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Home My WebLink About2014-12-09 Board of Selectmen PacketDRAFT - BOARD OF SELECTMEN" 2014, AGENDAS 2014 121312014 Responsibility Start time December 9, 2014 Office Hour John Halsey 6:30 Volunteer Appointments 7:20 Approve licenses (revisit Cumberland Farms) LeLacheur 7:30 HEARING Close Warrant for January 5, 2015 Special Town Meeting LeLacheur 7:45 HEARING Approve FY15 Classification Plan (Pay & Class results) LeLacheur 8:00 Discuss change in Bylaw regarding Firearms LeLacheur 8:15 Vote on Special Town Meeting Articles LeLacheur 9:00 Executive Session To discuss strategy with respect to collective bargaining LeLacheur 9:30 Executive Session To discuss strategy with respect to litigation LeLacheur 9:45 Future Agendas See 2015 Schedule Recurring Items Close Town Meeting Warrants by Sep 23/Nov by Mar 3 /April Review BOS /TM Goals Mar -July -Dec Tri -ann Review Customer Service survey results Feb & Aug Semi -ann Review Regionalization efforts June Annual Appointments of BCCs June Annual Approve Classification & Compensation June Annual Appoint Town Counsel June Annual Tax Classification Hearing October Annual Approve licenses December Annual Reports to BOS Town Accountant Report Qtrly RCTV members Report Semi -ann CAB (RMLD) member Report Semi -ann MAPC member Report Semi -ann BOS Appointed Boards, Committees & Commissions Annual Reading Housing Authority Report Annual Reading Ice Arena Report Annual O� OF R fqO' Office of the Town Manager `^ 0 16 Lowell Street ' `"c °R "°�PS� Reading, MA 01867 To: Board of Selectmen From: Robert W. LeLacheur, Jr. CFA Date: December 4, 2014 RE: December 9th BOS Meeting 781 - 942 -9043 townmanager @ci.reading.ma.us www.readingma.gov/town-manager Your first agenda item will be to vote on some volunteer appointments as suggested by the VASC. They met last night, and the quality and enthusiasm of the applicants was most impressive. Next up will be to approve all annual licenses. You had requested that at renewal, Cumberland Farms and the abutters come in to see how things are going with the early opening. As it turns out, construction is well behind schedule and in fact they have not yet put the early opening policy into effect. We will instead have this issue back in front of the Board two or three months after the early is implemented for that update. We do have the need for and therefore request that the Board call for a Special Town Meeting to begin on Monday, January 5, 2015 — to then continue on the following Tuesday (6th) and Wednesday (7th) if /as needed. The Town Meeting must conclude by Wednesday in order to hit all the legal deadlines for any Charter approval to go to the voters in April 2015. The Warrant will consist of the following Articles: 1 Reports 2 Instructions 3 Revise Capital Plan 4 Amend FY15 budget 5 Revise Town Charter (local actions) 6 Revise Town Charter (request for Special Act) 7 Permanent Building Committee Bylaw 8 Change in Firearms Bylaw (by petition) Town Counsel is still reviewing the language for 5, 6, and 7, so the Warrant Report sent to you today should be considered to be in draft form. You will receive the final form as soon as possible. I do not expect any material changes. As you know for the Charter, there are two sets of proposed changes: one we can accomplish locally through Town Meeting and the voters, and that is the business under Article 5. The exact final language of that Article will be a complete Charter document (about 30 pages). It will be a clean copy that contains all the proposed new language for those locally controlled sections of the Charter, plus the exact old language for those sections we cannot locally control. We will review the document one section at a time, and proposed amendments to the language 'in play' will be taken and voted on one at a time. There will be a separate handout that will fully explain the changes proposed under this Article, complete with complete bold and cross out version. December 9, 2014 Board of Selectmen Article 6 will have the bold and cross out language for all the proposed changes to sections that we cannot control locally. Each section will be taken one at a time, with a similar process for amendments. If approved, this Article will go as a single request to the state legislature. They may approve it, they may amend it, and they may do either of these actions and then send it back to the local voters. We cannot know in advance what the exact path will be, but the most likely it is amendments without the need for voter approval. After you close the Warrant, we will review the draft findings of the non -union pay and classification project. I have not included any material in your packet as all employees have not yet all had a chance to hear the news from their department heads. I will also hold three meetings on Tuesday December 9th to discuss the findings with any interested employees. As part of Article 4, 1 will be requesting some re- allocation of the funds set aside. To be blunt, the findings are an embarrassment. Broadly speaking, the average non -union position in Reading pays about $59,000 while the average of 20+ communities surveyed pays over $63,000 for the same positions. Given that in Reading the residents expect top quartile performance from everyone — with modest amounts of staffing - this pay inequity is difficult to see and digest in such stark terms. The transfer requested will only begin to address the most serious of the so- called inequities of our current non- union compensation system. To achieve average pay would cost the town multiples of the $75,000 we had budgeted for in FY15; more to come on this topic in the FY16 budget process. The next agenda item is a public discussion about the petitioned Article for a Bylaw change concerning firearms. We have noticed all property owners affected by this change — a copy of that notification is in your packet. I do not have sense yet of the expected turnout. The last item in public session is to vote on the Warrant Articles as the Board sees fit. In Executive session, I have two different topics to discuss briefly. After your packet goes out on Thursday I meet with all Town, School & RMLD unions to negotiate a health insurance agreement to cover July 1, 2015 through June 30, 2016. If we come to agreement today, I will ask you to approve it. The second item is a new litigation issues that pretty much fell from the clear blue sky earlier this week. I am still awaiting more thoughts from Town Counsel but expect to need some sort of discussion with the Board and possibly some action taken. December 9, 2014 Board of Selectmen BUDGET YTD ACTUAL YTD VARIANCE YTD $ 160,000.00 $ 72,615.94 $ 87,384.06 Town of Reading FY15 legal budget July August September October November December PACE $ 290,463.76 PACE VARIANCE $ (130,463.76) January Town Meeting -will request additional funds Policy development 25% $ 18,224.92 Alcohol licenses $ 7,311.16 $ Town Meeting $ 3,150.64 $ 1,904.50 $ $ 666.00 $ 2,484.64 Charter project $ 1,808.14 $ 551.00 $ 129.50 $ 1,127.64 Zoning Bylaw project $ 13,266.14 $ 324.00 $ 1,921.50 $ 11,020.64 Construction projects 4% $ 2,611.00 Public Library $ 1,334.50 $ 1,242.00 $ 37.00 $ 55.50 TLT RMHS litigation $ 592.00 $ 240.50 $ 55.50 $ 296.00 Oakland Road land $ 684.50 $ 407.00 $ 277.50 Town Issues 14% $ 10,331.66 Alcohol licenses $ 7,311.16 $ 840.88 $ 873.50 $ 5,596.78 RMLD $ 1,904.50 $ 1,504.00 $ 180.00 $ 220.50 Firearm bylaw $ 1,097.50 $ 1,097.50 celltower leases $ 18.50 Gardner Street $ 18.50 Land Use Issues 44% $ 31,816.98 Summer Ave $ 3,028.50 $ 1,419.00 $ 1,184.00 $ 425.50 James Road $ 1,247.00 $ 1,247.00 Pearl Street $ 2,000.50 $ 795.50 $ 1,205.00 Gardner Street $ 998.84 $ 998.84 South Street $ 24,542.14 $ 277.50 $ 4,264.64 Other Issues 13% $ 9,631.38 General $ 9,109.38 $ 2,868.88 $ 2,037.50 $ 4,203.00 Brackett & Lucas $ 522.00 $ 522.00 January $ 20,000.00 settlement Schena, Paula From: LeLacheur, Bob Sent: Thursday, December 04, 2014 3:25 PM To: Schena, Paula Subject: FW: Thank you notes Attachments: 20141204160202.pdf; 20141204162439.pdf For BOS packet, now or next Tuesday is fine. Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanaaer @ci.readina. ma. us (P) 781 - 942 -9043, (F) 781 - 942 -9037 www.readinama. aov, Please fill out our brief customer service survey at http:// readingma- survey.virtualtownhall .net /survey /sid /ff5d3a5fO3e8eb60/ Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED From: Burns, Greg Sent: Thursday, December 04, 2014 3:16 PM To: LeLacheur, Bob Subject: Thank you notes 1 FYI two thank you notes. One on our SAFE Program and the second for an EMS call. This one had a check with a request we send it to a charity of our choice. I returned the check today with a thank you note. Greg Chief Gregory J. Burns Reading Fire Department 757 Main Street Reading, MA 01867 (P) 781.944.3132 (F) 781.942.9114 www.readingmagov Please let us know how we are doing -fill out our brief customer service survey at: http://readingma- su rvey.virtualtownhall. net /survey /sid /ff5d3a5fO3e8eb60/ L Z 0 C-Iwlotr 17, '42.0 I y -b e-ar' ahi4 �JVr nS cr-r- 4w--U;;%uaL �k4ton fib, Vvo v1 d � i 4t- 4� 4--) a ry... ar18 - - �av-j �&Ij�- 4., y*Qr rtctr4 vi,.s "r 4 OVY' !scv-)oo i . -The- S, 6, 0.0'.)se- &.roons4kn-t-ian 1 S 1 So ; ar, arr� ^n� 4x,. Kai as � ooY. 4ov wavcl 4> -r�- �dav-- m BW to I YaAe -r �e„rr� `�hrov _ ►� yam a r lc - Ca rye. �o rr- g 4 --fit -1 me. all aba r-1-- 't- — . `i Ft re.rre.rnb� --- We..- 0 0 rn o, o�o�ai n i-- ytAlr-, �� rlctre. � j c-'3 I &� APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS Name: SH1)ri_E1 (rff />I198 yet/ /_ oursc- Date: /p - 21 —Zo /y (Last) (First) (Middle) Address: 11 ToNe/ 09RVc2 RD., REAPIAU, M14- Tel. (Home) 7 ,R/- 9112. -3 .P'27 Tel. (Work) (Is this number listed ?) Y— Occupation: 6:l;IKS ,41_ T/WT # of years in Reading: /,f Are you a registered voter in Reading? Yes e -mail address: Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee _Aquati'cs Advisory Board _Audit Committee _Board of Appeals _Board of Cemetery Trustees Board of Health _Board of Registrars _Bylaw Committee _Celebration Committee _Cities for Climate Protection _Commissioner of Trust Funds _Community Planning & Development Comm. _Conservation Commission _Constable _Contributory Retirement Board Council on Aging _Cultural Council Custodian of Soldiers' & Sailors' Graves _Economic Development Committee _Finance Committee _Historical Commission _Housing Authority _Human Relations Advisory Committee _Land Bank Committee MBTA Advisory Committee _Metropolitan Area Planning Council _Mystic Valley Elder Services _Recreation Committee _RMLD Citizens Advisory Board _Telecommunications and Technology Advisory Committee _Town Forest Committee _Trails Committee West Street Historic District Commission Other. Please outline relevant experience for the position(s) sought: Pleas--e S -ee a1-t4cAt,,9 cG cu Meiot C-3 4 p�rrn z Zn N M L 3mM D�C:) Marilyn L. Shapleigh 11 John Carver Road Reading, MA 01867 781 - 942 -3877 I have been a resident of Reading for the last 10 years, as well as for several years in the 1970's. Consequently, I am familiar with the town and an enthusiastic supporter of the community. My background includes an M.B.A. and a variety of work experiences that are relevant to the mission of the Council on Aging. In particular, this experience has provided me with extensive substantive knowledge of healthcare, education, and financial management topics. • Healthcare: I worked in the healthcare industry as a management consultant and data analyst for several decades, focusing primarily upon projects related to health insurance and medical cost management. Employers included the New England Medical Center, UMass Medical Center, Independence Blue Cross, and The Health Data Institute. • Financial Services: I held management positions in the corporate offices of BankBoston and Sovereign Bank, analyzing customer needs, tracking financial trends and managing large scale projects within specified budgets. • Education: I am certified to teach high school math. In addition, I am in the final stages of completing my M.Ed. in Instructional Design, a program that focuses on developing educational programs for adult learners. Volunteer Work: When I lived in the Hammond Place condominiums in Woburn prior to buying my current home in Reading, I was elected to multiple terms (1997 — 2004) on the Condominium Board of Trustees. Working in the capacity of trustee provided me with extensive experience in team management of a large budget and skills necessary for the oversight of property assets valued at approximately $40 million. Eder Care: Through the on -going process of helping my parents in their aging process, I have become well acquainted with many of the needs and interests of our senior population. For example, for the last 6 years, I have been a daily visitor at Wingate at Reading because my dad is a long term care resident. My involvement in his care has led me to become involved in the lives of many patients and families in that facility and to appreciate the work of the Wingate staff. It would be a privilege to be able to help the Reading community support our elder population by participating in the work of the Council on Aging. q alZ r k Town of Reading Meeting Minutes w O Board - 4°Committee - Commission - Council: Volunteer Appointment Subcommittee Date: 2014 -12 -03 Time: 7:00 PM Building: Reading Town Hall Location: Conference Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman Daniel Ensminger, Kevin Sexton Members - Not Present: Others Present: Town Manager Bob LeLacheur, Jolyn Ek, Marilyn Shapliegh, Brian Snell, Greg Maganzini, Nancy Ziemlak Minutes Respectfully Submitted By: Secretary Topics of Discussion: Discussion /Action Items The Committee interviewed Jolyn Ek, Marilyn Shapleigh and Brian Snell for one position on the Council on Aging. A motion by Sexton seconded by Ensminger to recommend appointment of Mariivn Shapleigh to a position on the Council on Aging with a term expiring June 30, 2015 was approved by a vote of 2 -0 -0. A motion by Ensminger seconded by Sexton to recommend appointment of Jolyn Ek and Brian Snell as Associate members to the Council on Aging with terms expiring June 30, 2015 was approved by a vote of 2 -0 -0. The Committee also interviewed Brian Snell for a position on the Fall Street Faire Committee. A motion by Ensminger seconded by Sexton to recommend appointment of Brian Snell to a position on the Fall Street Faire Committee with a term expiring June 30, 2015 to fill the vacancy created by Steve Goldv resigning was approved by a vote of 2 -0 -0. The Committee interviewed Greg Maganzini for a position on the West Street Historic District Commission. A motion by Ensminger seconded by Sexton to recommend appointment of Greg Maganzini to the West Street Historic District Commission with a term expiring June 30, 2016 was approved by a vote of 2 -0 -0. Page I 1 Volunteer Appointment Subcommittee Minutes - December 3, 2014 - page 2 The Committee interviewed Nancy Ziemlak for a position on the Cultural Council. A motion by Ensminger seconded by Sexton to recommend appointment of Nancy Ziemlak to a position on the Cultural Council with a term expiring June 30, 2017 was approved by a vote of 2 -0 -0. A motion by Ensminger seconded by Sexton to recommend appointment of Stephen Goldv to a position on the Reading Community TV Board of Directors with a term expiring June 30, 2016 was approved by a vote of 2 -0 -0. A motion by Ensminger seconded by Sexton to recommend appointment of Camille Anthony to a full position on the Human Relations Advisory Committee with a term expiring June 30, 2015 was approved by a vote of 2 -0 -0. A motion by Ensminger seconded by Sexton to adjourn the meeting at 8.00 p.m. was approved by a vote of 2 -0 -0. Respectfully submitted, Secretary Page 1 2 C'L' '�� APPLICATION FOR APPO RECEIVED TOWN CLERK ViRAG, MASS, Name: C./ � � Date:— %l fflV -6 A 9 38 (Last) '(`First) (Middle) Address: e� Tel. (Home)_1 el —q �t Tel. (Work)_ (Is this number listed ?)i_Y__ Occupation: (V t # of years in Reading: 06 Are you a registered voter in Reading? address: Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee _Aquatics Advisory Board _Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health `Board of Registrars Bylaw Committee Celebration Committee Cities for Climate Protection _Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board 24Council on Aging Cultural Council Custodian of Soldiers' & Sailors' Graves Economic Development Committee _Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee' _MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizens Advisory Board _Telecommunications and Technology Advisory Committee Town Forest Committee Trails Committee West Street Historic District Commission Other a� � (:;" 12-� Please outline relevant experience for the position(s) sought: u1Z.,3- RECEIVED TOWN CLERK APPLICATION FOR APPOINTMENT TO BOARDS/C6N Tkgk&OMMISSIONS f i Name: A �� C� (�,) 1014 NOV *tp Pt IL (Last) (First) (Middle) Address: ��;�)�{ �1�((� �(��: Tel. (Home)_'�,��`'��q Tel. (Work) (Is this number listed ?) Occupation: # of years in Reading:_ Are you a registered voter in Reading ? e-mail address:_ Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee Aquatics Advisory Board Audit Committee _Board of Appeals _Board of Cemetery Trustees _Board of Health _Board of Registrars _Bylaw Committee _Celebration Committee _Cities for Climate Protection _Commissioner of Trust Funds _Community Planning & Development Comm. _Conservation Commission _Constable Contributory Retirement Board 7Council on Aging _Cultural Council Custodian of Soldiers' & Sailors' Graves Economic Development Committee _Finance Committee _Historical Commission _Housing Authority _Human Relations Advisory Committee _Land Bank Committee _MBTA Advisory Committee _Metropolitan Area Planning Council _Mystic Valley Elder Services _Recreation Committee _RMLD Citizens Advisory Board _Telecommunications and Technology Advisory Committee _Town Forest Committee _Trails Committee _West Street Historic District Commission Other Q t1-A. Please outline relevant experience for the position(s) sought: y - . MR, ii L r � it : r� i qX1 RECEIVED J OWN CLERK _,kDING, MASS. APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS 2014 DEC -2 A la 4 Name: �, Date:— 1 Z z (Last) (First) (Middle) Address: Tel. (Home) Zit R-A Z lS�s T -eI: (A*erk)_ - (Is this number listed ?) Occupation: ;_,� 4 `�,r �., # of years in Reading: Are you a registered voter in Reading? JnS e -mail address:` _ Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Animal Control Appeals Committee _Aquatics Advisory Board _Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee Cities for Climate Protection Commissioner of Trust Funds Community Planning & Development Comm. `Conservation Commission Constable _Contributory Retirement Board Council on Aging Council Custodian of Soldiers' & Sailors' Graves ;Economic Development Committee _Finance Committee _Historical Commission _Housing Authority _Human Relations Advisory Committee _ Land Bank Committee MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services _Recreation Committee _RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee _Town Forest Committee _Trails Committee _West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: l (,\\ !Cl �� (`►.�f�� 4 A iV \LC'\i �� IVl @ �CC� 'C l \� L'�l 1�y _G�� , � �_�'� � o y �Lcl. `' tom.- C�� G/_ 1.t�� o •- Nb( Nancy Zemlak 16 Orchard Park Drive, Reading, MA 01867 Extensive experience in training and development, technical writing, needs assessment, policy development, customer service and web management. PROFESSIONAL EXPERIENCE Operational Services Division Commonwealth of Massachusetts, Boston, Massachusetts Training & Implementation, Feb 2009- June 2014 • Responsible for the development and delivery of all outreach and training materials for the implementation of an enterprise -wide enhancement of the Commonwealth's online procurement system used by over 180 Commonwealth Agencies and 1200 vendors conducting business with the Commonwealth • Training delivery included computer based classroom training for procurement staff, recorded webinars and live webcasts for businesses, on -site management overview sessions for senior level staff • Training materials included instructor manual, student handouts, case scenarios, recorded instructional webinars, 'off b aids • In addition, developed and delivered: • One day, instructor -led, Essentials of State Procurement interactive classroom training for all new purchasing and procurement staff developed using MSOffice and PowerPoint • Five day, instructor -led, Strategic Sourcing Certificate Program required for all Commonwealth of MA staff conducting or participating in the procurement process • Twenty minute, Supplier Diversity Plan Instructional Webinar for businesses required to submit plans with the bid package developed using PowerPoint and Lectora Snap! Executive Office of Health and Human Services Commonwealth of Massachusetts, Boston, Massachusetts Training & Implementation, Feb 2008 -June 2008 • Conducted outreach and training to support operational readiness and new system training for over 1000 internal Commonwealth employees working with MassHealth • Analyzed needs assessment and identified training topics and skill level of training for EOHHS staff • Liaison with eLearning developers to review and approve the development of over 30 e- learning modules providing a walkthrough of NewMMIS system based on specific business functions to provide detailed instruction for staff to efficiently manage new responsibilities in NewMMIS developed using Captivate Office of the Comptroller Commonwealth of Massachusetts, Boston, Massachusetts Training & Customer Service, 1997 - 2008 • Member of a team tasked to deliver over 200 eLearning and instructor -led programs for 2,500 employees annually on an enterprise -wide financial system used by over 80 Executive Agencies • Developed and published instruction manuals, job aides, handouts, support documents using MSWord, PowerPoint, and Rapid Builder • Worked with a network of over 100 Liaisons to communicate initiatives and collect customer feedback to measure program results • Conducted needs assessments, research, design and measurement for all programs delivered to employees responsible for the management of the Commonwealth's centralized financial database system • Participated in the production of training videos; design storyboards and scripts EDUCATION Master of Education (Management) Cambridge College, Cambridge, MA Bachelor of Science (Education) LIMASS, Amherst, MA Computer Skills: Microsoft Word, Excel, PowerPoint, Outlook, Front Page, RoboHelp, Captivate, Adobe Acrobat, Rapid Builder, Team Site Jd z CATION FOR RECEIVED TOWN CLERK �48►6�. MASS. Name: t 1 �t �� Date: �j ' 1�� .OV —b A "9 38 (Last) r (First) (Middle) Address: 6� Tel. (Rome)_1 P - �_' L_ D- Tel. (Work)` /// _ (Is this number listed ?)Y Occupation: # of years in Reading:_ Are you a registered voter in Reading? _ e -mail address: Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Animal Control Appeals Committee Aquatics Advisory Board Audit Committee ~Board of Appeals _Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee - Cities for Climate Protection Commissioner of Trust Funds _Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board z4Council on Aging Cultural Council Custodian.of Soldiers' & Sailors' Graves Please outline relevant experience for the position(s) 14 -.1� it-3 -ff%c- v- �L(, Economic Development Committee Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee Land Bank Committee . MBTA Advisory Committee Metropolitan Area Planning Council Mystic Valley Elder Services Recreation Committee RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee .Town Forest Committee Trails Committee West Street Historic D' strict Commis on Other flat --y i �� 0�-r1� CU�wtrrrz� �L Name: CATION FOR (Last) OMMISSIONS Date: Address: ( .�, - � J Tel. (Home) g?Z°cl' S,;5 Tel. (Work) (Is this number listed ?) Occupation:_ P � # of years in Reading: - -'�� Are you a registered voter in Reading? a -mail address: Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee _Aquatics Advisory Board Audit Committee Board of Appeals _Board of Cemetery Trustees Board of Health ,Board of Registrars _Bylaw Committee _Celebration Committee _Cities for Climate Protection Commissioner of Trust Funds ~Community Planning & Development Comm ~_Conservation Commission Constable _Contributory Retirement Board _Council on Aging _Cultural Council Custodian of Soldiers' & Sailors' Graves `Economic Development Committee _Finance Committee Historical Commission '_Housing Authority y�luman Relations Advisory Commit eye —_Land Bank Committee —� MBTA Advisory Committee _Metropolitan Area Planning Counci,- _Mystic Valley Elder Services a% _Recreation Committee 49 _RMLD Citizens Advisory Board Telecommunications and Technology Advisory Committee _Town Forest Committee _Trails Committee . West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: o �*M zzC-) r— < 3rnm GO W APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS Name: 601 JV, SiA n A Date: /t)h ) (Las6 ofirst)- (Middle) Address: qa Tel. (Home) 7,61 ' 7 7 7 -7 Tel. (Work). - (Is this number listed ?) Occupation: � � S r , # of years in Reading:_ Are you a registered voter in Reading ?� e-mail address:_ Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) _Animal Control Appeals Committee Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee Celebration Committee _Cities for Climate Protection _Commissioner of Trust Funds _Community Planning & Development Comm. _Conservation Commission _Constable _Contributory Retirement Board _Council on Aging _Cultural Council _Custodian of Soldiers' & Sailors' Graves Economic Development Committee _Fall Street Faire Committee _Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee _MBTA Advisory Committee _Metropolitan Area Planning Council _Mystic Valley Elder Services _Recreation Committee RMLD Citizens Advisory Board _Town Forest Committee Trails Committee West Street Historic District Commission Please outline relevant experience for the position(s) sought: "I � 2n?j tiny 17 AM Irl: 52 APPLICATION FOR APPOINTMENT TO BOARDS /COMMITTEES /COMMISSIONS Name: A. Gl Yl Z(w( �e J P- c5 Date: 11-1e-1$1 (La (First) Middle) -7 q�l y - 3 £s 2-( 0%. Address: West- . S-f fee –f Tel. (Home), Tel. (Work)_ (Is this number listed ?) -e 5 Occupation: Ae Stcw ra✓1f— d G), l Pr # of years in Reading: Are you a registered voter in Reading? V' S e -mail address :_ Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach 'a resume if available.) Animal Control Appeals Committee Audit Committee Board of Appeals Board of Cemetery Trustees _ Board of Health _Board of Registrars _Bylaw Committee _Celebration Committee Cities for Climate Protection _Commissioner of Trust Funds _ Community Planning & Development Comm. _Conservation Commission _Constable ,Contributory Retirement Board _Council on Aging _Cultural Council `Custodian of Soldiers' & Sailors' Graves _Economic Development Committee Fall Street Faire Committee _Finance Committee _Historical Commission _Housing Authority _Human Relations Advisory Committee MBTA Advisory Committee _Metropolitan Area Planning Council _Mystic Valley Elder Services _Recreation Committee _RMLD Citizens Advisory Board _Town Forest Committee _Trails Committee 1 West Street Historic District Commission Other Please outline relevant experience for the position(s) sought: 0,�.s c rrc-\ l a sit 30 VI -t—Kq Vva K-D. TO S 1APr5 crtel e ETAS., b c,V j V is kc i s till sa 40 J- I'va- 8 +0 V\e ctrl 6 -�rcf .?N I ° (A • WE Special Permits —12 -2 -2014 24 Hour Permit Gas: Reading Shell Station,. 87 Walkers Brook Drive Retail Sales before 6:00 a.m. Food: Dunkin Donuts and West Street Mobil, 4 West Street — 5:00 a.m. Starbucks Coffee, 24 Walkers Brook Drive — 5:00 a.m. Starbucks Coffee, 288 Main Street — 5:00 a.m. J.K.'s Market, 212 Main Street — 5:45 a.m. Cumberland Farms, 303 Salem Street — 5:00 a.m. Fitness Snap Fitness, 30 Haven Street — 5:00 a.m. Reading Athletic Club, 1 General Way — 5:00 a.m. Planet Fitness, 275 Salem Street — 5:00 a.m. Burbank YMCA, 36 Arthur B. Lord Drive — 5:00 a.m. Fit By Catarina, 335 Main Street — 5:00 a.m. Pure Fit Studio, 34 Gould Street — 5:00 a.m. LIST OF LICENSES 12/4/14 MOTOR VEHICLES LICENSEES Class I Gallery North, Inc. (Class I) d/b /a Honda Gallery 88 -98 Walkers Brook Drive ECars of New England Inc. (Class I) 281 Main Street Class II 128 Tire, Inc. (Class II) 459 Main Street Brown's Auto Repair (Class II) 35 Lincoln Street Reading Auto Sales (Class II) 550 Main Street Reading Foreign Motors, Inc. (Class II) 4 Minot Street RMP Mass (Class II) Reading Motors 1337 Main Street Reading Square Shell (Class II) 749 Main Street Worldwide Vehicle and Equipment Sales, LLC (Class II Wholesale) 360 Main Street Universal Machinery, LLC (Class II Wholesale) 2 Linden Street Durant's One Owner Vehicles 360 Main Street, Suite 2 Class III North Reading Auto & Recon, Inc. (III) d/b /a Gray's Towing 4 Minot Street se5E,"_2 TAXI AND LIVERY LICENSEE Diego Mas Marques Timely Transport LLC 34 Gould Street Dilsh An Perera Sapphire Livery 1230 Main Street Stephen Modugno Regal Coach 3 Line Road Diego Mas Marques Timely Transport, LLC 34 Gould Street, Suite 205 Abdollah Hosseini Abby Transportation 211 Main Street, Unit 2 COMMON VICTUALLER LICENSEES Anthony's Roast Beef 216 Main Street Avana Sushi III Seafood Restaurant 589 Main Street Bagel World 323 Main Street Bangkok Spice Thai Restaurant 76 Haven Street Bertucci's Italian Restaurant 45 Walkers Brook Drive Burger King 357 Main Street Cafe Capri 355 Main Street Chili's Grill & Bar 70 Walkers Brook Drive Chinatown Cafe 672 Main Street ,1,0-3 Christopher's Restaurant 580 Main Street Colombo's Pizza and Cafe 2 Brande Court D'Amici's Bakery 614 Main Street Dandi -Lyons 1331 Main Street Dunkin' Donuts 273 Salem Street Dunkin' Donuts 454 Main Street Epicurean Feast 55 Walkers Brook Drive Fusion Cafe and Restaurant 607 Main Street Fuddruckers 50 Walkers Brook Drive Green Tomato 42 High Street Grumpy Doyle's 530 Main Street Jimbo's Famous Roast Beef & Seafood 454 Main Street Last Corner Restaurant 49 High Street Longhorn Steak House 39 Walkers Brook Drive Mandarin Reading Restaurant 296 Salem Street McDonald's 413 Main Street Meadow Brook Golf Club 292 Grove Street Meadow Brook — Snack Bar 292 Grove Street Orange Leaf Frozen Yogurt 612 Main Street Oye's 26 Walker Brook Drive P & S Convenient Store 287 Lowell Street Pizza World 583 Main Street Portland Pie 54 Haven Street Reading House of Pizza 1321 Main Street Reading Ice Arena Authority 51 Symonds Way Reading Overseas Veteran's Inc. 575 Main Street Reading Veteran's Association 37 Ash Street Richardson's Ice Cream 50 Walkers Brook Drive Ristorante Pavarotti 601 Main Street Bistro Concepts, Inc. d/b /a Sam's Bistro 107 Main Street Starbucks Coffee 288 Main Street Starbucks Coffee 24 Walkers Brook Drive Swiss Bakers 32 Lincoln Street �, 7 Town Pizza & Deli 648 Main Street Venetian Moon 680 Main Street Zinga Reading 50 Haven Street Lodging House Angelo Bertolino 83 Hamden Street ENTERTAINMENT LICENSEES Grumpy Doyle's — LIVE ENTERTAINMENT 530 Main Street I -Max Theater 50 Walkers Brook Drive Oye's — LIVE ENTERTAINMENT 26 Walker Brook Drive Reading Veteran's Association — LIVE ENTERTAINMENT 37 Ash Street AUTOMATIC AMUSEMENT LICENSEES Grumpy Doyle's — I -Pod 530 Main Street Reading Veterans Association — Pool Table, Video Game 37 Ash Street Fuddruckers — Tractor Time Candy Crane, Toy Tax Crane, Clifford the Dog, Soccer Ball 50 Walkers Brook Drive S al 2015 Special Town Meeting Monday January 5, 2015 WARRANT OUTLINE REVISED 12/04/2014 Art. Mover/ Moderator # Article Description Sponsor Comment Notes 1 I Reports 2 1Instructions Board of Selectmen Board of Selectmen 3 Amend the Capital Board of Selectmen Improvement Program FY 2015 - FY 2024 ♦ Motion to Table — Chair John Arena ♦ Motion to Table — Vice Chair Marsie West ♦ Presentation —Bob LeLacheur ♦ FINCOM report — Chair Mark Dockser 4 Amend the FY 2015 Budget FINCOM ♦ Presentation — Bob LeLacheur ♦ FINCOM report — Mark Dockser 5 Revise Town Charter Town Charter Review ♦ Presentation — Bob LeLacheur Committee ♦ Bylaw Committee report — Chair Steve Crook ♦ FINCOM report — Mark Dockser ♦ Board of Assessors report — Chair Francis Golden ♦ Board of Library Trustees report — Chair Victoria Yablonsky ♦ Board of Selectmen report — Chair John Arena ♦ School Committee report — Chair Chris Caruso 12/4/2014 1 5b1 2015 Special Town Meeting Monday January 5, 2015 WARRANT OUTLINE REVISED 12/04/2014 6 Revise Town Charter — Town Charter Review ♦ Presentation — Bob LeLacheur Request Special Act for Committee ♦ Bylaw Committee report — Section 2.2 `Realignment of Steve Crook Precincts'; Section 2.3 `Town Meeting Membership'; Section 2.5 ` Nomination Procedures'; Section 2.6 `Vacancies'; Section 5.4 `Acting Town Manager'; Section 8.9 `Elections' and Section 8.11 `Recall Procedures' 7 Set up Permanent Building Bylaw Committee ♦ Presentation — Steve Crook Committee ♦ Bylaw Committee report — Steve Crook ♦ Finance Committee Report — Mark Dockser 8 Bylaw Change — Section Petitioned 8.9.1 Firearms 12/4/2014 2 �V v COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on , 2014 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior January 5, 2015, the date set for Town Meeting in this Warrant. also caused a posting of this Warrant to be published on the Town of Reading website on 2014. A true copy Attest: Laura Gemme, Town Clerk , Constable 1 563 TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, January 5, 2015, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board, Finance Committee, Town Manager and any other Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or 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 Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2015 -24 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended by Article 8 of the Special Town Meeting of September 29, 2014 and by Article 5 of the Subsequent Town Meeting of November 10, 2014; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ShN ARTICLE 5 To see if the Town will vote to amend the Reading Home Rule Charter as shown herein, subject to approval by the voters at a local election: Town of Reading Massachusetts Home Rule Charter S6-5, Town of Reading Home Rule Charter Preamble Table of Contents ARTICLE 1 EXISTENCE, AUTHORITY AND DEFINITIONS 1.1 Incorporation .............................................................................. ............................... 1.2 Division of Powers ..................................................................... ............................... 1.3 Powers of the Town - Intent of the Voters ................................. ............................... 1.4 Interpretation of Powers ............................................................ ............................... 1.5 Intergovernmental Relations ..................................................... ............................... 1.6 Definitions ..................................... ............................... ARTICLE 2 REPRESENTATIVE TOWN MEETING 2.1 Composition .......................................................................................... ............................... 2.2 Realignment of Precincts ..................................................................... ............................... 2.3 Town Meeting Membership .................................................................. ............................... 2.4 Town Meeting Sessions ....................................................................... ............................... 2.5 Nomination Procedures ........................................................................ ............................... 2.6 Vacancies ............................................................................................. ............................... 2.7 Precinct Meetings ................................................................................. ............................... 2.8 Compensation ...................................................................................... ............................... 2.9 Presiding Officers ................................................................................. ............................... 2.10 Clerk of the Town Meeting ................................................................... ............................... 2.11 Participation by Non -Town Meeting Members ..................................... ............................... 2.12 Establishment of Standing Committees ............................................... ............................... 2.13 Warrant Articles .................................................................................... ............................... 2.14 Meetings ............................................................................................... ............................... 2.15 Referendum Procedures .............................................................. ............................... . ARTICLE 3 ELECTED OFFICERS AND BOARDS OR COMMITTEES 3.1 General Provisions ......................................................................................... ............................... 3.2 Board of Selectmen ........................................................................................ ............................... 3.3 School Committee .......................................................................................... ............................... 3.4 Board of Library Trustees ............................................................................... ............................... 3.5 Municipal Light Board of Commissioners ....................................................... ............................... 3.6 Moderator ....................................................................................................... ............................... ARTICLE 4 APPOINTED BOARDS OR COMMITTEES 4.1 Board of Assessors ........................................................................................ ............................... 4.2 Board of Cemetery Trustees .......................................................................... ............................... 4.3 Board of Commissioners of Trust Funds ........................................................ ............................... 4.4 Board of Health ............................................................................................... ............................... 4.5 Community Planning and Development Commission .................................... ............................... 4.6 Conservation Commission ............................................................................. ............................... 4.7 Council on Aging ............................................................................................ ............................... 4.8 Historical Commission .................................................................................... ............................... 4.9 Housing Authority ........................................................................................... ............................... 4.10 Recreation Committee .................................................................................... ............................... 4.11 Town Forest Committee ................................................................................. ............................... 4.12 Zoning Board of Appeals ................................................................................ ............................... 4.13 Charter Review Committee ............................................................................ ............................... 4.14 Other Boards or Committees .......................................................................... ............................... 4.15 Associate Membership ................................................................................... ............................... 4 !I Sb Town of Reading Home Rule Charter Preamble ARTICLE 5 TOWN MANAGER 5.1 Appointment, Qualifications, and Term ........................ 5.2 Powers and Duties ........................ ............................... 5.3 Ombudsman .................................. ............................... 5.4 Acting Town Manager ................... ............................... 5.5 Removal Procedures ..................... ............................... ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6.1 Organization of Town Agencies .... ............................... 6.2 Town Counsel ................................ ............................... 6.3 Town Accountant ........................... ............................... 6.4 Town Treasurer ............................. ............................... 6.5 Town Collector ............................... ............................... 6.6 Town Clerk ARTICLE 7 BUDGET AND CAPITAL IMPROVEMENTS PROGRAM 7.1 Fiscal Year .............................................................................................. ............................... 7.2 Submission of Proposed Budget ............................................................ ............................... 7.3 School Committee Budget ...................................................................... ............................... 7.4 Budget Message ..................................................................................... ............................... 7.5 The Proposed Budget ............................................................................ ............................... 7.6 Action on the Budget .............................................................................. ............................... 7.7 Capital Improvements Program .............................................................. ............................... ARTICLE 8 GENERAL PROVISIONS 8.1 Charter Changes .................................................................................... ............................... 8.2 Severability ............................................................................................. ............................... 8.3 Specific Provisions Prevail ..................................................................... ............................... 8.4 References to Massachusetts General Laws ......................................... ............................... 8.5 Computation of Time .............................................................................. ............................... 8.6 Number and Gender ............................................................................... ............................... 8.7 Rules and Regulations ........................................................................... ............................... 8.8 Procedures of Boards or Committees .................................................... ............................... 8.9 Elections ................................................................................................. ............................... 8.10 Vacancies on Boards or Committees ..................................................... ............................... 8.11 Recall Procedures .................................................................................. ............................... 8.12 Removal of Appointees .......................................................................... ............................... 8.13 Resignation of Town Officers ................................................................. ............................... 8.14 Town Seal ............................................................................................... ............................... ' Sb� Town of Reading Home Rule Charter Preamble Preamble We, the people of Reading, in order to re- establish our individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent in the Home Rule Amendment to the Constitution of the Commonwealth of Massachusetts, do hereby adopt the following Home Rule Charter for the Town of Reading. Sbb Town of Reading Home Rule Charter Preamble ARTICLE 1 EXISTENCE AND AUTHORITY 1.1 Incorporation The inhabitants of the Town of Reading, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "Town of Reading." 1.2 Division of Powers The administration of all the fiscal, prudential and municipal affairs of the Town shall be vested in an executive branch headed by a Board of Selectmen and a Town Manager. A representative Town Meeting shall exercise -all legislative powers of the Town. 1.3 Powers of the Town - Intent of the Voters It is the intent and the purpose of the voters of the Town of Reading, through the adoption,of the Charter, to secure for the Town all of the powers possible to secure under the Constitution and statutes of the Commonwealth of Massachusetts, as fully and as completely as though each such power were specifically and individually enumerated herein. 1.4 Interpretation of Powers The powers of the Town under the Charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as set forth in Section 1.4. 1.5 Intergovernmental Relations The Town, acting by and through its Board of Selectmen, may enter into agreements with any other unit of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions. 1.6 Definitions Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the Charter shall have the following meanings: Board or Committee — The term "board or committee" shall mean any board, committee, commission or council of the Town however created, elected, appointed or otherwise constituted. Charter — The term "Charter" shall mean the Town of Reading Home Rule Charter. Ex officio - The term "Ex officio" shall refer to a member of any board or committee who serves, by virtue of his office or position. A person serving as an ex officio member of more than one board or committee shall not be required to take an additional oath of office to serve in such capacity. Library — The term "Library" shall mean the Reading Public Library and any branch or branches that may be established thereof. Local News Medium — The term "local news medium" shall mean a newspaper or other means or channel of information communication to which the general public has access within the Town. Majority Vote - As applied to the Town Meeting and Committees thereof the term "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. As to all other boards or committees, the affirmative vote of a majority of all its membership shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. Precinct — The term "precinct' shall mean the areas into which the Town is divided for the purpose of electing Town Meeting Members. Town - The term "Town" shall mean the Town of Reading. 7 J�b q Town of Reading Home Rule Charter Preamble Town Agency - The term "Town Agency" shall mean any board or committee, department or office of the Town however created, elected, appointed or otherwise constituted. Town Meeting - The term "Town Meeting" shall mean the representative Town Meeting of the Town, established by Article 2. Town Officer - The term "Town Officer' shall mean an elected or appointed official of the Town who, in the performance of his duties of office, exercises some portion of the sovereign power of the Town, whether great or small; provided, however, that the term shall not include a Town Meeting Member; and provided further that a person may be a Town Officer whether or not he receives any compensation for his services. Voters - The term "Voters" shall mean registered voters of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] ARTICLE 2 REPRESENTATIVE TOWN MEETING 2.1 Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety-two (192) members from eight (8) precincts who shall be elected by the voters in each precinct in accordance with all applicable elections laws. Each precinct shall be equally represented in Town Meetings by members elected so that the term of office of one -third of the members shall expire each year. 2.2 Realignment of Precincts When required by law or every ten (10) years, the Selectmen shall review and, if necessary, redivide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be continuous and as compact as possible. The territory of each precinct shall be defined as near as possible by the center line of known streets or other well- defined limits. Within ten (10) days of any precinct revision, the Selectmen shall file a report on the revisions with the Town Clerk, the Registrars of Voters and the Assessors. The report shall include a map(s) and a list of the inhabitants' names and addresses. The Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. The revision shall be effective on the date it is filed with the Town Clerk, and the Clerk shall notify the Secretary of State of the revision in writing. Any town wide election shall be held at the same time for each precinct at a place or places designated by the Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.3 Town Meeting Membership The registered voters in every precinct shall elect Town Meeting Members in accordance with all applicable election laws. Whenever any precincts are revised, the registered voters shall elect twenty - four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the next eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. sk/o Town of Reading Home Rule Charter Preamble In the event of a tie, ballot position shall determine the order of finish. At each Annual Election thereafter, the registered voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant terms. After the revision of precincts, the term of office of all Town Meeting Members from the revised precincts shall cease upon the election of their successors. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election by mail. In the event of a tie write -in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining Town Meeting Members of the precinct, from the write -in candidates whose write -in votes were tied. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at least seven (7) days in advance and shall publish legal notice in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the entire remainder of the term. [Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 2002] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.4 Town Meetino Sessions All representative Town Meeting sessions shall be limited to the Town Meeting Members elected pursuant to Section 2.3, together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting Members of the time and place at which representative Town Meeting sessions are to be held, the notices to be sent at least seven (7) days before the meeting. The Town Meeting Members shall be the judges of the election and qualification of their members. A majority of the Town Meeting Members shall constitute a quorum for doing business. However, a smaller number may organize temporarily and may adjourn from time to time, but no Town Meeting shall adjourn over the date of an election of Town Meeting Members. All Town Meeting sessions shall be public. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.5 Nomination Procedures Nomination of candidates for Town Meeting Member to be elected under this Charter shall only be made by nomination papers bearing no political designation and signed by not less than ten (10) registered voters from the candidate's precinct. Nomination papers must be filed with the Town Clerk at least twenty -eight (28) days before the election and must be signed by the candidate to be valid. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.6 Vacancies A Town Meeting Member may resign by filing a written notice with the Town Clerk which shall take effect on the date filed. A Town Meeting Member who moves from the Town shall cease to be a Town Meeting Member. A Town Meeting Member who moves from the precinct from which he was elected to another precinct, may serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to take his oath of office within thirty (30) days following his notice of election, or fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of Town Meeting. The Selectmen shall place an Article in the Annual Town Meeting Warrant to remove any such person. The Town Clerk must notify any such person that he may be removed under this section at least seven (7) days in advance of the Annual Town Meeting. Notice shall be mailed to his last known address. In the event of a tie write -in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining members of the precinct from the write -in candidates whose write -in votes were tied. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting members of the 9 Sbu Town of Reading Home Rule Charter Preamble precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice to precinct Town Meeting members at least 7 days in advance of the meeting, and shall also publish notice of the meeting in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the remainder of the term Chapter 57 of the Acts of 2002. Any vacancy of a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining members of the precinct. The balance of any unexpired term shall be filled at the next Annual Town Election. The Town Clerk shall give notice of any vacancy to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of temporarily filling any vacancies. The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at least seven (7) days in advance and shall publish legal notice in a community newspaper of general circulation. At any precinct meeting, a majority shall constitute a quorum. A majority of votes cast at precinct meetings shall be sufficient to fill vacancies, elect a Chairman and a Clerk or conduct any order of business. The Chairman and Precinct Clerk shall certify any election of the precinct and transmit written acceptance of any person elected Town Meeting Member to the Town Clerk. [Amended by Chapter 57 of the Acts of 2002] 2.7 Precinct Meetings Each precinct shall meet at least annually and shall elect a Chair and a Clerk. At any precinct meeting, a majority of the Town Meeting Members of the precinct shall constitute a quorum. A majority of votes cast at precinct meetings shall be sufficient to fill vacancies, elect a Chair or Clerk, or conduct other business. The Chair or Clerk shall certify any vote taken at a precinct meeting to the Town Clerk. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.8 Compensation Town Meeting Members shall serve without compensation. 2.9 Presiding Officer A Moderator, chosen in accordance with the provisions of Section 3.6 shall preside at all sessions of the Town Meeting. The Moderator shall regulate the proceedings of all Town Meeting sessions, decide all questions of order and make public declaration of all votes. He may also administer the oath of office to any Town Officer and to Town Meeting Members and shall perform other functions as provided by the Charter, the laws of the Commonwealth of Massachusetts, Town Bylaws, any Town Meeting vote or applicable laws. In the absence of the Moderator, the Town Meeting shall elect a Moderator pro tempore. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.10 Clerk of the Town Meeting The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the Town Clerk may designate a substitute; otherwise, the Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all Town Meetings to Town Meeting Members and to the public, keep the journal of Town Meeting proceedings, and perform such other functions as may be provided by the Charter, the laws of the Commonwealth of Massachusetts, Town Bylaws, any Town Meeting vote or other applicable laws. 2.11 Participation by Non -Town Meeting Members Subject to conditions that may be determined from time to time by Town Meeting Members, any person who is not a Town Meeting Member may be allowed to speak at any Town Meeting but shall not vote. 10 _�b 11, Town of Reading Home Rule Charter Preamble At the request of the Moderator or Town Meeting, any Town Officer or Department Head or his designee shall be present at any session of Town Meeting for the purpose of responding to questions of Town Meeting Members. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.12 Establishment of Boards or Committees The Town Meeting may establish boards or committees to which may be referred Warrant Articles for study, review and report in advance of the sessions of the Town Meeting. Such boards or committees shall be subject to Open Meeting Law. In establishing boards or committees, the Town Meeting shall provide for the appointment of members either by an appointment committee established for that purpose or by an existing board or committee. [Amended November 19, 2001 - Article 121 [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.12.1 Finance Committee There shall be a Finance Committee consisting of nine (9) voters of the Town, appointed for three year staggered terms so arranged that three (3) terms expire on June 30 each year. No Finance Committee Member shall serve for more than three (3) consecutive terms; provided, however, that an appointment to the Finance Committee to fill an unexpired term that has less than two (2) years remaining shall not be counted towards the three (3) consecutive terms. No Finance Committee Member shall be an elected or appointed Town Officer or an employee of the Town. A Finance Committee Member may be an elected Town Meeting Member but shall serve on no other standing committee. Finance Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one (1) vote, the Chairman of the Board of Selectmen who shall have one (1) vote, and the Chairman of the Finance Committee who shall have one (1) vote. Any vacancy on the Finance Committee shall be filled by the Appointment Committee. The Finance Committee shall have all the powers and duties granted to Finance Committees under the laws of the Commonwealth of Massachusetts, Town Bylaw, any Town Meeting vote and other applicable laws. In addition to these powers, the Finance Committee shall have the power to investigate the books, accounts, records and management of any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance Committee shall report its findings, approval or disapproval on all Articles that involve the expenditure of funds in the Warrant in writing to Town Meeting. Such a report shall not preclude further action or reconsideration by the Finance Committee. The Finance Committee shall take reasonable action to provide its findings to Town Meeting in writing at least seven (7) days before Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.12.2 Bylaw Committee There shall be a Bylaw Committee consisting of five (5) voters of the Town, appointed for three (3) year staggered terms expiring on June 30. Bylaw Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one (1) vote, the Chair of the Board of Selectmen who shall have one (1) vote, and the Chair of the Bylaw Committee who shall have one (1) vote. The Appointment Committee shall fill any vacancy on the Bylaw Committee. 11 s�i� Town of Reading Home Rule Charter Preamble The Bylaw Committee may propose and shall consider Town Meeting Warrant articles offering changes in the Bylaws or Charter, petitions for special acts, or local acceptance of State Statutes that are subject to Town Meeting acceptance; and shall report its findings on all such Articles in writing to Town Meeting. Such a report shall not preclude further action or reconsideration by the Bylaw Committee. The Bylaw Committee shall take reasonable action to provide its findings to Town Meeting in writing at least seven (7) days before Town Meeting. The Bylaw Committee within one (1) year of any adopted changes to the Charter shall propose all needed revisions to the General Bylaw. The Bylaw Committee shall review the General Bylaw at least every ten (10) years and present a report with and recommended changes to Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.12.3 Rules Committee There shall be a Rules Committee, chaired by the Moderator who shall be a non - voting member, and consisting of the Precinct Chairs. The Rules Committee may, from time to time review all aspects of the operation of Town Meeting, and make a Report in writing to Town Meeting setting forth its findings, recommendations, and proposals for rules governing the conduct of Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.13 Warrant Articles Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on a Warrant therefor issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants all subjects submitted by: a) any two (2) or more members of the Board of Selectmen; b) any elected or appointed Town board or committee; c) any ten (10) or more voters for the Annual or Subsequent Town Meeting as defined in Section 2.15; d) any one hundred (100) or more voters for a Special Town Meeting; or e) any other person or entity as may be authorized by Bylaw or otherwise. All subjects timely submitted to the Board of Selectmen under this section shall be placed on a Warrant for the next scheduled Annual, Subsequent or Special Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 Promptly upon receipt by the Board of Selectmen of any subject for a Town Meeting Warrant Article, a copy of the Article shall be available for inspection and distributed as may be required by Bylaw. Additional copies shall be made available for inspection in the Office of the Town Clerk. 2.14 Meetinas The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held during the first six calendar months at a time fixed by Bylaw, and shall be primarily concerned with the determination of matters that have a fiscal impact on the Town including the adoption of an annual operating budget for all Town Agencies (excluding the Reading Municipal Light Department). A Subsequent Town Meeting shall be held during the last three calendar months at a time fixed by Bylaw. In addition to the two meetings required by this section, the Board of Selectmen may call a Special Town Meeting into session at other times by the issuance of a Warrant therefor as it deems necessary or appropriate for the purpose of acting upon the legislative business of the Town in an orderly and expeditious manner. The Board of Selectmen shall call a Special Town Meeting upon the receipt of a petition with two hundred (200) or more signatures of registered voters as certified by the Town Clerk. 12 ,�b�i Town of Reading Home Rule Charter Preamble 2.15 Referendum Procedures No final affirmative vote of a Town Meeting on any Warrant Article shall be effective until after the expiration of seven (7) days following the dissolution of the Town Meeting except: (a) votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year; (b) votes for the temporary borrowing of money in anticipation of revenue; or (c) a vote declared by a preamble, and adopted by a two- thirds (2/3) vote of the Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed within the said seven (7) days, the remaining votes of the Town Meeting shall then become effective. [Amended November 15, 2004 -Article 16 and approved by vote of the Town on April 5, 2005] 2.15.1 Referendum Petition — If, within said seven (7) days, a referendum petition signed by not less than three percent (3 %) of the voters certified by the Registrars of Voters containing their names and addresses is filed with the Board of Selectmen requesting that any of the remaining affirmative votes of Town Meeting be submitted to the voters in the form of a ballot question, then the effectiveness of such Town Meeting vote shall be further suspended pending its determination as provided herein. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election to be held within thirty (30) days or such longer period as may be required by law after issuing the call, for the purpose of presenting such ballot question to the voters; provided, however, that if a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that such ballot question be presented to the voters at that Election. 2.15.2 Form of Referendum Petition /Ballot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: "Shall the Town vote to approve the action of the representative Town Meeting whereby it was voted on (insert date of Town Meeting) to (insert complete language of the vote in the same form in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting) "? The circulator(s) of the referendum petition may make multiple copies of the petition form, but such copies must be exact duplicates thereof, and the petition form may not be altered in any way. No extraneous markings, such as underlines, highlighting, erasures, marking out or insertion of words or other information, shall be allowed on any area of the petition form or any copy therof. Any such extraneous markings on, or alterations of the petition form or any copy therof, and any copies of the petition form that are not exact duplicates shall be invalid and no signatures contained thereon shall be counted toward the required number. For the purpose of this prohibition, the term "extraneous markings" de shall not include signatures, names or addresses. Each petition form shall include language informing voters that additional markings will disqualify the signatures on the petition form; that for their signature to be counted, they must be a registered voter of the Town of Reading; that their signature shall be written in the same form as they are registered; that they should not sign the petition and any copy therof more than once; and that, if they are prevented by physical disability from writing, they may authorize some person to write their name and address in their presence. The back of each petition form where signature lines appear shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side." Upon request, the Town Clerk shall provide a Town referendum petition /ballot question form with the final article language voted at Town Meeting. The Town Clerk shall deliver sufficient copies according to the laws of the Commonwealth of Massachusetts. 56is Town of Reading Home Rule Charter In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. 2.15.2 Election - Any ballot question submitted in accordance with the procedure set forth herein shall be determined by majority vote thereon, but no action of the Town Meeting shall be reversed unless at least twenty percent (20 %) of the voters cast ballots on the ballot question. [Amended November 15, 2010 -Article 16] ARTICLE 3 ELECTED OFFICERS AND BOARDS OR COMMITTEES 3.1 General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Library Trustees, Municipal Light Board of Commissioners, Moderator and such members of regional authorities or districts as may be established by statute, intergovernmental agreement executed pursuant to Section 1.6 or otherwise. Only a registered voter of the Town shall be eligible to hold any elective town office, but no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Elected Town Officers shall receive no compensation unless specifically voted by Town Meeting. The Town Officers named in this Article shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. 3.2 Board of Selectmen There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen under the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may provided by the Charter, by Bylaw, or by Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town Accountant, not more than five (5) Constables, and any other appointed board or committee member for whom no other method of selection is provided by the Charter or by Bylaw. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Selectmen or its designee shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. 3.3 School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The School Committee shall have all of the powers and duties given to School Committees under the Constitution and General Laws of the Commonwealth of Massachusetts and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. Preamble 14 S�) b Town of Reading Home Rule Charter Preamble [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. The School Committee shall also appoint a Superintendent of Schools and shall define his duties and terms of employment. 3.4 Board of Library Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have all of the powers and duties given to Board of Library Trustees under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. The Board of Library Trustees shall have control over the selection of Library materials, and shall have custody and management of the Library and of all property of the Town related thereto,; provided, however, that the Town Manager or his designee shall have responsibility for the maintenance of the Library building and grounds. The Board of Library Trustees shall also appoint a Library Director and shall define his duties and terms of employment, subject to the personnel policies and classification and compensation plans established by the Board of Selectmen. The Board of Library Trustees shall administer all money or property that the Town may receive on behalf of the Library by gift or bequest in accordance with the provisions of such gift or bequest. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 3.5 Municipal Liaht Board of Commissioners There shall be a Municipal Light Board of Commissioners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have all the powers and duties given to cities and towns in respect to municipal lighting plants under Massachusetts General Laws Chapter 164 Section 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by the Charter, by Bylaw, or by Town of Reading Town Meeting vote. The Municipal Light Board of Commissioners shall hire the General Manager of the Municipal Light Department and set his duties and terms of employment. The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of the Municipal Light Department and appoint Counsel to the Municipal Light Department. The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager. The Municipal Light Board of Commissioners shall approve warrants for payments of all bills and payroll of the Municipal Light Department and shall approve all contracts which are at or above the competitive sealed bid procedures level as stated in Massachusetts General Laws Chapter 30B Section 5 and, further, all contracts shall be made in accordance with Massachusetts General Laws Chapter 30B. Contracts for purchasing of power shall not be subject to Massachusetts General Laws Chapter 30B but shall be approved by the Municipal Light Board of Commissioners. The Municipal Light Board of Commissioners shall employ the Auditor appointed by the Town of Reading Audit Committee. Town of Reading Home Rule Charter Preamble The Municipal Light Board of Commissioners shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board of Commissioners. After the Municipal Light Board of Commissioners has approved an annual operating budget and Capital Improvements Program, it will present them to the Town of Reading Finance Committee and Town of Reading Town Meeting. Upon request of any of the other towns served by the Municipal Light Department, the Municipal Light Board of Commissioners shall make a presentation to the Finance Committee and /or Town Meeting of any such town(s). [Amended April 28, 2003 - Article T] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 3.6 Moderator There shall be a Moderator elected for a one (1) year term. The Moderator shall have all of the powers and duties given to Moderators under the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. The Moderator shall not simultaneously serve as an elected Town Meeting Member or in any other elected Town office. ARTICLE 4 APPOINTED BOARDS OR COMMITTEES 4.1 Board of Assessors There shall be a Board of Assessors consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Assessors shall have all the powers and duties given to Boards of Assessors by Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw or by Town Meeting vote. The elected members of the Board of Assessors serving at the time this section first becomes effective may continue to serve in office until their elected terms expire, unless reappointed for an additional term or terms pursuant to this section. [Amended November 30, 1989 - Article 36 and approved by vote of the Town on March 19, 1990] 4.2 Board of Cemetery Trustees There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by the Board of Selectmen for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Cemetery Trustees shall have the powers and duties given to Boards of Cemetery Trustees under the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.3 Board of Commissioners of Trust Funds There shall be a Board of Commissioners of Trust Funds consisting of five (5) members. Three (3) shall be appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one of its members to serve as a full voting member ex officio, and the Town Treasurer shall serve as a full voting member ex officio. 16 sbiC'� Town of Reading Home Rule Charter Preamble The Board of Commissioners of Trust Funds shall have all the powers and duties given to them by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.4 Board of Health There shall be a Board of Health consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Health shall have all of the powers and duties given to Boards of Health under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. 4.5 Community Planning and Development Commission There shall be a Community Planning and Development Commission consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The Community Planning and Development Commission shall have all of the powers and duties given to Planning Boards, Boards of Survey and Industrial Development Commissions under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. The Community Planning and Development Commission shall have the power to regulate the subdivision of land within the Town by the adoption of Rules and Regulations pertaining thereto. The Community Planning and Development Commission shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town; and shall report annually to the Town giving information regarding the physical condition of the Town, and any plans or proposals known to it affecting the resources, physical development and needs of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.6 Conservation Commission There shall be a Conservation Commission consisting of seven (7) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Conservation Commission shall have all the powers and duties given to Conservation Commissions by the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. 4.7 Council on Minna There shall be a Council on Aging consisting of ten (10) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. 4.8 Historical Commission The Board of Selectmen shall appoint the Historical Commission and determine the number of members and their term of appointment, not to exceed three (3) years The Historical Commission shall have all the powers and duties given to Historical Commission by Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. 17 jq Town of Reading Home Rule Charter Preamble 4.9 Housina Authority There shall be a Housing Authority consisting of five (5) members. Four (4) members shall be appointed by the Board of Selectmen, and the fifth (5th) member shall be a resident of the Town, appointed by the Commonwealth of Massachusetts or as otherwise provided by law. Housing Authority Members shall serve for five (5) year terms so arranged that one (1) term shall expire each year. The Housing Authority shall have all of the powers and duties given to housing authorities under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by other Town Meeting vote. 4.10 Recreation Committee There shall be a Recreation Committee consisting of nine (9) members, eight (8) appointed by the Board of Selectmen, and one (1) appointed by the School Committee for three (3) year terms so arranged that three (3) terms shall expire each year. The Recreation Committee shall have all the powers and duties given to them by the Board of Selectmen, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. The Recreation Committee shall be responsible for the evaluation of recreational program activities, formulation of overall plans for the recreational program development, and for the scheduling of Town parks and recreational facilities when not in use by the School Department. 4.11 Town Forest Committee The Board of Selectmen shall appoint the Town Forest Committee and determine the number of members and their term of appointment, not to exceed three (3) years. The Town Forest Committee shall have all the powers and duties given to Town Forest Committees by the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, by the Board of Selectmen or by Town Meeting vote. 4.12 Zoning Board of Appeals There shall be a Zoning Board of Appeals consisting of five (5) members and two (2) associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Zoning Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Massachusetts General Laws and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. [Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 2006] 4.13 Charter Review Committee At least every ten (10) years a special Committee consisting of nine (9) members shall be established for the purpose of reviewing the Charter and to making a report, with recommendations to the Town Meeting concerning any proposed amendments that said Committee may determine to be necessary or desirable. The Committee shall consist of one (1) member of the Board of Selectmen or designee, one (1) member of the School Committee or designee, one (1) member of the Board of Library Trustees or designee, one (1) member of the Municipal Light Board of Commissioners or designee, the Moderator, one (1) member of the Bylaw Committee and three (3) Town Meeting members to be appointed by the Moderator. 4.14 Other Boards or Committees Any of the elected boards or committees as listed in Article 3 of the Charter may establish and appoint or dissolve boards or committees from time to time for a specific purpose. Such boards or 18 02,0 Town of Reading Home Rule Charter Preamble committees shall be appointed in accordance with the process detailed in Section 8.11, and members shall physically reside in the Town of Reading at the time of their appointment and during their term of office. The appointing authority shall report the purpose, membership and contact information of said board or committee to the Town Clerk in advance of the first meeting of said board or committee. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 [Amended November 15, 2010 - Article 15 and approved by vote of the Town on April 6, 2010] 4.15 Associate Membership All appointed boards or committees under Article 4 may have Associate Members if specified in the Bylaw or Charter provision defining the membership of such bodies. Associate Members are to be appointed to the various appointed boards or committees by the appointing authority responsible for appointing individuals to the particular boards or committees. All rules and regulations relating to Associate Membership on an appointed boards or committees shall be set forth aFe to be in the Bylaw or Charter provision defining the conduct of such bodies. Associate Members cannot vote on any issue to be decided by the board or committee to which the individual is appointed as an Associate Member except as allowed by Massachusetts General Laws or by rules and regulations set by the Appointing Authority. In no case shall an Associate Member vote on any issue if he has served as an Associate Member for less than one hundred and eighty days (180) prior to the taking of the vote except as allowed by Massachusetts General Laws. ARTICLE 5 TOWN MANAGER 5.1 Appointment, Qualifications and Term The Board of Selectmen shall appoint a Town Manager, who shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract, for a term not to exceed three (3) years, setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. The Town Manager's employment contract shall be in accordance with and subject to the provisions of the Charter and shall prevail over any conflicting provision of any personnel bylaw, rule, or regulation. The Town Manager's compensation shall not exceed the amount annually appropriated for that purpose. The Town Manager shall devote full time to his office and, except as expressly authorized by the Board of Selectmen, shall not engage in any other business or occupation, Except as expressly provided in the Charter, shall not hold any other public elective or appointive office in the Town; provided, however, that, with the approval of the Board of Selectmen, the Town Manager may serve as the Town's representative to regional boards or commissions, or similar entities, but shall not receive any additional salary from the Town for such services. Upon the termination of the Town Manager's appointment, whether voluntary or otherwise, he may receive termination pay as determined by the Board of Selectmen, not to exceed twelve (12) month's salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager shall provide the Board of Selectmen a minimum of sixty (60) days written notice of intent to leave. This benefit will not be available if the Town Manager is terminated for cause. [Amended November 10, 1997 - Article 7 and approved by vote of the Town on March 24, 1998] 19 _5 b 2A Town of Reading Home Rule Charter Preamble [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 21, 2011 - Article 28 and approved by vote of the Town on March 6, 20121 5.2 Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager's powers and duties shall include: 5.2.1 To supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by Bylaw, by Town Meeting vote, or by the Board of Selectmen, including all officers appointed by him and their respective departments. 5.2.2 To appoint, and remove, subject to the civil service laws where applicable, the Police Chief, Fire Chief, Appraiser and all employees for whom no other method of appointment is provided in the Charter, except persons serving under the School Committee, Municipal Light Board of Commissioners or Board of Library Trustees, and appointments made by the representatives of the Commonwealth of Massachusetts. The Town Manager's appointment of the Police Chief and Fire Chief shall be subject to confirmation by the Board of Selectmen. The Town Manager's appointment of the Appraiser shall be subject to confirmation by the Board of Assessors. 5.2.3 To administer all personnel policies, practices and related matters for all municipal employees as established by any compensation plan, personnel policy guide or Bylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. 5.2.4 To fix the compensation of all Town officers and employees appointed by him within the limits established by applicable appropriations; and any compensation plan adopted by the Town Meeting. 5.2.5 To attend all regular and special meetings of the Board of Selectmen, unless excused at his own request, and to have a voice, but no vote, in all discussions. 5.2.6 To attend all sessions of the Town Meetings and to answer all questions directed to him that are related to his office. 5.2.7 To see that all of the provisions of the Massachusetts General Laws, of the Charter, of the Bylaw of Town Meeting votes, and of votes of the Board of Selectmen that require enforcement by him; or Town Officers and employees subject to his direction and supervision; are faithfully carried out. 5.2.8 To prepare and submit a proposed Annual Operating Budget and a proposed Capital Improvements Program as provided in Article 7. 5.2.9 To ensure that a full and complete record of the financial and administrative activities of the Town is kept and to render a full report to the Board of Selectmen at the end of each fiscal year and at such other times as may be required by the Board of Selectmen. 5.2.10 To keep the Board of Selectmen fully informed as to the financial condition and needs of the Town and to make such recommendations to the Board of Selectmen as he may deem necessary or appropriate. 5.2.11 To have full responsibility for the rental and use of all Town facilities, except those under the care, custody, management and control of the School Committee, the Board of Library Trustees, the Municipal Light Board of Commissioners, or other boards or committees specified by Bylaw or Town Meeting vote. He or his designee shall be responsible for the maintenance and repair of all Town property under his control. 5.2.12 To inquire into the conduct of any Town Officer, employee or department under his control. 20 5 �Zz. Town of Reading Home Rule Charter Preamble 5.2.13 To keep a full and complete inventory of all real and personal property of substantial value belonging to the Town. 5.2.14 To serve as Chief Procurement Officer pursuant to the provisions of Chapter 30B of the Massachusetts General Laws and to be responsible for purchasing all supplies, materials, equipment, goods and services, except those of the School Committee and the Municipal Light Board of Commissioners; to negotiate and approve the award of all contracts for all departments and activities of the Town except those of the School Committee and Municipal Light Board of Commissioners; to examine the services performed for any Town Agency pursuant to any such contract; and to examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies, equipment or goods delivered to or received by any Town Agency. 5.2.15 To serve as Chief Procurement Officer pursuant to the provisions of Chapter 30B of the Massachusetts General Laws and to be responsible for purchasing all supplies, materials, equipment, goods and services, except those of the School Committee and the Municipal Light Board of Commissioners; to negotiate and approve the award of all contracts for all departments and activities of the Town except those of the School Committee and Municipal Light Board of Commissioners; to examine the services performed for any Town Agency pursuant to any such contract; and to examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies, equipment or goods delivered to or received by any Town Agency. 5.2.16 To approve any warrants for the payment of Town funds prepared by the Accountant in accordance with the provisions of the Massachusetts General Laws; provided, however, that the approval of any such warrant by the Town Manager shall be sufficient authority to authorize payment by the Town Treasurer, and provided further that the Board of Selectmen shall approve such warrants in the event of a vacancy in the office of Town Manager. 5.2.17 To serve as the Executive Officer of the Town for the purposes of Chapter 258 of the Massachusetts General Laws. 5.2.18 To perform any other duties required of him by the Charter, by Bylaw, by Town Meeting vote, or by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.3 Ombudsman The Town Manager shall appoint a Town employee to act as an Ombudsman to all citizens in their day -to -day contacts and dealings with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to direct the citizens to the proper Town Officer, board or committee to deal with the issue or concern of the citizen; (b) to set up appointments for citizens to meet with directors, department heads and boards as appropriate; (c) to provide citizens with access to public information within the Town and; (d) to otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.4 Acting Town Manager (a) Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified Town officer or employee to serve as acting Town Manager during any temporary absence anticipated not to exceed ten (10) working days. Town of Reading Home Rule Charter Preamble (b) Long -Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of ten (10) working days, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the Town Manager returns. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] (c) Vacancy - When the office of Town Manager is vacant, or the Town Manager is under suspension as provided in Section 5 -5, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the vacancy is filled or the suspension has been terminated. In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred twenty (120) days. (d) Term - No appointment of an Acting Town Manager may exceed ten (10) working days whereupon the appointment may be renewed or another Acting Town Manager appointed. (e) Powers - The powers of an Acting Town Manager are limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.5 Removal Procedures The Board of Selectmen may remove the Town Manager from office as follows: 5.5.1 Notice — By affirmative vote of a majority of its members, the Board of Selectmen may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty -five (45) days. A copy of the resolution shall be delivered to the Town Manager forthwith following its adoption. 5.5.2 Public Hearing - Within five (5) days after the delivery of the preliminary resolution of removal, the Town Manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the Board of Selectmen. The hearing shall be convened by the Board of Selectmen not less than twenty (20) nor more than thirty (30) days after a request is filed. Not less than five (5) days prior to such hearing, written notice thereof shall be given to the Town Manager at his last known address. The time limitations set forth herein may be waived in writing by the Town Manager. The Town Manager shall be entitled to file a written statement with the Board of Selectmen responding to the reasons cited for the proposed removal, provided the same is received by the Board of Selectmen not less than forty-eight (48) hours in advance of the time set for the commencement of the public hearing. The Town Manager may be represented by counsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.5.3 Removal - If the Town Manager does not request a public hearing, then upon the expiration of ten (10) days from the date of delivery to him of the preliminary resolution of removal, or if the Town Manager does request a public hearing, then five (5) days from the completion of the public hearing or forty-five (45) days from the date of the adoption of the preliminary resolution, whichever occurs later, the Board of Selectmen may by a vote of a majority of its members adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within the time limitations provided in this section shall nullify the preliminary resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the Board of Selectmen. The Town Manager shall continue to receive his salary until a final resolution of removal has become effective. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 22 �/ � IV Town of Reading Home Rule Charter Preamble ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6.1 Organization of Departments. Agencies and Offices The organization of the Town into operating Town Agencies shall be accomplished through the establishment of a Table of Organization that presents the organization of all Town Agencies. Such table shall be prepared by the Town Manager in consultation with the Board of Selectmen and may be revised from time to time. [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] For the convenience of the public, the Table of Organization; shall be printed as an appendix to, but not as part of, the Bylaws of the Town. The Table of Organization shall also be published annually in the Town Report. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6.2 Town Counsel Appointment and Qualifications — The Board of Selectmen shall appoint a Town Counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Board of Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any Special Counsel employed by the Board of Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice. Powers and Duties — The Town Counsel shall provide legal advice, representation and litigation services to the Town, Town Agencies and Town Officers, as the Board of Selectmen or Town Manager may request or authorize. Vacancy — If the Town Counsel is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Counsel to hold such office and exercise the powers and perform the duties until the Town Counsel can resume his duties, or until another Town Counsel is duly appointed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6.3 Town Accountant Appointment, Qualification and Term of Office — There shall be a Town Accountant, appointed by the Board of Selectmen. The Town Accountant shall be qualified in accordance with State law, and shall have appropriate prior full time accounting experience as determined by the Board of Selectmen. The Town Accountant shall be appointed in March of every year for a one (1) year term to run from the first day of the following July and shall serve until the qualification of his successor. Should the Town Accountant position become vacant, the Board of Selectmen shall fill the vacancy in the same manner as an original appointment for the remainder of the unexpired term. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Powers and Duties — The Town Accountant shall be subject to the supervision of the Town Manager. In addition to the powers and duties conferred and imposed upon Town Accountants by the Massachusetts General Laws, his powers and duties shall include: (a) To prescribe the methods of installation and exercise supervision of all accounting records of Town Agencies and Town Officers; provided, however, that any change in the system of accounts shall be made only after consultation with the Town Manager and the Town agencies affected. 23 5 �2� Town of Reading Home Rule Charter Preamble (b) To establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, records, reports and procedures as they relate to accounting matters; and to prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town Agencies and employees. (c) To draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the appropriations of the Town Meeting and other accounts. (d) Prior to submitting any Warrant to the Town Manager, to examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town Agency or Town Officer. If, upon examination, it appears to the Town Accountant that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file with the Town Manager and Town Treasurer and Chairman of the Finance Committee a written report of his findings. (e) To be responsible for a continuous audit of all accounts and records of the Town wherever located. Vacancy — If the Town Accountant is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant can resume his duties, or until another Town Accountant is duly appointed. 6.4 Town Treasurer Appointment and Qualifications — There shall be a Town Treasurer, appointed by the Town Manager. The Town Treasurer shall be qualified in accordance with the Massachusetts General Laws. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Treasurer with those of the Town Collector, and the Town Manager may then appoint a Town Treasurer - Collector. Powers and Duties — In addition to the powers and duties conferred and imposed upon Town Treasurers by the Massachusetts General Laws, the powers and duties of the Town Treasurer include: (a) To supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town. (b) To be the custodian of all funds, moneys, securities or other things of value which are or have been given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, improvement or embellishment of any of the Town's cemeteries or burial lots therein -; to invest all sums held in trust as he determines to be appropriate after consultation with the Board of Commissioners of Trust Funds; and to distribute the income therefrom on the order of said Board. Vacancy — If the Town Treasurer is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Treasurer to hold such office and exercise the powers and perform the duties until the Town Treasurer can resume his duties, or until another Town Treasurer is duly appointed. 6.5 Town Collector Appointment and Qualifications — There shall be a Town Collector, appointed by the Town Manager. The Town Collector shall be qualified in accordance with the Massachusetts General Laws. 24 -5bx Town of Reading Home Rule Charter Preamble The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Collector with those of the Town Treasurer, and the Town Manager may then appoint a Town Treasurer - Collector. Powers and Duties — In addition to the powers and duties conferred and imposed upon Town Collectors by the Massachusetts General Laws, the powers and duties of the Town Collector shall include: (a) To be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town including taxes and fees, and shall act as the Town Collector of Taxes. (b) To report to the Town Manager at such times as he may direct or as he may deem appropriate, but at least semi - annually, as to all uncollected claims or accounts due or owing to the Town. Such reports shall include the Town Collector's recommendations as to whether suit should be instituted on behalf of the Town for the establishment or collection of any claim or account for the benefit of the Town. Vacancy — If the Town Collector is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Collector to hold such office and exercise the powers and perform the duties until the Town Collector can resume his duties, or until another Town Collector is duly appointed. 6.6 Town Clerk Appointment, Qualifications, Term of Office — There shall be a Town Clerk, appointed by the Town Manager.-The Town Clerk shall be qualified in accordance with the Massachusetts General Laws. Powers and Duties — The Town Clerk shall have all the powers and duties conferred and imposed upon Town Clerks by the Massachusetts General Laws or by the Bylaws of the Town of Reading. Vacancy — If the Town Clerk is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Clerk to hold such office and exercise the powers and perform the duties until the Town Clerk can resume his duties, or until another Town Clerk is duly appointed. ARTICLE 7 BUDGET AND CAPITAL IMPROVEMENTS PROGRAM 7.1 Fiscal Year The fiscal year of the Town shall begin on July first (1st) and end on June thirtieth (30th), unless another provision is made by the Massachusetts General Laws. 7.2 Submission of Proposed Budget At least four (4) months before the start of the fiscal year, and following consultation with the Board of Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents. He shall simultaneously provide for the publication in a local news medium of a general summary of the proposed budget, and a notice stating the times and places where complete copies of his proposed budget shall be available for examination by the public. [Amended November 21, 2011 - Article 29 and approved by vote of the Town on March 6, 2012] 7.3 School Committee Budget The budget requested by the School Committee shall be submitted to the Town Manager at least five (5) months before the start of the fiscal year to enable him to prepare the total Town budget pursuant to Section 7.2. 25 ��j•Z 7 Town of Reading Home Rule Charter Preamble Public Hearing — At least fourteen (14) days before the meeting at which the School Committee is to vote on its budget request, the School Committee shall cause to be published in a local news medium a general summary of such budget request. The summary shall indicate specifically any major variations from the current year's budget and the reasons for such variations and a notice stating (1) the times and places where complete copies of the budget shall be available for examination by the public, and (2) the date, time and place, not less than seven (7) nor more than fifteen (15) days following such publication, when a public hearing shall be held by the School Committee on the budget request. 7.4 Budaet Messaae The Budget Message submitted by the Town Manager shall explain the proposed budget for all Town agencies, both in fiscal terms and in terms of work programs and shall include a Table of Organization, as set forth in Section 6.1, that presents the organization of all Town Agencies at the time of submission of the Budget Message. 7.5 The Proposed Budaet The proposed budget shall provide a complete financial plan for all Town funds and activities; shall be balanced to the funds available; and shall present the budget as requested by the School Committee for the ensuing year. Except as may otherwise be required by the Massachusetts General Laws or by the Charter, the proposed budget shall be in the form that the Town Manager deems desirable. In his presentation of the budget, the Town Manager shall make use of modern concepts of fiscal presentation so as to furnish a high level of information and maximum financial control. The proposed budget shall show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections: (a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by Town Agency, function and work programs, and the proposed methods of financing such expenditures. (b) Proposed capital expenditures during the ensuing fiscal year, detailed by Town Agency, and the proposed method of financing each such capital expenditure. (c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes. (d) All encumbered funds from prior fiscal years. 7.6 Action on the Budget 7.6.1 Public Hearing — The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local news medium of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. 7.6.2 Finance Committee Meetings — The Finance Committee shall consider in public meetings the detailed expenditures for each Town Agency proposed by the Town Manager, and may confer with representatives of any such Town Agency in connection such considerations. The Finance Committee may require the Town Manager or any other Town Agency to provide such additional information as it deems necessary or desirable in furtherance of its responsibility. 7.6.3 Presentation to the Town Meeting — The Finance Committee shall file a report of its recommendations with the Town Clerk in sufficient time to be distributed to all Town Meeting Members at least fourteen (14) days before action on the budget Warrant Article is to begin. The budget to be acted upon by the Town Meeting shall be the budget as proposed by the Finance Committee; provided, however, that such budget may be amended by the Town Meeting. 26 � ,b - "8 Town of Reading Home Rule Charter Preamble 7.6.4 All Warrant Articles requiring an appropriation shall be considered and reported thereon by the Finance Committee. 7.7 Capital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. Such Capital Improvements Program shall contain: (a) A general summary of its contents; (b) A list of all capital improvements proposed to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement and (c) Cost estimates, methods of financing and recommended time schedules for each such capital improvement. The Capital Improvements Program may further contain the estimated annual cost of operating and maintaining each such capital improvement. This information may be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. ARTICLE 8 GENERAL PROVISIONS 8.1 Charter Chanaes This Charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the amendments to the Constitution of the Commonwealth of Massachusetts and Chapter 43B of the Massachusetts General Laws. Non - substantive changes to the numbering of the various Articles within the Charter shall be permitted in order that the numbering due to amendments thereto and other consequent renumbering changes resulting therefrom are in compliance with the numbering format of the Charter. [Amended November 19, 2001 - Article 11] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.2 Severability If any provision of the Charter shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Charter shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Section 1.4. 8.3 Specific Provisions Prevail To the extent that any specific provision of the Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail. 8.4 References to Massachusetts General Laws All references to the Massachusetts General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the Massachusetts General Laws enacted subsequent to the adoption of the Charter. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.5 Computation of Time In computing time under the Charter, if seven (7) days or less is specified, only days that Town Hall is open to the general public shall be counted; if more than seven (7) days is specified, every calendar day shall be counted. 27 Town of Reading Home Rule Charter Preamble 8.6 Number and Gender Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender shall include the feminine gender. 8.7 Rules and Regulations A copy of all Rules and Regulations adopted by any Town Agency shall be filed in the Office of the Town Clerk and made available for review by any person upon request provided, however, that such Rules and Regulations shall become effective ten (10) days following their adoption, whether or not they are so filed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.8 Procedures of Boards or Committees 8.8.1 Meetings — All boards or committees shall meet at such times and places in accordance with the Open Meeting Law and as they may, by their own rules, prescribe. Additional meetings of any board or committee shall be held on the call of the respective chair or by a majority of the members thereof. 8.8.2 Rules and Minutes - Each board or committee shall determine its own rules and order of business unless otherwise provided by the Charter or by Bylaw and shall provide for keeping minutes of its proceedings. Copies of these rules and minutes shall be publicly available in the Office of the Town Clerk and in the Library. 8.8.3 Voting - Except on procedural matters, all votes of all boards or committees shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. The affirmative vote of a majority of the number of members specified in the Charter or other action creating such board or committee shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. 8.8.4 Quorum - A majority of the number of members of a boards or committees specified in the Charter or other action creating such board or committee shall constitute a quorum thereof, but a smaller number may adjourn a board or committee meeting from time to time. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.9 Elections (a) Annual Town Elections - The election of Town Officers and Town Meeting Members, and referenda questions shall be acted upon and determined by voters on official ballots without party or other designation on the date fixed in the bylaws of the Town. (b) Procedures - All elections conducted pursuant to this Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. (c) Any town -wide election shall be held at the same time in each precinct at the place designated by the [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.10 Vacancies on Boards or Committees Whenever a new board or committee is established, or a vacancy occurs on any existing board or committee the appointing authority shall forthwith cause notice of the vacancy to be publicly available for not less than fifteen (15) days. Any person who desires to be considered for appointment to the position may, prior to the time the position is actually filled, file with the Town Clerk a statement setting forth his interest in and qualifications for the position. [Amended November 13, 1986 - Article 17 and approved by vote of the Town on March 23, 1987] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 28 �63 0 Town of Reading Home Rule Charter 8.11 Recall Procedures (a) Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. (b) Recall Petition - Two hundred and fifty (250) or more voters may file with the Town Clerk an affidavit containing the name of the officer whose recall is sought and a sworn statement of the grounds upon which the petition is based. At least twenty -five (25) names of voters shall be from each of the eight precincts into which the Town is divided. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the petitions to the Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. If the petitions contain sufficient signatures, the Town Clerk shall thereupon deliver to the first ten voters listed upon the affidavit, petition blanks in such number as requested demanding such recall, printed forms of which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated, shall be addressed to the Board of Selectmen, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to the said office. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. The recall petitions shall be returned and filed with the Town Clerk within twenty -one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses. However, not more than twenty-five percent (25 %) of the total number shall be from any one precinct. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] (c) Recall Election - If the petition shall be certified by the Town Clerk to be sufficient, he shall forthwith submit the same with his certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of such petition and certificate to the officer whose recall is sought by mailing the same postage prepaid to his address as shown on the most recent voting list and posting such notice on one or more of the Town Bulletin Boards. If said officer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty -five (35) nor more than sixty (60) days after the date of the Town Clerk's certificate of the sufficient petition. If, however, any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. (d) Nomination of Candidates - Any officer whose recall is sought may not be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of same shall all be in accordance with the provisions of law relating to elections. (e) Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated as required in Section 42 of Chapter 54 of the General Laws. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be Preamble 29 �b3) Town of Reading Home Rule Charter Preamble declared elected. If a majority of votes on the question is in the negative, the ballots for candidates need not be counted except as provided in (c) above. (f) Office Holder - The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this section. If he is recalled in the election, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. (g) Repeat of Recall Petition - No recall petition shall be filed against an officer within three (3) months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. 8.12 Removal of an Appointed Board or Committee Member 8.12.1 The appointing authority may remove an appointed member of a board or committee, provided that more than six (6) months remain in the member's term. The process for such removal may be initiated in any of three methods: (a) The appointing authority may, by majority vote, cause a notice of removal to be filed with the Town Clerk; (b) A board or committee may, by majority vote, submit a written request that the appointing authority remove one of its members, and specifying the grounds for such removal request in writing and causing a notice of removal to be filed with the Town Clerk; (c) One hundred (100) or more voters may file with the Town Clerk a petition requesting the removal of a member of a board or committee, specifying the grounds for such removal; provided, however, that, upon certification of sufficient valid signatures, the Town Clerk shall immediately notify the appointing authority thereof. 8.12.2 Public Hearing — A hearing shall be convened by the appointing authority not less than twenty (20) nor more than thirty (30) days after a notice or petition for removal is filed with the Town Clerk. Not less than five (5) days prior to such hearing, written notice thereof shall be given by the Town Clerk to the board or committee member at his last known address. The board or committee member shall be entitled to file a written statement with the appointing authority responding to the reasons cited for the proposed removal, not less than forty-eight (48) hours in advance of the time set for the commencement of the public hearing. The board or committee member may be represented by counsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. 8.12.3 Removal - The appointing authority may by majority vote, adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within thirty (30) days of the public hearing shall be deemed as no action taken. The action of the appointing authority in removing the board or committee member shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such removal in the appointing authority. The board or committee member shall continue to serve on the board or committee until a final resolution of removal has become effective. 8.13 Resignation of Town Officers Any person holding an elective or appointive office may resign his office by filing a resignation with the Town Clerk, and such resignation shall be effective immediately, unless a time certain is specified therein when it shall take effect. 30 �6 32 Town of Reading Home Rule Charter Preamble 8.14 Town Seal The Town Seal in existence at the time of adoption of the Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued from any office or board or committee of the Town may be attested by use of the Town Seal. or take any other action with respect thereto. Charter Review Committee ARTICLE 6 To see if the Town will vote to amend the Reading Home Rule Charter, Sections 2.2 Realignment of Precincts, 2.3 Town Meeting Membership, 2.5 Nomination Procedures, 2.6 Vacancies, 5.4 Acting Town Manager, 8.9 Elections and 8.11 Recall Procedures as shown herein with bold (new language added) and cross -out (old language removed) and request a Special Act 2.2 Realignment of Precincts When required by law or every ten (10) years, the Board of Selectmen shall review and, if necessary, re- divide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be continuous and as compact as possible. The territory of each precinct shall be defined as near as possible by the centerline ^°^'�'m;e of known streets or other well - defined limits. Within ten (10) days of any precinct revision, the Board of Selectmen shall file a report on the revisions with the Town Clerk; and the Board of Registrars of Voters Assess ef =s- The report shall include a maps} showing the boundaries of each precinct and a list of the its inhabitants' names and addresses. The Board of Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. The Each precinct revision shall be effective on the date it is filed with the Town Clerk,and t-The Town Clerk shall forthwith notify the Secretary of State of the revision in writing. 2.3 Town Meeting Membership At the first Town wide election after any precincts are revised, the fegistered voters of each precinct shall elect twenty -four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the neA eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. After such election, 31 _�r o 3 Town of Reading Home Rule Charter Preamble the term of office of all previously elected Town Meeting members shall cease upon the certification of the election by the Town Clerk. At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant unexpired terms. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election in writing. In the event of a tie, the order of finish of all such candidates shall be determined by a vote of the remaining Town Meeting Members of the precinct. ballet pe6itieR shall determine the ender of finish In the event of such a tie among candidates, the Town Clerk shall give written notice of the tie vote to the remaining Town Meeting Members of the precinct and shall publish such notice in the local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of filling the vacancy. Tr\\AIn Meeting 11A heFS 4n r r t the nr i ele t Town Meeting ,v,.,,- �..�eti„9 --�.. egTesen�,�csTr� and shall a4ss ��s TC-);AOA r--'P-rk. ejf thp -- -------- s. AfteF eaGh eler-,fieR eiiiewn Meeting Members, the Town r--'P--rk shall notify ear-,h TAWIA h4eetiRg Member of his AWP-Gtiep by maul. Z. HUMNI 2.5 Nomination Procedures Nomination of candidates for Town Meeting Member +^ he elen4erl under the Gharter shall 9PAy be made by nomination papers bearing no political designation and signed by not less fewer than ten (10) FeglsteFed voters from the candidate's precinct. Nomination papers shall be obtained in person and signed by the candidate in the presence of the Town Clerk or designee. Completed nomination papers must hall be filed with the Town Clerk at least thirty five days (35) tweRty eight (29) days before the election. by the Gandidate to be valffid- 3z �-� 3 r Town of Reading Home Rule Charter 2.6 Vacancies A Town Meeting Member may resign by filing a written notice with the Town Clerk whirah shall take effeGt on the date filed, A Town Meeting Member who moves from terminates residency in the Town shall cease to be a Town Meeting Member. A Town Meeting Member, who moves his residence from the precinct from which he was elected to another precinct, may shall serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of the Town Meeting. The Board of Selectmen shall place an Article in on the Annual Town Meeting Warrant to remove any such peFsen Town Meeting Member from office. At least seven (7) days prior to the Annual Town Meeting, Tthe Town Clerk miist shall notify any such person Town Meeting Member and that he may be removed under thi6 senFinn at ie -as+ seven (7) days in ad-vaRn-e- ef the Annual Town Meetin from office, provided, however, that such notice shall be deemed adequate if fVeiise sha:,' -be mailed postage prepaid to #is the Town Meeting Member's last known address. Any vacancy of in a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining Town Meeting fnMembers of the precinct, provided, however, that tThe balance of any unexpired term shall be filled at the next Annual Town Election. In the event of a vacancy, tThe Town Clerk shall give written notice thereof any Yasansy to the remaining Town Meeting Members of the precinct and shall publish such notice in a local news medium. Such notice shall provide at least seven (7) day's in advance notification of the The Town Qprk Rhnll re4 time and place for a precinct meeting for the purpose of temporarily filling the vacancy of the Fneeting to pFeG nn4 Town Meetin 5.4 Acting Town Manager 5.4.1 Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified individual Town- e#iser epee to serve as Acting Town Manager during any temporary absence anticipated not to exceed thirty (30) t8R (IQ) weFking business days. Preamble 33 �- b 3_�' filled by th members of the fim_rn tht-a wr*te in Gandidater, where a vote of preGinGt �in4n 4n the uiri +e in �in4 uie:ed.e �uin i�l� c.h.�le n0tl6e-et-thle remaining -Clc Ilreninn4 Tnum h4eetiRg memherr, r,4 WRAt seven /7\ rlrw5 in adYanne of the meeting, and GOMmun term. Any vacancy of in a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining Town Meeting fnMembers of the precinct, provided, however, that tThe balance of any unexpired term shall be filled at the next Annual Town Election. In the event of a vacancy, tThe Town Clerk shall give written notice thereof any Yasansy to the remaining Town Meeting Members of the precinct and shall publish such notice in a local news medium. Such notice shall provide at least seven (7) day's in advance notification of the The Town Qprk Rhnll re4 time and place for a precinct meeting for the purpose of temporarily filling the vacancy of the Fneeting to pFeG nn4 Town Meetin 5.4 Acting Town Manager 5.4.1 Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified individual Town- e#iser epee to serve as Acting Town Manager during any temporary absence anticipated not to exceed thirty (30) t8R (IQ) weFking business days. Preamble 33 �- b 3_�' Town of Reading Home Rule Charter Preamble 5.4.2 Long -Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of thirty (30) days, the Board of Selectmen shall appoint a qualified Town Gffi^eF eF employee individual to serve as Acting Town Manager until the Town Manager returns. 5.4.3 Vacancy - When the office of Town Manager is vacant, or the Town Manager is under suspension as provided in Section 5.5, the Board of Selectmen shall appoint a qualified Town individual to serve as Acting Town Manager under terms of employment to be determined by the Board of Selectmen. URtil the YaGaRGY is filled OF the suspension has beeR teFFnin In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred eighty (180) twet..�,tT'�T days. Mo-W-Wo "M 5.4.4 Powers — Except as authorized by a four -fifths (415) vote of the Board of Selectmen, tThe powers of an Acting Town Manager aFeshall be limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. 8.9 Elections 8.9.1 Annual Town Elections - The election of Town Officers and Town Meeting Members, and referendums questions shall be acted upon and determined by voters on official ballots without party or other designation on the date fixed in the Bylaws of the Town. 8.9.2 Procedures - All elections conducted pursuant to the Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. 8.9.3 Any town wide shall he heldsame- time in eaGh picevinn4 of the nlaGe designated by the SelerAmen. Any town wide election shall be held at the same time for each precinct at a place or places designated by the Board of Selectmen. 8.9 Recall Procedures 8.11.1 Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. No recall petition shall be filed against a Town Officer within three (3) months after he takes office. 811.2 Recall Petition - Two hundred and fifty (250) or more voters may file with the Town Clerk an affidavit containing the name of the Town eOofficer whose recall is sought and a sworn statement of the grounds upon which the petition is based. At least twenty -five (25) names of voters shall be from each of the eight precincts into which the Town is divided. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the petitions to the Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. 34 5 k `j (V Town of Reading Home Rule Charter Preamble If the petitions contain sufficient signatures, the Town Clerk shall thereupon deliver to the first ten voters listed upon the affidavit, petition blanks in such number as requested demanding such recall, printed forms of which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated, shall be addressed to the Board of Selectmen, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to the said office. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. The recall petitions shall be returned and filed with the Town Clerk within twenty -one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses. However, not more than twenty -five percent (25 %) of the total number shall be from any one precinct. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.11.3 Recall Election - If the petition shall be certified by the Town Clerk to be sufficient, he shall forthwith submit the same with his certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of such petition and certificate to the Town eOfficer whose recall is sought by mailing the same postage prepaid to his address as shown on the most recent voting list and posting causing sue# notice of the petition and certificate to be publicly available BeaFds. If said Town eOfficer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty - five (35) nor more than sixty (60) days after the date of the Town Clerk's certificate of the sufficient petition.; provided4f, however, that if any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. 8.11.4 Nomination of Candidates - Any Town eOfficer whose recall is sought may not be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of same shall all be in accordance with the provisions of law relating to elections. 8.11.5 Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of Town eOfficer) Against the recall of (name of Town eOfficer) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated as min pursuant to Section 42 of Chapter 54 of the Massachusetts General Laws. 35 �b3) Town of Reading Home Rule Charter Preamble If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected and the incumbent shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term; provided, however, that, if the successor fails to qualify within five (5) days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office shall be deemed vacant. If a majority of votes cast upon the question of recall is in the negative, the - Ballets fGF no andidater, Reed candidate shall be declared elected, and the Town Officer whose recall was sought shall continue in office recall - ales+ ^ ^. ' is Fesalled the- elesi:ier l�T^" ^ ^ ^ +� ^� �^ in-�:� for the remainder of his unexpired term, subject to recall as before, eXGept as pFeyided in this section. 8.11.6 Repeat of Recall Petition - No recall petition shall be filed against a Town Officer e#iser— within three (3) rneRthr, after he takes Afte, OF in the Gase of an offm subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. or take any other action with respect thereto. Charter Review Committee ARTICLE 7 To see if the Town will vote to amend the General Bylaws by adding section 3.3.6 as follows: 3.3.6 Permanent Building Committee There shall be a Permanent Building Committee (PBC) consisting of five (5) Permanent Members appointed by an Appointment Committee consisting of the Chair of the Board of Selectmen, the Chair of the School Committee and the Town Moderator. The Permanent Members shall be volunteers having practical experience and skills in professions that concentrate on the design, construction, management and financing of commercial / institutional buildings such as architects, engineers (civil, structural, MEP (Mechanical, Electrical, Plumbing)), building contractors, project managers, property managers, attorneys and building tradespersons. The terms shall be so arranged that as nearly an equal number of terms as possible shall expire each year. The Permanent Building Committee (PBC) shall be responsible for the oversight and management of all major municipal and school building design studies and construction projects, excluding the Reading Municipal Light Department, whose aggregate costs are 36 '56 35 Town of Reading Home Rule Charter Preamble expected to exceed two million dollars ($2,000,000). The PBC shall present all such projects to the Finance Committee for consideration of funding options and the PBC shall sponsor and present all such projects to Town Meeting for its consideration and approval of funding. The Permanent Building Committee shall work with the School Committee, the Board of Selectmen, and any other Board or Committee which proposes building or renovation projects (the Sponsoring Agency). When a Sponsoring Agency requests the commencement of a building project to the PBC, a < project name> Building Committee shall be formed consisting of the five (5) members of the PBC and include up to two (2) additional members appointed by the Sponsoring Agency. The additional membership of the <project name> Building Committee may increase to satisfy the participant requirements of a coinvolved government authority but in such a case the aggregate membership shall not exceed nine (9) members. Each <project name> Building Committee so formed shall have the duties and responsibilities of the Permanent Building Committee as defined in this Bylaw but only for its specific project. The Sponsoring Agency shall notify the Permanent Building Committee of their intention to undertake any such projects within seven (7) calendar days of a positive vote or general affirmation to do so. The Permanent Building Committee shall work with the Director of Facilities to compile an inventory of the physical condition and anticipated repairs and renovations of all existing municipal buildings and will summarize their findings in an annual report to Town Meeting. or take any other action with respect thereto. Bylaw Committee ARTICLE 8 To see if the Town will vote to amend the General Bylaws by amending section 8.9.1 thereof by striking the words "nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 relative to hunting and sporting" as shown below: 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, 131 relative to hURtiRg and speFting. or take any other action with respect thereto. By Petition 37 S b'3 I Town of Reading Home Rule Charter Preamble and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to January 5, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this —th day of 12014. , Constable John Arena, Chairman Marsie K. West, Vice Chairman Daniel Ensminger, Secretary John R. Halsey Kevin Sexton SELECTMEN OF READING 38 / � y LEGAL NOTICE ii OF)? To the Inhabitants bf th Town of Reading:'- Please take notice thatt, ' he Board of Selectmen of tbe•Town of Reading will hold a public hearing on December 9, 2P14,'at 8:00 p.m. in the Selectmen's " * " Meeting Room, 16 Lowell Street, Reading, Massadlibtiefts to approve,the results=-bf-Elie FY15 Compensatiow" and Classification Study. - .-" J-!4 A copy of the proposed Aoqu-: ment regar ing this topic ls.av,ail- able in the Town Man4g.qr s office, 16. Lowell, StEerdi, Reading, MA, M-Vhf -Thtfri 'from 7:30 a.m. - 5*30 p.m., Tues frQ_M 7:30 a.m. - 7:00 p.m .. gr4;s attached .to the hearing not , icb onAhe websiteatwwwr(�a4iiLL ma.gov -k- All interested parties arejn�j d to attend the hearing, b�r . )Aje y submit their comments in writing or by email prior to 6:00,pjm'-�bn December 9, 2014 to townmati- agergci.reading.ma.us ;: I By qrAer of Robert W. LeLach6ur Town mada'q`er OFRF Town of Reading ti 16 Lowell Street Reading, MA 01867 -2685 ,639 INC°KQ °PP FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 December 3, 2014 Dear Property Owner: A group of over one hundred of your fellow residents in the Timberneck Swamp area of Reading has filed a Petitioned Article seeking to limit gun usage. This Article will be sent to a Special Town Meeting to be held at the RMHS Performing Arts Center on January 5 -6 -7 of 2015. You are receiving this notification because your property has been identified as affected by this Article. By the terms of our Charter, this Article must be sent to Town Meeting, and next Tuesday December 9th the Selectmen will close the Warrant for that Special Town Meeting that will include several other business items to be discussed. At approximately 8:15pm the Selectmen invite all of you to join them in a discussion about what this Article means to each of you, so that you have a clear understanding. At the January Town Meeting all of you — even if you are not elected members — have the right to be heard on this issue if you so desire. Please see the attached copy of the petition to see the exact language change being proposed. I'm happy to answer any questions you may have in advance. Thanks, Robert . LeLa e r, Jr. CFA Town Manager RWL /ps Attachment ��J I `IDSAM�Ln 09 L9 ®AjeAV of elgeaedwoo Reading Open Land Trust Reading Rifle & Revolver William Lewis PO Box 15 C/O Robert H. Stone 273 Forest Street Reading, Ma 01867 PO Box 212 Reading MA 01867 Reading MA 01867 25 WBD LLC Ahold Financial Services Nancy Zanni Boston Gas Company ATTN: Lease Accounting 23 Family Circle 40 Sylvan Road PO Box 6500 Reading, MA 01867 Waltham, MA 02451 Carlisle, PA 17013 Gresek Harry P JR Trustee Gallery Automotive Group LLC Pica John A Trustee Collins Realty Trust 918 Providence Highway Timber Neck Realty Trust 35 Turner Driver Norwood, MA 02062 27 Eustis Ave North Reading, MA 01864 Wakefield, MA 01880 HD Development of Maryland Inc John R Powers Mary Zanni Home Depot USA INC 256 Grove Street 22 Lakeview Ave 2455 Paces Ferry Rd Reading, MA 01867 Reading, MA 01867 Atlanta, Georgia 30339 55 WB Acquisitions LLC Two Walkers Brook Crossing Keith Ballantyne C/O Nordblom Company C/O The Wilder Companies 200 Grove Street 71 Third Avenue 800 Boylston St, Suite 1300 Reading, MA 01867 Burlington, MA 01803 Boston, MA 02199 Meadow Brook Golf Club Curt E Nitzsche Austin Prep School 288 Grove Street 453 Haverhill Street 101 Willow Street Reading, MA 01867 Reading, MA 01867 Reading MA 01867 New Crossing Limited Partnership George Danis C/O Fraen Real Estate Division Danis Reading Realty Trust 80 New Crossing Road PO BOX 672 Reading MA 01867 Reading MA 01867 slagel aajulad aasej 30 L08ANt1 �9 We the undersigned 'registered voters of Reading Massachusetts, hereby request the following General Bylaw change be submitted to Town Meeting on the Town Meeting warrant for Special Town Meeting scheduled for January 5, 2014. 8.9,1 Firearms V } No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting In the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle. range, (note - cross - through represents language to be eliminated and bold represents new language) Print Name: Address: 7 < l K c i� r.. r7 air �/u�i . •rl y� �r,,i9 �� VA ri Noa,of,=t� Ro 0., We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change to be submitted to Town Meeting on the Town Meeting warrant at a Special Town Meeting scheduled for January 5, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting 'in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle rang -kind MGI=-G:vafAeF 131 relative te hunting and spertft-. (note - cross - through represents language to be eliminated and bold represents new language) Print Name: bt'l T, t/54i A F— ASGIAA/0 V L i/ &IJ-za I ) s Address: Y. ?, vim St. #K006 / 9 4L;,O01 T'ra-t, 4 q Ck A_ A imam T . i � 4 4- We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change to be submitted to Town Meeting on the.Town Meeting warrant at a Special Town Meeting scheduled for January S, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or Its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting In the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, (note -- cross - through represents language to be eliminated and bold represents new language) I ,r Pri t Name: j y14�I'�) I C-: �Ii ia)6S1( 'Zo (-v"LAL `` \ Address: LA t-CtA o 12d �i 2)A- N Avv� 1KI 2 C l d c� fn'. .A S��4- Sig ,F63 .014 We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change be submitted to Town Meeting on the Town Meeting warrant for Special Town Meeting scheduled for January 5, 2814. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • " on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting In- the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, neF to the Fights and pFivileges ef an ewneF eF lessee ef R)nd as set feFth in (note -- cross - through represents language to be eliminated and bold represents new language) Print Name: D. 0 ' n t % "ut v'it`b I f Address: vi, w4 ke-ple1j 9+ t 14 tom , sk 1 / �-44Z = ' -i- t5 rte. X21 di" C k' 10::L n � -k ( ( L) We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change be submitted to Town Meeting on the Town Meeting warrant for Special Town Meeting scheduled for January 5, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, ner te the Fights and pFivileges ef an owner eF lessee ef land as'set fefth in (note - cross - through represents language to be eliminated and bold represents new language) Print Name. 54 *' OV .� Address: EWHI ()6�). `'a ( A' ice'_, V; 1 i � i � . f ��O .►f C�) We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change to be submitted to Town Meeting on the Town Meeting warrant at a Special Town Meeting scheduled for January 5, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with the written consent of the owner or legal occupant thereof and the Written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, land as set feilh in MG6 Gha tei, 131 relative to hunting and spert4+W. (note -- cross- through represents language to be eliminated and bold represents new language) Print Name: t k A A ✓ # i J' Address: Ark %fA L 5T- TI Lull r 7,)- MA-t eol 04 L C_ L kI C n r� b Ui d6U 3 1 A0JZ &,X8 RD, 3 Y *9' r � ref �I j U (* 07 We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change be submitted to Town Meeting on the Town Meeting warrant for'Special Town Meeting scheduled for January 5, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, (note - cross - through represents language to be eliminated and bold represents new language) Print Name: --� V PA(t flea aol C �' Mao n\� V/ t',\rTf�1"1y �& i\ /6 ►� e aL 1,t en,, Address: I. (7 G-- sg4. .d-1 Ad ✓lne-C_%- Ai cos- rO� 6'r ---- , "i- a&. �P- Signature: C' We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change be submitted to Town Meeting on the Town Meeting warrant for Special Town Meeting scheduled for January 5, 2014. 8.9.1 (note - Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public .property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with the written consent of the owner or legal occupant thereof and. the written permission of the Board of Selectmen or its designee; provided, however, that this,bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, mer te the Fights and privileges ef an ewneF eF lessee ef land as set feFth in cross - through represents language to be eliminated and bold represents new language) Print Name: dress: ign to e -� �z �.-- -74 ID_'21 -4) �Oroero _L( 5A 6VA LT I e, (-I r G�2 8 � f _25 yla rd S >n d In A y Xlc-, a rds Ael q( We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change be submitted to Town Meeting on the Town Meeting warrant for Special Town Meeting scheduled for January 5, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with .the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or Its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, (note - cross - through represents language to be eliminated and bold represents new language) Print Name: 6a /A / t V i Address: AV i"1 �� arL Ric G✓YIGr C� Signature: We the undersigned registered voters of Reading Massachusetts, hereby request the following General Bylaw change to be submitted to Town Meeting on the Town Meeting warrant at a Special Town Meeting scheduled for January S, 2014. 8.9.1 Firearms No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind • on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of Selectmen or its designee, or • on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the -Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawfijI defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, neF te the Fights and pFiyileges ef an ewner eF lessee of Tl .and as set `eFth in #iG6 Gl t er 131 relative te hunting and SP84ft-. (note - cross- through represents language to be eliminated and bold represents new language) Print Name: N Address: 1 Signature: __. 2015 Special Town Meeting Monday January 5, 2015 WARRANT OUTLINE REVISED 12/04/2014 Art. Mover/ Moderator # Article Description Sponsor Comment Notes 1 I Reports 2 1 Instructions Board of Selectmen Board of Selectmen 3 Amend the Capital Board of Selectmen Improvement Program FY 2015 - FY 2024 ♦ Motion to Table — Chair John Arena ■ ♦ Motion to Table — Vice Chair Marsie West ♦ Presentation —Bob LeLacheur ♦ FINCOM report — Chair Mark Dockser 4 Amend the FY 2015 Budget FINCOM ♦ Presentation — Bob LeLacheur ♦ FINCOM report — Mark Dockser 5 Revise Town Charter Town Charter Review ♦ Presentation — Bob LeLacheur Committee ♦ Bylaw Committee report — Chair Steve Crook ♦ FINCOM report — Mark Dockser ♦ Board of Assessors report — Chair Francis Golden ♦ Board of Library Trustees report — Chair Victoria Yablonsky ♦ Board of Selectmen report — Chair John Arena ♦ School Committee report — Chair Chris Caruso 12/4/2014 04 S °� I 2015 Special Town Meeting Monday January 5, 2015 WARRANT OUTLINE REVISED 12/04/2014 6 Revise Town Charter — Town Charter Review ♦ Presentation — Bob LeLacheur Request Special Act for Committee ♦ Bylaw Committee report — Section 2.2 `Realignment of Steve Crook Precincts'; Section 2.3 `Town Meeting Membership'; Section 2.5 ` Nomination Procedures'; Section 2.6 `Vacancies'; Section 5.4 `Acting Town Manager'; Section 8.9 `Elections' and Section 8.11 `Recall Procedures' 7 Set up Permanent Building Bylaw Committee ♦ Presentation — Steve Crook Committee ♦ Bylaw Committee report — Steve Crook ♦ Finance Committee Report — Mark Dockser 8 Bylaw Change — Section Petitioned 8.9.1 Firearms 12/4/2014 2 3 r e Z Town of Reading Home Rule Charter COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: Preamble By virtue of this Warrant, I, on , 2014 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior January 5, 2015, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on , 2014. A true copy Attest: Laura Gemme, Town Clerk , Constable se-3 Town of Reading Home Rule Charter Preamble TOWN WARRANT OFRFgOi tic �6`IerINC0 RQO�P� COMMONWEALTH OF MASSACHUSETTS. Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, January 5, 2015, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board, Finance Committee, Town Manager and any other Official, Board or Committee. Board of Selectmen Background: This article appears on the Warrant for all Town Meetings. There are no anticipated reports so this Article is expected to be tabled. ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or 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 Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: 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. fey Town of Reading Home Rule Charter Preamble Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2015 -24 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen 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 FY 2015 — FY 2024 CIP: General Fund FYI 5: $51,000 $15,000 Administrative Services/Technology — Centralized controller for phones to allow the DPW garage to be added to a larger town -wide phone project $15,000 Public Safety /Police — additional speed alert electronic sign $11,000 Library — microfilm reader $10,000 Administrative Services/Technology — Police station video surveillance system repairs and upgrade *FYI 6: - $151,400 - $32,400 DPW: Bobcat Loader 743 (defer to FY17) - $34,000 DPW: Car #2 2007 Ford Sedan (defer to FY17) - $35,000 Police: Vehicle Video Integration (defer to FY18) - $50,000 DPW: General Roadway Improvements FYI 7+ Various changes made *an additional -$315, 000 TBA from Facilities will balance the FYI Finance Committee Report: The Finance Committee recommends the proposed amendments to the FY 2015 — FY 2024 Capital Improvements Program by a vote of x -x -x at their meeting on December 8, 2014. 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. By Charter, both the Finance Committee and Bylaw Committee are advisory to Town Meeting and their votes must be reported to Town Meeting, preferably in writing in advance when possible. Other volunteer Boards/Committees/Commissions (BCC) also vote on Warrant i S 25 Town of Reading Home Rule Charter Preamble Articles, and when possible those votes are noted herein with an asterisk ( *) next to the name of the BCC. Please note that the Board of Selectmen often act as the sponsor for Articles at Town Meeting, but they may do so as a courtesy and not agree with it. *Board of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted x -x -x to support this Article. ARTICLE 4 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended by Article 8 of the Special Town Meeting of September 29, 2014 and by Article 5 of the Subsequent Town Meeting of November 10, 2014; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Background: General Fund —Wages and Expenses Finance Committee Account Line Description Decrease Increase C99 — Capital Administrative Services/Technology — $51,000 Centralized controller for phones to allow the DPW garage to be added to a larger town - wide phone project $15,000 Public Safety /Police — additional speed alert electronic sign $15,000 Library — microfilm reader $11,000 Administrative Services/Technology — Police station video surveillance system repairs and upgrade $10,000 G91 - Administrative Net allocation from Operations for Pay & $49,725 Services wages Class funding in other departments G92 — Administrative Legal expenses (old litigation work, Zoning & $100,000 Services Expenses Charter projects) H91 - Community Net allocation for Pay & Class funding $30,550 Services wages 191 — Finance wages Net allocation for Pay & Class funding $6,900 J91 — Public Safety Net allocation for Pay & Class funding $3,600 wages K91 — Public works Net allocation for Pay & Class funding $2,275 wages L91 — Public Library Net allocation for Pay & Class funding $6,400 wages Se(" Town of Reading Home Rule Charter Preamble Finance Committee Report: The Finance Committee recommends this Article by a vote of x- x-x at their meeting on December 8, 2014. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted x -x -x to support this Article. ARTICLE 5 To see if the Town will vote to amend the Reading Home Rule Charter as shown herein, subject to approval by the voters at a local election: DRAFT copy provided in Warrant document or take any other action with respect thereto. Charter Review Committee Background: ARTICLE 6 To see if the Town will vote to amend the Reading Home Rule Charter, Sections 2.2 Realignment of Precincts, 2.3 Town Meeting Membership, 2.5 Nomination Procedures, 2.6 Vacancies, 5.4 Acting Town Manager, 8.9 Elections and 8.11 Recall Procedures as shown herein with bold (new language added) and cross -out (old language removed) and request a Special Act DRAFT copy provided in Warrant document or take any other action with respect thereto. Charter Review Committee Background: S e-� Subtotals $49,725 $200,725 Net Operating Expenses $151,000 From Cash Reserves $151,000 Finance Committee Report: The Finance Committee recommends this Article by a vote of x- x-x at their meeting on December 8, 2014. Bylaw Committee Report: No report. *Board of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted x -x -x to support this Article. ARTICLE 5 To see if the Town will vote to amend the Reading Home Rule Charter as shown herein, subject to approval by the voters at a local election: DRAFT copy provided in Warrant document or take any other action with respect thereto. Charter Review Committee Background: ARTICLE 6 To see if the Town will vote to amend the Reading Home Rule Charter, Sections 2.2 Realignment of Precincts, 2.3 Town Meeting Membership, 2.5 Nomination Procedures, 2.6 Vacancies, 5.4 Acting Town Manager, 8.9 Elections and 8.11 Recall Procedures as shown herein with bold (new language added) and cross -out (old language removed) and request a Special Act DRAFT copy provided in Warrant document or take any other action with respect thereto. Charter Review Committee Background: S e-� Town of Reading Home Rule Charter Preamble ARTICLE 7 To see if the Town will vote to amend the General Bylaws by adding section 3.3.6 as follows: DRAFT copy provided in Warrant document or take any other action with respect thereto. Bylaw Committee Background: ARTICLE 8 To see if the Town will vote to amend the General Bylaws by amending section 8.9.1 thereof by striking the words "nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 relative to hunting and sporting" as shown below: 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, or take any other action with respect thereto. By Petition Background: We will ask the petitioners for background — we will re -use November Town Meeting's as needed S 'e, g Town of Reading Home Rule Charter Preamble and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to January 5, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this _In day of 2014 , Constable John Arena, Chairman Marsie K. West, Vice Chairman Daniel Ensminger, Secretary John R. Halsey Kevin Sexton SELECTMEN OF READING �-e— q Schena, Paula From: LeLacheur, Bob Sent: Monday, December 01, 2014 9:13 AM To: Schena, Paula Cc: Delios, Jean Subject: FW: addendum Attachments: Addendum.doc Paula -- Please add this email & attachment to the BOS packet, and include a motion for the Board to approve this addendum to the Regional Health agreement that we have with Melrose. Thanks, Bob Robert W. LeLacheur, Jr. CFA Town Manager, Town of Reading 16 Lowell Street, Reading, MA 01867 townmanaaerOci.readina. ma. us (P) 781 - 942 -9043, (F) 781 - 942 -9037 www.readingma.gov, Please fill out our brief customer service survey at http: / /readinema- survey.virtualtownha Il .net /survey /sid /ff5d3a5fO3e8eb60/ Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.;Tuesday: 7:30 a.m. - 7:00 p.m.; Friday: CLOSED From: Ruth L. Clay in Melrose Sent: Monday, November 24, 2014 12:29 PM To: Delios, Jean; LeLacheur, Bob Subject: addendum Jean and Bob, As requested, attached is a draft of an addendum to the regional agreement for public health nursing services provided to date this fiscal year. If you want to continue having Melrose provide the communicable disease follow up services, you can add it to the draft. Thanks Ruth Ruth L. Clay, MPH Health Director City of Melrose 781 - 979 -4133 Town of Reading 781 - 942 -9061 Town of Wakefield 781 - 246 -6375 Please take a moment to help us improve your experience with City services. https://www.surveyMonkey.com/s/MelroseCustomerSurvey r�� November 24, 2014 Town of Reading 16 Lowell Street Reading, MA 01867 -2683 The Town of Reading and City of Melrose agree with respect to the following: • The City of Melrose will provide the following Public Health Nursing services from June 30 — November 7, 2014: Communicable disease follow up Home visits for flu shots Attendance at the two public health clinics Bob LeLacheur Town Manager Town of Reading Robert J. Dolan Mayor City of Melrose )/ �j2 F$ Town of Reading Meeting Minutes Board - Committee - Commission - Council: Board of Selectmen Date: 2014 -10 -28 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 7:00 PM Location: Selectmen Meeting Room Vice Chairman Marsie West, Secretary Daniel Ensminger, John Halsey, Kevin Sexton Members - Not Present: Chairman John Arena Others Present: Town Manager Robert LeLacheur, Assistant Town Manager Jean Delios, Elders Services Administrator Jane Burns, Assessor Victor Santaniello, Robert Marshall and Robert Quinn, Pat Sullivan, Office Manager Paula Schena, Cynda Rohmen, Bob Drake, Robert Corwin, Everett and Virginia Blodgett, Jonathan Barnes, Virginia Adams, Sharlene Reynolds Santo, Ronald Weston Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Daniel Ensminger noted that he attended the Zoning Advisory Committee Public Forum and that was a clear presentation. He and John Halsey attended the October 22nd meeting of the Early Childhood Space Needs Committee. They are looking at all options and wide open to suggestions and new ideas. He attended the meeting of the West Street Historic District Committee last night. It was a very well run meeting and the Selectmen need to take a position on Article 9 tonight. Kevin Sexton noted that he, John Arena and the Town Manager attended the RCASA Annual Meeting. There were 70 - 80 people in attendance and many were from other towns. The presentation was eye opening and RCASA is doing a great job. Kevin Sexton asked who responds to citizens' emails when they are sent directly to the Selectmen. The Town Manager noted that he usually responds and copies the Chairman. Kevin Sexton asked if the Selectmen can respond and it was noted they could not. Marsie West asked the Town Manager to check with Town Counsel because they would just be responding, there will be no deliberation. Daniel Ensminger noted that serial emails are considered deliberations. Marsie West noted that she gave the presentation at the Zoning Advisory Committee meeting. She also noted that John Arena who is not present tonight indicated that he attended the World Cafe and it was well attended. Town Manager's Report - The Town Manager noted that the Town Meeting Warrants are available at the Police Station and people should pick them up as soon as possible because there is a lot of material to cover. The first night of Town Meeting will cover Article 9 and zoning will begin on November 13th. One thing that came out of the World Cafe was the Page 1 1 Board of Selectmen Minutes - October 28, 2014 - oaae 2 crying need for social services help. Nobody knows where to go or what to do. The question is what is the role of public government? Do we point people to services or provide the services. General Contractor bids for the Library are due tomorrow. The subcontractor bids were opened and went well. The temp library space build out should be complete in a couple of weeks. Article 9 Discussion - Daniel Ensminger noted that the West Street Historic District Commission meeting went well. There was compelling public interest and an issue of equity for both sides. His concern is whether everyone has been given a say and all contacted. Everett Blodgett, Chairman of the West Street Historic District Commission, noted that all were notified by email and one paper copy. Two responded with concerns that this will create more work for them. All abutters were notified of the public hearing and they received extremely positive comments. The rules have been tested on West Street for nine years so this should work. Marsie West asked about bumps in the road and Everett Blodgett noted that types of roofs, change of windows, etc. He noted the real bump in the road is what they don't want to do which includes applying and going through the process. John Halsey noted that a thorough presentation was made last night and he commended them. He noted that a homeowner in the proposed district asked the other owners to stand up and there were about 19 - 20 of 25 property owners. He noted that not all spoke in favor, but there was no opposition. He noted that the people who are most affected are the ones who live there. Daniel Ensminger noted that this is almost like a home rule petition from the neighborhood and he feels it should be approved. The Town Manager noted that the Bylaw Committee grilled them for about one hour and they were extremely complimentary of the process. Kevin Sexton noted that Virginia Adams indicated she had never seen so many people in one room. A motion by Ensminger seconded by Sexton that the Board of Selectmen support the subiect matter of Article 9 of the 2014 Subseauent Town Meeting Warrant was approved by a vote 4 -0 -0. Hearing - Tax Classification FY15 - The secretary read the hearing notice. Assessor Victor Santaniello, Robert Marshall, Robert Quinn and Assistant Assessor Pat Sullivan were present. Victor Santaniello noted that with a residential factor of 1 the anticipated tax rate will be $14.71/$1000. The average home value is $464,200 and the average tax bill is $6828. In 2012 the average sale price of a home in Reading was $440,000 and in 2013 it was $492,000. The result is a 3.8% increase in this year's residential tax rate and about .50% for the commercial tax bills. The open space exemption of 25% could be adopted but never has by Reading. The residential exemption for owner occupied would raise the tax rate to $17.82. The higher value homes pay for lower value homes. The small commercial exemption would benefit only a handful of businesses. 6&, 7i Page 1 2 Board of Selectmen Minutes - October 28, 2014 - page 3 Marsie West noted that Winchester has a split tax rate but the commercial is lower. Pat Sullivan noted that she spoke with Winchester about that and their commercial is lower because they are trying to attract businesses. The Town Manager noted that the Library project is not in the tax rate yet. Daniel Ensminger asked if we collect more taxes if the tax factor is above 1 and Victor Santaniello noted that we do not collect more, if the tax factor is above 1 it makes the residential tax higher and lowers the commercial tax. Daniel Ensminger noted that $1 in tax relief to residents would require $10 tax increase in commercial. John Halsey noted that is a small amount of relief for the residential that would deter commercial. Marsie West noted that businesses are still going to other towns and this is not the time to change that. Kevin Sexton agreed with Marsie West. Daniel Ensminger asked about the open space exemption and Victor Santaniello noted there are no properties in Reading that would qualify. Daniel Ensminger asked about the residential exemption and Mr. Santaniello noted that is more appropriate for a Town where a lot of the residential is not owner occupied. Marsie West noted that John Arena had asked her to pass along that he is not in favor of a split rate because it puts residential and businesses against each other. A resident noted that the Chronicle says the taxes are going up 3.7% and he asked if that was true. Victor Santaniello noted that the assessment value is increasing 3.7% - 3.8 %. The resident noted that he works 60 - 70 hours per week to support his family and his electric bill alone is over $300 per month. The Selectmen noted that $300 per month for electricity is out of the norm and urged him to contact RMLD. Marsie West noted that she is the liaison to RMLD and she would like to know the results of his contacting the RMLD. A motion by Ensminger seconded by Halsey that the Board of Selectmen close the hearing establishing the FY15 tax rate was approved by a vote of 4 -0 -0. A motion by Ensminger seconded by Halsey that the Board of Selectmen not grant an open space discount for Fiscal Year 2015 was annroved by a vote of 4 -0 -0. A motion by Ensminaer seconded by Halsey that the Board of Selectmen not adopt a residential exemption for Fiscal Year 2015 was approved by a vote of 4 -0 -0. A motion by Ensminger seconded by Halsey that the Board of Selectmen adopt a residential factor of 1 for Fiscal Year 2015 was annroved by a vote of 4 -0 -0. A motion by Ensminger seconded by Halsey that the Board of Selectmen not grant a commercial exemption for Fiscal Year 2015 was approved by a vote of 4 -0 -0. Mystic Valley Elder Services - Assistant Town Manager Jean Delios, Elder Services Administrator Jane Burns and Mystic Valley Elder Services Executive Director Dan O'Leary were present. Mr. O'Leary noted that the Town of Reading contributes to Mystic Valley Elder Services and he handed out a packet with the breakdown of services. He noted that in FY14 they served 508 residents at a value of $2.6 million. They help people understand their options and offer Meals CO Page 1 3 Board of Selectmen Minutes - October 28, 2014 - page 4 on Wheels, SHINE Health Benefits counseling, etc. The Board of Selectmen appoints a member to the Board of Directors who was Rheta McKinley and that seat is now vacant. Jane Burns is appointed by the Council on Aging. John Halsey asked what is involved on serving on the Board of Directors and he noted that the Board meets 10 times a year on the last Tuesday of the month from 10:00 - 11:30 a.m. They also hope that Board members will join one committee which meets monthly or less. They have an interest in helping people stay at home. Daniel Ensminger asked if they offer legal assistance and Mr. O'Leary indicated they help with tenant landlord disputes and public benefits. John Halsey asked how people qualify for these benefits and Mr. O'Leary noted that there is no cost to have someone come out and sit and talk. They don't ask people about their income unless they are asking for help to qualify for fuel assistance. Daniel Ensminger noted that he belongs to Saint Vincent DePaul and he asked what else they needed. Mr. O'Leary noted that transportation is always an issue. They are trying out a new model which is a scholarship and allows the patron to get wherever they want to go. They are also creating mini food pantries at Senior Housing complexes. Daniel Ensminger asked if there is an age limit and Mr. O'Leary noted primarily 60 years but not exclusively. If a person is disabled then they qualify. Financial Forum III Preview - The Town Manager noted that revenues last year were approximately $2 million above estimates. The excise taxes were artificially low so it looks artificially high. About one half of that amount is sustainable. He will use $3.15 million for FY15. New growth is $343,905 and Pulte is a big part of that. The FY14 budget came in $1.8 million under budget. Reserves in October 2014 are $9.95 million. New growth in FY16 and FYI is predicted at $500k. The Finance Committee will guarantee 2.50% in state aid so if we don't get that, then it will come out of free cash. The Town Manager noted that the RMLD wishes to reduce or eliminate the $2.3 million payment to the Town. They have made threats of litigation in public and votes have been taken to reduce the amount but Town Counsel says they can't do that. Marsie West noted that Board is elected but is not representing us. John Halsey noted that the Town owns the RMLD and we accept their liabilities. He feels the public needs to be aware of what is going on. The Town Manager noted that the Charter Committee is passing the RMLD into the future. One would suggest a Board to study this issue and avoid litigation. This is an emotional issue and there has been talk about recalling the whole Reading Municipal Light Board. John Halsey noted that the thought of the Town and an asset battling in court is unthinkable and the public should be aware. The Town Manager noted that the Finance Committee guarantees no higher than 8% for health insurance increase. Energy costs are okay for FY16 but not in FY17. The Finance Committee agreed to reduce capital approximately $200,000 /year in FY16 and FY 17. (, bc- l Page 1 4 Board of Selectmen Minutes - October 28, 2014 - page 5 Preview January 15 Special Town Meeting Warrant — The Town Manager noted there are 12 Articles. If Town Meeting approves the Charter changes then it will go to the legislator as a special act. Red shows changes that the Charter Committee made; blue indicates what will be deleted and green has not been voted yet. The changes are a lot of word smoothing. Section 2.2 and 2.3 special acts — there is no intent or meaning change. Section 2.3 redistricting — it suggests that all ties go to the precinct meeting to be decided. Section 2.6 vacancies — residency is essential for Town Meeting members but residency for Board, Committee -and Commission members has not been decided. Town Counsel added a precinct meeting section. The Town Manager noted there was discussion about majority votes and whether a majority is of those present or of the total number of members. The Charter Committee discussed a Board of Selectmen majority quorum so there could be 2 — 1 votes. In addition, under types of groups, the Charter Review Committee recommends no ad hoc committees, subcommittees, etc. When a Board is created a sunset clause should be defined. Town Counsel recommends sunset clauses for all Boards. The Finance Committee has a nine year term limit which is three full terms after a partial. Marsie West noted that direction needs to be provided to the Bylaw Committee. The Town Manager noted that they should state if they are speaking as a Bylaw Committee member or a Town Meeting member. Daniel Ensminger noted that Section 2.13 paragraph a) should be a majority instead of two members. Marsie West indicated it should be kept at two members. Daniel Ensminger disagreed because a petitioned can be used to put an article on the Warrant. He feels that if the Board of Selectmen sponsor an Article it is presumed that the Board of Selectmen support it. Marsie West suggested discussing this when they have a full board. The Town Manager noted that Section 2.13 says the Board of Selectmen shall place on the Warrant. John Halsey noted that the point is not being able to close the Warrant if the vote fails. The Town Manager noted that Town Counsel has some changes under referendum procedures. Under Committees the Charter Committee is recommending the Board of Assessors be appointed by the Board of Selectmen. Section 3.2 the Executive Powers of the Town shall be vested in the Board of Selectmen is being deleted because some towns are moving away from that. They also added delegating licensing. Kevin Sexton asked if there was any discussion about the School Committee being an odd number and the Town Manager noted that they were asked and they preferred to leave it as is. Daniel Ensminger asked if making the Library Board appointed was discussed and the Town Manager noted that they did discuss it but didn't revisit it because it would be a big battle. The language has been cleaned up in Article 4. They have added the Board of Assessors, Town Forest Committee, Historical Commission, and Charter Review Committee. They feel all essential Boards should be listed. They also added that any elected Board, Committee or Commission can establish, appoint or dissolve committees. Section 4.14 regarding Associate members indicates which Boards have associates and the appointing authority appoints the Associates. 5 Page 1 5 Board of Selectmen Minutes - October 28, 2014 - page 6 Article 5 the Town Manager section has been rearranged. Under appointment we could all Library Director confirmed by the Library Trustees. At this time the Library Trustees hire all Library employees. The Town Manager is being added as the Chief Procurement Officer and the Charter Committee recommends that the Town Manager appoint the Ombudsman. When the Town Manager position is vacant they recommend changing 120 days to 180 days and he is not sure why they recommend appointing the Acting Town Manager within 30 days. Daniel Ensminger suggested adding not to exceed 90 days for the Acting Town Manager. The Town Manager noted that everything in Article 6 that couldn't be understood will be deleted. We will keep the organizational chart including the Schools and RMLD but it will just be published in the budget and the Board of Selectmen can approve the changes. We have added a vacancy clause for Town Counsel and changed the terms for the Town Accountant and Treasurer /Collector to July from April. They are also separating the Treasurer and Collector positions and added the Town Clerk. In the Finance and Fiscal Procedures section they added a deadline of February 1 for the budget to be submitted to the Town Manager. The Town Manager noted that Article 8 has not been voted on yet by the Charter Review Committee but it clarifies the computation of time has been clarified/ The section on elections will be a special act on recalls. There is also a section on removal of appointees which would allow for removal by the appointing authority by majority vote; a Board can request removal or 100 voters can request removal. The Town Manager noted that there will be an update at Town Meeting on the Permanent Building Committee. They are at odds over the schools. They agreed to a $2 million threshold and there are concerns that this will cut into the Finance Committee's recommendations to Town Meeting. John Halsey asked if the Permanent Building Committee will cut in on the working group that the schools established. The Town Manager indicated it will and the suggested bylaw will be brought to that group once Town Counsel approves it. Request Authorization for Internal Borrowing for the Public Library Project - The Town Manager noted that the Library bids will be opened tomorrow. We will borrow on February 1 for some amount. We may run short on state funding before then so we are asking for authorization to borrow $2 million internally. A motion by Ensminger seconded by Sexton that the Board of Selectmen authorize the Treasurer to borrow internal funds for the Library Building proiect up to a maximum of $2 million, in order to temporarily bridge any funding gaps between permanent borrowing for the proiect and proiect costs incurred was approved by a vote of 4 -0 -0. Approval of Minutes A motion by Ensminger seconded by Halsey to approve the minutes of October 14, 2014 was approved by a vote of 4 -0 -0. A motion by Ensminger seconded by Sexton to approve the minutes of October 20, 2014 was approved by a vote of 4 -0 -0. Page 1 6 Board of Selectmen Minutes - October 28, 2014 - page 7 A motion by Ensminger seconded by Sexton to approve the Executive Session minutes of October 14, 2014 as written were approved on a. roll call vote with all four members voting in the affirmative. A motion by Sexton seconded by Ensminger to adiourn the meeting at 10:15 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary Page 1 7 C-? r B'�' °nrcox Town of Reading Meeting Minutes Board - Committee - Commission - Council: Board of Selectmen Date: 2014 -11 -18 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: IIIQ WAIIIII01 Location: Selectmen Meeting Room Chairman John Arena, Vice Chairman Marsie West, Secretary Daniel Ensminger, John Halsey and Kevin Sexton Members - Not Present: Others Present: Town Manager Bob LeLacheur, Office Manager Paula Schena, RMLD General Manager Coleen O'Brien, Jane Parenteau, Brian Smith, Recreation Administrator John Feudo, Bill Brown, Stephen Crook, Justin Lizotte Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - John Arena noted that Town Meeting has been busy with the review of the Zoning Bylaws and the quality and number of comments are what he expected. John Halsey noted that he attended two Board of Health meetings. They are working on a strategic plan on where they are where they want to be. They invited Winchester Hospital, Hallmark Health, Peter Sanborn Place and other organizations to be part of the workshop. He expects they will have something to bring to the Board of Selectmen in January. Kevin Sexton noted that he and John Halsey attended the Veteran's Day breakfast and it was very well attended. He also noted that Frank Driscoll put on a nice program and the keynote speaker was very good. Town Manager's Report - The Town Manager noted that he attended a cultural meeting today consisting of about 100 groups. They will be getting out to the public pretty soon with a brand name. He also noted that he has added a Selectmen's meeting in January. The FY16 budgets are underway - we can't add much but will look at the longer term plan. There will be private road discussions in the near future that he will not be able to participate in. The first discussion is for private roads left by accident by developers who didn't complete the necessary paperwork. The second discussion is on private roads that homeowners want to be made public but the Town's standard is very high and not necessarily appropriate for all private roads. He intends to bring the accidental private roads to the Annual Town Meeting. John Arena asked if there was any money left behind for the accidental private roads and the Town Manager noted yes, but it might be hard to find. Page 1 1 U ' Board of Selectmen Minutes - November 18, 2014 - page 2 Discussion /Action Items RMLD Presentation - LED Program and Organizational /Reliability Study - RMLD General Manager Coleen O'Brien, Jane Parenteau and Brian Smith were present. Ms. O'Brien noted that they are transitioning from being reactive to responsive communication. They have unbundled the bills and the first unbundled bill was in July. She noted that the Reading Municipal Light Department is ranked as having one the lowest rates in the state. They are below the regional and national average in interruptions. Trees, vehicles and equipment are the main causes of outages. An organizational study is being done took look at employees, processes, salary ranges, restructuring, etc. They are also working on a reliability study which is a 20 year plan. The focus will be to load the skeleton of the GIS. Marsie West asked what the timeline is for the GIS and Ms. O'Brien noted this has been in the process for a long time. They need to start this process over because they are going from reactive to proactive. She noted that defaulted information does not help them, everything hinges on the GIS. John Arena asked why the original plan failed and Ms. O'Brien noted that it wasn't planned properly - they didn't visualize well. She also noted that we are joining Verizon's double pole software in January. LED Street Lights - Brian Smith noted that he met with the Town Manager about installing LED street lights and they installed 25W street lights to replace 50W, 100W and 250W. They also installed 93W flood lights in certain locations. The Town Manager noted that he didn't publicize the change so we would get honest feedback. There have been no complaints. He sent the Police around and they say it is fine. Brian Smith also noted that the Town has some street lights that were shut off years ago to save money. The Police Chief has looked at these lights and they will be removed. This will avoid phone calls from residents about lights being out. Kevin Sexton asked if there is a cost benefit that is being tracked and Mr. Smith indicated $3.3 million is the total cost. The $125 for the LED street lights is being split between four towns. The cost of the fixture is covered in the rate. Tree Trimming - Brian Smith noted they are going from a three year to a five year cycle. Some areas have to be visited more frequently so they will do directional trimming and increase from a five foot cut to an eight foot cut. They will be using a new tree company and they will need to have an arborist. Daniel Ensminger asked if Comcast or Verizon gets involved in the tree trimming and Ms. O'Brien noted they do not contribute but they do take advantage of our program. Charging Stations - Jane Parenteau noted that they are installing three dual charging stations to charge six vehicles at one time. This is at a commercial site in Wilmington and the employee will pay for the electricity using a credit card. There are power rebates program to rebate 50% up to $1500 of residential and commercial charging stations. John Arena asked about the cost of charging and Ms. Parenteau indicated approximately $.25 per kilowatt hour equaling $2. Discuss Birch Meadow Field Lighting Project - Recreation Administrator John Feudo, Recreation Committee members Rich Hand, Dan Foley and Frank Driscoll were present. John Feudo indicated this discussion is about the possibility of adding lights at Birch Meadow. He reviewed a quote from Musco Lighting which is the industry leader and they service the lights under a 25 year contract. He broke the area into different sections. Since we can't develop the area anymore then lighting the fields would increase field time and that would solve scheduling issues. The poles that are currently there have tires around i 2 Page 1 2 �j the Board of Selectmen Minutes - November 18. 2014 - page 3 them and some are leaning at 45 degree angles. He also noted that some of the lights are left on all night and that is a huge waste of money. With the Musco system he would just call or go online and to turn the lights on or off. John Arena asked if the RMLD could do anything for this and the Town Manager indicated he did not know. John Arena indicated he supports this but where is the money coming from. John Feudo noted that perhaps it could come from capital and do some fundraising if need be. John Halsey asked if Town Meeting already approved money for this and the Town Manager indicated that they approved some lighting money. John Halsey noted that the installation lasts 25 years and we can recapture the capital costs through rentals. Justin Lizotte, 246 Bancroft Avenue, asked how parking will be impacted. He lives in the last house on the end of the road and he also noted that the lights are on at Morton Field and nobody is there. The Town Manager noted the parking situation would be handled by the Recreation Committee or the Board of Selectmen as road commissioners. He noted that the whole area needs to be looked at, not just one section. Bill Brown noted that Engineering has the original plan from 1930 and nothing has changed. They had the same problems then. John Arena summed up that noise, lights and traffic are issues that need to be addressed. Request to Remove Restriction on the Sale of Nips for Liquor Junction, 1 General Wax - Jasmin Patel, owner of the Liquor Junction, indicated they are requesting the Board to remove the restriction on the sale of nips. The customers are requesting this. The Town Manager noted that they are the only package store with this restriction. The restriction was offered by the former owner mainly because he did internet sales. Daniel Ensminger noted that this is a very well run store. A motion by Ensminger seconded by Halsey to remove the restriction on the sale of nips from the Liauor Junction liauor license was approved by a vote of 5 -0 -0. Approve Change in Sunday Hours for Liquor Stores - The Town Manager noted that the Governor passed a law allowing package stores to open at 10:00 a.m. The licensees are required to notify the Town that they are doing this and the Selectmen have no option but to approve it. He also noted that Pamplemousse has not requested this at this time. A motion by Ensminger seconded by Sexton that the Board of Selectmen approve the change in Sunday hours for Hauor stores to open at 10:00 a.m. for: ♦ Busa's Reading Liauors, Inc. d /b /a Busa's Reading Liauors, 345 Main Street ♦ Athens Liauors, Inc. d /b /a Sguare Liauors, 11 Hiah Street ♦ Jay and Ricky. Inc. d /b /a Ricky's Liguor, 214 Main Street ♦ Kajal and Kevin LLC d /b /a Liauor Junction, 128 Market Place Shopping Center, One General Way ♦ Brooks Brew and Fine Wines, LLC d /b /a The Wine Shop and More, 676 Main Street was approved by a vote of 5 -0 -0. Page 1 3 Board of Selectmen Minutes - November 18, 2014 - page 4 Approve Liquor Licenses - The Town Manager noted that this is the annual renewals and there are no objections from the Police. John Halsey noted that people have been questioning why Ricky's Liquor is open. He noted that Ricky's Liquor was given a 90 day suspension for selling to minors. This was in addition to a four day suspension. They appealed to the Alcoholic Beverage Control Commission and their ruling was to carry over 40 days for two years based on good behavior. They already served 54 days and should another violation happen in 2 years then they will serve the 40 days on top of any new suspension. Daniel Ensminger noted that the ABCC cannot supersede the Board of Selectmen so the Board of Selectmen approved the landmark ruling. The Selectmen noted that their guidelines need to be reviewed in the future. A motion by Ensminger seconded by Sexton that the Board of Selectmen approve the All Alcoholic Club Liauor Licenses for: ♦ Reading Overseas Veterans, Inc. d /b /a Reading Overseas Veterans, 575 Main Street ♦ Meadow Brook Golf Corp. of Reading, MA d /b /a Meadow Brook Golf Club, 292 Grove Street ♦ Home Building Corp. d /b /a Knights of Columbus, 11 Sanborn Street ♦ Readina Veterans' Association, Inc. d /b /a American Legion Post 62, 37 Ash Street for a term expiring December 31, 2015 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. A motion by Ensminger seconded by West that the Board of Selectmen approve the All Alcoholic Package Store Liauor Licenses for: ♦ Busa's Reading Liguors, Inc. d /b /a Busa's Reading Liguors, 345 Main Street ♦ Athens Liguors, Inc. d /b /a Sauare Liquors, 11 High Street ♦ Jay and Ricky, Inc. d /b /a Ricky's Liauor, 214 Main Street ♦ Brooks Brew and Fine Wines, LLC d /b /a The Wine Shop & More, 676 Main Street ♦ Kaial and Kevin LLC d /b /a Liauor Junction, 128 Market Place Shopping Center, One General Way ♦ Pamplemousse Inc. d /b /a Pamplemousse, 26 Haven Street for a term expiring December 31, 2015 subject to the following conditions: All Bylaws, Rules and Reaulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. Page 14 Board of Selectmen Minutes - November 18, 2014 - page 5 A motion by Ensminger seconded by Halsey that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for: • Mandarin Reading, Inc. d /b /a Mandarin Reading Restaurant, 296 Salem Street ♦ Mecom, Inc. d /b /a Cafe Capri, 355 Main Street CAC Foods, Inc. d /b /a Venetian Moon Restaurant, 680 Main Street ♦ Pepper Dining Inc. d /b /a Chili's Grill & Bar, 70 Walkers Brook Drive The Boland Group III, LLC d /b /a Fuddruckers, 50 Walkers Brook Drive Bertucci's Restaurant Corp. d /b /a Bertucci's Italian Restaurant, 45 Walkers Brook Drive ♦ RARE Hospitality International, Inc. d /b /a Longhorn Steak House, 39 Walkers Brook Drive Ristorante Pavarotti, Inc. d /b /a Ristorante Pavarotti, 601 Main Street Phider Corp. d /b /a Grumpy Dovle's, 530 Main Street ♦ KOK, Inc. d /b /a Ove's, 26 Walkers Brook Drive ♦ Bistro Concepts, Inc. d /b /a Sam's Bistro, 107 Main Street ♦ Reading Pie LLC d /b /a Portland Pie Company, 54 Haven Street • RKR Corporation d /b /a Bunratty Tavern, 622 Main Street for a term expiring December 31, 2015 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen approve the Wine and Malt Liquor License for: • Palatat Pattenesuan d /b /a Bangkok Spice Thai Restaurant, 76 Haven Street for a term expiring December 31, 2015 subiect to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. Hearing - Approve FY15 Classification Plan - The Secretary read the hearing notice. The Town Manager noted that background material is on pages 20, 21 and 22 of tonight's handout. His old position was left vacant and was called Assistant Town Manager /Administrative Services. The Charter Committee discussed that the Ombudsman be delegated by the Town Manager to another employee. He feels it is not appropriate to have an Assistant Town Manager being an advocate for the public. His solution is to leave the one Assistant Town Manager position and add the Administrative Services Director position. He would also like a Selectman to assist in the hiring process. John Halsey and Daniel Ensminger indicated either one of them would be available to assist. A motion by Ensminger seconded by Sexton to close the hearing was approved by a vote of 5 -0 -0. Page 1 5 Board of Selectmen Minutes - November 18, 2014 - page 6 A motion by Ensminger seconded by West that the Board of Selectmen approve the amendment to the FY15 Classification Plan by removing the "Assistant Town Manager /Administrative Services" position and adding the "Administrative Services Director" position was approved by a vote of 5 -0 -0 Discuss Proposed Charter Changes - The Town Manager noted that the Selectmen reviewed the proposed charter changes but John Arena was not present at that meeting. Marsie West asked if the amendments could be added in a table at the end instead of being included with the document. She also requested that the definitions either be at the beginning or the end of the document. Marsie West noted there is also an issue with the wording of 7 days or less being business days. She also made note of the budget being available to the public not less than 7 days or more than 15 days. She asked if it has to be business days or just a certain amount of time. She recommends saying at least 15 days. John Arena indicated that wording is to make sure there is no shotgun hearing. On that note, Marsie West recommended making it 8 - 15 calendar days. The Town Manager noted that they removed the term "business" day out of the Charter. Marsie West noted that still doesn't resolve the computation of time issue. It refers to days that Town Hall is open which are business days. Bill Brown recommended leaving it as is because it gets confusing when it comes to referendums. Marsie West indicated that doesn't work for the average citizen when it comes to vacancies, removal procedures, recall procedures, etc. John Arena suggested referencing with an asterisk to go back to the section to clarify and Marsie West was fine with that. John Arena noted Section 4.14 gives Boards and Committees the right to establish committees and he asked if those are ad hoc committees and if they have to follow the same open meeting law. The Town Manager indicated yes and Town Counsel recommends giving all Boards and Committees a sunset clause. It was also noted that only elected Boards or Committees can establish committees. Daniel Ensminger brought up the issue of two or more Selectmen allows a minority to put an article on the warrant that the Board of Selectmen might not want to support. He asked if they could add that it is sponsored "by courtesy" of the Board of Selectmen. Marsie West noted that the Warrant belongs to Town Meeting not the Board of Selectmen. Daniel Ensminger asked if they can specify which Selectmen approved it if it is only two and the Town Manager indicated they could. Daniel Ensminger indicated he would like to strike that or change to three or more Selectmen. John Halsey noted that everything the Selectmen do is based on majority vote and why would this be any different. Marsie West noted they are not taking a vote they are just sending it to Town Meeting. Kevin Sexton suggested it should just be one then. John Arena indicated two is a filter. Daniel Ensminger noted that people can take the petition route and that only requires 10 signatures. Kevin Sexton asked if there is an 11th hour scenario that the Board is not thinking of. The Town Manager noted it is nice to have an avenue to make it a more public process and petition articles have not gone through the public process. Daniel Ensminger noted he will only support if the wording says "as a courtesy of the Board of Selectmen" because they will be bringing something to Town Meeting that hasn't been discussed yet. Ensminger moved to recommend to the Charter Committee to strike section 2.13a. The motion was seconded by Sexton. Kevin Sexton suggested waiting and talking to Town Counsel regarding different wording. Daniel Ensminger indicated he will table the motion until Town Counsel rules. The Town Manager noted he will ask Town Counsel but if we can't add the wording what do they want to do. John Arena responded to put the two "named Selectmen" as the sponsor of the Article. John Halsey noted he never votes his rights away so he will vote against the motion. Kevin Sexton noted that he supports the wording of two or more "named Selectmen." Page 1 6 Board of Selectmen Minutes - November 18, 2014 - page 7 Kevin Sexton asked if we need the 100 voters for a Special Town Meeting and Marsie West indicated we don't have to call a Special Town Meeting. Marsie West asked if a registered voter can get signatures from another precinct and Bill Brown indicated no - the law says one man /one vote. The Town Manager noted that members of Boards, Committees and Commissions do not need to be a resident. We do have some committees that sometimes need business owners. Marsie West noted that the Building Committee is talking about having Finance Committee members. The Town Manager noted they are not specifying the Finance Committee but they could act as a liaison. Bill Brown noted that any committee of Town Meeting is exempt from the Open Meeting Law. The Town Manager disagreed and noted only Town Meeting is exempt from the Open Meeting Law. Marsie West noted that the Bylaw Committee serves no purpose other than being used as a platform for personal opinions. The Town Manager noted that he suggests changing to just covering the General Bylaws, not zoning. He also noted that Town Counsel has indicated there is no best practice for Bylaw Committees. John Arena noted that there is no charge for the Bylaw Committee. Stephen Crook, Chairman of the Bylaw Committee noted that they are too open ended and need to focus. John Arena noted that a scope of the Bylaw Committee needs to be added. The Town Manager noted that the petition that the Board received has the wrong date on it but Town Counsel says that is okay. John Arena noted he had concerns about that because in the past if a petition had any extraneous marks it would not be accepted. He questions why a wrong date would be accepted. Approval of Minutes A motion by Ensminaer seconded by Halsey to approve the minutes of October 28, 2014 as amended was tabled at Marsie West's reauest because she has amendments that she forgot to bring with her. A motion by Ensminaer seconded by West to approve the minutes of October 29, 2014 as amended was approved by a vote of 4 -0 -1 with Arena abstaining. A motion by Ensminaer seconded by West to go into Executive Session to discuss strategy with respect to collective bargaining and the Chairman declares that an open meeting may have a detrimental effect on the negotiating position of the body and not to come back into Open Session was approved on a roll call vote with all five members votina in the affirmative. Respectfully submitted, Secretary Page 1 7 �6? LjC &-5 LeLacheur, Bob From: Miyares and Harrington LLP <contact= miyares-harrington.com@cmail2.com > on behalf of Miyares and Harrington LLP < contact @miyares- harrington.com> Sent: Monday, December 01, 201410:45 AM To: Town Manager Subject: Miyares and Harrington LLP e- Newsletter - November 2014 November 2014 Welcomel Welcome to the inaugural edition of the Miyares and Harrington LLP e- Newsletter! With these newsletters, we hope to pass on the most recent and vital legal news, analysis, tips and guidance relevant to cities and towns in the Commonwealth. For ease of use, we've boiled down the discussion of each subject to its most important, functional components, but please know that we are always happy to expand on or discuss what we've learned. Just give us a call or send us an email if something catches your eye! Included in this issue, Does Your City or Town Need to Improve its Drinking Water or Wastewater '! Infrastructure but Lack Funds? • Revisions to Tax Increment Financing (TIF) Statutes • Update to the Water Management Act Regulations cat- I Does Your City or Town Need to Improve its Drinking Water or Wastewater Infrastructure but Lack Funds? M.G.L c.40, §39M, which became effective on August 6, 2014, provides cities and towns with a new tool to fund capital improvements to public water and wastewater systems. The new statute allows local acceptance of a tax surcharge of up to 3 %, with the revenue dedicated to a separate account known as the Municipal Infrastructure Investment Fund. The revenue may be used only for "maintenance, improvements and investments to municipal drinking, wastewater and stormwater infrastructure assets." To accept the statute, a Town must first vote at Town Meeting, then submit the statute to the voters by ballot at the next regular town or state election. A City must first obtain approval of its legislative body LI _. and then by voters by ballot at the next regular city or state election. Since the statute does not specify the form of the ballot question, Town Counsel or the City Solicitor should work with the Elections Division to create the proper form of ballot question. The municipality has the option of setting the surcharge percentage either in the vote by the legislative body or the ballot question, or both. Should your City or Town accept M.G.L. c.40, §39M? Pros: If most of your citizens are public water or sewer customers, this statute is an option worth considering The surcharge is tax deductible, a plus for those homeowners who itemize their taxes. (Domestic water and sewer bills are generally not deductible). The surcharge is also proportional to the value of the landowner's property, whereas water and sewer utilities typically have one rate applicable to all but the largest users. The program provides transparency for utility capital vs. operational costs because a municipality can set water rates at a level necessary to fund only operational costs while funding capital costs from the Municipal Water Infrastructure Investment Fund. Cons: Unsurprisingly, if a significant portion of landowners are not able to obtain public water or sewer or have chosen not to be into the public system, this surcharge is unlikely to be seen as fair. Other voters may also see unfairness in how the surcharge redistributes the burden of funding water or wastewater improvements without taking the amount of usage into account. The full text of Ch. 259 of the Acts of 2014 may be found here. q� Commuter Services 1011 OF-C -3 AM In: 5 Mr. Robert LeLacheur, Jr. Office of the Town Manager 16 Lowell Street Reading, MA 01867 RE: Train Whistles in Town of Reading Dear Mr. LeLacheur: December 1, 2014 Refer to your letter of October 31, 2014, addressed to MBTA General Manager Beverly Scott. Please allow me to respond on Or. Scott's behalf. After investigating the issues raised in your letter, Keolis Commuter Services has implemented the following: All locomotive engineers had been issued written instructions apprising them of the fact that Reading's quiet zone status has been restored following the completion of the roadwork. There was an unintentional misunderstanding that led to the continued whistle blowing which is why it was only heard from a couple of trains passing through that area. The problem has now been resolved. Reading residents can once again enjoy the peace and quiet that is afforded them by having the whistle ban in effect. Thank you for reaching out to me so that we could ensure compliance to this FRA granted ruling. If you have further comments or concerns, please feel free to contact me at tom.mulliganfakeoliscs.com or (617) 600 -5051. Sincerely, Thomas M. Mulligan General Manager Keolis Commuter Services cc: Beverly A. Scott, Ph.D., General Manager and Rail & Transit Administrator, MBTA Keolis Commuter Services 470 Atlantic Avenue, 5th Floor Boston, MA 02210 617- 222 -8001 www.keotiscs.com �� L/ C- (bo5 �- vrer��n FiOS" TV Programming Changes Dear Valued Verizon Customer, As of December 3, 2014, Verizon and Cox Media Group reached an agreement to renew the contract allowing Verizon ROSS to carry Cox Media Group Network's programming on the following channels: CHANNELS STATION STATION NAME 8 & 508 FOX WFXT -Fox TV 25 490 FOX WFXT Movies 21 & 521 FOX Fox TV 25 The channels will be updated shortly to carry Cox Media's programming. At Verizon, we understand the importance of providing. great service at a fair price. We apologize for any inconvenience you experienced as a result of the temporary loss of this programming. The agreement we reached with Cox Media provides reasonable rates and ensures you will receive the programming you want. Please know that we appreciate your patience and value your business. We hope this email has addressed any concerns you may have had regarding your ROS TV channels. Please visit verizon.com /content to find the latest information regarding this agreement. Sincerely, Your Verizon Team qL--