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Town of Reading
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Meeting Posting with Agenda
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Board - Committee - Commission - Council: 1618 J -3 P 4
Board of Selectmen .
Date: 2018 -01 -09 Time: 7:00
Building: Reading Town Hall Location: Selectmen Meeting Room_
Address: 16 Lowell Street Agenda:
Purpose: General Business
Meeting Called By: Caitlin Saunders on behalf of Chairman John Arena
Notices and agendas are to be posted 48 hours in advance of the meetings excluding
Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of
operation and make necessary arrangements to be sure your posting is made in an
adequate amount of time. A listing of topics that the chair reasonably anticipates will be
discussed at the meeting must be on the agenda:
All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted.
Topics of Discussion:
1) Reports and Comments
a. Selectmen's Liaison Reports and Comments
b. Public Comment
C. Town Manager's /Assistant Town Manager's Report
2) Open Session for topics not reasonably anticipated 48
hours in advance of the meeting
3) Proclamations /Certificates of Appreciation
4) Personnel & Appointments
5) Discussion /Action Items
a. Reappoint Retirement Board Member 7 :20
b. Discuss BOS Policies: Article l General Operating Procedures 7:25
C. Continued Hearing - Approve BOS Policies: Article 3 Licenses 8:00
d. Review Town Manager's Budget 8 :30
6) Approval of Minutes
a: December 12, 2017
b. December 13, 2017
C. December 19, 2017
7) Licenses, Permits and Approvals
g) Executive Session
.9) Correspondence
This Agenda has been prepared In advance and represents a listing of topics that the chair reasonably anticipates will .
at the meeting: However the agenda does not necessarily Include all matters which may be taken u be discussed
p atth(s meeting.
Dann I 1
DRAFT MOTIONS
BOARD OF SELECTMEN MEETING
January 9, 2018
Arena, Berman, Ensminger, Halsey, Friedmann LeLacheur
5a) Move that the Board of Selectmen approve Carol Roberts to the
Retirement Board with a term expiring December 31St, 2020
5c) Move that the Board of Selectmen accept the changes to the Board of
Selectmen Policies in regard to Article 3, Licenses, as presented.
6a) Move that the Board of Selectmen approve the meeting minutes of
December 12th, 2017 (as amended).
6b) Move that the Board of Selectmen approve the meeting minutes of
December 13th, 2017 (as amended).
6c) Move that the Board of Selectmen approve the meeting minutes of
December 19th, 2017 (as amended).
Move that the Board of Selectmen adjourn the meeting at p.m.
Board of Selectmen's Policy Review -- update January 2018
Article 1— General Operating Procedures
Review with Board on 1/8/18: clarify some possible issues & paths forward. Legal review needed in four
sections (updated laws). Discuss BOS communication philosophy. Schedule Public Hearing — estimate
March 2018.
Article 2 — Volunteer Boards /Committees /Commissions
Working with BOS member Halsey — this is a large section and needs to be updated to some Charter
changes. A discussion with the full Board will be scheduled in February or March 2018, with a Public
Hearing to follow.
Article 3 — Licenses
This section has been the most comprehensive to review, continued Public Hearing on 1/8/18 with Town
Counsel present.
Article 4 — DPW Policies
You have received an overview from the department last fall. We'll schedule changes to be reviewed in
a Public Hearing done for another BOS Policy section to consolidate the agenda item. The BOS DPW
policy is extensive, and as the Water /Sewer Commissioners the BOS has that right and responsibility.
However the Board has expressed a desire to simplify, and this section is a candidate to be broken into
two parts: BOS and department policies. Three BOS members serve as liaisons (Berman- Cemetery;
Halsey -MWRA; Friedmann - Trails & Town Forest). It would be helpful for the Board to designate one
member to work directly with DPW management on this topic.
Article 5 — Community Services Policies
We have as yet spent no time on this very small area. There are three sections: Revolving funds; LIPs and
Affordable Housing. I suggest BOS member Berman take this up with Public Services administration and
staff to see if any changes are needed?
Article 6 — Personnel Policies
We have spent a great deal of effort in this area by contrast. Previously the Board saw a preview from
our HR Director. I will schedule a February Executive Session and update the Board on the status of our
eight (8) collective bargaining discussions, which include the efforts by Labor Counsel and our former HR
Administrator. I am very pleased with the progress thus far — the very last step will be discussion of the
PP and then a Public Hearing. I would anticipate that to occur after we reach eight settlements, aiming
for May 2018.
Article 7 — Public Safety
This section is all about Petroleum storage. I will schedule the Fire department to come in to discuss any
issues or concerns. I'm concerned it is ten years old, but am not aware of operational issues.
RN
Administrative Services
Boards and Committees
Board of Selectmen VASC Berman, Ensminger
School Committee Arena, Halsey
Regional School District Arena
RMLD Commissioners Ensminger
RMLD CAB Ensminger
Bylaw Committee Arena
Finance Committee Arena, Berman
iai� °ary- Baildirtg- Grir'ntn+ttee
Permanent Building Committee Arena, Berman
RCTV Board of Directors Arena, Ensminger
Cultural Council Friedmann
Climate Advisory Friedmann
Reading Ice Arena Authority Halsey
Walkable Reading Friedmann
Celebration Committee Friedmann
Animal Controls Appeal Comm. Friedmann
Moderator Arena
Rules Committee Arena
Board of Registrars Friedmann
Constables Friedmann
Public Services
Council on Aging Ensminger, Halsey
Mystic Valley Elder Services Ensminger, Halsey
Board of Health Ensminger
Recreation Committee Halsey
Cust. of Soldiers &Sailors Graves Ensminger
CPDC Berman, Arena
North Suburban Planning Council Berman
Metro Area Planning Council Berman
Zoning Board of Appeals Berman, Arena
Historical Commission Ensminger
Historical District Commission Friedmann
Conservation Commission Halsey
Reading Housing Authority Friedmann
Public Safety
Fire department
Halsey
Police department
Halsey
Human Relations Advisory Committee
Arena
RCASA
Halsey
Public Library
Finance
Library Trustees
Berman I
Audit Committee
Berman
Retirement Board
Berman
Public Works
Commissioners of Trust Funds
Berman
Board of Cemetery Trustees
Berman
Veterans Memorial Trust Fund Comm.
Friedmann
MWRA Advisory Board
Halsey
'Trails Committee
Friedmann
April 2017
Town Forest Committee
Friedmann
TOWN OF READING, MASSACHUSETTS
BOARD OF SELECTMEN'S POLICIES
TABLE OF CONTENTS
Palm #
PREFACE
1 -1
ARTICLE 1— GENERAL OPERATING PROCEDURES
1 -1
Section 1.1— Board of Selectmen Operating Procedures
1 -1
1.1.1 - Organization1
-1
1.1.2—Chairmanship
1.1.3 — Responsibilities
1 -1
1. 1.4 — General Operating Policies
1 -3
1.1.5 — Limit of Hours for Regular Meetings m
1 -3
_
1. 1.6 — Declassi lying Confidential Executive Session Minutes
1-4
1. 1.7 — Identification of a Person Addressing the Board of Selectmen
1 -4
1.1.8 — Continuity of Business
1 -4
1. 1.9 — Board of Selectmen Communication
1 -4
1.1.10 — Appointment of Volunteers to Town of Reading Boards,
Committees and Commissions
1 -6
Section 1.2 — Acceptance of Gifts to Departments
1 -7
Section 1.3 — Solicitation /Acceptance of Donations
1 -7
Section 1.4 — Authorization for the Town Manager to Sign Grant
Applications and Acceptaiaces
1 -9
Section 1.5 — Use of Public Funds for Gifts
1 -10
1.5.1 — Retirement/Resignations
1 -10
__...__ 1.5.2 — Sickness /Bereavement
1 -10
Section 1.6 — Convention /Seminar Expenses — Spouses and Families
1 -10
l Section 1.7 — Use of the Town Seal
1 -10
Section 1.8 — Access to Public Records
1 -10
Section 1.9 — Non - Discrimination — Persons with Disabilities
1 -11
Section 1.10 — Americans with Disabilities Act Reasonable Accommodations
1 -11
0
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P-age #f
Section 1.11 — ADA Section 504 Grievance Policy for the General Public
1 -12
Section 1.12 — Policy Prohibiting Fraud and Establishing Procedures to
Investigate Allegations of Fraud
1-12
_
1.12.1— Definition of Fraud
1 -13
1. 12.2 — Responsibilities
1 -13
1. 12.3 — Reporting Suspicion of Fraud
1 -1.4
1. 12.4 — Investigation
1 -14
1. 12.5 — Reporting Results
1 -15
Section 1.13 — Policy Providing for the use of Purchasing Cards
1 -15
ARTICLE 2 — VOLUNTEER BOARDS /COMMITTEES /COMMISSIONS
2 -1
Section 2.1 General Provisions for all Boards, Committees & Commissions
2-1
_—
Section 2.2 — Code of Conduct
2 -3
Section 2.3 — Standing Boards, Committees and Commissions
2-4
2.3.1 — Human Relations Advisory Committee
2 -4
2.3.2 — Reading Climate Advisory Committee U
2 -5
2.3.3 Policy Establishing a Reading Trails Committee (RTC)
2 -6
2.3.4 Policy Establishing the Town Forest Committee
2 -7
2.3.5 Reading Fall Street Faire Committee w
2 -8
Section 2.4 — Ad Hoc Committees _
2 -9
2.4.1— Ad Hoc Readirng/North Suburban Regional Bicycle Path Committee
2-9
2.4.2 - Ad Hoc Birch Meadow Master Plan Committee
2 -10
2.4.3 — Ad Hoc Washington Park Planning; Committee
2 -11
2.4.4 — Ad Hoc Municipal Building Committee
2 -12
Section 2.5 — Policy on Volunteerso
2 -13
2.5.1 — Volunteer Rights --2-13
2 -13
2.5.2 — Volunteer Utilization
2.5.3 — Volunteer llesponsibilities 3 p
2 -13
2.5.4 — Staff Involve_ ment �
2 -14
2.5.5 - Recruitment
2 -14
2.5.6 - Screening; -
2 -14
2.5.7 -Interviewing
2 -14
1
TABLE OF CONTENTS
Page #
Section 2.5 — Policy on Volunteers (Continued)
2.5.8 — Placement
2 -14
2.5.9 — Orientation
2 -15
2.5. 10 - Training
2 -15
2.5.11 — Special Case Volunteers
2 -15
2.5.12 — Liability
2 -15
2.5.13 — Confidentiality
2 -15
2.5.14 - Evaluation
2 -16
2.5.15 - Recognition
2 -16
2.5.16 — Absenteeism
2 -16
2.5.17 — Substitution
2 -16
2.5.18 - Termination
2 -16
— Transportation Guidelines — Volunteer Programs
2 -16
_2.5.19
Section 2.6 — Eugene R. Nigro Town Government Volunteer Award
2-17
ARTICLE 3 - LICENSES
3 -1
Section 3.1 - General Procedures and Conditions for Issuance of Licenses
3 -1
3. 1.1 — Application Procedures A
3 -1
3.1.2 — License Period
3 -1
3.1.3 — License Restricted to the Premises for which it is Issued
3 -1
3.1.4 — Requirement that Licensees Maintain their Properties and
Businesses in accordance with all Conditions, Bylaws, Rules and
Rep,ulations of the Town of Readia Y Durin the Terni of the License
3 -1
3.1.5 — Conditions on Licenses
r3-2
3.1.6 — Delegation to the Town Manager the Authority to Issue Certain
Licenses
3.1.7 — Suspension, Modification or Revocation of Licenses
3 -2
Section 3.2 — Liquor License Policy
3 -2
3.2.1 -- General Requirement for all Licensed Establishments
3 -3
3.2.1.1 —Plan Reciciired 1..
3 -3
3.2.1.2— Deliveries
3 -3
3.2.1.3— Inspcction
3 -3
3.2.1.4— Advertisements
3 -3
3.2.1.5— Amusement Devices
3 -3
3.2.1.6— Duty to Perform
3 -4
TABLE OF CONTENTS
PAS
Section 3.2 — Liquor License Policy (Continued) x
3.2.1.7 — Establishment of Written Policies
3 -4
R 3.2.1.8 — Alcohol Policy for Staff While Serving
3-4
3.2.1.9 — Alcohol Management or Server Training
3 -4
3.2.1.10 - Liquor Liability Insurance Requirement
3 -4
3.2.1.11 — Staffing —
3 -5
3.2.1.12 — Supervision — Presence
3 -5
3.2.1.13 — Duty to Keep Order
3 -5
3.2.1.14 — Proof of Age
3 -5
3.2.1.15 — Minimum Age of Employee or Server
3.2.1.16 — Prohibition of Bringing Alcohol Beverages onto the Premises
3-5
mm 3.2.1.17 — Information Regarding the Alleged Service of Alcohol Prior
to Violation for Driving Under the Influence of Intoxicating
Liquors _..:
3 -5
3.2.1.18 — Duty to Report an Attempt to Purchase by a Minor
3 -6
3.2.1.19 — Liquor License Fees
3 -6
3.2.1.20 — Hours of Operation
3 -7
3.2.1.21— Sunday Sales for Package Stores
3 -7
3.2.1.22 — Breech of Policy or Conditions
3 -8
3.2.2 — Requirements for All
3 "8
3.2.2.1 — Advertisement
3 -8
3.2.2.2 — Requirements for Service of Food and Drink
3-8
3.2.2.3 — Toilet Facilities Required
3 -8
3.2.2.4 — List of Alternative '1 ransportation
3-8
3.2.2.5 —Orderly Closing
3 -9
3.2.2.6 — Prohibition of Taking Alcoholic Beverages from the Premises
3 -9
3.2.2.7 — Refusal of Service
3 -9
3.2.2.8 — Service of Alcohol Beverages Limited to Hours that Food
Services is Provided
3 -9
3.2.2.9 — Service Bar
3 -9
3.2.3 — Requirements for All: Restaurant License to Expose, Keep for Sale
and to Sell All Kinds of Alcoholic Beverages to be Drunk on the
Premises
3 -9
3.2.3.1— Minimum Seating Requirement
3 -9
3.2.4 — Requirements for All: Restaurant License to Expose, Keep for Sale
and to Sell Wine and Malt Beverages to be Drunk on the Premises
3 -10
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P
Section 3.2 — Liquor License Policy SContinucd)
3.2.4.1 — Purpose and Intent
3 -10
3.2.4.2 — Maximum Seats
3 -10
3.2.4.3 — Service Bar
3 -10
3.2.4.4 — Seating Requirement
3 -10
3.2.5 — Requirements for Club License to Expose, Keep for Sale and to Sell
all Kinds of Alcoholic Be vcra yes to be Drunk on the Premises
3 -10
3.2.5.1 — Minimum Seating Requirement
3 -10
3.2.5.2 — Advertisements
3 -11
3.2.5.3 — 1equirements for Service of Food and Drink
3 -11
3.2.5.4 — Toilet Facilities Required
3 -11
3.2.5.5 — List of Alternative Transportation
3 -11
3.2.5.6 — Orderly Closing
3 -11
3.2.5.7 — Prohibition of Taking Alcoholic Beverages from the Premises
3 -11
3.2.5.8 — Refusal of Service
3 -11
3.2.5.9 — Service Bar
3 -11
3.2.6 — Requirements for Special Licenses under Section 14
3 -12
3.2.6.5 — Limitations
3 -12
3.2.6.6 — Exceptions m aLL
3 -12
3.2.7 — Requirements for General On- Premises Licenses
3 -12
_
3.2.7.1— Commercial Establishments
3 -13
_ 3.2.8 — Enforcement _ —�
3 -13
l 3.2.8.2 — Access to Premises by Police and Agents
3 -13
3.2.8.3 — I'ostin.g of Notice �
3 -13
3.2.8.4 — Agents of the Licensing Authority
343
3.2.8.5 — Compliance Operations
3 -14
_
Section 3.3 — Issuance of Peddler's Licenses
3 -14
Section 3.4 — Issuance of Class 1, II and III Motor Vehicle Licenses
3 -15
Section 3.5 — Issuance of Taxi and Vehicle for Hire Licenses
3 -16
3.5.1 —Applicability of Rules and Orders
3 -16
3.5.1.2 — Definition of Livery
3 -16
3.5.2 — License
3 -16
3.5.2.1— License Required
3 -16
3.5.2.2 — Applications
3 -16
3.5.2.3 — Review by Chief of Police
3 -16
21
TABLE OF CONTENTS
Page
3.5.2.4 -- Grant or Denial
3 -17
N 3.5.2.5 — Term and Fee
3 -17
3.5.2.6 — Notification as to Vehicle
3.5.2.7 — Insurance
3-17
Section 3.5 — Issuance of Taxi and Vehicle for Hire Licenses (Continued)
3.5.2.8 — Liability
3 -177
3.5.2.9 — Suspension or Revocation
3 -17
3.5.2.10 — Assignment or Transfer Prohibited
3-18
3.5.3 — Permit _
3 -18
3.5.3.1— 1t.ccluired —
3 -18
3.5.3.2 — Minors
3 -18
3.5.3.3 — Application
3 -18
3.5.3.4 — Review by Chief of Police
3 -18
3.5.3.5 — Issuance or Denial
3 -18
.33
3.5.3.6 —_Term and Fee
-19
3.5.3.7 — Picture Identification Card
3 -19
3.5.3.8 — Liability
3 -19
3.5.3.9 — Suspension or Revocation
3 -19
3.5.4 — Operation
3 -19
3.5.4.1 — Duty to Transport
3 -19
3.5.4.2 — Sharing a Ride
3 -19
3._5.4.3 — Taxi Stands - Parking — Standing
3 -19
3.5.4.4 — Maintenance of Vehicles
3 -20
3.5.4.5 — Inspection
3 -20
6w
3.5.4.6 — Smoking
3 -20
3.5.4.7 -- Appearance of Operator.
3 -20
3.5.4.8 — Display of License, Picture Identification Card and Rates of Fare
3 -20
3.5.4.9 — Lettering on Taxicabs
3 -20
3.5.4.10 — Copy of itegulations
3 -20
3.5.5 — Fares
3 -20
3.5.5.1 — Taxicabs
3 -20
3 .55.5.2 — Separate Fares
3 -20
m,
3.5.5.3 — Senior Citizen Discount
3 -21
3.5.5.4 — No Fares in Excess of Established Rates
3 -21
(D
TABLE OF CONTENTS
Page #
3.5.5,5 — Livery Rates
3 -21
3.5.6 — Information Update and Penalties
3 -21
3.5.6.1— Information Update
3 -21
3.5.6.2 — Penalties
3 -21
Section 3.6 — Innholders and Common Victualler's Licenses
3 -21
Section 3.7 — Entertainment Licenses
3 -22
Section 3.8 — Licenses for Automatic Amusement Devices
3 -23
Section 3.9 — Waiver of Retail Sales before 6:00 a.m.
3 -24
Section 3.10 — Licenses for Utilizing Public Sidewalks for Outdoor Dining
3 -25
Section 3.11 — Permit/License for Portable A- Frame /Sandwich Board Signs
3-28
3.11.1~— Purpose and Intent
3-28
w _ 3.11.2 — Re gUirements and Rules — Portable A- Frame /Sandwich Board Sigjas
3-28
ARTICLE 4 — PUBLIC WORKS RELATED POLICIES^
4 71
Section 4.1— Delegating the Hearing and Approved Process for Municipal
Consent to Construct or Alter Utility Lines
4 -1
Section 4.2 — Acceptance of Private Ways and Establishment of Betterments
Therefore
4 -1
4.2.1 —Process
4 -1
4.2.2 — Method of Assessing
4 -2
Section 4.3 — House or Building Moving
4 -3
Section 4.4 — Street Lighting
4 -3
4.4.1— Placement; General
4 -3
4.4.2 — Petition(s)
4 -3
4.4.3 — Subdivision Lighting
4 -4
Section 4.5 — Installation, Construction and Reconstruction of Curbs and
Sidewalks
4 -4
4.5.1— C tirbin ; ._
4 -4
4.5.2 - Sidewalks
4 -4
4.5.3 — Tree Lawns
4 -5
Section 4.6 — Solid Waste Recycling, Collection and Disposal Rules and
Regulations
4 -5
4.6.1 — Definitions
4 -6
P�
TABLE OF CONTENTS
P.
4.6.2 — Collection Schedule
4 -6
4.6.3 — Approved Containers
4-7
4.6.4 — Appliances
4-7
4.6.5 — Bulk Waste Collection —
4-8
4.6.6 - Electronics
4-8
4.6.7 — Hazardous Materials
4 -8
4.6.8 - Recycling
4 -9
4.6.9 —Yard Waste ~.` �
4 -9
4.6. 10 — Enforcement
4'9
Guidelines for Recycling and Rubbish Disposal
4 -10
Section 4.7 - Sanitary Sewer Connection Permit Program
4 -11
4.7.1 — Purpose and Authority
4 -11
4.7.2 — Definitions
4 -11
4.7.3 — Activities Requiring a Sewer Connection Permit Program
4-12
4.7.4 — Activities Exempt from Sewer Connection Permit Requirements
4 -12
4.7.5 — Requirements of Sewer Connection Permit Program
4 -12
4.7.6 — Uses of the Sewer Connection Permit Fees
4 -12
4.7.7 — Application for a Permit —
4 -13
4.7.8 — Permit Conditions
4 -13
4.7.9 — of Flows
4 -13
�4
_Calculation
Sewer Flow Estimates
-14
Section 4.8 — Water Meter Readings, Abatements and Credits
4 -15
Section 4.9 — Water Conservation Program
4 -15
4.9.1— Stage 1 Water Conservation Restrictions
4 -15
4.9.2 — Stage 2 Water Conservation Restrictions
4 -15
4.9.3 — Stage 3 Water Conservation Regulations
4 -16
4.9.4 — Exemptions from Water Conservation Regulations
4 -16
4.9.5 — Delegation to Town Manager to Implement Water Conservation
Regulations in Advance of "Triggers" w
4 -17
4.9.6 — Waivers from Water Conservation Regulations
4 -17
l
4.9.7 — for Violating Water Conservation Regulations
4 -17
_Penalties
Section 4.10 — Abatement of Sewer Charges for Filling of Swimming Pools
4 -17
TABLE OF CONTENTS
Page
Section 4.11 — Second Water Meters
4 -17
Section 4.12 — Regulations for Reimbursement for Sewer Backflow Prevention
4 -17
Section 4.13 — Street Opening Permit Policy
4 -18
4.13.1 — Activities Requiring a Street Opening Permit
4 -18
4u13.2 — Permit Application S_ ubmission Requirements W
4 -18
4.13.3 — Permit Issuance
4-18
—4-d-8-
4.13.4 - Permit Compliance _
4.13.5 — Permit Fees
4 -18
Section 4.14 — Rules and Regulations Relating to Parks, Playgrounds and
Recreation Areas
4 -19
4.14.1— Definitions
4 -19
4.14.2 — General Regulations
4 -19
4.14.3 —
4 -20
_Rules
4.14.4 — Enforcement 4
4 -22
4.14.5 —PenaltyP tl9L
4 -22
ywy
Section 4.15 — Use, Operation and Maintenance of the Common
4 -22
Section 4.16 — Policy Establishing Aquifer Protection District Infiltration'
System Design Guidelines
4.16.1— New Construction
4 -23
4.16.2 — Pre - Existing Non - Conforming Lots having more than 15% and
less than 20% Impervious Cover
4 -23
4.16.3 — Pre- Existing Non - Conforming Structures in excess of 20%
Impervious Cover
4 -23
4.16.4 — Infiltration System Design
4 -24
Section 4.17 — Custodian of Soldiers' and Sailors' Graves
4 -25
Section 4.18 — Appeals
4 -25
Section 4.19 — Consideration of Multi -Way Stop Intersections
4 -25
ARTICLE 5 — COMMUNITY SERVICES POLICIES
5 -1
Section 5.1— Community Services Revolving FundsPoS
-1
5.1.1— Creation
5 -1
5.1.2 — Purpose
5 -1
TABLE OF CONTENTS
Page #
Section 6.1—Policy on Customer Service
5.1.3 — Procedures l
5 -1
Section 5.2 — Local Initiative Program (LIP) Regulations
5 -2
5.2.1— Purpose^
5 -2
5.2.2 — Review Process
5-2
5.2.3 — No Waiver
5 -4
5.2.4-,— Owner Occupancy Requirements
5-4
5.2.5 — Affordable Unit Design, Location, Access, Timing
5 -4
5.2.6 — Local Preference
5 -4
Section 5.,3-- Local Preference for Affordable Housing
5 -4
KARTICLE 6 — PERSONNEL RELATED POLICIES
6 -1
Section 6.1—Policy on Customer Service
6 -1
^ Section 6.2 — Evaluation of the Town Manager m _
6 -4
6.2.1 — Goals
6-4
6.2.2 — Annual Evaluation
6 -4
Section 6.3 — Before -Tax Health Care Premium Payment Plan for
Employees Paid By- Weekly
6 -5
6.3.1 - Definitions —
6 -5
_
6.3.2 — Eligibility and Participation
6 -5
6.3.3 — Benefits — Payment of Premium
6 -6
6.3.4 — Administration of Plan
6 -6
6.3.5 — Claims Procedures
6 -7
6.3.6 — Miscellaneous
6 -8
Section 6.4 - Selection Process — Town Accountant
6 -8
ARTICLE 7 — PUBLIC SAFETY
7 -1
Section 7.1— Petroleum Storage Regulations
74
7. 1.1 — General Provisions
7 -1
7.1.1.1 - Definitions
7-1
7.1.1.2 — Findings and Purpose
7-2
7.1.1.3 - Authority and Effective Date u
7-3
7.1.2 — Petroleum Registration
7-3
7.1.2.1 - Registration
7-3
7.1.3 — Petroleum Permit Requirement
7-3
_
Permit Required
7-3
7.1.3.2 — Permit Application and Contingency_ Plan
7 -4
7.1.3.3 — Renewal of Permit
7 -5
7.1.3.4 — Amended Permit)
7 -5
7.1.3.5 — Fees
7-6
7.1.3.6 — A_ bandonment of Use
7 -6
7.1.4 — Administration
7-6
7.1.4.1— Prohibitions
7 -6
7.1.4.2 — Enforcement f _
7-7
7.1.4.3 — Violation Notices and Orders
7-7
7.1.4.4 — Penalties r
7-8
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TOWN MANAGER COMMENTS 2018
Section 1.1— needs discussion by full Board
1. 1.2 Reorganization
1.1.3 Liaisons, Subcommittees, Misc.
1. 1.4 Communication protocol
1. 1.9 Communication- BOS designate
1 o2 members to work with TMgr
Sections 1.2 & 1.3 — need legal review if BOS agrees?
Sections 1.8 & 1.9 - need legal review if BOS agrees?
Section 1.12 — Town Accountant to review if BOS agrees?
1 -17
Board of Selectmen Policies ✓�
PREFACE
The policies included in this manual constitute the policies, rules and regulations duly
adopted by the Board of Selectmen in accordance with Section 4.11 of the Bylaws of the Town
of Reading. ,
of this doeument are not adopt ffd of Seleetalen but airt the. Town
Man ager in order- to implement Heies. The dates of adoption and revision of each of the
policies contained in this docw -nent are for historical purposes and are not adopted as part of
these policies.
ARTICLE 1- GENERAL OPERATING PROCEDURES
Section 1.1- Board of Selectmen ®perating Procedures
1.1.1- Organization
The Board of Selectmen will reorganize (elect officers) in the month of June for the
following fiscal year. The purpose of this policy is to have continuity of Board leadership
through Annual Town Meeting.
1.1.2 - Chairmanship
Although the Board of Selectmen retains the right to reorganize at their discretion, this
policy establishes the guidelines of:
1. Annual rotation of the chairmanship.
2. Not having a Selectman serve as chair in the final year of a term.
1.1.3 - Responsibilities
A. Board of Selectmen Chairman:
1. Responsible for calling regular, emergency and Executive Session meetings of the
Board of Selectmen, as needed.
2. Presides over Board of Selectmen meetings, approves the Agenda and recognizes
all speakers including other Board members.
3. Nominates Board members to represent the Board of Selectmen at appropriate
functions, events and meetings, and for annual liaison assignments. The final
decision on liaison assignments is by a majority of the Board members.
4. Nominates Board members to Board Subcommittees (discuss — compare to ad
hoc ?). Final appointment is by a majority of the Board members.
B. Board of Selectmen Secretary:
1. Final review and signature of Board Minutes.
2. Certifies, as required by law, votes of the Board of Selectmen.
3. Signs documents upon direction of a majority of the Board members, including
legal settlements on behalf of the Board of Selectmen. Alternatively, any other
Board member or the Town Manager may be authorized to perform this function.
i
1 -1 Board of Selectmen Policies
C. Board of Selectmen Liaisons:
1. The purpose of establishing Board of Selectmen liaisons to the various
Departments (discuss — dept/division/vol boards) is to maintain good
communication and effective working relationships between other Boards,
Committees and Commissions and the Board of Selectmen.
2. Liaison assignments shall be established by the Board of Selectmen on a yearly
basis.
3. It is the Board of Selectmen's intention that every Board, Committee or
Commission will have an assigned Board of Selectmen liaison each year.
4. Board of Selectmen roles as liaisons:
(a) To attend as many meetings of the Board, Committee and
Commission as possible;
(b) To assist the Board, Committee or Commission where there is a
problem with attendance of any member;
(c) To act as a resource person for the liaison Board, Committee or
Commission regarding Selectmen's issues;
(d) To particularly understand and communicate to the full Board of
Selectmen issues which affect budgets and other areas of concern
of the Board, Committee or Commission;
(e) To adhere to Policy 1.1.4 - 4 when dealing with staff support for
the liaison Board, Committee or Commission.
D. Board of Selectmen as a whole, by majority vote:
1. Responsible for approving overall goals, objectives and policy setting for
the Town to be discharged by the Town Manager within the constraints of
the Reading Home Rule Charter, and other applicable local Bylaws and
Federal and State statutes and regulations.
2. Selects the Town Manager (simplify — refer to Charter ?) and establishes
the rate and manner of compensation. The Town Manager serves as the
equivalent of the Chief Operating Officer for the Board of Selectmen with
the ultimate authority and responsibility for the operation and the
management of the Town, under the direction and control of the Board of
Selectmen. Except for actions contrary to decisions or written policies
made by the Board of Selectmen as a whole, the Town Manager is
authorized to take whatever actions are required to operate and manage the
Town. The Town Manager is the designated representative for the Board
of Selectmen regarding collective bargaining negotiations. The Town
Manager may utilize other Town personnel as needed to carry out these
responsibilities.
3. Serves as an appeal body for residents on matters arising from the Board
of Selectmen's operations.
4. Annually chooses Selectmen to serve as Board Chairman, Vice Chairawm
and Secretary.
S. Approves:
a. The Annual Report of the Board of Selectmen.
1 -2 Board of Selectmen Policies Q'�
b. All correspondence on Board of Selectmen letterhead that is written by
the Board to other elected or appointed Boards or Committees
c. All Town(insert) collective bargaining agreements. Also establishes
the goals and objectives for the Town Manager to meet in bargaining
new or amended collective bargaining agreements.
d. All presentations made by the Board of Selectmen to other elected
Boards or Committees.
e. Initiation of litigation or its settlement(discuss scope ?)
f. The appointment of members to Boards, Committees or Gewifflissi e�rs
and to Board subcommittees. (refer to Charter)
E. Board of Selectmen Subcommittees(DISCUSS)
Subcommittees serve as a mechanism for the Board to review and consider
specific issues. Subcommittees may recommend, but not approve, a course of
action to the Board.
Adopted March 9, 2004
1. 1.4 — Genera! Uneratirr� Policies
It is the policy of the Board of Selectmen:
1. To operate in accordance with the spirit, as well as the letter of all laws affecting
its business and its employees.
2. All Board members, members of Boards, Committees and Commissions
appointed by the Board of Selectmen, and Town staff and employees are required
to act with the highest level of integrity, business ethics and objectivity in any
transaction where a Selectman or employee represents the Board of Selectmen.
No Selectman or employee is allowed to misuse the authority or influence of their
position.
3. To operate in a businesslike and efficient manner in all aspects of operating and
managing the Board of Selectmen.
4. To be supportive of a good working relationship between management and
employees .
5. To hold regular open and public meetings to allow residents to provide direct
input on any open session matter before the Board and to offer the opportunity at
all regular sessions of the Board of Selectmen for residents to comment upon any
issue that is on the Agenda for that meeting.
6. To affirmatively and courteously respond to all requests for public information.
All requests will be arranged through the Town Manager.
7. To advocate for the use of technology, training, personnel and flexible work and
administrative processes to maintain an efficient municipal government serving
the best interests of residents;
8. To operate in the best interests of the Town in all matters.
Adopted March 9, 2004
1.L 5 Limit ailarrrs !or Regular Meetings
The regularly scheduled meetings of the Board of Selectmen shall be limited by having
discussion limited to agenda items taken up or tabled prior to 11 :00 p.m. All remaining items
1 -3 Board of Selectmen Policies Q
will be deferred to a subsequent meeting. In order to facilitate the above policy efficiently, the
Chairman will:
1. Limit the time of speakers from the floor especially during public hearings.
2. Call for votes on major issues or policy changes prior to 11 :00 p.m., or defer final
votes to subsequent meetings.
3. Request staff to prepare motions for Board action in advance.
1.1.6 - Declassifying Confidential Executive Session Minutes
In accordance with the provisions of the Open Meeting Law, Chapter 39, Section 23, the
Town Manager, acting as clerk to the Board of Selectmen, will review approved confidential
minutes of the Board of Selectmen's Executive Sessions on a regular basis. It is the intent of the
Board of Selectmen to withhold minutes only for as long as the publication of the record would
defeat the original purpose of a lawfully convened Executive Session.
At least once a quarter menth, the Town Manager will review all approved minutes still
in confidential status, and will release for publication those segments that need not be
confidential any longer.
This action will be part of a report on the "Routine Matters" of the Board of Selectmen's
meeting agenda.
Adopted 9- 24 -91, Revised 12 -13 -94
1.1. 7 - ldentircation of a Person Addressing the Board o f Selertnren
Each person appearing before the Board of Selectmen who wishes to speak will, upon
recognition by the Chairman of the Board, identify him/herself by name and address of
residence. Failure to identify him/herself will result in the Chair withdrawing permission for that
individual to speak to the Board of Selectmen.
Adopted 1 -16 -%
1.1. 8 - Continuity of Business
It shall be the policy of the Board of Selectmen (subject to the provisions of Section 1. 1.3
of these policies) to conduct the business on its agenda at the meeting for which it is listed,
unless a particular member of the Board is essential to the topic of discussion by virtue of special
background or expertise, and is not able to be present at the meeting for which that item is listed.
Adopted 9- 24 -91, Revised 12- 13 -94, Revised 1- 16 -96, Revised 1 -7 -97
1.1.9 - Board of Selectmen Communication (UPDATE)
It is important to the public and to the Board of Selectmen itself to make it clear when an
individual member is speaking for the Board as a whole, or when he /she is speaking for
him/herself as an individual. In order to ensure this clarity of communication, the following
shall be the policy of the Board of Selectmen:
1. Members of the Board of Selectmen shall be given stationery in printed or
electronic format for their use. This stationery shall name only that member of the
Board on the masthead. Board members may use this. stationery for
correspondence relative to Town business or matters. Correspondence of this type
shall be copied to all of the other members of the Board of Selectmen and to the
Town Manager. Any such correspondence shall state that the views expressed are
those of that member of the Board of Selectmen only.
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p�,
2. The Board of Selectmen stationery, naming all five members of the Board on the
masthead, will be used only for correspondence from the full Board of Selectmen.
This will be used to communicate positions of the full Board of Selectmen based
on consensus of the full Board or based upon actually voted positions of the Board.
3. The Board of Selectmen may take votes on recommendations on Warrant Articles
appearing before Town Meeting, and the Chairman of the Board of Selectmen or
his/her designee will be responsible for communicating those recommendations to
Town Meeting based on votes of the Board.
4. If a Board member rises to speak at Town Meeting, he /she shall identify whether
he /she is speaking for the full Board or as an individual.
In today's society, much of the correspondence to the Board of Selectmen is electronic,
and often is copied to all members of the Board. The Board of Selectmen acknowledges that
correspondence in electronic form that is made and/or received by it and its individual members
are "public records ". Additionally, the Board of Selectmen acknowledges that the manner in
which it deals with electronic correspondence may raise concerns relative to the Open Meeting
law. The Board also feels it is important to ensure that a proper response is given to an email
request.
Electronic correspondence will be handled in the following manner:
• Correspondence about a particular service that needs attention from town staff. The Town
Manager will respond to this electronic correspondence, with an electronic copy to all
members of the Board of Selectmen, and this correspondence will be listed on the next
Board of Selectmen agenda.
• Correspondence addressed to the Board of Selectmen expressing an opinion or comment
on a matter before the Board of Selectmen. The Town Manager will respond to
acknowledge this electronic correspondence, with an electronic copy to all members of
the Board of Selectmen, and this correspondence will be listed on the next Board of
Selectmen agenda.
• Correspondence addressed to the Board of Selectmen asking the Board for action on a
particular matter. The Secretary to the Board of Selectmen (or designee) will draft a form
letter, acknowledging the receipt of the correspondence, outlining that the Open Meeting
Law prohibits the Board of Selectmen as a whole from commenting on the matter outside
of a public meeting, and that the Board will consider at a future meeting whether to
schedule agenda time on that matter.
• Acknowledging that it is possible that private one on one electronic communications may
reach a quorum of members without the knowledge of all participants, members of the
Board of Selectmen shall only comment in electronic form on any correspondence
received by referring the matter to the Town Manager.
• Members of the Board of Selectmen may communicate electronically on housekeeping
matters such as the scheduling, cancellation and time of meetings and requests to put
matters on its agenda.
• Documents may be distributed via email from the Board of Selectmen to all members of
the town's boards, commissions and committees to permit advance review of materials to
be discussed at upcoming meetings.
• Hard copies of all electronic communications will. be created and immediately placed in a
central file where it can be provided as a public record upon request.
1 -5 Board of Selectmen Policies
Revised Mach 9, 2004
Revised June 5, 2007
1.1.10 - Appointment of Volunteers to Town offleirdiny &(Iras, Committees anal Commissions
The Board of Selectmen hereby implements the following process in order to address the
following two issues related to the Board of Selectmen consideration of and appointment to the
various Boards, Committees, and Commissions (BCC) of the Town of Reading for which the Board
of Selectmen has responsibility to appoint:
1. The amount of time taken by the Board of Selectmen and volunteers for this process has been
extraordinary and not necessarily productive
2. The depth of interviews given time constraints does not allow the Board of Selectmen to do a
thorough job of interviewing.
The process will be as follows:
1. Incumbents will be asked whether or not they wish to be considered for reappointment
2. Applications for Potential new Board, Committee and Commission (BCC) members will be
solicited and received
3. The Board of Selectmen shall appoint a two member Volunteer Appointment Sub - Committee
(VASC) at the time that Board of Selectmen liaison assignments are established. No member
will serve on the VASC for two consecutive terms.
4. The VASC shall schedule meetings to interview all potential BCC members, including any
incumbents that wish an interview, and any incumbents that the Board of Selectmen or the
VASC wishes to interview. This process will be used for the "annual" appointment process as
well as any appointments that come up during the year. The meetings of the VASC will be
posted and open to the public.
5. The VASC will inform all candidates for appointment or reappointment of the slate of
candidates for each BCC that will be recommended to the full Board of Selectmen.
6. The VASC will transmit a slate of candidates for each BCC to the entire Board of Selectmen
along with a list of all candidates who had applied for each BCC. A copy of the application
form and/or resume for any new candidate will also be provided to the entire Board of
Selectmen.
7. For the annual appointment process the VASC will present the recommended slate of
candidates to the Board of Selectmen in early June as a "consent" item on the agenda. Any
member of the Board of Selectmen may ask for any BCC recommendation to be removed
from the consent item for consideration -by the full Board of Selectmen. Any candidate for a
position to a BCC may also ask the Board of Selectmen to consider the BCC for which they
applied to be removed from the consent item for consideration by the full Board of Selectmen.
The consent item with any remaining BCC appointments will then be considered and voted in
its entirety.
8. Any BCC appointments pulled from the consent item will then be scheduled for interview
during a succeeding Board of Selectmen meeting, and the appointment process to that BCC
will be by the full Board of Selectmen.
O;L
1 -6 Board of Selectmen Policies 4�
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Adopted 6122/10
Section 1.2 -- Acceptance of Giifts to Dggartrnents (LEGAL UPDATE)
In numerous instances, the various departments or agencies of the Town receive offers of
gifts or donations for various purposes. It is the policy of the Board of Selectmen to encourage
such donations and gifts, with the clear understanding that there is no offer on the part of the
Town or its Departments or Agencies to reciprocate in any manner with regard to provisions of
services, enforcement of laws or regulations, or any other consideration by the Town.
The Town Manager is hereby authorized to accept any such gifts or donations on the part
of the Town, to see to their disposition in accordance with donors wishes and applicable law, and
to notify the Board of Selectmen at their next meeting of any such gifts or donations.
Adopted 11 -4 -86, Revised 12 -13 -94
Section 1.3 — Solicitation/Acceptance of Donations (LEGAL UPDATE).
The Board of Selectmen values and appreciates the efforts of individuals,
community groups, and businesses in the community to raise private funds for the betterment of
the Town. These donations often take the form of donations of trees and benches, construction
of capital projects, and donation of funding for programs.
It is important for the Town and donors to have an understanding of the nature, location,
design, and details of any such equipment, capital project or program on Town property or at
Town facilities or utilizing Town resources or to entering into fundraising efforts, so that the
Town can meet its share of any commitments related to capital projects or programs, so that
donations of trees and benches and other equipment are of a design and quality and in locations
consistent with Town needs, and so that any such projects or programs are compatible with the
plans and programs of the Town. Therefore, the Town must be consulted pdor to any
fundraising efforts, In accepting gifts and donations the Board of Selectmen should consider
how the maintenance of the and operation of the equipment, capital project or program will be
funded. Agreements as to gifts and donations, including maintenance, should be documented in
writing.
In order to facilitate this process, the Town is working to develop master plans for its
various facilities and sites.
The following procedures shall be used under the circumstances outlined:
Town sites with Master Plans:
The donor shall consult with Town staff through the Town Manager, and if the proposed
donation is consistent with the master plan, approval may be granted by the Town
Manager to proceed with fund raising.
If a commitment of Town funds is required to match or supplement fund raising efforts,
the fundraising efforts may be approved if the proposed project is included in the Town's
Capital Improvement Program (CIP), with an understanding that Town funds will not be
available until those capital funds are available through the budget. 2
The Town Manager shall notify the Board of Selectmen of any such approved projects. ; J
1 -7 Board of Selectmen Policies kl\
Town Sites without Master Plans:
• The donor shall consult with the agency having jurisdiction over the property in question
- Board of Selectmen as Park Commissioners; Conservation Commission for
Conservation lands; Town Forest Committee; etc. for projects in those locations.
• The agency having jurisdiction may grant approval to proceed with the project.
• If a commitment of Town funds is required to match or supplement fund raising efforts,
the fundraising efforts of the donor may be approved only if the proposed project is
included in the Town's Capital Improvement Program(CIP) or funds are otherwise
available, with an understanding that Town funds will not be available until those capital
funds are available through the budget.
1~guipment, Plantings, , and programs:
• Donors shall consult with Town staff and/or Board, Committee, or Commission as
appropriate, having jurisdiction in the area where the equipment or planting is proposed
to be located, or the staff of the department or division within which the program is
proposed to be run.
• If the equipment, planting,. or proposed program is consistent with the standards, design,
mission and direction of the agency having jurisdiction, approval may be granted to
proceed with fundraising.
• If a commitment of Town funds is required to match or supplement fund raising efforts,
the fundraising efforts may be approved if the needed funding is otherwise available from
the agency of jurisdiction.
Replacement, maintenance and repair:
In circumstances where donations are made to replace, maintain or repair portions of
Town sites and facilities, including replacement of elements of parks, recreation areas, buildings,
and similar equipment, (example — replacement of pitchers mounds and home plates,
replacement of basketball hoops) the Department Head within whose jurisdiction the site or
facility falls may accept such donations where:
• The value of the donation is $5000 or less
• The item being replaced, maintained, or repaired is consistent with any master plan for
the property in question.
Where the above criteria are met but the value of the replacement, maintenance, or repair,
is between $5000 and $10,000, the Town Manager may approve the donation upon the
recommendation of the Department Head.
The Town will develop a standardized mechanism to recognize donors of equipment,
capital projects, and programs that is consistent and which will be easy to maintain and update.
The method of recognition shall be subject to review and approval of the Board of Selectmen.
Additionally, the Town must be assured that any donations that are solicited or received
on behalf of improving Town facilities or operating Town programs are either solicited by
properly established non - profit corporations, through for profit corporations, or by individuals
a
1 -8 Board of Selectmen Policies,
making donations directly to the Town. This is important for purposes of ensuring that donor's
expectations are completely met with regard to possible tax deductibility of donations, and that a
fundraising group is indeed making all donations properly and directly to the Town for the
purpose intended..
In order to achieve other department missions and provide essential services, the Board of
Selectmen recognizes the need for staff to develop fiscal and other resources to supplement
municipal funding. The policy of the Board of Selectmen regarding fundraising activities by
staff is the following:
1. Such activities will not decrease staff effectiveness nor will they constitute an
inordinate amount of work time.
2. In accordance with the Conflict of Interest Law (Massachusetts General Laws,
Chapter 268A), Town employees will not realize personal financial benefit from
fundraising activities.
3. Employees involved in fundraising are expected to use good judgment at all times,
and to be sensitive to issues such as the business climate and the ability to give.
4. In accordance with the Town's established policy on Acceptance of Gifts, it is
understood that there is no offer on the part of the Town or its employees,
Departments, or Agencies to reciprocate in any manner with regard to provision of
services, enforcement of laws or regulations or any other considerations by the
Town.
5. To ensure consistency in communication about fundraising efforts, Boards,
Committees, Commissions and Department Heads shall inform the Town Manager
of new fundraising efforts or campaigns prior to such activities.
6. Notice of regular or ongoing fundraising activities should be given to the Town
Manager through the regular channels of communication.
7. The Town Manager may establish guidelines which specifically describe different
types of fundraising and appropriate actions.
Adopted 3 -8-94, Revised 12- 13 -94, Revised 912 -09, revised 1 -9 -10
The Town of Reading from time to time makes application for grants from various State,
Federal and private sources.
Since the Town Manager is authorized to execute contracts for the Town, the Board of
Selectmen authorizes the Town Manager to sign grant applications and acceptances for such
grants as have been authorized by the Board of Selectmen or the appropriate public body.
It shall be the responsibility of every Department to report to the Town Manager that all
operating requirements and resources are in place to properly implement the grant, including
personnel policies, labor contract provisions, availability of resources, equipment, and all other
things that will be needed. This action should take place prior to application for the grant if
possible, but in all cases shall take place prior to the acceptance of any grant, unless the Board of
Selectmen waives this requirement.
1 -9 Board of Selectmen Policies
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Adopted I1 -3 -86, Revised 12- 13 -94, Revised 12114104
Section 1.5 -- Use of Public Funds far Gifts
1.5.1 — Retirement/Resienations
Public funds shall not be expended by any employee, official, Board, Committee or
Commission of the Town, except the Board of Selectmen, for the purchase of food, gifts,
flowers or other gifts for personnel of any Town Department who are retiring or resigning from
employment. Use of public areas for the purpose of Department testimonials may be approved
by the Town Manager.
The Selectmen representing the Town may, as they deem fit, expend public funds for the
purpose of presenting personnel or members of Boards, Committees or Commissions, testimony
of service in the form of printed, framed documentaries or other forms of appreciation, as the
Selectmen shall decide from time to time.
1.5.2 — Sickness/Bereavement
The Selectmen representing the Town may, as they deem fit, accept and use funds
donated for the specific purpose of expressing sympathy for injury or death with appropriate
acknowledgment.
Adopted 12- 22-86, Revised 12- 13 -94, Revised June 7, 2011
Section 1.6 - Convention/Seminar Expenses - Sdouses and Families
The Board of Selectmen recognizes that in many instances it is desirable for staff and/or
elected officials to have spouses and/or families attend conventions or seminars with them. The
intent of this policy is not to prohibit or discourage such attendance but to provide that, to the
extent such attendance creates an expense over and above the expense of the employee or official
attending such seminar or conference, that the employee or official will personally bear that
additional expense. It is not the intent, where no additional expense is generated, to have the
employee bear a pro rated share of the expense for rooms, transportation or other costs.
Adopted 9- 28 -87, Revised 12 -13 -94
Section 1.7 - Use of the Town Seal
The Town Seal was adopted by the Town in 1890, and constitutes a symbol to the general
public of the Town of Reading. In order to control and regulate the use of the Town Seal so that
it is used only to represent official uses by the Town, this policy is adopted as follows:
1. The Seal of the Town shall be used on all* letterhead, forms, legal notices and
other official papers of the Town of Reading, in a form and format to be approved
by the Town Manager.
2. The Town Seal is to be placed on municipally -owned or operated vehicles as may
be determined by the Town Manager.
Any other use of the Seal of the Town of Reading will require prior approval by the
Board of Selectmen.
Adopted 12 -13 -94
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Section 1.8 — Access to Public Records LEGAL UPDATE
The Board of Selectmen is committed to the philosophy that the citizens should have
access to public records that are not exempt by law. To this end, the Town Clerk is hereby
designated as custodian of public records for the Town of Reading (not including the School or
Light Department).
The custodian of public records will carry out the duties and responsibilities of a record
custodian as required by Massachusetts General Laws, Chapter 4, Section 7, and may establish
and charge such reasonable fees and establish other regulations in accordance with rules and
regulations established by the Supervisor of Public Records, Regulation 950 CMR 32.06, or
other applicable laws and regulations.
Adopted 1- 12-87, Revised 12 -13 -94
Section 1.9 — Non Discrimination — Persons with Disabilities (LEGAL UPDATE)
The Town and its employees will not discriminate in any way on account of race,
political activity, religion, creed, color, national origin, gender, age, sexual orientation, disability,
or life - threatening illnesses.
It is the policy of the Town of Reading not to discriminate in hiring, promoting,
contracting, appointing or any other means on the basis of disabilities. The Town of Reading will
make its best effort to provide reasonable accommodations to employees, appointees, contractors
and others who have disabilities.
Adopted 10- 18-88, Revised 12- 13 -94; Revised 3 -9 -04
Section 1.1 D - Americans With Disabilities Act Reasonable Accommodations
It is the policy of the Town of Reading to provide reasonable accommodations to the
known physical and mental impairments of qualified job applicants, employees and members of
the public in order to ensure equal opportunity for them to participate in and enjoy the benefits of
the Town's many programs, activities and services including employment. Requests for
accommodations can be made directly to the head of any Town department or his or her
designee, to the Director of Personnel or to the ADA Coordinator.
Once a request for accommodation is made to any party other than the ADA Coordinator,
a copy of that request must be forwarded to the ADA Coordinator who is also available to
provide technical assistance regarding alternatives for accommodating an individual's disability
and what accommodation(s) might be considered reasonable under particular circumstances.
Once a request for accommodation has been made, strict confidentiality procedures will
be observed in order to uphold the rights of the self - identified person with the disability. Every
request for reasonable accommodation will be evaluated independently and implemented to the
extent that it does not impose undue financial or administrative burden. Under no circumstances
will the individual requesting an accommodation either incur the cost of that accommodation or
be penalized in any manner for making the request. In all cases, the individual with the disability
will be included in the process of identifying appropriate and reasonable accommodations.
1 -11 Board of Selectmen Policies(
If the process of requesting reasonable accommodations results in an unsatisfactory
accommodation, or if the accommodation requested is determined to impose undue financial or
administrative burden and therefore to be unreasonable, a grievance procedure has been
established to process, investigate and mediate complaints at the local level. Aggrieved parties
also have remedies available as set forth under the Americans with Disabilities Act of 1990.
The Town Manager shall appoint an ADA Coordinator, and shall periodically publish the
name and phone number of the Coordinator.
Adopted 12 -13 -94
Section 1.11 - ADA Section 504 Grievance Policy_ for the General Public
Equal Access to Facilities and Activities
Maximum opportunity will be made available to receive citizen comments, complaints
and/or resolve grievances or inquiries.
Step 1'
The Town Manager will be available to meet with citizens and employees during
business hours.
When a complaint, grievance, request for program policy interpretation or clarification is
received either in writing or through a meeting or telephone call, every effort will be made to
create a record regarding the name, address and telephone number of the person making the
complaint, grievance, program policy interpretation or clarification. If the person desires to
remain anonymous, he or she may.
A complaint, grievance, request for program policy interpretation or clarification will be
responded to within ten working days (if the person making the complaint is identified) in a
format that is sensitive to the needs of the recipient (i.e., verbally, enlarged type face, etc.).
Copies of the complaint, grievance, request for program policy interpretation or
clarification and response will be forwarded to the appropriate Town agency (i.e., Recreation
Committee, Park Commission, Conservation Commission). If the grievance is not resolved at
this level, it will be progressed to the next level.
Step 2:
A written grievance will be submitted to the Town Manager. Assistance in writing the
grievance will be available to all individuals. All written grievances will be responded to within
ten working days by the Town Manager in a format that is sensitive to the needs of the recipient
(i.e., verbally, enlarged type face, etc.). If the grievance is not resolved at this level, it will be
progressed to the next level.
Stea 3:
If the grievance is not satisfactorily resolved, citizens will be informed of the opportunity
to meet and speak with the Board of Selectmen, with whom local authority for final grievance
resolution lies.
Adopted 8 -7 -01
1 -12 Board of Selectmen Policies
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Section 1.12 Policy Probibiting Fraud and Establishing Procedures to
Investigate Allegations of .Fraud (TOWN,ACCOUTANT TO REVIEW)
The Town is committed to complying with and requires its employees (which includes
officers, board, committee, and commission members and other persons acting on its behalf) to
comply with all applicable Town policies, State and Federal Laws and regulations and internal
accounting controls. The Town of Reading will investigate any report of fraudulent acts or
related misuse of Town resources or property. Any individual found to have engaged in
fraudulent acts or related misconduct, as defined in this policy, is subject to disciplinary action
by the Town, which may include dismissal or expulsion, as well as prosecution by appropriate
law enforcement authorities.
1.12.1 - Definition of Fraud
Fraud and related misconduct prohibited by this policy generally involves a willful or deliberate
act or failure to act with the intention of obtaining an unauthorized benefit. The following are
examples of activities that may be considered fraud:
• Making or altering documents or computer files with the intent to deceive
• Purposely inaccurate financial reporting
• Improper handling or reporting of money transactions
• Misappropriation or misuse of Town assets and resources for personal gain or for the
advantage of another
• Unauthorized use of Town assets and resources for personal gain or for the advantage of
another
• Altering or incorrectly reporting information for personal gain or for the advantage of
another or. the Town
• Authorizing or receiving remuneration for time not worked
• Authorizing or receiving compensation for goods not received or services not performed
Fraud includes a false representation of a matter of fact, whether by words or by conduct, by
false or misleading statements, or by concealment of that which should have been disclosed,
which deceives and is intended to deceive.
1.12.2 - Responsibilities
The Town has a responsibility to investigate and report to appropriate governmental
authorities, as required, any violations of compliance with Town policy, State and Federal Laws
and regulations, internal accounting controls and questionable accounting matters.
Town of Reading management is responsible for establishing and maintaining policies
and controls that provide security and accountability for the resources entrusted to them. Internal
controls are intended to aid in preventing and detecting instances of fraud and related
misconduct. Management is also expected to recognize risks and exposures inherent in their area
of responsibility and be aware of indications of fraud or related misconduct. Responses to such
allegations or indicators should be consistent.
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Every employee has the responsibility to assist the Town in complying with policies and
legal and regulatory requirements, and in reporting known violations. It is the policy of the
Town to encourage the support and cooperation of all employees in meeting the Town's
commitment and responsibility to such compliance.
1.12.3 - Reporlinr Suspicion of Fraud
Employees should report suspected instances of fraud or irregularity to their immediate
supervisor or their next appropriate management level. However, in certain circumstances, it
may be appropriate for employees to report suspected instances of fraud or irregularity directly to
the Town Accountant (If the alleged fraud has been committed by the Employee's supervisor.) It
is the responsibility of a supervisor or relevant manager to ensure that the suspicion of fraud
and/or irregularity that is reported to them is reported as soon as practical to the Town
Accountant. The written or verbal report should be sufficiently detailed and inclusive to ensure a
clear understanding of the issues raised. In the event that the Town Accountant is the subject of,
or otherwise identified as involved in the acts underlying such report, the person making the
report may notify and forward such report to the Town Manager or Assistant Town Manager
who will then lead the investigation, and the Town Manager or Assistant Town Manager shall
immediately report such allegation to the Chairman of the Board of Selectmen.
Town employees are not to initiate investigations on their own. However, anyone may
report suspected violations or concerns by letter to the Town Accountant and should indicate that
he or she is an employee of the Town. The report should be sufficiently detailed and inclusive to
ensure a clear understanding of the issues raised. Mark the envelope "Confidential and Private ".
It is the policy of the Town that anyone who reports a violation may make such report
confidentially and offsite.
There shall be no retaliation by the Town's employees against any employee who makes
a report pursuant to this policy even if after investigation the Town Accountant determines that
there has not been a violation of any applicable Town policy, State or Federal laws and
regulations or internal accounting controls. However, employees who make reports or provide
evidence which they know to be false or, without a reasonable belief in the truth and accuracy of
such information, may be subject to disciplinary action.
132.4 - Investigation
Following receipt of a report, the Town Accountant shall commence an investigation, as
he /she, in his reasonable judgment, deems appropriate. The Town Accountant shall be
authorized to retain such other individuals, including outside legal and accounting experts, as he
or she deems appropriate to assist in such investigation.
Appropriate Town management, together with the Town Accountant, will constitute the
Investigation Team and will determine the necessary action depending upon the nature of the
allegations or suspicions. The individual being investigated shall be notified immediately of said
investigation and shall have the right to an attorney and/or union representative, as applicable,
during all stages of the investigation. All efforts shall be made to ensure due process in the
investigative process. Law Enforcement agencies may be notified and included , on the
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Investigation Team. In those instances where the investigation indicates the probability of
criminal activity, the inquiry will be turned over to the appropriate law enforcement agency.
In an investigation, objectives include verifying the facts, maintaining objectivity and
confidentiality, determining responsibility and recommending corrective action. Details of the
initial response and/or investigation will remain confidential.
If in the opinion of the Investigating Team fraud is probable, employees suspected of
such irregularities and /or fraud shall be suspended pending investigation. Appropriate Human
Resource personnel will provide guidance to the Investigating Team related to action
(disciplinary or otherwise) required as a result of any response to or investigation of fraud or
irregularity.
Any individual suspected of irregular and/or fraudulent activities should not be
confronted prior to commencement of the investigation process. Records related to the activity
may need to be seized before the suspected individual becomes aware of any investigation. All
employees suspected of irregularities and/or fraud are to be treated fairly and consistently and in
compliance with the collective bargaining agreements and personnel policies. Employees
suspected of irregular and/or fraudulent activities have legal rights that must be respected.
In the event any such investigation reveals information that is either material or, in the
reasonable judgment of the Investigation Team, merits immediate attention by the Audit
Committee, and in every case where the dollar impact of fraudulent activities exceeds $2500,
they shall contact the Chairman of the Audit Committee to discuss the matter, and shall inform
the Chairman of the Board of Selectmen. The Investigation Team shall make the final
determination of whether a violation of the Town policy, State and Federal laws and regulations
or internal accounting controls applicable to the Town has occurred.
132.5 - Reporting Results
The Town Accountant will prepare a report of the results of any review of fraudulent or
irregular activities. The report will contain the disciplinary taken, if any. As applicable, it will
also contain details of the systems weaknesses that did not prevent or detect the fraudulent or
irregular activities and provide recommendations for improving systems controls to prevent or
detect similar events.
It is recognized that management investigating the incident may share information with
senior management, the town's audit committee, town counsel, and/or law enforcement agencies
as deemed necessary. The Town Accountant will include a statistical summary of the fraud
reports in the annual report.
Adopted 6 -13-06
Section 1.13 -- Policy„�providin� for the use ofPurchasin1 Cards
Use of purchasing cards will expedite 'Town and School purchasing and ppayables for
isolated one -time purchases along with payment for smaller dollar items. Purchasing cards
may be issued to one or more employees at the discretion of the Town Manager or
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Superintendent of Schools as applicable, and with the names of all users to be filed with the
Town Accountant.
Issuance of a purchasing card under the name of the 'Town of heading or the Reading
School Department is a privilege and every reasonable effort shall be made to ensure that
cards are used responsibly and in a manner consistent with Town and School Department
policies, guidelines and applicable laws and regulations of the Commonwealth of
Massachusetts.
The Town Accountant will authorize the type of items that can be purchased on the card
and the maximum single transaction limit. In any event, the purchasing card shall not be used
for purchases of travel, lodging, food, or beverages, for employees or Officials. The
procurement card may be used for travel, lodging, and food and beverage (but not alcohol)
expenses from student activity accounts for student travel. The Procurement card may be used
to register for conferences or seminars. If the use of purchasing cards is extended beyond the
one ear trial period, the Town Accountant will periodically establish and issue guidelines to
purchasing card users. It is the responsibility of each purchasing card user to ensure that their
respective card is stored in a secure place and that the account number is protected. A card
number may be used in a secure internet transaction but shall never be written out and
transmitted via email. Each purchasing card user is responsible to reconcile every transaction
made within the month.
Purchasing cards may be issued to individual users at the discretion of the Town
Manager or Superintendent of Schools as applicable. Each user will sign for receipt of the card.
Cards are to be stored in a secure location. If a purchasen* card is lost or stolen the purchasing
card user will notify the Town Accountant who will notify the bank, local police department
and the 'Town Manager or Superintendent of Schools as applicable. Replacement of a lost or
stolen card will be at the determination of the Town Manager or Superintendent of Schools as
applicable.
Failure to adhere to purchasing card policy and guidelines will result in revocation of
card use, and the user may be subject to disciplinary action. An individual who is found to
abuse the use of a purchasing card will be subject to disciplinary action up to and including
termination from employment along with potentially criminal charges being filed against
them. In addition the `Town will seek restitution for any inappropriate charges made to a
purchasing card.
The Town Accountant will establish procedures to be followed regarding the
reconciliation processes. All relevant records are to be included with each statement and
retained with applicable voucher records.
Adopted by the Reading School Committee on 7 -23 -12
Adopted by the Board of Selectmen 7 -24 -12
Revised by the Board of Selectmen 10 -22 -13
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ARTICLE 3 - LICENSES
Section 3.1— General Procedures and Conditions for Issuance of Licenses
3.1.1— Application Procedures
Applications for initial issuance or renewal of licenses shall be on a form as prescribed by
the Board of Selectmen (the "Board" ). The applicant shall have the responsibility to complete all
information on the form completely and accurately, and under oath. Where applicable, the Board
may require submission of the following:
♦ A sworn statement that the applicant has paid all taxes and fees and other moneys owed
to the Town of Reading for any services;
♦ All required performance bonds, if any, are on file; or
♦ A certificate of Workers Compensation is on file.
The Board may request information or input from the Police and Fire Chief, and any
Department, Board, Committee or Commission, :,,,.'.,,ain the Police and Fire �Ihi , in
considering the granting or renewal of a license. The Board may review the record of any
complaints or problems regarding the applicant or licensee or the licensed premises, and may
take such complaints into account in considering whether or not to issue or renew a license.
3.1.2 — License Period and Fees
Unless otherwise provided, licenses shall be issued for a 'calendar year,
beginning on January 1 st. An application for a new license shall be issued for the remainder of
the calendar year. Fees shall be charged for the entire calendar year even if the license is
effective for only a portion of the calendar year. The Town Manager may waive such a fee for no
greater than a sixty (60) day period at year -end if there are mitigating circumstances.
3.1.3 — License Restricted to the Premises for which it is Issued
Except for Taxi and Livery vehicle licenses, an application for a license shall be specific
as to the location, including street number and address, for which the license is issued. The
licensed activity may not be moved to any other location without approval of the Board.
3.1.4 — Requirement that Licensees maintain their Properties and Businesses in accordance
with all Conditions, Bylaws, Rules and Regulations of the Town of Reading during
the Term of the License
All Licensees, regardless as to whether the type of license held is addressed herein„ shall
maintain their property and conduct their business in accordance with the terms of the license,
these Policies, the rules, regulations and bylaws of the Town of Reading, and all General or
Special Laws of the Commonwealth. In addition, all Licensees shall maintain their premises in a
clean and business -like condition that is conducive to public health and safety.
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3.1.5 - Conditions on Licenses
The Board may place reasonable conditions on the issuance of any license issued
pursuant to these policies to provide for public safety, health, welfare and the promotion of
public order.
3.1.6 - Delegation to the Town Manager the Authority to issue Certain Licenses
The Boar d- may, nn{ta113 ; has delegated to the Town Manager the authority to issue and
renew any or all licenses covered by this policy, except for the issuance and annual renewal of
liquor licenses and licenses for billiards, pool or sippio tables or bowling alleys, provided,
however. Ftu4 h°Fmer°, that the Town Manager may not deny an entertainment license issued
pursuant to M.G.L. c.140, § §181 or 183A, but rather-, must sehe ulewhich may be denied only by
the Board after a public hearing -A4t, the Board-.
When the Boafd delegates this ,,tAho4ty *heThe Town Manager shall notify the Board at
its next regular meeting, of any licenses granted or renewed. If an issue has been raised by the
Board regarding the issuance or renewal of a license, the Town Manager shall not issue or renew
the license, but it shall be referred back to the Board for their review and action.
The Board has also delegated the authority to issue Licenses for Portable A-
Frame /Sandwich Board Signs to the Assistant Town Manager or his or her designee.
An individual who has been denied a license may�a peal to the Board. The Board's
decision shall be final.
3.1.7 - Suspension, Modification or Revocation of Licenses
The Board may suspend, modify or revoke any license issued under these policies for
failure to meet any of the requirements of these policies, or failure to meet any conditions placed
on the license. The Licensee is entitled to due process as provided by law, which may include
written notice of any violation and a hearing.
Adopted 10- 27 -86, Revised 12- 13 -94, Revised 12 -5 -95, Revised 5 -25 -04
Section 3.2 - Liquor License Policy
Removed for this discussion as it has been recently revised
Section 3.3 - Issuance of Peddler's Licenses
Chapter 101, Sections 12A through 33 of the Massachusetts General Laws
Gemmnen_ ealth, provide for regulations of peddlers. Part of the State law allows the Board of
Selectmen to establish local rules and regulations for the granting of such licenses.
The following rules and regulations are hereby adopted to guide the Board of Selectmen
in reviewing and ruling upon applications for Peddler's Licenses:
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1. Each application will be dealt with on a case by case basis, The followinn - - - - - -- Forma
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.
2. Approval will be granted within a commercial or industrial zoning district only.
32. No peddlers will be permitted to operate within the public right of way including a
roadway or sidewalk area.
4 -3. Written approval of the property owner and any tenants on the property will be required
prior to the Board hearing an application for a license. This will need to be renewed
annually.
54. If the proposed use, in the opinion of the Board of Selectmen, will generate traffic other
than traffic that is routine to the premises, then designated parking spaces will be required
that will not be detrimental to the principle use on the premises.
65. The Board will require evidence that the peddler's use will have minimal effect on the
neighborhood adjacent to the site.
76. The peddler's use will not take away existing parking spaces from those required on the
site.
8�. The peddler's use may have no negative impact on retail or commercial activities within
the Town of Reading.
99. Peddler's uses will only -be permitted only where there is another principal use on the site
and the peddler's use is related to the principal use of the property. No peddler's uses
will be permitted on vacant or unused land.
108. The applicant must show that adequate controls are in place and insure public safety and
cleanliness, and a condition of approval of any peddler's license will be that all of the
required licenses will be received.
118. Prior to the issuance of a Peddler's License, the Board may require a review by the
Health Division and the Building /Zoning Inspection Division and proof that all necessary
approvals, permits, and other licenses needed to operate have been issued.
Adopted 10- I8 -88, Revised 12- 13 -94, Revised 5 -25 -04
Section 3.4 - Issuance of Class I, II and III Motor Vehicle Licenses
Chapter 140, Sections 57 -69 of the Massachusetts General Lawsl aws eftl�o
provide for the regulation of Class I, II and III licenses for the sale of motor
vehicles. The Board of Selectmen as Licensing Authority is charged with the responsibility of
issuing these licenses, determining that the licensee is a proper person to engage in the business
and that there is a suitable place of business.
The following rules and regulations are hereby adopted to guide the Board of Selectmen
in reviewing and ruling upon applications for Class I, II and III Motor Vehicle Licenses:
Each application will be dealt with on a case by case basis. These guidelines are not
intended to be a full list of issues to be dealt with by the Board but are guidelines to the
applicant.
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2. Class I, II and III Motor Vehicle Licenses will be issued only within a commercial or
industrial zoning district within the Town.
3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the
business to be licensed is the principal business of the licensee.
4. The applicant shall provide to the Board of Selectmen a lease or written approval of the
property owner (if other than the applicant) for the use of the premises for the license
period.
5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant
maintains or has access to a repair facility sufficient to enable him to satisfy the warranty
repair obligations imposed by State statute.
h. For Class 1 and II Licenses, all the requirements of Chapter 90, Section 7N '/a and Section
7N 1/2 must be complied with.
7. The applicant must show through plans or other means that there is adequate space on the
premises for the vehicles to be sold and for customers and employees to park.
8. The licensed activity must not create an adverse traffic impact and access to the site must
be adequate.
9. The licensee must conform with the Zoning By -Laws including the sign portions of the
Zoning By -Laws.
10 The Board may require information to assure itself that the facility does not and will not
cause any environmental problems relative to spills or other release of harmful substances
to the environment or to neighboring properties.
11. The applicant shall provide proof of a bond as required by State Statute.
12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require
a review by the Building /Zoning Inspection Division, and proof that all necessary
approvals, permits and other licenses needed to operate have been issued. The Board will
require a review by the Chief of Police to assist them in determining that the applicant is
a proper person to engage in the business to be licensed.
The following will be standard conditions for Class I, II or III Motor Vehicle Licenses
unless the Board of Selectmen shall modify any of these conditions, and the Board may make
any additional conditions on the license as it deems fit:
♦ The maximum number of vehicles offered to be sold at any one time shall be
established.
♦ The location of vehicle(s) to be sold will be specifically stated.
♦ The location of the repair facility will be specifically stated.
♦ There will be no pennants, banners, windshield signs or other information other than the
principal sign unless required by law. The Board may require pricing and other
consumer information to be attached to the vehicle in a manner so as not to detract from
the general appearance of the site.
Adopted 12- 13 -94, Revised 5 -25 -04
Section 3.5 - Issuance of Taxi and Vehicle for Hire Licenses
This Section shall be known as the "Town of Reading Rules and Orders for the
Regulation of Carriages and Vehicles Used in the Town of Reading, promulgated pursuant to
G.L.C. 40, Sec. 22 ".
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Board of Selectmen Policies
3.5.1 - Applicability of Rules and Orders
Vehicles for hire including taxicabs and liveries (hereinafter referred to as "vehicles ")
operating or caused to be operated by non - governmental entities for the transportation of persons
from place to place within the Town, or from a point in the 'Town to another location outside the
Town, other than over regular routes or between fixed termini, shall be subject to these rules and
orders to the extent provided below.
3.5.1.2 - Definition of Livery
Livery shall mean a private vehicle licensed as such, including but not limited to,
limousines which are used for pre - arranged trips for particular occasions such as weddings,
funerals, celebrations or school transportation.
3.5.2 - License
3.5.2.1 - License Required
No vehicle shall be driven, operated or caused to be operated as a vehicle for hire without
a license first having been obtained for that vehicle from the Board of Selectmen. Each vehicle
shall require a separate license.
3.5.2.2 - Application
Applications for a license shall be made in writing to the Board of Selectmen and shall
provide the following information:
1. The name and address of the applicant, if an individual; or if a corporation, the name,
date of incorporation, address of its principal place of business and the name and address
of its officers; or if a partnership, association or unincorporated company, the names and
addresses of the partners or associates and the address of its principal place of business.
2. The intended place of business within the Town of Reading.
3. The name of the manager or principal representative.
4. Proposed hours of operation, description of proposed vehicle including the make, model,
Vehicle Identification Number and age of the vehicle.
3.5.2.3 - Review by Chief of Police
No license shall be granted by the Board of Selectmen until the application has been
reviewed by the Chief of Police. Ten (10) working days to be allowed for such review. As a
condition of issuance and retention of the license, the owner and all employees of the licenses
shall make available to the Police Chief or his designees, the manifest used by the taxi company.
"Manifest" means a daily record prepared by a taxicab driver of all trips made by said driver
showing time and place of origin, destination, number of passengers, and the amount of fare of
each trip.
3.5.2.4 - Grant or Denial
The Board of Selectmen may upon receipt of an application, issue a license under such
terms and conditions as they deem appropriate and in the public interest. The Board, in
determining whether to issue a license, may consider the public demand or the proposed service,
the effect of the proposed service upon relevant traffic and safety conditions, the character and
financial responsibility of the applicant the condition of the proposed vehicle(s), and any and all
other relevant facts or circumstances.
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3.5.2.5 - Term and Fee
Any license issued hereunder shall expire on the last day of December next ensuing,
unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the
vehicle for which a license was issued shall forthwith surrender the license to the Board of
Selectmen. The tee for each license issued shall be fifty dollars ($50.00) per license. This fee
shall not be prorated.
3.5.2.6 - Notification as to Vehicle
If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for
hire, provide the following information, in writing, to the Board of Selectmen:
1. The make, model, Vehicle Identification Number and age of the vehicle.
2. A copy of the vehicle's certificate of registration with the Registrar of Motor Vehicles.
3. A copy of the certificate of insurance coverage page for the vehicle.
3.5.2.7 - Insurance
A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to
Others" shall be no less than $100,000 per person/$300,000 per accident.
3.5.2.8 - Liability
The licensee is at all times responsible for his vehicle and shall be liable for all penalties
and /or damage resulting from his operation of the vehicle or the operation of the vehicle by an
employee or agent.
3.5.2.9 - Suspension or Revocation
The Board of Selectmen may suspend or revoke a license issued under the provisions of
this article for good cause. Before suspension or revocation of a license, the licensee shall be
entitled to a hearing thereon before the Board of Selectmen. Written notice of the hearing shall
be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing.
Such notification shall state the grounds of complaint and the date, time and place of the hearing.
The Town Manager may temporarily suspend a license without a hearing for a period of no
greater then ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient
evidence to indicate that the public safety would be endangered by continued operation of the
vehicle.
3.5.2.10 - Assignment or Transfer Prohibited
No license shall be assigned or transferred.
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3.5.3 - Permit
3.5.3.1 - Required
No person shall operate a vehicle, and no licensee shall employ or allow a person to
operate a vehicle, unless the operator first obtains a permit from the Board of Selectmen.
3.5.3.2 - Minors
No permit shall be issued to a person under eighteen (18) years of age.
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3.5.3.3 - Application
Applications for a permit shall be made, in writing, to the Board of Selectmen and shall
provide the following information:
1. Full name and address.
2. Copy of a valid operator's license issued by the Registrar of Motor Vehicles.
3. All previous experience operating a vehicle for hire.
4. Convictions or pleas of guilty to a criminal offense, except as outlined below. If any, state
the offense(s), court(s) in which convicted or guilty plea occurred and when the
conviction(s) or plea(s) occurred. The following criminal information is not and shall not
be requested, examined or considered by the Board of Selectmen:
♦ Arrests, detentions or dispositions in which no conviction or guilty plea resulted;
♦ Convictions which have been reversed or vacated but not pardoned;
♦ Misdemeanor convictions or guilty pleas when the date of conviction or plea was
greater than ten (10) years prior to the date of application for the permit;
♦ Traffic violations for which there was a finding of responsibility for a period of two
(2) years prior to the date of application for the permit or for such period of time as
the Board of Selectmen shall request.
Failure to give accurate and complete information as required above may be grounds for
denial, suspension or revocation of a permit.
3.5.3.4 - Review by Chief of Police
No permit shall be issued by the Board of Selectmen until the application has been
reviewed by the Chief of Police or designee. Ten (10) working days are to be allowed for such
review.
3.5.3.5 - Issuance or Denial
An applicant shall be granted a permit only if the Board of Selectmen determines that
granting a permit to the applicant is in the best interest of the public. Criminal convictions or
pleas of guilty shall not result in an automatic denial of an application but shall be given
significant consideration and weight by the Board of Selectmen, taking into account all factors
including the nature and gravity of the offense, the time that has passed since the conviction or
plea, and the sensitive nature of serving the public as a driver of a vehicle for hire.
3.5.3.6 - Term and Fee
Any permit granted hereunder shall expire on the last day of December next ensuing,
unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall
forthwith surrender his permit to the Board of Selectmen. The fee for a permit shall be fifty
dollars ($50.00). This fee shall not be prorated.
3.5.3.7 - Picture Identification Card
A picture identification card shall be issued by the Board of Selectmen, or its designee, to
each permit holder, and shall be displayed prominently in the vehicle when being driven by the
permit holder.
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3.5.3.8 - Liability
A permit holder is at all times, responsible for the vehicle he is operating and shall be
liable for all penalties and /or damage resulting from his operation of the vehicle.
3.5.3.9 - Suspension or Revocation
The Board of Selectmen may suspend or revoke a permit granted under the provisions of
this article for good cause. Before suspension or revocation of a permit, the permit holder shall
be entitled to a hearing thereon before the Board of Selectmen.
Notice of the hearing shall be in writing and forwarded to the permit holder at least seven
(7) calendar day prior to the date of the hearing.
Such notification shall state the grounds of complaint and the date, time and place of the
hearing. The Town Manager may temporarily suspend a permit until a hearing can be held in
accordance with the procedures set out above, if there is sufficient evidence to indicate that the
public safety would be endangered by the continued operation by the permit holder. In no event
shall a temporary suspension be for a period greater than ten (10) calendar days.
3.5.4 - Operation
3.5.4.1 - Duty to Transport
A permit holder shall not unreasonably refuse to transport a passenger.
3.5.4.2 - Sharing a Ride
No permit holder shall accept a passenger when the vehicle is occupied or engaged
without the consent of the passenger(s) already in the vehicle. No person shall be obliged to pay
any extra fare or fee for refusing such consent. Separate fares shall not be charged to members
of the same party. A party shall be considered any number of individuals (not exceeding the
passenger capacity of the taxi) with the same origin and destination.
3.5.4.3 - Taxi Stands - Parking — Standing
The Board of Selectmen may assign a taxi stand or stands to one or more taxicabs. The
Board of Selectmen may also designate specific areas, streets or ways where vehicles may not
park of stand. Standing and /or parking on public ways or public property of vehicles not
licensed in the Town of Reading is prohibited except while waiting to return a party whose
original point of hire was from outside of Reading, when operating in accordance with a
Massachusetts Department of Public Utilities license, or when being used for personal (non-
vehicle for hire) purposes.
3.5.4.4 - Maintenance of Vehicles
Every vehicle shall be kept in good condition, suitable for occupancy and mechanically
fit for the safety of passengers. The interior and exterior of the vehicle shall be safe, clean and
sanitary at all times.
3.5.4.5 - Inspection
The Reading Police Department or its designee shall have the right to inspect any vehicle
for purposes of these regulations or as public safety requires.
3.5.4.6 - Smoking
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Smoking in a vehicle is prohibited.
3.5.4.7 - Appearance of Operator
Every driver having charge of a licensed vehicle shall be suitably dressed (sleeved shirt),
neat and clean in appearance.
3.5.4.8 - Display of License, Picture Identification Card and Rates of Fare
Every vehicle when in operation shall display the following cards in a suitable frame so
that they are secure and immobile and plainly visible to passengers riding in the rear of the
vehicle:
1. License
2. Picture identification card of driver
3. Fares (taxicabs only)
3.5.4.9 - Lettering on Taxicabs
Every taxicab operating under the authority of these rules and orders shall have the name
or trade name of the licensee and the name "Town of Reading" or "Reading" painted on both
sides of the taxicab in letters four inches high and one -half inch wide, painted in two
conspicuous places on the taxicab.
3.5.4.10 - Copy of Regulations
Every vehicle shall, when in operation, contain a copy of these regulations, which shall
be exhibited to any passenger or Police Officer on request. The licensee and permit holder shall
be responsible for the implementation of this requirement.
3.5.5 - Fares
3.5.5.1 - Taxicabs
The Selectmen shall establish the rates of fare for the conveyance of passengers and
baggage, and may revise such when they so determine. The rate of fare shall be governed by
fare zones and shall be on file at the Office of the Town Clerk.
3.5.5.2 - Separate Fares
Separate fares shall not be charged to members of the same party.
3.5.5.3 - Senior Citizen Discount
Fares for all persons sixty (60) years of age and older shall be discounted in accordance
with a schedule approved by the Board of Selectmen. When discounted rates are offered, they
must be offered to all senior citizens using a taxicab pursuant to the licensing established in this
policy. There shall be displayed a sign informing the passengers of the discount.
3.5.5.4 - No Fares in Excess of Established Rates
No taxicab permit holder shall demand or receive as a fare more than the fare established
by the Board of Selectmen under the authority granted by these regulations.
3.5.5.5 - Livery Rates
3 - 9 Board of Selectmen Policies 0��
Charges by liveries shall be subject to mutual agreement between the livery operator and
the passenger(s).
3.5.6 - Information Update and Penalties
3.5.6.1 - Information Update
When any information provided in an application for a license or permit changes or is
updated, the respective licensee or permit holder shall give notice thereof, in writing, to the
Board of Selectmen.
3.5.6.2 - Penalties
The penalty for a violation of any of these rules and orders shall be a fine equal to the
fine for a violation of Town Bylaws as set forth in Article 1.8 of the Town Bylaws. Violation of
any of the rules and orders herein shall be just cause for suspension or revocation of a license
and /or permit.
Adopted 7- 18 -89, Revised 12- 13 -94, Revised 5 -25 -04
Section 3.6 — Innholders and Common Victualler's Licenses
Chapter 140, Sections 2 of the Massachusetts General Lawsr aws of the Geam enwe
provides for the licensing of Innholders and Common Victuallers. The Board of Selectmen as
Licensing Authority is charged with the responsibility of issuing these licenses, determining that
the licensee is a proper person to engage in the business and that there is a suitable place of
business.
The following rules and regulations are hereby adopted to guide the Board of Selectmen
in reviewing and ruling upon applications for Innholders and Common Victualler's Licenses:
1. Each application will be dealt with on a case by case basis. These guidelines are not
intended to be a full list of issues to be dealt with by the Board but are guidelines to the
applicant.
2. Innholders and Common Victualler's Licenses will be issued only within a commercial or
industrial zoning district within the Town, unless such a business shall exist and has pre-
dated zoning, or has been granted a variance to do business in a location that is not in a
business or industrial zoning district.
3. The applicant shall provide to the Board of Selectmen proof of ownership, a lease, or
written approval of the property owner (if other than the applicant) for the use of the
premises for the license period.
4. The applicant shall provide to the Town a plan of the premises to be licensed, including
an accurate count of the number of seats available. If outdoor seating is to be required,
this shall also be included on the plans.
5. The applicant must show through plans or other means that there is adequate space on the
premises for all aspects of the proposed operation, including employee and customer
parking, in accordance with the Zoning By -Laws of the Town of Reading.
6. The licensee must conform with the Zoning By -Laws of the Town of Reading.
7. Prior to the issuance of an Innholders and Common Victualler's License, the Board may
require a review by the Health Division and the Building /Zoning Inspection Division and
proof that all necessary approvals, permits, and other licenses needed to operate have
been issued.
3-10 Board of Selectmen Policies
For establishments licensed as Innholders and Common Victualler's, patrons are not
permitted to bring alcoholic beverages onto the premises for their own consumption.
Licensees are riot perinitted to keep alcoholic beverages on the premises except for a
small quantity that is used in the preparation of certain specialty- cooked foods. The Board of
Selectmen as Licensing Authority will at its discretion determine what is reasonable for this
purpose, and whether or. not it is customary in the preparation of such specialty foods. This
policy shall not apply to establishments that hold valid liquor licenses.
Adopted 3- 12 -96, Revised 5 -25 -04
Section 3.7 — Entertainment Licenses and Licenses for Automatic Amusement Devices,
Billiard, Pool or Sippio Tables, or Bowling Alley
Chapter 140, Sections 181 and 183A, and Chapter 136, Section 4 of the Massachusetts
General Laws provide for the licensing of public amusements and other forms of entertainment.
Chapter 140 Sections 177 and 177A of the Massachusetts General Laws provide for the
licensing of "billiard pool or sippio table or a bowling alley for hire, gain or reward" and
"Automatic Amusement Devices for hire, gain or reward," respectively.
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3 -11 Board of Selectmen Policies li
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3 -11 Board of Selectmen Policies li
1. Application.
a. General. All applications or renewal thereof, shall be on the form prescribed by
the Board. The Board may require information as it deems appropriate.
b. Sunday License. Where required pursuant to M.G.L, c.136, §4, a separate
application shall be submitted with the appropriate state fee. Sunday Licenses
shall not be issued until the Division of Public Licensure has approved the
application.
.c, Automatic Amusement Device License. The license application shall specify each
automatic amusement device proposed for use on the premises.
&:2. Fees.
6. Location. EntertainmentF*tert innwat Licenses& shall be issued only_to premises
located in a business, -or industrial or zeneGateway Smart Growth zoning district, or
where the premises is otherwise suitable for such a license,. -
3. unless the use pre -dated zoning, or has been granted a variance to do business in a
location that is not in such districts.
4. Duration and Renewal.
a. An Entertainment _ Llicense may be issued for a full calendar year, or for a single
event. If an event is separately licensed, a separate application shall be made and a
separate fee shall be charged for each event.
fil@d by
b. An Automatic Amusement Devices, Billiard, Pool or Sippio Tables, or Bowling
Alley License shall be issued aalfor a full calendar year.
_
a c. Annlications for renewal shall be filed by November 1 of each year.
7-.5. Conditions. The Board may place reasonable conditions on the issuance of a license
in order to preserve and protect the public health, safety and order, to guard against
the creation of a nuisance, or to insure adequate safety and security for patrons or the
affected public. Unless otherwise specified, the following conditions shall apply
3-12 Board of Selectmen Policies
0
a. Live Entertainment. LVVl, L 1 VV1JV 1 1V V1lTa Vs f r live etAet+ „+ and
Seel ..,-, 181 hieense shall inelude the following . ndit . ns-
i. The Licensee shall protect employees, patrons, and members of the public,
both on and off the premises, from disruptive conduct, criminal activity,
and from health, safety and fire hazards;
ii. The Licensee shall prevent the unreasonable increase in the level of noise
in the area caused by the licensed activity or caused by patrons entering or
leaving the premises; and
iii. The Licensee shall prevent an unreasonable level of pedestrian or
vehicular traffic in the area of the event, and to prevent the unreasonable
level of increased parking in the area of the premises.
deb.Police Detail. Depending upon the anticipated attendance at an event and the
nature of the event, the Board may require a Police or other detail.
c. Inspections. All Licensed premises shall be available at all times for inspection by
the Board, the Board of Health, the Building Inspector, the Police Chief, or the
Fire Chief, or any of their designees.
e-d eette ° 1 ` 7 Automatic Amusement Device License
i. Gambling. Automatic Amusement Devices shall not be used for the
purposes of gambling.
f-.-Sightlines. Automatic Amusement Devices licensed under this policy shall ®- -------- Forma
be se- installed on the premises so as to be in open view at all times while
in operation, and shall at all times be available for inspection.
ii.
9-.6. Suspension or Revocation. All licenses are subject to suspension, revocation or
modification for breach of any license condition, or violation of any law, regulation,
bylaws, or policy of the Commonwealth, the Town or the Board or upon a finding
that the Licensee has adversely affected the public health, safety or order.
3 -13 Board of Selectmen Policies g6
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Section 3.89 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.
3- 15 Board of Selectmen Policies Al
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Section 3.89 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.
3- 15 Board of Selectmen Policies Al
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.
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.
3-16 Board of Selectmen Policies t ��
v\
Adopted 6126107
Section 3.914 Licenses for Utilizing Public Sidewalks for Outdoor Dining
The Board of Selectmen desires to encourage restaurants to provide outdoor dining on
public sidewalks in the downtown area of Reading in a safe and orderly manner.
Upon site plan approval by the Community Planning and Development Commission,
outdoor dining on private property may be permitted in addition to or in lieu of outdoor dining
on a public sidewalk. This policy addresses only outdoor dining on public sidewalks -ems .
The following regulations shall apply for licenses for utilizing public sidewalks for
outdoor dining, or "Outdoor Dining Licenses."
1 3.949.1 Application
1. Eli ig bility.
a. Only Inn- Holders and Common Victuallers may apply for an Outdoor Dining
License.
b. Unless otherwise permitted, tThe licensed outdoor seating area must be abutting
the establishment.
c. The establishments must be located within a business,-,OT-industrial.; or Gateway
Smart Growth zoning district, unless the business pre -dated zoning, or has been
granted a variance to do business in a location that is not in a business of
,,.1„s+,.;al zoning di ;^ +such districts.
d-
2. Applications. Applications shall be on the form prescribed by the Board, and shall
include the following:
a. Name, address, email address, and telephone number of the owner of the
establishment and the building within which the establishment is located (if
different);
b. Proof of ownerships, or a lease and k it4eN approval of the pFopeAy ^ r � r
t4edemonstrating authority to use 4--the premises for the license period and
written consent of the property owner to submission of the application;
d;c.A copy of the current Permit to Operate a Food Establishment issued by the Board
of Health;
e.d.Five (5) copies of a professionally drawn plan depicting the location of all
property to be placed on the sidewalk and
...f «matio.-. r-equiFed in order to be able to make a deeision as to the lieenseany
related information requested;
Vie. A plan for outdoor lighting if any is proposed; and
g f. If alcoholic beverage service is proposed:
i. A copy of the establishment's liquor license documenting that the public
sidewalk is within the premises licensed, or in accordance with Section 3.2
3-17 Board of Selectmen Policies (:I,�
of these Policies, an application to alter the license premises to include the
public sidewalk;
ii. A detailed alcohol control plan that includes what steps the manager will
take to ensure that alcohol remains within the licensed premises, signage,
and staff instructions; and
iii. Updated server training certificates for all individuals required to be
certified pursuant to Section 3.2 of this Policy.
1 3.949.2 Revocable at Will
The Outdoor Dining License is revocable at will by the Board for any reason whatsoever upon
written notice to the Licensee from the Board. The License Agreement shall stipulate that in the
event of such revocation, the Licensee shall have no recourse or claim against the Town for such
revocation whether by way of monetary charges, a suit in equity or otherwise.
3.949.3 License Fee
The initial license fee and the renewal license fee is $100, and shall be payable upon application
for an Outdoor Dining License or renewal thereof.
3.945.4 Duration of License
The Outdoor Dining License is valid for the period between April 1-5 and Oeteber-November 304 -
of each year. License renewals must be submitted by November 1 of each year.
3.949.5 License Conditions
In addition to those articled below, the Board may impose such additional conditions as it
determines to be appropriate.
1. Alcohol.
a. There shall be no service of alcoholic beverages unless permitted by the Board
and the establishment holds a liquor license that includes the public sidewalk as
part of the licensed premises.
b. There shall be no bar or service bar located on the public sidewalk.
c. All alcohol service shall be limited to customers who are seated at a table and
who orders food from the menu.
d. The Licensee shall comply with Section 3.2 of this Policy, including the provision
regarding outdoor service of alcohol.
2. Board of Health. Outdoor dining areas shall be considered as part of the restaurant and
shall comply with Board of Health Regulations. In addition to any other requirements,
smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations.
3 -18 Board of Selectmen Policies CV '
3. Barriers. The Board may require outdoor dining areas to be separated from their
surroundings by a temporary removable perimeter barrier. No such barriers may damage
the public sidewalk.
4. Property on Sidewalk.
a. All furniture and other items shall be placed on the sidewalk as depicted in the
plans submitted to the Board.
b. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied
by the Licensee and shall be maintained in a safe and sanitary manner.
c. All perimeter treatments, umbrellas, furniture and trash receptacles must be
removed at the end of the license term.
d. The Licensee shall comply with any notice form the Department of Public Works
or other public safety personnel that construction, public safety, or whether
requires the removal of the Licensee's property from the sidewalk.
5. Cleaning Requirements.
a. The Licensee shall provide and regulatory maintain outdoor trash receptacles
during the times that the licensed premises are open for business. All trash
receptacles shall be covered and trash removed nightly.
b. The Licensee shall keep the portion of the sidewalk subject to an Outdoor Dining
License clean and free of dirt, dust, and other debris. The Licensee shall prevent
and clean up litter from the licensed establishment in areas abutting the licensed
premise created by the licensee's use of the public sidewalk.
6. Accessibility. In no event shall the placement of outdoor dining furniture, umbrellas, or
perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk of
less than four feet in width. All establishments must maintain an accessible path of travel
at least 36 inches wide from the traveled portion of the public sidewalk to the doorway(s)
of the establishment through the outdoor dining area. The dining area must be accessible
and meeting the Americans with Disability Act and Massachusetts Architectural Access
Board's regulations (521 CMR 17.00).
7. Outdoor Food Preparation. Outdoor food preparation shall not be allowed unless
approved by the Board of Health in accordance with their procedures and regulations.
3.919.6 License Agreement, Insurance, and Claims
1. License Agreement. The owner and operator of the establishment shall sign a License
Agreement.
2. Certificate of Insurance. Prior to issuance of the License, the Licensee shall provide
proof of insurance to the Town Manager. The insurance policy shall cover the operations
of the establishment within the licensed sidewalk area, list the Town as an additional
insured, and conform with the following:
3-19 Board of Selectmen Policies �\
a. Comprehensive General Liability Policy: $1,000,000 each occurrence $3,000,000
aggregate
b. Worker's Compensation Coverage (per Massachusetts Law) and Employer's
Liability Coverage. Coverage A al slalulory limits and coverage B at limits of
$100,000 /$500,000/$100,000.
c. Umbrella Liability Coverage: Following the form of underlying General liability
and Employers' liability $1,000,000 combined single limit.
d. Liquor Liability Policy (if alcohol is sold): Coverage for bodily injury or death for
a minimum amount of $250,000 on account of injury to or death of 1 person, and
$500,000 on account of any 1 accident resulting in injury to or death of more than
1 person.
3. Hold Harmless /Indemnification. The Licensee (and their heirs, successors and assigns in
interest) shall hold harmless, defend and indemnify the Town of Reading
and its officers, employees and agents from and against any and all damages, liabilities,
actions, suits, proceedings, claims, demands, losses, costs and expenses (including
reasonable attorneys' fees) that may arise out of or in connection with to Licensee's use
of the public sidewalk covered by the Outdoor Dining License by Licensee and any and
all of Licensee's operations performed under the Outdoor Dining License.
Adopted 7 -14 -09 amended 5111110
Section 3.1047 — License for Portable A- Frame /Sandwich Board Signs
3.10 -1.1 - Purpose and Intent
This policy is developed in order to promote a pedestrian friendly community that
supports businesses. The regulation of Portable A -Frame and Sandwich Board Signs
(collectively "A -Frame Signs ") is intended to balance the aesthetic, safety, and economic
development needs of the community. By regulating this use, sidewalk access will be preserved
for pedestrians, particularly those with disabilities; and required ongoing maintenance of
sidewalks including snow and ice control can be accomplished.
3.10.2 — Delegation
The Board has delegated its authority to issue Licenses for Portable A- Frame /Sandwich
Board Signs to the Assistant Town Manager or his or her designee. Denials may be appealed to
the Board, whose decision shall be final.
3.10434 - General
1. Eligibility.
a. A -Frame Signs are only- permitted only in the Business -B zoning district and the
Gateway Smart Growth District.
b. Licenses may be issued for retail business uses and consumer services, excluding
banks, realtors, attorneys, medical practitioners, and other similar business uses
for which a portable /sandwich board sign is not usual and customary.
3-20 Board of Selectmen Policies 0�1�
e. Only one portable A -Frame Sign per business is allowed.
or _y "rt - °- -°---fip -- eharges before +- o - c ense may be issued.
e7c. -
2. Application. Application shall be by the business owner as opposed to the Sign maker or
installer, and shall be made on the form prescribed by the Board. Two copies of the
completed application and required attachments shall be submitted. The application shall
include the following information:
a. Business name and address;
b. Business owner contact information with email address and telephone number;
c. Proof of ownership or a copy of the lease and written authorization for the
placement of an A -Frame Sign from the property owner;
d. Color drawing of the proposed A -Frame Sign, documenting the materials and
colors, and a site /plot plan (to scale) showing the proposed A -Frame Sign location
and dimensions of the sidewalk, distance to the business entrance, and
relationship to adjacent buildings, roads, driveways, and other street amenities
such as trash receptacles, fire hydrants, utility fixtures, etc.; and
e. Photographs of the area where the proposed A -Frame Sign is to be located,
showing the storefront, building(s), the existing signs, abutting properties and the
streetscape surrounding the proposed A -Frame Sign.
3. Renewal. If there are no changes to the parameters of the A -Frame Sign and its placement
in a public way, the license holder may apply for a license renewal without resubmitting
the attachments to the original application. The Board reserves the right to renew or deny
the annual license in its sole discretion. The Beafd may Mega* eense renewal
4. Fee. The annual license fee shall be $50.00 for the first year or part thereof, and $25 pef
year for- annual renewals. There shall be no fee for a renewal of the license.
5. Duration. Licenses are valid for one calendar year (i pe er- 341 ')—or
remainder thereof, and — filust renewed annually. Applications for renewal must be
submitted by November 1 of each year.
6. Content. Nothing in this policy is intended to regulate the signage based on content or
preclude a business owner from changing the message during the year.
7. Non - Transferable. The license is non - transferable.
8. Revocable at Will. The A -Frame Sign License is revocable at will by the Board for any
reason whatsoever upon written notice to the Licensee from the Board. The License
Agreement shall stipulate that in the event of such revocation, the Licensee shall have no
recourse or claim against the Town for such revocation whether by way of monetary
charges, a suit in equity, or otherwise.
3-21 Board of Selectmen Policies a
3.101.4 -Conditions
In addition to any other conditions imposed by the Board, the A -Frame Sign shall conform with
the following:
1. Size and Weight.
a. The maximum height shall be 4 feet;
b. The maximum sign area shall be 6 square feet per side, with no more than 2 sides;
and
c. The A -Frame Sign shall be sufficiently weighted to prevent it from blowing over.
2. Location.
13ta. Shall be located within 15 feet of the business entrance (unless granted a visibility
hardship, see Section 3.11.5);
oob, Shall be placed so as to maintain a minimum of 4 feet (48 inches) of an
unobstructed walk -way for safe pedestrian passage and shall not obstruct
pedestrian movement;
47c. Shall be placed and maintained in compliance with all applicable federal, state,
and local regulations for handicapped accessibility;
mod. Shall be located in a manner that does not obstruct site lines or vehicular traffic;
Vie. Shall be located at least 20 feet from the intersection on corner lots;
gef. Shall be located at least 20 feet from another A -Frame Sign;
h-.g. Shall not be located on landscaped islands or other planted areas;
ieb. Shall be freestanding and not attached to any public appurtenance such as a bus
shelter, sign post, light fixture, trash barrel, bench or other similar item; and
j- .LShall not include attachments like balloons, flags, banners, lights, reflectors, or
other items.
3. Materials and Condition.
a. The sign material shall be weather resistant, shall not be reflective, and shall not
include any type of illumination; and
b. The A -Frame Sign shall be maintained in good condition.
4. Removal of Signs.
a. The Licensee must remove the A -Frame Sign at the end of each business day;
b. All A -Frame Signs must be removed at the request of public safety personnel, as
well as during all snow emergencies; and
3-22 Board of Selectmen Policies 9
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3.101.4 -Conditions
In addition to any other conditions imposed by the Board, the A -Frame Sign shall conform with
the following:
1. Size and Weight.
a. The maximum height shall be 4 feet;
b. The maximum sign area shall be 6 square feet per side, with no more than 2 sides;
and
c. The A -Frame Sign shall be sufficiently weighted to prevent it from blowing over.
2. Location.
13ta. Shall be located within 15 feet of the business entrance (unless granted a visibility
hardship, see Section 3.11.5);
oob, Shall be placed so as to maintain a minimum of 4 feet (48 inches) of an
unobstructed walk -way for safe pedestrian passage and shall not obstruct
pedestrian movement;
47c. Shall be placed and maintained in compliance with all applicable federal, state,
and local regulations for handicapped accessibility;
mod. Shall be located in a manner that does not obstruct site lines or vehicular traffic;
Vie. Shall be located at least 20 feet from the intersection on corner lots;
gef. Shall be located at least 20 feet from another A -Frame Sign;
h-.g. Shall not be located on landscaped islands or other planted areas;
ieb. Shall be freestanding and not attached to any public appurtenance such as a bus
shelter, sign post, light fixture, trash barrel, bench or other similar item; and
j- .LShall not include attachments like balloons, flags, banners, lights, reflectors, or
other items.
3. Materials and Condition.
a. The sign material shall be weather resistant, shall not be reflective, and shall not
include any type of illumination; and
b. The A -Frame Sign shall be maintained in good condition.
4. Removal of Signs.
a. The Licensee must remove the A -Frame Sign at the end of each business day;
b. All A -Frame Signs must be removed at the request of public safety personnel, as
well as during all snow emergencies; and
3-22 Board of Selectmen Policies 9
c. The Town may remove any sign placed in a public way in violation of this policy
at the sign owner's expense.
License Agreement. As a condition of the issuance of an A- Fralne Sign License, all
Licensees must sign a License Agreement, as provided in Section 3.144-.6.
3.110.5 — Visibility Hardship
Businesses may apply for a waiver of the placement limitations in this policy by applying for a
visibility hardship to receive permission to place an A -Frame Sign on the main nuc�s
road public sidewalk due to their location in an alleyway or other area that restricts visibility of
the business from major roads: Applicants shall demonstrate this hardship with photos or other
supporting documentation. If a hardship approval is granted, signs shall be located on the stmt
public sidewalk closest to the business. All of the other requirements for A -Frame Signs shall
apply.
3.10 -1.6 — License Agreement
4. License Agreement. The owner and operator of the establishment shall sign a License
Agreement.
Certificate of Insurance. Prior to issuance of the License, the Licensee shall provide proof
of insurance to the Town Manager. The insurance policy shall cover the licensed
sidewalk area, list the Town as an additional insured, and conform with the following:
a. Comprehensive General Liability:
b. Worker's Compensation Coverage (per Massachusetts Law) and Employer's
Liability Coverage.
c. Umbrella Liability Coverage:
6. Hold Harmless /Indemnification. The Licensee (and their heirs, successors and assigns in
interest) shall hold harmless, defend and indemnify the Town of Reading
and its officers, employees and agents from and against any and all damages, liabilities,
actions, suits, proceedings, claims, demands, losses, costs and expenses (including
reasonable attorneys' fees) that may arise out of or in connection with to Licensee's use
of the public sidewalk covered by the sign license by Licensee and any and all
of Licensee's operations performed under the license. The Licensee also agrees to
indemnify the Town of Reading or its agents from damage to signs resulting from
plowing or other public works maintenance.
Approved 1015110 Amended 1 -4 -11
3.11 KENO Licenses
Removed for discussion.
3-23 Board of Selectmen Policies
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Monday, January 08, 2018 9:25 AM
To: Saunders, Caitlin
Subject: FW: Storm Follow -up
BOS packet
From: Burns, Jane
Sent: Monday, January 08, 2018 9:08 AM
To: LeLacheur, Bob
Cc: Delios, Jean
Subject: Storm Follow -up
Bob,
I thought you should be aware that at the end of the storm on Thursday and again on Friday the high school boy's
hockey and lacrosse team, braved the freezing temperatures and blowing snow to clear out 50 senior residents. They
did this as strictly voluntary service.
This is a testament to what makes Reading a great community to live and age.
Jane
Jane Burns
Administrator, Elder /Human Services
Town of Reading, MA
16 Lowell Street
(781) 942 -6658
Office hours: Monday - Thursday 8:00 am - 2:30 pm, Fri. 8:30 am —12:30 pm.
Saunders, Caitlin
From:
Sent:
To:
Subject:
Attachments:
BOS packet, email & attached
Robert W. LeLacheur, Jr. CFA
LeLacheur, Bob
Monday, January 08, 2018 10:38 AM
Saunders, Caitlin
FW: [Reading MA] 2018 MLK Day Celebration (Sent by Heather McLean,
hksmclean@gmail.com)
mlk18poster1212_copy jpg
Town Manager, Town of Reading
16 Lowell Street, Reading, MA 01867
townmanager @ci.reading.ma.us
(P) 781 - 942 -9043;
(F) 781- 942 -9037
www.readingma.gov
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED
- - - -- Original Message---- -
From: vtsdmailer @vt -s.net [mailto:vtsdmailer @vt- s.net]
Sent: Monday, January 08, 201810:36 AM
To: Reading - Selectmen
Subject: [Reading MA] 2018 MLK Day Celebration (Sent by Heather McLean, hksmclean @gmail.com)
Hello Board of Selectmen,
Heather McLean (hksmclean @gmail.com) has sent you a message via your contact form
(https: / /www.readingma.gov /user /475 /contact) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at https: / /www.readingma.gov /user /475 /edit.
Message:
Please plan to join us for our Annual Martin Luther King Day Breakfast and Celebration at the Reading Memorial High
School Performing Arts Center on January 15th from 9:30- 11:30. Our theme this year is: "CommUNITY"
The morning will start with a light breakfast at 9:30 in the "Main Street"
area of the PAC, where local organizations will have tables to highlight their missions and work. The program will begin
at 10am in the auditorium, and will include local choirs, bands, and more!
2018 Martin. Luther King Day Celebration
January 15th, 2018
9:30am- 11:30am
5
Reading Memorial High School Performing Arts Center
The wading Human Relations Advisory Committee
presents
( (DEE=
a Martin Luther King, Jr. Day
Monday,, January 15th
Celebration
Reading Memorial High, School
Perfor ruing Arts Center
9:30am Breakfast 10:00am Program
(LUD R\g Off Q) 23
The Town of Reading encourages persons with disabilities to participate in its programs and activities, If you anticipate needing any type
accommodation or have questions about the physical access provided, prase contact the Town Clerk to be put in touch with an HR (x
representative (or email us directly at rhrac86 7@gmail.com) in advance of your participation or visit. �° 1
Reading Public Library
Lessons Learned - 1/8/18
■ Existing Conditions.
■ Previous condition surveys, design studies, staff /facilities interviews, etc.
• Survey & Boring performed in 2010 by GSI under original Arch.
• LBC directed design studies
• Parking counts change and access road and entrances during design; entrance
drainage not considered during design with TOR Engineer.
• Deering Street wall — Not considered for a bid alternate
■ Value of conducting Pre - Construction surveys /analysis w/ consultants (code /life safety,
feasibility, GeoTech; noise, etc.).
• Borings where not done for site utility work i.e. storm water detention basin as
designed during 2014.
• GSI hired directly by TOR for field related Geotech work
■ HAZMAT surveys.
• TRC provided Hazmat study under CBT —found to be incomplete during
construction. ACM mastic on south foundation wall under 1980's ramp, ACM
paper under wood floor, ACM fire doors
• TOR hire UEC per STV recommendation
■ Exploratory Demo.
■ Masonry investigation was not thorough enough for 1896 building; extent of
water intrusion through failed mortar joint, chimneys, mortar match, brick
selection.
■ Porte Cochere" rubble foundations vs. underpinning
■ Leaks in stone foundation wall
■ Foreseeable unforeseen conditions.
• Ground level masonry bearing wall supporting 15L floor deck hidden behind
drywall partition.
• Interior perimeter walls; ground level wall siting on slab to be removed, ill & 2nd
floor walls mix of drywall and original plaster ultimately replaced
• Floor underlayment was removed via addendum during bidding.
• Flattening of floors not considered
■ Design Consultant.
■ Selection process.
• Contract language.
• A/E closeout at 60 days is insufficient on public projects
• Signage design not included, design assist with CBT & State vendor
• FF &E design add services
• CA /Close -out issues and resolution.
• Completion timeline for 60 days
t�L
5/
2
Reading Public Library
Lessons Learned - 1/8/18
■ Contingency
■ 10% should be adequate with good quality documents vs approx. 15%
expended.
■ Document Development and Quality.
• MEP designer RFS was also the Commissioning Agent, need independent CA
• HVAC design issues; diffuser mod's & filters /racks, Condenser relocations fro
addition to existing building.
• ARCH & MEP's coordination issues — clash detection during design
• CBT carried Masonry Conservator in Mason FSB spec.
• Turret roof alternate structural design incomplete
• Arch's document not complete enough for bidding
■ End -user interaction during Design Development.
■ CBT worked directly with Director
■ Budget.
■ Added $142K to contingency only $55K spent with balance of $87K
■ Changes.
• Summary of types /values in the log.
• Architectural high at 16% of total
• Masonry high at 14% of total
• Others 4% to 11% of total
• Hierarchy of causation (or more simply, blame pie).
■ Owner —15% of total
■ Unforeseen — 54% of total
■ A/E — (4.7% of base GC contract) — 31% of total
■ Relocation Services (move -out and move -in).
• Temp space design with STV assistance
• STV FF &E assistance
• Project Close -out
• C -of -O /Substantial Completion process.
■ Punch list development was lengthy
• Turnover material.
■ Hard copies and electronic
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