise general summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement; (c) cost estimates, methods of financing and recommended time schedules for each improvement and (d) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved. This information is to be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. 7 -8 Financial Public Records Statements summarizing the budget and the Capital Improvements Program and related Warrant Articles, as adopted by the Town Meeting, shall be made available in the office of the Town Manager for examination by the public not more than twenty (20) days after their adoption. 7 -9 Approval of Financial Warrants Warrants for the payment of Town funds prepared by the Accountant in accordance with the provisions of the General Laws shall be submitted to the Town Manager. The approval of any such Warrant by the Town Manager shall be sufficient authority to authorize payment by the Town Treasurer but the Board of Selectmen shall approve all Warrants in the event of a vacancy in the office of Town Manager. 28 Reading Home Rule Charter Review — 2013 50'al Town of Reading Home Rule Charter Article 8 - General Provisions ARTICLE 8 GENERAL PROVISIONS 8 -1 Charter Changes This Charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the amendments to the Constitution of the Commonwealth and the provisions of General Laws, CHAPTER 43B. In general terms, this means that any provision of this Charter, except as to the composition, mode of election or appointment, or terms of office of the legislative body, the Board of Selectmen or Town Manager can be changed by a two- thirds vote of the Town Meeting approved by the voters at the next Town Election. Non - substantive changes to the numbering of the various Articles within the Charter shall be permitted in order that the numbering due to amendments thereto and other consequent renumbering changes resulting therefrom are in compliance with the numbering format of said Charter. [Amended November 19, 2001 -Article 11] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -2 Severability The provisions of the Charter are severable. If any provision of the Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons and circumstances shall not be affected thereby. 8 -3 Specific Provisions Prevail To the extent that any specific provision of the Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail. 8 -4 References to General Laws All references to the General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the General Laws enacted subsequent to the adoption of the Charter. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -5 Computation of Time In computing time under the Charter, if seven (7) days or less, only business days not including Saturdays, Sundays or legal holidays shall be counted; if more than seven (7) days, every day shall be counted. 8 -6 Number and Gender Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender shall include the feminine gender. 8 -7 Definitions Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the Charter shall have the following meanings: ,al Charter — The word "Charter" shall mean this Charter and any amendments to it made through any of the methods provided under Article LXXXIX of the amendments to the State Constitution. 4j Exofficio - A member of any multiple- member body, except a member of the Rules Committee, who, by virtue of his office or position, is appointed to an ad hoc or other multiple- member body. A person serving as an exofficio member shall not be required to take an additional oath of office to serve in such capacity. 29 Reading Home Rule Charter Review — 2013 Ism,, Town of Reading Home Rule Charter Article 8 - General Provisions k } Library — The word "Library" shall mean the Reading Public Library and any branch or branches that may be established thereof. Local Newspaper — The word "local newspaper" shall mean a newspaper of general circulation within the Town. (ej Majority Vote - The word "majority vote" shall mean as to the Town Meeting a majority of those present and voting provided that a quorum of the body is present. As to all multiple- member bodies, the affirmative vote of a majority of all its members shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. -fj Multiple- Member Body - The word "multiple- member body" shall mean any Board, Commission or Committee consisting of two or more persons, whether elected or appointed. } Precinct — The word "precinct' shall mean the areas into which the Town is divided for the purpose of electing Town Meeting Members. t Town - The word "Town" shall mean the Town of Reading. 4+ Town Agency - The words "Town Agency" shall mean any Board, Commission, Committee, department or office of the Town Government whether elected, appointed or otherwise constituted. 4,j4 Town Bulletin Boards - The words "Town Bulletin Boards" shall mean the bulletin boards on which official Town notices are posted. *4 Town Meeting - The words "Town Meeting" shall mean the representative Town Meeting of the Town established by Article 2. ry Town Officer - The words "Town Officer" shall mean an elected or appointed official of the Town who, in the performance of his duties of office, exercises some portion of the sovereign power of the Town, whether great or small; however, it shall not include a Town Meeting Member. A person may be a Town Officer whether or not he receives any compensation for his services. 4mj Voters - The word "Voters" shall mean registered voters of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -8 Rules and Regulations A copy of all Rules and Regulations adopted by any Town agency shall be filed in the office of the Town Clerk and made available for review by any person who requests such information. Such Rules and Regulations adopted subsequent to the adoption of this Charter shall not become effective until ten (10) days following the date they are so filed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -9 Reenactment and Publication of Bylaws Within one (1) year of the adoption of this Charter and at intervals of not more than ten (10) years thereafter, proposed revisions or recodification of the bylaws of the Town shall be presented to Town Meeting by the Bylaw Committee. At least four (4) months prior to the Town Meeting at which action under this section is to be taken, the Committee shall cause to be published in a local newspaper: (a) a report summarizing its recommendations and noting the times and places within the Town where complete copies of the report shall be available for inspection by the public, and (b) the date, time and place not less than two weeks following such publication when a public hearing shall be held by the committee on the preliminary report. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -10 Procedures of Multiple- Member Bodies 30 Reading Home Rule Charter Review — 2013 �iG)G Town of Reading Home Rule Charter Article 8 - General Provisions Meetings - All multiple- member bodies of the Town whether elected, appointed or otherwise constituted shall meet at such times and places within the Town as they may, by their own rules, prescribe. Special meetings of any multiple- member body shall be held on the call of the respective chairman or by a majority of the members thereof by suitable written notice delivered to the residence or place of business of each member at least twenty -four (24) hours in advance of the time set. A notice of each meeting shall be posted at least forty -eight (48) hours in advance on the Town Bulletin Board, except in the event of an emergency meeting within the meaning of General Laws, CHAPTER 39. All meetings of all multiple- member bodies shall, at all times, be open to the public and to the press except as may otherwise be authorized by law. Rules and Minutes - Each multiple- member body shall determine its own rules and order of business unless otherwise provided by the Charter or by bylaw and shall provide for keeping minutes of its proceedings. These rules and minutes shall be a public record kept in the office of the Town Clerk, and copies shall be kept available in the Library. r) Voting - Except on procedural matters, all votes of all multiple- member bodies shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. 4a Quorum - A majority of the members of the multiple- member body shall constitute a quorum, but a smaller number may adjourn from time to time. [Amended November 15, 2004 - Article 16 and approved by vote of the Town ori l 5, 2005] 8 -11 Elections (a) Annual Town Elections - The election of Town Officers and Town Meeting Members, and referenda questions shall be acted upon and determined by voters on official ballots without party or other designation on the date fixed in the bylaws of the Town. 4r Procedures - All elections conducted pursuant to this Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. 3 c °'°Any town wide election shall be held at the same time for each precinct at a place or places designated by the Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -12 Vacancies on Boards, Committees, and Commissions Whenever a new Standing Committee is established, or a vacancy occurs on any existing Board, Committee, or Commission, which vacancy is to be filled by the Board of Selectmen or any multiple - member body, whether such vacancy is by reason of death, resignation, expiration of a fixed term for which a person has been appointed, or otherwise, the Board of Selectmen or other appointing authority shall forthwith cause public notice of the vacancy to be posted on the Town Bulletin Board for not less than fifteen (15) days. Any person who desires to be considered for appointment to the position may, within fifteen (15) days following the date notice is posted and up until the time the position is actually filled, file with the Town Clerk a statement setting forth in clear and specific terms his qualifications for the position. [Amended November 13, 1986 - Article 17 and approved by vote of the Town on March 23, 1987] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -13 Recall Procedures Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. !�> Recall Petition - Two hundred and fifty (250) or more voters may file with the Town Clerk an affidavit containing the name of the officer whose recall is sought and a sworn statement of the grounds upon which the petition is based. At least twenty -five (25) names of voters shall be from each of the eight 31 Reading Home Rule Charter Review — 2013 5q?o Town of Reading Home Rule Charter Article 8 - General Provisions precincts into which the Town is divided. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the petitions to the Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. If the petitions contain sufficient signatures, the Town Clerk shall thereupon deliver to the first ten voters listed upon the affidavit, petition blanks in such number as requested demanding such recall, printed forms of which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated, shall be addressed to the Board of Selectmen, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to the said office. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. The recall petitions shall be returned and filed with the Town Clerk within twenty -one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses. However, not more than twenty -five percent (25 %) of the total number shall be from any one precinct. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Recall Election - If the petition shall be certified by the Town Clerk to be sufficient, he shall forthwith submit the same with his certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of such petition and certificate to the officer whose recall is sought by mailing the same postage prepaid to his address as shown on the most recent voting list and posting such notice on one or more of the Town Bulletin Boards. If said officer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty -five (35) nor more than sixty (60) days after the date of the Town Clerk's certificate of the sufficient petition. If, however, any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. Nomination of Candidates - Any officer whose recall is sought may not be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of same shall all be in accordance with the provisions of law relating to elections. Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated as required in Section 42 of Chapter 54 of the General Laws. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the ballots for candidates need not be counted except as provided in (c) above. `? Office Holder - The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this section. If he is recalled in the election, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after 32 Reading Home Rule Charter Review — 2013 5g31 Town of Reading Home Rule Charter Article 8 - General Provisions receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. t Repeat of Recall Petition - No recall petition shall be filed against an officer within three (3) months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. 8 -14 Removal of Appointees Appointing authorities may remove for cause appointees to boards, commissions, committees and offices. 8 -15 Resignation of Town Officers Any person holding an elective or appointive office may resign his office by filing a resignation with the Town Clerk, and such resignation shall be effective immediately, unless a time certain is specified therein when it shall take effect. 8 -16 Town Seal The Town Seal in existence at the time of adoption of this Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued from any office or board of the Town may be attested by use of the Town Seal. 33 Reading Home Rule Charter Review — 2013 �C6 a Town of Reading Home Rule Charter Article 9 - Transitional Provisions ARTICLE 9 TRANSITIONAL PROVISIONS 9 -1 Continuation of Existing Laws ;a; All bylaws, resolutions, rules, regulations, and votes of the Town Meeting which are in force at the time this Charter is adopted, not inconsistent with the provisions of this Charter, shall continue in force until amended or repealed, including bylaws, if any, which have been passed and have been approved by the Attorney General but have not yet been published. t Where provisions of this Charter conflict with provisions of Town bylaws, rules, regulations, orders, and special acts and acceptances of General Law, the Charter provisions shall govern. All provisions of Town Bylaws, rules, regulations, orders, and special laws not superseded by this Charter shall remain in force. 9 -2 Continuation of Government (a4 All contracts or obligations entered into by the Town prior to the effective date of this Charter shall continue in full force and effect. 4b) No actions or proceedings, whether civil or criminal, pending at the time this Charter shall take effect, brought by or against the Town or any department, board or co fission or other Town agency, shall be affected or abated by the adoption of this Charter or by anyth^&erein contained. 4A All taxes levied or assessed by the Town prior to the a the date of this Charter which have not been collected by the Town shall be collected, with any penalties thereon, by the duly established Town Government and officers under this Charter. 9 -3 Continuation of Personnel No person employed by the Town on a permanent full -time basis as of March 1st, in the year of the adoption of this Charter, except elected officials and the Executive Secretary, shall forfeit his pay grade or time in service as a result of the enactment of this Charter. Each such person shall be retained in a capacity as similar to his former capacity as is practical. No such person shall be removed from his position without due cause. Each elected official serving in a paid position in the Town on said March 1st, shall be retained in a capacity as similar to his former capacity as is practical until the expiration of his elected term, or for a period of two (2) years from such date whichever is later, at not less than his current rate of pay. The Executive Secretary shall be retained at not less than his current rate of pay until the date which is thirty (30) days after the initial Town Manager begins work, after which the position of Executive Secretary shall be eliminated. 9 -4 Transfer of Records and Property All records, property and equipment whatsoever of any agency or part thereof, the powers and duties of which are assigned in whole or in part to another agency, shall be transferred forthwith to such assigned agency. 9 -5 Time of Effect The Charter shall become fully effective on July 1st of the year receiving its approval by the voters, except as otherwise provided in this section: {a-) Until such time as the Town Meeting acts, by bylaw or by other Town Meeting vote, to establish a different method of notification of its sessions shall be in accordance with present Town bylaw. 4-) As of July 1st, in the year in which this Charter is adopted, the Board of Public Works and the Planning Board shall be abolished, and the Selectmen shall appoint the members of the Community Planning and Development Commission. Two members shall be appointed for three (3) year terms, two (2) shall be appointed for two (2) year terms, and one (1) shall be appointed for a one (1) year term. {G) The Board of Selectmen shall, immediately following the election at which the Charter is adopted, initiate procedures to recruit a Town Manager. To assist in the recruitment process, the Selectmen 34 Reading Home Rule Charter Review — 2013 5g33 Town of Reading Home Rule Charter Article 9 - Transitional Provisions shall appoint a Citizen's Screening Committee of not less than three (3) nor more than five (5) members to recommend to the Selectmen by majority vote of all members of the committee not more than five (5) candidates for appointment as Town Manager. There shall be a widespread, diligent search for candidates to be considered. The appointment to fill this position shall be made effective not later than November 1st in the year in which this Charter is adopted. The initial Town Manager shall receive upon his appointment a starting salary of not less than $40,000 per year. {d} All elected officials serving in positions which have heretofore been elected and who shall henceforth be appointed under the provisions of this Charter shall serve for the balance of their terms but their successors shall be appointed. {e3 The powers and duties of the Industrial Development Commission shall be transferred to the Community Planning and Development Commission on July 1st of the year in which this Charter is adopted. The sole exception shall be the Industrial Development Commission's activities in producing, distributing and reviewing the request for proposal as authorized by the November 1985 Town Meeting which activities may continue until September 30, 1986, at which time the Industrial Development Commission shall be abolished. {#) The Municipal Light Board of Commissioners shall continue to consist of three (3) members until the first Town Election after adoption of this Charter. At such election, three new members shall be elected: one member shall be elected to the three year term scheduled to expire at such election, one member shall be elected to a new three year term, and one member shall be elected to a new two year term. The two persons receiving the highest number of votes in such election shall serve for three (3) years, and the person receiving the third highest number of votes shall serve for two (2) years. 9 -6 Composition of Certain Boards Not later than July 1st in the year in which this Charter is approved by the voters, the Selectmen shall petition the State Legislature for the passage of special legislation to permit the following boards to consist of the number of members provided in Articles 3 and 4 of this Charter: School Committee - six (6) members, Board of Library Trustees - six (6) members, Cemetery Trustees - six (6) members and Council on Aging - ten (10) members. If such legislation is not enacted by the third July 1 st following the adoption of this Charter, such boards shall consist of the following number of members: School Committee - seven (7) members, Board of Library Trustees - nine (9) members, Cemetery Trustees - five (5) members and Council on Aging - nine (9) members. [Special Legislation adopted as Chapter 679 of the Acts of 1986 on January 7, 1987] Reading Charter Commission January 23, 1986 35 Reading Home Rule Charter Review — 2013 50 W m m CL cn 0 0 3 CD C CD n m CD CD X CD M Ln o w W BOARD OF ASSESSORS (elected) ACCOUNTING Town Accountant Accounting Retirement COMMUNITY SERVICES Community Service DirectorfTavrn Planner Conservation Economic Development Elder /Human Services' Historical West Street Historical Inspections /Zoning Planning Public Health Veterans Services Town of Read! ng, MA Executive Branch Table of Organization {Adopted 11117/11 ) VOTERS BOARD OF SELECTMEN (elected) Town Manager FINANCE Assistant Town Manager/ Finance Director Assessment Collections Treasurer Town Clerk ElectionsPegistration Human Resources Technology Trust Funds Dashed Line indicates a relationship between an elected Board and the Department or Division Avhc Designates positions appointed by the Board of Selectman x Designates an elected or appointed Commission, Board or Committee that works within that Division LIBRARY Library Director Library Cultural Council Law BOARD OF LIBRARY TRUSTEES (elected) PUBLIC SAFETY PolicerFire Chiefs Emergency Management Fire Police Animal Control Telecommunications PUBLIC WORKS Director of Public Works Engineering Highway Equipment Maintenance Parks forestryfCemetery Recreation . Solid Waste Street Lighting SnowAce Control Water SupplyrDistribution Sewer Collection Town Forest Stormvater 0 0 73 0 v CL 0 0 D T3 Q. m 0 Town of Reading Home Rule Charter Index INDEX A Abolish.................................................................................................................................................... ............................12, 22, 33, 34 Absence.................................................................................................................................................................... ..............................8 AccompanyingBudget ............................................................................................................................................. .............................26 Accountant.......................................................................................................................................................... ............................13, 27 Accounts.................................................................................................................................................. .............................9, 24, 25, 27 ActingTown Manager ......................................................................................................................................... ............................19, 20 Action................................................................................................................... .............................9, 10, 11, 18, 20, 23, 26, 27, 29, 33 Actualand Estimated ............................................................................................................................................... .............................26 AdditionalCopies ................................................................................................................................................. .............................9, 10 AdditionalSalary ...................................................................................................................................................... .............................18 Administer................................................................................................................................................ .............................8, 12, 13, 18 Administrationand Management ............................................................................................................................. .............................13 AdministrativeCode ............................................................................................................................................ ............................22, 23 Adoption ............................................................................................... .............................5, 9, 15, 20, 22, 23, 26, 27, 28, 29, 32, 33, 34 Affidavit............................................................................................................................................................... ............................30, 31 AffirmativeVote ............................................................................................................................................. ............................10, 20, 29 Agents...................................................................................................................................................................... ............................... 9 Amendments.............................................................................. ............................... ....................................... ............................22, 28 AnnualElection .................................................................. ............................... .... ... ................................. ..............................6 AnnualOperating Budget ............................................... ............................... I...... ........................ .............................9, 13, 19 AnnualReport ............................................................... ............................... ........ I ................................. ..............................9 AnnualTown Election .................................................... ............................... ....... ....................... .............................7, 30 Anticipationof Revenue ...................:................................. ............................... .............. ...................... .............................10 ApplicableLaws ............................................................... ............................... .............. .............. ..............................6 Application................................................................................. ............................... ............... ................. .............................29 Appoint................................................................... ............................... ............ ...........................28, 29, 30, 31, 32, 33, 34 AppointedBoard ................................................ ............................... ... ............ ......................... ............................15, 18 Appraisers....................................................... ............................... .......... ............ ............................. .............................14 AppropriatingMoney ...................................... ............................... ........ .... ...... .................................... .............................10 Appropriations....................................... ............................... .... .... ........ .......................... ............................18, 22, 24 Approval............................................. ............................... ............ ........... ........... .............................9, 13, 18, 22, 27, 29, 33 Assessors...................................... ............................... ................ ....... .................................... .............................6, 12, 14 Assure............................................. ............................... ................ ................................................. .............................15 Attend.................... ............................... .......... .............................................................................. .............................15 Audit.................. ............................... ......... ......... .................................................................... ............................13, 24 Authority....... ............................... .................... ......... ................................... .............................5, 12, 15, 21, 23, 27, 30 Authorized............................... ............................ .......... ........................ ............................... 9, 12, 13, 14, 15, 18, 30, 34 Available. ............................... .............................. ....................................................... .............................7, 23, 25, 27, 28, 29 Award.......... ............................... ........................... .................................................................................. .............................16 B Ballot ....................... ............................... 6, 10, 11, 30, 31 Benefits....................... ............................... ................................................................................... .............................18 Bequest........................... ............................... ................................................................................... .............................13 Boardof Appeals ................ ............................... .......................................................................................... ............................... 12,15 Boardof Assessors ............................................................................................................................................. ............................12, 14 Boardof Cemetery Trustees ......................................................................................................................... ............................15, 16, 25 Boardof Health ................................................................................................................................................... ............................12, 15 Boardof Library Trustees ....................................................................................................................... ............................12, 15, 18, 34 Board of Selectmen ................................................. .............................5, 8, 9, 10, 12, 15, 16, 18, 20, 21, 22, 23, 24, 26, 27, 28, 31, 33 Board, Commission or Committee ........................................................................................................................... .............................27 Boardsof Survey ..................................................................................................................................................... .............................15 Bonds...................................................................................................................................... ............................... ..........................10,23 BudgetArticle ........................................................................................................................................................... .............................27 BudgetMessage ...................................................................................................................................................... .............................23 BudgetRequest ....................................................................................................................................................... .............................26 Buildingand Grounds .......................................................................................................................................... .............................9, 19 BurialLots ...................................................................................................................................................:....... ............................15, 25 Businesses................................................................................................................................................................ ..............................2 Bylaw ...................................................................................................... ............................12, 13, 14, 15, 16, 18, 19, 22, 23, 29, 30, 33 C Calendar................................................................................................................................................................... ..............................7 CapitalImprovements Program .................................................................................................................... ............................13, 19, 27 Cemetery.......................................................................................................................................... ............................15, 16, 22, 25, 34 Certificate................................................................................................................................................................. .............................30 37 Reading Home Rule Charter Review -2013 5A3'° Town of Reading Home Rule Charter Index Change.......................................................................................................................................................... .............................6, 21, 24 ChiefAdministrative Officer ..................................................................................................................................... .............................14 Circulation............................................................................................................................................................ .............................4, 26 Citiesand Towns ..................................................................................................................................................... .............................10 CivilDefense Director .............................................................................................................................................. .............................14 Civilor Criminal ........................................................................................................................................................ .............................31 CivilService ............................................................................................................................................................. .............................14 Clericaland Office Methods ..................................................................................................................................... .............................21 Collectionand Receipt ............................................................................................................................................. .............................22 CollectiveBargaining Agreements ........................................................................................................................... .............................15 Commencement....................................................................................................................................................... .............................17 Commissionersof Trust Funds ................................................................................................................................ .......................:.....13 Commissions.................................................................................................................................... ............................11, 13, 14, 20, 31 Committeeon Bylaws ............................................................................................................................................... ..............................6 Community Planning and Development Commission .............................................................................. .............................9, 11, 32, 33 Compensation............................................................................................................................ .............................4, 8, 9, 14, 15, 20, 27 CompleteCopies ................................................................................................................................................ ............................23, 28 CompleteFinancial Plan .......................................................................................................................................... .............................24 Composition......................................................................................................................................................... .............................2, 33 Computationof Time ................................................................................................................................................ .............................26 Conditions........................................................................................................................................................ .............................5, 9, 16 Conduct.................................................................................................................................... .............................1, 4, 6, 16, 18, 20, 30 Conference............................................................................. ............................... ..... .................................. ..............................8 Confirmation.................................................................... ............................... ..... ................................. .............................15 Conflict.......................................................................... ............................... ......... ............................ ............................26, 31 ConsecutiveTerms ........................................................ ............................... ... ..... ............................. ..............................6 ConservationCommission ................................................ ............................... ............. .................... .............................9, 13 Consolidate...................................................................... ............................... .............. ....... ............................18, 19 Constables................................................................................ ............................... ............... ................. ..............................9 Constitution............................................................. ............................... ............ ......................1, 8, 9, 10, 11, 12, 18, 25, 26 Consultation....................................................... ............................... ............ ........................... .............................8, 18 Continuationof Existing Laws ......................... ............................... .......... ............ ........................ ............................31, 32 Contracts........................................................ ............................... ......... .. ................................ ............................16, 20, 31 Control.................................................... ............................... .... ..... ........ ......... .............................9, 14, 15, 16, 19, 24 Convenience....................................... ............................... ........... .......... ......................................... .............................7, 19 Coordinationof Systems .................. ............................... ................ ......... .............................................. .............................21 CorporatePowers ......................... ............................... ................ .............................................. .............................2, 5 Corresponding Chapters and Sections.. ........... ................. ...................................................... .............................26 Councilon Aging ............................... ......... ................................................................ .............................9, 12, 33 CurrentFiscal Year ....................... .................. ......... .................................................................. .............................7, 24 CurrentRate of Pay ................. .... I..................... .......... .................................................................. .............................32 Custody.. ............................... ............................... .............................................................................. .............................9, 31 D Deeds................. ............................... .................... .................................................................................... .............................20 Definitions.............. ............................... ................................................................................... .............................26 DepartmentHead ....... ............................... .... ...................................................................................... .............................5, 15 Departmentof Public Works ......................... ......................................................................................... ............................19, 20 Determination..................... ............................... ................................................................................................... ..............................7 DevelopmentalPotential .......................................................................................................................................... .............................11 DirectSupervision .................................................................................................................................................... .............................15 Directionand Supervision ........................................................................................................................................ .............................15 Disabledor Absent ................................................................................................................................................... .............................21 Disapproval............................................................................................................................................................... ..............................6 Disapprove............................................................................................................................................................... .............................19 Discharge.................................................................................................................................................................. ..............................9 Discontinued............................................................................................................................................................ .............................19 Discussion............................................................................................................................................................ .............................8, 15 Dismissalor Death ................................................................................................................................................... .............................21 Dissolution................................................................................................................................................................ ..............................7 Distribute.................................................................................................................................................................. .............................22 Districts..................................................................................................................................................................... ..............................8 Divisionof Powers .................................................................................................................................................... ..............................1 Duties............................................................................................................................................................... .............................8, 9, 22 E Education............................................................................................................................................................ ............................14, 20 Effective................................................................................................................................. .............................2, 18, 19, 27, 31, 32, 33 EfficientAdministration ............................................................................................................................................ .............................14 ElectedTerm ............................................................................................................................................................ .............................32 38 Reading Home Rule Charter Review - 2013 5g31 Town of Reading Home Rule Charter Index Election............................................................................................................ .............................2, 3, 4, 7, 8, 25, 28, 29, 30, 31, 32, 33 Electiveor Appointive ......................................................................................................................................... ............................14, 31 ElectiveTown Office ................................................:................................................................................................ ..............................8 ElectricalPower ....................................................................................................................................................... .............................10 EligibleVoters ........................................................................................................................................................... ..............................8 EmergencyMeasure ................................................................................................................................................. ..............................7 EmergencyMeeting ................................................................................................................................................. .............................28 EmergencyTemporary Appointments ..................................................................................................................... .............................17 Employees.............................................................................................................................................. ............................14, 15, 21,22 EmploymentContract .............................................................................................................................................. .............................14 Enforce........................................................................................................................................................... .............................9, 12, 15 Equipment......................................................................................................................................... ............................10, 16, 21, 25, 32 Establish.................................................................................................................................. .............................1, 5, 19, 20, 21, 22, 32 Establishmentand Scope ........................................................................................................................................ .............................19 Establishmentof Standing Committees .................................................................................................................... ..............................5 Evaluationof Program Activities .............................................................................................................................. .............................13 Examination.................................................................................................................................................. ............................21, 23, 25 Examinations........................................................................................................................................................... .............................21 Examineand Inspect ............................................................................................................................................... .............................16 Excessive................................................................................................................................................................. .............................21 Executive and Administrative Qualifications ............................................................................................................ .............................14 ExecutiveOfficer .................................................................................................................................................... .............................16 ExecutivePowers .................................................................... ............................... ..... .................................. ..............................8 ExecutiveSecretary ........................................................ ............................... ..... ................................. .............................32 Expedient...................................................................... ............................... ......... ................................. .............................15 Expiration....................................................................... ............................... ....... .............................7, 17, 19, 29, 32 Expire................................................................................ ............................... ............. 2, 5, 6.8. 9, 10, 11, 12, 13.33 F Facilities.................................................................... ............................... .................................... .............................10 FeminineGender ................................................ ............................... ........... ................................ .............................26 FieldHouse ...................................................... ............................... ......... ............ ............................ .............................13 FinalResolution ............................................. ............................... .......... ............................................ .............................18 FinanceCommittee ........................................ ............................... ....... ...... ............. .............................5, 6, 21, 23, 24, 25 Financial.............................................. ............................... .... ...... ....................... ............................15, 23, 24, 25 Findings............................................. ............................... ............... ........................................ .............................6, 21 FireChief ..................................... ............................... ................ ............................................ .............................14 FiscalEffect ... ...... ................ ............................................. ..............................7 FiscalYear .......... ............................... ..... ................................................................ ............................15, 23, 24 ForestCommittee ......................... ............... ......... ....................................................................... .............................13 ForestryServices ...................... ........................ .......... ................................................................... .............................19 FormerCapacity ................... ............................... ............ ..................................................................... .............................32 Formulation.............................. ............................. ............................................................................. ............................12, 13 Fraudulent..... ............................... ......................... .................................................................................. .............................21 Fulland Complete Inventory ............. .................... ................................................................................:.. .............................16 Fulland Complete Record .................... ............ ...................................................................................... .............................15 FullJurisdiction .......... ............................... .... .......................................................................................... .............................15 FullReport ..................... ............................... .............................................................................................. .............................15 Full -Time Basis .................. ............................... .................................................................................................. .............................32 Function..................................................................................................................................... .............................1, 4, 5, 16, 18, 19, 24 Funds................................................................................................................................................. .............................6, 19, 22, 24, 25 FurtherAction ........................................................................................................................................................... ..............................6 G General.......................................................................................................................................... .............................1, 4, 10, 23, 25, 26 General Law ....................................................... .............................7, 8, 9, 10, 11, 12, 13, 15, 16, 18, 21, 22, 23, 24, 25, 26, 28, 30, 31 GeneralProvisions .................................................................................................................................................... ..............................8 Gift............................................................................................................................................................................ ..............................9 Given, Bequeathed or Deposited ............................................................................................................................. .............................22 Government............................................................................................................................................... .............................1, 8, 27, 32 Groundsfor Recall ................................................................................................................................................... .............................29 Guide....................................................................................................................................................................... .............................15 H Health................................................................................................................................................................... .............................7, 12 HousingAuthority ................................................................................................................................................. .............................9, 12 1 ImmediatePreservation of the Peace ....................................................................................................................... ..............................7 Improvementor Embellishment ............................................................................................................................... .............................22 Incapacityor Illness ................................................................................................................................................. .............................16 39 Reading Home Rule Charter Review- 2013 5 u3 Town of Reading Home Rule Charter Index Income..................................................................................................................................................................... .............................24 Incorporation............................................................................................................................................................. ..............................1 IndustrialDevelopment ....................................................................................................................................... ............................11, 33 Information........................................................................................................................................ ............................11, 16, 24, 25, 27 Inspection............................................................................................................................................................ ............................21, 28 Installationand Exercise .......................................................................................................................................... .............................21 Intentto Leave ......................................................................................................................................................... .............................18 IntergovernmentalRelations ..................................................................................................................................... ..............................1 InterlocalAgreement ................................................................................................................................................. ..............................8 Interpretationof Powers ............................................................................................................................................ ..............................1 Invalid....................................................................................................................................................................... .............................26 Investigate................................................................................................................................................................. ..............................6 Issuance................................................................................................................................................................. .............................7, 9 Issuanceof a Warrant ............................................................................................................................................... ..............................7 J Jurisdiction..........................................................................:............................................................................... ............................15, 16 K Keep.................................................................................................................................................................... ............................15, 16 L Land -Bank Committee ....... Language and Form........... Last Known Address.......... Laws.... ............................... Legal Holidays ................... Legal Instruments .............. Legislative .......................... Levied or Assessed............ Library. ............................... Licenses ............................. Licensing Board ................. List of the Inhabitants......... Local Newspaper ............... Long Term .......................... ........... .............................13 ............ ..............................8 ....... .............................4, 17 ................2, 8, 9, 14, 28, 31 ......... ............................... 26 ......... ............................... 20 ............................1, 2, 5, 25 ......... ............................... 32 ........8, 9, 10, 15, 26, 28, 33 ....... .............................9, 20 ........... ............................... 9 ........... ............................... 2 ................19, 23, 24, 26, 28 ........... .............................16 M Maintenance........... ............................... ........... .................. ............................................ .............................9, 15, 19 Majority.............. ............................... ......... ................................ .............................3, 4, 8, 18, 19, 27, 28, 30, 32 Manager ......... ............................... .................. ......... .........1, 6, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 32, 33 Materials... ............................... .......................... .......... ........................................................ .............................9, 16, 21 Members ................................ ............................... .......2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 18, 24, 26, 27, 28, 32, 33 Membership............................... ............................ ................................................................................... ..............................2 Message......... ............................... ........................ ................................................................................... .............................23 Methodof Selection ........................... .................. .................................................................................... ..............................9 Minutes ........ ........... .......:....................... .......... ....................................................................................... .............................28 Moderator.................... ............................... ....................................................................... .............................3, 4, 5, 6,.8, 11 Modem Concepts of Fiscal Presentation....... ............................................................................................... .............................24 Money ................................. ............................... 9 ................................................................................................... ............................... MoniesCollected ..................................................................................................................................................... .............................22 Multiple-Member Body ................................................................................................................................... .............................9, 27, 28 Municipal............................................................................................................................................ .............................1, 10, 11, 15,19 MunicipalAffairs ........................................................................................................................................................ ..............................1 Municipal Light Board of Commissioners ................................................................................................ .............................8, 10, 15, 33 MunicipalLighting Plants ......................................................................................................................................... .............................10 N Nominationof Candidates .................................................................................................................................... .............................3, 30 NominationPapers ................................................................................................................................................... ..............................3 NominationProcedures ............................................................................................................................................ ..............................3 Notice....................................................................................................................... .............................3, 4, 5, 15, 19, 23, 27, 28, 29, 30 Nullify....................................................................................................................................................................... .............................18 Numberand Gender ................................................................................................................................................ .............................26 Numberof Members ................................................................................................................................................ .............................33 Numberof Terms ............................................................................................................................... ..........:..................8, 10, 11, 12,13 O Oathof Office ............................................................................................................................................................ ..............................4 Obligations........................................................................................................................................................... .............................5, 31 Occupation............................................................................................................................................................... .............................14 40 Reading Home Rule Charter Review - 2013 �r�3q Town of Reading Home Rule Charter Index OfficeHolder ............................................................................................................................................................ .............................30 Officeof the Town ............................................................................................................................. ............................16, 22, 25, 27, 29 Officers................................................................................................................................... .............................8, 14, 15, 20, 21, 28, 31 Official...................................................................................................................................................................... ............................... 8 Ombudsman.....................................:...................................................................................................................... .............................16 Operationof the Department ................................................................................................................................... .............................20 Organization........................................................................................................................................................ ............................18, 19 OtherCommittees .................................................................................................................................................... .............................13 OverallPlans ............................................................................................................................................................ .............................13 P Parks................................................................................................................................................................... ............................13, 19 Participation.............................................................................................................................................................. ..............................5 Payment............................................................................................................................................................... .............................7, 21 Penalties.................................................................................................................................................................. .............................32 Performance...................................................................................................................................... .............................5, 19, 21, 22, 27 Personor Agency ..................................................................................................................................................... ..............................6 Personnel................................................................................................................................................. .............................9, 10, 14, 15 Petition. ................:.................................................................................................................................................... ..............................7 Physical.................................................................................................................................................................... .............................11 Placeof Business .................................................................................................................................................... .............................28 PlanningBoards ....................................................................................................................................................... .............................11 Playgrounds.............................................................................. ............................... ......................................... .............................19 Pleasure........................................................................... ............................... .... ................................ .............................20 PluralNumber ............................................................... ............................... ......... .................................. .............................26 PoliceChief ................................................................... ............................... .... ... ............................. .............................14 Policies............................................................................. ............................... ........... ......... .............................8, 15, 20, 23 PolicyFormulation ............................................................ ............................... .............. ........... .............................20 Powers and Duties ................................................................. ............................... 8, 9, 1 13, 14, 19, 20, 21, 22, 32, 33 Practices.................................................................... ............................... ............. ............................... ............................15, 21 Precinct............................................................... ............................... ........... .......... .............................2, 3, 4, 6, 27, 29 Preliminary....................................................... ............................... ......... ............ ................. ............................17, 18, 28 Prepare.......................................................... ............................... .......... ............................................ .............................15 Prescribe........................................................ ............................... ....... ...... ........................... ............................19, 21, 28 Presentation........................................ ............................... .... ...... ...................................... ............................... 24 Preservation....................................... ............................... ............... .................................. .............................7, 12, 22 Press............................................ ............................... ................ ............................................ .............................28 PrivateSector Experience ....................... ............ ................. ............................................ .............................14 ProceduralMatters ............................. ......... ....................................................................... .............................6, 28 Procedures...... ............................... ............... ......... .................................................................. ............................28, 29 Production.. ............................... ........................ .......... ................................................................... .............................10 ProgramDevelopment.......... ............................... ............ ..................................................................... .............................13 Prohibitions.............................. ............................. .................................................................................. .............................18 PromptDeposit ............................. ......................... .................................................................................. .............................22 ProperAdministration ....................... .................... ................................................................................... .............................14 Property................. ............................... ............ ................................................................ .............................9, 11, 15, 16, 32 Proposal..................... ............................... .... ..................................................................................... ............................19, 33 Proposed........................ ............................... ................................................................. ............................15, 17, 23, 24, 25, 27 Provision ............................ ............................... ............................................ .............................3, 4, 9, 15, 18, 23, 25, 26, 30, 31, 33 Public ....................................................................................... .............................2, 3, 4, 5, 9, 12, 14, 16, 17, 18, 19, 23, 24, 25, 28, 29 Publication.............................................................................................................................................. ............................23, 24, 28, 30 Purchasing............................................................................................................................................................... .............................16 FF Qualification................................................................................................................................. .............................3, 14, 20, 21, 22, 30 Qualified............................................................................................................................................ ............................14, 16, 17, 21, 22 Quorum...................................................................................................................................................... .............................3, 4, 27, 28 R RealEstate .............................................................................................................................................................. .............................10 Realignmentof Precincts ......................................................................................................................................... ............................... 2 Rearrangement...................................................................................................................................................... ............................... 26 RecallPetition ............................................................................................................................................... ............................29, 30, 31 Recodificationof the Bylaws .................................................................................................................................... .............................27 Recommendations............................................................................................................................. .............................6, 15, 22, 24, 28 Reconsideration........................................................................................................................................................ ..............................6 Recordsof the Clerk ................................................................................................................................................. ..............................8 Records, Reports and Procedures ........................................................................................................................... .............................21 RecreationCommittee ......................................................................................................................................... .............................9, 13 Recruitment......................................................................................................................................................... ............................17, 32 References............................................................................................................................................................. ............................... 26 41 Reading Home Rule Charter Review -2013 5aHo Town of Reading Home Rule Charter Index Referendum.............................................................................................................................................................. ..............................7 RefuseCollection and Disposal ............................................................................................................................... .............................19 RegionalAuthorities .................................................................................................................................................. ..............................8 RegionalBoards ...................................................................................................................................................... .............................14 Registered.................................................................................................................................................... .............................2, 3, 8, 27 Registrarsof Voters ......................................................................................................................................... .............................2, 7, 29 Regularand Special Meetings ................................................................................................................................. .............................15 Regularor Special .................................................................................................................................................... ..............................7 Regulations.............................................................................................................................................. .............................9, 12, 20, 31 RelatedMatters ........................................................................................................................................................ .............................15 Removal.................................................................................................................................................. ............................15, 17, 18, 31 Rentaland Use ........................................................................................................................................................ .............................15 Reorganize.......................................................................................................................................................... ............................18, 19 Repair...................................................................................................................................................................... .............................15 Representative................................................................................................................... .............................1, 2, 3, 5, 8, 11, 14, 15.27 RequiredBy Law .................................................................................................................................................... .............................2, 7 Resignation................................................................................................................................................... ............................21, 29, 31 Resolution........................................................................................................................................................... ............................17, 18 Resources........................................................................................................................................................... ............................11, 19 Respective.......................................................................................................................................................... ............................14, 28 Responsible ....................................................................................... .............................9, 12, 13, 14, 15, 16, 17, 18, 19., 20, 21, 22, 24 Restrictions..................................................................................... ......................... .................................... Revision.................................................................................................................&...................... .............................2, ..............................9 3, 26.27 RoutineMatters .............................................................. ............................... Rules.............................................. .... ....................... .................. . . . . .. Rules Committee ....................... ............................... S Safekeeping................................................. ............................... Safety........................................................... ............................... Scheduling................................................... ............................... SchoolCommittee ........................................ ............................... School.......................................................... ............................... ...............6, 9. 11, 12, ........................17 20, 21, 27, 28, 31 ..........................6 ............ .............................22 ............................................................ 7 ............................. .............................13 ....................8, 9, 13, 15, 16, 23, 24, 33 ......................... .............................9, 13 Scope............................................................. ............................... 17,19 Secretaryof State ............................... ............................... .... .....a 2 Selection............................................ ............................... ............:.. ...................................... ..............................9 Session........................................ ............................... ................................................... .............................5, 7 Severability............... ............................... ............ ......:........................................... .............................26 Severance........... ............................... ......... ........................................................................... .............................18 Sewerand Park ............................ ............... ......... ....................................................................... .............................20 SewerageSystems ................... ........................ .......... ................................................................... .............................19 Sewers... ............................... ............................... ............ ..................................................................... .............................19 ShortTitle .. ............................... ............................. ................................................................................... ..............................1 SickLeave ..... ............................... ......................... .................................................................................. .............................14 SingularNumber ............................... .................... .................................................................................... .............................26 SpecialActs ........... ............................... ............ ................................................................................. ............................10, 31 SpecialCounsel ......... ............................... ... .......................................................................................... .............................20 SpecialElection ............. ............................... ............................................................................................... ..............................7 SpecificProvisions Prevail . ............................... .................................................................................................. .............................26 StateLaw ....................................................................................................................................................... .............................4, 21, 22 StateStatutes .......................................................................................................................................................... .............................20 StatementsSummarizing the Budget ...................................................................................................................... .............................25 Statute.................................................................................................................................................................... .............................5, 8 Streetsand Roads ................................................................................................................................................... .............................19 Submissionof Proposed Budget .............................................................................................................................. .............................23 Submit................................................................................................................................... ............................15, 18, 19, 23, 25, 29, 30 Subordinates............................................................................................................................................................ .............................14 SubsequentTown Meeting ....................................................................................................................................... ..............................7 Substance................................................................................................................................................................. ..............................8 Successor......................................................................................................................................... ............................21, 22, 29, 30, 31 SufficientTime .................................................................................................................................................... ............................23, 24 SummarizeThe Town's Debt Position ..................................................................................................................... .............................24 Summary.......................................................................:..................................................................................... ............................23, 25 Sumsand Accounts ................................................................................................................................................. .............................22 Superintendentof Schools ........................................................................................................................................ ..............................9 Supervise................................................................................................................................................................. .............................14 Supervision................................................................................................................................................... ............................20, 21, 22 Supplies.............................................................................................................................................................. ............................16, 21 SupportingDocuments ............................................................................................................................................ .............................23 SupremeJudicial Court of Massachusetts ............................................................................................................... .............................20 42 Reading Home Rule Charter Review - 2013 rl Qq Town of Reading Home Rule Charter Index Suspend............................................................................................................................................................... .............................7, 17 T Tableof Organization ............................................................................................................................................... .............................19 Taxes.................................................................................................................................................................. ............................22, 32 Temporary.........................:.................................................................................................................. .............................4, 7, 16, 21, 22 Term.................................................................................................................................................. ............................14, 16, 17, 21, 22 Termof Appointment ............................................................................................................................................... .............................13 Termof Existence .................................................................................................................................................... .............................14 Terminated............................................................................................................................................................... .............................17 Termination.............................................................................................................................................................. .............................18 Terms....................................................................................................... .............................2, 5, 6, 9, 12, 13, 14, 23, 25, 26, 29, 32, 33 TheProposed Budget .................................................................................:............................................................ .............................24 Timeof Effect ........................................................................................................................................................... .............................32 Timesand Places ............................................................................................................................................... ............................23, 28 TownAccountant ................................................................................................................................................. .............................9, 21 Town Agency ....................................................................................................... .............................7, 16, 18, 19, 20, 21, 23, 24, 27, 32 TownBulletin Board ............................................................................................................................................. .............................7, 28 Town Clerk ........................................................................................... .............................2, 3, 4, 5, 7, 14, 16, 22, 24, 27, 28, 29, 30, 31 TownCounsel ...................................................................................................................................................... .............................9, 20 Town Meeting ......................... ............................... 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 24, 25, 27, 28, 31, 32, 33 TownOfficer ............................................................................................................................................... .............................4, 5, 17, 27 Training..................................................................................... ............................... .................................... ............................14, 20 Transfer............................................................................ ............................... ... ................................ .............................19 Transferof Records and Property ................................. ............................... ......... .................................. .............................32 Transmission................................................................. ...........................:... .... .. ............................ .............................10 Treasurer......................................................................... ............................... ........... ........ ............................14, 21,22, 25 Trust.................................................................................. ............................... .... ............. .............................22 U Uncollected Claims or Accounts .......................... ............................... Unexpired.......................................................... ............................... Unlawful......................................................... ............................... V Vacancy.......................................... ............................... Vacant............................................ ............................... Vacation....................................... ............................... Variations.............. ............................... ...... Vocational School Representative ... Voluntary...... ............................... .................... Vote.......... ............................... ............................ Voters...... ............................... .............................. Voting........... ............................... ............................. ............................... 22 .4, 21, 22, 30, 31 ........................... .............................21 op........... - ...........................3, 4, 6, 17.21.22, 25, 29, 30 ............... ....... ..................................................... 2, 4,17, 21,31 ................ ............................................ .............................14 ............................................................................ ............................... 23 %�7,8,9,10,11,12,13,14,15,16,18,19,23,25,28,29,30,32 ..................................................................... ............................... 8 ...4 ................................................................... .............................18 , ................. .............................1, 2, 3, 5, 6, 7, 8, 25, 27, 28, 29, 31, 32, 33 ............................................................................... ............................... 28 W Waived.................... ............................... ......... ....................................................................................... .............................17 Warrant....................... ............................... ................................................. .............................4, 5, 6, 7, 19, 21, 25, W WarrantArticles .............. ............................... ........................................................................... .............................5, 6, 25 WaterSupply ...................... ............................... ................................................................................................... .............................19 WorkPrograms ................................................................................................................................................... ............................23, 24 WrittenAgreement ................................................................................................................................................... .............................14 WrittenNotice .................................................................................................................................... .............................3, 17, 18, 28, 30 WrittenReport .......................................................................................................................................................... .............................21 WrittenStatement .................................................................................................................................................... .............................17 Y YearTerms .............................................................................................................................. .............................8, 9, 10, 11, 12, 13, 32 Z ZoningBoards of Appeal .......................................................................................................................................... ..............................1 43 Reading Home Rule Charter Review - 2013 5aqd Massachusetts Department of Revenue Division of Local Services ADVANCE OF FUNDS IN LIEU OF BORROWING REPORT City/Town /District of Town of Reading, Massachusetts Purpose of Issue Library Renovation Project Special Town Meeting 01/28/13 Article 6 and Special Town Meeting 02/13/14 Article Authorization 6; under Ch 44 Sec 7 (3A) (Date and article of town meeting vote and M.G.L. citation) Grant Number (If applicable) IA. Amount of Loan Authorized $ 1,000,000 Computation of Limit on Total of Advances: B. Unappropriated Free Cash C. Stabilization Fund D. 1 % of FY 14 Budget E. Greatest of line B, C or D F. Other Advances Outstanding G. Remaining Limit ( line E less line F) H. Amount to be Advanced - This Issue (not to exceed line G) Date of Advance. Approved: April 15, 2014 06/30/13 $ 7,584,869 06/30/13 $ 1,549,505 $ 802,181 $ 7,584,869 $ 1,000,000 Mayor or City Manager, Majority of Selectmen or Commissioners Please send 1st Copy to: Accountant or Auditor $ 6,584,869 $ 1,000,000 Treasurer See IGR #92 -105 for instructions and accounting procedures Date of Repayment to General Fund: Accountant /Auditor Please send 2nd Copy to: Division of Local Services Public Finance Section PO Box 9569 Boston MA 02114 -9569 (Revised: December 2003) �I Massachusetts Department of Revenue Division of Local Services ADVANCE OF FUNDS IN LIEU OF BORROWING REPORT City/Town /District of Town of Reading, Massachusetts Purpose of Issue West Street Roadway Improvement Project Authorization Subsequent Town Meeting 11/12/13 Article 7; under Ch 44 Sec 7 (5) (Date and article of town meeting vote and M.G.L. citation) Grant Number (If applicable) IA. Amount of Loan Authorized $ 1,000,000 lComputation of Limit on Total of Advances: B. Unappropriated Free Cash C. Stabilization Fund D. 1 % of FY 14 Budget E. Greatest of line B, C or D F. Other Advances Outstanding G. Remaining Limit ( line E less line F) H. Amount to be Advanced - This Issue (not to exceed line G) Date of Advance: Approved: April 15, 2014 06/30/13 $ 7,584,869 06/30/13 $ 1,549,505 $ 802,181 $ 7,584,869 Mayor or City Manager; Majority of Selectmen or Commissioners Please send 1st Copy to: Accountant or Auditor $ 7,584,869 $ 1,000,000 Treasurer See IGR #92 -105 for instructions and accounting procedures Date of Repayment to General Fund: Please send 2nd Copy to. (Revised: December 2003) Division of Local Services Public Finance Section PO Box 9569 Boston MA 02114 -9569 Accountant /Auditor 5'�a k Town of Reading Meeting Minutes Board - Committee - Commission - Council: Board of Selectmen Date: 2014 -03 -18 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Chairman James Bonazoli, Vice Chairman John Arena, Secretary Ben Tafoya, Selectmen Daniel Ensminger and Marsie West Members - Not Present: Others Present: Town Manager Robert LeLacheur, Office Manager Paula Schena, Library Director Ruth Urell, Town Engineer George Zambouras, John Halsey, Steven Ryan, Kevin Sexton, Steve Goldy, Meghan Burke, Daniel Cotter, Joan Boegel, Laurie Ann Sylvia, Sean Sylvester, Arthur Dulong, Dan Conti, Theresa Boucher, Mary Ann Sweetser, John Davis, Virginia Morency, Andrew Joos, Sheila Narayanan, Paul Cain, Joan Boegel, Ron D'Addario, Laurie Ann Sylvia Minutes Respectfully Submitted By: Secretary Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments — Marsie West noted that the ad hoc Zoning Advisory Committee will do a brief report at Town Meeting and the Town's website has zoning information on it. She also thanked James Bonazoli and Ben Tafoya for their nine years of service to the Town. Public Comment — Representative James Dwyer and Representative Brad Jones were present to present James Bonazoli and Ben Tafoya with certificates of appreciation for their nine years of services to the Town. Town Manager's Report — The Town Manager gave the following report: Technology - We had a failure in our voicemail system today, that had no advance warning signs. We quickly posted news about that failure via the website and alerted employees, but apologize for the inconvenience this may have caused to anyone. We have funding in the FYI capital plan to replace the phone system, which is over ten years old. Today we learned that our phone technology is too old to easily repair. We will know in 24 hours what the best path forward is, one option is to ask FINCOM for an emergency Reserve Fund transfer and speed up that replacement process. While the phone system otherwise works fine, we know voicemail is now a necessity and not a luxury in order to conduct our business with the community. Page I 1 Inn Board of Selectmen Minutes — March 18 2014 — page 2 West Street - Today the state officially pushed the West Street advertisement date to April 26th. This is most likely the last postponement. MassDOT typically holds the bids open for a 3 month period which will result in an August to September start date for the roadwork. The project will last approximately 2 years. The gas company is in the process of replacing the gas mains in anticipation of the West St. Project (Woburn Town Line to Edgemont Ave.) The Edgemont area will be under construction during the school summer recess. MWRA is in the bid process for their 36" water main along West (Woburn line to Oak Street). This work is expected to start in May or June '14. The Town will start populating our web site with the latest plans, information and anticipated detour routes in upcoming weeks. Bylaws - The Attorney General approved Articles 12,13,14 & 15 from November 2013 Town Meeting, which placed a variety of amendments on Reading bylaws (Off Premise Signs, John Woods PUD, Exempt Uses, and Medical Marijuana Moratorium). See the attached sheet which contains some significant comments from the AG's Office Finance - As reported via email, the Legislature is preparing their fiscal FY15 budget, and it appears that we will not get much help in additional state aid when compared to the Governor's budget proposal. Specifically, the legislative draft version calls for an additional $77,841 in aid, but we have not yet seen in State Assessments may rise to erase those gains. Volunteers - Thank you to Selectmen James Bonazoli and Ben Tafoya! Nine years ago they joined the Board together, and tonight is their last meeting. We are all better off from their dedication and hard work on behalf of the entire community. Enclosed in your packet tonight are some thoughts from both of them that will serve to have discussion as our last agenda item. Discussion/Action Items Library `Big Read Event" — Library Director Ruth Urell and Andrea Ferullo were present to promote the "Big Reading Event" that the Library is conducting. West Street Easements — Town Engineer George Zambouras noted that this is the final step of the process. He noted that 114 temporary easements are being obtained from 103 parcels and this is required by the State. The extent of the easements range from 15 square feet to 1500 square feet and are for a five year period. The easements will be recorded and will not exist after five years. The total cost is $173,350 and this was approved at Town Meeting. He will prepare the official award letter and the resident will take the letter to the Treasurer and collect their money. The resident has three years to go to court if they feel the amount is not enough. Trees within the 10 foot right of way will be protected. Daniel Ensminger asked if there will be any permanent takings and George Zambouras indicated there are not. George Zambouras noted that the State is advertising on April 26th and plan on starting in August or September. The gas company is replacing one mile of pipe and that has already started and will last until August. The MWRA is installing a 32" water main and they are out to bid and will start in May and complete by September. Page 1 2 Co (.� Board of Selectmen Minutes — March 18, 2014 — page 3 The Town Manager noted that Public Safety has discussed detour routes. West Street will not be totally closed. There will be at least one side open and one detour route will be used. Paul Cain, 319 West Street noted he received a letter that requires a signature if there is no monetary value. He asked what happens if he doesn't sign. The Town Engineer noted that letter should be signed if the resident wants to donate the easement and nobody has responded to that. Mr. Cain asked who bears responsibility for damages to the property and George Zambouras indicated the contractor does. Dan Connor, 6 Summer Avenue asked if the intersection of Summer /Willow and West will be reconfigured and will the culvert be done over. The Town Engineer indicated it will not because it is outside the area. A resident from 299 West Street asked if there will be a sidewalk and the Town Engineer indicated yes there will be some grass area and then the rest sidewalk Arthur Dulong asked if he should expect heavy equipment to be bordering his driveway for years because it is there now and there is no work being done. The Town Engineer indicated there is typically one or two pieces of equipment and they shouldn't be there for prolonged periods of time. Marianne Sweetser asked about the parameters of the easement and the Town Engineer indicated it gives the contractor permission to add loam for grading and to readjust driveway aprons. Ms. Sweetster asked why this is a five year easement when the project is only going to take two years and the Town Engineer indicated this gives them some leeway because they weren't sure of when they would be starting. A resident from 3 Palmer Hill asked what the minimum width is for the sidewalks and asked if any poles are being moved. The Town Engineer indicated the minimum width is five feet and some poles are being moved a couple of feet but her driveway remains the same. A motion by Tafoya seconded by Arena that the Board of Selectmen, acting under the authority of a vote of Reading Town Meeting pursuant to Article 7 of the Subsequent Town Meeting held on November 12, 2013 and in accordance with Chapter 82 of the General Laws of said Commonwealth, and acts in amendment thereof and in addition thereto, approves the Order of Taking for temporary easements to construct and maintain roadway improvements on portions of West Street, Wentworth Road, Countryside Drive, Lewis Street, Scotland Road, Howard Street, Prescott Street, Wescroft Road, Woburn Street, Fremont Street, Winslow Road, Kine Street, Edgemont Avenue, Palmer Hill Road, and Arcadia Avenue for the construction of the West Street Roadway Reconstruction Proiect in said Town of Reading, was approved by a vote of 5 -0 -0. Climate Advisory Committee Annual Update — Joan Boegel, Ron D'Addario and Laurie Ann Sylvia were present. Joan Boegel reviewed their mission statement, action plan and progress to date. Ms. Boegel noted that proposed projects include: community shared solar; LED street lighting; recycling for Main and Haven Street businesses; bike lanes in town; trees on south Main Street; publicizing success stories; electric car charging stations in town and follow up on the Climate Change Report. Page 1 3 ((,&3 Board of Selectmen Minutes — March 18, 2014 — page 4 Ron D'Addario indicated that the committee would like to work closer with the Board of Selectmen. Second Driveway Request 181 South Street — Diane Miller, Architect and the home owner were present. Ms. Miller noted that they are proposing an addition to the house and a new driveway on the west side. The total frontage is 158 feet. This addition will create additional space to join the family and this driveway will service their use. Town Engineer George Zambouras noted that the driveway will not affect the site distance. Engineering has no problem with this. The only requirement is to verify that the tree is on private property. A motion by Tafoya seconded by West that the Board of Selectmen approve the second driveway at 181 South Street as indicated on the plot Dlan submitted and subiect to the condition that the Enaineerina Division shall verify that the tree proposed to be removed is not a public shade tree, was awroved by a vote of 5 -0 -0. Hearing — FYI Water, Sewer and Storm Water Rates — The Secretary read the hearing notice. The Town Manager noted that very little has changed. The rates cover local costs, the capital and debt plan and water main replacement. He is recommending a three month delay in the rates to begin in December. Ben Tafoya suggested putting larger water projects as a debt exclusion so it will be a tax deduction. Marsie West asked if this money is to fix culverts and the Town Manager indicated it has not in the past because when the fund was established there was discussion that we wouldn't add anything we weren't already doing. John Arena asked if we have an inventory on culverts and the Town Manager indicated he wasn't sure. This is a discussion that the Board needs to have in the future. Ben Tafoya noted it is ridiculous to increase the rates by 10% to give an early payment discount. John Arena asked how many take advantage of the discount and the Town Manager indicated approximately 70 %. A motion by Tafova seconded by Ensminger to close the hearing on setting the FY15 water, sewer and storm water rates was approved by a vote of 5 -0 -0. A motion by Ensminaer seconded by West that the Board of Selectmen set the FY 2015 Water Rate at $9.45 Der 100 cubic feet with a minimum quarterly bill of $19.90 effective with the December, 2014 billina was approved by a vote of 5 -0 -0. A motion by Ensminger seconded by West that the Board of Selectmen set the FY 2015 Sewer Rate at $10.56 per 100 cubic feet with a minimum quarterly bill of $21.12 effective with the December, 2014 billina was approved by a vote of 5 -0 -0. Page 14 in Wq Board of Selectmen Minutes — March 18, 2014 — page 5 A motion by Ensminger seconded by West that the Board of Selectmen set the Storm Water Rate at $40 per unit (3210 square feet) per year to be billed quarterly effective with the December, 2014 billing was approved by a vote of 5 -0 -0. Close Warrant for State Special Election on April 1, 2014 — The Town Manager noted that we will be trying out new voting machines at this election. A motion by Tafoya seconded by West that the Board of Selectmen close the Warrant for the State Special Election to be held on April 1, 2014 at Reading Memorial High School Hawkes Field House, 62 Oakland Road from 7:00 a.m. to 8:00 p.m. was approved by a vote of 5 -0 -0. Review Board of Selectmen Mission, Vision and Values — The Town Manager noted that he didn't know as much as he thought until he volunteered for the Town. He noted that it is a hardship to take the low bid at times. He noted that for the performance contracting we were allowed to take the 3`d or 40' lowest bid and that worked out fine. James Bonazoli noted that everything stems around communication so how do we get the word out aside from open community sessions. Marsie West indicated that the Zoning sessions are working great. John Arena noted that the next generation is very mobile and the question is how to communicate with them. James Bonazoli noted that there are a lot of older people working in the public sector. Ben Tafoya noted we have hundreds of volunteers and we should give people choices such as community alerts, email, Facebook and Twitter. John Arena thanked James and Ben for the years that they served the Town. Ben Tafoya noted the hardest part of the job is saying no to neighbors who have reasonable requests. A motion by Tafoya seconded by Ensminaer to adiourn the meeting at 9:45 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary Page 1 5 (AA-5 101q MAR 18 AM 7. 59 March 3, 2014 To Whom It May Concern: q (- gas For the past five and a half years, I have enjoyed serving on the Reading Cultural Council, the last two and a half years as chairperson. The Massachusetts Cultural Council mandates that after six years, members must step down for at least one year. In accordance with that regulation, I had intended to serve the remaining portion of my term. Unfortunately, due to family obligations it is necessary for me to excuse myself from the council at this time. The council presently has seven members including myself; in addition we have an associate member. The associate member, Donna Schenkel, has displayed enthusiasm and professionalism. Donna has contributed in very useful ways already, volunteering her time and talents to design graphics for our advertisements and business cards. It is my hope and recommendation that Donna Schenkel be appointed as a full member of the Reading Cultural Council. I am hopeful that this appointment can occur as seamlessly as possible. If you would like to speak with me further about Donna, please feel free to contact me via email at Icassinari @verizon.net or by phone (781) 439 -1039. It has been a honor and privilege to serve the town of Reading. Sincerely, Ly a Cassinari q G� q c BaS Board of Selectmen Town of Reading 16 Lowell St. Reading Ma. 01867 Subject New Cemetery Building Dear Board Previous Boards and the Town Manager seem to have a mind to everything being consolidated including the Cemetery department with the DPW .My question is WHY ? The Town Manager in Article 8 of the upcoming Town Meeting refers to 12 Middlesex League Communities OPEB funding strategies. Using those same communities I found that NOT ONE " CONSOLIDATED " their Cemetery department with their DPW operations . The " CONSOLIDATION " will cost the Cemetery department between $ 10,000 and $ 12,000 a year just to have employees riding in trucks just to get to the four cemeteries that are all North of Reading Square and that does not take in the time wasted . Because of the neighborhood a new 4,000 Sq Ft building at the Forest Glen site would cost more per Sq Ft that the proposed at New Crossing Rd but that cost deferential would be more than offset by the increased efficiency and safer and by being centrally located to the other three cemeteries The Cemetery department like every other Town Department goes to the DPW site for fuel and major repairs using the " CONSOLIDATION " theory then perhaps we " CONSOLIDATE " the Fire and Police departments at New Crossing Rd. The time has come and past to replace the over one hundred year old building at Laurel Hill , I ask your Board to instruct the Town Manager to proceed with a new building in Forest Glen. , zlel& Sincerely William C. Brown 28 Martin Rd. Reading Ma 01867 781 944 2807 . t� 1-166os LeLacheur, Bob From: cnj4 @aol.com Sent: Tuesday, April 01, 2014 5:34 PM To: Town Manager Subject: From: Jeff Everson - Road Condition Attachments: IMG_3140.1PG; IMG_3144.JPG The attached photos show the deteriorated condition of the road jUSt beyond my driveway. As you can see there is large, gouged section of the road at the end of the cul de sac. On the periphery there is a sizable pile of road chunks that were created during snow plowing. The neighbors and I would greatly appreciate it if the DPW would repave our short street. Thank you. Jeff Everson 21 Pine Ridge Circle Reading, MA 01867 1 qd �r ,mac -•'-.- F_ ' - . .`.R� �, - - _ .. w Ott AkIr i r Fit � _ LeLacheur, Bob From: cnj4 @aol.com Sent: Thursday, April 03, 2014 11:32 AM To: Town Manager Subject: Thank You Hi Bob, The DPW folks cleaned up the road debris this morning. It looks better. Thank you for getting started with this project. Best, Jeff Everson 21 Pine Ridge Circle Reading, MA 01867 QC3 I�����V • 1 556 • Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 March 31, 2014 Dear Selectmen, It is spring and time to help the Adopt an Island program volunteers get started for the new growing season. The Reading Garden Club and the Town will enter our 19th year of partnership in this program. We have 100 sites with nearly as many volunteers planting and maintaining these gardens throughout the growing season. The islands add beauty to our town. Therefore, it is my pleasure to offer the following invitation to you as members of the Board of Selectmen The Reading Garden Club .Adopt an Island Committee CorduiCCy invites the Board of Selectmen ?"o share in another year of partnership between the Garden Club, Tonwn and its citizen voCunteers �ro the .AnnuaC.Adopt an Island'Volunteer Spring Xick -off Reception On 'Wednesday, .April16, 2014 Senior Center 7 PM R.S.V.P. Jane M Fiore at flore j5 @verizon.net or 781 - 944 -8570. We look forward to seeing you on April 16, 2014. Sincerely, Jane M. Fiore, Chair Reading Garden Club /Adopt an Island Committee MR 1014 MAR 3 i PM 1- 20 c ousr March 27, 2014 Mr. Robert W. LeLacheur Town Manager Town of Reading 16 Lowell Street Reading, sachusetts 01867 -3709 Dear Mr eur: Congress of tot unitleb *tiatrs of &Vr esrntaflues JOHN F. TIERNEY MASSACHUSETTS SIXTH DISTRICT Just a quick note of thanks for your participation in last week's business walk of Haven Street. As a past Chamber of Commerce President, these events are always a great chance to further connect with small business owners, hear their thoughts, and exchange ideas. I hope that you found the experience a good use of your time. Hosting similar events across the District gives me a good sample of our local economies and issues facing small business owners. Seldom do I come away from these walks uninspired by the people I meet. The passion and gumption of our small business and entrepreneurial community underlines the common refrain that such businesses are drivers of economic growth. As I continue my work in Washington to craft policy in support of small business, I will surely reflect on the conversations had last Wednesday in Reading. Thank you again for taking time out of your schedule to join me. As always, feel free to be in touch with me or my office if we can ever be of assistance to you. �I S r f' ohn F. Tierney Member of Co ss 1 IA COMMITTEES EDUCATION & LABOR SUBC ON HIGHER EDUCATION, LIFELONG LEARNING AND COMPETITIVENESS SUBC ON HEALTH, EMPLOYMENT, LABOR AND PENSIONS OVERSIGHT & GOVERNMENT REFORM SUBC ON NATIONAL SECURITY AND FOREIGN AFFAIRS ICHAIRMANI SUBC ON DOMESTIC POLICY PERMANENT SELECT COMMITTEE ON INTELLIGENCE SUBC ON OVERSIGHT AND INVESTIGATIONS 2238 RAYBURN HOUSE OFFICE BUILDING DEMOCRATIC STEERING & POLICY COMMITTEE 17 PEABODY SQUARE WASHINGTON, D.C. 20515 PEABODY, MA 01960 (202) 225 -8020 (978) 531 -1669 http: / /www.tierney.house.gov Printed on recycled paper. LYNN 1781) 595 -7375 COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE GOVERNOR State House, Room 360, Boston, MA 02133 (617) 725 -4005 FAX (617) 727 -9725 April 1, 2014 DEVAL L. PATRICK GOVERNOR Mr. Robert W. LeLacheur, Jr., Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Dear Mr. LeLacheur, Jr.: TEL: (617) 725 -4005 FAX: (617) 727 -9725 hftp:/twww.mass.gov/governor We are pleased to inform you that the Chapter 90 local transportation aid funding for Fiscal Year 2015 will total $200 million statewide. While the $200 million is provisional based on the passage of the pending transportation bond bill, the Fiscal Year 2015 apportionment reflects a level funding from the previous fiscal year and continues to represent the highest level of funding apportioned for local transportation aid in the past decade. This letter certifies that the Town of Reading's Chapter 90 apportionment for Fiscal Year 2015 is provisionally $605,869, based on the passage of the transportation bond bill. Once the transportation bond bill authorizing the Chapter 90 Program is passed into law, this apportionment is automatically incorporated in your existing 10 -Year Chapter 90 contract, available on the MassDOT website http:// www .massdot.state.ma.us /chapter9O. Prior to the enactement of the transportation bond bill municiaplities may not obligate the provisional funds identified in this letter. We look forward to working closely with your community to ensure the continuing success of the Chapter 90 program in the years to come. Please feel free to contact Maria Conti at (857) 368 -9144 or Paul Jay at (857) 368 -9150 with any questions you may have regarding the Chapter 90 program. Sincerely, Governor qP O� OF gFgO' tic ,6J9PIHCORP��P� To: Office of the Town Manager 781 - 942 -9043 16 Lowell Street townmanager @ci.reading.ma.us Reading, MA 01867 www.readingma.gov /town /town - manager Massachusetts Civil War Sesquicentennial Commission Boston, MA From: Robert W. LeLacheur, Jr. CFA Date: April 8, 2014 RE: Civil War Preservation Grant — letter of support for Town of Reading Dear Commission Members: I am writing to enthusiastically support the Town of Reading's application for a Civil War Preservation Grant. Reading is proud of its rich history of involvement in the American Civil War. To see that the gravestones of our Civil War soldiers have fallen into disrepair has been disheartening. Reading's Historical Commission and other local groups are working hard to honor Civil War soldiers and sailors who served from Reading. This includes developing a self - guided Civil War walking tour of our cemeteries. With assistance from this grant, the graves of these fallen Civil War soldiers and sailors will be honored as they should be. Likewise, those that visit their graves will know that we care about their service. Please help us to begin the work that is so badly needed. Thank you, Robert W. LeLacheur, Jr. Town Manager 0� OF tic Office of the Town Manager �0 16 Lowell Street J @�9'fNCORp�p'R Reading, MA 01867 To: Scott Wolf Greater Boston Properties, Inc. 696 Tremont Street Boston, MA 02118 From: Robert W. LeLacheur, Jr. CFA Date: April 3, 2014 RE: School House Condominiums fine 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov /town - manager Thank you for stopping by earlier this week, I'm glad the weather and our mutual schedules finally allowed it. The safety issues at the above referenced properties that the Reading Fire Department first raised in May 2012 were extremely serious in nature, and we are all very fortunate that there was no serious ill - effect from the lengthy delay until the ultimate repairs were formally closed out over one year later. Despite our best efforts at communication for six months, $50 daily fines were finally levied beginning on December 14, 2012. The lack of cooperation we received to that point was very troubling, and the fines truly were a last resort. Our goal is safety, and not income. I appreciate the fact that once you personally became aware of these issues you took swift actions to remedy the situation, including the termination of an employee in January 2013. The pump was finally installed on April 23, 2013 and we stopped the daily fines at that point. The fines therefore totaled 133 days x $50 or $6,650. After our recent meeting I am confident that you took responsible steps to remedy the situation, as our mutual goal should continue to be safety. As you stated, both the property management company and the condominium board appear to be at fault here, and I applaud the ultimate sharing of all fines levied between these two parties. In good faith I am willing to reduce the fines by eliminating the final 31 days when it was clear that responsible actions had been taken and installation of proper safety equipment would soon follow. This brings the total fines levied to 102 days or $5,100 in total. I trust you will find this an inexpensive price to pay when compared to the dangerousness of the overall situation. Thank you, Robert W. LeLacheur, Jr. Town Manager qh ST� LeLacheur, Bob From: Massachusetts Municipal Association <alerts @mma.org> Sent: Wednesday, April 09, 2014 10:49 AM To: LeLacheur, Bob Subject: PATRICK ADMINISTRATION TO PROVIDE CITIES AND TOWNS WITH $30 MILLION FOR POTHOLE AND WINTER RECOVERY EFFORTS Wednesday, April 9, 2014 PATRICK ADMINISTRATION TO PROVIDE CITIES AND TOWNS WITH $30 MILLION FOR POTHOLE AND WINTER RECOVERY EFFORTS $30 MILLION IN ONE -TIME AID TO BE AVAILABLE AND ALLOCATED THROUGH CHAPTER 90 FORMULA In one hour, Secretary of Transportation Richard Davey will officially announce that Governor Patrick has established a $40 million "Pothole and Winter Recovery Program" that will provide cities and towns with $30 million in funding this spring to repair potholes and other damage to roads, signs, facilities and equipment caused by the punishing winter. The remaining $10 million will be used by the state Highway Division for similar repairs to state roads. Secretary Davey will make the announcement at a press conference in Dorchester, joined by MMA President and Attleboro Mayor Kevin Dumas, Braintree Mayor Joseph Sullivan and other state and local officials. According to MassDOT, this one -time program is funded through anticipated surpluses in the state's fiscal 2014 capital spending plan, caused by "the delay in the passage of transportation bond bill." The $30 million for cities and towns will be allocated to municipalities using the Chapter 90 formula. The program will allow municipalities to implement "repairs of potholes, cracking, signage, guardrail or other damage," as well as "repairs to municipal vehicles or transportation facilities (e.g. garages, fueling stations)" or "projects identified through written agreement between MassDOT and a municipality." MassDOT officials have outlined the following details: 1) the program will be implemented this month, with all qualifying work completed by September of 2014; 2) the department will issue one -time contracts with municipalities allowing them to draw down their share of the $30 million for the specific purpose of road and facility repairs; and 3) these contracts will include a "use it or lose it" clause to ensure that the funds are obligated for specific projects prior to the end of this fiscal year on June 30 and that funds are spend and projects completed by next September. Cities and towns will be receiving official notification and information of this program within the q'i I next several days. This year's harsh winter has damaged local roads, generated countless potholes and placed a huge burden on local taxpayers as municipal leaders work to shore up their crumbling roadways. Communities will put these funds to immediate use rebuilding and repairing roads, equipment and facilities in every corner of Massachusetts, which will save money, help our economy and improve public safety. This is very good news for cities and towns, and the MMA applauds Governor Patrick, Secretary Davey and MassDOT for this important program! One Winthrop Square, Boston, MA 02110 (617) 426 -7272 All contents copyright 2013, Massachusetts Municipal Association Unsubscribe 19 D ql2 Devai L Patrick, Governor Richard A. Davey, Secretary & CEO massDOT Massachusetts Department of Transportation Winter Rapid Recovery Road Program (WRRRP) Rules and Regulations April 9, 2014 1. Eligible projects include (a) patching of potholes, cracking and other surface defects, including paving projects, (b) repair and or replacement of signage, guardrail, storm grates, or road striping or painting, or (c) projects identified through written agreement between the MassDOT Highway Division District Office and the specific city or town. 2. We have enclosed A MassDOT Standard Contract Form. The highlighted items must be completed, signed and returned within one week of receipt. 3. Under the WRRRP, determination of the amount of the funds allocated for each city and town is based upon the parameters of the Ch 90 program; Road Miles, Population, and Employment. Please note neither the WRRRP nor any expenses incurred to be reimbursed under the WRRRP fall under the Chapter 90 program. 4. Monies for each specific city or town will be encumbered by MassDOT, This results in the monies being obligated on The Commonwealth's accounting system for the purpose of effecting the reimbursement of bills paid by the cities and towns for projects as delineated above. 5. Projects must be physically completed by June 30, 2014. 6. Copies of invoices from the communities, along with evidence of payment to contractors, must be received by the respective District Office State Aid Engineers by August 1, 2014, District Offices will then process the reimbursement paperwork through MassDOT Headquarters. These invoices must be clearly marked as "WRRRP Eligible, "Invoices received at the District Offices after August 1 will not be reimbursed. 7. If the total amount of invoices submitted to MassDOT for the WRRRP is less than the total funds allocated, the remainder of this funding is lost and will be de- obligated. This is the "Use it or Lose it" rule. 8. Cities and Towns will be reimbursed by September 30,t' for their expenditures pertaining to the WRRRP program up to the specified amount as per the Secretary's letter of April 9"'. Leading the Nation in Transportation Excellence Ten Park Plaza, Suite 416Q Roston, AAA 02116 Tel: 857 - 3684636, TTY: 857 - 368-0655 www.mass.gov /massdot 9.3 Deval L Patrick, Governor Richartl& Davey, Secretary & CEO April 9, 2014 , Chairperson Dear Mr massDOT Massachusetts Department of Transportation Given the extraordinary winter season the Commonwealth faced this past year and the serious toll it took on our roads, we are pleased to announce a "Winter Rapid Recovery Road" program designed to benefit all 351 cities and town across the Commonwealth. Governor Patrick has approved $40 million for a statewide program. We are designating $30 million of that as direct aid, as apportioned via the Chapter 90 formula, for cities and towns and $10 million for improvements to state roads. MassDOT is issuing a one -time contract allowing the Town of' the draw down of $ , for the reimbursement of specific purpose road and road facility repairs resulting from this harsh winter. Eligible projects include (a) patching of potholes, cracking and other surface defects, including paving projects, (b) repair and or replacement of signage, guardrail, storm grates, or road striping or painting, or (c) projects identified through written agreement between the MassDOT Highway Division District Office and the Town of' The contract requires obligation of funds for specific projects no later than June 30, 2014 with the expectation that the projects and all related expenditures are completed by September 30, 2014. There will be no exceptions to the "use it or lose it" provisions of this agreement. The intent of the program is to help cities and towns make immediate and necessary repairs to your roadway network during this construction season. Should you have any questions, please call Paul Jay at (857) 368 -9150 or Maria Conti at (857) 368 -9144 Richard A Davey Secretary and Chief Executive Officer Leading the Nation in Transportation Excellence Ten Park Plaza, Suite 4160, Boston, MA 02116 Tel: 857 - 368 -4636, TTY: 857 - 368 -0655 www.mass.gov /massdot 9.4 lVK;D;b U i ZI ! ANUAKU WN 1 KAIL,1 rUKM Thts forms issued anti published by the Massachusetts Department of Transpodatwn (MassDOT or DeparVienQ Any changes to the official panted language of this iv form shalt be void Additional non - conflicting terms may be added by Attachment Contractors may not regime any additional agreements engagement letters, contract forms or other additional terms as pan of this Contract without prior Department approval Massachusetts Department of Transportation 71- ts�,tan,lsl• IDeM[1etlt DOT (Notes The AdOre"Jo Must tae sat tip,iori[:psyments:; : (Check one option only) _ (OSO or an OSO- designated Department) (Attach OSD approval, scope, budget) (includes State or Federal grantsuwaff= (Attach RFR and Response or other procurement supporting documentation) _L (Attach justification for emergency, scope. budget) _QldmMII (AilachEmlommillfitillinFM, scope, budget) X Lmijujusm INNIM or (Attach authorizing Ianouaoeftustificafion, scope and budget) 10 Park Plaza, Boston, MA 02116 Fax: Enter Current Contract End Date Prior W Amendment .20 Enter Amendment Amount $ (or *no change') filIVApILILM: (Check one option only. Attach details of Amendment changes.) ftjgft atfo8oMor8tfaet (Attach updated scope and budget) _ (Attach Justification for interim Contract and updated scopelbudget) _Cat6rxti t (Attach any updates to scope or budget) T (Attach authorizing languagef)ustification and updated scope and budget) i CTR and is incorporated by reference into this Contract COl _Q ff&T . (Check ONE option)- The Department certifies that payments for authorized performance accepted in accordance with the temms of this Contract will be supported in the state accounting system by sufficient appropriations or other non - appropriated funds, subject to intercept for MassDOTlCommonwealth raved debts under 815 CMR 9.00. _RA* (No Maximum Obkgaton. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended) Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amandedj $ PROM PA1lil 1 1 Commonwealth payments are issued through EFT 45 days from invoke receipt Contractors requesting accelerated paymenis must identify a PPD as follows: Payment issued within 10 days _ °% PPD; Payment issued within 15 days__ % PPD; Payment issued within 20 days ____ % PPD: Payment issued within 30 days ,_,_% PPD. if PPD percentages are left blank identify exemption: _ statutoryllegai or Ready Payments (i ; ); __._ federal granlitntst _X— initial aavment isubseouent oavments must be scheduled to support payee cash flow needs and standard EFT 45 day payment cycle. See ) (WRRRP) is being amended hot a (Complete ONE option only) The (Enter the Contract title, purpose and a detailed description of the scope of all supporting documentation) This agreement is for the Winter Rapid Recovery Road Program certify that X. 1 may be incurred as of theC~ (latest signature date below subject to any required approvals) and o0 obligations have been incurred Prior to the Maybe Da It 2 may be Incurred as of . 20_, a date LATER than the below and na obligations have been incurred Dijo-rr to the 3. were Incurred as of • 20_, a date PRIOR to therjgftQft below, and the parties agree that payments for any obligations incurred prior to theLonftVabe are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and irimomted into this Contract Acceptance of payments forever releases the Commonwealth and MassDOT from further claims related to these obligations. C1 KMACT END DATE. Contract perfomtance shalt ter rtinale as or June 30 2014 with no new obligations being Incurred after this date unless the Contract is property amended, provided that the terms of ttds Contract and performance expectations and obligations shall survive Its termination for the purpose of resolving any claim or dispule- tot completing any negotiated terns and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments CERTIFICATiQNS: Notwithstanding verbal or other representations by the parties. the Date" of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department or a later Contract or Amendment Start Date specified above, subject to any required approvals The Contractor makes all certifications required under the attached CaUtttW Ceffi all m (incorporated by reference If not attached hereto) under the pains and penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the MassOOT Terms and Conditions, this Standard Contract Form Including the the Request for Response (RFR) or other solicitation, the Contractor's Response, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor's Response only N made using the process ourBmed in BOB QW 21 Incorporated herein, provided that any amended RFR or Response tern result in best value, lower costs, or a more cost effective Contract Alt r r sAtilATDatfE "1 COMA I AUTHORIZING SIGNATORY FOR MassDOT: (Signature and Date Must Be Handwritten AtTime of Si gnature) Print Name: Print Title: X: Date: (Signature and Date Must Be Handwritten At Time of Signature) Print Name. Print Title: — (issued 5/2712011) Page 1 of 5. q i 5 q& -q" s Office of Representative Brad Jones House Republican Leader CommonweaCth of 9KassacFiusetts MEMORANDUM To: Robert W. LeLacheur, Jr., Reading Town Manager From: Representative Bradley H. Jones, Jr. Copy: BOS, Fin Com, School Committee Date: 4/9/2014 Subject: Fiscal Year 2015 House Budget Proposal Today, the House Budget proposal for the Fiscal Year 2015 (FY15) was released. I wanted to take a moment to share with you a few of the budget matters that will affect the Town of Reading and the Reading School District especially, Chapter 70 funding, Unrestricted General Government Aid and the Special Education Circuit Breaker. Chapter 70 — Chapter 70 funding is the primary source of state aid to public elementary and secondary schools. In the proposed FY15 House Budget, all school districts in the Commonwealth receive an increase of $99.5 million for Chapter 70 over FYI 4 levels for a total of $4.4 billion. Therefore, Reading would receive $10,126,574. This is an increase of $115,147 more than the FY 14 funding for Chapter 70 aid for the town. • Unrestricted General Government Aid (UGGA) — Due to economic improvement since the 2009 recession and the committee's prioritizing of local aid, Reading, similar to all Commonwealth communities will see an overall increase in UGGA for FY15. Reading would receive a total of $2,884,740, which is an increase of $77,841 from FY 14. In addition to the items detailed above, the House Budget proposal makes other significant investments in local aid recommending an increase of $5 million for Special Education Circuit Breaker funding compared to what the Governor recommended in his submission. q i I FY 2014 FY 2015 Difference Chapter 70 $10,011,427 $10,126,574 $115,147 UGGA $2,806,899 $2,884,740 $77,841 Total Estimated Receipts All Accounts $12,818,326 $13,011,314 $192,988 In addition to the items detailed above, the House Budget proposal makes other significant investments in local aid recommending an increase of $5 million for Special Education Circuit Breaker funding compared to what the Governor recommended in his submission. q i I As always, I look forward to working with all of you during these improving economic times to preserve the core programs and services that are vital to the community. Please feel free to contact my office with any comments or concerns at (617) 722 -2100. qia