HomeMy WebLinkAbout2009-09-22 Board of Selectmen PacketOFReA�,� Town of Reading
16 Lowell Street
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Reading, MA 01867 -2685
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FAX: (781) 942 -9071
Email: townmanager @ci.reading.ma.us TOWN MANAGER
Website: www. readingma.gov (781) 942 -9043
TO: Board of Selectmen
FROM: Peter I. Hechenbleikner
DATE: September 18, 2009
RE: September 22, 2009 Agenda
4a) John Feudo will be in to do a brief presentation on the Summer Youth Employment
Program that we were able to participate in this year. John showed a great deal of
leadership in pulling together this program and directing the youth in performing a
variety of functions for the Town.
4b) Librarian Rachel Baumgartner is going to review briefly for the Board the "Mass
Memories Road Show." This is an upcoming event.
4c) The draft warrant in your packet is still missing a couple of articles which we will have
before the closing of the warrant on Tuesday. None of the zoning articles are being put
forward by the CPDC.
4d) The Parking, Traffic and Transportation Task Force (PTTTF) recommends parking
restrictions on Mt. Vernon Street at High Street for purpose of visibility.
4e) The PTTTF recommends rescinding parking regulations on Birch Meadow Drive,
Hillside Road, Longfellow Road and Waverly Road. Many of these were put in place on
a temporary basis or at a time when all of the parking for the High School was on street
rather than the current situation of it being off street parking.
4f) You have in your packet a copy of a request from the Chamber of Commerce to provide
for a limited number of parking spaces on Lowell Street in front of CVS for short term
evening parking. Several of the businesses are open after 5:00 p.m. and their customers
are not able to find any parking because of the longer term parking by patrons of the
Venetian Moon.
4g) This is a hearing on the amended Liquor Policies related to clubs which the Board had
previously reviewed in a workshop session.
4h) This is a hearing on adopting a policy on Solicitation/Acceptance of Donations that was
previously discussed by the Board of Selectmen.
4i) The Board had begun a review of the Reading Home Rule Charter. It did not complete
that review at its last meeting. The Review got up through Article 4 and if the Board has
time (and energy) the Board would start with review of Article 5 Town Manager.
P.IH /ps
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Schena, Paula
From: Hechenbleikner, Peter
Sent: Friday, September 18, 200911:17 AM
To: Schena, Paula
Subject: FW: MWRA Water Tanks
1/c Board of Selectmen
From: nicholas safina [mailto:safina221 @verizon.net]
Sent: Saturday, September 12, 2009 8:18 PM
To: Reading - Selectmen
Cc: Town Manager
Subject: MWRA Water Tanks
Dear Mr. Chairman and Members of the Board,
I would like to share a few thoughts regarding the water tanks being considered by the MWRA. I'll only touch on
two points one aesthetic, one technical. My knowledge of the MWRA system comes directly from working on
many water /wastewater projects at my job with a consultant to the MWRA.
At the September 1st BOS meeting, the MWRA representative noted that water tanks are not an uncommon
sight in the landscape. True, there are water tanks scattered about. However, it is one thing to see the tanks
from a distance, as in- Methuen from Rt93, and quite another to pass within a few yards of one. The proximity of
the tanks to the roadway, coupled with the shear size and elevated design will overwhelm the gateway to both
Reading and Stoneham. The hulking, elevated masses will dominate the skyline and cast shadows across both
Rts 28 and 95, which will consciously and subconsciously alter peoples perception of the area. In the winter, the
extended shadows will cause icing on the roadways requiring additional treatment by salting crews.
The MWRA is basing its tank elevation on the required water level to properly pressurize the system. But a lower
or buried storage tank could easily be used. This type of storage tank would require pumps to feed the system.
But on its supply side, pressure reduction could be accomplished with in -line turbines, which would generate
electricity. This presents an opportunity for "green" electric power generation that the MWRA is already taking
advantage of in several locations across their system.
For example, the Quabbin Reservoir (approx elev 500) feeds the Wachusett (approx elev 390) which then feeds
the Walnut Hill Treatment Plant. Power is generated by in -line turbines both entering and exiting the Wachusett
and at two other locations. Walnut Hill treatment Plant feeds the Nurembega tank (approx elev 290) which then
goes through another in -line turbine as it feeds a pipeline (approx elev 215) beyond. The in -line turbines do not
threaten water safety because their bearings are outside the water stream and are usually specified to use food -
grade lubricants. The point here is that it is technically feasible to meet the water storage requirements without
these large, elevated tanks.
Reading (and Stoneham) are being asked to carry the burden of this effort so that the Northern service area has
more redundancy. The MWRA has tried to state it that way, but in my opinion, their ultimate goal is to use that
capacity to sell water to more communities. Why should Reading "pay" for that?
If provided with location and tank specs (type, size, diameter, height) i can provide you with some 3d renderings
which will give you a better sense of scale, shadows and impact.
Respectfully,
Nick Salina
221 South Street
9/18/2009
/ mil,
SUBSEQUENT TOWN MEETING
November 9, 2009
TABLE OF CONTENTS
Title
Sponsor
Page #
Article
1
Reports
Board of Selectmen
2
Instructions
Board of Selectmen
3
Amend Capital Improvements Program
FY 2010 - FY 2019
Board of Selectmen
4
Amend the FY 2010 Budget
Finance Committee
5
Payment of Prior Years Bills
Board of Selectmen
6
Disposal of Tangible Property
Board of Selectmen
7
Acceptance of COLA for Exemptions
Board of Assessors
8
Rescind Debt Authorization
Board of Selectmen
9
Sewer 1/1 Grant/Loan
Board of Selectmen
10
Authorize the sum of $60,000 for Design of a
Building at Laurel Hill Cemetery
Board of Cemetery
Trustees
11
Acceptance of Restaurant Meals Tax
Board of Selectmen
12
Vacate Portion of cul -de -sac — Colonial Drive
Board of Selectmen
13
Vacating Portion of Paper Street between
187 and 193 Bancroft Avenue
Board of Selectmen
14
Amend General Bylaws Section 5.5.4 re:
Alcohol or public property with approval of
Board of Selectmen
Board of Selectmen
15
Amending General Bylaws Section 4.5.2
re: Junk
Board of Assessors
16
Approve Amendments to the Cemetery Rules
and Regulations
Board of Cemetery
Trustees
17
Amending Section 6.3.17 of Zoning By -Laws
re: Non- Conforming Structures
Board of Selectmen
461(
Article
Title
Sponsor
Page#
APPENDIX
FY 2010 -FY 2019 Capital Improvements
Program
Blue Pages
Conduct of Town Meeting
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, 1, on notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 9, 2009,
the date set for the Subsequent Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of
Thomas H. Freeman, Constable
A true copy. Attest:
Laura Gemme, Town Clerk
L4 C3
SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middleeex.an.
To any of the Constables 0f the Town of Reading, Greetings:
|n the name of the Commonwealth of Massachusetts, you are hereby required to
notify and vV@[O the inhabitants oJ the Town of Reading, qVa|U18U to vote in elections and
Town afbairo, to meet atthe Reading Memorial High School Auditorium, 62 Oakland
Road' in said Reading, on Monday, November 9, 2009' @t seven thirty o'clock in the
evening' at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting K8HDlb8nG in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE i TO hear and act OO the reports of the Board of Selectmen, TOVVD
Accountant, Tre8GUner-Colector, Board of Assessors, Director of Public VV0rkg' Town
C|erk, Tree VV@rd8O' Board of Health, School [X][DOlittee' Contributory Retirement
Boand, Library Trustees, Municipal Light Board, Finance CODlrnitt8e, Cemetery Trustees,
Community Planning fk Development Cornnlission, C|oOoe[vgUoO Commission, Town
Manager and any other Board orGpecia|Committee.
Board OfSelectmen
ARTICLE 2 To choose all other necessary Town Officers and Special
CONODlittB8G and determine what instructions 8hGU be given Town Officers and Special
Committees, and to see what sum the Town will raise by borrowing or transfer from
available funds, or otherwise, and appropriate for the purpose of funding Town Officers
and Special OornrnittReg to carry out the instructions given to then1. or take any other
action with respect thereto.
Board ofSelectmen
ARTICLE 3 TO see if the Town YNU vote to amend the FY 2010 _ FY 2019,
Capital Improvements Program as provided for iD Section 7-7Vf the Reading Home Rule
Charter, or take any other action with respect thereto.
Board of Selectmen
ARTICLE To nee if the Town will vote to amend one or more of the votes
taken under Article 14 of the April 27, 2009 AODVa| Town Meeting relating to the Fl8c8|
Year 2010 YWUDicip8| Budget, and GH8 what GUOO the Town will raise by borrowing or
transfer from available fUDde. Or otherwise, and appropriate as the [eGU|t of any such
amended votes for the operation of the 7-own and its government, or take any other
action with respect thereto.
Finance Committee
ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal
Year 2010 of bU|o remaining unpaid for previous fiscal for goods and services
actually rendered to the Town, or take any other action with respect thereto.
Board ofSelectmen
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ARTICLE To see if the Town will vote tO authorize the Board od Selectmen tD
sell, 0r exchange, ordispose of, upon such terms and conditions @s they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
ARTICLE 7 To SH9 if the Town will Vote to iOon8@se the senior tax exemptions
as follows:
To iOc[e8G9 the property tax eXeOO[dioD 8||Dvved to certain 88DioF Ci1iz8O8 and surviving
spouses and minors under Mass. General Laws Chapter 59. Section 5. [||ouae 17O by
any percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue; and
To increase the income and asset limits certain senior citizens may have to qualify for an
8XeQOpUoD VDd8[ Mass. C38Oer8| Laws Chapter 59. Section 5' Clause 41[| by any
percentage Uptothe annual cost ofliving adjustment (COLA) as determined by the
Commissioner 0fRevenue,
o[ take any other action with respect thereto.
Board ofAssessors
ARTICLE 8 To gee if the Town will vote to rescind authorized but unused debt
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Energy and similar improvements to Town owned buildings as authorized
by Article 9oO November 1O'2OD8.
or take any other action with respect thereto.
Board OfSelectmen
ARTICLE 9 To s88 what GUnR the Town will raise by borrowing pursuant to
G.L. Chapter 44. §7Y1\ or transfer from 8Vaik5b|H fUOdG' or OthenwisR, and appropriate for
the purpose Cfreconstructing surface drains, GeVv8[G and sewerage GVGtennG, including
the costs of engineering eervicas, p|ano, documents, cost e8tiDloteG, bidding services
and all related expenses incidental thereto and necessary in connection therewith, said
sum to be spent under the direction of the Town Manager; and to see if the Town will
authorize the Town Manager, the Board of Selectmen, or any other agency Vf the Town
to apply for a grant or grants to be used to defray all or any part of said sewer
construction and/or reconstruction and related 0@de[G; and to gO8 if the Town .will VOt8
to authorize the Town Manager to enter into any or all agreements as may be necessary
to carry out the purposes of this Article; and to see if the TOVVD will authorize the Town
Manager, the Board of Selectmen, or any other agency of the Town to apply for a non-
interest bearing loan from the K88GGachUGetto Water R(esOUn:eo Authority, and to
authorize the Treaaun3FCo|lector, with the approval of the Board of 8a|ec1man' to
borrow pursuant to said loan, or take any other action with respect thereto.
Board VfSelectmen
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ARTICLE 10 To see if the Town will vote the sum of Sixty Thousand Dollars
($60,000) from the sale of real estate and/or other funds for the purpose of designing a
building or buildings to replace the present service building in Laurel Hill Cemetery
including but not limited to design specifications, test borings, surveying and any other
items incidental thereto, said funds to be expended by the Town Manager, and that the
Town Treasurer be and hereby is authorized and instructed to transfer said funds to
carry out the purpose of this vote, or take any other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 11 To see if the Town will vote to accept the provisions of G.L. c. 64L,
§ 2(a) to impose a local sales tax upon the sale of restaurant meals originating within the
Town by a vendor at the rate of .75 percent of the gross receipts of the vendor from the
sale of restaurant meals to take effect January 1, 2010, or take any other action with
respect thereto. Board of Selectmen
ARTICLE 12 — Colonial Drive
ARTICLE 13 — Bancroft Avenue
ARTICLE 14 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, other action with respect thereto.
Board of Selectmen
ARTICLE 15 To see if the Town will vote to amend Section 4.5, Licenses, of the
Town of Reading General Bylaws by deleting there from 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 Required
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.
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4.5.2.1.2 No person shall use any building, enclosure O[ other structure for the
storage, sale or keeping of rags, waster paper stock orother
inflammable material without a license therefore from the Board of
Selectmen.
�5.2.2 Application for License, Term; Fee
4.5.2.2.1 Each application for a license shall bo made iO writing hJ 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 ofa shop for the purchase, sale orbarter
of junk, old and precious OOeto|G including gold and gi|wHr' and/or
secondhand articles shall be issued oDu location specific basis.
4.5.2.2.3 Licenses under this bylaw may be issued only after notice and @
public hearing and shall be for a period Of one (1) year unless
sooner revoked bv the Board OfSelectmen.
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
4`5.2'3.1 Every junk dealer, old and precious metal dealer O[ secondhand article
dealer shall keep e book in which shall be written at the time of each
purchase, a description thereof, the OanO8, age and residence of the
person from VVhonn the purchase was nnade, and the day and hour
when such purchase was OlGda. Photocopies of picture identification
ehG|| be taken and maintained for any person who sells or barters an
4^5.2.3.2 A list Of GU purchases and acquisitions shall be submitted to the
Reading PO|iCG Department within one (1) week Ofsuch purchase OF
4i5.2L3-3 The Chief OfPolice or his designee shall at all times have the authority
t0 inspect or examine all books kept by the dealer or keeper of the
shop and ehoU have the ' right to inspect and examine all arUdae and
merchandise therein.
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4.5.2.4 Purchases from Persons less than Eighteen (18) Years of Age Prohibited
No junk dealer, '|d and precious nO8ta| da@k3[ or G8cVDdh@Od article dealer or GOV
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 (1O)years.
4.5.2.5 Articles Purchased or Received to be Retained for Fourteen (14) Days
No item purchased or received by any dealer or keeper ofg shop licensed under this
bylaw ehoU be removed from the Tovvn, sold, or otherwise disposed of for at least
fourteen (14) days from its date of purchase or acquisition UO|eeo 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 Weigilhing and Measuring Devices
Al) weighing or measuring devices used by licensee in the conduct of the licensed
business Gh8U be tested and sealed by the Town of Reading 8e@|e[ ofWeights and
Measures prior to being placed into service. All weighing and noe3GVhng devices shall
thereafter be inspected and tested onaO annual basis.
4^5.2.7 Rules and Rec
julations
The Board of Selectmen may adopt rules and r8gUlabOO8 governing the i8gU8Oc8 and
conduct of business for the eo|e of junk, old and precious noeto|e and secondhand
articles pursuant tothe authority granted byK8.G.L Chapter 140' §54 and the authority
granted by this bylaw.
4.5.2,0 Suspension or Revocation of License
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
4.5.2,9 Enforcement and Penalties
Violations of this bVh3VV shall be subject to a fhl8 of Three Hundred Dollars ($300.00).
Each day the violat�n exists shall constitute e separate offense. This penalty may be
enforced pUngu8Dt to Section 5.11. Non-Criminal Disposition of Certain Violations of
By|ovva and Rules and Regulations, of this bylaw.
�5.2.10 Severability
K any provision of this bvkavv is held to be iDV8|id. it Gh8U not afhau1 the validity or
application of the remaining provisions, or take any other action with respect thereto.
Board of Selectmen
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ARTICLE 16 To see if the Town will vote to amend the Cemetery Rules and
Regulations of the Town of Reading by rescinding the previous Cemetery Rules and
Regulations and adopting the following Cemetery Rules and Regulations:
RULES AND REGULATIONS
Foreword
The Town of Reading Home Rule Charter adopted on March 24. 1806 and amended
November 13, 2004 provides that:
"The Board Of Cemetery T[UGte8S shall be responsible for the preservation, care,
imOp[DV8DleDt and enlbe|UohOO9Ot of the Town's cemeteries and bUh@| lots therein and
such other powers and duties given to the Board of Cemetery Trustees under the
Constitution and General L@VVG of the ConO[DoOVV88|th' by the Charter, by bylaw Or by
Town Meeting vot8."
Working under this charge, the Board of Cemetery Trustees strives not only to fulfill its
legal responsibilities regarding the Town's cemeteries, but also to preserve the aesthetic
quality of our heritage bv establishing the following rules and regulations. The Trustees
encourage public comment at regularly schedule meetings or via cVrnaGponUonC8._
TOWN OF READING
CEMETERY RULES AND REGULATIONS
The Board of Cemetery Trustees has set forth the following rules and regulations for the
ownership, use and care of burial sites iO the Town's cemeteries. The authority tDdothis
is found in Chapter 114 of Massachusetts General Laws.
Resident Requirements
1. The sale Of lots iG limited h3 current Reading residents only.
Ownership of Lots
2. The Trustees shall set the price of lots. All lots must be paid in full at the time of the
3. The owner ofa lot ia limited to burying hunnonrenloinointha[eite.Theovvngrhoso
right to place a memorial subject to limitations as outlined in other sections of these
4. When a lot is purchased, the owner will be issued a deed specifying the location and
dimensions Df the lot. The Trustees are responsible for corner posts set st each lot.
These will clearly define the number Of the lot. The deed will contain certain terms and
conditions for the use Of this lot.
Copies of lost deeds may be obtained by paying an established fee.
5. The owner ofGlot may only transfer ownership of that lot by deed if such transfer is
approved bvthe Trustees. A fee will b8charged for the recording of deed transfer. The
owner does not have a right to lease the property.
tL Lots may b8 resold only tV the Town of Reading, 8tthe original purchase price.
7. Upon the death of the lot owner, ownership shall pass 8G provided bv the statutes Of
Massachusetts in force at that time. The Trustees will require proof of the rights of
ownership of such lot.
Care of Lots
8. The Trustees shall require certain deposits to be made cd the time of sale for
perpetual care of the lot or grave without expense to the Town.
"Perpetual Care" means the cutting of grass On the grave Vr lot 8t reasonable intervals,
raking and cleaning, reseeding and other work as may be necessary to keep the lot or
|0ie in good condition. Perpetual care will not include the repairing or replacing of
Memorials
8. A memorial may be installed oD,8lot. The Trustees must approve the design ond
specifications for any memorial. Flat markers shall b8of granite or bronze; upright
memorials shall beOfgranite. No other materials shall beallowed.
10. Where permitted only one upright memorial of granite may be placed on a lot
eubigo[ of limitations as outlined in other sections of these regulations. One flat marker
may be set onan individual grave. Markers may not be set bJembrace two ormore
graves. All markers shall be set flush with the ground. The foundations for all memorials
will he installed bV the Cemetery Department and a fee will becharged.
11. In Laurel Hill, a memorial will not be installed unless the lot i8 endowed VVith
perpetual care. C]n old lots matching markers may be used if existing markers exceed
regulation size. |f upright headstones become broken o[ excessively tipped, the right ie
reserved to lay these into the ground ae flat markers.
12. Neither the Trustees nor the Town shall beliable for damage tO memorials V[
markers.
13. AGtVOe cutter o[other person who is to do work on a structure erected on a lot or
grave must obtain a written permit from the OHOO8t9ry Director behzna beginning VVo[h.
Work must be performed under the supervision of the Director, The work area must be
left iO proper condition.
14. An owner of a lot or lots does not have the right to plant trees, shrubs or plants on
tha|nKa\ Nor does the owner have the right toerect a fence, curbing, hedge orany
other landmark. The Trustees have the right to remove any shrub, hedge, root or branch
that they may deem detrimental to other cemetery lots. The Trustees also have the right
to remove unsightly flowers, old vases and other containers that may present an unsafe
condition or be detrimental to the looks of the lot or the cemetery in general. No vigil
lights D[ wooden crosses will ba allowed oO any lot D[grave.
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D0emorimNReaulationw
15. The following regulations are for upright nnernoha|e.Theoa|innitabonnrnuG\be
followed or the memorial may not [eerected.
[]Oa two grave lot, maximum size 3'0"X TO" base, 3'high.
On o three grave lot, nnoxinnunn size 4/0"x 1'3" base, 3' high.
On @ four grave lot, DlaXiOlUDl eiZB 4'0"X 1'8" bgg8. /y high.
On 8fime gnsma lot, rnoxinnu[n size 4'0"x 1'6" base, 4' high.
On a six grave |0t' maximum size 5'x2' base, 4' high.
On a e8m3D grave |O1. nn8Xinlunl size 5'6"x2' base, 4' high.
On an eight grave lot, maximum size O'X 2' base, 4' high.
On a single gr@ve. only a flat marker iG allowed.
Unless otherwise noted all markers shall bB2'X1'. and shall bSof bronze O[granite.
Baby grave markers shall be1'3"nD`8". Granite markers shall be consistently 4`'thick.
|n all veteran sections, grave markers shall only beofbronze.
Special Regulations for Charles Lawn Memorial Park
10. No upright memorial will be o||DVVSd DO lots within this cemetery. Each individual or
extra depth grave space may have 8 flush marker. A central marker will be allowed on
lots of two or more burial spaces. This will bano larger than 3'x1'.
17. Floral decorations are limited to one pot of8 inches in diameter per grave.
Urn Gardens at Forest Glen and Charles Lawn
18. Two cremation urns may be interred in each grave.
19. K8enn0haUz8ton will b8 limited toone 2'x1' bronze flush marker in Forest Glen.
Granite o[ bronze markers may be used inCharles Lawn.
Interments and Removals
20. No interment may be made before (a) a permit is issued by the Board of Health to
the Director, (b) the owner ofthe lot gives 3D order tO use the lot, and (c) all fees have
been paid.
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21. The Director must be given reasonable advance notice of an interment or removal.
This notice must give the |o1 nU[nbRF, the grave Ounnbe[' name and age of deceased for
a burial, size of box and name of the undertaker in charge. Neither the Director nor the
trustees will be held responsible for any error in the given nOUC8 (including any order
given byphone).
Fees for opening graves, making and recording interments, reinterments, funerals after
working hours or Saturday afternoons or holidays as well as other services will be
established by the Trustees and shall be paid inadvance.
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22. Funerals will not be allowed on Sundays, New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day nor Christmas Day.
23. All burial cases must be sectional concrete or monolithic containers.
24. In each regular grave space, one regular interment plus one cremation urn or two
cremation urns will be allowed, except extra depth lots in Charles Lawn, where
provisions have been made for two burials in one grave space.
General Regulations
25. All funeral processions in the cemetery are under the direction and control of the
Director.
26. No firearms are allowed in any cemetery except for military and memorial services.
27. Vehicles, except for those in a funeral, procession, may be excluded from any
cemetery. Maximum speed limit in any cemetery is fifteen miles per hour.
28. All persons walking through a cemetery must keep to the pathways and not trespass
on lots except for gaining access to their own lots. Parents must take full responsibility
for their children and not permit them to climb on headstones. Loitering, playing and
dogs are not allowed.
29. Unauthorized gravestone rubbing is not allowed.
30. Cemeteries are open from sunrise to one half hour after sunset.
31. The soliciting of business by anyone within the cemetery is prohibited.
32. No employee shall receive any fee or gratuity from any person except the standard
fees prescribed by the Trustees and to be paid to the Town. Any employee violating this
rule will be subject to disciplinary action.
33. The Trustees shall have authority to grant to owners to depart in special instances
from the provisions of the foregoing regulations in cases where it clearly appears that the
spirit and intent of the regulation will not thereby be violated.
or take any other action with respect thereto.
Board of Cemetery Trustees
ARTICLE 17 To see if the Town will vote to amend Section 6.3.17 of the Town
of Reading Zoning By-laws as follows: (Language underlined shows deletions/words in
italics denotes new language.)
6.3.17. Reconstruction after Destruction (by a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use,
structure, building, sign, parking space or loading bay or other situation allowed by
Special Permit, which is destroyed or damaged by explosion, collapse, fire, storm,
natural disaster or other catastrophic event, any of which is beyond the control of the
10
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 determines that:
a. The reconstruction conforms to the current requirements of this bylaw to
the maximum extent practicable.
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.
Board of Selectmen
11 qG(J
and you are directed to serve this Warrant by posting 8n attested copy thereof |Oatleast
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 9, 2009. the dote set for the meeting in said Warrant, and to publish this
Warrant in @ newspaper published in the Town, or providing in a Ol@DOe[ such as
e|e[tPDDiC submission, holding for pickup or mailing, an attested copy Ofsaid Warrant to
each Town Meeting Member.
Hereof fail not and Dl@k8 due return of this VVorroDt with your doings thereon t0
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 22Dd day 0f September, 2009.
Thomas H.Freeman, Constable
Ben Tafoya, Chairman
J8Dleo E. B0D8zo|i Vice Chairman
CgD1i||8 W. Anthony, Secretary
Stephen A. Goldy
Richard VKSchubert
SELECTMEN OFREADING
12
�
� � ^r^,~
�
"
RECEIVED
TOWN CLERK
READING. MASS.
September 8, 2009
Board of Selectmen
Subject: Warrant Article Z00q SEP - 9 A 9 '29
In accordance with Section 2-13 of the Town of Reading Home Rule Charter the Board
of Cemetery Trustees request that the following article be placed of the Subsequent Town
Meeting Warrant.
To see if the Town will vote the sum of Sixty Thousand ( $ 60.000.00 ) dollars from the
sale of real estate and or other funds for the purpose of designing a building or buildings
to replace the present service building in Laurel Hill Cemetery including but not limited
to design specifications , test borings , surveying and any other items incidental thereto.,
said funds to be expended by the Town Manager , and that the Town Treasurer be and
hereby is authorized and instructed to transfer said funds to carry out the purpose of this
vote , or take any other action with respect thereto.
Signed
IAA-
V iL
A
_L
L4C"/
, 15,
LEGALNOTICE
TOWN OF READING
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold the follow-
ing public hearings on Tuesday;
September 22, 2009 in the
Selectmen's Meeting Room, 16
Lowell Street., Reading,
Massachusetts: r
- ar ing Regulations - Mt.
Vernon Street 8:15 p.m.
escinding�Par ing
Regulations on Birch Meadow
Drive, Hillside. Road, Waverly
Road, Longfellow Road
p.m.
-Parking Regulations on
Lowell Street (in front of CVS)
8:45 p.m.
*Approving Amendments to
Liquor Policies 9:00 p.m.
-Amendments to Policy on
Solicitation/Acceptance of
Donations 9:15 p.m.
A copy of the proposed doc-
uments regarding these topics
are available in the Town
Manager's Office, 16 Lowell
Street, Reading, MA from 8:30
a.m. - 5:00 p.m., M7F and are
attached to the hearing notice
on the website at www.reading
ma.gov
All interested parties may
appotir in person, may submit
their comments in, writing, or' by
email mail to.townmanager@ci.r ad
ina.ma.
By order of
Peter 1. Hechenbleikner
Town Manager
9/15
TOWN OF READING
Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on
March 28, 1995, for the Town of Reading, are hereby amended as follows:
By adding to Article 5, Section 5.1,7, the following:
Street
Location
Regulation
Mt Vernon St
Both sides for 130 feet
from the intersection of
High Street
"NO PARKING
ANYTIME"
DATE OF PASSAGE
TOWN CLERK OF READING
TOWN CORPORATE SEAL
SELECTMEN'S SIGNATURES
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BECKER ROBERT L
VAN HORN WILLIAM R
HECHT WILLIAM J.JR
DONALD H BECKER
BRENDA L VAN HORN
LORI J CAVANAUGH
51 MOUNT VERNON ST
53 MOUNT VERNON ST
57 MT VERNON ST
READING, MA 01867
READING, MA 01867
READING, MA 01867
HALL MURIEL A (LE)
MANSFIELD GEORGE A III
SALLOP GAIL L
JAMES L HALL ETAL
ROBERTA E MANSFIELD
71 MT VERNON ST
63 MT VERNON ST
67 MT VERNON ST
READING, MA 01867
READING, MA 01867
READING, MA 01867
KRAVITZ RANDI A
GREENE ROBERT S
FRECHETTE HENRY M JR.
ADAM G HEROUX
77 MT VERNON ST
JUDITH A HODGE
73 MT VERNON ST
READING, MA 01867
117 HIGH ST
READING, MA. 01867
READING, MA 01867
ROSSETTI JEANENE
ALCORN STACEY
WOODLAND ROBERT A
KENNETH P BRICKHOUSE
74 MT VERNON ST
WOODLAND DONNA M
78 MT VERNON ST
READING, MA 01867
72 MOUNT VERNON ST
READING, MA 01867
READING, MA 01867
WEBSTER KELLY
SCHMIDT PATRICK V
GENTILE SALLY
DAVID WEBSTER ETAL
C/O PATRICK DEVANEY
56 MT VERNON ST
70 MT VERNON ST
90 MAIN STREET
READING, MA 01867
READING, MA 01867
NO.READING, MA 01864
SANBORN STEVEN F
TOSCANO ANN MARIE
SALLOP GAIL L
KAREN A & MARY R SANBORN
KURT MCGRATH '
113 HIGH ST
54 MOUNT VERNON ST
111 HIGH ST UNIT 1
READING, MA 01867
READING, MA 01867
READING, MA 01867
YOUNG KENNETH E
SCHARR PAUL J
CAVAGNARO LORETTA E
CATHLEEN J YOUNG
MAVIS DRISCOLL
120 HIGH ST
48 MOUNT VERNON ST
47 MT VERNON ST
READING, MA 01867
READING, MA 01867
READING, MA 01867
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—1—AR) r. en® j Sens de rAwiSiar la rahnrd Pan -UnIm ! 1- 800 -GO -AVERY
LEGALAOTICE
TOWN OF READING
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold the follow-
ing public hearings on Tuesday;
September 22, 2009 in the
Selectmen's Meeting Room, 16
Lowell Street-, Reading,
Massachusetts-
-Parking Regulations - Mt.
Vernon Street 8:15 p.m.
0 e'cinding Parking
Regulations on Birch Meadow
.Drive, Hillside, Road, Waverly
Road, Longfellow Road
- Parking Regulations on
Lowell Street (in front of CVS)
8:45 p.m.
*Approving Amendments to
Liquor Policies 9:00 p.m.
-Amendments to Policy on
Sol icitation/Acceptance of
Donations 9:15 p.m.
A copy of the proposed doc-
uments regarding these topics
are available in the Town
Manager's Office, 16 Lowell
Street, Reading, MA from 8:30
a.m. - 5:00 p.m., M-F and are
attached to the hearing notice
on the website at www.reading
ma.gov
All interested parties may
appear in person, may submit
their comments in, writing, or' by
email to townmanager @ ci. read
ing.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
9/15
TOWN OF READING
Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen on
March 28, 1995, for the Town of Reading, are hereby amended as follows:
To rescind from Article 5, Section 5.4.4.1, the following:
Street Location Regulation
Birch Meadow Drive
Both sides of Birch
"NO PARKING
Meadow Drive from
between the hours of
Oakland Road to
10:00am to 11:00 am"
Arthur B Lord Drive
Waverly Road
Both sides for the entire
"NO PARKING
length
between the hours of
10:00am to 11:00 am"
Hillside Road
Both sides from
"NO PARKING
Oakland Road to
between the hours of
Waverly Road
10:00am to 11:00 am"
Longfellow Road
Both sides from
"NO PARKING
Oakland North to the
between the hours of
Dead End
10:00am to 11:00 am"
DATE OF PASSAGE SELECTMEN'S SIGNATURES
TOWN CLERK OF READING
t
low
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2461010000000920
2461010000000930
PFEIFFER JOHN L JR
MAROTTA JOSEPH T
CINDY L PFEIFFER
MAROTTA DIANE J
38 WESTON ROAD
34 LONGFELLOW ROAD
READING, MA 01867
READING, MA 01867
2461390000000070
246123000000122&
DOWNING JOHN K
TOWN OF READING
DOWNING ANN MARIE
SCHOOL DEPT.
91 WHITTIER RD
82 OAKLAND RD
READING, MA 01867
READING, MA 01867
246123000000113&
246123000000055&
ENGLISH MICHAEL
ENGLISH GEORGE J ETAL TRS
CATHERINE A ENGLISH
ENGLISH REALTY TRUST
39 HILLSIDE ROAD
34 HILLSIDE RD
READING, MA 01867
READING, MA 01867
2461230000000730
246123000000088&
ROESLER MICHAEL L
COWELL DOUGLAS R
MERLE S ROESLER
MARGARET D COWELL
20 HILLSIDE ROAD
958 MAIN STREET
READING, MA 01867
READING, MA 01867
246123000000096&
246123000000098&
GALLAGHER GEORGE E III
GOURLEY DOUGLAS R
LAUREN K GALLAGHER
26 WAVERLY RD
25 HILLSIDE RD
READING, MA 01867
READING, MA 01867
2461230000001010
2461130000000030
VENDT KEVIN
NELSON BRUCE A
AMY VENDT
COROLANN NELSON
33 HILLSIDE RD
50 LONGFELLOW ROAD
READING, MA` 01867
READING, MA 01867
2461130000000050
2461130006000150
KIMBALL ROBERT PARKER
QIU JIANHUA
MARY B .KEVIBALL
YING SHAD
27 LONGFELLOW ROAD
55 PARKVIEW RD
READING, MA 01867
READING, MA 01867
2461130000000240
2461130000000250
DECKER KURT H
WILLIAMS JOHN VICTOR
JUDITH E DECKER
JANET MARY WILLIAMS
31 LONGFELLOW RD
35 LONGFELLOW RD
READING, MA 01867
READING, MA 01867
2461130000000270
2461130000000280
MAHONEY PAUL S
MARTIN VIRGINIA M
KIMBERLY R MAHONEY
51 LONGFELLOW ROAD
45 LONGFELLOW RD
READING, MA 01867
READING, MA 01867
2461130000000460
246123000000103&
TITCOMB HELEN A
READING HOUSING
TITCOMB WILLIAM A
AUTHORITY
68 LONGFELLOW ROAD
FRANK TANNER DR
READING, MA 0.1867
READING, MA 01867
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chargement r6v6ler le rebord Pop -Uplm
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TRUBIANO LUCIANO M
LAURA L TRUBIANO .
8105 PONY PASTURE CT
RALEIGH, NC 27615
•• LI • ••
PRINCIPAL CRAI• MARTIN
:9 BIRCH • •
READING, :.
246123000000072&
MULLINS JOHN J
HELEN F MULLINS
24 HILLSIDE RD
READING, MA 01867
246123000000111&
CHOPELAS WILLIAM
79 OAKLAND ROAD
READING, MA 01867
2461130000000010
BRA]NDT DEVELOPMENT
C/O SY ES ASSOCIATE
50 DODGE ST
BEVERLY, MA 01915
2461130000000040
AGO BRIAN E
PATRICIA A AGO
58 LONGFELLOW RD
READING, MA 01867
246113000000016&
TAMBURRINO THOMAS J
BARBARA F TAMBURRINO
54 PARKVIEW ROAD
READING, MA 01867
2461130000000260
PEACOCK STEPHEN C
KIM B PEACOCK
39 LONGFELLOW RD
READING, MA 01867
2461130000000450
TAIBBI JOSEPH
TAIBBI JOAN
20 GOULD ST
WAKEFIELD, MA 01880
2461130000000480
CALLAHAN THOMAS F
ELIZABETH E CALLAHAN
64 LONGFELLOW RD
READING, MA 01867
www.avery.com
1- 800 -GO -AVERY
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2461130000000490
NANNIENZO*
LORRAINE M ORLANDO
62 LONGFELLOW ROAD
READING, MA 01867
2461130000000550
YOUNG KATHLEEN
34 KINGSTON ST
READING, MA 01867
2461130000000580
COSTA DAVID G
MARY C COSTA
4 OAKLAND RD
READING, MA 01867
Bend along line to
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2461130000000530
MORRIS RICHARD F
ANN M MORRIS
79 LONGFELLOW RD
READING, MA 01867
2461130000000560
HORGAN MARY T
65 LONGFELLOW ROAD
READING, MA 01867
2461130000000590
ENSMINGER DANIEL A
JOAN ENSMINGER
6 OAKLAND RD
READING, MA 01867
AVr=RY@) 51600
2461130000000540
CULLEN JOSEPH I JR
KATHLEEN B CULLEN
73 LONGFELLOW ROAD
READING, MA 01867
2461130000000570
MORTON FRANCIS R
MORTON SUSAN E
63 LONGFELLOW RD
READING, MA 01867
WTFN�Ffl Alp"q1"
SCHOOL
82 OAKLAND RD
READING, MA 0 1867
ttiquettes faciles & peter I A Repliez A la hachure af in do www.avery.com
.'! --- I- �xirnNeO r-,trn@ i Sens de reveler le rebord Poo -Ui3TM 1-800-GO-AVERY
LEGALNOTICE
TOWN OF READING
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold the follow-
ing public hearings on Tuesday;
September 22, 2009 in the
Selectmen's Meeting Room, 16
Lowell Street., Reading,
Massachusetts-.
-Parking Regulations - Mt.
Vernon Street 8:15 p.m.
"Rescinding Parking
Regulations on Birch Meadow
Drive, Hillside, Road, Waverly
Road, Longfellow Road 8:30
P.
, Parking Regulations on
Lowell Street (in front of CVS)
8:45 m.
-Approving Amendments to
Liquor Policies 9:00 p.m.
Amendments to Policy on
Solicitation /Acceptance of
Donations 9:15 p.m.
A copy of the proposed doc-
uments regarding these topics
are available in the Town
Manager's Office, 16 Lowell
Street, Reading, MA from 8:30
a.m. - 5:00 p.m., M7F and are
attached to the hearing notice
on the website at www.reading
ma.gov
All interested parties may
appear in person, may submit
their comments in, writing, or by
email to townmanager @ ci. read
ing.ma.
By order of
Peter I. Hechenbleikner
Town Manager
9/15
TOWN OF READING
Voted: The Traffic Rules and Regulations adopted by the Board of Selectmen, for
the Town of Reading, are hereby amended by re- adopting under Article 5, Section
5.4.1 and amending it to the following:
115.4.130 Minute Parking; No Person shall park a vehicle between the
hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, for more than
thirty (30) minutes on any of the streets or parts of streets listed in Appendix A-
2.11
Street
Location
Regulation
Lowell Street
From the corner of Main
"30 Minute Parking
Street on the westerly
Between 8:00 am and 8:00
side, six (6) spaces
pm Monday through
heading in a Northerly
Saturday."
direction.
DATE OF PASSAGE SELECTMEN'S SIGNATURES
TOWN CLERK OF READING
TOWN CORPORATE SEAL
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T'" A
MCGRIFF READING LLC
C/o WALGREEN CO MS #1435
104 WILMOT RD
DEERFIELD, IL 60015
ANTON ARTHUR C
SOCRATES C ANTON
500 CLARK RD
TEWKSBURY, MA 01876
VENETIAN MOON
680 MAIN STREET
READING, MA 01867
PURPLE DOOR PAINT STORE
47 HARNDEN STREET
READING, MA 01867
YOGA EAST
12 WOBURN STREET
READING, MA 01867
CHINATOWN CAFE
672 MAIN STREET
READING, MA 01867
FAMILY DENTAL
636 MAIN STREET
READING, MA 01867
WALGREENS
MANAGER
5 HARNDEN STREET
READING, MA 01867
BOSTON READING LLC
715 BOYLSTON ST
BOSTON, MA 02116
OLD SOUTH METHODIST CH
6&12 SALEM ST
READING, MA 01867
NEW ENGLAND PROPERTIES
739 CREEKS EDGE
CHARLESTON, SC 29412
ANTONS CLEANERS
47 HARNDEN STREET
READING, MA 01867
GOODHEARTS
642 MAIN STREET
READING, MA 01867
KUMON OF READING
670 MAIN STREET
READING, MA 01867
BELLS FAMILY HAIRCUTS
288 MAIN STREET
READING, MA 01867
HARRIS G. REALTY TRUST
DAVID L ANKELES ESQUIRE
6 LINCOLN RD
PEABODY, MA 01960
O'CONNOR THOMAS C
BARBARA A O'CONNOR
163 VAN NORDEN RD
READING, MA 01867
WINE SHOP OF READING
676 MAIN STREET
READING, MA 01867
DANVERS SAVINGS BANK
37 HARNDEN STREET
READING, MA 01867
TOWN PIZZA DELI
648 MAIN STREET
READING, MA 01867
MIDDLESEX ANIMAL HOSPITAL
668 MAIN STREET
READING, MA 01867
CvS
MANAGER
656 MAIN STREET
READING, MA 01867
ttiquettes faciles A peter I A Repliez A la hachure a' in de www.avery.com
1. I.rR) i _Sens de rLwAlar 1= rahnrcl Pnn -UnTM 1-800-GO-AVERY
LEGALNOTICE
TOWN OF READING
To the Inhabitants of the
Town of Reading:
Please. take notice that the
Board of Selectmen of the Town
of Reading will hold the follow-
ing public hearings on Tuesday;
September 22, 2009 in the
Selectmen's Meeting Room, 16
Lowell Street., Reading,
Massachusetts:
-Parking Regulations - Mt.
Vernon Street 8:15 p.m.
-Rescinding Parking
Regulations on Birch Meadow
.Drive, Hillside. Road, Waverly
Road, Longfellow Road
p.m.
*Parking Regulations on
Lowell Street (in front of CVS)
8:45 p.m.
-Approving Amendments to
Liquor Policies 9:00 p.m. -
*Amendments to olicyy on
Sol icitation/Acceptance of
Donations 9:15 p.m.
A copy of the proposed doc-
uments regarding these topics
are available in the Town
Manager's Office, 16 Lowell
Street, Reading, MA from 8:30
a.m. - 5:00 p.m., .M-F and are
attached to the hearing notice
on the website at www.reading
ma.gov
All interested parties may
appear in person, may submit
their comments in, writing, or by
email to. townmanager @ ci. read
ing.ma.us.
By order of
Peter I. Hechenbleikner
Town Manager
9/15
4)l
ARTICLE 3 - LICENSES
Section 3.2 — Liquor License Policy
This policy shall apply to all premises licensed for the sale and/or consumption of
alcoholic beverages and the issuance of all Special Licenses by the Licensing Authority (Board
of Selectmen) pursuant to its authority as the Licensing Authority of the Town of Reading as
determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules
and regulations of the Commonwealth of Massachusetts.
The following chart indicates which portion of these regulations applies to which type of
license:
Category
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
Retail Package Goods Store License
for All Kinds of Alcoholic Beverages
X
X
not to be Drunk on the Premises
Restaurant License to Expose, Keep
for Sale, and to Sell All Kinds of
X
X
X
X
Alcoholic Beverages to be Drunk
on the Premises
Restaurant License to Expose, Keep
for Sale, and to Sell Wine and
X
X
X
X
Malt Beverages to be Drunk on
the Premises (less than 100 seats)
Club License to Expose, Keep
for Sale, and to Sell All Kinds
X
X
X
of Alcoholic Beverages to be
Drunk on the Premises
I
Special Licenses
X
Amendments - Changes to this policy may be made by majority vote of the Board of
Selectmen and shall be discussed at a public meeting. Notice of any change in policy shall be
made to all licensees in a timely manner.
3 -1 Board of Selectmen Policies
3.2.1 — General Requirements for All Licensed Establishments
3.2.1.1— Plan Required
A plan of the building and a detailed floor plan of the licensed premises including the
capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No
alterations shall be permitted to the premises without approval in advance from the Licensing
Authority.
3.2.1.2 — Deliveries
Deliveries to licensed establishments shall be made only during business hours and shall
be made in a manner so as not to disrupt neighbors or interfere with traffic or parking.
3.2.1.3 — Inspection
The licensed premises shall be subject to inspection by the Police, the Licensing
Authority, and other duly authorized agents of the Licensing Authority. Any hindrance or delay
of such inspection caused by an employee of the licensee shall be cause for action against the
license.
3.2.1.4 — Advertisements
No advertising matter, screen, curtain or other obstruction, which prevents a clear view of
the interior of the premises, shall be maintained in or on any window or door.
3.2.1.5 — Automatic Amusement Devices
No establishment licensed for the on- premises or off - premises sale or consumption of
alcohol shall permit the use of any automatic amusement device or electronic game as defined by
M.G.L. Chapter 140, Section 177A unless specifically licensed to do so by the Board of
Selectmen.
3.2.1.6 — Duty to Perform
An applicant for a license to sell liquor on or off premises shall within 45 days of the
issuance of such license commence construction of the licensed premises which shall be fully
operational within 120 days of the issuance of such license, unless otherwise approved by the
Licensing Authority. Thereafter, the licensee will continuously operate the premises in
accordance with the terms and conditions of the license. The closing of the licensed
establishment for seven consecutive calendar days or for more than 20 regular business calendar
days during a calendar year shall be deemed to be abandonment of the license and sufficient
grounds for revocation, unless prior approval is granted by the Licensing Authority. Such
revocation shall only be done following a public hearing. Upon application by the licensee, the
Licensing Authority may waive this abandonment provision in the event of major renovation,
destruction by fire or flood or other similar circumstance.
3.2.1.7 - Establishment of Written Policies
Licensees shall establish written policies regarding the sale or service of alcoholic
beverages based upon the requirements of the regulations of the Alcoholic Beverages Control
Commission, these regulations, and any other conditions placed on the license.
3 - 2 Board of Selectmen Policies
3.2.1.8 - Alcohol Policy for Staff While Serving
No Manager, Alternate Manager or employee shall consume any alcoholic beverages
while on duty.
No Manager, Alternate Manager or employee shall consume any alcoholic beverages on
the premises after the official closing hour per MGL, Chapter 138, Section 12. and Section 15.
3.2.1.9 - Alcohol Management or Server Training
Licensees, Managers and principal representatives of licensed establishments are required
to successfully complete an alcohol management or server training course (depending on the
type of license) approved by the Liquor Liability Joint Underwriting Association of
Massachusetts at the time of issuance of the license.
Servers of alcoholic beverages shall be required to successfully complete a server training
course approved by the Hospitality Mutual Insurance Company (or any training course reviewed
by and approved by the Licensing Authority) within three (3) months of becoming employed in a
position where they are serving alcohol to customers. There must be a certified employee on the
premises at all times.
All persons required to successfully complete an alcohol management or server training
course must be successfully retrained prior to the end of the certification period. The licensee
shall certify annually to the Licensing Authority at the time of renewal of the license that the
licensee, Manager, and all employees meet this requirement. Certificates shall be kept on file and
available for inspection upon request
3.2.1.10 - Liquor Liability Insurance Requirement
Licensees are required to have, or otherwise provide, liquor liability insurance in the
minimum amount determined from time to time by the Licensing Authority. This requirement is
applicable regardless of whether the licensee rents, or otherwise provides the licensed premises
to a third party. Limited exceptions to this requirement may be granted by the Licensing
Authority for reasons of hardship or upon adequate proof of inability to obtain the required
insurance. There is no right to an exception, and the Licensing Authority is not required to grant
such an exception. Licensees shall provide the Board of Selectmen with a copy of the Certificate
of Insurance upon the issuance or renewal of a license.
3.2.1.11— Staffing
Licensees shall maintain an adequate ratio of staff to patrons in order to properly monitor
beverage sales and consumption.
3.2.1.12 - Supervision — Presence
The licensee, a Manager or principal representative of the licensee shall be present in the
licensed premises at all times during which alcoholic beverages are being sold pursuant to the
license, and shall be available to the licensing authorities and its agents during all such times
unless some other person, similarly qualified, authorized and satisfactory to the Licensing
Authority, and of whose authority to act in place of such Manager or principal representative
3 -3 Board of Selectmen Policies
shall first have been approved by the Licensing Authority in the manner aforesaid is present in
the premises, and is acting in the place of such Manager or principal representative.
3.2.1.13 — Duty to Keep Order
No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or
illegality of any kind to take place in or on the licensed premises. The licensee shall be
responsible therefore whether present or not. There shall be no indecent or immoral
entertainment on the licensed premises.
3.2.1.14 — Proof of Age
The Licensee, Manager, principal representative, bartender and waitress /waiter shall
refuse to serve any patron under the age of twenty -one (21). When in doubt of age, they shall
require the showing of an identification card or license in accordance with Chapter 138, Section
34B of the General Laws.
3.2.1.15 — Minimum Age of Employee or Server
No employee of any licensed establishment who is serving, clearing or otherwise
handling alcoholic beverages shall be under the age of 18.
3.2.1.16 — Prohibition of Bringing Alcoholic Beverages onto the Premises
There shall be no alcoholic beverages brought onto the premises of a licensed
establishment except for deliveries for the operation of the business as controlled by the laws,
rules and regulations of the Commonwealth of Massachusetts.
3.2.1.17 - Information Regarding the Alleged Service of Alcohol Prior to Violation for
Driving Under the Influence of Intoxicating Liquors
Upon the receipt of a letter from the Office of the Attorney General or the Middlesex
District Attorney's Office pursuant to G.L. c. 90, Sec. 24J or any other statute, or any other
notice regarding the alleged service or sale of alcohol to an individual who is subsequently
convicted or pleads guilty to a violation of driving under the influence of intoxicating liquors, or
enters a disposition under Section 24D of Chapter 90, the Licensing Authority:
o Shall forward a copy of the letter to the licensee cited, along with a copy of these rules
and regulations.
♦ May request that the licensee appear before the Licensing Authority to respond to the
allegation.
Upon the receipt of two or more letters in a two -year period, the licensee shall be required to
appear before the Licensing Authority to respond to the allegations.
Any disciplinary action taken by the Licensing Authority shall be taken in accordance with
the provisions of the Reading Liquor Policy, the Massachusetts General Laws, and Rules and
Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of
the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the
court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to
allow for a finding that a licensee has committed a violation.
3 - 4 Board of Selectmen Policies
S
3.2.1.18 — Duty to Report an Attempt to Purchase by a Minor
The licensee shall be required to report to the Reading Police Department any time a
person attempts to purchase alcohol while being underage, or attempts to use an altered or forged
identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately
report to the Reading Police Department any time they suspect an adult is purchasing alcohol for
a minor. These infractions must be reported even when the incident takes place off premises,
such as for home deliveries.
Licensees shall make all reasonable and diligent efforts to report any illegality on the
licensed premises.
3.2.1.19 — Liquor License Fees
The following fees are established for each calendar year for the categories of license
available in the Town of Reading:
Category
2007
2008
2009
2010
Retail Package Goods Store License for
$2000
$2100
$2200
$2300
All Kinds of Alcoholic Beverages not to
Drunk on the Premises
be Drunk on the Premises
11:00 a.m. to 12:00 midnight
Keep for Sale, and to Sell All
Monday through Saturday, and
Restaurant License to Expose, Keep for
$3200
$3300
$3400
$3500
Sale, and to Sell All Kinds of Alcoholic
Beverages to be Drunk on the Premises
Restaurant License to Expose, Keep for
$2400
$2400
$2450
$2500
Sale, and to Sell Wine and Malt Beverages
to be Drunk on the Premises
Club License to Expose, Keep for Sale, and
$1000
$1000
$1050
$1100
to Sell All Kinds of Alcoholic Beverages to
be Drunk on the Premises
3.2.1.20 — Hours of Operation
The following shall be the hours of operation for premises licensed for sale and /or service .
of alcoholic beverages by the Town of Reading:
Category
Hours of Operation
Exceptions
Retail Package Goods Store
8:00 a.m. to 11:00 p.m., except 8:00
See Sunday Sales in
License for All Kinds of
a.m. to 11:30 p.m. the day before a
Section 3.2.1.21 below
Alcoholic Beverages not to be
holiday
Drunk on the Premises
Restaurant License to Expose,
11:00 a.m. to 12:00 midnight
Keep for Sale, and to Sell All
Monday through Saturday, and
Kinds of Alcoholic Beverages to
12:00 noon to 12:00 midnight on
be Drunk on the Premises
Sundays
3 -5 Board of Selectmen Policies
Restaurant License to Expose,
11:00 a.m. to 12:00 midnight
Keep for Sale, and to Sell Wine
Monday through Saturday, and
and Malt Beverages to be Drunk
12:00 noon to 12:00 midnight on
on the Premises (less than 100
Sundays
seats)
Club License to Expose, Keep for
8:00 a.m. to 2:00 a.m. except on
Sale, and to Sell All Kinds of
Sundays and legal holidays when the
Alcoholic Beverages to be Drunk
hours are 12:00 noon to 1:00 a.m.
on the Premises
3.2.1.21— Sunday Sales for Package Stores
Sunday sales for Package Stores are permitted, pursuant to M.G.L. c, 138, §15, subject to
the following conditions:
♦ No sales may be made prior to noon on Sunday;
♦ No sales may be made after 11:00 p.m. on Sunday, except that no sales may be made
after 11:30 p.m. on a Sunday that immediately precedes a legal holiday;
♦ Employees must be paid for working on Sunday at a rate not less than 1' /2 of the
employees' regular rate;
♦ No employee may be required to work on a Sunday; refusal to work on a Sunday is not
grounds for discrimination, dismissal, discharge, deduction of hours or any other
penalty;
+ If a Section 15 licensee intends to close one day per week except Sundays, such licensee
must notify the Licensing Authority of such licensee's intended hours of operation.
3.2.1.22 — Breech of Policy or Conditions
For breach of any of the requirements, restrictions or conditions of this policy of license,
the Licensing Authority reserves the power and right to modify, suspend, revoke or cancel the
license in accordance with the law.
I-
3 - 6 Board of Selectmen Policies kk
3.2.2 — Requirements for All:
♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic
Bevera ,zes to be Drunk on the Premises
♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to
be Drunk on the Premises (less than 100 seats)
All licensees for the service of alcohol, whether the holder of
♦ Restaurant License - All Kinds of Alcoholic Beverages
♦ Restaurant License - Wine and Malt Beverages (less than 100 seats)
shall, in addition to Section 3.2.1 of this policy, adhere to the following policies:
3.2.2.1— Advertisement
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
permitted
3.2.2.2 — Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal
silverware. No plastic or paper dinnerware or silverware is permitted.
♦ An establishment that has a separate and distinct take -out area may be licensed for the sale of
beer and wine on the premises.
♦ Alcohol must be served in glass or pottery containers only. No paper, plastic or other
containers will be used for service. Pitchers or carafes of beer or wine with a capacity of 750
ml or less will be permitted.
3.2.2.3 — Toilet Facilities Required
No premises shall be licensed unless toilet facilities meeting all requirements of the
current edition of the State Building Code and State Sanitary Code are available to the customers
of the license premises.
3.2.2.4 - List of Alternative Transportation
Licensees shall maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.2.5 - Orderly Closing
Licensees shall ensure that patrons leave the premises in an orderly manner within the
time limits established below
• There shall be no sale of alcoholic beverages or food after the closing hour
established in the table in Section 3.2.1.20. Sale shall be defined as delivery of
alcoholic beverages or food to the customer.
1
3 -7 Board of Selectmen Policies
• All tables and service locations shall be cleared of alcoholic beverages within '/2 hour
after the closing hour as established in the table in Section 3.2.1.20.
• All customers shall be off the premises within 1 hour of the closing time as
established in Section 3.2.1.20.
3.2.2.6 — Prohibition of taking Alcoholic Beverages from the Premises - Exceptions
There shall be no alcoholic beverages taken from the premises of an establishment
licensed under M.G.L. c.138, §12 except for deliveries for the operation of the business as
controlled by the laws, rules and regulations of the Commonwealth of Massachusetts, and with
the exception of partially consumed bottles of wine which are purchased with a meal and
resealed in accordance with 204 CMR 2.18 of the Regulations of the Alcoholic Beverages
Control Commission.
3.2.2.7 — Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3.2.2.8 Service of Alcoholic Beverages Limited to Hours that Food Services is Provided
The hours during which sales of alcoholic beverages may be made in a licensed premise
is further limited to the times when a full menu of food service is available. No alcoholic
beverages may be sold or served in a licensed premise before food service is available, nor after
the food service has been suspended.
3.2.2.9 - Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served directly to the public at such service
bar, and no stools or chairs are to be placed at said service bar.
3 -8 Board of S electmen Policies
3.2.3 — Requirements for All: Restaurant License to Expose, Keep for Sale, and to Sell All
Kinds of Alcoholic Beverages to be Drunk on the Premises
All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall
adhere to the following policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this
policy:
3.2.3.1 - Minimum Seating Requirement
A Home Rule petition by the Town of Reading, approved by the General Court of the
Commonwealth of Massachusetts authorized the Town of Reading to allow for All Alcoholic
service in restaurants with fewer than 100 seats. This legislative action was confirmed by the
voters of the Town in the Election of April 7, 2009. At its sole discretion, the Licensing
Authority may allow all alcoholic service to any or all restaurants with less than 100 seats. No
more than 15% of the seats shall be at a bar.
1�t,
3 - 9 Board of Selectmen Policies
k
3.2.4 — Requirements for:
Restaurant License to Expose, Keep for Sale, and to Sell Wine
and Malt Beverages to be Drunk on the Premises (less than 100 seats)
All Restaurants Licensed to Expose, Keep for Sale, and to Sell Wine and Malt Beverages
to be Drunk on the Premises (less than 100 seats) shall adhere to the following policies in
addition to the provisions of Sections 3.2.1 and 3.2.2 of this policy:
3.2.4.1— Purpose and Intent
A Home Rule petition by the Town of Reading, approved by the General Court of the
Commonwealth of Massachusetts authorized the Town of Reading to issue a limited number
(currently 5) of Beer and Wine licenses to restaurant establishments with fewer than 100 seats.
This legislative action was confirmed by the voters of the Town in the Election of March 24,
1998. This policy is established pursuant to that vote.
The intent of this policy is to encourage the development and retention of smaller
specialty restaurants in the Downtown area of Reading in order to enhance the economic vitality
of the Downtown area. It is recognized that the serving of beer and wine in a restaurant is part of
the customers' dining experience.
3.2.4.2 — Maximum Seats
A restaurant holding a "Wine and Malt Beverage" license shall have seating for less than
100 customers. All seats shall be at tables -- there shall be no seating at a bar.
3.2.4.3 — Service Bar
Only a service bar is permitted. Its function is to serve to restaurant employees who
serve the customers and can be used to serve drinks to those customers waiting to dine. There
will be no seats at this bar.
3.2.4.4 - Seating Requirement
There shall be no service of alcohol to anyone unless they are seated at a table.
3-10 Board of Selectmen Policies
3.2.5 Requirements for Club License to Expose, Keep for Sale, and to Sell All Kinds of
Alcoholic Beverages to be Drunk on the Premises
All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on
the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1
of this policy:
3.2.5.1- Minimum Seating Requirement
There shall be no minimum seating for a club license. No more than 15% of the seats
shall be at a bar.
3.2.5.2 — Advertisements
No premises shall be licensed that contain any advertisement or sign upon which appears
the brand name of any product sold in the establishment including wine or beer, except that signs
or advertisements inside of the premises that cannot be seen from the exterior of the premises are
permitted.
3.2.5.3 — Requirements for Service of Food and Drink
In licensed premises, all food and drink service shall conform to the following:
There is no requirement for service of food in clubs.
♦ Plastic glasses are permitted. Service will be by the glass or bottle, or glass or pottery
pitchers or carafes of beer or wine with a capacity of 750 ml or less will be permitted.
3.2.5.4 — Toilet Facilities Required
No premises shall be licensed unless toilet facilities meeting all requirements of the
current edition of the State Building Code and State Sanitary Code are available to the customers
of the license premises.
3.2.5.5 - List of Alternative Transportation
Licensees shall maintain a written list of the telephone numbers of local taxicab
companies next to the public telephone. If there is no public telephone, the list should be
available for patrons when requested.
3.2.5.6 - Orderly Closing
Licensees shall ensure that patrons leave the premises in an orderly manner within the
time limits established below
• There shall be no sale of alcoholic beverages or food after the closing hour
established in section 3.2.1.20. Sale shall be defined as delivery of alcoholic
beverages or food to the customer.
• All tables and service locations shall be cleared of alcoholic beverages not later than
30 minutes after the closing hour established in Section 3.2.1.20.
• All customers shall be off the premises not later than one hour after the closing hour
established in Section 3.2.1.20.
J
V
3- 11 Board of Selectmen Policies
3.2.5.7 — Prohibition of taking Alcoholic Beverages from the Premises
There shall be no alcoholic beverages taken from the premises of a licensed
establishment.
3.2.5.8 — Refusal of Service
The Manager of any premises licensed under this policy shall refuse to serve any patron
who is approaching a condition of "Under the Influence."
3.2.5.9 - Service Bar
In the event that an area is designed as a "service bar," which is distinct from what is
commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and
no stools or chairs are to be placed at said service bar.
3- 12 Board of Selectmen Policies
3.2.6 — Requirements for Special Licenses under Section 14
3.2.6.1
Special liquor licenses may be issued by the Town for commercial establishments or for
non - profit organizations.
3.2.6.2
Holders of special licenses shall provide the liquor to the attendees of any event -- "bring
your own liquor (or beer or wine)" will not be permitted. The license holder is required to
comply with 204 CMR 4.00 (the prohibited practices requirements). License holders must
purchase their alcohol from a licensed Massachusetts wholesaler, in compliance with M.G.L.
Chapter 138, Section 14. Alcohol may not be purchased out of state, from a caterer, or from a
Section 15 package store. The Town will provide to licensees a list of licensed Massachusetts
wholesalers, or the method by which a licensee may obtain such a list.
3.2.6.3
Holders of special licenses shall provide a bartender and /or servers who are trained and
authorized to make decisions regarding continued service of alcoholic beverages to attendees
(reference 3.2.1.9). There shall be no self service of any alcoholic beverage at an event approved
as a special license.
3.2.6.4
Applicants for special licenses shall provide proof of insurance to the Licensing
Authority with the application for the one day license.
3.2.6.5 — Limitations
A person or entity may only be issued a maximum of 30 Special Licenses in any calendar
year.
3.2.6.6 - Exceptions:
In the case of events held by private residents, outside of their private residence, the
Licensing Authority shall not require a special license where: (1) the event is by invitation only,
(2) money is not exchanged for alcohol, (3) tickets are not sold, (4) a donation is not required or
solicited, or (5) an entrance fee is not charged.
iv\
3 - 13 Board of Selectmen Policies
3.2.7 — Enforcement
3.2.7.1
Licensees violating applicable laws of the Commonwealth of Massachusetts, rules or
regulations of the Alcoholic Beverage Control Commission, and /or of the Town of Reading
Liquor Policies shall be subject to the following range of penalties:
Offense
Penalty
1" Offense
Warning to three days suspension
2" Offense
Three days to six days suspension
P Offense
Six days to 12 days suspension
4'h Offense
Show cause hearing for license revocation
The term "Offense" is defined as one violation of Massachusetts General Law, Chapter
138, and /or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules
and Regulations 204CMR, and /or Town of Reading local licensing regulations and any other law
or regulation of the Town of Reading.
Examples of criteria to invoke penalties are based on the following:
• Severity and type of offense
• Number of prior offenses
The penalties are only a guide. The Licensing Authority may use its discretion in
determining whether the facts surrounding a violation warrant a penalty which is more lenient or
sever than that suggested by the guidelines.
The penalties shall not be construed as to limit. the Licensing Authority's ability to
consider alternative dispositions or further conditions on a license, or even alternative penalties
(e.g. rolling back of the licensees operating hours, suspension of the licensee's common
Victualers license, and /or suspending the licensee's entertainment license.)
3.2.7.2 - Access to Premises by Police and Agents
It shall be the responsibility of the licensee to ensure that procedures are in place, by
posting a doorman or otherwise, to allow Police and authorized agents of the licensing Authority
immediate entrance into the premises at any time employees are on the premises. Any delay in
providing such access shall be cause for action against the license.
3.2.7.3 - Posting of Notice
Whenever the Licensing Authority warns a licensee or suspends the license or licenses of
any licensee, the Licensing Authority shall provide the licensee with a sign containing the words
"Closed by order of the Licensing Authority for the Town of Reading," or "warning issued by
the Licensing Authority of the Town of Reading" and stating the reason for the warning or
suspension. This sign shall be attached by the licensee on the inside of a window in a location
3-14 Board of Selectmen Policies
designated by the Licensing Authority which location shall be visible from the outside of the
licensed premises in a conspicuous place during the entire period of such warning or suspension.
3.2.7.4 - Astents of the Licensiniz Authority
The Licensing Authority hereby appoint the Chief of Police and the Police Department
Lieutenants and Sergeants as agents of the Licensing Authority to insure that the policies of the
Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing
are adhered to by all licensees.
3.2.7.5 - Compliance Operations
The Licensing Authority shall from time to time review with the Police Chief guidelines
for compliance operations by the Police Department.
The Licensing Authority hereby assigns the responsibility of conducting annual
inspections of liquor license holders to the Town Manager. These inspections will serve the
purpose of reviewing and checking compliance with the Licensing Authority's liquor policies.
Revised 2- 10 -09: Revised - -09
3- 15 Board of Selectmen Policies
LEGALNOTICE
To the Inhabitants of the
Town of Reading:
Please take notice that the
Board of Selectmen of the Town
of Reading will hold the follow-
ing public hearings on Tuesday;
September 22, 2009 in the
Selectmen's Meeting Room, 16
Lowell Street., Reading,
Massachusetts:
, -Parking Regulations - Mt.
Vernon Street 8:15 p.m.
-Rescinding . Parking
Regulations on Birch Meadow
.Drive, Hillside Road, Waverly
Road, Longfellow Road 8:30
p.m.
•Parking Regulations on
Lowell Street (in front of CVS)
8:45 p.m.
- •. Approving Amendments to
Liquor. licie
*Amendments to Policy on
Sol icitation/Acceptance of
Solicitation /Acceptance
9.1
Donatio s9:15 =.m.
A copy of the proposed doc-
uments regarding these topics
are available in the Town
Manager's Office, 16 Lowell
Street, Reading, MA from 8:30
a.m. - 5:00 p.m., .M-F and are
attached to the hearing notice
on the website at www.reading
ma.gov
All interested parties may
appear in person, may submit
(heir comments in, writing, or' by
email to.townmanager @ci.read
ing.ma.us.
By order of
Peter 1. Hechenbleikner
Town Manager
9/15 L4
Section 13 — 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.
Equipment, Plantings, and programs:
W
• 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,
Commiftees, 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 w-i-4 may establish guidelines which specifically
describe different types of fundraising and appropriate actions.
Adopted 3 -8 -94, Revised 12 -13 -94 80
��,3'
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
1 With all revisions through April, 2006
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 November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
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.
ti
Reading Home Rule Charter 2 With all revisions through April, 2006
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
[Amended 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, 2005]
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, 20051
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
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: Presiding 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, 2005]
Reading Home Rule Charter
4 With all revisions through April, 2006
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 Meeting Members
Subject to conditions that may be determined from time to time by Town Meeting
Members, any person who is not a Town Meeting Member may be allowed to speak at
any representative Town Meeting but shall not vote.
At the request of the Moderator or Town Meeting, any Town Officer or
Department Head 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 Standing 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)]
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
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) terns 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
With all revisions through April, 2006
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, 2005]
Committee on Bylaws
There shall be a Bylaw Committee consisting of five (5) voters of the Town,
appointed for three (3) year staggered terms. The Bylaw Committee shall propose and
consider changes in the 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, 2005]
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
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: Meetings
The Town Meeting shall meet at least twice in each calendar year. The Annual
Town Meeting shall be held during the first six calendar months at a time fixed by bylaw,
and shall be primarily concerned with the determination of matters that have a fiscal
effect on the Town including, but not limited to, the adoption of an annual operating
budget for all Town agencies. A Subsequent Town Meeting shall be held during the last
three calendar months at a time fixed by 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
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.
[Amended 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
Readin g Home Rule Charter 8 With all revisions through April, 2006
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, 20051
The Board of Selectmen shall be the Licensing Board of the Town and shall have
the power to issue licenses, to make all necessary rules and regulations regarding the
issuance of such licenses, and to attach such conditions and restrictions thereto as it
deems to be in the public interest, and to enforce the laws relating to all businesses for
which it issues licenses.
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 Library Trustees
There shall be a Board of Library Trustees consisting of six (6) members elected
for three (3) year terms so arranged that two (2) terms shall expire each year.
The Board of Library Trustees shall have control over the selection of Library
materials, and shall have custody and management of the Library and of all property of
the Town related thereto, except that the Town Manager 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
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 fiirther 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)]
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051 ` O
Reading Home Rule Charter 10 With all revisions through April, 2006 k� P
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, 1990]
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• Community Planning and Development Commission
There shall be a Community Planning and Development Commission consisting
of five (5) members appointed by the Board of Selectmen for three (3) year terms so
arranged that as nearly an equal number of terms as possible shall expire each year.
The Community Planning and Development Commission shall make studies and
prepare plans concerning the resources, developmental potential and needs of the Town.
The Community Planning and Development Commission shall report annually to the
Town giving information regarding the physical condition of the Town, and any plans or
proposals known to it affecting the resources, physical development and needs of the
Town.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 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 11 With all revisions through April, 2006 � J"
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 may be authorized by the
Charter, by bylaw, or by other Town Meeting vote.
Section 4 -3: Housing Authority
There shall be a Housing Authority consisting of five (5) members. Four (4)
members shall be appointed by the Selectmen, the fifth (5th) member shall be a resident
of the Town, appointed by the Commonwealth or as otherwise provided by law. Housing
Authority Members shall serve for five (5) year terms so arranged that one (1) term shall
expire each year.
The Housing Authority shall have all of the powers and duties given to housing
authorities under the 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 Appeals
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, 2006]
Section 4 -5: Cemetery 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, 2005]
Section 4 -6: Council on Aging
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 B (�'
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 the Town on April 5, 2005]
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 held 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
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, Qualifications, 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 "
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.
1k
Reading Home Rule Charter 15 With all revisions through April, 2006 V\
(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.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 5 -4: Acting Town Manager
(a) Temporary Absence.- By letter filed with the Town Clerk and the Board
of Selectmen, the Town Manager shall designate a qualified Town officer
or employee to serve as acting Town Manager during any temporary
absence anticipated not to exceed ten (10) working days.
(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.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005) `
Read in g Home Rule Charter 16 With all revisions through April, 2006
(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 `
With all revisions through April, 2006
Reading Home Rule Charter 17 Wit g
public hearing, then five (5) days from the completion of the public
hearing or forty -five (45) days from the date of the adoption of the
preliminary resolution, whichever occurs later, the Board of Selectmen
may by a vote of a majority of its members adopt a final resolution of
removal that shall be effective upon adoption. Failure to adopt a final
resolution of removal within the 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) Bylaws - 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 Organization — Subject only to express prohibitions in the
Constitution, the General Laws or the Charter, the Board of Selectmen,
after consultation with the Town Manager, may from time to time, prepare
and submit to the Town Meeting for approval a table of organization or
reorganization, or amendments to any existing table of organization for the
orderly, efficient or convenient conduct of the business of the Town.
Readin g Home Rule Charter 18 With all revisions through April, 2006 �
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 Ormanization
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
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) Policy Formulation — The Board of Selectmen, acting through the Town
Manager, shall be responsible for the overall supervision of the
Department of Public Works and for the establishment of policies and
priorities to govern the operation of the department.
The Board of Selectmen shall have the same power to adopt rules
and regulations and grant licenses previously given by law to the
Department of Public Works and its predecessor water, sewer and park
commissions.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 20051
Section 6 -4: Town Counsel
Appointment, Qualifications, Term of Office — The Board of Selectmen each year shall
appoint a Town Counsel and fix his compensation within the amount annually
appropriated for that purpose. The person appointed and employed by the Selectmen as
Town Counsel shall be a member in good standing of the bar of the Supreme Judicial
Court of Massachusetts and of all other courts before which he has been admitted to
practice. Any Special Counsel employed by the Selectmen shall be a member in good
standing of the bar of all courts before which he has been admitted to practice.
Powers and Duties — In addition to those duties which the Selectmen may request or
authorize the Town Counsel to perform, he shall have the following powers and duties:
(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.
[A »tended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
Reading Home Rule Charter 20 With all revisions through April, 2006
,�o
Section 6 -5: Town Accountant
Appointment, 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, 2005]
Powers and Duties — The Town Accountant shall be subject to the supervision of the
Town Manager. He shall have, in addition to the powers and duties conferred and
imposed upon Town Accountants by General Laws, the following powers and duties:
(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. y
With all revisions through April, 2006
Reading Home Rule Charter 21 W g
Vacancy — If the Town Accountant is unable to perform his duties because of disability
or absence, or if the office is vacant because of resignation, dismissal or death, the Board
of Selectmen may appoint a temporary Town Accountant to hold such office and exercise
the powers and perform the duties until the Town Accountant who was disabled or absent
resumes his duties, or until another Town Accountant is duly appointed. Said temporary
appointment shall be in writing, signed by the Board of Selectmen and filed in the office
of the Town Clerk.
Section 6 -6: Town Treasurer - Collector
Appointment, Qualifications, Term of Office — There shall be a Town Treasurer -
Collector, appointed by the Town Manager for a term of one year. The Town Treasurer -
Collector shall be qualified in accordance with State law. The Town Treasurer - Collector
shall devote his entire time to the performance of his duties and the supervision of the
employees of his department.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
The Town Treasurer - Collector shall be appointed in March of every year for a
one (1) year term to run from the first day of the following April and until the
qualification of his successor. The Town Treasurer - Collector may be removed by the
Town Manager for cause, and the vacancy filled by him in the same manner as an
original appointment, for the remainder of the unexpired term.
Powers and Duties — The Town Treasurer- Collector shall be subject to the supervision
of the Town Manager. He shall have, in addition to the powers and duties conferred and
imposed upon Town Treasurers and Town Collectors, by General Laws, the following
powers and duties:
(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
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 (1s) and end on June thirtieth
(30th), 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: Budget Message
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 R ule Charter 23 With all revisions through April, 2006 �
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 Hearin& — 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 ply
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
J
Readin g Home Rule Charter 24 With all revisions through April, 2006
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 Changes
This Charter may be replaced, revised or amended in accordance with the .
procedures made available by Article LXXXIX of the amendments to the Constitution of
the Commonwealth and the provisions of General Laws, 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, 2005] �
Reading Home Rule Charter 25 With all revisions through April, 2006
Section 8 -2: Severability
The provisions of the Charter are severable. If any provision of the Charter is
held invalid, the other provisions of the Charter shall not be affected thereby. If the
application of the Charter or any of its provisions to any person or circumstance is held
invalid, the application of the Charter and its provisions to other persons and
circumstances shall not be affected thereby.
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, 20051
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) Exofficio - A member of any multiple- member body, except a member of
the Rules Committee, who, by virtue of his office or position, is appointed
to an ad hoc or other multiple- member body. A person serving as an
exofficio member shall not be required to take an additional oath of office
to serve in such capacity.
(c) Librar — 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
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(e) Majority Vote - The word "majority vote" shall mean as to the Town
Meeting a majority of those present and voting provided that a quorum of
the body is present. As to all multiple- member bodies, the affirmative vote
of a majority of all its members shall be necessary to adopt any motion,
order, appointment or approval to take any action not entirely procedural
in nature.
(f) Multiple- Member Body - The word "multiple- member body" shall mean
any Board, Commission or Committee consisting of two or more persons,
whether elected or appointed.
(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 Agency - 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, 2005]
Section 8 -9: Reenactment and Publication of Bylaws
Within one (1) year of the adoption of this Charter and at intervals of not more
than ten (10) years thereafter, proposed revisions or recodification of the bylaws of the s
Town shall be presented to Town Meeting by the Bylaw Committee.
Re g
adin Home Rule Charter 27 With all revisions through April, 2006 ky
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) Meetings - All multiple- member bodies of the Town whether elected,
appointed or otherwise constituted shall meet at such times and places
within the Town as they may, by their own rules, prescribe. Special
meetings of any multiple- member body shall be held on the call of the
respective chairman or by a majority of the members thereof by suitable
written notice delivered to the residence or place of business of each
member at least twenty -four (24) hours in advance of the time set. A
notice of each meeting shall be posted at least forty -eight (48) hours in
advance on the Town Bulletin Board, except in the event of an emergency
meeting within the meaning of General Laws, 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) Voting Except on procedural matters, all votes of all multiple- member
bodies shall be taken by a show of hands, or roll call vote, the results of
which shall be recorded in the minutes.
(d) Quorum - A majority of the members of the multiple- member body shall
constitute a quorum, but a smaller number may adjourn from time to time.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town 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
With all revisions through April, 2006
Reading Home Rule Charter 28
I
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, 2005]
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 1
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(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 a recall election has been
ordered, the election shall nevertheless proceed as provided in this section,
and the ballots for candidates shall, notwithstanding a recall provision to
the contrary, be counted to determine a successor in office.
(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
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 -15: Resignation of Town Officers
Any person holding an elective or appointive office may resign his office by filing
a resignation with the Town Clerk, and such resignation shall be effective immediately,
unless a time certain is specified therein when it shall take effect.
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 Existing Laws
(a) All bylaws, resolutions, rules, regulations, and votes of the Town Meeting
which are in force at the time this Charter is adopted, not inconsistent with
the provisions of this Charter, shall continue in force until amended or
repealed, including bylaws, if any, which have been passed and have been
approved by the Attorney General but have not yet been published.
(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. '3
Reading Home Rule Charter 31 With all revisions through April, 2006 �"
(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 1st, shall be
retained in a capacity as similar to his former.capacity as is practical until the expiration
of his elected term, or for a period of two (2) years from such date whichever is later, at
not less than his current rate of pay. The Executive Secretary shall be retained at not less
than his current rate of pay until the date which is thirty (30) days after the initial Town
Manager begins work, after which the position of Executive Secretary shall be
eliminated.
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 1st of the year receiving its
approval by the voters, except as otherwise provided in this section:
(a) Until such time as the Town Meeting acts, by bylaw or by other Town
Meeting vote, to establish a different method of notification of its sessions
shall be in accordance with present Town bylaw.
(b) As of July 1st, in the year in which this Charter is adopted, the Board of
Public Works and the Planning Board shall be abolished, and the
Selectmen shall appoint the members of the Community Planning and
Development Commission. Two members shall be appointed for three (3)
year terms, two (2) shall be appointed for two (2) year terms, and one (1)
shall be appointed for a one (1) year term.
(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
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With all revisions through April, 2006A
a Citizen's Screening Committee of not less than three (3) nor more than
five (5) members to recommend to the Selectmen by majority vote of all
members of the committee not more than five (5) candidates for
appointment as Town Manager. There shall be a widespread, diligent
search for candidates to be considered.
The appointment to fill this position shall be made effective not
later than November 1st in the year in which this Charter is adopted. The
initial Town Manager shall receive upon his appointment a starting salary
of not less than $40,000 per year.
(d) All elected officials serving in positions which have heretofore been
elected and who shall henceforth be appointed under the provisions of this
Charter shall serve for the balance of their terms but their successors shall
be appointed.
(e) The powers and duties of the Industrial Development Commission shall be
transferred to the Community Planning and Development Commission on
July 1 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: Composition of Certain Boards
. Not later than July 1 st 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 1st following the adoption of
this Charter, such boards shall consist of the following number of members: School
Committee - seven (7) members, Board of Library Trustees - nine (9) members,
Cemetery Trustees - five (5) members and Council on Aging - nine (9) members.
[Special Legislation adopted as Chapter 679 of the Acts of 1986 on January 7, 1987]
Reading Charter Commission January 23, 1986
Reading Home Rule Charter 33 With all revisions through April, 2006
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,
25,26,27,31
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
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
Bylaws• 6,18, 27,31
34 With all revisions through April, 2006
Y
C
calendar - 7
calendar months • 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 •1,3,4,5,7,8,9,10,11,12,13,
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
Commissions • 11, 13
Committee on Bylaws • 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
Continuation ofExistinjz Laws • 31
Continuation of Government • 31
Continuation of Personnel • 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
deeds • 20
Definitions • 26
Department Head • 5, 15
Department of Public Works • 19, 20
determination • 7
determination of matters • 7
developmental potential • Il
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 of Powers - I
duties, - 8, 9, 22
FA
education • 14, 20
effective • 2,18,19, 27, 31, 32, 33
efficient administration - 14
ELECTED OFFICERS AND BOARDS • 8
elected term • 32
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35 With all revisions through April, 2006
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 of Standing 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 A UTHORITY • I
expedient • 15
expiration - 7, 17, 19, 29, 32
expire• 2, 5, 6, 8, 9, 10, 11, 12, 13, 33
FA
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
financial condition • 15
Financial Public Records 25
findings • 6, 21
Fire Chief • 14
fiscal effect • 7
fiscal year • 15, 23, 24
Forest Committee • 13
forestry services • 19
former capacity • 32
formulation - 12, 13
fraudulent • 21
frill 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
Inters?overnmental Relations • I
Reading Home Rule Charter 36 With all revisions through April, 2006
�N
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, 16
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
Library - 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
Lon,a Term -16
I
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
Reading Home Rule Charter 37
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 Body - 27
municipal -1,10, 11, 15, 19
municipal affairs - 1
Municipal Light Board - 8, 10, 15, 33
municipal lighting plants - 10
KTJ
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
21
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
With all revisions through April, 2006
M
parks • 13, 19
Participation • 5
payment of bills, drafts and orders • 21
payment of notes or bonds • 7
penalties • 32
performance • 5,19, 21, 22, 27
person or agency • 6
personnel • 10, 14, 15
Personnel Board • 9
personnel policy • 15
petition, • 7
physical condition • 11
physical development • 11
place of business • 28
Planning Boards • 11
playgrounds • 19
pleasure • 20
plural number • 26
Police Chief • 14
policies • 8, 15, 20, 23
Policy Formulation • 20
powers and duties • 6, 8, 9, 10, 11, 12, 13,
14,19, 20, 21,22, 32, 33
practices • 15, 21
Precinct • 4, 6, 27
Precinct Chairman • 6
precincts • 2, 3,29
preliminary report • 28
preliminary resolution • 17, 18
Prepare • 15
prescribe • 19, 21, 28
Presentation • 24
preservation •. 7,12, 22
press • 28
private sector experience. • 14
procedural matters • 6, 28
Procedures • 28, 29
Procedures of Multiple - Member Bodies
28
production • 10
program development • 13
prohibitions • 18
prompt deposit • 22
proper administration • 14
property • 9, 11, 15, 16, 32
proposal • 19, 33
proposed • 15, 17, 23, 24, 25, 27
proposed budget • 23, 24
Reading Home Rule Charter
Proposed expenditures for current
operations • 24
proposed financial • 23
Propositions on Ballot • 30
provision • 18, 23, 25, 26, 30
provisions • 3, 4, 9,15, 25, 26, 30, 31, 33
public • 2, 3, 4, 5, 9, 12, 14, 16, 17, 18, 19,
23, 24, 25, 28, 29
Public Hearing -17,23,24
public interest • 9
publication • 23, 24, 28, 30
purchasing • 16
purchasing procedure • 16
z
qualification • 3, 21, 22, 30
Qualifications • 14, 20, 22
qualified • 14, 16, 17, 21, 22
quality, • 21
quantity • 21
quorum • 3, 4, 27, 28
Quorum • 28
R
real estate • 10
Realignment of Precincts • 2
rearrangement • 26
Recall Election • 30
Recall Petition • 29, 31
recodification of the bylaws • 27
recommendations • 6, 15, 22, 24, 28
recommendations and proposals • 6
reconsideration • 6
records of the Clerk • 8
records, reports and procedures • 21
Recreation Committee • 9, 13
Recreation Committees • 13
recruitment • 17, 32
References • 26
referendum petition • 7
Referendum Procedures • 7
refuse collection and disposal • 19
regional authorities - 8
regional boards • 14
registered • 2, 3, 8, 27
Registrars of Voters • 2, 7, 29
regular and special meetings • 15
38 With all revisions through April, 2006
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 • I
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 Budi-et • 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
Temporary 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 of Effect • 32
times and places • 23, 28
v
With all revisions through April, 2006
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 ,3,4,5,7,14,16,22,24,27,
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, 2 7,
28, 31, 32, 33
Town Meeting sessions • 4
Town Officer • 4, 5, 17, 27
training • 14, 20
transfer -19
Transfer ofReeords 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
Vacancy • 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
Votin -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
Zoning Boards of Appeal • 12
v�
Reading Home Rule Charter 40 With all revisions through April, 2006
Board of Selectmen Meeting
September 1, 2009
For ease of archiving, the order that items appear in these Minutes reflects the order in which
the items appeared on the agenda for that meeting, and are not necessarily the order in which
any item was taken up by the Board.
The meeting convened at 7:08 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James
Bonazoli, Secretary Camille Anthony (arrived at 8:30 p.m.), Selectmen Stephen Goldy and
Richard Schubert, Assistant Town Manager /Finance Director Bob LeLacheur, Town Engineer
George Zambouras, Public Works Director Jeff Zager, Water Supply Supervisor Peter Tassi,
Human Resources Administrator Carol Roberts, GIS Coordinator Kim Honetschlager, Police
Chief Jim Cormier, Town Counsel Ellen Doucette, Office Manager Paula Schena and the
following list of interested parties: State Representative Brad Jones, Fred Laskey, Lisa Marks,
Mark Dickinson, Attorney Chris Latham, Attorney Paul Crochiere, Taylor Trone, Mary Ellen
O'Neill, Alan Shiller, Marcia Lavita, Brian Van Magness, Garr Morse, Dan Busa, John Halsey,
Dave Talbot, Vinna Patel, Wayne and Catherine Shale- Dwyer.
Reports and Comments
Selectmen's Liaison Reports and Comments — Vice Chairman James Bonazoli noted that he had
Office Hours this evening, and a gentleman from Summit Towers came in requesting to make
Summit Drive a public way.
Selectman Stephen Goldy gave an update on the Fall Street Faire, and he requested that this be
an agenda item after the Fall Street Faire. He also noted that he will do the Collins Field
dedication.
Chairman Ben Tafoya noted that Ben Nichols passed away last week, and he indicated that Mr.
Nichols was a very dedicated person. He also noted that Senator Ted Kennedy passed away this
week, and there will be a special election in January to fill his slot. He noted that a grid with the
current parking requirements and land uses versus 40R options would be helpful for Town
Meeting discussion. He further noted that the North Suburban Planning Council is meeting on
September 9th to discuss the TIPS projects, and there is a Financial Forum on September 9th.
Assistant Town Manager's Report
The Assistant Town Manager gave the following report:
• Downtown major construction is complete (striping, brick work left).
• Franklin Street reclamation and repaving underway.
• Sewer inflow Infiltration smoke tests being conducted this Summer/Fall.
• Town staff
• Jean Delios has joined our staff as Community Services Director and Town
Planner.
• Laura Gemme has joined our staff as Town Clerk.
Board of Selectmen Meeting — September 1, 2009 — Page 2
o Deborah Jackson, our Appraiser, has announced her resignation effective
September 18th to take the Chief Assessor position in her home Town of Salem
MA.
• 128/1 -93 — Fay Spofford & Thorndike selected as consultant for next phases of work — not
clear as to what those phases and options are.
• Preparation for September 29th Boards /Committees /Commissions training.
• MMA student essay contest.
• Children's Room closed 8/31 -9/7, carpet in Library, costs covered by mfr.
• Ben Nichols — service at Old South Church was well attended — especially Boy Scouts.
Discussion/Action Items
MWRA Water Storage — Fred Laskey and Lisa Marks from the MWRA were present. Also
present were Town Engineer George Zambouras, Water Supply Supervisor Peter Tassi, Public
Works Director Jeff Zager and State Representative Brad Jones. Chairman Ben Tafoya noted
that this is a follow up to the July 13, 2009 meeting with the MWRA and State Representatives.
Fred Laskey, Executive Director of the MWRA, noted that when Reading joined the MWRA, the
issue of redundancy and storage were important to the Town of Reading. The MWRA
committed to increasing storage in the northern intermediate high area, and their goal is to create
looping and laddering. They are still in discussion with Stoneham and Reading regarding the
preferred route for looping.
Mr. Laskey stated that the issue is lack of storage. He noted that the Stoneham location is too far
south, and the I -93 clover was thought to be the ideal location. He also noted that they don't
want to force it on the Town. He noted that the pipeline and tanks would amount to
approximately $62 million, and they hope to get the final .design done next year. He further
noted that storage and redundancy was very important and if the Town or Stoneham had a big
fire, there could be a problem.
Vice Chairman James Bonazoli asked what our water storage is now, and Peter Tassi indicated it
is 1.75 million gallons. He also asked why we should take the burden of water tanks for other
communities when we have adequate storage. Peter Tassi noted that the 1.75 million is not
useable because if we use it, then the pressure would drop. The tanks that the MWRA is
proposing would be a useable water supply. He also noted that the Town can never have enough
water storage, and we won't notice it until there's an issue.
Chairman Ben Tafoya asked about the Bear Hill Tank, and Mr. Tassi noted that it was built in
1934, and is in fairly good condition but won't last forever.
Selectman Richard Schubert noted that Town Meeting was a close vote when we joined the
MWRA. He feels that if we had the graphics of the proposed storage, it would have gone the
other way. He also noted that the Town had a lot of pressure from other communities because
we were using water from the Ipswich River so we paid more money and joined the MWRA.
We are also faced with the 128/93 Interchange Project. He noted that a signature storage tank is
not desirable.
UW
Board of Selectmen Meeting — September 1, 2009 — Page 3
Chairman Ben Tafoya noted that ' the size and height of the bowl is the problem. Mr. Laskey
noted that to pump the water into the tank would be very costly due to the geography of the area.
Mr. Tassi noted that the Town of Reading bears the brunt of it because of location but the
rewards are huge. It's an insurance policy, and it would be a tremendous asset.
Vice Chairman James Bonazoli asked how much water the other communities use. Mr. Laskey
noted that Wilmington uses 4.3 million, Winchester uses 2.1, million and Stoneham uses 4.9
million and has no storage.
Representative Brad Jones noted that they had a good meeting in July, and a decision will have
to be made.
Chairman Ben Tafoya noted that Representative James Dwyer could not be here tonight but he
has a similar viewpoint.
Selectman Camille Anthony arrived at 8:30 p.m.
Hearing — Personnel Policies — Vice Chairman James Bonazoli read the hearing notice.
Human Resources Administrator Carol Roberts noted that an Employee Committee consisting of
non -union employees and one union (all unions were invited) reviewed the policies. She also
noted that the Town Manager made changes and Town Counsel reviewed and made changes.
Selectman Stephen Goldy suggested adding to Article 2 the philosophy of the expectation to
improve customer service levels. Chairman Ben Tafoya suggested adding that in the future.
Selectman Richard Schubert noted that the Town's goal and visioning is a separate document but
related, and thinks it's a good point to bring up. Selectman Stephen Goldy noted that he would
like to set the standard and incorporate in the future. Selectman Camille Anthony indicated that
the Mission, Values and Goals could be a Preface of the Personnel Policies.
Selectman Camille Anthony asked if Town Counsel had any issues, and Carol Roberts indicated
that the section on life threatening illnesses was removed, and the section on the military was
updated.
Town Engineer George Zambouras noted that he served on the Employee Committee and he has
concerns regarding the language that is being added in Article 2 that states the Town may or may
not adhere to this policy. Basically, the Town wants employees to adhere, but the Town doesn't
have to adhere. This is not fair to employees.
GIS Coordinator Kim Honetschlager noted that she also served on the Employee Committee.
She also noted that language was added to Article 2 by Counsel at the end of the process, and
indicated that this language nullifies the policy. She also noted that the committee spoke at great
length with the Town Manager regarding the change in sick leave from 15 to 12 days per year.
h 63
Board of Selectmen Meeting_— September 1, 2009 — Page 4
She stated that the sick time doesn't accrue fast enough for employees to join the Sick Bank right
away, and this is an important safety measure for employees.
Selectman Camille Anthony noted that she didn't realize the reduction on sick leave was a
problem, and she didn't understand why the language is being added in Article 2. She requests
that Labor Counsel come in to explain Article 2.
Selectman Stephen Goldy asked why the sick time is being reduced, and the Assistant Town
Manager noted that this was discussed with the employees as part of the Pay and Class Study last
year. The unions are also reducing sick time.
Chairman Ben Tafoya indicated that he would like Labor Counsel to come in for a brief
discussion regarding Article 2.
A motion by Goldy seconded by Schubert to continue the hearing on the Personnel Policies
to October 6, 2009 at 8:00 p.m. was approved by a vote of 5 -0 -0.
Hearing — Package Store License for Wine Nation — Chairman Ben Tafoya noted that the Town
made an error in scheduling. Town Counsel advises that the applications should be heard as the
date and time received. Reading Discount Liquors was received July 29, 2009 at 4:12 p.m. and
the application for Wine Nation was received August 17, 2009 at 8:50 a.m. so the hearing for
Reading Discount Liquors will take place first. Mark Dickinson, owner of the property at 40
Walkers Brook Drive, indicated that the Town should do what is legal.
Vice Chairman James Bonazoli read the hearing notice for Wine Nation.
A motion by Goldy seconded by Bonazoli to change the time of this hearing for Wine
Nation to 9:30 p.m. was approved by a vote of 5 -0 -0.
Town Counsel Ellen Doucette noted that the Board must open the hearing for both applications.
She recommends holding the first hearing, continue that hearing to 10:00 p.m., then hear the
second application, and then close and make a decision.
The Board reopened the hearing for Wine Nation at 9:30 p.m.
Attorney Chris Latham and Wine Nation Manager Taylor Trone were present. Attorney Latham
stated that he visited the store in North Virginia that is owned by the Trone Family. He noted
that it has an extensive selection, and they want to open a store in Reading because of the
location on Walkers Brook Drive. This is a family business that will provide savings and will
provide items that are not available in Reading currently. He also noted that they have highly
trained and knowledgeable full -time staff, and there will be no sale of tobacco or the lottery.
Attorney Latham stated that they have a full set of policies, and they pay an incentive for
identifying underage patrons. They will create 40 -60 jobs with benefits. There is sufficient
parking and the traffic is consistent with the former Linens `N Things. Mr. Trone will be the
Manager to get the store up and running, and then will turn it over to another Manager. He noted [�
"1
7
Board of Selectmen Meeting — September 1, 2009 — Page 5
that the petition that the Board received in opposition references citizens in Braintree, and asked
the Board to consider the source of the petition. He also noted that this is not your typical
package store. They specialize in wine from all over the world, and this location will also have a
regional draw.
Selectman Richard Schubert asked about the size of the establishment. Mr. Trone indicated that
it is 20,000 square feet, and 2100 will be retail consisting of gourmet food, wine baskets, etc.
Mary Ellen O'Neill of 125 Summer Avenue had concerns about the way that we view our Town.
She noted that there is a substance abuse problem in Reading, and this is a highly visible area
with quick access to the highway.. She indicated that this proposal does not fit our Town, and
also noted that we just redid our Downtown.
Resident Allan Shiller reviewed the history of the John Street area. He noted that Mark
Dickinson stepped up to the plate and made the gateway to Reading. All of the other
improvements across the street were made after, and he supports the application for Wine
Nation.
Marcia Lavita of 9 Riverside Drive noted that she likes the idea of having a store with fine wines
and is in favor of the Wine Nation.
Brian Van Magness of 10 Grove Street noted that he is in favor of Wine Nation, and feels that it
could be a destination point.
Garr Morse, minor partner with Mark Dickinson, indicated that Wine Nation has 7000 -8000
wine labels, and he would very much like for them to go into that location.
Mark Dickinson noted that Wine Nation is a premier store, and he hopes that the Board approves
their license. He also noted that Dan Busa of Busa's Liquors on 345 Main Street owns multiple
stores, and he joined the lobbying against Wine Nation in Braintree.
Dan Busa noted that he owns three package stores, and he did speak with Mr. Dickinson and Mr.
Danis about their properties but he couldn't afford either. He is aware of the Trone operations,
and he asked if Reading really needs or wants that.
John Halsey of 75 Beaver Road indicated that he is a 20 year resident, and he selected. Reading
as a destination place to live because of the schools, youth programsJow crimes, etc. He noted
that it was a pleasure to watch the dump go away, and to have good commerce brought in. He
also noted that Reading is famous for our schools, sports and more Eagle Scouts than any other
community, and it would be disappointing to make fine wine a destination point in Reading. He
feels that the space will fill itself eventually.
Dave Talbot of 75 Linden Street is opposed to a mega store in Reading. He finds that it is
disturbing as a parent, and he would rather have a Trader Joe's store.
l �
t/`"a
Board of Selectmen Meeting — September 1, 2009 — Page 6
Vinna Patel, owner of The Wine Shop, questioned whether we need five package stores in
Reading. Attorney Chris Latham noted that the Town previously had five package stores and
there is a need.
Vice Chairman James Bonazoli thanked both applicants. He noted that the Town wants
Reading's destination spot to be the new Downtown area. He feels that the Board shouldn't be
eager to issue a license just because there are applicants. He also noted that the value of this
license could make Downtown the destination point.
Selectman Richard Schubert noted that the total square footage of the existing four licenses is
less than both of these locations. He feels that the size is bigger than what the Town needs, and
is a conflict to the Reading Coalition Against Substance Abuse. He also feels that these proposals
are large and outweigh the needs of the community.
Chairman Ben Tafoya indicated that he doesn't feel there is a need for another license in the
community right now so he will vote against the licenses.
Selectman Camille Anthony noted that neither proposals meet the needs, and she has concerns
about the Downtown.
Selectman Stephen Goldy indicated that he doesn't see a need for a fifth package store at this
time.
A motion by Bonazoli seconded by Goldy to close the hearing on the All Alcoholic Package
Store License for Wine Nation was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Anthony to deny the All Alcoholic Package Store
L_iguor License for Wine Nation MA, Inc. d /b /a Wine Nation at 40 Walkers Brook Drive,
Reading, Massachusetts for reasons due to excessive size, location and perceived lack of
public need was approved by a vote of 5 -0 -0.
Hearing — Package Store License for Reading Discount Liquors — Vice Chairman James
Bonazoli read the hearing notice for Reading Discount Liquors. Attorney Paul Crochiere was
present representing Reading Discount Liquors.
Attorney Crochiere noted that George Danis owns and developed the site. Mr. Danis owns the
Ship Restaurant and the Mediterranean. The location has access to Route 128 and Route 28.
There are 800 parking spaces available, and they expect walk in customers from Stop & Shop
and Market Basket, and he does not expect a significant increase in traffic. He also noted that
the liquor store would be located between Market Basket and Children's Play Things. The size
is just under 6000 square feet, there will be no appreciable noise issue, and the hours will be
similar to the grocery stores.
Selectman Richard Schubert asked if Mr. Danis will be the Manager, and also asked about the
size of the store. It was noted that Mr. Danis will be the Manager at first, and then will come
back with a new Manager. It was also noted that the size is 5860 square feet.
Board of Selectmen Meeting— September 1, 2009 — Page 7
Selectman Camille Anthony asked about TIPS training, and Attorney Crochiere noted that Mr.
Danis has never had a problem with TIPS training at other businesses.
Vice Chairman James Bonazoli noted that the plan shows three cashier lines, and the Town
expects everyone to be trained in TIPS. Attorney Crochiere indicated that they will all be
trained.
Selectman Richard Schubert asked if they had a policy regarding identification, and it was noted
that they do not.
Brian Van Magness of 110 Grove Street noted that coming out of that property is very difficult,
and he asked if there are any plans to rectify the issue that a left hand turn cannot be taken onto
Walkers Brook Drive. Attorney Crochiere noted that he is not aware of any plans right now.
Mary Ellen O'Neill ofl 25 Summer Avenue had concerns about the way we view our Town. She
noted that there is a substance abuse problem in Reading, and this is a highly visible area with
quick access to the highway. She indicated that this proposal does not fit our Town, and also
noted that we just redid our Downtown. She is also shocked that they would put a liquor store
next to a children's store.
A motion by Bonazoli seconded by Anthony to continue the hearing on the Package Store
Liquor License for Reading Discount Liquors, Inc. d/b /a Reading Discount Liquors until
10:00 p.m. was approved by a vote of 5 -0 -0.
A_ motion by Bonazoli seconded by Goldy to close the hearing on the All Alcoholic Package
_Store Liquor License for Reading Discount Liquors, Inc. d/b /a Reading Discount Liquors
was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Anthony to deny the All Alcoholic Package
Store Liquor License for Reading Discount Liquors, Inc. d /b /a Reading Discount Liquors
at One General Way, Reading, Massachusetts for reasons due to excessive size,_ location
and lack of perceived public need, was approved by a vote of 5 -0 -0.
Hearing — Parking Regulations on Ash Street between Main and Washington Streets — Vice
Chairman James Bonazoli read the hearing notice.
Police Chief Jim Cormier reviewed the amendments to the Traffic Rules and Regulations on Ash
Street.
Wayne Dwyer of 61 Ash Street asked if there will be a stop sign at Gould Street, and also noted
that speed limits should be set. Chief Cormier noted that the speed limit is 30 mph and we are
not proposing a stop sign on Ash Street at this time.
Catherine Shale -Dwyer of 61 Ash Street noted that she had concerns regarding school children
on the street every day and it is a narrow street. Chief Cormier noted that there are sidewalks on
the westerly side of the street, and Engineering is satisfied with the width of the road.
5
Board of Selectmen Meeting — September 1, 2009 — Page 8
A motion by Bonazoli seconded by Anthony to close the hearing on parking regulations on
Ash Street was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen amend the Town
of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28,
1995 by adding to Article 5, Section A -2a, the following regulation(s).
"PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS
Two Hour Parking All Day in the Business District
8:00 a.m. to 5:00 p.m. (Monday through Friday)"
Street
Location
Regulation
Ash Street — In the
Between Green Street and
"Two Hour Parking
designated parking
Washington Street on the
8:00 a.m. to 5:00 p.m.,
spaces
west side
Monday through Friday
The motion was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen amend the Town
of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28,
1995 by adding to Article 5, Section 5.3, the following:
Street
Location
Regulation
Ash Street
Between Main Street and Green
"No Parking Anytime"
Street on the Westside
Ash Street
Between Main Street and Green
"No Parking Anytime"
Street on the easterly side a
distance of 88' west and south of
Main Street
The motion was approved by a vote of 5 -0 -0.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen amend the Town
of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28,
1995 by adding to Article 5, Section 5.3, the following:
Street
Location
Regulation
Ash Street
100 feet North of Green Street
"No Parking"
The motion was approved by a vote of 5 -0 -0.
a�
S
Board of Selectmen Meeting — September 1, 2009 — Page 9
A motion by Bonazoli seconded by Anthony that the Board of Selectmen amend the Town
of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28,
1995 by rescinding from Article 6, Section 6.25.5, the following:
Street
Location
Regulation
Ash Street
Ash Street at Gould Street
"DO NOT ENTER"
The motion was approved by a vote of 5 -0 -0.
A motion_ by Bonazoli seconded by Schubert that the Board of Selectmen amend the Town
of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28,
1995 by rescinding from Article 8 the following:
Street
Location
Regulation
Ash Street
From Haven Street
southwesterly to Green Street
"ONE WAY"
The motion was approved by a vote of 5 -0 -0.
Approval of Minutes
A motion by Goudy seconded by Bonazoli to approve the Minutes of August 4, 2009 was
approved by a vote of 4 -0 -0.
A motion by Goudy seconded by Bonazoli to approve the Minutes of August 17, 2009 was
approved by a vote of 4 -0 -0.
A motion by Goudy seconded by Bonazoli to approve the Minutes of August 18, 2009 was
approved by a vote of 4 -0 -0.
A motion by Goudy seconded by Schubert to approve the Executive Session minutes of
August 18, 2009, as written, was approved with Tafoya,'Bonazoli, Goudy and Schubert
voting in the affirmative.
A motion_ by Bonazoli seconded by Schubert to adjourn the meeting of September 1, 2009
at 11:00 p.m. was approved by a vote of 5 -0 -0.
Respectfully submitted,
Secretary
�a�
Insil
OFR
13
INCORYa
THE COMMONWEALTH OF MASSACHUSETTS
Number: 2009-4
TOWN OF READING
This is to certify that SHEILA CLARK, 53 HAVERHILL STREET, READING,
MASS.
IS HEREBY GRANTED
A SPECIAL ONE-DAY LICENSE
TO SERVE BEER
AT THE PREMISES OF THE READING CO-OP BANK
180 HAVEN STREET,. READING, MASS.
FOR OKTOBERFEST
ON SUNDAY, SEPTEMBER 13, 2009
BETWEEN THE HOURS OF 12:00 TO 5:00 P.M.
SUBJECT TO OPERATING PROCEDURES APPROVED
BY THE CHIEF OF POLICE
Under Chapter 138, Section 14, of the Liquor Control Act.
Holders of one day licenses shall pro * vide a bartender and/or servers who are trained
and authorized to make decisions regarding continued service of alcoholic beverages
to attendees. There shall be no self service of any alcoholic beverage at any event
approved as a one day license.
This permission is granted in conformity with the Statutes and Ordinances relating
there September 13, 2009, unless suspended or revoked.
>
r&x �01 A
Date Issued: September 10, 2009
www.dea.gov
James W. Conner, Chief of Police
Reading Police Department
15 Union Street
Reading, MA 01867
Dear Chief Cormier:
U. S. Department of Justice L t C 2 C S
Diug Enforcement Achninistration
New England Field Division
JFK Federal Building
15 New Sudbury Street, Room E -400
Boston, MA 02203
AUG 2 7 2009
On August 7, 2009, you sent a letter to the Drug Enforcement Administration (DEA), New England
Field Division, regarding your proposed method for the collection of unwanted controlled substances
from members of the public for the purpose of safely disposing of such controlled substances.
As set forth in 21 CFR 1307.21, any person in possession of a controlled substance, and desiring to
dispose of such substance, may request instructions on how to do so from the Special Agent in Charge of
that geographical region. As this provision of the DEA regulations indicates, the Special Agent in
Charge may specify the means of disposal to assure that the controlled substances do not become
available to unauthorized persons. Your letter will be treated as a request submitted pursuant to Section
1307.21, and the request is hereby granted under the conditions enumerated below.
Please note the following general considerations for DEA in responding to this request. First, as you
might know, DEA is currently in the process of developing regulations that will specify methods by
which ultimate users may dispose of unwanted controlled substances. However, it is uncertain at this
time when such regulations will become effective. Accordingly, any allowance made under this letter
should be viewed as a temporary, interim accommodation to allow appropriate methods of disposal of
controlled substances, where members of law enforcement take an active role in the process to prevent
the controlled substances from being diverted into illicit channels. For this reason, a time limit is being
imposed on the allowances made by this letter, as set forth below. Second, please bear in mind that any
activities involving controlled substances, and any DEA regulations or temporary allowances made by
the agency, must be consistent with DEA's governing statute, the Controlled Substances Act.
With the foregoing considerations in mind, you may proceed with the method of collection and disposal
described in your correspondence on August 7, 2009, provided compliance with the following additional
conditions. To the extent any of the conditions described in your letter are inconsistent with those
specified below, the following shall apply in lieu of those set forth in your letter.
In each instance in which a controlled substance is collected, a duly authorized and certified lave
enforcement officer, who is a full -time employee of the Reading Police Department shall be
responsible for supervising the collection. If necessary, another duly authorized and certified lay)
enforcement officer may be substituted for the first officer during the course of the event.
ill,
2. Starting when any controlled substances are first collected and continuing until the controlled
substances are turned over for destruction (as set forth below in paragraph #4), the following
shall occur: (a) the law enforcement officer referred to in paragraph #1 shall, at all times, have
sole control over, and sole possession of, all controlled substances collected and the container, if
any, in which the collected controlled substances are stored; and (b) at no time shall anyone
other than the law enforcement officer referred to in paragraph #1 have access to the container
or the collected controlled substances other than for the purpose of depositing controlled
substances into the box.
3. Only phannaceutical drugs may be collected and stored in the container designated as the storage
location. Illicitly manufactured.controlled substances (e.g. marijuana, heroin, metharmphetarnine,
MIDMA, and LSD) may not be collected as part of this program. In the event a person seeks to
tuii' in an illicitly manufactured controlled substance, the law enforcement officer shall follow
the standard procedures implemented by his/her agency for the collection and handling of illegal
controlled substances.
4. The law enforcement officer referred to in paragraph #1 shall be responsible for ensuring that
the controlled substances are turned over to the appropriate officials within his/her agency for
disposal in accordance with standard policies and procedures utilized by the agency for
destruction of controlled .substances.
5. Any methods utilized by the agency to destroy the collected controlled substances inust comply
with all applicable federal and state laws and regulations, including, but not limited to,
applicable laws and regulations relating to public health and the environment.
6. The allowances made by this letter shall terminate on August 7, 2010, and may not be extended
beyond that date without the express, written authorization of the Special Agent in Charge of the
New England Field Division.
The DEA thanks the Reading Police Department for its interest in and proactive approach to the safe and
legal disposal of pharmaceutical controlled substances. If you have any further questions or concerns
please do not hesitate to contact Diversion Program Manager Nancy Coffey at 617 -557 -2130.
Sincerely yours,
Steven W. Derr
Special Agent in Charge
New England Field Division
Enclosure
N
OFFICE OF THE CHIEF
WMI
l5 Union Street, Reading, Atanmackos,usVl867
Ja/,e/ W Cormier Emergency Only: 9|l All Other Calls: 781'944'1212 pur: 701-944-2893
August 7.2000
Nancy Coffey, Program Manager
Drug Enforcement Administration
Diversion Control Program
JFK Federal Building
15 New Sudbury Street, Room 4OOE
Boston, K8AO22O3-04O2
Dear Ms. Coffey:
The Reading Police Department would like bn thank you for your recent communication with
Erica &4oNannona. Director of Substance Abuse Prevention regarding our inquiry on controlled
substances collection. Per your guidance, |a0 writing to request your support for the propne'ed
controlled substances collection program for our residents at the Reading Police Department.
The proposed Reading Rx Round Up will provide residents with on environmentally safe
alternative for removing unneeded medications from their home:
e. 8otee| mailbox style collection box will be secured in the department lobby (visible by
cgOlenaGUrveiUonoe) in which residents may deposit medications.
b. The collection box will be clearly marked for this purpose. The box will be locked and
securely mounted to prohibit removal of the box or retrieval of medications without a key.
c. Residents may place their medications in e p|aedo bag provided at the drop location.
Residents will seal the bag and drop the bag into the box. Opened containers of liquid and
syringes will not be accepted at this time.
d. The Detective's Unit will be solely responsible for collection of the deposited medications
and will be the sole possessors of keys tothe collection box.
e. The Detective's Unit will collect deposited drugs on a frequency deemed necessary based
on usage.
f. The Detective's Unit will retrieve the deposited drugs by removing the bin from the unit,
document a g8D8r8| description of the oont8DtS, provide g weight of the contents and place
the contents in secure storage pending destruction.
Q. A Detective's Unit case number will be assigned to each bin medication reDlOVm|. Detectives
will complete the required paperwork as needed including the non-analyzed drug destruction
form. The Director of Substance Abuse may survey the medications to be disposed for data
collection purposes with m Detective present.
h. The Detective's Unit will destroy the collected rnediC8UnOs by incineration through the
contracted provider currently used for evidence destruction.