HomeMy WebLinkAbout2009-08-18 Board of Selectmen PacketHecheniitefter, Peter
From: Stephen Goldy [sgoidy@creekridgecapital.com]
Sent: Thursday, July 09, 2009 4:52 PM
To: Hechetibleikner, Peter
Subject: FW: morton field
Peter,
I received the following email
can we do here?
Thanks,
Steve
Stephen A. Goldy
Creekridge Capital, LLC
781-942-15BO (office)
7B1-775-5805 (mobile)
781-723-0295 (fax)
$05
Are we waiting for the Master Plan to move forward? What.
This email message is for the sole use of the intended recipients and may contain
privileged and confidential information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the
sender by reply email and destroy all copies of the original message. Although this email
and any attachments are believed to be free of any virus or other defect, which might
affect any system into which it is received or opened, it is the responsibility of the
recipient to ensure that it is free from virus.
The Sender- and his/her employer accept no responsibility for any loss or damage arising in
any way from its use.
-----Original Message-----
From: George Ravanis [mailto:g.ravanis@comcast.net]
Sent: Thursday, July 09, 2009 4:25 PM
To: sgoldy@ci.reading.ma.us
Subject: morton field
Stephen,
My name is George Ravanis from 67 Riverside Drive, and along with Rick Carter and
Mark Nelson from the Reading baseball Club, we wanted to seek your help in putting a
scoreboard at Morton Field. We know that John Halsey has done a great job in presenting
what we wish to do and we would like 'to expedite the process. We are on a short time line.
We feel we need to have this done by the fall.
Unfortunately we dropped the ball in pursuing this properly this year.
We need to know the process and all of the decision makers.
We have all the privately raised
funds, a location (behind the left field fence, town property yes, but unused property and
hidden from any abutters) and are ready to go. We just need the ok. We plan on visiting
you before the next meeting but thought we would get this to you ahead of time and
hopefully give it some thought and prepare for us. Again, we are ready, willing, and able
(and financially set) to get this small project under way. Thank you for'your time. George
Ravanis, Rick Carter, Mark Nelson
14
36C
ti
To: John Feudo, Recreation Administrator
From: Reading Baseball Club
Here are our-answers to your questions. Also enclosed is a photograph that indicates proposed location
of scoreboard and a scale drawing of proposed scoreboard. Please let us know if you need anything
else prior to August 4 meeting.
Thanks very much for your support.
On behalf of Reading Baseball Club,
Rick Carter - John Halsey - Pete Moscariello
- - -
Would like to know the intended height
overall height, including scoreboard, display panels, fence, and height above fence: 24' (scoreboard
and panels are 16' 8" high; fence is 5' high; bottom of scoreboard may be about 2' above fence)
The proposed location (as specific as you can get)
left center field - please see attached photograph for very specific location
Color of the scoreboard •
black (but could be green or red, if necessary)
Do you plait to advertise on it?
yes; local sponsors could advertise
Dimensions of the scoreboard itself
36' long,. 16' 8" high
Are the Lights EED or Bulb
LED
Plan for Power source
we seek your advice - from green shed or wherever you deem best
Who will maintain the scoreboard?
Reading Baseball Club will have funds to maintain scoreboard. This is same organization that is
funding ongoing maintenance and repair to Morton Field (infield and fence)
15
'36:z
14! mottoSponsor Panei
LED Messa9~ pispiaY t ~,.^^"g~~„
►
sPanar panel
17
ccocobo?lr
C33
Ar..►'
6 {eni
gratlr"
tength of scoreboard siding Panels
ht of scoreboare lncl
pyerall heig
depth f scoreboard and fence
.l.tance between bottom o
weight of toP of scoreboard above gxound
36'
16,
6'
4' scan be less)
25 ,g,~
DRAFT
November 9, 2009 Subsequent Town Meeting
WARRANT OUTLINE 08/06/2009
Art.
# Article Description
Mover/ Moderator
Sponsor Comment Notes
1 IRepo Board of Selectmc i •
FINCOM
7(Rc~cind debt auti~ori,~~iiio>>
8 I Sc~,ti cl 11 (;<<mt'Lua I
I~S'.ati~Board of Selectmen
of Selectmen
POEM-
13oard of Selectm c n •
Board of S,~ cin `n •
Board of S 1~~~ irlien ♦ ~ - ~ ~
15 Approve amendments to the Cemeter} Board of Cemetery +
Rules and Regulations Trustees WINE!
17
3 ~1
JAWA: AMAZE-`
a u.,
3k 7/
18
HG f3a Ai
rv ~ ~
V~ 11
vA36 J5 ~ i'c'"ra'w'`c-..w.`:,•. .
1 S, Fu
1 C 'Jf 910
• t
d !16 17 E t j -s-na Comm du-Rail
MO ? COm111Utf1'R9il Stations
s r s' # _ _ 8 } µ r':s Commuter Rail
12 ~ E t ar Hi It1ha
T! 1. a t ss 'a< c Y Interstate
32,859
^ , per • t x Y4Y m ~ ~ 11 1 ? ~C -N ? TaAn SoundarY
~c 4 5 ~ to, 1rr - - - Si nfica[rtBuilQnas
"XI
m t w. w tti=F",F SvC Sdt
-dF
t i
z ><CfR
fi-
' C3tItz Tour Building
c
t y> y` - r N,. Otler
t ldings (19£8)
o - e W
.._...._.-~n:iaa mot Sidemilc(1998)
~25 €~a Drivawc~~E1G )
u.-mo c Paweme Ivlalv ing^..(Imr)
~ F ~:~ss fry ri ~ t mo Rows (1998}
w
a tr ridge
oaa ,.I f Jk.. - Pint-.:!
nM sf_:i
-ate---sl~-•-- ns~ si3i
_.._,7.osas _._.-..._:`_s' f~s• ~3 j r j~ Unpaved
t ~ 1s
Qns Stearns
SfrEQm
CO Hidden Strean
z
2 -y-
12 Hydro Corrector
r ~yl~ F_i7j P.ivem and lakes
016 I - ws 23
_ Pates
Parcels ,Afh Orthos
1 I r 9k 0 P,
fs
£D of u 7 CJ ~I:uttinaTcnns
M
HGAt cP PD ~ - r =r; ft
H`'Atr~fa RD
i [I °l'it "f1a
R
ft~f~ .4
{
r.
i = :(13?i 6178 .1 ! ~ f { ~..~~y~' __.""~~1G•--RD - i } n
let R v" 1Y.`
-25
t ~ - Fti
N 16
jl l t F
Th>+zfafa.sttoyrn'antltrssife are
u, _ ri 1 s iGe
~Fi ! S prcrv~dedTorpf~tmilt4Purnbses.viT1 -iA
c,% 1
ti.. a• f k . 4 2a~r, _ :t
' 120 - 240 ft Moynihan Colonial Drive. ~
N
O
2
O 1
46 55 a.
16A
81,14
61
F.. 4J ,n.JS ~fG. -4
;Zell
?•Z 1: ~t k z NL f _ aar,'~-~, t-.
mot- S31A+/• o*,i - ~-i3 5^
Commute Pail
s. 42 48 Ica 4SOe 'r', ConnnutHRail Stations
Ott1 i IOa36 it.lln - t s*~ y~ySl . 3.PC Tlf Conimuter Roll
3 l i Kghvnys
'f interstate
r nom. t ,p(~
il~f Highmay
V r^~Q ~•ta7
%
TownSouriJorit
x3 13A44" 11.04 5 f ' t (t SignSgntBuild m
Se'71Cnll
~s a
IOp00 E Otl>rTm~t18uilding
3G-,dr 3 r w Qtler
j
~r• 4 buildings {19`9?
Ae,
~•a'_ `4 C'~ 13,4 0 j K'iv q t...•.*. Siciffmilk (199S)
EiE- Dr14eNCi}'(1
iL- sr~ A ur - ZC7 -.f G
Lr. a 19 te4 Pm-me ttilalt; ings (1 f"-~~
rAeo n e. tt
Roads(1998)
Stidge Al R
F1, i a n° t707 • r Pftv=d
e._A~::r --3r s j nparve
0.14 t ~
I
> 10900 ter' . cr S, r t-
aye' Ott Streams
12Qi; nJitr~m
a rn4 - ,u c - x Hidden Strewn
OQta . r S { x + r` Hydro. mectcr
manclLbItes
2 v F
IOA]0 Parcels
Parcels fC~ m Prrogs V41 Orthos
2.9
r `
K` 4Zi 9+' 6 .2" ..M mil-. IJ3 qt"._-__ , • R
ti -4
t . a, { i. s _2 Cf r~1 offing T.cn~ns
9a ~ - 49~ t V•7 ~'Ll { i ~ J~i`u,t' 'U.
} - 58 Q,9 1,4 il Doti x
1 ~
;k.7 X18
..bi,
JU14-
l.z. -
>i
-
ms's
.-8 J ep
a
ziata slloYFn on t(115 slte are
rte`
54`=
2900 ~2
fi
pl•nvitiedfor planning purposes .un(
i
. r
l
t
u+•.'' ~.12
oO t
y.
-
1 87/193
Bancroft
0
1:00
zoo ft
r-
it
r,
~ Ir -4
ARTICLE AMENDMENT OF THE READING GENERAL BYLAWS.
ARTICLE 5. PUBLIC ORDER. SECTION 5.5.4
To see if the Town will vote to amend Article 5, Public Order, of the Town of Reading
General Bylaws as follows: (new language is in italics)
5.5.4 Public Buildings, Public Property and Public Ways
5.5.4.1 No person shall gamble or keep, use or have in his possession
any spirituous or intoxicating liquor in any building or room
owned or occupied by the Town or upon any public property or public ways, except as
otherwise authorized by the Board of Selectmen, special Statute or general
laws.
5.5.4.2 No person shall smoke or have in his possession any lighted
cigar, cigarette, or other tobacco product in any building or
room owned or occupied by the Town.
or take any action related thereto.
21
3.3s,
011A jg~ 3
ARTICLE. AMEND THE GENERAL BYLAWS OF THE TOWN OF READING
FOR THE LICENSING OF JUNK, OLD AND PRECIOUS METALS AND
SECONDHAND ARTICLES
To see if the Town will vote to amend Section 4.5, Licenses, of the Town of Reading
General Bylaws by deleting therefrom in its entirety Section 4.5.2, Junk, and inserting
therein a new provision as follows:
4.5.2 Junk, Old and Precious Metals and Secondhand Articles
4.5.2.1 License Reauired
4.5.2.1.1 Every person who is in the business of collecting, dealing in, or keeping
a shop for the purchase, sale or barter of junk, old and precious metals
including gold and silver, and/or secondhand articles, shall be licensed
by the Board of Selectmen.
4.5.2.1.2 No person shall use any building, enclosure or other structure for the
storage, sale or keeping of rags, waster paper stock or other inflammable
material without a license therefore from the Board of Selectmen.
4.5.2.2 Application for License. Term, Fee
4.5.2.2.1 Each application for a license shall be made in writing to the Board of
Selectmen and set forth the name of the party licensed, the nature of the
business and the building or place in which it is to be carried out.
4.5.2.2.2 Each license for the keeping of a shop for the purchase, sale or barter of
junk, old and precious metals including gold and silver,.and/or
secondhand articles shall be issued on a location specific basis.
4.5.2.2.3 Licenses under this bylaw may be issued only after notice and a public
hearing and shall be for a period of one (1) year unless sooner revoked
by the Board of Selectmen.
4.5.2.2.4 The fee for each such license shall be determined by the Board of
Selectmen.
4.5.2.2.5 The license shall be clearly and prominently displayed in a suitable and
conspicuous place on the premises.
4.5.2.2.6 Such license shall run from April until May of the following year.
4.5.2.3 Record of Purchases, Examination and Inspection of Records and Articles
22
I1 .0
3»~
4.5.2.3.1 Every junk dealer, old and precious metal dealer or secondhand article
dealer shall keep a book in which shall be written at the time of each
purchase, a description thereof, the name, ' age and residence of the
person from whom the purchase was made, and the day and hour when
such purchase was made. Photocopies of picture identification shall be
taken and maintained for any person who sells or barters an item.
4.5.2.3.2 A list of all purchases and acquisitions shall be submitted to the Easton
Police Department within one (1) week of such purchase or acquisition.
4.5.2.3.3 The Chief of Police or his designee shall at all times have the authority
to inspect or examine all books kept by the dealer or keeper of the shop
and shall have the right to inspect and examine all articles and
merchandise therein.
4.5.2.4 Purchases from Persons less than Eighteen Years of ALle Prohibited
No junk dealer, old and precious metal dealer or secondhand article dealer or any
employee thereof shall directly or indirectly purchase or receive by way of barter or
exchange any junk, old and precious metals or secondhand articles from a person under
the age of eighteen (18) years.
4.5.2.5 Articles Purchased or Received to be retained for Fourteen Davs
No item purchased or received by any dealer or keeper of a shop licensed under this
bylaw shall be removed from the town, sold, or otherwise disposed of for at least fourteen
(14) days from its date of purchase or acquisition unless permission has been obtained
from the Chief of Police or his designee who may request to inspect or photograph the
item.
4.5.2.6 Testing of Wei2hin2 and MeasurinLy Devices
All weighing or measuring devices used by a licensee in the conduct of the licensed
business shall be tested and sealed by the Town of Reading Sealer of Weights and
Measures prior to being placed into service. All weighing and measuring devices shall
thereafter be inspected and tested on an annual basis.
4.5.2.7 Rules and Regulations
The Board of Selectmen may adopt rules and regulations governing the issuance and
conduct of business for the sale of junk, old and precious metals and secondhand articles
pursuant to the authority granted by M.G.L. Chapter 140, §54 and the authority granted
by this bylaw.
4.5.2.$ Susaension or Revocation of License
23
3 t
Any license issued hereunder may be suspended or revoked, after a notice and hearing,
for cause or violation of this bylaw and/or the Board of Selectmen's rules and
regulations.
4.5.2.9 Enforcement and Penalties
Violations of this bylaw shall be subject to a fine of Three Hundred Dollars ($300.00).
Each day the violation exists shall constitute a separate offense. This penalty may be
enforced pursuant to Section 5.11, Noncriminal Disposition of Certain Violations of
Bylaws and Rules and Regulations, of this Bylaw.
4.5.2.10 Severabilitv
If any provision of this bylaw is held to be invalid, it shall not affect the validity or
application of the remaining provisions, or take any other action relative thereto.
24
3~~
.
DRAFT 7-31-09
ARTICLE AMENDMENT OF THE READING GENERAL BYLAWS TO ADD
AN EARTH REMOVAL BYLAW
To see if the Town will vote to amend the Town of Reading General Bylaws by inserting
the following new provision in Article 5, Public Order, as follows:
5.19 Earth Removal
5.19.1 Purpose
The purpose of this bylaw is to promote the health, safety, welfare and
amenities of the Town of Reading and any neighborhood thereof, and to
prevent harmful results from improper excavation. Nothing in this bylaw,
however, shall be deemed to amend, repeal, or supersede the Zoning By-
Laws of the Town of Reading now or hereafter in effect. Nothing in this
bylaw shall derogate from the intent and purpose of such Zoning By-Laws.
In cases of dual application, the provisions of this bylaw and the Zoning
By-Laws must both be met and satisfied.
5.19.2 Authority
This section is adopted under the authority contained in Massachusetts
General Laws Chapter 40, §21, T17.
5.19.3 Definition
For the purposes of this bylaw, "earth" shall include soil, loam, rock, peat,
clay, sand and gravel, or other earth material or combination thereof.
5.19.4 Permit Required
No earth shall be removed from any parcel of land not in public use, either
above or under water, without an earth removal permit issued by the
Board of Selectmen (hereinafter the "Board") as hereinafter provided.
5.19.5 Existing Operations
All existing earth removal operations in the Town of Reading shall be
subject to the provisions of this Bylaw. A permit pursuant to the
provisions of this Bylaw shall be required for all earth removal operations
for any operation to continue after the adoption date of this Bylaw.
5.19.6 Exemptions
Notwithstanding the provisions hereof, no permit shall be required for:
5.19.6.1 the removal of earth from any parcel in connection with the
lawful construction of a residential building or structure thereon
or the lawful construction of a driveway or sidewalk incidental to
any such building or structure, provided that the quantity of
material removed does not exceed that actually displaced by the
25
3
portion of building, structure, driveway or sidewalk below
finished grade.
5.19.6.2 where necessary as part of the construction of a road pursuant to a
permit, or under agreements governing road construction in a
subdivision approved by the Community Planning and
Development Commission to the extent as may be necessary to
complete the project as planned.
5.19.6.3 where necessary in the customary use of an operating fann.,
nursery, garden, landscaping activities or cemetery to the extent
that such removal is necessary to the operation of the same.
5.19.6.4 where the moving and/or removal of earth for any municipal
purpose is by, or on behalf of the Town of Reading.
5.19.6.5 where the removal is from a parcel for which removal was
authorized under a legal permit issued prior to adoption of this
Bylaw, the same may continue until the expiration date of said
permit provided that all by-laws, permits and conditions
applicable prior to the adoption of this Section 3A shall
be complied with.
5.19.7 Notice and Public Hearing
No permit for the removal of earth material shall be issued by the Board,
until a'public hearing is held thereon, by the Board of Selectmen, due
notice of which shall be given by them, at the expense of the applicant, at
least fourteen (14) days in advance, in a newspaper commonly used for
such notices in the community, the posting of copies thereof on municipal
bulletin boards, and the mailing of copies thereof to property owners
within three hundred (300) feet of the property line, including those across
any streets.
5.19.8 Applications
An application for permit required by this bylaw shall be filed with the
Board of Selectmen. The Board of Selectmen shall transmit one (1) copy
to the Conservation Commission and one (1) copy to the Planning Board
within seven (7) days of the filing.
5:19.8.1 Content of Application
The application shall consist of the following:
5.19.8.1.1 An operation plan indicating:
a. the location of the proposed excavation and the zoning district
in which it is located.
26
3
b. the legal name and address of the owner of the property
involved.
c. the legal name and address of the petitioner, which address
shall be used by the Board for all correspondence hereunder.
d, name and address of all abutting property owners as defined by
G.L. Chapter 40A, § 11 (only required when a public hearing is
necessary).
e. a detailed plan of the land involved, prepared by a Registered
Civil Engineer, or a registered surveyor, and acceptable to the
Board, at a scale of 1 "-20', or as determined appropriate,
showing the entire parcel of land based on a perimeter survey
and showing existing topography by five (5) contours within
one hundred (100) feet of, and including, the site of the
proposed excavation or to the property line. This contour plan
shall show locations of a sufficient number of test borings
made to determine the average depth of top soil before
excavation;
a detailed plan of the land involved, prepared by a Registered
Civil Engineer, or a registered surveyor, and acceptable to the
Board, showing five (5) foot contours of the site as of the
completion of the excavation project, all drawn to a scale
acceptable to the Board. The plan shall further show the
maximum depth that the applicant intends to excavate, the type
of material the applicant intends to extract from the land, the
manner and depth in which he shall replace the top soil, and the
type of reseeding and planting he proposed to use;
g. natural features such as wetlands, the 100 year flood plain,
ground cover and surface and ground water. Water-table
elevation shall be determined by test pits and soil borings. A
log of soil borings shall be included, taken to the depth of the
proposed excavation, congruent with the size and geological
makeup of the site;
h. all access road, drives, storage areas and trucking routes to be
used within the Town.
i. erosion and sediment control plan.
j. the means of disposing of rocks, tree stumps, refuse and waste
products.
k. provision for safe and adequate water supply.
1. a topographical map showing drainage facilities, final grades
and proposed vegetation and trees;
5.19.5.1.2 Are-use plan showing:
a. The proposed use, after completion of removal operations, of
all the land of the applicant shown on the plan or contiguous
thereto.
.l
27
b. Five foot (5') contours of the site as of the proposed
completion of the excavation project.
c. The drainage of site and excavation after the removal operation.
d. The land in a condition no less valuable for development and
use than it was before the commencement of operations.
e. The schedule to restore the land which cannot exceed three (3)
years from the expiration of an initial permit, or a permit
renewed within six (6) months of the expiration of another. The
land shall be restored so that it can be used for purposes
permitted by the Zoning Bylaw of the Town of Reading for the
district in which the land is located.
5.19.8.1.3 The form of the bond to be used:
a. A bond shall be filed by the applicant before the permit is
granted or as a condition to the permit to assure satisfactory
operation and performance under the requirements of this
bylaw and the conditions of the permit.
b. The bond shall be in a form satisfactory to the Town Counsel
and the Town Treasurer. The bond shall be in an amount which
the Selectmen determine adequate to restore the land at the
expiration of the permit or at any time during the life of the
permit when operations cease, and adequate to repair damage,
if any, to public ways.
c. The bond shall be issued by an insurance company authorized
to do business in Massachusetts or shall be of such surety as
will qualify for security under the Subdivision Control Law,
Chapter 41, 81U (1).
d. The bond shall be in an amount determined by the Selectmen;
but in no case shall be less than Two Thousand ($2000.00) for
each acre shown on the plan.
5.19.8.1.4 Filing fee
The Board shall establish such fees for the issuance of permits as
it shall find necessary for the administration of this Bylaw, taking
into consideration the costs of clerical, civil engineering
consultants, legal and inspection expenses.
5.19.9 Permit Expiration
Any permit issued hereunder shall automatically expire upon the
completion of the earth removal project for which it was issued or at such
time as may be specified in said permit, and in any event within one (1)
year from the date of issue thereof. A permit may be renewed by the
Board of Selectmen for a period of one (1) year without a hearing if it
finds that all conditions then applicable have been complied with and that
the work has been carried on continuously and in good faith. A permit
pJ -7/
`
3 N
28
may not be renewed more that once without a hearing, and may not be
granted for an area in excess of five (5) acres unless in the opinion of the
Board of Selectmen the area of the previous permit is being satisfactorily
restored for use in accordance with the reuse plan.
5.19.10 Conditions for.Annroval
5.19.1.1 No permit shall be issued for the removal of earth in any location
if in the opinion of the Board of Selectmen such removal will:
5.19.10.1.1 Endanger the public health or safety or constitute a
nuisance.
5.19.10.1.2 Produce noise, dust or other effects observable at the
lot lines in amounts seriously objectionable or
detrimental to the normal use of the adjacent property.
5.19.10.1.3 Result in the transportation over ways which will be
injured in any way by loads in excess of the road
capability or by means of handling vehicles used to
transport earth or of handling materials in transport.
5.19.10.1.4 Cause a change in topography and cover which will
be disadvantageous to the appropriate use of land as
shown on the reuse plan and permitted by the zoning
bylaw.
5.19.10.1.5 Result in the removal of existing topsoil from the
Town of Reading
5.19.10.2 No permit for the removal of earth shall be approved by the
Board of Selectmen except upon condition that a cover of topsoil
of not less than six (6") inches in depth shall be replaced or
allowed to remain, except where, due to construction of roads,
buildings or permanent physical features, such provision is
impractical. Such topsoil cover shall be seeded with a perennial
cover crop to assure uniform growth and surface soil stabilization.
5.19.10.3 No permit for the removal of earth shall be approved by
the Board if the work extends within three hundred (300') feet of
a way open to public use, whether public or private, or two
hundred fifty (250') feet of a building or structure, or within one
hundred (100') feet of a property line, or within fifty (50') feet of
a natural stream or a body of water unless the Board is satisfied
that such removal will not undermine the way or structure and
29
3 ~~3
will not cause damage to the abutting property, stream or body of
water.
5.19.10.4 No permit shall be granted for removal from an area in excess
of five (5) acres at any one time.
5.19.10.5 In approving the issuance of a permit, the Board of Selectmen
shall impose such other reasonable conditions as it deems
necessary, which shall be written upon and shall constitute part
of the permit, including but not limited to:
5.19.10.5.1 The finished leveling and grading.
5.19.10.5.2. The type of topsoil and planting necessary to
restore area to usable conditions. The topsoil shall
be
treated with three (3) tons of line per acre and one
thousand (1,000) pounds of 10-10-10 fertilizer, or
such other fertilizer as approved by the Board of
Selectmen. The type of seed and trees and shrubs to
be planted to restore the natural beauty and to
reduce the erosion and the procedure to protect the
area from erosion and the procedure to protect the
area from erosion while growth is being establish
shall also be conditions of the permit.
5.19.10.5.3 The duration of the removal operation.
5.19.10.5.4 Temporary structures.
5.19.10.5.5 Hours of operation and trucking, while at no time
shall be between six (6) P.M. and eight (8) A.M. or
on a Sunday or legal holiday.
5.19.10.5.6 Cover of material being transported, routes of
transportation of material and routes of all vehicles
involved.
5.19.10.5.7 Control of temporary and pennanent drainage. All
natural drainage shall leave the property at the
original drainage point with no increase in flow.
5.19.10.5.8 Disposition of boulders and tree stumps.
5.19.10.5.9 Suitable fencing to enclose any excavation which
will tunnel under original ground level or which
3 ~ 1U~
30
will have a depth of ten (10) feet or more and create
a slope of more than three (3) horizontal to one (1)
vertical. Any opening in such fence shall be locked
when daily operations have ceased and such
openings shall be properly signed describing the
possible danger within. Such fence shall be located
ten (10') feet or more from the edge of the
excavation, shall be at least six (6') feet high and
shall be of a type which will screen the operation
from view from all public ways.
5.19.10.5.10 Maintenance of natural vegetation on undisturbed
land.
5.19.11 Specifications and Standards of Operation
All earth removal shall be subject to the conditions of the permit and the
following specifications and standards:
5.19.11.1 The methods and stages of removal and of restorations to usable
condition shall include all conditions of the re-use plan.
5.19.11.2 Roadways used for transportation of material must be swept
clean and cleared of material spilled from trucks, at least once
each forty-eight (48) hours and more often, if necessary to
maintain safety and a clean neat appearance.
5.19.11.3 Damage to pavement, drainage, structures and curbing cause by
said trucks or spillage shall be repaired by the applicant.
5.19.11.4 Any repair or cleaning of roadways as outlined in paragraphs 2
and 3 above, if performed by the town, shall be paid for by the
applicant.
5.19.11.5 Adequate steps shall be taken during removal operations to
abate excessive dust and all access roads and drives on the site
shall be oiled at all times.
5.19.11.6 No equipment, except mobile equipment for sorting, washing,
crushing, grading drying, processing, and treating or other
operation machinery, shall be used closer than one hundred
(100') feet from any public right-of-way or any abutting
property line.
5.19.11.7 Side slopes in a pit no steeper than a three (3) (horizontal) to one
(1) (vertical) ratio.
31
3 pS
5.19.11.8 No area shall be excavated so as to allow the accumulation of
free standing water.
5.19.11.9 Adequate lateral support for all adjacent properties shall be
provided and maintained.
5.19.11.10 No excavation below the existing grade of any tract boundary
nearer that fifty (50') feet to abutter's property boundary or
public right-of-way, or lower that four (4') feet above
maximum high ground water level, except where a pond is
approved on the re-use pan. Final elevation of the pit not in
excess of three percent (3%) grade from the nearest public way
or ways.
5.19.11.11 Entrance to the premises for the Board of Selectmen or their
agent to inspect the site shall be allowed at any time.
5.19.11.12 A requirement that within six (6) months after termination of
operation, all buildings, structures and equipment shall be
removed from the premises.
5.19.12 Rules and Regulations
The Board of Selectmen may adopt rules and regulations governing the issuance
of earth removal permits.
5.19.13 Waiver
Strict compliance with the requirements of this Bylaw of the Board's rules and
regulations may be waived in connection with earth removal operations and in
existence on the date of adoption of this Bylaw or on a new operations when, in
the judgment of the Board, such action is in the public interest and not
inconsistent with the intent of this Bylaw.
5.19.14 Suspension or Revocation of Permit
Any permit issued hereunder may be suspended or revolted, after a notice and
hearing, for cause or violation of this Bylaw and/or the Board's rules and
regulations.
5.19.15 Blasting
No blasting shall be allowed unless permitted, with conditions imposed, by the
Fire Chief and otherwise in conformance with state and federal law.
5.19.16 Validitv
The invalidity of any section of provision of this bylaw shall not invalidate any
other section of provision thereof.
5.19.17 Administration and Enforcement
N
32
The Board of Selectmen or duly authorized representative shall review the
progress of the work from time to time to ensure proper conduct. If the Board of
Selectmen concluded that there has been a violation of this Bylaw, a notice of
violation shall be sent to the applicant, by registered or certified snail, to the
address state on the initial application, and if applicable, a notice ordering a
cessation of the improper activities.
Enforcement of this Bylaw may also be made in accordance with Section 5.11,
Noncriminal Disposition of Certain Violations of Bylaws and Rules and
Regulations, of this Bylaw.
3
33
)AN &J
ARTICLE AMENDMENT OF SECTION 6.3.17 OF THE READING ZONING
BYLAWS
To see if the Town will vote to amend the Town of Reading Zoning By-laws as follows:
(lanpuap,e underlined shows deletions/words in italics denotes new language)
6.3.17. Reconstruction After Destruction (Bv a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use,
structure, building, sign, panting space or loading bay or other situation allowed by
Special Permit, which is destroyed or damaged by explosion, collapse, fire, stone,
natural disaster or other catastrophic event, any of which is beyond the control of the
owner or by the proposed voluntary action of the owner, to demolish, in whole or in
part, in a manner different from the prior conditions, provided that the Board
detennines that:
a. The reconstruction conforms to the current requirements of this By-Law. to the
maximum extent bracticable.
b. The reconstruction is appropriate in scale and mass for the neighborhood, with
particular consideration of abutting properties.
b. c. In the case of the reconstruction of a nonconforming use, that it complies
.with the standards for the substitution of a nonconforming use.
3
34
Board of Selectmen Meeting - June 29, 2004 - Page 4
Vice Chairman Camille Anthony noted that the RMLD should be on a fiscal year by now. The
Town Manager noted that they are deciding now on whether to do a six month budget or an 18
month budget. If they do a six month budget, they will need an extra audit.
Selectman Gail Wood asked about a Special Town Meeting for the money for the water line.
Richard Foley noted that we are getting money from developers that will need Town Meeting
authorization. The Town Manager noted that Longwood is required to construct a new piece of
water line and we will do the work. We will use other money and then appropriate the
Longwood money in the Fall.
Chairman Richard Schubert asked if the school projects impact his workload. Richard Foley
indicated that he receives one bill per month from the contractor and all of the information is
provided with it.
- Final Report - Charter Review Committee - Selectman George Hines noted that the Charter
Review Committee voted this report as their final report. They, held 11 meetings and John
Gannon and Gary Brackett from Brackett & Lucas participated.
Selectman George Hines noted that there are no changes to Article 1.
In Section 2.6, they wanted to recommend at least 10 votes for write-in candidates but Gary
Brackett indicated that change would require a Charter Commission so they will take out that
recommendation.
Section 2-11 will provide that any person who is not a Town Meeting Member may be allowed
to speak at Town Meeting.
Section 2-12 would provide that Town Meeting could not establish a standing committee with
only one person making the appointments, and it will establish a Bylaw Committee Appointment
Committee.
In Section 3-1, the recommendation to require 50 write-in votes for an elected Board or
Committee requires a Charter Commission so that will be taken out.
In Section 3-2, the Insurance Committee will be removed.
Section 3-3 changes the School Committee's powers to be consistent with Education Reform.
Section 3-5 modifies the requirement for RMLB to sign contracts.
Section 4-4 will change the ZBA to five members.
Section 4-7 expands the Commissioners of Trust Funds.
35
:50 1
c
Board of Selectmen Meeting - June 29, 2004 - Page 5
Section 4-10 will require Boards, Committees and Commissions to reside in Reading during the
term of office. It also provides that elected Boards, Committees and Commissions can establish
ad hoc committees with terms no longer than 12 months that can be extended for up to 12
months and the 15 day waiting period would not be required.
Sections 5-1 and 5-5d make it clear that there is no contract for a term for the Town Manager,
but there is an employment agreement. It also increases the severance agreement to 12 months
(instead of three), and it is not available if the Town Manager is terminated for cause. The Town
Manager noted that he recommends that the increase in the, severance pay go into effect with the
next Town Manager.
The changes to Article 6 are to clarify this section.
Article 7 changes provide for the Building Maintenance Budget to be voted separately by Town
Meeting, and no funds can be transferred into or out of without Town Meeting approval. Bill
Brown noted that the School Committee feels that this does not conform with Education
Reform.
Section 8-8 adds the definition of ex officio and provides that an ex officio does not have to be
sworn in again. Section 8-12 eliminates the 28 day waiting period.
The Town Manager noted that the next step would be for the Selectmen to decide what changes
to send to Town Meeting in the Fall. All of the amendments that Town Meeting approves would
go on the ballot. A copy of the Charter would be mailed to all households in the Town before it
goes on the ballot.
A motion by Hines seconded by Wood to accept the report from the Charter Review
Committee was approved by a vote of 5-0-0.
-'~Review of Access to Lands via Longwood Road - Town Counsel Ellen Doucette, Attorney Brad
Latham, Timothy and Barbara Leary, Louis Peterson and his attorney, John Savarino and Ted
Moore were present.
Attorney Ellen Doucette noted that the Town Engineer's opinion is that the formal layout of
Longwood stops short of Old Gravel Road. The Town put a sewer extension in 1992 and paved
the road to a 12 foot width. CPDC approved an ANR with no frontage. She also noted that the
Mazzalo property was acquired in 1992.
Attorney Brad Latham asked if the taking of the Mazzalo property effected the properties west of
it. He noted that CPDC adopted a map in 1974 that identified the road as Longwood Road. In
1999, the Town extended the sewer further and assessed a betterment. The Town picks up the
trash and plows the road. He also noted that the property owners cannot sell their property or
refinance.
Attorney Latham noted that John Savarino has a contract with Johnson Woods to transfer his
house to a new location.
36
e3 G~
READING HOME RULE CHARTER
Preamble
We, the people of Reading, in order to re-establish our individual sovereignty
with respect to the conduct of our local government and to take the fullest advantages
inherent in the Home Rule Amendment to the Constitution of the Commonwealth, do
hereby adopt the following Home Rule Charter for the Town of Reading.
Article 1
EXISTENCE AND AUTHORITY
Section 1-1: Incorporation
The inhabitants of the Town of Reading, within the territorial limits established
by law, shall continue to be a body corporate and politic under the name "Town of
Reading."
Section 1-2: Short Title
This instrument shall be known and may be cited as the Reading Home Rule
Charter.
Section 1-3: Division of Powers
The administration of all the fiscal, prudential and municipal affairs of the Town
shall be vested in an executive branch headed by a Board of Selectmen and a Town
Manager. All legislative powers of the Town shall be exercised by a representative Town
Meeting.
Section 1-4: Powers of the Town: Intent of the Voters
It is the intent and the purpose of the voters of the Town of Reading, through the
adoption of this Charter, to secure for the Town all of the powers possible to secure under
the Constitution and statutes of the Commonwealth, as fully and as completely as though
each such power were specifically and individually enumerated herein.
Section 1-5: Interpretation of Powers
The powers of the Town under the Charter shall be construed and interpreted
liberally in favor of the Town, and the specific mention of any particular power is not
intended to limit in any way the general powers of the Town as stated in Section 1-4.
Section 1-6: Intergovernmental Relations
The Town may enter into agreements with any other unit of government to
perform jointly or in cooperation, by contract or otherwise, any of its powers or
functions.
Reading Home Rule Charter I With all revisions through April, 2006
37
~~3
Article 2
REPRESENTATIVE TOWN MEETING
Section 2-1: Composition
The legislative body of the Town shall be a representative Town Meeting
consisting of one hundred ninety-two (192) members from eight (8) precincts who shall
be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the
Town.
Each precinct shall be equally represented in Town Meetings by members so
elected that the term of office of one-third of the members shall expire each year.
Section 2-2: Realignment of Precincts
When required by law or every ten (10) years, the Selectmen shall review and, if
necessary, redivide the territory of the Town into eight (8) plainly designated precincts.
The precincts shall be divided into as nearly an equal number of inhabitants as possible.
The territory of each precinct shall be continuous and as compact as possible. The
territory of each precinct shall be defined as near as possible by the center line of known
streets or other well-defined limits.
Within ten (10) days of any precinct revision, the Selectmen shall file a report on
the revisions with the Town Clerk, the Registrars of Voters and the Assessors. The report
shall include a map(s) and a list of the inhabitants' names and addresses. The Selectmen
shall also post the map and list in the Town Hall and in at least one public place in each
precinct.
The revision shall be effective on the date it is filed with the Town Clerk, and the
Clerk shall notify the Secretary of State of the revision in writing.
Any townwide election shall be held at the same time for each precinct at a place
or places designated by the Selectmen.
/Amended Nove►nber 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 2-3: Town Meeting Membership
The registered voters in'every precinct shall elect Town Meeting Members in
accordance with all applicable election laws. Whenever any precincts are revised, the
registered voters shall elect twenty-four (24) Town Meeting Members to represent the
precinct, Terms of office shall be determined by the number of votes received. The eight
(8) candidates receiving the highest number of votes shall serve for three (3) years, the
eight (8) receiving the next highest number of votes shall serve for two (2) years, and the
next eight (8) candidates receiving the next highest, number of votes shall serve for one
(1) year from the day of election.
: In the event of a tie, ballot position shall determine the order of finish. At each
Annual Election thereafter, the registered voters in each precinct shall elect eight (8)
Town Meeting Members to represent the precinct, and shall also elect Town Meeting
Members to fill any vacant terms.
Reading Home Rule Charter 2 With all revisions through April, 2006
38
` 0-1
After the revision of precincts, the term of office of all Town Meeting Members
from the revised precincts shall cease upon the election of their successors. After each
election of Town Meeting Members, .the Town Clerk shall notify each Town Meeting
Member of his election by mail.
In the event of a tie write-in vote for a vacant Town Meeting position, the position
shall be filled by a vote of the remaining Town Meeting Members of the precinct, from
the write-in candidates whose write-in votes were tied. The Town Clerk shall give notice
of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk
shall set a time and place for a precinct meeting for the purpose of filling the vacancy.
The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at
least seven (7) days in advance and shall publish legal notice in a newspaper of general
circulation in the community. A vacant position filled in this manner shall be filled for
the entire remainder of the term.
(Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 20021
1A mended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 2-4: Town Meeting Sessions
All representative Town Meeting sessions held under the provisions of this
Charter shall be limited to the Town Meeting Members elected under Section 2-3,
together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting
Members of the time and place at which representative Town Meeting sessions are to be
held, the notices to be sent by mail at least seven (7) days before the meeting. The Town
Meeting Members shall be the judges of the election and qualification of their members.
A majority of the Town Meeting Members shall constitute a quorum for doing business.
However, a smaller number may organize temporarily and may adjourn from time to
time, but no Town Meeting shall adjourn over the date of an election of Town Meeting
Members. All Town Meeting sessions shall be public.
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 2-5: Nomination Procedures
Nomination of candidates for Town Meeting Member to be elected under this
Charter shall only be made by nomination papers bearing no political designation and
signed by not less than ten (10) registered voters from the candidate's precinct.
Nomination papers must be filed with the Town Clerk at least twenty-eight (28) days
before the election and must be signed by the candidate to be valid.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
Section 2-6: Vacancies
A Town Meeting Member may resign by filing a written notice with the Town
Clerk which shall take effect on the date filed. A Town Meeting Member who moves
from the Town shall cease to be a Town Meeting Member. A Town Meeting Member
who moves from the precinct from which he was elected to another precinct, may serve
only until the next Annual Town Election.
Reading Home Rule Charter 3 With all revisions through April, 2006
39
If any person elected as a Town Meeting Member fails to take his'oath of office
within thirty (30) days following his notice of election, or fails to attend one-half or more
of the total Town Meeting sessions within one year preceding the most recent Annual
Town Election, his seat may be declared vacant by a majority vote of Town Meeting.
The Selectmen shall place an Article in the Annual Town Meeting Warrant to
remove any such person. The Town Clerk must notify any such person that he may be
removed under this section at least seven (7) days in advance of the Annual Town
Meeting. Notice shall be mailed to his last known address.
In the event of a tie write-in vote for a vacant Town Meeting position, the position
shall be filled by a vote of the remaining members of the precinct from the write-in
candidates whose write-in votes were tied. The Town Clerk shall give notice of the tie
vote to the remaining Town Meeting members of the precinct. The Town Clerk shall set
a time and place for a precinct meeting for the purpose of filling the vacancy. The Town
Clerk shall give notice to precinct Town Meeting members at least 7 days in advance of
the meeting, and shall also publish notice of the meeting in a newspaper of general
circulation in the community. A vacant position filled in this manner shall be filled for
the remainder of the term (Chapter 57 of the Acts of 2002).
Any vacancy of a Town Meeting position may be filled until the next Annual
Town Election by a vote of the remaining members of the precinct. The balance of any
unexpired term shall be filled at the next Annual Town Election. The Town Clerk shall
give notice of any vacancy to the remaining Town Meeting Members of the precinct.
The Town Clerk shall set a time and place for a precinct meeting for the purpose of
temporarily filling any vacancies. The Town Clerk shall give notice of the meeting to
precinct Town Meeting Members at least seven (7) days in advance and shall publish
legal notice in a community newspaper of general circulation.
At any precinct meeting, a majority shall constitute a quorum. A majority of
votes cast at precinct meetings shall be sufficient to fill vacancies, elect a Chairman and a
Clerk or conduct any order of business. The Chairman and Precinct Clerk shall certify
any election of the precinct and transmit written acceptance of any person elected Town
Meeting Member to the Town Clerk.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 2-7: Compensation
Town Meeting Members shall serve without compensation.
Section 2-8: Presidine Officer
A Moderator, chosen in accordance with the provisions of Article 3, Section 3-7,
shall preside at all sessions of Town Meeting. The Moderator shall regulate the
proceedings of all Town Meeting sessions, decide all questions of order and make public
declaration of all votes. He may administer the oath of office to any Town Officer and to
Town Meeting members. He shall perform other functions as provided by Charter, bylaw,
Town Meeting vote or State law. In the absence of the Moderator, Town Meeting shall
elect a temporary Moderator.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 4 With all revisions through April, 2006 30
40
Section 2-9: Clerk of the Meeting
The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his
unavoidable absence, the Town Clerk shall designate a substitute; otherwise, the
Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all meetings
to the Members and to the public, keep the journal of its proceedings, and perform such
other functions as may be provided by the Charter, by statute, by bylaw, or by Town
Meeting vote.
Section 2-10: General Powers and Duties
All legislative powers of the Town shall be vested in the representative Town
Meeting except as otherwise provided by law or the Charter. The Town Meeting shall
provide for the exercise of all corporate powers of the Town and for the performance of
all duties and obligations of the Town.
Section 2-11: Participation by Non-Town Meetine Members
Subject to conditions that may be determined from time to time by Town Meeting
Members, any person who is not a Town Meeting Member may be allowed to speak at
any representative Town Meeting but shall not vote.
At the request of the Moderator or Town Meeting, any Town Officer or
Department Head shall be present at any session of Town Meeting for the purpose of
responding to questions of Town Meeting Members.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 2-12: Establishment of Standin¢ Committees
The Town Meeting may from time to time, by bylaw, establish standing
committees to which shall be referred Warrant Articles for study, review and report in
advance of the sessions of the Town Meeting.
In establishing standing committees, Town Meeting shall also provide for the
method of appointment of members. The method of appointment shall be by an existing
multiple-member body or shall be by a multiple-member appointment committee
established for that purpose.
[Amended November 19, 2001 (Article 12)1
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Finance Committee
There shall be a Finance Committee consisting of nine (9) voters of the Town,
appointed for three year staggered terms so arranged that three (3) terms expire each year.
No member of the Finance Committee shall be an elected or appointed Town Officer or
an employee of the Town. A member of the Finance Committee may be an elected Town
Meeting Member but shall serve on no other standing committee.
Finance Committee members shall be appointed by an Appointment Committee
chaired by the Moderator, consisting of the Moderator who shall have one vote, the.
Chairman of the Board of Selectmen who shall have one vote, and the Chairman of the
Finance Committee who shall have one vote. The terms of Finance Committee Members
Reading Home Rule Charter 5 With all revisions through April, 2006
41
shall expire on the first day of July. No Finance Committee Member shall serve for more
than three (3) consecutive terms. Any vacancy on the committee shall be filled by the
Appointment Committee.
The Finance Committee shall have all the powers and duties granted to Finance
Committees under the laws of the Commonwealth, Town bylaws, Town Meeting vote
and other applicable laws. In addition to these powers, the Finance Committee shall have
the power to investigate the books, accounts, records and management of any office,
board or committee in Town, and may use agents in carrying out such investigations. The
Finance Committee shall report its findings, approval or disapproval on all Articles that
involve the expenditure of funds in the Warrant in writing at least seven (7) days before
Town Meeting. Such a report shall not preclude further action or reconsideration by the
Finance Committee.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Committee on Bvlaws
There shall be a Bylaw Committee consisting of five (5) voters of the Town,
appointed for three (3) year staggered terms. The Bylaw Committee shall propose and
consider changes in the bylaws or Charter, and petitions for a special act, or local
acceptance of a State Statute which is subject to Town Meeting acceptance, and shall
report its findings on all such Articles in the Warrant in writing at least seven (7) days
before Town Meeting. Such a report shall not preclude further action or reconsideration
by the Bylaw Committee.
Bylaw Committee members shall be appointed by an Appointment Committee
chaired by the Moderator, consisting of the Moderator who shall have one vote, the
Chairman of the Board of Selectmen who shall have one vote, and the Chairman of the
Bylaw Committee who shall have one vote. The terms of Bylaw Committee Members
shall expire on the first day of July. Any vacancy on the committee shall be filled by the
Appointment Committee.
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Rules Committee
There shall be a Rules Committee, chaired by the Town Moderator who shall be
a non-voting member, consisting of the Precinct Chairmen, which shall review all aspects
of the operation of Town Meeting, and make an Annual Report in writing to Town
Meeting setting forth its findings, recommendations, and proposals for rules governing
the conduct of Town Meeting.
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 2-13: Warrant Articles
Except for procedural matters, all subjects to be acted upon by the Town Meeting
shall be placed on Warrants issued by the Board of Selectmen. The Board of Selectmen
shall place on such Warrants all subjects requested by: (a) any two or more Selectmen;
(b) any elected or appointed Town board; (c) any ten (10) or more voters for the Annual
or Subsequent Town Meeting as defined in Section 2-14 (d) any one hundred (100) or
more voters for a Special Town Meeting and (e) any other person or agency as may be
Reading Home Rule Charter 6 With all revisions through April, 2006
3C'~
42
authorized by bylaw or otherwise, All subjects submitted to the Board of Selectmen
under this section shall be placed on a Warrant for the next Town Meeting, regular or
special.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Promptly following receipt by the Board of Selectmen of any such subject for a
Town Meeting Warrant Article, a copy of the Article shall be posted on the Town
Bulletin Board and otherwise distributed as may be provided by bylaw. Additional
copies shall be kept available for distribution by the Town Clerk.
Section 2-14: Meetines
The Town Meeting shall meet at least twice in each calendar year. The Annual
Town Meeting shall be held during the first six calendar months at a time fixed by bylaw,
and shall be primarily concerned with the determination of matters that have afiscal
effect on the Town including, but not limited to, the adoption of an annual operating
budget for all Town agencies. A Subsequent Town Meeting shall be held during the last
three calendar months at a time fixed by bylaw. In addition to the two meetings required
by this section, the Board of Selectmen may in any manner provided under the General
Laws of the Commonwealth or the Charter, for the purpose of acting upon the legislative
business of the Town in an orderly and expeditious manner, call the Town Meeting into
session at other times by the issuance of a Warrant.
Section 2-15: Referendum Procedures
No final affirmative vote of a Town Meeting on any Warrant Article shall be
operative until after the expiration of seven (7) days following the dissolution of the
Town Meeting except the following: (a) a vote to adjourn or dissolve; (b) votes
appropriating money for the payment of notes or bonds of the Town and interest
becoming due within the then current fiscal year; (c) votes for the temporary borrowing
of money in anticipation of revenue or; (d) a vote declared by preamble by a two-thirds
vote of Town Meeting to be an emergency measure necessary for the immediate
preservation of the peace, health, safety or convenience of the Town. If a referendum
petition is not filed within the said seven (7) days, the votes of the Town Meeting shall
then become operative.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
If, within said seven (7) days, a petition signed by not less than three (3) percent
of the voters certified by the Registrars of Voters, containing their names and addresses,
is filed with the Board of Selectmen requesting that any question be submitted to the
voters, then the operation of such vote shall be further suspended pending its
determination as provided below. The Board of Selectmen shall, within ten (10) days
after the filing of such petition, call a Special Election that shall be held within thirty (30)
days or such longer period as may be required by law after issuing the call, for the
purpose of presenting to the voters any such question. If, however, a regular or special
election is to be held not more than sixty (60) days following the date the petition is filed,
the Board of Selectmen may provide that any such question be presented to the voters at
that election.
Reading Home Rule Charter 7 With all revisions through April, 2006
43
Any question so submitted shall be determined by a majority vote of the voters
voting in said election, but no action of the Town Meeting shall be reversed unless at
least twenty percent (20%) of the eligible voters vote in such election.
Each question so submitted shall be in the form of the following question which
shall be placed on the official ballot: - "shall the Town vote to approve the action of the
representative Town Meeting whereby it was voted (brief description of the substance of
the vote in substantially the same language and form in which it was stated when
presented by the Moderator to the Town Meeting, as appears in the records of the Clerk
of the meeting)"?
Article 3
ELECTED OFFICERS AND BOARDS
Section 3-1: General Provisions
The offices to be filled by the voters, shall be the Board of Selectmen, School
Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board,
Moderator, Vocational School Representative and such members of regional authorities
or districts as may be established by statute, interlocal agreement or otherwise.
Only a registered voter of the Town shall be eligible to hold any elective town
office, but no person holding any elective Town office shall simultaneously hold any
other elective Town office except that of Town Meeting Member.
(Ainended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Elected Town Officers shall receive no compensation unless specifically voted by
Town Meeting.
Notwithstanding their election by the voters, the Town Officers named in this
Article shall be subject to the call of the Board of Selectmen at all reasonable times for
consultation, conference and discussion on any matter relating to their respective offices.
Section 3-2: Board of Selectmen
There shall be a Board of Selectmen consisting of five (5) members elected for
three (3) year terms so arranged that as nearly an equal number of terms as possible shall
expire each year.
The executive powers of the Town shall be vested in the Board of Selectmen. The
Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen
under the Constitution and General Laws of the Commonwealth, and such additional
powers and duties as may be authorized by the Charter, by bylaw, or by other Town
Meeting vote.
The Board of Selectmen 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. To
administer its policies and aid the Board in its official duties, the Board of Selectmen
Reading Home Rule Charter 8 With all revisions through April, 2006
44
shall appoint a Town Manager, as provided in Article 5. Without limiting the foregoing,
the Selectmen shall have all of the powers and duties of the present Personnel Board and
such Board is hereby abolished.
The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town
Accountant, not more than five (5) Constables, members of the Recreation Committee,
Council on Aging, Cemetery Trustees, Housing Authority, Community Planning and
Development Commission, Board of Health, Conservation Commission and Board of
Appeals, and any other appointed multiple-member bodies for whom no other method of
selection is provided by the Charter or by bylaw.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
The Board of Selectmen shall be the Licensing Board of the Town and shall have
the power to issue licenses, to make all necessary rules and regulations regarding the
issuance of such licenses, and to attach such conditions and restrictions thereto as it
deems to be in the public interest, and to enforce the laws relating to all businesses for
which it issues licenses.
Section 3-3: School Committee
There shall be a School Committee consisting of six (6) members elected for three
(3) year terms so arranged that two (2) terms shall expire each year.
The School Committee shall have all of the powers and duties School Committees
are given under the Constitution and General Laws of the Commonwealth and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by other
Town Meeting vote. The powers of the School Committee shall include, but need not be
limited to, the following:
(a) The School Committee shall appoint a Superintendent of Schools and fix
his compensation, define his duties, make rules concerning his tenure of
office and may and may discharge him.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
(b) The School Committee shall make all reasonable rules and regulations,
consistent with law, for the administration and management of the public
schools of the Town.
Section 3-4: Board of Librarv Trustees
There shall be a Board of Library Trustees consisting of six (6) members elected
for three (3) year terms so arranged that two (2) terms shall expire each year.
The Board of Library Trustees shall have control over the selection of Library
materials, and shall have custody and management of the Library and of all property of
the Town related thereto, except that the Town Manager shall have responsibility for the
maintenance of the Library building and grounds.
All money or property that the Town may receive on behalf of the Library by gift
or bequest shall be administered by the Board in accordance with the provisions of such
gift or bequest.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 9 With all revisions through April, 2006
45
The Board shall have all of the powers and duties given to Boards of Library
Trustees under the Constitution and General Laws of the Commonwealth, and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by other
Town Meeting vote.
Section 3-5: Municipal Light Board
There shall be 'a Municipal Light Board consisting of five (5) members elected for
three (3) year terms so arranged that as near an equal number of terms as possible shall
expire each year.
The Municipal Light Board shall have charge of all the real estate, facilities,
personnel and equipment'of the Town pertaining to the production and transmission of
electrical power, both within the Town and elsewhere.
The Municipal Light Board shall have all the powers and duties given to cities
and towns in respect to municipal lighting plants under G.L., c. 164, s. 34 et seq. and
other general and special acts pertaining thereto, together with such further powers and
duties assigned to them by this Charter, by bylaw, or by other Town Meeting vote.
The Municipal Light Board shall hire the General Manager of the Reading
Municipal Light Department and set his compensation; the General Manager shall serve
at the pleasure of the Board and'may be removed by vote of a majority of the entire
Board after notice and hearing.
The Municipal Light Board shall appoint the Accounting Manager or Chief
Accountant of the Reading Municipal Light Department and appoint counsel to the
Reading Municipal Light Department.
The Accounting Manager or Chief Accountant, as the case may be, and Counsel
shall be subject to the supervision of the General Manager.
The Municipal Light Board shall approve warrants for payments of all bills and
payroll of the Municipal Light Department and shall approve all contracts which are at or
above the competitive sealed bid procedures level as stated in M.G.L. c. 30B, Section 5,
and, further, all contracts shall be made in accordance with M.G.L. c.30B. Contracts for
purchasing of power shall not be subject to M.G.L. c.30B but shall be approved by the
Municipal Light Board.
The Municipal Light Board shall employ the Auditor appointed by the Town of
Reading Audit Committee.
The Municipal Light Board shall annually set electric rates and approve an annual
operating budget and Capital Improvements Program each fiscal year. Such approval
will be done by a majority vote of the Municipal Light Board. After the Municipal Light
Board has approved an annual operating budget and Capital Improvements Program, it
will present them to the Reading Finance Committee and Reading Town Meeting. Upon
request of any of the other towns served by the Reading Municipal Light Department, the
Municipal Light Board shall make a presentation to the Finance Committee and/or Town
Meeting of any such town(s).
/Amended April 28, 2003 (Article 7)1
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 10 With all revisions through April, 2006
46
Section 3-6: Board of Assessors
There shall be a Board of Assessors consisting of three (3) members elected for
three (3) year terms so arranged that one (1) term shall expire each year.
The Board of Assessors may appoint property appraisers and shall have all the
powers and duties given to Boards of Assessors by the Law of the Commonwealth not
inconsistent with this Charter.
(Amended November 30, 1989 (Article 36) and approved by vote of the Town on March 19, 19901
Section 3-7: Moderator
There shall be a Moderator elected for a one (1) year term. The Moderator, as
provided in Article 2, Section 2-8, shall be an ex officio representative Town Meeting
Member and shall preside and regulate the proceedings at all sessions of the Town
Meeting. He shall have all of the powers and duties given to Moderators under the
Constitution and General Laws of the Commonwealth, and such additional powers and
duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote.
The Town Moderator shall not simultaneously serve as an elected Town Meeting
Member or in any other elected municipal office in the Town.
Article 4
APPOINTED BOARDS AND COMMITTEES
Section 4-1: Communitv Plannine and Development Commission
There shall be a Community Planning and Development Commission consisting
of five (5) members appointed by the Board of Selectmen for three (3) year terms so
arranged that as nearly an equal number of terms as possible shall expire each year.
The Community Planning and Development Commission shall make studies and
prepare plans concerning the resources, developmental potential and needs of the Town.
The Community Planning and Development Commission shall report annually to the
Town giving information regarding the physical condition of the Town, and any plans or
proposals known to it affecting the resources, physical development and needs of the
Town.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
The Community Planning and Development Commission shall have the power to
regulate the subdivision of land within the Town by the adoption of Rules and
Regulations governing such development. The Community Planning and Development
Commission shall have all of the powers and duties given to Planning Boards, Boards of
Survey and Industrial Development Commissions under the Constitution and General
Laws of the Commonwealth, and such additional powers and duties as may be authorized
by the Charter, by bylaw, or by other Town Meeting vote.
Section 4-2: Board of Health
There shall be a Board of Health consisting of three (3) members appointed by the
Selectmen for three (3) year terms so arranged that one (1) term shall expire each year.
Reading Home Rule Charter I I With all revisions through April, 2006 C/
47
The Board of Health shall be responsible for the formulation and enforcement of
rules and regulations affecting the public health. It shall have all of the powers and duties
given to Boards of Health under the Constitution and General Laws of the
Commonwealth, and such additional powers and duties as maybe authorized by the
Charter, by bylaw, or by other Town Meeting vote.
Section 4-3: Housine Authority
There shall be a Housing Authority consisting of five (5) members. Four (4)
members shall be appointed by the Selectmen, the fifth (5th) member shall be a resident
of the Town, appointed by the Commonwealth or as otherwise provided by law. Housing
Authority Members shall serve for five (5) year terms so arranged that one (1) term shall
expire each year.
The Housing Authority shall have all of the powers and duties given to housing
authorities under the Constitution and General Laws of the Commonwealth, and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by other
Town Meeting vote.
Section 4-4: Board of Agneals
There shall be a Board of Appeals consisting of 5 members and 2 associate
members appointed by the Board of Selectmen for three (3) year terms so arranged that
as near an equal number of terms as possible shall expire each year.
The Board of Appeals shall have the powers and duties of Zoning Boards of
Appeal under the Constitution and General Laws of the Commonwealth and such
additional powers and duties as may be authorized by the Charter, by bylaw, or by Town
Meeting vote.
/Amended November 17, 2005 (Article 22) and approved by vote of the Town on April 4, 20061
Section 4-5: Cemeterv Trustees
There shall be a Board of Cemetery Trustees consisting of six (6) members
appointed by the Selectmen for three (3) year terms so arranged that two (2) terms shall
expire each year.
The Board of Cemetery Trustees shall be responsible for the preservation, care,
improvement and embellishment of the Town's cemeteries and burial lots therein and
such other powers and duties given to the Board of Cemetery Trustees under the
Constitution and General Laws of the Commonwealth, by the Charter, by bylaw, or by
Town Meeting vote.
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 4-6: Council on A2inp,
There shall be a Council on Aging consisting of ten (10) members appointed by
the Selectmen for three (3) year terms so arranged that as near an equal number of terms
as possible shall expire each year.
The Council on Aging shall have all the powers and duties given to Councils on
Aging by the General Laws, by the Charter, by bylaw, or by Town Meeting vote.
Reading Home Rule Charter 12 With all revisions through April, 2006 ,q
3C/
48
Section 4-7: Commissioners of Trust Funds
There shall be a Commissioners of Trust Funds consisting of five (5) members.
Three (3) shall be appointed by the Selectmen for three (3) year terms so arranged that
one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one
of their members to serve as. a full voting member ex officio, and the Town
Treasurer/Collector shall serve as a full voting member ex officio.
[Amended November 15, 2004 (Article 16) and approved by vote of tl:e Town on April 5, 20051
The Commissioners of Trust Funds shall have all the powers and duties given to
them by the Selectmen.
Section 4-8: Conservation Commission
There shall be a Conservation Commission consisting of seven (7) members
appointed by the Selectmen for three (3) year terms so arranged that as near an equal
number of terms as possible shall expire each year.
The Conservation Commission shall have all the powers and duties given to
Conservation Commissions by the General Laws, by the Charter, by bylaw, or by Town
Meeting vote.
Section 4-9: Recreation Committee
There shall be a Recreation Committee consisting of nine (9) members, eight (8)
appointed by the Board of Selectmen, and one (1) appointed by the School Committee for
three (3) year terms so arranged that three (3) terms shall expire each year.
The Recreation Committee shall be responsible for the evaluation of program
activities, formulation of overall plans for the program development, and for the
scheduling of Town parks and the field house when not in use by the School Department.
It shall also have all the powers and duties given to Recreation Committees by the
Charter, by bylaw, or by Town Meeting vote.
Section 4-10: Other Committees
. The Selectmen shall appoint the following committees and determine the number
of members and their term of appointment, not to exceed three (3) years:
(a) Land Bank Committee
(b) Town Forest Committee
(c) Historical Commission
The Board of Selectmen may establish and appoint standing advisory committees
from time to time for a specific purpose. Such committees shall be considered a
"multiple-member body" as defined in the charter, shall be appointed in accordance with
the process detailed in Section 8-12, and members shall physically reside in the Town of
Reading at the time of their appointment and during their term of office.
Any of the elected boards or committees as listed in Article 3 of the Charter may,
from time to time, establish and appoint ad hoc committees which shall serve no longer
than 12 months. The term may be extended one time only for up to an additional 12
months. Each ad hoc committee shall be considered a "multiple-member body" as
Reading Home Rule Charter 13 With all revisions through April, 2006
49
defined in the Charter, and shall be bound by all laws of the Commonwealth of
Massachusetts but shall not be required to meet the requirements of Section 8-12 of the
Reading Home Rule Charter as to the appointment process.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Article 5
TOWN MANAGER
Section 5-1: Appointment, Ouaiifications, Term
The Board of Selectmen shall appoint a Town Manager without term and fix his
compensation within the amount annually appropriated for that purpose. The Town
Manager shall not be subject to a personnel bylaw, if any. The Town Manager shall be
appointed solely on the basis of his executive and administrative qualifications. He shall
be a professionally qualified person of proven ability, especially fitted by education,
training and previous experience. He shall have had. at least five (5) years of full-time
paid experience as a City or Town Manager or Assistant City or Town Manager or the
equivalent level public or private sector experience.
The terms of the Town Manager's employment shall be the subject of a written
agreement setting forth his compensation, vacation, sick leave; benefits, and such other
matters (excluding tenure) as are customarily included in an employment agreement.
While serving as Town Manager he shall devote full time to the office (and except as
expressly authorized by the Board of Selectmen) shall not engage in any other business or
occupation and (except as expressly provided in the Charter) shall not hold any other
public office, elective or appointive, in the Town.
With the approval of the Selectmen, he may serve as the Town's representative to
regional boards, commissions and the like but shall not receive additional salary from the
Town for such services.
/Amended November 10, 1997 (Article 7) and approved by vote of the Town on March 24, 19981
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 5-2: Powers and Duties
The Town Manager shall be the Chief Administrative Officer of the Town and
shall be responsible to the Board of Selectmen for the proper administration of all Town
affairs placed in his charge by or under the Charter. The Town Manager shall have the
following powers and duties:
(a) Supervise and be responsible for the efficient administration of all
functions under his control, as may be authorized by the Charter, by
bylaw, by other Town Meeting vote, or by the Board of Selectmen,
including all officers appointed by him and their respective departments.
(b) Appoint, and may remove, subject to the civil service laws where
applicable, Treasurer-Collector, Town Clerk, Police Chief, Fire Chief, and
all other department heads, all officers and all subordinates and employees
for whom no other method of appointment is provided in the Charter,
Reading Home Rule Charter 14 With all revisions through April, 2006 C) to' 50
except persons serving under the School Committee, Municipal Light
Board and Board of Library Trustees, and appointments made by the
representatives of the Commonwealth. The Town Manager's appointment
of the Police Chief, Fire Chief and shall be subject to confirmation by the
Board of Selectmen. Any full- or part-time Department Head, under the
direct supervision of an appointed board, shall be appointed by the Town
Manager subject to approval of such appointed board. In the event that the
Board fails to take action within fourteen (14) days after notice to the
Board of the Town Manager's appointment, the Board shall be deemed to
have approved the appointment.
(c) Administer all personnel policies, practices and related matters for all
municipal employees as established by any compensation plan, personnel
policy guide or bylaw, and all collective bargaining agreements entered
into by the Board of Selectmen on behalf of the Town.
(d) Fix the compensation of all Town officers and employees appointed by
him within the limits established by the appropriations, and any
compensation plan adopted by the Town Meeting.
(e) Attend all regular and special meetings of the Board of Selectmen, except
meetings at which his own removal is to be discussed, unless excused at
his own request, and shall have a voice, but no vote, in all discussions.
(f) Attend all sessions of the Town Meetings and shall answer all questions
directed to him that are related to his office.
(g) See that all of the provisions of the General Laws, of the Charter, of the
bylaws and other Town Meeting votes, and votes of the Board of
Selectmen that require enforcement by him, or officers and employees
subject to his direction and supervision, are faithfully carried out.
(h) Prepare and submit a proposed Annual Operating Budget and a proposed
Capital Improvements Program as provided in Article 7.
(i) Assure that a full and complete record of the financial and administrative
activities of the Town is kept and shall render a full report to the Board of
Selectmen at the end of each fiscal year and at such other times as may be
required by the Selectmen.
(j) Keep the Board of Selectmen fully informed as to the financial condition
and needs of the Town and shall make such recommendations to the Board
of Selectmen as he deems necessary or expedient.
(k) Have full jurisdiction over the rental and use of all Town facilities, except
those under the jurisdiction of the School Committee, Library Trustees,
and Municipal Light Board, and properties designated by bylaw or other
Town Meeting vote. He shall be responsible for the maintenance and
repair of all Town property which is designated to be under his control.
Reading Home Rule Charter 15 With all revisions through April, 2006
-1 C/
51
(1) May at any time inquire into the conduct of any officer, employee or
department under his control.
(m) Keep a full and complete inventory of all property of substantial value
belonging to the Town, both real and personal.
(n) Be responsible for the negotiation of,all contracts involving any subject
within his jurisdiction and approve the awarding thereof.
(o) Be responsible for purchasing all supplies, materials and equipment,
except those of the School Committee and the Light Board; approve the
award of all contracts for all departments and activities of the Town except
those of the School Committee and Light Board; examine and inspect, or
cause to be examined and inspected, the quality, quantity and conditions
of materials, supplies or equipment delivered to or received by any Town
agency; and examine services performed for any Town agency secured
through the purchasing procedure.
(p) Be deemed to be the Executive Officer of the Town under General Laws,
C. 258.
(q) Perform any other duties required of him by the Charter, by bylaw, by
other Town Meeting vote, or by the Board of Selectmen.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 5-3: Ombudsman
The Town Manager shall appoint himself or some other full-time employee in his
office to act as an Ombudsman to all citizens in their day-to-day contacts and dealings
with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to
direct the citizens to the proper officer, board or committee to deal with the citizen's
problem; (b) to set up appointments for citizens to meet with directors, department heads
and boards; (c) to provide citizens with access to public information within the Town
and; (d) to otherwise serve the public in connection with their dealings with the Town.
The office of the Town Ombudsman shall be clearly and conspicuously marked within
the Town Hall.
jAmended November 15, 2004 (Article 16) and approved by vote of the Tows: on April 5, 20051
Section 5-4: Acting Town Manager
(a) Temporarv Absence - By letter filed with the Town Clerk and the Board
of Selectmen, the Town Manager shall designate a qualified Town officer
or employee to serve as acting Town Manager during any temporary
absence anticipated not to exceed ten (10) working days.
(b) Long-Term Absence - In the event of the absence, incapacity or illness of
the Town Manager in excess of ten (10) working days, the Board of
Selectmen shall appoint a qualified Town officer or employee to serve as
Acting Town Manager until the Town Manager returns.
1A mended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 16 With all revisions through April, 2006
52
(c) Vacancy - When the office of Town Manager is vacant, or the Town
Manager is under suspension as provided in Section 5-5, the Board of
Selectmen shall appoint a qualified Town officer or employee to serve as
Acting Town Manager until the vacancy is filled or the suspension has
been terminated. In the event of vacancy, the Board of Selectmen shall
initiate recruitment for a new Town Manager without delay and shall
appoint a new Town Manager within one hundred twenty (120) days.
(d) Term - No appointment of an Acting Town Manager may exceed ten (10)
working days whereupon the appointment may be renewed or another
Acting Town Manager appointed.
(e) Powers - The powers of an Acting Town Manager are limited to routine
matters requiring immediate action and to making emergency temporary
appointments to any Town office or employment within the scope of the
Town Manager's responsibilities.
Section 5-5: Removal Procedures
The Board of Selectmen may remove the Town Manager from office as follows:
(a) Notice - By affirmative vote of a majority of its members, the Board of
Selectmen may adopt a preliminary resolution of removal setting forth in
reasonable detail the reason or reasons for the proposed removal. The
preliminary resolution may suspend the Town Manager for a period not to
exceed forty-five (45) days. A copy of the resolution shall be delivered to
the Town Manager forthwith following its adoption.
(b) Public Hearing - Within five (5) days after the delivery of the preliminary
resolution of removal, the Town Manager may request a public hearing on
the reasons cited for removal by filing a written request therefor with the
Board of Selectmen. The hearing shall be convened by the Board of
Selectmen not less than twenty (20) nor more than thirty (30) days after a
request is filed. Not less than five (5) days prior written notice of the date
upon which the hearing will commence shall be given to the Town
Manager at his last known address. The time limitations set forth herein
may be waived in writing by the Town Manager. The Town Manager
shall be entitled to file a written statement with the Board of Selectmen
responding to the reasons cited for the proposed removal, provided the
same is received by the Board of Selectmen not less than forty-eight (48)
hours in advance of the time set for the commencement of the public
hearing. The Town Manager may be represented by counsel at the public
hearing. He shall be entitled to present evidence, call witnesses and,
personally or through counsel, question any witnesses appearing at the
hearing.
/Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
(c) Removal - If the Town Manager does not request a public hearing, then
upon the expiration of ten (10) days from the date of delivery to him of the
preliminary resolution of removal, or if the Town Manager does request a
Reading Home Rule Charter 17 With all revisions through April, 2006 Gr'
53
public hearing, then rive (5) days from the completion of the public
hearing or forty-five (45) days from the date of the adoption of the
preliminary resolution, whichever occurs later, the Board of Selectmen
may by a vote of a majority of its members adopt a final resolution of
removal that shall be effective upon adoption. Failure to adopt a final
resolution of removal within the time limitations provided in this section
shall nullify the preliminary resolution of removal. The action of the
Board of Selectmen in suspending or removing the Town Manager shall
be final, it being the intention of this provision to vest all authority and fix
all responsibility for such suspension or removal in the Board of
Selectmen. The Town Manager shall continue to receive his salary until
a final resolution of removal has become effective.
(d) Severance - Upon the termination of the Town Manager's appointment,
whether voluntary or otherwise, he shall receive termination pay as
determined by the Board of Selectmen, not to exceed twelve (12) months
salary in total. To be eligible for this benefit upon voluntary termination,
the Town Manager must give the Board of Selectmen sixty (60) days
written notice of intent to leave. This benefit will not be available if the
Town Manager is terminated for cause.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Article 6
ADMINISTRATIVE ORGANIZATION
Section 6-1: Creation of Departments. Agencies and Offices
The organization of the Town into operating agencies shall be accomplished
through the establishment of an Administrative Code, either by adoption of a bylaw or by
the adoption of a Table of Organization, both as provided in this section:
(a) Bvlaws - Subject only to express prohibitions in the Constitution, the
General Laws or the Charter, the Town Meeting may, by bylaw, approve
the reorganization, consolidation, or abolishment of any Town agencies, in
whole or in part, and the establishment of such new Town agencies as it
deems necessary or advisable. It may prescribe the functions of any Town
agency.
(b) Table of Oreanization - Subject only to express prohibitions in the
Constitution, the General Laws or the Charter, the Board of Selectmen,
after consultation with the Town Manager, may from time to time, prepare
and submit to the Town Meeting for approval a table of organization or
reorganization, or amendments to any existing table of organization for the
orderly, efficient or convenient conduct of the business of the Town.
Reading Home Rule Charter 18 With all revisions through April, 2006
~r
3 1✓
54
The administrative code may reorganize, consolidate or abolish any Town
agencies in whole or in part and establish such new Town agencies as it deems necessary
or advisable. It may prescribe the functions of any Town agency and, for such purpose,
transfer the powers and duties and, so far as is consistent with the use for which the funds
were voted by the Town, transfer the appropriations of one Town agency to another.
However, no function assigned by the Charter to a particular Town agency may be
discontinued, or unless the Charter specifically so provides, assigned to any other.
Whenever the Board of Selectmen prepares such a bylaw or table, the Board shall
hold one or more public hearings on the proposal giving notice by publication in a local
newspaper not less than seven (7) days in advance, which notice shall describe the scope
of the proposal and the time and place at which the hearing shall be held. Following such
public hearing the Board of Selectmen shall submit to the Town Meeting, by Warrant
Article, its proposed Administrative Code which it may have modified subsequent to the
public hearing.
An administrative code shall become effective at the expiration of ninety (90)
days following the date of the Town Meeting at which the proposal is submitted, unless
the Town Meeting shall, by a majority vote within that time, vote to disapprove the code.
The Town Meeting may vote only to approve or disapprove the administrative
code and may not vote to amend or alter it, except that a substitute motion may be moved
by a majority of the Board of Selectmen.
Section 6-2: Publication of Administrative Code and Table of Organization
For the convenience of the public, the administrative code, if adopted as a Table
of Organization, shall be printed as an appendix to, but not an integral part of, the bylaws
of the Town. The Table of Organization shall also be published annually in the Town
Report.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 6-3: Department of Public Works
(a) Establishment and Scope - There shall be a Department of Public Works
responsible for the performance of all public works activities of the Town
placed under its control by the Charter, by bylaw, by administrative code
or otherwise including, but not limited to, protection of natural resources,
maintenance of all municipal buildings and grounds except those of the
School and Municipal Light Departments, water supply and distribution,
sewers and sewerage systems, streets and roads, parks and playgrounds,
refuse collection and disposal, forestry services, and cemetery services.
The Department of Public Works shall assume all of the duties and
responsibilities in the performance of public works functions including,
but not limited to, those performed prior to the adoption of the Charter by
or under the authority of the Department of Public Works.
(b) Director of Public Works - The Department of Public Works shall be
under the direct control of a Director of Public Works who shall be
appointed by and who shall be directly responsible to the Town Manager.
Reading Home Rule Charter 19 With all revisions through April, 2006
55
The Director of Public Works shall serve at the pleasure of the Town
Manager. He shall be a person especially fitted by education, training and
previous experience to perform the duties of the office.
The Director of Public Works shall be responsible for the
supervision and coordination of all divisions within the department in
accordance with State statutes, Town bylaws, administrative code and
directives of the Town Manager.
(c) Policv Formulation - The Board of Selectmen, acting through the Town
Manager, shall be responsible for the overall supervision of the
Department of Public Works and for the establishment of policies and
priorities to govern the operation of the department.
The Board of Selectmen shall have the same power to adopt rules
and regulations and grant licenses previously given by law to the
Department of Public Works and its predecessor water, sewer and park
commissions.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
Section 6-4: Town Counsel
Appointment, Oualifications. Term of Office - The Board of Selectmen each year shall
appoint a Town Counsel and fix his compensation within the amount annually
appropriated for that purpose. The person appointed and employed by the Selectmen as
Town Counsel shall be a member in good standing of the bar of the Supreme Judicial
Court of Massachusetts and of all other courts before which he has been admitted to
practice. Any Special Counsel employed by the Selectmen shall be a member in good
standing of the bar of all courts before which he has been admitted to practice.
Powers and Duties - In addition to those duties which the Selectmen may request or
authorize the Town Counsel to perform, he shall have the following powers and duties:
(a) The Town Counsel shall examine and report to the Town Manager upon
the title to any land to be acquired by the Town or any Town agency.
(b) The Town Counsel shall, when requested, advise with respect to all
contracts, bonds, deeds and other legal instruments to which the Town is a
party, or in which any right or interest of the Town is involved.
(c) The Town Counsel shall advise all Town agencies and officers regarding
legal questions relating to their powers and duties.
(d) The Town Counsel, when requested by the Board of Selectmen, shall
appear and conduct, or assist in the conduct of the prosecution, defense or
compromise of any claims, actions and proceedings by, on behalf of, or
against the Town or any Town agency.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Horne Rule Charter 20 With all revisions through April, 2006
56
Section 6-5: Town Accountant
Apn.ointment, Oualification, Term of Office - There shall be a Town Accountant,
appointed by the Board of Selectmen. The Town Accountant shall be qualified in
accordance with State law, and shall have at least three (3) years prior full time
accounting experience. The Town Accountant shall devote his entire time to the
performance of his duties and the supervision of the employees of his department. The
Town Accountant shall be appointed in March of every year for a one (1) year term to
run from the first day of the following April and shall serve until the qualification of his
successor. The Town Accountant may be removed by the Board of Selectmen for cause
and the vacancy filled by them in the same manner as an original appointment for the
remainder of the unexpired term.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Powers and Duties - The Town Accountant shall be subject to the supervision of the
Town Manager. He shall have, in addition to the powers and duties conferred and
imposed upon Town Accountants by General Laws, the following powers and duties:
(a), He shall prescribe the methods of installation and exercise supervision of
all accounting records of the several Town officers and agencies.
However, any change in the system of accounts shall first be discussed
with the Town Manager and the Town agencies affected.
(b) He shall establish standard practices relating to all accounting matters and
procedures and the coordination of systems throughout the Town,
including clerical and office methods, records, reports and procedures as
they relate to accounting matters. He shall prepare and issue rules,
regulations and instructions relating thereto that, when approved by the
Town Manager, shall be binding upon all Town agencies and employees.
(c) He shall draw all Warrants upon the Town Treasurer for the payment of
bills, drafts and orders chargeable to the several appropriations and other
accounts.
(d) Prior to submitting any Warrant to the Town Manager, he shall examine
and approve as not being fraudulent, unlawful or excessive, all bills, drafts
and orders covered thereby. In connection with any such examinations, he
may make inspection as to the quality, quantity and condition of any
materials, supplies or equipment delivered to or received by any Town
officer or agency. If, upon examination, it appears to the Town
Accountant that any such bill, draft or order is fraudulent, unlawful or
excessive, he shall immediately file with the Town Manager and Town
Treasurer and Chairman of the Finance Committee a written report of his
findings.
(e) He shall be responsible for a continuous audit of all accounts and records
of the Town wherever located.
Reading Home Rule Charter 21 With all revisions through April, 2006
57
Vacancv - If the Town Accountant is unable to perform his duties because of disability
or absence, or if the office is vacant because of resignation, dismissal or death, the Board
of Selectmen may appoint a temporary Town Accountant to hold such office and exercise
the powers and perform the duties until the Town Accountant who was disabled or absent
resumes his duties, or until another Town Accountant is duly appointed. Said temporary
appointment shall be in writing, signed by the Board of Selectmen and filed in the office
of the Town Clerk.
Section 6-6: Town Treasurer-Collector
Appointment, Oualifications. Term of Office - There shall be a Town Treasurer-
Collector, appointed by the Town Manager for a term of one year. The Town Treasurer-
Collector shall be qualified in accordance with State law. The Town Treasurer-Collector
shall devote his entire time to the performance of his duties and the supervision of the
employees of his department.
/Amended Novernber 15,2004 (Article 16) and approved by vote of the Town on April 5, 20051
The Town Treasurer-Collector shall be appointed in March of every year for a
one (1) year term to run from the first day of the following April and until the
qualification of his successor. The Town Treasurer-Collector may be removed by the
Town Manager for cause, and the vacancy filled by him in the same manner as an
original appointment, for the remainder of the unexpired term.
Powers and Duties - The Town Treasurer-Collector shall be subject to the supervision
of the Town Manager. He shall have, in addition to the powers and duties conferred and
imposed upon Town Treasurers and Town Collectors, by General Laws, the following
powers and duties:
(a) The Town Treasurer-Collector shall supervise and be responsible for the
collection and receipt of all sums and accounts due, owing or paid to the
Town including taxes and fees, and shall act as the Town Collector of
Taxes.
(b) The Town Treasurer-Collector shall report to the Town Manager at such
times as he may direct or as he may deem appropriate,. but at least semi-
annually, as to all uncollected claims or accounts due or owing to the
Town, Such reports shall include the Town Treasurer-Collector's
recommendations as to whether suit should be instituted on behalf of the
Town for the establishment or collection of any claim or account for the
benefit of the Town.
(c) The Town Treasurer-Collector shall supervise and be responsible for the
prompt deposit, safekeeping and management of all monies collected or
received by the Town.
(d) The Town Treasurer-Collector shall be the custodian of all funds, monies,
securities or other things of value which are or have been given,.
bequeathed or deposited in trust with the Town for any purpose,. including
the preservation, care, improvement or embellishment of any of the
Reading Home Rule Charter 22 With all revisions through April, 2006
58
Town's cemeteries or burial lots therein. The Town Treasurer-Collector
shall invest the same as directed by the Board of Cemetery Trustees and the
Board of Trust Fund Commissioners and shall distribute the income
therefrom on the order of said trustees or Trust Fund Commissioners.
Article 7
FINANCES AND FISCAL PROCEDURES
Section 7-1: Fiscal Year
The fiscal year of the Town shall begin on July first (1") and end on June thirtieth
(30`), unless another provision is made by General Law.
Section 7-2: Submission of Proposed Budget
At least four (4) months before the start of the fiscal year, the Town Manager
shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with
an accompanying budget message and supporting documents.
He shall simultaneously provide for the publication in a local newspaper of a
general summary of the proposed budget, and a notice stating the times and places where
complete copies of his proposed budget shall be available for examination by the public.
Section 7-3: School Committee Budget
The budget adopted by the School Committee shall be submitted to the Town
Manager in sufficient time to enable him to prepare the total Town budget he is required
to submit by Section 7-2.
(a) Public Hearing - At least fourteen (14) days before the meeting at which
the School Committee is to vote on its final budget request, the School
Committee shall cause to be published in a local newspaper a general
summary of its proposed budget; The summary shall indicate specifically
any major variations from the present budget and the reasons for such
variations and a notice stating (1) the times and places where
complete copies of the budget shall be available or examination by the
public, and (2) the date, time and place, not less than seven (7) nor more
than fifteen (15) days following such publication, when a public hearing
shall be held by the School Committee on the proposed budget.
(b) Adoption - The action of the School Committee in adopting the budget
following the public hearing shall be summarized and the vote shall be
duly recorded.
Section 7-4: BudLyet Messaue
The budget message submitted by the Town Manager shall explain the proposed
budget for all Town agencies, both in fiscal terms and in terms of work programs. It shall
outline proposed financial policies of the Town for the ensuing fiscal year; describe
Reading Home Rule Charter 23 With all revisions through April, 2006
59
important features of the budget; indicate any major variations from the budget for the
current year in financial policies, expenditures and revenues together with the reasons for
such changes; summarize the Town's debt position and include such other material as the
Town Manager deems desirable.
Section 7-5: The Proposed Budget
The proposed budget shall provide a complete financial plan of all Town funds
and activities, including the budget as requested by the School Committee for the ensuing
year. Except as may otherwise be required by General Law or by the Charter, it shall be
in the form the Town Manager deems desirable. In his presentation of the budget, the
Town Manager shall make use of modern concepts of fiscal presentation so as to furnish
a maximum amount of information and the best financial control. The budget shall be so
arranged as to show the actual and estimated income and expenditures for the previous,
current and ensuing fiscal years and shall indicate in separate sections:
(a) Proposed expenditures for current operations during the ensuing fiscal
year, detailed by Town agency, function a3nd work programs, and the
proposed methods of financing such expenditures.
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by
Town agency, and the proposed method of financing each such capital
expenditure.
(c) Estimated surplus revenue and free cash at the end of the current fiscal
year, including estimated balances in any special accounts established
for specific purposes.
(d) Set forth all encumbered funds from prior fiscal years.
Section 7-6: Action on the Budget
(a) Public Hearing - The Finance Committee shall, forthwith upon receipt of
the proposed budget, provide for publication in a local newspaper of a
notice stating the date, time and place, not less than five (5) nor more than
fourteen (14) days following such publication, when a public hearing shall
be held by the Finance Committee on the proposed budget.
(b) Finance Committee Meetings - The Finance Committee shall consider in
public meetings the detailed expenditures for each Town agency proposed
by the Town Manager, and may confer with representatives of any such
agency in connection such considerations. The Finance Committee may
require the Town Manager or any other Town agency to provide such
additional information as it deems necessary or desirable in furtherance of
its responsibility.
(c) Presentation to the Town Meeting - The Finance Committee shall file a
report of its recommendations with the Town Clerk in sufficient time to be
distributed to all Town Meeting Members at least fourteen (14) days
before the action on the budget article is to begin. The budget to be acted
Reading Home Rule Charter 24 With all revisions through April, 2006
60
upon by the Town Meeting shall be the budget as proposed by the Finance
Committee which budget may be amended by the Town Meeting.
(d) All Warrant Articles requiring an appropriation in excess of five hundred
dollars ($500.00) shall be integrated into the Town Manager's budget, and
shall be considered and reported thereon by the Finance Committee.
Section 7-7: Capital Improvements Program
The Town Manager shall submit a Capital Improvements Program to the Board of
Selectmen and the Finance Committee at least thirty (30) days before the date fixed for
submission of his proposed budget. It shall contain (a) a clear, concise general summary
of its contents; (b) a list of all capital improvements proposed to be undertaken during the
ensuing five (5) years, with supporting information as to the need for each capital
improvement; (c) cost estimates, methods of financing and recommended time schedules
for each improvement and (d) the estimated annual cost of operating and maintaining
each facility and piece of major equipment involved. This information is to be annually
revised with regard to the capital improvements still pending or in the process of being
acquired, improved or constructed.
Section 7-8: Financial Public Records
Statements summarizing the budget and the Capital Improvements Program and
related Warrant Articles, as adopted by the Town Meeting, shall be made available in the
office of the Town Manager for examination by the public not more than, twenty (20)
days after their adoption.
Section 7-9: Approval of Financial Warrants
Warrants for the payment of Town funds prepared by the Accountant in
accordance with the provisions of the General Laws shall be submitted to the Town
Manager. The approval of any such Warrant by the Town Manager shall be sufficient
authority to authorize payment by the Town Treasurer but the Board of Selectmen shall
approve all Warrants in the event of a vacancy in the office of Town Manager.
Article 8
GENERAL PROVISIONS
Section 8-1: Charter Chances
This Charter may be replaced, revised or amended in accordance with the
procedures made available by Article LXXXIX of the amendments to the Constitution of
the Commonwealth and the provisions of General Laws, C. 43B. In general terms, this
means that any provision of this Charter, except as to the composition, mode of election
or appointment, or terms of office of the legislative body, the Board of Selectmen or
Town Manager can be changed by a two-thirds vote of the Town Meeting approved by
the voters at the next Town Election.
[Amended November 19, 2001 (Article 11)]
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 25 With all revisions through April, 2006
61
Section 8-2: Severabitity
The provisions of the Charter are severable. If any provision of the Charter is
held invalid, the other provisions of the Charter shall not be affected thereby. If the
application of the Charter or any of its provisions to any person or circumstance is held
invalid, the application of the Charter and its provisions to other persons and
circumstances shall not be affected thereby.
Section 8-3: Specific Provisions Prevail
To the extent that any specific provision of the Charter shall conflict with any
provision expressed in general terms, the specific provision shall prevail.
Section 8-4: References to General Laws
All references to the General Laws contained in the Charter refer to the General
Laws of the Commonwealth of Massachusetts and are intended to include any
amendments or revisions to such chapters and sections or to the corresponding chapters
and sections of any rearrangement of the General Laws enacted subsequent to the
adoption of the Charter.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
Section 8-5: Computation of Time
In computing time under the Charter, if seven (7) days or less, only business days
not including Saturdays, Sundays.or legal holidays shall be counted; if more than seven
(7) days, every day shall be counted.
Section 8-6: Number and Gender
Words importing the singular number may extend and be applied to several
persons or things, words importing the plural number may include the singular, and
words importing the masculine gender shall include the feminine gender.
Section 8-7: Definitions
Unless another meaning is clearly apparent from the manner in which the word is
used, the following words as used in the Charter shall have the following meanings:
(a) Charter - The word "Charter" shall mean this Charter and any
amendments to it made through any of the methods provided under Article
LXXXIX of the amendments to the State Constitution.
(.b) Exoffcio - A member of any multiple-member body, except a member of
the Rules Committee, who, by virtue of his office or position, is appointed
to an ad hoc or other multiple-member body. A person serving as an
exofficio member shall not be required to take an additional oath of office
to serve in such capacity.
(c) Librarv - The word "Library" shall mean the Reading Public Library and
any branch or branches that may be established thereof.
(d) Local Newspaper - The word "local newspaper" shall mean a newspaper
of general circulation within the Town.
Reading Home Rule Charter 26 With all revisions through April, 2006 pe
62
(e) Majoritv Vote - The word "majority vote" shall mean as to the Town
Meeting a majority of those present and voting provided that a quorum of
the body is present. As to all multiple-member bodies, the affirmative vote
of a majority of all its members shall be necessary to adopt any motion,
order, appointment or approval to take any action not entirely procedural
in nature.
(f) Multiple-Member Bodv - The word "multiple-member body" shall mean
any Board, Commission or Committee consisting of two or more persons,
whether elected or appointed.
(g) Precinct - The word "precinct" shall mean the areas into which the Town
is divided for the purpose of electing Town Meeting Members.
(h) Town - The word "Town" shall mean the Town of Reading.
(i) Town Aeenev - The words "Town Agency" shall mean any Board,
Commission, Committee, department or office of the Town Government
whether elected, appointed or otherwise constituted.
(j) Town Bulletin Boards - The words "Town Bulletin Boards" shall mean
the bulletin boards on which official Town notices are posted.
(k) Town Meeting - The words "Town Meeting" shall mean the
representative Town Meeting of the Town established by Article 2.
(1) Town Officer - The words "Town Officer" shall mean an elected or
appointed official of the Town who, in the performance of his duties of
office, exercises some portion of the sovereign power of the Town,
whether great or small; however, it shall not include a Town Meeting
Member. A person may be a Town Officer whether or not he receives any
compensation for his services.
(m) Voters - The word "Voters" shall mean registered voters of the Town.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 8-8: Rules and Regulations
A copy of all Rules and Regulations adopted by any Town agency shall be filed in
the office of the Town Clerk and made available for review by any person who requests
such information. Such Rules and Regulations adopted subsequent to the adoption of this
Charter shall not become effective until ten (10) days following the date they are so filed.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 8-9: Reenactment and Publication of Bwlaws
Within one (1) year of the adoption of this Charter and at intervals of not more
than ten (10) years thereafter, proposed revisions or recodification of the bylaws of the
Town shall be presented to Town Meeting by the Bylaw Committee.
Reading Home Rule Charter 27 With all revisions through April, 2006,
63
At least four (4) months prior to the Town Meeting at which action under this
section is to be taken, the Committee shall cause to be published in a local newspaper: (a)
a report summarizing its recommendations and noting the times and places within the
Town where complete copies of the report shall be available for inspection by the public,
and (b) the date, time and place not less than two weeks following such publication when
a public hearing shall be held by the committee on the preliminary report.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 8-10: Procedures of Multiple-Member Bodies
(a) MeetinErs - All multiple-member bodies of the Town whether elected,
appointed or otherwise constituted shall meet at such times and places
within the Town as they may, by their own roles, prescribe. Special
meetings of any multiple-member body shall be held on the call of the
respective chairman or by a majority of the members thereof by suitable
written notice delivered to the residence or place of business of each
member at least twenty-four (24) hours in advance of the time set. A
notice of each meeting shall be posted at least forty-eight (48) hours in
advance on the Town Bulletin Board, except in the event of an emergency
meeting within the meaning of General Laws, C. 39. All meetings of all
multiple-member bodies shall, at all times, be open to the public and to the
press except as may otherwise be authorized by law.
(b) Rules and Minutes - Each multiple-member body shall determine its own
rules and order of business unless otherwise provided by the Charter or by
bylaw and shall provide for keeping minutes of its proceedings. These
rules and minutes shall be a public record kept in the office of the Town
Clerk, and copies shall be kept available in the Library.
(c) Votine - Except on procedural matters, all votes of all multiple-member
bodies shall be taken by a show of hands, or roll call vote, the results of
which shall be recorded in the minutes.
(d) Ouorum - A majority of the members of the multiple-member body shall
constitute a quorum, but a smaller number may adjourn from time to time.
(Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 8-11: Elections
(a) Annual Town Elections - The election of Town Officers and Town
Meeting Members, and referenda questions shall be acted upon and
determined by voters on official ballots without party or other designation
on the date fixed in the bylaws of the Town.
(b) Procedures - All elections conducted pursuant to this Charter shall be
conducted in accordance with the election laws of the Commonwealth of
Massachusetts.
(c) Any town-wide election shall be held at the same time in each precinct at
the place designated by the Selectmen.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 28 With all revisions through April, 2006
64
Section 8-12: Vacancies on Boards. Committees, and Commissions
Whenever a new Standing Committee is established, or a vacancy occurs on any
existing Board, Committee, or Commission, which vacancy is to be filled by the Board of
Selectmen or any multiple-member body, whether such vacancy is by reason of death,
resignation, expiration of a 'fixed term for which a person has been appointed, or
otherwise, the Board of Selectmen or other appointing authority shall forthwith cause
public notice of the vacancy to be posted on the Town Bulletin Board for not less than
fifteen (15) days. Any person who desires to be considered for appointment to the
position may, within fifteen (15) days following the date notice is posted and up until the
time the position is actually filled, file with the Town Clerk a statement setting forth in
clear and specific terms his qualifications for the position.
[Amended November 13, 1986 (Article 17) and approved by vote of the Town on March 23, 19871
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 8-13: Recall Procedures
(a) Application - Any holder of an elective office, other than a Town Meeting
Member, with more than six (6) months remaining in the term for which
he was elected, may be recalled therefrom by the voters in the manner
provided in this section.
(b) Recall Petition - Two hundred and fifty (250) or more voters may file
with the Town Clerk an affidavit containing the name of the officer whose
recall is sought and a sworn statement of the grounds upon which the
petition is based. At least twenty-five (25) names of voters shall be from
each of the eight precincts into which the Town is divided. The Town
Clerk shall, within twenty-four (24) hours of receipt, submit the
petitions to the Registrars of Voters who shall forthwith certify thereon the
number of signatures that are names of voters.
If the petitions contain sufficient signatures, the Town Clerk shall
thereupon deliver to the first ten voters listed upon the affidavit, petition
blanks in such number as requested demanding such recall, printed forms
of which he shall keep available..The blanks shall be issued by the Town
Clerk with his signature and official seal attached thereto. They shall be
dated, shall be addressed to the Board of Selectmen, shall contain the
names of all persons to whom they are issued, the name of the person
whose recall is sought, the grounds for recall as stated in the affidavit, and
shall demand the election of a successor to the said office. A copy of the
affidavit shall be entered in a record book to be kept in the office of the
Town Clerk. The recall petitions shall be returned and filed with the Town
Clerk within twenty-one (21) days following the date of the filing of the
affidavit, signed by at least ten percent (10%) of the voters and containing
their names and addresses. However, not more than twenty-five percent
(25%) of the total number shall be from any one precinct.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Reading Home Rule Charter 29 With all revisions through April, 2006
65
(c) Recall Election - If the petition shall be certified by the Town Clerk to be
sufficient, he shall forthwith submit the same with his certificate to the
Board of Selectmen. Upon its receipt of the certificate, the Board of
Selectmen shall forthwith give written notice of such petition and
certificate to the officer whose recall is sought by mailing the same
postage prepaid to his address as shown on the most recent voting list and
posting such notice on one or more of the Town Bulletin Boards. If said
officer does not resign his office within five (5) days after the date of such
notice, the Board of Selectmen shall order an election to be held not less
than thirty-five (35) nor more than sixty (60) days after the date of the
Town Clerk's certificate of the sufficient petition. If, however, any other
Town Election is to occur not less than thirty-five (35) nor more than sixty
(60) days after the date of the certificate, the Board of Selectmen shall
hold the recall election on the date of such other election.
If a vacancy occurs in said office after as recall election has been
ordered, the election shall nevertheless proceed as provided in this section,
and the ballots for candidates shall, notwithstanding a recall provision to
the contrary, be counted to determine a successor in office.
(d) Nomination of Candidates - Any officer whose recall is sought may not
be a candidate to succeed himself in the recall election. The nomination of
candidates, the publication of the Warrant for the recall election, and the
conduct of same shall all be in accordance with the provisions of law
relating to elections.
(e) Propositions on Ballot - Ballots used in a recall election shall state the
following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Adjacent to each proposition, there shall be a place to vote for either of
the said propositions. After the proposition shall appear the word
"candidates" and the names of candidates nominated as required in Section
42 of Chapter 54 of the General Laws. If a majority of the votes cast upon
the question of recall is in the affirmative, the candidate receiving the
highest number of votes shall be declared elected. If a majority of votes
on the question is in the negative, the ballots for candidates need not be
counted except as provided in (c) above.
(f) Office Holder - The incumbent shall continue to perform the duties of his
office until the recall election. If he is not recalled in the election, he shall
continue in office for the remainder of his unexpired term, subject to recall
as before, except as provided in this section.
Reading Home Rule Charter 30 With all revisions through April, 2006
66
If he is recalled in the election, he shall be deemed removed upon
the qualification of his successor who shall hold office during the
unexpired term. If the successor fails to qualify within five days after
receiving notification of his election, the incumbent shall thereupon be
deemed removed and the office vacant.
(g) Repeat of Recall Petition - No recall petition shall be filed against an
officer within three (3) months after he takes office, or in the case of an
officer subjected to a recall election and not recalled thereby, until at least
six (6) months after the election at which his recall was submitted to the
voters.
Section 8-14: Removal of Appointees
Appointing authorities may remove for cause appointees to boards, commissions,
committees and offices.
Section 8-I5: ResiLynation of Town Officers
Any person holding an elective or appointive office may resign his office by filing
a resignation with the Town Clerk, and such resignation shall be effective immediately,
unless a time certain is specified therein when it shall take effect.
Section 8-16: Town Seal
The Town Seal in existence at the time of adoption of this Charter shall continue
to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or
documents issued from any office or board of the Town may be attested by use of the
Town Seal.
Article 9
TRANSITIONAL PROVISIONS
Section 9-1: Continuation of Existins Laws
(a) All bylaws, resolutions, rules, regulations, and votes of the Town Meeting
which are in force at the time this Charter is adopted, not inconsistent with
the provisions of this Charter, shall continue in force until amended or
repealed, including bylaws, if any, which have been passed and have been
approved by the Attorney General but have not yet been published.
(b) Where provisions of this Charter conflict with provisions of Town bylaws,
rules, regulations, orders, and special acts and acceptances of General
Law, the Charter provisions shall govern. All provisions of Town Bylaws,
rules, regulations, orders, and special laws not superseded by this Charter
shall remain in force.
Section 9-2: Continuation of Government
(a) All contracts or obligations entered into by the Town prior to the effective
date of this Charter shall continue in full force and effect.
Reading Home Rule Charter 31 With all revisions through April, 2006
67
(b) No actions or proceedings, whether civil or criminal, pending at the time
this Charter shall take effect, brought by or against the Town or any
department, board or commission or other Town agency, shall be affected
or abated by the adoption of this Charter or by anything therein contained.
(c) All taxes levied or assessed by the Town prior to the effective date of this
Charter which have not been collected by the Town shall be collected,
with any penalties thereon, by the duly established Town Government and
officers under this Charter.
Section 9-3: Continuation of Personnel
No person employed by the Town on a permanent full-time basis as of March 1 st,
in the year of the adoption of this Charter, except elected officials and the Executive
Secretary, shall forfeit his pay grade or time in service as a result of the enactment of this
Charter. Each such person shall be retained in a capacity as similar to his former capacity
as is practical. No such person shall be removed from his position without due cause.
Each elected official serving in a paid position in the Town on said March l st, shall be
retained in a capacity as similar to his former capacity as is practical until the expiration
of his elected term, or for a period of two (2) years from such date whichever is later, at
not less than his current rate of pay. The Executive Secretary shall be retained at not less
than his current rate of pay until the date which is thirty (30) days after the initial Town
Manager begins work, after which the position of Executive Secretary shall be
eliminated.
Section 9-4: Transfer of Records and Property
All records, property and equipment whatsoever of any agency or part thereof, the
powers and duties of which are assigned in whole or in part to another agency, shall be
transferred forthwith to such assigned agency.
Section 9-5: Time of Effect
The Charter shall become fully effective on July lst of the year receiving its
approval by the voters, except as otherwise provided in this section:
(a) Until such time as the Town Meeting acts, by bylaw or by other Town
Meeting vote, to establish a different method of notification of its sessions
shall be in accordance with present Town bylaw.
(b) As of July 1 st, in the year in which this Charter is adopted, the Board of
Public Works and the Planning Board shall be abolished, and the
Selectmen shall appoint the members of the Community Planning and
Development Commission. Two members shall be appointed for three (3)
year terms, two (2) shall be appointed for two (2) year terms, and one (1)
shall be appointed for a one (1) year term.
(c) The Board of Selectmen shall, immediately following the election at
which the Charter is adopted, initiate procedures to recruit a Town
Manager. To assist in the recruitment process, the Selectmen shall appoint
Reading Home Rule Charter 32 With all revisions through April, 2006
68
a Citizen's Screening Committee of not less than three (3) nor more than
five (5) members to recommend to the Selectmen by majority vote of all
members of the committee not more than five (5) candidates for
appointment as Town Manager. There shall be a widespread, diligent
search for candidates to be considered.
The appointment to fill this position shall be made effective not
later than November Ist in the year in which this Charter is adopted. The
initial Town Manager shall receive upon his appointment a starting salary
of not less than $40,000 per year.
(d) All elected officials serving in positions which have heretofore been
elected and who shall henceforth be appointed under the provisions of this
Charter shall serve for the balance of their terms but their successors shall
be appointed.
(e) The powers and duties of the Industrial Development Commission shall be
transferred to the Community Planning and Development Commission on
July I st of the year in which this Charter is adopted. The sole exception
shall be the Industrial Development Commission's activities in producing,
distributing and reviewing the request for proposal as authorized by the
November 1985 Town Meeting which activities may continue until
September 30, 1986, at which time the Industrial Development
Commission shall be abolished.
(f) The Municipal Light Board shall continue to consist of three (3) members
until the first Town Election after adoption of this Charter.
At such election, three new members shall be elected: one member
shall be elected to the three year term scheduled to expire at such election,
one member shall be elected to a new three year term, and one member
shall be elected to a new two year term. The two persons receiving the
highest number of votes in such election shall serve for three (3) years,
and the person receiving the third highest number of votes shall serve for
two (2) years.
Section 9-6: Comuosition of Certain Boards
Not later than July Ist in the year in which this Charter is approved by the voters,
the Selectmen shall petition the State Legislature for the passage of special legislation to
permit the following boards to consist of the number of members provided in Articles 3
and 4 of this Charter: School Committee - six (6) members, Board of Library Trustees -
six (6) members, Cemetery Trustees - six (6) members and Council on Aging - ten (10)
members. If such legislation is not enacted by the third July 1 st following the adoption of
this Charter, such boards shall consist of the following number of members: School
Committee - seven (7) members, Board of Library Trustees - nine (9) members,
Cemetery Trustees - five (5) members and Council on Aging - nine (9) members.
[Special Legislation adopted as Chapter 679 of the Acts of 1986 on January 7, 19871
Reading Charter Commission January 23, 1986
Reading Home Rule Charter •33 With all revisions through April, 2006 ?
69
INDEX
THIS INDEX IS NOT A PART OF
THE READING HOME RULE
CHARTER - IT IS FOR
INFORMATION PURPOSES ONLY
A
abolish • 18, 19
abolished • 9, 32, 33
absence • 16
accompanying budget - 23
Accountant • 21, 25
accounting experience • 21
accounting matters and procedures - 21
accounts and records • 21
accounts.. 21
acting Town Manager • 16
action • 8, 15, 17, 18, 23, 24, 27, 28
Action on the Budget • 24
actual and estimated • 24
Additional copies • 7
additional salary • 14
Administer • 15
administration and management • 9
Administrative Code • 19
adoption - 1, 7, 11, 17, 18, 19, 23, 25, 26,
27, 31, 32, 33
affidavit - 29
affirmative vote • 7, 27
agents - 6
alter • 19
amend • 19
amendments • 18, 25, 26
Annual Election • 2
annual operating budget 7
Annual Operating Budget • 15
Annual Report • 6
Annual Town Election - 3, 4
anticipation of revenue • 7
appendix • 19
applicable laws • 6
Application • 29
appoint • 5, 9, 11, 13, 14, 16, 17, 20, 21, 32
appointed board • 15
Appointment • 6, 14, 20, 21, 22
appraisers • 11
appropriating money - 7
appropriations • 15, 19, 21
Reading Home Rule Charter
approval • 6, 14, 15, 18, 25, 27, 32
Approval of Financial Warrants • 25
Article-1,2,4,7,8,9,11,14,18,19,23,
25,
Assessors. • 2
Assure • 15
Attend • 15
audit • 21
authority - 1, 18, 19, 25, 29
authorized • 7, 8, 9, 10, 11, 12, 14, 28, 33
available • 7, 23, 25, 27, 28, 29
award • 16
B
ballot position • 2
Ballots - 28, 30
benefits • 14
bequest - 9
Board of Appeals • 9, 12
Board ofAssessors - 8, 11
Board of Assessors, • 8
Board of Cemetery Trustees • 12
Board of Health • 9,11,12
Board of Library Trustees • 8, 9, 15, 33
Board of Selectmen • 1, 6, 7, 8, 9, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 25, 29,
30,32
board, commission or committee • 27
Boards of Survey - 11
bonds-20
brief description • 8
budget article • 24
Budget Message • 23
budget request • 23
building and grounds. • 9
buildings and grounds • 19
burial lots - 12, 23
businesses • 9
bylaw, •5,7,14,15,16,18,19,28
Bvlaws • 6, 18, 27, 31
34 With all revisions through April, 2006 `7Ci3~
70
C
calendar • 7
calendar inonths.• 7
calendar year • 7
Capital Improvements Program • 15, 25
care • 12, 22
cemeteries • 12, 23
Cemetery Trustees • 9, 12, 23, 33
certificate • 30
Chairman of the Board of Selectmen • 5, 6
Chairman of the Finance Committee • 5, 6
change in the system • 21
changes • 6, 24
chapters and sections • 26
Charter - 1, 3, 4, 5, 7, 8, 9, 10, 1.1, 12, 13,
14, 15, 16, 18, 19, 24, 25, 26, 27, 28, 31,
32,33
Chief Administrative Officer • 14
circulation • 4, 26
cities and towns • 10
Civil Defense Director • 14
civil or criminal • 31
civil service • 14
clerical and office methods • 21
collection and receipt • 22
collective bargaining agreements • 15
commencement • 17
Commissioners of Trust Funds • 13
commissions • 14, 20, 31
Comfnissions • 11, 13
Committee on Bvlaws • 6
Community Planning and Development
Commission • 9, 11, 32, 33
compensation • 4, 8, 9, 14, 15, 20, 27
complete copies • 23, 28
complete financial plan • 24
Composition • 2, 33
Computation of Time • 26
conditions • 5, 9, 16
conduct • 1, 4, 6,16,18, 20, 30
conference • 8
confirmation • 15
conflict • 26, 31
consecutive terms • 6
Conservation Commission • 9, 13
consolidate • 18, 19
Constables • 9
Constitution • 1, 8, 9, 10, 11, 12, 18, 25, 26
consultation • 8, 18
Reading Home Rule Charter 35
Continuation of.Existinr Laws • 31
Continuation of Government • 31
Continuation ofPersonnel • 32
contracts • 16, 20, 31
control • 9, 14, 15, 16, 19, 24
convenience • 7, 19
convenience of the Town • 7
coordination of systems • 21
corporate powers • 2, 5
corresponding chapters and sections 26
Council on Aging • 9, 12, 33
current fiscal year • 7, 24
current rate of pay • 32
current year in financial policies,
expenditures and revenues • 24
custody • 9, 31
D
deeds • 20
DeFnitions • 26
Department Head • 5,15
Department of Public Works • 19, 20
determination • 7
determination of matters • 7
developmental potential • 11
direct supervision • 15
direction and supervision • 15
disabled or absent • 21
disapproval • 6
disapprove • 19
discharge • 9
discontinued • 19
discussion • 8
discussions • 15
dismissal or death • 21
dissolution • 7
distribute • 22
districts • 8
Division ofPowers • I
duties, • 8, 9, 22
E
education • 14, 20
effective • 2, 18, 19, 27, 31, 32, 33
efficient administration • 14
ELECTED OFFICERS AND BOARDS • 8
elected term • 32
With all revisions through April, 2006
3I .
71
election • 2, 3, 4, 7, 8, 25, 28, 29, 30, 31, 32,
33
Elections • 28
elective or appointive • 14, 31
elective Town office • 8
electrical power • 10
eligible voters • 8
emergency measure • 7
emergency meeting • 28
emergency temporary appointments • 17
employees • 14, 15, 21, 22
employment contract • 14
enforce • 9
enforcement • 12, 15
equipment • 10, 16, 21, 25, 32
establish • 1, 5, 19, 21, 32
establishment • 20, 22
Establishment and Scone • 19
Establishment ofStandinz Committees • 5
evaluation of program activities • 13
examination • 21, 23, 25
examinations • 21
examine and inspect • 16
excessive • 21
executive and administrative qualifications
•14
Executive Officer • 16
executive powers • 8
Executive Secretary • 32
EXISTENCE AND AUTHORITY • I
expedient • 15
expiration • 7, 17, 19, 29, 32
expire • 2, 5, 6, 8, 9, 10, 11, 12, 13, 33
F
facilities • 10
feminine gender • 26
field house • 13
final resolution • 18
Finance Committee • 5, 6, 21, 23, 24, 25
financial • 15, 23, 24
financial and administrative activities • 15
fnnanncial condition • 15
Financial Public Records • 25
findings • 6, 21
Fire Chief • 14
fiscal effect • 7
fiscal year • 15, 23, 24
Forest Committee • 13
Reading Home Rule Charter
forestry services • 19
former capacity • 32
formulation • 12,13
fraudulent • 21
full and complete inventory • 16
full and complete record • 15
full jurisdiction • 15
full report • 15
full-time basis • 32
function • 16, 19, 24
functions • 1, 4, 5, 18, 19
funds • 6, 19, 22, 24, 25
further action • 6
G
general • 1, 4, 10, 23, 25, 26
General Law • 23, 24, 31
General Laws •7,8,9,10,11,12,13,15,
16, 18, 21, 22, 25, 26, 28, 30
General Laws of the Commonwealth • 7, 8,
9,10,11,12,26
General Provisions • 8
GENERAL PROVISIONS • 25
gift • 9
given, bequeathed or deposited • 22
government • 1, 8; 27, 32
grounds for recall • 29
guide • 15
H
health • 7,12
Housing Authority • 9,12
I
immediate preservation of the peace 7
important features of the budget • 23
improvement or embellishment • 22
incapacity or illness • 16
income • 24
Incorporation • I
Industrial Development • 11, 33
information • 11, 16, 24, 25, 27
inspection • 21, 28
installation and exercise • 21
intent to leave. • 18
Intergovernmental Relations • I
/ Y
36 With all revisions through April, 2006
72
interlocal agreement • 8
Interpretation of Powers -1
invalid - 26
investigate - 6
investigations - 6
issuance - 7, 9
issuance of a Warrant. - 7
J
jurisdiction - 15, 16
K
Keep - 15, 14
L
Land-Bank Committee • 13
language and form - 8
last known address - 4, 17
laws - 2, 8, 9, 14, 28, 31
legal holidays - 26
legal instruments - 20
legislative body - 2, 25
legislative business - 7
legislative powers - 1, 5
levied or assessed • 32
Librarv • 8, 9, 10, 15, 26, 28, 33
licenses • 9, 20
Licensing Board - 9
list of the inhabitants' • 2
local newspaper -19, 23, 24, 26, 28
Lonz Term • 16
M
maintenance - 9, 15, 19
majority . 3, 4, 8, 18, 19, 27, 28, 30, 32
majority vote - 4, 8, 19, 27, 32
management - 6, 9, 22
Manager-1,9,14,15,16,17,18,19,20,
21, 22, 23, 24, 25, 32,33
masculine gender • 26
materials - 9, 16, 21
members-2,3,4,5,6,8,9,10,11,12,13,
18, 24, 26, 27, 28, 32,33
Membership . 2
message • 23
method of selection - 9
minutes • 28
Moderator - 3, 4, 5, 6, 8,11
Moderator. - 3, 4, 5, 6
modern concepts of fiscal presentation - 24
money - 9
monies collected • 22
month's salary -18
multiple-member bodies - 9, 27, 28
Multiple-Member Bodv - 27
municipal • 1, 10,
municipal affairs I
Municipal Light Board - 8, 10, 15, 33
municipal lighting plants -10
N
necessary - 2, 7, 9, 15, 19, 24, 27
needs -11, 15
Nomination of candidates - 3
Nomination of Candidates - 30
nomination papers - 3
Nomination Procedures 3
notice - 4, 5,15, 19, 23, 28, 29, 30
Notice • 4
notices - 3, 27
nullify -18
Number and Gender - 26
number of members - 33
number of terms - 8, 10, 11, 12, 13
O
oath of office - 4
obligations : 5, 31
occupation - 14
Office Holder - 30
office of the Town - 16, 22, 25, 27, 29
officers -14, 15, 20, 21
Officers • 8, 28, 31
offices - 8, 31
official acts - 8
official ballot - 8
Ombudsman -16
operation of the department - 20
organization 18, 19
Other Committees .13
overall plans - 13
Reading Home Rule Charter 37 With all revisions through April, 2006
73
P
Proposed expenditures for current
operations • 24
parks • 13, 19
proposed financial • 23
Participation • 5
Propositions on Ballot • 30
payment of bills, drafts and orders • 21
provision • 18, 23, 25, 26, 30
payment of notes or bonds • 7
provisions • 3, 4, 9, 15, 25, 26, 30, 31, 33
penalties • 32
public • 2, 3, 4, 5, 9, 12, 14, 16, 17, 18, 19,
performance • 5, 19, 21, 22, 27
23, 24, 25, 28,29
person or agency • 6
Public Hearing • 17, 23, 24
personnel • 10, 14, 15
public interest • 9 -
Personnel Board • 9
publication • 23, 24, 28, 30
personnel policy • 15
purchasing • 16
petition, • 7
purchasing procedure • 16
physical condition • 11
physical development • 11
Q
place of business • 28
Planning Boards • 11
qualification • 3, 21, 22, 30
playgrounds • 19
Oualitications • 14, 20, 22
pleasure • 20
qualified • 14, 21, 22
plural number • 26
quality, • 21
Police Chief • 14
quantity • 21
policies • 8, 15, 20, 23
quorum 3, 4, 27, 28
Policv Formulation • 20
Duorum • 28
powers and duties • 6, 8, 9, 10, 11, 12, 13,
14, 19, 20, 21, 22, 32, 33
practices • 15, 21
R
Precinct • 4, 6, 27
Precinct Chairman • 6
real estate • 10
precincts • 2, 3, 29
Realignment of Precincts • 2
preliminary report • 28
rearrangement • 26
preliminary resolution • 17, 18
Recall Election • 30
Prepare • 15
Recall Petition • 29, 31
prescribe • 19, 21, 28
recodifieation of the bylaws • 27
Presentation • 24
recommendations • 6, 15, 22, 24, 28
preservation • 7, 12, 22
recommendations and proposals • 6
press • 28
reconsideration • 6
private sector experience.. • 14
records of the Clerk • 8
procedural matters • 6, 28
records, reports and procedures • 21
Procedures • 28, 29
Recreation Committee • 9, 13
Procedures of Multiple-Member Bodies
Recreation Committees • 13
28
recruitment • 17, 32
production • 10
References • 26
program development • 13
referendum petition • 7
prohibitions • 18
Referendum Procedures • 7
prompt deposit • 22
refuse collection and disposal • 19
proper administration • 14
regional authorities • 8
property • 9, 11, 15, 16, 32
regional boards • 14
proposal • 19,33
registered • 2, 3, 8, 27
proposed • 15, 17, 23, 24, 25, 27
Registrars of Voters • 2, 7, 29
proposed budget • 23, 24
regular and special meetings • 15
Reading Home Rule Charter 38 With all revisions through April, 2006,
3
74
regular or special • 7
regulations • 9, 12, 20, 31
related matters • 15
removal • 15, 17, 18
Removal • 17, 31
Removal Procedures • 17
rental and use • 15
reorganize • 18, 19
repair • 15
representative • 1, 2, 3, 5, 8, 11, 14, 27
representatives of the Commonwealth • 15
required by law • 2, 7
resignation • 21, 29, 31
resolution • 17,18
resources • 11, 19
respective chairman • 28
respective departments • 14
responsibilities • 17, 19
responsibility • 9, 18, 24
responsible • 12, 13, 14, 15, 16, 19, 20, 21,
22
restrictions • 9
revision • 2, 3
revisions • 2, 26, 27
routine matters • 17
rules • 6, 9, 12, 20, 21, 28, 31
Rules and Regulations • 11, 27
Rules Committee • 6
S
safekeeping • 22
safety • 7
scheduling • 13
School Committee • 8, 9, 13, 15, 16, 23, 24,
33
School Department. • 13
schools • 9
scope • 17,19
Secretary of State • 2
selection • 9
Selectmen. • 2, 6, 8, 13, 15, 16, 17, 18, 21,
28,30
session • 5, 7
Severability • 26
Severance • 18
sewer and park • 20
sewerage systems • 19
sewers 19
Short Title • 1
Reading Home Rule Charter 39
sick leave • 14
singular number • 26
special acts • 10, 31
Special Counsel • 20
Special Election • 7
Specific Provisions Prevail 26
State law • 4, 21, 22
State statutes • 20
Statements summarizing the budget . 25
statute • 5, 8
streets and roads • 19
Submission of Proposed Budget • 23
submit • 15, 18, 19, 23, 25, 29, 30
subordinates • 14
Subsequent Town Meeting • 7
substance • 8
successor • 21, 22, 29, 30, 31
sufficient time • 23, 24
summarize the Town's debt position • 24
summary • 23, 25
sums and accounts • 22
Superintendent of Schools • 9
Supervise • 14
supervision • 20, 21, 22
supplies • 16, 21
supporting documents • 23
Supreme Judicial Court of Massachusetts .
20
suspend • 17
suspended • 7
suspension • 17
T
Table of Organization • 19
taxes • 22, 32
temporary - 4, 7, 16, 21
Temporarv Absence • 16
temporary appointment • 22
temporary borrowing of money • 7
Term •14,16,17,21,22
term of appointment • 13
term of existence. • 14
terminated • 17
termination • 18
terms • 2, 5, 6, 9, 12, 13, 14, 23, 25, 26, 29,
32,33
The Proposed Budget • 24
Time ofEffect `32
times and places • 23, 28
Cif 1 _
With all revisions through April, 2006
75
Town •1,2,3,4,5,6,7,8,9,10,11,12,13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31, 32,33
Town Accountant • 9, 21
Town agencies • 7, 18, 19, 20, 21, 23
Town agency • 16, 19, 20, 24, 27, 32
Town Bulletin Board • 7, 28
Town Clerk •2,3,4,5, 7, 14, 16, 22, 24, 2 7,
28, 29, 30, 31
Town Counsel • 9,20
Town Meeting-1,2,3,4,5,6,7,8,9,10,
11, 12, 13, 14, 15, 16, 18, 19, 24, 25, 27,
28, 31, 32, 33
Town Meeting sessions • 4
Town Officer - 4, 5, 17, 27
training • 14, 20
transfer • 19
Transfer ofRecords and Property - 32
TRANSITIONAL PROVISIONS • 31
transmission • 10
Treasurer • 14, 21, 22, 25
Treasurer-Collector • See. See. See. See.
See. See. See. See. See. See. See. See
. See
trust • 22
U
uncollected claims or accounts - 22
unexpired • 4, 21, 22, 30, 31
unlawful • 21
V
Vacancies • 3, 29
vacancy • 4, 6, 17, 21, 22, 25, 29, 30
Vacancv - 17, 22
vacant • 2, 4, 17, 21, 31
vacation • 14
variations • 23
Vocational School Representative • 8
voluntary • 18
voluntary termination • 18
vote •2,4,5,6,7,8,9,10,11,12,13,14,
15, 16, 18, 19, 23, 25, 28, 29, 30, 32
voters • 1, 2, 3, 5, 6, 7, 8, 25, 27, 28, 29, 31,
32,33
Voting - 28
W
waived - 17
Warrant • 4, 5, 6, 7, 19, 21, 25, 30
Warrant Articles - 5, 6, 25
water supply • 19
work programs • 23, 24
written agreement • 14
written notice • 3, 17, 18, 28, 30
written report • 21
written statement • 17
Y
year terms • 8, 9, 10, 11, 12, 13, 32
Z
Zoning Boards of Appeal • 12
Reading Home Rule Charter 40 With all revisions through April, 2006
76
Page 1 of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Thursday, August 06, 2009 2:54 PM
To: Schena, Paula
Subject: FW: donations
For Board of Selectmen for August 18 meeting
From: Ellen Doucette [mailto:ecdoucette@brackettlucas.com)
Sent: Thursday, August 06, 2009 2:29 PM
To: Hechenbleikner, Peter
Subject: Re: donations
Peter,
Pursuant to c.44, sec. 53A1/2, the board of selectmen may accept gifts of tangible personal property private
citizens/organizations. This includes the ability of the town to accept the private donation of a scoreboard which though
constructed on public land, is funded through private donations. If such work is done by a private party, it is not subject
to either c.30B or the prevailing wage laws. However, if the town accepted the donations and performed the work, such
laws would apply. The difference is obvious in terms of time and costs. Therefore, there is an advantage to having a
private party construct the scoreboard and gift it to the town. Of course we would want to see evidence of insurance, or
obtain releases, etc.
With respect to the second question, if it is a gift or donation, it must be all or nothing. By this I mean that a donor
cannot gift a scoreboard but retain the right to collect advertising revenue. That type of arrangement would, in my
opinion, circumvent the procurement laws which govern the use of town property for advertising. It would be my advice
that if the town were to accept such a gift, any revenue generated by advertising on the scoreboard would belong to the
town.
Please call if you have any other questions regarding this matter.
Ellen
Ellen Callahan Doucette, Esq.
Brackett & Lucas
19 Cedar Street
Worcester, MA 01609
(508) 799-9739
(508) 799-9799 Facsimile
Original Message
From: Hechenbleikner. Peter
To: E!!en_Doucette ; LaPointe,-Gail
Cc: Feudo,_John
Sent: Wednesday, August 05, 2009 2:52 PM
Subject: donations
If an organization wishes to donate a facility (scoreboard at Morton field) to the Town, can that donation be made in
terms of the organization arranging for the construction of the scoreboard on Town property, or must the organization
donate the funds to the Town and the Town arrange for the construction?
If the facility donated has the ability to raise an ongoing stream of revenue (through advertising), do those revenues
go to the Town, or may the be kept by the organization?
Pete
3
77
8/6/2009
Page 1 of 1
Schena, Paula
From: Hechenbleikner, Peter
Sent: Wednesday, August 05, 2009 3:43 PM
To: Reading - Selectmen
Cc: Schena, Paula
Subject: Solicitation or Acceptance of Donations - draft. doc
Attachments: Solicitation or Acceptance of Donations - draft.doc.doc
This is one of the items on the next agenda. It was discussed by the BOS but never approved. I'd welcome any
comments at or before the next meeting.
Pete
a"
3
8/5/2009 78
Section 1.3 - Solicitation/Acceptance of Donations
. The Board of Selectmen values and appreciates the efforts of individuals,
community groups, and businesses in the community to raise private funds for the
betterment of the Town. These donations often take the form of donations of trees
and benches, construction of capital projects, and donation of funding for
programs.
It is important for the Town and donors to have an understanding of the
nature, location, design, and details of any such equipment, capital project or
program on Town property or at Town facilities or utilizing Town resources-Prior
to entering' into fundraising efforts, so that the Town can meet its share of any
commitments related to capital projects or programs, so that donations of trees and
benches and other equipment are of a design and quality and in locations consistent
with Town needs, and so that any such projects or programs are compatible with
the plans and programs of the Town. Therefore, the Town must be consulted prior
to any fundraising efforts,
In order to facilitate this process, the Town is working to develop master
plans for its various facilities and sites.
The following procedures shall be used under the circumstances outlined:
Town sites with Master Plans:
• The donor shall consult with Town staff through the Town Manager, and if
the proposed donation is consistent with the master plan, approval may be
granted by the Town Manager to proceed with fund raising. .
• If a commitment of Town funds is required to match or supplement fund
raising efforts, the fundraising efforts may be approved if the proposed
project is included in the Town's Capital Improvement Project (CIP), with
an understanding that Town funds will not be available until those capital
funds are available through the budget..
• The Town Manager shall notify the Board of Selectmen of any such
approved projects.
Town Sites without Master Plans:
The donor shall consult with the agency having jurisdiction over the
property in question - Board of Selectmen as Park Commissioners;
Conservation Commission for Conservation lands; Town Forest Committee;
etc. for projects in those locations.
• The agency having jurisdiction may grant approval to proceed with the
project.
• If a commitment of Town funds is required to match or supplement fund
raising efforts, the fundraising efforts of the donor may be approved only if
the proposed project is included in the Town's Capital Improvement Project
(CIP) or funds are otherwise available, with an understanding that Town
funds will not be available until those capital funds are available through the
budget.
Eauinment. Plantings, and nro2rams: 13
79
Donors shall consult with Town staff and/or Board, Committee, or
Commission as appropriate, having jurisdiction in the area where the
equipment or planting is proposed to be located, or the staff of the
department or division within which the program is proposed to be run.
■ If the equipment, planting, or proposed program is consistent with the
standards, design, mission and direction of the agency having jurisdiction,
approval may be granted to proceed with fundraising.
® If a commitment of Town funds is required to match or supplement fund
raising efforts, the fundraising efforts may be approved if the needed funding
is otherwise available.from the agency of jurisdiction.
The Town will develop a standardized mechanism to recognize donors of
equipment, capital projects, and programs that is consistent and which will be easy
to maintain and update.
Additionally, the Town must be assured that any donations that are solicited
or received on behalf of improving Town facilities or operating Town programs are
either solicited by properly established non-profit corporations, through for profit
corporations, or by individuals making donations directly to the Town. This is
important for purposes of ensuring that donor's expectations are completely met
with regard to possible tax deductibility of donations, and that a fundraising group
is indeed making all donations properly and directly to the Town for the purpose
intended.
In order to achieve other department missions and provide essential services, the
Board of Selectmen recognizes the need for staff to develop fiscal and other resources to
supplement municipal funding. The policy of the Board of Selectmen regarding
fundraising activities by staff is the following:
1. Such activities will not decrease staff effectiveness nor will they constitute
an inordinate amount of work time.
2. In accordance with the Conflict of Interest Law (Massachusetts General
Laws, Chapter 268A), Town employees will not realize personal financial
benefit from fundraising activities.
3. Employees involved in fundraising are expected to use good judgment at
all times, and to be sensitive to issues such as the business climate and the
ability to give.
4. In accordance with the Town's established policy on Acceptance of Gifts,
it is understood that there is no offer on the part of the Town or its
employees, Departments, or Agencies to reciprocate in any manner with
regard to provision of services, enforcement of laws or regulations or any
other considerations by the Town.
5. To ensure consistency in communication about fundraising efforts, Boards,
Committees, Commissions and Department Heads shall inform the Town
Manager of new fundraising efforts or campaigns prior to such activities.
6. Notice of regular or ongoing fundraising activities should be given to the
Town Manager through the regular channels of communication.
7. The Town Manager may establish guidelines which specifically
describe different types of fundraising and appropriate actions.
Adopted 3-8-94, Revised 12-13-94 80
~y.
I L=FC
W
F
Y J ~ m~a
d,~M SV~v
BRADLEY H. JONES, JR.
STATE REPRESENTATIVE
MINORITY LEADER
ZaJe a~~e~e2t~ctirre~
" ate zmje, -WOVtaiZ OL'7~~ 3 7054
L
201n MIDDLESEX DISTRICT
READING • NORTH READING
LYNNFIELD - MIDDLETON
TEL. (817) 722-2100
Rep.BradleyJones@hou.state.ma.us
r.J
a
w
o.
August 4, 2009
Ms. Tina Brooks, Undersecretary
Department of Housing and Community Development
100 Cambridge Street, Suite 300
Boston, MA 02114
RE: Oaktree Acorn LLC's Application for. Redevelopment of the Former Atlantic Supermarket
Site
Dear Undersecretary Brooks:
I am pleased to submit this letter of support on behalf of Oaktree Acorn LLC's application for grants and
loans in order to redevelop the former Atlantic Supermarket Site in Reading, a town I represent. I appreciate
your consideration of this matter.
The project would replace a closed grocery store with a 50 unit residential building, 20-25% of which
will be affordable units. It will also include space for retail in the lower floors along with parking. The project
will be the first step in the process of fulfilling the Town of Reading's plans to make its downtown area a Smart
Growth District due to its proximity to Interstate 95 and a downtown Massachusetts Bay Transit Station
(MBTA) station.
The town has begun preliminary discussions on setting up a 25 acre Smart Growth zone that will
improve the layout of the town's center. The town hopes that by taking the first step of establishing this project
at the old Atlantic Supermarket site it can begin to move forward with its plan. By making the center a Smart
Growth zone the town will be able to encourage diversified housing, provide sufficient parking in the center for
residents and shoppers, as well as support public transportation. This plan would help bring in the kind of
development that the town needs to expand its commercial base as well as attract new residents.
Again, thank you for considering Oaktree Acorn's application. Should you have any questions or
Comments about this matter, please feel free to contact me at your co,,nvenience.
1. Jones, Jr.
Leader
Cc: Steve Carvalho, Deputy Director
Seamus Kelley, Deputy Chief of Staff
tA
81
Page 1 of 1
qC 6 o S
Schena, Paula
From: Hechenbleikner, Peter
Sent: Monday, August 03; 2009 9:44 AM
To: mark.dempsey@state.ma.us
Cc: Schena, Paula
Subject: RE: First Notice - Birch Meadow Drive crosswalk
Attachments: IMG 4658.jpg
Mark
Attached is a photo showing the completed handicapped ramp at the crosswalk on Birch Meadow Drive.
It is our understanding that, with this information, this closes out the complaint and this matter is concluded. Do
you need anything else from us?
Thanks for your assistance with this.
Pete Hechenbleikner
Town Manager
Reading Ma
I/c Board of Selectmen
From: Hechenbleikner, Peter
Sent: Thursday, May 28, 2009 1:55 PM
To. 'mark. dempsey@state, ma. us'
Subject: First Notice - Birch Meadow Drive crosswalk
Mark
Thanks for taking the time to discuss this issue with me. 1'd appreciate it if I could have until July 1 to come up
with a plan to address the issue.
Pete Hechenbleikner
Town Manager
Reading
82
8/3/2009
f
t
l'
i,
i;
V~g
h
r~
rr ~ i