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HomeMy WebLinkAbout2012-04-23 Annual Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on February 28, 2012 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to April 23 2012, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on February 29 , 2012. A true copy Attest: Laura Gemme, Town Clerk 1 Alan Ulrich, Constable TOWN WARRANT (SEAL) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Monday, April 23, 2012, at seven - thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; One member of the Board of Selectmen for three years; One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; Two members of the School Committee for three years; and One Hundred and Ninety Two Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 Eight members for three years; 0 Eight members for two years; Eight members for one year; Precinct 2 Eight members for three years; Eight members for two years; Eight members for one year; Precinct 3 Eight members for three years; Eight members for two years; Eight members for one year; Precinct 4 Eight members for three years; Eight members for two years; Eight members for one year; Precinct 5 Eight members for three years; Eight members for two years; Eight members for one year; Precinct 6 Eight members for three years; Eight members for two years; Eight members for one year; Precinct 7 Eight members for three years; Eight members for two years; Eight members for one year; and Precinct 8 Eight members for three years; Eight members for two years; Eight members for one year; 0 To vote on the following two questions: Question 1: Shall the Town of Reading approve the amendment to Article 5 of the Reading Home Rule Charter, proposed by the November 14, 2011 Subsequent Town Meeting, which is summarized below: Article 5, Town Manager Section 5 —1 Appointment. Qualifications. Term This amendment will authorize the Board of Selectmen to enter into a contract with the Town Manager for a term not exceeding three (3) years in length. Yes No Question 2: Shall the Town of Reading approve the amendment to Article 7 of the Reading Home Rule Charter, proposed by the November 14, 2011 Subsequent Town Meeting, which is summarized below: Article 7 — Finances and Fiscal Procedures Section 7 -2: Submission of Proposed Budget This amendment modifies the budget process by requiring the Town Manager to consult with the Board of Selectmen on the Municipal Government portion of the budget before submitting the budget to the Finance Committee. Yes No and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY -THIRD DAY OF APRIL A.D., 2012 at seven - thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen N ARTICLE 3 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2012 - FY 2021 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to adopt Massachusetts General Laws Chapter 32B, Section 20 which allows the Town to set up an irrevocable trust for "Other Post Employment Benefits Liabilities" or take any action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend one or more of the votes taken under Article 28 of the Warrant of the Annual Town Meeting of April 25, 2011 as amended under Article 5 of the Warrant of the Subsequent Town Meeting of November 14, 2011; and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to approve the FY 2013 — FY 2022 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to authorize the payment during Fiscal Year 2012 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto. Board of Selectmen 51 ARTICLE 10 To see if the Town will vote to authorize revolving funds for certain Town Departments under. Massachusetts General Laws, Chapter 44, Section 53E 1/2 for the fiscal year beginning July 1, 2012 with the receipts, as specified, credited to each fund, the purposes, as listed, for which each fund may be spent, the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at fiscal year end. Revolving Spending Revenue Allowed Expenditure Limits Year End Account Authority Source Expenses Balance Fees as provided for in Reading Consulting and engineering Conservation General Bylaws services for the review of $25,000 Commission Section 5.7, designs and engineering Available for Consulting Conservation Wetlands work for the protection of expenditure Fees Commission Protection wetlands. next year Legal, oversight and inspection, plan review, Building Plumbing, initial property appraisals Wiring, Gas and and appeals, Community other permits for Services general $200,000 the Oaktree, management, curb Addison - Wesley/ sidewalks and pedestrian Inspection Pearson and safety improvements, Available for Revolving Town Johnson Woods records archiving and other expenditure Fund Manager developments project related costs. next year Vaccines, materials for screening clinics and clinical supply costs, medical $25,000 Public Health Clinic Fees and equipment and supplies, Available for Clinics and Board of third party immunizations, educational expenditure Services Health reimbursements materials next year Library Library Charges for lost or Acquire Library materials to Available for Materials Director and damaged Library replace lost or damaged $15,000 expenditure Replacement Trustees materials items next year Utilities and all other Available for Mattera Cabin Recreation maintenance and operating $10,000 expenditure Operating dministrator Rental Fees ex enses next year Director of Public Works upon the recommendati on of the Sale of timber; fees Available for Town Forest for use of the Town Planning and Improvements $10,000 expenditure Town Forest Committee Forest to the Town Forest next year or take any other action with respect thereto. 5 Board of Selectmen ARTICLE 11 To see if the Town will vote to revoke its acceptance of Chapter 468 of the Acts of 1911 which extended the provisions of Civil Service for the Reading Police Department, including the Chief of Police; and further, that this revocation will not affect the Civil Service status of existing personnel in their current positions; or take any other action relating thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to accept a gift to establish the Friends of Reading Football Scholarship Fund to be administered by the Town of Reading Commissioner of Trust Funds in accordance with the wishes of the donors, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2013 - beginning July 1, 2012, or take any other action with respect thereto. Finance Committee ARTICLE 14 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 15 To see what sum the Town will raise by borrowing pursuant to G.L. Chapter 44, §7(1) or transfer from available funds, or otherwise, and appropriate for the purpose of making improvements to the Whittier Road, Tennyson Road, Tennyson Circle, Wadsworth Road and Browning Terrace area surface drains, sewers and sewerage systems, including the costs of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be spent under the direction of the Town Manager; and to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or grants to be used to defray all or any part of said sewer construction and /or reconstruction and related matters; and to see if the Town will vote to authorize the Town Manager to enter into any or all agreements as may be necessary to carry out the purposes of this Article; and to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a non - interest bearing loan from the Massachusetts Water Resources Authority, and to authorize the Treasurer - Collector, with the approval of the Board of Selectmen, to borrow pursuant to said loan, or take any other action with respect thereto. Board of Selectmen 0 ARTICLE 16 To see if the Town will vote to authorize the Board of Selectmen to grant an easement to Northern Bank and Trust for placement of an ATM machine in the Town owned parking area between Woburn Street and Haven Street in accordance with a plan titled "ATM Kiosk Easement Exhibit Plan ", dated Feb, 24, 2012 prepared by Allen & Major Associates, Inc.; and, further, to see if the Town will vote to authorize the Board of Selectmen to acquire an easement for driveway purposes between Haven Street and the parking area from Northern Bank and Trust in accordance with a plan titled "Access Easement Exhibit Plan ", dated Feb, 24, 2012 prepared by Allen & Major Associates, Inc.; or take any other action related thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to authorize the Board of Selectmen, upon approval of the Conservation Commission, to obtain a utility easement for the construction, maintenance, repair and operation of utilities over, across and upon a certain portion of land in the Town of Reading held by it for conservation purposes pursuant to a plan entitled "Belmont Street to Ivy Street Utility Easement" prepared by the Department of Public Works Engineering Division and dated March 5, 2012; and, further, to see if the Town will authorize, empower and direct the Selectmen and the Conservation Commission, to execute, acknowledge and deliver in the name and on behalf of said Town such deeds or other instruments as may be necessary or proper in connection therewith, such deeds or other instruments to be in such form and upon such terms as the Selectmen may deem proper; and, further, that the Town authorize the Selectmen and Conservation Commission to petition the General Court to adopt such legislation as may be necessary to carry out the purpose of this vote, or take any other action with respect thereto. Board of Selectmen ARTICLE 18 To see if the Town will adopt the following resolution: We, the voters at the 2012 Annual Town Meeting of the Town of Reading, affirm our belief that the First Amendment to the United States Constitution was designed to protect the free speech rights of people, not corporations. The United States Supreme Court's 2010 decision in Citizens United v. Federal Election Commission overturned longstanding precedent prohibiting corporations and unions from spending their general treasury funds in public elections. We believe that the ruling created a serious and direct threat to our democracy and the conduct of free and fair elections, by permitting corporations and others to drown out the voices of ordinary persons. Already we have seen our political process flooded with newly unleashed corporate and other money, resulting in historically unprecedented campaign expenditures. The people of the United States have previously used the Constitutional Amendment process to correct decisions of the United States Supreme Court that invade or invalidate democratic institutions, including elections. NOW, THEREFORE, BE IT RESOLVED THAT WE, THE VOTERS AT THE 2012 ANNUAL TOWN MEETING OF THE TOWN OF READING, CALL UPON THE UNITED STATES CONGRESS TO PASS AND SEND TO THE STATES FOR RATIFICATION A CONSTITUTIONAL AMENDMENT TO RESTORE THE FIRST AMENDMENT AND FAIR ELECTIONS TO THE PEOPLE, AND FURTHER, WE CALL UPON THE MASSACHUSETTS GENERAL COURT TO PASS ONE OR MORE RESOLUTIONS ASKING FOR THOSE ACTIONS. 7 The Town Clerk of the Town of Reading shall send a copy of this resolution to the state and federal representatives and senators serving the Town of Reading, and to the Governor of the Commonwealth of Massachusetts and the President of the United States, and take any other appropriate action relative thereto. Or take any other action with respect thereto By Petition John Lippitt et al ARTICLE 19 To see if the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND ", or take any other action with respect thereto. Board of Selectmen ARTICLE 20 To see if the Town will vote to add section 5.4 to the Town of Reading General Bylaw as follows 5.4 Criminal History Check Authorization 5.4.1 Fingerprint Based Criminal History checks The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section 172 B 1/2, conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: • Hawking and Peddling or other Door -to- Door Salespeople, (Police Chief) • Manager of Alcoholic Beverage License (Board of Selectmen) • Owner or Operator of Public Conveyance (Board of Selectmen) • Dealer of Second -hand Articles (Board of Selectmen) • Hackney Drivers, (Board of Selectmen) • Ice Cream Truck Vendors (Board of Health) 5.4.1.1 Notification At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security ( "EOPSS ") which has issued an Informational Bulletin which explains the requirements for town by- laws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance. 5.4.1.2 State and national criminal records background checks Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this by -law to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and /or the Federal Bureau of Investigation (FBI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint -based state and national criminal records background checks of license applicants specified in this by -law. 5.4.1.3 Authorization to conduct fingerprint -based state and national criminal record background checks The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint -based state and national criminal record background checks, including of FBI records, consistent with this by -law. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with E., such background checks, consistent with this by -law. The State and FBI criminal history will not be disseminated to unauthorized entities. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his /her criminal history record from the Police Department. Should the record subject seek to amend or correct his /her record, he /she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the record are set forth in Title 28 CFR 16.34. The Police Department shall not utilize and /or transmit the results of the fingerprint -based criminal record background check to any licensing authority pursuant to this by -law until it has taken the steps detailed in this paragraph. 5.4.1.4 Municipal officials should not deny an applicant the license based on information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. The Police Department shall communicate the results of fingerprint -based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex - related offense. 5.4.1.5 Regulations The Board of Selectmen, is authorized to promulgate regulations for the implementation of the proposed by -law, but in doing so it is recommended that they consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI's requirements for access to the national database, and other applicable state laws. 5.4.2 Use of Criminal Record by Licensing Authorities Licensing authorities of the Town shall utilize the results of fingerprint -based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this by -law. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint -based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this by -law. 5.4.3 Fees The fee charged by the Police Department for the purpose of conducting fingerprint -based criminal record background checks shall be determined by the Board of Selectmen and shall not exceed one hundred dollars ($100). The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B 1/2, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. 5.4.4 Effective Date This by -law shall take effect May 4, 2012, so long as the requirements if G.L. c. 40 sec. 32 are satisfied. Or take any other action with respect thereto Board of Selectmen 9 ARTICLE 21 To see if the Town will vote to Amend Section 7.2 of the Town of Reading General Bylaw by inserting the following new language as Section 7.2.3.8: 7.2.3.8 Appeal The owner of record may appeal from either or both of the: Inclusion on the list of Potentially Significant Structures Conditions of demolition delay by filing a written notice of appeal within fourteen (14) days of the date of said decision, with both the Chairman of the Historical Commission and the Chairman of the Board of Selectmen. Within twenty -one (21) days of receipt of the notice of appeal, the Board of Selectman shall convene an appeal hearing which shall include the Historical Commission and the owner of record, (or their attorney, or other designated representative) for the purpose of adjudicating the appeal. The appeal shall review the record of the proceedings before the Historical Commission and input provided by the applicant and HisCom representatives. Notice of the hearing shall be given to the parties and to abutters within 300 feet of the property. Within fourteen (14) days of the conclusion of the hearing, the Board of Selectmen will render a decision on the appeal. or take any other action with respect thereto. By Petition Erin Calvo -Bacci et al ARTICLE 22 To see if the Town will vote to authorize the Board of Selectmen to petition the Great and General Court for a Special Act which will amend sections of Article 2 of the Reading Home Rule Charter as follows (note — GFOSS through represents language to be eliminated and bold represents new language): Section 2 -1: Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ^i^°,,,T, ty t O 4-9� forty four (144) members from eight (8) precincts who shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the Town. Each precinct shall be equally represented in Town Meetings by members so elected that the term of office of one -third of the members shall expire each year. Any increase or reduction in the number of members of Town Meeting shall be phased in equally over a three year period Section 2 -3: Town Meeting Membership The registered voters in every precinct shall elect Town Meeting Members in accordance with all applicable election laws. Whenever any precincts are revised, the registered voters shall elect +WeRty -f^ Ur (24) eighteen (18) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) six (6) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) six (6) receiving the next highest number of votes shall serve for two (2) years, and the next eight (8) six (6) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. In the event of a tie, ballot position shall determine the order of finish. At each Annual Election thereafter, the registered voters in each precinct shall elect eight (8) six (6) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant terms. ID] After the revision of precincts, the term of office of all Town Meeting Members from the revised precincts shall cease upon the election of their successors. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election by mail. To be qualified for election on a write -in vote for a vacant Town Meeting position, the write -in candidate must receive at least ten (10) write -in votes. In the event of a tie write -in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining Town Meeting Members of the precinct, from the write -in candidates whose write -in votes were tied with at least ten (10) write -in votes. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at least seven (7) days in advance and shall publish legal notice in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the entire remainder of the term. Or take any other action with respect thereto Board of Selectmen ARTICLE 23 To see if the Town will vote, pursuant to Section 2 -6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto: Precinct 1 None Precinct 2 None Precinct 3 None Precinct 4 None Precinct 5 None Precinct 6 None Precinct 7 None Precinct 8 None 11 Board of Selectmen and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to April 23 , 2012, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this ZZh day of February 2012. Alan Ulrich, Constable 12 Qa a— ille . Anthony', dSiaifman phen A`"Goldy, Vice Chairman Richard W. Schubert James Bonazoli SELECTMEN OF READING