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HomeMy WebLinkAbout2011-11-21 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING ' Reading Memorial High School November 21, 2011 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:46 PM, there being a quorum present. Meeting started with the Pledge of Allegiance to the Flag. ARTICLE 23: Camille Anthony , Board of Selectmen moved that the Town vote to amend the Town of Reading General Bylaw by adding a new section as follows: 8.10 Maintenance of Vacant Buildlnas and Land All vacant structures and vacant land within the Town of Reading shall be maintained in a safe, secure and clean condition so as not to compromise the health, safety and general welfare of the community. James Bonazoli , Board of Selectmen moved to dispense with the further reading of the motion Motion to Dispense Carried 8.10.1 Definitions: For purposes of this bylaw the following definitions shall apply: 8.10.1.1 Building A structure enclosed within exterior walls or firewalls, built, erected, or framed of any materials, and fixed to the ground, having a roof, to form a structure for the shelter of persons, animals or property, or the storage of commercial or industrial personal property. 8.10.1.2 Owner A person, entity, service company, property, manager or real estate broker, who alone or severally with others: • has legal or equitable title to any building, structure or parcel of land, vacant or otherwise; or • has care, charge or control of any building or structure, parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or • is a mortgagee in possession of any such property; or • is an agent trustee or other person appointed by the courts and vested with possession or control; or • is an officer or trustee of the association of unit owners of a condominium; each such person being bound to comply with the provisions of these minimum standards as if he were the owner; or • is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated a foreclosure process. 8.10.1.3 Vacant Buildings or property that are unoccupied for a period greater than one hundred eighty (180) days by a person or persons with legal right to occupancy thereof. L 8.10.2 Minimum Maintenance Requirements Owners of vacant properties must fulfill the following minimum adequate maintenance requirements for any such property they own: 2011 Subsequent Town Meeting Maintain vacant properties in accordance with all applicable local and state Sanitary Codes, , Building Codes and Fire Codes. Secure vacant properties to prevent unauthorized entry and exposure to the elements. Maintain vacant properties in a manner that ensures their externativisible maintenance, including but not limited to the maintenance of major systems, the removal of trash and debris, and the upkeep of lawns, shrubbery, and other landscape features. Remove graffiti, carvings or markings from all structures, signs, walls and fences. Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days. For properties vacant for six months or more, the utilities for which have been shut off, remove or cut and cap such utilities to prevent accidents. Maintain free from the storage of any junked, wrecked, or abandoned vehicles. Compliance with this section shall not relieve the owner of any applicable obligations set forth in any other codes, regulations, covenant conditions or restrictions, and /or homeowner or condominium association rules and regulations. 6.10.3 Notice of Failure to Maintain Property Upon identifying a property as failing to meet the minimum maintenance requirements set out in section 8.10.2, the Building Inspector may notify the owner in writing at the owners last known address of maintenance deficiencies. If any maintenance deficiency is not corrected within 30 days of said notice, or If a maintenance plan is not approved by the Building Department within 30 days of said notice, the Town may impose a penalty in accordance with the provisions of this bylaw. . 8.10.4 Inspections , The Building Department the Board of Health, the Chief of the Police Department and the Chief of the Fire Department, or their designees, shall have the authority to periodically inspect any property reasonably understood to be a vacant property for compliance. The Building Department shall have the discretion to determine when and how such inspections are to be made, provided that the time and manner of such inspections are reasonably calculated to ensure that this bylaw is enforced. 8.10.5 Penalties Violations of this bylaw, including violations of any regulation promulgated hereunder, or failure to comply with a maintenance plan approved by the Building Department, shall be punishable by a fine Of one hundred dollars ($100.00) for mob day during which the violation continues. In addition to any other means of enforcement, the provisions of this bylaw may be enforced by non- criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21D. For the purposes of such noncriminal disposition, the 'enforcing person" shall mean the Building Inspector, the Health Director, the Police Department, the Fire Department, or their designee. 8.10.6 Enforcement The Building Department or its designee, the Board of Health, Fire Department and /or the Police Department or their designees(s) shall enforce all provisions of this bylaw; including any regulation promulgated hereunder, and shall institute all necessary administrative or legal action to assure compliance. 8.10.7 Unsafe Buildings If the Building Inspector determines the building to be unsafe, he may act immediately in accordance with the State Building Code to protect public safety. Furthermore, nothing in this , bylaw shall abrogate the powers and /or duties of municipal officials to act pursuant to any general 2011 Subsequent Town Meeting ' statutory authority including, without limitation, M.G.L. c.139, §1 at Be,, and M.G.L. c.143, §8 at seq. or take any other action with respect thereto. Background: The Town is faced with a significant number of sometimes very visible incidences of inadequately maintained property, in some cases related to the poor economy and foreclosures. There is currently no legal authority or ability of the Town to require appropriate maintenance of property under Town bylaws or state statute. Increasingly communities are turning to property maintenance bylaws or ordinances to address this concern. The Town receives a growing number of complaints from other property owners about the condition of some of these properties, and it is frustrating to Town employees and residents when the Town cannot take any action to remedy these situations. The 'minimum maintenance requirements" as detailed in section 8.10.2 are not onerous and are the minimum levels of property maintenance that any abutting property owner would expect of the maintenance of their neighbor's property. Presentation given by: ♦ Peter Hechenbleikner— See Attached Board of Selectmen Report — given by Camille Anthony: The previous presentation shows a number of situations in Reading where lack of property maintenance has a blighting influence on neighboring communities and abutters. The Board of Assessor's recently had an Appellate Tax Board case where the board upheld an abutter's complaint that abandoned and poorly kept property had a negative effect on ' property values. The proposed bylaw is simple to understand and relatively simple to enforce. It establishes a minimum level of upkeep of property that anyone in this community would expect of neighboring property. Without this bylaw the Town has no tools to require property owners of vacant property to meet even minimum expected standards of maintenance. Finance Committee Report: No report Bylaw Committee Report — given by Philip Pacino: The Bylaw Committee concurs with the intent of this Article to deal with inadequately maintained properties. After review, we further concur that the Article would not impose an undue burden on property owners to meet "minimum maintenance requirements". The Bylaw Committee recommends this Article by a vote of 3 -M. Motion to amend made by Bill Brown, Precinct 8 as follows: Change 8.10.2 From • Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days. TO • Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days, except Building under Demo Delay order. e Motion to Amend Did Not Carry Motion to amend made by Fred Van Magness, Precinct 8 as follows: 2011 Subsequent Town Meeting Change 8.10.2 , From • Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for no longer than thirty (30) days. To • Repair or replace broken windows or doors within thirty (30) days. Boarding up any doors or windows is prohibited except as a temporary measure for rw longer than thirty (30) days, untess an extension is approved by the Building Inspector. Motion to Amend Carried After discussion by Town Meeting Members Motion Carried as Amended ARTICLE 24: William Hecht, Conservation Commission moved that the Town vote to amend Section 7.1 of the Town of Reading General Bylaw as follows(note - cress - through represents language to be eliminated and bold represents new language, and all section numbers are in accord with the proposed recodified General Bylaw): Stephen Goldy, Board of Selectmen moved to dispense with the further reading of the motion Motion to Dispense Carried Detete the last sentence of the second paragraph of Section 71.4 and substitute therefore "The critical wetland - related terms used in this bylaw and regulations adopted pursuant hereto ' shall be defined In regulations promulgated under this bylaw- and deiete Sections 7.1.4.1 through 7.1.4.11, so that Section 7.1.4 reads as follows The same Notice of Intent, plans and specifications required to be filed by an applicant under M.G.L. Chapter 131, Section 40 will be accepted as fulfilling the applicable requirements of this bylaw. The Conservation Commission may adopt and impose project review changes in accordance with regulations adopted pursuant hereto. Town projects are exempt from review fees under Section 7.1.14. All hearings and public meetings held under M.G.L. Chapter 131, Section 40 when it applies, and under this bylaw shall be held simultaneously, whenever possible. Definitions, time frames and procedures, not inconsistent with this bylaw or the regulations adopted pursuant hereto, set forth in said Section 40, and in the regulations promulgated by the Department of Environmental Protection, as the same may from time to time be amended, are hereby made a part of this bylaw. The critical wetland - related terms used in this bylaw and regulations adopted pursuant hereto shall be defined in regulations promulgated under this bylaw water. impact by @Ry activity, any area subje ;t to proteGfinn under th a bylaw,. 7 1.4.2 -Alter 2011 Subsequent Town Meeting And amend section 7.1.16 as follows 7.1.16 Violations No person shall remove, fill, dredge or after any area subject to protection under the provisions of this bylaw without the required authorization, or cause, suffer or allow such activity , or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued pursuant to the provisions of this bylaw. Each day such violation continues shall constitute a separate offense except that any person who fails to remove unauthorized'fill or otherwise fails to restore illegally altered land to its original condition after giving given written notification of said violation to by the Conservation Commission shall not be subject to additional penalties under this bylaw, unless said person thereafter fails to comply with an enforcement order or order of conditions. or take any other action with ith respect thereto Background: In the Winter of 2011; as part of a comprehensive review of financial and administrative . and operational changes needed to address the gloomy financial outlook for the Town, the Town Manager proposed the elimination of the local wetland bylaw in order to simplify that area of Town 2011 Subsequent Town Meeting government for staff, customers, and the Conservation Commission. The Conservation Commission ' asked that this matter be postponed in order to give the Conservation Commission time to conduct a comprehensive review of the local Wetland Bylaw, and the Welland Regulations. During the spring and summer of 2011 the Conservation Commission's subcommittee conducted this evaluation and submitted a report to the Board of Selectmen proposing modest revisions to the Bylaw and more extensive revisions to the Regulations. The Conservation Commission's proposed Bylaw revisions are included in this article. The amendments to the Rules and Regulations are subject to a revision process by the Commission this fall and winter. In Section 7.1.5 of the Bylaw, a lengthy list of definitions of wetland - related terms could is presented. These definitions are also in the Wetland Regulations which have been developed under the mandate in the bylaws. One of the Conservation Commission goals is to make the Reading "Wetland Bylaws consistent with the State regulations unless there is a specific and good reason for inconsistency. The State revises their definitions periodically based on new scientific information, review of cases, changes in the state program and similar reasons. By locking definitions into the bylaws when the State makes a change in definitions, an inconsistency can be created. It is preferable to the Conservation Commission and several wetland permit applicants that these terms be defined in the Regulations only, so that if a change is necessary based on State changes, new science or technology, or other reasons, the Conservation Commission can facilitate changes in the Regulations, in a simpler, more straightforward, and more technically based process than going before Town Meeting for a bylaw change. Thus, Conservation Commission proposes to delete the last sentence of the first paragraph in Section 7.1.5 and the entire list of definitions and have the definitions only in the Welland Regulations. The Conservation Commission is currently revising several of the definition in response to stakeholder input and to make them more consistent with the state definitions. The other recommended bylaw change is much simpler. In Section 5.7.17, there is an apparent typo in , the seventh line: '..after given (sic giving) written notification...'. The Conservation Commission proposes to correct this typo by substituting the word giving for given. Presentation . given by: • James Maughan — See Attached • John Arena — See Attached - Board of Selectmen Report: No report Finance Committee Report: No report Bylaw Committee Report: - given by Philip Pacino: The Bylaw Committee commends the work done by the Welland Regulations Ad Hoc Committee. The Bylaw Committee agrees with the intent that adoption of this Article will achieve the Conservation Committee goal to make the Town Welland Bylaw consistent with the State Regulations. The Bylaw Committee recommends this Article by a vote of 5-0-0. Motion made by John Arena, Precinct 1 to indefinitely postpone Motion to Indefinitely Postpone Did Not Carry After discussion by Town Meeting Members Motion Carried ARTICLE 25: Marsie West Finance.CommIdee moved that the Town vote to amend the Town of , Reading General Bylaw, in the following respects (note — Grass- thmugh represents language to be eliminated and bold represents new language, and all section numbers are in accord with the proposed moodified General Bylaw): 2011 Subsequent Town Meeting by amending Section 2.1.1 Date of Annual Town Meeting, as follows: Camille Anthony, Board of Selectmen moved to dispense with the further reading of the motion Motion to Dispense Carried The Annual Town Meeting shall be held on the third Tuesday preceding the fourth Monday in April of each year for the election of Town Offcem and for such other matters as required by law to be detennipedby ballot Notwithstanding the foregoing, n any yeaF in whish the PF961d9AVal be - elected; the Board of Selectmen may schedule the commencement of the Annual Town Meeting for the same date designated as the date to hold •;g President t a! Pm^rr any Federal or State election, or take any other action with respect thereto. Background: This amendment allows additional flexibility for the Board of Selectmen to schedule a local election concurrently with 'a Federal or State election. This provides the option to save some election expenses while also increasing local turnout when the election can be scheduled on the same date. Presentation given by: ♦ Marsie West —See Attached Board of Selectmen Report: No report Finance Committee Report — given by Marsie West: The Finance Committee voted in favor of submitting this Article by vote of 7 -0 -1 at their meeting on September 14, 2011. Bylaw Committee Report —given by Philip Pacino: The Bylaw Committee agrees that the flexibility set e forth in this Article with regard to scheduling of the election dates should save the Town funds. The Bylaw Committee sets forth that the Article is worded properly. The Bylaw Committee recommends this Article by a vote of 3 -M. After discussion by Town Meeting Members Motion Carried Motion made by Marcie West, Board of Selectmen to take Article 30 Out of Order Motion to Take Out of Order Carried ARTICLE 30: Marsle West; Board of Selectmen moved that the Town vote pursuant to Section 8-1 of the Reading Home Rule Charter to amend Section 2 -12, Establishment of Standing Committees, the third paragraph under Finance Committee, as follows (new language in bold): The Finance Committee shall have all the powers and duties granted to Finance Committees under the laws of the Commonwealth, Town bylaws, Town Meeting vote and other applicable lam. In addition to these powers, the Finance Committee shall have the power to investigate the books, accounts, records and management of any office, (ward or committee in Town, and may use agents in carrying out such investigations. The - Finance Committee shall report on its deliberations, findings, approval or disapproval on all Articles that Involve the expenditure of funds in the Warrant in writing at least seven (7) days before Town Meeting. Such a report shall not preclude further action or reconsideration by the Finance Committee, or take any other action in respect thereto. 2011 Subsequent Town Meeting Background: Currently the charter does not allow the Finance Committee to provide a report in the ' Warrant without first taking a vote to approve or disapprove the article. Occasionally, all financial details are not available at the time that the article is initially discussed and it is Impossible to provide approval or disapproval without these key details. The Finance Committee would like to report to Town Meeting as to their deliberations and discussion related to the article but does not wish to vote against an article purely due to the lack of details, as this may be misleading to Town Meeting. This change will allow Finance Committee to report on article discussions in the Warrant without voting to approve or disapprove an amendment when additional details are pending. Presentation given by: ♦ Mamie West —See Attached Board of Selectmen Report: No report Finance Committee Report — given by Marcie West The Finance Committee voted in favor of submitting this Article by a vote of 7 -0-1 at their meeting on September 14, 2011. Bylaw Committee Report— given by Philip Pacino: The Bylaw Committee feels this Article is formally putting in place the current practice of reporting to Town Meeting by the Finance Committee. The Bylaw Committee recommends this Article by a vote of 5-0-0. _ After discussion by Town Meeting Members 213 Vote required , 38 Voted in the affirmative 66 Voted in the negative 116 Town Meeting Members in Attendance otion Did Not Car ARTICLE 26: Marcie West, Finance Committee moved that the Town vote to amend the Town of Reading General Bylaw, in the following respects (note — Gross through represents language to be eliminated and bold represents new language, and all section numbers are in accord with the proposed recodified General Bylaw): _ by amending Section 2.2 Conduct of Town Meetings, as follows: Camille Anthony, Board of Selectmen moved to dispense with the further reading of the motion Motion to Dispense Carried - Rule 3 Prior to debate on each Article in a Warrant involving the expenditure of money, the Finance Committee shall advise the Town Meeting as to its deliberations, findings or recommendations and the, reasons therefore; by amending Section 3.3.2, Finance Committee, as follows: 3.3.2.1 Duties The Finance Committee shall consider all matters of business included within the Articles of any Warrant' which involve the expenditure, appropriation and raising or borrowing of money or which otherwise impact the town finances; 2011 Subsequent Town Meeting 3.3.2.2 — Recammeudatiens Report to Town Meetin The Finance Committee shall make a written resammeedation report on all Articles that it has considered, and the Town Clerk shall make said written recommendations report ava lAble to each Tay on MAPfing MAmber at least seven (7) days Prior ta the first adjourn -ent 9f the wwal-T�,,sayan (T) 'lays PFIQF to the 6eGQRd Menday in Ala,.MhAF and four (4) days prior to MAY SP8GiaI:PGWRV8eUA9 as part of the "Report on the Warrant" available to each Town Meeting Member. The said^ apprepriatiGns; recommended by it on the eat % Wamam-���� resemmendaNens. When sufficient information has been provided to take a vote, the recommendations should be those of a majority of the entire Committee. However, recommendations may also be made by a minority of said Committee in addition to the majority. The Committee's recommendation shall Include the total amount of appropriations that it recommends on each article within the Warrant by inserting the following new section: 3.3.2.3 Form of Report The Finance Committee in making its report upon any subject referred to it shall arrange the report in clear and compact form, and shall divide it into separate propositions whenever in its judgment such divisions may be desirable. The Committee shall attach to each proposition its own recommendations or a summary of deliberations, when applicable. and by renumbering the current Sections 3.3.2.3 and 3.3.2.4, as 3.3.2.4 and 3.3.2.5, or take any action with respect thereto. CBackground: Currently the bylaws require that the Finance Committee takes a vote to approve or disapprove an article in order to provide a report to Town Meeting. Occasionally, all financial details are not available at the time that the article is initially discussed and it is impossible to provide approval or disapproval without these key details. The Finance Committee would like to report to Town Meeting as to their deliberations and discussion related to the article but does not wish ' to vote against an article purely due to the lack of details as this may be misleading to Town Meeting. This change will allow Finance Committee to report on article discussions in the Warrant without voting to approve or disapprove an amendment when additional details are pending.. This article also amends the bylaws to reflect the current reporting practices of detailing the expenditures for each Warrant article individually. After the Warrant was closed, subsequent discussions with Town Counsel Identified a paragraph (noted below) that was in conflict with the current charter. Additionally, the committee removed a proposed new section related to Lack of Finance Committee Report since the goal of this article is to provide additional background to Town Meeting rather than limit reporting. FINCOM planned to add the paragraph below to this bylaw in section 3.3.2.2. However, Town Counsel ruled that this was in conflict with the current Charter. FINCOM plans to move to amend the bylaw at the Spring Town Meeting if.fhe Charter changes proposed at this Town Meeting are approved and voted. Additional language removed: When in the opinion of the Committee there is insufficient information for a vote to be taken on an Article, the Committee shall instead provide a written report in the Report on the Warrant summarizing their deliberations on the Article. The Committee may vote their recommendation on the Article when such information becomes available and provide a verbal report at Town Meeting. 2011 Subsequent Town Meeting Presentation given by: ♦ Mamie West —See Attached Board of Selectmen Report: No report Finance Committee Report — given by Marcie West: The Finance Committee voted in favor of submitting this Article by a vote of 7-0-1 at their meeting on September 14, 2011. The Finance Committee discussed the updated article and voted to recommend the revised version (striking paragraph 3.3.2.4) by a vote of 7 -0-0 at their meeting on October 19, 2011. Bylaw Committee Report — given by Philip Pacino: The Bylaw Committee feels this Article is formally putting . in place the current practice of reporting to Town Meeting by the Finance Committee. The Bylaw Committee recommends this Article by a vote of 5 -0-0. After discussion by Town Meeting Members Motion Did Not Cam ARTICLE 28: James Bor izoli, Board of Selectmen moved that the Town vote, pursuant to Section 8 -1 of the Reading Home Rule Charter, to amend Article 5, Town Manager, Section 5-1: Appointment, Qualifications, Tenn, so that it reads as follows (language with-sHikethnaug"liows deletions, words in bold denotes new language) 1 The Board of Selectmen shall appoint a Town Manager witheat-tena and may enter Into a contract with the Town Manager not exceeding three (3) years M length, and shall fix his compensation within the amount annually appropriated for that purpose. The Town Manager shall not be subject to a personnel ' bylaw, if any. The Town Manager shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract - agreement setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters (excluding tenure) as are customarily included in an employment contract agmemenE. While serving as Town Manager he shall devote full time to the office (and except as expressly authorized by the Board of Selectmen) shall not engage in any other business or occupation and (except as expressly provided in the Charter) shall not hold any other public office, elective or appointive, in the Town. With the approval of the Selectmen, he may serve as the Town's representative to regional boards, commissions and the like but shall not receive additional salary from the Town for such services. or take any other action with respect thereto. Background: The Reading Home Rule Charter does not currently permit the Board of Selectmen to enter into an employment contract with the Town Manager, The Incumbent Town Manager, who is the first person to serve as Town Manager under the Charter, has an employment agreement with the Town which specifies the conditions of his employment, but the employment agreement does not specify the tenure or tern of employment. This provision in Reading's Charter is unique in Massachusetts, and Is highly unusual in the profession. Most senior management personnel in organizations including Towns have a contract which includes the ' term of the employment In Reading, for example, the Superintendent of Schools has a 3 year employment contract, and the General Manager of the Reading Municipal Light Department has a 1 year contract that also renews automatically for a one year period unless the Board gives notice not to renew. 2011 Subsequent Town Meeting While this has not been an issue with the incumbent Town Manager, the lack of the ability to enter into an employment contract with a specific term may hinder recruitment efforts when the incumbent Town Manager refires. The proposed Charter amendment would permit the Board of Selectmen to enter into an employment contract of up to 3 years, which is standard practice in the profession. This Charter amendment would not affect the current Town Manager— he is not seeking an employment contract with the Town. Presentation given by: ♦ Peter Hechenbleikner— See Attached Board of Selectmen Report — given by James Bonazoli: The Board of Selectmen recommends this. Article. There is no intent to apply this to the current Town Manager, but having permissive language allowing a contract up to 3 years may be essential to attracting the best talent to Reading when our current Town Manager retires. Employment contracts are standard in this and similar professions including our own Superintendent of Schools and RMLD General Manager. Finance Committee Report: No report .Bylaw Committee Report - given by Philip Pacino: The Bylaw Committee agrees with the intent of this Article and states it is worded properly. The Bylaw Committee recommends this Article by a vote of 3-0 -0. After discussion by Town Meeting Members 213 Vote required ' 101 Voted in the affirmative 0 Voted in the negative 116 Town Meeting Members in Attendance Motion Carried . ARTICLE 28: Camille Anthony, Board of Selectmen moved that the Town vote, pursuant to Section 8-1 of the Reading Home Rule Charter, to amend Article 7, Finances and Fiscal Procedures, Section 7 -2: Submission of Proposed Budget,. paragraph 1, so that it reads as follows: (language with skikegKeugh shows deletion, language in bold denotes new language) Moved to dispense with the further reading of the motion Motion to Dispense Carried At least four (4) months before the start of the fiscal year, and following consultation with the Board of Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with '.an.accompanymg budget message and supporting documents. He shall simultaneously provide for the publication in a local newspaper of a general summary of the proposed budget; and a notice stating the times and places where complete: copies of his proposed budget shall be available for examination by the public, or take any other action with respect thereto. Background: The Reading Home Rule Charter does not currently contain language that outlines any role for the Board of Selectmen in the budget process. Over the 25 years since the Charter went into effect, a ' budget process has evolved whereby the Town Manager, who is responsible for the development and submission of the entire Town Budget, consults with the Board of Selecbnen on the municipal portions of the budget prior to finalizing and submitting the budget to the Finance Committee. This Charter amendment memorializes that process. 2011 Subsequent Town Meeting Presentation given by: ' ♦ Peter Hechenbleikner— See Attached Board of Selectmen Report — given by Camille Anthony: The Charter currently has no role for the Board of Selectmen in the budget process, although practice as it has evolved over the past 25 years has carved out a role for the Board of Selectmen. This Charter amendment merely recognizes that the Board of Selectmen has a role, but it retains the essential Charter intent that the Budget as it is developed and presented to the Finance Committee is the Town Manager's budget Finance Committee Report — given by Marcie West: This Article formalizes a process that is in general practice. It is a prudent policy to include a formal role for our elected officials in the Charter related to the creation of the annual budget The Finance Committee voted in favor of this Article by a vote of 6 -0-1 at the meeting on October 19, 2011. Bylaw Committee Report — given by Philip Pacino: The Bylaw Committee agrees with the intent of this Article and states It is worded property. The Bylaw Committee recommends this Article by a vote of 3-0-0. After discussion by Town Meeting Members 2/3 Vote required Declared unanimous by Moderator 116 Town Meeting Members in Attendance Motion Carried ARTICLE 31: John Arena, Precinct 1 moved that the Town vote, pursuant to Section B-1 of the Reading ' Home Rule Charter, to amend Section 2 -15: Referendum Procedures, subsection (b) Form of Referendum Petition/Ballot question, so that it reads as follows: (language with strikethsough shows deletions, words in bold denotes new language.) No final affirmative vote of a Town Meeting on any Warrant ArticAe shall be operative until after the expiration of seven (7) days following the dissolution of the Town Meeting except the following: (a) a vote to adjourn or dissolve, (b) votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year, (c) votes for the temporary borrowing of money in anticipation of revenue, or (d) a vote declared by preamble by a two -thirds vote of Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed within the said seven (7) days the votes of the Town Meeting shall then become operative. In computing time for the 7 -day Interval above, only days when the Town Hall is open for business shall be counted. Moved to dispense with the further reading of the motion Motion to Dispense Carried (s) Referendum Petition — If, within said seven (7) days, a referendum petition signed by not less than three (3) percent of the voters certified by the Registrars of Voters containing their names and apdresses is filed with the Board of Selectmen requesting that any question affirmative vote of Town Meeting be submitted to the voters in the form of a ballot question, such ballot question to be in the form required in (b) herein, to the voters, then the operation of the Town Meeting vote shall be further suspended pending its determination as provided below. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election that shall be held within thirty (30) days or such longer , period as may be required by law after issuing the call, for the purpose of presenting to the voters any such ballot question. 2011 Subsequent Town Meeang ' If, however, a regular or Special Election is to be held not more than sixty (50) days following the date the referendum petition is filed, the Board of Selectmen may provide that any such ballot question be presented to the voters at that Election. (b) Fovn of Referendum Pelftion/Saliot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: - "Shall the Town vote to approve the action of the representative Town Meeting whereby it was voted on (insert date of town meeting) to (insert complete language of the vote in the same forth in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting) "? The form of the referendum petition shall in conformance with this section. The circulator(s) of referendum petition may make additional copies of the petition form, but such copies must be an exact duplicate thereof. Petition forms must be exact duplicates for the signatures to be certified and count toward the three percent of registered voters. The petition form may not be altered in any way. Atteratfons of the petition form will result in the invalidation of all signatures contained on that petition form. - No extraneous markings, such defined as underlines, highlighting, erasures, marking out or insertion of words, or alteration of the wording or emphasis of the petition question or Informational language are allowed. petition . Extraneous marks that may result in the invalidation of all signatures contained on that petition form are limited to marks that will fundamentally change the substance, wording or emphasis of the petition or the ability of the Board of Registrars of Voters to verify information on that petition form. My -milah Pxtraneeus ,,in m8ull 1R vie IRVeldal IR 01 W1 signatures GG11121ped on that petition . Extraneous markings do not include signatures or addresses. Each petition form shall include language informing voters that additional markings will disqualify the signatures on the petition form; that for their signature to be valid, they must be a registered voter of the Town of Reading; that their signature shall be wdtten'as they are registered; that they should not sign the petition more than once; and that if they are prevented by physical disability from writing, that they may authorize some person to write their name and residence in their presence. The back of each petition form where signature lines appear, shall include the following instruction: 'ATTENTION VOTERS: Before signing, read signer information on the other side ". The Town Clerk shalt upon request produce suitable Town referendum petition/ballot question forms, compliant with section to requirements and prepared with the ballot question language as appears in the records of the Clerk of the meeting. At the requester's option; the Clerk shall within 4 business hours following . the original request make 5 paper copies available for pickup at the Town Clerk's service window, or shall send an email containing an attachment of the referendum petition in a suitable format A referendum petition produced by the Town Clerk shall be deemed compliant with section (b) form conformance requirements in later examinations. In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. _ Backaroundi The Reading Home Rule Charter requires that referendum petitions submitted be free of 'extraneous marks', be identical in appearance, be produced with specific marking, language and construction, and be returned within 7 business days following dissolution of Town Meeting, otherwise the petition and/ or its signatures are considered invalid. ' The sponsors of this article support compliant, clear and timely petitions. To avoid petition and petitioner disqualification from potential differences in document appearance and marking, and to clarify the interpretation of dates, the sponsors of this article propose a set of clarifications. 2011 Subsequent Town Meeting This article will strengthen existing referendum petition conduct by minimizing undesirable or unintentional ' sources of error, simplify the process of citizens obtaining a proper petition, and amend the section language to bring Town petition practices more aligned with State practices. Presentation given by: ♦ John Arena - See Attached Board of Selectmen Report - given by Stephen Goldy: The Board of Selectmen is opposed to the Charter amendment regarding referenda. The Board feels that the previous amendments are adequate and appropriate to address the issues that surfaced in the last referendum on Town Meeting action. The Board is concerned that the changes proposed, although addressed partially in the modifications reflected In the motion, are unnecessary and could lead to litigation, particularly with regard to the language intended to further define 'extraneous markings'. Currently the Town will rely on definitions for such matters as are embodied in state statute and case law. Finance Committee Report: No report Bylaw Committee Report: - given by Philip Pacino: The Bylaw Committee feels the adoption of this Article will make the referendum procedures stronger and thus it will be clearer and easier to follow the requirements. The Bylaw Committee recommends this Article by a vote of 3 -M. After discussion by Town Meeting Members 213 Vote required 57 Voted in the affirmative 39 Voted in the negative , 116 Town Meeting Members in Attendance Motion Did Not Cam ARTICLE 32: David Mancuso, Precinct 4 moved that the Town vote pursuant to Section 8-1 of the Reading Home Rule Charter to amend Article 8, General Provisions, by inserting the following new section: Section 8 -16: Term Limits of Appointed Boards. Committees and Commissions No volunteer member of an appointed board, committee or commission shall serve more than three (3) consecutive three (3) year terms on any individual board, committee or commission: The Chairmanship of alt boards, committees and commissions shall rotate among the membership on an annual basis with no person serving two consecutive, one year terns as Chairperson or more than three years as Chairperson throughout their term of service on that specific board, committee or commission; and by renumbering the - current Sections B -16 as Section 8 -17; or take any other action in respect thereto. Background: Curently . there are not consistent term limits for Reading volunteer Boards, Committees and Commissions. Some organizations have term limits defined but many do not have any direction regarding the length of time an individual may serve. It is in the best interest of the town to have dynamic, vibrant organizations made up of individuals with an interest in serving the community and a passion for their area of interest At the same time, it Is beneficial to the town for these groups to periodically refresh membership to experience new ideas and revitalize the mission of the organization. Rotating chair responsibilities ensures that each Board, Committee or Commission can accommodate changes over time. There is ooncem that there will not be enough volunteers if current long standing members are not ' atbwed to continue on their Committees indefinitely. Today it can be a challenge to serve on certain Committees due to lack of membership turnover. This can be discouraging for volunteers and may 2011 Subsequent Town Meeting serve to dissuade them from seeking alternative appointments. If Board members are aware that there is a limit to their service for an organization they are passionate about, they will recruit individuals with similar interest to replace them over time. Boards, Committees or Commissions that are not fully staffed and show a recurring lack of interest should be assessed periodically to see if their mission is. still critical to town operations. There may be an opportunity to change the mission of the group or to consolidate responsibilities with other organizations that retain ongoing volunteer interest Presentation given by: ♦ David Mancuso —See Attached Board of Selectmen Report — given by Ben Tafoya: The Board of Selectmen is opposed to this Charter amendment. As the appointing authority for many of the Boards, Committees, and Commissions that would be affected by this Charter amendment, the Board is only too aware of the difficulty in getting an adequate number of people to serve'on the many Boards Committees and Commissions. The proponents suggest that perhaps the Town needs to eliminate some of the 30 volunteers BCC appointed by the Board of Selectmen. • Many of these are required by statute— Planning Commission, ZBA, Board of Health, etc.; • others are required by Charter — Commissioners of Trust Funds, Town Forest Committee, etc.; • still others have been created by this body —Audit Committee, Celebration Committee. • That leaves a very few (actually 4) 'discretionary' Boards, Committees, and Commissions — Economic Development Committee, Advisory Committee on Cities for Climate Change, Human Relations Advisory Committee, and the Trails Committee. As the appointing authority for most of the BCC, the Board of Selectmen seldom does not find an appointment for .anyone who wants to volunteer, and the Board of Selectmen often has to recruit ' residents to fill vacant positions. Al any one time, in spite of best efforts to advertise and recruit to fill vacancies, there are a number of vacant positions on the various BCC. Finally, as to the requirement to rotate the Chairmanship, the Board of Selectmen encourages this and models this behavior. However the fact of the matter is that not every member of every BCC wants to chair meetings. They may be :very good members, but not want to chair. That should be ok, if they are a contributing member of the BCC in every other way. Finance Commfttee Report:. No report Bylaw Committee Report —given by Philip Pacino: Town of Reading Board and Committees are staffed by volunteers who dedicate their time and energies to making the Committee process work. Boards and Committees am the backbone of our local government Appointed Committee members are subject to reappointment every three years or less. At present there are 31 members of appointed Committees who have served more than g years, which would exceed the tens limit set forth If this Article is adopted.. These 31 members bring a great deal of experience and expertise to their service. on Committees. Many of these members are in leadership positions. In many cases, . newer members of appointed Committees look to these members for guidance. The Bylaw. Committee feels that if term limits were adopted many of these mom experienced members could choose to end their service to the Town, - - The petitioners state that the intent of the Article is to foster greater volunteedsm to the appointed Boards and Committees. The Bylaw Committee does not agree that the intent of the petitioners will be achieved by adopting this Article. There am a great many more work and family pressures on individuals today. Volunteerism is down across many spectrums in this State and country. The Bylaw Committee feels that'd this Article is adopted that the result will be less people available to serve, not more. - 2011 Subsequent Town Meeting The Bylaw Committee is further concerned that the adoption of this Article could exclude members from , serving who bring specific skills, expertise and knowledge on subjects related to specific needs of the Committees they serve on. With regard to the rotation of the Committee Chair, the petitioners state the intent is so that one member of an appointed Committee does not dominate the Committee. The Bylaw Committee feels the reappointment process plus actions of the other members of the particular committee Involved should be used to address any dominance if this is a problem. The Bylaw Committee does not recommend this Article by a vote of 0 -5 -0. After discussion by Town Meeting Members 2I3 Vote required 10 Voted In the affirmative 87 Voted in the negative 116 Town Meeting Members in Attendance Motion Did Not Carry Camille Anthony moves to take Article 2 off the table Motion Carded ARTICLE 2: 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. - Baekit round: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be 'warned" as to the subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Instructional Motion 1: Gina Snyder, Precinct 5 moves that the Board of Selectmen be instructed to work with such boards, committees and volunteers as necessary to develop a program to demonstrate the benefits of rain gardens In Reading, including consideration of the installation of a demonstration rain garden on town property; with a report on progress to Annual Town Meeting in spring 2012. Background: Rain gardens are shallow depressions in.the landscape that typically include plants and a mulch layer or ground cover. Rain Gardens provide Increased groundwater recharge, and pollutant treatment in rain gardens has been attributed to adsorption, decomposition, ion exchange, and volatilization. Rain gardens can be used in residential settings to accept runoff from a roof or other impervious surface. In a commercial setting, bio-retention areas are similar to rain gardens, but are often larger, and usually have an engineered design. The Nonpoint Education for Municipal Officials, or NEMO, program has offered twining on rain garden installation in many municipalities in New England. - , 2011 Subsequent Town Meeting Town Meeting Articles on the Aquifer Protection District and the Wetlands conservation programs indicate that our community in Reading would benefit from a better understanding of the benefits of recharge to our water resources. A program on rain gardens would not only help with recharging our water resources, it would beautify Reading and provide added storm water control. Motion Carried Instructional Motion 2 - Erin Calvo-Baoci, Precinct 5 moves that the Town Meeting instruct the Board of Selectmen to direct the Reading Historical Commission to draft a clear, concise process for property owners to appeal the addition of their property to the list of historically significant structures subject to the demolition delay bylaw. A draft of this appeal process shall be created in an open and transparent process, including one or more opportunities for public comment, and shall result in a bylaw amendment article for debate and consideration by Town Meeting members during the Spring Town Meeting in 2012. Town Council should be made available as a resource to answer written questions from the committee regarding consfilutionality. The goal of this motion is to establish a clear, concise and equitable bylaw that enables the Town to balance its desire to preserve properties of historic significance while fully respecting the rights of the individual property owner in a manner that harmonizes relationships between concerned parties. After discussion by Town Meeting Members —There was a Question of Quorum made by Ronald Thomas O'Keefe, Precinct 1 ' Quorum Count 81 — No Quorum Present No Vote Taken Instructional Motion 3 Philip Pacino, Precinct 5 moves to instruct the Rules Committee of Reading Town Meeting to review the process of how the Town of Reading Town Meeting promulgating Zoning Bylaws with emphasis on how Articles related to Town of Reading proposed Zoning Bylaw changes are amended on the Floor of Town Meeting and to report back at the Annual Town Meeting. - Not Presented to Town Meettno Members — No Vote Taken On motion by Camille Antony, Board of Selectmen, Chair it was voted that this Subsequent Town Meeting stand adjourned (sine die). Meeting adjourned at 11:23 PM with 116 Town Meeting Members in Attendance. 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