HomeMy WebLinkAbout2024-07-16 Select Board Packet
Town of Reading
Meeting Posting with Agenda
This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed
at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
Page | 1
2018-07-16 LAG Board - Committee - Commission - Council:
Select Board
Date: 2024-07-16 Time: 7:00 PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell Street Agenda:
Purpose: General Business
Meeting Called By: Caitlin Nocella on behalf of the Chair
Notices and agendas are to be posted 48 hours in advance of the meetings excluding
Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk’s hours of
operation and make necessary arrangements to be sure your posting is made in an
adequate amount of time. A listing of topics that the chair reasonably anticipates will be
discussed at the meeting must be on the agenda.
All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted.
Topics of Discussion:
Zoom Option:
Join Zoom Meeting
https://us06web.zoom.us/j/81266670106
Meeting ID: 812 6667 0106
Dial by your location
• +1 646 518 9805 US (New York)
• +1 646 558 8656 US (New York)
Find your local number: https://us06web.zoom.us/u/kc7r0lJmH2
PAGE #
7:00 Overview of Meeting
7:05 Public Comment
7:15 Select Board Liaison and Town Manager Reports
7:30
Executive Session Purpose 3: Discuss potential litigation
pertaining to unpaid police detail invoices and involving
B&E Services; Heyland Development; Champlain
Excavating; and Delphi Construction.
8:00
Executive Session Purpose 3: Discuss strategy with respect
to Catherine Rawson, as Personal Representative of the
Estate of Alan Greenough and Anthony Perrotti v. The Town
of Reading, Officer Drauschke, et. al.
Town of Reading
Meeting Posting with Agenda
This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed
at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
Page | 2
8:30
Discuss and potential vote to waive attorney client privilege
on the legal memo discussing the Killam School Building
Committee dated July 5, 2024
9:00
Hearing - Amendment Number 2024-5; Improve traffic and
pedestrian safety at the intersection of Grove Street and
Franklin Street with an official placement of an isolated stop
sign on Grove Street at the intersection with Franklin Street
4
9:15
Hearing - Amendment Number 2024-6; Article 12.1 to
Enact: Pursuant to Article 5.3: parking on Grove Street shall
be prohibited on the northeasterly side opposite 374 Grove
Street to Strout Avenue along the northerly side only
7
9:30
Discuss Arcadia on-street parking matter – Vine St. Austin
Prep solution (Parking Traffic Transportation Task Force
request)
10
9:45 Ice Arena Update/ Annual Meeting and discuss potentially
amending the lease 11
10:15 Review Code of Ethics and Select Board Policies 29
10:30 Discuss Board Retreat
10:40 Future Agendas Discussion 53
10:45 Approve Meeting Minutes 55
Legal Notice
(Seal)
Town of Reading
To the Inhabitants of the Town of Reading:
Please take notice that the Select Board of the Town of Reading will hold a public
hearing on July 16, 2024 at 7:00 PM in the Select Board Meeting Room at Town Hall, 16 Lowell
Street, Reading, MA or also available remotely on Zoom to act on proposed changes to the
following Traffic and Parking Regulations:
• Amendment Number 2024-5; Improve traffic and pedestrian safety at the
intersection of Grove Street and Franklin Street with an official placement of an
isolated stop sign on Grove Street at the intersection with Franklin Street
• Amendment Number 2024-6; Article 12.1 to Enact: Pursuant to Article 5.3:
parking on Grove Street shall be prohibited on the northeasterly side opposite 374
Grove Street to Strout Avenue along the northerly side only
A copy of the proposed documents regarding this topic will be in the Select Board packet
on the website at www.readingma.gov
All interested parties are invited to attend the hearing in person or remotely via Zoom; or
may submit their comments in writing or by email to townmanager@ci.reading.ma.us
By order of
Matthew A. Kraunelis
Town Manager
To the Chronicle: Please publish on Tuesday, July 9, 2024
Send the bill and tear sheet to: Town Managers Office
16 Lowell Street
Reading, MA 01867
ATTN: Caitlin Nocella
cnocella@ci.reading.ma.us
781-942-9043
Town of Reading
Amendment to the
Traffic and Parking Regulations
____
Amendment Number: 2024-05
Date Filed: July 16, 2024
Filed By: Traffic and Safety Officer Michael S. Scouten
On Behalf of: Parking Traffic Transportation Task Force
Section 1:
Purpose of Amendment – Improve traffic and pedestrian safety at the intersection of Grove
Street and Franklin Street.
Section 2:
Proposed Amendment: Official placement of an isolated stop sign.
Location on Street: Heading Northbound on Grove Street at the intersection with Franklin
Street.
Regulation: Obedience to Isolated Stop Sign.
Pursuant to Article: 6.12.
Section 3:
Effective Date: Upon approval of the Select Board.
This act shall take effect upon its passage and the provisions above shall not expire.
Select Board:
Date Signed:
Town of Reading
Amendment to the
Traffic and Parking Regulations
Certification of Amendment:
The Town Clerk certifies that Amendment Number ____________ above was ____________ by the
Select Board of the Town of Reading through an official vote occurring during a public hearing held on
____________. The Amendment was ____________ through a vote of ____________ in favor and
____________ opposed.
Town Clerk
Town Corporate Seal
Town of Read in g , MA J u ly 1 2 , 2 0 24
Grove at Frankl in
Property In formation
Prop erty ID 043.0-0000-0135.0
Location 0 GRO VE ST
O w n er LGG LLC
M AP FOR REFERENCE O NLY
NO T A LEGAL DO CUM ENT
Town of Reading, MA mak es no claims and no war ranties ,
expres s ed or implied, concerning the v alidity or ac c uracy of
the G IS data pres ented on this map.
Geometry updated 2/22/2023
Data updated 2/22/2023
Prin t m ap sc a le is a pprox imate .
Critic a l la you t or mea sure men t
a ctiv itie s s hou ld n ot b e d o ne u sing
this re sou rce.
1" = 61.04964823079659 ft
Town of Reading
Amendment to the
Traffic and Parking Regulations
Amendment Number: 2024-6
Date Filed: July 16, 2024
Filed By: TSO Michael S. Scouten
On Behalf of: Parking Traffic Transportation Task Force
Section 1:
Purpose of Amendment – Amend of Article 12 Traffic Rules and Regulations - Public Ways
Article 5.3 No Parking Anytime.
Section 2:
Purpose of Amendment – Article 12.1 to Enact: Pursuant to Article 5.3: parking on Grove Street
shall be prohibited on the northeasterly side opposite 374 Grove Street to Strout Avenue
along the northerly side only.
Section 3:
Effective Date:
This act shall take effect upon its passage and the provisions above shall not expire.
Select Board:
Date Signed:
Town of Reading
Amendment to the
Traffic and Parking Regulations
Certification of Amendment:
The Town Clerk certifies that Amendment Number ____________ above was ____________ by the
Select Board of the Town of Reading through an official vote occurring during a public hearing held on
____________. The Amendment was ____________ through a vote of ____________ in favor and
____________ opposed.
Town Clerk
Town Corporate Seal
Town of Read in g , MA J u ly 1 2 , 2 0 24
Property In formation
Prop erty ID 043.0-0000-0136.0
Location 0 GRO VE ST
O w n er TO WN O F READING
M AP FOR REFERENCE O NLY
NO T A LEGAL DO CUM ENT
Town of Reading, MA mak es no claims and no war ranties ,
expres s ed or implied, concerning the v alidity or ac c uracy of
the G IS data pres ented on this map.
Geometry updated 2/22/2023
Data updated 2/22/2023
Prin t m ap sc a le is a pprox imate .
Critic a l la you t or mea sure men t
a ctiv itie s s hou ld n ot b e d o ne u sing
this re sou rce.
1" = 122.08813742006832 ft
Town of Read in g , MA J u ly 1 2 , 2 0 24
Vine at High
Property In formation
Prop erty ID 043.0-0000-0135.0
Location 0 GRO VE ST
O w n er LGG LLC
M AP FOR REFERENCE O NLY
NO T A LEGAL DO CUM ENT
Town of Reading, MA mak es no claims and no war ranties ,
expres s ed or implied, concerning the v alidity or ac c uracy of
the G IS data pres ented on this map.
Geometry updated 2/22/2023
Data updated 2/22/2023
Prin t m ap sc a le is a pprox imate .
Critic a l la you t or mea sure men t
a ctiv itie s s hou ld n ot b e d o ne u sing
this re sou rce.
1" = 244.26685025517375 ft
LEASE AGREEMENT -
OPERATION AND MANAGEMENT OF
THE NELSON S. BURBANK ICE ARENA
This Lease Agreement made by and between the 'TOWN OF READING, a
municipal corporation, with offices at 16 Lowell Street, Reading,
Middlesex. County, MA (the "Town") acting :by and•through its Board of
Selectmen, without personal kiability for any of the.members thereof,
hereinafter the :`Town"), and READING. ICE 'ARENA AUTHORITY, INC., a
corporation duly organized under M.G.L. Chapter 180, with a principal
place of 'business at 51 Symonds Way', Reading, Massachusetts,
hereinafter the "Tenant"). The-words "Town" and "Tenant" shall
include. the parties hereto and their successors and assigns, where the
context so admits.
RECITALS
Whereas, pursuant to M.G.L. c.30B, the.Town issued.a Request for
Proposals entitled "Operation and Management of the Nelson S. Burbank
Ice Arena, 51 Symonds Way, Reading, MA; and
Whereas, the Tenant submitted a Proposal for the lease of the
Nelson S. Burbank Ice Arena dated October 19, 2011; and
Whereas, the Reading Board of Selectmen, being duly authorized
by Article 13 of the April 25, 2011 Annual Town Meeting, voted to
award the lease to the Tenant subject to the terms and conditions set
forth herein;
NOW THEREFORE, in consideration of the full and complete
performance of all terms, covenants, and conditions herein contained to
be performed by the Town and the Tenant, the parties hereto hereby
agree as follows:
1. PREMISES: The Town agrees to lease to the Tenant, and the
Tenant agrees to lease from the Town, a certain parcel of land of
approximately 4.45 acres with the ice skating rink building located
thereon known as the Nelson S. Burbank Ice Arena and other structures
thereon (hereinafter collectively called the Premises) situated at 51
Symonds Way, Reading, Middlesex County, Massachusetts, and being shown
on the sketch attached hereto and marked Exhibit A, together with the
appurtenant right to use Symonds Way, in common with others legally
entitled thereto, for all purposes for which public ways may be used in
the Town of Reading, Massachusetts, including but not limited to
pedestrian, vehicular access as well as utility, water, sewer, electric
and communication connections. The Premises are being leased in their
as is" condition. The Tenant is solely responsible for obtaining
any and all permits, approvals, waivers, releases or any other
requirements for the.future use and occupancy of the Premises.
2. TERM AND EXTENSION: The term of this lease shall be for ten
10) years commencing on February 24, 2013, which is the expiration
date of the current lease as to the Premises. The Tenant may extend
the term of this lease for two (2) successive. terms of ten (10) years
each, provided the Tenant is not then in default of the terms of this
lease, in accordance with the following procedure: The Tenant shall give.
notice to the Town of the Tenant's intention to so extend no less than.
ninety (90) days prior to the expiration of the then current ten-year
lease term. Nevertheless, to avoid inadvertently missing an extension
option notice deadline, if the Tenant has not exercised the option to
extend by such deadline, the Town shall so advise the Tenant of such
fact in writing, and the Tenant shall have 14 days after the receipt
of such reminder from the Town to exercise such right to extend.
3. RENT: The rent to be paid by the Tenant to the Town shall
be calculated and based on the following: First: The gross income
received by the Tenant from its rink operations shall be used first
to pay operating costs and expenses for the rink on the Premises.
Second: The remaining income shall be used to establish and replenish
a cash contingency reserve to be held by the Tenant. The cash
contingency reserve shall be established for the purpose of covering
significant repairs, capital costs and replacement and contingency
costs and non-insured losses or liabilities. The contingency reserve
shall not exceed $300,000 at any given moment without permission from
the Board of Selectmen. Nevertheless, the $300,000 cap shall increase
to reflect increases in the consumer price index using the Boston
Area CPI-U, from the date of this lease. Third: Income then
remaining shall be paid to the Town, as rent. Amounts due to the Town
shall be paid annually on or before March 15.
Gross income includes income from rink operations, such as ice
rentals, the sale of merchandise, food, beverages, services, gift
certificates or merchandise certificates, and all other receipts from
activities conducted at the Premises, including all deposits not
refundable to purchasers, receipts of sales through any vending machines
or other coin or token operated device and rental paid by any subtenant or
otherwise at, in, on about or from the Premises. Gross income shall not,
however, include any sums collected and remitted for any retail sales tax
or retail excise tax imposed by any duly constituted governmental authority
and separately stated, or local cptios nBals tax, nor shall they include any
exchange of goods or merchandise, nor the amount of any cash or credit
refund made upon any sale where the merchandise sold, or some part thereof,
is thereafter returned by the purchaser. and accepted by Tenant, nor
shall they include any donations or -gifts made to the Tenant. Calculation
of gross income shall be on a cash basis, not on an accrual basis.
Operating expenses include but are not limited to labor and
management costs, insurance premiums and deductibles, utilities,
maintenance, repairs, replacements, taxes, interest payments, promotion
and advertising, r e f u n d s and c r e d i t s, security, rentals, supplies,
service contracts, settlement payments, landscaping, plowing, custodial
services, professional and consulting services and fees, banking services
and communication services.
The Tenant shall provide the Town with an annual income and
expense statement as to the Tenant's operation for the year, which
statement shall be provided within 120 days after the end of each of
Tenant's fiscal years. The Town has the right to audit the books and
financial records of Tenant annually, at the Town's expense. The Tenant
shall keep its financial records in accordance with generally accepted
accounting practices, consistently applied.
4. UTILITIES: The Tenant shall pay, as they become due, all bills
for electricity, water and sewerage and any other utilities that are
furnished to the Premises.
5. USES: The Premises shall be used only for an ice skating
rink arena for ice skating and related activities and for accessory
uses, including a snack bar and skate shop incidental to the primary
use of ice skating and for such additional uses as may be allowed by
the Board of Selectmen.
6. INSURANCE: The Tenant shall, at its own expense and as part
of operating expenses, maintain public liability and property damage
insurance covering the Premises, insuring the Tenant and the Town
against any and all loss or claims arising out of the Tenant's use of
the Premises and all operations of the Tenant, wherever located,
including the skating rink, parking area and access ways, and all
other facilities or areas used by the Tenant under the lease
agreement, or from any act or omission of the Tenant, its agents,
servants, employees, or permittees. Tenant shall obtain and maintain
during the lease term the following insurance:
6.1 Fire Insurance: Tenant shall obtain and maintain fire and
other casualty insurance on the Premises in responsible insurance companies
qualified to do business in the Commonwealth of Massachusetts and in good
standing therein. Such insurance shall be for at least eighty (800)
percent of the replacement cost (less depreciation) of the arena building
on the Premises.
6.2 Liability Insurance: Tenant shall obtain and maintain with
respect to the Premises and any activity or uses thereof, comprehensive
public liability insurance in the amount of not less than One Million
Dollars ($1,000,000)per occurrence with a general aggregate limit of
not less than $2,000,000. Combined single limit for each occurrence and in
the aggregate in companies insuring the Town as an additional insured as
well as the Tenant against injury to persons or damage to property as
provided. The Tenant shall deposit with certificates of such liability
insurance with the Town prior to commencement of the lease term. Such
insurance or certificate shall provide that such policy shall not be
cancelled without at least ten (10) days prior written notice to the Town.
6.3 Umbrella Liability: The Tenant shall obtain and
maintain an Umbrella Liability policy of insurance with limits of
2,000,000 Occurrence/$2,000,000 Aggregate, and the Umbrella
Liability policy shall name the Town of Reading as an additional
insured.
6.4 Worker's Compensation Insurance: The Tenant shall
obtain and maintain such worker's compensation insurance on its
employees as is required by law.
6.5 Proceeds: Insurance proceeds paid as a result of a
casualty or damage to the Premises shall be used for rebuilding or
replacing such improvements on the Premises unless the Town and Tenant
agree to the contrary.
7. MAINTENANCE AND REPAIR: The Tenant will be responsible for
all regular and routine maintenance of the Premises, the parking
areas, on-site accessways, drainage systems and on-site utilities and
will keep the building and all appurtenances in good repair, damage
by fire and other casualty only excepted. The Tenant will be
responsible for custodial maintenance of the Premises. Symonds Way is
a public way which the Town shall continue to maintain and to snow
plow.
8. IMPROVEMENTS: The Tenant may make improvements and
alterations to the Premises, provided all required permits and
approvals are obtained to do so and all such work shall be done in
accordance with applicable codes and are done in a good and
workmanlike manner. All improvements and alterations shall meet the
construction and design standards of the State Building Code, all
other applicable laws and the Americans with Disabilities Act.
All improvements made
property and title thereto
shall not apply to the per
permanently affixed to the
building permit shall have
Town Manager.
to the Premises shall become part of the
shall pass to the Town. This provision
sonal property of the Tenant that are not
Premises. Improvements requiring a
the prior approval of the Town through the
9. UTILITIES: The Tenant will be responsible for the payment
of all utility costs,
10. QUIET ENJOYMENT: The Tenant shall have the right of quiet
enjoyment of the Premises during the lease term and extensions.
11. NO DISCRIMINATION: The Tenant shall not unlawfully
discriminate against any person on the basis of sex, sexual
orientation, age, race, national origin, or religion.
12. STORAGE: The Tenant shall provide storage for Reading Youth
Hockey, Reading Youth Baseball and Reading Senior Baseball,
consistent with past practices and to the extent there are available
storage areas.
13. PREFERENTIAL ACCESS: The Tenant shall provide preferential
access to the arena to the Reading High School Boys and Girls Varsity
Hockey Teams at reasonable times, and at a reasonable price as it has
done in the past. The tenant shall provide dedicated locker room
space for the Reading High School Boys and Girls Hockey Teams.
14. COMMUNITY OUTREACH: The Tenant shall be responsible for all
advertising and public outreach activities associated with the
Premises.
15. ASSIGNMENT: The Tenant shall not assign, transfer, sublet,
convey or otherwise dispose of the whole or any part of the Premises
other than the right to sublet or consign a skating shop and snack bar)
to any other person, firm, partnership, company or corporation
without the previous consent in writing of the Town. Said consent is
to be entirely at Town's sole discretion. Notwithstanding such consent,
Tenant shall remain liable at all times to Town for the full performance of
the covenants and conditions of this Lease. Should the Tenant attempt
any of the above without written consent of the Town, the Town
reserves the right to declare the Tenant in default and terminate the
lease for cause.
16. TOWN'S ACCESS: The Town or duly authorized agents of the Town
may, at reasonable times and upon written request (which may be done via
fax or email) , enter to inspect, test and view the Premises and may do so
without any hindrance or nolestaticn by the Tenant.
17. INDEMNIFICATION AND LIABILITY: The Tenant shall save the Town
harmless from all loss and damage occasioned by Tenant's use and occupancy
of the Premises, from the use, escape, release or discharge of water or by
the bursting of pipes, as well as from any claim or damage resulting from
release or disposal of hazardous or noxious materials hereafter by Tenant or
from neglect in not removing snow and ice from the arena, parking areas and
the sidewalks on the Premises, or by any nuisance made or suffered on the
Premises by the Tenant or its invitees, agents, servants or employees,
unless such loss is caused either by (a) the neglect or wrongful conduct of
the Town or its agents, servants or employees or (b) any person using the
Premises for access to the remaining land of the Town. Tenant further
indemnifies, exonerates and agrees to hold Town harmless from and against
any loss, damage, liability or expense, including reasonable attorneys'
fees, to which the Town may be subjected or incur by virtue of the default
of the Tenant under this lease. Town indemnifies, exonerates and agrees
to hold Tenant harmless from and against any loss, damage, liability or
expense, including reasonable attorneys' fees, to which the Tenant may be
subjected or incur by virtue of the default of the Town under this lease.
18. _-DEFAULT AND BANKRUPTCY: In the event the Tenant shall default
in the payment of any installment of rent or other sum or payment herein
specified and such default shall continue for thirty (30) days after
written notice thereof; or the Tenant shall default in the observance or
performance of any of Tenant's covenants, agreements or obligations
hereunder and such default shall not be corrected within sixty (60) days
after written notice thereof from the Town to the Tenant; or The Tenant
shall be declared bankrupt or insolvent according to law, or, if any
assignment shall be made of Tenant's property for the benefit of creditors,
then the Town shall have the right thereafter, while such default continues,
to declare the terms of this lease ended, and to proceed with a summary
process action, without prejudice to any other lawful remedies which might
be otherwise used for arrearages of rent or other defaults. The Tenant
shall indemnify the Town against all loss of rent and other payments which
the Town may incur by reason of such termination during the residue of the
term. If the Tenant shall default, after reasonable notice thereof, in the
observance or performance of any conditions or covenants on Tenant's part to
be observed or performed under or by virtue of any of the provisions in
any article of this lease, the Town, without being under any obligation to
do so and without thereby waiving such default, may cure such default for
the account and at the expense of the Tenant. If the Town makes any
expenditures or incurs any obligations for payment of money in connection
therewith, including but not limited to, reasonable attorney's fees in
instituting, prosecuting or defending any action or proceeding, such sums
paid or obligations insured, with interest at the prime rate as published
in the Wall Street Journal plus three points as additional rent.
19. NOTICE: Any notice from one party to the other shall be either
mailed via U.S. certified mail, return receipt requested, or delivered to
an officer at the following places:
If to Town: Town Manager, Town of Reading, Town Hall, 16 Lowell
Street, Reading, Massachusetts, 01867 with a copy to the Reading Town Counsel
at its office at the time the notice is given.
If to Tenant: William J. Jennings, President, Reading Ice Arena
Authority, Inc., 64 Haverhill Street, Reading, Massachusetts 01867,
with copies to the Rink Manager, 51 Symonds Way, Reading, MA
01867 and to Latham Law Office LLC, 643 Main Street, Reading,
Massachusetts 01867.
The place to which notice shall be given may be changed by either
party upon written notice to the other party and shall be effective
when the change of address is so mailed via certified mail, return
receipt requested.
20. SURRENDER: At the expiration or the termination of this lease,
the Tenant shall leave all improvements made upon the Premises in
accordance with Paragraph 8 hereof, including but not limited to buildings,
cooling equipment and ice maintenance equipment, (not including ice
resurfacer) all of which become the property of Town. The Tenant shall
deliver to the Town the Premises and all keys, locks thereto, and other
fixtures connected therewith and all alterations and additions made to or
upon the Premises, in good condition, damage by fire or other casualty only
accepted. In the event of the Tenant's failure to remove any of Tenant's
property which should be removed from the Premises, Town is hereby
authorized, without liability to Tenant for loss or damage.
21. SIGNAGE: Tenant may maintain and replace the existing sign
on the building and may place directional signs and signs on the
southbound and northbound sides of Haverhill Street which signs shall
be of the same size as the traffic signs to admonish traffic that it
is approaching the accessway to the Premises. The location and size
of new non-directional signs must be in accordance with the Reading
Zoning Bylaw.
22. NOTICE OF SSE: At the time of the signing of this lease, the
Town and Tenant shall sign a notice of lease in recordable form sufficient
to satisfy the lease notice requirements of M.G.L. Chapter 183, §4, which
notice shall be recorded at the Middlesex South District Registry of Deeds
by the Tenant. Recording information shall be provided to the Town.
23. ENVIRONMENTAL MATTERS: The Tenant shall not discharge or
release oil, hazardous substances on the Premises. The Tenant shall
indemnify and hold the Town harmless from and against all loss, cost,
expense and liability for personal injury or property damage, including
reasonable costs, including, without limitation, reasonable attorneys'
fees, arising from or relating to any oil, hazardous waste, or hazardous
substances collected, transported, stored, disposed of, treated, used,
generated or released on or from the Premises by Tenant or its assignees,
subtenants, business invitees or licensees. Town shall indemnify and hold
Tenant harmless from and against all loss, cost, expense and liability for
personal injury or property damage, including, without limitation,
reasonable attorneys' fees, arising from or related to any oil, hazardous
substances or underground storage tanks at the Premises, only to the extent
existing prior to commencement of the term of the prior lease between
the Town and Tenant. The provisions of this section shall survive
termination or expiration of this lease.
24. NO WAIVER: No consent, forbearance, delay or waiver, expressed
or implied, by either party to or of any breach of any covenant, condition
or duty of the other party shall be construed as a consent or waiver to or
of any other breach of the same or any other covenant, condition or duty.
25. HOLDING OVER: In the event that Tenant remains in possession of
the Premises after the expiration or termination of this lease or any
extension thereof and without execution of a new lease, Tenant shall be
deemed to be occupying the Premises without authority as a tenant at
sufferance and no new tenancy shall be created and Tenant shall be liable
to Town for all loss damage and expense which Town may incur.
26. GOVERNING LAWS: This lease shall be governed by, construed and
enforced in accordance with the laws of the Commonwealth of Massachusetts.
27. CAPTIONS: It is agreed that the captions and titles in this
lease are fr- convenience only and are not part of t[is lease and do not in
any way limit or amplify the terms and provisions of this lease.
28. PARTIES BOUND AND BENEFITTED: All rights and liabilities
herein given to, or imposed upon either of the parties hereto, shall
extend to the successors and assigns of such party. The persons signing
this lease on behalf of the Town do so in their capacity as Selectmen of
the Town of Reading, Massachusetts, and are not bound individually and
their personal estates are not bound or liable hereunder. The persons
signing on behalf of the Tenant do so in their corporate capacity and
neither they, nor the Board of Directors of Tenant or any other officers or
agents of Tenant are bound individually and their personal estates are not
bound or liable hereunder.
29. OPERATIONS: The following provisions shall be adhered to by
the Tenant and at the Tenant's expense as to the operation of the skating
arena on the Premises:
29.1 Hours: The slating arena shall not be opened for use
between the hours of 12:01 a.m. and 6:00 a.m. without the consent of the
Board of Selectmen.
29.2 Indoor Air Quality: Tenant shall maintain in the arena
building an operating device to monitor the inside air quality. The
Reading Board of Health may inspect -the device and the air quality from
time to time.
29.3 Security: The Tenant shall provide adequate security for
major o,~~ in the Prarises to assure good order in the Premises.
29.4 Clean-Up: The interior as well as the exterior of the
building shall be kept in a clean and attractive condition.
29.5 Trash: Tenant shall be responsible for proper trash
removal and disposal. The Tenant is encouraged to implement a
materials recycling program.
29.6 Alcohol: No alcoholic beverages shall be stored, served or
consumed at the Premises without the permission of and proper licensing
by the Town.
29.7 General Operation: The arena shall be run in a
professional manner. No activities shall be allowed to take place on the
Premises which would be contrary to law.
29.8 Parking: Tenant is responsible to see that there is
adequate parking on the Premises.
29.9 General Skating: The Tenant is aware of interest in
public skating and Town's support for public skating. The Tenant will
consider that desire for public skating in its scheduling of various uses
of the arena.
30. DISCLOSURE STATEMENT: To the extent required by law, Tenant
shall file a proper disclosure statement with the Deputy Commissioner of
Capital Planning and Operation of the Commonwealth of Massachusetts in
accordance with M.G.L. Chapter 7, §40J.
31. WELL: The Tenant may drill and use a well on the Premises for
all or some of Tenant's water needs provided that the well and use of that
well conforms to all local, state and federal laws and regulations. The
water from such well shall not be introduced into the Town of Reading sewer
system, except with the permission of the Town. Plumbing involving well
water shall not be connected to the Town of Reading water supply system.
32. ENCUMBRANCES: Tenant shall not permit any mortgages, Uniform
Commercial Code/financing statements, mechanics' liens or other liens to be
placed upon Town's interest in the Premises without the consent of the
Board of Selectmen. In the event any involuntary liens are placed on
the Tenant's interest in the Premises or improvements, Tenant shall cause
such lien to be released of record forthwith and without cost to Town.
33. SEVERABILITY: If any provision of this Lease or portion of
such provision or the application thereof to any person or circumstances
is held invalid, the remainder of this lease (or the remainder of such
provision) and the application thereof to other persons or circumstances
shall not be affected thereby.
34. COMMUNICATION: A designated representative of the Tenant and
the Town shall meet no less frequently than annually to discuss arena
operations as may be requested by the Town.
35. FORCE MAJEURE: A party shall not be in default under this
Lease if that party's non-performance results from or arises out of
strikes, lockouts, labor shortages, weather, material shortages, emergency
action, civil commotion, fire, litigation, casualty, or any cause beyond
the reasonable control of that party.
36. GOOD FAITH: Each party shall exercise good faith and fair
dealings in this lease relationship. Wherever Town's approval, consent
and/or agreement is required, such approval, consent or agreement shall not
be unreasonably withheld, conditioned or delayed.
In Witness Whereof, the parties hereto have caused this Lease
Agreement to be signed and sealed by their duly appointed and
authorized agents on ~e'C'Z-..6e_0_20 2011.
TOWN OF READING, MASSACHUSETTS
BOARD OF SELECTME
ami e W. Ant ony, Ch i
Vice-Chair
James E. Bonazoli
0 - -
Richard W. Schubert
READING ICE ARENA AUTHORITY, INC.
By:__
William J.iJenni 19 s, President
EXHIBIT A
Plan Showing Leased Area
i
I ! l ui I
i
awfi II a i l
x w
z F h. 16e
y
W W Ni h W U J S 4 Ni O" N h I i 6 .3
tl4 1~ ~ ~
4 /
s . n a,
kid I
All
INA
All 040
cr)
3 7
m
AV,
4 \
Q101 c
7 w f
t'~
3
a~ p~~04 04 '355'A6E,
t
4
k a n I
za4 el=
i
NOTICE OF LEASE
In accordance with the provisions of M.G.L. Chapter 183, §4, as amended, notice
is hereby given of the following described lease:
Lessor: TOWN OF READING, MA
Lessee: READING ICE ARENA AUTHORITY, INC.
Date of Execution
of Lease: bfc4v%,,6PQ, 1-0 , 2011
Description of
Leased Premises: The Nelson S. Burbank Ice Arena ("Burbank Arena") is located at
51 Symonds Way and is owned by the Town of Reading. The
Burbank Arena was constructed on Town owned land and gifted to
the Town by Nelson S. Burbank. The Burbank Arena is a one
story structure consisting of 33,600 s.f., more or less, and located
on approximately 4.45 acres of land. The Town's title reference is
to a deed recorded with the Middlesex South Registry of Deeds in
Book 11189, Page 431.
Term of Lease: Ten (10) years commencing on March 8, 2013.
The current lease for the Burbank Arena will expire
on March 8, 2013.
Rights of Extension: Two additional Ten (10) year terms.
Option to Purchase: None.
If the lease is terminated, Lessor is authorized to record a Notice of Termination
of Lease with the Middlesex South Registry of Deeds, and the Notice of Termination of
Lease shall be conclusive evidence of the termination of the Lease.
Witness the execution hereof under seal this day of December 2011,
by the Town of Reading, Massachusetts, acting by and through its Board of Selectmen,
duly authorized by Article 13 of the April 25, 2011 Annual Town Meeting.
LESSOR:
TOWN OF READING
By its BOARD OF SELECTMEN
C i e thony, Chair
S hen ldy
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
On this .0a~day of fl~'c¢.-bet , 2011 before me, the undersigned
notary public, personally appeared CA I" r lie- Ar-, 74 bn?4 ,
if i G1,.4 A4 S'ah,' IkkA ' proved to me
through satisfactory evidence of identification, which was a photographic identification
with signature issued by a federal or state governmental agency, to be the persons whose
names are signed on the preceding or attached document or being personally known to
me, acknowledged to me that they signed it voluntarily for its stated purpose in their
capacity as a member of the Reading Board of Selectmen.
Notary Public
My commission expires
v a ,e , 6 11, 2 a ~ 3
2
Richard W. Schubert
Witness the execution hereof under seal this day of December
2011, by the Reading Ice Arena Authority, Inc., by William J. Jennings, its President,
duly authorized by vote of its Board of Directors.
LESSOR:
COMMONWEALTH OF MASSACHUSETTS
County of Middlesex
On this ~ day of riLr.~++11/~, 2011 before me, the undersigned notary
public, personally appeared William J. Jennings, as President of Reading Ice Arena
Authority, Inc., proved to me through satisfactory evidence of identification, which was a
photographic identification with signature issued by a federal or state governmental
agency, to be the person whose name is signed on the preceding or attached document,
acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of
Reading Ice Arena Authority, Inc.
4Notary Public
My commission expires
O. BRADLEY IA~HAR.;"
Notary Public
COMMONWEALTH OF MASSACHUMTU
My Commission Expires
Auc~us124, 20is
3
READING ICE ARENA AUTHORITY, INC.
1-1 Select Board Policies
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
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 - SecretaryThe 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.
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.
1-2 Select Board Policies
5. Until a revised Communication Policy is enacted, the Secretary will respond to all
correspondence received within 48 hours, acknowledging receipt. The
correspondence will be done in the role of Secretary and not as an individual
member.
1.1.5 - Liaisons
Thepurposeof establishingSelect BoardLiaisons tothevarious Town Departments/Divisions and
toBoardsandCommitteesistomaintaingoodcommunicationandeffectiveworkingrelationships.
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
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
1-3 Select Board Policies
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
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.
9. Executive Session
The regularly scheduled meetings of the Select Board shall be limitedby 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.
1.2.4 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.
1-4 Select Board Policies
When recognized by the Chair, the speaker will (1) address only the Chair and (2) speak for only
the time allocated by the Chair.
Section Revised April 2023
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
ExecutiveSession.TheTownManagerwillreviewall approvedminutesstillinconfidentialstatus,
andwillreleaseforpublicationthosesegmentsthat neednotbeconfidential anylonger.Thisaction
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.
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
participatingintheSelectBoarddeliberations. Membersofthepublicwhohaveafinancialinterest
inanymatterthat comes before theSelect Boardforconsideration and any personwhoseemployer
has such an interest are encouraged to disclose such interest or interests before speaking on such
matter.
1-5 Select Board Policies
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
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;
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
1-6 Select Board Policies
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
oftheCommonwealthofMassachusetts,andsuchadditionalpowersanddutiesasmaybeprovided
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 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
performance.
1-7 Select Board Policies
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
https://www.readingma.gov/administrative-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 Said review and evaluation shall be based on the goals
andobjectives 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
Townand 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 reducedto 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 theevents that have occurred during the year.
Per a recent court case, the method of collection of material used in the Town
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
Thefollowing guidelines and timetable arehereby established forsetting annual and
multi-year goals for the Town Manager:
Prior to the end of the calendar year, the Town Manager shall submit in writing to the
needs and priorities; provided, however, where a new Town Manager is appointed, the
Town Manager shall submit said goals within sixty (60) days of appointment and such
goals shall be effective from the date of Select Board approval through February 14.
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
-goal to be
measured.
These draft goals should be accompanied by a set of metrics suggested by the Town
Manager by which the Select Board can measure progress toward the accomplishment
of each goal.
The goals shall generally be attainable within the time limits specified and within the
1-8 Select Board Policies
annual operating and capital budgets and appropriations provided by the Town and the
events that have occurred during the year.
The Select Board shall discuss, modify, and approve the Town goals by
February 14, to be effective February 14 through February 13, annually.
If a situation arises where the Town Manager or Select Board decide that the approved
goals for the current year need to be modified or re-prioritized,
The Select Board Chair will first meet with the Town Manager to discuss
therevisions
The Town Manager will revise the goals and re-present them to the Select
Boardfor their approval within thirty (30) calendar days of the initial meeting
with the Select Board Chair.
Section revised February 1, 2022
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
Development and Periodic Review of the Annual Evaluation Form
The Board shall annually review and evaluate the Town Manager no later than
February 14 of each year.
Library Director, and at least five direct reports to be designated by the Select Board, at
least three of whom are Department Heads. The Select Board members shall also
submit evaluation forms. These forms shall be submitted to a staff member, designated
by the Select Board, or the Chair, and compiled into a composite evaluation. The
composite evaluation shall be a public record. The Town Manager shall have an
opportunity to discuss the evaluation and the results of the assessment with the Select
Board.
The Town Manager to shall submit a self-evaluation on a form provided by the Select
Board as part of the evaluation process.
The Board may assign the process review 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:
Evaluation of progress toward meeting goals
Setting and measuring of core competencies
Measuring achievement of daily responsibilities
Highlighting areas of
1-9 Select Board Policies
Communication During the Year
The Town Manager shall review progress made toward achieving the goals with the
SelectBoard at least once every three months
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.
First Year Review
The Board may adopt a more robust review process, including but not limited to more
frequent evaluations, to be followed in the first twelve (12) months of a Town Manager
who is new to the position in the Town of Reading. Such process shall be included in the
End of Year Review
EachBoardmembershall completeandsubmit the approved evaluation form to
designatedstaff member no later than January 15.
Individual Board members should keep their 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
performance only for the period of time they have been Select Board
members.
The designated staff member will collate the individual submissions into a composite
document that will be used in the evaluation.
The Town self-review is alsodue not later than January 15.
During public meetings held to discuss the composite evaluation, the Board should
focus on common themes present in the composite evaluation.
IfamajorityofBoardmembersagreethatremedial actionisrequiredbythe Town
Managerin any area, the Board and the Town Manager will develop a separate plan of
action and may incorporate any required actions into the Town that are
being set forthe current Fiscal Year, in accordance with the timetable specified in Sec.
1.3.3.2.
Section revised February 1, 2022
1.3.3.4 Personnel File
A copy of the annual or multiyear goals, the individual evaluation and composite
evaluation forms, and the self-
personnel file.
Any progress reports or modifications to annual or multiyear goals shall be maintained
in the Town
Section revised February 1, 2022
1-10 Select Board Policies
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 OperationsThe 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. Besupportiveofagoodworkingrelationshipbetweenmanagementandemployees.
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
1-11 Select Board Policies
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.
5.
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.
All correspondence will be handled in the following manner:
a. Electronic correspondence sent to the whole Select Board shall be included in the
meeting packet
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 involving privileged legal
material shall be excluded from the meeting packet. A 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. Non-electronic correspondence sent to the whole Select Board 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 also be subject to the terms
of subsection a, above.
1-12 Select Board Policies
c.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.
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
shall be advised that the Requests for action shall
appear in the next avail
appropriate.
d. 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.
e. 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
Such record shall contain the name, request, and status of response, which shall be
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.
f. Members of the Select Board may communicate electronically as a quorum on the
scheduling, cancellation, and time of meetings.
g. Documents may be distributed via email from the Select Board to all members of the
T
to be discussed at upcoming meetings, provided such distribution does not violate the
Open Meeting Law.
h. 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.
1-13 Select Board Policies
Correspondence relative to setting meeting agendas may be limited to the Town
Manager and Chair.
i. 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.
j. 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.
Section revised March 9, 2004
revised June 5, 2007
revised February 16, 2021
revised August 10, 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
TheSelect Boardis responsibleforappointingvolunteers toBoards andCommittees 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.
1-14 Select Board Policies
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 forstaggered 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
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
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
e 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 R
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 manydays 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 t
six VASC meeting dates.
5.irs not later
than5:00pmthedayofeachscheduledVASCmeeting,withthecompleteinterviewpacket
chairs (or designees).
1-15 Select Board Policies
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.
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
positions that have become vacant.
2.
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
e 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
1-16 Select Board Policies
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 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
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
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.
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
1-17 Select Board Policies
services, enforcement of laws or regulations or any other considerations by the
Town.
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
tohavespouses and/orfamilies attendconventionsorseminars with them. Theintent ofthis policy
is not to prohibit or discourage such attendance but to provide that, to the extent such attendance
creates an expense over and above the expense of the employee or official attending such seminar
or conference, that the employee or official will personally bear that additional expense. It is not
1-18 Select Board Policies
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,
boardandcommitteemembers andotherpersons actingonits behalf)tocomplywithallapplicable
Town policies, State and Federal Laws and regulations and internal accounting controls. The
TownofReadingwill investigateanyreport of fraudulent acts orrelatedmisuse ofTownresources
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
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.
1-19 Select Board Policies
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
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
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
It is the policy of the Town that anyone who reports
a violation may make such report confidentially and offsite.
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.
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
1-20 Select Board Policies
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.
It is recognized that management investigating the incident may share information with
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.
1-21 Select Board Policies
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.
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.
1-22 Select Board Policies
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:
P 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
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.
1-23 Select Board Policies
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.
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.
August 20, 2024 Tuesday
Overview of Meeting
Public Comment
Select Board Liaison and Town
Manager Reports
Discuss Trash contract with Republic /
barrel update
Discuss multi-unit water rate solution
and second meters
Discuss Kiosk Implementation/ Update
Close warrant for State Primary
Discuss moving Town Election
Update on ARPA Funds
ReCalc Update
Executive Session: Custodians Union
Contract
September 10, 2024 STATE PRIMARY
September 17, 2024 Tuesday
Close Subsequent Town Meeting
Warrant
Haven Streetscape Discussion MacNichol & Percival
Preview/Discuss Tax Classification
October 8, 2024 Tuesday
Close Warrant for State Election
October 29, 2024 Tuesday
Hearing Tax Classification
November 5, 2024 STATE ELECTION
November 12, 2024 SUBSEQUENT TOWN MEETING
November 14, 2024 SUBSEQUENT TOWN MEETING
November 18, 2024 SUBSEQUENT TOWN MEETING
November 19, 2024 Tuesday
November 21, 2024 SUBSEQUENT TOWN MEETING
December 3, 2024 Tuesday
Vote to approve Annual Liquor
Licenses
December 4, 2024 Wednesday
Department Budget Presentations
December 10, 2024 Tuesday
Department Budget Presentations
Recurring Agenda Items
Close Warrant: Annual Town
Meeting March
Close Warrant: Subsequent Town
Meeting September
Appoint Town Accountant March Annual
HEARING
Approve Classification &
Compensation May Annual
Appointments of Boards &
Committees May/June Annual
HEARING Approve Tax Classification October Annual
Approve Licenses December Annual
Arbor Day Proclamation April Annual
Liaison: RCTV members Report Annual
Liaison: CAB (RMLD) member
Report Annual
Liaison: MAPC member Report Annual
Liaison: Reading Housing Authority
Report Annual
Liaison: Reading Ice Arena Report Annual
Town Accountant Report Qtrly
Economic Development Director Semi-ann
Parking/Traffic/Transportation
Task Force (PTTTF)
Town Board & Committee visits
Town Department visits
Review Select Board Goals
Review Town Manager Goals February/March
Select Board Draft Minutes
June 4, 2024
Members Present: Carlo Bacci, Karen Herrick via Zoom, Chris Haley, Mark Dockser, Melissa
Murphy
Bacci called the meeting to order at 6:30 PM.
Haley moved to go into Executive Session under purpose 1 to discuss and potentially
respond to an Open Meeting Law Complaint filed by Daniel Dewar, dated May 17,
2024, to invite Ivria Fried and Emily Meehan from Town Counsel’s office, Town Manager
Matt Kraunelis and Executive Assistant Caitlin Nocella and resident Mark Delaney, into
the Executive Session and to return to Open Session to continue discussion on this topic
and to continue on with the rest of the meeting. The motion was seconded by Dockser.
The board had the following discussion about the motion. Herrick asked why Delaney is
being invited into the board’s private executive session and asked if they are even allowed to
do that.
Counsel Ivria Fried explained legally, they can invite whoever they want into executive
session, however, it is atypical. She also explained if they invite a resident into executive
session, attorney client privilege will not apply, and the minutes will be public.
Herrick then suggested doing this in open session then if the minutes will be public anyway
there is no point in going into executive session.
Bacci noted he invited Delaney to attend because the open meeting law complaint directly
references him, and he thought it would be helpful to have his side of the story.
Herrick noted the board has never invited residents into executive session before and asked
why are we starting now.
The board took a vote on the motion to go into executive session with Delaney and the
motion passed with the following roll call vote: Dockser – no; Murphy – yes; Haley – yes;
Herrick – abstained; Bacci – yes.
The board returned to open session at 8:16 PM.
Public Comment
John Lippitt feels Bacci and Haley are making this political by attacking Dockser and now
Herrick.
Kathy Zeek is asking the Select Board to fix the water and sewer billing rates for multifamily
buildings.
Angela Binda feels Haley needs to apologize to Dockser for accusing him of blackmail.
John Sasso noted his letter to the editor was affected by the recent time stamp manipulation
accusations on the Reading Post. He noted it seems to be only certain letters being affected
and the Select Board should look into this.
Liaison Reports
Herrick attended the Pride Celebration on Saturday, and it was wonderful. Killam leadership
team continues to meet to build the sustainability team. They are expecting answers back
from the MSBA on their recent submission. VASC met yesterday to start their annual renewals.
Haley wanted to make it clear he did not accuse Dockser of blackmail. He attended the Pride
celebration as well and the POST 1917 ribbon cutting earlier today.
Melissa Murphy attended the Board of Health hearing for the tobacco ban and noted it was
well attended. She is on VASC with Herrick, and they are getting started on interviews. She
attended the POST 1917 ribbon cutting today.
Dockser noted ReCalc is meeting regularly to put together a preview of all the work they have
done. They want the PBC to accept the project and as of last night they did.
Bacci attended the Board of Health hearing, and they will be voting on that at a future
meeting. The financial forum was great and robust. The three major topics covered were
Killam School, senior center and CPA.
Town Manager Report
Kraunelis noted he attended all the Memorial Day Celebrations and thanked all the staff and
everyone who helped with that event. HE also attended the POST 1917 ribbon cutting earlier.
The ribbon cutting set for the Grove Street lot is set for 1pm on the 13th. Friends and Family
Day is this Saturday, come on down. Olivia Knightly, our new Town Planner started this week,
and our new Assistant Town Manager Jayne Wellman is in the audience tonight. She has been
with the town for 8 years now, so she is not new to the Town and we’re very excited to have
her in this new role.
Hearing – Safety Amendment 2024-3
Lt. Jones noted this request came through PTTTF (Parking Traffic Transportation Task Force).
They are requesting to prohibit overnight parking of heavy or commercial vehicles weighing
over 10,000 lbs on any public way or public parking lot between the hours of 10 PM – 6 AM.
Exceptions to this regulation for commercial vehicles and equipment are only for temporary
parking for any vehicle performing emergency services, repairs, improvement to
infrastructure or residential work with the approval of the Reading Police Department.
Haley moved to close the hearing regarding Traffic Amendment 2024-3. The motion
was seconded by Dockser and approved with a unanimous roll call vote.
Haley moved to approve Amendment 2024-3 to the Traffic and Parking Regulations as
presented. The motion was seconded by Dockser and approved with a unanimous roll
call vote.
PTTTF Update
Lt. Jones then gave the board a quick update on PTTTF.
RCTV Discussion
Bacci noted this is on the agenda because it has come to his attention that The Reading Post
which is owned by RCTV has been backdating certain letters to the editors so that they go to
the bottom of the page. He wants to know if RCTV wants to address that or if they have any
comments about the issue.
Linda Snow Dockser called a point of order noting Haley probably has interest in this because
he runs his own blog/website.
Chris Cridler, chair of the RCTV Board of Directors, said he had no comment on this matter.
Karen Janowski noted her letter was one of the ones that was manipulated. She hopes the
board gets to the bottom of this because it is not right.
Water and Sewer Rates
Matt Abrahams of the Abrahams group gave the board another presentation regarding water
and sewer rates.
The board discussed rates and where each member would be comfortable.
Dockser suggested water 4% and sewer 3%. Bacci agreed he’s close to Dockser’s thoughts.
Haley noted he is not voting on this tonight. He is not happy with any of the options tonight.
He still wants a pilot program for separate meters.
Herrick noted because of healthy sewer reserves, so she agrees we can go up a little less on
sewer.
The board agreed to discuss the multi-family rates at a future meeting.
Haley moved to close the hearing regarding the FY25 Water and Sewer Rates. The
motion was seconded by Dockser and approved with a unanimous roll call vote.
Haley moved to set the FY2025 water rate at the following rates:
• $11.15 per 100 cubic feet with usage between 0 and 1,000 cubic feet
• $12.14 per 100 cubic feet with usage between 1,001 to 2,501 cubic feet
• $12.45 per 100 cubic feet with usage between 2,501 to 4,000 cubic feet
• $12.97 per 100 cubic feet with usage between 4,001 and above cubic feet
• minimum quarterly bill of $22.30 effective with the December 2024 billing.
The motion was seconded by Dockser and approved with the following roll call vote:
Herrick – yes; Murphy – yes; Dockser – yes; Haley – no; Bacci -yes.
Haley moved to set the FY2025 sewer rate at the following rates:
• $10.51 per 100 cubic feet with usage between 0 and 1,000 cubic feet
• $11.48 per 100 cubic feet with usage between 1,001 to 2,501 cubic feet
• $11.85 per 100 cubic feet with usage between 2,501 to 4,000 cubic feet
• $12.36 per 100 cubic feet with usage between 4,001 and above cubic feet
• minimum quarterly bill of $21.02 effective with the December 2024 billing.
The motion was seconded by Dockser and approved with the following roll call vote:
Herrick – yes; Murphy – yes; Dockser – yes; Haley – no; Bacci -yes.
Haley moved to set the FY2025 Storm Water Rate at $60 per unit (3210 square feet)
per year to be billed quarterly effective with the December 2024 billing. The motion
was seconded by Dockser and approved with a unanimous roll call vote.
Gazebo Circle Easement
Kraunelis noted this is a housekeeping issue. This was already voted on at Town Meeting and
now the board needs to vote as well.
Haley moved to grant the Gazebo Circle easement as presented. The motion was
seconded by Dockser and approved with a unanimous roll call vote.
Boards/Committees Budget Request
The Select Board has $20K to divvy up between the boards. The boards submitted their
requests which are well in excess of $20K. The board took a look at what they allocated last
year.
Haley moved to allocate the following funds:
• $1,000 to Climate Advisory Committee
• $6,000 to Conservation Commission
• $1,500 to Historical Commission
• $6,500 to Town Forest Committee
• $5,000 to Trails Committee
The motion was seconded by Dockser and approved with a unanimous roll call vote.
ReCalc Update
Dockser noted they would like to extend their sunset date by 6o days. The board agreed to
vote on this at their next meeting. They also asked to push off the presentation they were
intending to do at the next meeting to July.
Future Agendas
The board discussed future agenda items.
Minutes
The board edited previous meeting minutes.
Haley moved to approve the meeting minutes from May 21, 2024 as amended. The
motion was seconded by Dockser and approved with a unanimous roll call vote.
Haley moved to adjourn the meeting at 12:07 AM. The motion was seconded by
Dockser and approved with a unanimous roll call vote.