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Home My WebLink About2015-01-05 Special Town Meeting MinutesSPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 5, 2015 The meeting was called to order by the Moderator, Alan E Foulds, at 7:40 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. The Warrant was partially read by the Town Clerk, Laura Gemme, when on motion by John Arena, Board of Selectmen, it was voted to dispense with further reading of the Warrant. Motion made by John Arena, Board of Selectmen to dispense of the reading of all motions in their entirety. Motion Carried ARTICLE 1: Motion made by John Arena, Board of Selectmen 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. Reports given: Reading Public Schools Dr. John Doherty, Superintendent Good Evening, Town Meeting Members, On behalf of the Reading School Committee, we wanted to give you an update on the ongoing school space issue. At the December 22, 2014 School Committee Meeting, the Committee directed the Superintendent to develop a plan for implementation of modular classrooms at some of our elementary classrooms to address space needs for the 2015 -16 school year. Since the December 22nd meeting, we have been in contact with Town Manager Robert LeLacheur and Town Clerk Laura Gemme about the possibility of a special Town Meeting in February. The need for modular classrooms for the 2015 -16 school year is due to continuing high demand for full day kindergarten, the lack of available classroom space to accommodate that need and the need for an additional Grade 1 classroom for Joshua Eaton students for next year. Our current kindergarten class sizes at Joshua Eaton are well above the recommended guidelines of 18 -22 students and we will need to add a classroom teacher and classroom space for next year. In addition, as of the kindergarten registration deadline on December 19th, 226 children have been registered for full day kindergarten, representing 77% of next year's current kindergarten registrations, a 6% increase from this year. Our biggest space concerns for next year are at Joshua Eaton, Barrows, and Killam. The reason to request a special Town Meeting in February; rather than wait until April Town Meeting is two -fold. First, we will need to notify families by March 1st what their school assignment is for next year and whether or not they will have a half day or full day kindergarten program. In addition, if Town Meeting approves funding for the additional classroom space, a February timeline allows us to have the classrooms in place for a September 1st school opening. If we waited until April Town Meeting, we would not have the modular classrooms in place for the start of the 2015 -16 school year. We understand that Town Meeting members have already had several Special Town Meeting sessions over the last year and we do not take this request lightly. We did not feel that it would be appropriate to address Town Meeting with this request during this January session because we wanted to make sure that Town Meeting members had the information needed to make an informed decision. This item will be discussed this Thursday at the Reading School Committee Meeting. In addition, the Reading Public School Administration and the Reading School Committee will be presenting to the Finance 11 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 5, 2015 Committee on January 14th on this issue and to the Financial Forum on January 21st. At that meeting, the Board of Selectmen is expected to take a vote on whether or not to have a Special Town Meeting in February. The proposal for modular classrooms will be one part of a multi -step solution to address the space needs of our school district. As you know, there is a Space Needs Working Group which is examining long term solutions to our space needs. We appreciate your time this evening and we look forward to the opportunity to address you with this critical space issue in February. Thank you. Motion made by John Arena, Board of Selectmen it was voted to table Article 1 Motion Carried ARTICLE 2: Motion made by Marsie West, Board of Selectmen and Article 2 was tabled ARTICLE 3: Motion made by John Arena, Board of Selectmen that the Town 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, as follows: General Fund FY15: $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 *FY16: - $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 FY17+ Various changes made 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. Finance Committee Report - given by Peter Lydecker• The Finance Committee recommends the proposed amendments to the FY 2015 - FY 2024 Capital Improvements Program by a vote of 8 -0 -0 at 2 1 i' SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 5, 2015 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 Board of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted 4 -0 -0 to support this Article. Presentation given by: Bob LeLacheur - See Attached Motion made by Camille Anthony to 151,400 to 101,400 adding 50,000 DPW: General Roadway Improvement Motion Does not Carry After some discussion a vote was taken: Motion Carried as Presented ARTICLE 4: Motion made by Mark Dockser, 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 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 that the Town vote to transfer $151,000 from free cash to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, as shown below: General Fund - Wages and Expenses 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 upgrad e $10,000 G91 - Net allocation from Operations for Pay and $49,725 Administrative Class funding in other departments Services wages G92 - Legal expenses (old litigation work, Zoning $100,000 Administrative and Charter projects) Services Expenses H91 - Community Net allocation for Pay and Class funding $30,550 Services wages 31 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 5, 2015 I91 - Finance wages Net allocation for Pay and Class funding $6,900 391 - Public Safety wages Net allocation for Pay and Class funding $3,600 K91 - Public works wages Net allocation for Pay and Class funding $2,275 L91 - Public Library wages Net allocation for Pay and Class funding $6,400 Subtotals $49,725 $200,725 Net Operating Expenses $151,000- From Free Cash $151,000 Finance Committee Report - given by Paul McNeice• The Finance Committee recommends this Article by a vote of 8 -0 -0 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 4 -0 -0 to support this Article. Presentation given by: • Bob LeLacheur - See Attached Motion Carried ARTICLE 5: Motion made by Andrew Herlihy, Precinct 1 on behalf of Dorothy and Walter Marshall, Petitioners, 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: Motion made by John Arena, Board of Selectmen to dispense with the reading of the motion Motion to Dispense of the Reading Carried 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 te the Fights and privileges ef an ewner- eF lessee ef land as or take any other action with respect thereto. Background: In mid -July 2014, two residents at a home near Timberneck Swamp contacted the Town Manager and Board of Selectmen and expressed a desire to prohibit hunting on a private piece of land in the middle of the nearby swamp. Public Safety and Conservation officials met to discuss and then met with the residents in early August. The same residents had previously reported shots fired', but no 41 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 5, 2015 evidence has ever been found. Neighbors were interviewed and some mentioned that echoes from the nearby rifle range could sometimes be heard in the area. In November this Article was added to the Warrant at the last minute, which did not allow for a desired public process for all residents affected (see map on next page - 33 different parcels in several locations around town) by this Bylaw change that live in various sections of town. The Selectmen expressed an interest in moving that discussion to the Annual Town Meeting in April 2015. Subsequently, over 100 residents, many in the area of Timberneck Swamp, signed a petition to bring this Article to January 2015 Special Town Meeting. On December 9, 2014 the Selectmen closed the Warrant for the Special Town Meeting, including this petitioned Article as is required. They notified all affected residents of this petitioned Bylaw change in advance, and held an information session on that same night. Bylaw Committee Report - given by Steve Crook: Voted 4 -0 -1 that the form of the article is satisfactory for Town Meeting consideration. Voted 0 -5 -0 in support of the content of the article with reasons given the Bylaw Committee may create unintended consequences at the December 22, 2014 meeting. Finance Committee Report: No report Board of Selectmen Report - given by John Arena: The Board of Selectmen at their meeting on December 9, 2014 voted 0 -4 -0 to support this Article. The Board's vote reflects the original petitioners' stated views that this proposed remedy will not solve the original issue brought to the Board. 51 Page Reading Memorial High School Preforming Arts Center N A z 0 6 z SPECIAL TOWN MEETING HUNTING AREAS ON PRIVATE LANDS more than 500" from dwelling & 750' from road MATTE rx�, -\ ' RA,;" , Ce BIN! 94% A-Z 42LEN, VUnn "X)OD END SCHOOL 06 52 R kc&wo x &%ruj,- rrAj, of i CO 4b IRVING ST DWA RO C 130� I - E C ILUcy rd-4 LAT sr NORTH READING ,e dA' MILAN SCHOOL rM E IF,,-- 4 -i DCLE SAXER -A .0 M , - - P"TA J04 �i� 10 Cr�!.'H -f4jA RD S' RO k 9 us Z I L 0 z Ice 90 4USTIN, PREP- GO SCHOOL a. I % PETER Z&-lb M It S A READINS '3 E M E E R" "I Sr �-, N811�19�4 r ig -11 ' CE A GL -�GE CM Sr &&'L- PUBU-, LJER�R' STATE 7 -=T S P ARK �R 4 TEE MIDDLE January 5, 2015 ' SC L OWE" TRA'Ir 0-:: L '41C DEF ST WAKEFIELD ST 4* M, Ll f J I I P --', Legmd 1--'HT DEPT No Hunting Area OMST E 4�T`OA rAAVE Private Land Outside WOOL j3 ANML<� v2 -i ID C" L 9' No Hunting Area U Al 4 o Map by Tbw uF Feadrig 1"D MUM= Feet x Date:11104114 Va ikp PaMAe L3M d M 9hoft w ofh ant IM ft" n mEN& 6 1 -, SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center Presentation given by: • Eric Burkhart, Reading Resident - See Attached • Tony Torra, Reading Resident - See Attached Motion made by Angela Binda, Precinct 5 to Move the Question 2/3 Vote Required 52 Voted in the affirmative 92 Voted in the negative 152 Town Meeting Members in Attendance Motion to Move the Question Does Not Carry After more discussion Motion made by John Arena, Precinct 1 to Move the Question 2/3 Vote Required 117 Voted in the affirmative 19 Voted in the negative 152 Town Meeting Members in Attendance Motion to Move the Ouestion Carries Motion by Ronald D'Addario, Precinct 6 to amend as follows: January 5, 2015 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, nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 Section 37 relative te hunting and SpeFtiRg. Motion Does Not Carry A motion was made to Indefinitely Postpone Motion to Indefinitely Postpone Does Not Carry After some discussion by both Town Meeting Members and Non - Members a vote was taken: Motion Does Not Carry On motion by John Arena, Board of Selectmen, it was voted that this Special Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Tuesday, January 6, 2015. Motion Carried 71 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center Meeting adjourned at 10:38 PM with 152 Town Meeting Members in attendance. A true copy Attest: Laura A Gemme Town Clerk 81 Page January 5, 2015 015 January Special Town Meeting Town of Reading Motion to Table RPSGUEST WiFi password: r3dKn19hts Special Town Meeting January 5, 2015 Page 3 2015 January Special Town Meeting Article 3 Adds, removes or changes items in the FYI 5-24 Capital Improvements Program — does not authorize any funding for these items: FY16 General Fund (+$51,000) $ 15.000 Admin Svcs/Technology: centralized controller for DPW phones; $ 15.000 Public Safety /Police: additional speed alert electronic sign; $ 11,000 Library: microfilm reader; $ 10,000 Admin Svcs/Technology: Police video surveillance repairs/upgrade FYI General Fund (- $161,400) ($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 Article 1 Reports Article 2Instructions Page 3 2015 January Special Town Meeting Article 3 Dr. John Doherty Overview of an upcoming Capital Request at a Special Town Meeting on Monday February 23, 2015 Page 4 2015 January Special Town Meeting Article 4 Authorizes these changes to FY15 General Fund budget: Line Description Decrease Increase C99— AS Technology: DPW phones $151, $51,000 Capital Police: add'I electronic sign $15k $2,275 L9f — Lib wages Library: microfilm reader $11 k $6,400 AS Technology: Police video $1 Ok $49,725 $200,725 G91 -AS To fund pay & Gass results in other $19,725 $1$1,000 wages Town departments $151,000 G92 —AS Legal expenses (ongoing work & $100,000 Expenses specific projects) H91 — CS Allocation from pay & Gass funding $30,550 Wages '9' — Fin. Allocation from pay & Gass funding $8,900 wages _ ®- Pages 5 -6 2015 January Special Town Meeting Article 5 tee - Page4 2015 January Special Town Meeting Article 4 Authorizes these changes to FY15 General Fund budget: Line Description Decrease Increase J91 — Pub Set wages Allocation from pay & Gass funding $3,800 K91 —DPW wages Allocation from pay & Gass funding $2,275 L9f — Lib wages Allocation from pay & Gass funding $6,400 Subtotals $49,725 $200,725 Net Operating Expenses $1$1,000 From Free Cash $151,000 Pages _ -2 2015 January Special Town Meeting Article 6 Permanent Building Committee Five Permanent Members - appt by Moderator/BOS Chair/SC Chair Two Associate Members for typical projects - appt by dept w/ project Two more Associate Members - if required by outside funding Note 'Mend/y amendment' in motion — Town Manager transcription error in Appointment Comment (not BOS) role PBC - Oversight & management for projects $2+ million Does NOT include RMLD projects Work with Facilities Director for inventory & planning work Sponsored by Bylaw Committee — February 2014 Special Town Meeting Instructional Motion by FINCOM Chair Barry Berman 2 Pages B-49 2015 January Special Town Meeting Articles 7 & 8 Charter Review Formed as body of Town Meeting by Moderator in response to an Instructional Motion Article 7 Contains entire body of proposed new Home Rule Charter Motion will include only those sections of the Charter that may be acted upon by local voters in April 2015 Article 8 Remaining sections not covered by motion in Article 7 that will instead be sent to the legislature as a request for a Special Act Pages 8-49 2015 January Special Town Meeting Articles 7 & 8 Charter Review Modernize Remove historical references which must have arisen from a transition from a decentralized form of government to the so-called Town Manger form. Note that this transition has been a popular direction for many communities in the past 25 years. Simplify with Consistency Town Counsel did an outstanding job streamlining complex verbiage throughout the document. The proposed language is easy to read and also consistent with state and federal law - when appropriate. pages 849 2015 January Special Town Meeting Articles 7 & 8 Charter Review Charter Review Committee (CRC) A very diverse group of your fellow Town Meeting members spent over a year on this project, as described by the Moderator. The group rarely voted in complete unanimity — even on definitions. Rest assured that a wide variety of opinions were heard and considered. One unanimous consensus of the CRC is that the proposed changes are as a whole a significant improvement. Clarify When Town Manager joined the CRC mid - stream, he asked a lot of basic and somewhat annoying questions about the meaning and purpose of certain sections. Some sections were clarified, some were removed O f Pages 8 -a9 2015 January Special Town Meeting Articles 7 & 8 Charter Review CRC Members Alan Foulds (Town Moderator, non -voting member and Chair) William Brown (Precinct 8) Richard Coco (4) Glen Hartzler (4) Philip Pacino (5) Margaret Russell (3) Jeffrey Struble (7) Carolyn Whiting (7) John Carpenter (7) Stephen Crook (2) Janice Jones (5) Philip Rushworth (5) John Segalla (7) Paul Sylvester (3) Review & Town Meeting Discussion of Charter Articles 1 -8 Phil Pacino; Bill Brown and Jeff Struble _ Pages 8 -49 2015 January Special Town Meeting Articles 7 & 8 Charter Review bee. i Emune.. M.eaXr vie o.e�mm. eme.e.M nunarey A—...M e�awmacomma... Mmma�w.�e Cemmwu — wow. way. isms.. ao..— •e...rw a'w«se� Pn Meer 9 arwvnu Ae . aae.msm �oa.�sr — Pages 4950 2015 January Special Town Meeting Article 9 Article will be indefinitely postponed — no need for immediate action in what was a possible future litigation settlement Amend Bylaw 8.9.1 Firearms Dorothy and Walter Marshall Eric Burkhart January 5, 2015 Several town sources indicate that this is not legal 5 Dewy. a n,..,m. w >a+rw. M ar acrd s.., Me Town rmert. DiscMrye a onrM a ee w^s, o� yr, �.�.� y..., ax.art q„ns, and s1mWr non -IegY wnpon. k va,Wew N yr n.yy..r. W. �'�` : yrtaryq MBBaa•� lu�r.Prsid /�°•.irofl pon,.nd •• >•'°•• "° °yw'^"'°"^' READING POUCE DEPARTMENT 12/30/2015 The Issue It could be interpreted by some from the Town Bylaw that it is legal to discharge firearms while hunting on private land in Reading — without Board of Selectmen approval So why is this still ambiguous? Current Bylaw • 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 percussion 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, 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. Current Bylaw " 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 12/30/2015 Current Bylaw " 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind Current Bylaw " 8.9.) 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 pennission 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 percussion of the Board of Selectmen or its designee, Current Bylaw * 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 Current Bylaw * 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 pemtission 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 actin it in the discharge of his duties, 12/30/2015 Current Bylaw * 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 arty 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 ofthe 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 propery. Current Bylaw * 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 arty street, highway, park or other public property except with the written pernission 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 oflife 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 ranee. Current Bylaw " 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 pemtission 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, 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. MGL Chapter 131 — Section 37 Killing of game by owner or tenant of land; reports An owner or tenant of land or, if authorized by such owner or tenant, any member of his immediate family or his employee, as defined pursuant to section one of chapter sixty -two B, may, upon such land:- (1) Kill or attempt to kill, by means other than poisoning or trapping, any wild bird damaging his property, including domesticated animals, poultry and game on game- rearing farms or preserves, provided that such killing is not contrary to any federal law, rule or regulation. 12/30/2015 MGL Chapter 131 Massachusetts General Law Part 1 — Title XIX — Chapter 131 Inland Fisheries and Game and Other Natural Resources MGL Chapter 131 — Section 37 Killing of game by owner or tenant of land; reports (2) hunt or take by other means, except by poison or snare, any mammal which he finds damaging his property except grass growing on uncultivated land. No such owner or tenant shall authorize any person, other than a member of his immediate family or a person permanently employed by him, to place traps for the protection of said property other than during the open season, unless such owner or tenant has first obtained from the director a permit authorizing him so to do, which permit the director is hereby authorized to issue in his discretion, unless such authorized person holds a trapping license. All deer so killed shall be turned over to any environmental police officer and shall be disposed of by the director of law enforcement. 4 MGL Chapter 131 — Section 36 Fishing, hunting, or trapping on private, posted land A person shall not fish, hunt or trap on private land without permission of the owner or tenant thereof, after such owner or tenant has conspicuously posted thereon notices which bear the name of such owner or tenant and which state that fishing, hunting or trapping on such land, as the case may be, is prohibited. Can a person hunt with a firearm WITH permission? Proposal Amend the Bylaw so that it is CLEAR that Board of Selectmen written approval is required for the discharge of firearms while hunting on private land in Reading. 12/30/2015 Current Bylaw * 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 ofhis duties, nor to the use of such weapon at any military exercises or any established rifle range, nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 relative to hunting and snorting Proposal Proposed Bylaw Change * 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 ofhis duties, nor to the use of such weapon at any military exercises or any established rifle range, Why this proposal? • Board of Selectmen would judge risk instead of private landowners • Will provide a written record of who is hunting with firearms • Consistent with laws from nearby towns • Not anti -gun or anti - hunting • Does not affect the first three exclusions • Lawful defense of life or property • Any law enforcement officer acting in the discharge of his duties • Use of such weapon at any military exercises or any established rifle range Readipq TgXn Bylaw p6epto4011 ss r bn rnndvtl suwcc na v..' a,wn r>nY I�w c li or. o< w „ m. �:mM or anY an.� highwwY. rl aiv m oNar bl'c aorsnY, acM wis Os wnnen pemusvan of IIK Y rnvsu Ih h •nna d rH a(SelnvrcM1 or (2) m >n Oic?mf vd'dKCwnnen anmswon conam of IM nwou or kgd aaod boweva Ws Brla- vMll ^a of the Hord of Selsc^ncn, r'^` MoanY. na Io snY Iw aranxnw++ tppy ro du IswMl dc(att of lift ^r et4Min drt dischvgc of NS Mks. nor to the use of auch.wpo^ onY milian esertisa a +nY tysbinhid nfx mra mr w dKf ^V'ss � �rtlQ� of N owMl or lass of IN v •tl fonY in Cl�eptn ILe G—H L+ws �d'2 ��"� ffta of the Iw' in Jc pcsronn'KC or NS desks, sMliam�in1 upon Olc P'<°"°cs of amlheY a Wo^ 71 yIW ,n o Jw wirdowr n dwn of a bale a of s n( 9.5-3 ° ••••:•• �l bum or <wu m tr bv�wd ro We oa^. Wkn lava w anon To. wilhfn OK wn. c.Mm ny— sY •nadW Onou[h lufy 2009 12/30/2015 Appendix Timberneck Swamp - Conservation Land 'y_ w b J Yrti 0 1.- ZZ=-- `� fireartns� `� n9 A Timberneck Swamp - Conservation Land i t �.a^ aq.rwxe v °y $ 3 ` �.� 1y��9 a�� 3 l.�AwL• 15 c 12/30/2015 Why is this a safety risk? • Bullets can travel great distances • No limit to the number of licensed hunters that can shoot on the private parcel • No caliber restrictions (depending on the animal) • Night hunting allowed • Hunting is possible 8 months of the year • Children play in these woods Bullets can travel miles Rifle: m—,, m eroycrie ' ;e w,,- and 7Wlets r:vlxlx OMin t 1., �t,l,. .�flc. xNJc. 22 Wn 22 22 2811\ 22 WIN. MAC 22! 'At TIM..SEM:. N410 10.0fi 100 SAY 30011&11 108 i38 15 REM I" �ntwn.•rem.�.nlxl � r..r.u,.. 7 No caliber restrictions !�,W `n "mWEnvkon~b Aff' HW".kh"k. Various hunting seasons 8 months/ year October 19 - October 31 TURKEY November 30 - December 31 DEER January 1 - February 28 COTTONTAIL RABBIT January 10- April 10 CROW April 22 - May 23 TURKEY Hunting with firearms at night is ea., permitted 12/30/2015 i 12/30/2015 Other Towns' Firearms Bylaws DWHARGE OF FMEARNIS