HomeMy WebLinkAbout2017-05-16 Board of Selectmen PacketOF
Town of Reading
Meeting Posting with Agenda
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Board - Committee - Commission - Council:
Board of Selectmen
Date: 2017 -05 -16 Time: 7 :00 PM
Building: Reading Town Hall
Address: 16 Lowell Street
Purpose: General Business
To Wt I ;:
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Location: Selectmen Meeting Room
Agenda:
Meeting Called By: Caitlin Saunders on behalf of Chairman
Notices and agendas are to be posted 48 hours in advance of the meetings excluding
Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of
operation and make necessary arrangements to be sure your posting is made in an
adequate amount of time. A listing of topics that the chair reasonably anticipates will be
discussed at the meeting must be on the agenda.
All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted.
Topics of Discussion:
1)
Reports and Comments
a. Selectmen's Liaison Reports and Comments
b. Public Comment
C. Town Manager's /Assistant Town Manager's Report
2)
Open Session for topics not reasonably anticipated 48
hours in advance of the meeting
3)
Proclamations /Certificates of Appreciation
4)
Personnel & Appointments
a. Police Week
7:30
b. Public Works Week
7:35
5)
Discussion /Action Items
a. Camp Rice Moody
7 :20
b. Town Accountant Quarterly Report
7:40
C. Amend FYI Non Union Classification and Compensation Plans
8:00
d. Approve FYI Non Union Classification and Compensation Plans
8:05
e. Town Personnel Policies
8:10
f. Board of Selectmen Policies: Article 2 Volunteer Boards /Committees/
Commissions
8:45
g. Review BOS /TM Goals
9:15
h. Community Projects Update
9:30
6)
Approval of Minutes
a. May 2nd 2017
7)
Licenses, Permits and Approvals
8)
Executive Session
9)
Correspondence
a. Massachusetts Selectmen's Association Regional Meeting Registration
b. Email from Bob LeLacheur, re: Liquor Violation
C. Email from Fios TV, re: Programming Change
d. Email from Andrea Hogan, re: Human Rights Proclamation
This
Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be
discussed
at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
Page 1 1
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Town of Reading
` e Meeting Posting with Agenda
,63giNCORp��
e. Email from Marionna Sabia, re: Human Rights Resolution
f. Email from Laura Joelson, re: Human Rights Resolution
g. Email from Simone Payment, re: Human Rights Resolution
h. Email from Laura Wilson, re: Human Rights Resolution
i. Email from Amy Cole, re: Human Rights Resolution
j. Email from Jennifer Corwin, re: Human Rights Resolution
k. Reading Historical Commission/ Historic District Commission Documents, re:
Preservation Restriction Agreement for 186 Summer Ave
This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed
at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
Page 1 2 C
C °� of Reg4�G
Office of the Town Manager
16 Lowell Street
a �Q
J�'3�'1NCORP�Rp� Reading, MA 01867
To: Board of Selectmen
From: Robert W. LeLacheur, Jr. CFA
Date: May 11, 2017
RE: BOS Agenda for May 16th
781 - 942 -9043
townmanager@ci.reading.ma.us
www.readingma.gov /town - manager
Next week we will begin the meeting with a brief review of the timeline in the recent RMHS graffiti
incident, which as of this writing is still an active investigation by the School Department. On Tuesday
night the Board will receive a redacted Police report in addition to a timeline visual aid. Chairman Arena,
myself and the Police department have been in contact since late Monday night on this incident, and the
Police Chief will be at your meeting if you have any questions. We have also been in touch with the
School Superintendent, have shared our information with him and given him assistance requested but
mainly the room he needs to complete their investigation.
The first scheduled agenda item will be a discussion about Camp Rice Moody. I have attached a
correspondence from attorney Brad Latham from several weeks ago, and we have since spoken and met
on a couple of occasions. He will describe the issue in more detail and what role the town plays. This
should be viewed as an informal discussion at this point.
Next, Town Accountant Sharon Angstrom will be in to conduct her quarterly update with the Board.
There are no issues of concern, though she may have some minor handouts to review on Tuesday.
Human Resource Director Judi Perkins will be in for three agenda items. The first is a formal Public
Hearing concerning changes to the town non -union employee's classification and compensation for
FY17. The funding for these changes was initially approved by town Meeting in April 2016; and a recent
vote by April 2017 Town Meeting under Article 5 moved the funds to various departments from a
central budget location. A few years ago an independent study identified that on average we
compensated non -union positions at 92% of the average pay from our Peer communities — in others
words 8% below average. At the same time the community expects well above average job
performance. This action tonight completes the work to narrow that gap. Although we did not
mathematically achieve our objective of bringing all non -union positions to 'average peer pay', we did
make significant strides and repaired the biggest deficiencies. On behalf of all of the employees I would
like to publicly and emphatically thank the Board for their support in this process during the past couple
of years, obviously during financially challenging times. All town employees, including those not affected
by changes, are very appreciative of your support and acknowledgment of the important role they play.
Please note that the Town Manager choose to leave $23,350 of the funds allocated to remain unspent
on employees. Frankly this avoided further position reductions in the FY18 budget process.
The second Public Hearing is on changes to the town non -union employee's classification and
compensation for FY18. There are no reclassification of positions required from what was just done, and
the compensation change reflects the recent vote of Town Meeting to include a 0.75% COLA.
The third issue is a brief review of the Personnel Polices. Eventually the Board will be asked to hold a
formal Public Hearing — likely at the end of the summer — to approve changes. Tonight is meant to be a
flavor of what is being proposed, and the Board should note that I have not reviewed the document in
detail as I was waiting for you to have this preview. After we hear your thoughts, we will design a
process to accommodate your suggestions. Please note that some of this process will require the Town
Manager to formally meet with every town union to discuss proposed changes. After tonight's preview I
will begin that process and do expect changes to be made to this draft version you see tonight. Thus you
may need more than one future agenda item to considered changes being suggested. Note that we have
no record of when a comprehensive review of the Board's Personnel Polices last occurred, and will
suggest a formal review schedule going forward in light of the significant volatility in current HR law as a
way for the town to control any risk.
Administrative Services Director Matt Kraunelis will then review a draft of Selectmen's Policies Article 2:
Volunteers /Boards /Committees /Commissions. As above, this is an informal review that will require a
formal adoption process in the future. This set of policies has also not had a comprehensive review, so
there are a lot of streamlining changes suggested — for example removing volunteer boards that have
not existed for over ten years. The first page is a sort of translation guide that shows the proposed
layout of the hew policy, and what old sections are suggested to be moved. The first section on
volunteers (for example, folks that help at the Pleasant Street Center) has had no changes yet suggested
until the Board has had a chance to review. Other sections have been update and streamlined, with
changes suggested largely driven by the recent Charter change. Once the Board has given staff some
guidance, this policy may be able to come back to the Board fairly quickly for the formal Hearing
process.
The Town Manager will then give the Board a formal update on his FY17 Goals. Remarkably there was a
lot of progress on many items, given the weight of financial issues that dominated the year. Staff has
begun to think about FY18 goals and will present them during the summer for your consideration, and
we ask that the Board thinks about this as well. Given Town Meeting action, for example, we now have
the ability to design a public process to discuss Oakland Road, and a nearby cell tower for example. I will
conclude with a quick review of some community project ideas, including one that is being developed by
Melrose Mayor Dolan and myself that will include 8 -12 area communities holding a concurrent one -day
community event to provide a sort of workshop to understand the role of local government. My peer
mayors and managers are almost all seeing items brought before them in response to national political
issues that are not traditional, and have begun to divide our communities in a very alarming way. This
event will likely be in October, and we expect support from state leaders on this important issue. I bring
this to the Board now to gauge what your level of interest in such an event is.
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LeLacheur, Bob
From: Brad Latham <bradlatham @lathamesq.com>
Sent: Friday, March 17, 2017 2:33 PM
To: LeLacheur, Bob; Delios, Jean
Cc: Paula Pepper
Subject: Camp Rice - Moody, Reading
Attachments: 20170317142129.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Bob and Jean,
This is to follow up on the matters that we discussed at our meeting of last week concerning Camp Rice - Moody.
We represent Reading Council for Girls, Inc. (RCG), which is a nonprofit entity that owns the approximately 8 acres of
real estate known as "Camp Rice - Moody" that is currently used as a girls' camp in affiliation with the Girl
Scouts. RCG would like to dissolve and transfer the ownership of the real estate, with the restriction that the property
continue to be used exclusively for a girls' camp under the control of the Girl Scouts of Eastern Massachusetts, Inc.
The proposal is that there would be an enforceable provision that if the use of the property as a Girl Scout camp ceases
for two successive years, the Girl Scouts' rights cease and the fee ownership of the real estate would be fully vested in
the Town of Reading with a restriction that the property be used by the Town for public recreational purposes in
perpetuity (possibly with an athletic field), and not be developed for residential or commercial use.
The dissolution plan must be approved by the Massachusetts Supreme Judicial Court. We have had initial discussions
with the Attorney General's Office and have drafted a complaint.
As to that real estate, I attach to this letter the following recorded documents for your reference:
1. 1948 deed into the corporation.
2. 1984 deed out of a portion of the original lot.
3. Plan showing the land after the property was deeded out.
4. Taking by the Town of Reading and a related plan wherein the Town took Rice Road as a public way.
There are various ways that the proposal might be structured. We would like to meet with the Board of Selectman and
has access to Town counsel to refine the alternatives. We anticipate that Town Meeting action will be required. RCG
would like to move expediently on this.
We shall await your contact.
_.CI
0. Bradley Latham, Esq.
Latham Law Offices LLC
643 Main Street
Reading, MA 01867
Tel: 781 -942 -4400
FAX 781.- 944 -7079
This e -mail, including any attachments, is intended only for the confidential use of the designated recipient. It may contain
confidential or proprietary information and may be subject to attorney - client privilege or other confidential protections. If you
are not the designated recipient, please notify the sender by reply e-mail and delete this message. Neither this e -mail nor any
attachment to it shall (a) satisfy the requirements for a writing, or (b) give rise to or constitute a contract, or (c) bind our client,
or (d) constitute an electronic signature, under any law, now or hereafter in effect, unless this email expressly states that it does
. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax
advise contained in this communication (including any attachments) is not intended or written, and cannot be used, for the
purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another
party any transaction or matter addressed herein.
This e -mail, including any attachments, is intended only for the confidential use of the designated recipient. It may
contain confidential or proprietary information and may be subject to attorney - client privilege or other confidential
protections. If you are not the designated recipient, please notify the sender by reply e -mail and delete this message.
Neither this e -mail nor any attachment to it shall (a) satisfy the requirements for a writing, or (b) give rise to or
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requirements imposed by the IRS, we inform you that any U.S. tax advise contained in this communication (including
any attachments) is not intended or written, and cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein.
no,
The Fathers and Mothers Club, Incorporated, a charitable corporat!
organized under the laws of the•Commonwealth of Massachusetts, hee, Mas ing an usual place of business in Heading, Middlesex County,
ount , of
chusetts, for consideration paid grant to the g
Girl Scouts, Inc., a charitable corporation, organized under the
laws of the Commonwealth of Massachusetts, having an usual place
of business in said Reading, WITH QUITCLAIM COVENANTS,
A certain parcel of land with the buildings thereon being shown as
r.� the Headin
6.+. r-.v --- - - H.
7ouncil of Girl Scouts, Znc., dated Une, 1947,
;ur, veyor, and herewith recorded.
Starting at the Northeesterly corner of the granted premises on th
Boutherly r s Street at a stone wall
H .andLillianI. Merrill, thencen the aline o fo
rune
Southerly by said atone wall, by two courses, forty -and 62 /100
(40.82) feet, and fifty-eiht and
2310 (5623)
feet to a corner, still,
in the stone wall,
by a stone wall, and still b; land of said Merrill, one hundred as
enty -nine and 16/100 (179.16) feet to land now or formerly of Fran
A., and Margery F. Lanzillo, thence the line turns and runs Soothe
said land of hole iinothenstone wall, thenceithealineSturns (and
s
runs 4asterly, Southeasterly and Southerly by a stone wall, and la
now or formerly of Loring W. Hamm, by several courses to the cente fo
of the ty- three one hundred (43.77)ifeet, thirtydand /11 /luO (30.11) feet,
three hundred nineteen and 44/100 (319.44) feet; and eighty and
64/100 (60.E4) fast, thence the line turns and runs Southeasterly
by the center of the Brook, and land now or formerly of said Hamm,
and land of McLucas, and the Town of Reading, one hundred forty -fi
and 20 /100 (145.30) feet, one hundred and 30/100 (100.30) feet,
thence the line turns and runs Easterly by land of the Town of Rea
ing, and a stone gall, two hundred forty -eigbt and 35 /lOU (248.35)
feet thence the line turns and runs Northeasterly still by land of
the sown of Heading, and said stone wail, by two courses, sixty anc
72/100 (50.72) and eleven and 86 /100 (11.86) feet to Rice Road, the
the line turns and runs generally Northerly on said Rice Road, by
several courses, three hundredthirty and 06/100 (330.06) feet, eigl
ty -five and 26/100 (85.26) feet, three hundred ei hty -four and
raj /100 (384.67) feet, and sixty and 24/100 (60.24 feet, thence thi
line turns and runs Northerly and masterly by the curved junction
said Rice Road, and Forest Street, forty -six and 62/100 (46.62) fei
thence the line continues iesterly on said Forest Street, seven hw
dred one and 34/100 (701.34) feet to a corner, at land now or form,
ly of Clarence DeMar, et ux, thence the line turns and runs Southe;
on formerly land2 no) wfort
formerly of Degar, thirty - tbree (33) feet to a stone wall, and Ian,
now or formerly of DeMar, eight anc 90/100 (6.90) feet to Forest
Street, thence the line turns and runs '�esterly on said forest Str
forty -four and 25/100 (44.25) feet to a stone bound, thence the li
continues 7testerly on said Forest Street, ninety -seven (97) fed to
point of beginning.
Containing 12.726 acres according to saidplan.
Consideration for this conveyance is lees than one hundred ($10U.
dollars, therefore no federal revenue stamps are required.
Meaning and intending to convey all right, title and interest re-
maining in the Fathers and Kothers Club, Inc.; in a deed from Ben
min L. Spiller, et al, to Fathers and mothers Club, dated April 2
1910, and recorded in Middlesex South uiatrict Registry of Deeds,
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7304
PAGE
28
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Book 3517, Page 130. This conveyance, excepts that portion of the
land with the buildinfgs thereon, heretofore conveyed by the ftther
and *Others Club, Inc. to Robert P. Williamson, dated April 28,
1832, and recorded in Middlesex South District Deeds, Book 5639,
Page 588, and is in accordance with Paragraph $1 of the Final De-
cree in Middlesex Superior Court in Equity, $14530.
Specifically including in thus transfer all furniture and mquipmen
on the granted premhes.
i1l�Iwl iAiYOD �uaa.rvs,
its name and seal to be hereunto affixed by Elizabeth 8. Ramseyer,
its 'Treasurer, this 30th day of June 1948.•
TATBBRfl :AND MOTS= CLUB, INC-
By'. !'� y ww� l J w
real er
COMMONWEALTH OF MASSACHUSETTS.
M.
Middlesex, se June 19,
Then personally appeared the above named Elizabeth SL Remaryi
Treasurer, and acknowledged the foregoing i.nstrutient to be. Mir
l
act and deed of the Fathers and Mothers Club, Inc, befor' •
h...
td & entered for record June 30s.1948 at 1h. 46m. P.M. #220
Knout •uld AM b -1010V
that we, ItMIAM R. SMSM end VIS 9- SIBMSON, his wife in her own right
Of Newton Middlesex County, Massachusetts
hereinafter called the mortgagor
for consideration paid, grant to
Ashton Realty CO., a Massachusetts corporatiou" having a usual place
of business in Boston, Suffolk County' Mass"husetts
hereinafter called the mortgagee
with mortgage covenants to secure the payment of
MMWT= THOUSAND DOLLARS (117,000) - - - - - - - - - - - -
r
in four (,4) months from this date, with interest payable each•and every two months
t
during said term,
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Re Tvmmnnux¢ttlf4 of IRttsourhuer##s
t ft #nomn that whereas. ............................,.. .............
Rauding..06=011 Or..Girl SRoute, ..1naw ..... .,• ••
a corporation _organs «ed se>,dcr the.._taws of _ibis Co »smomutaltb, at a meeting
called for the purpose, has complied with the provisions of section ten of
chapter one hundred and fifty -five of the General Laws, Tercentenary ,edition,
as amended, as appears from articles of amendment, duly executed by the
proper officers of said corporation, authorizing said corporation to change its
name and adopt the name of................ .. ................................... .........................
Caus�oi]. ,.for...Girle., Iaac ................... ...........
duty approved and filed in this office, and the officers of said corporation
having given public notice of such change of name by ptsblicatiota two tines
in the ................... Readiag,. Cbrmicle .................................................... ..........
a nesyspaper published in the ....,. t» wn-- .... of ........ Rimdiug . ....................... and
Comity of ........... Midd3AMOX ...........................its said Commonwealth:
*pW, �btu4oct, I, KEVIN H. WHITE, Sccrctary of The Connnonwealth
of Massachtsselts, bo butbp tt M?# drat as af...•.M!!?�'ch 2b, 196 .............
the name wbicb ' said corporation shall bear is . .................. . .:.............................
......... • ...............I— .— .R**dirrg..Caunai1.. far.. G1rla,-J no,. ................ ...........
which shall hereafter be its legal name.
Witnegg nsy offieial signature hereunto subscribed, and the
Great Seal of The Coueuioinvealth of Massachusetts
hereunto affixed, This ...... tw .*nty -msszth ...................
day of ............. Mareli.................. I.in the year Al Our
,Lord one thousand vine bitudred and ... ei%t.7,AkMae.
Secretary of the Cominontvealth.
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4 M"BACHUSE"N OUITC4AJM 01190 .. CORPORA710N (LONG FORM) 705
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cv Reading Council for Girls, Incorporated,
F a corporation duty established under the laws of Massachusetts
j and having its usual plain of business at 46 Highland Street, Reading,
{I c Middlesex County, Massadrusetts
._ _-
�; for consideration paid, and in full consideration of Two Hundred Forty -two Thousand and no/100
- - - - - -( $242,000.00)----------- --- -- - -- - -- Dollars
tsto ^ Sunrise Homes, Inc. a Massachusetts corporation duly organized
rlaw having its usual place of business at
and
Vi 114 Boston Street, North Andover, Essex County, with qutula(ttt s7ntrr Rata
°a theland io Reading being shown as Lots 1, 2, 3, 4, s, 6, 7, 8, 9, and 10 on a plan
entitled "Plan of Land in Reading, Mass" dated December 10, 1983, Hayes Engineering
Inc., Civil Engineers 6 x<3 ft'I!°1PRAgixx7 sesr96id5otasl land Surveyors to be
recorded herewith and bounded and described as follows:
d
yNORTHWESTERLY by Forest Street, in two courses measuring
respectively seven hundred seventy -eight
and 59/100 (778.59) feet and Ninety -seven
c and no /100 (97.00) feet;
WESTERLY by land now or formerly of Francis B. Hunt,
.°-
as shown on said plan, in two courses measuring
•o
respectively, forty and 82/100 (40.82) feet and
fifty -eight and 23/100 (58.23) feet;
of
NORTHWESTERLY by said land of Hunt, as shown on said plan,
cc�
one hundred seventy -nine and '16/100 (179.16)
feet;
WESTERLY by land now or formerly of Frank A. and
ui Margery F. Lanzilio, as shown on said plan,
one.hundred thirty -five and 47/100 (135.47) feet;
SOUTHERLY AND
N SOUTHWESTERLY by land now or formerly of Fyfe, as shown on
said plan, in two courses measuring respectively
one hundred fifty -three and 50/100 (153.50) feet
and forty -three and 77/100 (43.77) feet;
0
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SOUTHEASTERLY by a parcel designated "Remaining Rand" as
shown on said plan, in three courses measuring
respectively one hundred forty -eight and 34/100
(148.34) feet, three hundred sixty -eight and
65/100 (368.65) feet and three hundred twenty-
five_and 851100 (325.85) feet;
EASTERLY on a curving line by a way shown as Rice Road
on said plan, In two courses measuring respectively
one hundred thirty -one and 40/100 (131.40) feet'
and sixty and 241100 (60.24) feet; and.
4.
NORTHEASTERLY on a curving line having a radius of twenty (20)
feet, forming the intersection between said Rice
Road and Forest Street, forty -six and 62/100
(46.62) feet.
Containing together 204,947 square feet of land, according to said plan.
Being a portion of the premises conveyed to Reading Council of Girl Scouts
Incorporated (the name of which has been changed to Reading Council For Girls
Inc.,) by deed of The Fathers and Mothers Club Incorporated, dated June 30,
1948 and recorded with Middlesex South District Registry of Deeds in Book 7304,
R Page 281. See also deed from Town of Reading dated July 25, 1983 and recorded
with said Deeds in Book 15132, Page 203 and deed from Pallotta and Son Development
„ inc., dated October 26, 1983 and recorded with said Deeds in Book � -;( 0 Page 5/�9
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A15481PGib3
Said premises are conveyed subject to the rights of the grantor, for the
benefit of the parcel designated "Remaining Land" on said plan recorded herewith,
_...._._.. ....... ...___to._ build, _ utilize,.._.. renovate._or_repiace..a_ building - to- be_constructed.._ on, said parcel_...._
and operated for recreational, educational or charitable purposes.
Said premises are conveyed subject to a water, drainage and utility easement,
30' in width, running in a southerly direction from Forest Street, as shown on
said plan recorded herewith. Said easement shall be for the benefit of the
Remaining Land, and shall be for the purpose of installing, operating and main-
taining all water, drainage, sewer and other utility lines, whether above ground
or below ground and all supporting structures therefor, necessary and appropriate
for the construction and maintenance of one or more buildings to be constructed on
the Remaining Land.
�y \�
COMMONWEALTH OF MA-SAC' '+
HAVI V84
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logo
8K 15 48 1 N I b 4
In nlftegg to4ertgf, the said Reading Council For Girls, Inc.,
has caused its corporate seat to be hereto affixed and these presents to be signed, admowledged and
delivered in its name and behalf by Priscilla N. Grover,
its President hereto duly authorized, this / -2
.......... . . .. .
day . 0 1 f a" in the year one thousand nine hundred and eighty—four.
Signed and sealed in presence of Rea0ing_.Q.u=jljar..Mr1s__ Inc-
.. ............................... ......I ............. I ...... by &gsej �I�N %ho/v er_, Preside _� -Aa_&Mg4f
STATE OF FLORIDA
ss. ega__t 19 a
'then personally appeared the above named Priscilla N. Grover, President
and acknowledged the foregoing instrument to be the free act and deed of the Reading Q.1
.05 or"'C".
Girls, Inc.,
before me
NOW Publi t-W.'i
9X
My coaunission, expires
lq() FARY r')4 I C r%.N AT LARM
6 1984
10NOW UVW
CHAPTER 183 SEC, 6 AS AMENDED BY CHAPTER 497 op 1969
Every deed presented for record shall contain or have endorsed upon it the full nwne, residence and post office Idarm of the A—tft
sad a recital of the amount Of the full consideration thered in dollars or the nature of the other consWerttlon therefor, if not delivered for
a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any Liens or encumbraAM
SMUMOd by the grantee of remaining thereon. All such end0n=cots and recitals sball be neardea as pen of the dtt& FXUUM to comply with
this section shall not affect the VAlWtY of any deed. No resister of deeds sW accept a deed for recording unless it is in compliance ,with
the regaltesoents of this section.
SK 15481 PGIb5
READING COUNCIL FOR GIRLS, INC.
Special Meeting of the Directors
November 22, 1982
i
Pursuant to due call a special meeting of the directors
of the Reading Council for Girls, Inc. was held at 7 Woodland
Street, Reading, Middlesex County, Massachusetts, on November
i
22, 1982 at 7:30 p.m. The President presided and the secretary
kept the minutes.
i
After discussion and upon motion duly made and seconded,
it it was unanimously
VOTED: That Priscilla N. Grover, President, was authorized
j to act in behalf of the Reading Council for Girls,
1� Inc. to enter into a purchase and sale agreement
'{ for the sale of a portion of the land owned by the
Reading Council for Girls, Inc. abutting on Forest
,i Streeet, Reading, Middlesex County, Massachusetts,
1 for $242,000.00 and to sign and execute on behalf
of the Reading Council for Girls, Inc. a deed conveying
title to said premises and to sign and execute any
other documents necessary to consummate the sale of
said property to be sold which contains approximately
205,000 square feet of land, more or less.
IiI, Margery S. Biscomb, do certify that I am the duly
! constituted secretary -clerk of the Reading Council for Girls,
Inc., a incorporated body with headquarters in Reading, Middle-
sex County, Massachusetts, that the foregoing is a true copy
of the vote passed at the meeting as aforesaid, that Priscilla
N. Grover is president of the Reading Council for Girls, Inc,
that nothing in the By -Laws in any way limits the authority
of the said President and Secretary--clerk to perform the acts
specified in the above vote, and the full Board of Directors
has also unanimously voted to take the action specified in
the above vote.
A true copy attest �» `nl�' -* S • 1 `�
MAR— GERY BISCOMB,
Secretary -Clerk
I
COMMONWEALTH OF MASSACHUSETTS 1984
MIDDLESEX., SS. FEBRUARY 29,
+j Then personally appeared MARGERY S. BISCO 3�Cietary �lark
II of the Reading Council for Girls, Inc. and a n +�}�d'g v e -3're-
going to be
her free act and deed, before me..: O . • �`y� •..ti
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Middlesex, ss.
COMMONWEALTH OF MASSACHUSETTS
Town of Reading
Board of Selectmen
0 E OF TAILING
WHEREAS, the Board of Selectmen ('Board ") of the Town of Reading, a municipal
corporation located in Middlesex County, Commonwealth of Massachusetts, having
' determined and adjudged that common convenience and necessity require that Town public
ways be laid out under the provisions of law authorizing the assessment of betterment's and in
the location hereinafter described, which is substantially the present location of a private way
known as Rice Road, and having complied with the preliminary requirements of law relating
thereto did, on the 5th day of April 1994, lay out such ways accordingly, and duly filed its
report thereof with the boundaries and measurements of the same in the Office of the Town
Clerk of Reading on the 4th day of April 2003 and,
WHEREAS, at the annual Town Meeting duly called, warned, and held on the 8th day of
May 2003, in accordance with provisions of law applicable thereto, it was voted to reaffirm the
vote of 1994 Town Meeting: to accept the report of the Board laying out said Town public
ways under the provisions of law authorizing the assessment of betterments; to accept the
laying out of said ways as therein set forth; and to authorize the Board to take such lands in fee
or rights of easement therein by eminent domain under the provisions of Chapter 79 of the
General Laws of Massachusetts and made an appropriation therefore in the amount of one.
dollar ($1.00).
ORDERED: That the Town of Reading, acting by and through its Board of Selectmen
by virtue of the power and authority conferred upon it by Section 2 of Chapter 79 of the
General Laws of Massachusetts, and acts in amendment thereof or in addition thereto and every
other power and authority hereto enabling, including Chapter 82 of the General Laws of
Massachusetts, and having complied with all the preliminary requirements prescribed by law,
and does hereby take in fee for public use thereof including the purposes of passing and
repassing by foot or vehicle, under the provisions of Chapter 79 of the General Laws, in the
name and on behalf of the Town of Reading, the following described land, upon which
roadways have been constructed ( "Premises "), situated in the Town of Reading in the County
of Middlesex and Commonwealth of Massachusetts, bounded and described as follows:
Beginning at a point on the southerly sideline of Forest Street, said point being a stone
bound;
Thence S 38° 02' 10" W, a distance of 73.73 feet to a point;
Thence S 190 03' 40" W, a distance of 97.97 feet to a point of curvature;
Thence, by a curved line to the left, having a radius of 720.00 feet, a distance of 364.42 feet to
a point;
{11111111111
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Bk: 40900 P9: 572
Recorded: 09/1612003
Rbcurnent: 00001972 Page: 1 of 4
Thence S 09° 56' 20" E, a distance of 87.20 feet to a point;
Thence S 04° 23' 30" E, a distance of 311.48 feet to a point;
Thence S 58° 25'30" W, a distance of 44.97 feet to a point;
Thence N 04° 23' 30" W, a distance of 330.08 feet to a point;
Thence N 09° 56' 20" W, a distance of 85.26 feet to a point of curvature;
Thence, by a curved line to the right, having a radius of 760.00 feet, a distance of 384.67 feet,
to a point;
Thence N 19° 03' 40" E, a distance of 60.24 feet to a point of curvature;
2ILence by a curved line to the left, having a radius of 20.00 feet, a distance of 46.62 feet to a
point on the sideline of Forest Street;
Thence along the sideline of Forest Street N 651 30' 00" E, a distance of 134.90 feet to a point,
said point being the point of beginning of this description.
The above described lines being more fully shown on a plan entitled "Town of Reading,
Massachusetts, Department of Public Works Street Acceptance Plan, Rice Road ", dated
December 1993, a copy of which Plan is to be recorded herewith.
Said above - described land is owned by or supposed to be owned as listed in Attachment A.
Meaning and intending to take hereby the above Premises, howsoever the same may be
bounded and described, and including any and all fee interest therein.
AND IN LIKE MANNER, for the same purposes and by virtue of the same powers, the
Town of Reading, acting by and through its Board of Selectmen, does hereby Order the taking
of and does hereby take in the name and for the benefit of the Town of Reading, for the
purposes of said acts and provisions, all wires, cables, conduits, pipes, and their appurtenances
used for the conveyance of water and sewage now lawfully in or upon said Premises. This
Order of Taking does not include any easement of record on, over, under, across, or through
said land where the Grantee is not the Town of Reading.
50.�a
v
WITNESS our hands and seals this 2nd day of September A.D. 2003.
TOWN OF READING
BOARD OF SELECTMEN
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. 2003
Then personally appeared the above - named George V. Hines, Richard Schubert, Gail F.
Wood, Camille W. Anthony, and Matthew Cummings and acknowledged the foregoing to be
the free act and deed of the Board of Selectmen of the Town of Reading before me,
��? 4
My commission expires,
Public
23 ) ael 6
50.3
Attachment A
Being a portion of the same Premises described in a deed from Fathers and Mothers
Club, Inc. to Reading Council of Girl Scouts, Inc. dated June 30, 1948, and recorded at the
Middlesex South Registry of Deeds at Book 7304, Page 281, containing 8.02 acres and further
described as Assessor's Map 128, Lot 1.
Being a portion of the same Premises described in a deed from Kent W. England and
Janet F. England to Andrew A. Catalan and Jennifer B. Catalan dated May 25, 1994, and
recorded at the Middlesex South Registry of Deeds at Book 24563, Page 265, containing
10,989 square feet and further described as Assessor's Map 128, Lot 23.
Being a portion of the same Premises described in a deed from Glen A. Conlin and
Susan M. Conlin to Daniel S. Fantasia and Julie A. Palumbo dated October 30, 1998, and
recorded at the Middlesex South Registry of Deeds at Book 29310, Page 375, containing
13,127 square feet and further described as Assessor's Map 136, Lot 12.
Being a portion of the same Premises described in a deed from Donald F. Johnston &
Company, Inc. to Stephen J. Karkos and Brenda T. Karkos dated March 5, 1993, and recorded
at the Middlesex South Registry of Deeds at Book 22964, Page 272, containing 14,668 square
feet and further described as Assessor's Map 136, Lot 21.
Being a portion of the same Premises described in a deed from Donald F. Johnston &
Company, Inc. to Roy A. Condon and Camille Condon dated October 14, 1993, and recorded at
the Middlesex South Registry of Deeds at Book 23769, Page 397, containing 13,935 square
feet and further described as Assessor's Map 136, Lot 34.
Being a portion of the same Premises described in a deed from Robert W. Connor and
Linda Ann Connor to George S. Penna and Anne A. Penna dated November 5, 2001, and
recorded at the Middlesex South Registry of Deeds at Book 34084, Page 2. Containing 44,121
square feet and further described as Assessor's Map 136, Lot 35.
Being a portion of the same Premises described in a deed to Fle-a Nor Z. r�trn�A�2_
recorded at the Middlesex South Registry of Deeds at Book) , Page �• Containing
x.25 o�LreS See a�
sge-€ee� and further descri ed as Assessor's Map 136, Lot 10. so r
cer� ;�ca�e c dead, o From �o.�Qk) 'M,dd�ese�C
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LEGAL NOTICE -
TOWN OF READING
To the Inhabitants of the Town
of Reading:
Please take notice that the
Board of Selectmen of the
Town of ,lR'eading 'will 6old_,A
public hearing on May 16,
2017 in the Selectmen's
Meeting Room, 16 Lowell
Street, Reading,
Massachusetts on:
• Amend the FY17 Non Union
Classification I and
Compensation Plans at 8:00
p.m.
* Approve the FY18 Non
Union Classification and
Compensation Plans .at 8:05
p.m.
A copy of the proposed docu-
ments regarding :these topics
are available in the Town
Manager's office, 16 Lowell
Street, Reading, MA, M -W-
Thurs from 7:30 'a.m. - 5:30
p.m., Tues from 7:30 a.m. -
7:00 p.m. and is attached to
the hearing notice on the
website at
www.readingma.gov
All interested parties are invit-
ed to attend the hearing, or
may submit their comments in
writing or by email prior to
6:00 p.m. on May 16,2017 to
townmanager @c[,reading.ma
By order of
Robert W. LeLacheur
Town Manager
5.9.17
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Town of Reading
Employee Handbook &
ID
Personnel Policies
Revised May 2017
We are not a team because we work together.
We are a team
because we respect, trust, and care
for each other.
f Up
Table of Contents
Article
Description
Page
Article
Description
Page
1
Authorization
4
8
Change of Employment Status
24
2 ' I Personnel Philosophy
3 1 Definitions
4 8 Transfer, promotion, layoff, resig- 24-
nation & retirement 26
6
9 Benefits & Working Conditions 26
4 Applicability 7
5 Administration... includes hiring, 7 -11
reviews, and records
6 Classification & Compensation 11-
7 Employee Guidelines 14
7 Nepotism, harassment, conflict of 14-
interest, drug free workplace, 24
smoke -free workplace, progressive
9 ILeave information, holidays, vaca- ( 26-
tions, insurance benefits ,etc.
10 Disciplinary Action 42
11 Complaint Procedure 42
12 Electronic Communication and 43
13 Solicitations & Distributions 45
14 Conflict with Civil Service 46
5�3
TOWN OF READING, MASSACHUSETTS
PERSONNEL POLICIES (9
ARTICLE 1: AUTHORIZATION
The following policies are adopted by the Board of
Selectmen pursuant to their authority under Sec-
tion 3 -2 of the Reading Home Rule Charter, and un-
der Article 4, section. 4.1.5 of the General Bylaws
of the Town of Reading.
ARTICLE 2: STATEMENT OF PERSONNEL PHILOSOPHY
The Town of Reading has as its goal the provision of
excellent, cost effective and efficient services in a
manner that is honest, ethical and fair to residents
and employees.
The Town through the Board of Selectmen has
adopted and may periodically amend a Mission
Statement, Vision, and values that are expected to
guide the behavior of Town employees. The Town
Manager will inform new employees and remind
ongoing employees of these important statements.
Quality of service and excellence in customer ser-
vice are the Town's standards, and acting through
the Town Manager, the Town has the right and re-
sponsibility to plan, direct and control the Town's
business, operations and workforce to achieve
these goals. In exercising these rights and responsi-
bilities, the Town has developed and adopted these
Personnel Policies.
THESE PERSONNEL POLICIES, AND OTHER RULES AND REGU-
LATIONS THAT MAY BE ADOPTED FROM TIME TO TIME AND
THAT ARE AVAILABLE FROM THE TOWN MANAGER, ARE
GUIDELINES WHICH THE TOWN MAY OR MAY NOT FOLLOW
AS IT DEEMS APPROPRIATE. THESE GUIDELINES ARE NOT
INTENDED TO AND DO NOT CREATE A CONTRACT OF EM-
PLOYMENT BETWEEN THE TOWN AND TOWN EMPLOYEES.
THESE POLICIES MAY BE UNILATERALLY MODIFIED BY THE
TOWN THROUGH A PUBLIC HEARING WITH THE BOARD OF
SELECTMEN.
The purpose of this statement is to develop a per-
sonnel philosophy for employees of the Town of
Reading in order that the Town may strive to attain
its goals.
Town employees will be hired on the basis of
qualifications, experience, and departmental fit.
• The Town will strive to pay salaries that are eq-
uitable in relation to the complexity and re-
sponsibility of the work performed, and to
maintain comparable pay for comparable work
within the Town workforce.
• The Town will strive to maintain a competitive
position in the employment market and thereby
attract and retain competent employees
through periodic performance reviews, reviews
of classification and compensation plans, and
benefits packages.
• The Town will strive to stimulate and reward
high -level performance by providing an annual
classification and compensation plan approved
by the Board of Selectmen, published on our
website.
• Employees will receive a copy of the current job
description and Personnel Policies when they
are hired or be directed to our Town website
where they are available. When such job de-
scriptions and /or policies are developed, re-
vised or adopted, each affected employee will
receive written notification. Employees will be
encouraged to develop professionally to the
extent of their interest, capability and the
needs of the Town.
• Responsibility within a Department or Division
will be delegated to the minimum level at which
the task can be accomplished.
• Current employees will be made aware of job
openings through e-mail and job board
postings. In -house promotion and /or transfer
will be considered where it would be of benefit
to the employee and the Town. Over - staffing
will be avoided. Temporary peaks in workload
will be filled, where possible, with temporary
help. Regular staff will be the minimum needed
5 e�'
The
municipal structure. The building housed Town offices, a jail and fire station until 1918 and was listed on
the National Register of Historic Places in 1984.
to meet normal work - loads. All staffing is sub-
ject to availability of funds.
Employees are entitled to know what is ex-
pected of them in their job and to have their job
performance periodically evaluated by their su-
pervisors. A personnel performance plan based
on a written job description will be developed
with each employee and distributed at the close
of each fiscal year.
Where possible, or where desirable, staff will be
shared between Departments and /or Divisions
to provide the most effective use of staff.
Employees will be encouraged to participate in
cross functional training as much as possible
within their Department or Division so that they
may temporarily fill other positions as needed.
Where possible, considering all experience and
qualifications being equal local residents will be
given preference for employment with the
Town.
Equal Opportunity Employer
A
The Town and its employees will not discriminate in
any way against employees or members of the pub-
lic based on race, color, religion, gender, sexual ori-
entation, gender identity or expression, national
origin, age, genetic information, disability, or veter-
an status, or any other characteristic protected by
local state or federal law. The Town of Reading pro-
vides equal employment opportunities (EEO) to all
employees and applicants for employment without
regard to race, color, religion, sex, national origin,
age, disability or genetics or any other characteris-
tics protected by local state or federal law. In addi-
tion to federal law requirements, the Town of Read-
ing complies with applicable state and local laws
governing nondiscrimination in employment. This
policy applies to all terms and conditions of employ-
ment, including recruiting, hiring, placement, pro-
motion, termination, layoff, recall, transfer, leaves
of absence, compensation and training.
5�5
ARTICLE 3: DEFINITIONS
Section 3.1 Appointing Authority The position re-
sponsible under the Reading Home Rule Charter for
the hiring and firing of employees.
Section 3.2 Charter The Town of Reading's Home
Rule Charter as adopted March 24, 1986 and any
subsequent amendments.
Section 3.3 Continuous Service Employment with-
out interruption, excluding authorized vacation, mil-
itary leave, paid leave or leave under the Family and
Medical Leave Act.
Section 3.4 Department Any department of the
Town subject to this policy.
Section 3.5 Department Head The officer having
immediate supervision and control of a department
or, in the absence of such officer, the Town Manag-
er.
Section 3.6 Employee
3.6.1 Regular Employee
An employee who has successfully
completed the prescribed probationary
period. A regular full time employee
provides full time services and is com-
pensated at full pay and benefits for
the assigned position. An individual employed for
not less than thirty -seven and one -half (37 1/2)
hours per week for fifty -two (52) weeks per year,
minus legal holidays, paid vacations and other au-
thorized leaves of absence. The Town Manager
may, based on special circumstances, designate a
different number of hours per week as full time. A
regular part time employee provides less than full
time service, and is compensated in proportion to
the amount of service provided.
ered temporary employees. Temporary employees
are not entitled to benefits unless they meet the
federal requirements under the Affordable Care Act.
https: / /www.dpc .senate.gov /healthreformbiII/
healthbill04.pdf
3.6.4 Exempt Employee
An employee having significant responsibility for
formulating and administering policies and pro-
grams of the Town and for directing the work of
subordinates by lower level supervision; any em-
ployee having the authority to exercise independent
judgment, or to effectively recommend any action
to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward or discipline other em-
ployees, or to direct them to adjust their grievances,
if the exercise of such authority is not merely rou-
tine or clerical in nature but requires the use of in-
dependent judgment and discretion.
An exempt employee is not entitled to
receive overtime compensation, in
accordance with state and federal law.
Exempt status is indicated in the job
description.
3.6.2 Introductory Period
An employee is required to complete an introducto-
ry period of six (6) months to one (1) year based on
the particular position.
3.6.3 Temporary Employee
An employee who possesses the minimum qualifica-
tions for a particular position and has been appoint-
ed to a position for a limited scope or duration.
Seasonal workers and co -op students are consid-
r,
3.6.5 Non - Exempt Employee
Non - exempt employee is entitled to
receive overtime compensation, as indicated on the
job description and in compliance with state and
federal law. Non - exempt status is indicated in the
job description.
Section 3.7 Human Resources Director
The employee appointed by the Town Manager to
administer the personnel functions of the Town, or
in the absence of a Human Resources Director, the
Administrative Services Director.
Section 3.8 Position
An office or post of employment in the Town's ser
vice with duties and responsibilities calling for full
time or part time employment in the performance
and exercise thereof.
Section 3.9 Town The Town of Reading.
ARTICLE 4: APPLICABILITY
Unless specifically and otherwise excepted, wholly
or in part, by statute, collective bargaining agree-
These Policies apply to all positions, except those
noted in the above paragraph; however, the author-
ity of appointment shall be modified as follows:
• In the Library Department, the Board of Library
Trustees shall be responsible for hiring and firing
of personnel. [See Town of Reading Home Rule
Charter, Article 5. Town Manager, Section 5 -2,
Powers and Duties (b).]
• In the Finance Department, the Board of Asses-
sors may appoint an Appraiser and an Assistant
Assessor [See Town of Reading Home Rule Char-
ter, Article 3, Elected Officers and Boards, Sec-
tion 3 -6, Board of Assessors.]
goals established by the Town, and to the Ameri-
cans with Disabilities Act (ADA).
These policies shall be administered by the
Town Manager and Human Resources Director. De-
partment Heads are responsible for the implemen-
tation of policies and procedures as established and
as directed by the Town Manager.
Section 5.1 Hiring
5.1.1 Verification
The Department that proposes to hire an employee
must first verify with the Town Manager that:
Funds for the position are provided in the approved
budget.
The position has been approved by the Town Man-
ager and there is a need for the position.
The position has been included in the Classification
Plan.
5.1.2 In -House Promotion
ARTICLES: ADMINISTRATION
This Article spells out the method of employing indi-
viduals to work for the Town, and deals with recruit-
ment, screening, appointment, orientation/
onboarding and introductory period. These meth-
ods shall be adhered to, where applicable, unless
there is a specific waiver from the Town Manager.
It is the Town's intent that this recruitment, employ-
ment, promotion and transfer policy ensures that
every reasonable effort is made to attract qualified
persons and that selection criteria are job related.
All positions that become available will be filled giv-
ing full weight to Equal Employment Opportunity
7
5.1.3 Posting and Advertising
The Human Resources Director, in con-
sultation with the Department Head and
Town Manager, shall prepare the posting
and advertisement to solicit applicants. The Town
will, post the availability of a vacant position via in-
ternal e-mail. These e-mail postings shall be posted
by Department Heads in their respective Town
buildings for a period of five (5) business days.
Nothing shall prohibit the Town from advertising the
position at the same time that it is posted. Adver-
tisements shall be submitted by the Human Re-
sources Director to the media best suited to attract
qualified applicants adhering to Equal Employment
Opportunity goals.
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Old South United Methodist Church Weathervane
5.1.4 Application
Every applicant to be interviewed
will be required to fill out, in its
entirety, a Job Application Form
approved by the Town Manager.
Additional information may be
submitted by an applicant for em-
ployment, such as a professional
resume. To the extent possible,
Equal Employment Opportunity
data will be kept on each appli-
cant by the interviewer and, upon
completion of the hiring process,
will be forwarded to the Human
Resources Division.
5.1.5 Testing and Examination
Applicants may be required to
submit to a test(s) and /or exami-
nation(s), and to submit other in-
formation which is reasonably re-
lated to the job for which the ap-
plication is made.
5.1.6 Interview
As determined by the Town Man-
ager, each Department Head, de-
signee or the Human Resources
Director shall interview applicants
for the position within the Depart-
ment. This process will involve
looking at the criteria important
to filling the position in addition to
the best fit for the Department's
needs.
Unless instructed otherwise, the
Department Head or the Human
Resources Director will set a goal
of selecting not less than the top
I
three (3) candidates for each posi-
tion. The Human Resources Direc-
tor will schedule interviews for
these candidates with the Town
Manager and Department Head or
Representative. The Human Re-
sources Director will be responsi-
ble for checking references and
discussing hours of work, benefits,
the promotional opportunities,
and other aspects of the position
with the candidates. The final se-
lection will be made by the Town
Manager in consultation with the
Department Head or the Human
Resources Director. As part of
the interview process, nothing
shall preclude the use of a panel
of interviewers for any position
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5.1.7 Appointment
After all reference checks are complete, appoint-
ments shall be made by the Town Manager who
shall inform the successful candidate in writing of
the appointment including the starting date, salary,
benefits and union status. All appointments shall be
subject to the satisfactory completion of a pre-
employment physical examination (including a drug
and alcohol screen) by the Town Physician.
Other tests and examinations that may be required,
to the extent that they are related to the position
being filled, include but are not limited to, psychiat-
ric examinations, Criminal Offender Record Infor-
mation (CORI), as authorized by the Criminal Justice
Information System (CJIS), Sex Offender Registry
Board Information (SORB), and background checks.
These tests and examinations will only be done after
an offer of employment and the offer will be contin-
gent upon successful completion of the tests and /or
examinations.
Nothing herein shall be construed to permit hiring in
conflict with the Town's Equal Employment Oppor-
tunity and ADA Policies.
5.1.8 Pre - employment Physicals, Background and
Reference Checks
To ensure that individuals who join the Town of
Reading are well qualified and to ensure that the
Town of Reading maintains a safe and productive
work environment, it is our policy to conduct pre-
employment background checks on all applicants
who accept an offer of employment. Background
checks may include verification of any information
on the applicant's resume or application form, a LO-
RI (criminal offender record information) check and
in some cases a SORI (sex offender record infor-
mation). Although background checks may include a
criminal record check, a criminal conviction does not
automatically bar an applicant from employment. If
information obtained in a background check would
lead the Town of Reading to deny employment, a
copy of the report will be provided to the applicant,
and the applicant will have the opportunity to dis-
pute the report's accuracy.
Additional checks such as a driving record, SORI or
credit report may be made on applicants for particu-
lar job categories if appropriate and job related.
All offers of employment are conditioned on receipt
of the aforementioned checks, physical, and drug/
alcohol screen report that is acceptable to the Town
of Reading. All background checks are conducted in
conformity with the Federal Fair Credit Reporting
Act, the Americans with Disabilities Act, and state
and federal privacy and antidiscrimination laws. Re-
ports are kept confidential and are only viewed by
individuals involved in the hiring process.
The Town of Reading also reserves the right to con-
duct a background check for current employees to
determine eligibility for promotion or reassignment
in the same manner as described above.
5.1.9 Orientation /Onboarding
On or before the starting date, each new employee
will be given an orientation and will be introduced
to other employees. The new employee shall com-
plete the necessary forms for withholding, insur-
ance, pension and other forms needed. Each new
employee will be given a copy of the current Person-
nel Policies, applicable union contract, if any, and
other relevant information. Materials and forms
will be made available on our website and updated
periodically to reflect revisions in forms and updates
on benefits, rate sheets and periodic federal and
state mandated requirements.
Deputy Chief David Clark, Chief Mark Segalla and Lt. Christine
Amendola displaying the Police Department Accreditation
5.1.10 Introductory Period
Unless otherwise determined by law, or contract the
appointment of each employee shall be for an intro-
ductory period of six (6) months of employment for
purposes of evaluation prior to being assigned regu-
lar position status.
The introductory period may be extended for an ad-
ditional time up to three (3) months if performance
indicates such a need. Vacation time will accrue
(see section 9.14.1) but may not be used during the
probationary period without prior notification dur-
ing the interviewing process of time needed and the
approval of the Town Manager. Sick time may be
used during the introductory period with the follow-
ing restrictions:
• Only accrued sick time may be used (see Section
9.4).
• Sick time may only be used for personal illness
or injury.
• The Town may require the employee to submit a
letter from a regularly licensed practicing physi-
cian giving the prognosis of the illness or injury
before the employee shall be entitled to sick
leave with pay. All medical notes will be kept
confidential in a medical file separate from the
employee's personnel file.
Advancement of Sick Leave, the use of the Sick
Bank, Sick time for family illness, FMLA Leave, Leave
of Absence other than FMLA Leave, and Personal
Days are not available to employees during the in-
troductory period without Town Manager approval.
When absence is compensable under Worker's
Compensation Law, an employee may use accumu-
lated sick leave during the introductory period in
accordance with Section 9.4 of this policy.
10
The Town Manager may extend leave during the
introductory period only for special circumstances
where such an extension is warranted and request-
ed. Such an extension will not set a precedent in
any other case, and denial of such a request is not
subject to appeal.
5.1.11 Exit Interview
A confidential exit interview shall be conducted dur-
ing the final week of the employee's current posi-
tion by the Human Resources Director, Town Man-
ager or his /her designee. The purpose of an exit
interview is to:
Provide the departing employee with information
and assistance and to further good employee
relations.
Provide the Town with insight into Town personnel
and management practices.
Inform the employee about benefits and retirement
information.
Authorize the Town to provide a reference beyond
hire date, termination date and title through the
signing of a reference waiver.
Section 5.2 Job Description
The Town Manager or
---°- --- - °- - ---°~- Human Resources Director
will be responsible for
preparing and periodically
reviewing with the
==w-- Department Head an
-- appropriate job description
- - = ---- for each position using a
standardized form. An em-
ployee will have a copy of the job description for
his /her position. The Human Resources Division
shall be responsible for maintaining the current job
description. This description shall include, but not
be limited to, the following:
Classification Title, Department and Division,
Exempt /Non- Exempt, Union Status, General
Purpose, Supervision Received, Supervision
Exercised, Essential Duties and Responsibili-
ties, Peripheral Duties, Desired Minimum
Qualifications, Special Requirements, Tools
and Equipment Used, Physical Demands,
Work Environment and Selection Guidelines.
Sgt. Pat Silva at a John Street detail.
Section 5.3 Mandatory Reviews
All new, promoted, transferred or demoted employ-
ees will be reviewed for performance purposes no
later than six (6) months after assuming their assign-
ments as such period may be extended pursuant to
Section 5.1.10.
All new, promoted or transferred employees will be
reviewed for compensation purposes concurrently
with their performance review. If an employee is
retained, based on the performance review, the em-
ployee will be granted a salary increase of no less
than one step. The salary increase shall be effective
on the date of the completion of the probationary
period.
All salary increases in excess of 3 steps are subject
to prior approval of the Board of Selectmen.
Section 5.4 Maintenance of and Access to Person-
nel Records
The Town Manager shall direct the Human Re-
sources Director to keep personnel records for each
Town employee. These confidential records will be
kept in the Human Resources Office and only be ac-
cessed as allowed by law. The personnel records
shall contain:
• Application for employment;
• Records of FMLA, Military Leave, Small Necessi-
ties Leave and other requests for leave either
paid or unpaid;
• Commendations and complaints;
• Reference verification;
• Tests and other information required prior to
hiring;
• Professional development and other records ac-
cumulated during employment;
• Copies of performance evaluations;
• A record of any and all personnel actions taken;
• Copies of employee awards;
• Other pertinent information.
• All records will be kept in accordance with Fed-
eral, State and Local regulations.
The employee's personnel records shall be main-
tained up to date as reasonably practicable but in
every case material shall be filed within three (3)
months. Each employee shall have access to his /her
complete personnel records upon written notice of
five (5) business days to the Human Resources Di-
rector, Town Manager or designee. All information
in the personnel records shall be available in printed
or electronic format. The employee shall be notified
in writing when any information (except for routine
salary adjustments) is added to or removed from
his /her personnel records.
No employee shall have access to any other employ-
ee's personnel records except that a Department
Head shall have access to the personnel records of
any and all employees for whom the Department
Head is responsible.
Employee INS 1 -9 forms will be kept for a term of
three (3) years after termination in a separate file
according to Federal regulations.
ARTICLE 6: CLASSIFICATION AND COMPENSATION
PLANS
Section 6.1 Classification Plans
The Non -Union Classification Plan established and
modified from time to time by the Board of Select-
men according to Bylaw is hereby designated Sched-
ule A, and made a part hereof classifying by grade
and specific job title and assigning to pay grades cer-
tain exempt and non - exempt positions in the service
of the Town, other than those which are specifically
exempted according to Article 4 (Applicability). This
plan shall constitute the Classification Plan of the
Town within the meaning of Section 108A of Chap-
ter 41 of the General Laws.
A Seasonal Classification established and modified
from time to time by the Town manager is herby
designated Schedule A -2. Schedule A -2 shall specify
job titles and pay grades for temporary and seasonal
positions. The positions located on the Seasonal
Classification Plan are subject to Town Managers
approval and will be reviewed and adjusted within
the calendar year.
The job title and job description for each position
established by the Classification Plan shall be the
official title of the position and of the incumbent of
the position, and shall be used to the exclusion of all
others for all purposes relating to the position in-
cluding, but not limited to, payrolls and official rec-
ords.
Before any individual may be hired, transferred or
promoted into any newly established position, the
position must be included in the classification by job
title and pay grade. If the job position is not already
included in the Classification Plan, then the re-
questing department shall seek such classification
approval through the Town Manager in advance of
any request for funds.
The Town Manager may investigate and review the
work of any position subject to the provisions of this
policy and recommend reclassification of the posi-
tion as required.
Reclassification is the result of a re- evaluation of a
position to place it on the appropriate grade based
on an internal and external study or to recognize a
change in the duties and responsibilities of a posi-
tion. Reclassification shall not be used as a device
for promoting or demoting incumbents.
12
The Classification and Compensation Plans and job
descriptions shall be re- -
viewed on a periodic ba-
sis by the Town Manager
and Human Resources low
Director. The Town Man-
ager may recommend to the Board of Selectmen
correction of disparities that may have developed.
In proposing and implementing reclassifications, the
Town Manager shall consult with Department Heads
and Division Heads as appropriate.
No employee may be appointed to a position not
included in one of the Classification Plans.
6.1.2 Employee Classification Categories
All employees are designated as either nonexempt
or exempt under state and federal wage and hour
laws. The following is intended to help employees
understand employment classifications and employ-
ees' employment status and benefit eligibility. These
classifications do not guarantee employment for any
specified period of time. The right to terminate the
employment -at -will relationship at any time is re-
tained by both the employee and the Town of Read-
ing.
Non - exempt employees are employees eligible for
overtime compensation in accordance with state
and federal wage hour laws.
Exempt employees are generally managers or pro-
fessional, administrative or technical staff who ARE
exempt from the minimum wage and overtime pro-
visions of state and federal wage hour laws. Exempt
employees hold jobs that meet the standards and
criteria established under state and federal wage
hour laws.
The Town of Reading has established the following
categories for both nonexempt and exempt employ-
ees:
• Regular, full time: Employees who are not in a
temporary status and who are regularly sched-
uled to work the Town's full time schedule of
thirty -seven and one half (37.5) or forty (40)
hours per week. Generally, these employees are
eligible for the full benefits package, subject to
the terms, conditions and limitations of each
benefits program.
F2`�'
• Regular, part time: Employees who are not in a
temporary status and who are regularly sched-
uled to work less than the full time schedule but
at least twenty (20) hours each week. Regular,
part time employees are eligible for some of the
benefits offered by the Town subject to the
terms, conditions and limitations of each bene-
fits program.
• Temporary /Seasonal, full time: Employees who
are hired as interim replacements to temporarily
supplement the workforce or to assist in the
completion of a specific project and who are
temporarily scheduled to work the Town's full
time schedule for a limited duration. Employ-
ment beyond any initially stated period does not
in any way imply a change in employment sta-
tus.
• Temporary /Seasonal, part time: Employees
who are hired as interim replacements to tem-
porarily supplement the workforce or to assist in
the completion of a specific project and who are
temporarily scheduled to work less than the
Town's full time schedule for a limited duration.
Employment beyond any initially stated period
does not in any way imply a change in employ-
ment status.
Temporary workers are not eligible for Town bene-
fits unless specifically stated otherwise in Town poli-
cy or are deemed eligible according to plan docu-
ments or federal regulations related to the Afforda-
ble Care Act.
Section 6.2 Compensation
Plan
The Non -Union Compensa-
tion Plan established and
modified from time to time 1
by the Board of Selectmen
according to Bylaw is hereby designated Schedule B
and made a part hereof, establishing compensation
rates for each pay grade.
This plan may provide for rate progression through
the steps. The compensation range established for
any pay grade shall be the range for all positions as-
signed by job title to that pay grade. The rates set
forth in Schedule B shall constitute the Compensa-
Public Safety Dispatcher Joe Pagnotta
tion Plan of the Town within the meaning of Section
108A of Chapter 41 of the General Laws.
The Seasonal Compensation Plan established and
modified from time to time by the Town Manager is
hereby designated Schedule B -2.
This plan may provide for rate progression through
steps. The compensation range established for any
pay grade shall be the range for all positions as as-
signed by job title to that pay grade. The rates set
forth in Schedule B -2 shall constitute the Seasonal
Compensation Plan as set by the Town Manager.
6.2.1 Total Compensation
The rates shown in Schedule B shall constitute the
total remuneration for any position including pay in
any form unless a specific exception is noted. The
schedule does not include actual and authorized ex-
penses necessarily incident to the employment. No
employee shall receive compensation in any form
from more than one department, subject to waiver
by the Town Manager for specific circumstances.
6.2.2 Positions Funded by Grants
Individuals serving the Town, who are funded by
State or Federal programs, shall be compensated at
rates set forth in the Compensation Plan, unless the
program mandates another rate of pay.
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
recommended by the Town Manager which is nec-
essary to properly relate them to the appropriate
job title and pay grade in which they are to perform.
6.2.3 Cooperative, Training or Seasonal Employees
Cooperative or placement training college students
and seasonal employees serving the Town shall be
compensated at rates established by the Town Man-
ager.
6.2.4 Starting Pay Rates
Individuals shall be paid no less than the minimum
pay rate of the applicable grade. Consideration of a
starting salary above the minimum must be based
on skill and /or experience. Starting pay rates which
exceed Step eight (8) must have prior approval by
the Board of Selectmen.
6.2.5 Out of Classification
Pay
An employee who is assigned
in writing by the Department
Head or the Town Manager to
perform all of the job duties,
and not merely individual
tasks of a higher position, and
replaces an absent employee
for more than three (3) con-
secutive work days, shall be
paid at the lowest step in the
grade of the absent employee
that will ensure an increase of
5% over their base pay.
6.2.6 Overtime Compensation
week of the employee. The mutual agreement must
occur before the work is performed. Compensatory
time off may be accumulated to a maximum num-
ber of hours as an employee's regular work week
and must be scheduled by mutual consent of the
employee and the Department Head.
6.2.8 Compensatory Time for Exempt Employees
The Town recognizes that exempt employees are
often required to work in excess of thirty seven and
one -half (37 1/2) hours or forty (40) hours. Exempt
employees recognize that the nature of exempt
work is such that additional hours may be necessary
to accomplish the requirements and responsibilities
of the job.
Exempt employees are NOT
eligible for overtime pay.
In some circumstances,
compensatory time will be awarded for
special projects on a case by case basis,
with the Town Manager's approval.
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 (40) or thirty seven and
one -half (37 1/2) hours whichever is the regular
work week of the employee.
6.2.7 Compensatory Time for Non - Exempt
Employees
Exempt employees who
are required to work cov-
ering late evening
meetings may, with the
approval of their Depart-
ment Head, take equiva-
lent time within that same
pay period without
effecting their paid time
off banks. Any Depart-
ment Head requesting
compensatory time be
added to their Paid Time
Off bank (PTO) will need the approval of the Town
Manager and Finance Director. Requests should be
submitted to Human Resources for presentation and
approval of the Town Manager and Finance Direc-
tor.
Situations where exempt employees may not nor-
mally be eligible for compensatory time off may in-
clude, but are not limited to:
• sporadic extra time to keep projects on sched-
ule,
• extra time required to catch up on routine work.
Situations where exempt employees may qualify for
compensatory time with Town Managers approval,
include, but are not limited to:
• sustained extra effort where the employee is
requested by his /her Manager or the Town
Manager to work extra hours with little or no
.4 5e��
discretion on the employee's part as to whether
or not to work or to schedule the work at a
different time.
• additional hours generally worked under a pre-
determined planned schedule arranged in ad-
vance.
By mutual agreement between a Department Head
and an exempt employee, compensatory time is
available at a rate of hour for hour. Compensatory
time will be taken with the Department Head's ap-
proval at the convenience of the Department, and
no compensatory time will be carried over into a
new calendar year without the approval of the
Town Manager. In the case of Department Heads,
mutual agreement will be with the Town Manager.
The Department Head is responsible for managing
the excess compensatory time within their depart-
ment prior to calendar year end. Employees may be
required to use their compensatory time at the di-
rection of their Department Head to prevent budg-
etary carry overs. The Town Manager may approve
carry -over or buyout of time as the budget allows.
Section 7.1 Nepotism,
Employment of Relatives
and Personal Relation-
ships
The Town of Reading wants to ensure that Town
practices do not create situations such as conflict of
interest or favoritism. This extends to practices that
involve employee hiring, promotion and transfer.
Close relatives, partners, those in a dating relation-
ship or members of the same household are not
permitted to be in positions that have a reporting
responsibility to each other. Close relatives are de-
fined as husband, wife, domestic partner, father,
mother, father -in -law, mother -in law, grandfather,
grandmother, son, son -in -law, daughter, daughter -
in law, uncle, aunt, nephew, niece, brother, sister,
brother -in -law, sister -in -law, step relatives, cousins
and domestic partner relatives.
The Town of Reading strongly believes that a work
environment where employees maintain
clear boundaries between employee personal and
business interactions is most effective for con-
ducting business and enhancing productivity. Alt-
hough this policy does not prevent the development
of friendships or romantic relationships between
co- workers, it does establish boundaries as to how
relationships are conducted during working hours
and within the working environment.
Individuals in supervisory or managerial roles, and
those with authority over others' terms and condi-
tions of employment, are subject to more stringent
requirements under this policy due to their status as
role models, their access to sensitive information,
and their ability to affect the terms and conditions
of employment of individuals in subordinate posi-
tions.
7.1.1 Procedures
• During working time and in working areas, em-
ployees are expected to conduct themselves in
an appropriate workplace manner that does not
interfere with others or with overall productivi-
ty.
,.t 5QN5
• Employees are strictly prohibited from engaging
in physical contact that would in any way be
deemed inappropriate by a reasonable person
while anywhere on Town property, whether dur- •
ing working hours or not.
• Employees who allow personal relationships
with co- workers to adversely affect the work en-
vironment will be subject to the appropriate
provisions of The Town of Reading's disciplinary
policy, including counseling for minor problems.
Failure to change behavior and maintain ex-
pected work responsibilities is viewed as a seri-
ous disciplinary matter.
Employee off -duty conduct is generally regarded
as private, as long as such conduct does not cre-
ate problems within the workplace. An excep-
tion to this principle, however, is romantic or
sexual relationships between supervisors and
subordinates.
conflict -of- interest problem or potential risk is
identified, the Town of Reading will work with
the parties involved to consider options for re-
solving the problem. The initial solution may be
to make sure the parties no longer work togeth-
er on matters where one is able to influence the
other or take action for the other. Matters such
as hiring, firing, promotions, performance man-
agement, compensation decisions and financial
transactions are examples of situations that may
require reallocation of duties to avoid any actual
or perceived reward or disadvantage. In some
cases, other measures may be necessary, such
as transfer to other positions or departments.
If one or both parties refuse to accept a reasona-
ble solution or to offer of alternative position, if
available, such refusal will be deemed a volun-
tary resignation.
• Failure to cooperate with the Town of Reading
to resolve a conflict or problem caused by a ro-
mantic or sexual relationship between co-
workers or among managers, supervisors or oth-
ers in positions of authority over another em-
ployee in a mutually agreeable fashion may be
deemed insubordination and cause for immedi-
ate termination. The disciplinary policy of the
Town of Reading will be followed to ensure fair-
ness and consistency before any such extreme
measures are undertaken.
The provisions of this policy apply regardless of
the sexual orientation of the par-
ties involved.
With regard to the above paragraph, when a
Where doubts exist as to the
specific meaning of the terms
used above, employees should
make judgments on the basis of
the overall spirit and intent of this
policy.
Any concerns about the ad-
ministration of this policy should
be addressed to the Human Resources Director.
The Town of Reading reserves the right to apply this
policy to situations where there is a conflict or the
potential for conflict because of the relationship be-
tween employees, even if there is no direct-
reporting relationship or authority involved. The
Town reserves the right to remove an employee
from a position that may result in a conflict of this
policy.
7.1.2 Safety
It is the responsibility of each employee to conduct
all tasks in a safe and efficient manner complying
with all local, state and federal safety and health
regulations and program standards, and with any
special safety concerns for use in a particular area or
with a client.
Although most safety regulations
throughout each department and
program, each employee has the
responsibility to identify and famil-
iarize her /himself with the emer-
gency plan for his /her working ar-
ea. Each facility shall have posted
an emergency plan detailing pro-
cedures in handling emergencies
such as fire, weather - related
events and medical crises.
7.1.3 Accident Reporting
are consistent
safer work environment with the approval of the
Town Manager.
Section 7.2 Workplace Harassment and
Discrimination Prohibited
7.2.1 Introduction - Equal Employment Opportuni-
ty Statement
The Town of Reading provides equal employment
opportunities (EEO) to all employees and applicants
for employment without regard to race, color, reli-
gion, gender, sexual orientation, gender identity,
national origin, age, disability, genetic information,
marital status, amnesty or status as a cov-
ered veteran or any other characteristic pro-
tected by federal, state and local laws. Town
of Reading complies with applicable state
federal and local laws governing nondiscrimi-
nation in employment. This policy applies to
all terms and conditions of employment, in-
cluding hiring, placement, promotion, termi-
nation, layoff, recall, transfer, leaves of ab-
sence, compensation and training.
Furthermore, management requires that every per-
son in the organization assumes the responsibility of
individual and organizational safety. Failure to fol-
low company safety and health guidelines or engag-
ing in conduct that places the employee, client or
Town property at risk can lead to employee discipli-
nary action and /or termination.
The Health and Safety Committee shall have the re-
sponsibility to develop and the authority to imple-
ment the safety and health program including
worksite accident investigations, in the interest of a
17
The Town of Reading expressly prohibits any
form of unlawful employee harassment
based on race, color, religion, gender, sexual
orientation, national origin, age, genetic in-
formation, disability or veteran status or any
other characteristic protected by state, federal or
local law. Improper interference with the ability of
the Town of Reading employees to perform their
expected job duties is absolutely not tolerated.
7.2.2 Americans with Disabilities Act (ADA) and
the ADA Amendments Act (ADAAA)
The Americans with Disabilities Act (ADA) and the
Americans with Disabilities Amendments Act
(ADAAA), are federal laws that prohibit employers
with 15 or more employees from discriminating
against applicants and individuals with disabilities
and that when needed provide reasonable accom-
modations to applicants and employees who are
qualified for a job, with or without reasonable ac-
commodations, so that they may perform the essen-
tial job duties of the position.
It is the policy of the Town of Reading to comply
with all federal and state laws concerning the em-
ployment of persons with disabilities and to act in
accordance with regulations and guidance issued by
the Equal Employment Opportunity Commission
(EEOC). Furthermore, it is our policy not to discrimi-
nate against qualified individuals with disabilities in
regard to application procedures, hiring, advance-
ment, discharge, compensation, training or other
terms, conditions and privileges of employment.
The Town of Reading will reasonably accommodate
qualified individuals with a disability so that they
can perform the essential functions of a job unless
doing so causes a direct threat to these individuals
or others in the workplace and the threat cannot be
eliminated by reasonable accommodation and /or if
the accommodation creates an undue hardship to
the Town of Reading. Contact the Human Resource
division with any questions or requests for accom-
modation.
7.2.3 The Town of Reading's Anti- Harassment
Policy and Complaint Procedure
The Town of Reading is committed to a work envi-
ronment in which all individuals are treated with
respect and dignity. Each individual has the right to
work in a professional atmosphere that promotes
equal employment opportunities and prohibits un-
lawful discriminatory practices, including harass-
ment. Therefore, the Town of Reading expects that
all relationships among persons in the office will be
business -like and free of bias, prejudice and harass-
ment.
It is the policy of the Town of Reading to ensure
equal employment opportunity without discrimina-
tion or harassment on the basis of race, color, reli-
gion, gender, sexual orientation, gender identity,
national origin, age, disability, genetic information,
marital status, amnesty or status as a covered veter-
an or any other characteristic protected by state,
federal or local
law. The Town of
Reading prohibits
any such discrimi-
nation or harass-
ment.
The Town of
18
Reading encourages reporting of all perceived inci-
dents of discrimination or harassment. It is the poli-
cy of the Town of Reading to promptly and thor-
oughly investigate such reports. The Town of Read-
ing prohibits retaliation against any individual who
reports discrimination or harassment or who partici-
pates in an investigation of such reports.
7.2.4 Definition of Sexual Harassment, Workplace
Harassment and Discrimination
Definitions of Harassment
Sexual harassment constitutes discrimination and is
illegal under federal, state and local laws. For the
purposes of this policy, sexual harassment is de-
fined, as in the Equal Employment Opportunity
Commission Guidelines, as unwelcome sexual ad-
vances, requests for sexual favors and other verbal
or physical conduct of a sexual nature when, for ex-
ample
a) submission to such conduct is made either ex-
plicitly or implicitly a term or condition of an in-
dividual's employment;
b) b) submission to or rejection of such conduct by
an individual is used as the basis for employ-
ment decisions affecting such individual; or
c) such conduct has the purpose or effect of
unreasonably interfering with an individual's
work performance or creating an intimi
dating hostile or offensive working environ-
ment.
Sexual harassment may include a range of subtle
and not -so- subtle behaviors and may involve indi-
viduals of the same or different gender. Depending
on the circumstances, these behaviors may include
unwanted sexual advances or requests for sexual
favors; sexual jokes and innuendo; verbal abuse of a
sexual nature; commentary about an individual's
body, sexual prowess or sexual deficiencies; leering,
whistling or touching; insulting or obscene com-
ments or gestures; display in the workplace of sex-
ually suggestive objects or pictures; and other physi-
cal, verbal or visual conduct of a sexual nature.
Harassment on the basis of any other protected
characteristic is also strictly prohibited. Under this
policy, harassment is verbal, written or physical con-
duct that denigrates or shows hostility or aversion
toward an individual because of his /her race, color,
religion, gender, sexual orientation, national origin,
age, disability, marital status, citizenship, genetic
information or any other characteristic protected by
law or that of his /her relatives, friends or associates,
and that a) has the purpose or effect of creating an
intimidating, hostile or offensive work environment;
b) has the purpose or effect of unreasonably inter-
fering with an individual's work performance; or c)
otherwise adversely affects an individual's employ-
ment opportunities.
Harassing conduct includes epithets, slurs or nega-
tive stereotyping; threatening, intimidating or hos-
tile acts; denigrating jokes; and written or graphic
material that denigrates or shows hostility or aver-
sion toward an individual or group and that is placed
on walls or elsewhere on the employer's premises
or circulated in the workplace, on company time or
using company equipment via e-mail, phone
(including voice messages), text messages, tweets,
blogs, social networking sites or other means.
7.2.5 Workplace Harassment /Bullying
The Town of Reading defines bullying as "repeated
inappropriate behavior, either direct or indirect,
whether verbal, physical or otherwise, conducted by
one or more persons against another or others, at
the place of work and /or in the course of employ-
ment." Such behavior violates the Town policies,
which clearly states that all employees will be treat -
ed with dignity and respect.
The purpose of this policy is to communicate to all
employees, including supervisors, managers and ex-
lg
ecutives, that the Town of Reading will not tolerate
bullying behavior. Employees found in violation of
this policy will be disciplined up to and including ter-
mination.
Bullying may be intentional or unintentional. How-
ever, it must be noted that where an allegation of
bullying is made, the intention of the alleged bully is
irrelevant and will not be given consideration when
meting out discipline. As in sexual harassment, it is
the effect of the behavior upon the individual that is
important. The Town of Reading considers the fol-
lowing types of behavior examples of bullying:
• Verbal bullying: Slandering, ridiculing or malign-
ing a person or his /her family; persistent name
calling that is hurtful, insulting or humiliating;
using a person as the butt of jokes; abusive and
offensive remarks.
• Physical bullying: Pushing, shoving, kicking, pok-
ing, tripping, assault or threat of physical as-
sault; damage to a person's work area or proper-
ty. .
• Gesture bullying: Nonverbal threatening ges-
tures or glances that convey threatening mes-
sages.
• Exclusion: Socially or physically excluding or dis-
regarding a person in work - related activities.
• Employment Interference: Interfering in the
employer /employee relationship; undermining
another employee; creating an atmosphere that
prohibits an employee from performing their
job; conspiring with others to set an employee
up to fail.
F
7.2.6 Individuals and Con-
duct Covered
Conduct prohibited by these policies is unacceptable
in the workplace and in any work - related setting
outside the workplace, such as during business trips,
business meetings and business - related social
events.
7.2.6 Complaint Process
Individuals who believe they have been the victims
of conduct prohibited by this policy statement or
who believe they have witnessed such conduct
should discuss their concerns with their immediate
supervisor, Human Resources or any member of
management.
When possible, the Town of Reading encourages
individuals who believe they are being subjected to
such conduct to promptly advise the offender that
his or her behavior is unwelcome and request that it
be discontinued. Often this action alone will resolve
the problem. The Town of Reading recognizes, how-
ever, that an individual may prefer to pursue the
matter through complaint procedures.
The Town of Reading encourages the prompt re-
porting of complaints or concerns so that rapid and
constructive action can be taken before relation-
ships become irreparably strained. Therefore, alt-
hough no fixed reporting period has been estab-
lished, early reporting and intervention have proven
to be the most effective method of resolving actual
or perceived incidents of harassment.
Any reported allegations of harassment, discrimina-
tion or retaliation will be investigated promptly. The
investigation may include individual interviews with
the parties involved and, where necessary, with in-
dividuals who may have observed the alleged con-
duct or may have other relevant knowledge.
P341
Confidentiality will be maintained throughout the
investigatory process to the extent consistent with
adequate investigation and appropriate corrective
action.
Retaliation against an individual for reporting har-
assment or discrimination or for participating in an
investigation of a claim of harassment or discrimina-
tion is a serious violation of this policy and, like har-
assment or discrimination itself, will be subject to
disciplinary action. Acts of retaliation should be re-
ported immediately and will be promptly investigat-
ed and addressed.
Misconduct constituting harassment, discrimination
or retaliation will be dealt with appropriately.
If a party to a complaint does not agree with its res-
olution, that party may appeal in writing to the
Town Manager or the Human Resources Director.
False and malicious complaints of harassment, dis-
crimination or retaliation may be the subject of ap-
propriate disciplinary action up to and including dis-
charge of employment.
Please note that while this policy sets forth the
Town's goals of promoting a work environment that
is free of all forms of workplace harassment and
discrimination, this policy is not designed or intend-
ed to limit the Town's authority to discipline or take
remedial action for workplace conduct which the
Town deems unacceptable, regardless of whether
that conduct satisfies the definition of workplace
harassment or constitutes discrimination.
7.2.7 Complaints of Discrimination or Workplace
Harassment
Any employee who believes that he /she has been
the victim of discrimination or workplace harass-
ment has the right to file a complaint either in
writing or orally. Complaints should be reported to
one of the following people:
• His /her supervisor or the next level of superior
in the Department, or
• Human Resources Director,
(781) 942 -9033, Town Hall, 16
ivost*gatioxx Lowell Street, Reading, MA
01867
• Town Manager, (781) 942 -9043, Town Hall, 16
Lowell Street, Reading, MA 01867
It is suggested, but not required, that an employee
fill out a Complaint Form, which is available in the
Human Resources Office. The Human Resources Di-
rector or the Town Manager is also available to dis-
cuss any concerns you may have and to provide in-
formation to you about the Town's policy on dis-
crimination and sexual harassment and the com-
plaint process.
7.2.8 Investigation
All complaints, verbal or written should be promptly
reported to the Human Resources Director and in-
vestigated in a fair and expeditious manner. An in-
vestigator designated by the Human Resources Di-
rector or Town Manager shall meet promptly with
the subject of the reported discrimination or work-
place harassment and begin the investigation. Any
employee involved in an incident of discrimination
or harassment can expect that: (1) the complaint
will be taken seriously and will be appropriately in-
vestigated; (2) the investigation will begin promptly
and proceed in a timely manner; (3) steps will be
taken to stop any discriminating or harassing behav-
ior; and (4) due process rights will be respected.
The investigation will be conducted in such a way as
to maintain confidentiality to the extent practicable
under the circumstances. Complaints will be ad-
dressed in a confidential manner to protect the pri-
vacy of all individuals involved. Information provid-
ed under this policy will be disclosed with others on
a need -to -know basis only. However, in order for
the Town to take appropriate action, it may be nec-
essary for the Town to disclose the complaining indi-
vidual's name to the accused employee, and for the
complaining individual to provide testimony before
the accused employee in the presence of the appro-
Massachusetts Commission Against
Discrimination ( "MCAD ")
y ��
1 Ashburton Place, Room 601 "4 m.OW o`'�
Boston, MA 02108
priate authorities. The complaining individual and
the accused employee may, if applicable, request
union /association representation to assist him /her
through the complaint process, in accordance with
any process in any union contract that addresses
the issue of an investigative procedure. After con-
ducting an appropriate investigation, the investiga-
tor will determine whether the workplace harass-
ment and discrimination policy has been violated
and, if so, determine the severity of the behavior. To
the extent appropriate, the Town will inform the
person filing the complaint and the person alleged
to have committed the conduct of the results of that
investigation.
7.2.9 Disciplinary Action
If it is determined that inappropriate conduct has
occurred, the Town will act promptly to eliminate
the offending conduct and where appropriate, disci-
plinary action will be imposed. The investigator will
recommend to the employee's supervisor, Depart-
ment Head, Human Resources Director or Town
Manager the appropriate action to resolve the situa-
tion including, but not limited to, the following:
• Verbal warning or reprimand;
• Verbal or written apology to the alleged victim;
• Written warning or reprimand entered into the
employee's file;
• Conference with the alleged victim;
• Attending required counseling;
• Receiving a letter from the alleged victim; or
• Suspension, demotion or dismissal subject to
collective bargaining agreements and applicable
Federal, State and local law and bylaws.
These actions are not to be considered as progres-
Equal Employment Opportunity
Commission ( "EEOC ")
475 J.F.K. Federal Building
Government Center
(617) 994 -6000 Boston, MA 02203 -0506
(617) 565 -3200
21 ^1
l\
U
sive actions but rather may be taken in any order or
combination to effectively deal with the situation.
Any action except for a verbal warning or repri-
mand, a verbal or written apology to the complain-
ing individual, or a written warning or reprimand
entered into the employee's file, shall be handled by
the Human Resources Director and the Town Man-
ager. A written warning or reprimand, the require-
ment to have a conference with the complaining
individual, the requirement to attend counseling
sessions, the receipt of a letter from the complain-
ing individual, or suspension or termination will all
be documented in the accused employee's person-
nel file.
7.2.10 State and Federal Remedies
In addition, any person who believes that they have
been subjected to workplace harass-
ment or discrimination may file a
formal complaint with either or
both of the governmental agencies
listed at the bottom of the previous
page. liv
Each of these agencies has a short
time period for filing a complaint. (Equal Employ-
ment Opportunity Commission, 300 days; Massa-
chusetts Commission Against Discrimination, 300
days. For claims of harassment against the Town
Manager, see Article 5 of the Reading Home Rule
Charter.
Section 7.3 Conflict of Interest
All employees shall comply with the State Conflict of
Interest Law in all respects. In addition thereto:
1. Outside Employment - No employee shall accept
outside employment if such outside employ-
ment directly interferes with an employee's per-
formance. No employee shall receive or request
compensation from, or act as an agent or attor-
ney for anyone other than the municipality in
relation to any matter in which the Town is a
party or has a direct and substantial interest.
2. Solicitations and Acceptance of Gifts, Gratuities,
Fees, Loans, etc. - No Town employee, acting in
his /her professional capacity on behalf of the
Town, shall solicit or accept any personal gift,
gratuity, loan, fee or other thing of value. Em-
ployees may accept fees for work done on their
own time provided the individual or group en-
gaging the employee has no contractual rela-
tionship with the Town. No employee shall so-
licit any gift or gratuity from another employee.
3. No employee shall use or attempt to use his /her
official position to secure unwarranted privileges
or exemptions for him /herself or others.
4. No employee shall, by his /her conduct, give rea-
sonable basis for the impression that any person
can improperly influence or unduly enjoy his /her
favor in the performance of official duties, or
that he /she is unduly affected by the kinship,
rank, position or influence of any party or per-
son.
Employees should be aware of the Policy on De-
fense of Actions Brought Against Public Employees,
available from the Town Manager, which the Board
of Selectmen adopted and was effective as of July 1,
1996.
Section 7.4 Political Activity
It shall be the policy of the Town to appoint, pro-
mote, demote and remove all employees without
regard to political considerations.
The political opinions or affiliations of any resident
shall in no way affect the amount or quality of ser-
vice a resident receives from the Town.
Town employees shall not engage in any political
activities including, but not limited to, campaigning
for themselves or individual candidates, or cam-
paigning for support of or opposition to ballot ques-
tions, during working
hours, nor in uniform nor
on Town property (except
in locations designated by Po • 1 Cc
the Town Manager), nor �7
using Town resources in-
cluding office space,
equipment, vehicles, uni-
forms, etc. Employees shall not directly or indirectly
use or seek to use the authority or influence of their
positions to control or modify the political action of
another person.
Any employee may, on his /her own time, and with-
out the use of any Town resources, advocate for or
22 5Do��
(�j
against any ballot question. Town resources include
office space, equipment, vehicles, uniforms, etc.
Town employees may not participate in fund raising
for any ballot question, may not solicit or receive
any political funds from anyone, may not give, solic-
it, or receive political funds in any public building,
and may not serve on any steering committee or as
treasurer of any group that has as its purpose fund
raising for any
ballot question
or candidate.
approved for drug abuse rehabilitation by the Fed-
eral, State, or local health agency.
As a further condition of employment, employees
will abide by the terms of this statement, and notify
the Town Manager of any criminal substance abuse
conviction no later than five (5) days after such con-
viction.
Any employee suspected of being impaired may be
subject to alcohol or drug testing at the Town's ex-
pense. Disciplinary actions may be implemented or
actions including referral to the Town's Employee
Assistance Program, suspensions or dismissal, may
be taken depending on the severity of the circum-
stance at the time of the impaired violation.
Section 7.5 Use of Town Property:
The use of Town property and supplies for personal
use is not permitted. Personal telephone calls shall
be limited in number and duration.
Section 7.6 Impairment Policy - Alcohol /Drug -Free
Workplace:
The Town of Reading workplace shall be alcohol and
drug -free. The unlawful manufacture, distribution,
dispensing, possession or use of a controlled sub-
stance is prohibited on Town -owned property. Em-
ployees who violate this condition of employment
will be subject to appropriate personnel action up to
and including termination.
Every employee will be made aware of the dangers
of substance abuse in the workplace, and will be
notified of the intent to maintain a substance -free
workplace. Every employee will be notified of the
availability of drug counseling rehabilitation and any
other employee assistance activities that may exist.
The penalty for drug abuse or substance abuse, such
as conviction for a violation occurring in the work-
place, may be required participation in a program
Section 7.7 Smoke -Free
Workplace
The Town of Reading is a smoke -free workplace in
accordance with MGL Chapter 270, Section 22. This
includes all work areas, municipal vehicles and any
outside area that would allow smoke to migrate into
the enclosed workplace. This is inclusive of all forms
of smoking, vaping etc.
Section 7.8 Progressive Discipline
Every employee has the duty and the responsibility
to be aware of and abide by existing rules and poli-
cies. Employees also have the responsibility to per-
form his /her duties to the best of his /her ability and
to the standards as set forth in his /her job descrip-
tion or as otherwise established.
The Town of Reading supports the use of progres-
sive discipline to address issues such as poor work
performance or misconduct. Our progressive disci-
pline policy is designed to provide a corrective ac-
tion process to improve and prevent a recurrence of
undesirable behavior and /or performance issues.
Our progressive discipline policy has been designed
�3 a3
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:/ o
consistent with our organiza-
tional values, HR best practic-
es and employment laws.
Outlined below are the steps
of our progressive discipline
policy and procedure. The
Town of Reading reserves the right to combine or
skip steps in this process depending on the facts of
each situation and the nature of the offense. The
level of disciplinary intervention may also vary.
Some of the factors that will be considered are
whether the offense is repeated despite coaching,
counseling and /or training; the employee's work
record; and the impact the conduct and perfor-
mance issues have on our organization.
7.8.1 Town of Reading's Progressive Discipline Pro-
cess:
Verbal Warning: A supervisor verbally counsels
an employee about an issue of concern, and a
written record of the discussion is placed in the
employee's file for future reference.
Written Warning: Written warnings are used for
behavior or violations that a supervisor consid-
ers serious or in situations when a verbal warn-
ing has not helped change unacceptable behav-
ior. Written warnings are placed in an employ-
ee's personnel file. Employees should recognize
the grave nature of the written warning.
Suspension: Suspensions are used for behavior
or violations that a supervisor considers serious
or in situations when a written warning has not
helped change unacceptable behavior. Suspen-
sions are placed in an employee's personnel file.
Employees should recognize the grave nature of
the written warning.
Performance Improvement Plan (PIP): Whenev-
er an employee has been involved in a discipli-
nary situation that has not been readily resolved
or when he /she has demonstrated an inability to
perform assigned work responsibilities efficient-
ly, the employee may be given a final warning or
placed on a performance improvement plan
(PIP). PIP status will last for a predetermined
amount of time not to exceed ninety (90) days.
Within this time period, the employee must
demonstrate a willingness and ability to meet
and maintain the conduct and /or work require-
ments as specified by the supervisor and the or-
ganization. At the end of the performance im-
provement period, the performance improve-
ment plan may be closed or, if established goals
are not met, dismissal may occur.
• PIP Extension: In some cases an employee may
be granted an extension of the Performance Im-
provement Plan beyond 90 days. These exten-
sions may be granted with the approval of the
Town Manager and will be considered when im-
provement has been noted during the initial PIP
period and original goals are close to being met
and behaviors are resolved.
The Town of Reading reserves the right to deter-
mine the appropriate level of discipline for any
inappropriate conduct,
including oral and
written warnings, sus-
pension with or without
pay, demotion or dis-
charge.
ARTICLE 8: CHANGE OF EM-
PLOYMENT STATUS
Section 8.1 Transfer
A transfer takes place when an employee is assigned
to a different job title with the same level of respon-
sibility and at the same pay grade. A transfer may
be either voluntary or involuntary.
Employees who desire to voluntarily transfer within
the Town may do so upon approval of the Town
Manager if a position vacancy exists, and if the su-
pervisor of the vacant position finds the employee
qualified.
A request for voluntary transfer to a different de-
partment shall be submitted in writing to the Town
Manager, who shall review the request with the De-
partment Heads, and make a finding regarding the
employee's suitability for the position.
A request for voluntary transfer within a depart-
ment shall be submitted in writing to the Depart-
ment Head, who shall review the request, and make
a recommendation to
the Town Manager.
Involuntary transfers shall be ordered in writing by
the Town Manager after consultation with the De-
partment Heads affected.
A introductory period shall be mandatory following
transfers. Employment status, benefits and anniver-
sary date will not be affected by transfers. ,
Section 8.2 Promotion
Promotion is the advancement of any employee to a
position with a higher level of responsibility. Promo-
tions may be awarded through the filling of a vacan-
cy in a higher grade. Promotions may be temporary
or permanent. When an employee is promoted to a
higher job classification, he /she will be placed in the
appropriate grade for the new job at a step which
will ensure no less than a 5% increase in pay.
Promotions will be made by the Town Manager in
consultation with the Department Head.
An introductory period shall be mandatory following
promotions. Employment status, benefits and anni-
versary date will not be affected by promotions. If
an employee whose current position does not in-
clude time -off benefits is promoted to a position
that does include time off benefits, he /she may use
sick time as it accrues during the introductory peri-
od.
Section 8.3 Demotion and Reassignment
Demotion is the assignment of an employee from
one position to a position with less responsibility.
Demotions may be ordered by the Town Manager:
• as a disciplinary action, or
• due to an unsatisfactory performance evaluation
followed by continued unsatisfactory perfor-
mance during the probationary period.
The Town Manager may, following consultation with
a Department Head, assign the demoted employee
to a position with lower level of responsibility and/
or lower level of pay. A probationary period shall be
mandatory following a demotion. Employment sta-
tus, benefits and anniversary date will not be affect-
ed by demotions.
An employee may be reassigned from one position
to a position with less responsibility. A reassignment
may be ordered by the Town Manager because of:
• a reclassification downward of an employee's
position or
• the reorganization
of Town services.
Employment sta-
tus, benefits and
anniversary date
will not be affected
by a reassignment.
Section 8.4 Lay -Off
Lay -off is the involun-
tary separation of an
employee from the Town's service because of lack
of work, lack of funds or the discontinuance of a po-
sition.
Lay -offs may be ordered for the above reasons, and
may be for a definite or indefinite period of time.
Lay -offs shall not be used as a disciplinary measure.
Lay -offs shall be determined by the Town Manager
in the following circumstances:
• Upon discontinuance or reduction of a Town
program or service;
• As a means of reducing salary and wage costs in
order to meet budget restrictions;
• Upon reorganization of a Department or oper-
ating unit of the Town.
Lay -offs within positions performing the same func-
tions shall be conducted in the following order:
1.Seasonal Employees
2.Temporary Employees
3.Part time Employees
4.Full time Employees
5�a5
Employees separated by lay -off shall be given first
consideration for new vacancies which may develop
in the Town service within two (2) years.
An employee with less than 5 years seniority
with the Town of Reading will only qualify for a sep-
aration package inclusive of vacation accruals
through the end of the month of their last day of
employment.
Oral resignation will be deemed binding but
shall not constitute resignation in good standing.
The Town will attempt, unless circumstances make
it impractical, to give no less than thirty (30) days
written notice to any employee whose job is being
eliminated or reduced in hours.
Section 8.5 Resignation Notification
Resignation is a voluntary action of any employee to
terminate employment with the Town. A resigna-
tion shall be submitted in writing to the Town Man-
ager with a copy to Human Resources and the De-
partment Head, at least two (2) weeks for support
staff and 4 weeks for Division Heads and Depart-
ment Heads, prior to the effective date of termina-
tion.
If at least two (2) weeks' notice is not given,
or four (4) weeks for Division and Department
Heads, the employee shall be considered to have
resigned not in good standing and shall forfeit any
benefits accrued except as prohibited by law. Em-
ployees giving notice in January through June 30 will
qualify for vacation benefits accrued through June
30th providing ample notice is given to remain in
good standing. Employees giving notice July through
December will qualify for vacation benefits accrued
through December 31.
26
An employee contemplating retirement should noti-
fy the Town Manager and Human Resources Direc-
tor in writing at the earliest date that such a deci-
sion is being considered. To take advantage of early
notice benefits a minimum of six (6) months notice
is required. (See Sections 9.3 and 9.14 of these poli-
cies.)
The employee should notify the Town Manager as
soon as possible but not less than two (2) months
before retirement. The employee should also apply
to the Retirement System if pension benefits are
available.
ARTICLE 9: BENEFITS
The following benefits apply to all regular employ-
ees of the Town who work twenty (20) hours or
more per week, unless noted differently in each sec-
tion. All time off benefits are determined on a cal-
endar year basis.
The Town will maintain a complete and accurate
record of attendance for each employee, setting
forth the amount of time off benefits available for
the calendar year, the dates of time off benefits
used and the amount of time off benefits remaining
for the calendar year. Such record shall be available
for inspection by the individual employee upon rea-
sonable request and shall be reviewed periodically
with the employee at least annually. The employee
shall have the responsibility of reviewing the time
off benefit record for accuracy.
The Board of Selectmen may, from time to time, de-
velop alternative benefit packages for Department
and Division Heads.
Section 9.1 Medical, Dental and Life Insurance
The Town of Reading currently
offers regular full time and part
time employees, regularly
scheduled to work a minimum
of twenty (20) hours per week, enrollment in medi-
cal, dental and life insurance. All coverage is paid
thirty (30) days in advance through payroll deduc-
tions.
Employees have up to thirty (30) days from their
date of hire to elect medical, dental and life insur-
ance. Once made, elections are fixed for the remain-
der of the plan year. Changes in family status, as de-
fined in the Plan document, allow employees to
make midyear changes in coverage.
Open enrollment period will take place beginning
April 1st and ending on May 31st. All changes will
be effective July 15i with deduction changes affecting
the June payroll.
Please contact the HR Division at Town Hall with
any benefit questions. Information is also available
on the Town website www.readingma.gov /human-
resources
Section 9.2 Flexible Spending Account (FSA)
The Town of Reading currently
offers an employee- funded flexi-
ble spending account (FSA) to R
regular full time employees hired
on or before January 1st of a cal-
endar year. Plan participants may
elect an annual amount of flexible
dollars to pay for eligible health care expenses, in-
cluding medical or dental insurance deductibles, co-
payments, and out -of- pocket costs for vision care
and other types of care.
If eligible medical or dental expenses are less than
the elected annual amount of flex dollars for that
year, balances exceeding five hundred dollars ($500)
will be forfeited.
27
Section 9.3 Service Credit
Service credit is used primarily to determine eligibil-
ity for vacation and other time off benefits. Service
to the Town shall be determined as the service ac-
crued by a regular employee, commencing from the
date of employment, or benefit date if it is different
from date of employment, which is uninterrupted
except by vacation, military service, or other author-
ized leave of absence pursuant to Section 9.9 Family
and Medical Leave Act, and Section 9.10 Leaves of
Absence other than FM LA Leave.
Termination for any reason shall constitute a break
in service. If a former employee of the Town re-
turns to the service of the Town and completes at
least five (5) years of continuous service following
such return, the amount of continuous service im-
mediately preceding the interruption of work for
the Town shall be added to the five (5) years of cur-
rent service to compute a new Service Credit date.
Service credit is not granted for any period of time
that the employee was a temporary employee or a
part time non - benefited employee. The introducto-
ry period will count for service credit.
An employee who has changed from regular part
time benefited status to regular full time status will
have service credit determined for the period of
part time service on a prorated basis. For example,
if an employee worked six (6) years at 2/3 time, and
then assumed a full time position, the amount of
service credit available for the part time work would
be four (4) years, and all hours of accrued vacation,
personal leave or sick leave would be credited to
the employee as earned.
An employee who has changed from full time status
to part time status will retain their full amount of
service credit, and accrued hours of vacation leave,
floating holiday leave and sick leave will be credited
to the employee as earned.
If the employee was eligible for and took sick leave
buyback when he /she left the service of the Town,
then the employee must repay to the Town the
amount of money paid in sick leave buyback as a
condition of being granted past accrued sick leave.
The returning employee will be credited with the
number of hours of sick leave that the buyback rep-
5 e, a1
resented based on the rate of pay at the time of ter-
mination.
If a new employee has established credible service
with another municipality or within State Govern-
ment, the credible service will be used to calculate
the new employee's vacation time. The employee
is responsible for providing proof of credible service
to the Human Resources Director in order to take
advantage of additional time off benefits. It is at the
discretion of the Town Manager to award another
vacation schedule for incoming experienced private
sector employees.
Section 9.4 Sick Leave
All regular full time and regular part time employees
who work twenty (20) hours or more per week shall
be eligible for payment from accrued sick leave for
time absent due to illness, injury, or medical ap-
pointments that cannot be arranged after regular
working hours. A policy on the procedure for in-
forming a supervisor and /or Department Head of
illness or injury will be used in each department.
Effective January 1, 2010 sick leave shall accrue on
the basis of one (1) day per month of service begin-
ning on the first day of the month of employment.
This accrual is based on a five (5) day workweek. Pri-
or to January 1, 2010 sick leave shall accrue on the
basis of 1 % days per month. Unused sick leave shall
be accumulated from year to year without limita-
tion.
"A Man of Many Hats"
Deputy Police Chief
Has collected hats from law en-
forcement agencies around the
world and proudly displays them
in his office.
Up to five (5) days of accrued sick leave, not covered
under Section 9.9 Family and Medical Leave Act,
may be used by an employee to attend to a spouse,
parent or child, or someone who lives in the same
household as the employee, and who is ill. There
will be no carry -over of this benefit from one calen-
dar year to another calendar year. The Town Man-
ager may extend the sick leave used in this manner
beyond what is permitted. This extension of the
leave will be granted only for extraordinary circum-
stances where such an extension is warranted. Such
an extension will not set a precedent in any other
case and denial of such a request is not subject to
appeal.
When absence by reason of sickness or injury is for
a period of three (3) consecutive days or more, the
Department Head may require the employee to sub-
mit a letter from a regularly licensed practicing phy-
sician giving the prognosis of the sickness or injury
before the employee shall be entitled to sick leave
with pay. The Town, at its expense, reserves the
right to have a physician examine the employee.
When absence is compensable under Worker's
Compensation Law, an employee may, upon signing
written authorization, be paid the difference be-
tween Worker's Compensation benefits and his /her
regular base salary until part or all of his /her accu-
mulated sick leave has been used. Sick leave used in
this manner shall be charged at a rate of 0.4 days for
,A 5eaw
each day the employee is on Worker's Compensa-
tionleave.
An employee who is on paid vacation and who is
hospitalized for an injury or illness, at his /her option
and provided that he /she has sick leave available,
may have his /her vacation time changed to paid sick
leave for the period of the actual hospitalization.
9.4.1 Sick Leave Buyback
All employees hired after August 31, 2009 are ineli-
gible for sick leave buyback.
The positions indicated in the chart below have always been
ineligible for sick leave buyback unless the employee fulfilled
the criteria below.
Appraiser Library Director
Assistant Appraiser Library Division Heads
Assistant Library Director Network Administrator
Assistant Town Manager/ Office Manager
Finance Director Police Chief
Assistant Collector
Assistant Town Clerk Police Business Administrator
Assistant Treasurer
Building Inspector
Community Services Direc-
tor/Town Planner
Project Director
Public Works Director
Recreation Administrator
Conservation Administra- Retirement Board Adminis-
tor trator
DPW Business Administra-
Technology Coordinator
for
Town Accountant
Elder /Human Services
Aministrator
Fire Chief
Town Clerk
Forestry, Parks and Ceme-
Town Engineer
tery Supervisor
Treasurer Collector
GIS Coordinator
Veteran's Service Officer
Head Public Safety Dis-
patcher
Health Services Adminis-
Water /Sewer Supervisor
trator
Highway /Equipment
Water Quality Supervisor
Supervisor
Human Resources
Administrator
29
Eligible employees hired prior to September 1, 2009
who terminate employment (except termination by
the Town or resignation not in good standing) and
who work twenty (20) hours or more per week,
after seven (7) years of benefited employment, shall
be paid for unused sick leave not exceeding one
hundred (100) days at fifty percent (50 %) of his /her
daily rate of pay at the time of their termination.
Sick leave buyback shall be paid to the estate of any
employee who is eligible for it at.the time of his /her
death.
Any employee among the titles listed below who as
of December 14, 1987 (the time of the initial adop-
tion of this policy) has already earned one hundred
(100) unused sick days, and who was at that time
eligible for sick leave buyback benefits, is grandfa-
thered and will be compensated for sick leave buy-
back upon retirement or resignation.
Any employee who is promoted to one of these
listed titles who was eligible for sick leave buyback
before being promoted, will be compensated upon
retirement or resignation for unused sick leave not
to exceed one hundred (100) days at 50% of his /her
daily rate of pay that was in effect prior to the pro-
motion. Should a promoted employee have less
than one hundred (100) days of unused sick time at
DPW Director Jeff Zager with two Outstanding
Performance Awards for the Reading Water Department.
the time of promotion, he or she will not be able to
add days to that total.
9.4.2 Advancement of Sick
Leave
It is recognized that, under
some circumstances, an em-
ployee may be ill or injured
and not have adequate ac-
crued sick leave to cover the
incident.
The Town Manager may, upon written request from
an employee, with written endorsement from the
employee's Department Head, advance up to two
(2) weeks (10 working days) of sick leave to any reg-
ular full time or regular part time employee who
works twenty (20) hours or more per week. Included
in the consideration of approval of the advancement
of sick leave will be:
1. The likelihood that the employee will be able to
repay the advanced sick leave;
2. A pattern of abuse of sick leave which may be
cause to deny the advancement of sick leave;
3. Whether the employee has used all accrued
compensatory time or floating holidays. The
Town Manager may require accrued vacation to
be used prior to advancement of sick leave, de-
pending upon the time of year the incident oc-
curs and the amount of vacation time available;
4. Other factors that may be relevant to the issue
of advancement of sick leave.
1' The Sick Leave Bank will be administered by a
committee consisting of one (1) member to be
elected from each of the constituent bargaining
30
2nd floor of the newly renovated Reading Public Library
units that elects to participate (Engineers Unit,
Public Works Unit, Police Officers, Police Superi-
or Officers, Dispatchers and others) and appoin-
tees of the Town Manager one less than the ag-
gregate number of members representing the
Unions. All members of the Sick Leave Bank
Committee shall be participants in the Sick Leave
Bank.
2. Employees eligible to withdraw sick leave days
from the Sick Leave Bank must make application
to the Sick Leave Bank Committee. The Com-
mittee may review the employee's records of
attendance kept by the Town. The Sick Leave
Bank Committee's decision shall be by majority
vote and shall be final and not subject to the
grievance and arbitration procedure.
s' Sick leave days may be deposited in the Sick
Leave Bank in the following manner: Any em-
ployee eligible to participate in the Sick Leave
Bank shall contribute four (4) days of his /her ac-
cumulated sick leave on July 1" of the year that
the employee initially joins the Sick Leave Bank.
Employees will contribute two (2) days annually
on July 15tfor the following four years, and then
one (1) day annually on July 1St thereafter, unless
they give written notification to the Sick Leave
Bank Committee by June 30th that they wish to
withdraw their membership in the Sick Leave
Bank.
4. The Sick Leave Bank Committee may, with the
approval of the Town Manager, vote to change
the number of days contributed per year. If the
number of hours in the Sick Leave Bank falls be-
low ten thousand (10,000), or if the membership
in the Sick Leave Bank fluctuates significantly,
then the policy of contributing two (2) days year-
ly for all members may be reinstated.
5.
0
VA
Q
9
Unlimited sick leave days may
be credited to the Sick Leave
Bank by all employees, provided
that no employee shall contrib-
ute more than two (2) days per
year unless approved pursuant
to Paragraph 4 above.
In order to be eligible to apply
to the Sick Leave Bank for withdrawal of sick
leave days, the employee must have used up all
of his /her own accumulated sick leave, and be a
participant in the Sick Leave Bank.
In order to be eligible to make application to the
Sick Leave Bank, an employee must have
suffered an illness or disability resulting in thirty
(30) consecutive days of work missed; or re-
sulting in five (5) days without pay, whichever
comes first. That is, an employee with fewer
than thirty (30) days of accumulated sick leave
will not become eligible to withdraw sick leave
from the Sick Leave Bank until he /she has gone
five (5) consecutive work days without pay due
to the same illness or injury; any employee with
accumulated sick leave in excess of thirty (30)
days shall be eligible to receive days from the
Sick Leave Bank on the day following the exhaus-
tion of his /her own accumulated sick leave. Paid
vacation and /or personal time may be allowed
to be substituted for the five (5) days without
pay. Notwithstanding the language in this para-
graph, if an employee has missed thirty (30)
days of work non - consecutively due to the same
illness, then this paragraph may be waived by
the Sick Leave Bank Committee.
The Sick Leave Bank Committee may require the
employee to substitute paid accrued vacation
and /or personal leave for leave available from
the Sick Leave Bank.
Any employee who is eligible for Worker's Com-
pensation during the period of disability shall
not be eligible for the use of the Sick Leave
Bank.
10. Any member of the Sick Bank who is unable to
meet the two (2) day required donation of time
on July 1st will have the option to donate from
their personal leave bank, vacation bank or owe
the bank sick time rather than being dis- enrolled
from the sick bank. This owed sick time
must be paid no later than September 1st
of the same year in order to protect
membership status in the sick bank.
11. Applications to join or withdrawal
time from the Sick Leave Bank may be
obtained from any member of the Sick
Leave Bank Committee or the Human
Resources Director. All requests must be in
writing.
12. Should the Sick Leave Bank be eliminated, all
days accumulated shall be equally divided
among the participants.
The Town Manager's liaison to the Sick Bank Com-
mittee is the Human Resources Director. Vacancies
on the Sick Bank Committee will be announced
through the Human Resources Office. Interested
individuals will indicate their interest in becoming a
Committee Member in writing to the Human Re-
sources Director. All non -union appointments to
the Committee will be made by the Town Manager.
Section 9.5 Voting Leave
9.5.1 Voting Time
All employees should be y.-
able to vote either before'�"
or after regularly assigned
work hours. However,
when this is not possible due to work schedules,
employees will receive up to three hours during the
work day to vote. Time off for voting should be re-
ported and coded appropriately on timekeeping rec-
ords.
9.5.2 Election Leave
Employees who are chosen to serve as election offi-
cials at polling sites will be permitted to take re-
quired time off to serve in this capacity. It is incum-
bent on employees who are chosen to act as elec-
tion officials to notify their manager a minimum of
seven days in advance of their need for time off in
order to accommodate the necessary rescheduling
of work periods. Time engaged as an election official
should be reported and coded appropriately on
timekeeping records.
31 Sz3\
Section 9.6 Bereavement
9.6.1 Up to five (5) days leave
with pay will be granted by the
Town Manager for death in the im-
mediate family. Immediate family is
defined as a spouse, parent, grand-
parent, grandchild, brother, sister, son, daughter,
mother -in -law, father -in -law, daughter -in -law or son
-in -law.
9.6.2 One (1) day leave with pay will be granted to
any employee to attend the funeral or other memo-
rial service of other members of his /her family de-
fined as aunt, uncle, cousin, sister -in -law, brother -in
-law, niece or nephew.
9.6.3 This benefit is available to all regular full time
and regular part time employees who work twenty
(20) hours or more per week.
9.6.4 The Town Manager may grant the bereave-
ment /emergency leave beyond what is permitted in
sections above. This leave will be granted only for
extraordinary circumstances where such an exten-
sion is warranted. Such an extension will not set a
precedent in any other case and denial of such a re-
quest is not subject to appeal.
Section 9.7 Military Leave
Employees who are regular
-employees and who serve in
the Armed Forces of the Com-
monwealth, or as members of
an organized unit of a ready
reserve component of the Armed Forces of the Unit-
ed States, under orders, will be allowed the differ-
ence between base pay they receive for such service
and their regular rate of compensation from the
Town, in performance of the member's annual ac-
tive duty for training requirements (e.g., the 2 or 3
week annual encampment).
Employees shall be entitled, during times of service
in the Armed Forces of the Commonwealth or dur-
ing tours of duty as members of a reserve compo-
nent 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
32
require absence from normally
scheduled work tours. Such ab-
sence for military duty must be in
response to Federal or State au-
thority; i.e., competent oral or
written orders.
The Town, at its option, reserves
the right to require the reservist i
to present written orders or suitable military docu-
mentation to support the military absence. Active
(drilling) reservists are required to present their an-
nual (or semiannual) unit training calendar to their
supervisor within thirty (30) days of its publication.
The employee will confirm his /her request for such
military absence in accordance with existing Town
policy for all other absences. In that all military ab-
sences cannot be forecasted so as to enable the re-
servist to comply with the Town's policy of advance
notice, a reasonability standard will be applied. The
reservist is required to give such reasonable notice,
assuming he /she has been sufficiently informed by
his /her military unit.
In accordance with General Laws Chapter 149, §52A,
an employee who is a member of an organized unit
of the ready reserve of the armed forces, who, in
order to receive military training with the armed
forces of the United States not exceeding seventeen
(17) days in any one calendar year, leaves a position
other than a temporary position in the employ of
any employer, and who shall give notice to his em-
ployer of the date of departure and date of return
for the purposes of military training, and of the
satisfactory completion of such training immediately
thereafter, and who is still qualified to perform the
duties of such position, shall be entitled to be re-
stored to his /her previous, or a similar, position with
the same status, pay and seniority, and such period
of absence for military training shall be construed as
an absence with leave. In addition, such absence
for military training shall not affect the employee's
right to receive normal vacation, sick leave, bonus,
advancement and other advantages of his /her em-
ployment normally to be anticipated in his particular
position.
Additional short term absences will be in an ap-
proved leave without pay status, and as such will be
in accordance with Town policy for all employees in
such leave without pay status. If the employee de-
sires to maintain his /her insurance benefit package,
he /she may do so at his /her option by paying both
his and the employer's shares (contribution). In the
event the insurance benefits are suspended during
the military absence, they will be re- instituted im-
mediately upon the employee's return to paid work
status.
Employment seniority for retirement purposes and
benefits will not be decreased due to military ab-
sences in compliance with competent military au-
thority. Military absences served in the capacity of
active duty (per 10 USC), as a member of the active
forces, are limited to a cumulative total not to ex-
ceed five (5) years. Active military service in excess
of five (5) cumulative years denies the employee the
statutory protection of the Federal Act protecting
reemployment rights of returning veteran (38 USC,
Ch. 43).
Section 9.8 Jury Service
Any 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 reg-
ular pay received by him from the
Town, the difference between said
fees, and regular pay shall be paid to such employee
by the Town. An employee performing such jury
duty and who desires the benefits of this section
may be required to present weekly to the Depart-
ment Head a certificate by the Court or a duly au-
thorized representative as to the time spent by the
employee in such jury duty during such week.
Section 9.9 Family and Medical Leave Act:
The provisions of the Family and Medical Leave Act
of 1993 (FMLA) entitle an eligible employee to a to-
tal of twelve (12) workweeks of unpaid leave during
a twelve (12) month period for
one or more of the following
reasons:
The birth and care of the
newborn child of the employee;
33
• The placement with the
employee of a son or
daughter for adoption or
foster care;
• To care for an immediate
family member (spouse,
child or parent) with a
serious health condition;
• To take medical leave
when the employee is unable to work because
of a serious health condition;
• A qualifying exigency (need) arising out of the
fact that the employee's spouse, son, daughter,
or parent is a covered military member of the
National Guard and Reserves on active duty (or
has been notified of an impending call or order
to active duty) in support of a contingency oper-
ation;
• Military caregiver leave (i.e. covered service
member leave) to care for a service member
with a serious injury or illness incurred in the
line of duty on active duty. Eligible employees
who are the spouse, son, daughter, parent, next
of kin (closest blood relative), are entitled to a
special leave entitlement of up to twenty six (26)
weeks to care for a covered service member
during a single twelve (12) month period.
Leave qualifying as FMLA may either be requested
by the employee or will be designated as FMLA
leave by the Town when it appears that the reason
for the leave fits the Family and Medical Leave Act.
9.9.1 Definitions
The following definitions apply to this Article:
1. Eligible Employee
An employee who has worked for the Town at least
twelve months (consecutive or non - consecutive,
provided that the break in service does not exceed
seven years unless due to National Guard or Reserve
military service obligations), and has actually
worked 1,250 hours (including paid vacation and
sick leave) during the previous 12 month period.
2. Twelve (12) Month
Leave Period
m", dA The twelve (12) month pe-
riod used for determining
offlia an employee's twelve (12)
week FMLA leave entitle-
ment will be a "rolling" twelve (12) month period
measured backward from the date the employee
begins the use of FMLA leave. The employee should
submit a written request prior to the start of the
FMLA leave.
3. Covered Service Member
A current member of the armed forces, including a
member of the National Guard or Reserves, who is
undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is oth-
erwise on the temporary disability retired list, for a
serious injury or illness.
4. Qualifying Exigency
Must be one of the following: a) short -notice de-
ployment, b) military events and activities, c) child
care and school activities, d) financial and legal ar-
rangements, e) counseling, f) rest and recuperation,
g) post - deployment activities, h) additional activities
that arise out of active duty, provided that the em-
ployer and the employee agree, including agree-
ment on timing and duration of the leave.
5. Serious Health Condi-
tions
An illness, injury, impair-
ment or physical or
mental condition that
involves: a) incapacity
or treatment as an in- patient in a hospital, hospice,
or residential medical care facility, or b) incapacity
caused by a health condition requiring absence from
work, school, or other regular daily activities for
more than three calendar days and requiring two
visits to a health care provider, with the first visit
within seven days of the onset and a second visit
within 30 days of the capacity, or c) incapacity or
continuing treatment by a health care provider for a
chronic or long -term health condition requiring peri-
odic health care visits for treatment (at least twice a
year), or d) incapacity due to pregnancy or prenatal
care, or e) incapacity that is permanent or long -term
due to a condition for which treatment may not be
effective, or f) absences to receive multiple treat-
ments for a condition that likely would result in an
incapacity of more than three consecutive days if
left untreated.
W
9.9.2 Health Insurance Continuation
The Town will maintain health plan coverage for any
employee who takes FMLA at the same level and
conditions that would have applied if the employee
had not taken leave. The employee must continue
to pay his or her share of this coverage, either
through payroll deduction or over the counter in the
Treasurer's Office. If the employee fails to return to
work following the expiration of the period of FMLA
leave, the employee will be obligated to pay to the
Town the entire Town con-
tribution to the employee's ties "aria c a
medical insurance plan for ow uttilro
ftNj 'J
the entire period of FMLA leww"s , features
leave, except in certain lim- totgo ea es
ited circumstances required
by law.
9.9.3 Benefits
The employee will not accrue any vacation time, sick
leave, holidays, personal leave, personal time, cloth-
ing allowance, seniority, bereavement leave or oth-
er benefits during any unpaid part of leave. After
returning from FMLA leave, however, he /she will
receive all vacation time, sick leave, seniority and
other benefits for which he or she was eligible prior
to the start of the leave.
9.9.4 Guarantee of Job
The employee will be able to return to his or her pri-
or position or a position with equivalent benefits,
pay and other terms and conditions of employment.
An exception to this guarantee is that the highest
paid ten percent (10 %) employees of the Town may
be notified that their leave, or the continuation of
their leave, would cause grievous economic injury to
the Town and cannot be granted. If one of these
employees elects not to return to work after such a
notice, the Town may then deny later reinstate-
ment.
9.9.5 Limits
The following limits will ap-
ply to the leave granted un-
der this Article:
1. Leave for the birth or
placement of a child expires at the end of the twelve
(12) month period beginning on the date of such birth
or placement;
2. Leave for the birth or placement of a child or
placement of a child for adoption or foster care may
not be taken intermittently;
3. Leave for the birth or placement of a child or to
care for a sick parent may be limited to a total of
twelve (12) weeks when both a husband and wife
work for the Town and are eligible for leave;
4. A son or daughter for whom family medical leave
may be taken is one under eighteen (18) years of age
or one who is incapable of self care because of men-
tal or physical disability;
5. A son or daughter includes an adopted, foster or
stepchild, a legal ward or a child of a person standing
in loco parentis;
6. A parent includes biological or adoptive parents
of an employee, or a person who stands or stood in
loco parentis to an employee;
7. Spouse means a husband or wife under the Laws
of the Commonwealth of Massachusetts;
8. The Town shall require the employee to substi-
tute paid accrued vacation, personal time or sick
leave for leave available under the Act;
9. Under this policy, an employee can only substi-
tute paid sick leave for his or her own leave because
of a serious health condition and not for that of a
spouse, son, daughter or
parent, except that which
is allowed for family illness
in Section 9.4;
10. When medically nec-
essary, leave for a serious
health condition may be
taken intermittently. The '
Town may require an em- WN
ployee to provide certifica-
tion for intermittent leave for planned medical treat-
ment indicating the timing and duration of treatment.
The Town may also require the employee to transfer
to a position with equivalent pay and benefits which
may better accommodate recurring periods of leave;
11. The Town may require thirty (30) days notice of
planned medical treatment, or such notice as is prac-
ticable;
12. The Town may require proof from a health care
provider of a serious health condition of a family
member or employee, to include:
(a) The date on which condition commenced;
(b) The probable duration of the condition;
(c) The appropriate medical facts about the
condition within the knowledge of the health care
provider;
(d) Either a statement that the employee is
needed to care for a family member or that the em-
ployee is unable to perform the functions of his or her
position;
(e) In the case of intermittent or reduced
leave for planned medical treatment, the dates on
which treatment is scheduled and its expected dura-
tion;
13. The Town may require the employee to obtain
the opinion of a second health care provider of its
choosing; a third opinion may also be sought which is
to be approved by both parties and which is binding.
The Town will pay for these opinions;
14. The Town may require recertification of the seri-
ous health condition during a leave, and may require
an employee to report on his or her status and inten-
tion to return to work;
15. An employee must supply the Town with a fit-
ness for duty note from a healthcare provider before
35
a return to work from a seri-
ous health condition.
Section 9.10 Leaves of Ab-
sence other than FMLA Leave
The Town Manager may grant
leaves of absence, other than leave under the Fami-
ly Medical Leave Act leave, for good cause without
pay to all employees. In reviewing requests for
leave, consideration shall be given to:
1. The nature of the reason;
2. The employee's work record;
3. Impact on operation of the Town.
The leave may be immediately canceled if the em-
ployee unilaterally does not comply with the terms
of the leave agreed upon.
All requests for leave must be in writing, and a rec-
ommendation by the Department Head in writing is
required.
The period of absence in excess of thirty (30) days
shall not be included in an employee's time of con-
tinuous service in determining seniority, longevity
and determining vacation.
The rate of pay for an employee returning from a
leave of absence shall be the applicable pay for the
same position which the employee held immediate-
ly prior to the leave, if the employee is returning to
the same position.
Benefits will not accrue during a leave of absence in
excess of thirty (30) days. Specifically, no paid holi-
days, vacation, personal time or sick leave will ac-
crue.
The Town will not make any payment toward an
employee's health or life insurance plans for the pe-
riod of the leave in excess of thirty (30) days. Em-
ployees have the option, however, of maintaining
their coverage after the thirty (30) day period by
paying the full premium cost. The Treasurer's Office
must be notified by the employee if coverage is de-
sired so that the premium cost can be paid directly
by the employee for the period of the leave.
The granting of leaves of absence is within the sole
discretion of the Town Manager.
Section 9.11 Small Necessities Leave Act
The Small Necessities Leave Act provides up to
twenty -four (24) hours of unpaid leave during any
12 -month period to an eligible employee for the
purpose of:
• participating in school activities directly related
to the educational advancement of the employ-
ee's child, such as parent- teacher conferences or
interviewing for a new school;
• accompanying the employee's child to routine
medical or dental appointments, such as check-
ups or vaccinations; and
• accompanying an elderly relative of the employ-
ee to routine medical or dental appointments
and appointments for other professional ser-
vices related to the elder's care, such as inter-
viewing at nursing or group homes.
This leave is in addition to any leave the employee
may be entitled to under the Family and Medical
Leave Act (FMLA).
9.11.1 Eligibility
The following shall be conditions for eligibility under
this Section:
• Those who have been employed for at least
twelve (12) months;
Those who have provided at least one thousand,
two hundred fifty (1,250) hours of service, in-
cluding paid vacation and sick leave in the
twelve (12) month period prior to the leave re-
quest.
9.11.2 Timing of Twelve (12) Month Leave Period
The twelve (12) month period used for determining
an employee's twenty four
(24) hours of leave entitle-
ment will be a "rolling" twelves
(12) month period measured
backward from the date the
employee begins the use of
`r
the leave.
�i
36 56�D
Limits The following limits will
apply to the leave granted under
this section:
2. The Town shall require the employee to substi-
tute paid accrued vacation, floating holiday or
sick leave for any of the leave available under
this Act. However, the Town of Reading is not
required to provide paid sick leave in any situa-
tion in which the Town would not normally pro-
vide such leave.
3. An employee may take leave under this Act on
an intermittent or reduced leave basis.
Section 9.12 Holidays
9.12.1 All regular full time and regular part time em-
ployees who work twenty (20) or more hours per
week shall be entitled to the following eleven (11)
holidays with pay when they fall within the regular
work week.
9.12.2 At the beginning of each calendar year the
Town will notify employees on which week day a
holiday will be celebrated if it is scheduled to fall on
a weekend day.
9.12.3 Holiday Bank
A "Holiday Bank" will be created and maintained for
the purpose of calculating holiday pay for employ-
ees working a four (4) day work week. The bank will
be calculated based on the average hours worked in
a normal five (5) day work week using seven and
one half (7.5) and eight (8.0) hours times the eleven
(11)
ap-
New Years Day
Memorial Day
Veterans Day
Martin Luther
King Day
Independence
Day
Thanksgiving
Day
President's Day
Labor Day
Christmas Day
Patriots Day
Columbus Day
proved holidays. This Holiday Bank will be part of
the employees paid time off (PTO) benefit. This
benefit is not calculated into separation packages as
vacation time.
Full time employees will be charged nine (9) hours
for holidays falling on a Monday, Wednesday or
Thursday and ten and one half (10.5) hours for a
holiday falling on a Tuesday.
9.12.4 In the event a non - exempt employee is re-
quired to work on a Town - recognized holiday, he/
she shall be compensated for the number of hours
worked at double time. In the event an exempt em-
ployee is required to work on a Town - recognized
holiday, he /she will be given an alternative day off
within twenty eight (28) calendar days at the con-
venience of the Department.
9.12.5 In order to qualify for paid holidays, an em-
ployee shall have been employed on the last regu-
larly scheduled work day prior to, and the next regu-
larly scheduled day following such holiday.
Section 9.13 Personal Time
9.13.1 A personal day is a day off to be taken at the
employee's discretion with the prior approval of the
Department Head. Each employee will be given two
(2) personal days per calendar year, and the days
must be used in that calendar year. A personal day
will not be available to an employee during his /her
introductory period.
9.13.2 Any employee hired after May 31St and who
has completed the probationary period before Jan
1St may carryover the prorated floating holiday
hours into the following year to be used by June
30tH
9.13.3 Personal days will be pro -rated to 1 day if
hired after June 30th of the calendar year.
37 31
5�
Section 9.14 Vacations
Paid vacations are available to all regular full time
and regular part time employees who work twenty
(20) or more hours per week. The following applies
to all non - exempt employees as defined in Section
3.6.5. All exempt employees, as defined in Section
3.6.4, will be eligible for one more additional vaca-
tion week than described in Sections 9.14.1 through
9.14.5 below. See chart.
9.14.1. Vacation time will be awarded at a rate of six
and one quarter (6.25) hours per month for non ex-
empt employees and nine hours, twenty three
minutes (9.375) hours per month for exempt em-
ployees in their first year of employment. There-
after, vacation will be awarded to an employee on
January 1st for the entire calendar year based on
their exempt or non exempt status and years of ser-
vice. No paid vacation will be taken during the in-
troductory period unless the need for time is speci-
fied prior to hiring. This will require the Depart-
ment Head and Town Manager approval.
9.14.2. Two (2) weeks' vacation time will be award-
ed to all regular employees beginning January 1st
after their employment.
9.14.3. A third week of vacation time will be award-
ed to all regular non - exempt employees on their
fifth anniversary of continuous service. This third
week will be pro -rated based on the remaining
months in the calendar year.
9.14.4. A fourth week of vacation time will be
awarded to all regular non exempt employees on
their tenth anniversary of continuous service. This
fourth week will be pro -rated based on the remain-
ing months in the calendar year.
9.14.5. A fifth week of vacation time will be award-
ed to all regular non exempt employees on their
twentieth anniversary of continuous service. This
fourth week will be pro -rated based on the remain-
ing months in the calendar year.
9.14.6 Exempt employees follow the same rules
with regard to awarding of vacation time with a
slightly different schedule. Please see table.
9.14.7 The Town Manager may set a different vaca-
tion schedule for incoming employees based upon
relevant credible years of service with another mu-
nicipality, the Commonwealth of Massachusetts or
the private sector. Prior municipal credible service
will be credited toward the calculation of vacation
time.
9.14.8 Vacations must be taken within the calendar
year. An employee advanced up to three (3) weeks
vacation may elect to carry over one (1) week of va-
cation into the next calendar year. An employee
advanced four (4) weeks or more vacation may carry
over up to two (2) weeks of vacation into the next
calendar year. Any vacation carried over must be
taken by June 30th of the next calendar year. All
carry over must have prior approval of the Depart-
ment Head.
9.14.9 Vacations are scheduled under the direction
of the Department Head at the convenience of the
Department.
9.14.10 If a holiday falls within the vacation period,
one day will be added to the vacation. If the em-
ployee has a "Holiday Bank" they must specify time
to be withdrawn from both vacation and holiday
banks.
5 e3�
9.14.11 Whenever the employment of a person is
terminated during the year by dismissal through no
fault or delinquency on his /her part, or by resigna-
tion in good standing, retirement or death, he /she
or his /her estate shall be paid at the regular rate of
compensation payable at the termination of em-
ployment, an amount in lieu of earned but unused
vacation.
9.14.12 An employee, who terminates employment
with the Town and who has taken advanced pay-
ment of vacation time in excess of that which has
accrued, (determined on the monthly accrual basis
referred to in 9.13.1),must compensate the Town
for the excess vacation either directly or by with-
holding from paychecks. Employees who are retir-
ing and give at least six (6) month notice will be enti-
tled to the full year's paid vacation without pro-
ration. This option is available only once. If, after
giving six (6) month notice, an employee decides not
to retire, the employee may not take advantage of
this option again.
9.14.13 Vacation Buyback The Town Manager may
implement a vacation buyback program based on
requests to carryover unused vacation time into the
next year. The program will be determined by the
number of weeks being requested, the availability of
funds and the needs of the department.
Section 9.15 Employee Accruals
Accruals for all employees are based on a five (5)
day workweek. New hires will be subject to pro-
rated amounts, based on the first of the month in
which they are hired, with the exception of holiday
banks. (see section 9.12.3). Any questions in re-
gards to accrual banks should be directed to human
resources.
Per diem, seasonal, and temporary employees do
not qualify for time off accruals. This includes Retir-
ees collecting a pension from the Town of Reading.
Section 9.16 Attendance and Punc-
tuality
Vacation and holidays must be��'
.�0 2.
scheduled with one's supervisor in ag 3-
advance. Sick leave may be used in '8 54"
the case of emergency or sudden
illness without prior scheduling.
Patterns of absenteeism or tardiness may result in
discipline even if the employee has not yet exhaust-
ed available paid time off. Absences due to illnesses
or injuries that qualify under the Family and Medical
Leave Act (FMLA) will not be counted against an em-
ployee's attendance record. Medical documentation
within the guidelines of the FMLA may be required
in these instances.
Not reporting to work and neglecting to report the
absence is a no- call /no -show and is a serious
matter. The first instance of a no call /no show will
result in a final written warning. The second sepa-
rate offense may result in termination of employ-
ment with no additional disciplinary steps. A no
call /no show lasting three days may be considered
job abandonment and may be deemed an employ-
ee's voluntary resignation of employment.
<m
Section 9.17 Group Health, Q9.
Dental and Life Insurance
Benefits
The Town complies with State Law regarding group
health and life insurance. The Town provides and
may amend a package of group health and life insur-
ance benefits to its qualified employees as outlined
in section 9.1 Employees may choose from among
available medical benefits or may decline such ben-
efits. Group health benefits are offered with a
shared cost between the employee and the Town.
These shared costs may be changed through the
alt, Public Employee Committee
S process.
= Dental benefits are offered
Alm, DE „x,, surance Company, Inc. without a shared cost from the
Town. Dental benefits are
offered through the same open enrolment process
as health benefits and follow the same rules. Dental
benefits are not offered to retirees. Employees re-
tiring may elect COBRA coverage at the time of re-
tirement to continue dental benefits up to 18
months or as defined in COBRA regulations and as
amended.
39
Please communicate with the Town Human Re-
sources division at the time of retirement to main-
tain the appropriate benefit plan or make adjust-
ment as allowed and regulated by the Affordable
Care Act.
The Town recognizes the validity of a coalition bar-
gained agreement regarding group health and life
insurance. Town and its employees recognize that,
unless there is a change in State statutes to the con-
trary, they are bound by this agreement and under-
stand it may be modified through the coalition bar-
gaining process from time to time.
Section 9.18 Employee Assistance Program
The Town of Reading will offer its regular employees
and /or their immediate families an Employee Assis-
tance Program hereafter known as "EAP ". The goals
of this program are:
1. To retain valued employees;
2. To restore productivity through early iden-
tification of personal problems; and
3. To motivate employees to seek help with
life management problems.
The EAP consists of an outside counseling group re-
tained by the Town to provide professional counsel-
ing and referral services. Their trained personnel
can quickly assess an employee's problem, provide
short -term counseling and /or referral and follow -up
services until the problem is resolved.
Talking to an EAP counselor is free. Costs occur to
the employee only if professional help is recom-
mended by the counselor. Most professional ser-
vices will be covered, either partially or totally, by
the employee's existing health insurance.
Information on the EAP will be posted prominently,
will be available in all Town buildings, and will be
available from Department Heads and the Human
Resources Division.
An employee's private life is not the concern of the
Town. However, when an employee's personal life
problems and stress begin to affect his /her job per-
formance or attendance, the matter becomes a jus-
tifiable concern of the Town.
When an employee's job performance is impaired,
normal supervisory assistance will serve as the moti-
vation by which employee's job performance will
return to an acceptable level in most cases. In those
cases where normal remedial or supervisory assis-
tance does not correct performance problems, out-
side or personal problems may be the cause.
The Town encourages all employees experiencing
40 560
physical illness, mental or emotional distress, finan-
cial hardships, marital or family difficulties, sub-
stance abuse or addiction, legal problems or any
other concerns, to seek appropriate help. In most
cases, identifying the problem and receiving appro-
priate assistance will lead to its successful resolu-
tion. The Town supports and encourages employ-
ees in their efforts to resolve personal or family
problems.
The Town believes an employee's job performance
may be affected by the problems of family mem-
bers. For this reason, the Town extends the same
offer of assistance to the immediate family of all
regular employees.
All contacts with the Employee Assistance Program
are completely confidential. Records are kept at the
EAP offices, and may not be released
without the employee's written con-
sent.
The Town's concern with life man-
agement problems is strictly limited
to an employee's job performance.
Employees are assured that their job
security, future reputation or pro-
motional opportunities will not be
jeopardized by participation in the EAP.
It is the policy of the Town of Reading to encourage
employee development on the part of regular full
time and regular part time employees when the em-
ployee development will enable them to better per-
form their current jobs, and when it will prepare
them for advancement and promotion within the
Town.
Employee development may include conferences,
seminars, non - accredited courses, accredited col-
lege courses, college courses while enrolled in a de-
gree program and enrichment programs offered by
the Town.
In order to encourage employee development, the
Town will pay for costs reasonably related to the
programs included in the definition of continuing
education. These costs may include tuition, registra-
tion and books and publications.
Parking, mileage or other transporta-
tion, meals and lodging, if the pro-
gram is away from the immediate
area, will be evaluated on a case -by-
case basis, and may be paid when
the employee development is direct-
ly related to the existing job of the
employee and is not part of a degree
Section 9.19
Employee
Development
program.
Attendance at employee development programs is
dependent upon the following:
1. The employee must have completed the proba-
tionary period;
2. The employee development program must be
related to the employee's current job or a job
that can reasonably be expected to be available
with the Town in the near future;
3. Adequate appropriation in the Municipal Budg-
et dedicated to employee development;
4. The Division or Department Head must feel that
attendance at the program will not adversely
affect the functioning of the Division or Depart-
ment in the employee's absence;
5. Application to attend the program must be
made in writing and approved by the Division
and Department Head and the Town Manager in
advance of the beginning of the program;
6. The employee must complete the program with
41 Seas
a grade of "C" or better
with satisfactory comple-
tion of the course if the
course is ungraded.
An employee development
program that is directly related to a current job held
by an employee may be taken during working hours.
Section 9.20 Office Closings
In extreme cases, the Town Manager may order the
closing, late opening or early closing of non-
essential buildings such as the Town Hall or the Li-
brary. Every effort will be made to contact employ-
ees directly either by "telephone trees" or electron-
ic notification. In such instances, employees will not
be charged for the time off, but neither will employ-
ees who had already arranged for paid time off be
credited with that time.
In cases of severe weather and driving conditions,
the Town will exercise flexibility in arrival and leav-
ing times, so long as the time is made up or charged
to vacation or floating holiday leave.
In cases where an employee feels personally at risk
due to extreme weather conditions, or other ex-
treme emergency, and an office closing has not
been ordered, the employee may make up the time
or take accrued vacation or floating holiday leave for
that day or part of a day that he /she chooses not to
come to work or chooses to leave early.
It is the responsibility of the Department Head to
ensure that there is adequate office coverage at all
times when Town buildings are open for business.
Section 9.21 Personal Property
The Town shall reim-
burse employees for
lawm,�:_mnv the reasonable re-
placement cost of
personal property (glasses, artificial teeth, watches,
etc.) which is required by the job and damaged by
accident in the course of employment. Employees
should use all reasonable precautions to prevent
loss or damage by accident to personal property.
Section 9.22
Employee Discount Program
On occasion the Human Resources Division will noti-
fy Town employees of their eligibility to enroll in
employee discount programs offered by local mer-
chants and national vendors. When possible every
effort will be made to include Town Residents in
these programs. The information on these pro-
grams will be available on the Human Resources
page of our website. A list of vendors and when ap-
plicable, links will be available
to sign into the enrollment
page of the vendor offering
the discount. It will be the re-
sponsibility of the individual
enrolling into the program to
follow up with the vendors to
insure their membership and profiles are correct
with the vendor offering the discount.
The Town Manager will have final decision on pro-
grams being offered.
ARTICLE 10: DISCIPLINARY ACTION
Disciplinary action is the action taken as a result of
unsatisfactory performance, absenteeism, or mis-
conduct by an employee.
Among those actions which may result in immediate
suspension without pay, demotion or dismissal are
the following:
1. Absence from duty for one (1) work day or more
without notice and /or without approval of the
employee's supervisor;
2. Insubordination or serious breach of discipline;
3. Impairment caused by the use of alcohol, drugs
or controlled hazardous substances while on du-
ty;
4. Chronic or excessive absenteeism;
S. Disorderly conduct while on duty;
6. Breaking of any Town, State or Federal law while
at work;
7. Conviction of a criminal act or offense;
8. Negligence, willful damage or private use of
public property or of public supplies;
9. Use or attempt to use one's authority or official
influence to control or modify the political ac-
tions of any Town employee, or engaging in any
form of political activity during working hours.
This list is for illustrative purposes only.
42 50,
Action for the offenses listed below will generally be
taken in the following order: oral reprimand, written
reprimand, suspension with or without pay, demo-
tion and dismissal. The Town reserves the right to
take any form of disciplinary action, including dis-
missal, for any offense depending on the serious-
ness of the offense, or where it believes the public
health, safety, or welfare warrants other action or
where the Town Manager believes other action is
necessary.
1. Neglect of duty;
2. Failure to report to work after authorized leave
has expired, or after such leave has been disap-
proved or revoked;
3. Incompetence or inefficiency;
4. Willful violation of any stat-
utes, rules, regulations, Depart-
mental regulations, or policies
relating to Town employees.
Oral reprimands may be adminis-
tered by the Department Head
or by the Town Manager. An
employee who is issued an oral
reprimand will be specifically in-
formed of the oral reprimand,
and the Department Head may keep a written nota-
tion of the oral reprimand although that notation
will not be kept in a personnel file.
Department Head or Town Manager, whoever is ad-
ministering the discipline. Appeal from a
disciplinary action may be made in accordance with
Article 11.
ARTICLE 11: COMPLAINTS PROCEDURE
All differences, disputes and complaints that may
arise between Town employees and their respective
Departments shall be considered at reasonable
times during working hours and handled in the fol-
lowing steps:
Step 1. Within seven (7) calendar days following the
incident which gave rise to the complaint, the ag-
grieved employee may take his/
her complaint to the immediate
A written reprimand may be issued by the Depart-
ment Head with a copy to the Town Manager, or by
the Town Manager directly with a copy to the De-
partment Head, and a copy will be included in the
personnel file.
A suspension may be issued by the Department
Head but only in consultation with the Town Manag-
er or by the Town Manager directly and a copy will
be included in the personnel file.
All other forms of discipline will be administered by
the Town Manager upon consultation with the De-
partment Head. A record of all disciplinary action
(except for oral reprimands) will be included in the
employee's personnel file.
Any employee being disciplined shall have a right to
be informed of the charges and penalties assessed,
and shall have a right to discuss these with the
supervisor for resolution. If the
matter is not resolved to the
satisfaction of the employee
within two (2) working days, the
employee may proceed to Step
2.
Step 2 Within seven (7) calendar
days following the completion of
Step 1, the employee may meet
with his /her immediate supervi-
sor and the appropriate Department Head to re-
solve the complaint. If the complaint is not resolved
to the satisfaction of the employee within seven (7)
calendar days, the employee may proceed to Step 3.
Step 3 Within seven (7) calendar days following the
completion of Step 2, the employee may notify the
Town Manager, in writing, of his /her complaint . If
the complaint is not resolved to the satisfaction of
the employee within fourteen (14) calendar days,
the complaint may proceed to Step 4.
Step 4 Within seven (7) calendar days following the
completion of Step 3, the employee may request a
meeting with the Board of Selectmen. The meeting
shall be held within twenty eight (28) calendar days
of the request. The decision of the Board of Select-
men shall be final and binding upon all parties con-
cerned.
Any complaint withdrawn prior to step 4 shall be
considered waived and dismissed.
All differences, disputes and complaints that may
43 5tq3
arise between Library employees and their
supervisors shall be handled in the manner
stated above, except the Board of Library 1
Trustees shall be substituted for the Town g
Manager in Step 3.
Also See Workplace Harassment ( Section 7.2)
ARTICLE 12: ELECTRONIC COMMUNICATION
/_1017P►lilt:1 Z►14011
The following guidelines have been established for
using the Internet, Town - provided cell phones and e
-mail in an appropriate, ethical and professional
manner:
Internet, Town - provided equipment (e.g., cell
phone, laptops, computers) and services may
not be used for transmitting, retrieving or stor-
ing any communications of a defamatory, dis-
criminatory, harassing or pornographic nature.
• The following actions are forbidden: using dis-
paraging, abusive, profane or offensive lan-
guage; creating, viewing or displaying materials
that might adversely or negatively reflect upon
the Town of Reading or be contrary to the
Town's best interests; and engaging in any illegal
activities, including piracy, cracking, extortion,
blackmail, copyright infringement, and unau-
thorized access of any computers and company -
provided equipment such as cell phones and lap-
tops.
• Employees may not copy, retrieve, modify or
forward copyrighted materials, except with per-
mission or as a single copy to reference only.
Employees must not use the system in a way
that disrupts its use by others. Employees must
not send or receive large files that could be
saved /transferred via thumb drives. Employees
are prohibited from sending or receiving files
that are not related to work.
• Employees should not open suspicious e- mails,
pop -ups or downloads. Contact IT with any ques-
tions or concerns to reduce the release of virus-
es or to contain viruses immediately.
• Internal and external a -mails are considered
business records and may be subject to discov-
ery in the event of litigation and could be consid-
ered public information. Be aware of this possi-
bility when sending e-mail within and outside
the Town.
12.1 Right to Monitor
12.2 Social Media Policy
The Town of Reading understands that social media
can be a fun and rewarding way to share your life
and opinions with family, friends and co- workers
around the world. However, use of social media also
presents certain risks and carries with it certain re-
sponsibilities. To assist you in making responsible
decisions about your use of social media, we have
established these guidelines for appropriate use of
social media.
This policy applies to all Town of Reading Employ-
ees. Managers and supervisors should use the sup-
plemental Social Media Management Guidelines for
additional guidance in administering the policy.
12.3 Guidelines
In the rapidly expanding world of electronic commu-
nication, social media can mean many things. Social
media includes all means of communicating or
posting information or content of any sort on the
Internet, including to your own or someone else's
web log or blog, journal or diary, personal web site,
social networking or affinity web site, web bulletin
board or a chat room, whether or not associated or
affiliated with The Town of Reading, as well as any
other form of electronic communication. The same
44 5ev,�
prin-
';nceritY
h
e-t
ciples and guidelines found in The Town of Read-
ing's policies and three basic beliefs apply to your
activities online. Ultimately, you are solely responsi-
ble for what you post online. Before creating online
content, consider some of the risks and rewards
that are involved. Keep in mind that any of your
conduct that adversely affects your job perfor-
mance, the performance of fellow associates or oth-
erwise adversely affects residents, businesses, cus-
tomers, suppliers, people who work on behalf of the
Town of Reading or the Town of Reading's legiti-
mate business interests may result in disciplinary
action up to and including termination.
12.4 Know and follow the rules
Carefully read these guidelines, the Town of Read-
ing's Ethics Policy, the Town of Reading's Infor-
mation Policy and the Discrimination & Harassment
Prevention Policy, and ensure your postings are con-
sistent with these policies. Inappropriate postings
that may include discriminatory remarks, harass-
ment, and threats of violence or similar inappropri-
ate or unlawful conduct will not be tolerated and
may subject you to disciplinary action up to and in-
cluding termination.
12.5 Be respectful
Always be fair and courteous to fellow associates,
customers, residents, suppliers or people who work
on behalf of the Town of Reading. Also, keep in
mind that you are more likely to resolve work -
related complaints by speaking directly with your co
- workers or by utilizing our Open Door Policy or our
Employee Assistance Program than by posting com-
plaints to a social media outlet. Nevertheless, if you
decide to post complaints or criticism, avoid using
statements, photographs, video or audio that rea-
sonably could be viewed as malicious, obscene,
threatening or intimidating, that disparage custom-
ers, residents, businesses, associates or suppliers, or
that might constitute harassment or bullying. Exam-
ples of such conduct might include offensive posts
meant to intentionally harm someone's reputation
or posts that could contribute to a hostile work envi-
ronment on the basis of race, sex, disability, religion
or any other status protected by law or company
policy.
12.6 Be honest and accurate
Make sure you are always honest and accurate
when posting information or news, and if you make
a mistake, correct it
quickly. Be open about
any previous posts you
have altered. Remem-
ber that the Internet
archives almost every-
thing; therefore, even
deleted postings can be searched. Never post any
information or rumors that you know to be false
about the Town of Reading, fellow associates, resi-
dents, businesses, customers, suppliers or people
working on behalf of the Town of Reading.
12.7 Post only appropriate and respectful content
• Maintain the confidentiality of the Town of
Reading and private or confidential information. Do
not post internal reports, policies, procedures or
other internal business - related confidential commu-
nications.
• Do not create a link from your blog, website or
other social networking site to a Town of Reading
website without identifying yourself as a Town of
Reading Employee.
Express only your personal opinions. Never repre-
sent yourself as a spokesperson for the Town of
Reading. If the Town of Reading is a subject of the
content you are creating, be clear and open about
the fact that you are an employee and make it clear
that your views do not represent those of the Town
of Reading, fellow associates, residents, businesses,
customers, suppliers or people working on behalf of
45
5
the Town of Reading. If you do publish a blog or
post online related to the work you do or subjects
associated with the Town of Reading, make it clear
that you are not speaking on behalf of the Town of
Reading. It is best to include a disclaimer such as
"The postings on this site are my own and do not
necessarily reflect the views of the Town of Read-
ing."
12.8 Using social media at work
Refrain from using social media while on work time
or on equipment we provide, unless it is work -
related as authorized by your manager or consistent
with the Town of Reading Policy. Do not use the
Town of Reading.email addresses to register on so-
cial networks, blogs or other online tools utilized for
personal use.
Section 12.9 Retaliation is prohibited
The Town of Reading prohibits taking negative ac-
tion against any associate for reporting a possible
deviation from this policy or for cooperating in an
investigation. Any associate who retaliates against
another associate for reporting a possible deviation
from this policy or for cooperating in an investiga-
tion will be subject to disciplinary action, up to and
including termination.
12.10 Media contacts
Associates should not speak to the media on the
Town of Readings behalf. All media inquiries should
be directed to the Director of Administrative Ser-
vices who serves as Ombudsman.
For more information
If you have questions or need further guidance,
please contact your Human Resources.
ARTICLE 13: SOLICITATIONS, DISTRIBUTIONS AND
POSTING OF MATERIALS
The Town of Reading prohibits
the solicitation, distribution
and posting of materials on or NO
at Town property by any em- SOLICITING
ployee or nonemployee ex- $TNEE78 AND NIONWAYS
i CODE -SECTION 225.3.
cept as may be permitted by
this policy. The sole exceptions
to this policy are charitable and community activi-
ties supported by the Town of Reading and Town -
sponsored programs or Town's services.
Provisions:
• Nonemployees may not solicit employees or dis-
tribute literature of any kind on Town property
premises at any time.
• Employees may only admit nonemployees to
work areas with management approval or as
part of a Town - sponsored program. These visits
should not disrupt workflow. An employee must
accompany the nonemployee at all times. For-
mer employees are not permitted onto Town
property except for official Town business with
notification and approval of the Town Manager.
Employees may not solicit other employees dur-
ing work times, except in connection with a
Town - approved or sponsored event.
Employees may not distribute literature of any
kind during work times or in any work area at
any time, except in connection with a Town -
sponsored event
The posting of materials or electronic announce-
ments are permitted with approval from the
Town Manager.
Violations of this policy should be reported to Hu-
man Resources.
ARTICLE 14: CONFLICT WITH CIVIL SERVICE AND
OTHER REGULATIONS
Nothing in this Policy shall be construed to conflict
with Chapter 31 of the Massachusetts General Laws.
To the extent that these policies conflict with appli-
cable Civil Service or other requirements, and the
46 �Z�1
W
Civil Service or other requirements are binding on
the Town, the Civil Service or other requirements
shall apply only to the extent that there is a conflict.
Generally to the extent there is any conflict be-
tween the terms of these personnel policies and the
Charter or the By -Laws, the terms of the Charter or
the By -Laws shall control. If there is any conflict be-
tween the terms of these personnel policies and any
written contract or collective bargaining agreement,
the terms of the written contract or collective bar-
gaining agreement shall control only to the extent
that there is a conflict.
ARTICLE 15: EFFECT OF INVALIDITY
The invalidity of any section or provision of this poli-
cy shall not invalidate any other section or provision
thereof.
ARTICLE 16: EFFECTIVE DATE
This policy is effective as of the date it is approved
by the Board of Selectmen. This policy will not be
construed to deprive any person employed at the
effective date of this policy of any promotional right
in normal career development, nor change the ex-
isting status of any employee. However, the Town
may modify schedules, shifts, squads, or work units
to eliminate any potential for conflict under this pol-
icy.
Paul Dalton and Dan Pouliot and our Advanced
Life Support Ambulance.
47
The following schedules are available online
www.readingma.gov and from the Human Re-
sources Director.
Schedujpgtaa,ddapti&a rR16w1988
Sched*Viliea, Compen Mfliarg, 1990
Schedule A -2, Classificajjpfir&n13,SfMpnal Employ-
ee
August 26, 1997
Schedule B -2, Compensation Plan - Seasonal Em-
ployee December 14, 1999
May 21, 2002
April 15, 2003
October 6, 2009
This Complaint Form should be used for all
complaint's of workplace harassment as noted Town of Reading
} in Article 7.2 of the Employee Handbook. Human Resources
116 Lowell Street
' Reading, MA, 01867
Harassment Complaint Form
EMPLOYEE'S INFORMATION
Narew: Dam:
Tide, Division:
HARASSMENT JNF0f?MATION
f
Describe the nature of the alleged harassment:
Partin responsible far the alleged harassment:
IFS = � �t..�� -
Describe anysursequent irmiderts,
Ust any wYmesses and describe what they may have Seen or heard:
Employee's Signature Dade
***Upon completitm, ' bim should be semi: to the Human Resources Director.
48 5��,g
3
Employee Handbook Acknowledgment and Receipt
I have received my copy of the Employee Handbook.
The employee handbook describes important information about the Town of Reading, and I understand that I should consult my
manager or Human Resources regarding any questions not answered in the handbook. I have entered into my employment rela-
tionship with the Town of Reading voluntarily and acknowledge that there is no specified length of employment. Accordingly,
either I or the Town of Reading can terminate the relationship at will, with or without cause, at any time, so long as there is
not violation of applicable federal or state law.
I understand and agree that, other than the Town Manager, no manager, supervisor or representative of the Town of Reading
has any authority to enter into any agreement for employment other than at will; only the Town Manager has the authority to
make any such agreement and then only in writing signed by the Town Manager.
This handbook and the policies and procedures contained herein supersede any and all prior practices, oral or written represen-
tations, or statements regarding the terms and conditions of my employment with the Town of Reading. By distributing this
handbook, the Town of Reading expressly revokes any and all previous policies and procedures that are inconsistent with those
contained herein.
I understand that, except for employment -at -will status, any and all policies and practices may be changed at any time by the
Town of Reading, and the Town of Reading reserves the right to change my hours, wages and working conditions at any time. All
such changes will be communicated through official notices, and 1 understand that revised information may supersede, modify or
eliminate existing policies. Only the Town Manager has the ability to adopt any revisions to the policies in this handbook.
I understand and agree that nothing in the Employee Handbook creates, or is intended to create, a promise or representation
of continued employment and that employment at the Town of Reading is employment at will, which may be terminated at
the will of either Town of Reading or myself. Furthermore, I acknowledge that this handbook is neither a contract of employ-
ment nor a legal document. I understand and agree that employment and compensation may be terminated with or without
cause and with or without notice at any time by the Town of Reading or myself.
I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this
handbook and any revisions made to it.
Employee's Signature
Employee's Name (Print)
Date TO BE PLACED IN EMPLOYEE'S PERSONNEL FILE
If reviewing this policy in electronic format, please print this page, sign it and return to Human Resources.
49 � ��q
Board of Selectmen Policies - Article 2 Volunteers, Boards and Committees
Suggested Policy Current Policy
Section 2.1 Policy on Volunteers ISection 2.5 Policy on Volunteers
Eugene R. Nigro Town Government
Section 2.6 Volunteer Award
Policy Establishing Boards and Standing Boards, Committees and
Section 2.3 Committees Section 2.3 Commissions (2nd part)
Section 2.4 Ad Hoc Committees (2nd part)
5�\
General Provisions for all Boards,
Section 2.2 Policy on Boards and Committees
Section 2.1
committees and Commissions
Section 2.2
Code of Conduct
Standing Boards, Committees and
Section 2.3
Commissions (1st part)
Section 2.4
Ad Hoc Committees (1st part)
Policy Establishing Boards and Standing Boards, Committees and
Section 2.3 Committees Section 2.3 Commissions (2nd part)
Section 2.4 Ad Hoc Committees (2nd part)
5�\
ARTICLE 2 — VOLUNTEERS. BOARDS AND
COMMITTEES
Adopted/Re- adopted March 30, 2004
2.1 - Aolicv On Vi
(no changes y suggested - needs BOS discussion and then legal /HR review)
Thi olicy is established by the Board of Selectmen of the Town of Reading to govern
fitment and use of volunteers as a vital resource to the operations of the Town and its
local government. The value of volunteers is long recognized in Reading, and the policy is
established to provide clear guidelines to the volunteers and to the staff that interact with them.
2.1.1- Volunteer Rizhts
1. Volunteers are viewed as a valuable resource. They shall be extended the right to
be given meaningful assignments, the right to appropriate training, the right to
effective supervision, the right to full involvement and participation, and the right
to recognition for work done.
2. Volunteers are to be treated as equals to the paid staff in terms of respect and
dignity. They are to be valued for their input and called upon for their opinions.
3. Volunteers have the right to have access to all information relevant to and
necessary for the satisfactory performance of their assignment.
2.1.2 - Volunteer Utilization
I. Volunteers will enhance the work of paid staff. Volunteer service will extend the
work of the Town of Reading into areas that otherwise could not be considered
due to fiscal or time constraint.
2. Volunteer positions will be sufficiently flexible, if appropriate, to allow the best
fit with the talents, skills, gifts and limitations of each volunteer.
3. The work in all volunteer positions should be meaningful and significant to
program participants, staff and volunteers.
2.1.3 - Volunteer Responsibilities
I. Volunteers shall agree to actively perform their duties to the best of their abilities,
and to remain loyal to the goals and procedures of the Department.
2. Volunteers are responsible for presenting a good image to the citizens of the
community. Volunteers shall dress appropriately for the conditions and
performance of their duties.
3. Volunteers will notify the coordinating staff member of any changes in
conditions, or any other concerns so that possible adjustments can be considered.
4. Individual volunteers are responsible for the accurate completion and timely
submission of any and all record keeping if directed by staff members.
2.1.4 - Staff Involvement
I. Every volunteer will have a clearly identified supervisor who will be responsible
for day -to -day consultation, support and direction.
2 - 1 Board of Selectmen Policies 5 � �
2. It is important that all volunteers have back up from staff members in the event
that they encounter difficulties in the course of their volunteer duties.
2.1.5 - Recruitment
1. Volunteers shall be recruited with the intent of strengthening volunteer programs,
either for a specific function or for general interest to be matched at a later time.
2. The sole qualifications for volunteer recruitment will be ability and suitability to
perform an assignment.
2.1.6 - Screening
1. Volunteers may be required to submit personal and /or professional references
prior to acceptance as a volunteer. Individuals who refuse to comply with this
request may not be accepted as volunteers.
2. Volunteers may be required to submit to a criminal record /police /reference /check
prior to acceptance as a volunteer. Individuals who refuse to comply with this
request may not be accepted as volunteers.
2.1.7 - Interviewing
1. The interview will offer the prospective volunteer the opportunity to learn about
the organization, its mission and available volunteer positions.
2. All volunteers will be interviewed to ascertain their suitability for and interest in a
position. Interviews should determine the qualifications of volunteers, their
commitment as well as any limitations to fulfill the requirements of the position,
and should answer any questions that the volunteers might have about the
position.
3. Volunteers will be fully and honestly informed of the expectations and
responsibilities of their volunteer position along with any risk or liability that the
position might entail.
2.1.8 — Placement
In determining suitable placements for volunteers, equal attention will be given to
the interests and goals of the volunteers, and to the requirements of the Department and
of the position in question.
2.1.9 - Orientation
The supervisor or appointed designee will introduce the volunteer to operations
and personnel of the Department and related Town functions. Appropriate policies and
procedures documents, including the Volunteer Manual and relevant job descriptions,
will be provided.
2.1.10 - Training
1. The supervisor or appointed designee will outline the job performance
expectations to the volunteer.
2. Volunteer training may include description, demonstration, on- the -job training or
a combination.
2 - 2 Board of Selectmen Policies t5�3
2.1.11 - Special Case Volunteers
The Town of Reading accepts as volunteer applicants those participating in
student community service activities, student intern projects, youth community service
projects, alternative sentencing or diversion programs and other volunteer referral
programs. Assignment must be confined to candidates with appropriate records and
experience.
A special agreement must be in effect with the organization, school or program
from whom the special case volunteers originate. Division of supervisory responsibility
between the organization and the Town Department must be identified as part of this
agreement.
2.1.12- Liability
1. Volunteers are considered as Town employees for "bodily injury" or "property
damage" caused to third parties while performing duties for the Town.
Volunteers are not covered by the Town for "bodily injury" or "personal injury"
that they themselves sustain while performing duties for the Town.
2. Volunteers are not covered by the Town's insurance under Workers'
Compensation coverage, and need to make sure that they are covered for injuries
to themselves under their own health insurance coverage.
3. Volunteers are required to maintain their own insurance while using their own
personal motor vehicle while acting as a volunteer driver for the Town. The
Town shall require evidence of such coverage where appropriate, and will also
require proof that the volunteer has a valid driver's license.
4. Volunteers are encouraged to consult with their own insurance agents regarding
the extension of their personal insurance to include community volunteer work.
5. Volunteers will be required to inform their own insurance company of their
volunteer driving activity to ensure continuance of protection.
2.1.13 - Confidentiality
1. Records should be maintained on volunteers including dates of service, positions
held, duties performed, evaluation of work. Volunteer personnel records shall be
accorded the same confidentiality as staff personnel records.
2. Volunteers shall hold in strictest confidence, all information -- verbal, written or
computerized -- concerning users of Town services, to be shared only with staff
members in order to offer appropriate assistance. Failure to maintain
confidentiality may result in termination of services or other corrective action.
2.1.14 - Evaluation
Each Department has the right to regularly monitor and evaluate the work
performance of all volunteers.
2.1.15 - Recognition
1. All staff and volunteers responsible for volunteer supervision are encouraged to
undertake ongoing methods of recognition of volunteer service on a regular basis
throughout the year. These methods of informal recognition range from verbal
2 - 3 Board of Selectmen Policies S� �
and /or written "Thank You" to a concerted effort to include volunteers as full
participants in program decision making and implementation.
2. An annual volunteer recognition event may be conducted to highlight and reward
the contribution of volunteers.
2.1.16 —Absenteeism
Volunteers are expected to perform their duties on an agreed -upon schedule and
on a timely basis. If expecting to be absent from a scheduled duty, volunteers should
inform their staff coordinator as far in advance as possible so that alternative
arrangements may be made.
2.1.17 - Substitution
Volunteers may be directed by the staff coordinator to find a substitute for any
upcoming absences. Substitutes may only be obtained from volunteers currently enrolled
in that program.
2.1.18 - Termination
1. Volunteers may resign from their volunteer service at any time. It is requested
that volunteers who intend to resign provide advance notice of their departure and
a reason for their decision.
2. Volunteers who do not adhere to the rules and procedures of the Department, or
who fail to satisfactorily perform their volunteer assignment are subject to
dismissal.
Adopted 3 -18 -97
2 1 19 — Transportation Guidelines — Volunteer Prollrams
Employees of the Town of Reading, and volunteers involved in transportation of
persons participating in programs sponsored by the Town of Reading, shall be guided by
the following policy.
It shall be the policy that the number of people being transported must not exceed
the number the vehicle is allowed by Massachusetts General Law, Chapter 90, Section
1 A.
It shall further be considered the policy that no person, when operating a motor
vehicle, shall permit to be on or in the vehicle or on or about his person, anything which
may interfere with or impede the proper operation of the vehicle or any equipment by
which the vehicle is operated or controlled, as stated by Massachusetts General Law,
Chapter 90, Section 13.
It shall further be the policy that the operator shall be properly licensed, and the
vehicle legally registered and insured and inspected yearly; that all passengers and the
driver have available, and will be required to use seatbelts when the motor vehicle is in
operation, and that the operator shall obey all the rules, regulations and laws of the road.
Adopted 2 -9 -87, Revised 12 -13 -94
2 1 20 - Eugene R Nigro Town Government Volunteer Award
There is hereby established the Eugene R. Nigro Town Government Volunteer Award in
recognition of the years rendered by Mr. Nigro in service to his community.
2 _ 4 Board ofSelectnzen Policies 5 � 5
An award will be presented annually to honor the service of Eugene R. Nigro by
recognizing the service of a current appointed or elected volunteer.
Elilzibility: Any Town Government volunteer who has served at least one term in their
particular office or function. This could include anyone from a Selectman to a Meals on
Wheels Volunteer to a PTA official.
Criteria: A volunteer who has demonstrated outstanding dedication to Town
Government activities, serving with honesty, integrity, sensitivity, fairness and a spirit of
cooperation.
Process: A Screening Committee is hereby established consisting of the Chairman and
Vice Chairman of the Board of Selectmen or their designees, the Chairman of the School
Committee or his /her designee, the Town Moderator or his /her designee, and the
Chairman of the Library Board of Trustees or his /her designee.
The Screening Committee will establish the procedures and develop forms for the
implementation of the Award Program.
The Screening Committee will review nominations submitted by December 1 st of
each year, and will select the award winner for presentation at the next Annual Town
Meeting. The Committee will screen nominations and select a final list. Nominations
will be accepted from any source.
Form of Award: The Award will include a plaque for presentation to the honoree and a
master plaque to be displayed at Town Hall with each year's honoree added.
Adopted 12 -13 -94
2 _ 5 Board of Selectmen Policies 5� (P
Section 2 2 — Policy on Boards and Committees
This policy is established by the Board of Selectmen and shall apply to all Boards and
Committees that fall under their purview. Such Boards and Committees may be established by
(1) Board of Selectmen Policy; (2) in accordance with Reading Home Rule Charter Article 4
Appointed Boards and Committees; (3) by any applicable Bylaw; or (4) by State Statute.
2.2.1 Boards and Committees established by Board of Selectmen Policy
1. Shall be either
(a) an ad -hoc committee established for a specific temporary purpose that is
expected to last for less than one year; or
(b) a standing board or committee established for longer than one year.
2. Ad -hoc committees may be extended beyond one year only by vote of the Board
of Selectmen.
3. Standing boards or committees may include a sunset clause.
2.2.2 Boards and Committees Established by Charter, Bylaw or State Statute
1. May be filled at the sole discretion of the Board of Selectmen, subject to
applicable laws (Town Counsel advice to Charter Committee — verify)
2. Shall follow the terms and conditions described in the Reading Home Rule
Charter Article 4 Appointed Boards or Committees.
2.2.3 All Boards and Committees Appointed by the Board of Selectmen
1. Shall be bound by all of the rules and regulations of the Town of Reading and the
Commonwealth of Massachusetts.
Shall report to the Board of Selectmen as often as requested and advise them on
matters that come before the board or committee as needed. (BOS discuss how
04:
this process should work)
3. Shall include a policy that establishes the number of and qualifications for its
members.
4. Shall have member terms for three years, and the initial terms shall be staggered
so that, to the extent possible, an even number of terms shall expire on June 30th
in each year.
Shall elect a Chair from the membership annually in the first meeting of each
fiscal year. Rotation of Chair responsibilities is encouraged to deepen the
volunteer experience. (last point a suggestion)
6. May include (a) a non - voting Selectman appointed as a liaison for a standing
board or committee; or (b) a voting or non - voting Selectmen appointed for an ad
hoc committee.
7. Shall include a policy that assigns an associated Town department.
8. Shall be made aware of a formal staff main point of contact to the board or
committee by the Town Manager or his designee.
Shall use the assigned staff main point of contact to communicate with the public
on official board or committee matters. (in Code of Conduct under Decision
Making, but pre- social media; added here)
2 - 6 Board of Selectmen Policies
Code of Conduct for All Board and Committee Members Appointed by the Boa
Selectmen (no changes yet suggested - needs BOS discussion and then legal review)
Every member of every Board or Committee who has been appointed by the Board
of Selectmen to that position is expected to comply with the following Code of Conduct, and
sign off that they received a copy of this policy. (new suggested sign — as with state ethics)
General
1. Are required to act with the highest level of integrity, business ethics and
objectivity in all matters.
2. Shall operate in a courteous, respectful, businesslike and efficient manner in all
aspects of their duties.
3. Must not misuse the authority or influence of their positions.
4. Are subject to Reading Home Rule Charter 8.12 Removal of an Appointed Board
or Committee Member.
Responsibilities
1. Realize that his or her function is to follow the mission statement of the B /C.
2. Realize that he or she is one of a team and without stifling free speech, each
member should abide by all decisions of the B/C once they are made.
3. Be well informed concerning the duties and responsibilities of the B /C.
4. Remember that he or she represents the entire community at all times.
5. Accept that the role of a B/C member is a means of unselfish service, not to
benefit personally or politically from his or her B/C activities.
Laws and Regulations Governing Action
1. Abide by the ethics guidelines established by the State.
2. Abide by all applicable state statutes and General Laws, Reading Home Rule
Charter, Town Bylaws, and all applicable policies established by the Board of
Selectmen, especially the email communications policy.
Decision Makin
1. Request assistance from Town staff or consultants only through the staff
person assigned to the B /C. If no staff person is assigned, go through the
Town Manager.
2. Not make statements or promises of how he or she will vote on matters that
will come before the B/C until he or she has had an opportunity to hear the
pros and cons of the issue during a public meeting of the B /C.
3. Make decisions only after all facts on a question have been presented and
discussed.
4. Refrain from communicating the position of the B/C (as opposed to the
member's personal position) to reporters or state officials unless the full B/C
has previously agreed on both the position and the language of the position
conveying the statement.
2 - 7 Board of Selectmen Policies
Treatment of Public, Staff, and Other Members
1. Treat with respect all members of the B /C, all applicants to come before the B /C,
and all staff and consultants working with the B /C, despite differences of opinion.
Concerns about staff performance should only be made to the Town Manager or
the Board of Selectmen liaison to the B/C through private conversation.
2. Insure that any materials or information provided to a B/C member from Town
staff should be made available to all B/C members.
3. If circumstances change so that meeting attendance on a regular basis becomes
difficult, the B/C member will offer his or her resignation to the Board of
Selectmen, so that someone who can regularly attend meetings can be appointed
by the Board.
Enforcement
If a B/C member's conduct is inconsistent with this code of conduct, the Board of Selectmen will
determine whether action needs to be taken. Action may include:
• a discussion with the Chairman of the BC and /or the Board of Selectmen liaison to try to
address the conduct;
• Consideration by the Board of Selectmen relative to reappointment when that consideration
comes before the Board of Selectmen.
Adopted by the Board of Selectmen 619109
2.2.5 — Remote Participation
All appointed and elected Boards and Committees (hereinafter `public body') are hereby
authorized to conduct Remote Participation subject to the requirements of The Massachusetts
Open Meeting Law, G.L. c30A, §20(d), 940 CMR 29.10, and the Additional Regulations listed
below.
Additional Regulations.
(1) Remote participation is limited to members of a public body and is not
available to the general public;
(2) A member of a public body requesting remote participation must notify the
Chair or acting Chair in writing and in advance of the meeting, stating the
reasons why;
(3) The person chairing the meeting may permit remote participation if he or she
determines that one or more of the following factors makes it unreasonably
difficult for the member requesting remote participation to physically attend
the meeting.
a. Personal illness;
b. Personal disability;
c. Emergency;
d. Military service; or
e. Geographic distance.
2 - 8 Board of Selectmen Policies (�
(4) Remote participation is allowed as audio only. The remote audio must be
clearly heard in the public meeting space to all participants;
(5) The Chair or acting Chair shall announce the presence of any remote
participants at the start of the meeting;
(6) If technical difficulties arise and persist during a meeting, the remote
participant will be declared to have left the meeting and the Chair of the
public body may decide to continue with the Agenda if there is a quorum still
physically present;
(7) A quorum of the body, including the Chair or, in the Chair's absence, the
person authorized to Chair the meeting, shall be physically present at the
meeting location, as required by M.G.L. c. 30A sec 20(d);
(8) All votes must be by roll call if there is a remote public body participant;
(9) All handouts or presentations must be made available to all remote
participants in advance. If used during the meeting, such documents shall be
part of the official record of the meeting, and shall be listed in the meeting
minutes and retained in accordance with M.G.L. c. 30A, sec. 22;
(10) A member participating remotely may participate in an executive session,
but shall state at the start of any such session that no other person is present
and /or able to hear the discussion at the remote location, unless presence of
that person is approved by a simple majority vote of the public body;
(11) Any costs associated with remote participation are born entirely by the
remote participant.
Adopted 12- 13 -94, Revised 1 -2 -96, Revised March 30, 2004, Revised November S, 2013, Revised August 12, 2014
2 - 9 Board of Selectmen Policies ( �O
ji
Section 2 3 — Policy Establishing Boards and Committees
(`extinct' boards are deleted)
2.3.1 Human Relations Advisory Committee (changed only for sunset date)
There is hereby established by the Board of Selectmen a Human Relations Advisory
Committee.
The Human Relations Advisory Committee shall provide advice to the Board of
Selectmen on how the community can encourage an environment of tolerance, understanding
and harmonious racial, ethnic, religious, cultural and gender relations within the Town and
among its citizens, prevent discrimination or the perception of discrimination on the basis of
color, age, gender, religion, disability, culture, national origin, ancestry or sexual orientation
within the Town or among its inhabitants, and enhance its ability to mediate differences arising
from the aforesaid relations.
The Human Relations Advisory Committee shall:
♦ Engage in out -reach to such groups which may have suffered from or been the object of
such discrimination, or may perceive themselves to have been the object of the same;
♦ Provide a safe place where individuals or groups may air their concerns or complaints as
to the existence of such discrimination, or where concerns as to the potential existence of
such discrimination within the Town or community at large or the perception thereof
may be discussed;
♦ Identify perceived problems of such discrimination or human relations conflicts within
the Town, and be a resource or referral agency to assist the parties or mediate among the
parties so as, to the extent possible, permit the resolution of the same at the local level;
♦ Promote and encourage understanding, tolerance and diversity and the recognition of
human and civil rights in the Town and community, and sponsor educational programs
and the celebrations of events for that purpose.
The Human Relations Advisory Committee shall consist of seven (7) members appointed
by the Board of Selectmen, unless another means of appointment is indicated. Members shall
reside in the Town or have their place of business in the Town. Membership on the Human
Relations Advisory Committee shall include the following:
♦ One member shall be a member of the Board of Selectmen or its designee,
♦ One member shall be the Chief of Police or his /her designee,
♦ One member shall be designated by the School Committee,
♦ The remaining four members shall be appointed by the Board of Selectmen and, to the
extent possible, shall be a diverse group which may include representatives from the
following fields:
♦ A business owner other than the real estate business or a business association;
♦ A representative of a real estate business or association;
♦ A representative of the Reading Clergy Association.
The Committee may invite to serve as non - voting members such voluntary consultants in
the field of human relations or human rights as it may choose from time to time. The Town
Manager may assign a staff liaison representative to the Human Relations Advisory Committee
and arrange for staff support.
2- 10 Board of Selectmen Policies � \\
The Committee shall be advisory to the Board of Selectmen and shall report at least
annually to the Board of Selectmen on policy issues. The Committee shall administratively fall
within the Police Department.
This Committee shall sunset on August 30, 2017 unless renewed by the Board of
Selectmen.
Adopted 2- 13 -01, Revised 7 -22 -0, Revised 12114104, Revised4 110112, Revised June 23, 2015, Revised May 2, 2017
2.3.2 Reading Climate Advisory Committee (unchanged)
The International Council for Local Environmental Initiatives (ICLEI) has established a
"Cities for Climate Protection" program, which works with cities, towns, and counties to reduce
the pollution that causes global warming.
There is hereby established a five (5) member Reading Climate Advisory Committee to
advise the Board of Selectmen on implementation of the Program. The purpose of the
Committee is to:
♦ Advise the Board of Selectmen on matters of policy related but not limited to the
"Cities for Climate Protection" Program for use within the Town of Reading. In
doing this work, the Committee will:
♦ Conduct a local emissions inventory of greenhouse gas emission.
♦ Recommend an emissions reduction target.
♦ Identify local actions that achieve the target.
♦ Develop a proposed implementation action plan identifying policies and
actions.
♦ Quantify and report benefits created.
♦ Make recommendations to the Board of Selectmen, the Town Manager, and other
bodies of the Town on measures appropriate to implement such a program.
The Committee will be made up of five (5) members appointed for 3 year terms, so
appointed that as even a number of terms shall expire in each year. In selecting the Committee
membership of 5 members, the Board of Selectmen shall appoint all members and shall give
consideration to members representing the following interests within the community:
➢ Residents of the community who have expertise or interest in conservation,
environmental affairs, energy, or other areas of expertise which, in the opinion of the
Board would be helpful in meeting the Committee's mission.
Subcommittees may be created by a vote of the Committee. Members of Subcommittees do
not necessarily have to be members of the Committee.
The Committee shall be advisory in all matters. Decisions as to whether or not to implement
measures shall rest with the Town Manager, the Board of Selectmen, or other body having
jurisdiction in the matter.
This Committee shall administratively fall within the Department of Community Services.
Staff as available will be assigned by the Town Manager to work with the Committee.
This committee shall sunset on June 30, 2017 unless renewed by the Board of Selectmen.
Adopted 11- 22 -05, Revised 4110112, Revised June 23, 2015
2.3.3 Reading Trails Committee (unchanged)
Based on the recommendation of the Northern Area Greenway Committee, there is hereby
established a five (5) member Reading Trail Committee (RTC) which will assume the
2- 11 Board of Selectmen Policies tp� �a
responsibilities of planning, developing, and maintaining present and future trails in the Town of
Reading. The goal is for the Town to create and maintain a connected, well- coordinated system
of trails to serve the residents of the community. The RTC will undertake the following
responsibilities.
♦ Make recommendations to the Conservation Commission, Town Forest Committee, and
Recreation Committee regarding development, operation, use, and maintenance of trails
crossing lands under the jurisdiction of these bodies. The RTC shall have no rule - making
authority itself.
♦ Act as a liaison between the Town of Reading and the Reading Open Land Trust, Friends
of Reading Recreation, Walkable Reading, Scout groups, and other youth and community
groups with respect to development, operation, use, and maintenance of trails.
♦ Coordinate and manage an Adopt -a -Trail program, if appropriate, for the maintenance of
trails or portions there -of.
♦ Set trail construction, maintenance, use, accessibility, and signage standards.
♦ Oversee production of trail maps and guides.
♦ Provide advice and recommendations on the development of the Ipswich River Greenway
and other trail initiatives arising from Town reports and studies.
♦ Approve volunteer trail projects before the volunteers seek approval for projects from the
Conservation Commission, Town Forest Committee, or other Town or other cooperating
organizations.
♦ Organize training, hikes, trail maintenance days, and trail construction projects.
♦ Foster working relationships with DPW, Police, Fire, Schools, or other agencies to carry
out the mission of the RTC.
♦ Encourage cooperation and address problems and conflicts in trail areas.
♦ Identify grant opportunities to support trail initiatives.
♦ Make recommendations to the Board of Selectmen, the Town Manager, and other bodies
of the Town on measures necessary and appropriate to implement the trails program.
The Committee will be made up of five (5) members appointed for 3 year terms, so
appointed that as even a number of terms shall expire in each year. Associate members may also
be appointed. In selecting the Committee membership of 5 members, the Board of Selectmen
shall appoint all members and shall give consideration to members representing the following
interests within the community:
➢ Recommendation of the Conservation Commission;
➢ Recommendation of the Town Forest Committee;
➢ Recommendation of the Recreation Committee;
➢ one or more residents of the community who do not represent the above groups, and who
has expertise in, conservation, environmental affairs, trails operation and maintenance, or
other areas of expertise which, in the opinion of the Board would be helpful in meeting
the Committee's mission.
Subcommittees may be created by a vote of the Committee. Members of Subcommittee
members do not necessarily have to be members of the Committee.
This Committee shall administratively fall within the Department of Community Services.
Staff as available will be assigned by the Town Manager to work with the Committee.
This Committee shall sunset on June 30, 2018 unless renewed by the Board of Selectmen.
2- 12 Board of Selectmen Policies
Adopted 3- 25 -08, Revised 4110112, Revised June 23, 2015
2.3.4 — Town Forest Committee (change only referance to Charter 4.11)
Town Meeting in 1930 established the "Committee on Re- forestation" which we now
refer to as the Town Forest Committee, Article 4.11 of the Reading Home Rule Charter provides
for the appointment by the Board of Selectmen of a Town Forest Committee. The purpose of
this policy is to establish the structure and purpose of the Town Forest Committee.
There is hereby established a 5 member Town Forest committee whose members shall be
appointed for three (3) year terms, so appointed that as close as possible to an even number of
terms shall expire each year. The Board of Selectmen shall give consideration to applicants with
the following credentials when selecting and appointing members of the Town Forest
Committee:
• Knowledge of the community
• Familiarity with and interest in the Town Forest
• Experience with open space preservation and /or land use management
• Interest and knowledge in protection of wildlife habitats, forest ecosystems, wetlands,
trails, outdoor recreation, and soil and water resources.
The Town Forest Committee shall serve as the stewards of the Town owned lands owned as
the Town Forest land. As stewards of the Town Forest, the Town Forest Committee shall
undertake the following tasks with and in cooperation with appropriate Town staff:
• With staff and input by the community, coordinate the development of a Town Forest
Stewardship Plan and a Town Forest Master Plan which will act as guides in future
decision making.
• Maintain ongoing files of information pertaining to the Town Forest, using the most
current available technology.
• Develop and adopt rules and regulations for the Town Forest.
• Coordinate scheduling as appropriate for the use of all or a portion of the Town Forest by
various community groups
The Town Forest Committee shall administratively fall under the Department of Public
Works. Staff as available shall be assigned by the Town Manager to work with the Town Forest
Committee.
Adopted 6122110, Revised April 23, 2013
2- 13 Board of Selectmen Policies 5� ��
Town of Reading ome ule Charter Article 4 - Appointed Boards or Committees
ARTICLE 4 APPOINTED BOARDS OR COMMITTEES
4.1 Board of Assessors
There shall be a Board of Assessors consisting of three (3) members appointed by the
Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire
each year.
The Board of Assessors shall have all the powers and duties granted to Boards of
Assessors by the Massachusetts General Laws, and such additional powers and duties as
may be provided by the Charter, by Town Bylaw or by Town Meeting vote.
The elected members of the Board of Assessors serving at the time that this section first
becomes effective may continue to serve in office until their elected terms expire, unless
reappointed for an additional term or terms pursuant to this section.
[Amended November 30, 1989 - Article 36 and approved by vote of the Town on March 19, 1990]
4.2 Board of Cemetery Trustees
There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by
the Board of Selectmen for three (3) year terms so arranged that two (2) terms shall
expire each year.
The Board of Cemetery Trustees shall have all the powers and duties granted to Boards
of Cemetery Trustees by the Massachusetts General Laws, and such additional powers
and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
4.3 Board of Commissioners of Trust Funds
There shall be a Board of Commissioners of Trust Funds consisting of five (5) members.
Three (3) shall be appointed by the Board of Selectmen for three (3) year terms so
arranged that one (1) term shall expire each year. In addition, the Board of Selectmen
shall appoint one of its members to serve as a full voting member ex officio, and the
Town Treasurer shall serve as a full voting member ex officio.
The Board of Commissioners of Trust Funds shall have such powers and duties as are
granted to them by the Board of Selectmen.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051
4.4 Board of Health
There shall be a Board of Health consisting of three (3) members appointed by the
Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire
each year.
The Board of Health shall have all of the powers and duties granted to Boards of Health
by the Massachusetts General Laws, and such additional powers and duties as may be
provided by the Charter, by Town Bylaw or by Town Meeting vote.
4.5 Community Planning and Development Commission
There shall be a Community Planning and Development Commission consisting of five
(5) members appointed by the Board of Selectmen for three (3) year terms so arranged
that as nearly an equal number of terms as possible shall expire each year.
The Community Planning and Development Commission shall have all of the powers and
duties granted to Planning Boards, Boards of Survey and Industrial Development
Page 1 17 Reading Home Rule Charter - April 2015
Town of Reading Home Rule Charter Article 4 - Appointed Boards or Committees
Commissions by the Massachusetts General Laws, and such additional powers and duties
as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The
Community Planning and Development Commission shall have the power to regulate the
subdivision of land within the Town by the adoption of Rules and Regulations pertaining
thereto.
The Community Planning and Development Commission shall make studies and prepare
plans concerning the resources, developmental potential and needs of the Town; and
shall report annually to the Town giving information regarding the physical condition of
the Town, and any plans or proposals known to it affecting the resources, physical
development and needs of the Town.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
4.6 Conservation Commission
There shall be a Conservation Commission consisting of seven (7) members appointed
by the Board of Selectmen for three (3) year terms so arranged that as near an equal
number of terms as possible shall expire each year.
The Conservation Commission shall have all the powers and duties granted to
Conservation Commissions by the Massachusetts General Laws, and such additional
powers and duties as may be provided by the Charter, by Town Bylaw or by Town
Meeting vote.
4.7 Council on Aging
There shall be a Council on Aging consisting of ten (10) members appointed by the
Board of Selectmen for three (3) year terms so arranged that as near an equal number
of terms as possible shall expire each year.
The Council on Aging shall have all the powers and duties given to Councils on Aging by
the Massachusetts General Laws, and such additional powers and duties as may be
provided by the Charter, by Town Bylaw or by Town Meeting vote.
4.8 Historical Commission
There shall be a Historical Commission appointed by the Board of Selectmen, which shall
determine the number of members and their term of appointment, not to exceed three
(3) years
The Historical Commission shall have all the powers and duties granted to Historical
Commissions by the Massachusetts General Laws, and such additional powers and duties
as may be provided by the Charter, by Town Bylaw or by Town Meeting vote.
4.9 Housing Authority
There shall be a Housing Authority consisting of five (5) members. Four (4) members
shall be appointed by the Board of Selectmen, and the fifth (5th) member shall be a
resident of the Town, appointed by the Commonwealth of Massachusetts or as otherwise
provided by law. Housing Authority Members shall serve for five (5) year terms so
arranged that one (1) term shall expire each year.
The Housing Authority shall have all of the powers and duties granted to housing
authorities by the Massachusetts General Laws, and such additional powers and duties
as may be provided by the Charter, by Town Bylaw or by Town Meeting vote.
=I
Page 1 18 Reading Home Rule Charter - April 2015
Town of Reading Home Rule Charter Article 4 - Appointed Boards or Committees
4.10 Recreation Committee
There shall be a Recreation Committee consisting of nine (9) members, eight (8)
appointed by the Board of Selectmen, and one (1) appointed by the School Committee
for three (3) year terms so arranged that three (3) terms shall expire each year.
The Recreation Committee shall have such powers and duties as are granted to them by
the Board of Selectmen, and such additional powers and duties as may be provided by
the Charter, by Town Bylaw or by Town Meeting vote.
The Recreation Committee shall be responsible for the evaluation of recreational
program activities, formulation of overall plans for recreational program development,
and for the scheduling of Town parks and recreational facilities when not in use by the
School Department.
4.11 Town Forest Committee
The shall be a Town Forest Committee, appointed by the Board of Selectmen, which
shall determine the number of members and their term of appointment, not to exceed
three (3) years.
The Town Forest Committee shall have all the powers and duties given to Town Forest
Committees by the Massachusetts General Laws, and such additional powers and duties
as may be provided by the Charter, by Town Bylaw, by the Board of Selectmen or by
Town Meeting vote.
4.12 Zoning Board of Appeals
There shall be a Zoning Board of Appeals consisting of five (5) members and two (2)
associate members appointed by the Board of Selectmen for three (3) year terms so
arranged that as near an equal number of terms as possible shall expire each year.
The Zoning Board of Appeals shall have all the powers and duties of Zoning Boards of
Appeal under the Massachusetts General Laws, and such additional powers and duties as
may, be provided by the Charter, by Town Bylaw or by Town Meeting vote.
[Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 2006]
4.13 Charter Review Committee
At least every ten (10) years, a special Committee consisting of nine (9) members shall
be established for the purpose of reviewing the Charter and making a report, with
recommendations, to the Town Meeting concerning any proposed amendments that said
Committee may determine to be necessary or desirable. The Committee shall consist of
the Moderator, one (1) member or designee of the Board of Selectmen, one (1) member
or designee of the School Committee, one (1) member or designee of the Board of
Library Trustees, one (1) member or designee, of the Municipal Light Board of
Commissioners, one (1) member of the Bylaw Committee and three (3) Town Meeting
members to be appointed by the Moderator.
4.14 Other Boards or Committees
Any of the elected boards or committees authorized by Article 3 may establish and
appoint or dissolve boards or committees from time to time for a specific purpose.
Members of such boards or committees shall reside in the Town of Reading at the time
of their appointment and during their term of office.
The appointing authority of any such board or committee shall, in advance of the first
meeting of said board or committee and annually thereafter, report the purpose,
membership and contact information of said board or committee to the Town Clerk.
5 � M
Page 1 19 Reading Home Rule Charter - April 2015
Town of Reading
Home Rule Charter Article 4 - Appointed Boards or Committees
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
[Amended November 15, 2010 - Article 15 and approved by vote of the Town on April 6, 2010]
4.15 Associate Membership
All appointed boards or committees authorized by Article 4 may have associate members
if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate
members shall be appointed in the same manner as other members of the board or
committee. All rules and regulations relating to associate membership on appointed
boards or committees shall be set forth in the Bylaw or Charter provision defining the
conduct of such bodies.
Associate members may not vote on any issue to be decided by the board or committee
to which the individual is appointed as an associate member except as allowed by the
Charter, Town Bylaw or the Massachusetts General Laws. Associates members of boards
or committees serving as of the effective date of this Section 4.15 shall be allowed to
serve until the end of their term or until June 30, 2015, whichever comes first.
1
Reading Home Rule Charter - April 2015
Page 1 20
Town Manager FY17 Goals
M
actual
actual
actual
_15/11/2017
Goals/ Working Groups
30 -Sep
3 ec
31-Mar
11-May
00% 100% 100%
Financial Sustainability 96% 1 -
1
Comprehensive financial review
100%
100%
100
100%
2
Local Real estate Tax Policy
100%
100
10 0.
100%
3
Projects outside of Tax Levy
900
100%
100%
4-1�G-ather
feedback on the balance of resources and services
--- -
100%,
-- ---- 0'1-----
100%
100%
- -- ---
100%
--- - 6
-- --
---
5
--
- I---- - --- ----
Provide Information to the Community
90%
lon,
i00%
l00%
Operational Efficiency 27% 55% 87% 90%---
6
Resource sharing with other communities & organizations
10%1
0
90%
90%
7
Master Plan for Human/Elder Services
250%
5 0/
80%
85%
8
Gather internal operations data
2 , c
5
50%
75%
75%
9
Conduct Peer comparisons as warranted & relevant
50%
]
100%
10
Continue to integrate and leverage technology
250o
50%
0
90%
100 %
Communication 34% 68% 81% 84%
11
Review BOS Policies - Article 2 Appointed Boards
25%
90% % 90yo
121
Improve Boards communication with BOS & community
10%
---- 50% 50% 50%
13
---
Cable Negotiations: complete by Nov. 2018 (FY17 portion)
169/0
25 - % 75%J 80%
75% 90%
14
Website continuous improvements
Complete Library Building project/communication needs
75%1
100% 100%1 100%1
15
35% 67% 80% 84%
I Policy
16
i
!Targeted Review of General Bylaws (Nov'16 Town Mtg) 90% 100% 100%1 100%
171
Review BOS Policies - Article 1 Oper. Procedures/Charter i 0% 25% 40% 50%
181
Review BOS Policies - Article 3 Licenses 25 %i 9 90% 90'%]
19
Complete Legal Review - union contracts Y 80% 90%
---90%
20�
Complete Review of Town Personnel Policies 50%1 60 90% -J
—
�Long Term Planning
32%
65%
82% 91%
211
Ec Dev: Downtown zonin g parking, initiatives/projects)
25%
-1 1"
60%J 100%
221
Ec Dev: Other Priority Development areas (zoning, mktg)
10
�
25.�
60% 60%
23
Ec Dev - Housing (zoning, demographics, projects)
510%
759/c�j
_100%1__ 100%,-
-- -
24
ads; wtr/swr)
Assess condition of Town Bldgs/space needs; roads;
25%J
75%1
910% 95%
25
e Oakland Rd)
Assess status of all Town owned land (include
509/c
1009/C
100% 100%
- equally weighted 45% 71% 86% 90%
M
Reading 2020 FY17 Working Groups & Goals
05/11/1/
R2020 -1 Financial Sustainability
LeLacheur Chair; Angstrom, Miller, °f,.�,f,e+,�, Santaniello; Halsey
Goal #1 Comprehensive financial review through FY2025 & FY2030
100% Complete. Financial review modelling done through 2030; extensive public review & discussion.
Goal #2 Local Real estate Tax Policy
100% Complete. Home Rule Petition approved by September Town Meeting; extensive public discussion.
Goal #3 Projects outside of Tax Levy
100% Complete. This goal is to identify projects and plan a strategy moving forward. September Town
Meeting approved a Capital Plan (blue pages), where the Facilities department (now under Town control)
presents more detailed information.
Goal #4 Gather feedback from the Community on the balance of resources and services
100% Complete. Three Community Listening Meeings held; September 1st Community Financial Forum
is planned. If an October Override fails, this topic may need revisiting for FY18 budget cuts?
Goal #5 Provide Information to the Community
100% Complete. Several public meetings have been held and extensive douments have been released
and reviewed. Overviews written on both Senior Tax Relief and the Override for September TM. Town
Manager and a Selectman have released information to the print media.
I M10,
R2020 -2 Operational Efficiency
Angstrom Chair; Delios, Jenkins, Furilla, Cabuzzi, LeLacheur; Ensminger
Goal #6 Resource sharing with other communities & organizations
90% complete. The Town is always looking for regionalization opportunities to provide greater efficiency/
savings. Currently, the Assessor position is regionalized with Wakefield. In FY16 a Regional
Housing Coordinator was hired. This position is shared with Saugus, N. Reading and Wilmington.
We are in ongoing discussions with 8 -10 communities for a range of issues, with a focus on DPW.
Goal #7 Master Plan for Human /Elder Services
85% complete. The UMass Boston Gerontology Institute has produced a draft Master Plan for Elder
Services. This will be combined with the survey by the MAPC into a final plan. Since the Override failed,
no forward action that requires funding should be expected on this plan for now.
Goal #8 Gather internal operations data
75% complete. THE FY18 budget process incorporated many changes in terms of presenting information
to Town Meeting. Remaining is to determine a list of departments /divisions to visit with the Selectmen.
Goal #9 Conduct Peer comparisons as warranted & relevant
100% complete. The Economic Development Liaison and Town Manager have built an extensive Peer
Community database that will be previewed with the Selectmen on April 20th. While the immediate use
is for studying levers of economic devleopment, the framework can tackle many other areas within the
organization. Broadly, there is better statewide school data than there is municiapl government data.
Goal #10 Continue to integrate and leverage technology
100% complete. An employee committee helped change our community alerts vendor to Code Red, which
works well with our other systems. Next year we will more closely examine some MUNIS features.
R2020 -3 Communication
Kraunelis Chair; Lannon Waring, Zager, Miller, Furilla, Jackson, Clark, Feudo, LeLacheur; Sextao)
Goal #11 Review Selectmen's Policies- Article 2 Appointed Boards
90% complete. The Executive Assistant and Town Manager have compiled an extensive background and
foundation on all appointed boards, including local and state legislative impacts. Remaining work is an
agenda item to discuss next steps, scheduled for May /June '17.
Goal #12 Improve communications between Appointed Boards & both BOS and the community
50% complete. Progress on this goal received a major setback when the Community Services Director
position needed to be eliminated after the failed Override (it was vacant at the time). This item will need
to be discussed further, a scaled back effort in Public Services will give more support to the ZBA as they are
very busy with 40B projects. Staffing support for volunteer boards is a challenge.
Goal #13 Cable Negotiations: complete by November 2018
80% complete. We have solicited feedback from area towns and from Town Counsel on what legal help
to enlist. We have collected all legal contracts and are reviewing the agreement with RCTV, who is
currently conducting a survey of the community. Annual Town Meeting has just approved funding for
legal services, so we will begin the procurement process.
Goal #14 Website continuous improvements
100% complete. A migration to a new software under the some vendor allows for handheld devices to
have much better functionality with the website. Following this transition, departments reviewed
their portions of the website to make sure content is current and accurate. The Town may have too much
information available, compared to Peer Communities. Content will be a future focus.
Goal #15 Complete Library Building project and Assess Communication needs
100% complete. The Library Building project has been extremely challenging and certainly shows the
wisdom of creating a Permanent Building Committee to oversee any future projects. The Town acquired
the services of a good Owner's Project Manager, but a large portion of work has fallen on the shoulders
of the Facilities Director, Assistant DPW Director and Town Manager in descending order. Future projects
should consider town staffing to ensure that a strong inside hands remains in control, in conjunction
with the PBC. The former Library Director and the Architect worked offline against protocol and we are
doing our best to bring the project in under budget.
R2020 -4 Policy
Burns Chair; Kraunelis, Segalla; Jenkins, Kinsella, Perkins, Schena, LeLacheur; Arena)
Goal #16 Targeted Review of General Bylaws (Nov'16 Town Meeting)
100% Complete. Several General Bylaws suggested by Town Counsel were completed by November Town
Meeting; the Bylaw Committee has created a list of changes meant for November 2017 Town Meeting.
Goal #17 Review Selectmen's Policies - Article 1 Operating Procedures /Charter
50% Complete. We have reviewed policies internally, and are debating nextsteps — Selectmen or Town
Counsel.
Some of the Policies may skirt the law while others have rarely if ever been followed. A periodic policy review
should be undertaken after this comprehensive review is complete. Town Manager Policies also exist in a
similar fashion, and should be folded into Selectmen's Personnel or other Polices as is appropriate.
The review and change to the Liquor licenses policy is complete. The Board of Selectmen approved the Liquor
license Changes. A Home Rule petition was filed and was passed by the Legislature and we believe it has been
signed by the Governor.
The issue with fingerprinting has been resolved in almost all cases. We are considering an amendment to the
finger printing requirement to only require this procedure less than annually for an individual in an ongoing
business
Goal #18 Review Selectmen's Policies - Article 3 Licenses
90% Complete. Excellent progress has been made on most of these licenses. Remaining areas to be
investigated either relate to economic development efforts or new societal items (such as Uber or Air BNB).
Goal #19 Complete Legal Review of all union collective bargaining contracts
90% Complete. All contracts have been ratified and approved by the BOS except for Dispatch (awaiting
union ratification vote) and Facilities (in negotiations). The retired HR Administrator has completed a
thorough review of all AFSCME contracts (4 unions, DPW & Facilities). We will assess the legal work
needed for the next round of contracts.
Goal #20 Complete Review of Town Personnel Policies
90% Complete. An employee committee has met to discuss these policies for over one year. In terms of
attracting and retaining employees, policies and compensation both play key roles. The Town
Manager has reviewed a draft set of changes and would like BOS feedback on an informal basis
before engaging a full discussion woth employees (union & non - union). This is set for May 2017.
R2020 -5 Long Term Planning
Delios Chair; LeLacheur, Huggins, Kinsella, Lannon, Mercier; Berman
Goal #21 Economic Development - Downtown(zoning, parking, initiatives /projects)
100% Complete. The foundation for many of these initiatives has been laid (i.e., 2009 Parking Study; the
EDSAT; the recent Ec Dev Action Plan; a recent $15,000 grant in April '17 for Wayfinding; and Town
Meeting approval of an expanded 40R downtown smart growth district. Next year we will review the need
for studying downtown parking, as we had delayed awaiting a 40R decision.
Goal #22 Economic Development - Other Priority Development areas (zoning, marketing)
60% Complete. See comments under Goal #9 for a discussion of Peer Community research; an Ec Dev
Liaison was hired to work on this project to establish a solid foundation of information for future use.
An Economic Development Director was hired mid fiscal year and has already established significant
working relationships with developers.
Goal #23 Economic Development - Housing (zoning, demographics, projects)
100% Complete. The town currently has five (5) 40B projects including (1) a past approval at 45 Beacon
Court that has not moved forward; (2) a spring 2015 application to the state that has not been approved
for Lyle Estates (meanwhile a 4 -lot subdivision is being reviewed by CPDQ (3) an August 2015 project
that received a comprehensive permit from the ZBA in February 2017 for Reading Village near the train
depot; (4) Schoolhouse Commons which is currently in front of ZBA; and (5) a large multi family project on
Eaton & Lakeview has been filed with the state. The town has received a one-year 'safe harbor'reprieve
from the state, so the latter project is not fully 'cleared'. The Metro North Reg'l Housing Svcs
Office is led by Reading and includes North Reading, Wilmington and Saugus working collaboratively.
Goal #24 Assess condition of Town infrastructure (Bldgs - existing /space needs; roads; wtr /swr)
95% Complete. A final draft of the building security study (conducted by an independent consultant
under the direction of the Facilities Director, Superintendet of Schools, Police Chief and Town Manager) is
complete with initial cost estimates. We will review next steps including Executive Sessions needed to
review with the elected Boards, and determine a funding path moving forward. For exisiting buildings,
the PBC has worked with the Facilities Director and will begin their annual reviews at Nov'17 Town Mtg.
Goal #25 Assess status of all Town owned land (include Oakland Road)
100% Complete. Town Counsel has completed an evaluation of Oakland Road, including all relevant
documents and past Town Meeting actions. November Town Meeting approved the first steps needed
to clear the legal issues, April 2017 Town approved the second steps which clear the title. The BOS will
next determine a public process to discuss possible uses of the property. Meanwhile, the PBC has worked
with the GIS Administrator and complied an extensive list of town -owned land.
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FR
ti. Town of Reading
Meeting Minutes
fs9")NCO
Board - Committee - Commission - Council:
Date: 2017 -05 -02
Building: Reading Town Hall
Address: 16 Lowell Street
Purpose: General Business
Attendees: Members - Present:
Time: 7:00 PM
Location: Selectmen Meeting Room
Session:
Version:
Chairman John Arena, Vice Chairman Barry Berman, Secretary Daniel
Ensminger, Andrew Friedmann, John Halsey
Members - Not Present:
Others Present:
Town Manager Bob LeLacheur, Public Works Director Jeff Zager, Assistant
Public Works Director Jane Kinsella, Executive Assistant Paula Schena, Bill
Brown, Paul Barutta, Gina McCormick, Beth Shurland, Stephen Crook, Tim
Kelley, David Bumha, Demetra Tseckares, Gina Snyder, Carl McFadden, Erin
Gaffen, Amy Cole, Kaitlyn Mercurio, Dick and Kris Holmes, Michael
Giacalone, Linda Snow Dockser, Susan A. Churchill, Larry Immerman, Donna
Beaulieu
Minutes Respectfully Submitted By:
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments John Arena noted that Executive Assistant
Paula Schena has reached a milestone and is retiring on Thursday after 24 years of working
for the Town of Reading and the Board thanked her for her hard work.
Andrew Friedmann thanked everyone who voted for him.
Daniel Ensminger noted that he attended the community forums regarding Elder Services
and it was noted that transportation is a big issue with the elders. He also noted that the
pool of volunteers is getting smaller. John Arena indicated he was under the impression that
we had plenty of volunteers and Daniel Ensminger noted that there are fewer volunteers
doing all of the work. Daniel Ensminger also noted that the Town is in the process of
renewing the Comcast license and RCTV will hold focus groups for community comments on
June 7th and June 8th. Barry Berman asked if they could do one more night session and Phil
Rushworth noted that he can if there is a need for it.
Barry Berman noted that he attended the Climate Advisory Committee's Earth Day Faire at
the Parker Middle School. It included solar displays, a kids scavenger hunt, the RMLD was
selling light bulbs, and there were electric vehicles. The Climate Advisory Committee did a
good job. In addition, he attended the REF fundraiser that raises $50,000 for technology for
the schools. Also, Coolidge Middle School won the Science Olympiad for the last 24 years.
They are also doing a fundraiser to raise $50,000 to attend the finals in Ohio in May.
Page 1 1
John Arena noted that he attended the April 25, 2017 School Committee meeting. The
revolving funds balance continues to grow even though the expenses were raised. They are
thinking of charging less to even it out.
Public Comments - Bill Brown thanked everyone for last Thursday and congratulated the
two Selectmen on their election. He also noted that he hasn't heard anything regarding the
DPW site and he asks that there be more transparency on that. Lastly, in response to
Andrew Friedmann's comment at the last meeting, about no decision has been made
regarding the cemetery site. Bill Brown noted that someone needs to make the decision to
move forward with this.
Ben Tafoya noted that residents from Oak Street were in to see Daniel Ensminger before the
meeting regarding the MWRA work being done on Oak Street. There are issues regarding
the sidewalks and Daniel Ensminger took notes on everything. He noted that the residents
on Oak Street are frustrated by the construction process.
John Arena asked what the estimated finish date is for Oak Street. Public Works Director
Jeff Zager noted that the sidewalks will be done first but that has to be coordinated with the
school and then the road will be done. There are multiple contractors involved. The Town
Manager noted that the gas company owns some of the sidewalks and the MWRA owns
another will there be two contractors. Jeff Zager noted there will be one contractor.
Paul Barutta, 44 Oak Street, noted that two kids fell in front of his house on their bikes.
Tom Loughlin, resident of Oak Street, noted that the contractors told him they are only
repairing the parts that were dug up but it sounds like they are all being done? Jeff Zager
noted that only the sidewalks they worked on will be put back to original or better condition.
Tom Loughlin noted that the sidewalks that were not cut through are in worse shape - when
will they be done? He noted there are also drainage issues on Oak Street and we need to
be consistent with Complete Streets. He wants to see the plans. Jeff Zager noted there will
be full reclamation of the road. Tom Loughlin asked if there will be curb placed in missing
sections? Jeff Zager noted there is no money in the current budget for that but he can look
at it.
Paul Barutta noted that they were told there will be curbing.
Discussion /Action Items
Meadowbrook Golf Club - Expand Liquor License Discussion - The Town Manager noted this
is an informal step for a change in their liquor license. Bob Morelli, Manager of the
Meadowbrook Golf Club for 15 years noted that they are not allowed to serve beer on the
course but many places do. They are thinking of a safe way, perhaps a beer and wine chart
that operates on a schedule. Everything is billed to the member so they know who is doing
what all the time. Mr. Morelli noted that he is 100% open to working with the Police and
Town Manager.
The Town Manager noted that Town Counsel says this already occurs in other communities
and the ABCC has a process in place for this.
Barry Berman asked if abutters will be invited to the hearing and the Town Manager noted
they will and he will widen the scope.
John Halsey asked if this would be another license or a modification and the Town Manager
noted that it would be a modification and he would have Town Counsel present at the
hearing.
John Arena asked if only members can purchase and Bob Morelli noted that was correct.
John Halsey asked how a golf tournament would be handled and Mr. Morelli noted that they
could not do it at all or change to cash and still have control over who gets what.
Page 1 2
Fall Street Faire Committee and Rotary Club - The Town Manager noted that this is the most
successful thing that the Town has done. The Rotary Club has expressed interest in taking
over. The financial cost to the Town is that the Town's participation will be less.
Brian Snell, Chairman of the Fall Street Faire Committee and Rotary noted that Rotarians
and members of the Fall Street Faire Committee were present tonight. He noted they will
try to grow the Faire. In addition they will keep the cost close to what it is now but there
will be a modest increase in cost because there hasn't been an increase in a few years.
John Arena asked what kind of communication to the Town will continue and Brian Snell
noted that he didn't see anything aside from applying for permits and putting information on
the website.
Brian Snell noted that they are asking the Board of Selectmen to disband the Fall Street
Faire Committee. John Arena asked if there are any outstanding issues and the Town
Manager indicated there is not.
A motion by EnsminAer seconded by Berman to sunset the Fall Street Faire
Committee effective May 2, 2017 was approved by a vote of 5 -0 -0.
Barry Berman asked if he wanted to be on the Fall Street Faire Committee does he have to
be a member? Brian Snell noted that they are setting up a service membership for only one
meeting per month at no cost. Barry Berman noted that he doesn't want to limit the
number of volunteers. Brian Snell noted that he doesn't see the fee being a problem.
Sheila Mulroy, member of the current Fall Street Faire Committee noted that many members
will take advantage of the free membership. She noted that they didn't have resources to
go after sponsors and the Open Meeting Law created problems for them.
The Board thanked the Fall Street Faire Committee for growing the event. The Town
Manager gave a special thanks to Jenna Fiorente and John Feudo.
Reading Garden Club and ARTS Reading - Marianne Higgins from the Reading Garden Club
noted that the Geranium Sale will be May 20th on the Common from 9:00 a.m. to 1:00 p.m.
They will be selling geraniums, herbs and members plants. There will also be a bake sale.
She noted that they moved from the Library to the Common when it was under
construction. She thanked the Boy Scouts for their help. She noted that they raised funds
for the Adopt an Island program, the gardens at Town Hall, taking care of the cherry trees
at the depot, they also planted trees at the schools, they provide scholarships for students
and they do planting with the residents of Danielle's Nursing Home. ARTS Reading will be
there also showing casing what they are about.
John Arena asked how their turnout was last year and Marianne Higgins noted they had a
huge turnout due to the location. She noted they missed a lot of sales last year because
they didn't take credit cards but they will be taking credit cards this year.
Bill Brown noted that two weeks after Memorial Day 2000 geraniums from the cemeteries
are available for free or a donation to the veterans flower fund.
A Garden Club member noted that they will be ordering more native plants this year to
support bees, butterflies and bats. The Library has been supporting them with plant
information.
Daniel Ensminger asked for examples of native plants and it was noted that allysum, asters,
day lilies, butterfly plant, milkweed, bleeding hearts and dahlias are all native.
A representative from ARTS Reading noted that they are trying to bring the cultural groups
Page 1 3 �.
together. They are looking at becoming a 5013C and looking for donations. Barry Berman
asked what efforts have been made to bring the groups together and it was noted mostly
monthly meetings, collaborating with the Garden Club and getting artists paintings in the
Library. It is an informal group with an end goal of a cultural district.
The Town Manager noted that Jessie Wilson first brought up the notion of a cultural district
and asked what would be needed and they replied a free building. Wakefield has one.
Climate Advisory Committee - David Zeek, Gretchen Latowsky and Gina Snyder from the
Climate Advisory Committee were present.
David Zeek reviewed their mission statement and noted that they have a sunset clause. He
noted that they held an Earth Day Fair at Parker Middle School for a sustainable future.
Doyons, DPW, solar vendors, and geothermal vendors participated and there were about 80
attendees. In addition, they have weekly Green Sense articles in the Chronicle; there is a
bike swap on May 5t" and 6t"; there is environmental material on the website; the Before
the Flood video was shown at the Library; they implemented social media on Facebook and
websites and email.
David Zeek went on to speak about solar installations. He noted that the RMLD built a solar
farm in Wilmington and they sell shares to it. They have 567 participants and a wait list of
67 people. This helps to shave the RMLD peak hour prices. The Town could get about
$40,000 /year rental income for one of these and if we used it ourselves we would save
$100,000 /year.
David Zeek went on to speak about gas leaks. He noted that there were many new gas
leaks in 2016. Grade 3 leaks went from 1000 to 600 in the state. Coordinating gas leak
repairs is getting better and the City of Boston passed their own gas leak ordinance.
In addition there will be an instructional motion at Town Meeting to explore options for
banning plastic bags. He noted that the thin plastic bags dirty the environment, animals eat
them, etc. Daniel Ensminger asked if they would be willing to replace the word "ban" and
use "regulate use of" to be more flexible. David Zeek noted that they could do that. John
Arena asked who is sponsoring this and David Zeek noted that he is because he thought it
was the best way to explore options. Daniel Ensminger asked what the Board of
Selectmen's role is in this and David Zeek noted to be advisory and get input from
businesses on how to enforce. John Arena noted that he might want to consider starch base
options and Mr. Zeek noted they can do that. Barry Berman noted that Stop and Shop and
Market Basket need to be approached about this. Mr. Zeek noted he spoke with Market
Basket and they don't really want to do it but they can adapt. Many customers are already
bringing their own bags. John Arena asked if he will change the instructional motion to
include starch base, biodegradable and Mr. Zeek noted these are all good options.
Andrew Friedmann asked if much of our trash is burned and Gina Snyder noted that
Covanta burns to energy but some goes to landfills.
The Town Manager noted that this instructional motion could put a lot of work on someone's
plate because it would need to be complete by July in time for November 2017 Town
Meeting.
Demetra Tsekeres noted that she would love to be involved with this.
Barry Berman asked if they will discuss the CAC sunset clause tonight and John Arena noted
they will deal with that in June.
Reading Ice Arena Report - Carl McFadden, 33 Wakefield Street, noted that the Ice Arena is
a private /public partnership and they have made $2.3 million in payments to the Town so
far. They gave $58,000 this year and next year it will be almost $100,000. They keep
Page 1 4 °°°
$300,000 in their rainy day fund. Reading's facility is owned by the Town. Reading kids
come first and excess time is given to Austin Prep. The school department gets
approximately $150,000 in discount rates.
John Arena asked what the operating hours were and Carl McFadden noted 6:00 am to
11:00 pm. John Arena asked what covers the variation and Mr. McFadden noted that they
purchased a Zamboni and maintain it; they built locker rooms and they spend a little less
than $100,000 on capital items.
RMLD Citizen Advisory Board Member - Citizen Advisory Board member Neil Cohen was
present. He noted he has only been on the Board for two to three months and he is still
learning.
John Arena noted that issues of concerns in the past were renewable energy certificates and
the manner in which old capital equipment is disposed of. Neil Cohen noted that he has not
seen anything that causes concern.
The Town Manager noted that there will be an instructional motion at Town Meeting on
Thursday night and he will keep him abreast of it.
Housing Authority Report - Housing Authority Chairman Kevin Mulvey was present. He
noted that the state lack of funding creates problems. They have a 1 to 3 year wait list for
elderly housing and they have 10 family units with little turnover. The Housing Authority
recommends $240,000 for projects in FY18 and FY19. They have spent $77,000 on
flooring, lighting and painting. The Reading Housing Authority has undergone four audits
and there were no findings. He noted that Lyn Whyte is a great Executive Director.
John Arena asked for the total number of units and Kevin Mulvey indicated 223. John Arena
asked if some fell out of our hands. The Town Manager noted that was correct, Lyn Whyte
said her job was not to worry about the Town's numbers.
Barry Berman found it troubling that a Board of the Town doesn't share the same zeal. He
asked if we can do an audit of the deeds to see if anymore expired. He noted that it takes
hours to create affordable units and he wants Town Counsel to do an audit of the affordable
units.
John Halsey agreed and noted that if it left to the Board of Selectmen it will get done. The
idea of losing units because the paperwork was not done correctly is a problem.
John Arena noted that he can't fathom for a moment how a Board of the Town doesn't know
about this. Kevin Mulvey noted that he doesn't know but he will reach out to the rest of the
Board and Lyn Whyte.
Update from BOS Working Group - Human Rights Resolution - John Arena noted that he
and Barry Berman met with the signatories on March 6 and March 9 and the minutes and
audio on are the website. Andrew Friedmann noted that he listened to the audio and he's
up to speed with the topic.
Gina McCormick, member of the subcommittee, noted that they just found Town Counsel's
opinion on the revised resolution and she asks that the communication be expanded. She
noted that they disagree with Town Counsel's opinion that a Town body cannot condemn
hate speech. She got an opinion from Sarah Wunsch at the ACLU who does not feel that the
1St amendment would be prohibited. Ms. McCormick then went on to read a revised
resolution and then asked the Board of Selectmen if they wanted to vote tonight on
approving this. John Arena noted the Board of Selectmen is not ready or prepared to vote
tonight.
Andrew Friedmann noted that there seems to be some misconception about Town Counsel's
Page 1 5 �'&-6
opinion and John Arena noted that the Board is not debating what it is tonight.
Daniel Ensminger asked if the group discussed authorship of the resolution and Barry
Berman noted that people got together in an ad hoc manner. Daniel Ensminger noted that
the original email chain was a form of the download from San Francisco. Gina McCormick
noted that Demetra said other communities are doing this but this is not that resolution.
John Halsey noted that was not imagined, it is in the public record - it is there. If you
compare this to what is in the email chain there is an alarmingly strong resemblance.
Demetra Tsekeres noted that the San Francisco version was in an email chain but not before
their presentation. She also noted that Town Counsel was not make available to them.
John Arena noted that Town Counsel is not available to residents. Town Counsel advises the
Board of Selectmen.
Linda Snow Dockser noted that the email chain was from her. The Human Relations
Advisory Committee was recommending that the Board approve one sample.
Kris Holmes, 77 Red Gate Lane, noted that she didn't understand the need for this
document because she has not seen any problems. Her sons went through the school
system with no problems. She feels this is regulating speech and asked who determines
what is hate speech.
Michael Giacalone noted that he is concerned that a group wants to put an opinion
document in the Town. He noted they do not speak for him. It is not okay to say Reading
feels this way. It is not a binding document and it is not lawful. They can't force someone
to feel a certain way. If this is put in place it will lead to other things. He can't believe the
amount of time that the Board of Selectmen have spent on this. A proclamation will not
change a person's opinion. This group does not speak for him. The Board of Selectmen is
the protector of his rights - this does not need to exist.
Another resident noted he seconds what Mr. Giacalone said.
Theresa Wiggins noted she hasn't felt anything herself but she likes this. She feels it does
not infringe on her rights.
Lori Hodin, Summer Avenue, note that the leaders stand for our shared standards and
values. She feels this is a reasonable aspiration statement.
Beth Shurland noted that she is married to a black man and her husband was stopped by
Police because he was black. She supports this.
Michael Giacalone noted that he listened to the audio online and everything was "we" feel,
"we" do this. They don't have the authority to determine what the Town wants. How is this
defined, who sets the perimeters. An attack on one is an attack on all - not very loving.
People are not united about this document. He feels they are trying to impose their beliefs
on him. He also noted that not wanting this does not make you a bad person.
Gina McCormick noted that will put in a more formal record. She thought it would be
helpful to see Town Counsel's opinion. John Arena noted that the rest of the Board of
Selectmen had not see Town Counsel's opinion which is why it was not given to the
subcommittee. Gina McCormick went on to cover the timeline of this issue and noted that
Town Counsel's opinion was dated March 3, 2017.
John Arena noted that the Board of Selectmen will have an informal session to discuss what
they agree with and what they don't agree with at their meeting on May 30tH
Human Relations Advisory Committee
Mr. Arena gave an overview of HRAC's recent mission to decide what format they wish to be,
Page 1 6
M,
and from the material he has reviewed he likes the model used in Wakefield that HRAC put
forward. He offered that their committee sunset on June 30, 2017 was too soon, even
though they have had two years, and requested a motion to add another 60 days. He
offered that the two main choices were to be independent or advisory.
HRAC Chair Linda Snow Dockser asked if other models could be considered in addition to
the two mentioned by Mr. Arena, because other models exist. Mr. Berman asked them want
they wanted if given a wider array of choices, and Mr. Halsey agreed that a wider spectrum
of choices was worth considering but wondered what those might entail.
Mr. Ensmincer moved that the Board of Selectmen extend the term of the Human
Relations Advisory Committee to Auaust 30, 2017 seconded by Mr. Halsey.
Mr. Berman asked if an additional 30 days would be beneficial, and Ms. Snow Dockser
indicated that any additional time might be helpful. Mr. Arena responded that this extension
gives the committee almost five months to come up with an approach, in addition to the
time already spent. Mr. Halsey added that if there was evidence of good progress but
another extension was warranted then it was a simple matter for the Board to do so.
The motion to extend by 60 days was approved by a 5 -0 vote.
Mr. Arena described the Selectmen liaison assignments. Mr. Friedmann asked about the
Board of Health role where he was the recent Chair, and Mr. Arena responded by saying that
as the Health division is in the midst of hiring a new Health Agent that for now he thought
some separation was appropriate for the new Board of Heath Chair, but would welcome
further interest after the transition was complete.
Mr. Ensminger moved to go into Executive Session to discuss strategy with respect to
collective bargaining and the Chair declares that an open meeting may have a detrimental
effect on the bargaining position of the body, and not to reconvene in Open Session,
seconded by Mr. Halsey, and approved by a roll call vote Halsey -yes; Berman -yes; Arena -
yes; Ensminger -yes; Friedmann -yes.
Page 1 7
Massachusetts Municipal Association
One Winthrop Square
Boston, MA 02110
(800) 882 -1498 * Fax (617) 695 -1314
Regional Meeting
Wednesday, May 24th
11:30 a.m. ®1:30 p..
Register Today!
Register online at www.mma.org or email jobasohan @mma.org
11:30 a.m. Welcoming Remarks and Lunch
Jim Lovejoy, President, MSA and Mount Washington Selectman
11:45 a.m. Legislative Update
Geoff Beckwith, Executive Director, MMA
12:15p.m. Panel Presentation
Margaret J. Hurley, Municipal Law Unit Director, AG's Office
John F. Carmichael Jr., Police Chief, Walpole
David Lakeman, Legislative Analyst, MMA
1:30 p.m. Adjournment
Name
Municipality
MSA Regional Meeting Registration
Please reply by Wednesday, May 17'
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Day Phone
This event is free of charge but pre- registration is required.
For questions or accessibility requests please contact Devon Williams at the MMA at (800) 882 -1498.
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Tuesday, May 09, 2017 6:35 PM
To: Reading - Selectmen
Cc: Saunders, Caitlin; Segalla, Mark; J. Raymond Miyares (ray @ miyares - harrington.com)
Subject: Liquor violation
Attachments: Reading Violation Report - BM.PDF
Good afternoon,
Caitlin please include this email and the attachment in the BOS packet.
The ABCC has just reported,to us that Biltmore & Main has a compliance check violation, the report is attached. This is
considered public information.
We are checking but believe the ABCC takes their own action via a Hearing process on this and that the Town of Reading
plays no formal role in it, nor can take any other related actions on the incident.
Chief Segalla will be in next Tuesday to give a brief report (if there any other additional facts) during the Police Week
proclamation agenda item.
Thanks,
Bob
Robert W. LeLacheur, Jr. CFA
Town Manager, Town of Reading
16 Lowell Street, Reading, MA 01867
townmanaaerPci. reading. ma. us
(P) 781 -942- 9043,
(F) 781- 942 -9037
www.Leadingma.gov
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED
' qbl
Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street Boston, MA 02114
Telephone: (617) 727 -3040
Chlef Investigator Frederick Mahony
I
i
Address:
Violation I No
cc Clieck Field
0 ®®
Investigator ` c`"� ensee Rep entative:
aba
Saunders, Caitlin
From:
LeLacheur, Bob
Sent:
Tuesday, May 09, 2017 5:10 PM
To:
Saunders, Caitlin
Subject:
FW: Fios TV Notice
Attachments: Customer Notice Universal.pdf
For BOS packet
Robert W. LeLacheur, Jr. CFA
Town Manager, Town of Reading
16 Lowell Street, Reading, MA 01867
townmanaaerPci. reading. ma. us
(P) 781 -942- 9043,
(F) 781 -942 -9037
!M .readinpmaoy
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED
From: Rogalski, Bonnie [ mailto : bon nie.rogalski @verizon.com]
Sent: Tuesday, May 09, 2017 5:02 PM
Subject: Fios TV Notice
Dear Municipal Official:
This is to notify you of a certain change to Fios TV programming.
On or after July 14, 2017, Universal HD on channel 567 will be removed from the Fios TV channel lineup by the content
provider.
Verizon will notify subscribers through the Fios° TV Message Center beginning on or around June 1, 2017. A sample
customer notice is attached.
Access to the Fios TV channel lineup is available 24/7 online at verizon.com /fiostvchannels.
We realize that our customers have other alternatives for entertainment and our goal is to offer the best choice and value
in the industry. Verizon appreciates the opportunity to conduct business in your community. Should you or your staff
have any questions, please contact me.
Sincerely,
Bonnie Rogalski
Sent on beha�of
Jill Reddish
Fios TV- Sr. Staff Consultant
Franchise Management — NE
IN
verizonv
Floso TV Programming Change
On or after July 14, 2017, Universal HD on channel 567 will be removed from the Fios TV
channel lineup by the content provider. Similar programming may be found on USA, Syfy and
NBC SportsNet.
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Monday, May 08, 2017 3:36 PM
To: Saunders, Caitlin
Subject: FW: [Reading MA] Human rights proclamation (Sent by Andrea Hogan, andreah99
@icloud.com)
BOS packet
Robert W. LeLacheur, Jr. CFA
Town Manager, Town of Reading
16 Lowell Street, Reading, MA 01867
townmana .Qer @ci.readinR.ma.us
(P) 781 - 942 -9043;
(F) 781 - 942 -9037
www.readingma.gov
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED
- - - -- Original Message---- -
From: vtsdmailer @vt -s.net [mailto:vtsdmailer @vt- s.net]
Sent: Monday, May 08, 2017 3:27 PM
To: Reading - Selectmen
Subject: [Reading MA] Human rights proclamation (Sent by Andrea Hogan, andreah99 @icioud.com)
Hello Board of Selectmen,
Andrea Hogan (andreah99@icloud.com) has sent you a message via your contact form
(http: / /www.readingma.gov /user /475 /contact) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at http: / /www.readingma.gov /user /475 /edit.
Message
Dear Sirs,
I am writing to urge you to reject in its entirety the human rights proclamation.
This proclamation,under the guise of protection, seeks to prohibit personal freedom and First Amendment rights. It is a
gateway document fully intent on turning Reading into a sanctuary city. It is an unnecessary document as we have laws
and a police force which serve us well in ensuring Reading is a safe place for all.
As selectmen, your attention is needed on the more pressing budget issues our town faces. Your role is to be the voice
of all the residents here not to support the political agenda of a few.
Sincerely,
Andrea Hogan
my
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Monday, May 08, 2017 4:27 PM
To: Saunders, Caitlin
Subject: FW: Human Rights Resolution - a different perspective
BOS packet
Robert W. LeLacheur, Jr. CFA
Town Manager, Town of Reading
16 Lowell Street, Reading, MA 01867
townmanaaerna ci.readina.ma.us
(P) 781 - 942-9043,
(F) 781 -942 -9037
www.readincma.goy
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED
From: Marionna Gmail [ mailto :marionnasabiaCcbgmail.com]
Sent: Monday, May 08, 2017 4:23 PM
To: Reading - Selectmen
Subject: Human Rights Resolution - a different perspective
To the Board of Selectmen of the Town of Reading
HUMAN RIGHTS RESOLUTION - a different perspective
Dear Mr Arena
Dear Mr Berman
Dear Mr Ensminger
Dear Mr Halsey
Dear Mr Friedman
I hope my letter finds you doing well. I am writing to you because I want to point out a different perspective on
the Human Rights Resolution that some members of the Town of Reading so graciously ask you to pass and
implement.
I am a white woman - American through marriage. I grew up in Switzerland and met my husband in my late
20s. Learning English when I was 30 got me to the point where I can have fluent conversations but I will never
be able to lose my accent. In my 17 years living in the United States I was only harassed once prior to last
November. Ever since, there were a few incidences in Reading and Wakefield where I was told:
To go back to Mexico - To go back to Egypt - That lesbians like me will rot in hell (I wear my hair short) - That
they could not wait until Trump would clean the country from people like me.
Thankfully nothing happened in the past few weeks. But having had these experiences makes me realize that I
am walking around with a certain degree of fear of something happening again. I am not speaking to people as
freely as I used to because I am very sensitive about the fact that I have an accent.
f
I am very well aware that the harassment was more about their fears and insecurities than about me. I realize
that I must have triggered something inside of them that must have felt very uncomfortable maybe even
threatening. Nevertheless, the experiences were very hurtful and left me feeling somewhat unsafe.
I feel the Human Rights Resolution has a place and can benefit everybody. I look at it as being a bridge toward
inclusion, toward feeling safe, toward peace - for everybody. Nobody should feel threatened. Not the people
who lived for their entire lives in Reading, nor people who moved here for different reasons. I feel the Human
Rights Resolution is a means to open up dialogue to make us all realize that we have more in common than
we sometimes believe. Fear and hate are not comfortable feelings. And in my opinion they have no place in
our society.
It would be very welcomed if the Town Reading would pass this bill like many surrounding towns decided to do.
We all need to see one another for who we are - human beings.
Respectfully,
Marionna Sabia
75 Cross Street
Marionna Sabia
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Wednesday, May 10, 2017 1:06 PM
To: Saunders, Caitlin; Forwarding Account for John Arena
Subject: Fwd: [Reading MA] Human Rights Resolution (Sent by Laura Joelson, laura joelson1
@gmail.com)
for BOS packet
Sent from my iPhone
Begin forwarded message:
From: Contact form at Reading MA <vtsdmailergvt- s.net>
Date: May 10, 2017 at 12:59:01 PM EDT
To: <selectmengci.readin .ma.us>
Subject: [Reading MA] Human Rights Resolution (Sent by Laura Joelson,
lauraJoelsonl(a),gmail.com)
Reply -To: <laura.ioelsonl(a�mail.com>
Hello Board of Selectmen,
Laura Joelson (laura.joelsonl kgmail.com) has sent you a message via your
contact form ttps://www.readingma.gov/user/475/contac!) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at
https://www.readingma.gov/user/475/edit.
Message:
Select Board Members,
I am writing to express my concern over the recent incident at the high
school in which a swastika was drawn on the floor. I am aware that it is
under investigation, and I have been pleased by the quick response of
Principal Bakr to condemn this act and commit to supporting the community as
well as to disciplining and educating the person/s responsible. I would like
to see our select board members follow his lead. I would also like the board
to vote on the Human Rights Resolution which has been discussed for months
now. This is a way for the board to be proactive instead of reactive. No
matter what a handful of residents say, intolerance and discrimination are
happening in Reading, and most people who experience it do not feel
comfortable coming forward. The Resolution will allow the town to speak to
all of them and let them know that acts and words of hate are not acceptable.
I know that a few people have written letters and come to meetings to speak
out against the Resolution, but please keep in mind that hundreds have openly
supported it, and it is quite simply the right thing to do.
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Wednesday, May 10, 2017 12:33 PM
To: Saunders, Caitlin; Forwarding Account for John Arena
Subject: Fwd: [Reading MA] Incident at the high school (Sent by Simone Payment,
jelloeggs @gmail.com)
for BOS packet
Sent from my iPhone
Begin forwarded message:
From: Contact form at Reading MA <vtsdmailerkvt- s.net>
Date: May 10, 2017 at 12:24:35 PM EDT
To: <selectmenkci.readin .ma.us>
Subject: [Reading MA] Incident at the high school (Sent by Simone Payment,
j elloeggsna,gmail. co m)
Reply -To: <jelloeggs & mail.com>
Hello Board of Selectmen,
Simone Payment (jelloeggsggmail.com) has sent you a message via your contact
form (https: / /www.readingma.gov /user /475 /contact) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at
https://www.readingma.gov/user/475/edit.
Message:
I am writing concerning the recent incident at the high school involving a
swastika drawn on the floor. Although it is being investigated, and the
principal was quick to act, I think there is more to be done. I think the
board should take an active role as well in condemning this act and making it
clear this is unacceptable in our community. Reading should be a safe and
welcoming community for ALL of its citizens.
I would also like to ask the board to vote on the Human Rights Resolution.
Passing the resolution would be a good way to clearly state that
discrimination based on race, religion, gender, sexual orientation, etc. will
not be tolerated in our community.
Thank you.
Simone Payment
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Wednesday, May 10, 2017 11:15 AM
To: Saunders, Caitlin; Forwarding Account for John Arena
Subject: Fwd: [Reading MA] A swastika found at the high school (Sent by Laura Wilson,
laura.wilson @post.harvard.edu)
for BOS packet
Sent from my iPhone
Begin forwarded message:
From: Contact form at Reading MA <vtsdmailerAvt- s.net>
Date: May 10, 2017 at 11:02:52 AM EDT
To: <selectmenAci.reading.ma.us>
Subject: [Reading MA] A swastika found at the high school (Sent by Laura Wilson,
laura .wilson(a,post.harvard.edu)
Reply -To: <Laura.wilsonApost.harvard.edu>
Hello Board of Selectmen,
Laura Wilson (laura.wilsongpost.harvard.edu) has sent you a message via your
contact form (https: / /www.readingma.gov /user /475 /contact) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at
https://www.readingma.gov/user/475/edit.
Message:
For months now, hundreds of residents have asked you to pass the Human Rights
Resolution. The argument that this kind of intolerance doesn't happen here
has been (very unfortunately) refuted by the discovery of a swastika drawn on
the floor of the high school.
Do you "condemn" the act? I certainly hope so.
I'm disappointed that the Board of Selectmen missed an opportunity to
proactive on this issue. Now you must respond. I ask that you pass the Human
Rights Resolution. Send a message to our kids that this type of behavior is
not acceptable.
Laura Wilson
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Wednesday, May 10, 2017 11:14 AM
To: Saunders, Caitlin; Forwarding Account for John Arena
Subject: Fwd: [Reading MA] RMHS incident and HR Resolution (Sent by Amy Cole, acole27
@comcast.net)
for BOS packet
Sent from my iPhone
Begin forwarded message:
From: Contact form at Reading MA <vtsdmailerkvt- s.net>
Date: May 10, 2017 at 10:50:51 AM EDT
To: <selectmenkci.reading ma.us>
Subject: (Reading MA] RMHS incident and HR Resolution (Sent by Amy Cole,
acole27kcomcast. net)
Reply -To: <acole27@,,comcast.net>
Hello Board of Selectmen,
Amy Cole (acole27gcomcast.net) has sent you a message via your contact form
(https: / /www.readingma.gov /user /475 /contact) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at
https: / /www.readingma.gov /user /475 /edit.
Message:
Select Board Members,
I am writing to express my concern over the recent incident at the high
school in which a swastika was drawn on the floor. I am aware that it is
under investigation, and I have been pleased by the quick response of
Principal Bakr to condemn this act and commit to supporting the community as
well as to disciplining and educating the person/s responsible. I would like
to see our select board members follow his lead. I would also like the board
to vote on the Human Rights Resolution which has been discussed for months
now. This is a way for the board to be proactive instead of reactive. No
matter what a handful of residents say, intolerance and discrimination are
happening in Reading, and most people who experience it do not feel
comfortable coming forward. The Resolution will allow the town to speak to
all of them and let them know that acts and words of hate are not acceptable.
I know that a few people have written letters and come to meetings to speak
out against the Resolution, but please keep in mind that hundreds have openly
supported it, and it is quite simply the right thing to do.
ql�
Thank you.
Amy Cole
Town Meeting Member
Saunders, Caitlin
From: LeLacheur, Bob
Sent: Wednesday, May 10, 2017 2:47 PM
To: Saunders, Caitlin; Forwarding Account for John Arena
Subject: FW: [Reading MA] Hate Incidents in Reading (Sent by Jennifer Corwin,
jennifermcorwin @gmail.com)
For BOS packet.
Robert W. LeLacheur, Jr. CFA
Town Manager, Town of Reading
16 Lowell Street, Reading, MA 01867
townmanaRer@ci.readine.ma.us
(P) 781 - 942 -9043;
(F) 781 - 942 -9037
www.readingma.gov
Town Hall Hours:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED
- - - -- Original Message---- -
From: vtsdmailer @vt -s.net [mailto:vtsdmailer @vt- s.net]
Sent: Wednesday, May 10, 2017 2:43 PM
To: Reading - Selectmen
Subject: [Reading MA] Hate Incidents in Reading (Sent by Jennifer Corwin, iennifermcorwin @gmail.com)
Hello Board of Selectmen,
Jennifer Corwin (iennifermcorwin @gmail.com) has sent you a message via your contact form
(https: / /www.readingma.gov /user /475 /contact) at Reading MA.
If you don't want to receive such e- mails, you can change your settings at https: / /www.readingma.gov /user /475 /edit.
Message:
Select Board Members,
I write to you regarding the recent incident of a swastika written on the floor of RMHS. I was disappointed to hear of this
event, but was pleased to know of the swift and precise condemnation it received by the high school principal.
I am however troubled by the fact that the Board has not come out to publicly condemn this incident of hate. Given the
increasing numbers of anti - semitic and hate - inspired crimes throughout the commonwealth in the recent months, as
well as the ongoing debate within town regarding the need for a more formal human rights resolution, I would hope
that the Board would have been more proactive to not only inform the town residents of the incident but also to
condemn this crime and discuss steps to combat these types of incidents moving forward.
��I
As a physician here in town who cares for many of the children and adolescents in Reading, I fear for the more
vulnerable young people in our town who have been subjected to hatred and discrimination within our schools.
As I am sure you are aware, we are facing a mental health crisis amongst our youth and it is incumbent upon all of us,
but most especially those in a position of power, to protect them. Strongly condemning this incident as well as coming
out in vocal support of the proposed human rights resolution would go a long way to creating an environment of safety
in our schools, and our town.
Respectfully,
Dr. Jennifer Corwin
26 Boswell Road
aF'Rp
B38rJitCOP
Town of Reading
16 Lowell Street
Reading, MA 01867
Certificate
Historic District Commission
Phone: 781- 942 -6608 RECEIVED
Fax: 781- 942 -9071 TOWN C L E R K
hdc @c%- reading.ma.tR E Q n I N G, MASS.
1915 NOV -5 A 'IV 1.10
Pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts and the Historic
Districts By -Law of the Town of Reading, the Historic District Commission herby issues a
CERTIFICATE OF NON - APPLICABILITY
# 1521
for the work described in the accompanying application. If any conditions, requirements or
recommendations are imposed, they shall be enforced in the same manner as the Building Code. The
applicant may proceed with the proposed work provided a copy of the Certificate is filed with the Building
Commissioner and he issues a building permit when required. This Certificate is valid for one year from
the date hereof.
General Information:
Property Address: 186 -190 Summer Avenue, Reading, Massachusetts 01867
Owners(s): Debra A. Shontz- Stackpole
Tel (h): 781- 944 -8113 (c) (fax) (email): dshontz @comcast.net
Owner's Address: same
Applicant (if not owner): Robert F. Littleton, Jr. President Criterion Child Enrichment, Inc.
Applicant's address: Criterion: 321 Fortune Blvd, Milford, MA 01757
Tel (w): 508 - 478 -2631 (email): littleton@aol.com
Description of Proposed Work: See attached decision
Conditions, requirements, recommendations: See attached decision
All Work into be built based on the information submitted with the approved application. Please advise
the Commission immediately If there are any changes to the project which result in substantial alterations
that are not reflected in the information submitted and approved. Further review by the Commission may
be required.
Application Received: 8/24/2015 Hearing Date: 10/14,22,29/2015 Date of Certificate: 11/0512015
& 11/04/2015
Copies to: HDC File
Building Inspector HISTORIC DISTRICT COMMISSION
Owner
Town Clerk UE'-
Everett A. Blodgett
HDC Chairman
q �i
Town of Reacting
16 Lowell Street
Reading, MA 01867
Historic District Commission
Phone: 781- 942 -6608
Pax: 781- 942 -9071
h&@ci.reading.ma.us
RECEIVED
TOWN CLERK
READING. M�,SS,
i�15 NOV - 5 A d
Certificate
Pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts and the Historic Districts By -Law
of the Town of Reading, the. Historic District Commission herby issues a
CERTIFICATE OF APPROPRIATENESS
#1522
for the work described in the Application for Certificate of the below received project. If any conditions, requirements, or
recommendations are imposed, they shall be enforced in the same manner as the Building Code. The applicant may
proceed with the proposed work provided a copy of the Certificate is filed with the Building Commissioner and he issues a
building permit when required. This Certificate is valid for one year from the date hereof.
General Information:
Property Address: 186 -190 Summer Avenue, Reading, Massachusetts
Owners(s): Debra Shontz -Stackpole
Owner's address: same
Tel (h): 781 - 944 -8113 (c) (fax) email: dshontz @comcast.net
Applicant (if not owner): Robert F. Littleton, Jr. President Criterion Child Enrichment, Inc.
Applicants address: Criterion: 321 Fortune Blvd, Milford, MA 01757
Tel (w): 508- 478 -2631 email: littleton @aol.com
Description of Proposed Work: See attached decision
Conditions, requirements, recommendations: See attached decision
All Work is to be built based on the information submitted with the approved application. Please advise the Commission
immediately if there are any changes to the project which result in substantial alterations that are not reflected in the
information submitted and approved. Further review by the Commission may be required.
Application Received: 8/24/2015 Hearing Date: 10/14, 22, 29/2015 Date of Certificate: 11/05/2015
& 11/04/2015
Copies to: HDC File
Building Inspector HISTORIC DISTRICT COMMISSION
Owner
Town Clerk
Everett A. Blodgett
HDC Chairman
0
Date November 4, 2015
Criterion Child Enrichment, Inc.
Application for Certificate of Appropriateness
To the Town Clerk:
This is to certify, that at a public hearing of the Town of Reading Historic District
Commission (HDC) opened on October 14, 2015 and closed on November 4, 2015 by a
motion duly made and seconded, it was voted by a majority of a quorum then
present (5-0) to:
(1) approve the application of Criterion Child Enrichment, Inc. (the "Applicant "),
filed on August 24, 2015, for a Certificate of Appropriateness related to work
proposed at 186-190 Summer Avenue (Assessors Map 15, Lot 294, 295 & 296)
subject to the Findings set forth in ¶ ¶55-61 and Conditions set forth below; and
(2) approve the Applicant's application, filed on August 24, 2015 for a Certificate of
Non-Applicability elated ta.work,proposed at_1W- 1_9-0 -Summi r- Avenue. (A,ssessors _ -. - - - - -- _
Map 15, Lot 294, 295 & 296) as set forth in 11.52-54 below.
MATERIALS SUBMITTED BY THE APPLICANT
Submitted August 24, 2015
Application for a Certificate of Non-Applicability, Appropriateness, Hardship
Letter of Criterion counsel; Kenneth N. Margolin, to HDC Chair, Everett Blodgett,
dated August 20, 2015, introducing and summarizing Criterion's application
Affidavit of Seller authorizing Robert F. Littleton, Jr., on behalf of Criterion Child
Enrichment, Inc. ( "Criterion "), to seek all necessary approvals from the HDC
Statement of Existing Conditions;
Materials List (Exhibit "A" to Statement of Existing Conditions)
Architect Drawings consisting of 12 pages, prepared by DHK Architects,
Boston, MA, Packet Dated August 10, 2015=
A-00: Existing Site Plan
A -01: South & West Elevations
A -02: North & East Elevations
A -03: Existing Elevation Images
A-04: Existing Elevation Images
A-05: Existing Elevation Images
A-06: Basement Floor Plan
A-07: First Floor Plan
A-08: Second Floor Plan
A-09: Third Floor Plan
A-10: Cupola & Roof Plan
Engineering plans, consisting of 3 pages, prepared by Sullivan Engineering Group,
LLC, Woburn, MA, Dated October 9, 2015:
Existing Conditions
Site Plan
Grading Plan
Memorandum of Law by Criterion's counsel, regarding the Parker Middle School
driveway as not within the definition of "Public Way"
Opinion of Reading Town Counsel filed in Criterion's prior application, regarding
the applicability of the Dover Amendment, MGL c. 40A, §3, and the Americans with
Disabilities Act, to Criterion's project
Affidavit of Robert F. Littleton, Jr., in support of the applicability of the Americans
with Disabilities Act to Criterion's project
Memorandum of Law by Criterion's counsel, regarding the applicability of the ADA
to Criterion's project
Submitted September 3, 2015
Letter from Kenneth N. Margolin to Everett Blodgett, dated September 3, 2015,
agreeing to extend time for a hearing and decision
Submitted September 23 2015
Applicant's Memorandum of Law Regarding Exclusion of Parking Spaces and
Landscaping from the Jurisdiction of the Historic District Commission
Criterion Child Enrichment, Inc.'s Reservation of Rights with Respect to the
Testimony of Peter Quigley, PE, DBIA
Submitted October 7 2015
Page 2 of 18
q
1
Decision of the Town of Reading Community Planning and Development
Commission, filed with the Town Clerk on January 22, 2015, regarding Criterion
Child Enrichment, Inc.'s Site Plan
Submitted October $ 2015
Minutes dated March 23, 2015, of proceedings before the Town of Reading Historic
District Commission
Submitted October 9 2015
Applicant's Proposed Decision of the Historic District Commission
Submitted October 29, 2015.
Plan of Existing Conditions, Revision No. 5 dated 10/28/15
Site Plan, Revision No. 5 dated 10/28/15
Grading Plan, Revision No. 5 dated 10/28/15
Submitted on November 2015
Barn Basement Stair Plan by DHK Architects, Dated 11/3/15
FINDINGS OF FACT
Background
1. The Applicant proposes to renovate an existing historical
house, historical barn and non-historical addition to the
house located at 186-190 Summer Avenue (the
"Property") for use as an educational facility. The non-
historical addition is proposed to be renovated and
connected to the historical barn via an underground
tunnel.
2. The historical house and barn, known as "Kemp Place"
were built in 1853 for Robert "Father" Kemp and placed
on the National Register of Historic Places in 1984. The
house and barn, considered to be one of Reading's finest
examples of Italianate architecture, are situated within
the Summer Avenue Historic District (the "District ").
Properties within the District include historical homes
dating from 1807 through the early 1900's with some
twentieth and twenty-first century infill.
Page 3 of 18 �6
3. The existing historical house and existing non-historical
addition, while structurally sound, are in need of
extensive repair and renovation including painting and
replacement of wood trim, siding and flashing.
4. The existing historical barn is in poor shape, with
evidence of major structural distress. The exterior of the
barn requires extensive repair, repainting and window
replacement and repair.
5. The preservation of the existing historical house and
barn fulfills an important purpose of the Massachusetts
Historic District Act, M.G.L. c.40C and the Town of
Reading Local Historic District Bylaw, Town of Reading
General Bylaws §7.3.
6. The historical house and barn are visible from Summer
Avenue, on the Property's Western boundary, and from
portions of an access road to the Parker Middle School,
to the East of the Property.
7. The Applicant plans to use the Property to operate an
Early Intervention program for infants and toddlers, an
educational use that is allowed as of right in all zoning
districts under M.G.L. c.40A, §3, 12, commonly known as
the "Dover Amendment."
8. In a prior application, filed February 10, 2015, the
Applicant proposed to renovate the existing historical
house, stabilize and preserve for future renovation, the
existing historical barn on the property, and demolish
the existing non-historical addition to the historical
house, and replace it with a 4,274 square foot new
addition, to be connected to the historical house by
means of a new breezeway entry vestibule.
9. At the public hearing on the prior proposal, opened on
March 23, 2015, the HDC expressed concern that the
proposed addition added too much bulk and mass to the
property. The HDC voted to deny a certificate of
appropriateness for the proposal and, by letter dated
July 21, 2015, the Applicant withdrew its application for
a certificate of hardship.
10. The Applicant filed the current proposal on August 24,
2015 and presented the current proposal to the HDC on
October 14, October 22 and October 29, 2015.
Page 4 of 18
The Proposal
No Demolition 11. With its current proposal, the Applicant represents that
it will not demolish any portion of the existing house,
non-historical addition, or barn, and will leave the
footprint of the existing structures unchanged.
Stabilize and 12. The Applicant proposes to stabilize and renovate the
renovate existing historical barn, and to renovate the existing
historical house and the existing non-historical addition
to the house.
Underground 13. The Applicant additionally proposes to construct an
connector underground connector, which it represents would not be
visible from a public way or street, creating a
passageway between the existing historical house and
existing non-historical addition, to the existing historical
barn.
Proposed 14. In its submissions to the HDC, the Applicant has .
exterior changes identified six categories of proposed exterior changes
that will be visible from Summer Avenue or the Parker
Middle School access road as follows:
Non-historical a. A new entry door will be placed on the East
addition fagade of the existing non-historical addition. The
door will be visible from the school access road,
but not from Summer Avenue.
b. On the East fagade of the addition, grading will
be altered that will hide the wood-covered
foundation wall, currently visible from the school
access road, and four new exterior HVAC units
that will be placed along the East fagade that
would otherwise be visible from the school access
road.
c. An opening in the foundation of the East fagade of
the addition, currently visible from the school
access road, will be hidden by new grading.
Barn d. A new door and two new windows will be
installed at the basement level of the historical
barn, on its East fagade. The new door and
windows will be visible from the school access
road.
e. An existing opening on the East fagade of the
historical barn, visible from the school access
Page 5 of 18
road, will be filled in.
f. A replacement window will be installed on the
East fagade of the barn where the current window
frame is covered with plywood and TYPAR. The
new window will be visible from the school access
road.
15. The Applicant has represented that all exterior
architectural changes will respect the existing historical
features.
Paved area; 16. The Applicant has proposed to construct a large,
parking areas continuous paved area comprised of a 24-foot wide drive
connecting Summer Avenue to a parking lot at the rear
of the property. The proposed drive would have 13
parking spaces, including four handicapped parking
spaces, along the drive adjacent to the historical house;
and six parking spaces along the drive next to the
historical barn. The parking lot at the rear of the
property would have 19 more parking spaces, for a total
of 38 parking spaces, and vehicle turnarounds to
accommodate emergency and trash collection vehicles.
House — Retain 17. The Applicant has represented that it will retain all
features except exterior features of the existing historical house, except
Par. 14 and 16 as noted at ¶¶ 14 (Exterior Architectural Changes) and
16 (Paved Areas) of this Decision, and, where feasible, to
be determined by the Applicant during renovation, the
Applicant will retain the existing exterior materials. If
existing materials are deteriorated, such that their
appearance or durability, as determined by the
Applicant during renovation, are compromised, the
Applicant has proposed to replace the existing materials
with natural materials to match the appearance of the
existing exterior materials to be replaced. During the
renovation of the existing historical house, the Applicant
represents that it will comply with the details of the
document submitted to the HDC, titled, "Criterion
Reading Historic District Commission Hearing Exterior
Materials August 20, 2015." ( "Attachment A," hereby
incorporated into this Decision.)
Barn 18. The Applicant has represented that it will retain all
exterior features of the existing historical barn, except as
noted at 1114 (Exterior Architectural Changes) and 16
(Paved Areas) of this Decision, and, where feasible, to be
determined by the Applicant during renovation, the
Applicant will retain the existing'exterior materials. If
Page 6 of 18
existing materials are deteriorated, such that their
appearance or durability, as determined by the
Applicant during renovation, are compromised, the
Applicant has proposed to replace the existing materials
with natural materials to match the appearance of the
existing exterior materials to be replaced. During the
renovation of the existing historical barn, the Applicant
represents that it comply with the details set forth in
Attachment A.
Foundation 19. The Applicant will be conducting interior work on the
foundations of the existing structures that are not
subject to the jurisdiction of the HDC. Nevertheless, in
response to concerns expressed by HDC members as to
whether the structural integrity of the existing
structures would be jeopardized by the foundation work,
the Applicant presented, under a Reservation of Rights,
the testimony of Peter Quigley, an engineer with
expertise in protecting the structural integrity of
buildings during foundation work. Mr. Quigley explained
the methods to be used in protecting the existing
historical house, non-historical addition, and historical
barn, during work on the foundations. He stated that the
methods to be used are routine in the engineering
industry, widely used and tested, and highly effective.
House windows; 20. With respect to the historic house, the Applicant has
lead represented that it will have lead remediation work
remediation and performed on windows on the historic house, but that the
retention Applicant intends to maintain the original windows on
the house. Windows will be replaced only if necessary.
The Applicant has also represented that non-matching
storm windows attached to the windows on the historic
house will be removed and replaced with matching storm
windows.
Addition; 21. The Applicant has represented that it will replace the
replacement doors on the South fagade of the addition with custom
doors wood doors.
HVAC 22, The Applicant has represented that it will use rubble
stone from an existing retaining wall that the Applicant
has proposed to remove for the construction of the
retaining wall around the HVAC units on the East
fagade of the addition.
Foundation 23. The Applicant has represented that the existing opening
opening in the foundation of the East fagade of the addition will
be partially blocked by the proposed underground
Page 7 of 18
routine performed on the structures is either (1) not visible from
maintenance a public way or street, or (2) involves ordinary repair,
maintenance or replacement of exterior architectural
features.
Parking plan; 33. The HDC notes that the Applicant's parking plan was
Approval by approved by the Town of Reading Community Planning
CPDC and .Development Commission (the "CPDC ") on January
12, 2015.
34. The Applicant requested suggestions from the HDC that
would make the proposal acceptable to the HDC. In
response, the HDC provided a list of suggested
modification that would mitigate the visual impact of
paved areas and parked vehicles impairing the setting
and views of the historical structures. The HDC did not
require such modifications, or commit to any particular
decision as a result of its suggestions, and invited any
further suggestions from the Applicant that could
achieve the same goal.
Paving 35. At the public hearing on October 22, 2015, the HDC
expressed concern regarding the impact of the paved
areas described in 116 of this Decision on the setting of
the historical structures. The Applicant responded to
the HDC's concerns on October 29, 2015, and proposed to
modify its original proposal to mitigate the visual impact
of the paved structures on the historical setting by*.
a. Reducing the width of the drive from 24-feet to
20-feet, subject to approval by the CPDC;
b. Shifting four regular parking spaces originally
proposed to be placed near the Property's frontage
on Summer Avenue to the rear of the Property;
c. Requesting that the CPDC reduce or eliminate
the "No-parking" signage requirement along the
edge of the drive;
d. Using pervious paving material for the front
portion of the paved areas extending back to the
parking lot at the rear of the property,
eliminating curbing along the South edge of the
drive and eliminating curbing along the North
edge of the drive from Summer Avenue to the
first parking space;
e. Screening the parking spaces closest to Summer
Page 9 of 18 1
Avenue with plantings;
f. Keeping all grading within six to eight inches of
existing grading on the Property; and,
g. Without conceding the HDC's jurisdiction over,
plantings, the Applicant has represented that it
will plant three trees along the North side of the
drive near the West boundary of the property and
six trees along the South side of the drive to
reduce the visual impact of the paved areas.
Revised site 36. The modifications to the Applicant's proposal as set forth
plan and in 135 are shown in the Revised Site Plan and Revised
grading plan Grading Plan dated October 28, 2015. ( "Attachment B,"
incorporated herein by reference.)
Findings Related to Non-AaUlicabili ty
Jurisdiction 37. The jurisdiction of the HDC extends to "exterior
features" of buildings and structures within the Historic
District, "exterior features" meaning "such portion of the
exterior of a building or structure as is open to view from
a public street, public way, public park or public body of
water, including but not limited to the architectural style
and general arrangement and setting thereof, the kind,
color and texture of exterior building materials, the color
of paint or other materials applied to exterior surfaces
and the type and style of windows, doors, lights, signs
and other appurtenant exterior fixtures." M.G.L. c. 40C,
§5; Town of Reading General Bylaw, §7.3.2.8.
Exclusions 38. Certain items are excluded from the HDC's review,
including terraces, walks, driveways, sidewalks and
similar structures, that are substantially at grade level;
storm doors ,and windows, screens, window air
conditioners, antennae and similar appurtenances; the
color of paint; and the color of materials used on roofs.
M.G.L. c. 40C, §8; Town of Reading General Bylaw,
§7.3.9.1.
Maintenance 39. Neither the Historic Districts Act nor the Town of
Reading's Historic District Bylaw may be construed to
prevent ordinary maintenance, repair or replacement of
any exterior architectural feature within an historical
district which does not involve a change in design,
material, or the outward appearance thereof, nor to
prevent landscaping with plants, trees or shrubs, nor
Page 10 of 18 ��
construed to prevent the meeting of requirements
certified by a duly authorized public officer to be
necessary for public safety because of an unsafe or
dangerous condition. M.G.L. c. 40C, §9; Town of Reading
General Bylaw, §7.3.9.3.
Paved area; one 40. The HDC determined on October 22, 2015, that, because
structure of its continuous nature, the paved area proposed by the
Applicant comprises one structure.
Jurisdiction 41. The HDC'further determined on October 22, 2015, that
over paving its jurisdiction extends over the Applicant's proposed
paved areas because the size and use of such areas are
substantially different from driveways that are exempt
from the HDC's jurisdiction pursuant to M.G.L. c. 40C,
§8, and the Town of Reading General Bylaw, §7.3.9.1.
Storm windows 42. The HDC notes that it does not have jurisdiction over
storm windows although the Applicant has' included the
,replacement of non - matching storm windows in its
application.
Parker Access 43. The Applicant initially contested the status of the Parker
Road; Middle School access road as a public way or street for
Jurisdiction purposes of M.G.L. c. 40C, §5. In order to focus the
issues before the HDC, however, the Applicant
subsequently conceded the road's status and waived its
objection to the HDC's jurisdiction over exterior
architectural features visible from the school access road.
Certificate of 44. To the extent that work proposed by the Applicant is not
Non- visible from either Summer Avenue or the Parker Middle
Applicability School access road, the HDC does not have jurisdiction
over such work and the HDC finds that the Applicant is
entitled to a Certificate of Non-Applicability.
Non - Applicable 45. Specifically, the HDC finds that the following work
Items: Interior proposed by the Applicant will not be visible from either
foundations; Summer Avenue or the Parker Middle School access
HVAC; tunnel road:
a. Interior foundation repairs;
b. Installation of HVAC units below the surrounding.
grade; and,
c. The proposed underground tunnel connecting the
addition to the historical barn.
Page 11 of 18 Y��
Attachment A 46. At the hearing on October 29, 2015, the Applicant
responded to questions regarding the work set forth in
Attachment A.
House re- 47. With respect to item 8 under "Existing House," which
flashing describes re-flashing of edges, the Applicant explained
that the edges in question are on the backside of the
porch roof and are not visible from a public way.
Foundation; 48. With respect to item 10 under "Existing House," which
Granite Block describes foundation repairs to be made with "granite
clapboard" the Applicant stated that it should read
"granite block."
Barn, New door 49. With respect to item 3 under "Existing Barn," which
requires
describes the installation of a new barn door, the HDC
Certificate of
determined that such installation must be reviewed for a
Appropriateness
Certificate of Appropriateness rather than Non -
Applicability because the proposed modification involves
the creation of a new door rather than ordinary repair,
maintenance or replacement.
Barn; South 50.
With respect to item 4 under "Existing Barn," which
fagade door
describes the refinishing of a "natural finish wood door,"
clarified
the Applicant clarified that the door to be refinished is
the door on the South fagade of the barn.
North fagade of 51. The Applicant further represented one of the windows on
barn. the North fagade of the barn, not listed on Attachment A,
will be repaired, and the existing vertical wood infill
blocking will be maintained.
Non-applicability; 52. To the extent that work proposed by the Applicant
Ordinary constitutes ordinary repair, maintenance or replacement,
maintenance the HDC finds that the Applicant is entitled to a
Certificate of Non - Applicability.
Non- 53. Specifically, the HDC finds that the repairs proposed for
applicability the window on the North fagade of the barn, as described
in ¶51 of this Decision, and the work proposed set forth
in the Attachment A, except for the door installation
described in 149 of this Decision, constitute ordinary
repair, maintenance, or replacement to the extent that
exterior materials are to be replaced in kind.
Decision 54. The HDC further finds that the Applicant's proposal
conditioned on regarding replacement of deteriorated materials, as
return for described in 1117 and 18 of this Decision, lacks sufficient
detail for the HDC to make either a determination of
Page 12 of 18
non-applicability or appropriateness at this time.
Moreover, placing these decisions in the Applicant's sole
discretion would significantly impair the HDC's ability to
review changes to exterior architectural features within
the District as it is required to do under Reading's
Historic Districts Bylaw. As such, this Decision is
conditioned on the Applicant returning to the HDC with
sample materials for a determination of non - applicability
or appropriateness prior to the replacement of any
existing exterior materials.
Findings Related to AppprODriateness
Standard; 55. In deciding whether a Certificate of Appropriateness
Certificate of should be granted, the HDC "shall consider, among other
Appropriateness things, the historical and architectural value and
significance of the site, building or structure, the general
design, proportions, detailing, mass, arrangement,
texture, and material of the exterior architectural
features involved, and the relation of such exterior
architectural features to similar features of buildings
and structures in the surrounding area." M.G.L. c. 40C,
§7; Town of Reading General Bylaw, §7.3.8.1.
56. When considering the appropriateness of new
construction or additions to existing buildings or
structures, the HDC "shall consider the appropriateness
of the size and shape of the building or structure both in
relation to the land area upon which the building or
structure is situated and to buildings and structures in
the vicinity, and the commission may in appropriate
cases impose dimensional and setback requirements in
addition to those required by applicable ordinance or by-
law." M.G.L.`c. 40C, §7; Town of Reading General
Bylaw, §7.3.8.2.
Windows; North 57. The Applicant further represented that two windows on
fagade of barn the North fagade of the barn, not listed on Attachment A,
will be repaired, the existing windows will be filled in
with clapboard and the existing frames shall be
maintained. The HDC determined that this work should
be considered for a Certificate of Appropriateness.
Exterior 58. The exterior architectural changes proposed for the
architectural existing house, addition and barn will be minor,
changes minor particularly when taking into account the existing
condition of the addition and the poor structural
Page 13 of 18 \L\�
condition of the existing historical barn.
Preservation 59. In order to protect the historical character of the
Restriction Property, the Applicant shall place a historic
preservation restriction, in a form acceptable to Town
Counsel, on the Property, prior to the commencement of
any work authorized by the Certificate of Non -
Applicability or the Certificate of Appropriateness.
Parking 60. The proposed parking structure is out of character for
structure out of the Property and detracts from the historical setting.
character The HDG would have preferred to see a reduction in the
parking spaces towards the front of the Property by a
reduction in the total number of parking spaces, by
shifting of parking spaces towards the rear of the
Property or by any other method. The Applicant,
however, has represented that the parking structure is
necessary for the Applicant to operate its proposed
programs, as it is permitted to do by right. The HDC
understands that the CPDC will be reviewing this
representation. The Applicant has taken steps to
mitigate the impact of the parking structure and has
agreed to remove the parking structure if the Property is
no longer primarily used for a protected use, or to impose
such a requirement on a subsequent owner if the
Applicant conveys the Property.
Finding of 61. Having considered, among other things, the historical
Appropriateness and architectural value and significance of the site and
structures, the general design, proportions, detailing,
mass, arrangement, texture, and material of the exterior
architectural features involved, and the relation of such
exterior architectural features to similar features of
buildings and structures in the surrounding area, the
HDC finds that the Applicant's proposal is appropriate
for and compatible with the preservation and protection
of the District, subject to the conditions set forth below.
RULING AND CONDITIONS
Ruling
Criterion Child Enrichment, Inc.'s application for a Certificate of Non-Applicability
is ALLOWED to the extent that proposed work is either not visible from a public
way or street and to the extent that proposed work constitutes ordinary repair,
maintenance or replacement as set forth in 1152 -54 of this Decision.
Page 14 of 18
Subject to the terms and conditions of this Decision, Criterion Child Enrichment,
Inc.'s application for a Certificate of Appropriateness, is ALLOWED.
Conditions
Work to conform A. All work on the site shall substantially conform to the
to August 24, proposal submitted by the Applicant to the Historic
2015 proposal District Commission, on August 24, 2015 as amended
by subsequent filings and to all representations recited
in this Certificate.
Barn to be
B. During work on the existing historical barn, the
protected from
Applicant shall employ adequate measures to protect
threat of
the structure of the barn from damage that could
instability
threaten the stability of the barn.
No demolition;
C. The Applicant shall not demolish any portion of the
Footprint to
existing house, non-historical addition, or barn, and
remain the same
will leave the footprint of the existing structures
unchanged.
Underground D. The underground connector creating a passageway
connector not between the existing non - historical addition to the
visible existing historical barn shall not be visible from a
public way or street.
All exterior E. All exterior architectural changes shall respect the
changes to existing historical features of the historical house and
respect house barn.
and barn
House; Retain
F. The Applicant shall retain all exterior features of the
.exterior features;
existing historical house, except as noted at ¶ 114 and
Return to HDC if
16 of this Decision, and, where feasible, the Applicant
materials
shall retain the existing exterior materials. If existing
changed
materials are deteriorated, such that their appearance
or durability, are compromised, and the Applicant
intends to replace such with materials that are not in-
kind, the Applicant shall submit an application to the
HDC for an application of non-applicability or
appropriateness and shall provide the HDC an
opportunity to review samples of proposed replacement
materials prior to installation of replacement
materials.
House;
G. During the renovation of the existing historical house,
Compliance with
the Applicant shall comply with the details of
Attachment A
Attachment A.
Page 15 of 18
Barn; Retain
H. The Applicant shall retain all exterior features of the
exterior features;
existing historical barn, except as noted at 1114 and
Return to HDC if
16 of this Decision, and, where feasible, the Applicant
materials
shall retain the existing exterior materials. If existing
changed
materials are deteriorated, such that their appearance
HVAC and
or durability, are compromised, the Applicant shall
Stairwell
submit an application to the HDC for an application of
non applicability or appropriateness and shall provide
the HDC an opportunity to review samples of proposed
Opening in barn
replacement materials prior to installation of
replacement materials.
Retention of •
I. The Applicant shall retain samples of all major
architectural
architectural features of the historical house and barn
features
that are not being preserved intact and shall store
stairwell
such samples indoors on-site.
Barn;
J. During the renovation of the existing historical barn,
Compliance with
the Applicant shall comply with the details set forth in
Attachment A
Attachment A.
Retaining wall;
K. The Applicant shall use rubble stone from the existing
Reuse of rubble
retaining wall for construction of the new retaining
stone
wall around the HVAC units on the East facade of the
addition.
Addition; Match L. To the extent that the opening on the East facade of
foundation
the addition is not'blocked by the new underground
connector, the Applicant shall fill the opening with
material matching the exposed portion of the
foundation.
Railings for
M. Railings installed around the sunken HVAC units on
HVAC and
the East facade of the addition and around the new
Stairwell
stairwell proposed for the East facade of the barn shall
be made of wrought iron and shall be period
appropriate.
Opening in barn
N. The Applicant shall fill the opening on the East facade
of the barn with wood that shall be clapboarded over to
match the existing facade.
Door and
O. The new door and windows to be installed in the new
windows in new
stairwell on the East facade of the barn shall be made
stairwell
of wood. The door shall be a replica of the door
currently on the South facade of the barn, and the
windows shall be replicas of the attic window on the
historical house.
Page 16 of 18 �'A
Cm°°
Barn; East P. The window and frame on the East faeade of the barn
fagade window that requires replacement shall be replaced with a
replacement replica of the other historical window and frame on the
same facade.
Light poles Q. The Applicant shall return to the HDC for approval of
the design of three proposed light poles.
Attachment B R. As shown on Attachment B, the Applicant shall:
i. Reduce the width of the drive from 24-feet to 20-
feet,
ii. Shift four regular parking spaces originally
proposed to be placed near the Property's frontage
on Summer Avenue to the rear of the Property,
iii. Request that the CPDC reduce or eliminate the
"No- parking" signage requirement along the edge of
the drive
iv. Use pervious paving material for the paved areas
extending from Summer Avenue back to the rear
parking area;
v. Grading shall be substantially as shown on sheet 3
of Attachment B;
vi. Not install curbing along the South edge of the
drive from Summer Avenue to the rear parking
area or along the North edge of the drive from
Summer Avenue to the first parking space; and,
vii. Plant trees along the paved areas as shown on
Attachment B.
Replication in S. In the event that the historical house or barn is
case of damage significantly damaged or destroyed by fire or other
or destruction cause prior to completion of the work authorized by
this Certificate, such damage or destruction shall be
remedied in accordance with a plan, approved by the
HDC by amendment to this Certificate, to replicate the
exterior architectural features approved herein.
All other work T. All other work as described in the proposal submitted
not visible or by the Applicant to the Historic District Commission,
ordinary repair, on August 24, 2015, shall: (1) not be visible from a
maintenance or public way or street, or (2) involve ordinary repair,
maintenance or replacement of exterior architectural
Page 17 of 18 �\%
replaceinent . features.
Removal of U. The Applicant shall remove the paved areas if the
paved areas Property is no longer primarily used for a use
protected under the Dover Amendment, or shall
impose such a requirement on a subsequent owner if
the Applicant conveys the Property.
Historic V. The Applicant shall place a historic preservation
preservation restriction on the Property, in a form acceptable to
restriction Town Counsel, prior to the commencement of any work
authorized by the Certificate of Non-Applicability or
the Certificate of Appropriateness; said restriction to
be held by the Reading Historical Commission.
W. All work authorized by this Certificate shall be
substantially completed within two years of the first
issuance of a building permit for any portion thereof.
The HDC may extend such two year period at the
request of the Applicant for good cause shown.
Dated: November 4, 2015.
TOWN OF READING
HISTORIC DISTRICT COMMISSION
O4 1.. pia
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Town of Reading
16 Lowell Street
Reading, MA 01867
Historic Districts Commission
Phone: 781 -942 -6608 RECEIVED
Fax: 781-942-9071 TowN CLERK
hdc @ci.reading.ma.us READING. MASS'
101b EEO -u A R 1 q ►
Certificate
Pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts and the Historic
Districts By -Law of the Town of Reading, the Historic Districts Commission herby issues a
CERTIFICATE OF APPROPRIATENESS
#1522C
for the work described in the Application for Certificate of the below received project. If any conditions,
requirements or recommendations are imposed, they shall be enforced in the same manner as the
Building Code. The Applicant may proceed with the proposed work provided a copy of the Certificate is
filed with the Building Commissioner and he issues a building permit when required. All work authorized
by this Certificate shall be substantially completed within two years of the first issuance of a building
permit for any portion thereof. The HDC may extend such two year period at the request of the Applicant
for good cause shown.
General Information:
Property Address: 186 -190 Summer Avenue, Reading, Massachusetts 01867
Owner(s): Debra A. Shontz - Stackpole
Tel (h): 781 - 944 -8113 (c) (fax) (email): dshontz @comcast.net
Owner's Address: same
Applicant (if not owner): Robert F. Littleton, Jr. President, Criterion Child Enrichment, Inc.
Applicant's address: Criterion: 321 Fortune Blvd, Milford, MA 01757
Tel (w): 508 - 478 -2631 (email): Littleton @aol.com
Description of Proposed Work: See attached decision
Conditions, requirements, recommendations: See attached decision"
"At its joint meeting with the Community Planning & Development Commission (CPDC) on January 25,
2016, the HDC voted to amend Certificate #1522B to incorporate all of the modifications to the plans
approved by the CPDC on 01125/2016, as reflected in the Site Plan Review Decision dated 01/28/2016.
All Work is to be built based on the information submitted with the approved application. Please advise
the Commission immediately if there are any changes to the project which result in substantial alterations
that are not reflected in the information submitted and approved. Further review by the Commission may
be required.
Application Received: 8/24/2015 Hearing Dates: 10/14, 22, 29/2015, Date of Certificate: 02/04/2016
11/04/2015 & 01/25/2016
Copies to: HDC File
Building Inspector HISTORIC DISTRICTS COMMISSION
Planning File
Owner
Town Clerk
Everett A. Blodgett, HDC C60nlall
=I
,40� uFn�y�i
0
°�s +,rrcon� °aa
Town of Reading
16 Lowell Street
Reading, MA 01867
Historic Districts CoA qPhone: 781 -9 2 -6608 1Q � §T f�KS
Fax: 781-942-9071
A 01
hdc @ci.reading.ma.us 1 %Jh EE5 „u
Certificate
Pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts and the Historic
Districts By -Law of the Town of Reading, the Historic Districts Commission hereby issues a
CERTIFICATE OF NON - APPLICABILITY
5i &MUO
for the work described in the accompanying application. If any conditions, requirements or
recommendations are imposed, they shall be enforced in the same manner as the Building Code. The
Applicant may proceed with the proposed work provided a copy of the Certificate is filed with the Building
Commissioner and he issues a building permit when required. All work authorized by this Certificate shall
be substantially completed within two years of the first issuance of a building permit for any portion
thereof. The HDC may extend such two year period at the request of the Applicant for good cause shown.
General Information:
Property Address: 186 -190 Summer Avenue, Reading, Massachusetts 01867
Owner's): Debra A. Shontz - Stackpole
Tel (h): 781 - 944 -8113 (c) (fax) (email): dshontz @comcast.net
Owner's Address: same
Applicant (if not owner): Robert F. Littleton, Jr. President, Criterion Child Enrichment, Inc.
Applicant's address: Criterion: 321 Fortune Blvd, Milford, MA 01757
Tel (w): 508 -478 -2631 (email): littleton @aol.com
Description of Proposed Work: See attached decision
Conditions, requirements, recommendations: See attached decision*
*At its joint meeting with the Community Planning & Development Commission (CPDC) on January 25,
2016, the HDC voted to amend Certificate #1521 B to incorporate all of the modifications to the plans
approved by the CPDC on 01/25/2016, as reflected in the Site Plan Review Decision dated 01/28/2016,
All Work is to be built based on the information submitted with the approved application. Please advise
the Commission immediately if there are any changes to the project which result in substantial alterations
that are not reflected in the information submitted and approved. Further review by the Commission may
be required.
Application Received: 8124/2015 Hearing Dates: 10/14, 22, 29/2015, Date of Certificate: 02/04/2016
11/04/2015 & 01/25/2016
Copies to: HDC File
Building Inspector HISTORIC DISTRICTS COMMISSION
Planning File
Owner
Town Clerk
Everett A. Blodgett, HDC Ch rman
XFINITY Connect Fwd Pres Restr, con t Printout
Page 1 of 2
Virginia Adams <vahistorian@comcast.net> 5/2/2017 7:29 PM
Fwd: Pres Restr, con't
To Everett Blodgett <evblodgett @comcast.net>
Hi there,
I'm forwarding my recent emails to /from Jonathan for your edification and perhaps including them for Town Counsel.
All for nowl
Ginny A.
Begin forwarded message:
From: jonathan bames lebarnesUW- verizon.net>
Date: May 2, 2017 3:55:34 PM EDT
To: Virginia Adams <vahistorian(Mcomcast.net>
Subject: Re: Pres Restr, con't
Hi Virginia,
You've asked some very interesting questions. To the extent I can answer, I'll add my replies below in red font,
following your questions.
Best,
Jonathan
On May 1, 2017, at 4:16 PM, Virginia Adams wrote:
Jonathan,
As always you do outstanding work and promptly as welll Thanks so much for your expertise.
I have a few questions regarding the text and would appreciate your review.
#9. Legal Remedies - B.Costs of Enforcement, etc.: last sentence - ...Commission agrees to bear costs and
expenses... incurred by the Grantee in defending against Commission's unsuccessful enforcement attempt.
Shouldn't this be "Grantor"? Yes, I think it should be "Grantor ". In my copy of the draft document, I
highlighted that word, "Grantee" and inserted a comment in the column to the far right (reflecting the "track
changes ") that states "Shouldn't this actuallly be the "Grantor "? Everett should raise with Julie.
Can you clarify the two sections noted below? Does the authorization to record mean at the Registry?
#10. Execution of Instruments: The Commission is authorized to record this PR. then file with MHC. I
believe it does mean to record at the Registry, but a good question to ask Town Counsel. As I read this
paragraph, it seems to be addressing the authority and requirement to record this restriction, as well as any
other "approval" or "notice of restriction" documents from the MHC, in accordance with state statute, chapter
184, section 27. We should consult with Town Counsel on this, but that statutory section seems to suggest
certain recording is required within 30 years, and then no more than 20 years later, in order for any
restriction to be enforceable in perpetuity. Sounds a little crazy to me, but we should consult TC.
#14. Recording: Grantor (Critedon)agrees to record with Registry of Deeds. Yes, this refers to Grantor
recording this Agreement at the Registry.
#20. Liberal Construction: 1 st sentence: this Pres. Rest. shall be liberally construed in favor of the grant
to affect the purposes.... should this be grantee? No I don't think this should be grantee. I noticed an answer
to this same question in an earlier email when Bob L. asked of Town Counsel. TC answered as follows at
https: // connect .xfinity.com /appsuite /v= 7.8.3 -16. 20170419.114704 /print.html ?print 149381... 5/3/2017
a
XFIMTY Connect Fwd- Pres Restr, con t Printout
Page 2 of 2
the time: "The "grant' is the preservation restriction. Although the phrasing seems odd, this language is
sm, 11 Rj igm I I ng I I I I guMAIM, I a IFIA 1:2 1,;;]
Sorry I didn't get to read it earlier ..... as a novice I may be barking up the wrong tree(s)l
Virginia
https:llconnect.xfinity.comlappsuitelv--7.8.3-16.20170419-1147041print.html?print_149381...
5/3/2017
on
( RESERVATIONIRESTRICTION AGREEMENT
between the TOWN OF READING
by and through the READING HISTORICAL COMMISSION
and
Criterion Child Enrichment, Inc.
The parties to this Agreement are the Town of Reading, by and through the
Reading Historical Commission acting pursuant to M.G.L. c.40, 01), with offices located
at 16 Lowell Street, Reading, Massachusetts 01867, hereafter referred to as the
Commission, and Criterion Child Enrichment, Inc., a Massachusetts nonprofit, tax
exempt corporation, with its principal offices at 345 Fortune Boulevard, Milford,
Massachusetts 01757, hereafter referred to as the Grantor.
WHEREAS, the Grantor is the owner in fee simple of certain real property located
at 186 -190 Summer Avenue, Reading, Massachusetts 01867 and described in a deed dated
November 18, 2016, from Deborah Shontz- Stackpole, recorded with the Middlesex South
Registry of Deeds, Book 68436, Page 568 (hereafter referred to as the "Premises "), which
is improved by and include two buildings on the property -known as the House and the
Barn, collectively referred to hereafter as the "Buildings."
WHEREAS, the Buildings, known as "Kemp Place," were built in 1853 for
Robert "Father" Kemp and placed on the National Register of Historic Places in 1984, and
are considered to be one of Reading's finest examples of Italianate architecture.
WHEREAS, the Grantor wishes to impose certain restrictions, obligations and
Comment 11bl]:
duties upon it as the owner of the Premises .and Buildings and on the successors to its right, Formatted: Font color: Blue
title and interest therein, with respect to maintenance, protection, and preservation of the
Premises And Buildings -in order to protect the - architectural and historical integrity thereof; Formatted: Font color: Blue
and
WHEREAS, the preservation of the Premises and Buildings isimportant to the .............
-- - - - - -. . Formatted: Font color: Blue
public for the enjoyment and appreciation of its architectural and historical heritage and
will serve the public interest in a manner consistent with the purposes of M.G.L. chapter
184, :seetiex -§32, hereinafter referred to as the Act;
WHEREAS, the Grantor submitted an application to the Town of Reading Historic
District Commission, for preservation and renovation of the Premises and Buildings, which
application resulted in conditions and requirements of Certificates of Non - Applicability
and Appropriateness ( #1521 and 91522) dated November 5, 2015, amended November 16,
2015 01521A and #1522A), and amended again November 18, 2015 0152113 and
#152213) issued by the RHDC; and in a Final Decision of the Historic District Commission
thatwh" incorporated a Final Decision by the Town of Reading Community Planning and
Development Commission, which HDC Final Decision includes as an attachment HDC's
November 4, 2015 Decision of Approval of Criterion's Application for Certificate of
Appropriateness (which Final Decisions collectively, the "Decision "). �h� Decision was Comment DWI: Need to attach all these
above- referenced conditions /requirements.
approved by the CPDC on January 25, 2016 and filed with the Town of Reading Town Why aren't they attached to Clerk's copy of
Decision?
Clerk on February 4, 2016 (a copy of the Decision is attached to this Preservation Comment Ub31:
Restriction Agreement, as Attachment "A } "s and with this reference is incorporated into Comment Ub4l
and made a part of this Preservation Restriction Agreement); and
WHEREAS, the Commission is authorized to accept these preservation restrictions
under the M;
THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, the Grantor conveys to the Commission the following preservation
restrictions, which shall apply in perpetuity to the Premises and Buildings. These
preservation restrictions are set forth so as to ensure the preservation of those
characteristics which contribute to the architectural and historical integrity of the
Premises and Buildings which have been listed on the National and /or State Registers of
Historic Places, under applicable state and federal legislation and as set forth in this
Preservation Restriction Agreement.
Characteristics which contribute to the architectural and historical integrity of the
Premises and Buildings include, but are not limited to the artifacts, features, materials,
appearance, and workmanship of the Premises and Buildings, including those
hose
Comment 1ab51: Isn't authorization of RHC
under MGL e.40 section 8d?
--- - -- Formatted: Line spacing: 1.5 lines
characteristics which originally qualified the Premises and Buildings for listing in the
National and /or State Registers of Historic Places.
The terms of the Preservation Restriction are as follows:
1. For the purposes of the following below numbered paragraphs, 3., 4., 5., 6., only,
whenever the term "Commission" is used in said paragraphs, it shall refer to the Reading
Historic District Commission to whom the Reading Historical Commission designates its
authority to administer these referenced paragraphs, and which Reading Historic District
Commission has such authority to administer pursuant to M.G.L. c.40C, section 10(h). In
the event the said Reading Historic District Commission is no longer constituted, in
existence or no longer empowered to act, or is otherwise unavailable to act, the term
"Commission" in said paragraphs shall revert and be understood to refer to the Reading
Historical commission
4-2 Completion of the Work Covered by the Decision:
_The Commission's permission Grantor shall not be required the permissien of the -
Gemmission, tefor the completion e theof work approved by the Reading Historic
District Commission in its Decision, unless otherwise required by the Decision.
The Reading Historic District Commission retains all rights and authority with
respect to that Decision which it possesses by Law._'
Historie Tl'nt«: nt Gnmm:nn:..., as covered by the Decision /A#mehme t A
23. Maintenance of Premises and Buildings: For as long as the Grantor owns the
Premises and Buildings, the Grantor agrees to assume the total cost of continued
maintenance, repair and administration of the Premises and Buildings so as to
preserve the characteristics which contribute to the architectural and historical
integrity of the Premises and Buildings in a manner consistent with the Decision
and in a manner satisfactory to the Commission according to the Secretary of the
Interior's "Standards for the Treatment of Historic Properties. " - The Grantor may
seek financial assistance from any source available to it. The Commission does not
3
��3a
assume any obligation for maintaining, repairing or administering the Premises and
Buildings.
34. Inspection: The Grantor agrees that the Commission may inspect the Premises and
Buildings. from time to time upon reasonable notice to determine whether the
Grantor is in compliance with the terms of this Agreement. Any such inspection
shall be conducted at a mutually agreeable time that does not interfere with the
Grantor's operations.
453. Alterations: The Grantor agrees that no alterations shall be made to the Buildings
by the Grantor unless such alterations are (a) clearly of minor nature, do not violate
the terms of the Decision and do not affecting the characteristics which contribute
to the architectural or historical integrity of the Premises and Buildings;;-; -eF
more than minor or do not constitute ordinary maintenance and repair. In such case,
the Commission asshall determine in advance and after reviewing_ plans and
specifications submitted by the Grantor, that the proposed alteration will not impair
such characteristics or violate the terms of the Decision, and such determination by
the Commission shall not be unreasonably withheld; (cb) suoh alter Lien
expressly allowed by the Decision; -er (de) required by casualty or other emergency
promptly reported to the Commission; -, or (ed) required for compliance with the
Americans with Disabilities Act (hereinafter the "ADA ") or the Commonwealth of
Massachusetts Architectural Access Board (hereinafter "AAB ") Rules and
Regulations, provided the Grantor's plans and specifications for this purpose are -
first approved by the Commission, hieh said ° approval shall net be nably
withheld. t-,4If the Commission's determination shall cause the Grantor
to be out of compliance with the ADA or the AAB Rules and Regulations, and
should the Grantor determine that it cannot satisfy both the Commission and the
ADA or AAB Rules and Regulations, the Grantor shall notify the Commission in
writing of said conflict prior to undertaking any work, and, shall request a
reasonable accommodation under the ADA or explain the need for a variance of the
AAB Rules and Regulations. lif the Commission reasonably determines that sues# -a
conflict exists with the ADA, the Commission shall consider the Grantor's request
for a reasonable accommodation in accordance with the ADA. If the Commission
4
q�33
determinesand that a variance from the AAB Rules and Regulations waiver of the
°men4s of t ° ^ D ^ should be requested, the Commission shall cooperate
with the Grantor -Geri in seeking such a waivervariance. In the event that a
variance of the AAB Rules and Regulations is requested and denied, the Grantor
shall comply with the AAB Rules and Regulations notwithstanding the Preservation
Restriction and any terms herein to the contrary; provided that the Commission may
first consider whether or not to further appeal said denial, and first pursue all such
appeal rights. The Grantor, its successors and assigns shall bear all costs associated
with the seeking of a reasonable accommodation or variancewaivef hereunder.
-564. Ordinary Maintenance and Repair: Ordinary maintenance and repair of the
Premises and Buildings may be made without the permission of the Commission
provided such maintenance and repair are not inconsistent with the Decision and do
not affect the characteristics which contribute to the architectural or historical
integrity of the Premises and Buildings._ For purposes of this section, interpretation
of what constitutes alterations of a minor nature and ordinary maintenance and
repair is governed by the Restriction Guidelines, as interpreted by the Commission,
and which are attached to this Agreement as Attachment `B" and hereby
incorporated by reference.
676. Notice and Approval. Whenever a decision by the Reading Historical Commission
or the Reading Historic District Commission is required under this restriction,
Grantor shall send written notice thereof to the Reading Historical Commission
or Reading Historic District Commission, by certified mail, return receipt
requested, or by Constable, or by some other method requiring the signature of a
representative or employee of the Reading Historical Commission or Reading
Historic District Commission, acknowledging receipt, -not less than thirty (30)
days prior to the date on which Grantor intends to undertake the activity in
question. The notice shall describe the nature, scope, design, location, timetable
and any other material aspect of the proposed activity in sufficient detail to
permit the Reading Historical Commission or Reading Historic District
Commission to make an informed judgment as to its consistency with the
purposes of this Preservation Restriction. Within thirty (30) days of receipt of
Grantor's reasonably sufficient request for said`aeva�n, the Reading-------- - - - - -- Formatted: Strikethrough
Historical Commission or Reading Historic District Commission shall, in
writing, grant or withhold its approval. The Reading Historical Commission's or
Reading Historic District Commission's approval shall not be unreasonably
withheld, and shall be granted upon a reasonable showing that the proposed
activity shall not materially impair the purpose of this Preservation Restriction.
786. Assignment: Upon written notice to the Grantor, the Commission may assign this
Agreement to another governmental body or to any charitable corporation or trust
among -the purposes of which includei -s the maintenance and preservation of
historic properties, provided thathat such assignment may be made only in the - -- Formatted: Highlight
event that the Commission should cease to function or exist, with the exception of
the reference in paragraph 1. above, of the assignment to the Reading Historic
District Commission for administering paragraphs 3., 4., 5., 6., above, which
assignment the Commission may freely make in any case.:
99 -7: Legal Remedies of the Grantee and Grantor:
A. Legal and Injunctive Relief.
The rights hereby granted shall include the right in the Commission to enforce this
Preservation Restriction by appropriate legal proceedings and to obtain injunctive
and other equitable relief against any violations, including without limitation, relief
requiring restoration of the property to its condition prior to the time of the injury
complained of The rights hereby granted shall be in addition to and not in
limitation of, any other rights and remedies available to the Commission for the
enforcement of the Preservation Restriction.
B. Costs of Enforcement or Unsuccessful Enforcement Attempt.
In the event the Grantor violates this restriction, the Grantor and thereafter its
successors and assigns agree to bear the costs and expenses (including without
Z
q�55
limitation counsel fees) incurred by the Reading Historic District Commission or
the Reading Historical Commission in enforcing this Preservation Restriction or in
remedying or abating any violation thereof occurring during such person's
ownership. In the event that the Reading Historic District Commission or the
Reading Historical Commission seeks an enforcement action against the Grantor,
and it is found by a court of competent jurisdiction that the Grantor did not violate
this restriction, the Reading Historic District Commission or the Reading Historical
Commission agrees to bear the costs and expenses (including without limitation
counsel fees) incurred by the 1irpnRe in__defendipg against the _Commission's Comment Ub7l: Shouldn't this actually bethe
"Grantor "?
unsuccessful enforcement attempt.
Formatted: Font color: Red
C. Commission's Disclaimer of Liability.
By its acceptance of this Preservation Restriction, the Commission does not
undertake any liability or obligation relating to the condition of the Premises and
Buildings.
D. Non - waiver.
Any election by the Commission as to the manner and timing of its right to
enforce this Preservation Restriction or otherwise exercise its rights hereunder
shall not be deemed or construed to be a waiver of any such rights.
9109. Execution of Instruments: The Commission is authorized to record this
Preservation Restriction. The Commission is authorized to record or file the
approval of the Massachusetts Historical Commission, notices of restriction under
M.G.L. c. 184, § 27, or other required documents pursuant thereto for the exclusive
purpose of ensuring the perpetual enforceability of this Preservation Restriction,
and the Grantor and its successors and assigns agree to execute any such instrument
upon request.
9181. Controlling Law: The interpretations and performance of this Preservation
Restriction shall be governed by the laws of the Commonwealth of Massachusetts.
1 -129. Liberal Construction: Any general rule of construction to the contrary
notwithstanding, this Preservation Restriction shall be liberally construed in favor
of the grant to affect the purposes of the Preservation Restriction and the policy and
purposes of Grantee. If any provision is found to be ambiguous, an interpretation
7
=I
consistent with the purpose of this Preservation Restriction that would render the
provision valid shall be favored over any interpretation that renders it invalid.
1234. Validity and Severability: The invalidity of M.G.L. c. -184 or any part thereof shall
not affect the validity and enforceability of this Agreement according to its terms.
The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this Agreement.
1 -343. Recording: The Grantor agrees to record this Agreement with the Middlesex South
Registry of Deeds and file a copy of such recorded instrument with the
Commission.
1453. Restriction Runs with the Land: The burden of these restrictions enumerated in
paragraphs 1 through 134-2, inclusive, shall run with the land and is binding upon
future owners of an interest therein in the same manner as these restrictions are
binding on the Grantor referenced herein.
9
lkw�
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2017.
Criterion Child Enrichment, Inc.
By: Robert F. Littleton, Jr., Ed.D., Its duly authorized President
GRANTEE:
Town of Reading
0
Its duly authorized Historical Commission
10
COMMONWEALTH OF MASSACHUSETTS
, ss
On this day of , 2017, before the undersigned notary
public, personally appeared Robert F. Littleton, Jr., Ed.D, the President of Criterion Child
Enrichment, Inc., proved to me through satisfactory evidence of identification, which was
a Massachusetts driver's license, to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that (he /she) signed it voluntarily for its
stated purpose on behalf of Criterion Child Enrichment, Inc.
Notary Public:
My commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss
On this day of 2017, before the undersigned notary
public, personally appeared , member of the Reading
Historical Commission, as aforesaid, proved to me through satisfactory evidence of
identification, which was a Massachusetts driver's license, to be the person whose name
is signed on the preceding or attached document, and acknowledged to me that he /she
signed it voluntarily for its stated purpose on behalf of the Town of Reading Historical
Commission.
Notary Public:
My Commission Expires
11
APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
The undersigned hereby certifies that the foregoing preservation restrictions have been
approved pursuant to Massachusetts General Laws, Chapter 184, Section 32.
MASSACHUSETTS HISTORICAL COMMISSION
WI
Executive Director and Clerk
Massachusetts Historical Commission
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss
On this day of 2017, before the undersigned notary
public, personally appeared , proved to me through
satisfactory evidence of identification, which was a Massachusetts driver's license, to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that (he /she) signed it voluntarily for its stated purpose as Executive
Director and Clerk of the Massachusetts Historical Commission.
Notary Public:
My commission Expires:
12
RESTRICTION GUIDELINES
ATTACHMENT B
TO PRESERVATION RESTRICTION AGREEMENT BETWEEN
THE TOWN OF READING AND CRITERION CHILD ENRICHMENT INC
The purpose of the Restriction Guidelines is to clarify paragraphs *,r--efive and €eursix of the terms
of the preservation restriction. Under these sections, alterations of a minor nature or that are part of
ordinary maintenance and repair, do not require Commission review.
In an effort to explain what constitutes a minor alteration and what constitutes an alteration
requiring review by the Commission, the following list has been developed. By no means is this list
comprehensive: it is only a sampling of some of the more common alterations, which may be
contemplated by building owners.
PAINT
Minor — Exterior hand scraping and repainting of non - decorative and non-significant
ficant
surfaces as part of periodic maintenance.
Major - Painting or fully stripping decorative surfaces or distinctive stylistic features
including ornamental - ironwork, stone, decorative or significant - woodwork.
WINDOWS AND DOORS
Minor - Regular maintenance including caulking_ painting and necessary re- glazing.
Repair or in -kind replacement of existing individual decayed window parts.
Major - Wholesale replacement of units; change in fenestration or materials; alteration of
profile or setback of windows. The addition of storm windows is also considered a major
change; however, with notification it is commonly acceptable.
EXTERIOR
Minor - Spot repair of existing cladding and roofing including in-kind replacement of
clapboards, shingles, slates, etc.
Major - Large -scale repair or replacement of cladding or roofing. Change involving
inappropriate removal or addition of materials or building elements (i.e. removal of
chimneys or cornice detailing; installation of architectural detail which does not have a
historical basis), altering or demolishing building additions; spot repointing of masonry_
Structural stabilization of the property is also considered a major alteration.
It is the responsibility of the property owner to notify the Commission in writing when any major
alterations are contemplated. Substantial alterations may necessitate review of plans and
specifications.
13
mo
PRESERVATION RESTRICTION AGREEMENT
between the TOWN OF READING
by and through the READING HISTORICAL COMMISSION
and
Criterion Child Enrichment, Inc.
The parties to this Agreement are the Town of Reading, by and through the
Reading Historical Commission acting pursuant to M.G.L. c.40, §8D, with offices located
at 16 Lowell Street, Reading, Massachusetts 01867, hereafter referred to as the
Commission, and Criterion Child Enrichment, Inc., a Massachusetts nonprofit, tax
exempt corporation, with its principal offices at 345 Fortune Boulevard, Milford,
Massachusetts 01757, hereafter referred to as the Grantor.
WHEREAS, the Grantor is the owner in fee simple of certain real property located
at 186 -190 Summer Avenue, Reading, Massachusetts 01867 and described in a deed dated
November 18, 2016, from Deborah Shontz - Stackpole, recorded with the Middlesex South
Registry of Deeds, Book 68436, Page 568 (hereafter referred to as the "Premises "), which
is improved by and include two buildings on the property -known as the House and the
Barn, collectively referred to hereafter as the "Buildings."
WHEREAS, the Buildings, known as "Kemp Place," were built in 1853 for
Robert "Father" Kemp and placed on the National Register of Historic Places in 1984, and
are considered to be one of Reading's finest examples of Italianate architecture.
WHEREAS, the Grantor wishes to impose certain restrictions, obligations and
duties upon it as the owner of the Premises and on the successors to its right, title and
interest therein, with respect to maintenance, protection, and preservation of the - Premises
in order to protect the architectural and historical integrity thereof; and
WHEREAS, the preservation of the Premises is important to the public for the
enjoyment and appreciation of its architectural and historical heritage and will serve the
public interest in a manner consistent with the purposes of M.G. L. c hapter- 184, sec-tien
§32, hereinafter referred to as the Act;
qOLa3
WHEREAS, the Grantor submitted an application to the Town of Reading Historic
District Commission, for preservation and renovation of the Premises, which application
resulted in a Final Decision of the Historic District Commission thatwhieh incorporated a
Final Decision by the Town of Reading Community Planning and Development
Commission (collectively, the "Decision "). The Decision was filed with the Town of
Reading Town Clerk on February 4, 2016 (a copy of the Decision is attached to this
Preservation Restriction Agreement, as Attachment "A } ", and with this reference is
incorporated into and made a part of this Preservation Restriction Agreement); and
WHEREAS, the Commission is authorized to accept these preservation restrictions
under the Act;
THEREFORE, for good and valuable consideration, the receipt of which is f
hereby acknowledged, the Grantor conveys to the Commission the following preservation
restrictions, which shall apply in perpetuity to the Premises.
These preservation restrictions are set forth so as to ensure the preservation of those
characteristics which contribute to the architectural and historical integrity of the Premises,
as set forth in this Preservation Restriction Agreement.
The terms of the Preservation Restriction are as follows:
11. Completion of the Work Covered by the Decision:
_The Commission's permission Gm tor-shall not be required the pemissio of tthe
for the completion e tbeof work approved by the Commission in its
Decision, unless otherwise required by the Decision.
2. Maintenance of Premises: For as long as the Grantor owns the Premises, the
Grantor agrees to assume the total cost of continued maintenance, repair and
administration of the Premises so as to preserve the characteristics which contribute
to the architectural and historical integrity of the Premises in a manner consistent
with the Decision and in a manner satisfactory to the Commission according to o the
2
Formatted: Line spacing: 1.5 lines
Comment [EBRiI. The Decision, provides
that work shall be completed within two years
unless an extension is granted by the HDC, so
there is at least one circumstance' in which
HDC approval could be required for work
already approved.
a�-a�
Secretary of the Interior's "Standards for the Treatment of Historic Properties,"-.
The Grantor may seek financial assistance from any source available to it. The
Commission does not assume any obligation for maintaining, repairing or
administering the Premises.
3. Inspection: The Grantor agrees that the Commission may inspect the Premises
from time to time upon reasonable notice to determine whether the Grantor is in
compliance with the terms of this Agreement. Any such inspection shall be
conducted at a mutually agreeable time that does not interfere with the Grantor's
operations.
4-3. Alterations: The Grantor agrees that no alterations shall be made to the Buildings
by the Grantor unless (a) such alterations are clearly of minor nature and do not
affecting the characteristics which contribute to the architectural or historical
integrity of the Premises; (b) if such alterations are more than minor or do not
constitute ordinary maintenance and repair, the Commission has previously
determined that the alteration will not impair such characteristics after reviewing
plans and specifications submitted by the Grantor, which determination shall not be
unreasonably withheld, (c b) such alterations are expressly allowed by the Decision;;
eF (de) required by casualty or other emergency promptly reported to the
Commission;; or (gd) required for compliance with the Americans with Disabilities
Act (hereinafter the "ADA ") or the I ommonwealth'of Massachusetts Architectural
Access Board' hereinafter "AAB" Rules and Regulations, provided the Grantor's
plans and specifications for this purpose are first approved by the Commission;
..1 ieh said appr-eval shall of be ably withheld. In any - -°e event, iIf the
Commission's determination shall cause the Grantor to be out of compliance with
the ADA or the AAB Rules and Regulations, and should the Grantor determine that
it cannot satisfy both the Commission and the ADA or AAB Rules and
Regulations, the Grantor shall notify the Commission in writing of said conflict
prior to undertaking any work, and, shall request a reasonable accommodation
under the ADA or explain the need for a variance of the AAB Rules and
Regulations. Iif the Commission reasonably- determines that stoma conflict exists
with the ADA, the Commission shall consider the Grantor's request for a
3
- Comment [EBR21: Is this intended to refer to
• statute, regulation or order? Compliance with
• "board" is not possible.
Same question for all AAB references below.
ON
reasonable accommodation in accordance with the ADA. If the Commission
determinesand that a variance from the AAB Rules and Regulations kwiver of A
'ir-ements of the ADA I
hould be requested, the Commission shall cooperate - - --
with the Grantor -C-enva4ssion in seeking such a waivffvariance. In the event that a
variance of the AAB Rules and Regulations is requested and denied, the Grantor
shall comply with the AAB Rules and Regulations notwithstanding the Preservation
Restriction and any terms herein to the contrary. The Grantor, its successors and
assigns shall bear all costs associated with the seeking of a reasonable
accommodation or variancewvaivef hereunder. Ordinary maintenance and repair of
the Premises may be made without the permission of the Commission. rra r" the eeveias
notwithstanding this Pr-esep,�MiEffl Restriefien and an), terms herein to the eentravy-.
54. Ordinary Maintenance and Repair: Ordinary maintenance and repair of the
Premises may be made without the permission of the Commission provided such
maintenance and repair are not inconsistent with the Decision. For purposes of this
section_, interpretation of what constitutes alterations of a minor nature and ordinary
maintenance and repair is governed by the Restriction Guidelines which are
attached to this Agreement as Attachment "B" and hereby incorporated by
reference.
63. Notice and Approval. Whenever approval by the Commission is required under
this restriction, Grantor shall send written notice thereof to the Commission, by
certified mail, return receipt requested, or by Constable, or by some other
method requiring the signature of a representative or employee of the
Commission, acknowledging receipt, -not less than thirty (30) days prior to the
date on which Grantor intends to undertake the activity in question. The notice
shall describe the nature, scope, design, location, timetable and any other
material aspect of the proposed activity in sufficient detail to permit the
Commission to make an informed judgment as to its consistency with the
purposes of this Preservation Restriction. Within thirty (30) days of receipt of
Grantor's reasonably sufficient request for said approval, the Commission shall,
4
Comment tEBR31: The ADA doesn't have
any waiver or variance provisions. It does
make allowances for conditions that make
compliance difficult or impossible by
permitting compliance to the greatest extent
possible, but there is no process for requesting
a waiver or authority to grant a waiver of
which I am aware.
q�a`�
in writing, grant or withhold its approval. The Commission's approval shall not
be unreasonably withheld, and shall be granted upon a reasonable showing that
the proposed activity shall not materially impair the purpose of this Preservation
Restriction. Failure of the Commission to make e aeeisien within thirty i20A
days f em the date on ai rhieh the request is epted by the Cemmissien e« 4e
uuyo =avaaa the
netine of e time emensien within said time shall be deemed ten nstitute
.el of the request n submiaea a long as the request nets forth ti.e
provisions u�Yry v ua vi auv a�qu us ua .iaavaa , `�
of this seetien relating 4e deemed n Cal after passage e f time
76. Assignment: Upon written notice to the Grantor, the Commission may assign this
Agreement to another governmental body or to any charitable corporation or trust
among -the purposes of which includeis the maintenance and preservation of
historic properties, provided thatbut such assignment may be made only in the
event that the Commission should cease to �unctionl - - - -- f Comment JEBR41: Cease to function or exist ?'
87. Legal Remedies of the Grantee and Grantor:
A. Legal and Injunctive Relief.
The rights hereby granted shall include the right in the Commission to enforce this
Preservation Restriction by appropriate legal proceedings and to obtain injunctive
and other equitable relief against any violations, including without limitation, relief
requiring restoration of the property to its condition prior to the time of the injury
complained of The rights hereby granted shall be in addition to and not in
limitation of, any other rights and remedies available to the Commission for the
enforcement of the Preservation Restriction.
B. Costs of Enforcement or Unsuccessful Enforcement Attempt.
In the event the Grantor violates this restriction, the Grantor and thereafter its
successors and assigns agree to bear the costs and expenses (including without
limitation counsel fees) incurred by the Commission in enforcing this Preservation
Restriction or in remedying .or abating any violation thereof occurring during such
person's ownership. In the event that the Grantee seeks an enforcement action
against the Grantor, and it is found by a court of competent jurisdiction that the
Grantor did not violate this restriction, the Grantee agrees to bear the costs and
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expenses (including without limitation counsel fees) incurred by the Grantee in
defending against the Commission's unsuccessful enforcement attempt.
C. Commission's Disclaimer of Liability.
By its acceptance of this Preservation Restriction, the Commission does not
undertake any liability or obligation relating to the condition of the Premises.
D. Non - waiver.
Any election by the Commission as to the manner and timing of its right to
enforce this Preservation Restriction or otherwise exercise its rights hereunder
shall not be deemed or construed to be a waiver of any such rights.
99. Execution of Instruments: The Commission is authorized to record this
Preservation Restriction. The Commission is authorized to record or file the
approval of the Massachusetts Historical Commission, notices of restriction under
M.G.L. c. 184, § 27, or other required documents pursuant thereto for the exclusive
purpose of ensuring the perpetual enforceability of this Preservation Restriction,
and the Grantor and its successors and assigns agree to execute any such instrument
upon request.
910. Controlling Law: The interpretations and performance of this Preservation
Restriction shall be governed by the laws of the Commonwealth of Massachusetts.
110. Liberal Construction: Any general rule of construction to the contrary
notwithstanding, this Preservation Restriction shall be liberally construed in favor
of the grant to affect the purposes of the Preservation Restriction and the policy and
purposes of Grantee. If any provision is found to be ambiguous, an interpretation
consistent with the purpose of this Preservation Restriction that would render the
provision valid shall be favored over any interpretation that renders it invalid.
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a,
121. Validity and Severability: The invalidity of M.G.L. c. -184 or any part thereof shall
not affect the validity and enforceability of this Agreement according to its terms.
The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this Agreement.
13 -2. Recording: The Grantor agrees to record this Agreement with the Middlesex South
Registry of Deeds and file a copy of such recorded instrument with the
Commission.
143. Restriction Runs with the Land: The burden of these restrictions enumerated in
paragraphs 1 through 13 -2, inclusive, shall run with the land and is binding upon
future owners of an interest therein.
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*11,
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2017.
GRANTOR:
Criterion Child Enrichment, Inc.
By: Robert F. Littleton, Jr., Ed.D., Its duly authorized President
GRANTEE:
Town of Reading
I:
Its duly authorized Historical Commission
COMMONWEALTH OF MASSACHUSETTS
, ss
On this day of , 2017, before the undersigned notary
public, personally appeared Robert F. Littleton, Jr., Ed.D, the President of Criterion Child
Enrichment, Inc., proved to me through satisfactory evidence of identification, which was
a Massachusetts driver's license, to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that (he /she) signed it voluntarily for its
stated purpose on behalf of Criterion Child Enrichment, Inc.
Notary Public:
My commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss
On this day of , 2017, before the undersigned notary
public, personally appeared , member of the Reading
Historical Commission, as aforesaid, proved to me through satisfactory evidence of
identification, which was a Massachusetts driver's license, to be the person whose name
is signed on the preceding or attached document, and acknowledged to me that he /she
signed it voluntarily for its stated purpose on behalf of the Town of Reading Historical
Commission.
Notary Public:
My Commission Expires
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APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
The undersigned hereby certifies that the foregoing preservation restrictions have been
approved pursuant to Massachusetts General Laws, Chapter 184, Section 32.
MASSACHUSETTS HISTORICAL COMMISSION
By
Executive Director and Clerk
Massachusetts Historical Commission
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss
On this day of 2017, before the undersigned notary
public, personally appeared , proved to me through
satisfactory evidence of identification, which was a Massachusetts driver's license, to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that (he /she) signed it voluntarily for its stated purpose as Executive
Director and Clerk of the Massachusetts Historical Commission.
Notary Public:
My commission Expires:
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RESTRICTION GUIDELINES
ATTACHMENT B
TO PRESERVATION RESTRICTION AGREEMENT BETWEEN
THE TOWN OF READING AND CRITERION CHILD ENRICHMENT INC.
The purpose of the Restriction Guidelines is to clarify paragrghs three and four of the terms of the
preservation restriction. Under these sections, alterations of a minor nature or that are part of
ordinary maintenance and repair, do not require Commission review.
In an effort to explain what constitutes a minor alteration and what constitutes an alteration
requiring review by the Commission, the following list has been developed. By no means is this list
comprehensive: it is only a sampling of some of the more common alterations, which may be
contemplated by building owners.
PAINT
Minor — Exterior hand scraping and repainting of non - decorative and non-significant
surfaces as part of periodic maintenance.
Major - Painting or fully stripping decorative surfaces or distinctive stylistic features
including ornamental ironwork, stone, decorative or significant woodwork.
WINDOWS AND DOORS
Minor - Regular maintenance including caulking_ painting and necessary glazing.
Repair or in -kind replacement of existing individual decayed window parts.
Major - Wholesale replacement of units; change in fenestration or materials; alteration of
profile or setback of windows. The addition of storm windows is also considered a major
changes however, with notification it is commonly acceptable.
EXTERIOR
Minor - Spot repair of existing cladding and roofing including in -kind replacement of
clapboards, shingles, slates, etc.
Major - Large -scale repair or replacement of cladding or roofing. Change involving
inappropriate removal or addition of materials or building elements (i.e. removal of
chimneys or cornice detailing; installation of architectural detail which does not have a
historical basis); altering or demolishing building additions; spot repointing of masonry_
Structural stabilization of the property is also considered a major alteration.
It is the responsibility of the property owner to notify the Commission in writing when any major
alterations are contemplated. Substantial alterations may necessitate review of plans and
specifications.
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