HomeMy WebLinkAbout1987-11-09 Subsequent Town Meeting Minutes134
SUBSEQUENT TOWN MEETING
W. S. Parker Middle School
November 9, 1987
The meeting was called to order by the Moderator, Paul C.
Dustin, at 7 :45 P.M., there being a quorum present.
The Invocation was given by Reverend Ronald St. Pierre of
St. Agnes Church, followed by the Pledge of Allegiance to the
Flag.
The warrant was partially read by the Town Clerk, when on
motion of John H. Russell, it was voted to dispense with further
reading of the Warrant, except the Officer's Return which was
then read by the Town Clerk.
ARTICLE 1. On the motion of John H. Russell, it was
voted to take Article 1 from the table.
ARTICLE 1. The 1987 Dorothy and Arnold Berger Award to
Reading's Exemplary Teachers was presented by Richard H. Coco of
the Reading School Committee, as follows:
Report to the Fall 1987 Town Meeting by the
Reading School Committee
Town Meeting Members and Citizens of Reading:
It is my pleasure this evening, as part of this Town Meet-
ing, to present the Exemplary Teacher Awards for 1987 to two mem-
bers of the Reading Teaching Staff chosen by their peers to be so
honored.
To give some background to Town Meeting Members and others
watching these proceedings that may be unfamiliar with this
award, the Exemplary Teacher Award is the result of an inquiry
three years ago to the Reading School Committee by Mr. Arnold
Berger of Reading, a long time supporter of education in our
Town, as to the possibility of creating a mechanism through which
Reading Teachers who had demonstrated exceptional skill and
ability in the education of our young people, could be honored.
From this initial inquiry, Mr. Berger, working with the then
Superintendent of Schools, Dr. Wells, created and provided all of
the necessary funds to support and maintain the Award that it is
my pleasure to present this evening to two members of our teach-
ing staff.
A committee of teachers and administrators chose the two ex-
emplary teachers honored this evening.
The Committee solicited nominations and considered 28 out-
standing candidates. All nominees shared the key qualities that
are the criteria for the Award:
*Excellence in teaching
*A commitment to students both in and outside the
classroom
*Demonstrated leadership with their colleagues
*Improvements to classroom instruction in Reading.
On behalf of Mr. Berger and the Reading School Committee, it
is now my pleasure to introduce:
Barbara Kelley -- Special Education Teacher at
Joshua Eaton School
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135
Subsequent Town Meeting November 9, 1987
Jack McHugh -- Social Studies Teacher at
Parker Middle School
as the Exemplary Teachers for 1987.
They will both receive a plaque and check in recognition of
the Award, provided through the generosity of Dorothy and Arnold
Berger
All of you present this evening have had an opportunity to
read the brochure describing the two recipients for this year. I
would like to use this opportunity to share some of the material
listed with those watching at home because it demonstrates all of
the good and ideal qualities not only of the two recipients but
of the dedication of the staff to the Reading School Department.
Barbara Kelley -- Special Education Teacher at
Joshua Eaton School
Barbara Kelley's love for children is well known to the
faculty and parents of Joshua Eaton School. For the past six
years at the Joshua Eaton School, she has been a Special Educa-
tion Resource Room Teacher whose main responsibility is to
provide academic instruction to children with major learning dif-
ficulties. Earlier, she was a tutor of special needs children.
She provides the core academic instruction to these youngsters in
her resource room, at the same time coordinates with the class-
room teacher so that all of the children feel they are part of
the mainstream.
_Barbara's preparation for this assignment includes under-
graduate study of psychology at Regis, a Masters Degree in Educa-
tion at Boston State and a Master of Arts in Special Education
also from Regis. She has taught elementary grades early in her
career, raised three sons, and been active in church affairs.
Jack McHugh -- Social Studies Teacher at
Parker Middle School
Jack McHugh epitomizes those qualities in a teacher that
have long been admired by generations in our country. A loving
and caring teacher, he establishes relationships with students
that last long after they leave Parker Middle School. Jack is a
top notch teacher of social studies and has spent all of his 17
year career at Parker Middle School. Among the first of the
faculty to arrive in the morning, he is usually the last to leave
in the afternoon. An extraordinary worker, Jack extends great
effort in planning his classes and developing worthwhile ac-
tivities for his students.
Jack has earned Bachelor's and Master's Degrees with honors
from Salem State College. Entry into his social studies teaching
career was preceded by 23 years of service with the U.S. Marine
Corps. In his second career as a teacher, he has earned a number
of awards from the Freedom's Foundation at Valley Forge and has
been recognized as one of the outstanding Social Studies teachers
in the country.
On behalf of the members of the Reading School Committee and
all your colleagues who were so ably represented by the teachers
and administrators of the selection committee, I congratulate you
on being named Exemplary Teachers for 1987.
You both serve as models for others to emulate and truly ex-
emplify the high personal and professional qualities of your
profession.
Richard H. Coco
Member, Reading School Committee
136
Subsequent Town Meeting
November 9, 1987
ARTICLE 1. The following report of the Town Manager,
Peter I. Hechenbleikner, was accepted as a Report of Progress:
MID YEAR STATUS REPORT/PROJECTIONS
GENERAL
- Handicapped access to polling places accomplished
- Evaluation of Town owned-land - pending
- Bear Hill land sale - Winter 87-88
- Ticketing By-law - Spring 1988
- Solid Waste Policy Advisory Committee - Winter 87-88
- Smoking By-law implementation
- By-law amend disposal surplus property
- Master Plan 1988
PERSONNEL
- Employee assistance program - FY 1989
- Labor negotiations - 5 Town Bargaining Units
3 School Bargaining Units
- Pay/Class - Clerical - this Town Meeting
- Pay/Class - Other - by Spring Town Meeting
- Establishment of policies
PUBLIC WORKS
- Facility - report later
- Rail Station - Parking imp./regulation
- Drainage projects bid/awarded
- Equipment projects bid/awarded
- Stone chip seal in the Spring
- Bld. removal of library
- Road betterment complete 2 weeks
- Haverhill Street complete
- Pearl Street - complete
- Franklin Street - being surveyed - const.
- Improvement of Common - Spring 1988
FINANCIAL
- Free Cash
- 53rd Payroll - Spring
- Sale of Real Estate
Community Center 1.332
Homart 6.00
Embassy 2.25
- Financial Planning
- Budget Format
Rowl.
ARTICLE 1. The following report of the Finance Com-
mittee, presented by Donald C. Allen, was accepted as a report of
progress:
REPORT ON UNFUNDED PENSION LIABILITY
JULY 31, 1987
Mr. Moderator, Town Meeting Members:
A study of the Retirement Pension Plan of the Town of Read-
ing with emphasis on the Town's Unfunded Pension liability was
completed by Coopers & Lybrand recently. This study was
presented in preliminary form to Town Officers on October 29,
1987.
For purposes of this presentation the following criteria
were established:
1. The figures do not include the Municipal Light Depart-
ment.
13
Subsequent Town Meeting
November 9, 1987
2. The cost of annuities purchased with employee contribu-
tions are not included (no cost to Town),
3. Cost of living increases in pensions due to inflation
are not included as these are funded by the State.
The major actuarial-assumptions are as follows:
1. Return of investments of 8%
2. Annual salary increases of 5%
3._ Average retirement age of 63
4. Salary cap of $30,000. For Pension computation this is
State mandated
5. Disability Pensions based on U.A.W. experience with
Police and Fire Disability experience factored in.
Given the above, the Town of Reading is not in as bad a
financial situation as had been previously projected.
At July 31, 1987 the assets of the Pension Fund were
$3,434,260. The unfunded Pension liability at the date was
$16,821,704.
Note: The unfunded Pension liability can be thought of as
the amount of Pension Funds (along with interest which will be
earned on those funds) necessary to pay all the pensions of ex-
isting retirees and benefits due future retirees if the Town were
to stop at July 31, 1987, contributing to the Pension fund.
The Town now, is basically on a "Pay as you go" basis.
The Finance Committee feels that there are three major
reasons to attempt to fund this liability.
1. It is fiscally responsible to fund large liabilities to
the extent financially possible. It is a serious
responsibility of the Town to insure that these
-- employee pensions are paid and should be addressed as
soon as possible.
2. Whenever the Town of Reading goes into the Bonding
Markets for funds, the rating houses (Moodys. Standard
& Poors, D & B) examine the Towns unfunded pension
liabilities and how the Town is handling that respon-
sibility, as one of the 25 of 30 factors which estab-
lish the Towns Bond Rating. This has a direct effect
on the rate of interest the Town pays for bonds.
3. The additional cost of fully funding the Pension
Liability over a 40 year period is a reasonable amount.
The estimated cost would be as follows:
The Finance Committee believe that the funding of Reading's
Pension Liability is a responsible and reasonable action to take.
In preparation for Spring Town Meeting we will pursue the objec-
tive of implementing a program which will eventually result in a
much more secure financial position for the Town and it's
employees.
Thank you.
Current Pay As
Payment With Fully
You Go Basis
Funded in 40 years
Increase
1987
$1,635,000
$1,708,000
$73,000
1988
1,725,000
1,726,000
1,000
1989
1,733,000
1,764,000
31,000
1990
1,728,000
1,784,000
56,000
1991
1,730,000
1,806,000
76,000
The Finance Committee believe that the funding of Reading's
Pension Liability is a responsible and reasonable action to take.
In preparation for Spring Town Meeting we will pursue the objec-
tive of implementing a program which will eventually result in a
much more secure financial position for the Town and it's
employees.
Thank you.
Im
Subsequent Town Meeting November 9, 1987
ARTICLE 1. The following Modification of Hospital
Trusts' Report by Town Counsel, H. Theodore Cohen, was accepted
as a Report of Progress:
REPORT TO TOWN MEETING
RE: MODIFICATION OF HOSPITAL TRUST
By motion under article 23 of the November 13, 1984 Special
Town Meeting, Town Meeting voted to authorize the Board of
Selectmen and /or Commissioners of Trust Funds to modify the terms
of the Anne S. Grouard Trust Fund, the Stephen S. Foster Trust
Fund and the Gilman L. Parker Trust Fund, and such other trust
funds as may exist and collectively known as the Hospital Trust
Funds so that the annual income derived therefrom may be avail-
able and be drawn upon for defraying the expenses of needy
citizens of the Town for the provision of in -home health care,
for transportation to hospitals, or other approved medical cen-
ters or facilities, or for the provision of such other medically -
related services as may be authorized by the Commissioners of
Trust Funds.
Through an oversight, no real activity transpired on this
matter until January, 1987 at which time a search commenced with
the assistance of the Commissioners of Trust Funds, the Town
Clerk, the Town Treasurer and Mr. Benjamin Nichols to locate the
wills or other documents which established said trust funds. Ul-
timately, it was determined that the Anne S. Grouard Trust Fund
was created under the will of George H. Grouard who died a
domicilliary of New York, New York; that the Stephen S. Foster
Trust Fund was created under the will of Harriet Foster; and that
the Gilman L. Parker Trust Fund was created under the will of
Gilman L. Parker. It was necessary to obtain certified copies of
each will, and it was not until July, 1987 that we were able to
obtain a certified copy of the will of George H. Grouard from the
New York Surrogate's Court. Thereafter, a draft Complaint was
prepared and forwarded to the Commissioners of Trust Funds on
August 7, 1987. The Commissioners discussed this matter at their
meeting of September 22, 1987 and recommended changes in the Com-
plaint. Those changes were made, and a revised Complaint was
forwarded to the Commissioners on October 9, 1987. Comments were
received from the Commissioners on October 26, 1987, and on
November 3, 1987 the Complaint was filed with the Middlesex
Probate Court. The Complaint names as the only Defendant, James
M. Shannon, as he is Attorney General of the Commonwealth of Mas-
sachusetts. The Attorney General's office has been contacted
with regard to this Complaint and has agreed to accept service.
The Attorney General's office is currently considering whether it
will assent to the Town's petition to modify these trusts or
whether it has any opposition to it.
If the Attorney General has no opposition, the Court may not
require any further notice, and the matter can be done through an
assented to motion and resolved in the immediate future. If the
Attorney General does have opposition which cannot be resolved
through negotiation, then the matter will have to be heard by a
Judge of the Probate Court, which we will arrange as ex-
peditiously as possible. At the moment, we do not anticipate
that any other parties will need to be given notice of this Com-
plaint, and that the entire matter can be resolved between the
Town and the Attorney General's office.
ARTICLE 1. The following West Side Zoning Report of the
Community Planning and Development Commission, presented by
George V. Hines, was accepted as a Report of Progress:
PROPOSED AMENDMENT TO
Capital Improvement Plan - FY 1988 thru FY
1992
(cost in .000'x)
Department/
Project FY88
FY89
FY90
FY91
FY92
FINANCE
Data Processing
Equip. 50(A)
50(A)_
50(A)
50(A)__
50(A)
Total Finance 50(A)
50(A)
50(A)
50(A)
50(A)
PUBLIC SAFETY
Fire Station Improvements 5(A)
Fire Station 15(A)
1,485(D)
-
-
-
Replace Car -
13.5(A)
-
-
-
Replace Pick -
Up Truck -
-
13.5(A)
-
-
Replace Ladder
Truck -
-
300(D)
-
-
Foam
�Zeplace
ank -
-
6(A)
-
-
Replace Alarm
Truck -
-
-
60(A)
-
Replace Radio
Equipment 10(A)
10(A)
-
-
-
Traffic Lights
40(A)
150.(A)
235(A)
-
Police Recorder
Equipment 18(A)
-
-
-
-
Radar Equipment -
3(A)
-
-
Replace Animal
Control Vehicle ll(A)
-
-
-
Total Public.
.__Safety (A) lb4
116.5
219.5
345
-
(D) -
1,485
.300
-
-
Note: Funding Source 'in
parenthesis
after project
(A) Annual appropriate;
(D)
Debt to be authorized;
(G) Grant or outside
funding;
(S) Sale of
Real Estate-Fund;
- (B) Betterments;
(C) Sale of.
Cemetery lots;(E)
Enterpris'e".Fund
(1)
Capital Improvement Plan — FY 1988 thru FY 1992
(cost in 00013)
Department/ FY89 EY90 FY91
Project
PUBLIC WORTS
Town Hall 1, 885. (D)
Renovation
COA Facility
Library Roof 35(k)
Engineer Van
Street Overlay
Priority Walnut
(?),Gould,Ash, 71.03(A)
Middlesex,
_10akland,Haven(P)
Wash.(P)
Hartshorne(P)
Rd.Reconst.
Dana(F) 210(A)
E .aton,(P)Vine,
Bond,Freemont
Torre,
Chestnut,Locust,
Auburn,Mill,Short,
South(?) Gleason
Parking Lot
Librar
120(D) 120(D)
35(G)
FY92
63.97(A) 67.17(A) 70.53(A) 70(A)
240 ( A ) 24.0(A) 240 ( A ) 240(x)
40(A)
arenthesis after project
Note: Funding Source in. P zed;
(A) Annual appropriate; .(D) Debt to be authorized;
"Fund;
(G) Grant or outside funding; (S) -Sale of Real Estate . 'jW-Fund
B) Betterments; (C) Sale of Cemetery lots;(E) Ent e rpr
(2)
Capital Improvement Plan — FY 1988 thru FY 1992
(cost in -'QOO'S)
Department/ FY89 FY90 FY91 FY92
Project FY88
PUBLIC WORKS.--.
(Coat)
D r a i a2_Le 100(A) 1 . OO(A) 130(A) 160(A) .160(A)
Street Acceptance
Criterion Rd.
34(B)
Eastway & Ext.
35(B)
Clover Circle
. 5(B)
Buckskin Dr.
. 5(B)
Hanscom'Av'e.Ext
1B
Sunnyside Ext.
1B
Waverly Ext.
-1B
Lilah Lane
1B
Avalon E-xt.
-1B
Equipment -oment Rep.
109.4(A)
240(A)
210(k)
95(A)
129(A)
?ark Improvments
120(A)
1O(A)
1O(A)
10(A)
Pool
5 (A)
121 (.A)
12(A)
12 (A)
12(A)
12(A)
Other
1
Cemetery
Improvements
5(A)
15(C)
30(C)
30(C)
30(C)
Equipment
7.64(C)
3(C)
3.2(C)
3.2(C)
28.2(C)
Water
Well Devl.
24(E)
24(E)
24(E)
24(E)
24(E)
Meter replace 100(E)
250(EG)
250(G)
1,500(ED)
Storage
Equip.
34(E)
Sewer
Note: Funding Source in
(A) Annual appropriate;
parenthesis
(D)
after project
Debt to
be authorize * d;
(G)
Grant -or outside
funding;
(C) Sale of
(S) tale
Cemetery
of Real Estate
lots;(E) Enterpriii-.Fund
Fund;
(B)
Betterments;
(3)
Capital Improvement plan FY 1988 thru FY 1992
(cost in '000's)
Department/
Project FY88 EY89 FY90 F . Y91
PUBLIC WORKS
(Coat)
Total Public Works
-A 547.43
D 1885
G
B 70
C 22.64 -
E 158
EG
ED -
FY92
826.97
669.17
587.53 621
120
120
-
35
50
-
4
33
33.2
33.2 58.2
24
24
24 24
250
250
- -
-
1,500
Note: Funding Source in parenthesis after project authorized;
(A) Annual appropriate; (D) Debt to be author
(G) Grant or outside funding; (S) ' Sale of Real Estate Fund;'
(B) Betterments; (C) Sale of Cemetery lots;(E) Enter'priii-Fund
(4)
Capital.Improvement plan -
FY 1988 thru FY
1992
(cost in
000's)
Department/
FY88
FY89
FY90
EY91
FY92
Project
SCHOOL
35(A)
35(A)
35(A)
35(A)
Data Process. 354A)
230(D)
160(A)
150(A)
60(A)
Roof Replace 160(D)
Space Remodl-
20(A)
20(A)
Elem
28(A)
12(A)
Handicap Rem 12(A)
15(A)
15(A)
15(A)
Energy Rel. -
15(A)
12(A)
10(A)
12(A)
Veh.Replace 7(A)
7(A)
Remodl. Decline
60M
60(A)
Enroll
Comp. lab
20(A)
Remodl
Replace
Bleacher 20(A)
Flooring 10(A)
7.5(A)
10(A)
Imp.
1901)
20(A)
Curtin ImP. -
25(A)
50(A)
Window Repl -
Kitchen PMS- -
50(A)
Water Heater
15(A)
JO(A)
12(A)
10(A)
20(A)
Replace
15(A)
15(A)
15(A)
15(A)
Furniture 15(A)
5(A)
5(A)
5(A)
Sump Pumps 5(k)
Heat 'Imp.
10(A)
15(A)
Clock Rep.
7.5(A)
RMHS
Exhaust Fans 6(A)
Note Funding Source in parenthesis after project
(A) Annual appropriate; (D) Debt to be au thorized*
(G) Grant or outside funIing; (S) Sale of Real Estate•Fund;
(B) Betterments; (C) Sale of Cemetery lots;(E) Enterprii-4"Fund
(5)
Capital Improvement Plan - FY 1988 thru FY 1992
(cost in 000'x)
Department/
FY88 FY89 FY90 FY91 FY92
Project
SCHOOL (Cont)
Smokestack PMS
-
Paint PMS
13(A)
Transformer
Mint RMHS
-
Air Cond
Replace
6(A)
Field House
Lighting
-
TOT3L SCHOOLS
A
151.5
160
8(A)
20(A) — —
- - 20(A) -
291.5 327 385 339
230 - - -
i
Note: Funding Source in parenthesis afterto.beeauthorized;'
(A) Annual appropriate; (D) Debt
(G) Grant or outside funding; (S) Sale of Real Estate Fund;
(B) Betterments; (C) Sale of Cemetery lots ;(E) Enterprise'Fund
(6)
Capital Improvement Plan - FY 1988 thru FY 1992
(cost in 000's)
Department/ FY89 FY90 FY91 FY92
Project FY88
TOTALS
Appropriations
857.-93
1464.97
1265.67
1367.53 1010
Debt
2,045.
1,835.
420
- -
Grant
-
35
-
Sale of R.E.
-
-
Betterment
70
4
-
- -
Q.etery Sale of Lots
22.64 -
33
33.2
33.2 58.2
Enterprise
158
24
24
24 24
T_G Ent/Grant
-
250
250
-
D Ent/Debt
-
-
1,500
Note: Funding Source in parenthesis after project
(A) Annual appropriate;� (D) Debt to be authorized;
(G) Grant or outside funding; (S) ,Sale of Real Estate•Fund;
(B) Betterments; (C) Sale of Cemetery lots;(E) Enterprii*4 -.Fund
(7)
139
Subsequent Town Meeting November 9, 1987
REPORT OF PROGRESS
ARTICLE 3, MOTION OF RALPH W. BARCROFT
ADJOURNED ANNUAL TOWN MEETING, APRIL 30, 1987
The subject motion instructed the Community Planning and
Development Commission (CPDC) to "plan revisions to the zoning
by- laws... relative to the minimum lot size and appropriate dimen-
sional controls on the construction of residential homes, with
the intent of improving the appearance and aesthetics of house
construction in Reading ". The motion suggested CPDC consider ex-
tension of the site plan review process to residential subdivi-
sion and "rapid phase out of grandfathered non - conforming homes ".
I am happy to report that Massachusetts General Laws
preclude any forced elimination of residential non - conforming
uses. The sections of our community where development occurred
prior to the adoption of zoning regulations contain many lots and
homes which are considered existing non - conforming and the
private property rights of owners of such properties were acknow-
ledged as zoning regulations developed. Lot size and dimensional
and use controls on remaining portions of the community evolved
as they were deemed appropriate and necessary for the community.
As the community and our needs have changed and developed, Town
Meeting has allowed changes for different uses and controls such
as apartments, specific types of business zones, various density
residential districts, townhouse districts, wetlands protection
districts and municipal re -use districts. In fact this Town
Meeting will be asked to consider a Planned Unit Development
provision for our zoning by -laws. Economic pressure for develop-
ment and redevelopment has continually increased and that pres-
sure along with the societal changes has and will continue to ex-
pose gaps or quirks in our controls which in turn has resulted in
situations which many of us find inappropriate for our community.
While we as a community are unable to undo the unhappy
- results of past oversights we can consider potential solutions to
avoid future problems. The CPDC feels that these solutions can
be of such far reaching effect and result on such long lasting
impact that they deserve the comprehensive examination that can
only occur through the process of master planning and indeed CPDC
has already begun that process. With the cooperation of the
Selectmen, the CPDC has formed the Reading Master Plan Advisory
Committee. With the assistance of the MPAC, the Selectmen, other
town boards, the Town Manager and most importantly the citizens
and the expertise of the new Town Planner the CPDC will, over the
next 12 to 18 months, develop a Master Plan. Among the results
will be recommendations for comprehensive zoning by -law revisions
and updating.
Sincerely,
George V. Hines
Chairman, CPDC
. ARTICLE 1. On motion of John H. Russell, it was voted to
lay Article 1 on the table.
ARTICLE 2. On motion of John H. Russell, it was voted to
lay Article 2 on the table.
ARTICLE 3. On motion of Donald C. Allen, it was voted to
amend the Capital Improvement Program as provided for in Section
7 -7 of the Reading Home Rule Charter by adopting "Proposed
Amendment to Capital Outlay Plan FY 1988 thru FY 1992 dated
November 1987 by adding, under Public Safety, a line for "Fire
Station Improvements" in the amount of $5,000.00 with appropria-
tion noted as the funding source, in the Fiscal Year 1988 column,
and to amend the amount of total appropriations for FY 88 to
$857.93 Thousand Dollars.
I M
Subsequent Town Meeting November 9, 1987
ARTICLE 3. On motion of John H. Russell, it was voted to
lay Article 3 on the table.
ARTICLE 4. On motion of Edward F. Murphy, it was voted
that the Town amend the By -laws of the Town of Reading to bring
them into conformance with the Reading Home Rule Charter and to
make certain other changes to said by -laws by deleting the entire
text of the General By -laws entitled: "Town of Reading, Mas-
sachusetts By -laws 1972 revised thru June 198310, and any amend-
ments thereto and substituting therefor a revised text entitled:
"Town of Reading, Massachusetts By -laws 1987 ". (with the excep-
tion of the use of highlighted typeface in the titles and text to
indicate additions to the By -laws and crossed -out language which
indicates deletions from the By -law which highlighting of
typeface and which crossed -out language are not to be parts of
the By -laws to be adopted hereby).
ARTICLE 5. On motion of Mary S. Ziegler, it was voted
that the Town amend the By -laws of the Town as most recently
amended, by deleting in its entirety the existing text of Sec-
tions 1 thru 12 inclusive of Article XXIV entitled "Personnel"
and substituting therefore as Sections 1 thru 6 the text of Sec-
tions 1 thru 6 inclusive as setforth in the document entitled Ar-
ticle XXIV "Personnel" as distributed to Town Meeting Members and
made available for public inspection.
ARTICLE 6. On motion of Mary S. Ziegler, it was voted to
indefinitely postpone Article 6.
ARTICLE 7. On motion of Mary S. Ziegler, it was voted to
indefinitely postpone Article 7.
ARTICLE 8. On motion of Benjamin E. Nichols, it was
voted to lay Article 8 on the table.
ARTICLE 9. On motion of Russell T. Graham, it was voted
to authorize the Board of Selectmen to sell, exchange or dispose
of, upon such terms and conditions as the Town Manager may deter-
mine, a 1962 Allis Chalmers Bulldozer Model HD6, and a 1970
Diamond -Reo 25 yard Rubbish Packer Model DC- 10142.
ARTICLE 10. On motion of Richard H. Coco, it was voted to
authorize the School Committee to sell or exchange, or dispose
of, upon such terms and conditions as they may determine, various
items of School Department equipment.
ARTICLE 11. On motion of Mary S. Ziegler, it was voted
that the Town transfer the sum of $6240 from the "Personnel-
Personal Services" account to "Town Manager- Personal Services"
account.
ARTICLE 12. On motion of Elizabeth W. Klepeis, it was un-
animously voted that the Town rescind the remaining Bond
authorization for the purpose of replacing the school roof at the
Alice M. Barrows Elementary School, and a partial roof replace-
ment at the Reading Memorial High School in the amount of $13,200
authorized by Article 17 at the Annual Town Meeting on April 13,
1987.
ARTICLE 13. Richard H. Coco moved to transfer the care,
custody, management and control of the following described land
or portions thereof, which presently constitute a portion of land
held by the Reading School Committee for uses related to Reading
Memorial High School, from the Reading School Committee to the
Board of Selectmen of the Town of Reading for any other municipal
purpose, including the possible sale or lease thereof:
Beginning at a point , said point being northerly 80.52 feet and
northeasterly 12.5 feet from the northerly sideline of Longfellow
Road;
or
o
�Rv- �afu Committee
4flurticipal uiibiits
READING. MASSACHUSETTS 01867
November 9, 1987
Dear Town Meeting Member:
617 - 942-0500
Enclosed for your consideration and action at the Subsequent
Town Meeting is your copy of the Town's By-Laws, as proposed by
the By-Law Committee. As you know, the By-Law Committee has
been charged by the Charter to bring the By-Laws into conformity
with the provisions of the Charter.
The Committee has not attempted, at this time, to recodify the
By-Laws, nor has it attempted to structure any changes other
than those required to bring the By-Laws into conformity with
the Charter.
Your copy shows the complete original text, with the crossed out
wording indicating the deletions and the highlighted (darker)
typeface indicating additions.
The Committee invites your comments and questions.
Thank you.
Sincerely,
BY-LAW COMMITTEE
Edward F. Murphy, Chairman
Philip B. Pacino, Clerk
George A. Theophanis
Nils L. Nordberg
Dolores S. Carroll
EFM/dsc
TOWN OF READING, MASSACHUSETTS
BY -LAWS
1987
Page 1
ARTICLE I
Town Meetings
Section 1. The Annual Town Meeting shall be held on the third
Monday preceding the second Monday in April of each year for
the election of Officers and for such other matters as required
by law to be determined by ballot.
Section 2. All business of the Annual Town Meeting, except the
election of such officers and the determination of such matters
as required by law to be elected or determined by ballot, shall
be considered at an adjournment of such meeting to be held at
7:30 P.M. on the second Monday in April except if this day shall
fall on a legal holiday, in which case the meeting shall be held
on the following day, or at a further adjournment thereof. A
subsequent Town Meeting shall be on the second Monday in
November to consider and act on all business as may properly
come before it, except the adoption of the annual operating
budget, except if this day shall fall on a legal holiday, in which
case the meeting shall be held on the following day.
Section 3. The polls for the Annual Town Meeting shall be
opened at 7:00 A.M. and shall remain open until 8:00 P.M.
Section 4. Adjourned sessions of every Annual Town Meeting,
after the first such adjourned session provided for in Section 2
of this Article, and all sessions of every subsequent Town
Meeting, shall be held on the following Thursday at 7:30 P.M.
and then on the following Monday at 7:30 P.M. and on
consecutive Mondays and Thursdays unless a resolution to
adjourn to another time is adopted by a majority vote of the
Town Meeting Members present and voting.
Section 5. The Board of Selectmen shall give notice of the
_ Annual and subsequent Town Meeting by causing an attested
copy of the Warrant calling the same to be posted in at least
three (3) public places in each precinct of the Town not less
than fourteen (14) days prior to each meeting and either by
causing such attested copy to be.published at least fourteen (14)
days prior to the time of holding such meeting, in a newspaper
published in the Town or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14)
days prior to the time of holding said meeting.
Section 6. The Board of Selectmen shall give notice of each
Special Town Meeting by causing an attested copy of the
Warrant calling for same to be posted in at least three (3)
public places in each precinct of the Town not less than
fourteen (14) days prior to each meeting, and either by causing
such attested copy to be published at least fourteen (14) days
prior to the time of holding such meeting, in a newspaper
published in the Town, or by mailing an attested copy of said
Warrant to each Town Meeting Member at least fourteen (14)
days prior to the time of holding said meeting.
Section 7. All articles for the Annual Town Meeting shall be
submitted to the Board of Selectmen not later than 8:00 P.M.
on the fifth Monday preceding the date of election of Town
Officers, unless this day is a holiday in which case the following
day shall be substituted. All articles for the subsequent Town
Meeting shall be submitted to the Board of Selectmen not later
than 8:00 P.M. on, the fourth Monday of September of the• year
for the subsequent Town Meeting in which action is to be taken,
unless this day is a holiday in which case the following day shall
be substituted.
Section 8. The Board of Selectmen, after drawing a Warrant
for a Town Meeting, shall immediately deliver a copy of such
Warrant to each member of the Finance Committee, the
Planning Beard Community PLanning do Development
Commission and the By -Law Committee.
SeetieR 9. Any represeRtative TowR Meeting Meld under the
PFevisieRS at Chapter 7 Of the Aets at €943 shall be limped to
the TOWR Meeting Members eleeted under SeetieR 3 thereof
together with the MedeFateFT CMaiFraaR and Vlee CMairrnan Of
the FiRaRee CernmAtee,. Chairman of the Personnel Beard,.
Chairman of the Beard at SeleetrneRT Chairman at the Seheel
CemmitteeT Chairman at the Beard of Publie WeFksT Chairman
o€ the Trustees at the Publie bibraryT Chairman of the planning
BeaFdT Chairman at the Beard of Cemetery Trustees and
Chairman of the bight BeaFdT who are designated as Town
Meeting Members at large. Any TOWR Meeting Member who is
both an elected member and a mernber at large shall be entitled
to only one vote OR eaek. question OF motion submitted to the
eeRslderatleR Of the Town Meeting.
SeetieR 18. The Town Clerk shall be the Clerk of the Town
Meeting and shall be present at all Annual and Speeial Town
Meetings. Sheald it be Reeessary for him to be abseRtr then the
Assistant Town Clerky OF a Clerk Pre Tern elected by the Town
Meeting body,. shall aet in his behalf.
ARTICLE H
Conduct of Town Meetings
Section 1. In the conduct of all Town Meetings the following
rules shall be observed:
Rule 1 All articles on the Warrant shall be taken up in
the order of their arrangement in the Warrant unless otherwise
decided by a majority vote of the Members present and voting.
Rule 2 Every person shall stand when speaking, shall
respectfully address the Moderator, shall not speak until
recognized by the Moderator, shall state his name, shall confine
himself to the question under debate and shall avoid all
personalities.
Rule 3 No person shall be privileged to speak or make a
motion, until after he has been recognized by the Moderator.
Rule 4 No Town Meeting Member or person shall speak on
any question more than ten (10) minutes without first obtaining
the permission of the meeting.
Rule 5 No speaker at a Town Meeting shall be interrupted
except by. a Member making a point of order or privileged
motion or by the Moderator.
Rule 6 The Moderator shall decide all questions of order
subject to appeal to the meeting, the question on which appeal
shall be taken before any other.
Rule 7 When a question is put, the vote on all matters
shall be taken by a show of hands and the Moderator shall
declare the vote as it appears to him. If the Moderator is
unable to decide the vote by the show of hands, or if his
decision is immediately questioned by seven (7) or more
members, he shall determine the question by ordering a
standing vote and he shall appoint tellers to make and return
the count directly to him. On request of not less than twenty
(20) members a vote shall be taken by roll call.
Rule 8 All original main motions having to do with the
expenditure of money shall be presented in writing and all other
motions shall be in writing if so directed by the Moderator.
Rule 9 No motion shall be received and put until it is
seconded. No motion made and seconded shall be withdrawn if
any Member objects. No amendment not relevant to the
subject of the original motion shall be entertained.
Page 2
Rule 10 When a question is under debate no motion shall be
in order except (1) to adjourn, (2) to lay on the table or pass
over, (3) to postpone for a certain time, (4) to commit, (5) to
amend, (6) to postpone indefinitely, or (7) to fix a time for
terminating debate and putting the question, and the aforesaid
several motions shall have precedence in the order in which
they stand arranged in this Rule.
Rule 11 Motions to adjourn (except when balloting for
offices, and when votes are being taken) shall always be first in
order. Motions to adjourn, to lay on the table and to take from
the table shall be decided without debate.
Rule 12 The previous question shall be put in the following
form or in some other form having the same meaning: "Shall the
main question now be put ? ", and until this question is decided
all debate on the main question shall be suspended. If the
previous question be adopted the sense of the meeting shall
immediately be taken upon any pending amendments, in the
order inverse to that in which they were moved, except that the
largest sum or the longest time shall be put first, and finally
upon the main question.
Rule 13 The duties of the Moderator and the conduct and
method of proceeding at all Town Meetings, not prescribed by
law or by the Rules set forth in this Article, shall be
determined by the rules of practice set forth in Robert's Rules
of Order Revised, so far as they may be adapted to Town
Meetings.
Rule 14 All committees shall be apointed by the Moderator
unless otherwise ordered by a vote of the Members present and
voting.
Rule 15 When the final report of a committee is placed in
the hands of the Moderator it shall be deemed to be received
and a vote to accept the same shall discharge the committee,
but shall not be equivalent to a vote to adopt it.
Rule 16 A majority of the Town Meeting Members shall
constitute a quorum for doing business.
Rule 17 On each Article in a Warrant, involving the
expenditure of money, the Finance Committee shall advise the
Town Meeting as to its recommendations and the reasons
therefor.
Section 2. It shall be the duty of every Town Officer, and the
duty of every elected or appointed Town Board or Committee
by a member thereof, to be in attendance at all Town Meetings
for the information thereof while any subject matter is under
consideration affecting such Officer, Board or Committee.
Section 3. All Committees shall report as directed by the
Town Meeting. If no report is made within a year after the
appointment, the Committee shall be discharged unless, in the
meantime, the Town Meeting grants an extension of time.
Section 4. A motion to reconsider any vote must be made
before the final adjournment of the meeting at which the vote
was passed, but such motion to reconsider shall not be made at
an adjourned meeting unless the mover has given notice of his
intention to make such a motion, either at the session of the
meeting at which the vote was passed, or by written notice to
the Town Clerk within twenty -four (24) hours after the
adjournment of such session. There can be no reconsideration
of a vote once reconsidered, or after a vote not to reconsider.
No article in the warrant shall again be taken into consideration
after it has been disposed of unless ordered by a vote of two -
thirds (2/3) of the votes present.
The foregoing provisions relating to motions to
reconsider shall not apply to any such motion made by the _
Board of Selectmen and authorized by the Town Moderator as
necessary for the reconsideration of actions previously taken by
Town Meeting by reason of state or federal action or inaction
or other circumstances not within the control of the Town or -
Town Meeting. In the event such a motion to reconsider is
made and authorized, said motion may be made at any time
before the final adjournment of the meeting at which the vote
was passed, said motion may be made even if the vote was
already reconsidered or was the subject of a vote not to
reconsider, and reconsideration may be ordered by a vote of
two - thirds of the votes present.
Section 5. Notice of every vote to be reconsidered at an
adjourned town meeting shall be posted by the Town Clerk in
two conspicuous public places in each precinct of the Town as
soon as possible after adjournment, and he shall, if practicable,
at least one day before the time of the next following session of
said adjourned meeting, publish such notice in some newspaper
published in the Town. Said notice shall include the vote to be
reconsidered and the place and time of the next following
session of said adjourned meeting.
Section 6. Any registered voter inhabitant of the Town may
speak at a Town Meeting, having first identified himself to the
Moderator as an Fegistered veteF inhabitant of the Town. No
registered veteF inhabitant shall speak on any question more
than five minutes without leave of the Town Meeting.
Registered voters Inhabitants shall be given the privilege of
speaking at Town Meetings only after all Town Meeting
Members who desire to speak upon the question under
consideration have first been given an opportunity to do so.
Officers and Board and Committee Members who are not Town
Meeting Members, shall have the same right to speak, but not
to vote, as Town Meeting Members on all matters relating to
their Office, Board or Committee.
Section 7. Any person having a monetary or equitable interest
in any matter under discussion at a Town Meeting and any
person employed by another having such an interest, shall
disclose the fact of his interest or his employer's interest
before speaking thereon.
Section 8. The Selectmen shall, at each Annual Town
Meeting, give to the Members information of the state of 'the
Town.
Section 9. The Town Meeting members and Town Meeting
members elect from each precinct shall hold an annual precinct
meeting after the annual Town elections but before the
convening of the business sessions of the Annual Town Meeting.
The purpose of the meeting shall be the election of a chairman
and a clerk and to conduct whatever business may be
appropriate. Chairmen shall serve no more than six consecutive
years in that position. Additional precinct meetings may be
called by the chairman or by a petition of six Town Meeting
members of the precinct.
ARTICLE III
Finance Committee
SeetieR i. There shall be a Fiflaflee Committee eeasistitig of
fifteen Eli) voters Of the Fawn? Eight 4) members of sdeb
eernroittee shall eeristitute a gdeFamr No member of the
FiaaRee Committee shall be a TowR OffkeFT member of as
eleeted Beard or- Committeey eF employee of the TowR. A
membeF of the Fiflaaee Committee eaa be as eleeted Tewa
Meeting Member,
SeetleR 2. The members of the lyiaaaee CemrnAteey who are
in offlee at the time this By-Law beeemes effeetive, shall held
e €€lee wRt-4 the exp!Fatiea of the term for- whkh they were
appointed. AR Appeiatment Committee eeasistiag of the
Page 3
MederateF whe shall have eRe veteT the Beard of SeleetmeR who
shall have eRe voteT and EhairrnaR e€ the FiRaRee Committee
who shall have eRe veteT ehaired by the MederateFT shall
appeiRt five (5) members eaeh yeaF for- a term of thFee (3)
yeaFST the terms of said members to expire OR the gFst day of
3uiy, Ne FiRanee Committee member shall serve ter- mere than
three (3) eeRseeutive teFms, ARy vaeaRey on the Committee
shall be filled by the Appointment Committee,
Section 36. Any member of the Finance Committee who shall
be appointed or elected to any Town Office, board or other
committee, shall forthwith upon his qualification in such office,
and any member who shall move from the Town shall upon such
moving, cease to be a member of said Committee.
Section 47. If any member of the Finance Committee is absent
from three (3) or more successive meetings of the Finance
Committee the other members of said Committee may by an
affirmative vote of its majority request the Appointment
Committee to remove such absenting member from his
membership and the Appointment Committee may thereafter so
remove such member and shall notify him by mail of such
removal.
Section 5. The Finance Committee shall aRRually appoint
have a Clerk of the Committee who shall be appointed by the
Town Manager and who shall not be a member theFee€ of the
Committee. The Finance Committee shall meet at the call of
said Clerk by July 10 of each year and shall then elect its
Chairman and Vice Chairman.
Section 61. The Finance Committee shall consider all matters
of business included within the Articles of any Warrant which
involve the expenditure, appropriation and raising or borrowing
of money.
Section 72. The Finance Committee shall make a written
recommendation on all Articles that it has considered, and the
Town Clerk shall mail said written recommendations to each
Town Meeting Member at least seven (7) days prior to the first
adjournment of the Annual Town Meeting, seven (7) days prior
to the and second Monday in November and four (4) days iR
advaRee of prior to any Special Town Meeting. The said
recommendations should be those of a majority of the entire
Committee, but recommendations may also be made by a
minority of said Committee. The Committee's report shall also
state the total amount of appropriations recommended by it on
the entire Warrant and the approximate tax rate based on such
recommendations.
Section 83. The Finance Committee, or its duly authorized
agents, shall have authority at any time to, and upon the
petition of one hundred citizens of the Town or a vote of the
Town Meeting shall, investigate at once the books, accounts,
records and management of any Office, Board or Committee of
the Town and to employ such expert and other assistants as it
may deem advisable for that purpose; and the books, records
and accounts of any Department and Office of the Town shall
be open to the inspection of the Committee and any person
employed by it for that purpose. The Committee shall have no
power to incur any expenses payable by the Town without
authority for such expenses having first been obtained from the
Moderator and such expenses shall be paid from the Finance
Committee Reserve Fund.
Section 94. The Finance Committee in making its report upon
any subject referred to it shall arrange the report in clear and
compact form and shall divide it into separate propositions
whenever in its judgement such divisions may be desirable. The
Committee shall attach to each proposition its own
recommendations.
SeetieR 18, The vaFieus TewR BeaFdsT Qf ieeFs and Committees
ehar-ged with the expendituFe of TewR mORey shall., Ret lateF
than the thirty -€irst day of Deeember- of eaeh yeaF., pFepaFe
detailed estimates of the ameuRts deemed by them neeessaFy
€eF the admiRistratieR of theiF Fespeetive Offices OF
DepaFtments feF the' eRSUing €iseal yeaF with ex*RateFy
statements e€ the reason for- aRy substantial ehaRges in the
ameuRts appropriated for. the same purpose lR the pFeeediRg
yeaF, They shall also pFepaFe estimates of all pFebable items of
1Reeme whieh may be Feeeived by them duFing the eRsuiRg year-
iR eORReetieR with the admiRistratieR Of their DepaFtmeRts OF
O€f-iees, Sueh estimates and statements shall be filed by said
thirty -€iFst day of DeeembeF with the T9WR AeeeuataRt who
shall immediately deliveF eepies e€ the same to the FiRaRee
Committee,
ARTICLE IV
CAPITAL IMPROVEMENT PROGRAM
SeetieR 11, The FIRaRee Cemmittee TewR MaRageF shall
pFeseRt to eaeh NevembeF TewR Meeting a five yeaF Capital
Outlay PlaR ImpFovement PFegFam to be adopted by TeWR
Meeting with OF without amendment, AdeptieR Of the PlaR
PFOgFam 5hali Rot eeRstitute autheFiaatiOR at the expendAUFe
of aRy €uRds. No €uRds may be appFepFiated €eF aRy eapital
item unless sueh item is iReWded 1R the Capital Outlay PlaR
lmpFevemeRt PFegr-am and is seheduled €eF €uRdiRg iR the fiseal
yeaF iR which the apprepFlatlen is to be made, The Capital
Outlay PlaR lmpFevemeRt PFegFam may be amended by aetleR
Of aRy FegulaF OF speeial TewR Meeting. The FiRaRee
Committee shall de€iRe expeRdituFes which must appear- OR the
Capital Outlay PlaR, All beaFds., eemmAteesT eemmisSieRST and
e €€ieers shall submit their proposed eapital outlays to the
FiRaRee Committee TewR MaRager as FequiFed by said
Committee TewR Manager.
Section 1. All boards, committees, commissions, and officers
shall submit their proposed capital outlays to the Town Manager
as required by said Town Manager.
Section 2. After submission of the Capital Improvement
Program to the Board of Selectmen and the Finance
Committee, the Town Manager shall present to each Subsequent
Town Meeting such Program to be adopted by Town Meeting
with or without amendment. The Capital Improvement
Program may be amended by action of any regular or special
Town Meeting.
Section 3. Adoption of the Program shall not constitute
authorization of the expenditure of any funds. No funds may be
appropriated for any capital item unless such item is included in
the Ca ital Improvement Program and is scheduled for funding
in the fiscal year in which the appropriation is to be made.
ARTICLE IV
SELECTMEN
SeeUeR 1, The Beard of SeleetmeR shall have the geReFal
dlFeGUeR and management of the property and affairs of the
TowR iR all matters Rot otheFwise pFevided €OF by law OF by
these By -Laws.
ARTICLE V
EXECUTIVE SECRETARY Reserved for Future Use
SeetIOR 1, The Beard of SeleetmeR shall OR er after- the €iFst
day e€ duly in eaeh yeaF appoint aR Exeeutive SeeFetar-y whe
shall seFve uRdeF the pFevisieRs of Chapter- 41T SeetieR 23A of
the GeReFal Laws., as amended, The teFm of of lee of said
Exeeutive Seer-etaFy shall begin OR the ffst day of duly and
shall eeRtinue uRt4 the €ellewiRg thiFtieth day e€ 9URe OF uRtii
his sueeesser is appointed. The Exeeutive SeeFetaFy shall seFve
at the pleasuFe of the Beard of SeleetmeR,
Seetien 2, He shall aet by and €eF the Beard of SeleetmeR iR
aRy matter whiek it may aS&igR to him FelatiRg to the
admiRistFatieR of the affairs of the TewR or of aRy TewR O €€iee
eF Department under its supervisieR and eeRtFO6 OFT with the
appFeval of the BeaFd of SeleetmeRT may peF €eFm suck ether
duties as may be Fequested of him by aRy ether. TewR O €€ieer.,
Bear-dT Committee or- CemmissieR,
Page 4
ARTICLE VI
Resolution of Legal Matters
Section 1. The Town Counsel or any other special counsel
employed by the Board of Selectmen pursuant to Section 6 -5 of
the Reading Home Rule Charter shall not make any final
settlement of any litigation to which the Town is a party unless
he has been duly authorized by a vote of the Board of
Selectmen, or by a vote of the Town Meeting. The Board of
Selectmen shall have the authority to compromise and settle all
suits involving the payment by the Town of Twenty -Five
Thousand Dollars ($25,000) or less, and they shall further have
the authority to compromise or settle all claims, actions,
proceedings and suits arising under Workmen's Compensation or
related disability insurance statutes, involving payment by the
Town of Fifty Thousand Dollars ($50,000) or less. A Town
Meeting must approve the compromise or settlement of all suits
involving payment by the Town of more than Twenty -Five
Thousand Dollars ($25,000), except claims, actions, proceedings
and suits arising under Workmen's Compensation or related
disability insurance statutes in which case a Town Meeting must
approve or compromise the settlement of all such matters
involving the payment by the Town of more than Fifty Thousand
Dollars ($50,000).
obtained a permit from the Board of Pebl -ie Works Selectmen
and unless he complies with the rules and regulations for such
dumping ground or area as the Board of Publfe Works Selectmen
may from time to time establish. The Board of Peblie Works
Selectmen shall from time to time establish the fees for the
issuance of permits.
Section 5. No person shall turn on or off the water at any
water main, service pipe, hydrant, water post, drinking
fountain, or other fixture or appurtenance connected with the
Reading Water System or make any opening into or connection
therewith without authority from the Seperiateadeat of the
Beard Director of Public Works, except that hydrants may be
used by firemen or policemen in the discharge of their duty.
Section 6. No person shall refuse entry to any building owned
by him, after receipt of written request from the Board of
Publie WeFks, Selectmen to any authorized representatives or
employees of the Beard Department of Public Works bearing
proper credentials and identification for the purposes of
inspection, observation, measurement, sampling, installation
and testing of water meters used for the measurement of water
supplied by the Beard Department of Public Works.
If such entry cannot be obtained during normal working hours
then, after adequate notice and reasonable attempts to
ARTICLE VII schedule said entry, the owner may be billed an amount
Beard of Public Works established by the Board of Publie Works Selectmen for
additional costs incurred by the Board.
Section 1. The Board of PU646 Works Selectmen is hereby
authorized and empowered to aid any city or town bordering
upon Reading in repairing and maintaining the physical
properties of water supply systems of said cities or towns under
authority of Section 39H of Chapter 40 of the General Laws, as
amended, and may extend such aid subject to such terms and
conditions as said Board may impose.
Section 2. The Board of Publie Works Selectmen shall
establish a system for the numbering of any building on or near
the line of public or private ways and shall prescribe by suitable
rules and regulations the method in which such numbering shall
be done.
Section 3. No person shall neglect or refuse to affix to any
building owned by him the street number designated for such
building by the Beard Director of Public Works or by the
Building Inspector, acting in accordance with the numbering
system and the rules and regulations established by the Board of
Publie Works Selectmen, nor shall any person affix to or suffer
to remain on any building owned or occupied by him, a street
number other than the one designated for such building by the
Beard Director of Public Works or by the Building Inspector.
Owners shall be allowed ten (10) days after written notice to
comply with the provisions of this Section 3.
Section 4. No person shall deposit in any area any liquid or
solid waste materials, including garbage and rubbish, except in
a dumping ground or area designated for such deposits by the
Board of Health. No person shall make any such deposit in a
dumping ground or area so designated, unless he has first
ARTICLE VIII
Town Clerk
Section 1. The Town Clerk shall keep a book which contains a
true copy of all deeds and conveyances executed by the Board
of Selectmen or by any other authorized Board or person.
Section 2. It shall be the duty of the Town Clerk to see that
every conveyance to the Town of any interest in land, and any
plan thereof, is properly recorded in the Registry of Deeds.
Section 3. The Town Clerk shall furnish all Boards,
Committees and Officers with a copy of all votes affecting
them.
Section 4. Whenever any report of any Board or Committee,
or any minority report thereof, is presented to a Town Meeting
the Town Clerk shall cause the report to be entered in full upon
the regular record of the meeting.
Section 5. As soon as practicable after any election has been
held by the Town, or any appointment of Committees or other
officials has been made by the Town or by any Officer, Board or
Committee thereof, the Town Clerk shall, in addition to the
notices he is directed to give to officers who are required to
take oath of office, issue a written or printed notice to all
persons who have been elected to any other office or chosen to
serve on any Committee, stating that office to which such
person has been elected, or the duties which such Committee
was chosen to perform.
Page 5
Section 6. The Town Clerk shall cause to be permanently
bound one or more copies of each Annual Town Report, which
shall be kept in the Town Hall.
ARTICLE IX
Town Treasurer - Collector and Town Accountant
Section 1. The Colleeterof TaxesTownTreasurer- Collectorshall
collect, under the title of Town Celleeter, Treasurer - Collector,
all accounts due the Town which are committed to him.
Section 2. Every department of the Town shall deliver to the
Town Accountant at least once in every month a separate
statement of each account due the Town arising through any
transaction with such department. Upon receipt of such
statements of accounts the Town Accountant shall commit such
accounts to the Town Treasurer - Collector for collection. This
section shall not apply to (1) taxes and special assessments,
licenses and permits issued or granted by the various
departments of the Town, (2) costs and fees charged by said
departments, (3) interest on investments of sinking or trust
funds, or (4) accounts due the Municipal Light Department.
Section 3. Any account committed by the Town Accountant
which the Town Treasurer - Collector is unable to collect by
ordinary efforts may be referred by the Town Treasurer -
Collector to the Town Accountant or Town Counsel for
instruction as to procedure. So far as permitted by law any
account or portion thereof may be abated by the department in
which such account originated subject to the approval of the
Town Manager. The Town Accountant shall be notified in
writing of the abatement of any such committed account or
portion thereof.
Section 4. The Town Treasurer- Collector shall, at least once
in each week, pay over to the Treasurer's Accounts all money
received by him during the preceding week or lesser period,
including any sum received as interest on moneys received by
him on all accounts committed to him and deposited in any
bank. He shall give bond to the Town for the faithful
performance of his duties in a form approved by the
Commissioner of CeFpeFatieRS and Taxatier Revenue and in
such sum, not less than the amount that may be established by
said Commissioner, as shall be fixed by the Selectmen.
ARTICLE X (Reserved for Future Use)
PlaRF&g Beard
There shall be a PIaRRiRg Beard eeRsistiRg of €tve veters of the
TewR who shall perform the duties preseribed ifl SeetieR 70 of
Chapter 41 of the General Laws, as amended. The members Of
this Beard shall be eleeted by a vote eR the effieial ballet at
the ARRual TewR Meeting iR MaFeh 191A two members for the
teFm of three year-&, two for the term of two year-&r and eRe for
the term of eRe year. At eaeh aRRdal meetiRg therea fter, eRe
or two members of said Beard shall be eleeted €er the term of
three years as the term of of lee of ere er, two members expire.
ARTICLE XI
Council on Aging
Section 1. The CowRe4 eR Aging shall e6R45t of ten members
appoiRted by the Beard of SeleetmeR. All members shall be
citizens of the town and at least two members shall be over 65
years of age. The Eedreil shall meet and ergaRize as soon as
possible after- July 1 of eaeh year. At said meeting it shall
eleet As ewR ehaiFnaaR and aRy ether offieeFS it may deem
Reeessary to eeRddet its bdsiRess.
The tern of appelRtmeRt for ail members shall be €eF three
years and shall expire eR the € fst day of Jely exeept the
members of the Cotme4 shall be appointed initially as €ollews#
€eaF members for the term of three years, three for the term of
two years and three for the terra of ere year. ARRdally
thereafter three or four members shad be appointed for the
term of three years as the term of effiee of three er €edF
members expire. The Ceune4 may appeiRt sueh elerks and
ether emp- bayees as A may FeElu4e.
Section 2. If any member of the Council is absent from two
(2) or more successive meetings or more than four (4) meetings
in one year the other members of said Council may, by
affirmative vote of its majority, request the Board of
Selectmen to remove such absenting member from his
membership and the Board of Selectmen may thereafter so
remove. such member and shall notify such member by mail of
such removal.
Seetien 3. # shall be the duty of the CeuReil to eaFFy out
Programs de4gRed to meet the problems of the aging iR the
CGmrRdR4y.
ARTICLE XII
Gas Inspector
Section 1. The Beard of SeleetmeR Town Manager shall
appoint annually on or before the first day of July a Gas
Inspector who shall hold office for a term expiring on the
thirtieth day of June in the following calendar year or until his
successor is appointed and qualified.
His eerepersatieR shall be determined by the Beard of
SeleetmeRT subjeet to the apPFePFiatieR of the TewR therefor-
He The Gas Inspector shall have the qualifications imposed by
Section 3 -0 of Chapter 143 of the General Laws, and his duties
shall be as prescribed in said Section 3-0. The Gas 4RspeewF He
may, so far as is necessary for the performance of his duties,
enter any building within the Town at any reasonable hour.
Section 2. The Beard of SeleetnaeR Town Manager may at any
time appoint, for such term as it may determine, one or more
assistant gas inspectors to act in the absence or disability of
the Gas Inspector and, while so acting, each of them shall have
and may exercise all of the powers and duties of the Gas
Inspector. Assistant gas inspectors shall have the same
qualifications as herein above set forth for the Gas Inspector.
Section 3. The Gas Inspector shall not inspect•.any building in
which he has an interest or has installed or furnished any
equipment or material. With respect to any such building, the
Beard of Seleetmen Town Manager shall designate an assistant
gas inspector or shall appoint a disinterested substitute gas
inspector, with all the powers and duties of the Gas Inspector;
and the compensation paid to such assistant or substitute in
such case shall be deducted from the salary of the Gas
Inspector.
ARTICLE XIII
Town Reports and Records
Section 1. All Town Officers, Boards and Committees and the
Town Counsel shall file an annual report of their doings with
the Board of Selectmen on or before the fifth Monday preceding
the first adjournment of the Annual Town Meeting of each year,
and the Board of Selectmen shall cause such reports to be
included in the Annual Town Report.
Section 2. The Board of Selectmen shall have the printed
Annual Town Report ready for distribution not later than the
first Monday preceding the first adjournment of the Annual
Town Meeting of each year.
Section 3. Each Town Board and Committee shall cause
records of its proceedings to be kept, and such records,
Page 6
excepting as otherwise provided by law, shall be public records.
Section 4. The Board of Assessors shall publish for general
circulation its valuation lists for real estate for the year 1973
and every second year thereafter, if the Town Meeting
appropriates funds for this purpose. The Board of Assessors
shall establish reasonable fees for the sale of said lists. After
the publication of the list for the year 1973, lists for subsequent
years shall be printed in not less than the same quantity as the
number sold of the preceding published valuation list.
Section 5. There shall be included as an integral part of the
Annual Town Report every year the Board of Assessors' records
of abatements on real estate taxes, other than statutory
exemptions as defined by General Laws, Chapter 59, Section 5,
such records to include the name and address of the taxpayer,
the location of the property, and the total sum of money
abated.
Section 6. The vote of each Town Meeting Member on all roll
call votes recorded at a Town Meeting shall be included in the
Annual Town Report.
Section 7. Written notification of all fund applications to be
submitted by any Town board, commission, committee, or
officer to any government agency, nonprofit or private
organization shall be promptly forwarded to the Finance
Committee, the Plaaalag BeaKdy Community Planning do
Development Commission and the Board of Selectmen.
ARTICLE XIV
Streets, Highways and Public Property
Section 1. No person shall place or cause to be placed any
obstruction in any street, public place, or private way in the
Town without the permission of the Board of Publie Works
Selectmen. The provisions of this Section 1 shall not apply to
newsracks as defined in Article XXXVI of these By -Laws.
Section 2. No person shall form or conduct any parade in any
street, sidewalk or public way within the Town, or form or
conduct for the purpose of display or demonstration, any
procession or assembly of people, except a military or funeral
parade or procession, within such street, sidewalk or way,
without first obtaining a written permit from the Board of
Selectmen; and no person shall take part in any such parade,
procession or assembly which is not authorized by such a
permit. The application for such a permit shall identify (1) the
person or organization seeking to conduct the parade and the
parade chairman who will be responsible for its conduct, (2) the
proposed date, starting and termination time, and route of the
parade, (3) the approximate number of persons, animals and
vehicles, and the type of animals and vehicles, to be in the
parade, (4) the location of any assembly areas and the time
units will begin to assemble at such areas, and (5) the intervals
of space to be maintained between the parade's units. The
applicant shall provide such further information as the Board of
Selectmen shall find reasonably necessary for a fair
determination as to whether a permit should be issued.
The Board of Selectmen shall issue a permit unless
it finds that the conduct of the parade is reasonably likely to (1)
cause injury to persons or property, provoke disorderly conduct,
or create a distrubance, (2) interfere unduly with proper fire
and police protection for, and ambulance service to, areas
contiguous to the proposed line of march or other areas in the
Town or (3) substantially interrupt the safe and orderly
movement of other traffic contiguous to the parade route. The
Board of Selectmen shall promptly notify the applicant and the
Town Counsel of its decision, including the terms of the permit
issued or the reasons for any denial or revocation of such a
permit. Immediately upon the issuance of a parade permit, the
Board of Selectmen shall send a copy thereof to the Police
Chief, Fire Chief, Beard and Director of Public Works, aad
TOwn Eeuasel.
Section 3. The Superiateadeat of the Beard Director of Public
Works, for the purpose of removing or plowing snow or
removing ice from any way within the limits of the Town and
from the Town parking areas and from any other land owned or
used by the Town, may remove or cause to be removed to some
public garage or other convenient place, any vehicle parked
upon such highway, parking area, or land and interfering with
such work, and the storage charges and other cost of such
removal shall be borne and paid by the owner of the vehicle.
Section 4. No person shall move or remove snow or ice from
private lands upon any public street, sidewalk or common land
of the Town in such a manner as to obstruct or impede the free
passage of vehicular or pedestrian traffic upon the street,
sidewalk or common land of the Town unless he has first
'obtained a permit therefor issued by the Beard Director of
Public Works.
Section 5. No person shall, during the period from November
15 to April 15, inclusive, discharge or pipe, or cause to be
discharged or piped, any ground water onto a public way or
sidewalk within the limits of the Town unless he has first
obtained a permit therefor issued by the Beard Director of
Public Works.
Section 6. No person shall make or construct a driveway or
other means of access or exit for motor vehicles on to a public
way or across a sidewalk unless he has first obtained a permit
therefor issued by the Beard Director of Public Works.
Section 7. No person, except the duly authorized agents and
employees of the Town, shall carry in or through any of the
public streets or ways of this Town any rubbish, garbage, offal,
contents of cesspools, or other offensive substances, unless the
person so carrying the same shall have secured a permit
therefor from the Board of Health, which permit may be issued
by said Board upon such terms and conditions as it may
determine. Any rule or regulation hereafter adopted by the
Board of Health under this Section shall be published at least
once in a newspaper, if any, published in the Town, otherwise in
at least one newspaper of general circulation in the Town.
Section 8. Any person who intends to erect, repair or take
down any building abutting on any way which the Town is
obliged to keep in repair and desires to make use of any portion
of said way for the purpose of placing thereon building
materials or rubbish, shall give notice thereof to the Board of
Publie Works Selectmen and thereupon the Board of Publie
Works Selectmen may grant a permit to occupy such portion of
said way, to be used for such purpose as in its judgment the
necessity of the case demands and the security of the public
allows. Such permit shall in no case be in force longer than
ninetyy days and shall be issued on such conditions as the Board
of Publie Works Selectmen may require.
Page 7
ARTICLE XV
Anti- Litter
Section 1. DEFINITIONS. For the purpose of this By -Law the
following terms, phrases, words, and their derivations shall have
the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
words used in the plural number include the singular number,
and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely
directory.
(1) "Private receptacle" is a litter storage and
collection receptacle as required or authorized in the Town.
(2) "Commercial Handbill" is any printed or written
matter, any sample or device, circular, leaflet, pamphlet,
paper, booklet, or any other printed or otherwise reproduced
original or copy of any matter of literature:
(a) Which advertises for . sale any merchandise,
product, commodity, or thing; or
(b) Which directs attention to any business or
mercantile or commercial establishment, or other activity, for
the purpose of either directly or indirectly promoting the
interest thereof by sales; or
(c) Which directs attention to or advertises any
meeting, theatrical performance, exhibition, or event of any
kind, for which an admission fee is charged for the purpose
ofprivate gain or profit; but the terms of this clause shall not
apply where an admission fee is charged or a collection is taken
- -up for the purpose of defraying the expenses incident to such
meeting, theatrical performance, exhibition, or event of any
kind, when either of the same is held, given or takes place in
connection with the dissemination of information which is not
restricted under the ordinary rules of decency, good morals,
public peace, safety and good order; PROVIDED, that nothing
contained in this clause shall be deemed to' authorize the
holding; giving or taking place of any meeting, theatrical
performance, exhibition, or event of any kind, without a
license, where such license is or may be required by any laws of
this Commonwealth, or under any By -Law of this Town; or
(d) Which, while containing reading matter other than
advertising matter, is predominantly and essentially an
advertisement, and is distributed or circulated for advertising
purposes, or for the private benefit and gain of any person so
engaged as advertiser or distributor.
(3) "Garbage" is putrescible animal and vegetable
wastes resulting from the handling, preparation, cooking and
consumption of food.
(4) "Litter" is "garbage ", "refuse ", and "rubbish" as
defined herein and all other waste material which, if thrown or
deposited as herein prohibited, tends to create a danger to
public health, safety and welfare.
(5) "Newspaper" is any newspaper of general
circulation as defined by general law, any newspaper duly
entered with the Post Office Department of the United States,
in accordance with Federal Statute or regulation, and any
newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean
and include any periodical or magazine regularly published and
distributed to the public.
(6) "Non- Commercial Handbill" is any printed or
written matter, any sample, or device, circular, leaflet,
pamphlet, newspaper, magazine, paper, booklet, or any other
printed or otherwise reproduced original or copy of any matter
of literature not included in the aforesaid definitions of a
commercial handbill or newspaper.
(7) "Park" is a park, reservation, playground, beach,
recreation center or any other public area in the Town, owned
or used by the Town and devoted to recreation or conservation.
(8) "Person" is any person, firm, partnership,
association, corporation, company or organization of any kind.
(9) "Private Premises" is any dwelling, house, building,
or other structure, designed or used either wholly or in part for
private residential purposes, whether inhabited or temporarily
or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, steps, vestibule or
mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
(10) "Public Place" is any and all streets, sidewalks,
boulevards, alleys or other public ways and any and all public
parks, squares, spaces, grounds and buildings.
(11) "Refuse" is all putrescible and nonputrescible solid
wastes (except body wastes), including garbage, rubbish, ashes,
street cleaning, dead animals, abandoned automobiles or trucks,
and solid market and industrial wastes.
(12) "Rubbish" is nonputrescible solid wastes consisting
of both combustible and non - combustible wastes, such as paper,
wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
(13) "Vehicle" is every device in, upon, or by which any
persons or property is or may be transported or drawn upon a
hi�hway,including devices used exclusively upon stationary
rails or tracks.
Section 2. LITTER IN PUBLIC PLACES. No person shall
throw or deposit litter in or upon any street, sidewalk or other
public place within the Town except in public receptacles, in
authorized private receptacles for collection, or in official
Town dumps or incinerators.
Section 3. PLACEMENT OF LITTER IN RECEPTACLES SO
AS TO PREVENT, SCATTERING. Persons placing litter in
public receptacles or in authorized private receptacles shall do
so in such a manner as to prevent it from being carried or
deposited by the elements upon any street, sidewalk or other
public place or upon private property.
Section 4. SWEEPING LITTER INTO GUTTERS PROHIBITED.
No person shall sweep into or deposit in any gutter, street or
other public space within the Town any accumulation of litter
or construction materials from any building or lot or from any
public or private sidewalk or driveway. Persons owning or
occupying property shall keep the sidewalk in front of their
premises free of litter.
Section 5. MERCHANTS DUTY TO KEEP SIDEWALKS FREE
OF LITTER. No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the Town the accumulation of litter from any
building or lot or from any public or private sidewalk or
driveway. Persons owning or occupying places of business
within the Town shall keep the sidewalk in front of their
business premises free of litter.
Section 6. LITTER THROWN BY PERSONS BY FROM VEHICLES.
No person, while a driver or passenger in a vehicle, shall throw
or deposit litter upon any street or other public place within the
Page S
Town, or upon private property.
Section 7. TRUCK LOADS CAUSING LITTER. No person
shall drive or move any truck or other vehicle within the Town
unless such vehicle is so constructed or loaded as to prevent any
load, contents or litter from being blown or deposited upon any
street, alley or other public or private place; and all such
persons and vehicles, when so required, shall be duly licensed
according to the provisions of the General Laws of the
Commonwealth and the rules, regulations and By -Laws of the
Town.
Section 8. LITTER IN PARKS. No person shall throw or
deposit litter in any park within the Town except in public
receptacles and in such a manner that the litter will be
prevented from being carried or deposited by the elements upon
any part of the park or upon any street or other public place.
Where public receptacles are not provided, all such litter shall
be carried away from the park by the person responsible for its
presence and properly disposed of elsewhere as provided herein.
Section 9. LITTER IN FOUNTAINS. No person shall throw or
deposit litter in any fountain, pond, stream, river or any other
body or water in a park or elsewhere within the Town.
Section 10. THROWING OR DISTRIBUTING COMMERCIAL
HANDBILLS IN PUBLIC PLACES. No person shall throw or
deposit any commercial or non - commercial handbill in or upon
any sidewalk, street or other public place within the Town, nor
shall any person hand out or distribute or sell any commercial
handbill in any public place. Provided, however, that it shall
not be unlawful on any sidewalk, street, or other public place
within the Town for any person to hand out or distribute,
without charge to the receiver thereof, any non - commercial
handbill to any person willing to accept it.
Section 11. PLACING COMMERCIAL AND NON-
COMMERCIAL HANDBILLS ON VEHICLES. No person shall
throw or deposit any commercial or non - commercial handbill in
or upon any vehicle. Provided, however, that it shall not be
unlawful in any public place for a person to hand out or
distribute without charge to the receiver thereof, a non-
commercial handbill to any occupant of a vehicle who is willing
to accept it.
Section 12. DEPOSITING COMMERCIAL AND
NON - COMMERCIAL HANDBILLS ON UNINHABITED OR
VACANT PREMISES. No person shall throw or deposit any
commercial or non - commercial handbill in or upon any private
premises which are temporarily or continuously uninhabited or
vacant.
Section 13. PROHIBITING DISTRIBUTION OF HANDBILLS
WHERE PROPERLY POSTED. No person shall throw, deposit
or distribute any commercial or non - commercial handbill upon
any private premises, if requested by any one therein not to do
so, or if there is placed on said premises in a conspicuous
position near the entrance thereof, a sign bearing the words:
"No Trespassing ", "No Peddlers or Agents ", "No
Advertisement ", or any similar notice, indicating in any manner
that the occupants of said premises do not desire to be
molested or have their right of privacy distrubed, or to have
any such handbills left upon the premises.
Section 14. DISTRIBUTING COMMERCIAL AND NON-
COMMERCIAL HANDBILLS AT INHABITED PRIVATE
PREMISES. No person shall throw, deposit or distribute any
commercial or non - commercial handbill in or upon private
premises which are inhabited, except by handing or transmitting
any such handbill directly to the owner, occupant, or other
person then present in or upon such private premises. Provided,
however, that in case of inhabited private premises which are
not posted, as provided by this By -Law, such person, unless
requested by anyone upon such premises not to do so, may place
or deposit any non - commercial handbill in or upon such
inhabited premises, if such handbill is so placed or deposited as
to secure or prevent such handbill from being blown or drifted
about such premises or sidewalks, streets, or other public
places, and except that mailboxes may not be so used when so
prohibited by Federal postal law or regulations. The provisions
of this section shall not apply to the distribution of mail by the
United States, nor to newspapers (as defined herein) except that
newspapers shall be placed on private property in such a manner
as to prevent their being scattered by the elements upon any
street, sidewalk or other public place.
Section 15. DROPPING LITTER FROM AIRCRAFT. No person
in any aircraft shall throw out, drop or deposit within the Town
any litter, handbill or any other object.
Section 16. POSTING NOTICES PROHIBITED. No person shall
post or affix any notice, poster or other paper or device,
calculated to attract the attention of the public, to any lamp
post, public utility pole or shade tree, or upon any public
structure or building, except as may be authorized or required
by law.
Section 17. LITTER ON OCCUPIED PRIVATE PROPERTY. No
person shall throw or deposit litter on any occupied private
property within the Town, whether owned by such person or not,
except that the owner or person in control of private property
may maintain authorized private receptacles or structures for
collection in such a manner that litter will be prevented from
being carried by the elements or deposited upon any street,
sidewalk or other public place or upon any private property.
Section 18. OWNER TO MAINTAIN PREMISES FREE OF
LITTER. The owner or person in control of any private
property shall at all times maintain the premises free of litter.
Provided, however, that this section shall not apply to leaves or
yard clippings nor prohibit the storage of litter in private
receptacles or in otherwise lawful conforming structures.
Section 19. LITTER ON VACANT LOTS. No person shall throw
or deposit litter on any open or vacant private property within
the Town whether owned by such person or not, unless duly
licensed by the Board of Health under applicable provisions of
the General Laws of the Commonwealth or By -Laws of the
Town.
Section 20. CLEARING OF LITTER FROM OPEN PRIVATE
PROPERTY BY THE TOWN.
(a) Notice to Remove. The Board of Health is hereby
empowered to notify the owner of any open or vacant private
property within the Town or the agent of such owner to
properly dispose of litter located on such owner's property
which is dangerous to public health, safety or welfare, or the
Board of Health may proceed to abate a nuisance as defined and
provided by General Laws, Chapter 111, as amended. Such
notice shall be by registered mail or certified mail, addressed
to said owner at his last known address; or such notice may be
served upon such owner or agent by a constable or other legal
officer as provided by law, and authorized to serve such
process.
(b) Action upon Non - Compliance. Upon the failure,
neglect or refusal of any owner or agent so notified, to properly
dispose of litter dangerous to the public health, safety or
welfare, within twenty -four hours, or within such other time as
the Board of Health deems reasonable, after receipt of such
written notice provided for in subsection (a) above, or within
fifteen days after the date of such notice in the event the same
is returned to the Town Post Office Department because of its
inability to make delivery thereof, provided the same was
properly addressed to the last known address of such owner or
Page 9
agent, the Board of Health is hereby authorized and empowered
to pay for the disposing of such litter or order its disposal by
the Town.
(c) Charge Included in Tax Bill. When the Town has
effected the removal of such dangerous litter or has paid for its
removal, the actual cost thereof, plus accrued interest at the
rate of six per cent per annum from the date of the completion
of the work, shall be charged to the owner of such property on
the next regular tax bill forwarded to'such owner, if not paid by
such owner prior thereto, by the Town and said charge shall be
due and payable by said owner at the time of payment of such
bill. Any such claim for the expense by said Board or Town in
so doing shall constitute a debt due the Town upon the
completion of the work and the rendering of an account thereof
to the owner, and is recoverable from such owner in an action
of contract, together with interest thereon at the rate of six
per cent per annum from the date said debt becomes due and
payable.
(d) Recorded Statement Constitutes Lien. Where the
full amount due the Town is not paid by such owner within
thirty days after the disposal of such litter, as provided for in
subsections (a) and (b) above, then, and in that case, the Board
of Health or the Town may cause to be recorded in the Registry
of Deeds a sworn statement showing the cost and expense
incurred for the work, the date the work was done and the
location of the property on which said work was done. The
recording of such sworn statement shall constitute a lien on the
property, and shall remain in full force and effect for the
amount due in principal and interest, plus cost of court, if any,
for collection, until final payment has been made. Said costs
and expenses shall be collected in the manner fixed by law for
the collection of taxes. Sworn statements recorded in
_ accordance with the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and
that the work has been done properly and satisfactorily and
shall be full notice to every person concerned that the amount
of the statement, plus interest, constitutes a charge against the
property designated or described in the statement and that the
same is due and collectible as provided by law. Such lien may
be dissolved by filing with the register of deeds for record or
registration, as the case may be, in the county or district, if the
county is divided into districts, where the land lies, a
certificate from the EslleeteF of Faxes of the ToWR Town
Treasurer - Collector that the debt for which the lien attached,
together with interest and costs thereon, has been paid or
abated. Such Eellee#sF Town Treasurer - Collector shall have the
same powers and be subject to the same duties with respect to
such claim as in the case of the annual taxes upon real estate;
and the provisions of law relative to the collection of such
annual taxes, the sale or taking of land for the non - payment
thereof, and the redemption of land so sold or taken shall apply
to such claim.
Section 21. SEPARATE OFFENSES. Each day any violation of
the provisions of this By -Law is committed or permitted to
continue shall constitute a separate offense and shall be
punishable as such hereunder.
Department, Committee, Commission, Authority or Trusteeship
shall receive any fee, payment or financial compensation
.whatever, except his salary or other compensation as provided
by law, or by vote of the Town, for any work or service
performed by him, in connection with his duties as a Town
Officer or member of such Board, Department, Committee,
Commission, Authority or Trusteeship.
Section 3. No present or former municipal employee shall
violate any of the conflict of interest provisions in Chapter
268A of the Massachusetts General Laws, as amended from
time to time.
Section 4. Any present municipal employee shall be entitled,
to the extent permitted by law, to the opinion of Town Counsel
upon any question arising under said Chapter 268A relating to
the duties, responsibilities, and interests of such employee.
Such employee and Town Counsel shall follow the provisions and
procedure set forth in said Chapter with respect to any such
opinion.
Section 5. The Town Boards and Officers of the different
Town Departments authorized to make contracts shall call for
competitive bids on all labor (except professional services) or
material to be furnished to the Town where the cost or
estimated cost to the Town of said labor and materials to be so
furnished equals or exceeds the sum of Four Thousand Dollars
($4,000) except in cases of special emergency involving the
health or safety of the people or their property. Said calls for
bids shall be advertised by publishing the same in at least one
newspaper of general circulation in the Town, and by posting it
in the Town Hall, such publication and posting to be at least one
week before the time specified for the opening of said bids.
The advertisement shall require each proposal to be sealed and
properly designated, shall announce the place, date and hour at
which the proposals will be opened, and shall reserve to the
Town the right to reject any or all such bids.. The bids as
received shall be deposited in a box securely locked, and at the
time and place named shall be opened in public and read in the
presence of the Officer or a member of the Board or an
authorized representative of that Board, authorized by the
Town to make the contract. No bids shall be received after the
time advertised for opening said bids.
Section 6. The Officers of the different Town Departments
shall attempt to obtain at least 3 bids on all labor (except
professional services) or material to be furnished to the Town
where the cost or estimated cost to the Town of said labor or
material to be so furnished exceeds the sum of Three Thousand
Dollars ($3,000) but is less than the sum of Four Thousand
Dollars ($4,000). This section and Section 5 shall not be
applicable to purchase of textbooks by the School Department
pursuant to Chapter 71, Section 48 of the General Laws or to
the purchase of books and related materials for School Library
and Public Library purposes unless the School Committee or the
Board of Library Trustees deem it to be in the best interest or
advantage of the Town.
Section 22. SEPARABILITY. If any section, subsection, Section 7. No bill or contract shall be split or divided for the
sentence, clause, phrase or portion of this By -Law is for any purpose of evading any provision of this Article.
reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a Section 8. No person who is a member of any Board of
separate, distinct and independent provision and such holding elective officers shall hold any remunerative office by virtue of
shall not affect the validity of the remaining portions hereof. an appointment by such Board unless said appointment is
authorized by vote of the Town at an Annual Town Meeting.
ARTICLE XVI
Contracts
Section 1. No Town Officer or member of any Board,
Department, Committee, Commission, Authority or Trusteeship
shall in behalf of the Town, approve, make or join in the making
of any contract, bargain or agreement in, through or by which
he has either directly or indirectly any financial or pecuniary
interest otherwise than in common with the citizens of the
Town in general.
Section 2. No Town -Officer or member of any Board,
Page 10
ARTICLE XVH
Licenses
Section 1. The Board of Selectmen may license suitable
persons, upon such terms and conditions as the Board shall
determine, to be dealers in and keepers of shops for the
purchase, sale or barter of junk, old metals and second -hand
articles, and no person shall be such a dealer or keeper without
such a license.
Section 2. The Board of Selectmen may also license suitable
persons as junk collectors, to collect by purchase or otherwise,
junk, old metals and second -hand articles from place to place
within the Town, and no person shall engage in such business
without such a license.
Section 3. No person shall use any building, enclosure, or
other structure for the storage, sale, or keeping of rags, waste
paper stock, or other inflammable material without a license
therefor from the Board of Selectmen.
Section 4. The Board of Selectmen may license suitable
persons to use vehicles for the transporting for hire of goods,
wares, furniture or rubbish, within the Town of Reading. All
persons engaging in such transportation for hire within the
Town of Reading shall take out such number of licenses as will
equal the greatest number of such vehicles to be used at any
one time by said person during the year for which the license is
issued. Such license shall expire on the thirtieth day of April of
each year, and may be revoked at the pleasure of the
Selectmen.
Section 5. No person shall engage in the business of
transporting for hire, goods, wares, furniture or rubbish as
specified in Section 4 of this Article without first obtaining a
license or licenses therefor as above set forth.
Section 6. Every person licensed under the provisions of this
Article shall cause his name and the number of his license to be
printed or placed in plain legible words and figures in a
conspicuous place on the outside of each vehicle used, in
exercising said license.
Section 7. The following schedule of fees shall be established:
Filing and indexing assignment for the benefit
of creditors $ 5.00
Entering amendment of a record of the birth of
an illegitimate child subsequently legitimized 5.00
Correcting errors in a record of birth 5.00
Furnishing certificate of birth 3.00
Furnishing an abstract copy of a record of birth 2.00
Entering delayed record of birth 5.00
Filing certificate of a person conducting business
under any title other than his real name 10.00
Filing by a person conducting business under any title
other than his real name, of statement of change
of his residence or of his discontinuance,
retirement or withdrawal from, or of a change
of location of such business 5.00
Furnishing certified copy of certificate of person
conducting business under any title other than
his real name or a statement by such person of
his discontinuance, retirement or withdrawal
from such business 3.00
Recording the name and address, the date and
number of the certificate issued to a person
registered for the practice of podiatry in
the Commonwealth 10.00
Correcting errors in a record of death 5.00
Furnishing a certificate of death 3.00
Furnishing an abstract copy of a record of death 2.00
Issuing and recording licenses to keepers of
intelligence offices 25.00
Issuing and recording Pawnbrokers License 100.00
Issuing and recording licenses to keepers of billiard
saloons, pool or sippio rooms or tables, bowling
alleys, etc., 1st table or alley 30.00
add'l. 15.00
Entering notice of intention of marriage and issuing
certificate thereof 10.00
Entering certificate of marriage filed by persons
married out of the Commonwealth 3.00
Issuing certificate of marriage 3.00
Furnishing an abstract copy of a record of marriage 2.00
Correcting errors in a record of marriage 5.00
Recording Power of attorney 5.00
Recording certificate of registration granted to a
person to engage in the practice of optometry,
or issuing a certified copy thereof 10.00
Recording the name of the owner of a certificate or
registration as a physician or osteopath in the
Commonwealth 10.00
Recording order granting locations of poles, piers,
abutments or conduits, alterations or transfers
thereof, and increase in number of wires and
cable or attachments under the provisions of
Sect. 22 of Chapter 166 flat rate 25.00
add'1 fee 5.00
Examining records or papers relating to birth, marriage
or deaths upon the application of any person, the
actual expense thereof 5.00
Copying any manuscript or record pertaining to a birth,
marriage or death 3.00
Receiving and filing of a complete inventory of all
items to be included in a "closing out sale ",
etc. per page 2.00
Filing a copy of written instrument or declaration
of trust by the trustees of an association or trust
or any amendment thereof as provided by
Sect. 2, Chapter 182 10.00
Recording deed of lot or plot in a public burial place
or cemetery 5.00
Recording any other documents per 1st page 5.00
each add'1 page 2.00
Voter's card 2.00
ARTICLE XVIH
Laundromats
Section 1. No person, firm or corporation shall operate a self -
service laundry or Laundromat so- called, at any location in the
Town of Reading unless said laundry or laundromat is licensed
by the Board of Selectmen. Two (2) or more coin- operated
washing machines, two or more coin - operated dryers, or two or
more coin - operated dry - cleaning machines shall constitute a
laundromat or self- service laundry within the meaning of this
By -Law.
Section 2. Any such license shall issue on April 1st (or
thereafter) of each year and shall expire on the next succeeding
March 31st and may be revoked or suspended at any time by the
Board of Selectmen for any violation of this By -Law or any
rules, orders or regulations from time to time adopted by the
Board of Selectmen.
Section 3. All owners and operators of any such laundry or
Laundromat shall comply with all rules, orders and regulations
as may from time to time be adopted by the Board of
Selectmen.
Section 4. The fee for a license shall be Ten Dollars ($10.00).
Section 5. Rules and regulations and orders adopted by the
Board of Selectmen under this By -Law shall become effective
immediately upon registered mail notification to owners and
operators of such laundry or laundromat that such rules, orders
and regulations have been adopted.
Page 11
ARTICLE XIX
Disposal of Surplus Property
Section 1. Whenever an item or collection of items of
tangible personal property not exceeding a market value of. Five
Hundred Dollars ($500.00) within the control of a Town Officer
or a Town Board or Committee, but excluding the Municipal
Light Board, shall be determined by that Officer, Board, or
Committee to be surplus, obsolete, salvage, or beyond repair, it
may be disposed of by sale, trade, or otherwise, upon
recommendation of Town Manager and the approval of the
Finance Committee.
Section 2. This Article shall not apply to the disposition of old
books, magazines, periodicals, recordings and printed materials
in the.custody of the Board of Library Trustees, which may be
disposed of at the discretion of said Board.
ARTICLE XX
Excavations and Wells
Section 1. Any person excavating land, any person in charge
of such excavation, and any owner of land which has been
excavated shall erect barriers or take other suitable measures
to protect the public within two days after being notified by the
Building Inspector or the Board of Selectmen that in his or its
opinion such excavation constitutes a hazard to public safety.
Whoever violates any of the provisions of this Section shall be
punished by a fine of not more than Two Hundred Dollars
($200.00) per day for every day such person is in violation of
such notice, commencing with the fourth day thereof.
- - -- Section 2. The owner or owners of land whereon is located an
abandoned well or a well in use shall either provide a covering
for such well capable of sustaining weight of three hundred
pounds or shall fill such well to the level of the ground.
Whoever violates this section shall pay for each offense a
penalty of not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00).
ARTICLE XXI
Public Conduct
Firearms
Section 1. No person shall fire or discharge any fireworks,
firearms, cannon, or explosives of any kind (1) on or within the
limits of any street, highway, park or other public property,
except with the written permission of the Board of Selectmen,
or (2) on any private property except with the written consent
of the owner or legal occupant thereof and the written
permission of the Board of Selectmen; provided, however, that
this By -Law shall not apply to the lawful defense of life or
property, nor to any law enforcement officer acting in the
discharge of his duties, nor to the use of such weapon at any
military exercises or any established rifle range, nor to the
rights and privileges of an owner or lessee of land as set forth
in Chapter 131 of the General Laws.
Peeping
Section 2. No person, except an officer of the law in the
performance of his duties, shall enter upon the premises of
another or upon public lands with the intention of peering into
the windows or doors of a house or of spying upon in any manner
any person or persons therein.
Burning Leaves
Section 3. No person shall burn or cause to be burned in the
open, fallen leaves within the Town.
Public Buildings
...__.....
Section 4. 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, except as otherwise
authorized by special statute or General Laws.
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 other than in
specifically designated areas. The Town Manager, the
Superintendent of Schools and the Manager of the Municipal
Light Department shall designate areas in which smoking shall
be allowed and shall post an appropriate number of signs
indicating those areas in which smoking is prohibited.
Loitering
Section 5. No person, after being otherwise directed by a
police officer, shall loiter, sit or stand in any street, common
place or public building so as to obstruct or impede the free
passage of any other person.
Consumption of Alcoholic Beverages
Section 6. No person shall consume any alcoholic beverages as
defined in Chapter 138 of the General Laws while on, in or upon
any public way, public parking lot, or upon any vehicle on such
way, lot or place. All alcoholic beverages being used in
violation of this by -law shall be seized and safely held until
final adjudication of the charges against the person or persons
arrested or summoned before the Court, at which time they
shall be returned to the person entitled to lawful possession.
Creating a Hazard
Section 7. No person shall, except as authorized or required
by law, remove, alter the position of, deface, or disturb in any
manner, any barrier, sign, manhole cover or grating placed or
installed for the purpose of eliminating or mitigating a public
safety hazard or potential hazard in or on any street, sidewalk,
or public place within the Town.
ARTICLE XXII
Dog Leash Law
Section 1. Every dog owned or kept in this Town shall at all
times while within the Town be effectively restrained by some
person by means of a leash, except when such dog is on the
premises of the owner or keeper or another person with the
consent of such person, or is within the Town Forest and
Conservation Land and accompanied by and under the effective
control of some person. The owner or keeper of any such dog
that is not so restrained shall be punishable by a warning or fine
as follows: "In the event the Deg Animal Control Officer is
able to ascertain the owner or keeper of such unrestrained dog,
the Deg Officer shall issue a written warning to such owner or
keeper for the first offense within a calendar ear. The Deg
Officer shall levy a fine of twenty dollars (20.00) for the
second offense within a calendar year, thirty dollars ($30.00)
for the third offense within a calendar year, and fifty dollars
($50.00) for each subsequent offense within a calendar year.
In the event the Deg Officer is unable to ascertain
the owner or keeper of any such unrestrained dog or upon one
complaint from each of five households of the Town, delivered
to either the Deg Officer or the Board of Selectmen, alleging
that the provisions of this Section 1 are being violated, the
Board of Selectmen shall, after issuing notice to all interested
parties, hold a public hearing to determine if this Section 1 is
being violated and by whom. If they determine that such
violation exists and they determine the identity or keeper of
such dog, the Board of Selectmen may issue to the owner or
keeper a written warning or may levy a fine of not more than
fifty dollars ($50.00) for the first or any subsequent violation of
this Section 1.
Records of all warnings issued shall be maintained
by the BeaFd of Seleetreea aadjee the Deg Officer, Tke Deg
Off eeF or the BeaFd of SeleetmeaT as the ease may beT who
shall enforce this By -Law by the issuance of a written warning
or by written notice to the person complained against, setting
forth the offense, the amount of any fine, and indication that
said fine be paid to the Deg Officer within ten (10) days from
the issuance date of said notice. In the event a fine is not paid
within ten (10) days then the Deg Officer shall bring a
complaint in the District Court pursuant to Sections 173A and
174 of Chapter 140 of the General Laws, or any act in
replacement thereof or amendment thereto, and
notwithstanding the provisions of said Section 173A the
schedule of fines shall be that set forth in this By -Law.
Section 2. It shall be the duty of the Deg Officer to
apprehend any dog not restrained as required by Section 1 of
this Article, and to confine or cause to be confined said dog as
provided herein. Any unlicensed dog so apprehended shall be
confined and otherwise dealt with by the Deg Officer as
required by law. Any dog so apprehended which is licensed and
owned or kept in this Town shall be confined until the earlier of
its being reclaimed by said owner or keeper as provided herein,
or until the tenth day following the day on which such dog is
apprehended. If such a licensed dog is not reclaimed as
provided herein, within said ten -day period, the Deg Officer
shall take one of the alternative courses of action which
Section 151A of Chapter 140 of the General Laws, or any act in
replacement thereof or amendment thereto, requires to be
taken with respect to unlicensed dogs not licensed, collared or
harnessed and tagged within the ten -day period provided
therein.
Section 3. Promptly following the apprehension and
confinement by the Deg Officer of any such licensed dog, said
officer shall mail to the licensed owner thereof a notice of such
apprehension and confinement, which notice shall include a
statement of the last date on which said dog may be reclaimed
as provided herein. The Deg Officer shall also promptly inform
the Reading Police Department of such apprehension and
confinement and of the description of such dog. Licensed dogs
confined by the Deg Officer pursuant to this Article shall be
confined in a place suitable for the detention and care of dogs
and kept in a sanitary condition; or they may be placed in the
care of the holder of a kennel license or of a charitable
corporation incorporated exclusively for the purpose of
protecting animals from cruelty, neglect or abuse.
Section 4. The owner or keeper of any licensed or unlicensed
dog confined as provided for in this Article may reclaim such
dog upon payment of the costs and charges incurred by the
Town for such apprehension and confinement and care of such
dog, said charges to be $20.00 for the apprehension of such dog,
plus care charges of $10.00 for each full or partial day of
confinement in a pound owned or leased by, or under the control
of the Town or the Deg Officer.
If the dog is confined in a place other than a pound
owned or leased by or under the control of the Town or the Deg
Officer, the care charges to be paid hereunder shall be the
actual charges incurred by the Town or the Deg Officer for
such confinement. No licensed dog confined as provided in the
Article may be reclaimed until the owner or keeper thereof
shall have paid all such costs to the Deg Officer. The Deg
Officer shall pay over to the Town Treasurer all sums so paid to
him, said sums to be applied to the cost of enforcing this
Article.
Section 5. The fees for licensing dogs under M.G.L. Chapter
140, Section 139 shall be the fees set forth in that Chapter as
the same may be from time to time amended plus one dollar.
Said fees are subject to all other conditions as set forth in
M.G.L. Chapter 140, Section 139.
Page 12
committee, commission or other agency of the Town subject to
this By -law.
DEPARTMENT HEAD - The officer, board
chairman or other authority having immediate supervision and
control of a department.
EXEMPT EMPLOYEE - An employee normally not
entitled to receive overtime compensation.
NON - EXEMPT EMPLOYEE - An employee entitled
to receive overtime compensation.
FULL -TIME EMPLOYMENT - Employment for not
less than seven and one -half hours for five days a week for
fifty -two weeks, minus legal holidays, paid vacations and other
authorized leaves of absence.
MANAGER - Town Manager
PART -TIME EMPLOYMENT - Employment for less
than full -time as defined above.
POSITION - An office or post of employment in the
Town's service with duties and responsibilities calling for full -
time or part -time employment of one person in the
performance and exercise thereof.
PERMANENT POSITION - Any position in the
Town service which is intended by the Town to require the
services of an employee without interruption, for an indefinite
period of time, which shall in no event be less than one (1) year,
either on a full or part -time basis.
TEMPORARY POSITION - Any position in the
Town service which is intended by the Town to require the
services of an employee for a fixed term of less than one (1)
year.
TOWN - The Town of Reading.
SECTION 2 - APPLICABILITY
This By -law shall apply to all Town departments,
except the School Department and Municipal Light Department,
and to the positions of all employees in the service of the Town
except those under jurisdiction of said School and Municipal
Light Departments, those filled by popular election and certain
positions the incumbents of which render intermittent or casual
service; unless specifically and otherwise excepted, wholly or in
part, by statute, Charter, collective bargaining agreement or
other by -law or regulation superior to this.
All provisions of this By -law shall apply to all
covered Departments and positions unless excepted as stated
above. Specifically, the Classification and Compensation Plans
included hereunder as Schedules A and B respectively shall
apply only to positions definitely included therein.
If the School Committee or Municipal Light Board
shall vote to have certain of its employees come under the
Provisions of this By -law, they shall be included under its terms.
In order that the best interest of the Town shall be
served, it is urged that the School Committee and the Municipal
Light Department confer, at regular intervals, with the
PeFseRRe% BeaFd Manager at least twice a year and exchange
information on wages, salaries, hours and conditions of
employment of Town and School Department employees, other
than professional employees under the School Committee, to
minimize inequalities which could prove detrimental to the
interests of the Town.
ARTICLE XXIII This By -law recognizes the Town's moral and legal
obligations to establish personnel policies and administer
(Reserved) personnel practices without regard to race, creed, sex, age or
national origin.
ARTICLE XXIV
Personnel
SECTION 1 - DEFINITIONS
BOARD - The PeF6eaa6 Beard Board of Selectmen
DEPARTMENT - Any department, board,
SECTION 3 - PERSOP NFL BOARD
POLICY AND ADMINISTRATION
The Board of Selectmen shall establish policy for
all personnel matters.
To adreiflisteF this By -lawy theFe shaJ4 be a
Page 13
personnel BeaFdT hereinafter ealled the BeaFdT eeRSisting of
five members appointed by the Beard of SeleetmeR, One
member of the F!RaRee EernmAteeT to be eheseR by the
~ Finanee Eernn;AteeT shall aet as liaiseR between the Beard and
EernrnitteeT and shall attend Beard meetings as a ReR- vetiRg
observer, All members shall be eitizens of the Tawny but shall
net be Town O €€leeFST ReF empleyees of the TOWRT ReF members
of any standing beaFdT eommissien OF eemmittee Of the TeWRT
exec t' that any OF all may be Town Meeting MembeFS, All
members shah serve Without eempensatieR,
EA) Appointments to The Beard
The teFm of appointment for all members shall be
€eF three yeaFS, TO preserve eoAtinuity among the membeFshlrN
the beginning and ending of teFmS shall be staggeredT insofar as
is praetical, ever a three year peFied,
U any LrnbeF Of the Beard shall resign OF
etheFwise vaeate his of iee before the exp fatleR of his teFmT a
sueeesser shall be appointed as provided abeveT to serve for the
balance of the unexpired teFm, Eaeh membeF Of the Beard shall
serve until his sueeesser has been appointed, All members may
be Fe- appointed to sueeessive three year terms.
>;B) OFgaRizatieR of The Beard
The Beard shall meet and Organize as SOGR as
possible a €teF .ally lst of eaeh yeaF, At said meeting A shall
eleet'its OWR Eha4rnaR and any ether offieeFs it may deem
Reeessary to eeRduet its business,
lR the event a vaeaRey oeeurs in the O €€iee of
Chairman OF any ether offieeT the Beard shall eleet a sueeesseF
€Fem its membership.
I (E) voting
A majority of the tetal membership of the Beard
Shag eesstitute a querum €eF the tFaRsaetieR of business and
the vete of a majeFity of the members attending and voting
shall be Reeessary for any offkial aet of the Beard,
ED) Empley4n`g AssistaRee and Other ExpeRSes
Tke Beard may empley as%staRee and ineuF
expeRses as A deems ReeessaryT suet to apprepFiatien by the
Town of funds therefore,
(E) Werkspaee
The SeleetmeR shall €uFRlSh the Beard With sueh
meeting Feem it may FegdiFe €eF the peF €eFinaRee of its duties
and adequate spaee and €aeilities €er the storage of its
property,
(F) AutheFity e€ the Beard
The Board shall have all the powers and duties
specified in Section 108c of Chapter 41 of The General Laws.
The Beard Manager is , authorized to
administer the provisions of this By -la except for such duties
as may be specifically assigned by statute or other by -law to
other town officers, boards, commissions or committees.
The Beard Manager may, as A he deems necessary,
issue, amend or revoke administrative orders to insure
compliance with the provisions of this By -law, votes of the
Town and such State and Federal statutes and administrative
and executive orders pertaining to personnel administration as
the Beard Manager may be responsible for administering and /or
enforcing. Appeals from decisions of the Beard Manager may
be taken to the Board of SeleetmeR and /or the Town at the next
Annual or Special Town Meeting.
- Except as otherwise provided.by law, the Beard
Manager shall have access to all facts, figures, records and
other information relative to the personnel of Town
Departments subject to the provisions of the By -law, and the
same shall be promptly furnished by such department whenever
so requested by the Personnel BeardT Manager and in such form
as the Beard Manager may require.
(G) Meetings
The Personnel Beard shall meet regularly (onee
eaeh month in at least teR 40) menths of every year €eF the
tFansaetien of businessT and it shall held sueh speelal meetings
as may be ealled by the EhaiFrRaRT OF direeted by.vete of the
Beard,
The Beard shall keep a reeeFd of As effieial
preeeedings which shall be available OR reasonable Retlee for
publie inspeetieR.
SECTION 4 - CLASSIFICATION AND COMPENSATION PLANS
(A) Classification Plan
The PeFSeRR4 Board shall establish an official
Classification Plan which is hereby designated Schedule A and
made a part hereof, classifying by Occupational Class and
specific Job Title and assigning to Pay Grades certain exempt
and non - exempt positions in the service of the Town, other than
those which are specifically exempted according to Section 2
(Applicability) above. Such Plan shall constitute the
Classification Plan of the Town within the meaning of Section
108A of Chapter 41 of the General Laws.
The Job Title of each position as established by the
Classification Plan shall be the official title of such position
and of the incumbent of such position and shall be used to the
exclusion of all others for all purposes relating to the position,
including but not limited to payrolls and official records.
Before any individual may be hired, transferred or
promoted into any newly established position, the Personnel
Board shall approve the classification by Job Title and Pay
Grade. Requesting departments shall seek such classification
approval in advance of any request for funds.
The Personnel Board may from time to time, as it
deems appropriate, investigate and review the work of any
position subject to the provisions of this By -law and reclassify
such position as required.
The Board shall maintain and may require of
department headsT the Manager written job definitions for
positions classified under the Classification Plan, including
statements describing the kind of work, the distinguishing
feature of the work and such illustrative examples of duties as
may be deemed appropriate. The Board may from time to time
cause such written definitions to be amended. Job definitions
for any job shall be interpreted as descriptive only and not
restrictive. That is, they shall be construed solely as a means
of classifying said job and not as prescribing what the duties or
responsibilities of any job shall be, nor as modifying or in any
way affecting the power of any administrative authority to
assign duties to or direct and control the work of any employee
under the jurisdiction of such authority.
Whenever a new position is established or when the
duties of an existing position are so changed as, in effect, to
create a new position, the Board may amend a job classification
or add a new classification tentatively to the Classification
Plan, subject to the subsequent ratification of its action by
formal amendment of the Plan by vote at the next Special or
Annual Town Meeting.
(B) Compensation Plan
The Personnel Board shall establish a
Page 14
Compensation Plan which is hereby designated Schedule B and
made a part hereof, establishing qualification point ranges and
minimum and maximum compensation rates for each Pay
Grade. Such Plan shall provide for rate progression from
minimum to maximum through the rate ranges. In no case shall
the maximum rate be exceeded. The Compensation range
established for any Pay Grade shall be the range for all
positions assigned by Job Title to that Pay Grade.
The rates set forth in Schedule B shall constitute
the Compensation Plan of the Town within the meaning of
Section 108A of Chapter 41 of the General Laws.
ADMINISTRATION OF COMPENSATION PLAN
1. Policy Statement
It is the policy of the Town of Reading to pay its
employees fairly and equitably. Such rates of pay shall reflect
both experience and performance levels of individuals within
the various salary grades.
2. Responsibility
Appl-ieable rnaaageFs of tewa departments are The
Manager is responsible for the implementation of this policy
and for adhering to the guidelines set forth.
The PeFSeAael Board is responsible for monitoring
this policy. No exceptions to this policy will be allowed without
prior approval of the PeFSeRael Board.
3. Starting Pay Rates
A: Individuals must be paid no less than the
minimum pay rate of the applicable labor grade.
B: A maaageF The Manager may approve a
starting salary up to the quarterpoint of the applicable salary
range. Consideration of a starting salary above the minimum
must be based on skill and experience.
C: Starting pay rates which exceed Para. 3 -B
above must have prior approval of the PeF6eRRet Board.
4. Mandatory Reviews - Non - Exempt Employees.
A: All new, promoted, or transferred employees
will be reviewed for performance purposes no more than six
months after assuming their assignment.
B: All new, non - exempt employees must be
reviewed for compensation purposes no later than six months
after date of hire.' If an employee is retained, based on his /her
performance review (Para. 4 -A), such 'employee must be
granted a salary increase of no less than 5 %.
C: All salary increases in excess of 5% which
are proper under this section are subject to prior approval of
the PeFSGRnei Board. All such increases shall be effective on
the date of the review. There will be no retroactive increases,
except under unusual circumstances which must be approved by
the PeFSenwelBoard.
5. Mandatory Review - Exempt
A: All new, promoted, or transferred employees
will be reviewed for performance purposes no more than twelve
months after assuming their assignment.
B: All new, exempt employees must be reviewed
for compensation purposes no sooner than ten months and no
later than twelve months after date of hire. If an employee is
retained, based on his performance review (Para. 5 -A), such
employee must be granted a salary increase of no less than 5 %.
C: All salary increases in excess of 5% which
are proper under this section are subject to prior approval of
the PeFSeaael• Board. All such increases shall be effective on
the date of the review. There will be no retroactive increases,
except under unusual circumstances which must be approved by
the PeFseaael Board.
6. Part -Time and Temporary Employees
A: Part -time employees shall receive pro -rated
compensation at the hourly rate applicable to the job on a full -
time basis.
7. Compensation Limits (to follow 6.E.)
The rates shown in Schedule B shall constitute the
total remuneration for any position, including pay in any form,
unless specific exception is noted. They shall not include actual
and authorized expenses necessarily incident to the
employment. No employee shall work nor receive compensation
in any form from more than one department at one and the
same time, for full or part -time work. All employing
authorities are charged with these responsibilities.
B: Temporary employees shall be paid at a rate
established by the depaFtrtgeAt bead Manager after approval by
the PeFSeanel• Board.
C: Individuals temporarily serving the Town who
are funded by state or federal programs shall be compensated
at rates set by such programs or, if no such rate is set, at a rate
Feeernmeaded established by the .PeF6eRRel Board which is
nearest to the appropriate Job Title and Pay Grade in which the
employee is to perform.
D: Temporary employees whose pay may be
funded in part by state or federal programs, subject to approval
by Town Meeting, may be supplemented in an amount
Feeernmeaded established by the PeFSeaael- Board, which is
necessary to properly relate them to the appropriate Job Title
and Pay Grade in which they are to perform.
E: Cooperative or placement training college
students serving the Town shall be compensated at rates
Feeernmeaded established by the PeFsenael, Board.
7. (see above)
8. Overtime Compensation
GVERT4ME CGMPENSAT40N
Salaried employees are exempt from payment for
overtime.
Overtime at the rate of time and a half shall be
paid to non - exempt employees for the number of hours worked
in excess of forty or thirty -seven and one half hours whichever
is the regular work week of an employee.
By mutual agreement between a department head
and an employee, compensatory time in lieu of cash may with
the approval of the Manager be substituted on an hour for hour
basis.
SECTION 5 - EMPLOYMENT, TRANSFER AND PROMOTION
(A) Employment
All applicants for employment with the Town
departments covered by this law, will fill out and sign an
Application for Employment form. Exceptions will be made
only for emergency, temporary employment of not over ten (10)
days duration. This form will contain pertinent information
relative to the employee and his employment record for the last
three places of employment.
If the Department Head considers the application
as satisfactory for employment, he will make an appointment
for a physical examination at the Town's expense, in accordance
with Article XXV of the By -Laws of the Town.
If upon successful completion of the examination, a
Department Head reaches a decision to hire an applicant, he
will initiate a Personnel Action Form and forward same to the
PeFSeAael•BeaFd Manager.
If the position being filled is an existing one the
Department Head will indicate the Job Title, Pay Grade and
Page 15'
starting rate . of pa as arrived at according to the
_ Compensation Plan. Such action if it does not exceed the
provisions of sub- section 3 -B under Administration of
Compensation Plan, requires concurrence only by the PerseaRel
BeaM Manager.:. If the position being filled is a new one
requiring classification or if the starting rate exceeds the
starting salary provision stated in sub section 3 -B under
Administration of Compensation Plan the Department Head will
follow the same procedure, • but such action shall require prior
approval by the PeFSeRRe1 Board..
(B) Transfers and Promotions
(1) The Town encourages a policy of promoting
from within. The decision as to selection for transfer rests
with the department where the vacancy occurs subject to
approval of the PeF6eRRel BeaFd Manager. When 'a vacancy is
filled by' transfer, consideration shall be given to employees
according to performance and length of service.
(2) When an employee is permanently. promoted
to a higher job classification, he will receive no less than the
minimum of the rate range for the new job and no less than his
present rate of pay.
(3) When an employee is transferred to a lower
job classification, he will receive the maximum of the job
classification to which he is transferred or his existing rate,
whichever is. lower.
A person filling a higher job classification
temporarily. while the incumbent is absent on vacation or sick
leave will not be paid at the higher rate. Pay for longer term
- temporary transfers-or promotions will be considered on an
individual basis upon recommendation of the Department Head
to the PeFSeRRef SeaFd Manager.
SECTION 6 - SERVICE CREDIT
Service to the Town shall be determined as the
service accrued by a permanent employee, commencing from
the date of employment, which is uninterrupted except by
military service or other authorized- leave of absence.
Termination for any reason shall constitute a break in service.
If.a former employee of the. Town returns to the service of the
Town and completes at least five years of continuous full -time
service following such return, the amount of continuous full -
time service immediately preceding the interruption of his work
for the Town shall be added to the five years of current full-
time service to compute a new Service Credit date.
SECTION 7 - BENEFITS AND WORKING CONDITIONS
The following benefits apply to all permanent
employees of the Town subject to this by -law whose regular
work week is twenty (20) hours or more. Any monetary
payment to part -time employees resulting from application of
any of these benefits shall be made on a pro -rata basis, based
on the average hours worked for the four pay periods
immediately preceding the period in which such payment falls.
(A) Sick Leave
All permanent full or part -time employees who
have completed thirty (30) continuous weeks of employment
shall be eligible for payment from accrued sick leave for days
absent due to illness or injury.
Sick leave shall be accrued on the basis of 1% days
per month of service, beginning on the first day of the month of
employment. Unused sick leave shall be accumulated from year
to year without limitation.
When absence by reason of sickness or injury is for
a period of five consecutive days or more, the Department
Head shall require the employee to submit a letter from a
regularly physician giving the diagnosis and prognosis before the
employee shall be entitled to leave with pay. The Town
reserves the right to send a physician at its expense to examine
the employee.
If an employee's accumulated leave with pay is
about to be exhausted and he has no remaining vacation, holiday
or other leave days, he eF she may make application for up to
an additional thirty days of leave with pay. The Department
Head shall require the employee to submit a letter from a
regularly licensed practicing physician giving the diagnosis,
prognosis and expected date of return to work. Determination
of eligibility for pay will be made upon the recommendation of
the Department Head to the PeFSeRRe1 BeaFd Manager whkk
who is authorized to grant such allowance as 14 he may
determine is equitable after reviewing recommendations of the
Department Head and all other circumstances, including the
employee's attendance and performance record, supporting his
request for the additional allowance.
When absence is compensable under Workmen's
Compensation Law, an employee shall be paid the difference
between Workmen's Compensation benefits and his regular base
salary until part, or all of his accumulated sick leave credits
have been used up. One -half day shall be charged against
accumulated sick leave for each day of absence under these
conditions.
Employees whose services are terminated for any
reason shall not be entitled to compensation in lieu of sick
leave not taken except that
*(A complete and accurate record shall be
maintained, by the Department Heady Manager of each
employee, setting forth the dates used from his sick leave and
the number of his sick leave days remaining. Such record shall
be available . for inspection by the individual employee upon
reasonable request.)
Effeetive guly lstT 19897 upon termination, (except
termination by the Town for just cause) after 7 years or more
of employment, at retirement or death, an employee shall be
paid for unused sick leave not exceeding 100 (one hundred) days
at 50% (fifty per cent) of his daily rate of pay in effect at the
time of termination. Before re- employment in any department
of the Town, employee shall be required to repay to the Town,
an amount equal to that received from the Town at the time of
his termination. Excluded from the right of this benefit at
retirement or death are the following Department Heads and
Chief Exeeutive OffieeFS Division Heads:
Exeedtive SesFetaFy Library Director
Conservation Admin. Assessors' Appraiser
Police Chief Health Agent Director
Fire Chief Building Inspector
Director Supt, of Public Works Town Accountant
Sdpt. of Cemetery Director Dept, Town Clerk
Town Treasurer - Collector Veterans Agent
*insert ( ) above
(B) Funeral Leave
In case of death in the immediate family, a
permanent full or part -time employee may be granted leave of
absence with pay for the workdays following within the period
between the time of death and the day of the funeral. Such
paid leave shall not normally exceed three (3) days.
Immediate family is defined as spouse, parent, son,
daughter, brother, sister.
One (1) day leave with pay shall be granted to any
regular employee upon the death of other members of the
family as follows: aunt, uncle, grandparent, grandchild, sister -
in -law, brother -in -law, parent -in -law, son -in -law and daughter -
in -law.
Page 16
Any exception to the above may be made only upon
formal recommendation of the Department Head and approval
of the PeFseaaet geaFd Manager.
(C) Military Leave
Employees who serve in the Armed Forces of the
Commonwealth, or as members of a reserve component of the
Armed Forces of the United States, under orders, will be
allowed the difference between the base pay they may receive
for such service and their regular rate of compensation from
the Town, for a period of not more than seventeen (17) calendar
days of military leave attributable to their annual tour of
military duty.
Employees shall be entitled, during times of
service in the Armed Forces of the Commonwealth or during
tours of duty as members of a reserve component of the Armed
Forces of the United States, to be released from work, without
compensation, in order to attend assigned weekly and week -end
drills which require absence from normally scheduled work
tours. Such releases from work shall not affect leaves of
absence or vacations with pay, and employees shall receive the
same leave of absence or vacation with pay given to other like
employees or officials.
(D) Jury Service
A full -time employee shall be allowed leave to
fulfill jury duty. If the jury fees, exclusive of travel
allowances, received by said employee for such jury duty shall
be less than the regular pay received by him from the Town, the
difference between said fees and regular pay shall be paid to
such employee by the Town. However, as a condition to
receiving such payment, the employee agrees that if during
such jury duty he is discharged for the day or major portion
thereof during regular work hours, he will report to his
supervisor for such work as may be assigned. An employee
performing such jury duty and who desires the benefit of this
article shall be required to present weekly to his department
head a certificate by the court or any duly authorized
representative as to the time spent by the employee in such
jury duty during such week.
(E) Maternity Leave
A permanent employee is entitled to at least eight
weeks maternity leave provided she has been employed for at
least three consecutive months and provided she gives two
weeks notice of her expected departure date and notice that
she intends to return to her job.
She is entitled to return to the same or a similar
position without loss of benefits for which she was eligible on
the date her leave commenced, provided she terminates her
maternity leave within eight weeks after the date of
confinement. Accrued sick leave benefits shall be provided for
maternity leave purposes under the same terms and conditions
which apply to other temporary medical disabilities.
(F) Leave of Absence
Unpaid leave of absence for personal reasons may
be granted by the Department Head for periods not to exceed
two weeks. Requests for longer unpaid leaves of absence
require prior approval of the PeFSeaael BeaFd Manager.
Except for the specific provisions of these
regulations, all leaves of absence shall be without
compensation.
(G) Holidays
All permanent Town employees shall be entitled to
the following holidays with pay when they fall within the
regular work week: New Year's Day, Martin Luther King Day,
Washington's Birthday, Patriot's Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, Christmas Day.
If a holiday should fall on a Saturday, it will be
celebrated on the preceding Friday and if a holiday should fall
on a Sunday, it will be celebrated on the following Monday.
In order to qualify for holiday credit, an eligible —
employee shall have worked on the last regularly scheduled
work day prior to, and the next regularly scheduled day
following such holiday, unless absence is authorized by his
Department (dead the Manager.
In the event an employee is required to work on
any of these holidays he shall be compensated for the number of
hours worked, at his regular hourly wage, in addition to his
regular pay.
(H) Vacations
Two weeks vacation with pay shall be granted to
all permanent employees who have actually worked thirty (30)
weeks during the twelve months preceding June 1st. Vacations
shall be granted as computed in the following table. No
vacation shall be granted until the completion of thirty (30)
weeks of employment.
Length of Service Amount of Vacation
Less than I year 5/6 day per month
1 year but less than 5 2 weeks
5 years but less than 10 3 weeks
10 years or more 4 weeks
Vacations are scheduled under the direction of the
Department Head at the convenience of the Department.
With the approval of the DepaFtraeat Head
Manager an employee may carry over up to one week vacation
from any one calendar year to the next, provided the carried -
over vacation is used prior to June 30th.
If a holiday falls within the vacation period, one
day will be added to the vacation.
Whenever the employment of a person is
terminated during the year by dismissal through no fault or
delinquency on his part, or by resignation, retirement or death,
he or his estate shall be paid at the regular rate of
compensation payable to him at the termination of his
employment, an amount in lieu of his or her unused vacation
leave.
(I) Longevity
Rffeettve JandaFy f•T 1976T a4 All permanent
employees shall, in addition to other compensation, be entitled
to a payment for continuous length of service to the Town as
follows:
200 annually upon completion of five years of service.
300 annually upon completion of ten years of service.
400 annually upon completion of fifteen years of service:
$500 annually upon completion of twenty years of service.
$600 annually upon completion of twenty -five years of service.
Such aAmounts shall be payable annually on the
first pay day of December or upon termination of service to the
Town.
(J) Personal Leave
Any employee in full -time employment shall be
eligible for personal leave of one (1) paid day per year for the
purpose of attending,to important personal affairs that cannot
be accomplished on any other day, such as required court
appearance, attending a marriage or other religious ceremony
of a close relative, or being party to a real estate transaction.
The taking of such leave shall be subject to authorization by the
employee's Department Head.
Unused Personal Leave shall accumulate at the
rate of one (1) day per fiscal year to a maximum of two (2)
days.
Page 17
SECTION 8 - COMPLAINTS PROCEDURE
All differences, disputes and complaints that may
arise between Town employees and their respective
departments shall be taken up at reasonable times during
working hours and handled in the following steps:
Step 1 - The aggrieved employee will take his
complaint to his or her immediate supervisor for resolution
within 30 days following the incident which gave rise to the
complaint. If the matter is not resolved to the satisfaction of
the employee within two working days, the employee may
proceed to step 2.
Step 2 - The employee shall meet with his eF her,
immediate supervisor and the appropriate department head to
resolve the complaint. If the complaint is not resolved to the
satisfaction of the employee within five working days, the
employee may proceed to step 3.
Step 3 - The employee shall notify the PersORRel
Beard, Manager in writing, of his eF her complaint. The
PeFSeRRet Beard Manager shall act as mediator between the
parties involved. If the complaint is not resolved to the
satisfaction of the employee within twenty working days, the
PeFSeRRel Beard Manager will proceed to step 4.
Step 4 - The PerseRRel Beard Manager shall submit
a report of its his findings, together with its his
recommendations for the resolution of the dispute, to the Board
of Selectmen. The decision of the Board of Selectmen shall be
binding on all parties concerned in the complaint.
SECTION 9 - APPEALS
If any request for personnel action by an elected
_ board is denied by the PeFSeaRel BeaFdT Board the
AgeReyT DepartrneRt eF BFaReh of the TowFi elected board
involved may appeal to the Town for a final decision at the next
Town Meeting in a special Article in the Town Warrant.
SECTION 10 CIVIL SERVICE
Nothing in this By -law shall be construed to
conflict with Chapter 31 of the General Laws.
SECTION 11 - EFFECT OF INVALIDITY
The invalidity of any section or provision of this
By -law shall not invalidate any other section or provision
thereof.
SECTION 12 - AMENDMENT TO THE PERSONNEL BY -LAW
The Personnel By -law may be amended in the same
manner in which the Town by -laws may be amended; provided,
however, that no amendment to the By -law shall be made until
it has been presented by signed petition addressed to and
submitted to the PeFSeRRel Board. Upon receipt of such a
written petition, the Board, after giving the petitioners, the
Manager, the heads of the departments and employees affected
at least three (3) days written notice, shall hold a hearing of the
parties interested to consider the proposed amendment. If the
PeFSeRRel Board shall fail to act on an issue so presented within
fifteen (15) days after the hearing thereon, the PersoRRet Board
shall be deemed to have disapproved the petition. The petition
may then be presented to the Town Meeting for consideration
and action, if so desired. The PeFSeRRel Board may of its own
motion after a similar hearing of or conference with the parties
interested propose an amendment to the By -law.
ARTICLE XXV
Physical Qualifications for Town Employees
Section 1. Subject to any other provisions or requirements of
federal or state law, executive orders or regulations, every
officer, board or department of the Town, having authority to
employ, may establish the essential functions for all
employment positions and may establish job- related
employment tests or other selection criteria for the positions in
question; provided that the job- related employment tests or
other selection criteria do not screen out or tend to screen out
handicapped persons or any class of handicapped persons, unless
alternative job - related tests or criteria that do not screen out
or tend to screen out as many handicapped persons are not
available. Srieh establishmeRt of essential €URetieRS and
ernl4ayrrieRt tests eF ether, seleetieR eFAer4a shaft be sw*et to
the approval e€ the Beard of SeleetmeR,
Section 2. Every person hereafter offered employment by the
Town, including prospective employees of the Municipal Light
Department, but excluding (i) elected officials, (ii) prospective
employees who have passed a medical examination by the Civil
Service Commission, and (iii) occasional or substitute
employees after conditionally being offered employment
subject to the results of a medical examination shall undergo a
medical examination conducted prior to the employee's
entrance on duty to determine if said employee can perform the
essential functions of the job and to determine if said employee
is a qualified handicapped person; and, if said employee is a
qualified handicapped person, whether said employee requires a
reasonable accommodation to perform the essential functions
of the job in question and the nature and extent of the
accommodation if one is required.
Section 3. The cost of all examinations under this by -law shall
be paid in full by the Town department which has made the
conditional offer of employment.
Section 4. The regularly appointed school physician is
approved for examination of School Department employees. The
Manager shall designate the physician for other employees.
Section 5. The information obtained in accordance with this
by -law as to the medical condition or history of an employee or
conditional employee shall be collected and maintained on
separate forms that shall be accorded confidentiality as
medical records, except that: (i) supervisors and managers may
be informed regarding restrictions on the work or duties of
handicapped persons and regarding necessary accommodations;
(ii) first aid and safety personnel may be informed, where
appropriate, if the condition might require emergency
treatment; and (iii) government officials investigating
compliance with the provisions of applicable federal laws shall
be provided relevant information upon request.
Section 6. The provisions of this by -law shall apply to all
employees of the Town who seek a change of employment with
the Town.
Section 7. In the event any employee or conditional employee
is aggrieved by any action taken pursuant to this by -law, an
appeal may be made in writing to the Board of Selectmen, or, in
the case of an employee or conditional employee of the School
Department, to the Chairman of the School Committee, within
ten days of the action complained of; and, after notice to all
parties affected and the opportunity for a hearing which will
afford all necessary due process rights to the parties in
question, the Board of Selectmen or, where applicable, the
Chairman of the School Committee together with one
additional member of the School Committee and the
Superintendent of Schools, shall determine whether the by -law
was violated or the action taken was otherwise improper and
provide prompt and equitable resolution of the complaint. In
the event of such an appeal, the aggrieved party shall
authorize, where applicable, that the information obtained as to
medical condition or history shall be disclosed to the Board of
Selectmen or representatives of the School Department hearing
the appeal.
Page 18
Section 8. For the purposes of this by -law the following
definitions shall apply:
"Handicapped person" - any person who (i) has a
physical or mental impairment which substantially limits one or
more major life activities, (ii) has a record of such impairment,
or (iii) is regarded as having such an impairment.
"Qualified Handicapped person" - a handicapped
person, who, with reasonable accommodation, can perform the
essential functions of the job in question.
"Reasonable accommodation" - accommodation to
the known physical or mental limitations of an otherwise
qualified handicapped person unless it can be demonstrated that
the accommodation would impose an undue hardship on the
operation of the employing Town office, board or department.
Section 9. Nothing contained herein shall be construed as
authorizing or requiring the employment of an individual who
cannot even with reasonable accommodation perform the
essential functions of the job in question or who is not
otherwise qualified for the job in question.
ARTICLE XXVI
Building Code Published as a Separate Volume
ARTICLE XXVII
Enforcement of By -Laws
Section 1. Any person violating any of the provisions of these
By -Laws shall be punished by a fine of not more than Three
Hundred Dollars for each offense, unless a specific penalty is
provided elsewhere in ' said By -Laws and in that event the
specific penalty shall apply.
ARTICLE XXVIII
Repeal
Section 1. These By -Laws and the repeal of all By -Laws
heretofore in force, shall not affect any act done, any right
accrued, any penalty or liabiity incurred or any suit,
prosecution, or proceeding pending at the time they take
effect. The provisions of the foregoing By -Laws, so far as they
are the same as provisions of By -Laws hetherto in force, shall
be construed as a continuation thereof and not as new
enactments.
ARTICLE XXIX
Amendment
Section 1. These By -Laws may be amended at any annual or
special Town Meeting by a majority vote of the Town Meeting
Members present and voting at said meeting, provided that an
article or articles for that purpose have been inserted in the
warrant for said meeting.
ARTICLE XXX (Reserved for Future Use)
Appointments
SeetieR i. The TewR Clerk shall reeeFd the Rame of eaeh
person who expFesses an inteFest in WFAiRg to the TewR Clerk
in being appointed to a beaFdy eemmissleR OF eemmAtee and
shall Fetain sueh FeeeFd far a peFled of at least ORe year. The
Town Clerk shall submit sueh names to the applieable
appointing autheFAy wkeReveF a vaeaRey shall eeeuF.
SeetieR 2. A minimum of twe weeks PF49F to making an
appeintmeRty the appointing autheFAy shall publieize in an
apprepriate plaee their iiteRt to appoint and shall Fequest
applieatieRs from interested peFseRs.
SeetieR 3. All appeiatmeRts and FeappeiRtmeRts to a beard,
eammissieR OF eemmittee shall be made at an open meeting of
the appointing autherity. ApplieaRts for appeintmeRt shall be -
interviewed at this eF a previews open meeting. Applieaats for
reappointment must submit theiF intentions in writing to the
appointing autherity. Prior to making appeiRtmemsy the
appointing authority shall eeRsuA with the ehaiFrnaR of the
beard, eemmissieR OF eommittee to whieh the appeintmeRt is to
be made.
ARTICLE XXXI
By -Law Committee
Seetien 1. There shall be a By -,raw Cemmittee eeRSist -Rg of
€tve Town Meeting Members whieh shall be a Standing
Committee of Town Meeting. An Appointment Committee
esRSisting of the Moderator and the Chairman of eaeh PFeeiRety
ekaiFed by the Mederatery shall apeint all members for a term
of three years, the terms of said members to expire on the €4st
day of 3uly. The members of the By -,raw Committee shall be
appointed iRirtlally as €ellewst two members for- three year
termsT twe members €or, two year terms, and one membeF for a
one year term. ARRually thereafter one OF two members of said
Committee shall be appointed for the term of three years as
the term of effiee of one OF two members expifesT the terms of
said members to expire OR the third anniversary of appeintmeRt
OF eeRrUFFeRtly with the teFmiRation of serviee as a Town
Meeting member. Any vaeaRey of the Committee shall be
filled by the Appointment Committee.
Section 2. If any member of the By -Law Committee shall be
absent for three or more successive meetings, the other
members of said Committee may, by affirmative vote of its
majority, request the Appointment Committee Appointing
Authority to remove such absenting member from his
membership and the Appe-IRtmeRt Committee Appointingg
Authority may thereafter so remove such member and shag
notify him by mail of such removal.
Section 31. It shall be the duty of the By -Law Committee to
report to Town Meeting on all proposed changes to the By -Laws
which are included on the Warrant for Town Meeting exeept the
zoning by-lawsT building eedes by -laws and personnel
elass4katieR and eempeRSatieR plan by -laws. Such report shall
be prepared in writing and included in the Finance Committee
report as specified in Section 7 2 of Article III of these By-
Laws. The By -Law Committee may request proposals for by-
law amendments from Town boards, commissions, committees,
officers and citizens. The By -Law Committee may submit
articles to amend the By -Laws on the Warrant for Town
Meeting action.
ARTICLE XXXII
Wetlands Protection
1. The purpose of this by-law is to protect the
floodplains and wetlands of the Town of Reading by controlling
activities deemed to have a significant effect upon wetland
values, including but not limited to the following: public or
private water supply, groundwater, flood control, erosion
control, storm damage prevention, water pollution, and wildlife.
2. Any person desiring to know whether or not a
proposed activity or an area is subject to this by -law may
request a determination from the Conservation Commission in
writing. The Conservation Commission shall issue its
determination, in writing, within twenty -one (21) days from the
receipt of such request.
3. No person shall remove, fill, dredge, or alter
any bank, fresh water wetland, flat, marsh, meadow, bog,
swamp, or lands bordering any creek, river, stream, pond, or
lake, or any land under said waters or any land subject to
flooding, other than in the course of maintaining, repairing or
replacing, but not substantially changing or enlarging an
existing and lawfully located structure or facility used in the
service of the public and used to provide electric, gas, water,
sanitary sewer, storm drainage, public roadway, telephone,
Page 19
telegraph, and other telecommunication services, without filing
written Notice of his intention to so remove, fill, dredge, or
alter and without receiving and complying with an Order of
Conditions and provided all appeal periods have elapsed. Such
Notice shall be sent by certified mail to the Reading
Conservation Commission, including such plans as may be
necessary to describe such proposed activity and its effect on
the environment.
4. The same Notice of Intent, plans and
specifications required to be filed by an applicant under
Massachusetts General Laws, Chapter 131, section 40 will be
accepted as fulfilling the requirements of this by -law, except a
project review charge shall be imposed according to the
following schedule:
a) Wetlands By -Law Hearing - $25.00 (i.e.
dwelling, tennis court, swimming pool, bridge, etc.)
b) Multiple dwelling units - $25.00 per dwelling
unit
c) Commercial and industrial projects - $25.00
plus $5.00 per $10,000.00 of established general construction
cost over $100,000.00
d) Town projects are exempt from review
charges
The said Conservation Commission shall hear
any oral presentation under this by -law at the same public
hearing required to be held under the provisions of said Chapter
131, section 40 of the Massachusetts General Laws.
Definitions, time frames, and procedures, insofar as applicable,
set forth in said- Chapter and section and in the Regulations
promulgated by the Department of Environmental Quality
Engineering on July 28, 1978 are hereby made a part of this by-
law.
5. The term "person ", as used in this by -law,
shall include any individual, group of individuals, association,
partnership, corporation, company, business organization, trust,
estate, the Commonwealth whenever subject to town by -law, or
any political subdivision of the Commonwealth whenever
subject to town by -law, administrative agency, public or quasi -
public corporation or body, or any other legal entity or its legal
representative, agents, or assigns.
6. The Conservation Commission, its agent,
officers and employees, may enter upon the land upon which the
proposed work is to be done in response to a request for a prior
determination or for the purpose of carrying out its duties
under this by -law and may make or cause to be made such
examination or survey as deemed necessary.
7. The Conservation Commission is empowered
to deny permission for any removal, dredging, filling, or
altering of subject lands within the Town if, in its judgement,
such denial is necessary for the protection of public or private
water supply, groundwater, flood control, storm damage
prevention, or the prevention of pollution. Due consideration
shall be given to possible effects of the proposal on all values to
be protected under this by -law.
8. The Conservation Commission may, as an
alternative to a denial, impose such conditions as it deems
necessary to contribute to the protection and preservation of
^ the subject lands in accordance with the purposes of this by-
I law.
The Conservation Commission may require
the posting of a bond with surety, running to the municipality,
and sufficient as to form and surety in the opinion of the
Commission's Counsel, to secure faithful and satisfactory
performance of work required by any Order of Conditions, in
such sum and upon such conditions as the Conservation
Commission may require. Other evidence of financial
responsibility which is satisfactory to the Conservation
Commission may be accepted in lieu of bonding.
Notwithstanding the above, the amount of such bond shall not
exceed the estimated cost of the work required or the
restoration of affected lands and properties if the work is not
performed as required, whichever is greater. Forfeiture of any
such bond or other security shall be recoverable at the suit of
the municipality in Superior Court.
Such bond or other security shall be released upon
issuance of a Certificate of Compliance.
9. The Notice required by the third paragraph of
this by -law shall not apply to emergency projects necessary for
the protection of the health and safety of the citizens of
Reading and to be performed or ordered to be performed by an
administrative agency of the Commonwealth or by the Town.
Emergency projects shall mean any projects certified to be an
emergency by the Commissioner of the Department of
Environmental Quality Engineering and the Conservation
Commission if this by -law and Massachusetts General Laws
Chapter 131, section 40, as amended, are both applicable, or by
the Conservation Commission if only this by -law is applicable.
In no case shall any removal, filling, dredging or altering
authorized by such certification extend beyond the time
necessary to abate the emergency.
The provisions of this by -law shall not apply to any
mosquito control work done under the provisions of clause (36)
of section five of chapter 40, or chapter two hundred and fifty -
two.
The provisions of this by -law shall not apply to
work performed for normal maintenance or improvement of
lands in agricultural use as of the effective date of this by -law.
10. In the event of the issuance of an Order of
Conditions denying modification to a pre- existing residential
structure, the applicant may, prior to appeal to a court of
competent jurisdiction, appeal to the Reading Board of Appeals
in writing within ten days after the receipt of the Conservation
Commission's Order of Conditions.
Within forty days of receipt of the appeal, the
Board of Appeals will request and review the record of the
proceedings of the Conservation Commission and render a
decision as to whether the Order of Conditions should be
modified by the Conservation Commission and what the
modifications shall be.
Any party aggrieved by the Board of Appeal's
decision may pursue all other available remedies at law.
11. After due notice and public hearing, the
Conservation Commission may promulgate rules and regulations
to effectuate the administration of this By -Law.
12. However, failure to promulgate rules and
regulations as provided in Section 11 or a legal declaration by a
court of law of the invalidity of any section or provision of this
by -law shall not invalidate any other section or provision
thereof.
ARTICLE XXXIII
User Fees
Section 1. All elected Town boards, effieeFSr depaFtrneat;s7
eernrnissiensr and committees are hereby authorized to adopt by
appropriate regulation, in accordance with all applicable
provisions of law, a schedule of fees to be charged for services
provided by said board, of ieer7 depaFt:rnea#T eer+iraissiea or
committee to Town residents, customers and other users of
such services. The failure of any person or entity to pay for
Page 20
services provided in accordance with the appropriate schedule
of fees or payment schedule within the time specified for
payment of said fee or payment schedule shall be considered a
violation of this By -Law.
ARTICLE XXXIV
Municipal Data Processing Center
SeetieR 1. Pursuant to the provisions of Massachusetts
General Laws, Chapter 41, Section 23D, there shall be
established within the Town of Reading a Municipal Data
Processing Center for the purpose of providing data processing
services to the town boards and officials.
The Data Processing Center shall be under the
direct supervision and control of a Data Processing Coordinator
appointed by aREI SeFViRg at the pleaSeFe of the 6eaFd of
SeleetrReR the Town Manager.
The Coordinator shall have full responsibility for
coordinating the activities of the Data Processing Center
including provision of programs or systems, collection,
processing, storage and retrieval of information, preparation of
reports, addition of new applications, budget preparation, and
systems and equipment vendor supervision.
In accordance with G.L. Ch. 41, Sect. 23D, the
Coordinator may also serve in any other public office or
position in the town, notwithstanding any provision of any
general or special law, or by -law of the town to the contrary-,.
and the a ice OF po&k4OR of Geor-dinateF shall Rot be suet to
the pFeVi4eRS Of Massaehusetts GeReFa1 Laws Chapter- thir-ty-
eRe.
ARTICLE XXXV
Scenic Roads
Section 1. Upon recommendation of the PlaRRiRg Beard
Community Planning & Development Commission, Conservation
Commission or Historical Commission, Town Meeting may vote
to designate any road, other than a numbered route or state
highway, as a scenic road.
Section 2. After a road has been designated as a scenic road
any repair, maintenance, reconstruction, or paving work done
with respect thereto shall not involve or include the cutting or
removal of trees, or the tearing down or destruction of stone
walls, or portions thereof, except with the prior written consent
of the WaMiRg Board Community Planning & Development
Commission after a public hearing duly advertised twice in a
newspaper of general circulation in the area, as to time, date,
place and purpose, the last publication to occur at least seven
(7) days prior to such hearing.
Section 3. The FIaMiRg Beard Community Planning &
Development Commission shall establish and adopt regulations
for exercising its responsibilities under this by -law, taking into
consideration sound planning principles, and preservation of
aesthetic and natural resources of the Community.
ARTICLE XXXVI
Newsracks
Section 1. The purpose of this By -Law is to protect the Town
of Reading and its inhabitants from the unregulated
installation, use or maintenance of newsracks on public streets,
sidewalks and other public properties. The unregulated
installation, use or maintenance of newsracks on public streets,
sidewalks and other public properties will result in obstruction
of sidewalks that will interfere with the public's right to
unhampered passage thereon, will create traffic congestion or
illegal parking or stopping by motorists in order to purchase
newspapers, periodicals or other printed matter, will damage
municipal roperty because of the chaining of newsracks to
poles, tradiic standards or other fixtures, will interfere with the
performance of required municipal services, will create
unsightly conditions and will endanger the safety and welfare of
the inhabitants of the Town of Reading.
Section 2. DEFINITIONS. For the purposes of this By -Law,
the following words and phrases shall have the meanings given
herein. When not inconsistent with the context, words used in
the present tense include the future; words in the plural include
the singular; and words in the singular include the plural:
Distributor - any person responsible for the
installation, use or maintenance of a newsrack in or on a public
street.
Newsrack - any self- service or coin - operated
box, container, storage unit, or other dispenser installed, used
or maintained for the display and sale of newspapers,
periodicals or other printed matter.
Person - any individual, group of individuals,
association, partnership, corporation, company, business
organization, trust, estate, or any other legal entity or its legal
representatives, agents, or assigns.
Public Street - the entire width between the
boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for purposes of
vehicular travel, and it includes any alley or other public
property in the Town of Reading.
Roadway- that portion of a public street
improved, designed or ordinarily used for vehicular travel,
including the curb or shoulder.
Sidewalk - that portion of a public street
between the curblines or lateral lines of a roadway and the
adjacent property lines, intended for use by pedestrians.
Section 3. No person shall install, use or maintain any
newsrack which projects onto, into or over any part of the
roadway of any public street.
Section 4. A. No person shall install, use or maintain any
newsrack which in whole or in part rests upon, in or over any
sidewalk or other public place when such installation, use or
maintenance endangers the safety of persons or property or
when such site or location is used for public utility purposes,
public transportation purposes or government use or when such
newsrack unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic, the ingress into or egress from
any residence, place of business or any legally parked or
stopped vehicle or the use of poles, posts, trees, traffic signs or
signals, hydrants, mailboxes or other objects permitted at or
near said location.
B. Any newsrack which in whole or in part rests
upon, in or over any sidewalk or other public place shall comply
with the following standards:
(1) No newsrack shall exceed four (4) feet in
height, thirty (30) inches in width or two (2)
feet in depth.
(2) No newsrack shall be chained, bolted or
otherwise attached to any property owned or
maintained by the Town of Reading.
(3) No newsrack shall be placed, installed, used
or maintained:
(a) Within three (3) feet of any
crosswalk.
(b) Within twenty (20) feet of any fire
hydrant.
(c) Within six hundred (600) feet of
any other newsrack distributing the
Page 21
(d)
same newspaper.
Within five (5) feet of any fire or
police call box or other emergency
facility.
(e)
Within five (5) feet of any
driveway, public or private.
(f)
Within three (3) feet ahead or
fifteen (15) feet to the rear of any
designated bus stop, taxi stand or
place marked for handicapped
parking.
(g)
Within three (3) feet of any public
bench, bus bench or shelter.
(h)
At any location whereby the clear
space for the passageway of
pedestrians is reduced to less than
five (5) feet.
(i)
Within three (3) feet of any display
window of any building abutting
the sidewalk or other public place
in such a manner as to impede or
interfere with the reasonable use
of such window for display
purposes.
(j)
No newsrack shall be used for
advertising signs or publicity
purposes other than that which is
essential to identify the
newspaper, periodical or other
printed matter offered for sale
therein. Advertising signs,
promotional decorations, banners
and moving signs shall not be
permitted on the newsrack, except
as otherwise provided in this sub-
section. Neither the newsrack nor
any of the permitted lettering
thereon shall employ reflectorized
paint, day -glo, fluorescent or
scotchlite reflective materials or
materials of like nature.
(k)
Each newsrack shall be maintained
in a clean and neat condition and in
good repair at all times, including
snow removal from on the
newsrack and within one (1) foot in
all directions around the base or
bottom of the newsrack.
(1)
Every person who places or
maintains a newsrack on the public
streets of the Town of Reading
shall have his name, address and
telephone number affixed thereon
in a place where such information
may easily be seen.
(m)
Every person who places or
maintains a newsrack on the public
streets of the Town of Reading
shall give written notification of
the location of any such newsrack
to the Beard at Pablie Works Town
Manager.
SeetieR 3. The pFevisieRS Of this By -haw shall also appply to
existing RewsFaeks w4kiR the TeWR at Reading, except tFiat the
— distFibdters thereof shall• have tbiFty 084 days within which to
eernply with the said pFevisieRS OF within sueh addk4eaai time
as may be allowed iR the diseretieR at the Beard of Publie
Works.
Section 63. A. If it should appear that any distributor is
violating any provision of this By -Law, it shall be the duty of
the SdpeFinteRdeRt at Publie Works Town Manager or his
designee to determine whether or not such a violation has
occcurred and thereafter to notify the distributor to correct
the violation. Such notification and direction shall be in
writing; it shall specify the nature of the violation and whether
or not it warrants removal of the newsrack if not corrected,
and it shall direct correction; it shall be served upon the
distributor in hand, or it shall be telephoned to the distributor
at the telephone number designated by the distributor as
provided in section 4.B.(3)(1) above and confirmed in a written
notice, mailed by certified mail with return receipt requested
to the address designated by the distributor as provided in
section 4.B.(3)(1) above. During such period, the distributor
shall have a right to a hearing before the SupeFiiteRdeat Of
Pub4e Works Town Manager or his duly designated
representative to determine whether or not such violation has
occurred and whether or not the nature of such claimed
violation warrants removal prior to final determination. At
such hearing the distributor shall have the right to examine the
evidence upon which the SupeFiateRderit Town Manager or his
designee acted, to cross - examine any witnesses who may have
appeared before him and to offer any evidence which may tend
to show that the subject newsrack does not violate any
provision of this By -Law and that the claimed violation is not of
a nature which warrants removal prior to final determination.
The hearing officer shall promptly review such evidence, notify
the distributor of his decision with respect thereto, and if
necessary, afford the distributor a reasonable opportunity to
comply with such determination. If said violation is not
corrected within such period or such further reasonable period
as may be contained in a superseding notice by the hearing
officer, the Beard Of Pdbiie Works Town Manager shall remove
such newsrack and place it in storage in a secure place. The
cost of removal and storage shall be billed to the distributor,
and in the event of nonpayment, a civil suit for money damages
may be brought by the Town Counsel. If such newsrack is not
claimed within thirty (30) days, it shall be treated as abandoned
property and disposed of as provided by law.
B. Any distributor who, having been notified and
directed as provided herein to correct a violation of the
provisions of this By -Law, fails to correct such violation as
provided in such notice shall be guilty of a violation of this
By -Law and shall be subject to punishment as provided in
Article XXVII of the By -Laws of the Town of Reading. Each
day the violation remains uncorrected shall be considered a
separate offense and violation of this By -Law.
C. Any distributor or other person aggrieved by a
finding, determination, notice or action taken under the
provisions of this By -Law may appeal to the Board of Publie
Works Selectmen. An appeal shall be made in writing, and it
must be filed within three (3) days after the receipt of written
notice of any protested decision or action with the Town Clerk
by a letter of appeal briefly stating therein the basis for such
appeal. The Town Clerk shall forward such notice of appeal to
the Board of PH646 Works Selectmen. A hearing thereon shall
be scheduled by the Board of Public Works Selectmen to be
held on a date no more than fifteen (15) days after receipt of
such letter. The appellant shall be given at least five (5)days
notice of the time and place of the hearing. The Board of Pubiie
Works Selectmen shall give the appellant or any other
interested person a reasonable opportunity to be heard in order
to show cause why the determination or action appealed from
should not be upheld. The Board of PubUe WeFks Selectmen
shall make a final determination at the conclusion of the
hearing or as soon thereafter as is practicable. In the event that
a distributor is successful in reversing a determination that the
claimed violation was of a nature which warranted removal
pending a final determination, no fee shall be imposed for the
removal and storage of the newsrack which was the subject of
the appeal, and failure to comply with such determination shall
not serve as a basis for prosecution under subsection B. of this
Section 65.
Section 76. Nothing contained in this By -Law shall be
interpreted to limit or impair the exercise by the Town of
Reading of its police power in the event of an emergency to
remove any newsrack which presents a clear and present danger
of imminent personal injury or property damage to users of the
Page 22
public streets of the Town. Further, nothing contained in this
By -Law shall be interpreted to limit or impair the ability of the
Town of Reading to temporarily remove or relocate any
newsrack in order to allow the Town to perform municipal work
or other services in the location or immediate vicinity of such
newsrack, in the event such newsrack has not been temporarily
removed or relocated by the distributor within twenty -four (24)
hours of telephone or written notice from the Town of its
intention to perform municipal work or services in the location
or immediate vicinity of such newsrack.
Section 87. Any distributor placing newsracks on sidewalks or
other public place within the Town of Reading shall provide
liability insurance in the amount of $1,000,000.00, for each
occurrence, for bodily injury, and in the amount of $500,000.00,
for each occurrence, for property damage, naming the Town of
Reading as an insured. Any such distributor shall further agree
to hold the Town of Reading, its Officers, Boards, Commissions,
Committees, and their employees, agents, and assigns, harmless
in any suit brought against the Town or any of its Officers,
Boards, Commissions, Committees, and their employees, agents
and assigns arising out of the use, operation or maintenance of
the newsracks. Any distributor placing newsracks on sidewalks
or other public places within the Town of Reading shall further
indemnify and hold the Town of Reading, its Officers, Boards,
Commissions, Committees, and their employees, agents and
assigns harmless from any damage caused to any newsrack by
virtue of the Town of Reading performing snow removal or
other municipal services on the Town's public streets, roadways
and sidewalks.
Section 98. In the event any section, subsection or provision of
this Article XXXVI shall be held to be invalid, such invalidity
shall not effect the validity of any other section, subsection or
provision hereof.
ART4GLF_ XXXV$
Smoking Regaiat'ans
ENe person shall smoke OF have in his possession
any lighted eigaFT eigarette OF etheF tebaeee pFeddet in any
baiidiag OF Foorn Owned OF oeeupied by the Town etheF than in
speeigeally designated areas. The Town ManageFT the
SdpeFinteadent at Seheeis and the MaaageF at the
Light BepaFtment shall designate areas in whieh smoking shall
be al4ewed7 and shall pest an appFepr4ate RumbeF at signs
indieatiag these areas in whieh smoking is pFehibited,)<
(Whenever in the foregoing By -Laws, the word "he" appears,
this shall also mean "she"; "his" shall mean "her "; and "himself"
shall mean "herself")
GRADE
SCHEDULE A - CLASSIFICATION PLAN - TOWN OF READING
JOB TITLES
12
Director of Public Works
•S
Police Chief
S
Fire, Chief
S
11
Assessors' Appraiser
S
Asst. Director Public Works, Operations
S
Town Engineer
S
Library Director
S
Town ,Planner
S
Treasurer Collector
S
10
Town Accountant
S
Building Inspector
S
Cemetery Director
S
9
Health Director
S
Assistant Library Director
S
Supervisors:
Highway & Sanitation
Forestry & Parks
Water Treatment & Pumping Stations
Water & Sewer
Town Clerk
S
Recreation Supervisor
S
Assistant Treasurer
S
8
Pumping Station Engineer
Department Head, Technical Services, Library
Conservation Administrator
S
Assistant Town Clerk
Building Maintenance Supervisor
Fire Department Mechanic
Assistant Collector
S
7
Personnel Administrator
S
Veterans Agent
S
Dept. Head, Circulation, Library
Dept. Head, Children's Room, Library
Reference /Community Services Librarian
Reference /Information Librarian
Business Administrative Assistant
Town Collector - D.P.W.
Fire Alarm Lineman
Administrative Assistant - Town Manager
Administrative Assistant - Police Dept.
SCHEDULE A - CLASSIFICATION PLAN - TOWN OF READING
PAGE 2
GRADE JOB TITLE
6 Administrative Secretary -'D.P.W.
Administrative Secretary - Fire Dept.
Fire Alarm Groundman
Civilian Fire Dispatcher
5 Library Technician/Reference & Circulation
Library Technician/Technical Services
Library Secretary
Hearing Reporter
4 Library Clerk Cataloging/Children's Room
Library Clerk Programming/Children's Room
Library Clerk/Circulation
3 Library Materials Repair Clerk
2 Laborer
1 Temporary Laborer
Library page
Salaried positions (denoted S) are exempt from payment
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ARTICLE XXIV PERSONNEL
USECTION 1. PURPOSE AND AUTHORIZATION
The purpose of the personnel by-law is to establish fair and
equitable personnel policies and to establish a system of person-
nel administration based on merit principles that ensures a
uniform, fair and efficient application of personnel policies.
The by-law is adopted pursuant to the authority granted by Ar-
ticle LXXXIX of the Constitution of the Commonwealth and General
Law, Chapter 41, Sections 108A and 108C.
SECTION 2. APPLICATION
All Town departments and positions shall be subject to the
provisions of this by-law except elected officers and employees
of the School Department, and Light Department.
SECTION 3. ADMINISTRATIVE
The Board of Selectmen shall be responsible for estab-
lishment and maintenance of a personnel system based on merit
principles, the classification and reclassification of positions,
an annual compensation plan and the development and promulgation
,-,of personnel policies pursuant to section 5 of this by-law.
SECTION 4. PERSONNEL SYSTEM
A personnel system shall be established by promulgation of
policies pursuant to Section 5. The Town Manager shall ad-
minister the personnel system. The personnel system shall make
use of current concepts of personnel management and shall include
but not be limited to the following elements:
(a) Administration: Maintenance of personnel records,
implementation of effective recruitment and selection processes,
maintenance of the classification and compensation plans,
monitoring of the application of personnel policies and periodic
review and evaluation of the personnel system.
(b) Classification Plan: Position classification plan for
all employees subject to this by-law based on similarity of
duties performed and responsibilities assigned, so that the same
qualifications may be reasonably required for, and the same
schedule of pay may be equitably applied to all positions in the
same class.
(c) Compensation Plan: Compensation plan for all posi-
tions subject to this by-law consisting of:
2
(1) a schedule of pay grades including minimum, maximum and
intermediate rates for each grade; and
(2) an official list indicating the assignment of each
position to specific pay grades;
(d) Recruitment and Selection Policy: Recruitment,
employment, promotion and transfer policy ensuring that
reasonable effort is made to attract qualified persons and that
selection criteria are job related.
(e) Personnel Records: Centralized record keeping system
maintaining essential personnel records.
(f) Personnel Policies. Establishing the rights and
benefits to which personnel employed by the Town are entitled and
the obligations of said employees to the Town.
No employee may be appointed to a position not included in
the classification plan.
' SECTION 5. ADOPTION AND AMENDMENT OF PERSONNEL POLICIES
Ll Personnel policies defining the rights, benefits and
obligations of employees subject to this by-law shall be adopted
or amended as follows:
(a) Preparation of Policies. Any member of the Board of
Selectmen, the Town Manager, or any three employees may suggest
policies for consideration by the Board of Selectmen. The Board
need not consider any proposal already considered in the preced-
ing twelve months. Any person proposing a new or amended policy
shall provide the substance and the reason for the proposed
policy to the Board in writing. The Board shall hold a public
hearing on any proposed policies or amendments. Any proposed
policies or amendments shall be posted at least five (5) days
prior to the public hearing in prominent work locations, and
copies of all proposals shall be provided to representatives of
each employee collective bargaining unit.
(b) Public Hearing. The proponent shall present at the
public hearing the proposed policies or amendments, the purpose
of the proposal, and the implication of any proposed change. Any
person may attend the hearing, speak and present information .
Within twenty (20) days after such public hearing the Board of
Selectmen shall consider the proposed policies and may vote to
adopt the policies,* with or without modifications, reject the
policies, or indicate that further study is necessary.
(c) Computation of Time. In computing time (days) under
this bylaw only days when the Town Hall is open for business
shall be counted.
SECtION 6.. EFFECTIVE DATE
This by-law shall take effect on January 1, 1988. Personnel
�jpolicies existing prior to said date will remain in effect for at
least sixty (60) days from said date and until promulgation of
new policies in accordance with Section 5 herein.
.19
141
Subsequent Town Meeting November 9, 1987
Thence northeasterly 42.6 feet
Thence easterly 78.9 feet
Thence southerly 45.3 feet
Thence westerly 94.41 feet by land now or formerly of Keenan to
said point of beginning of this description
Said parcel containing 3,690 square feet more or less.
This motion was voted in the negative.
30 voted in the affirmative
93 voted in the negative
2/3 vote required
ARTICLE 14. On motion of Mary S. Ziegler, it was voted to
indefinitely postpone Article 14.
On motion of John H. Russell, it was voted that Articles 17,
20, 22, 23 be taken out of order and in that order.
ARTICLE 17. On motion of Richard H. Coco, it was voted
that the Town appropriate the sum of $10,963.02 from the
"Insurance Reimbursement In Excess Of $10,000" fund to the School
Department.
ARTICLE 20. On motion of John H. Russell, it was voted to
indefinitely postpone Article 20.
ARTICLE 22. On motion of Richard H. Coco, it was voted to
indefinitely postpone Article 22.
Article 23. On motion of Peter I. Hechenbleikner, it was
voted that the Town amend the following schedule of fees:
AGENCY PURPOSE CURRENT FEE PROPOSED FEE
Health Milk Stores $
2.00
15.00
Sealer of W/M Scales /capacity
10,000 lbs or over
50.00
50.00
5,000 to 10,000 lbs
20.00
50.00
1,000 to 5,000 lbs
15.00
20.00
100 to 1,000 lbs
10.00
15.00
10 to 100 lbs
5.00
10.00
10 lb or less
4.00
5.00
Each liquid capacity
measure (except vehicle
tanks) with a capacity of
more than one gallon and
measures on pumps
1.00
2.00
Liquid measuring meters
(except water meters)
Inlet pipe
1/2" or less
4.00
5.00
1/2" to 1"
8.00
10.00
1" or over
vehicle tank (pump)
15.00
25.00
vehicle tank (gravity)
15.00
25.00
bulk storage
30.00
30.00
bulk storage (with certi-
fied power)
15.00
25.00
Taximeters
10.00
10.00
Machine or device for
determining linear or
area measurement
4.00
5.00
Yardsticks
-
2.00
Tape measure
-
2.00
All weights and other
measurements, each
.50
1.00
1.42
Subsequent Town Meeting November 9, 1987
AGENCY PURPOSE CURRENT FEE PROPOSED FEE
Sealer of W/M
Charges for repairs,
alterations, adjustments
or use of special
facilities 15.00 /hr 20.00 /hr
Return visit or minimum
chg. 2.00 5.00
ARTICLE 1. On motion of John H. Russell, it was voted to
take Article 1 from the table.
The following report on the New DPW Facility presented by
John H. Russell was accepted as a Report of Progress:
REPORT OF PROGRESS
NEW DPW FACILITY
This is the next -to -last Report Of Progress on the new DPW
Facility.
We are almost there! -
*The facility is 90o complete.
*The road is completed on both sides of the
tracks.
*The crossing is crossable and the signals and
gates are in the final stages.
*We will start moving in by the end of this month
and will be operational from the new facility by
end December.
*We will be completely out of our old facility by
the end of January... Close enough to our target
date to keep all parties reasonably content.
*And best of all - -- We will be within budget!
In fact, we now estimate completion of
the facility with approximately $225K
to spare which, coupled with the $125K land
acquisition money returned last spring puts
us over $350K under our appropriation for
the complete project.
There are two matters remaining which need Town Meeting ac-
tion. Both of these matters are -items to which the Selectmen
have committed their support in the process of clearing all the
negotiated hurdles along the way and which now need Town Meeting
endorsement.
The first is an exchange of a small amount of Town owned
retention area for a comparable amount of retention area owned by
Mr. & Mrs. John Biggio, the abutters to the north of our site.
This is the subject of Articles 15 and 16 of this Town Meeting
which will be taken up at the completion of this report. This
was a condition of the Biggios withdrawal of their appeal of the
DEQE Order of Conditions which allowed the town to proceed to
complete the roadway.
The second is reduction in the size and number of parking
spaces required for R & D and office uses in an Industrial Zone.
Support of this was an agreement with TASC which allowed us to
143
Subsequent Town Meeting November 9, 1987
obtain the roadway strip at the budgeted price. This is the sub-
ject of Articles 9 and 10 of the Special Town Meeting next
Thursday evening.
As background for the upcoming articles, and for the infor-
mation of those who have not ventured down Walker's Brook Drive
or Ash Street for a first -hand look, let's take a tour. These
slides were taken mid last week, so they give a fairly up to date
picture.
1. View of road from Walker's Brook Drive. Looking towards
the crossing.
2. This is about half -way up the road toward the crossing.
3. This shows the crossing -- note the signal stantions.
The gates are due 11/21
You can also see the edge of the land which we
would trade with the Biggios marked off by the
yellow ribbon.
4. This is a view from the crossing showing the Biggio
trade land.
5. This shows the Biggio land which will be accessed
over the traded land.
6. This shows the trade land from the gas tank area in
front of the shop area.
7. This is the trade area again viewed from the corner
of the maintenance area.
8. A long shot showing the whole retention area, the shop/
office area (85% complete - still some roof and interior
work to do) and the maintenance area (only 25% complete
but coming fast. This area, the roadway on the west
side of the tracks and the crossing were the areas held
up by the Biggio appeal.)
We should appreciate the fantastic job our
DPW forces did in getting the new road built
and the major land moving accomplished
so efficiently once we were allowed to proceed.
They have done and are doing a fine job.
9. Another long shot showing the heated (85 %) and cold
storage (100 %)buildings.
10. And finally a shot showing the salt storage building
(usable now but a overhead door will be added soon.)
I urge all of you to take a few minutes on a Saturday and go
down and take a look. There will be an opening ceremony to which
you all will be invited, but you don't have to wait 'til then.
By the Spring Town Meeting, we should have completed the
move, received all the bills, and had 2 to 3 months of experience
with the new facility. You have no idea how we look forward to
making a final report.
J. H. Russell
ARTICLE 1. On motion of John H. Russell, it was voted to
lay Article 1 on the table.
Um
Subsequent Town Meeting November 9, 1987
ARTICLE 15. On motion of John H. Russell, it was voted to
transfer the care, custody, management, and control of the fol-
lowing described land, or any portion thereof, which -constitutes
a portion of the land acquired for the site of the new Department
of Public Works garage related facilities and access thereto un-
der Article 7 of the June 19, 1986 Special Town Meeting, to the
Board of Selectmen of the Town of Reading, for any municipal pur-
pose, including the possible sale, lease or exchange thereof:
A strip of land approximately 10,200 square feet in area which
approximates in size and location the area shown on the plan
entitled: "Schedule Plan For Possible Access Road Location" dated
August 1987 which constitutes a portion of the 6.6 acres of land,
more or less, acquired from the Trustee of Reading Properties
Trust by Deed dated November 14, 1986.
95 voted in the affirmative
7 voted in the negative
balance abstentions
2/3 vote required
ARTICLE 16. On motion of John H. Russell, it was voted to
authorize the Board of Selectmen of the Town of Reading to convey
all or any part of the following described land, which was
originally acquired for the site of the new Department of Public
Works garage and related facilities and access thereto, to John
and Bette Biggio of Reading, Massachusetts in return for the con-
veyance to the Town of a parcel of land owned by the Biggios and
being a portion of Board of Assessors' Plat 44, Lot 16, which
land to be conveyed to the Town shall be at least of an equiv-
alent area and of a larger area if necessary, to that land to be
conveyed to the Biggios so as to provide for the reproduction or
replication of the amount of detention area lost by the Town by
reason of the conveyance of the within Town property to John and
Bette Biggio; to authorize the Board to convey the below
described property at a minimum price of $1.00; and to authorize
the Board of Selectmen to convey all or any part of the said Town
property for such amount or larger amount and upon such other
terms and conditions as the Board of Selectmen shall consider
proper and to deliver deed or deeds therefor to said John and
Bette Biggio; to authorize the Board of Selectmen to acquire in
exchange therefor land of equivalent size or larger from John and
Bette Biggio, at no further cost to the Town, and to authorize
the Board of Selectmen to do all other acts and things necessary
and proper for financial and other assistance and all things
necessary and proper for carrying out the purposes of this vote;
A strip of land of approximately 10,200 square feet in area which
approximates in size and location the area shown on the plan
entitled: "Schedule Plan for Possible Access Road Location" dated
August 1987 which constitutes a portion of the 6.6 acres of
land, more or less, acquired from the Trustee of Reading
Properties Trust by Deed dated November 14, 1986.
85 voted in the affirmative
6 voted in the negative
2/3 vote required
On motion of John H. Russell, it was voted that this meeting
stand adjourned to meet after the adjournment sine die of the
Special Town Meeting, Thursday, November 12, 1987, at the W. S.
Parker Middle School.
Meeting adjourned at 11:12 P.M.
108 Town Meeting Members were present.
A true copy. Attest: &vz� 6
Doris M. Fantasia
Town Clerk