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HomeMy WebLinkAbout2015-04-30 Annual Town Meeting MinutesANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:38 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of all motions in their entirety. Motion Carried Motion made by Mark Dockser, Finance Committee to remove Article from the table. Motion Carried ARTICLE 2: To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning and Development Commission, Town Manager and any other Official, Board or Special Committee. Finance Committee Report Mark Dockser Thank you Mr. Moderator Mr. Moderator, my presentation may take slightly more than 10 minutes. I would ask permission to speak for about 15 minutes. Fellow Town Meeting Members, members of Town Boards and Committees, and fellow Reading residents, thank you for the opportunity to provide this update to Town Meeting. Overview: Here is a quick overview of what I will discuss this evening. The last few years have been marked by strong leadership in Reading Town Government and the School System. We are the envy of many other communities who often seek out our solutions as a model for their own. Conservative budgeting practices have worked well for us, and we have benefitted from revenues ahead of forecast and cost increases at or below budgeted levels: • Responsible management has lead to the return of unexpended funds in meaningful amounts each year • Substantial regeneration of funds have occurred complimented by conservative budgeting leading to real growth in our cash reserves to nearly 10% at the end of FY'14 and they will probably be 8 +% at the end of FY'15. This has allowed Town Meeting to Fund the Town and Schools with budgets offering, in most cases, close to level services. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 However, the situation will tighten in FY'16 and FY'17, and beyond. We anticipate budgets that will not allow for the same type of level services starting in FY'17. We will continue to recommend the use of modest amounts of our reserves to help balance the budget to avoid sharp cuts and layoffs. But we are at a decision point for services that we want and are willing to pay for. • Accommodated costs, things like healthcare inflation, which we have very little influence on, represent almost 38% of the budget are increasing at 5 +% per year while revenues have been increasing at 2.5- 3% which will create a gap starting in FY'17... • Requiring us to look at a variety of cost reducing and revenue enhancing options. After 11 years since the last Prop 2 1/2 override approved by Reading voters, this and other options all need to be on the table. New Revenue: For the past few years, our growth and regeneration has been stronger than forecast which is great. That said, we are very reliant on Property taxes for revenues. The reliance has increased from 64% in 2003 to 72% in FY'16. This has happened as state aid has decreased as a % of our needs and revenues. Local revenues have been stronger than forecast with automobile excise taxes at record high levels. These would appear to be post- recession trends that are likely to moderate in the coming years. And while they help a lot, they are not enough to move the needle by themselves. The town had the foresight to vote in a meals tax in 2010 that has produced new revenues, and higher than had been initially thought. The many wonderful restaurants in town have been experiencing good business from Reading residents as well as enticing customers from beyond our town borders, creating a source of revenue beyond property taxes. Accomplishments: FY'15 included substantial accomplishments as Dr. Ensminger mentioned on Monday night. • We were able to leverage $5M in state funds to support our library building project. • Town Meeting earlier this year approved the purchase of Modular Classrooms to support the Kindergarten population and Space Needs • We once again funded $475,000 to the OPEB, other post - employment benefits, account. Though Finance Committee has not created a formal policy on OPEB, this will be our fourth year in a row of substantial contributions. As budgets tighten in coming years, it will become more challenging to continue this level of contribution. • Strong financial management policies and operations along with a strong cash position led Standard & Poors to rate us AAA, the highest rating, saving us significant debt service costs in achieving an interest rate of below 1.5% for the library and other town projects. How We Have Been Able to do it... The Town has used conservative management and creative, forward thinking to achieve many efficiencies in how our services are offered. Our ability to achieve close to level funding budgets has been a result of many one time or limited time opportunities that are less likely to be replicated in the coming years. • We continue to recommend and to use $1.5 -$1.7M in free cash each year to supplement a fairly conservative budget. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 • We have achieved both stronger revenue growth and substantially higher funds regeneration in the last several years, resulting in our cash reserve position actually improving. These cannot be counted on going forward, though they are most certainly quite welcome. • Relatively modest increases in health care costs in the last few years were below budget. This is likely to change going forward. For this year, we were given an increase of ONLY 8.2 % ... and we anticipate that this or a higher number are likely for the future. • The Town was awarded substantial, multi -year Federal Grant money through the schools and RCASA. • Extracurricular Activity fees have been increased and for FY'16, School Reserve accounts have been reduced to achieve our budget. FY'16: This year, Finance Committee started to look at a 2 -year planning horizon for operating budgets, to allow the Town and Schools to project and budget their expenditures over a longer window allowing for improved transparency for the community. This approach necessitated making some assumptions for both the rate of healthcare cost inflation and state aid growth, neither of which are known at the start of the budget process. This is the first year of this approach, and we did pretty well —we were very close with our estimate for the rate of increase in healthcare, and a little short on our estimate of state aid which we assumed would increase by 2.5 %. Finance Committee has sponsored a series of Financial Forums over the last several years seeking and discussing ideas on how to find new sources of revenue as well as how to manage our costs of delivering services and improve efficiency. Many of these ideas have been proposed and /or implemented, resulting in many improvements. We plan to continue these forums and welcome input from one and all. For FY'16, it is once again the case that Finance Committee has recommended the use of $1.5 MM of Free Cash to supplement our operating budget and allow for this years close to "level service" budget. This level of Free Cash use along with the other proposals in front of Annual Town Meeting including paying for the extraordinary expenditure this year for snow and ice removal, will draw down our cash reserves but still leave us well above Finance Committee's current 5% reserve policy, probably in the 8% range. To be clear, Finance Committee is evaluating the sufficiency of 5% in reserves, and will report back to Town Meeting in the fall. Having a strong reserve buffer has served us very well in case of unexpected needs and has allowed us to keep our debt service costs very low. FY17 -FY18 Resource Squeeze: With accommodated costs, those areas like health care inflation that we cannot influence much at all, representing some 38 +% of our budget, and their rate of increase forecast to be 5 or more percent per year, our revenue growth of 2.5 -3% means that our operating budgets will be squeezed. We are doing great things with our tax dollars, but it is also important and instructive to look at what we are not doing. Both the Schools and the Town prepared a list of UNFUNDED activities that are in their presentations in the Warrant, so that you can see some of the items that are NOT currently being funded. Even with the continued use of modest amounts of free cash, the Town Manager and Superintendent have stated that they do not feel they can maintain the current level of services without a significant new revenue source in FY'17. Options: We believe it is prudent for the Town to review both the priorities as well as various options that should be considered in deciding about cuts vs. additional revenue. On Monday night, you heard the Chairs of both the Selectman and the School Committee commit to working together to address these issues. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Cost controls through efficiencies have been employed well by the town, and additional opportunities need to be identified. Services and spending need to be reviewed to determine where reductions and eliminations can be made. Revenue sources can range from long term solutions like economic development, to seeking out additional limited time opportunities. We can lobby for additional state aid though the realities of the MBTA situation may limit the opportunity for this. We can also explore some other state funding mechanisms like the Community Preservation Act to understand what it could do to help us. As I shared in my overview and as both the Chair of the Selectman and the Chair of the School Committee discussed on Monday night, there needs to be consideration and discussion about an override of Prop 2 112. The quick poll results from Monday evening showed that 2/3 of Town Meeting believes that a Proposition 2 1/2 override will be needed, and that it should be on the April ballot in either 2016 (38 %) or 2017 (28 %). Reading residents last approved an operating override more than 10 years ago, in 2003/2004. Prop 2 1/2: • Proposition 2 1/2 by design forces local government to make choices in the service levels they provide, to cut when revenue is insufficient and to choose to override when the desired level of services can no longer be maintained • Since 2000, 62% of the 351 cities and town in the Commonwealth have brought 1447 overrides to voters with just over 50% passing • In the last 4 1/4 years, since 2010, 30% of the cities and towns in the Commonwealth have brought 274 overrides to the voters with —50% passing o $85k in Chilmark for participation in an Estuary Project (2012) o $8.4 MM in Newton to support Municipal and Schools (2013) • This is an important discussion and decision to be taken by the Town. Path Forward: • Reading is a Community powered by a spirit of cooperation, volunteerism • One of the most desirable places to live in MA and entire USA • Fortunate to have Boards and Committees that can work together • Many diverse groups with needs and desires for services and different abilities to pay for these services • We encourage all constituencies in town to make their needs and desires heard by Town Officials, and by our fellow townspeople who will need to vote to support these changes. • Finance Committee is Town Meeting's representative in the process o Work closely with the elected and appointed bodies of the Town and with residents o Helping to determine the fiscal prudence and level of funding proposals for a potential operating override, ideas for cost cutting and improved efficiencies, and for other new potential sources of revenue. Finance Committee - Procurement Investigation Update Mark Dockser Thank you Mr. Moderator and Town Meeting Members Last Fall, Town Meeting voted to have Finance Committee use its investigative powers to review the purchasing and specifically, disposal policies, of RMLD and Town Departments. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 This investigation was sparked by the revelation of some RMLD vehicles that were sold at a very low cost and were the subject of an anonymous letter to the Town Accountant questioning the practice. The RMLD rescinded the transactions and the vehicles were returned to the RMLD. In addition, the Reading Municipal Light Board took action to change the policies in question last summer. Investigations by the Town Accountant also found that there had been at least one example of asset disposal in Town Departments that merited further investigation into our policies and procedures. An independent CPA firm, Powers & Sullivan of Wakefield, was hired by Finance Committee to lead these investigations. Early this year, the firm completed its review of the circumstances surrounding the RMLD disposal of excess vehicles last summer. Powers & Sullivan found that the policy in effect at the time of the discovery of the vehicle sales was poorly written and led to procedures that were far from best practices. Their report concluded that the new policy set in place by the Reading Municipal Light Board has addressed most of the issues and offers the opportunity for best practices. They however suggest that training be performed in order to create appropriate procedures. This is now taking place. They did not find anything that led them to suggest any further action relating to disposal of these vehicles was required. Finance Committee views this part of the investigation to be complete. Powers & Sullivan findings were presented to and approved by the entire Finance Committee by a vote of 9 -0 -0 on March 18, 2015. Powers & Sullivan is now working on Phase II with all Town, Schools and RMLD to explore procurement and specifically, disposal procedures, to review and evaluate current practices. A survey was circulated to all town, school and RMLD departments to understand where disposal occurs and how it is handled. Powers & Sullivan will analyze the resulting information and based on these findings, Finance Committee will meet to discuss if further investigation is warranted. Finance Committee will provide an update on this phase for an upcoming Town Meeting. Zoning Bylaw Update Jeff Hansen - Community Planning and Development Committee Introduction Thank you Mr. Moderator, Good evening Town Meeting members and guests. Jeff Hansen, Precinct 7, but for the next 10 minutes, I will be speaking on behalf of the Community Planning and Development Commission as its current chairman. I appreciate the opportunity to provide this update to Town Meeting. The purpose of this speech is two -fold: 1. To provide a brief recap of our recently approved and implemented zoning bylaw changes 2. More importantly, to provide awareness and an update on the work the CPDC is taking on in 2015 and beyond to round out our zoning bylaw rewrite Overview of Work completed Updated Moratorium on Medical Marijuana Treatment Centers Deleted off - premise signs Updated Special Requirements for Medical Marijuana Treatment Centers (Section 4.13) Reorganized entire bylaw Updated - Administration (Section 4) Updated - Use Regulations (Section 5) Reading Memorial High School Preforming Arts Center ANNUAL TOWN MEETING April 30, 2015 .. IL 3 September 2014 November 2014 Updated dimensional Updated Establishment Accessory Apartments controls for Dover of Districts (Section 3) Landscape Bylaw Amendment uses Deleted Wetlands New requirements for Protection District accessory structures and (Section 4.5) uses Deleted Mixed -Use Updated - Overlay District nonconforming (Section (Section 4.6) 7) Updated - Applicability and Severability (Section 12) All of the November 2014 changes were approved by the Attorney General on March 9, 2015. Given this recent AG approval, the revised zoning bylaw has been in use for a very short period of time - roughly 6 weeks. With that said the CPDC realizes that a lot of information was reviewed by Town Meeting in November and packed in a short period of time. A commitment I make tonight to Town Meeting is to formally track, discuss and debate any feedback received regarding the bylaw changes. ZAC and CPDC are confident we evaluated multiple angles for the proposed changes. However, CPDC may have some necessary cleanup to bring to Town Meeting as we get further along into our use of the Zoning Bylaw. Furthermore, zoning is an ongoing conversation. It is never done and we will always be adjusting. It's the conversation that we have which is critical to keep our bylaw current and in line with our goals as a Town - so please share your input and feedback. Now, to the topics the CDPC is currently working through in preparation for the November 2015 Town Meeting. Our scope for November has changed from what was originally communicated in previous forums. Originally, we wanted to accomplish everything in the two right -most columns of this slide. For many reasons, we felt it best to scale this back: 1. We've heard your feedback - do not have a repeat of November 2014. Too much information. Town Meeting wants smaller chunks so it can get into the necessary details. You'll see in a few minutes that our proposed scope for November 2015 is much more manageable. 2. Timeline: The Town Manager has issued a very strict set of milestones for the inclusion of topics on the Town Meeting Warrant. We simply could not accomplish all of these topics within the confines of that timeline. With those considerations in mind, CDPC had to decide what it could take on and what it should push out. We selected to push those topics in the "Beyond..." column for specific reasons: 1. PRD /PUD: These are large sections that need to be reviewed together. Initial discussion by the CDPC revealed some wide ranging opinions. We need the time to do proper due diligence. 2. Parking: Lots of public input required. Need time allocated for that discussion ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 3. Signs: At the recommendation of Town Counsel, push this topic out until a case that is currently in front of the US Supreme Court is resolved. Not to mention the amount of public input that will be required to get this right... Upcoming Work: This then takes us to the three primary areas that we are targeting to have on the November 2015 Town Meeting Warrant: 1. Update Section 1.0 - Purpose a. If you recall, this section was voted down in the September 2014 Town Meeting b. We have revisited the Purpose Section and included feedback from the Zoning Advisory Committee and Town Meeting to consider Lexington's Purpose section i. We have incorporated Lexington's simple Purpose statement while maintaining the existing set of bullets in our current Purpose statement 1. This addresses feedback from Town meeting to not change the sub - bullets 2. Plus the bullets all align to our Master Plan, so they are meaningful and reflective of our Town's goals 2. Update Section 10.3: Aquifer Protection District a. The CPDC and ZAC received extensive public feedback on this portion of the bylaw during Public Hearings and thru other channels b. We reached out to the Department of Environment of Protection to identify how we could change our bylaw in light of this feedback i. These conversations revealed that the Reading bylaw was stricter than what DEP requires ii. As a result, we have revised our regulations to be less strict - to address the extensive feedback while also staying in compliance with the DEP c. The changes include: i. Removal of residential districts from requiring artificial recharge systems 1. Rather, they can accomplish recharge using low impact technologies such as rain gardens and swales ii. We have also clarified the permitting requirements for lots within the district 3. Update Section 5.6.3: Commercial Communication Structures a. Town Counsel strongly encouraged the CPDC to revise this bylaw at the earliest opportunity. Our current bylaw does not comply with the Federal Telecommunications Act. b. Obviously, the new bylaw will comply with federal law c. It will also provide greater clarity regarding location, screening, setbacks, height, and application procedures d. We have a draft and the CPDC now needs to have discussion on some key elements: i. Who will issue the special permit (CPDC or ZAC) ii. More importantly, what the Town's 'preferences" are as to where these structures can be located Next Steps: As of today, the CPDC has completed drafting the revised Purpose and Aquifer Protection District sections and Town Counsel has also reviewed. The Aquifer Protection District draft will be sent to the DEP for one final review. We have some work to do on the Commercial Communication Structures section. We'll be taking that on in our next meeting. More importantly for Town Meeting's awareness, CPDC is tentatively scheduled to hold our public hearings on these bylaw revisions on June 8th and June 29th. You're encouraged to attend those meetings and provide input. You can request drafts of these revised bylaws by contacting the Planning Department. Additionally, the Planning Department is transitioning the Zoning Rewrite website to the Reading Town's website within the next few weeks. Keep an eye out for that. A key element of this transition is ensuring the information is well maintained and organized. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Following these public hearings, the CDPC will begin digging into the topics that have been pushed out beyond November 2015. A critical piece to this body of work is public input and awareness, so we intend to spend a good deal of time on the planning of this work. Conclusion: In conclusion and on behalf of the CPDC, I'd like to thank Town Meeting for your interest, input and participation in the rewriting of Reading's Zoning Bylaw. I can assure you it is a better document, thanks in large part to your involvement. As I mentioned, please continue providing your input to the Town's Planning staff. The CPDC will discuss this input in upcoming meetings. And lastly, please attend our public hearings. Thank you for your time this evening. Presentation given by: • Mark Dockser, Finance Committee - See Attached • David Hutchinson, Finance Committee - See Attached • Jeff Hansen, Community Planning and Development - See Attached • Kevin Sexon, Board of Selectmen - See Attached On motion made by Dan Ensminger, Board of Selectmen Article 2 was tabled ARTICLE 3: Move to choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Finance Committee Report: No report Bylaw Committee Report: No report Motion made by Dan Ensminger, Board of Selectmen to table Article 3 ARTICLE 5: Motion made by the Finance Committee that the Town 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 under Article 8 of the Special Town Meeting of September 29, 2014, further amended under Article 4 of the Special Town Meeting of January 5, 2015 and further amended under Article 6 of the Special Town Meeting of February 23, 2015; 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: ANNUAL TOWN MEETING Reading Memorial High School April 30, 2015 Preforming Arts Center General Fund - Wages and Expenses Account Line Description Decrease Increase B91 - Benefit wages F bility Retirement (Three Firefighters - Sewer station project (Batchelder Road) moved up from FY16 $520,000 SCADA for sewer station projects $80,000 $151,662 (new line) shifted from department to central Subtotals 0 $600,000 ocation Net Operating Expenses B99 - Benefits Retirement ($49,000) $224,000 Expenses Health Insurance Premiums ($175,000) C99 - Capital DPW Car #5 Chevy Blazer $34,000 $57,000 Expenses Firefi hter safety equipment $23 000 D99 - Debt Service Interest savings from refinancing $75,000 G91 - Administrative Administrative Services Director (delayed $75,000 Services Wages hiring) new G92 - Administrative Legal expenses $180,000 $215,000 Services Expenses Charter (8,500 copies mailed) $20,000 Tech nolo /Police software license $15,000 192 - Public Safety Police Academy tuition reimbursed by $3,500 Expenses employee directly to General Fund K91 - Public Works Vacation /Sick Retirement buyback* $11,628 wages K92 - Public Works Professional Development $10,000 $50,000 expenses Shade Trees $2,000 Fuel ($62,000) K93 - Public Works Snow & Ice removal $850,000 snow & ice (reduced by 50k K94 - Public Works Street Lights $25,000 street lights K95 - Public Works Rubbish Disposal $75,000 Rubbish L92 - Library Library Long Range Plan $40,000 -Expenses T99 - Town Facilities Natural gas expenses $50,000 Subtotals $524,000 $1,378,790 Net Operating Expenses $854,790 * From Sick Buyback stabilization fund $11,628 From Inspections Revolving Fund $140,000 From Free Cash $703,162 Enterprise Funds - Wages and Expenses Account Line Description Decrease Increase X99 Sewer Sewer station project (Batchelder Road) moved up from FY16 $520,000 SCADA for sewer station projects $80,000 $600,000 Subtotals 0 $600,000 Net Operating Expenses $600,000 From Sewer Reserves $600,000 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Finance Committee Report - given by Peter Lydecker: The Finance Committee recommends funding the proposed expenses in this Article as shown by a vote of 8 -0 -0 at their meeting on March 25, 2015. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Bob Lel-acheur - See Attached After some discussion a vote was taken: 2/3 Vote Required Declared by Moderator 150 Town Meeting Members in Attendance Motion Carried ARTICLE 6: Motion made by Board of Selectmen that the Town vote to transfer One hundred and fifty thousand ($150,000) dollars received from the Commonwealth of Massachusetts, pursuant to Section 9 of Chapter 40R of the Massachusetts Genera/ Laws, in payment for development within the Town's Smart Growth Zoning Districts from Free Cash into the Smart Growth Stabilization Fund. Background: The Town of Reading has received an additional $150,000 payment from the State for the 40R Smart Growth project at Reading Woods. This Article will move the $150,000 from Free Cash and into the 40R Stabilization Fund, which will therefore have a $503,000 balance. Prior 40R funds have been allocated to school technology and roadway and sidewalk improvements, but no use of offsets are planned as part of the FY16 budget. Finance Committee Report - given by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Sharon Angstrom - See Attached After some discussion a vote was taken: 2/3 Vote Required Declared by Moderator 150 Town Meeting Members in Attendance ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center Motion Carried April 30, 2015 ARTICLE 7: Motion made by the Board of Selectmen that the Town vote to appropriate the sum of Five hundred and fifty one thousand ($551,000) dollars to the irrevocable trust for "Other Post - Employment Benefits Liabilities ". Background: As part of the FY15 budget the town voted $475,000 in the general fund, $50,000 in the water fund, $20,000 in the sewer fund and $6,000 in the storm water fund for the Other Post Employment Benefit (OPEB) contributions. Although savings from health insurance premiums are available, this year they are needed to help pay for the snow and ice budget deficit so no further contributions are proposed. This Article will therefore move the total of all these OPEB contributions ($551,000) to the irrevocable trust for Other Post Employment Benefit liabilities. The OPEB valuation as of June 2013 shows the Town's OPEB liability at $67.2 million. The three Enterprise Funds and the Light Department are on an aggressive fully funding twenty year schedule, and the General Fund is on a partial funding schedule projected over thirty years. The latter will transition to a full funding schedule as soon as possible, as is required by law or after the Pension Fund is fully funded in FY28. Finance Committee Report - given by Anne Johnson Landry: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Sharon Angstrom - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 8: Motion made by the Board of Selectmen that the Town vote to accept the provisions of Section 1 of Chapter 901 of the Massachusetts Genera/ Laws, to allow the Town to participate in the Complete Streets Certification Program, and to apply for and receive grants pursuant to said program Background: Article 8 seeks approval from Town Meeting to allow the Town to access Complete Street Funding under Section 1 of Chapter 90 -I of the Massachusetts General Laws, including applying for and receiving grants in association with identified complete streets projects. The Board of Selectmen adopted Reading's Complete Street Policy on July 29, 2014, making the community eligible for "Certification" under the Complete Streets Program. Once certification is received, the Town will then be eligible to apply for grants and /or funding under Section 1 of Chapter 90 -I of the Massachusetts General Laws to implement Complete Streets Project, provided however, that Town Meeting has accepted this statute. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 A "Complete Street" is a street that accommodates all users including drivers, bicyclists and pedestrians. It allows for pro- active planning to ensure that a right -of -way is constructed or reconstructed to provide for safe travel for everyone in a manner that is specific to that particular situation. Some examples of complete street elements include: • Pedestrian: Sidewalks, crosswalks, curb neckouts, curb ramps, retimed pedestrian signals, audible signals, median refuges; • Bicyclists: Bicycle lanes, cycle tracks, sharrows, wide shoulders; • Streetscape: Improved lighting, streets trees, plantings, trash receptacles, street furniture; • Traffic calming: Narrowed travel lanes, rotaries, bow outs, tight curb radii, speed humps, rumble strips; • Shared roads, multi -use paths; • Improved signage. Reading already has many complete street elements and several are located right in the downtown. Here are some examples of complete street elements in Reading: M Note that Reading stands a solid chance of receiving grant funding as our Complete Streets Policy was ranked in a sixth place tie across the entire country, as reported by the National Complete Streets Coalition. Finance Committee Report - -given by Paula Perry: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Reading Memorial High School Preforming Arts Center Bylaw Committee Report: Board of Selectmen Report: 0 -0 to support this Article. Presentation given by: • Jessie Wilson - See Attached ANNUAL TOWN MEETING April 30, 2015 No report The Board of Selectmen at their meeting on March 24, 2015 voted 5- After some discussion a vote was taken: Motion Carried ARTICLE 9: Motion made by Barry Berman, Board of Selectmen to Indefinitely Postpone Presentation given by: • Bob LeLacheur - See Attached Motion to Indefinitely Postpone Carried ARTICLE 10: Motion made by the Board of Selectmen that the Town vote to authorize the Town Manager to enter into a contract or contracts for the acceptance, processing or disposal of its municipal solid waste, including any extension, renewal or option under an existing contract, for a term in excess of three years, upon such terms and conditions determined by the Town Manager to be in the best interests of the Town; or take any other action with respect thereto. Background: Subsequent Town Meeting in November 2005 authorized the Town Manager to enter into a contract for this purpose exceeding three years but not twenty years. The final deal struck a few months later involved a five -year contract with a five -year renewal, which expires on July 1, 2016. The current rubbish and recycling collection contractor is in the process of putting together proposals for both five and ten years, with additional renewal options. While rubbish and recycling contracts are not subject to typical state procurement laws, the current climate in the industry is more competitive than it was ten years ago. As a result the Town may decide to issue a formal request for competitive quotes from any qualified parties instead of renewing with the current contractor. The final determination will be made by the Town Manager in consultation with the Board of Selectmen. Factors for this decision will include level and quality of service in addition to short -term and long -term cost considerations. The required first step is for Town Meeting to grant permission to enter into any contract longer than three years. Finance Committee Report - given by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report ANNUAL TOWN MEETING Reading Memorial High School April 30, 2015 Preforming Arts Center Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Jeff Zager - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 11: Motion made by the Board of Selectmen that the Town vote to amend Section 8.8 Animal Control of the General Bylaw in the following manner: 8.8 Animal Control Pursuant to the authority set forth in M.G.L. Chapter 140, Sections 136A -137E, inclusive, and any other relevant statutes and regulations issued pursuant thereto, 147Athe following bylaw is enacted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions As used in this bylaw, the following words and terms have the following meanings: 8.8.1.1 Animal Control Appeals Committee (ACAC) The "Hearing Authority," as that term is defined in M.G.L. Chapter 140 Section 136A charged with the responsibility of handling dog complaints pursuant to M.G.L. Chapter 140 Section 157. 8.8.1.2 Animal Control Officer (ACO) A person designated appointed by the Town Manager who is authorized to enforce this Bylaw and M.G.L. Chapter 140, Sections 136A -174E, inclusive. 8.8.1.3 Dangerous Dog A dog that either; (a) without justification, attacks a person or domestic animal causing physical injury or death; or (b) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. 8.8.1.4 Effective Voice Control To be under effective voice control, the animal must be within the owner's or keeper's sight and the owner or keeper must be carrying a leash and the animal must refrain from illegal activities. 8.8.1.5 Euthanize An order by the Animal Control Appeals Committee (ACAC) that a dangerous dog be euthanized in accordance with M.G.L. Chapter 140 and the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.1.6 Keeper A person, business, corporation, entity or society, other than the owner, having Possession of a dog. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 8.8.1.7 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, boarding, sale, training, hunting, companionship or any other purpose. "Kennel" includes commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. 8.8.1.8 Kennel License A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 8.8.1.9 License A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner or keeper of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 8.8.1.10 License Transfer The registration issued to a dog already licensed in another U.S. jurisdiction, after the dog moves into the Town of Reading. 8.8.1.11 License Period An annual period, from January 1 through December 31. 8.8.1.12 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 8.8.1.13 Nuisance Dog A dog that: M by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or 00 by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enioyment; or NO has threatened or attacked livestock, a domestic animal or person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances. An animal that repeatedly vielates Seetien 8.8.3 8.8.1.14 Permanent Restraint An order issued by the Animal Control Appeals Committee under Section 8.8.5.3 requiring a dangerous dog's keeper to restrain it. 8.8.1.15 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 8.8.1.16 Running at Large A dog is running at large if it is not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the owner's or keeper's sight and the owner or keeper is carrying a leash). 8.8.1.17 Temporary Confinement Order An order issued by the ACO pursuant to Section 8.8.4.4 authorizing or requiring the temporary housing of an animal. 8.8.1.18 Temporary Restraint Order ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 An order issued by the ACO under Section 8.8.4.3.-2 requiring the dog's owner or keeper to restrain a nuisance dog or suspected dangerous dog for thirty (30) days. An invisible fence will not be considered a temporary restraint for a suspected dangerous dog. 8.8.1.19 Other Meanings Any word or term defined in M.G.L. Chapter 140 Section 136A and not otherwise defined here, is incorporated by reference. 8.8.2 Vaccination, Licensing and Fees 8.8.2.1 Three or fewer dogs License and vaccination requirements All dogs six months and older, while residing in the Town of Reading, must have a license from the Town Clerk. To obtain or renew the license, each dog owner or keeper must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner or keeper may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. New Dogs Within thirty (30) days of acquiring a dog six (6) months of age or older, each dog owner or keeper in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Puppies Within six (6) months of a puppy being born, each dog owner or keeper in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Residents A new resident who owns a dog six (6) months of age or older must license it within thirty (30) days after moving into Reading. The Town Clerk will issue each dog a transfer license upon the owner's or keeper's surrender of a current license from another U.S. jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. Lost Tags and Replacement Tags Dog owners and keepers must replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. Tag exemptions for dog events and medical reasons: • A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its owner or keeper has the tag at the event and available for inspection by the ACO. • When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog is exempt from wearing a tag until it recovers, from the requirement that its license tag be affixed to its collar, provided its owner or keeper has the tag in his or her possession and available for inspection by the ACO. Annual Renewal Dog owners and keepers must renew each dog license annually. The annual licensing period runs from January 1 through December 31. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 License due Date and Late Fee The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31 each year. Dog owners and keepers must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Friday, Saturday, Sunday or legal holiday). Any license renewed after this date is overdue, and the owner or keeper must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's or keeper's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner or keeper, pursuant to M.G.L. Chapter 40 Section 58. License Fees The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and non - neutered or non - spayed dogs. The fee for neutered or spayed dogs shall be less than the fee for non - neutered or non - spayed dogs. There is no fee for a dog license for service dogs as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No fee shall be charged for a license for a dog owned by a person aged 70 years or over. 8.8.2.2 Four or more dogs License and Vaccination Requirements Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee who is also the owner or keeper of the dogs must present proof of current rabies vaccinations for each dog older than six months in the kennel. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. Kennel licensees who offer temporary boarding services must obtain valid proof that each dog in the kennel that is older than 6 months has received a current rabies vaccination which proof must be maintained in accordance with 8.8.2.1 bullet one herein. New Dogs and New Puppies The kennel licensee who is also the owner or keeper of the dogs must report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. Inspection Process Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector must inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: • The location of the kennel is appropriate for housing multiple dogs. • The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. • The area provided for housing, feeding, and exercising dogs is no closer than twenty (20) feet to any lot line. • The area provided for housing, feeding, and exercising dogs is no closer than fifty (50) feet to any existing dwelling on an abutting lot. • The kennel will be operated in a safe, sanitary and humane condition. • Records of the numbers and identities of the dogs are properly kept. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 • The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. Periodic Inspections Before a kennel license is renewed, and at any time they believe it necessary, the ACO and /or the Health Division may inspect any kennel. If the ACO or the Health Division determine that the kennel is not being maintained in a safe, sanitary and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. Kennel Review Hearings Within seven (7) business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within fourteen (14) days after the notice date. Within seven (7) business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kennel. Penalties Any person maintaining a kennel after the kennel license has been denied revoked or suspended will be subject to the penalties in Section 8.8.7 of this bylaw. Annual Renewal Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. License Due Date Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, if the 15th falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40 Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. Fees The fees for licensing each kennel shall be established by the Board of Selectmen. Incorporation The following provisions of M.G.L. Chapter 140 are expressly incorporated herein: Section 137B - Sale or other delivery of unlicensed dog by kennel licensee; Section 137D - Licensee convicted of violation of statutes relating to offenses against animals; and Section 138A - Importation of dogs and cats for commercial resale, etc. 8.8.3 Conduct of Animals 8.8.3.1 Endangering Safety No animal owner or keeper shall allow it's animal to bite, menace or threaten, all without provocation, so as to endanger the safety of any person, domestic animal or livestock provided such threat or attack was not a grossly disproportionate reaction under all the circumstances. This section is not meant to preclude an animal from acting as a watchdog on its owner's or keeper's property. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 8.8.3.2 Disturbing the Peace No animal owner or keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling, causing damage or other interference that a reasonable person would find disruptive to one's quiet and peaceful enjoyment for a period of time exceeding 15 minutes. Or, by excessive barking or other disturbance, which is a source of annoyance to a sick person residing in the vicinity. This section is not meant to preclude a dog from acting as a watchdog on its owner's or keeper's property. 8.8.3.3 Damaging Property No animal owner or keeper shall allow the animal to damage public or private property or realty. 8.8.3.4 Running at Large When not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be under effective voice control, the animal must be within the owner's or keeper's sight and the owner or keeper must be carrying a leash. 8.8.3.5 Voice Control in Place of Leash Control Allowed A dog shall be under voice control when within the Town Forest or on Conservation lands. 8.8.3.6 Public Gatherings - Leash Control Only An animal may be at any public gathering not otherwise specified in this bylaw only if it is on a six -foot or shorter leash and the animal must refrain from illegal activities. 8.8.3.7 School Grounds Animals are not allowed during school - leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the animal may be on school grounds only if it is on a six -foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. 8.8.3.8 Exception for Assistance Animals (service animals) Section 8.8.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.9 Chasing No animal owner or keeper shall allow the animal to chase a person, motor - powered vehicle, human - powered vehicle, or animal drawing or carrying a person. 8.8.3.10 Dog Litter Every dog owner or keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its owner's or keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of M.G.L. Chapter 140 Sections 151 and 151A to carry out the provisions of this bylaw and to perform such other duties and responsibilities as the Town Manager or his designee may determine. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 8.8.4.2 Duties The ACO's duties shall include but not be limited to the following: • Enforcement of the Town of Reading Animal Control bylaw and relevant State regulations. • Explanation of bylaw violations. • Notification to the owner or keeper of unlicensed dogs. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO shall issue awe Ttemporary Rrestraint Order to the owner or keeper of any animal that is a nuisance or that is awaiting a decision under Section 8.8.6 as to whether it is dangerous. An order 0 Ttemporary Rrestraint Order is an order that the animal must be confined to its owner's or keeper's property when not on a six (6) foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's or keeper's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than thirty (30) days unless the ACO renews it in writing for subsequent thirty (30) day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's owner or keeper can petition the Animal Control Appeals Committee (ACAC) under Section 8.8.5.2 to rescind the erder of Temporary Restraint Order. 8.8.4.4 Issuance of an Order of Temporary Confinement Order The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this bylaw and may issue an Temporary Confinement Order authorizing such temporary housing. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's or keeper's expense. 8.8.4.5 Complaint Resolution The ACO shall investigate all written complaints arising within the Town pertaining to violations of this bylaw and try to mediate disputes between Town residents complaining that a dog owned or kept in Town is a nuisance dog or a dangerous dog. 8.8.4.6 Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee (ACAC) 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three -year overlapping terms by the Board of Selectmen. The ACAC will annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Right to Appeal When the ACO has investigated a complaint regarding an animal's behavior and has issued erdeF of Temporary Restraint Order or a Temporary Confinement Order with which either the animal's owner or keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within ten (10) business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within fourteen (14) days, at which the dog owner or keeper, the complainant, and the ACO must appear. 8.8.5.3 Findings and Further Appeals ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's temporary order deeisien and shall mail its ruling to the animal owner or keeper, complainant, and ACO within three (3) business days after the public hearing. 8.8.5.4 Hearings The ACAC shall hold public hearings and make decisions on any dangerous dog declaration under Section 8.8.6 or a nuisance dog declaration under Section 8.8.7. 8.8.5.5 Further Appeals An appeal from an order or decision of the ACAC may be made by either the Owner or Keeper or Complainant within 10 days at the Woburn District Court. 8.8.6 Dangerous Dogs 8.8.6.1 Declaring a Dog Dangerous A dog that either; • without justification, attacks a person or domestic animal causing physical injury or death; or • behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal may be declared dangerous by the ACAC. An exception may be made for a puppy (animal under six (6) months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog owner's or keeper's property. 8.8.6.2 Procedure for Declaring a Dangerous Dog Upon the written complaint of the ACO, any other public safety agent, or upon the petition of individual the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog dangerous and, if so declared, what remedy is appropriate. 8.8.6.3 Exceptions No dog shall be deemed dangerous: • Solely based upon growling or barking or solely growling and barking; • Based upon the breed of such dog; or • If such dog was reacting to another animal or to a person and such dog's reaction was not grossly disproportionate to any of the following circumstances: • Such dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; • The person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of such dog; • The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking such dog; or • At the time of such attack or threat, the person or animal that was attacked or threatened by such dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to a gated, fenced in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing. 8.8.6.4 Remedies Upon its finding that the dog is dangerous, the ACAC shall order one of the following remedies: permanent restraint or euthanasia in accordance with the American Veterinary Medical Association Guidelines on Euthanasia. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 A Permanent Restraint Order is an order that the dog must at all times while on its owner's or keeper's property be kept within the owner's or keeper's house or a secure enclosure. The secure enclosure shall be a minimum of five (5) feet wide, 10 feet long, and five (5) feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than nine (9) gauge chain link fencing; the floor shall be not less than three (3) inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the owner or keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least One Hundred Thousand ($100,000) Dollars for the benefit of the public safety; and whenever removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. A Euthanasia Order is an order to take the life of the dog by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.7 Nuisance Animal 8.8.7.1 Declaring a Dog to be a Nuisance An animal that repeatedly violates Section 8.8.3 of this bylaw may be declared a nuisance dog by the ACAC. 8.8.7.2 Procedure for Declaring a Dog to be a Nuisance Upon the written complaint of the ACO, any other public safety agent, or upon the petition of individual the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog to be a nuisance dog. The ACAC may further order that the owner or keeper of such dog take remedial action to ameliorate the cause of the nuisance behavior. 8.8.8 Penalties 8.8.8.1 Fines Any animal owner or keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license; and any animal owner or keeper who fails to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.8.2 Reimbursement of Costs If the Animal Control Officer confines a dog and the animal owner or keener does not pay all fees directly to the kennel or veterinary clinic, then the dog's owner or keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been licensed, the owner or keeper must obtain a license and pay any applicable late fee before the dog can be released. 8.8.8.3 Penalties for Violating Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of restraint orders. 8.8.9 Miscellaneous 8.8.9.1 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may also be enforced by non - criminal disposition in accordance with the provisions of ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Section 1.8 of this bylaw, and M.G.L. Chapter 40 Section 21D. The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense. z. =z - - -- �� - or take any other action with respect thereto. Background: A previous Town Meeting voted to change this section of the general bylaws. However, there was a caution issued by the Attorney General's office about the appeals process in this bylaw. In addition, underlying state law on animal control has been in the process of changing, which is why we hesitated to bring this back to Town Meeting. Our new Town Counsel has been working with the AG's office and we have developed a two -step plan to remedy the AG's caution and to conform to the underlying state law changes. The first step is the proposed wording changes cited in this Article above, which will at a minimum satisfy the AG's office in the short term. Some changes include the following: 8.8.1.1 An added definition for the Animal Control Appeals Committee with proper citation of state law; 8.8.1.2 The addition of state law citation in the section about the Animal Control Officer; 8.8.1.6 The addition of a definition for a Keeper. Note that this term is added throughout several following sections; 8.8.1.13 A revised definition of a Nuisance Dog; 8.8.1.17 An added definition for a Temporary Confinement Order which is then used in some sections that follow. The second step will be a streamlined and revised version of this Bylaw completed by Town Counsel no later than the 2016 Annual Town Meeting. This process will include at least one Public Hearing by the Board of Selectmen to solicit input from the community on proposed substantive changes, if any. As revised above the bylaw will be acceptable to the AG's office and will not be in conflict with state law - but all are in agreement that we can provide a much improved version with the second step. Finance Committee Report: No report Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 4 -0 -0 at their meeting on March 24, 2015. Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: Bob LeLacheur - See Attached After some discussion a vote was taken: Motion Carried ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 ARTICLE 12: Motion made by Board of Selectmen that the Town vote to amend the General Bylaws by inserting a new Section 3.3.1.6 as follows: 3.3.1.6 Appointment of Associate Members All boards and committees appointed by the Board of Selectmen may have Associate Members. The provisions of this section shall be applicable to all Associate Members of such bodies except as otherwise provided. The number of Associate Members on a board or committee shall not exceed two - thirds (2/3) of the number of regular members on that board or committee. Associate Members shall serve for a one (1) year term. Associate Members shall be appointed by the Board of Selectmen. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular matter that comes before a board or committee, the chair of such board or committee may designate one or more Associate Members to deliberate and vote on any matter before the board or committee. If more than one Associate Member is available to fill a temporary vacancy, the chair shall designate the Associate Member having the greatest tenure on the board or committee; provided, however, that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. or take any other action with respect thereto. Background: Special Town Meeting in January 2015 indicated a desire to defer further details about Associate Membership to a future General Bylaw discussion, and to leave the language in the Home Rule Charter broad on this topic. Without such a new General Bylaw all Associate memberships will expire on June 30, 2015. The proposed language above is meant to be a starting point for discussion at Annual Town Meeting. While the Moderator will rule on individual amendments that are offered on the floor, he has indicated that this beginning language should allow for a wide ranging discussion. The Board of Selectmen will discuss this issue further at their meeting on April 14, 2015, and may develop a motion for Town Meeting as a starting point in the discussions. Finance Committee Report: No report Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 4 -0 -0 at their meeting on March 24, 2015 as it appeared in the warrant. The Bylaw Committee did not vote on the motion as it is presented. Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Bob LeLacheur - See Attached Motion made by Angela Binda, Precinct 5 as follows: ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 if n9eFe than ene Asseciate MengbeF is available te full a tempeFaFy vecaney, the eha'F shall de-ignate th.e , that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. Counted Vote 62 Voted in the affirmative 68 Voted in the negative 150 Town Meeting Members in Attendance Motion Does Not Carry Motion made by Ron D'Addario, Precinct 6 as follows: The number of Associate Members on a board or committee shall not exceed two- thirds (2/3) of the number of regular members on that board or committee. Associate Members shall serve for a ere (1) two (2) years term, so arranged that as nearly an equal number of terms as possible shall expire each year. Associate Members shall be appointed by the Board of Selectmen. Motion Carried After some discussion a vote was taken: Motion Carried as Amended ARTICLE 13: Motion made by William Brown, Precinct 8 to Indefinitely Postpone Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 0 -2 -2 at their meeting on March 24, 2015. Motion to Indefinitely Postpone Carried ARTICLE 14: Motion made by the Board of Selectmen that the Town vote to authorize the Board of Selectmen to enter into a lease for a term not to exceed ten years, with the additional authority to extend the lease at its conclusion for a single additional term not to exceed ten years, allowing the use of Town land located at Auburn Street, in the Town of Reading, more particularly shown on Reading Tax Assessor's Map 114 as Lots 12, 25 and 26, to the winner of a competitive bid and to any additional winning co- locator bidders, selected pursuant to Chapter 30B of the Massachusetts Genera/ Laws, for the purpose of constructing, maintaining and operating a wireless telecommunication facility thereon subject to the grant of any special permit therefor as may be necessary. Background: Repairs to the water storage tank on Auburn Street have involved the current cell companies as they need to temporarily relocate their equipment in order for the Town to perform the improvements. The Town's property is of insufficient size to accommodate temporary cell facilities during the tank improvements and the cell companies have agreed to a shared staging platform during the repairs and subsequent repainting. The companies have also agreed to a revised equipment mounting system that will eliminate the access and safety issues that now exist and eliminate the conflict of cell ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 equipment on future tank repairs performed by the Town. In the discussions to prepare for this arrangement, an additional carrier not on the tank is willing to share these costs in exchange for space on the newly renovated water storage tank. Note that by law the Town may negotiate the lease fees associated with such cell towers, but may not negotiate the rights of the cell companies to locate their equipment, provided there is enough space. In the past, leases were structured as an initial five -year term with three subsequent five -year terms. Each was a level payment for the term of the lease and then a 15% increase for the subsequent lease term (or about +2.8% /year compounded). In order to achieve the best financial deal for all involved, we will issue an RFP for all interested cell companies. In general the cell companies would like the longest lease possible in order to allow them to amortize their relocation costs over that period, so we need authorization from Town Meeting to exceed three years. The RFP is likely to include terms similar to what has been done in the past and described above, with an emphasis of this asset as a revenue source. Finance Committee Report - given by Paul McNeice: Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report - given by Steve Crook: on March 24, 2015 voted 5 -0 -0 to support this Article. Presentation given by: • Bob LeLacheur - See Attached After some discussion a vote was taken: Motion Carried At their meeting on March 25, 2015 the The Board of Selectmen at their meeting ARTICLE 15: Motion made by the Board of Selectmen that the Town vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine. Department Item Year Est. Value Comments DPW International 2554 /Truck #8 2000 $20,000 Runs, cracked frame DPW /Water Ford F550/Pickup #5 2002 $15,000 Runs 4x2 DPW Ford F450/Dump Truck #12 1997 $5,000 Fair, body rot DPW Ford F250 /Picku #2 1997 $3,000 Poor, b dy rot DPW Chevy Blazer /Car #5 1997 $1,000 4.31- Engine DPW Select Till Rototiller nil May not work DPW Holder V -Plow 4150 nil DPW McConnel Boom Flail nil DPW D nahoe Bucket nil DPW Craftsman 10" Radial Saw 1980 nil DPW FMC John Bean Sprayer nil Motor missing arts ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Department Item Year Est. Value Comments DPW DMT Generator nil Does not run DPW Wayne Roy Backhoe Bucket nil Police Crown Vic /Car #2 2011 <$2,000 90k miles Police Crown Vic /Car #9 2004 <$2,000 80k miles Police Crown Vic /Car #11 2011 <$2,000 100k miles Police Crown Vic /Car #14 2011 <$2,000 100k miles Fire Freightline Pumper /Engine #3 1995 $18,000 Finance Committee Report - given by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Sharon Angstrom - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 16: Motion made by the Board of Selectmen that the Town vote to appropriate the sum of Four hundred twenty -two thousand ($422,000) dollars for the purpose of making extraordinary repairs and /or replacement of sanitary sewer collection systems, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(1) of the Massachusetts General Laws, or any other enabling authority; and to see if the Town will authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said sanitary sewer improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article. Background: The MWRA's Infiltration and Inflow (I /I) Local Financial Assistance Program provides support to MWRA member communities to perform sewer rehabilitation to minimize excess flows due to infiltration and inflow into the sewer system. In previous years the Assistance Program provided financial assistance to member communities through a combination of a 45% grant and a 55% low- interest loan. MWRA has revised the program for the current Phase 9 and future Phase 10. The financial assistance for these two phases will be allocated to member communities in the form of a 75% grant and a 25% low- interest loan. MWRA Assistance The assistance is provided through a combination grant and low- interest loan ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 • Phase 8 Allocation balance $71,000 (45% grant; 55% low- interest loan) • Phase 9 Allocation is $844,000 ($633,000 grant; $211,000 low- interest loan) • Phase 10 Allocation is $844,000 ($633,000 grant; $211,000 low- interest loan) • Loan pay back to the MWRA - equal installments up to a ten year period beginning one year after distribution of the funds Acceptance of the grant /loan offer will enable the Town to continue with its I/I removal program to remove unwanted sewage flows from the sewer system which reduces excess assessments from MWRA and decreases the excess demand on the sewer system. The anticipated project for this Phase will be to perform manhole rehabilitation, spot repairs, lining and replacement of sewers. Infiltration occurs when surface water enters sewers through leaks, cracks and faulty joints in pipes and manholes. Inflow is caused from storm water runoff that enters the sewer system through improper connections such as cross connected drains, roof drains and sump pumps. Since the inception of MWRA's Assistance Program the Town's I/I removal program has consisted of the following types of projects: • House -to -house inspections o The house -to -house inspections identify inappropriate direct connections (inflow) to the Town's sewer system with the purpose of assisting residents with identifying methods to remove the connections. The Town also provides limited financial assistance to the homeowner. • TV inspections, testing and sealing of manholes and sewer mains o TV inspections and the testing and sealing of manholes and sewer mains allows the Town to internally inspect sewer mains and manholes to with the purpose of identifying and eliminating points of infiltration into the sewer system. • Sewer system smoke testing o Smoke testing of the sewer system is a method of identifying points of infiltration or inflow into the sewer system where visual or TV inspection access is not possible • Spot repair, lining and replacement of sewers o Spot repairs, lining and replacement of sewers are performed when damage to the sewer system is not repairable or cost effective through internal sealing. • Flow metering, spot gauging and dye testing o Flow metering, gauging and dye testing is performed to assist the Town in determining the areas of the sewer system that are experiencing the highest levels infiltration and inflow. Flow metering also assists in determining how affective the Town has been in mitigating I/I for the past several years. • Sewer System Data management o Project updates the Town's GIS sewer database to incorporate historic closed circuit inspection data and enable future closed circuit inspection sewer system data. The resulting data will be used to assess future capital project needs and to perform asset management of the system. Finance Committee Report - given by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center Presentation given by: Bob LeLacheur - See Attached 2/3 Vote Required Declared by Moderator 150 Town Meeting Members in Attendance Motion Carried April 30, 2015 ARTICLE 17: Motion made the Board of Cemetery Trustees that the Town vote to appropriate the sum of Two Million ($2,000,000.00) dollars for the purpose of constructing a Cemetery garage and related facilities, including site preparation, construction, originally equipping and furnishing said facilities and all other costs incidental thereto including the costs of architectural, engineering and construction services, inspection and costs of financing in connection therewith; and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(20) of the Massachusetts General Laws, or any other enabling authority; and to authorize the Facilities Department and /or the Town Manager in consultation with the Permanent Building Committee to proceed and enter into any and all contracts and agreements necessary therefore and incidental thereto, including without limitation, contracts for architectural, engineering and construction services and to do all other acts and things necessary and proper for carrying out the provisions of this vote. Background: At present the Capital plan includes a total of $3.0 million in future debt beginning in FY17 to address the cemetery and DPW garage space. Funding for studies of each portion were provided by past Town Meetings, and the Board of Cemetery Trustees has been very patient first through some procurement issues in the Facilities department which slowed early progress and then a disappointing pace of work during the past year under DPW's supervision. One year ago a presentation was made to the Board of Selectmen to consolidate both operations in the current DPW location. While the presentation was a good one, no cost estimate was included. Finally last summer initial cost estimates of $18 to $20 million were received and instructions were given to streamline that early design in order to significantly reduce costs. Several months later updated design and cost updates suggested little change to the early estimates. Meanwhile the Board of Selectmen has been meeting in Executive Session during the past several months in order to discuss a few real estate issues that concern the town. Details must remain confidential for now, but one of the issues is the best location for a DPW garage. The current location was satisfactory when a landfill was a neighbor, but clearly today this is not the highest and best use of the property in the midst of the best commercial development area in town. Conditions at the current Cemetery garage are certainly below standard, and there is a standing offer from the Town Manager that if employee safety is ever a concern that an immediate move to consolidate in the current DPW garage will be made on a temporary best - efforts basis. Along these lines the Town Manager certainly appreciates the concerns of the Board of Cemetery Trustees, however it is his recommendation that the entire DPW siting issue - including the location of the cemetery division - be turned over to the Permanent Building Committee and that they work collaboratively with the Board of Selectmen and the Finance Committee. This issue is significant to the community not only from a cost but from a future tax revenue standpoint. ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Board of Cemetery Trustees Report: The present building in Laurel Hill consists of the original structure plus four sections that were attached to the building when it was purchased along with land in 1924, and another section that was added in the 1950s. At that time (the 1950s) there were only two cemeteries in Reading. Almost all of the burial and maintenance was done manually; few winter burials took place. Over the years the equipment has gotten larger, and much heavier. At present one of the newest trucks will not fit into the building and must stay outside. A cube has been rented to free up space, making it safer for the employees to work. Some equipment is stored at the DPW because of lack of space. Employees take breaks and eat their lunch in a cramped machine repair and tool storage area. Simply put, the building is worn out and long past its useful life. Unless Town Meeting is willing to spend $22.4 Million to consolidate all DPW operations at New Crossing Road —a move the Town consultant Weston and Sampson strongly discouraged after several years of study —the Cemetery Trustees ask you to approve the funding to build a new Cemetery maintenance building. This building will be built to code, be safe for Cemetery employees to use, and provide them with basic amenities such as a separate lunch room. Finance Committee Report - given by mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 0 -8 -0 to recommend this Article. The committee believes that a town wide assessment is needed in looking at buildings and facilities for DPW, Cemetery and other potential needs. The Permanent Building Committee is the correct place for this type of assessment to take place and then report back to the Town on proposed actions. Bylaw Committee Report: No report Presentation given by: • William Brown, Board of Cemetery Trustees - See Attached Motion made by Dan Ensminger to refer the Article to Committee, referring to the Permanent Building Committee. Motion to Refer does not Carry Motion made to move the question 2/3 Vote Required 94 Voted in the affirmative 21 Voted in the negative 150 Town Meeting Members in Attendance Motion to move the Question Carried After some discussion a vote was taken: 2/3 Vote Required 56 Voted in the affirmative 57 Voted in the negative 150 Town Meeting Members in Attendance ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center Motion Does Not Carry April 30, 2015 On motion by Dan Ensminger, Board of Selectmen, it was voted that this Annual Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Monday May 4, 2015. Meeting adjourned at 11:27 PM with 150 Town Meeting Members in attendance. Motion Carried A true copy Attest: Laura A Gemme Town Clerk