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2013-04-22 Annual Town Meeting Minutes
ANNUAL TOWN MEETING Reading Memorial High School April 22, 2013 Preforming Arts Center The Precincts listed below met at 7:00 PM to conduct the following business: Precinct 1 - With a Quorum present elected Thomas J Ryan as Precinct Chair and Sheila M Mulroy as Precinct Clerk. A vote was taken to elect Elizabeth Schneider and David A Zeek on a tie breaker vote from the April 2, 2013 election. A vote was taken to keep Thomas J Ryan as a Town Meeting member and to remove Marc Plnette. Precinct 2 - With a Quorum present elected Stephen L Crook as Precinct Chair and Denise Iozzo as Precinct Clerk. A vote was taken to elect Paul F McNeice and John A Sasso on a tie breaker vote from the April 2, 2013 election. A vote was taken to keep Christine Ford and George Snow as Town Meeting members; and to remove Walter Carroll, David Wayne Decker, Priscilla Ryan and William C Ryan. Precinct 3 - With a Quorum present elected Nancy M Graham as Precinct Chair and Jane Fiore as Precinct Clerk. A vote was taken to elect Fausto J Garcia and Paul J Sylvester on a tie breaker vote from the April 2, 2013 election. A vote was taken to keep Michael A Bertone, Norman W Blanchard, Rachelle Garcia, Lawrence A Hurley and Michael J McDade; and to remove John P Tuttle. Precinct 4 - With a Quorum present elected Glen M Hartzler as Precinct Chair and Mary Ellen O'Neill as Precinct Clerk. - Precinct 5 - With a Quorum present elected Angela Binda as Precinct Chair and Charles Adams as Precinct Clerk. A vote was taken to remove Megan Boissonneau from Town Meeting. Precinct 6 - With a Quorum present elected Robert Lynch as Precinct Chair and Donna Dudley as Precinct Clerk. A vote was taken to elect James Gordon McIntosh on a tie breaker vote from the April 2, 2013 election. A vote was taken to keep Donna L Dudley as a Town Meeting member and to remove Christopher R Campbell, Frank Kyle and Valarie Perry from Town Meeting. Precinct 7 - Did not have a Quorum present, therefore did not conduct business. Precinct 8 - With a Quorum present elected William C Brown as Precinct Chair. A vote was taken to elect Sean E Quinn on a tie breaker vote from the April 2, 2013 election. The meeting was called to order by the Moderator, Alan E. Foulds, at 7:35 PM, there being a quorum present. The Invocation was given by Philip Pacino, Precinct 5 followed by the Pledge of Allegiance to the Flag. God Bless America and America the Beautiful by the Reading Community Singers. The Warrant was partially read by the Town Clerk, Laura Gemme, when on motion by James Bonazoli, Board of Selectmen, it was voted to dispense with further reading of the Warrant. 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 and Development Commission, Town Manager and any other Official, Board or Special Committee. Backaround: This article appears on the Warrant for all Town Meetings. At this Annual Town Meeting, the following report(s) are anticipated: Town of Reading Massachusetts 2013 State of the Town Report James Bonazoli, Chairman, Reading Board of Selectmen Mr. Moderator, Town Meeting members, Finance Committee, Board of Selectmen, Residents. I am honored to be before you tonight to present the State of Town and would like to thank Peter, Bob and staff who helped me with the material. I would also like to thank my fellow Board members for giving me this opportunity although, tonight especially, it is not an easy task. It is difficult to stand with a heavy heart remembering the tragic events of last week mourning the four lives lost and those fighting to recover. It is difficult to talk about accomplishments when you have to recognize the pain that will be felt for years by the survivors and loved ones of those who were killed or injured and the feeling that our innocence has been lost. Yet as so many have - we do stand tall as we find solace in remembering the heroic action of our first responders, medical staff, and perhaps a little more remarkable the volunteers and spectators who heroically worked to lessen the pain and suffering of the victims. It is moments like these that, for me at least, cause us to reflect on how strong we and our community are and I am very happy to say that the State of the Town of Reading is strong on many levels - probably as strong as it has ever been in our 369 years. I was fortunate enough to be in Reading today and witnessed staff and residents coming together at 2:50 for a moment of silence and to share in each other's sorrow and strength. I then went to the First Congregational Church for a Red Cross blood drive where I had the pleasure of sitting next to a "first timer" who shared that she hadn't given in years due to her fear of needles but felt she had to do something. Just like Boston what makes Reading strong are the people. Those who live here, the people who volunteer and paid staff throughout the town who work very hard every day to provide the services that resident's want and need. This strong combination of volunteers and employees do their best to maintain and strengthen what is best about Reading, and we thank them and you all. There are several broad topics that I want to highlight this evening: • Volunteers and Staff • General Administration • Community and Economic Development • Infrastructure, and • Finance Volunteers and Staff There were some major changes for the Town of Reading in 2012 on the side of government starting with our own Board of Selectmen. • Jahn Arena was elected to a three year term on the Board of Selectmen replacing Camille Anthony who chose not to run for re- election • Mary Kate Kelley and Eric Johnson were appointed as the Youth Liaisons to the Board of Selectmen who were active participates and a pleasure to have • And then the trend continued sadly with Rick Schubert and Steve Goldy also retiring from the board so we welcome Marcie West and Dan Ensminger to the board In 2012 the Board of Selectmen appointed or re- appointed 64 individuals to fill positions on 24 different Boards, Committees or Commissions, a sign that our volunteer community Is robust and thriving. The Board of Selectmen approved amendments to the policies establishing the Human Relations Advisory Committee, the Reading Climate Advisory Committee, the Economic Development Committee, the Reading Trails Committee and the Fall Street Faire Committee with sunset clauses expiring June 30, 2015; Pursuant to the "new" Open Meeting Law, the Board of Selectmen considered the option for allowing remote participation by members at meetings of Boards, Committees and Commissions. The consensus of the Board of Selectmen was that Reading did not need remote participation at this time; but with the continued change in technology this may need to be revisited. On the staff side In April 2012 Town Meeting voted to remove the Reading Police Department from Civil Service. It Is worth noting that In the summer, the Town gave an entry level exam for Police Officers. Almost 400 people, including a number of current Police Officers from Massachusetts and other states, took that test. The Town now has 3 candidates in the Police Academy, and a 4" is scheduled to begin in May or June. Among our paid staff, there were some major changes: • Town Accountant Gail LaPointe retired in May 2012 • Sharon Angstrom was hired as Town Accountant to replace Gail LaPointe But one of the biggest changes presented to us last year was the announcement - Town Manager Peter Hechenbleikner announced his plan to retire effective June 1, 2013. As many of you know Peter has been our one and only Town Manager for 26 years so with that I would like to make a proclamation: Whereas: Peter I. Hechenbleikner was appointed as the first Reading Town Manager on September 22, 1986; and Whereas: He has provided the highest level of professional management and selfless, dedicated service to the Reading community during his tenure; and Whereas: He has faithfully and impartially aided Town Meeting in its deliberations for over twenty six years; and Whereas: He has announced his intention to retire effective June 1, 2013; NOW THEREFORE BE IT RESOLVED: that all are Invited to a celebration of the career of Peter I. Hechenbleikner at HIII View Country Club in North Reading on Thursday evening at 5:30 pm on May 23, 2013; and BE IT FURTHER RESOLVED: that by unanimous consent, the entire body rise in appreciation of Peter I. Hechenbleikner and wish him well in his retirement! General Administration Part of the Town's responsibility is to address policies and procedures in our local government. The Board of Selectmen works with other volunteers and with the Town Manager and staff to Identify areas that require attention, and to address those areas. The Issues addressed are varied, and some of the highlights include: • The Reading Police Department conducted a compliance check that resulted in the Board of Selectmen suspending three liquor licenses for selling to an underage person. • The Board of Selectmen entered into a one year license with the MBTA for use of the Vine Street parking lot. This license is subject to annual renewal, and to be able to access and regulate 42 parking spaces adjacent to our downtown Is a real coup for the Town. • Board of Selectmen approved the policy on Amplified Sound in Public Parks to guide the Recreation Committee in their decision making. • After several months of work by staff and volunteers, the Conservation Commission adopted a much more user friendly set of regulations. • The Board of Selectmen worked with the Historical Commission and an ad hoc working group to develop revisions to the Demolition Delay Bylaw and Town Meeting approved this bylaw. • The Selectmen approved the renaming of the Senior Center as the Pleasant Street Center which will allow flexibility for uses. • The Board of Selectmen also approved the draft Open Space and Recreation Plan. This is important in order to be able to apply for a variety of grant funds. • The Board of Selectmen approved Inter - Municipal Agreements to: • provide for Veterans Services among the City of Melrose, the Town of Wakefield, the Town of Saugus and the Town of Reading. • amend the agreement between the Town of Reading, Town of Wakefield, and the City of Melrose for regional public health services. • Provide for Tax Assessment Services. The agreement expires in December 2013 and provides for sharing the current Assessor Director from Wakefield. Town Meeting action in both communities will be required to make this arrangement permanent. • Following Town Meeting action the Board of Selectmen approved the discontinuance: • Old Pearl Street and the Town will retain an easement to the water main that is on that property. • two parts of Grant Street and those properties will revert back to the original property owners. • After being approached by the Department of Environmental Protection to abandon area well fields, the consensus of the Board of Selectmen was not to give up the Town's well registration and not to abandon the former wells at this time. Community and Economic Development One element of our financial success is our success in economic development. Highlights include: There has been significant activity in the Town's two 4011 Smart growth development areas, and our downtown development initiatives are known throughout the State government and the region with: • Pulte Homes is developing the former Addison Wesley site on Jacob Way, and the first 50 unit building is complete and occupied, and the second building is sold out. The third building is under construction. • 30 Haven Street, by Oaktree is now completed, and early occupancies for retail uses and residential units are promising. At this time there is occupancy and /or lease negotiations for the entirety of the retail space, and about 50% of the residential units are occupied. Additionally - There has been a substantial number of new businesses opening in the community In hopes to help make the process easier for residents and businesses the Town is making progress on implementation of the Licensing & Permitting Software in the Community Services and other departments, which when fully implemented will make tracking and the issuance of development permits and licenses easier. The Reading Fall Street Faire, in its 4th year, has fast become a beloved and successful tradition in Reading, celebrated the second Sunday of September. These activities are supported by strong staff efforts, working with the incredible volunteer efforts of CPDC, Economic Development Committee, ZBA, Conservation Commission, Historical Commission, and West Street Historic District Commission. Infrastructure The Town has made great strides in improving and maintaining the community Infrastructure: • Work began on the repairs to the drainage and sewer systems at Tennyson, Whittier and Browning which is otherwise known as Poet's Corner. Road paving will be done this summer • A great deal of road construction - about $1.5 million - was done in 2012. • Sidewalk work, highlighted by the "Safe Routes to School" project on Washington, Prescott, and Sunnyside Ave were completed. • The Town continues to prepare master plans for Town properties, and in 2012 the Sturges Park Planning process took place. • Following a great deal of planning and working with the Patrick Administration and our legislators, the Town learned in the fall of 2012 that the Reading Public Library Construction grant has been funded, subject to local approval of the Town's share of the project. A Debt Exclusion was approved this spring. The Town has been able to dedicate a short-term stream of one time revenues to capital projects Including sidewalks and road improvements. Several major efforts to Improve the sewer and water systems of the Town have been started, and the 2013 Annual Town Meeting will be asked to provide further funding for these. I didn't think you would like to see any pictures of that. Moving on to financial, due to actions taken by this body and others, I can say we are fiscally strong. Financial In the fall of 2011 Town Meeting authorized the sale of several parcels of Town owned land. The following progress has been made to date: • The Board of Selectmen authorized the Town Manager to negotiate the sale of two 3700 + /- square foot assemblage parcels at the intersection of Pearl Street and Audubon Road with the two abutting property owners. • The Board of Selectmen authorized the Town Manager to arrange for the bid for sale one 17,800 +/- square foot parcel at the intersection of Pearl Street and Audubon Road. This will be put out to bid within the next 30 days. • The Board of Selectmen authorized the Town Manager to arrange for the bid for sale one +/- 31,614 square foot parcel of land on Lothrop Road. Bids have been received on this parcel. The Town has cash reserves in an amount roughly equal to 9% of the Town's operating budget - a level that is the highest in some time and very competitive when viewed by bond rating agencies. The Town has acquired a short-term stream of one time revenues, mostly through state payments under the 40R Smart Growth zoning and development. These funds are set aside In a Smart Growth Stabilization fund and have been appropriated by Town Meeting for capital projects - mostly road improvements. The Town has done the required actuarial study to determine its Other Post - Employment Benefits (OPEB) liability, and the Town has begun to put modest amounts of funding towards this long term liability but more needs to be done. The Board of Selectmen adopted a policy on Procurement Cards which will allow a limited number of employees to make purchases with suppliers who do not accept purchase orders and adopted Section 1.13 of the Board of Selectmen Policies - Policy providing for the Use of Purchasing Cards. Although we are fiscally strong today it will require vigilance as you never know what the next storm may bring. Conclusion What I have outlined is a lot to digest. It is a measure of the level of commitment by volunteers and staff to ongoing improvement of the community, supporting our citizens, and maintaining our financial strength. We are strong but additional help is always needed and encouraged, and volunteer openings are always posted on the Town's web site. Please join us in supporting and building our strength. Thank you. Finance Committee Report: No report Bylaw Committee Report: No report Motion made by Ben Tafoya to table Article 2 Motion to Table Carried ARTICLE 3: Move 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. Backaround: 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. Finance Committee Report: No report Bylaw Committee Report: No report Motion made by lames Bonazoli to table Article 3 Motion to Table Carried ARTICLE 4: Motion made by John Arena, Board of Selectman to move that the Town vote to make the following amendments to the FY 2013 - FY 2022 Capital Improvements Program as provided for In Section 7 -7 of the Reading Home Rule Charter Motion made by James Bonazoli to dispense of the reading of the Article Motion Carried General Fund FY13:4200.000 • - $250,000 Schools: School Space Needs • + $50,000 Town Facilities - radio equipment repairs FY14:430.000 • - $15,000 GIS Flyover • - $45,000 Road repairs • +$30,000 Pedestrian safety / sidewalks FYS5: +580,000 • $80,000 Town Hall bathroom repairs inadvertently not listed in Jan '13 CIP FY16 to FY23: • No changes made FY14 ;- 549,500 • +$550,000 for initial phase of large -scale water main repair & replacement project (shown as debt expense) • - $350,000 H St. loop - project moved into large -scale project • - $276,000 Causeway Rd. loop - project moved Into large -scale project • +$50,000 general water main lining program • - $23,500 Previous MWRA debt project for Haverhill / Howard reduced - now shown as $185k per year for this project plus $20k per year debt that will be allocated to large water main projects FY15:- 415,000 • +$545,000 for initial phase of large -scale water main repair & replacement project (shown as debt expense) • +$130,000 added to booster station SCADA project • - $220,000 Bear Hill tank maintenance • = $200,000 wells upgrade project • - $150,000 general water main lining program (amount lowered from $200k to $50k) FY16 to FY23: • Various projects rearranged by priorities; projected costs updated; many water main repairs folded into large -scale debt - financed project FY14: - $282.000 • +$350,000 Lewis St., Howard St., and Charles St. projects replaces $75,000 Lewis Street project originally listed in FY12. Note whole project is $450k - balance to be funded by MWRA grant / loan program shown as debt • - $300,000 West Street sewer station project moved out to FY35 • - $270,000 Joseph's Way sewer station project moved out to FY17 • - $37,000 pickup truck replacement moved to FY17 • - $25,000 reduce amount of general sewer main projects from $75,000 to $50,000 FY35: 4200.000 • +$300,000 West Street sewer station project moved out to FY35 • +$120,000 truck replacement moved up from FY17 • - $100,000 reduce amount of general sewer main projects from $150,000 to $50,000 • - $520,000 Batchelder sewer station moved out to FY16 FY16 to FY23: • Various projects rearranged by priorities and projected costs updated Storm Water Enterprise Fund Y14: • Reduce MS4 permit consulting and lab testing from $50,000 to $25,000 • Increase Drainage Improvement projects from $140,000 to $165,000 FY3S to FY22: • Saugus and Aberjona river projects moved out two years • Design work now FY17 and FY18; project debt now begins in FY20 • Drainage improvement project funding adjusted to result in generally level capital requests for the next several years or take any other action with respect thereto Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) "... No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made.' Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. The following changes are proposed to the 2013 -2022 CIP: Finance Committee Report - given by Paula Perry: The Finance Committee recommends the proposed amendments to the FY 2013 -2022 Capital Improvements Program by a vote of 8 -0 -1 at their meeting on March 13, 2013. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bylaw Committee Report: No report Presentation given by: • Bob LeLacheur- See Attached Motion Carried ARTICLE 5: Motion made by Dan Ensminger, Board of Selectmen to move that the Town vote to transfer the sum of $65,000 from Free Cash into the Sick Leave Stabilization Fund or take any other action with respect thereto: Background: This Stabilization Fund is set up to fund sick leave buyback for certain employees when they leave the employ of the Town, usually through retirement. Since wage line Items in many Town departments are relatively small and budgets are built about 18 months in advance, even a typical six - month retirement notice is not sufficient to be able to fund this liability ahead of time. A transfer of $65,000 from Free Cash to the Stabilization Fund is needed in order to cover the funding requests in Article 6. Finance Committee Report - given by Mark Dockser: The Finance Committee recommends the subject matter of Article 5 by a vote of 9 -0 -0 at their meeting on March 13, 2013. The Finance Committee plans to hold a review this summer to determine the most appropriate funding mechanism for this liability for the future. Bylaw Committee Report: No report Presentation given by: • Bob LeLacheur - See Attached Motion Carried ARTICLE 6: Motion made by Dan Ensminger, Board of Selectmen to move that the Town vote to amend the following votes taken under Article 13 of the Warrant of the Annual Town Meeting of April 23, 2012 as amended under Article 4 of the Warrant of the Subsequent Town Meeting of November 13, 2012 and under Article 4 of the January 28, 2013 Special Town Meeting; and that the Town vote to appropriate by borrowing or transfer from available funds, or otherwise, as noted for the operation of the Town and its government: Motion made by James Bonazoli to dispense of the reading of Article 6 Motion to Dispense Carried General Fund - Wages and Expenses Account Ling DescriDtion Increase B99 - Benefits Health Insurance premiums - $380,000 $0 OPEB contribution +$380,000 C99 - Capital Schools: school space needs - $250,000 $200,665.02 Town Facilities: Main Street Fire station radio equipment repairs (paid by insurance claim) +$49,334.98* D99 - Debt Service Killam & Birch Meadow Green Repair projects $30,000 191 - Finance Wages Two special elections (state may reimburse in $30,000 FY13 or FY14 192 - Finance Two special elections (state may reimburse in $6,000 Expenses FY13 or FY14 K91 - Community Sick leave buy-back/ vacation, due to retirement $10,313 ** Services Wages M91 - DPW Wages Sick leave buy -back / vacation, due to $38,129 ** retirements 2 M92 - DPW Highway - sidewalk repairs $6,000 $11,000 Expenses Highway - street signs $5,000 M93 - Snow and Ice $250,000 M94 - DPW Street $25,000 Lights M95 - DPW Rubbish Collection & solid waste disposal $100,000 N91 - Public Safety Fire sick leave buy -back / vacation, due to- $125,089 Wages retirement $15,089 ** Fire OT $110,000 N92 - Public Safety Police Academy tuitions - reimbursed by $16,500 Expenses employees directly to the General Fund $12,000 New police officer - uniform $4,500 U99 - Schools School Department - purchase new curriculum 250 000 Subtotals 325 665.02 $767,031 Net Operating Expenses $441,365.98 From Free Cash $328,500.00 *From Insurance payments $49,334.98 * *From Sick Leave Buyback Fund $63,531.00 or take any other action with respect thereto Backeround:The following budget amendments are proposed for the FY13 budget: Finance Committee Report - given by Hal Torman: The Finance Committee recommends the subject matter of Article 6 by a vote of 8 -0 -0 at their meeting on March 27, 2013. Bylaw Committee Report: No report Presentation given by: . Bob LeLacheur - See Attached Motion Carried ARTICLE 7: Motion made by Marsie K West, Board of Selectmen to indefinitely postpone the subject matter of Article 7 Motion to Indefinitely Postpone Carried ARTICLE 8: Motion made by Ben Tafoya, Board of Selectmen to move that the Town vote to approve the FY 2014 - FY 2023 Capital Improvements Program as shown on pages 310 - 317 of the Warrant Report as provided for in Section 7 -7 of the Reading Home Rule Charter or take any other action with respect thereto: Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) "... No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made.' Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. Please see the Blue Pages in the Appendix of this Warrant Report for the FY 2014 - FY 2023 Capital improvements Program. Finance Committee Report - given by Jeff Perkins: The Finance Committee recommends the subject matter of Article 8 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. Bylaw Committee Report: No report Presentation given by: Bob LeLacheur- See Attached Motion Carried ARTICLE 9: Motion made by James Bonazoli, Board of Selectmen to move that the Town vote to authorize revolving funds for the following Town Departments under Massachusetts General Laws, Chapter 44, Section 53E W for the fiscal year beginning July 1, 2013 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: Motion made by Dan Ensminger to dispense of the reading of Article 9 Motion to Dispense Carried Revolving Account Spending Authority Revenue Source Allowed Expenses Expenditure Limits Year End Balance Conservation Conservation Fees as provided Consulting and engineering $ 25,000 Available for Commission Commission for In Reading services for the review of expenditure Consulting General Bylaws designs and engineering next year Fees Section 5.7, work for the protection of Wetlands wetlands. Protection Revolving Spending Revenue Allowed Expenditure Year End Account Authority Source Expenses Limits Balance Inspection Town Building, Plumbing, Legal, oversight and $ 200,000 Available for Revolving Manager Wiring, Gas and inspection, plan review, expenditure Fund other permits for initial property appraisals next year the Oaktree, and appeals, Community Addison - Wesley/ Services general Pearson and management, curb Johnson Woods sidewalks and pedestrian developments safety improvements, records archiving and other proiect related costs. Public Health Board of Clinic Fees and Vaccines, materials for $ 25,000 Available for Clinics and Health third party screening clinics and expenditure Services reimbursements clinical supply costs, next year medical equipment and supplies, immunizations, educational materials Library Library Charges for lost or Acquire Library materials $ 15,000 Available for Materials Director and damaged Library to replace lost or damaged expenditure Replacement Trustees materials items next year Mattera Cabin Recreation Rental Fees Utilities and all other $ 10,000 vailable for Operating Administrator maintenance and operating expenditure expenses next Year Town Forest Director of Sale of timber; Planning and vallable for Public Works fees for use of the Improvements to the Town expenditure upon the Town Forest Forest next year recommenda- tion of the $ 10,000 Town Forest Committee or take any other action with respect thereto Background: The revolving funds established in this article are subject to annual renewal by Town Meeting. • Conservation Consultina Revolvina Fund - These funds are used to receive payments from applicants, hire expert consultants where required, and return the balance to the applicant. There was no activity in the Conservation Consulting Revolving Fund during Fiscal Year 2013. The balance as of 3 -7 -13 remains at $0. • Inspections Revolving Fund - Beginning in 2004, Town Meeting approved the Inspections Revolving Funds as a way to deposit building and other permit fees, and to use them directly for purposes of plan review, inspections, legal expenses, initial property value appraisal and appeals, and general management of the Community Services operations related to three developments as well as for the construction of curbs, sidewalks and pedestrian safety improvements and records archiving and management. The balance available as of 3 -7 -13 In this fund is $509,894. There is expected to be little expenditure from these funds for the remainder of FY 2013. A major portion of the existing balance of the fund will be released to Free Cash at the end of FY 2013 (June 30, 2013). The balance in the fund is from permit fees from Oaktree, Addison - Wesley /Pearson (now Puite Homes), and Johnson Woods developments. • Health Clinic Revolvina Fund - The Reading Health Division contracts for third party payments for a number of immunizations. The funds are used to augment the influenza vaccine supply from the State Department of Public Health to Insure vaccine for the homebound clients and first responders. The Division also uses these funds for materials for other screening clinics. Clinic client fees are also deposited into this fund to offset vaccine and clinical supply costs. The balance available as of 3 -7 -13 In this fund is $47,625. The State has been cutting back on the free flu and other vaccines to be distributed to cities and towns, and the Town therefore needs to purchase extra doses. The necessary amounts used for clinic vaccine, supplies and staff salaries related to the clinics each year directly from the revolving fund is therefore approximately $25,000. • Library Materials Replacement Fund - During the course of a year, the Library recovers funds from patrons who have lost or damaged books or other materials. Previously, those funds went into the Town's General Fund and at the end of the year went into Free Cash. Once this Revolving Fund was adapted (beginning in FY 2010), those funds recovered from patrons for lost or damaged materials were available directly to the Library for expenditure to purchase replacement materials and processing supplies. The balance available as of 3 -7 -13 in this fund is $6,591. • Mattera Cabin Operating Fund - The log cabin on the Mattera conservation land was purchased several years ago, and was recently renovated by the Vocational School. Some of the use is revenue generating, and it is anticipated that over time the site will generate enough funding to pay the operating costs of the cabin - primarily utilities. This Article allows those revenues that are generated to be used directly for the operating expenses of the cabin. The balance available as of 3 -7 -13 in this fund is $1,290. • Town Forest Revolvina Fund - was created in 2011. The purpose is to allow revenues from controlled timber harvesting and permit fees to then be spent by the DPW Director upon the recommendation of the Town Forest Committee, on improvements to the Town Forest, including planning efforts. The Town Forest Committee has had a forest stewardship plan created (through a grant) to make recommendations on forest management including controlled timber harvesting. The Committee is In the process of determining how to proceed in beginning this work. In addition, the Town Forest Committee completed work on a master plan for the Town Forest and adjacent property, and the Master Plan will include recommendations on improvement to the Town Forest. Finally, the Town Forest Committee is beginning to develop policies and regulations on the use of the Town Forest, Since this revolving fund was just created 2 years ago the balance available as of 3 -7 -13 in this fund is $0. It is anticipated that timber harvesting on a limited basis will begin in FY 2014, and therefore there will be proceeds in the revolving fund which can be used for the purposes of the revolving fund. Finance Committee Report - given by Barry Berman: The Finance Committee recommends the subject matter of Article 9 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Bylaw Committee Report: No report Presentation given by: • Peter Hechenbleikner - See Attached After discussion a vote was taken: Motion Carried ARTICLE 10: Motion made by John Arena, Board of Selectman to move that the Town vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, the following items of Town tangible property : Motion made by James Bonazoli to dispense with the reading of the Article Motion to Dispense Carried • Police 2009 Ford Crown Victoria • Police 2005 Ford Taurus • Police 1998 Ford Econoline Van ( ACO Van) • DPW 1982 Ford 445 Tractor • DPW 1996 Chevy 3500 Dump Truck • DPW 1997 Holder C9700 Sidewalk Plow • DPW 2001 International 4900 Dump Truck • DPW 1997 Ford F350 4X4 . DPW 1997 Ford F350 4X2 or take any other action with respect thereto Background: Above is a list of surplus vehicles that are scheduled to be disposed of in FY 2014. Town Meeting approval is required for disposition of tangible property with a value of $5000 or more. It is unlikely that any of these items have a value that exceeds that amount, but to be safe, Town Meeting approval is requested. Disposition could be through trade in, auction, or other sale. Finance Committee Report - given by David Greenfield: The Finance Committee recommends the subject matter of Article 10 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Bylaw Committee Report: No report Presentation given by: . Peter Hechenbleikner - See Attached Motion Carried ARTICLE 11: Motion made by James Bonazoli to Table Article 11 Motion Carried ARTICLE 12: Motion made by Dan Ensminger, Board of Selectmen to see what sum the Town will appropriate to the irrevocable trust for "Other Post - Employment Benefits Liabilities" or take any action with respect thereto: Backaround: As part of the FY13 budget the town voted $420,000 in the general fund, $47,664 in the water fund, $9,667 in the sewer fund and $5,570 in the storm water fund for Other Post Employment Benefit (OPEB) contributions. In addition, Article 6 In this warrant will add $380,000 in FY13 to OPEB contributions in the general fund. This Article will move the total of all these OPEB contributions ($862,902) to the irrevocable trust for Other Post - Employment Benefits liabilities. According to the Town's most recent actuarial OPEB valuation study, in FY13 the annual contribution required to fully fund this liability over 30 years (net of health insurance premiums already budgeted) is an additional $1,575,257 in the general fund. Thus the $800,000 mentioned above Is a little more than half of that actuarially determined funding level. Finance Committee Report - given by David Greenfield: The Finance Committee recommends the subject matter of Article 12 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Bylaw Committee Report: No report Presentation given by: . Sharon Angstrom - See Attached Motion Carried ARTICLE 13: Motion made by Karen Janowski, School Committee to move that the Town vote, pursuant to Section 5.2 of the Reading General Bylaws, to approve and authorize the sum of $72,000 to settle the pending litigation matter involving the construction of the Reading High School, entitled TLT Construction Corporation v. Harleysville Worcester Insurance Company v Town of Reading, Middlesex Superior Court, Docket No. MICV2007- 05072 -B or take any action with respect thereto: Backaround: The Reading School Committee has reached a tentative settlement of one of the two outstanding legal cases involving the construction of the Reading Memorial High School. There is one additional case that is outstanding. In accordance with the Reading General Bylaw the Board of Selectmen needs to approve any settlements, and Town Meeting needs to approve any settlements of general (not Workers Comp) legal matters in excess of $25,000 where Town funds are involved. The following is the pertinent section of the General Bylaw: 5.2 Resolution of Legal Matters Town Counsel, or any other Special Counsel employed by the Board of Selectmen pursuant to Section 6 -4 of the Charter, shall not make any final settlement of any litigation to which the Town is a party unless he has been duly authorized by a vote of the Board of Selectmen, or by a vote of Town Meeting. The Board of Selectmen shall have the authority to compromise and settle all suits involving the payment by the Town of Twenty-Five Thousand ($25,000) Dollars or less, and they shall further have the authority to compromise or settle all claims, actions, proceedings and suits arising under Worker's Compensation or related disability insurance statutes involving payment by the Town of Fifty Thousand ($50,000) Dollars or less. Town Meetina must approve the compromise or settlement of all suits involvina oavment by the Town of more than Twenty -Five Thousand (S251000) Dollars, except claims, actions, proceedings and suits arising under Worker's Compensation or related disability insurance statutes in which case Town Meeting must approve or compromise the settlement of all such matters involving the payment by the Town of more than Fifty Thousand ($50,000) Dollars. The balance in the RMHS construction account is $1,284,312.52, and these funds can and have been used to pay for legal expenses and are available to pay for settlement of legal matters. The following is an analysis by Town Counsel of the cost of the settlement vs. the cost of going to trial in this case, and also includes the potential exposure if the Town were to lose all aspects of the case at trial. Town Counsel will make a more detailed presentation of the facts of the case and settlement at Town Meeting. The School Committee, Board of Selectmen, and FINCOM have been briefed in Executive Session (because this is pending litigation) on the details of the case and proposed settlement. All three bodies have voted to recommend to Town Meeting the settlement of the matter. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED TLT v. Harleysville v. Reading SETTLEMENT ANALYSIS Premsed Settlement Amount $72,000.00 Cost of Trial Trial S 9,280.00 (8 days at 8 hours per day — 64 hours (vdS145.00/hour) Post -trial review of record attd preparation of brief S 6,960.00 (6 days Q 8 hours Per day — 48 hours @)$145.00/hour) Transcript (approximate expense) S 10,000.00 L'.. Witness Fees S S,000A0 Cost of Hearing Officer S 12,000.00 Judge Stephen E. Neel (RnJ ($500.00/hour + 2 = S250.00/hour) Trial 9 days at 6 hours per day — 48 hours QS250.130/hour Post -trial review of tecord and preparation of Decision S 9,000.00 (6 days at 6 hours per day — 36 hours 9S250.00menr) Potential Exposure Damages alleged of %397.000.00 5397,000.00 12% interest per year from December, 2007 §250.11000 (Filing date) to present (63 months) =63% $ 55,240.00 $647,110.00 Finance Committee Report - given by Mark Dockser: The Finance Committee recommends the subject matter of Article 13 by a vote of 7 -0 -2 at their meeting on March 27, 2013. We believe that this settlement offer in the amount of $72,000 is both fiscally and financially prudent and In the best interests of the Town. Bylaw Committee Report: No report Presentation given by: . Gary Brackett of Brackett and Lucas - See Attached Motion made by Bill Brown, Precinct 8 to change wording of Reading High School to Reading Memorial High School Motion Carried After Discussion a vote was taken: Motion Carried as Amended ARTICLE 14: Motion made by Marsie K West, Board of Selectmen to move that the Town vote to appropriate by borrowing 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, the sum of $$904,518 for highway projects in accordance with Chapter 90, Massachusetts General Laws or take any other action with respect thereto: Backaround: The purpose of this Article is to make Chapter 90 funds for road improvements available to the Town. The Article authorizes expenditures upon receipt of the grant. Based on the Governor's proposed Transportation Plan the Town's FY 2014 Chapter 90 allocation would be $904,518. This amount represents a $301,506 Increase over the previous year's allotment. The expectation is that the State will formally announce the actual amount prior to the April 22 Annual Town Meeting. Finance Committee Report - given by Hal Torman: The Finance Committee recommends the subject matter of Article 14 by a vote of 9 -0 -0 at their meeting on March 13, 2013. We vote at Town Meeting each year to approve the acceptance and use of these funds for road improvements from the State, the only issue being the precise sum of money available from the State. Though Reading's final allocation for FY14 was not known as of this vote, barring any new or different contingencies placed by the State on the funds, the Finance Committee believes that that the town should accept whatever level of funding is offered. Bylaw Committee Report: No report Presentation given by: • George Zambouras - See Attached Motion Carried ARTICLE 15: Motion made by Ben Tafoya, Board of Selectmen to move that the Town vote to raise by borrowing pursuant to M.G.L. Chapter 44, Section 7 and 8 and appropriate the sum of four hundred and sixty thousand dollars ($460,000) for the purpose of making extraordinary repairs and /or replacement of sanitary sewer collection systems on all or portions of Howard Street, Lewis Street, and Charles Street, including the costs of engineering services, audits, designs, plans, contracts, specifications, equipment, inspection fees, cost estimates, bidding services, contingencies and all related expenses Incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and that the Town vote to authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or loans, to be used to defray the cost of all, or any part of, said sanitary sewer improvements; and that the Town vote to authorize the Town Manager to enter Into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, Including but not limited to, the applications and acceptance of a grant and a non- interest bearing loan from the Massachusetts Water Resources Authority; and that the Town authorizes 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: Backaround: During recent investigations the Town's Infiltration and Inflow (I /I) program has identified several sewer mains that are deteriorated and a significant source of infiltration. Infiltration occurs when surface or ground water enters sewers through leaks, cracks and faulty joints in pipes and manholes. Any I/I into the sewer system Increases the amount of sewage to be treated which directly affects the Town's sewer rates through increased assessments from the Massachusetts Water Resources Authority (MWRA). It can also have a negative effect on property owners in Reading and other communities by causing sewer surcharging and sewage backups into private property. The replacement and rehabilitation of defective sewer mains Is one essential part of reducing the amount of I/I Introduced into the system. The sewer mains identified to be rehabilitated and replaced under this article are located on Lewis Street, Charles Street and Howard Street and the total cost is projected to be $460,000. Approximately 1200' of sewer main on Lewis Street and 600' on Charles Street will be rehabilitated by means of Cured -In -Place Pipe (CIPP). CIPP is a trenchless sewer main repair that lines the sewer main with a reinforced fabric liner making the pipe structurally sound and watertight. This process Is less disruptive to the road surface and does not require the complete restoration of roadway surfaces. However, the 1500' of sewer main on Howard Street is too structurally compromised and undersized for CIPP and must be replaced. The replacement will remove the existing 6" pipe and replace it with a new 8" pipe, including manholes, services and pavement rehabilitation. Howard Street has already been dug up for water main replacement, and the time to do the sewer is while the road is already under construction. The MWRA I/I Local Assistance Program provides funds in the form of a 45% grant and a 55% 5 -year interest -free loan. A total of $350,000 of these project costs will be funded through the Sewer Enterprise fund as FY -14 capital project. The remaining $110,000 will be funded through this MWRA I/I Local Assistance Program. This Article approves the Town taking on the debt obligation portion of this MWRA grant/loan program (the loan portion is considered debt), and the repayment Is shown in the Sewer Enterprise Fund as debt repayment starting in FY14. Finance Committee Report - given by Paul McNeice: The Finance Committee recommends the subject matter of Article 15 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Bylaw Committee Report: No report Presentation given by: • George Zambouras - See Attached After discussion a vote was taken 2/3 Vote Required Declared Unanimous by Moderator 142 Town Meeting Members in Attendance ARTICLE 16: Motion made by James Bonazoli, Board of Selectmen to move that the Town vote to raise by borrowing pursuant to M.G.L. Chapter 44, Section 7 and 8 and appropriate the sum of six million one hundred twenty five thousand dollars ($6,125,000) for the purpose of making extraordinary repairs and /or replacement of water systems on the following streets or portions of the following streets: Main Street, Mill Street, Locust Street, Bear Hill Road, Linden Street, Minot Street, Summer Avenue, Libby Avenue, cross - country from Belmont Street to Libby Avenue, Chute Street, Haven Street, Sanborn Street, High Street and Washington Street; including the costs of engineering services, audits, designs, plans, contracts, specifications, equipment, inspection fees, cost estimates, bidding services, contingencies and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and that the Town vote to authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or loans to be used to defray the cost of all, or any part of, said water distribution system Improvements; and that the Town vote to authorize the Town Manager to enter Into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, including but not limited to, the applications and acceptance of a non - interest bearing loan from the Massachusetts Water Resources Authority; and that the Town authorizes 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: Backaround: The purpose of this Article is to authorize debt for planned improvements to the water distribution system. In 2012 the Town hired Weston and Sampson Inc. to develop a new water system hydraulic model and develop a Water System Master Plan Report to reflect current system hydraulics. The model evaluated the town's distribution system to address the new MWRA supply, water quality concerns, and the proposed new second connection by MWRA. The report indicated that in switching the main source of water from the north (location of the Town's former Water Treatment Plant) to the south (location of the existing and proposed second MWRA Interconnection) combined with the fact that 29% of the water distribution system consists of unlined cast iron pipe, several system deficiencies exist. To address these deficiencies Weston and Sampson developed a 20+ year water distribution system Master Plan. The Master Plan recommends the cleaning and lining of unlined cast iron mains and replacing of undersized or deteriorated mains. The plan's initial Phase A includes projects which will create the greatest level of improvement to the system and address improvements to water quality in the northern part of town. Phase A is planned to be implemented in two (2) parts, the first in FY 14 and the second in FY16 as identified below: Phase A -1 (FY -14) $5.0 million of 1Oyr debt (borrow $4,012,000 from the 14WRA interest free and the remainder as Town debt) Main Street, Mill Street, Locust Street, Bear Hill Road, Linden Street, Minot Street, Summer Avenue, Libby Avenue, X- Country - Belmont Street to Libby Avenue, Phase A -2 (FY -16) $1.125 million of Town debt Chute Street, Haven Street, Sanborn Street, High Street and Washington Street To assist the Town in funding of these projects the Town was successful in obtaining the accelerated release of MWRA 0% Interest loan assistance for this project. Under MWRA's Local Water Assistance Program (LWSAP) the Town will be able to utilize any unutilized MWRA funds from the previously approved water main projects and $4,012,000 of new LWSAP funds toward the proposed new water improvements. Under the LWSAP program the Town will receive Interest free loans with a repayment period of up to 10 years. Finance Committee Report - given by David Greenfield: The Finance Committee recommends the subject matter of Article 16 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Bylaw Committee Report: No report Presentation given by: . George Zambouras - See Attached After discussion a vote was taken: 2/3 Vote Required 131 Voted in the affirmative 3 Voted in the negative 142 Town Meeting Members in Attendance Motion Carried ARTICLE 17: Motion made by John Arena, Board of Selcetmen to move that the Town vote to authorize the Board of Selectmen to accept the conveyance of permanent roadway easement adjacent to Pierce Street in Reading, Middlesex County, MA located on Lot 273 of Map 22 which easement is shown on a plan entitled: "Easement Plan of Land located in Reading, MA prepared for Anne Marie & Associates LLC. ", prepared by Sullivan Engineering Group, LLC and dated October 3, 2012 ; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Backaround: As part of the site plan approval for the development of 10 Pierce Street a condition of approval required the inclusion of on -street public parking along the edge of the roadway for the majority of the property's frontage. Pierce Street is only a 40 foot wide right of way. Due to this space limitation the only way to create the on- street parking spaces is for the developer to provide the Town with a permanent roadway easement to provide the public parking spaces. The easement consists of a 358 +/- square feet area located along the street line of Pierce Street as depicted on a plan entitled "Easement Plan of Land located in Reading, MA prepared for Anne Marie & Associates LLC. ", prepared by Sullivan Engineering Group, LLC" and dated October 3, 2012. The acceptance of this article will authorize the Board of Selectman to accept the conveyance of the permanent roadway easement. All regulations for on- street parking will apply to these parking spaces. Finance Committee Report: No report Bylaw Committee Report: No report Presentation given by: . George Zambouras - See Attached After discussion a vote was taken: Motion Carried ARTICLE 18: Motion was made by Dan Ensminger, Board of Selectmen to move that the Town vote to authorize the Board of Selectmen to accept the conveyance of permanent drainage easements in Reading, Middlesex County, MA located on Lot 177 of Map 11 which easement is shown on a plan entitled: "Drainage Easement located at 44 Victoria Avenue, Reading, MA" dated February 25, 2013, prepared by Bay State Surveying Associates; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Backaround: Residents located in the vicinity of 44 and 50 Victoria Avenue are experiencing Flooding of their properties during heavy rain storms. There is an existing Town owned drainage system and easement located on the adjacent property. However the Flooding the residents are experiencing is the result of an isolated depression which due to topography does not drain to the current drainage system. To alleviate the Flooding a small drain extension will be required which will require a new drainage easement. The approval of this article will authorize the Board of Selectmen to accept the conveyance of the drainage easement which will enable the Town to construct and maintain the necessary drainage improvements to alleviate the Flooding. The proposed drainage easement consists of a 2,000 +/- square feet area as depicted of the plan entitled "Drainage Easement Located at 44 Victoria Avenue, Reading, Ma" prepared by the Reading Engineering Division dated February 26, 2013. The following owners have agreed transfer the following easement rights to the Town for a nominal fee of $1.00. Location Owner Easement Area 44 Victoria Avenue Sophia Georgian - Trustee Georgian Family Trust 2000 + /- square feet x .-' IL Finance Committee Report: No report Bylaw Committee Report: No report Presentation given by: . George Zambouras - See Attached After discussion a vote was taken: Motion Carried ARTICLE 18: Motion was made by Dan Ensminger, Board of Selectmen to move that the Town vote to authorize the Board of Selectmen to accept the conveyance of permanent drainage easements in Reading, Middlesex County, MA located on Lot 177 of Map 11 which easement is shown on a plan entitled: "Drainage Easement located at 44 Victoria Avenue, Reading, MA" dated February 25, 2013, prepared by Bay State Surveying Associates; upon such terms and conditions as the Board of Selectmen shall consider proper; or take any other action with respect thereto. Backaround: Residents located in the vicinity of 44 and 50 Victoria Avenue are experiencing Flooding of their properties during heavy rain storms. There is an existing Town owned drainage system and easement located on the adjacent property. However the Flooding the residents are experiencing is the result of an isolated depression which due to topography does not drain to the current drainage system. To alleviate the Flooding a small drain extension will be required which will require a new drainage easement. The approval of this article will authorize the Board of Selectmen to accept the conveyance of the drainage easement which will enable the Town to construct and maintain the necessary drainage improvements to alleviate the Flooding. The proposed drainage easement consists of a 2,000 +/- square feet area as depicted of the plan entitled "Drainage Easement Located at 44 Victoria Avenue, Reading, Ma" prepared by the Reading Engineering Division dated February 26, 2013. The following owners have agreed transfer the following easement rights to the Town for a nominal fee of $1.00. Location Owner Easement Area 44 Victoria Avenue Sophia Georgian - Trustee Georgian Family Trust 2000 + /- square feet Finance Committee Report: No report Bylaw Committee Report: No report Presentation given by: • George Zambouras - See Attached After discussion a vote was taken: Motion Carried ARTICLE 19: Motion made by Karen Janowski, School Committee to move that the Town vote to approve the adjustments in School, Town, and Town park land property boundaries in the Birch Meadow Area as recommended by the Board of Selectman and School Committee and as shown on a plan entitled: "Plan of Town Owned Property located at Birch Meadow Drive ", in Reading, MA" dated March 4, 2013, prepared by Bay State Surveying Associates; and that the Board of Selectmen is authorized to file Home Rule legislation with the Great and General Court of the Commonwealth of Massachusetts to effectuate the purposes of this Article if necessary; or take any other action with respect thereto. Background: During the design of the Reading Memorial High School project it became clear that the ownership patterns of land by the Town in the Birch Meadow area were not consistent with the current and proposed uses of the site. Some of the lands owned by the Town for park land are actually School Department facilities (the stadium is actually split through the middle - part Town parkland and part School Department ownership), and some School owned properties are actually used as public parks (a small slice of the Imagination Station site). The Board of Selectmen and the School Committee entered Into an agreement on May 27, 2003 to: " Place an article on the Town Meeting warrant following completion of the Reading Memorial High School addition /renovation project to transfer all land that the Reading Memorial High School buildings and appurtenances occupy (Including parking lots but not including park land and fields), to the Reading School Committee. Upon completion of the project, an as -built survey will be done by the School Committee at their sole cost and expense, of the entire Birch Meadow complex, and this survey will be used as the basis of determining the property whose ownership will be transferred to and /or from the Reading School Committee; Provide a long -term lease to the Reading School for the "care, custody, and control" of all lands and fields that are a part of the Reading Memorial High School addition /renovation project" �M1 I ______________ COri Finance Committee Report: No report Bylaw Committee Report: No report Presentation given by: • George Zambouras - See Attached After discussion a vote was taken: Motion Carried ARTICLE 19: Motion made by Karen Janowski, School Committee to move that the Town vote to approve the adjustments in School, Town, and Town park land property boundaries in the Birch Meadow Area as recommended by the Board of Selectman and School Committee and as shown on a plan entitled: "Plan of Town Owned Property located at Birch Meadow Drive ", in Reading, MA" dated March 4, 2013, prepared by Bay State Surveying Associates; and that the Board of Selectmen is authorized to file Home Rule legislation with the Great and General Court of the Commonwealth of Massachusetts to effectuate the purposes of this Article if necessary; or take any other action with respect thereto. Background: During the design of the Reading Memorial High School project it became clear that the ownership patterns of land by the Town in the Birch Meadow area were not consistent with the current and proposed uses of the site. Some of the lands owned by the Town for park land are actually School Department facilities (the stadium is actually split through the middle - part Town parkland and part School Department ownership), and some School owned properties are actually used as public parks (a small slice of the Imagination Station site). The Board of Selectmen and the School Committee entered Into an agreement on May 27, 2003 to: " Place an article on the Town Meeting warrant following completion of the Reading Memorial High School addition /renovation project to transfer all land that the Reading Memorial High School buildings and appurtenances occupy (Including parking lots but not including park land and fields), to the Reading School Committee. Upon completion of the project, an as -built survey will be done by the School Committee at their sole cost and expense, of the entire Birch Meadow complex, and this survey will be used as the basis of determining the property whose ownership will be transferred to and /or from the Reading School Committee; Provide a long -term lease to the Reading School for the "care, custody, and control" of all lands and fields that are a part of the Reading Memorial High School addition /renovation project" The project is complete and the Town Engineering Division has been working to do the necessary survey work to determine the existing property bounds and ownership, and to develop the plan for the proposed new boundaries. The maps are available on the Town web site at www.readinama.gov. MY t as E r r� a °o J a o I � I PROPOSED PR°P0.S® °InmaeB !c%vnncl uca*v. BIRCH MEADOW PLAYGROUND _ 81"800L 18L� !AT _ bC800L °IAA 0 ���� 9IMA IQCAD°I PLYCROUA9 �_��_ sneoler remvca - I� �� This land transfer may need approval of the legislature to the extent that any park lands are proposed to be transferred to the School Department, and this action will be included in the motion in the event that it is needed. Finance Committee Report: No report Bylaw Committee Report: No report Presentation given by: • Peter Hechenbleikner - See Attached After discussion a vote was taken: 2/3 Vote Required Declared by Moderator 142 Town Meeting Members In Attendance Motion Carried ARTICLE 20: Motion made by Marsle K West, Board of Selectmen to move that the Town vote to approve the following 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 ": Motion made by James Bonazoli to dispense the of the reading of this Article Motion to Dispense Carried Trust Fund Allocation Plan °1f 2014 Pursuant to Article 20 of the 2013 Annual Town Meeting, an Affordable Housing Trust Fund Allocation Plan for the Fiscal Year 2014 in accordance with the provisions of chapter 140 of the Acts of 2001 is as follows: Available Balance - Unrestricted Funds: $ 259,077 Available Balance - Restricted Funds $ 0 Unrestricted funds shall be used for the following purposes: $5,000 or a maximum of 2% for administration of Affordable Housing Remainder for constructing affordable housing (Including loan and grant programs);, or for maintaining and improving affordability of existing housing stock; or for the purchase of existing housing stock to add it to or maintain it as a part of the existing affordable housing inventory or take any other action with respect thereto Baekaround: The purpose of this Article is to approve an Affordable Housing Trust Fund Allocation Plan approved by the Board of Selectmen. Chapter 140 of the Acts of 2001 authorized the Town of Reading to establish an Affordable Housing Trust Fund (AHTF). ♦ "The Town of Reading may establish a separate fund to be known as the Affordable Housing Trust Fund for the purpose of creating or preserving affordable housing ... for the purpose of creating, maintaining or operating affordable housing." ♦ The AHTF may "develop new or rehabilitate existing dwelling units for purchase or rental by low and moderate income housing purchasers or tenants;" ♦ "Expenditures shall follow an allocation plan submitted by the Board of Selectmen annually to Town Meeting at the Annual Town Meeting, and approved by Town Meeting." ♦ "all expenditures from the fund, ... shall be in accordance with the allocation plan and approved by a majority vote of the full combined memberships of the Board of Selectmen and the Reading Housing Authority." The purpose of the Affordable Housing Allocation Plan is to provide a framework for the Town to expend funds on affordable housing. The current balance is $ $259,693.37. Funds have been accumulated over the years as funds were secured for the purpose through the actions of the CPDC, and funds deposited in one instance when an existing affordable unit was no longer able to be kept affordable after efforts were made to do so. There are no Town tax generated funds in the AHTF The only expenditure to date from the AHTF is an amount of $200,000 for Oaktree development to provide an additional 3 affordable housing units. That sum has been fully been utilized. At the 2012 Annual Town Meeting, approval was given for funding to hire a consultant to update the Town's Housing Plan, including the 5 year "Housing Production Plan ". This effort is important as a defense against unfriendly 40B developments in the community, and requires the Town to develop a phased plan to produce housing to reach the 10% threshold as required by the 40B statute. The Housing Production Plan has been approved by the Board of Selectmen. As part of these planning efforts, the Town commissioned and received a supplemental report on how the AHTF can best be used to support the "Planned Production" goals of the Housing Plan. This supplemental element of the study was received in the late winter 2013, and a presentation is scheduled before the Board of Selectmen and the Reading Housing Authority in April. The report recommends major restructuring of the Town's AHTF efforts, and because the Board of Selectmen will not have had a chance to fully review and evaluate this recommendation before Town Meeting begins, the Town Manager is recommending to the Board of Selectmen that the AHTF Allocation Plan as shown below be adopted as the framework for the use of Affordable Housing Trust Fund In FY 2014. An additional initiative that is being considered (Reading is the lead agency on the project) is to establish a regional consortium which would assist the member communities in monitoring and administering the Town's responsibilities for the various affordable housing developments that exist and will be developed in the future, to maintain the affordable units that the Town has worked so hard to create. This would be a potential use of the "Administrative" monies designated by the Affordable housing Allocation Plan. Finance Committee Report - given by Barry Berman: The Finance Committee recommends the subject matter of Article 20 by a vote of 9 -0 -0 at their meeting on March 13, 2013. Bylaw Committee Report: No report Presentation given by: • Peter Hechenbleikner - See Attached After discussion a vote was taken: Motion Carried ARTICLE 21: Motion made by Ben Tafoya, Board of Selectmen to move that the Town vote to amend Section 1.8 of the General Bylaw by adding to the chart the following lines following Section 8.10: Bylaw Bylaw Title Enforcing Person Penalty - Penalty - Penalty - Section First Second Additional Offense Offense Offences 8.11 Trash Collection Board of Health and $ 50 $ 100 $ 150 Health Division agents Board of Health Board of Health and $ 50 $ 100 $ 150 Regulations Health Division agents or take any other action with respect thereto Background: The recently adopted and approved bylaw on Trash Collection, Section 8.11 of the General Bylaw, needs to be Included In the chart of fines for non - criminal disposition of matters. The fine schedule for Health "Regulations also needs to be included in the Non - Criminal Disposition section of the General Bylaw. The Public Health Administrator recommends that the motion under this article should read as follows, which varies from the warrant (bold and eress -eut show the differences from the warrant article): Bylaw Section Bylaw Title Enforcing Person Penalty - First Offense Penalty - Second Offense Penalty - Additional Offences 8.11 Trash Collection Board of Health $3650 $100 $366150 and Publie Health Adrninistrater Health Division agents Board of Health Board of Health $460-50 $100 $360150 Regulations and PubBe Health Adm.: 0FRtar Health Division a ents As a reminder to Town Meeting, the Board of Health has the authority and responsibility to establish regulations Including the fines for violations. This article is only to ask Town Meeting to allow violations to be addressed through a ticket, vs. criminal disposition which requires court action. Finance Committee Reoort: No report Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends the subject matter of Article 21 by a vote of 3 -0 -0. Presentation given by: • Peter Hechenbleikner - See Attached After discussion a vote was taken: Motion Carried ARTICLE 22: Motion made by James Bonazoli, Board of Selectmen to move that the Town vote to rescind section 8.8 of the Reading General Bylaw and substitute therefore the following: Motion made by John Arena to dispense of the reading of the Article Motion to Dispense Carried 8.8 Animal Control Pursuant to the authority set forth in M.G.L. Chapter 140 Section 147A, the following bylaw is enacted for the regulation of dogs In the Town of Reading. 8.8.1 Definitions As used in this bylaw, the following words and terms have the following meanings: 8.8.1.1 Animal Control Officer (ACO) A person designated by the Town Manager. 8.8.1.2 Dangerous Dog A dog that either; (a) without justification, attacks a person or domestic animal causing physical Injury or death; or (b) behaves In a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. 8.8.1.3 Effective Voice Control To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash and the animal must refrain from illegal activities. 8.8.1.4 Euthanize An order by the Animal Control Appeals Committee (ACAC) that a dangerous dog be euthanized in accordance with M.G.L. Chapter 140 and the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.1.5 Keeper Any person having charge of an animal within the Town of Reading, including but not limited to the animal's owner, dog walkers, dog sitters, members of the animal owner's household or family. 8.8.1.6 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, boarding, sale, training, hunting, companionship or any other purpose. "Kennel" includes commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. 8.8.1.7 Kennel License A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 8.8.1.8 License - A dog's registration, evidenced by a tag Issued annually by the Town Clerk to the owner of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 8.8.1.9 License Transfer The registration issued to a dog already licensed in another U.S. jurisdiction, after the dog moves into the Town of Reading. 8.8.1.10 License Period An annual period, from January 1 through December 31. 8.8.1.11 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 8.8.1.12 Nuisance Dog An animal that repeatedly violates Section 8.8.3 of this bylaw. 8.8.1.13 Permanent Restraint An order issued by the Animal Control Appeals Committee under Section 8.8.5.3 requiring a dangerous dog's keeper to restrain it. 8.8.1.14 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 8.8.1.15 Running at Large A dog is running at large if It is not on the private property of its keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash). 8.8.1.16 Temporary Restraint An order issued by the ACO under Section 8.8.3.2 requiring the dog's keeper to restrain a nuisance dog or suspected dangerous dog for thirty (30) days. An invisible fence will not be considered a temporary restraint for a suspected dangerous dog. 8.6.1.17 Other Meanings Any word or term defined In M.G.L. Chapter 140 Section 136A and not otherwise defined here, is incorporated by reference. 8.8.2 Vaccination. Licensing and Fees 8.8.2.1 Three or fewer dogs License and vaccination requirements All dogs six months and older, while residing in the Town of Reading, must have a license from the Town Clerk. To obtain or renew the license, each dog owner must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. New Dogs Within thirty (30) days of acquiring a dog six (6) months of age or older, each dog owner in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Puppies Within six (6) months of a puppy being born, each dog owner in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Residents A new resident who owns a dog six (6) months of age or older must license it within thirty (30) days after moving into Reading. The Town Clerk will issue each dog a transfer license upon the owner's surrender of a current license from another U.S. jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. Lost Tags and Replacement Tags Dog owners must replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. Tag exemptions for dog events and medical reasons: • A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its keeper has the tag at the event and available for Inspection by the ACO. • When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog Is exempt from wearing a tag until it recovers, from the requirement that Its license tag be affixed to its collar, provided its keeper has the tag in his or her possession and available for inspection by the ACO. Annual Renewal Dog owners must renew each dog license annually. The annual licensing period runs from January 1 through December 31. License due Date and Late Fee The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31 each year. Dog owners must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Friday, Saturday, Sunday or legal holiday). Any license renewed after this date is overdue, and the owner must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner, pursuant to M.G.L. Chapter 40 Section 58. License Fees The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and non- neutered or non - spayed dogs. The fee for neutered or spayed dogs shall be less than the fee for non - neutered or non- spayed dogs. There Is no fee for a dog license for service dogs as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No fee shall be charged for a license for a dog owned by a person aged 70 years or over. 8.8.2.2 Four or more dogs License and Vaccination Requirements Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee who is also the owner of the dogs must present proof of current rabies vaccinations for each dog older than six months in the kennel. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to Its collar or harness. Kennel licensees who offer temporary boarding services must obtain valid proof that each dog in the kennel that is older than 6 months has received a current rabies vaccination which proof must be maintained in accordance with 8.8.2.1 bullet one herein. New Dogs and New Puppies The kennel licensee who is also the owner of the dogs must report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. Inspection Process Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector must Inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: • The location of the kennel is appropriate for housing multiple dogs. • The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. The area provided for housing, feeding, and exercising dogs is no closer than twenty (20) feet to any lot line. The area provided for housing, feeding, and exercising dogs is no closer than fifty (50) feet to any existing dwelling on an abutting lot. • The kennel will be operated in a safe, sanitary and humane condition. • Records of the numbers and identities of the dogs are properly kept. • The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. Periodic Inspections Before a kennel license is renewed, and at any time they believe it necessary, the ACO and /or the Health Division may inspect any kennel. If the ACO or the Health Division determine that the kennel is not being maintained in a safe, sanitary and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. Kennel Review Hearings Within seven (7) business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within fourteen (14) days after the notice date. Within seven (7) business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kennel. Penalties Any person maintaining a kennel after the kennel license has been denied revoked or suspended will be subject to the penalties in Section 8.8.7 of this bylaw. Annual Renewal Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. License Due Date Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, if the 15th falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40 Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. Fees The fees for licensing each kennel shall be established by the Board of Selectmen. Incorporation The following provisions of M.G.L. Chapter 140 are expressly incorporated herein: Section 137B - Sale or other delivery of unlicensed dog by kennel licensee; Section 137D - Licensee convicted of violation of statutes relating to offenses against animals; and Section 138A - Importation of dogs and cats for commercial resale, etc. 8.8.3 Conduct of Animals 8.8.3.1 Endangering Safety No animal keeper shall allow it's animal to bite, menace or threaten, all without provocation, so as to endanger the safety of any person, domestic animal or livestock provided such threat or attack was not a grossly disproportionate reaction under all the circumstances. This section is not meant to preclude an animal from acting as a watchdog on its keeper's property. 8.8.3.2 Disturbing the Peace No animal keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling, causing damage or other interference that a reasonable person would find disruptive to one's quiet and peaceful enjoyment for a period of time exceeding 15 minutes. Or, by excessive barking or other disturbance, which Is a source of annoyance to a sick person residing in the vicinity. This section is not meant to preclude a dog from acting as a watchdog on its keeper's property. 8.8.3.3 Damaging Property No animal keeper shall allow the animal to damage public or private property or realty. 8.8.3.4 Running at Large When not on the private property of its keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the keeper's sight and the keeper must be carrying a leash. 8.8.3.5 Voice Control in Place of Leash Control Allowed A dog shall be under voice control when within the Town Forest or on Conservation lands. 8.8.3.6 Public Gatherings - Leash Control Only An animal may be at any public gathering not otherwise specified in this bylaw only If it is on a six -foot or shorter leash and the animal must refrain from Illegal activities. 8.8.3.7 School Grounds Animals are not allowed during school - leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the animal may be on school grounds only if it is on a six -foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. 8.8.3.8 Exception for Assistance Animals (service animals) Section 8.8.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.9 Chasing No animal keeper shall allow the animal to chase a person, motor - powered vehicle, human - powered vehicle, or animal drawing or carrying a person. 8.8.3.10 Dog Litter Every dog keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on Its keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of M.G.L. Chapter 140 Sections 151 and 151A to carry out the provisions of this bylaw and to perform such other duties and responsibilities as the Town Manager or his designee may determine. 8.8.4.2 Duties The ACO's duties shall include but not be limited to the following: • Enforcement of the Town of Reading Animal Control bylaw and relevant State regulations. • Explanation of bylaw violations. • Notification to the owner of unlicensed dogs. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO shall issue an order of temporary restraint to the keeper of any animal that is a nuisance or that Is awaiting a decision under Section 8.8.6 as to whether it is dangerous. An order of temporary restraint is an order that the animal must be confined to its keeper's property when not on a six (6) foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than thirty (30) days unless the AGO renews It in writing for subsequent thirty (30) day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's keeper can petition the Animal Control Appeals Committee (ACAC) under Section 8.8.5.2 to rescind the order of Temporary Restraint. 8.8.4.4 Issuance of an Order of Confinement The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this bylaw. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's expense. 8.8.4.5 Complaint Resolution The ACO shall investigate all written complaints arising within the Town pertaining to violations of this bylaw and try to mediate disputes between Town residents complaining that a dog owned or kept in Town is a nuisance dog or a dangerous dog. If the mediation fails, the ACO will decide on a solution and inform the animal owner and any resident that brought a complaint or problem to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's decision may appeal that decision to the Animal Control Appeals Committee; the ACO shall attend the meetings of the ACAC on the matter. 8.8.4.6 Recordiceeping The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee (ACACI 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three -year overlapping terms by the Board of Selectmen. The ACAC will annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Right to Appeal When the ACO has investigated a complaint regarding an animal's behavior and has issued a finding or an order of Temporary Restraint with which either the animal's keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within ten (10) business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within fourteen (14) days, at which the dog owner, the complainant, and the ACO must appear. 8.8.5.3 Findings and Further Appeals The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO within three (3) business days after the public hearing. 8.8.5.4 Hearings The ACAC shall hold public hearings and make decisions on any dangerous dog declaration under Section 8.8.6 or a nuisance dog declaration under Section 8.8.7. 8.8.5.5 Further Appeals An appeal from an order or decision of the ACAC may be made by either the Owner or Complainant within 10 days at the Woburn District Court. 8.8.6 Dangerous Dogs 8.8.6.1 Declaring a Dog Dangerous A dog that either; • without justification, attacks a person or domestic animal causing physical injury or death; or • behaves in a manner that a reasonable person would believe poses an unjustified Imminent threat of physical injury or death to a person or to a domestic or owned animal may be declared dangerous by the ACAC. An exception may be made for a puppy (animal under six (6) months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog keeper's property. 8.8.6.2 Procedure for Declaring a Dangerous Dog Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than five (5) individuals from five (5) separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which It will determine whether it should declare a dog dangerous and, if so declared, what remedy is appropriate. 8.8.6.3 Exceptions No dog shall be deemed dangerous: • Solely based upon growling or barking or solely growling and barking; • Based upon the breed of such dog; or • If such dog was reacting to another animal or to a person and such dog's reaction was not grossly disproportionate to any of the following circumstances: • Such dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; • The person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of such dog; • The person attacked or threatened by the dog was engaged in teasing, tormenting, batteridg, assaulting, injuring or otherwise provoking such dog; or • At the time of such attack or threat, the person or animal that was attacked or threatened by such dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to a gated, fenced in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such .person was not committing a crime, provoking the dog or trespassing. 8.8.6.4 Remedies Upon its finding that the dog is dangerous, the ACAC shall order one of the following remedies: permanent restraint or n euthanasia in accordance with the American Veterinary Medical Association Guidelines on Euthanasia. • Permanent Restraint Order is an order that the dog must at all times while on its keeper's property be kept within the keeper's house or a secure enclosure. The secure enclosure shall be a minimum of five (5) feet wide, 10 feet long, and five (5) feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than nine (9) gauge chain link fencing; the Floor shall be not less than three (3) inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least One Hundred Thousand ($100,000) Dollars for the benefit of the public safety; and whenever removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. • Euthanasia is an order to take the life of the dog by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.7 Nuisance Animal 8.8.7.1 Declaring a Dog to be a Nuisance An animal that repeatedly violates Section 8.8.3 of this bylaw may be declared a nuisance dog by the ACAC. 8.8.7.2 Procedure for Declaring a Dog to be a Nuisance Upon the written complaint of the ACO, any other public safety agent, or upon the petition of not less than five (5) Individuals from five (5) separate households the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog to be a nuisance dog. The ACAC may further order that the owner or keeper of such dog take remedial action to ameliorate the cause of the nuisance behavior. 8.8.8 Penalties 8.8.8.1 Fines Any animal keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who falls to obtain a kennel license; and any animal keeper who falls to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.8.2 Reimbursement of Costs If the Animal Control Officer confines a dog and the animal owner does not pay all fees directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town of Reading for any expenses Incurred in boarding that dog. If the dog has not been licensed, the keeper must obtain a license and pay any applicable late fee before the dog can be released. 8.8.8.3 Penalties for Violating Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of restraint orders. 8.8.9 Miscellaneous 8.8.9.1 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto 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. 8.8.9.2 Incorporation of State Law The provisions of M.G.L. Chapter 140 Sections 136A through 156 and 158 through 174D, inclusive, as may be amended from time to time and except as modified herein, are hereby incorporated into this bylaw. or take any other action with respect thereto. Background: The Town's Animal Control sections of the General Bylaw were developed several years ago and were recently recodified and approved by Town Meeting. Last year (after the Town's recodificatlon of the General Bylaw) the State amended the entire state statute dealing with Animal Control, and the Town now needs to bring the Town's General Bylaw into conformance with the Statute. In general Reading's Animal Control Bylaw was in good shape with respect to the new statute. The Bylaw Committee has been given a "marked up" copy of the existing bylaw to review. The major changes to Reading's existing bylaw are: • Change in the terminology of "destruction" of an animal, to use the term "euthanize" • The State Statute no longer gives the option of "banishment" or removing a dangerous dog from the community - the 2 options now are "permanent restraint" or "euthanize" • The term "vicious" now is now replaced by the term "dangerous" dog. • While licenses will still be required, the Board of Selectmen has agreed to waive dog license fees for animals owned by residents aged 70 and over The Police Department Executive Officer, who worked with the Animal Control Officer and the Public Health Administrator to review the new Statute and how it affected the existing General Bylaw, advises that the following change from the article should be made in the motion to adopt this article: 8.8.3.5 Voice Control in Place of Leash Control Allowed A dog may shall be under voice control when within the Town Forest or on Conservation lands. Finance Committee Report: No report Bylaw Committee Report: The Bylaw Committee recommends the subject matter of Article 22 by a vote of 3 -0 -0. The Bylaw Committee reviewed the subject matter of this article in detail both as to content and verbiage and agrees with the change which will update to Animal Control Bylaw to reflect recent State Statute changes Presentation given by: . Peter Hechenbleikner - See Attached After discussion a vote was taken: Motion Carried On motion by, Board of Selectmen, it was voted that this Annual Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Thursday, April 25, 2013. Meeting adjourned at 9:58 PM with 142 Town Meeting Members In attendance. A true copy Attest: Laura A Gemme Town Clerk 3 F= 0 as c� a� 0 G1 M d r O N C 3N O N CL H — 7 Q C C Q .�, i ���. 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