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HomeMy WebLinkAbout2021-08-10 Select Board PacketINTER-MUNICIPAL AGREEMENT BETWEEN THE TOWN OF READING AND THE TOWN OF WAKEFIELD ANIMAL CONTROL SERVICES THIS AGREEMENT dated as of this _____ day of ________, 2021 (“Agreement”) by and between the Town of Reading, a Massachusetts municipal corporation having a usual place of business at Town Hall, 16 Lowell Street, Reading MA 01867, acting by and through its Select Board (“Reading”), and the Town of Wakefield, a Massachusetts municipal corporation having a usual place of business at 1 Lafayette Street, Wakefield, Massachusetts 01880, acting by and through its Town Council (“Wakefield”) WITNESSETH THAT: WHEREAS, Reading and Wakefield desire to share the services and costs associated with Animal Control Services, as defined herein; and WHEREAS, each of the parties has obtained authority to enter into this Agreement pursuant to G.L. c. 40, § 4A; NOW, THEREFORE, in consideration of the premises set forth above and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree under seal as follows: 1. Animal Control Services. During the term of this Agreement, Reading and Wakefield shall assume their respective shares of the costs for Animal Control Services (“ACS”). Notwithstanding any other provision of this Agreement to the contrary, Reading and Wakefield shall maintain separate Animal Control boards which shall be vested with the authority for setting policy within their respective communities. 2. Term. The term of this Agreement shall commence on July 1, 2021, and shall expire on June 30, 2024, unless earlier terminated as set forth herein. The parties shall review their contractual relationship every 12 months, the terms of which are set forth herein, to ensure that this Agreement continues to satisfy the needs and objectives of each community. 3. Identity of Animal Control Officers. The parties shall share the per diem services and costs of the incumbent ACOs of Wakefield, Beverly Milward and Kevin Nichols or a successor hired through the standard practice of Wakefield in consultation with Reading. 4. Compensation/Billing. a. Wakefield shall pay the per diem costs associated with ACS and shall bill Reading per fiscal quarter during the term, each payment to be due and payable within fifteen (15) business days after the commencement of such fiscal quarter (i.e., after 7/1, 10/1, 1/1 and 4/1). b. The ACO shall be paid $50 per call Monday 8AM though Friday 3PM. Each Town shall be responsible for calls requiring service within their community. The ACO shall be compensated $250 for being on call for the weekend (Friday 3PM through Monday 8AM), plus $50 per call (the $250 to be split evenly between both communities, each community shall pay for calls within their community as during Monday through Friday). c. The communities shall evenly split the costs of boarding animals or storage of dead animals, currently $3,000 annually. 2 5. Duties. The ACO shall perform duties as required by federal and state law and the bylaws and regulations of Wakefield and Reading. Attached as Appendix I is a document entitled “Reading and Wakefield ACOS Task List July 2021” to provide guidance as to the expected duties as they pertain to Reading. 6. Mileage Reimbursement. The ACO will be reimbursed for any mileage incurred in the performance of services hereunder directly by the community in which said services are performed. All mileage reimbursement shall be paid at the rate then governing in the community receiving said services. 7. Indemnification. Wakefield shall hold Reading harmless from any and all claims related to ACS prior to the commencement of the term of this Agreement. Reading shall indemnify and hold harmless Wakefield and each and all of its officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the ACO of duties in or for Reading including, without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the ACO while in or performing services for Reading. Similarly, Wakefield shall indemnify and hold harmless Reading and each and all of its officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the ACO of duties in or for Wakefield, including without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the ACO while in or performing services for Wakefield. Such indemnification shall include, without limitation, current payment of all costs of defense (including reasonable attorneys’ fees, expert witness fees, court costs and related expenses) as and when such costs become due and the amounts of any judgments, awards and/or settlements, provided that (a) Wakefield and Reading shall each have the right to select counsel to defend against such claims, such counsel to be reasonably acceptable to the other party and its insurer, if any, and to approve or reject any settlement with respect to which indemnification is sought; (b) each party shall cooperate with the other in all reasonable respects in connection with such defense; and (c) neither party shall be responsible to pay any judgment, award or settlement to the extent occasioned by the negligence or intentional misconduct of any employee, agent, official or representative of the other party other than the ACO. By entering into this Agreement, neither of the parties has waived any governmental immunity or limitation of damages which may be extended to it by operation of law including, but not limited to, G.L. c. 258, the Massachusetts Tort Claims Act. 8. Termination. This Agreement may be terminated by either party on ninety (90) days written notice to the other. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. The parties shall equitably adjust any payments made or due relating to the unexpired portion of the term following such termination. 9. Assignment. Neither party shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of the other. 10. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision were not contained herein. 11. Waiver. The obligations and conditions set forth in this Agreement may be waived only by a writing signed by the party waiving such obligation or condition. Forbearance or indulgence by a party shall not be construed as a waiver, nor limit the remedies that would otherwise be available to that party under this Agreement or applicable law. No waiver of any breach or default shall constitute or be deemed evidence of a 3 waiver of any subsequent or other breach or default. 12. Amendment. This Agreement may be amended only by a writing signed by both parties duly authorized thereunto. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to the conflicts of law’s provisions thereof. 14. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 15. Notices. Any notice permitted or required hereunder to be given or served on either party by the other shall be in writing signed in the name of or on behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or five (5) business days after the date of any properly addressed notice sent by mail as set forth below. a. To Reading. Any notice to Reading hereunder shall be delivered by hand or sent by registered or certified mail, return receipt requested, postage prepaid, to: Robert W. LeLacheur, Jr. CFA Town Manager Town Hall 16 Lowell Street Reading MA 01867 or to such other address(es) as Reading may designate in writing to Wakefield. b. To Wakefield. Any notice to Wakefield hereunder shall be delivered by hand or sent by registered or certified mail, return receipt requested, postage prepaid, to: Steve Maio Town Administrator Wakefield Town Hall 1 Lafayette Street Wakefield, Massachusetts 01880 or to such other address(es) as Wakefield may designate in writing to Reading. 16. Complete Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the parties concerning the subject matter hereof. Each party acknowledges that it has not relied on any representations by the other party or by anyone acting or purporting to act for the other party or for whose actions the other party is responsible, other than the express, written representations set forth herein. 17. Financial Safeguards. Wakefield shall maintain separate, accurate and comprehensive records of all services performed for each of the parties hereto. Wakefield shall maintain accurate and comprehensive records of all costs incurred by or on account of the ACS, and all reimbursements and contributions received from Reading. Periodic financial statements must be issued to each party. On an annual basis, the parties’ Financial Officers shall jointly audit the accounts of the ACS for accounting consistency and reliability. 4 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF WAKEFIELD By its Town Council Certificate of available appropriation __________________________________ _______________________________ __________________________________ Town Accountant __________________________________ Approval as to legal form __________________________________ _____________________________ __________________________________ Town Counsel __________________________________ __________________________________ TOWN OF READING By its Select Board Certificate of available appropriation __________________________________ _______________________________ __________________________________ Town Accountant __________________________________ Approval as to legal form __________________________________ _____________________________ Town Counsel __________________________________ 5 Appendix I: Reading and Wakefield ACO Task List July 2021 Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Animal Control Services will be supported by the Office of the Town Clerk, the Public Health Department and by the Police department on certain tasks below. 1. Enforces Massachusetts General Law 140, Sections 136A through 175 and the Town of Reading’s applicable bylaws. 2. Maintain a rabies certification record program to ensure that all dogs maintain up to date rabies vaccinations. 3. Provide information whenever possible to the media regarding lost or found dogs. 4. Assist as requested the Massachusetts Division of Cruelty to Animals in their investigation of the animal cruelty cases in the Town of Reading. 5. Issues warnings or citations to animal owners found to be in violation of all applicable laws. 6. Quarantines all dogs and cats that have bitten or been bitten, and reports quarantines to the Massachusetts Division of Animal Health. 7. Receives and responds to all related calls and complaints. Investigate complaints and files reports. 8. Performs kennel inspections of all homes with four or more dogs in residence. August 5, 2021 Reading Select Board Town of Reading 16 Lowell Street Reading, MA 01867 Re: PARC and Special Municipal Employee Designation Dear Select Board Members: This letter is in regard to the designation of members of the Parking Advisory and Recommendation Committee (PARC) with Special Municipal Employee (SME) status. As noted in my February 2, 2021 letter1, PARC members are municipal employees and are therefore bound by and subject to the State Ethics Law. Generally, the law covers all municipal officials and employees, whether elected or appointed, paid or unpaid, full-time or part-time. However, two sections of the conflict law apply less restrictively to those part-time or unpaid municipal officials who have been designated as SMEs. In order to encourage PARC membership and facilitate participation in other civic organizations, the Select Board may want to consider designating PARC volunteers with “special” status.2 I. Section 17: Acting on Behalf of Others Under G. L. c.268A, §17, municipal employees are prohibited from representing private parties before municipal boards or departments and cannot act as agents for private parties in connection with any matter of direct and substantial interest to their municipality. It also prohibits municipal employees from accepting pay or other compensation in connection with any matter of direct and substantial interest to their municipality. Significantly, Section 17 not only prohibits municipal employees from acting as an agent for anyone other than the Town before their own board or agency, but also prohibits them from acting as an agent for anyone other than the Town before other municipal boards and agencies, to private business or charitable organizations, or to private individuals. 1 The letter is attached as Exhibit A. Please note the letter is incorrectly dated 2020, instead of 2021. 2 While not addressed in this letter, various PARC members have asked the Select Board to allow them to participate in certain matters in which they have a financial interest (the so called Section 19(b)(1) exemption). My February 2, 2020 letter goes into more detail about Section 19 of the law. The Ethics Commission interprets “acting as agent” very broadly. Activities which can be considered “acting as agent” include: serving as someone's spokesperson; making phone calls or writing letters; acting as a liaison; affixing professional seals or signing supporting documentation; and participating as an electrician, plumber or other contractor during municipal building inspections. However, if a municipal employee holds a job that has been designated with SME status, the employee may represent private parties on matters of direct and substantial interest to the Town, provided (1) the employee has not participated at any time as a municipal employee or special municipal employee in the matter; (2) the matter is not and has not been the subject of the employee's official responsibility; and (3) the matter is not pending in the municipal agency or board for which the employee works. There is one narrow instance where a special municipal employee may represent a private party before their own board or agency. This occurs when the special municipal employee works less than 60 days in any 365-day period and has neither participated in the matter nor had official responsibility for it.3 The PARC is comprised of “[d]owntown business owners, managers or representatives of the Reading/North Reading Chamber of Commerce” and “resident business owners/managers with professional experience or keen personal interest in . . . economic development . . . .” As regular municipal employees, members of PARC could not advocate on behalf of a non-Town organizations – such as the Business Improvement District steering committee, the Cultural Council, or the Chamber of Commerce – before any Town department or public body or to another private business, charitable organization, or private individual on a matter of direct and substantial interest to the Town. This would preclude individuals working on behalf of the Chamber of Commerce, for example, from requesting an entertainment license to hold a night on the Town event. It would also prohibit a business owner from applying for a Board of Health permit on behalf of a restaurant that they manage. In contrast, if the PARC carries SME status, then Committee members may represent others before other Town boards and departments. The member could similarly act as a civic organization’s spokesperson on a matter of direct and substantial interest to the Town. Finally, if the PARC member serves for less than 60 days, they could also take advantage of the additional exemption and appear before the Select Board – the municipal agency for which they serve. II. Section 20: Contracts with the Town Under G. L. c.268A, §20, municipal employees are prohibited from having a direct or indirect financial interest in a contract with their municipality, absent a limited number of exemptions. However, SMEs have two additional exemptions available to them under Section 20.4 3 “A day is not counted for the purposes of the 60-day limit unless services are actually performed.” EC-COI-90-12. 4 (1) SMEs may have a financial interest in a contract with a department which is completely independent of the one where they work, provided that they file a disclosure with the town clerk (regular municipal employees would have III.Designating a Position with SME Status SME status can be assigned by a vote of the Select Board to any unpaid position within the Town – like PARC. The municipal position itself is designated as “special” such that all employees in the same position are classified as SMEs, and not any one particular individual receives the classification. Once a position is designated with SME status, the status remains until the designation is rescinded. The Town Clerk must keep a list of all SME positions, which should be filed with the State Ethics Commission. As set forth above, designing PARC with SME status may be beneficial to the Town as it will allow business owners and individuals involved in civic organizations to retain the ability to advocate for their organizations while also qualifying to volunteer for PARC. This flexibility broadens the available resources to PARC to accomplish its mission. Sincerely, Ivria Glass Fried to go through a “public notice” or “competitive bidding” process). (2) SMEs may have a financial interest in a contract with their own department (or with a department which has overlapping jurisdiction with their department), provided that they file a disclosure with the town clerk and Select Board votes to grant an exemption. EXHIBIT A February 2, 2020 Reading Select Board 16 Lowell Street Reading, MA 01867 Re: PARC and Ethics Dear Members of the Select Board, The Parking Traffic Transportation Task Force has recommended that the Select Board create an ad hoc Parking Advisory & Recommendation Committee (PARC). In a letter included in the Board’s packet, Julie Mercier laid out one potential option for membership on the Committee. Generally, the proposed membership structure is legally sufficient and complies with the Town’s bylaws and Charter. That said, I do wish to highlight the fact that individuals appointed to PARC will be deemed to be municipal employees under the State Ethics Law, which will impact participation. A municipal employee cannot participate in a matter if the employee, the employee's immediate family member or partner, a business organization in which the employee is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom the employee is negotiating or has any arrangement concerning prospective employment has a financial interest. See M.G.L. c.268A, §19. A municipal employee is deemed to have a financial interest in an abutting or nearby property's project whenever: • her property or her employer's property directly abuts (i.e., it shares any part of a property line); or • her property or her employer's property is directly opposite a street, public way or private way, or she is an abutter to an abutter within 300 feet of the property line; or • she or her employer, because of an act or failure to act by the board or commission, may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public; or • the matter would otherwise alter her or her employer's property value, rights, or use. For example, a property owner is presumed to have a financial interest in zoning changes, variances, nearby subdivision or development approvals, and roadway, sewerage or safety improvements. Julie has suggested - but not required - that PARC include owners or employees of downtown businesses and residents of do wntown or greater downtown areas. Such individuals could be deemed to have a prohibited financial interest in certain PARC discussions. For example, an employee of Christopher’s could not participate in matters pertaining to meter fees because it could impact Christopher's business (e.g., less patronage). There are two ways to address this: First, the Select Board could grant each PARC member with a financial tie to downtown a Section 19(b)(1) exemption upon a finding that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect. This would have to be done on a case by case basis with each conflicted individual completing and submitting the exemption request. Second, the Select Board could amend the PARC's charge such that one member must have an affiliation with a downtown business and another member must be a resident within the downtown district. Pursuant to 930 CMR 6.23, persons serving as members of public boards pursuant to a legal requirement that the board have members with a specified affiliation are permitted to participate fully in determinations of general policy. Notably, this exemption does not apply where the financial interest at issue is not shared by all members of the stakeholder group. For example, an employee of Christopher's may participate in discussions about increasing meter fees in downtown (general policy) but could not participate in discussions related to parking on Ash Street in front of Christopher's because not all business owners in downtown would be similarly impacted. In the latter case, the employee would need to obtain a Section 19(b)(1) exemption from the Select Board to participate. Please let us know if you require any further assistance or want to discuss the ethics issue in more detail. Sincerely, Ivria Glass Fried February 2, 2020 Reading Select Board 16 Lowell Street Reading, MA 01867 Re: PARC and Ethics Dear Members of the Select Board, The Parking Traffic Transportation Task Force has recommended that the Select Board create an ad hoc Parking Advisory & Recommendation Committee (PARC). In a letter included in the Board’s packet, Julie Mercier laid out one potential option for membership on the Committee. Generally, the proposed membership structure is legally sufficient and complies with the Town’s bylaws and Charter. That said, I do wish to highlight the fact that individuals appointed to PARC will be deemed to be municipal employees under the State Ethics Law, which will impact participation. A municipal employee cannot participate in a matter if the employee, the employee's immediate family member or partner, a business organization in which the employee is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom the employee is negotiating or has any arrangement concerning prospective employment has a financial interest. See M.G.L. c.268A, §19. A municipal employee is deemed to have a financial interest in an abutting or nearby property's project whenever: • her property or her employer's property directly abuts (i.e., it shares any part of a property line); or • her property or her employer's property is directly opposite a street, public way or private way, or she is an abutter to an abutter within 300 feet of the property line; or • she or her employer, because of an act or failure to act by the board or commission, may suffer an injury in fact which is different either in kind or magnitude from that suffered by the general public; or • the matter would otherwise alter her or her employer's property value, rights, or use. For example, a property owner is presumed to have a financial interest in zoning changes, variances, nearby subdivision or development approvals, and roadway, sewerage or safety improvements. Julie has suggested - but not required - that PARC include owners or employees of downtown businesses and residents of do wntown or greater downtown areas. Such individuals could be deemed to have a prohibited financial interest in certain PARC discussions. For example, an employee of Christopher’s could not participate in matters pertaining to meter fees because it could impact Christopher's business (e.g., less patronage). There are two ways to address this: First, the Select Board could grant each PARC member with a financial tie to downtown a Section 19(b)(1) exemption upon a finding that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect. This would have to be done on a case by case basis with each conflicted individual completing and submitting the exemption request. Second, the Select Board could amend the PARC's charge such that one member must have an affiliation with a downtown business and another member must be a resident within the downtown district. Pursuant to 930 CMR 6.23, persons serving as members of public boards pursuant to a legal requirement that the board have members with a specified affiliation are permitted to participate fully in determinations of general policy. Notably, this exemption does not apply where the financial interest at issue is not shared by all members of the stakeholder group. For example, an employee of Christopher's may participate in discussions about increasing meter fees in downtown (general policy) but could not participate in discussions related to parking on Ash Street in front of Christopher's because not all business owners in downtown would be similarly impacted. In the latter case, the employee would need to obtain a Section 19(b)(1) exemption from the Select Board to participate. Please let us know if you require any further assistance or want to discuss the ethics issue in more detail. Sincerely, Ivria Glass Fried VASC WEDNESDAY, AUGUST 4, 2021 7:00 PM TOWN HALL - SELECT BOARD MEETING ROOM Time Name 7:00 PM Marcel DuBois duboism@comcast.net 7:15 PM Daniel Ensminger danensminger@comcast.net 7:30 PM Nancy J Ziemlak njziemlak@gmail.com 7:45 PM Tina Ohlson (Remote) tinaohlson@gmail.com 8:00 PM Deliberations Nancy Graham nmgraham26@gmail.com 7/27/2021 2:15 pm - spoke with Nancy she said she never actually filled out the application, Dan & another gentleman actually applied, and she is no longer interested. Joseph Clinton Carnahan joseph.carnahan@gmail.com 7/19/2021 2:30 pm - defers to Tina (per email) LaVerde, Jacquelyn From:Gemme, Laura Sent:Monday, July 19, 2021 10:23 AM To:Saunders, Caitlin; LaVerde, Jacquelyn Subject:Board of Registrars Attachments:Dubois - BoR.pdf; Ensminger - BoR.pdf; ZIEMLAK Nancy - Board of Registrars.pdf Attached are the only applications I have received. Please keep in mind that the Board of Registrars is a bit different than the other Boards and names for appointments must be submitted the Town Committee, applications should not be a requirement The names to be considered Tina Ohlson – Democrat – 2004 200 Forest Street Joseph Clinton Carnahan - Democrat – 2011 352 West Street Nancy J Ziemlak – Democrat – 1995 15 Orchard Park Drive Nancy Graham – Republican – 1995 26 Holly Road Marcel DuBois – Republican – 2002 16 Willow Street Daniel Ensminger – Republican - 2000 6 Oakland Road     Laura A Gemme, CMC /CMMC Town Clerk Board of Registrar Elections Official Justice of the Peace Notary Burial Agent Public Records Access Officer Census Liaison Town of Reading 16 Lowell Street Reading, MA 01867 (P) 781-942-6647 (F) 781-942-9070 (E) lgemme@ci.reading.ma.us (W) http://www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 AM to 5:30 PM Tuesday - 7:30 AM to 7:00 PM Friday - CLOSED When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received.   LaVerde, Jacquelyn From:Joseph Carnahan Sent:Monday, July 19, 2021 2:30 PM To:LaVerde, Jacquelyn Cc:Saunders, Caitlin; Gemme, Laura Subject:Re: Board of Registrars - VASC Interview Thank you for reaching out.    I understand that the Democratic Town Committee has another nominee, Tina Ohlson, and I would like to defer this  volunteer opportunity to her. Do you still need me to come in and interview, or can I just decline and then you can reach  out to me again if it appears that Tina is unable to do this after all?    On Mon, Jul 19, 2021 at 11:10 AM LaVerde, Jacquelyn <jlaverde@ci.reading.ma.us> wrote:  Hello Joseph,     I am contacting you because you have expressed interest in serving on the Board of Registrars.  The Volunteer  Appointment Subcommittee (VASC) is meeting on Wednesday, August 4th at 7:00 pm to interview candidates for the  Board of Registrars.  The meeting will be held at Town Hall in the Select Board Meeting Room.  Please let me know if  you are available that evening for a brief 15‐minute interview and I will be happy to add you to their schedule.     Thank you and kind regards,  Jackie     Jackie LaVerde  Sr. Administrative Assistant  Town of Reading  16 Lowell Street  Reading, MA 01867  781-942-6643  jlaverde@ci.reading.ma.us    Town Hall Hours:  Mon, Wed, Thurs 7:30 am – 5:30 pm  Tues 7:30 am – 7:00 pm  Friday - CLOSED           ‐‐   Joseph C. Carnahan  joseph.carnahan@gmail.com  (434) 409‐9550  Page 1 To: Bob LeLacheur, Town Manager From: Julie Mercier, Community Development Director CC: PTTTF; CPDC; Chris Latham, Project Attorney Date: June 16, 2021 Re: 531 Main Street 40R – Proposed Improvements to Chapin Avenue Documents Pertinent to Request: • Letter from project attorney Chris Latham to the Reading Select Board, dated May 26, 2021; • Sheet C-102A Street Improvements Plan, Mixed Use Development, 531 Main Street, prepared by Allen & Major Associates, Inc., dated 5/29/20, revised 4/18/21. • Plan of Land of 531 Main Street, Reading, MA, Showing Existing Conditions, prepared by Williams & Sparages, dated August 6, 2018. Documents Reviewed by CPDC: • https://www.readingma.gov/community-planning-and-development-commission/pages/531-main-street- 40r-application CPDC / PTTTF Summary CPDC jurisdiction for Plan Review of 40R projects falls under Section 10.5 of the Reading Zoning Bylaw and the Downtown Smart Growth District Design Guidelines, links provided herein: https://www.readingma.gov/sites/g/files/vyhlif1116/f/uploads/2019-11_zoning_bylaw.pdf https://www.readingma.gov/sites/g/files/vyhlif1116/f/uploads/dsgd_designguidelines_2020revisions_final_0.pdf The CPDC is required to hold a public hearing and to notify abutters in compliance with MGL Chapter 40A Section 11; as such, a legal ad was published twice in the Reading Chronicle, and mailed notification was sent to abutting property owners within 300’ of the property. From July 2020 to February 2021, the CPDC held a public hearing for a proposed mixed-use 40R project at 531 Main Street (the historic Reading Chronicle building). During the public review process, the project was modified from 19 residential units with a City Lift parking system to 7 residential units with 9 conventional parking spaces, and approximately 600 SF of commercial space on the ground floor. The project meets the minimum required parking ratio of 1.25 spaces per residential unit. The CPDC’s Decision of Approval can be enacted and is technically independent of any changes to Chapin Avenue. However, various improvements to Chapin Avenue were discussed by both the CPDC and PTTTF on multiple occasions, with ultimate agreement between both entities on recommendations, which are depicted on Sheet C-102A Street Improvements Plan, dated 5/29/20, revised 4/18/21, and summarized as follows: • The width of Chapin Avenue shall be maintained at 24’; • All sidewalks shall be ADA compliant (ramps shall be reconstructed as needed), and shall tie into sidewalks along Main Street (Main Street sidewalk along property frontage will be reconstructed); JULIE D. MERCIER Community Development Director Phone: (781) 942-6648 Fax: (781) 942-9071 jmercier@ci.reading.ma.us Town of Reading 16 Lowell Street Reading, MA 01867-2683 Page 2 • Minimum 4’ wide concrete sidewalks with granite curbs shall be provided on both sides of Chapin Avenue: extending the length of the property frontage (excluding the curb cut for garage access) on the south side of Chapin Avenue, and extending the length of the Mission of Deeds building on the north side of Chapin Avenue; • Two (2) 8’ x 22’ on-street parking spaces shall be provided within a jog of the sidewalk along the south side of Chapin Avenue; • A landscaped area shall be provided in the sidewalk bump out west of the garage access; and • Bike racks shall be provided in the sidewalk bump out east of the garage access. In addition, at their meeting on February 8, 2021, as part of their Decision of Approval, the CPDC made the following recommendation (page 6 of the Decision): The CPDC has requested that the Applicant consider designing a level plateau concrete area up against the building façade that wraps the corner of Main and Chapin and provides a feasible location for outdoor seating, and that would clearly define the commercial area. The required sidewalk would be designed to meet sidewalk standards and would form an outer ring around this plateaued area. This recommendation was incorporated as a “level landing area” on Sheet C-102A Street Improvements Plan, dated 5/29/20, revised 4/18/21, and was reviewed favorably by PTTTF on May 26, 2021. Next Steps As noted, the CPDC has approved the 40R project, and the CPDC and PTTTF agree on the proposed improvements described above. The Select Board discussion on 6/29 has not been posted as a public hearing, and depending on how the discussion goes, a public hearing may be needed to formalize any changes to Chapin Avenue. MAIN STREETCHAPINAVENUEMAIN STREETCHAPINAVENUE cAll Rights ReservedCopyright 2021 Allen & Major Associates, Inc.100 COMMERCE WAY, SUITE 5WOBURN MA 01801TEL: (781) 935-6889FAX: (781) 935-2896civil engineering land surveying environmentalconsulting landscape architecturew w w . a l l e n m a j o r . c o mALLEN & MAJORASSOCIATES, INC.PREPARED BY:MANCHESTER, NHLAKEVILLE, MAWOBURN, MA1 inch = ft.( IN FEET )GRAPHIC SCALE10 Proposed Edits to Article 1 of the Select Board’s Policy Language proposed to be added is noted in BOLD. Language to be stricken is noted in cross out. Only those provisions containing proposed edits are reflected below. It is advised that Select Board members review the entire policy section when considering the suggested amendments. 1.1.4 – Secretary The Select Board Secretary shall: *** 5. Until a revised Communication Policy is enacted, the Secretary will rRespond to all correspondence received within 48 hours, by acknowledging receipt. The correspondence will be done in the role of Secretary and not as an individual member. 1.2.3 – Meeting Agendas The purpose of the agenda is to allow the general public an opportunity to participate in a topic matching their interests. The Agenda shall: 1. Be approved by the Chair in consultation with the Town Manager. 2. Contain any discussion item requested by two or more Board members as soon as practical 3. Be published in advance as far as is possible. 4. Contain public communication received since the last Board meeting. *** 1.4.1 – Select Board Communication *** 5. In today’s society, much of the correspondence to the Select Board is electronic, and often is copied to all members of the Board. The Select Board acknowledges that correspondence in electronic form that is made and/or received by it and its individual members are public records, unless specifically exempted from the definition of public record. Additionally, the Select Board 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 cCorrespondence will shall be handled in the following manner: a. Electronic correspondence sent to the whole Select Board shall be made available to the public in their included in the meeting packet for the Board’s next available meeting if the communication specifically pertains to an approved agenda item for that meeting, as determined by the Chair, after consultation with the Town Manager, unless the correspondence is. Notwithstanding the above, all correspondence from or pertaining to a minor child, the correspondence involves or containing privileged legal material shall be excluded from the meeting packet. Any correspondence shall also be excluded from the meeting packet or otherwise on the advice of Town Counsel. All meeting packets shall be posted online and made publicly available. Clean version for ease: Electronic correspondence sent to the whole Select Board shall be included in the meeting packet for the Board’s next meeting if the communication specifically pertains to an approved agenda item for that meeting, as determined by the Chair, after consultation with the Town Manager. Notwithstanding the above, all correspondence from or pertaining to a minor child or containing privileged legal material shall be excluded from the meeting packet. Any correspondence shall also be excluded from the meeting packet on the advice of Town Counsel. All meeting packets shall be posted online and made publicly available. b. The Select Board’s Secretary shall respond to electronic communication sent to the entire Board and acknowledge receipt of the correspondence, and note that the correspondence shall appear in the next available Select Board meeting packet, if applicable. *** iii. All non-electronic correspondence shall be converted to an electronic format and forwarded to the full Select Board in a timely manner. All correspondence circulated pursuant to this provision shall be subject to the terms of subsection a, above. ARTICLE 1 - GENERAL OPERATING PROCEDURES Section 1.1 – Organization of the Board 1.1.1 – Annual Reorganization The Select Board shall schedule a meeting after the Town election and prior to the opening of the annual Town Meeting. During this meeting, the Board shall reorganize (elect officers). Although the Select Board retains the right to reorganize at their discretion, this policy establishes the guidelines of: 1. Annual rotation of the Chair. 2. Not having a Select Board member serve as Chair in the final year of that member’s term. 1.1.2 - Chair The Select Board Chair shall: 1.Be responsible for calling regular, emergency and Executive Session meetings of the Select Board, as needed. 2. Preside over Select Board meetings, approve the Agenda in consultation with the Town Manager, and recognize all speakers including other Board members. 3. Nominate Board members to represent the Select Board at appropriate functions, events and meetings. 4. Nominate Board members to Board Subcommittees. Final appointment is by a majority of the Board members. 5. In fulfillment of the requirement of Sec. 2.2.5 of the General Bylaws, serve as a member of the appointment committees for the following entities: •Finance Committee (per Sec. 2.12.1 of the Home Rule Charter), •Bylaw Committee (per Sec. 2.12.2 of the Home Rule Charter), •Permanent Building Committee (per Sec. 3.2.6 of the General Bylaws). 1.1.3 – Vice Chair The Select Board Vice Chair shall: 1. Be responsible for stepping in to assume the duties of the Chair as may be necessary. 1.1.4 - Secretary The Select Board Secretary shall: 1. Be responsible for stepping in to assume the duties of the Vice Chair or Chair as may be necessary. 2. Conduct the final review and signature of Board Minutes. 3. Certify, as required by law, votes of the Select Board. 1- Select Board Policies 1 4. Sign documents upon direction of a majority of the Board members, including legal settlements on behalf of the Select Board. Alternatively, any other Board member or the Town Manager may be authorized to perform this function. 5. Until a revised Communication Policy is enacted, the Secretary will rRespond to all correspondence received within 48 hours, by acknowledging receipt. The correspondence will be done in the role of Secretary and not as an individual member. 1.1.5 - Liaisons The purpose of establishing Select Board Liaisons to the various Town Departments/Divisions and to Boards and Committees is to maintain good communication and effective working relationships. Liaisons are responsible for providing reports to the full Select Board at a regular meeting on an as needed basis. Liaisons shall: 1. Act in a role to support the Town Departments/Divisions in their operating functions as well as longer-term Select Board Goals. 2. Attend as many meetings of the Boards and Committees as possible. 3. Inform Town Department Heads of their interaction with Boards and Committees for which they have responsibility as described in the Table of Organization as approved by Town Meeting. All correspondence from a liaison to a Department Head will copy the Town Manager. 4. Facilitate communication between the Select Board and the Boards and Committees. Under no circumstances will a member acting in a liaison role direct or manage staff. 1.1.6 - Subcommittees The purpose of establishing Select Board Subcommittees is to have a mechanism for the Board to review and consider specific issues. Subcommittees shall: 1.Be composed of two members of the Select Board. 2.Follow all Open Meeting Law as if conducting a full Board meeting. 3.Recommend, but not approve, a course of action to the full Board. 1.1.7 – New Members In order to assist new Board members to be effective in their first years, the Board shall establish an on-boarding process which may include but not be limited to meetings with individual Board members the Town Manager and Town Department Heads. The Board shall also create a Select Board Guide to be distributed to new members. Section revised March 2019 Section 1.2 – Board Meetings 1.2.1 – Meeting Schedule 1- Select Board Policies 2 The Select Board shall meet at least once each month and publish a meeting Schedule at least six months in advance. 1.2.2 – Office Hours The Select Board shall offer Office Hours to the general public at least once each month and publish the times and dates in their meeting schedule. Individual Select Board members will rotate turns with Office Hours, and make a report to the full Board during Liaison reports as needed. 1.2.3 – Meeting Agendas The purpose of the agenda is to allow the general public an opportunity to participate in a topic matching their interests. The Agenda shall: 1.Be approved by the Chair in consultation with the Town Manager. 2.Contain any discussion item requested by two or more Board members as soon as practical 3.Be published in advance as far as is possible. 4.Contain public communication received since the last Board meeting. Some Board meetings may consider only a single agenda item. However typical Board meetings will have the following agenda items: 1.Proclamations / Certificates of Appreciation 2.Reports and Comments (including Select Board Liaison Reports and Comments, Town Manager’s Report, and Public Comment) 3.Open session for topics not reasonably anticipated 48 hours in advance of the meeting 4.Approval of Previous Meeting Minutes 5.Personnel and Appointments 6.Discussion / Action Items 7.Licenses, Permits, and Approvals 8.Preview of the Next Meeting’s Agenda 9.Executive Session The regularly scheduled meetings of the Select Board shall be limited by having discussion limited to agenda items taken up or tabled prior to 11:00 p.m. All remaining items will be deferred to a subsequent meeting. In order to facilitate the above policy efficiently, the Chair shall: 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- Select Board Policies 3 1.2.4 – Deferred Agenda Items It shall be the policy of the Select Board 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. 1.2.5 – Public Comment Each person appearing before the Select Board who wishes to speak will, upon recognition by the Chair, identify him/herself by name and address of residence. Failure to identify him/herself may result in the Chair withdrawing permission for that individual to speak to the Select Board. When recognized by the Chair, the speaker shall (1) address only the Chair; (2) speak for only the time allocated; and (3) avoid making disparaging comments about individuals. 1.2.6 – Executive Sessions The Board shall always begin a meeting in Open Session, and may enter Executive Session only for the purposes allowed under Open Meeting Laws. Whenever possible, Executive Sessions will be scheduled at the end of an open session, and for the convenience of the public the Board will announce their intention to adjourn without returning to open session. In accordance with the provisions of the Open Meeting Law, the Town Manager, acting as clerk to the Select Board, will review approved confidential minutes of the Select Board's Executive Sessions on a regular basis. It is the intent of the Select Board to withhold minutes only for as long as the publication of the record would defeat the original purpose of a lawfully convened Executive Session. 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 Select Board's meeting agenda. 1.2.7 – Conduct of Select Board Meetings In the conduct of all Select Board Meetings, the following rules shall be observed: Rule 1 A quorum for doing Select Board business shall be a majority of the total number of Select Board members, as defined in the Reading Home Rule Charter. Rule 2 Pursuant to Sec. 1.6 of the Reading Home Rule Charter, except as otherwise determined by bylaw or statute, a majority of the total number of Select Board members shall constitute the majority vote for approving motions. Rule 3 All articles on the Select Board agenda shall be taken up in the order of their arrangement in the agenda unless otherwise decided by a majority vote of the members. Rule 4 Every Select Board member shall respectfully address the Chair, shall not speak until recognized by the Chair, shall speak to the question under debate and shall avoid making disparaging comments about individuals. 1- Select Board Policies 4 Rule 5 No speaker at a Select Board Meeting shall be interrupted, except by a Member making a point of order, or by the Chair. Rule 6 A procedural ruling of the Chair may be overturned by a majority vote of the Board. Rule 7 Select Board members who have a financial interest in any matter that comes before the Select Board for consideration is required by M.G.L. c.268A, §19 to recuse themselves from participating in the Select Board deliberations. Members of the public who have a financial interest in any matter that comes before the Select Board for consideration and any person whose employer has such an interest are encouraged to disclose such interest or interests before speaking on such matter. Rule 8 All Select Board votes shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. Rule 9 No motion shall be acted on until it is seconded. Amendments deemed irrelevant by the Chair to the subject of the original motion shall not be accepted. A “friendly amendment” may be agreed to without a vote and included as part of a pending motion, if it is acceptable to both the mover and seconder of the motion. Rule 10 When a question is under debate, no motion shall be in order except: •to adjourn, •to lay on the table (for the duration of the meeting) •to make a privileged motion (point of order or, point of information) •to take a motion from the table •to postpone for a time certain •to commit for further study •to amend •to postpone indefinitely •to move the question (requires 2/3 vote) •to fix a time for terminating debate and putting calling the question, and the aforesaid several motions shall have precedence in the order in which they stand arranged in this rule. Rule 11 Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to be decided without debate include motions to adjourn, to move the question, to lay on the table and to take from the table. 1.2.8 - Public Hearings Public hearings shall be conducted using the following guidelines: 1.Select Board Secretary reads the legal notice for the hearing; 1- Select Board Policies 5 2.Select Board Chair introduces the main speaker, and may then delegate authority to chair the hearing to another Select Board member; 3.Main speaker gives presentation on the hearing's subject matter; 4.Chair or designee first asks for questions on the presentation from Select Board members; 5.Chair or designee then asks for questions from the public. Reasonable time limits per speaker may be imposed, per Sec. 1.2.5. The Chair or designee may take a show of hands to see how many wish to speak before establishing such time limits; 6.Motion to close the hearing (or continue it to a date and time certain) is made and voted by the Select Board; 7.If the hearing is closed (not continued), a motion is made by a Select Board member to approve the document or action that is the subject of the hearing; 8.Motion is seconded. Amendments may then be offered by other SB members. The chair or designee can ask that each amendment be discussed and voted on before others are offered; and 9. Once all amendments are dealt with, a final vote is taken on the main motion as amended. 1.2.9 - Liaison Assignments Nominate Board members for annual Liaison assignments in April, following the Annual Town Election (per Sec. 1.1.5) or at other times, where necessary. The final decision on Liaison assignments is by a majority of the Board members. Section revised March 2019 Section 1.3 – Responsibilities of the Board 1.3.1 – Reading Home Rule Charter Article 3.2 The executive powers of the Town shall be vested in the Select Board. The Select Board shall have all of the powers and duties granted to Boards of Selectmen by the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be provided by the Charter, by Town Bylaw, or by Town Meeting vote. The Select Board shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. The Select Board shall appoint a Town Manager, a Town Counsel, a Town Accountant, not more than five (5) Constables, and any other appointed board or committee member for whom no other method of selection is provided by the Charter or by Town Bylaw. The Select Board or its designee shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of 1- Select Board Policies 6 such licenses, to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. 1.3.2 – Town Manager Authorization The role of the Town Manager is established by Article 5 of the Reading Home Rule Charter. The Town Manager has the ultimate authority and responsibility for the operation and the management of the Town, under the direction of the Select Board. Except for actions contrary to decisions or written policies made by the Select Board, 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 Select Board regarding collective bargaining negotiations. The Town Manager may utilize other Town personnel as needed to carry out these responsibilities. 1.3.3. Process for Evaluating the Town Manager The Select Board is 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. The Board is also charged with conducting an annual review and evaluation of the Town Manager’s performance. 1.3.3.1. Town Manager Contract In accordance with Article 5.1 of the Reading Home Rule Charter, the Select Board has entered into a three-year contract with the Town Manager (see h"ps://www.readingma.gov/administra4ve-services/human-resources/pages/ contracts-1). There are a series of requirements stipulated in the contract for the annual evaluation: •(Sec. V A.) The Board shall review and evaluate the Town Manager no later than September 30 of each year….. Said review and evaluation shall be based on the goals and objectives developed jointly by the Board and the Town Manager. Further, the Town Manager shall be provided a summary written statement of the evaluation findings of the Board and shall have an adequate opportunity to discuss individual comments with each Board member in advance of a formal Performance Review. •(Sec. V B.) Annually the Board and the Town Manager shall define the Town Manager goals and objectives which they determine necessary for the proper operation of the Town and the attainment of the Board's policy objectives, and shall further establish a general priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limits specified and within the annual operating and capital budgets and appropriations provided by the Town and the events that have occurred during the year. 1- Select Board Policies 7 •Per a recent court case, the method of collection of material used in the Town Manager’s annual evaluation has been changed to comply with OML. Composite evaluations must now be compiled by Staff, not by individual Select Board Members. 1.3.3.2. Process for Setting Town Manager Goals The following guidelines and timetable are hereby established for setting annual and multi-year goals for the Town Manager: •The Town Manager and Select Board are encouraged to collaborate in the goal-setting process during their public meetings, beginning in May and June. •By June 30 of each year the Town Manager will provide to the Select Board draft goals for the following Fiscal Year beginning July 1. •Between 5 and 10 of these goals shall be prioritized by the Town Manager. •If multi-year goals are desired by both parties, they shall be split into multiple sub-goals for each fiscal year, in a manner that allows progress on each year’s sub-goal to be measured. •These draft goals should be accompanied by a suggested set of metrics by which the Select Board can measure progress toward the accomplishment of each goal. •The Select Board shall discuss, modify, and approve the Town Manager’s goals by August 30. •If a situation arises between September through December where the Town Manager or Select Board decide that the approved goals for the current Fiscal Year need to be modified or re-prioritized, o The Select Board Chair will first meet with the Town Manager to discuss the revisions o The Town Manager will revise the goals and re-present them to the Select Board for their approval not later than December 30. o These goals should not be changed again after December 30 except under urgent and unforeseen circumstances. 1.3.3.3. Process for Reviewing and Evaluating the Town Manager The following guidelines and timetable are hereby established for the annual review and evaluation of the Town Manager’s performance: Development and Periodic Review of the Annual Evaluation Form 1- Select Board Policies 8 •At least once every two years, the Select Board shall review with the Town Manager the evaluation process, including the format and content of the annual evaluation form. As a part of this process, the Select Board may also adopt a self-review form for the Town Manager to submit. •This process review shall be done in May and June of the previous Fiscal Year, and shall be completed not later than June 30. The Board may assign this work to a Subcommittee who will hold public meetings on the subject. •The Town Manager review form shall contain the following elements, with a mixed response style of numerical ratings and comments: o Evaluation of progress toward meeting goals o Setting and measuring of core competencies o Measuring achievement of daily responsibilities o Highlighting areas of “necessary professional growth” Communication During the Year •The Town Manager shall review progress made toward achieving the goals with the Select Board at least once every three months, with a final report on goals presented to the Board not later than June 30 (end of the Fiscal Year). •Consistent with the Town Manager’s contract, each member shall discuss any concerns that they might have with the Town Manager in a timely manner. This feedback should take the form of a meeting with the Town Manager and a representative of HR. •Only concerns discussed during such meetings shall be mentioned in the final evaluation. End of Year Review •Each Board member shall complete and submit the approved evaluation form to designated HR staff no later than August 15. •Individual Board members should keep their end of year feedback professional and respectful. •Newly elected Board members should endeavor to complete as much of the evaluation form as they feel competent to do. Their comments should address the Town Manager’s performance only for the period of time they have been Select Board members. 1- Select Board Policies 9 •Staff will collate the individual submissions into a composite document that will be used in the evaluation. •The Town Manager’s self-review, if approved by the Board as a part of the process, is also due not later than August 15. •During public meetings held to discuss the composite evaluation, the Board should focus on common themes present in the composite evaluation. •If a majority of Board members agree that remedial action is required by the Town Manager in any area, the Board and the Town Manager will develop a separate plan of action and may incorporate any required actions into the Town Manager’s goals that are being set for the current Fiscal Year, in accordance with the timetable specified in Sec. 1.3.3.2. •The Board shall complete the review and evaluation of the Town Manager not later than September 30 of each year. 1.3.4 – Town Manager Contract The Select Board may approve a written contract with the Town Manager in accordance with Article 5.1 of the Reading Home Rule Charter. This contract shall be available as a public document. 1.3.5– Town Collective Bargaining Agreements The Select Board is responsible for approving written agreements signed by the Town Manager and all Town labor unions, including a Health Insurance agreement signed by the Town Manager and all Town, School and Light department unions plus a Retiree representative. 1.3.6– Legal Issues The Select Board is responsible for initiating or settling litigation, in certain cases subject to Town Meeting approval. 1.3.7– Operations The Select Board shall: 1. Operate in accordance with the spirit, as well as the letter of all laws affecting its business and its employees. 2. Act with the highest level of integrity, business ethics and objectivity in any transaction where a Select Board member or employee represents the Select Board. No Select Board member or employee is allowed to misuse the authority or influence of their position. 3. Operate in a businesslike and efficient manner in all aspects of operating and managing the Select Board. 4. Be supportive of a good working relationship between management and employees. 1- Select Board Policies 10 5. 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; 6. Operate in the best interests of the Town in all matters. 7. Adhere to the Code of Conduct presented in Article 2, Subsection 2.2. 1.3.8– State of the Town Address The Select Board shall prepare and deliver the annual State of the Town address, at the Annual Town Meeting following the Election. Section revised March 2019 Section 1.4 – Communication 1.4.1 - Select Board Communication It is important to the public and to the Select Board itself to make it clear when individual members are speaking for the Board as a whole, or when they are speaking for themselves as individuals. In order to ensure this clarity of communication, the following shall be the policy of the Select Board: 1. Members of the Select Board shall be given stationery with the Town seal in printed and electronic format for their use. This stationery shall name only that member of the Board on the masthead. Board members may only use this stationery for correspondence relative to Town matters. Any such correspondence shall state that the views expressed are those of that member of the Select Board only. 2. The Select Board stationery, naming all five members of the Board on the masthead, shall be used only for correspondence from the full Select Board. This stationary shall be used to communicate positions of the full Select Board based on consensus of the full Board or based upon actually voted positions of the Board. 3. The Select Board may take votes on recommendations on Warrant Articles appearing before Town Meeting, and the Chair of the Select Board or the designee thereof shall be responsible for communicating those recommendations to Town Meeting based on votes of the Board. 4. When Board members rise to speak at Town Meeting, they shall identify whether they are speaking for the full Board or as individuals. 1- Select Board Policies 11 5. In today’s society, much of the correspondence to the Select Board is electronic, and often is copied to all members of the Board. The Select Board acknowledges that correspondence in electronic form that is made and/or received by it and its individual members are public records, unless specifically exempted from the definition of public record. Additionally, the Select Board 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 cCorrespondence will shall be handled in the following manner:: a.Electronic correspondence sent to the whole Select Board shall be made available to the public in their included in the meeting packet for the Board’s next available meeting if the communication specifically pertains to an approved agenda item for that meeting, as determined by the Chair, after consultation with the Town Manager, unless the correspondence is. Notwithstanding the above, all correspondence from or pertaining to a minor child, the correspondence involves or containing privileged legal material shall be excluded from the meeting packet. Any correspondence shall also be excluded from the meeting packet or otherwise on the advice of Town Counsel. All meeting packets shall be posted online and made publicly available. a.The Select Board’s Secretary shall respond to electronic communication sent to the entire Board and acknowledge receipt of the correspondence, and note that the correspondence shall appear in the next available Select Board meeting packet, if applicable. i. If the correspondence may require actions by Town staff, the Town Manager shall be copied and so noted to the sender. ii. If the correspondence requests action from the Board on a particular matter within the Board’s jurisdiction, the sender shall be advised that the Requests for action shall appear in the next available published meeting schedule under ‘Future Agendas’ as appropriate. iii. All non-electronic correspondence shall be converted to an electronic format and forwarded to the full Select Board in a timely manner. All correspondence circulated pursuant to this provision shall be subject to the terms of subsection a, above. b.Select Board members may respond directly to any email correspondence received, provided they do not violate the Open Meeting Law in doing so. They are encouraged to copy the Town Manager on issues that may involve Town staff. 1- Select Board Policies 12 c.The Town Manager is encouraged to reply directly to the sender on issues that have been noted under section 1.4.1.5.b.i above and to update the entire Select Board on a timely basis either through email or at the next Select Board meeting. The Town Manager shall maintain a record of outstanding resident requests and inquiries that have come to the Select Board’s attention that may require actions by Town staff. Such record shall contain the name, request, and status of response, which shall be provided to the Board as part of the Town Manager’s report at each meeting. Multiple requests on the same topic may be consolidated into one record. If an inquiry relates to interaction with a member of Town staff, the Town Manager shall provide all relevant updates to the Board as permitted by law or pursuant to the advice of Town Counsel. The Town Manager, the Ombudsman and the Human Resources Director shall make themselves available to the public as may be helpful for further follow up on the inquiry; provided, however, that the Town Manager, the Ombudsman and the Human Resources Director shall provide an acknowledgement but shall not provide substantive responses to such inquiries when doing so would violate a contract or other law and need not so respond when such response would be contrary to the advice of Town Counsel. d.Members of the Select Board may communicate electronically as a quorum on the scheduling, cancellation, and time of meetings. e.Documents may be distributed via email from the Select Board to all members of the Town’s boards, commissions and committees to permit advance review of materials to be discussed at upcoming meetings, provided such distribution does not violate the Open Meeting Law. f.Relative to information potentially of interest to members of the Select Board, the Town Manager shall err on the side of providing that information to all members of the Board on a timely basis either through email or at the next Select Board meeting. Correspondence relative to setting meeting agendas may be limited to the Town Manager and Chair. g.The Town Manager shall respond individually to members of the Select Board who email the Town Manager as individual members, unless the individual Board member requests that the Town Manager provide the information to all members of the Board and such communication does not violate the Open Meeting Law. h.If individual Board members request the Town Manager or Town staff take a particular action and it is unclear whether that request is representative of the will of the Board as a whole, the Town Manager may request the Board provide additional instruction or take a formal vote to indicate their preference or instruction for staff action. 1- Select Board Policies 13 Section revised March 9, 2004 revised June 5, 2007 revised February 16, 2021 1.4.2 – Access to Public Records The Select Board 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 66, Section 10, 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. Section revised December 13, 1994 Revised February 16, 2021 Section 1.5 – Volunteer Board and Committee Appointments The Select Board is responsible for appointing volunteers to Boards and Committees in accordance with Article 4 of the Reading Home Rule Charter, as well as those Boards and Committees created by local Bylaw or Select Board Policy. The Select Board recognizes the following two issues related to the consideration of and appointment to the various Boards and Committees: 1.The amount of time taken in the past for this process by the Select Board and volunteers has been extraordinary and not necessarily productive; and 2.The depth of interviews given time constraints does not allow the full Select Board to do a thorough job of interviewing. The Select Board therefore hereby implements the following process in order to address these two issues: 1.5.1 - Volunteer Appointment Subcommittee (VASC) The Select Board shall appoint members to a two-member VASC at the time that Select Board liaison assignments are established. 1. VASC members shall be appointed for staggered two-year terms so arranged that one term shall expire each year. 2.No member of the Select Board shall serve on the VASC for more than two consecutive terms. Notwithstanding this limitation, the Chair and the Select Board shall consider 1- Select Board Policies 14 appointing a new member who wishes to serve, over an incumbent reapplying for a second term on the VASC. 3.Following their appointment, the VASC shall appoint a Chair and Secretary to serve for one year. 4.Vacancies on the VASC shall be filled promptly by a vote of the Select Board. 5.The meetings of the VASC shall be posted and open to the public. 1.5.2 - Process for Annually Appointing Volunteers to Boards and Committees In order to ensure an orderly, transparent and fair process for annually appointing incumbents and new candidates to Boards and Committees, the following guidelines are established: 1.Beginning on May 1 of each year, the Town Manager’s office shall issue invitations to all incumbent members of Boards and Committees, asking them to indicate their desire for reappointment. Responses shall be due not later than May 15. At the same time, the Town Manager’s office shall cause to have advertised the complete list of full and associate positions, whether currently filled or not, that will be open beginning July 1. 2.Following the expiration of the required number of days for advertising open positions (per Sec. 8.10 of the Reading Home Rule Charter), the VASC Chair and the Town Manager’s office shall schedule a minimum of six meeting dates between May 16 and June 15 for the VASC to hold interviews for these positions, covering as many days of the week (Monday-Thursday) as is practicable. 3.In recognition of the value of maintaining personal relationships between the Select Board and its appointees, it shall be the policy of the VASC to invite all incumbents seeking reappointment to attend one of these interview sessions. 4.In recognition of the Select Board’s desire to involve Board and Committee Chairs in the appointment process, the Town Manager’s office shall notify all Committee Chairs of the six VASC meeting dates. 5.The Town Manager’s office shall issue an email to Board and Committee Chairs not later than 5:00 pm the day of each scheduled VASC meeting, with the complete interview packet for that day’s VASC meeting and requesting the attendance of the affected Committee chairs (or designees). 6.The VASC shall interview any new candidate who is not already an Associate member of that Board or Committee, prior to voting a recommendation on that candidate to the full Select Board. 7.Following the last VASC meeting, the VASC shall transmit to the entire Select Board and to all candidates and Committee Chairs, a slate of recommended candidates for each Board and Committee along with a list of all candidates who had applied for each Board and Committee. A copy of the application form and/or resume for any new candidate shall also be provided to the entire Select Board. 1- Select Board Policies 15 8.The VASC shall present this recommended slate of candidates to the Select Board as a single item on the agenda. Any member of the Select Board may ask for a particular recommendation to be voted on separately. Any person who has been interviewed or recommended by the VASC for a particular position may ask for their particular recommendation to be voted on separately. Any request to remove a name should include a reason. The remaining Board and Committee appointments of the recommended slate shall then be considered and voted on as a single item. 9.Any Board and Committee appointments removed from the consent item will then be scheduled for interview during a later Select Board meeting, and the appointment process to that Board and Committee will be by the full Select Board. 1.5.3 - Process for Filling Vacancies on Boards and Committees during the Year 1.Within five days of learning about a vacancy on a Board or Committee, the Town Manager’s office shall cause to have advertised the complete list of full or associate positions that have become vacant. 2.The Town Manager’s office shall also invite all Associate Members of the affected Board or Commission to apply for any available Full memberships. 3.Following the receipt of all applications and the expiration of the required number of days for advertising (per Sec. 8.10 of the Reading Home Rule Charter), the VASC Chair and Town Manager’s office shall schedule one or more dates for VASC interviews, taking into consideration the schedules of all applicants. 4.The requirements of Sections 1.5.2.4 through 9 shall be applicable to filling vacancies on Boards and Committees during the year. Section revised March 2019 Section 1.6 – Financial Matters 1.6.1 – Acceptance of Gifts and Donations It is the policy of the Select Board to encourage donations and gifts, with the clear understanding that there is no offer on the part of the Town 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 donor’s wishes and applicable law, and to notify the Select Board of any such gifts or donations. The Town Manager shall determine if the gift and donation is consistent with Town plans, needs and resources. If gifts and donations involve equipment, programs or the construction of capital projects, it is important for the Town and the donor to have an agreement in advance of any fundraising 1- Select Board Policies 16 efforts. A written agreement will describe the nature, location, design and details of any such equipment, programs and projects. 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. 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, the Department Head within whose jurisdiction the site or facility falls may accept such donations where: •The value of the donation is $5,000 or less •The item being replaced, maintained, or repaired is consistent with any master plan for the property in question. 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 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. 1.6.2 – Use of Town Staff and Resources for Gifts and Donations In order to achieve other department missions and provide essential services, the Select Board recognizes the need for staff to develop fiscal and other resources to supplement municipal funding. The policy of the Select Board 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. 1- Select Board Policies 17 5.To ensure consistency in communication about fundraising efforts, Boards and Committees 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. 1.6.3 – Authorization for the Town Manager to Sign Grant Applications and Acceptances 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 Select Board authorizes the Town Manager to sign grant applications and acceptances for such grants as have been authorized by the Select Board 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 Select Board waives this requirement. 1.6.4 – Use of Public Funds for Gifts Public funds shall not be expended by any employee, official, Board or Committee of the Town, except the Select Board, for the purchase of food, 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 Select Board members representing the Town may, as they deem fit, expend public funds for the purpose of presenting personnel or members of Boards and Committees, testimony of service in the form of printed, framed documentaries or other forms of appreciation, as the Select Board members shall decide from time to time. The Select Board members 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. 1.6.5 – Use of Public Funds for Professional Development The Select Board 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 1- Select Board Policies 18 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. 1.6.6 – Financial Oversight The Town is committed to complying with and requires its employees (which includes officers, board and committee 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. 1.6.6.1 - 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. 1.6.6.2 - 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 1- Select Board Policies 19 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. 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. 1.6.6.3 - Reporting 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 Chair of the Select Board. 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. 1.6.6.4 - 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. 1- Select Board Policies 20 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 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 Chair of the Audit Committee to discuss the matter, and shall inform the Chair of the Select Board. 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. 1.6.6.5 - 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. 1- Select Board Policies 21 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. 1.6.7 - Purchasing Card Policy Use of purchasing cards will expedite Town and School purchasing and payables 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 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 Reading 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 year 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 purchasing 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. 1- Select Board Policies 22 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. 1.6.8 - Surplus Property The following policy outlines the process to be followed in the disposition of tangible surplus items after the originating department has offered the item(s) for repurposing to other departments within the Town. This policy applies to all items having resale or salvage value regardless of dollar amount. Any property that is determined to be surplus to the Town must be disposed of according to the guidelines of this policy. In order to follow the appropriate steps you must first make a determination of its value. The declared value determines the procedure that must be followed. Surplus items owned by the Town shall be sold, traded or otherwise disposed of upon the written recommendation of the respective Department Head to the Town Manager. The written recommendation shall include a specific description (as much information as possible) of the item to be disposed of including relevant make, model number, serial number, vehicle identification number, etc. The written recommendation must include a justification/reason for the request. Please complete the Surplus Property Form and submit it to the Town Manager. The Town Manager shall review the written recommendation and make an initial determination of its merits. If the surplus goods or equipment have no resale or salvage value, the department shall dispose of such property at the least cost to the town. If the item has a resale or salvage value, the next step is to have the item approved for disposition by the Select Board. After the Surplus Property Form has been approved by the Town Manager follow the steps outlined below: Please submit the “Surplus Property Form” to the Procurement Office. Sufficient information and photographs should be provided to allow for inspection of the surplus item. The form gives the Procurement Office the necessary information to offer the item(s) for auction and disposal. The Procurement Office will require the list and photographs of the items to sell a minimum of 30 calendar days prior to the items needing to be removed from your site. This timeframe allows for advertising requirements and the buyer time to make payment and pick the item up. The originating Department must ensure that all confidential and personal data has been removed prior to the sale, trade or disposal of the item. Value Less Than $10,000 1- Select Board Policies 23 If the surplus property is determined to have resale or salvage value less than $10,000 the property may be disposed of pursuant to one of the procedures set forth below in subsection A, B or C. A.Solicit quotes from at least 3 companies that deal in such property, maintaining a written record of the names and addresses of the companies from which a quote was solicited; or B.Advertise the surplus property for sale on the town website and or on any internet site that offers such property for sale at least 14 calendar days prior to the sale. Any such advertisement shall state the sale date and the terms of the sale, or C.Offer the item no longer useful to the Town to a charitable organization after receiving approval of the Town Manager and the Select Board. To be eligible, the charitable organization must be tax-exempt under section 501(c)(3). Value Greater Than $10,000 If the surplus property is determined to have resale or salvage value greater than $10,000 it must be disposed of in conformance with procedures of Massachusetts General Laws Chapter 30B. This policy shall not apply to the Municipal Light Board or the disposition of old books, magazines, periodicals, recordings and printed materials in the custody of the Board of Library Trustees. Such disposition may be made at the discretion of the Board of Library Trustees. Section revised March 2019 Section 1.7 – Non-discrimination The Town does not discriminate against any person on the basis of race, religion, ethnicity, color, gender, sexual orientation, gender identity, national origin, ancestry, age, marital status, veteran status, or disability, or any other protected status defined by law. Section 1.8 - 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 Select Board. 1- Select Board Policies 24 Section 1.9 – Severability If any provision of this Article shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Article shall be deemed to be affected to the minimum extent necessary, so as to secure the purposes thereof. 1- Select Board Policies 25 draft June 14, 2021 SB member Duration Chair Members *Ranking Carlo Anne Chris Mark Karen DH Community 1 Sustainability FY21-23 Mercier Facilities; Planning; Engineering 1.4 1 1 3 1 1 1.8 2 Seniors FY22 Bohmiller H/E staff (programs); Facilities (bldg)1.2 2 1 1 1 1 1.8 3 Social Justice FY22-23 Lannon all depts 1.6 2 1 3 1 1 2.0 4 Ec Devel: Downtown FY22 Schaeffer Ec Dev team 1.4 1 2 1 2 1 1.3 5 Ec Devel: Expansion FY20-23 Delios Sr. Mgmt. team 1.2 1 2 1 1 1 1.8 Policy 6 Zoning (40R, other)FY22-23 Mercier Planning; Building 2.0 1 3 2 1 3 2.3 7 Charter & General Bylaw updates FY20-22 Kraunelis Town Counsel; Town Clerk 2.2 2 2 3 2 2 2.3 8 Building Security Governance FY22-23 LeLacheur Elected Boards 2.2 2 1 3 2 3 1.6 9 Employee Attraction & Retention FY21-22 Donahue all 8 Town DHs & Town Mgr 1.0 1 1 1 1 1 1.0 Operations 10 Infrastructure FY22 LeLacheur all Town depts 1.8 1 2 2 1 3 1.6 11 Public Information/Access FY22 Kraunelis all Town depts 1.8 2 1 2 2 2 1.6 12 Financial Sustainability FY22 LeLacheur Town & Schools 1.6 1 1 2 1 3 1.1 19.4 17 18 24 16 22 *Ranking highest priority for FY22 1 KH comments: #3 and #9 should be combined; medium priority for FY22 2 #10 except water tower; #12 no override planning needed for FY22 lowest priority for FY22 3 FY22 DRAFT Goals/Town Manager Working Groups Overview: Goals for the next year or more should be viewed as a matrix: individual goals could be shown as they are in the left most columns above; other columns could include 1) funding, as there is a significant amount of one-time pandemic-recovery federal funding; 2) community conversation as many of these goals should reflect the wishes of the community on how to move forward; and 3) community partners, as some of these goals go well beyond the walls of the Town government organization. Below are more details for each draft goal presented above. 1. Sustainability a. Green Communities – much progress, RMLD issue remains b. Performance Contracting phase 2 – choices to be made c. Electric Vehicle Charging stations – work with RMLD ($50k in FY22 budget) d. Implement fuel efficient fleet policy – study future capital plan e. Water Meter replacement project – do sooner to help conserve water f. Improve walkability, for example Downtown-Walker’s Brook corridor g. Purchase 128 Tire parcel – develop a sustainable parklet, adding green space h. Revisit the Northern Area Greenway concept 2. Seniors a. Determine ‘Post-pandemic’ programming b. Evaluate space/building needs ($40k in FY22 budget) c. Community Center concept – is this useful? d. Some buildings identified as ‘swap’ candidates (not ready for public discussion) draft June 14, 2021 Duration Chair Members Community 1 Sustainability FY21-23 Mercier Facilities; Planning; Engineering 2 Seniors FY22 Bohmiller H/E staff (programs); Facilities (bldg) 3 Social Justice FY22-23 Lannon all depts 4 Ec Devel: Downtown FY22 Schaeffer Ec Dev team 5 Ec Devel: Expansion FY20-23 Delios Sr. Mgmt. team Policy 6 Zoning (40R, other)FY22-23 Mercier Planning; Building 7 Charter & General Bylaw updates FY20-22 Kraunelis Town Counsel; Town Clerk 8 Building Security Governance FY22-23 LeLacheur Elected Boards 9 Employee Attraction & Retention FY21-22 Donahue all 8 Town DHs & Town Mgr Operations 10 Infrastructure FY22 LeLacheur all Town depts 11 Public Information/Access FY22 Kraunelis all Town depts 12 Financial Sustainability FY22 LeLacheur Town & Schools FY22 DRAFT Goals/Town Manager Working Groups 3. Social Justice a. Director for Equity & Social Justice funded in Library budget – hiring process b. DESJ – roadmap established by Library c. Determine future for HRAC d. Plan a Community Calendar of Events e. Determine staff/volunteer training and funding needs 4. Downtown a. Business Improvement District (private effort) b. LRRP (state grant) to help business post-pandemic recovery c. PARC – solve the parking situation d. Town staff (Economic Development division) ongoing assistance (many grants) e. Downtown Improvement II project planned – need community feedback f. Underground improvements should be complete in 12-18 months 5. Economic Development outside the Downtown area a. DPW Yard – what other options without Camp Curtis b. Walker’s Brook – lots of opportunity on both sides of the train track without DPW c. Area land owners organized and ready to act d. Tie the Walker’s Brook area to the Downtown – synergy not competition 6. Zoning a. 40R – community look at setbacks & amount of development on parcels b. 40R – increase requirement for commercial space, housing is dominant now c. CPDC has a few minor issues queued up 7. Charter/Bylaw a. Bylaw Committee is nearly done a review of the GBL – next steps TBD b. Charter changes – create a formal list of ideas 8. Building Security Governance a. Board asked us to wait a year ago, and now the project is nearly complete b. School, Library & Town should find some common policy ground c. Camera policy as one example (use, retention, ..) 9. Employee Attraction/Retention a. Revise Personnel Policy b. Employee education of self-service technology options c. Current: initial interview, annual evaluation, exit interview; need more feedback d. Assess competitiveness of Benefits e. Assess competitiveness of Wages f. Succession planning 10. Infrastructure a. Assessment of ‘post pandemic’ parks & fields ($25k in FY21 budget) b. Significant number of Water & Sewer projects on capital plan c. Wall repairs – need to start sooner than shown in capital plan? d. School space needs – support from Town staff e. Town Forest phase II project 11. Public Information/Access a. Website ‘refresh’ planned based on community survey b. Use of website versus social media c. Public self-service education once website is completed d. How to streamline public records requests? e. Assess staffing levels 12. Financial Sustainability a. Review Opportunities (many shown above) for Federal ARPA and other grants b. Evaluate changes needed to underlying Operational Town & School budgets c. Capital Planning – especially longer term, focus on safety & investment d. Assess needs for next Operational Override?