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Home My WebLink About2015 Annual Report Part 3 Appendix AAppendix oI 176 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I Thomas Freeman, on December 12, 2014 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to January 5, 2015 the date set for Town Meeting in this Warrant, also caused a posting of this Warrant to be published on the Town of Reading website on December 12, 2014. ;�Tho&mirais Fred= , Constable A true copy Attest: Laura Gemme, Town Clerk 177 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I Thomas Freeman, on December 12, 2014 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles .Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S Park Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to January 5, 2015 the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on December 12, 2014. homas Fre ,Constable A true copy Attest: Laura Gemme, Town Clerk IMS e, I 1 ZR73A COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, January 5, 2015, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 9 To hear and act on the reports of the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board, Finance Committee, Town Manager and any other Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2015 -24 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen 179 ARTICLE 4 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended by Article 8 of the Special Town Meeting of September 29, 2014 and by Article 5 of the Subsequent Town Meeting of November 10, 2014; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE S To see if the Town will vote to amend the General Bylaws by amending section 8.9.1 thereof by striking the words "nor to the rights and privileges of an owner or lessee of land as set forth in MGL Chapter 131 relative to hunting and sporting° as shown below: 8.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting In the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, or take any other action with respect thereto. By Petition ARTICLE 6 To see if the Town will vote to amend the General Bylaws by adding section 3.3.6 as follows: 3.3.6 Permanent Building Committee There shall be a Permanent Building Committee ( "PBC ") consisting of five (5) Permanent Members and, except as otherwise provided herein, up to two (2) Associate Members for each project that the PBC undertakes. Permanent and Associate Members of the PBC shall be appointed by an Appointment Committee consisting of the Chair of the Board of Selectmen, the Chair of the School Committee and the Town Moderator. Permanent Members shall be volunteers having practical experience and skills in professions that concentrate on the design, construction, management and financing of commercial i institutional buildings such as architects: civil engineers; structural engineers; mechanical, electrical and plumbing (MEP) engineers, building contractors, project managers, property managers, attorneys and building tradespersons. The terms shall be so arranged that as nearly an equal number of terms as possible shall .expire each year. Associate Members may be appointed for each individual project that the PBC undertakes. Associate Members shall have the same participation and voting rights as Permanent Members on matters affecting the particular project for which they were appointed. Associate Members shall be registered voters of the Town, selected by the Board or Committee that proposes a particular building or renovation project (the "Sponsoring Agency °).and shall serve only for the time during which the PBC is exercising its functions with respect to such project. In the event that a particular project is subject to participant requirements of a state funding authority, the Board of Selectmen may appoint additional Associate Members to the PBC for that particular project; provided, however, that, in no event, shall the aggregate number of Permanent and Associate Members for a particular project exceed nine (9). Quorum requirements for the PBC shall be the majority of the Permanent and Associate Members for a particular project. The PBC shall be responsible for the oversight and management of all major municipal and school building design studies and construction projects having ' expected aggregate costs exceeding two million dollars ($2,000,000). The PBC's jurisdiction shall not extend to projects of the Reading Municipal Light Department. The PBC shall present all such projects to the Finance Committee for consideration of funding options and shall sponsor and present all such projects to Town Meeting for its consideration and approval of funding. The PBC shall work with the School Committee, the Board of Selectmen and any other Sponsoring Agency. The Sponsoring Agency shall notify the PBC of its intention to undertake any such projects within seven (7) calendar days of a positive vote or general affirmation to do so. The PBC shall work with the Director of Facilities to compile an inventory of the physical condition and anticipated repairs and renovations of all existing municipal buildings and will summarize its findings in an annual report to Town Meeting. or take any other action with respect thereto. Bylaw Committee ARTICLE 7 To see if the Town will vote to amend the Reading Home Rule Charter as shown herein, subject to approval by the voters at a local election: 181 Town of Reading Home Rule Charter Preamble Preamble We, the people of The Town of Reading, in order to re- establish our individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent In the Home Rule Amendment to the Constitution of the Commonwealth of Massachusetts, do hereby adopt the following Home Rule Charter for the Town of Reading. 182 Town of Reading Home Rule Charter Arlicle 1 — Existence, Authority and Definitions ARTICLE 1 EXISTENCE, AUTHORITY AND DEFINITIONS 1.1 incorporation The inhabitants of the Town of Reading, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "Town of Reading." 1.2 Division of Powers Authority for the management of all the fiscal, prudential and municipal affairs of the Town shall be vested in an executive branch headed by a Board of Selectmen and administered by a Town Manager. A representative Town Meeting shall exercise all legislative powers of the Town. 1.3 Powera of the Town - intent off the Voters It is the intent and the purpose of the voters of the Town of Reading, through the adoption of the Charter, to secure for the Town all of the powers possible to secure under the Constitution and statutes of the Commonwealth of Massachusetts, as fully and as completely as though each such power were specifically and individually enumerated herein. 1.4 Interpretation of Powers The powers of the Town under the Charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as set forth in Section 1.3. 1.5 Intergovernmental Relations The Town, acting by and through its Board of Selectmen, may enter into agreements with any other unit of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions. 1.6 Definitions Unless another meaning is clearly apparent from the manner in which the term is used, the following terms used in the Charter shall have the following meanings: Board or Committee — The term "board or committee" shall mean any board, committee, commission, authority or council of the Town, however created, elected, appointed or otherwise constituted. Charter — The term "Charter" shall mean the Town of Reading Home Rule Charter. Eat officio - The term "ex officio" shall refer to a member of any board or committee who serves by virtue of his office or position. A person serving as an ex oft)cia member on more than one board or committee shall not be required to take an additional oath of office to serve in such capacity. Library — The term "library" shall mean the Reading Public library and any branch or branches thereof that may be established. Local News Medium — The term "local news medium" shall mean a newspaper or other means or channel of information communication to which the general public has access within the Town. Majority Vote - As applied to the Town Meeting, Committees thereof and precinct meetings, the term "majority vote" shall mean the affirmative vote of a majority of those present and voting provided that a quorum of the body is present. As applied to all other boards or committees, the term shall mean the affirmative vote of a majority of the number of members specified in the Charter, Town Bylaw or other enabling vote or action creating such board or committee. Precinct The term "precinct" shall mean the areas into which the Town is divided for the purpose of electing Town Meeting Members. Town - The term 'Town" shall mean the Town of Reading. 183 Town of Reading Nome Rule Charter Article 1 — Ustence, Authority and Definitions Town Agency - The term "Town Agency" shall mean any board or committee, department or office of the Town, however created, elected, appointed or otherwise constituted. Town Meeting - The terra "Town Meeting" shall mean the representative Town Meeting of the Town, established by Article 2. Town Officer - The term "Town Officer" shall mean an elected or appointed official of the Town who, in the performance of his duties of office, exercises some portion of the sovereign power of the Town, whether great or small; provided, however, that the term shall not include a Town Meeting Member, and provided further that a person may be a Town Officer whether or not he receives any compensation for his services. Voters - The term "Voters" shall mean the registered voters of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2006] •= Town of Reading Home Rule Charter Article 2 - Representative Town Meeting ARTICLE 2 REPRESENTATIVE TOWN MEETING 2.1 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety-two (192) members from eight (8) precincts who shall be elected by the voters in each precinct. Each precinct shall be equally represented in Town Meetings by members elected so that the term of office of one -third of the members shall expire each year. Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be Included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. When required by law or every ten (10) years, the Board of Selectmen shall review and, if necessary, `re- divide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be contiguous and as compact as possible. The territory of each precinct shall be defined, where reasonably possible, by the centerline of known streets or other well- defined limits. Within ten (10) days of completing its review, the Board of Selectmen shall file a report with the Town Clerk and the Board of Registrars of Voters, showing any revisions to the precincts that are being made pursuant to this section. If revisions are being made, the report shall include a map showing the boundaries of each precinct and a list of its Inhabitants' names and addresses. The Board of Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. Any such precinct revision shall be effective on the date It is filed with the Town Clerk. The Town Clerk shall forthwith notify the Secretary of State of the revision in writing. [Amended November 16, 2004 - Article 16 and approved by vote of the Town on April b, 2005] 2.3 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act 185 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting At the first Town wide election after any precincts are revised, the voters of each precinct shall elect twenty -four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. Upon the certification of such election, the term of office of all previously elected Town Meeting members shall cease. At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct for a term of three (3) years, and shall also elect Town Meeting Members to fill any vacant unexpired terms. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election in witting. In the event of a tie vote, resulting in a failure to elect the full number of Town Meeting Members in any precinct, the vacancy created thereby shall be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be filled at the next Annual Town Election. In the event of such a vacancy, the Town Clerk shall give written notice of the tie vote and the vacancy created thereby, to the remaining Town Meeting Members of that precinct and shall publish such notice in the local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of filling the vacancy. [Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 2002] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.4 Town Meeting Sessions All representative Town Meeting sessions shall be limited to the Town Meeting Members elected pursuant to Section 2.3, together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting Members of the time and place at which representative Town Meeting sessions are to be held, the notices to be sent at least seven (7) days (see Sac-8.5) before the meeting. The Town Meeting Members shall be the judges of the election and qualification of their members. A majority of the Town Meeting Members shall constitute a quorum for doing business. However, a smaller number may organize temporarily and may adjourn from time to time, but no Town Meeting shall adjourn over the date of an election of Town Meeting Members. All Town Meeting sessions shall be public. [Amended November 16, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.5 Nomination Procedures Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act Nomination of candidates for Town Meeting Member shall be made by nomination papers bearing no political designation and signed by not fewer than ten (10) voters from the candidate's precinct. Nomination papers shall be obtained in person and :. Town of Reading Home Rule Charter Article 2 - Representative-Town Meeting signed by the candidate in the presence of the Town Clerk or designee. Completed nomination papers shall be filed with the Town Clerk at least thirty-five days (35) days before the election. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.6 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act A Town Meeting Member may resign by filing a written notice with the Town Clerk. A Town Meeting Member who terminates residency in the Town shall cease to be a Town Meeting Member. A Town Meeting Member who moves his residence from the precinct from which he was elected to another precinct shall serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of the Town Meeting. The Board of Selectmen shall place an Article on the Annual Town Meeting Warrant to remove any such Town Meeting Member from office. At least seven (7) days prior to the Annual Town Meeting, the Town Clerk shall notify any such Town Meeting Member that he may be removed from office, provided, however, that such notice shall be deemed adequate if mailed postage prepaid to the Town Meeting Member's last known address. Any vacancy in a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be filled at the next Annual Town Election. In the event of a vacancy, the Town Clerk shall give written notice thereof to the remaining Town Meeting Members of the precinct and shall publish such notice in a local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of temporarily filling the vacancy. [Amended by Chapter 57 of the Acts of 2002] 2.7 Precinct Mletings The Town Meeting Members of each precinct shall meet at least annually and shall elect a Chair and a Clerk. A majority of the Town Meeting Members of the precinct serving at the time of the precinct meeting shall constitute a quorum thereof. A majority vote cast at a precinct meeting shall be sufficient to fill vacancies, elect a Chair or Clerk, or conduct other business. The Chair or Clerk shall certify any vote taken at a precinct meeting to the Town Clerk. ]Amended November 15, 2004 -Article 16 and approved by vote of the Town on April 5; 2005] 2.6 CofnRensation Town Meeting Members shall serve without compensation. 187 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting 2.9 Presiding Officer A Moderator, chosen in accordance with the provisions of Section 3.6, shall preside at all sessions of the Town Meeting. The Moderator shall regulate the proceedings of all Town Meeting sessions, decide all questions of order and make public declaration of all votes. He may also administer the oath of office to any Town Officer and to Town Meeting Members. In the absence of the Moderator, the Town Meeting shall elect a Moderator pro tempore. (Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.10 Clerk of the Town Meeting The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the Town Clerk may designate a substitute; otherwise, the Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all Town Meetings to Town Meeting Members and to the public and keep the journal of Town Meeting proceedings. 2.11 Participation by Non Town Meetina Members Subject to conditions that may be determined from time to time by Town Meeting Members, any person who Is not a Town Meeting Member may be allowed to speak at any Town Meeting but shall not vote. At the request of the Moderator or Town Meeting, any Town Officer or Department Head or his designee shall be present at any session of Town Meeting for the purpose of responding to questions of Town Meeting Members. (Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.12 Establishment of Standing Committees The Town Meeting may establish boards or committees to which may be referred Warrant Articles for study, review and report in advance of the sessions of the Town Meeting. All meetings of such boards or committees shall be conducted in accordance with the provisions of the Open Meeting Law, Massachusetts General Laws Chapter 30A, Sections 20 through 22, inclusive. In establishing such boards or committees, the Town Meeting shall provide for the appointment of members either by an appointment committee established for that purpose or by an existing board or committee. (Amended November 19, 2001 - Article 12] (Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.12.1 Finance Committee There shall be a Finance Committee consisting of nine (9) voters of the Town, appointed for three -year staggered terms so arranged that three (3) terms expire on June 30 each year. No Finance Committee Member shall serve for more than three (3) consecutive terms; provided, however, that an appointment to the Finance Committee to fill an unexpired term that has less than two (2) years remaining shall not be counted towards the three (3) consecutive terms. No Finance Committee Member shall be an elected or appointed Town Officer or an employee of the Town. A Finance Committee Member may be an elected Town Meeting Member but shall serve on no other standing committee. Finance Committee members shall be appointed by majority vote of an Appointment Committee chaired by the Moderator and consisting of the Moderator, the Chairman of the Board of Selectmen, and the Chairman of the Finance Committee. The Appointment Committee shall fill any vacancy on the Finance Committee. The Finance Committee shall have all the powers and duties granted to Finance Committees by the laws of the Commonwealth of Massachusetts, Town Bylaw, any Town Meeting vote and other applicable laws. In addition to these powers, the Finance Committee shall have the power to .. Town of Reading Home Rule Charter Article 2 - Representative Town Meeting investigate the books, accounts, records and management of any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance Committee shall submit a written report to the Town Meeting setting forth its findings, approvals or disapprovals on all Articles in the Warrant that involve the expenditure of funds. The Finance Committee shall take reasonable action to submit its report at least seven (7) days (see Sec.8.5) before Town Meeting; provided, however, that such report shall not preclude further action or reconsideration by the Finance Committee. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.12.2 Bylaw Committee There shall be a Bylaw Committee consisting of five (5) voters of the Town, appointed for three (3) year staggered terms expiring on June 30. Bylaw Committee members shall be appointed by majority vote of an Appointment Committee chaired by the Moderator and consisting of the Moderator, the Chair of the Board of Selectmen, and the Chair of the Bylaw Committee, The Appointment Committee shall fill any vacancy on the Bylaw Committee. The Bylaw Committee may propose and shall consider Town Meeting Warrant articles offering changes in the Charter, General Bylaws, petitions for special acts, or local acceptance of State Statutes that are subject to Town Meeting acceptance; and may consider Zoning Bylaw changes and shall submit a written report to the Town Meeting setting forth Its findings on all such Articles in the Warrant. The Bylaw Committee shall take reasonable action to submit its report to the Town Meeting at least seven (7) days (see Sec.8.5) before Town Meeting; provided, however, that such report shall not preclude further action or reconsideration by the Bylaw Committee. Within one (1) year of any adopted change to the Charter, the Bylaw Committee shall propose any revisions to the General Bylaws that it deems to be necessary as a result of such change. The Bylaw Committee shall review the General Bylaws at least every ten (10) years and submit a written report to the Town Meeting setting forth any recommended changes. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005) 2.12.3 Rules Committee There shall be a Rules Committee, chaired by the Moderator who shall be a non - voting member, and consisting of the Precinct Chairs. The Rules Committee may, from time to time, review all aspects of the operation of Town Meeting and submit a written report to the Town Meeting setting forth its findings, recommendations and proposals for rules governing the conduct of Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2.13 Warrant Articles Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on a Warrant therefor issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants all subjects submitted by: (a) Any two (2) or more members of the Board of Selectmen; (b) Any board or committee; (c) Any ten (10) or more voters for the Annual, Subsequent or Special Town Meeting as defined in Section 2.14; or (d) Any other person or entity as may be authorized by Town Bylaw or otherwise. All subjects timely submitted to the Board of Selectmen pursuant to this section shall be placed on a Warrant for the next scheduled Annual, Subsequent or Special Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 0. Town of Reading Home Rule Charter Article 2 - Representative Town Meeting All Articles submitted pursuant to Section 2.13(a) shall include the names of all of the Selectmen sponsoring such article. Sponsorship of Articles submitted pursuant to Section 2.13(b) shall be designated as: "The Board of Selectmen as a courtesy to (insert name of Board or Committee requesting the Article)." Promptly upon receipt by the Board of Selectmen of any subject for a Town Meeting Warrant Article, a copy of the Article shall be made available for inspection in the Office of the Town Clerk. 2.14 Meetings The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held during the first six (6) calendar months of the year at a time fixed by Town Bylaw, and shall be primarily concerned with the determination of matters that have a fiscal impact on the Town, including the adoption of an annual operating budget for all Town Agencies other than the Reading Municipal Light Department. A Subsequent Town Meeting shall be held during the last three (3) calendar months of the year at a time fixed by Town Bylaw. In addition to the two (2) meetings required by this section, the Board of Selectmen may call a Special Town Meeting into session at other times by the issuance of a Warrant therefor as it deems necessary or appropriate for the purpose of acting upon the legislative business of the Town in an orderly and expeditious manner. The Board of Selectmen shall call a Special Town Meeting upon the receipt of a petition with two hundred (200) or more signatures of voters, as certified by the Board of Registrars of Voters. 2.15 Referendum Procedures No final affirmative vote of a Town Meeting on any Warrant Article shall be effective until after the expiration of seven (7) days (see Sec.8.5) following the dissolution of the Town Meeting except: (a) Votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year, (b) Votes for the temporary borrowing of money in anticipation of revenue; or (c) A vote declared by a preamble, and adopted by a two- thirds (2/3) vote of the Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed pursuant to Section 2.15.1 within the said seven (7) days (see Sec. 8.5), the remaining votes of the Town Meeting shall then become effective. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 6, 20051 2.15.1 Referendum Petition — If, within said seven (7) days (see Sec.8.5), a referendum petition signed by not fewer than three percent (3 %) of the voters, as certified by the Board of Registrars of Voters, containing their names and addresses, is filed with the Board of Selectmen requesting that any of the remaining affirmative votes of the Town Meeting be submitted to the voters in the form of a ballot question, then the effectiveness of such Town Meeting vote shall be further suspended pending its determination as provided herein. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election, to be held within thirty (30) days or such longer period as may be required by law after Issuing the, call, for the purpose of presenting such ballot question to the voters; provided, however, that if a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that such ballot question be presented to the voters at that Election. 2.15.2 Form of Referendum Petidon /Ballot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: "Shall the Town vote to approve the action of the representative Town Meeting whereby It was voted on (insert date of Town Meeting) to (insert complete language of the vote in the same form in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting)"? 190 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting The circulator(s) of the referendum petition may make multiple copies of the petition form, but such copies must be exact duplicates thereof, and the petition form may not be altered In any way. No extraneous markings, such as underlines, highlighting, erasures, marking out or insertion of words or other information, shall be allowed on any area of the petition form or any copy thereof. Any petition form or copy thereof containing such extraneous markings or alterations or that are not exact duplicates shall be invalid, and no signatures contained thereon shall be counted toward the required number. For the purpose of this prohibition, the term "extraneous markings" shall not include signatures, names or addresses. Each petition form shall Include language informing voters that additional markings will disqualify the signatures on the petition form; that, for their signature to be counted, they must be a registered voter of the Town of Reading; that their signature shall be written in the same form as they are registered; that they should not sign the petition and any copy thereof more than once; and that, if they are prevented by physical disability from writing, they may authorize some person to write their name and address in their presence. The back of each petition form, where signature lines appear, shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side." Upon request, the Town Clerk shall provide Town referendum petition /ballot question forms with the final article language voted at Town Meeting. In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. 2.16.3 Election - Any ballot question submitted in accordance with the procedure set forth herein shall be determined by majority vote thereon, but no action of the Town Meeting shall be reversed unless at least twenty percent (20 %) of the voters cast ballots on the ballot question. [Amended November 16, 2010 -Article 16] 191 Town of Reading Home Rule Charter Article 3 - Elected officers and Boards or committees ARTICLE 3 ELECTED OFFICERS AND BOARDS OR COMMITTEES 3.1 General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Library Trustees, Municipal Light Board of Commissioners, Moderator and such members of regional authorities or districts as may be established by statute, intergovernmental agreement executed pursuant to Section 1.5 or otherwise. Only a registered voter of the Town shall be eligible to hold any elective town office; provided, however, that no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. [Amended November 16, 2004 - article 16 and approved by vote of the Town on April 6, 2008' 3.2 Elected Town Officers shall serve without compensation unless otherwise specifically voted by Town Meeting. Elected Town Officers shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the .State Legislature as part of the request for a Special Act. There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties granted to Boards of Selectmen by the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be provided by the Charter, by Town Bylaw, or by Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. The Board of Selectmen shall appoint a Town Manager, a Town Counsel, a Town Accountant, not more than five (5) Constables, and any other appointed board or committee member for whom no other method of selection is provided by the Charter or by Town Bylaw. The Board of Selectmen or its designee shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the Issuance of such licenses, to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses [Arrwnded November 15, 2004 - Article 16 and approved by vote of the Town on April 6, 20051 192 Town of Reading Home Flute Charter Article 3 - Elected officers and Boards or Committees 3.3 School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The School Committee shall have all of the powers and duties granted to School Committees by the Constitution and General Laws of the Commonwealth of Massachusetts and such additional powers and duties as provided by the Charter, by ToWn Bylaw or by Town Meeting vote. (Amended November 16, 2004 - Article 18 and approved by vote of the Town on April 5, 20051 The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. The School Committee shall appoint a Superintendent of Schools and shall define his duties and terms of employment. 3.4 Board of Library Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have all of the powers and duties granted to Boards of Library Trustees by the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Town Bylaw or by Town Meeting vote. The Board of Library Trustees shall have control over the selection of Library materials, and shall have custody and management of the Library and of all property of the Town related thereto; provided, however, that the Town Manager or his designee shall have responsibility for the maintenance of the Library building and grounds. The Board of Library Trustees shall appoint a Library Director and shall define his duties and terms of employment, subject to the personnel policies and classification and compensation plans established by the Board of Selectmen. The Board of Library Trustees shall administer all money or property that the Town may receive on behalf of the Library by gift or bequest in accordance with the provisions of such gift or bequest. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 6, 2005] 3.6 Municipal, Light Board of Commissioners There shall be a Municipal Light Board of Commissioners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have all the powers and duties granted to cities and towns in respect to municipal lighting plants by Massachusetts General Laws Chapter 164, Section 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by the Charter, by Town Bylaw, or by Town Meeting vote. The Municipal Light Board of Commissioners shall hire the General Manager of the Municipal Light Department and set his duties and terms of employment. The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of the Municipal Light Department and appoint Counsel to the Municipal Light Department, The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager, The Municipal Light Board of Commissioners shall approve warrants for payments of all bills and payroll of the Municipal Light Department and shall approve all contracts which are at or above the competitive sealed bid procedures level as stated in Massachusetts General Laws Chapter 30B, Section 5 and, further, all contracts shall be made in accordance with Massachusetts General Laws 193 Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards or Committees Chapter 3OB. Contracts for purchasing of power shall not be subject to Massachusetts General Laws Chapter 30B but shall be approved by the Municipal Light Board of Commissioners. The Municipal Light Board of Commissioners shall employ the Auditor appointed by the Town of Reading Audit Committee. The Municipal Light Board of Commissioners shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board of Commissioners. After the Municipal Light Board of Commissioners has approved an annual operating budget and Capital Improvements Program, it will present them to the Town of Reading Finance Committee and Town of Reading Town Meeting. Upon request of any of the other towns served by the Municipal Light Department, the Municipal Light Board of Commissioners shall make a presentation to the Finance Committee and/or Town Meeting of any such town(s). (Amended April 28, 2003 - Article 7] (Amended November 16, 2004 - Article 16 and approved by vote of the Town on April 6, 20051 3.6 Moderator There shall be a Moderator elected for a one (1) year term. The Moderator shall have all of the powers and duties granted to Moderators by the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as provided by the Charter, by Town Bylaw or by Town Meeting vote. The Moderator shall not simultaneously serve as an elected Town Meeting Member or in any other elected Town office. 194 Town of Reading Home Rule Charter Article 4 - Appointed Boards or Committees ARTICLE 4 APPOINTED BOARDS OR COMMITTEES 4.1 Board of Assessors There shall be a Board of Assessors consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Assessors shall have all the powers and duties granted to Boards of Assessors by the Massachusetts General Laws, and, such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The elected members of the Board of Assessors serving at the time that this section first becomes effective may continue to serve in office until their elected terms expire, unless reappointed for an additional term or terms pursuant to this section. [Amended November 30,1989 - Article 36 and approved by vote of the Town on March 19, 19901 4.2 Board of Cemetery Trustees There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by the Board of Selectmen for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Cemetery Trustees shall have all the powers and duties granted to Boards of Cemetery Trustees by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.3 Board of Commissioners of Trust Funds There shall be a Board of Commissioners of Trust Funds consisting of five (5) members. Three (3) shall be appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one of its members to serve as a full voting member ex officio, and the Town Treasurer shall serve as a full voting member ex officio. The Board of Commissioners of Trust Funds shall have such powers and duties as are granted to them by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 4.4 Board of Health There shall be a Board of Health consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Health shall have all of the powers and duties granted to Boards of Health by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.5 Community Planning and Deveiopment Commission There shall be a Community Planning and Development Commission consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so. arranged that as nearly an equal number of terms as possible shall expire each year. The Community Planning and Development Commission shall have all of the powers and duties granted to Planning Boards, Boards of Survey and Industrial Development Commissions by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The Community Planning and Development Commission shall have the power to regulate the subdivision of land within the Town by the adoption of Rules and Regulations pertaining thereto. 195 Town of Reading Home Rule Charter Article 4 - Appointed Boards or Committees The Community Planning and Development Commission shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town; and shall report annually to the Town giving information regarding the physical condition of the Town, and any plans or proposals known to it affecting the resources, physical development and needs of the Town. (Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 6, 200151 4.6 Conservation Commission There shall be a Conservation Commission consisting of seven (7) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Conservation Commission shall have all the powers and duties granted to Conservation Commissions by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.7 Council, on Aging; There shall be a Council on Aging consisting of ten (10) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.8 Historical Commission There shall be a Historical Commission appointed by the Board of Selectmen, which shall determine the number of members and their term of appointment, not to exceed three (3) years The Historical Commission shall have all the powers and duties granted to Historical Commissions by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.9 Housing Authority There shall be a Housing Authority consisting of five (5) members. Four (4) members shall be appointed by the Board of Selectmen, and the fifth (5th) member shall be a resident of the Town, appointed by the Commonwealth of Massachusetts Department of Housing and Community Development or as otherwise provided by law. Housing Authority Members shall serve for five (5) year terms so arranged that one (1) term shall expire each year. The Housing Authority shall have all of the powers and duties granted to housing authorities by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.10 . Recreation Committee There shall be a Recreation Committee consisting of nine (9) members, eight (8) appointed by the Board of Selectmen, and one (1) appointed by the School Committee for three (3) year terms so arranged that three (3) terms shall expire each year. The Recreation Committee shall have such powers and duties as are granted to them by the Board of Selectmen, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The Recreation Committee shall be responsible for the evaluation of recreational program activities, formulation of overall plans for recreational program development, and for the scheduling of Town parks and recreational facilities when not in use by the School Department. 196 Town of Reading Home Rule Charter Article 4 - Appointed Boards or Committees 4.11 Town Forest Committee The shall be a Town Forest Committee, appointed by the Board of Selectmen, which shall determine the number of members and their term of appointment, not to exceed three (3) years. The Town Forest Committee shall have all the powers and duties given to Town Forest Committees by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw, by the Board of Selectmen or by Town Meeting vote. 4.12 Zoning Board of Appeals There shall be a Zoning Board of Appeals consisting of five (5) members and two (2) associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Zoning Board of Appeals shall have all the powers and duties of Zoning Boards of Appeal under the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. [Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 20061 4.13 Charter Review Committee At least every ten (10) years, a special Committee consisting of nine (9) members shall be established for the purpose of reviewing the Charter and making a report, with recommendations, to the Town Meeting concerning any proposed amendments that said Committee may determine to be necessary or desirable. The Committee shall consist of the Moderator, one (1) member or designee of the Board of Selectmen, one (1) member or designee of the School Committee, one (1) member or designee of the Board of Library Trustees, one (1) member or designee, of the Municipal Light Board of Commissioners, one (1) member of the Bylaw Committee and three (3) Town Meeting members to be appointed by the Moderator. 4.14 Other Boards or, CorTirnittees Any of the elected boards or committees authorized by Article 3 may establish and appoint or dissolve boards or committees from time to time for a speck purpose. Members of such boards or committees shall reside in the Town of Reading at the time of their appointment and during their term of office. The appointing authority of any such board or committee shall, in advance of the first meeting of said board or committee and annually thereafter, report the purpose, membership and contact Information of said board or committee to the Town Clerk. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 15, 2010 - Article 15 and approved by vote of the Town on April 6, 20101 4.15 Associate Membership All appointed boards or committees authorized by Article 4 may have associate members if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same, manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as an associate member for less than one hundred and eighty (180) days following his initial appointment except as allowed by the Massachusetts General Laws. 197 Town of Reading Home Rule Charter Article 5 -Town Manager ARTICLE 5 TOWN MANAGER 5.1 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. The Board of Selectmen shall appoint a Town Manager, who shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract, for a term not to exceed three (3) years, setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. The Town Manager's employment contract shall be in accordance with and subject to the provisions of the Charter and shall prevail over any conflicting provision of any personnel bylaw, rule, or regulation. The Town Manager's compensation shall not exceed the amount annually appropriated for that purpose. The Town Manager shall devote full time to his office and, except as expressly authorized by the Board of Selectmen, shall not engage in any other business or occupation. Except as expressly provided in the Charter, he shall not hold any other public elective or appointive office in the Town; provided, however, that, with the approval of the Board of Selectmen, the Town Manager may serve as the Town's representative to regional boards, commissions or similar entities, but shall not receive any additional salary from the Town for such services. Upon the termination of the Town Manager's appointment, whether voluntary or otherwise, he may receive termination pay as determined by the' Board of Selectmen, not to exceed twelve (12) months' salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager shall provide the Board of Selectmen a minimum of sixty (60) days written notice of his intent to leave. This benefit shall not be available if the Town Manager is terminated for cause. [Amended November 10, 1997 - Article 7 and approved by vote of the Town on March 24,19981 [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April b, 20051 [Amended November 21, 2011 - Article 28 and approved by vote of the Town on March 6,20121 5.2 Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager's powers and duties shall include; (a) To supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by Town Bylaw, by Town Meeting vote or .; Town of Reading Nome Rule Charter Article 5 - Town Manager by the Board of Selectmen, including all officers appointed by him and their respective departments. (b) To appoint and remove, subject to the civil service laws where applicable, the Police Chief, Fire Chief, Appraiser and all employees for whom no other method of appointment is provided in the Charter, except persons serving under the School Committee, Municipal Light Board of Commissioners or Board of Library Trustees, and appointments made by the representatives of the Commonwealth of Massachusetts. The Town Manager's appointment of the Police Chief and Fire Chief shall be subject to confirmation by the Board of Selectmen. The Town Manager's appointment of the Appraiser shall be subject to confirmation by the Board of Assessors. (c) To administer all personnel policies, practices and related matters for all municipal employees as established by any compensation plan, personnel policy guide or Town Bylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. (d) To fix the compensation of all Town officers and employees appointed by him within the limits established by applicable appropriations and any compensation plan adopted by the Town Meeting. (e) To attend all regular and special meetings of the Board of Selectmen, unless excused at his own request, and to have a voice, but no vote, in all discussions. (f) To attend all sessions of Town Meetings and to answer all questions directed to him that are related to his office. (g) To see that all of the provisions of the Massachusetts General Laws, of the Charter, of the Town Bylaws, of Town Meeting votes, and of votes of the Board of Selectmen that require enforcement by him .or Town Officers and employees subject to his direction and supervision are faithfully carried out. (h) To prepare and submit a proposed Annual Operating Budget and a Capital Improvements Program in accordance with Article 7. (1) To ensure that a full and complete record of the financial and administrative activities of the Town is kept, and to render a full report to the Board of Selectmen at the end of each fiscal year and at such other times as may be required by the Board of Selectmen. (j) To keep the Board of Selectmen fully informed as to the financial condition and needs of the Town and to make such recommendations to the Board of Selectmen as he may deem necessary or appropriate. (k) To have full responsibility for the rental and use of all Town facilities, except those under the care, custody, management and control of the School Committee, the Board of Library Trustees, the Municipal Light Board of Commissioners, or other boards or committees specified by Town Bylaw or Town Meeting vote. He or his designee shall be responsible for the maintenance and repair of all Town property under his control. (1) To inquire into the conduct of any Town Officer, employee or department under his control (m) To keep a full and complete inventory of all real and personal property of substantial value belonging to the Town. 199 Town of Reading Home Rule Charter Article 5 - Town Manager (n) To serve as Chief Procurement Officer pursuant to the provisions of Massachusetts General Laws Chapter 30B and to be responsible for purchasing ail supplies, materials, equipment, goods and services, except those of the School Committee and the Municipal Light Board of Commissioners; to negotiate and approve the award of all contracts for all departments and activities of the Town except those of the School Committee and Municipal Light Board of Commissioners; to examine the services performed for any Town Agency pursuant to any such contract; and to examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies, equipment or goods delivered to or received by any Town Agency. (o) To approve any warrants for the payment of Town funds prepared by the Accountant in accordance with the provisions of the Massachusetts General Laws; provided, however, that the approval of any such warrant by the Town Manager shall be sufficient to authorize payment by the Town Treasurer, and provided further that the Board of Selectmen shall approve such warrants in the event of a vacancy in the office of Town Manager. (p) To serve as the Executive Officer of the Town for the purposes of Massachusetts General Laws Chapter 258. (q) To perform any other duties required of him by the Charter, by Town Bylaw, by Town Meeting vote or by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2006] 5.3 Ombudsman The Town Manager shall appoint a Town employee to act as an Ombudsman to all citizens in their day - to-day contacts and dealings with the Town, its officials and boards or committees. The function of the Ombudsman shall be: (a) To direct the citizens to the proper Town Officer, board or committee to deal with the issue or concern of the citizen; (b) To set up appointments for citizens to meet with directors, department heads and boards as appropriate; (c) To provide citizens with access to public information within the Town; and (d) To otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. [Amended November 16, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.4 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. 5.4.1 Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified individual to serve as 200 Town of Reading Home Rule Charter Article 5 - Town Manager Acting Town Manager during any anticipated temporary absence, not to exceed thirty (30) days. 5.4.2 Long -Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of thirty (30) days, the Board of Selectmen shall appoint a qualified individual to serve as Acting Town Manager until the Town Manager returns. 5.4.3 Vacancy - When the office of Town Manager is vacant or the Town Manager is under suspension as provided in Section 5.5, the Board of Selectmen shall appoint a qualified individual to serve as Acting Town Manager under terms of employment to be determined by the Board of Selectmen. In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred eighty (180) days. 5.4.4 Powers — Except as authorized by a four -fifths (415) vote of the Board of Selectmen, the powers of an Acting Town Manager shall be limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. 5.5 Removal Procedures The Board of Selectmen may remove the Town Manager from office as follows: 5.8.1 Notice — By affirmative vote of a majority of its members, the Board of Selectmen may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty -five (45) days. A copy of the resolution shall be delivered to the Town Manager forthwith following its adoption. 5.5.2 Public Hearing - Within five (5) days (see Sec.8.5) after the delivery of the preliminary resolution of removal, the Town Manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the Board of Selectmen. The hearing shall be convened by the Board of Selectmen not less than twenty (20) nor more than thirty (30) days after such request is submitted. Not less than five (5) days (see Sec.8.5) prior to such hearing, written notice thereof shall be given to the Town Manager at his last known address. The time limitations set forth herein may be waived in writing by the Town Manager. Not less than forty -eight (48) hours prior to the time set for the commencement of the public hearing, the Town Manager may file a written statement with the Board of Selectmen responding to the reasons cited for the proposed removal. The Town Manager may be represented by counsel at the public hearing, and shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. JAmended November 15, 2004 -Article 16 and approved by vote of the Town on April 5, 20061 5.6.3 Removal - The Board of Selectmen may, by a vote of a majority of its members, adopt a final resolution of removal, which shall be effective upon its adoption; provided, however, that such resolution shall not be adopted until: (a) Ten (10) days after the date of delivery to the Town Manager of the preliminary resolution of removal; or aIVi Town of Reading Home Rule Charter Article 5 - Town Manager (b) If the Town Manager has made a timely request for a public hearing, five (5) days (see Sec.5.5) after completion of the public hearing or forty -five (45) days after the adoption of the preliminary resolution, whichever occurs later. Failure to adopt a final resolution of removal within the time limitations provided in this section shall be deemed to nullify the preliminary resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the Board of Selectmen. The Town Manager shall continue to receive his salary until a final resolution of removal has become effective. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 202 Town of Reading Home Rule Charter Article 6 - Administrative Organization ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6.1 Organization of Town Agencies The organization of the Town into operating Town Agencies shall be accomplished through the establishment of a Table of Organization that presents the organization of all Town Agencies. Such table shall be prepared by the Town Manager in consultation with the Board of Selectmen and may be revised from time to time. [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 20111 For the convenience of the public, the Table of Organization shall be printed as an appendix to, but not as part of, the Bylaws of the Town. The Table of Organization shall also be published annually in the Town Report. [Amended November 15, 2004 -Article 16 and approved by vote of the Town on April 5, 20051 [Amended November 17,2011 - Article 20 and approved by vote of the Town on April 5, 2011] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 6.2 Town Counsel Appointment and Qualifications — The Board of Selectmen shall appoint a Town Counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Board of Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any Special Counsel employed by the Board of Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice. Powers and Duties -- The Town Counsel shall provide legal advice, representation and litigation services to the Town, Town Agencies and Town Officers, as the Board of Selectmen or Town Manager may request or authorize. Vacancy — if the Town Counsel is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Counsel to hold such office and exercise the powers and perform the duties until the Town Counsel can resume his duties, or until another Town Counsel is duly appointed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6.3 Town Accountant Appointment, Qualification and Term of Office — There shall be a Town Accountant, appointed by the Board of Selectmen. The Town Accountant shall be qualified in accordance with State law, and shall have appropriate prior full time accounting experience as determined by the Board of Selectmen. The Town Accountant shall be appointed in March of every year for a one (1) year term to run from the first day of the following July and shall serve until the qualification of his successor. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Powers and Duties — The Town Accountant shall be subject to the supervision of the Town Manager. In addition to the powers and duties conferred and imposed upon Town Accountants by the Massachusetts General laws, his powers and duties shalt include: (a) To prescribe the methods of installation and exercise supervision of all accounting records of Town Agencies and Town Officers; provided, however, that any change in the system of accounts shall be made only after consultation with the Town Manager and the Town Agencies affected. (b) To establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, 203 Town of Reading Home Rule Charier Article 6 - Administrative Organization records, reports and procedures as they relate to accounting matters; and to prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town Agencies and employees. (c) To draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the appropriations of the Town Meeting and other accounts. (d) Prior to submitting any warrant to the Town Manager, to examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town Agency or Town Officer. if, upon examination, it appears to the Town Accountant that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file with the Town Manager and Town Treasurer and Chairman of the Finance Committee a written report of his findings. (e) To be responsible for a continuous audit of all accounts and records of the Town wherever located. Vacancy — If the Town Accountant is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant can resume his duties, or until another Town Accountant Is duly appointed, in the same manner as an original appointment, for the remainder of the unexpired term. 6.4 Town Treasurer Appointment and Qualifications — There shall be a Town Treasurer, appointed by the Town Manager. The Town Treasurer shall be qualified in accordance with the Massachusetts General Laws. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Treasurer with those of the Town Collector, and the Town Manager may then appoint a Town Treasurer - Collector. Powers and Duties — In addition to the powers and duties conferred and imposed upon Town Treasurers by the Massachusetts General Laws, the powers and duties of the Town Treasurer shall include: (a) To supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town. (b) To be the custodian of all funds, moneys, securities or other things of value that are or have been given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, Improvement or embellishment of any of the Town's cemeteries or burial lots therein; to invest all sums held in trust as he determines to be appropriate after consultation with the Board of Commissioners of Trust Funds; and to distribute the income therefrom on the order of said Board. Vacancy — If the Town Treasurer is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Treasurer to hold such office and exercise the powers and perform the duties until the Town Treasurer can resume his duties, or until another Town Treasurer is duly appointed. 6.6 Town Collector Appointment and Qualifications — There shall be a Town Collector, appointed by the Town Manager. The Town Collector shall be qualified in accordance with the Massachusetts General Laws. 204 Town of Reading Home Rule Charter Article 6 - Administrative Organization The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Collector with those of the Town Treasurer, and the Town Manager may then appoint a Town Treasurer - Collector. Powers and Duties — In addition to the powers and duties conferred and imposed upon Town Collectors by the Massachusetts General Laws, the powers and duties of the Town Collector shall include: (a) To be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town including taxes and fees, and shall act as the Town Collector of Taxes. (b) To report to the Town Manager at such times as he may direct or as he may deem appropriate, but at least semi - annually, as to all uncollected claims or accounts due or owing to the Town. Such reports shall include the Town Collector's recommendations as to whether suit should be instituted on behalf of the Town for the establishment or collection of any claim or account for the benefit of the Town. Vacancy — If the Town Collector is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Collector to hold such office and exercise the powers and perform the dudes until the Town Collector can resume his duties; or until another Town Collector is duly appointed. 6.6 Town Clerk Appointment, Qualifications, Terra of Office — There shall be a Town Clerk, appointed by the Town Manager, The Town Clerk shall be qualified in accordance with the Massachusetts General Laws. Powers and Duties — The Town Clerk shall have all the powers and duties conferred and imposed upon Town Clerks by the Massachusetts General Laws or by Town Bylaw. Vacancy — If the Town Clerk is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Clerk to hold such office and exercise the powers and perform the duties until the Town Clerk can resume his duties, or until another Town Clerk is duly appointed. 205 Town of Reading Home Rule Charter Article 7 — Budget and Capital Improvements Program MAT 7.1 Fiscal Year The fiscal year of the Town shall begin on July first (1st) and end on June thirtieth (30th), unless another provision is made by the Massachusetts General Laws. 7.2 Submission of Proposed Budget At least four (4) months before the start of the fiscal year and following consultation with the Board of Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents. He shall simultaneously provide for the publication in a local news medium of a general summary of the proposed budget, and a notice stating the times and places where complete copies of his proposed budget shall be available for examination by the public. (Amended November 21, 2011 - Article 29 and approved by vote of the Town on March 6, 20121 7.3 School Committee Budoet The budget requested by the School Committee shall be submitted to the Town Manager at least five (5) months before the start of the fiscal year to enable him to prepare the total Town budget pursuant to Section 7.2. Public Hearing — At least fourteen (14) days before the meeting at which the School Committee Is to vote on its budget request, the School Committee shall cause to be published in a local news medium a general summary of such budget request. The summary shall indicate specifically any major variations from the current year's budget and the reasons for such variations and a notice stating the times and places where complete copies of the budget shall be available for examination by the public, as well as the date, time and place, not less than seven (7) days (see Sec.8.5) following such publication, when a public hearing shall be held by the School Committee on the budget request. 7.4 Budget Message The Budget Message submitted by the Town Manager shall explain the proposed budget for all Town agencies, both In fiscal terms and In terms of work programs. The Budget Message shall include a current Table of Organization and may include a proposed Table of Organization. 7.6 The Proposed Budoet The proposed budget shall provide a complete financial plan for all Town funds and activities; shall be balanced to the funds available, and shall present the budget as requested by the School Committee for the ensuing year. Except as may otherwise be required by the Massachusetts General Laws or by the Charter, the proposed budget shall be In the form that the Town Manager deems desirable. In his presentation of the budget, the Town Manager shall make use of modem concepts of fiscal presentation so as to furnish a high level of information and maximum financial control. The proposed budget shall show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections: (a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by Town Agency, function and work programs, and the proposed methods of financing such expenditures. (b) Proposed capital expenditures during the ensuing fiscal year, detailed by Town Agency, and the proposed method of financing each such capital expenditure. (c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established -for specific purposes. (d) All encumbered funds from prior fiscal years. 206 Town of Reading Home Rule Charter Article 7 — Budget and Capital Improvements Program 7.6 Action on the Budstet 7.6.1 Public Hearing — The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local news medium of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. 7.6.2 Finance Committee Meetings — The Finance Committee shall consider in public meetings the detailed expenditures proposed by the Town Manager for each Town Agency, and may confer with representatives of any such Town Agency in connection with such considerations. The Finance Committee may require the Town Manager or any other Town Agency to provide such additional information as it deems necessary or desirable in furtherance of its responsibilities. 7.6.3 Presentation to the Town Meeting — The Finance Committee shall file a report of Its recommendations with the Town Clerk in sufficient time to be distributed to all Town Meeting Members at least fourteen (14) days before action on the budget Warrant Article is to begin. The budget to be acted upon by the Town Meeting shall be the budget as proposed by the Finance Committee; provided, however, that such budget may be amended by the Town Meeting. 7.6.4 All Warrant Articles requiring an appropriation shall be considered and reported thereon by the Finance Committee. 7.7 CaRital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. Such Capital Improvements Program shall contain: (a) A general summary of its contents; (b) A list of all capital improvements proposed to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement; and (c) Cost estimates, methods of financing and recommended time schedules for each such capital improvement. The Capital Improvements Program may further contain the estimated annual cost of operating and maintaining each such capital improvement. This information may be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. 207 Town of Reading Home Rule Charter Article 8 — General Provisions ARTICLE S GENERAL PROVISIONS 8.1 Charter Changes This Charter may be replaced, revised or amended In accordance with the procedures' made available by Article LXXXIX of the amendments to the Constitution of the Commonwealth of Massachusetts and Chapter 43B of the Massachusetts General Laws. The Town Clerk shall be authorized to make non - substantive numbering changes to the component provisions of the Articles of the Charter from time to time as he deems appropriate. [Amended November 19, 2001 - Article 11] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.2 Severabiiity If any provision of the Charter shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Charter shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in the Preamble. 8.3 Specific Provisions Prevail To the extent that any specific provision of the Charter may conflict with any provision expressed in general terms, the specific provision shall be deemed to prevail. 8.4 References to Massachusetts General Laws Ali references to the Massachusetts General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the Massachusetts General Laws enacted subsequent to the adoption of the Charter. [Amended November i6, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 8.5 Computation of Tithe In computing time under the Charter, if seven (7) days or less is specified, only days that Town Mail is open to the general public shall be counted; if more than seven (7) days is specified, every calendar day shall be counted. 8.6 Number and Gender Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender shall include the feminine gender. 8.7 Rules and Restula -920 A copy of all Rules and Regulations adopted by any Town Agency shall be filed in the Office of the Town Clerk and made available for review by any person upon request provided, however, that such Rules and Regulations shall become effective ten (10) days following their adoption, whether or not they are so filed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town an April 5, 2005] 8.8.1 Meetings — All boards or committees shall meet at such times and places as they may, by their own rules, prescribe. Additional meetings of any board or committee shall be held on the call of the respective chair or by a majority of the members thereof. 8.8.2 Rules and Minutes - Each board or committee shall determine its own rules and order of business unless otherwise provided by the Charter or by Town Bylaw and shall provide for the keeping of minutes of its proceedings. Copies of these rules and minutes shall be publicly available in the Office of the Town Clerk and in the Library. 1• Town of Reading Home Rule Charter Article 8 — General Provisions 8.8.3 Voting - Except on procedural matters, all votes of all boards or committees shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. A majority vote shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. 8.8.4 Quorum - A majority of the number of members of a boards or committees specified in the Charter or other action creating such board or committee shall constitute a quorum thereof, but a smaller number may adjourn a board or committee meeting from time to time. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.9 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Wen ant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. Note that this section will be renumbered from 8.11 to 8.9 in the first motion however. 8.9.1 Annual Town Elections - The choice of elected Town Officers and Town Meeting Members, as well as referendum questions, shall be acted upon and determined on the date fixed by Town Bylaw by voters on official ballots without party or other designation. 8.9.2 Procedures - All elections held pursuant to the Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. 8.9.3 Any town wide election shall be held at the same time for each precinct at a place or places designated by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 8, 20051 8.10 Vacancies on Boards or Committees Whenever a new board or committee is established, or a vacancy occurs on any existing board or committee, the appointing authority shall forthwith cause notice of the vacancy to be publicly available for not less than fifteen (15) days. Any person who desires to be considered for appointment to the position may, prior to the time the position is actually filled, isle with the Town Clerk a statement setting forth his interest In and qualifications for the position. [Amended November 13,1986 - Article 17 and approved by vote of the Town on March 23,19871 [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 8.11 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article.. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. Note that this section will be renumbered from 8.13 to 8.11 in the first motion however. 8.11.1 Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. No recall petition shall be filed against a Town Officer within three (3) months after he takes office. 1• Town of Reading Home Rule Charter Article 8 — General Provisions 8.11.2 Recall Petition - Two hundred and fifty (250) or more voters, including at least twenty- five (25) voters from each of the precincts into which the Town is divided, may file with the Town Clerk an affidavit containing the name of the Town Officer whose recall is sought and a sworn statement of the grounds upon which the affidavit is based. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the affidavit to the Board of Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. A copy of the affidavit shall be entered in.a record book to be kept in the office of the Town Clerk. If the affidavit contains sufficient signatures, the Town Clerk shall deliver to the first ten voters listed upon the affidavit, blank petition forms, in such number as requested, demanding such recall, with his signature and official seal attached thereto. They shall be dated and addressed to the Board of Selectmen; shall contain the names of all persons to whom they are Issued, the name of the person whose recall is sought and the grounds for recall as stated in the affidavit; and shall demand the election of a successor to the office held by such person. The recall petitions shall be returned and filed with the Town Clerk within twenty -one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses; provided, however, that not more than twenty -five percent (25 %) of the total number signatures may be from voters registered in any one precinct. 8.11.3 Recall Election - If the petition is certified by the Board of Registrars of Voters to be sufficient, it shall forthwith submit the petition with its certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of the petition and certificate to the Town Officer whose recall is sought, by mail, postage prepaid, to his address as shown on the most recent voting list; and shall cause notice of the petition and certificate to be publicly available. If such Town Officer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate of the Board of Registrars of Voters; provided, however, that if any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. 8.11.4 Nomination of Candidates - No Town Officer whose recall is sought may be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of the election shall all be in accordance with the provisions of law relating to elections. 8.11.5 Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of Town Officer) Against the recall of (name of Town Officer) 210 Town of Reading Home Rule Charter Article 8 — General Provisions Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated pursuant to Massachusetts General Laws Chapter 54, Section 42. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected and the incumbent shall be deemed removed upon the qualification of his successor, who shall hold office during the unexpired term; provided, however, that, if the successor fails to qualify within five (5) days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office shall be deemed vacant. If a majority of votes cast upon the question of recall is in the negative, no candidate shall be declared elected, and the Town Officer whose recall was sought shall continue in office for the remainder of his unexpired term, subject to recall as before. 8.11.6 Repeat of Recall Petition - No recall petition shall be filed against a Town Officer - subjected to a recall election and not recalled thereby, until at.least six (6) months after the election at which his recall was submitted to the voters. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 8.12 Removal of an Apoolnted Board or Committee Member 8.12.1 The appointing authority may remove an appointed member of a board or committee with more than six (6) months remaining in the term for which he was appointed. The process for such removal may be initiated in any of three methods: (a) The appointing authority may, by majority vote, cause a notice of removal to be filed with the Town Clerk; (b) A board or committee may, by majority vote, submit a written request that the appointing authority remove one of its members, specifying the grounds for such removal request in writing and causing a notice of removal to be filed with the Town Clerk; (c) One hundred (100) or more voters may file with the Town Clerk a petition requesting the removal of a member of a board or committee, specifying the grounds for such removal. Upon certification by the Board of Registrars of Voters of a sufficient number of valid signatures, the Town Clerk shall immediately notify the appointing authority thereof. 8.12.2 Public Hearing — A public hearing shall be convened by the appointing authority not less than twenty (20) nor more than thirty (30) days after a notice, request or valid petition for removal is riled with the Town Clerk. Not less than five (5) days (see Sec.8.5) prior to such hearing, written notice thereof shall be given by the Town Clerk to the board or committee member whose removal is sought, by mail, postage prepaid, to his last known address. Not less than forty-eight (48) hours prior to the time set for the commencement of the public hearing, the board or committee member shall be entitled to file a written statement with the appointing authority responding to the reasons cited for the proposed removal. The board or committee member may be represented by counsel at the public hearing, and shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. 8.12.3 Removal - The appointing authority may, by majority vote, adopt a final resolution of removal, which shall be effective upon adoption. Failure to adopt a final resolution of removal within thirty (30) days of the public hearing shall be deemed to be a disapproval of such resolution. The action of the appointing authority in removing the board or committee member shall be final, it being the Intention of this provision to vest all authority and fix all responsibility for such removal In the appointing authority, The board or committee member shall continue to serve on the board or committee until a final resolution of removal has become effective. (I01111111f Town of Reading Home Rule Charter Article 6 — General Provisions 8.13 Reslanation of Town Officers Any person holding an elective or appointive office may resign his office by filing a notice of resignation with the Town Clerk, and such resignation shall be effective immediately upon such filing, unless a time certain is specified therein when it shall take effect. 8.14 Town Seal The Town Seal in existence at the time of adoption of the Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued by any Town Officer or Town Agency may be attested by use of the Town Seal. or take any other action with respect thereto. Charter Review Committee ARTICLE 8 To see if the Town will vote to authorize the Board of Selectmen, on its behalf, to petition the General Court for passage of a special law substantially as provided below. The Legislature may make clerical or editorial changes in form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the Legislature. The Board of Selectmen is hereby authorized to approve amendments that shall be within the scope of the general public objectives of this petition. AN ACT RELATIVE TO THE TOWN OF READING HOME RULE CHARTER Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 1: Article 2 of the Town of Reading Home Rule Charter as amended through January 1, 2015, a copy of which is on file in the office of the archivist of the Commonwealth pursuant to Chapter 43B of the General. Laws, is hereby amended by staking section 2.1 thereof in its entirety and inserting, in place thereof, the following section: 2.1 Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety-two (192) members from eight (8) precincts who shall be elected by the voters in each precinct. Each precinct shall be equally represented in Town Meetings by members elected so that the term of office of one -third 'of the members shall expire each year. Section 2: Article 2 of said Charter is hereby further amended by striking section 2.2 thereof in its entirety and inserting, in place thereof, the following section: 2.2 Revision of Precincts When required by law or every ten (10) years, the Board of Selectmen shall review and, if necessary, re- divide the territory of the Town into eight (8) plainly 212 designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be contiguous and as compact as possible. The territory of each precinct shall be defined, where reasonably possible, by the centerline of known streets or other well- defined limits. Within ten (10) days of completing its review, the Board of Selectmen shall file a report with the Town Clerk and the Board of Registrars of Voters, showing any revisions to the precincts that are being made pursuant to this section. If revisions are being made, the report shall include a map showing the boundaries of each precinct and a list of its inhabitants' names and addresses. The Board of Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. Any such precinct revision shall be effective on the date it is filed with the Town Clerk. The Town Clerk shall forthwith notify the Secretary of State of the revision in writing. Section 3: Article 2 of said Charter is hereby further amended by striking section 2.3 thereof in its entirety and inserting, in place thereof, the following section: 2.3 Town Meeting Mernbershi At the first Town wide election after any precincts are revised, the voters of each precinct shall elect twenty -four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. Upon the certification of such election, the term of office of all previously elected Town Meeting members shall cease. At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct for a term of three (3) years, and shall also elect Town Meeting Members to fill any vacant unexpired terms. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election in writing. In the event of a tie vote, resulting in a failure to elect the full number of Town Meeting Members in any precinct, the vacancy created thereby shall be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be filled at the next Annual Town Election. In the event of such a vacancy, the Town Clerk shall give written notice of the tie vote and the vacancy created thereby, to the remaining Town Meeting Members of that precinct and shall publish such notice in the local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of filling the vacancy. 213 Section 4: Article 2 of said Charter is hereby further amended by striking section 2.5 thereof in its entirety and inserting, in place thereof, the following section: Nomination of candidates for Town Meeting Member shall be made by nomination papers bearing no political designation and signed by not fewer than ten (10) voters from the candidate's precinct. Nomination papers shall be obtained in person and signed by the candidate in the presence of the Town Clerk or designee. Completed nomination papers shall be filed with the Town Clerk at least thirty -five days (35) days before the election. Section 5: Article 2 of said Charter is hereby further amended by striking section 2.6 thereof in its entirety and inserting, in place thereof, the following section: A Town Meeting Member may resign by filing a written notice with the Town Clerk, A Town Meeting Member who terminates residency in the Town shall cease to be a Town Meeting Member. A Town Meeting Member who moves his residence from the precinct from which he was elected to another precinct shall serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of the Town Meeting. The Board of Selectmen shall place an Article on the Annual Town Meeting Warrant to remove any such Town Meeting Member from office. At least seven (7) days prior to the Annual Town Meeting, the Town Clerk shall notify any such Town Meeting Member that he may be removed from office, provided, however, that such notice shall be deemed adequate if mailed postage prepaid to the Town Meeting Member's last known address. Any vacancy in a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be tilled at the next Annual Town Election. In the event of a vacancy, the Town Clerk shall give written notice thereof to the remaining Town Meeting Members of the precinct and shall publish such notice in a local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of temporarily filling the vacancy. Section 6: Article 3 of said Charter is hereby amended by striking section 3.2 thereof in its entirety and inserting, in place thereof, the following section: 214 There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties granted to Boards of Selectmen by the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be provided by the Charter, by Town Bylaw, or by Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. The Board of Selectmen shall appoint a Town Manager, a Town Counsel, a Town Accountant, not more than five (5) Constables, and any other appointed board or committee member for whom no other method of selection is provided by the Charter or by Town Bylaw. The Board of Selectmen or its designee shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. Section 7: Article 5 of said Charter is hereby amended by striking section 5.1 thereof in its entirety and inserting, in place thereof, the following section: 5.1 Appointment, qualifications and Tenn The Board of Selectmen shall appoint a Town Manager, who shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full - time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract, for a term not to exceed three (3) years, setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. The Town Manager's employment contract shall be in accordance with and subject to the provisions of the Charter and shall prevail over any conflicting provision of any personnel bylaw, rule, or regulation. The Town Manager's compensation shall not exceed the amount annually appropriated for that purpose. The Town Manager shall devote full time to his office and, except as expressly authorized by the Board of Selectmen, shall not engage in any other business or occupation. Except as expressly provided in the Charter, he shall not hold any other public elective or appointive office in the Town; provided, however, that, 215 with the approval of the Board of Selectmen, the Town Manager may serve as the Town's representative to regional boards, commissions or similar entities, but shall not receive any additional salary from the Town for such services. Upon the termination of the Town Manager's appointment, whether voluntary or otherwise, he may receive termination pay as determined by the Board of Selectmen, not to exceed twelve (12) months' salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager shall provide the Board of Selectmen a minimum of sixty (60) days written notice of his intent to leave. This benefit shall not be available if the Town Manager is terminated for cause. Section 8: Article 5 of said Charter is hereby further amended by striking section 5.4 thereof in its entirety and inserting, in place thereof, the following section: 5.4.1 Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified individual to serve as Acting Town Manager during any , anticipated temporary absence, not to exceed thirty (30) days. 5.4.2 Long-Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of thirty (30) days, the Board of Selectmen shall appoint a qualified individual to .serve as Acting Town Manager until the Town Manager returns. 5.4.3 Vacancy - When the office of Town Manager is vacant or the Town Manager is under suspension as provided in Section 5.5, the Board of Selectmen shall appoint a qualified individual to serve as Acting Town Manager under terms of employment to be determined by the Board of Selectmen. In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred eighty (180) days. 5.4.4 Powers — Except as authorized by a four -fifths (4/5) vote of the Board of Selectmen, the powers of an Acting Town Manager shall be limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. Section 9: Article 8 of said Charter is hereby amended by striking section 8.11 thereof in its entirety and inserting as section 8.9, the following section: 8.9 Elections 8.9.1 Annual Town Elections - The choice of elected Town Officers and Town Meeting Members, as well as referendum questions, shall be acted upon and determined on the date fixed by Town Bylaw by voters on official ballots without party or other designation. 216 8.9.2 Procedures - All elections held pursuant to the Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. 8.9.3 Any town wide election shall be held at the same time for each precinct at a place or places designated by the Board of Selectmen. Section 10: Article 8 of said Charter is hereby further amended by striking section 8.13 thereof in its entirety and inserting, as section 8.11, the following section: 8.11.1 Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. No recall petition shall be filed against a Town Officer within three (3) months after he takes office. 8.11.2 Recall Petition - Two hundred and fifty (250) or more voters, including at least twenty -five (25) voters from each of the precincts into which the Town is divided, may file with the Town Clerk an affidavit containing the name of the Town Officer whose recall Is sought and a sworn statement of the grounds upon which the affidavit is based. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the affidavit to the Board of Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. If the affidavit contains sufficient signatures, the Town Clerk shall deliver to the first ten voters listed upon the affidavit, blank petition forms, in such number as requested, demanding such recall, with his signature and official seal attached thereto. They shall be dated and addressed to the Board of Selectmen; shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds for recall as stated in the affidavit; and shall demand the election of a successor to the office held by such person. The recall petitions shall be returned and filed with the Town Clerk within twenty - one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses; provided, however, that not more than. twenty -five percent (25 %) of the total number signatures may be from voters registered in any one precinct. 8.11.3 Recall Election - If the petition is certified by the Board of Registrars of Voters to be sufficient, it shall forthwith submit the petition with its certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of the petition and certificate to the Town Officer whose recall is sought, by mail, postage prepaid, to his address as shown on the most recent voting list; and shall cause notice of the petition and certificate to be publicly available. If such Town Officer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty -five (35) nor more than sixty (60) days after the 217 date of the certificate of the Hoard of Registrars of Voters; provided, however, that if any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. 6.11.4 Nomination of Candidates - No Town Officer whose recall is sought may be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of the election shall all be in accordance with the provisions of law relating to elections. 6.11.5 Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of Town Officer) Against the recall of (name of Town Officer) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated pursuant to Massachusetts General Laws Chapter 54, Section 42. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected and the incumbent shall be deemed removed upon the qualification of his successor, who shall hold office during the unexpired term; provided, however, that, if the successor fails to qualify within five (5) days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office shall be deemed vacant. If a majority of votes cast upon the question of recall is in the negative, no candidate shall be declared elected, and the Town Officer whose recall was sought shall continue in office for the remainder of his unexpired term, subject to recall as before. 6.11.6 Repeat of Recall Petition - No recall petition shall be filed against a Town Officer subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. Section 11: The Town Clerk is hereby authorized to make non - substantive changes to the numbering of the sections of the Town of Reading Home Rule Charter. Section 12: This Act shall take effect upon its passage. or take any other action with respect thereto. MM Charter Review Committee ARTICLE 9 To see if the Town will vote, pursuant to Section 5.2 of the Reading General Bylaws, to approve and authorize the Board of Selectmen to settle potential litigation involving the Sutton Brook Disposal Area Superfund Site, involving the possible payment of a sum of more than Fifty Thousand ($50,000) Dollars, or take any other action relating thereto. Board of Selectmen 219 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to January 5, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this q th day of �.,�„�, 2014. rman Kevin Sexton SELECTMEN OF READING Thomas Freeman , Constable 220 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on January 29 , 2015 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Kiilam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior February 23, 2015, the date set for Town Meeting in this Warrant. 1 also caused a posting of this Warrant to be published on the Town of Reading website on January 29 , 2015. A true copy Attest: Laura Gemme, Town Clerk 221 TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, February 23, 2015, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 9 To hear and act on the reports of the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board, Finance Committee, Town Manager and any other Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to cant' out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to appropriate the premium paid to the Town upon the sale of bonds issued for the purpose of constructing a new library, and for the payment of all costs incidental and related thereto, which bonds are the subject of a Proposition 2% debt exclusion, to pay costs of the project being financed by such bonds, and to reduce the amount authorized to be borrowed for such project, but not yet issued by the Town, by the same amount, or take any other action with respect thereto. Board of Selectmen Pxxa ARTICLE 4 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend the FY 2015 -24 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended by Article S of the Special Town Meeting of September 29, 2014 and by Article 5 of the Subsequent Town Meeting of November 10, 2014 and Article 4 of the Special Town Meeting of January 5, 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, or take any other action with respect thereto. Finance Committee 223 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to February 23, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this&W day of J20115. Joh na, Chairman la ie K. West, Vice Chairman Daniel Ensminger, Secretary alse Kevin Sexton SELECTMEN OF READING Constabl 224 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officers Retum, Reading: By virtue of this Warrant, I, on February 27, 2015 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rods Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to April 27, 2015, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on ,ppbrifA� 77, 2015. A true copy Attest: a , 9-� Laura Gemme, Town Clerk 225 Toaya Amico , Constable TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in the Local Elections and Town affairs, to meet in the following place designated for the eight precincts in said Town, namely: Precincts 1.2.3.4.6.6.7 and 8 Reading Memorial High School. Hawkes Field House, Oakland Road TUESDAY, the SEVENTH DAY OF APRIL, A.D., 2015 from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz: ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year, One member of the Board of Selectmen for three years; One member of the Board of Selectmen for one year, One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; Two members of the School Committee for three years; One member of the School Committee for one year, and Sixty Seven Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 Eight members for three years; Precinct 2 Eight members for three years; Precinct 3 Eight members for three years; One member for two years; Precinct 4 Eight members for three years; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; Precinct 7 Eight members for three years; One member for two years; Precinct 8 Eight members for three years; and One member for one year. 226 and to vote on the following question: Question 1: CHARTER Shall this Town approve the Charter Amendment proposed by the Town Meeting, as summarized below? The proposed Charter Amendment retains the representative town meeting form of government. Proposed changes include updates to conform more closely to existing state law; to reflect current municipal practice; and to simplify, clarify and modernize language. The proposed Amendment also includes several technical corrections. Major changes include: • Finance Committee term limits would be amended to exclude any partial terms served by a Committee member that are less than two years. • The Board of Assessors would be changed from an elected board to an appointed board. The number and term of members would remain the same, but the Board of Selectmen would be responsible for appointing the Board of Assessors. • The Town Manager would be responsible for appointing the Town Appraiser, subject to confirmation by the Board of Assessors. • A new Charter Review Committee would be created and charged with reviewing the Charter every 10 years. • The power to create new boards or committees for specific purposes would be extended to all elected boards and committees. Currently, only the Board of Selectmen has this authority. • A new section would be added to authorize associate membership on appointed boards and committees. • Town Counsel appointment would be changed from annually to "at will." • Budget deadlines for the Town Manager and School Committee would be amended to reflect current practice. • Procedures would be included to clarify the removal process of members of appointed boards and committees. Because certain types of Charter changes are beyond the power of Town Meeting and the local voters, implementation of the Town Meeting's proposals requires two separate processes. Those sections that may be sent to the local voters by Town Meeting are included in this Question. Those sections that are beyond the power of Town Meeting to recommend to the voters are being sent to the State Legislature In a request for a Special Act and are not included in this Question. Yes No and to meet at the Reading Memorial High School, 82 Oakland Road, in said Reading on MONDAY, the TWENTY- SEVENTH DAY of APRIL A.D., 2015 at seven -thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. 227 ARTICLE 2 To hear and act on the reports of the Board of Selectmen, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen ARTICLE 3 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or, otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2015 -25 Capital Improvements Program as provided for in Section 7 -7 of the Reading Horne Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended 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, or take any other action with respect thereto. Finance Committee ARTICLE 6 To see if the Town will vote to transfer funds received from the Commonwealth of Massachusetts, pursuant to Section 9 of Chapter 40R of the Massachusetts General Laws, in payment for development within the Town's Smart Growth Zoning Districts from Free Cash Into the Smart Growth Stabilization Fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see what sum the Town will appropriate to the irrevocable trust for "Other Post - Employment Benefits Liabilities" or take any action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will 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; or take any action with respect thereto. Board of Selectmen ARTICLE 9 To hear the report of the Board of Selectmen relative to the laying out and the widening and relocation of the following named streets under the provisions of Chapter 82 of the Massachusetts Genera! Laws; and to see if the Town will vote to accept such streets as and for public ways and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or interest in land necessary for such laying out and act on all manners relating thereto., Cory Lane Nugent Lane Pondview Lane Dividence Road or take any other action relative thereto. from Zachary Lane to dead end from Pearl Street to dead end from Fairchild Drive to dead end from Franklin Street to Zachary Lane Board of Selectmen ARTICLE 10 To see if the Town will 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. Board of Selectmen 229 ARTICLE 11 To see if the Town will vote to amend Section 8.8 Animal Control of the General Bylaw in the following manner: $.8 Animal Control I 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-147fk, the following bylaw is enacted for the regulation of dogs In the Town of Reading. 8.8.1 Definitions As used in this bylaw, the following words and terms have the following meanings: 8.8.1.1 8.8.1.2 Animal Control Officer (ACO) A person designated gippointed by the Town Manager. who Is authorized to enforce this Bylaw and M.G.L. Chapter 140, Sections 136A -174E. Inclusive. 8.8.1.2A 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 8.8.1.31 Effective Voice Control To be under effective voice control, the animal must be within the owner's or keeper's sight and the gMMer or keeper must be carrying a leash and the animal must refrain from illegal activities. 8.8.1.4f. 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. 8.8.1.5ft Keeper A person, business, corporation, entity or s iety. other than the owner. having Rossealon of, a T*wa of, Read!", Ineluding but not limited to the anifne114 owneft -dog walkers, dog sitters, emembers of the animal owneids household er family. 8.8.1.6, Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, boarding, sale, training, hunting, companionship or any other purpose. "Kennel" includes commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. 8.8.1.72 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. 230 8.8.1.8, 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. 8.8.1.91QLlcense Transfer The registration issued to a dog already licensed In another U.S. jurisdiction, after the dog moves Into the Town of Reading. 8.8.1.49" License Period An annual period, from January 1 through December 31. 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."JA Nuisance Dog (1r 1 •�' 1 r . r .r -1- - 1 r 11-1 i : - 1 f- ? 1? 1 : • r ., SRi . - r' " `21rs,+l: -.. l 411 ...t. r 1 L '. r ';.= FxJ 1 ri _ � ' M7 8.8.1.3alA 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. 8.8.144JA Restraint Umiting, 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). 8.8.1.3311 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 2Lkeeper's sight and the owner or keeper is carrying a leash). 8.8.1.3611 Temporary Confinement Order An oEder issued by the AGO pursuant to Section 8.8.4.4 authorizing or ........ t Formatted: Indent requiring the temporaIX housing of an animal, Left: 1 8.8.1.18 Temporary Restraint Order An order issued by the ACO under Section 8.8.&3-.2 requiring the dog's, lU 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. 231 8.8.1.3412 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, whlle residing in the Town of Reading, must have a license from the Town Clerk. To obtain or renew the license, each dog owner Lkeeper must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination Is inadvisable, the owner .i[ kee2or—may present a veterinarian's certlficate 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 ar _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 keener 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 „Qwnfr et keeper has the tag In his or her possession and available for Inspection by the ACO. Annual Renewal 232 Dog owners and keepgrs_must renew each dog license annually. The annual licensing period runs from January 1 through December 31. License due Date and Late Fee The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31 each year. Dog owners 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 Qr k &pff 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 owners 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 11c keeeygr 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 keepgr 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 kegoer 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: 233 • The location of the kennel is appropriate for housing multiple dogs. • The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. • The area provided for housing, feeding, and exercising dogs is no closer than twenty (20) feet to any lot line. • The area provided for housing, feeding, and exercising dogs is no closer than fifty (50) feet to any existing dwelling on an abutting lot. • The kennel will be operated In a safe, sanitary and humane condition. • Records of the numbers and Identities of the dogs are properly kept. • The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. Periodic Inspections Before a kennel license is renewed, and at any time they believe it necessary, the ACO and /or the Health Division may inspect any kennel. If the ACO or the Health Division determine that the kennel is not being maintained in a safe, sanitary and humane condition, or If the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. Kennel Review Hearings Within seven (7) business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within fourteen (14) days after the notice date. Within seven (7) business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kennel. Penalties Any person maintaining a kennel after the kennel license has been denied revoked or suspended will be subject to the penalties In Section 8.8.7 of this bylaw. Annual Renewal Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. License Due Date Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, If the 15th falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40 Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. 234 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 1378 - 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. rR.M.M., T7. IFYIN , 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. 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_;,e„ -„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 slx -foot or shorter leash and the animal must refrain from illegal activities. 235 8.8.3.7 School Grounds Animals are not allowed during school w. 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 property 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. 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 aft order-ef- Stemporary $festraint 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. Aft—order--of Itemporary gfestraint Qrder s 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 animal1s _2wner or keeper can petition the Animal Control 236 Appeals Committee (ACAC) under Section 8.8.5.2 to rescind the order a6 Temporary Restraint Or it . 8.8.4.4 Issuance of an- 6rder -ef Temoorarv. 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 jnav issue an Temporary Qnfinement 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 kegoer'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 Qntrol AcReals 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. 8.8.5.3 Right to Appeal When the ACO has investigated a complaint regarding an animal's behavior and has issued Temporary Restraint Order or _a TAmoorary Confinement Order with which either the animal's owner or keeper or the complainant disagrees, then either parry 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 keeRe the complainant, and the ACO must appear. 8.8.5.3 Findings and Further Appeals The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's temporary order deelsi m —and shall mail its ruling to the animal owner, or keeper complainant, and ACO within three (3) business days after the public hearing. 8.6.5.4 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. 237 8.8.5.5 Further Appeals An appeal from an order or decision of the ACAC may be made by either the Owner or Keener or Complainant within 10 days at the Woburn District Court. 8.8.6 Dangerous Ms 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 " uthanasia in accordance with the American Veterinary Medical Association Guidelines on Euthanasia. S .,„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 owners 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. 6_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. \_ _ f_: .:lL 1 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 ftnait es 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 falls to obtain a kennel license; and any animal owner or keeper who falls to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control Appeals Committee, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.8.2 Reimbursement of Costs If the Animal Control Officer confines a dog and the animal owner gr keener, does not pay all fees directly to the kennel or veterinary clinic, then the dog's 2wner 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 239 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 Miscellaneaus 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 Abe enforced by non- criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40 Section 21D. The penalty for such violation shall be 9300 for sad affense, fMb dgy j2E girt thereof shalt consute_a separate offense. 618912 M.M.—reretlen Of Stake bw threugh madMed ,r are hereby ineeppeFated Into this bylawr or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to amend the General Bylaw by inserting a new Section 3.3.1.6 as follows: 3.3.1.6 Appointment of Associate Members The Board of Selectmen shall be authorized to appoint associate members to any board, committee or commission for which it is the appointing authority. or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to amend Section 2.1.6 of the General Bylaw by adding the words "but not more than twenty -eight (28) days" thereto so that said Section 2.1.6 will read as follows: 2.1.6 Posting of the Warrant The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days but not more than twenty - eight (28) days prior to the time of holding said meeting by causing an attested copy of the warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and causing such attested copy to be WO published in a local newspaper or providing in a manner such as electronic submission, holding for pickup, or mailing an attested copy of said warrant to each Town Meeting Member. or take any other action with respect thereto. By Petition ARTICLE 14 . To see of the Town will 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, 26 and 26, to the winner of a competitive bid and to any additional winning co- locator bidders, selected pursuant to Chapter 30B of the Massechusetts General 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; or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see if the Town will 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; or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate 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 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, or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to raise the sum of Two Million ($2,000,000.00) dollars by borrowing 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 to 241 authorize the Facilities Department and or the Town Manager 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. Board of Cemetery Trustees ARTICLE 18 To see if the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND ", or take any other action with respect thereto. Board of Selectmen ARTICLE 19 To see if the Town will vote to authorize revolving funds for certain Town Departments under Section 53E '/z of Chapter 44 of the Massachusetts General Laws for the fiscal year beginning July 1, 2015 with the receipts, as specified, credited to each fund; the purposes, as listed, for which each fund may be spent, the maximum amount that may be spent from each fund for the fiscal year, and the disposition of the balance of each fund at fiscal year end. Revolving Spending Revenue Allowed Expenditure Limits Year End Account- Authors Source Expenses Balance Fees as Consulting and provided for in engineering services for Conservation Reading General the review of designs $25,000 Commission Bylaws Section and engineering work Available for Consulting Conservation 5.7, Wetlands for the protection of expenditure Fees Commission Protection wetlands. next ear Legal, oversight and inspection, plan review, Building, initial property Plumbing, ppraisals and appeals, Wiring, Gas and Public Services general other permits for management, curb $200,000 the Oaktree, sidewalks and Addison-Wesley/ pedestrian safety Inspection Pearson and improvements, records Available for Revolving Town Johnson Woods archiving and other expenditure Fund IManager developments project related costs. next ear Clinic fees, Materials and costs Public Health charges and associated with clinics $25,000 valiable for Clinics and Board of third party and public health expenditure Services Health I reimbursements lerograms next ear 242 Library Materials Replacement Library Director and Trustees Charges for lost or damaged Library materials Acquire Library materials to replace lost or damaged items $15,000 Available for expenditure next ear Mattera Utilities and all other Available for Cabin Recreation maintenance and $10,000 expenditure Operating ministrator Rental Fees operating expenses next year Director of Public Works upon the recommenda tion of the Sale of timber, Planning and Available for awn Forest rees for use of lImprovements to the $10;000 expenditure own Forest 12ommittee he Town Forest ITown Forest next year or take any other action with respect thereto. Board of Selectmen ARTICLE 20 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2016 - beginning July 1, 2015, or take any other action with respect thereto. Finance Committee ARTICLE 21 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Section 6 of Chapter 44 of the Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects In accordance with Chapter 90 of the Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 22 To see if the Town will vote, pursuant to Section 2-6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one -half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto. Board of Selectmen 243 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to April 27, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this?.f "' day of 46044!j 2015, Jahn Arena, Chairman �� i/ 1 r 160 tt Iice Ensminger, Secretary WINE SELECTMEN OF READING Tony. Amico , Constable 244 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on March 25 , 2015 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to April 27, 2015, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on March 25 , 2015. A true copy Attest: 6 Laura Gemme, Town Clerk 245 ha as eman, Jr ,Constable TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, April 27, 2014, at eight o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2015 -25 Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto Board of Selectmen ARTICLE 4 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs, replacement and /or new installation of field lighting 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 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 field lighting systems 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, or take any other action with respect thereto Board of Selectmen 246 ARTICLE 5 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate, to be added to this amount appropriated for modular classrooms under Article 6 of the February 23, 2015 Special Town Meeting, for the purpose of purchasing and placing modular classroom units at elementary schools, 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 School Committee and the Town Manager; and to see if the Town will authorize the School Committee, 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 improvements; and to authorize the School Committee and /or the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article. Board of Selectmen as a courtesy to the School Committee ARTICLE B To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making extraordinary repairs, replacement and /or new installation of retaining walls at Reading Memorial High School, 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 School Committee and the Town Manager; and to see if the Town will authorize the School Committee, 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 improvements; and to authorize the School Committee and /or the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article. Board of Selectmen as a courtesy to the School Committee ARTICLE 7 To see if the Town will vote, pursuant to Section 5.2 of the Reading General Bylaws, to approve and authorize the Board of Selectmen to settle potential litigation involving the Sutton Brook Disposal Area Superfund Site, involving the possible payment of a sum of more than Fifty Thousand ($50,000) Dollars, or take any other action relating thereto. Board of Selectmen 247 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to April 27, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 24h day of March , 2015. Thomas reeman irdon able W- Marsie K ,^fest , ce Chairman Daniel Ensminger, Secretary r Ttal � +r % a SELECTMEN OF READING COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Retum, Reading: By virtue of this Warrant, I, on September 22 2015 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days pdor to November 9, 2015, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on September 22 , 2015. A true copy Attest: Laura Gemme, Town Clerk RK Thomas if Yreeman Jr /,Constable ifeTilAroff0�1 11h COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, November 9, 2015, at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2016 -26 Capital Improvements Program as provided for in Section 7.7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen 250 ARTICLE 4 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2015, as adopted under Article 20 of the Annual Town Meeting of April 27, 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, or take any other action with respect thereto. Finance Committee ARTICLE 6 To hear the report of the Board of Selectmen relative to the laying out of the following named streets under the provisions of Chapter 82 of the Massachusetts General Laws, and to see if the Town will vote to accept such streets as and for public ways and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or interest in land necessary for such laying out, and act on all manners relating thereto: Cory Lane, from Zachary Lane to dead end Pondview Lane, from Fairchild Drive to dead end Roma Lane, from Sanborn Lane to dead end Sailor Tom's Way, from Franklin Street to dead end Causeway Road, from Lowell Street to dead end Dividence Road, from Franklin Street to Emerson Street or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to amend Section 1.0 of the Zoning Bylaws as follows (Bold represents language to be inserted and crossed -out language is to be deleted): 1.0 PURPOSE This Bylaw has been adopted to govern uses of land; the size, height, bulk, location and use of structures, buildings and signs; and for all of the other purposes set forth In, but not limited by, Section 2A of Chapter 808 of the Acts of 1975: 1. 1 The PUFPGSBS- 01 thile Zening Bylaw inGlude, but aFe not limited to, the following'. a To promote the health, safety and general welfare of the inhabitants of the Town of Reading; 251 h To lessen congestion in the streets; s To conserve health; 4 To secure safety from fire, flood panic, congestion and other dangers; e To provide adequate light and air; f To prevent over - crowding of land; 9 To avoid undue concentration of population; h To encourage housing for persons of all income levels; 1 To facilitate the adequate provisions of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; } To conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; h To encourage the most appropriate use of land throughout the Town of Reading, including consideration of the recommendations of comprehensive plans adopted by Town Meeting; and I To preserve natural conditions and historic sites and to enhance beauty and amenities. or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 6 To see if the Town will vote to amend the Zoning Bylaws by (1) Deleting Commercial Communication Structures from Section 2.0; (2) Adding in appropriate alphabetical order, a new definition to Section 2.0 as follows: Personal Wireless Service Facility (PWSF)—All equipment, including Repeaters, with which a Personal Wireless Service Provider broadcasts and receives the radio-frequency waves which carry their services, and all equipment, appurtenances and structures, including towers, relating thereto. (3) Revising Section 5.3.1 and Section 5.3.2 Table of Uses to allow PWSFs by Special Permit through the CPDC in every zoning district and delete Commercial Communications Structures in Section 5.3.1 and Section 5.3.2 Table of Uses. (4) Deleting in its entirety Section 5.6.3 Commercial Communications Structures and replace with a new Section 5.6.3 Personal Wireless Service Facilities, as follows: Personal Wireless Service Facilities (PWSFs) 5.6.3. Applicability. No PWSF shall be erected, installed or modified except upon issuance of a special permit in compliance with the provisions of this bylaw, whether the PWSF is considered a principal use or an accessory use. 5.6.3.1. Preferences— Siting and Facility Type. A. PWSF Siting. A PWSF may be permitted within any district by Special Permit, subject to the purposes and standards established in this bylaw. The following list of allowable PWSF Locations is presented in order of preference. 252 1. First Preference: A site located entirely within an Interstate Highway right -of- way. 2. Second Preference: A site located entirely within an Industrial zoning district. 3. Third Preference: A site located entirely within a Business (Bus A and Bus C) zoning district. 4. Fourth Preference: A site located within the Residential S -15, S -20, 5-40, A- 40, A -30 or within the Business B zoning districts. B. PWSF Installation Types: The following list of PWSF installation Types is presented in order of preference. 1. First Preference: The following PWSF Installation Types are of equal preference to one another: a. PWSF Collocation. A new PWSF may Collocate on any existing PWSF to the extent that such Collocation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. b. PWSF on Existing Electrical Utility Infrastructure. A PWSF may Collocate on existing electrical utility infrastructure such as utility poles or streetlights using unobtrusive architectures such as Distributed Antenna Systems (DAS). With respect to the use of utility poles, Collocation on existing electrical utility poles (and replacements thereof) is preferred above the installation of new electrical utility poles in public/private ways. In neighborhoods with underground electrical utilities, pole- mounted PWSF on existing electrical utility infrastructure are discouraged in favor of less visually obtrusive alternatives, such as placing a small antenna installation on existing electrical utility poles on a nearby street. c. Other implementations. A PWSF may be located using innovative alternatives that are in keeping with the purpose and intent of this Bylaw and that may become available after the adoption of this Bylaw. 2. Second Preference: PWSF Site Sharing. A new PWSF may share the same parcel with existing PWSFs, to the extent that such site- sharing is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 3. Third Preference: A new PWSF installation on any existing structure, to the extent that such installation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 253 4. Fourth Preference: PWSF involving a new antenna tower. PWSFs which require the construction of a new antenna tower are least on the order of preference. 5. Waiver of Preferences. The CPDC may waive the preference orders designated for siting and types of PWSF pursuant to Section 5.6.3.1.A upon a finding that the siting at a location of lesser preference, or the installation of a PWSF type of lesser preference, would achieve a result more consistent with the purposes and standards established in this bylaw. 5.6.3.2. General Special Permit Requirements. A. Use. PWSFs shall only be employed for the purpose of delivering wireless services to subscriber devices or supporting public safety communications, and shall not be used for storage, office, manufacturing, repair, or other activities unless separately permitted for such other activities. B. Demonstration of need. 1. Need for service. The applicant must demonstrate the service objectives in the Town of Reading that the proposed PWSF will address in whole or in part. Such demonstration shall include: a. Substantial written evidence including technical documentation demonstrating that there is a substantial deficiency in the applicant's provision of service to the Town of Reading which fails to satisfy the service objectives; b. detailed information about all existing and pending PWSFs regardless of ownership, control or the jurisdiction in which they are located, and associated coverage maps; c. information about terrain, vegetation and land use within the proposed coverage area; d. estimates with supporting documentation of the number of mobile and stationary subscribers affected by the claimed substantial deficiency; e. network performance factors; and f. other information relevant to the Applicant's service objectives, or as may be required by the CPDC. 2. Need for location. The applicant must provide substantial written evidence including clear documentation showing how the improved service to the Town of Reading that applicant seeks could not be provided by utilizing one or more alternative locations of higher preference as described in Section 5.6.3.1.A or, alternatively, how the proposed PWSF achieves a better result as described in Section 5.6.3.4.C. 254 3. Availability of alternatives. The CPDC, at its discretion, may require the applicant to consider specific potential alternatives at any level of the hierarchy in Section 5.6.3.1.A, if the CPDC determines that such locations may better achieve the purposes established in this bylaw. C. Visual Guidelines. The construction, erection, installation and /or placement of all PWSF shall be reviewed by the CPDC within the public hearing process based on the following visual guidelines: 1. Concealment. To the maximum extent practicable, PWSFs shall conceal equipment, cables, and antennas within architectural surfaces that are ordinary and consistent with the context of the PWSF within the Town of Reading environs, such as steeples, coricealed- antenna monopoles, flagpoles, smokestacks, faux chimneys and cupolas. 2. Screening, Camouflage and Landscaping. Wherever possible, PWSF shall be sited so as to minimize the visibility of such devices from adjacent property and shall be suitably screened from abutters and residential neighborhoods. Where elements of a PWSF will be visible to residential parcels and public or private ways, PWSFs shall employ screening and /or camouflage methods that are consistent with the context of the surrounding area such as fencing, vegetation, and paint color or patterns to match underlying surfaces in order to mitigate any undesirable visual bulk and distraction. Installation of free - standing PWSF shall minimize the removal of trees and other existing vegetation. 3. Scale. The visual characteristics of a PWSF shall be minimized with respect to being unreasonable in scale, such as a dominant or looming visual experience, disproportion to the site and its surroundings, or undesirable shadowing impacts. 4. Color. Free- standing, wall mounted and roof - mounted devices may be required to be painted or otherwise colored or finished In a manner which aesthetically minimizes the visual bulk of the devices to the surrounding landscape or on the building or structure to which they are attached. ' 5. Signs. There shall be no advertising permitted on or in the vicinity of PWSF. There shall be a sign not exceeding four square feet in area at each PWSF which shall display a phone number where the responsible party for the maintenance of the PWSF may be reached on a 24 hour basis. 6. Lighting. Outdoor lighting of PWSFs shall be limited to that which is necessary for security and temporary maintenance at the discretion of the CPDC. PWSFs that are required to be marked and lighted for air navigation safety are discouraged. 7. Maintenance. The visual characteristics of a PWSF shall be maintained, repaired and replaced as necessary and as an ongoing condition of compliance to retain the characteristics approved by issuance of a special permit. 8. Prohibitions. The following are specifically prohibited: 255 a. Lattice style antenna towers and facilities requiring three or more legs and/or guy wires for support; and b. Fences utilizing razor wire or barbed wire or similar wire types. D. Height: 1. Height General Regardless of the type of mount, a PWSF shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a PWSF shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. 2. Height, Ground - Mounted Facilities Ground - mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from average grade level. If there are no buildings within 300 feet of the proposed site of the facility, all ground - mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. 3. Height, Side -and Roof - Mounted Facilities Side -and roof - mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. 4. Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. E. Setbacks: All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. 256 1. In order to ensure public safety, the minimum distance from the base of any ground- mounted wireless service facility to any property line, shall be 1.5 times the height of the facility /mount, including any antennas or other appurtenances. This set back is considered the °fall zone ". 2. In the event that a preexistent building or structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non - conforming structures, wireless service facilities and their equipment shelters shall not increase any non - conformity. 3. Additional Required Setbacks. In all districts, PWSFs shall be placed no closer than 3 times the height of the Antenna above grade to an existing school, Child Care Facility, Nursing or Convalescent Home, or an Assisted Living Facility. 5.6.3.3. Application Procedures. A. Preliminary Review. Applicants are strongly encouraged to contact the Town Planner to initiate a dialogue well before final site selection and detailed application development. The Preliminary Review is intended to: 1. Provide the Applicant with the opportunity to discuss and clarify Zoning Bylaw requirements and CPDC Site Plan Review Guidelines and Regulations (adopted by the CPDC pursuant to Section 4.6.1.2) relevant to the Applicant's prospective PWSF proposal; and 2. To review general concepts related to the PWSF and alternative means of implementation to determine the CPDC's preferences. B. Special Permit and Site Plan Approval. No PWSF, whether itself a principal use of a lot or as an accessory use to a communication facility, shall be constructed without a Special Permit having been granted by the CPDC. The CPDC may grant a Special Permit in accordance with the provisions of this Section and Section 4.4. Nothing in this section is intended to exempt PWSF from the requirement to receive Site Plan Approval pursuant to Section 4.6. C. Consultant Review. When considering an application for a PWSF, the CPDC may determine the need for the assistance of a consultant technical expert in matters involving the placement, construction and modification of PWSFs, under the Zoning Bylaw and the Telecommunications Act of 1996, at the Applicant's expense pursuant to G.L. c. 44 s. 53G. To make the most productive use of the.limited time authorized by the Federal Communications Commission (FCC) to hear the application, the CPDC may at its discretion engage a consultant immediately upon receipt of an application. 5.6.3.4. Decision. A. Required Findings. To approve a Special Permit for a PWSF, the CPDC must make the following findings: 1. That the Applicant or co- Applicant has: 257 a. demonstrated that it is a Personal Wireless Services provider in the Town of Reading area, and has sufficient ownership or leasehold interest in the proposed site to construct the PWSF; b. provided written assent to the Town that the Applicant will allow Site - Sharing, to the extent reasonably practicable and that is appropriate for the site and surroundings, in a reasonable and nondiscriminatory manner; and c. demonstrated that the construction, operation and maintenance of the proposed PWSF are consistent with applicable environmental regulations including, but not limited to, National Environmental Policy Act (NEPA) criteria. 2. That the proposed PWSF (with conditions, if applicable): a. is part of the orderly development of PWSFs in the Town of Reading, and will result in a substantial improvement in the provision of Personal Wireless Service in the Town of Reading; b. is compatible with the Town of Reading's character and is designed and screened in a manner that is sensitive to the surrounding neighborhood as well as the community at large; protects adjacent properties from unreasonable risks of PWSFs, to the extent permitted by law, including without limitation excessive noise levels, failing objects, fuel spills, and attractive nuisance; c. if the proposed PWSF will Site -Share with an existing PWSF(s), that such Site Sharing is found by the CPDC to be consistent with the purposes established in this bylaw; d. conforms with the PWSF Location and PWSF Installation preferences of Section 5.6.3.1.13 to the extent necessary to conform with the purposes established in this bylaw; e. ensures that all radio frequency (RF) emissions shall comply with the FCC requirements codified in 47 CFR § 1.1307 et seq as further interpreted by FCC Office of Engineering and Technology Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Magnetic Fields, or any successor regulation or bulletin, as same may be amended from time to time. f. if proposed as a new antenna tower, the Applicant has documented that no combination of one or more alternative Collocations and/or Site Sharing can substantially satisfy the Applicant's coverage objectives; and present a substantially less detrimental impact on the Town of Reading. g. satisfies the Purposes established by the Zoning Bylaw and, without limitation, the specific requirements and guidelines established in this bylaw; and 258 h. if applicable, that the existing vegetation will be preserved or improved; and L where applicable, that disturbance of the existing topography has been minimized or that proposed manipulation of vegetation and disturbance of topography results in a lesser visual impact. B. Form of Decision. The CPDC shall act on a Special Permit request for the placement of a PWSF in accordance with G.L. c. 40A, §9 and may approve, approve with conditions, or deny an application. The Decision of the CPDC shall be timely, in writing and based upon substantial evidence in the written record. 1. Approval. Any approved Special Permit shall authorize specific PWS provider(s) and specific wireless service(s) to be operated by the Applicant(s) at the Antenna heights) or positions specified in the application or approval document. 2. Approval with Conditions. The CPDC may impose conditions of approval as necessary to ensure that the purposes of this bylaw are achieved. For any condition that the CPDC establishes with reporting or monitoring requirements, including without limitation noise or radio frequency emissions, the CPDC shall seek the advice of an expert in the relevant field pursuant to Section 5.6.3.3.0 to identify the least burdensome protocol that is consistent with a legitimate public purpose identified by the CPDC. 3. Denial. Any denial shall be in writing and supported by substantial evidence contained in the record as required by the Telecommunications Act of 1996. 4. Reconsideration pursuant to Telecommunications Act. If the CPDC fails to find in favor of all elements of Section 5.6.3.4.A, the CPDC shall reconsider the proposed PWSF in the context of the Telecommunications Act of 1996. To approve the Special Permit under this section, the CPDC must make the following findings: a. That a significant gap exists in the coverage area of the proposed PWSF, which significant gap is not necessarily equivalent to the lack of the Applicant's stated coverage objectives; b. That there are no viable aftematives involving one or more PWSFs to serve the significant gap; c. That not granting a Special Permit for the proposed PWSF (including conditions, if any) would effectively prohibit the provision of personal wireless services; C. Waivers., The CPDC may at its discretion authorize waivers in the Special Permit Approval with respect to the orders of preference in Section 5.6.3.1A and 5.6.3.1.B, and any dimensional or other requirements of Section 6.6.3.2.1) and 5.6.3.2.E upon a finding that such waiver will achieve better results consistent with the purposes and standards established in this Section 5.6.3. 259 5.6.3.5. Removal of abandoned antenna towers and PWSFs. Any PWSF antenna tower, PWSF Communications Device, or PWSF that is not commercially operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna tower, PWSF Communications Device, or PWSF shall remove same within ninety (90) days of receipt of notice from the Town notifying the owner of such abandonment. If such tower or facility is not removed within said ninety (90) days, the Town may cause such tower or facility to be removed at the owner's expense. If there are two or more users of a single tower, the height may be reduced to that required by the remaining user(s). If the permit holder for the tower ceases operation, the remaining users may be required to apply for a new Special Permit. or take any other action with respect thereto. Community Planning and Development Commission ARTICLE~ 9 To see if the Town will vote to amend the Zoning Bylaws by: (1) Inserting, in appropriate alphabetical order, the following definitions into Section 2.0: Aquifer Protection Overlay District: The zoning district delineated and established by Section 10.3 of the Zoning Bylaw. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation of surface water runoff to penetrate into the soil. Landfill: Any place where disposal of Solid Waste into or onto the land has been authorized by a permit. Open Dump: Any place operated or maintained in violation of any applicable federal or state laws, regulations or criteria for Solid Waste disposal. Underground Storage Tanks: Any storage tank or container with all or any portion of the contents located beneath the surface of the ground. (2) Deleting the definition of Earth Removal contained in Section 2.0 In its entirety and inserting, in place thereof, the following: Earth Removal: The removal of sand, loam, sod or gravel on a lot, unrelated to landscaping or authorized construction thereon, to another lot or location. (3) Inserting, at the end of Section 3.4.1, the words "or to the Aquifer Protection Overlay District boundary lines established by Section 10.3 of the Zoning Bylaw." (4) Deleting from Section 3.2 "`Aquifer Protection Overlay District Map, Town of Reading' dated September, 1985 consisting of 1 panel ", and inserting, in place thereof, the following: "Figure 2 Town of Reading, Massachusetts Zone II and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading 260 entitled °100 Acre Wellfield Zone lI Study" dated July 1996, which shows certain aquifer protection areas consisting of aquifers or recharge areas. (5) Deleting Section 10.3 in its entirety and inserting, in place thereof, the following (Bold represents language to be inserted and crossed -out language is to be deleted): 10.3 Aquifer Protection District 90.3.1 Establishment and Delineation of Aauifer Protection Overlay District The Aquifer Protection Overlay District is delineated and established on a map entitled "Figure 2 Town of Reading, Massachusetts Zone 11 and Zone III Areas" prepared by Weston & Sampson Engineers, Inc. resulting from a study for the Town of Reading Entitled 900 Acre Wellfield Zone 11 Study dated July 1996 which shows certain aquifer protection areas consisting of aquifers or recharge areas. Such map is hereby made a part of the Town of Reading Zoning Bylaw and is on file in the office of the Town Clerk and the Building Inspector's Office. Aquifer Protection District is an overlay district superimposed on the underlying zoning districts which shall apply to any portion of all new construction, reconstruction, or expansion of existing buildings structures and new or expanded uses whGh fall that falls within such Aquifer Protection District. Uses prohibited in the underlying zoning districts shall not be permitted.in the Aquifer Protection District. 10.3.24- Purpose of District The purposes of this the Aquifer Protection Overlay District are is-te: 40.3:4 A. To promote the health, safety, and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Reading; 40.3.2 B. To preserve and. protect existing and potential sources of drinking water supplies; 40.3.3 C. To conserve the natural resources of the Town of Reading; and 40.3.4 D. To prevent temporary and permanent contamination of the environment. . [ALREADY IN SECTION 2.0 DEFINITIONS] Aquifer Protection District: The zoning district delineated and established by Section 90.3 of the Zoning Bylaw. 261 res#ar� -fTO BE MOVED TO SECTION 2.0 DEFINITIONSt impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation of surface water runoff to penetrate directly into the soil. , , O BE COMPLETELY DELETED FROM ZONING BYLAW] in-tq w4utum, [TO BE COMPLETELY DELETED FROM ZONING BYLAW] 11 COMPLETELY DELETED FROM ZONING BYLAW] 262 3=7 -11110.4~ t 262 10.3.3 6 Use Regulations In the Aquifer Protection Overlay District, the following regulations shall apply: 10.3.3.6:1. Permitted Uses The following uses are permitted within the Aquifer Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, State or Federal laws are also obtained: 43 .6.14 A. Conservation of soil, water, plants and wildlife; ^-, B. Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; 48- 3 -6-1 -3 C. Foot, bicycle and /or horse paths and bridges; 4 D. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; 40.3.6.1:€ E. Maintenance, repair, and enlargement of any existing structure, except as prohibited by subject -t Section 10.3.3.240464.-of the Zoning Bylaw; a-6 F. Residential development, except as prohibited by subjest to Section 10.3.2 of the Zoning Bylaw 40.. 3.6.2; 40.3.6.4.7 G. Farming, gardening, nursery, conservation, forestry, harvesting and grazing, except as restricted by subject to Section 10.3.2. 4 0:3.6.2; M. Construction, maintenance, repair, and enlargement of dAnking , but not limh wells, pipelines, aqueducts and tunnels and other facilities related to drinking water supply; I. Land uses that alter a lot such that the total amount of Impervious Surface on the lot within the district would not, exceed 2,500 square feet or 15% of any that portion of the lot located within the District, whichever is greater, unless a system of artificial recharge of precipitation is designed with the applicable design standards established by the Massachusetts Department of Environmental Protection Stormwater Regulations and approved by the Town Engineer is provided; ed to meet the limitatieR 1tom. .40 ., a system for-the FeehaFge that will not result in the degradation of groundwater quality. Reshargeplans shall semply 263 J. Underground storage tanks containing liquid propane products for normal household use, that are installed and used In accordance with all applicable local, state and federal laws and regulations; K. Storage of liquid hazardous materials or liquid petroleum products, if such storage is either. (1) In a container or tank within a building and situated upon or above an impervious surface with all sides accessible and visible; or (2) Outdoors In covered a container or above - ground tank in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all such containers or tanks, or 110% of the storage capacity of the largest of such containers or tanks, whichever is greater; provided, however, that these storage requirements shall not apply to the replacement of existing containers or tanks or systems for the keeping, dispensing or storing of gasoline if the replacement Is performed in a manner consistent with state and local requirements. 10.3.36.2 Prohibited Uses The following uses are prohibited: 4^�T A. Landfills and open dumps. as defined in 310 GIVIR 10.006i 10.3.6. -2.2 S. Automehiie graveyards and junkyards., as defined iA MassaGhuseft ; 48:3:6:2:3 C. Landfills receiving only wastewater residuals and /or septage Fee-duals including those approved by the Department of Environmental Protection pursuant to Sections 26 through 53 of Chapter 21, ; MassaGhuseft GeReFal Law r.. 114, Section 17 of Chapter 111; or Section ; MassaGhuselts GeRSFal Law e. 83-, Sestlen 6 and 7 of Chapter 83 of the Massachusetts General Laws, and regulations promulgated thereunder; 4 .4 D. (Facilities that generate, treat, store, or dispose of hazardous waste that are subject to Chapter . 21C of the Massachusetts General Laws and 310 CMR 30.00, except for the Wk wlaq: 10.3.6.2.4.4 1. Very small quantity generators as defined under 310 CMR 30.000; 49.3 2. Household hazardous waste centers and events under 310 CMR 30.390; 264 403 -6-2.4:3 3. Waste oil retention facilities required by , Section 52A of Chapter 21 of the Massachusetts General Laws, and; 48.3.6.2.4.4 4. Water remediation treatment works approved by MassDEP for the treatment of contaminated graara.4 -- suf€ase waters; 10.3.6.2.4.6 E. Petroleum, fuel oils, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983; 19.3.6.2.44 G. Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; 40.3iv- 6vv H. Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate; 40.3.6:4- 9-- -1. Storage of animal manure unless sevefed -er contained In- asseFdaPc* within a structure designed to prevent the generation and escape of contaminated runoff or leachate. J. Storage of commercial fertilizer , , unless such storage is within a structure desiigflated designed to prevent the generation and escape of contaminated runoff or leachate; K. Stockpiling and disposal of snow and ice containing deicing chemicals if-brought in from outside the district; '^.'.A.'.".'^ L. Earth removal, except for excavations for building foundations, roads utility works or wetlands restoration work conducted in accordance with a valid Order of Conditions issued pursuant to Section 40 of Chapter 131 of the Massachusetts General Laws; SON, r r r 265 M. Treatment or disposal works subject to 314 CMR 5.00, for non - sanitary wastewater, including those activities listed under 310 CMR 15.004(6), except for: b1. Treatment works approved by MassDEPthe— Depart --ef designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and s 2. Publicly owned treatment works. bFGU@ht -side the [MOVED TO K ABOVE] ;[MOVED TO J ABOVE] 4 ^.2.- 2.4.44 N. Underground storage tanks containing Texis -and Hazardous Materials except as permitted by Section 10.3.3.1.) or Section 10.3.3.1.K. • 10.3.48 Administration Rules and Regulations Section 10.3 of the Zoning Bylaw This by! shall be administered by the Community Planning and Development Commission, which shall also have the authority to adopt rules and regulations to implement its provisions gayeffliRg the design of infi"ien 266......... FAMSAW by the WRited States Geelegisal ,led- utility- weF9�s; M. Treatment or disposal works subject to 314 CMR 5.00, for non - sanitary wastewater, including those activities listed under 310 CMR 15.004(6), except for: b1. Treatment works approved by MassDEPthe— Depart --ef designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and s 2. Publicly owned treatment works. bFGU@ht -side the [MOVED TO K ABOVE] ;[MOVED TO J ABOVE] 4 ^.2.- 2.4.44 N. Underground storage tanks containing Texis -and Hazardous Materials except as permitted by Section 10.3.3.1.) or Section 10.3.3.1.K. • 10.3.48 Administration Rules and Regulations Section 10.3 of the Zoning Bylaw This by! shall be administered by the Community Planning and Development Commission, which shall also have the authority to adopt rules and regulations to implement its provisions gayeffliRg the design of infi"ien 266......... 1 - . or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 18 To see if the Town will vote to amend the Zoning Bylaw to provide for associate members on the Community Planning and Development Commission and Zoning Board of Appeals by: (a) Adding a new Section 4.3.3 as follows: 4.3.3 The CPDC may have one (1) Associate Member appointed by the Board of Selectmen for a two (2) year term. Except as otherwise provided by law, if any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate, the chair of the CPDC may designate an Associate Member to deliberate and vote on any matter before the CPDC. An Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. (b) Adding a new Section 4.5.3 as follows: 4.5.3 The Zoning Board of Appeals shall have two (2) Associate Members appointed by the Board of Selectmen for three (3) year terms. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular matter that comes before the Zoning Board of Appeals, the chair of the Zoning Board of Appeals may designate one or more Associate Members to deliberate and vote on any matter before the Zoning Board of Appeals. 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 Zoning Board of Appeals; 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. Community Planning and Development Commission 267 ARTICLE 11 To see if the Town will vote to amend Section 3.3.1.4 Removal for Absence as follows (Bold represents language to be inserted and crossed -out language is to be deleted): 3.3.1.4 Removal for Absence If any member of any board, committee or commission is absent from three (3) or more successive meetings of the board, committee or commission, the other members of said board, committee or commission may by an affirmative vote of its majority request the appointing authority to remove such absenting member from his membership-,amd -the appointing autheFity Fn-" th'" .- suGh meFAb9F and shall Retify him by mail e such -+emeyal in accordance with the provisions of Section 8.12 of the Reading Home Rule Charter. or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote, pursuant to Section 5.2 of the General Bylaws, to approve and authorize the Board of Selectmen to settle litigation arising out of the Sutton Brook Disposal Area Superfund Site, involving payment of a sum of more than fifty thousand dollars ($50,000.00), and to raise and appropriate, borrow, transfer from available funds, or otherwise provide a sum of one hundred twenty five thousand dollars ($125,000.00) for the purpose of such settlement; or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to appropriate, by borrowing a sum of one million two hundred thousand dollars ($1,200,000.00), to transfer from the Sale of Real Estate Fund seven hundred thousand dollars ($700,000.00), and to transfer from the Cemetery Sale of Lots Fund one hundred thousand dollars ($100,000.00) for a total of two million dollars ($2 million) for the purpose of constructing a Cemetery garage and related facilities, including site preparation, construction, architectural, engineering and construction services, inspection and costs of financing, and for the purpose of equipping and furnishing said facilities and other costs incidental thereto; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to cant' out the purposes of this Article; or to take any other action with respect thereto. Board of Cemetery Trustees _.: ARTICLE 14 To see if the Town will vote to amend the General Bylaws by deleting Section 8.9.1 in its entirety and inserting, in place thereof, the following: 8.9.1 Firearms 8.9.1.1. Definitions As used in Section 8.9.1, the following terns shall have the following definitions: • "Firearm" shall mean a pistol, revolver, rifle, shotgun or other weapon of any description, from which a bullet or shot can be discharged using a propellant powder. 8.9.1.2. Discharges Prohibited Except as provided in Section 8.9.1.3, no person shall fire or discharge any Firearm of any kind: • On, over or onto of any street, highway, park or other public property; or • Within 1,000 feet from a dwelling or other building in use, or 300 feet from a public way; or • On, over or onto any private property except by the owner or legal occupant thereof, or a person carrying the written consent of such owner, which shall be valid for no more than one year from its issuance, and which shall be available for review upon the request of any law enforcement officer. 8.9.1.3. Authorized Discharges The prohibition set forth in Section 8.9.1.2 shall not apply to • The use of such weapons in the lawful defense of any person, family or property; or • Any law enforcement officer or member of the armed forces aging within the scope of lawfully authorized duties; or • The use of such weapons on any lawfully permitted target, trap or skeet range. or take any other action with respect thereto. 269 Board of Selectmen and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 9, 2015, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this '4*"" day of Xg!to 2015. Daniel Ensminger, Chairman John R. Halsey, Vice Chairman SELECTMEN OF READING Thomas H Freeman 4 Constable 270 Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Moderator for one year - Vote for One Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% 1 Other Barr Berman 1 Moderator for one year - Vote for One Candidate Pr 1 Pr 2 Pr 3 Pr 4 I Pr 5 Pr 6 I Pr 7 Pr 8 Total Blanks 84 32 58 80 53 54 65 63 489. Alan Foulds * 230 156 167 268 180 132 193 147 1,473 Ronald M D'Addario Camille W Anthon 1 1 Other Barr Berman 1 Total 314 188 225 348 233 187 258 210 1,963 * Elected Bryn Panee Burkhart Eric J Burkhart Board of Selectmen for three years - Vote for One Candidate Pr 1 Pr 2 1 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 103 47 73 116 86 65 98 83 U John) Arena * 210 137 151 230 141 121 157 124 1,070 760 Camille W Anthon 1 Barr Berman 1 1 William C Brown 1 1 Bryn Panee Burkhart Eric J Burkhart 1 2 225 348 233 187 258 2.0 1 2 Robert William Corwin 2 2 David A Craven 1 1 Mark L Dockser 1 1 Nancy A Dockter 1 1 Ben Tafoya 3 2 5 Marianne R Tompkins 1 1 David Traniello 1 1 1 3 Other 1 1 Total 314 188 225 348 233 187 258 1 210 1,963 * Elected Board of Selectmen for one year -Vote for One Candidate PE141 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 18 17 14 9 14 15 131 Barry C Berman * David Traniello 125 82 220 111 141 78 109 69 146 97 85 110 1,070 760 Eric J Burkhart 1 David M Ferris 1 1 Other Total 225 348 233 187 258 2.0 1,963 * Elected 271 Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Board Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% Board of Assessors for three years - Vote for One Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 296 168 212 336 214 177 249 202. 1,854 Andrew J Botticelli Jr 1 124 124 198 125 1 136 1 1 Richard P Conbo Jr 1 1 7 3 1 10 1 23 1 Stephen L Crook * Anthony D'Arezzo Keith J Driscoll 6 15 2 4 1 9 2 1 6 7 49 2 1 Francis Joseph Golden 1 1 1 2 Michael E Golden Kenn T Goodreau 2 376 450 696 1 374 516 1 2 1 Peter I Hechenbleikner 1 1 1 1 John E Means 1 1 1 1 Robert I Nordstrand 2 1 2 George F Ohlson Jr 1 1 3 1 1 1 5 1 Thomas J Ryan 3 2 6 2 Brian C Snell 376 1 696 466 374 516 420 3,926 1 Donald C Stroeble 1 1 Roy E Welsch 1 1 Christopher N White Other 8 1 9 12 7 3 1 1 39 Total 314 188 225 348 233 187 258 210 1 963 * Elected Board of Library Trustees for three yea rs - Vote for Two Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks Alice W Collins * 429 194 224 148 288 161 434 251 303 157 251 123 330 172 282 137 2,541 1 343 Douglas R Cowell John Walter Stempeck * 163 124 124 198 125 1 136 1 Andrew W Grimes * David R Hennessy 1 1 7 3 133 10 1 23 Leslie A Means Barr C Berman 1 1 1 Alison E Melton 1 1 Richard J Moore Total 1 376 450 696 466 374 516 1 Alissa Caren Oni man * Elected 1 1 Catherine T Robertson 1 1 Kar n A Storti 1 1 Sherri Lynn Vanden Akker Karin Elizabeth Whitelam 1 1 3 1 1 5 Other 3 3 6 Total 628 376 450 696 466 374 516 420 3,926 * Elected Municipal Light Board for three years - Vote for Two Candidate Pr 1 Pr 2 Pr 3 Pr 4 1 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 308 139 193 271 208 175 258 196 1,748 John Walter Stempeck * 163 124 124 198 125 103 136 113 1,086 David R Hennessy 157 113 133 226 133 96 122 111 1 091 Barr C Berman 1 1 Other - Total 628 376 450 696 466 374 516 420 3,926 * Elected MAP Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: School Committee for three years -Vote for Two Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% School Committee for three years -Vote for Two Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5. Pr 6 Pr 7 Pr 8 Total Blanks 253 130 182 260 164 153 216 169 1,527 Elaine L Webb * 188 127 138 205 144 112 147 125 1,186 Gary M Nihan * 182 119 129 230 158 109 152 126 1,205 Peter P Carcia 98 45 1 133 70 60 71 42 589 Other 5 122 1 1 7 Total 628 1 376 1 450 1 696 1 466 374 516 420 3,925 * Elected 164 School Committee for one year -Vote for One Candidate Pr 1 Pr 2 Pr 3 Pr 4 1 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 29 21 26 27 25 18, 34 35 215 Nancy A Docktor 106 64 32 51 42 45 67 57 464 Julianne Joyce * 81 58 97 137 96 64 86 76 695 Steven L Zessis 98 45 70 133 70 60 71 42 589 Other 174 122 Total 314 188 225 348 233 187 258 210 162 * Elected !2j 164 Precinct One - Town Meeting Members - Vote for Ei ht Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 1 028 591 1,028 John J Arena * 159 124 159 Roy A Benjamin Jr * 170 126 170 Roger J D'Entremont * 175 126 175 Mark L Dockser * 174 122 174 Sheila M Mulro * 162 127 162 Paula J Perry * 164 121 164 Thomas J Ryan * 140 128 1 140 Carol Anne He ner 117 34 117 Marc L Moll 98 1 98 Anthony N Torra * 122 1 122 Other 3 3 3 Total 2,5 1,504 1 2,512 * Elected Precinct Two - Town M eting Members - Vote for Eight Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 591 591 Stephen L Crook * 124 124 Anthony D'Arezzo * 126 126 Thomas B O'Rourke * 126 126 Charles Beaure and * 122 122 Maureen S Hilliard * 127 127 Robert W Hilliard * 121 121 Walter F Marshall I1I * 128 1 128 Eric J Burkhart * 34 34 Mark C Liteplo 1 1 Mark Salvatore Ventura 1 1 Other 3 3 Total 1,504 1,504 * Elected 273 Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Precinct Three - Town Meeting Members - Vote for Eight Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% Precinct Three - Town Meeting Members - Vote for Eight Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 1,420 1,420 Nancy J Twomey * 160 160 Sandra M Kosta * 133 133 Michael J Barry Kathleen P Buckner 3 1 3 1 Francis P Driscoll ** 1 4 1 4 Kathleen M Drummey 1 1 Nancy M Graham * 6 I 1 6 Linda A Hank ** 4 4 Rachel D Hitch * 7 7 Mark A Hoffman 2 2 Julianne Joyce * 21 21 Marianne McLaughlin-Downing * ** Tie Breaker to be determined by Precinct at Annual Town Meeting 14 1 14 Gary D Morrow 1 1 Bente Jones Starble 1 1 Mary Jayne Suchy 1 1 Thomas F Wise * 14 14 Other 7 7 Total 1,800 1,800 * Elected ** Tie Breaker to be determined by Precinct at Annual Town Meeting Precinct Three - Town Meeting Members - Vote for One Candidate Pr 1 Pr 2 I Pr 3 Pr 4 Pr 5 Pr 6 I Pr 7 Pr 8 Total Blanks 206 206 Jacqueline D Carson ** 1 1 Francis P Driscoll ** 1 1 Nancy M Graham 1 1 Julianne Joyce 8 8 Gary D Morrow ** 1 1 Richard M Nohl I 1 I 1 1 Frank Rizza Jr ** 1 1 Thomas F Wise 2 2 Other 3 3 Total 225 225 * Elected ** Tie Breaker to be determined by Precinct at Annual Town Meeting 274 Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Precinct Four - Town Meetin Members - Vote for Ei ht Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% Precinct Four - Town Meetin Members - Vote for Ei ht Candidate Pr 1 Pr 2 I Pr 3 Pr 4 1 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 1,739 785 1,739 Russell T Graham * 242 150 242 Ben Tafo a * 230 148 230 Meghan A Young 221 160 221 Alison S Ullman * 218 153 218 Malcolm F Coles 1 149 1 1 Robert William Corwin 1 1 1 148 1 Eric J Gaffen * 27 139 27 Tracey L Mara * 11 2 11 Timothy J O'Neill 2 4 2 Jeffrey D Perkins 2 1 2 Marianne Perkins 1 17 1 Everett J Roscoe Jr 3 1 3 Rebecca B Schromm I 1 1 1 Mary Ellen Killion - Stolecki 1 1 1 Marianne R Tompkins * 44 1 44 Demetra Tseckares * 29 4 29 Marsie K West 5 1 864 5 Other 6 6 Total 2,784 2,784 * Elected Precinct Five - Town Meeting Members - Vote for Eight Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 785 785 Jonathan E Barnes * 150 150 Janice M Jones * 148 148 Gary M Nihan * 160 160 Patrick P O'Sullivan * 153 153 Philip B Pacino * 149 1 149 Sarah McLaughlin * 148 148 Richard W Robbins * 139 139 Charles L Adams 2 2 Richard P Conboy Jr 4 4 Christine Maggio 1 1 _M Eileen A Manning 17 17 Lynne A Peledge 1 1 Justin M Scott 1 1 Jeanne B Thomases 1 1 Cassandra Helen Wolfe 1 1 Other 4 4 Total 1 864 1,864 * Elected 275 Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% Precinct Six - Town Meeting Members - Vote for Eight Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 997 933 997 Jeanne M Borawski * 125 145 125 Ronald M D'Addario * 114 148 114 Drucilla Wood-Beckwith * 118 156 118 Eric Paul Fournier * 118 153 118 William E Ahlert ** 1 140 1 James E Bonazoli * 2 136 2 Marianna S Corrente ** 1 113 1 1 Mar elfin Costello ** 1 137 1 Haegan Forrest ** 1 3 1 Allen H Lawrence ** 1 1 Fred McGrane ** 1 2,064 1 Grace L McGrane ** 1 1 Gregory R Stepler Christopher J Sweeney 1 1 Other 3 3 Total 1,496 1,496 * Elected ** Tie Breaker to be determined by Precinct at Annual Town Meeting Precinct Seven - Town eeting Members - Vote for Eight Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 933 933 John E Carpenter * 145 145 John Jack K Downing 148 148 Daniel A Ensmin er * 156 156 John C Se alla * 153 153 Heather A Clish * 140 140 Jennifer C Hillery * 136 136 Linda M Phillips * 113 1 113 Jonathan B Scully 137 137 Joanne E Manville 3 3 Other - Total 2,064 2,064 * Elected Precinct Seven - Town Meeting Members - Vote for One Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks 244 244 Heather A Clish 1 1 Margaret D Cowell 1 1 Joanne E Manville * 6 6 John E Means 1 1 Tina M Ohlson 1 1 Phillip M Werth 1 1 Other 3 3 Total 258 258 * Elected 276 Local Election April 7, 2015 official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Precinct Eight - Town Meeting Members - Vote for Eight Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% Precinct Eight - Town Meeting Members - Vote for Eight Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Blanks Blanks 754 754 Matthew A Annunziata * Ian Charles Brown ** 92 92 William C Brown * Manfredo N Litterio 106 106 KendraJG Cooper* Joseph A Ricardo 98 98 Karen Gately Herrick * Thomas G Skenderian ** 109 109 Eileen Shine Litterio * Frederick Van Magness 111 111 George B Perry II * Other 89 89 Kenneth R Tucci * Total 105 105 Thomas G Skenderian * Elected ** Tie Breaker to be determined by Precinct at Annual Town Meeting 84 84 David Traniello * 132 132 Other - Total 1,680 1,680 * Elected Precinct Eight - Town Meeting Members - Vote for One Candidate Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 1 Total Blanks 201 201 Ian Charles Brown ** 2 2 Manfredo N Litterio 1 1 Joseph A Ricardo 1 1 Thomas G Skenderian ** 2 2 Frederick Van Magness 1 1 Other 2 2 Total 210 210 * Elected ** Tie Breaker to be determined by Precinct at Annual Town Meeting 277 Local Election April 7, 2 015 Official Results Pursuant to the Warrant and the Constable's Return thereon, a State Election was held for all eight precincts at the Hawkes Field House, Oakland Road. The Declaration of Polls being according to the Warrant by the Town Clerk, Laura A Gemme. The ballot boxes were examined by the respective Wardens and Police Officer on duty and each found to be empty and registered 000. The Town Clerk declared the polls open at 7:00 AM and closed at 8:00 PM, with the following results: 17,350 Registered Voters 1,963 Total Ballots 11.3% of registered voters cast as follows: Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Total Voters per Precinct 2,477 2,220 2,253 2,141 2,127 1,675 2,261 2,196 17,350 Total Ballots per Precinct 314 188 225 348 233 187 258 210 1,963 Precentage per Precinct 12.7% 8.5% 10.0% 16.3% 11.0% 11.2% 11.4% 9.6% 11.3% Question 1: Charter Shall this Town approve the Charter Amendment proposed by the Town Meeting, as summarized below? The proposed Charter Amendment retains the representative town meeting form of government. Proposed changes include updates to conform more closely to existing state law; to reflect current municipal practice; and to simplify, clarify and modernize language. The proposed Amendment also includes several technical corrections. Major changes include: • Finance Committee term limits would be amended to exclude any partial terms served by a Committee member that are less than two years. • The Board of Assessors would be changed from an elected board to an appointed board. The number and term of members would remain the same, but the Board of Selectmen would be responsible for appointing the Board of Assessors. • The Town Manager would be responsible for appointing the Town Appraiser, subject to confirmation by the Board of Assessors. • A new Charter Review Committee would be created and charged with reviewing the Charter every 10 years. • The power to create new boards or committees for specific purposes would be extended to all elected boards and committees. Currently, only the Board of Selectmen has this authority. • A new section would be added to authorize associate membership on appointed boards and committees. • Town Counsel appointment would be changed from annually to "at will." • Budget deadlines for the Town. Manager and School Committee would be amended to reflect current practice. • Procedures would be included to clarify the removal process of members of appointed boards and committees. Because certain types of Charter changes are beyond the power of Town Meeting and the local voters, implementation of the Town Meeting's proposals requires two separate processes. Those sections that may be sent to the local voters by Town Meeting are included in this Question. Those sections that are beyond the power of Town Meeting to recommend to the voters are being sent to the State Legislature in a request for a Special Act and are not included in this Question. Question 1: Charter Pr 1 Pr 2 Pr 3 Pr 4 Pr 5 Pr 6 Pr 7 Pr 8 Total Yes * 213 125 .166 258 179 135 167 144 1,387 No 75 51 41 47 47 44 54 51 410 Blanks 26 12 18 43 7 8 37 15 166 Total 314 188 225 348 233 187 258 210 1,963 A true copy. Attest: 0 ►� -t.� Laura A Gemme Town Clerk 278 SPECIAL TOWN MEETING R 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 1 I Page _ _ 279 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: $510000 $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: 4151,400 - $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 21 Page _ - 280 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: 1 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 D@scri Lion Decrease Increase C99 - Capital Administrative Services /Technology - $51,000 Centralized controller for phones to allow the DPW garage to be added to a larger town -wide phone project $15,000 Public Safety /Police - additional speed alert electronic sign $15,000 Library - microfilm reader $11,000 Administrative Services /Technology - Police station video surveillance system repairs and upgrade $10,000 G91 - 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 281 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 J91 - 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: Y 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 6.9.1 FIREARMS No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind on or within the limits of any street, highway, park or other public property except with the written permission of the Board of Selectmen or its designee, or on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen or its designee; provided, however, that this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, neF to the rights and privileges of an ewner eF lessee of 'and as set feFth in MGL Ghapter 131 relative to hunting-and spw-Fting. 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 2re dents 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 283 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January S, 2 015 fl!'UM77MG AREAS CAN PRIVATE LANDS more than 500' from dwelling & 150! from road NORM a,�rrE IN READING GL is j 1 VYSOE7 1 j ell �#tooE� Y a bz e v f � "� a aS'�' �4 � �? 'L fin' - a `' , i k �� • xr" r € € RETEir .' CE1W1EiEEiY e' ''` SOti ri`Ed4�tdi' GAe$AG� �s x+ � . 'rPLd:CE� x, � riA��S SCEiCMB�. �#�i "� Si@tOCPi �3EPffii 'IlfFFIE Legend Nb Hunting Area � �" .. F s ICtPAE i dOSFBUrt`* GARACE ,` Ptivate ,Land outside s. �� No Hcsttivag Aga r � map tri 70M cc Remng a IX Daw.lar13UfA ENO= ' < Mate {ands gum haste at least an axe ors odetde aithe rw hudMg ama. 61 Page _ 284 __ SPECIAL T®WN 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 Question 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 to hunting and speFting. 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 7 Wage 285 SPECIAL TOWN MEETING Reacting Memorial High School Preforming Arts Center Meeting adjourned at 10:38 PM with 152 Town Meeting Members in attendance. A true copy Attest: A OA� Laura A Gemme Town Clerk 8 1 P a g e _ 286 January 5, 2015 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2 015 The meeting was called to order by the Moderator, Alan E Foulds, at 7:41 PM, there being a quorum present. Motion made by John Arena, Board of Selectmen to dispense of the reading of all motions in their entirety. Motion Carried ARTICLE 6: Motion made by Jeff Struble, Bylaw Committee that the Town vote to amend the General Bylaws by adding a new section 3.3.6 thereto as follows: 3.3.6 Permanent Building _Commit tee There shall be a Permanent Building Committee ( "PBC ") consisting of five (5) Permanent Members and, except as otherwise provided herein, up to two (2) Associate Members for each project that the PBC undertakes. Permanent and Associate Members of the PBC shall be appointed by an Appointment Committee consisting of the Chair of the Board of Selectmen, the Chair of the School Committee and the Town Moderator. Permanent Members shall be volunteers having practical experience and skills in professions that concentrate on the design, construction, management and financing of commercial / institutional buildings such as architects: civil engineers; structural engineers; mechanical, electrical and plumbing (MEP) engineers, building contractors, project managers, property managers, attorneys and building tradespersons. The terms shall be so arranged that as nearly an equal number of terms as possible shall expire each year. Associate Members may be appointed for each individual project that the PBC undertakes. Associate Members shall have the same participation and voting rights as Permanent Members on matters affecting the particular project for which they were appointed. Associate Members shall be registered voters of the Town, selected by the Board or Committee that proposes a particular building or renovation project (the "Sponsoring Agency ") and shall serve only for the time during which the PBC is exercising its functions with respect to such project. In the event that a particular project is subject to participant requirements of a state funding authority, the Appointment Committee may appoint additional Associate Members to the PBC for that particular project; provided, however, that, in no event, shall the aggregate number of Permanent and Associate Members for a particular project exceed nine (9). Quorum requirements for the PBC shall be the majority of the Permanent and Associate Members for a particular project. The PBC shall be responsible for the oversight and management of all major municipal and school building design studies and construction projects having expected aggregate costs exceeding two million dollars ($2,000,000). The PBC's jurisdiction shall not extend to projects of the Reading Municipal Light Department. The PBC shall present all such projects to the Finance Committee for consideration of funding options and shall sponsor and present all such projects to Town Meeting for its consideration and approval of funding. The PBC shall work with the School Committee, the Board of Selectmen and any other Sponsoring Agency. The Sponsoring Agency shall notify the PBC of its intention to undertake any such projects within seven (7) calendar days of a positive vote or general affirmation to do so. 11Page 287 SPECIAL TOWN MEETING Reading Memorial High School January 6, 2015 Preforming Arts Center The PBC shall work with the Director of Facilities to compile an inventory of the physical condition and anticipated repairs and renovations of all existing municipal buildings and will summarize its findings in an annual report to Town Meeting. or take any other action with respect thereto. Background: At the Special Town Meeting in February 2014. An instructional motion by the then Chair of the Finance Committee was suggested and then approved. The motion instructed the Bylaw Committee to draft a new general bylaw that would establish a permanent building committee (PBC), to have jurisdiction over all Town, School and Library building projects. The Bylaw Committee researched permanent building committees in other towns and then composed a draft bylaw that was deemed suitable for Reading and held several meetings to refine several drafts of this bylaw to accomplish this purpose. State requirements for participation in the Massachusetts School Building Authority (MSBA) grant program were also researched. Of particular interest was the dollar threshold amount that would trigger the PBC's oversight of projects. The amount listed was chosen to avoid involvement in routine maintenance projects for existing buildings that have heretofore been adequately managed by the Facilities department. The Bylaw Committee invited review and comment from the Town, School and Library officials as this bylaw has evolved and their feedback has been duly considered in this version. Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 3 -0 -1 at their meeting on December 8, 2014. The vote to abstain reflected a desire to offer an amendment. on the floor of Town Meeting. Meeting of December 22, 2015 it was voted 5 -0 -0 in support of amendment presented by Jeff Struble, Bylaw Committee. Finance Committee Report - given by Mark Dockser: The Finance Committee recommends this Article by a vote of 8 -0 -0 at their meeting on December 8, 2014. 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: • Jeff Struble - See Attached Motion made by Jeff Struble, Bylaw Committee as follows: Associate Members may be appointed for each individual project that the PBC undertakes. Associate Members shall have the same participation and voting rights as Permanent Members on matters affecting the particular project for which they were appointed. Associate Members shall be registered voters of the Town, selected by the Board or Committee that proposes a particular building or renovation project (the. "Sponsoring Agency ") and shall serve only for the time during which the PBC is exercising its functions with respect to such project. In the event that a particular project is subject to participant requirements of a state funding authority, the Appointment Committee may appoint additional Amite P4- members to the PBC for that particular project; provided, however, that, in no event, shall the aggregate number of Permanent and Associate Members with full voting rights for a particular project exceed nine (9). Quorum requirements for the PBC shall be the majority of the Permanent and Associate Members for a particular project. Motion Carried Motion made by Bill Brown, Precinct 8 to replace the words Associate Members with Temporary Members 21 Page 288 SPECIAL ToWN MEETING Reading Memorial High School January 6, 2015 Preforming Arts Center Motion Carried Motion made by Bill Brown, Precinct 8 to add " /or" as follows: Permanent Members shall be volunteers having practical experience and skills in professions that concentrate on the design, construction, management and /or financing of commercial / institutional buildings such as architects: civil engineers; structural engineers; mechanical, electrical and plumbing (MEP) engineers, building contractors, project managers, property managers, attorneys and building tradespersons. The terms shall be so arranged that as nearly an equal number of terms as possible shall expire each year. Motion made by Bill Brown, Precinct 8 to change seven (7) calendar days to eight (8) calendar days: The PBC shall work with the School Committee, the Board of Selectmen and any other Sponsoring Agency. The Sponsoring Agency shall notify the PBC of its intention to undertake any such projects within seven {--7-} eight (8) calendar days of a positive vote or general affirmation to do so. Motion Carried Motion made by Glen Hartzler, Precinct 4 move to amend the proposed Section 3.3.6 of the Reading General Bylaw by striking the characters "(PBC)" in the first paragraph thereof and by replacing all occurrences therein of the letters "PBC' with the words "Permanent Building Committee" and to further amend said proposed Section by striking the characters "(MEP)" in second paragraph thereof. Motion Carried Motion Carried as Amended Overview for Articles 7 and 8 — Reading Home Rule Charter The next two Articles reflect the work of the Charter Review Committee (CRC), a group formed by the Town Moderator as a body of Town Meeting. The CRC consists of all Town Meeting members that. expressed interest in helping to conduct a thorough review of the Reading Home Rule Charter. The CRC has met for over one year, held many public meetings and two well- advertised Public Hearings. They received and considered input from a wide range of the community, including residents, volunteers and staff. Some of the CRC members were part of the original effort to create the Charter, others were on the last Charter revision about a decade ago, and some were new to this process. Here is a list of the CRC members, along with a list of their Precincts: Alan Foulds (Town Moderator, non - voting member and Chair of the Charter Review Committee); William Brown (8); John Carpenter (7); Richard Coco (4); Stephen Crook (2); Glen Hartzler (4); Janice Jones (5); Philip Pacino (5); Philip Rushworth (5); Margaret Russell (3); John Segalla (7); Jeffrey Struble (7); Paul Sylvester (3); and Carolyn Whiting (7). The process to change the Charter is a bit complex, and has two distinct parts: Sections of the Charter that may be acted on by Town Meeting, and if approved (as amended) then sent to the local voters for approval; and Sections of the Charter that may be acted on by Town Meeting, and if approved (as amended) then must be sent to the state legislature with a request for a Special Act. 3 l Page 289 SPECIAL. TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 These two distinct parts of the process are why we have two different Articles in front of Town Meeting. Article 7 contains the complete language that is proposed by the CRC to be the new Reading Home Rule Charter. This gives Town Meeting members a look at the entire proposed Charter all in one place. Article 8 repeats certain portions of this proposed language. The motion under Article 7 will address only the portions of the Charter that may be approved by the voters. The motion under Article 8 will address the portions of the Charter that must be sent to the legislature. The proposed Charter language will be examined from start to finish in order of Charter Article, in much the same way the budget and recent zoning changes were. When the Town Meeting debate is finally concluded and the language as amended is ready for the vote, first the motion under Article 7 will be made, and if approved then the motion for Article 8 will be made. Note that in the proposed Charter language in Article 7, the following note appears in order to alert Town Meeting members which portions of the Charter must be sent to the legislature as part of a Special Act: Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. A Reading Home Rule Charter Translation Guide has been provided to Town Meeting members as a separate handout. This Guide has two parts: An overview section that explains the types of changes proposed, and the reasons for them - ranging from language clarification to real substantial change; and A best - efforts bold and cross -out version showing the old and proposed new language. Anyone that has used MS Word's track - changes and had several different people involved in editing documents will appreciate the fact that these bold and cross -outs are all done manually instead. As a result there will very likely be some discrepancies in punctuation, formatting, spelling and some small wording differences in this bold and cross -out section when compared to the language in Articles 7 and 8 in this Warrant Report. The handout is not a legal document, it is simply meant to assist Town Meeting members in understanding the differences between the current Charter and the one proposed by the CRC. In a world of fancy GPS, consider this handout to be a well -worn and trusty paper map. Imperfect in some ways, but it will reliably get you to your destination, even when the modern technology fails. ARTICLE 7: Motion made by Philip Pacino, Charter Review Committee to see if the Town will vote to amend the Reading Home Rule Charter as shown herein, subject to approval by the voters at a local election: Preamble We, the people of The Town of Reading, in order to re- establish our individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent in the Home Rule Amendment to the Constitution of the Commonwealth of Massachusetts, do hereby adopt the following Home Rule Charter for the Town of Reading. 41Page 290 SPECIAL T®WN MEETING Reading Memorial High School January 6, 2 015 Preforming Arts Center ARTICLE 1 EXISTENCE, AUTHORITY AND DEFINITIONS 1.1 Incorporation The inhabitants of the Town of Reading, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "Town of Reading." 1.2 Division of Powers Authority for the management of all the fiscal, prudential and municipal affairs of the Town shall be vested in an executive branch headed by a Board of Selectmen and administered by a Town Manager. A representative Town Meeting shall exercise all legislative powers of the Town. 1.3 Powers of the Town - Intent of the Voters It is the intent and the purpose of the voters of the Town of Reading, through the adoption of the Charter, to secure for the Town all of the powers possible to secure under the Constitution and statutes of the Commonwealth of Massachusetts, as fully and as completely as though each such power were specifically and individually enumerated herein. 1.41 Interpretation of Powers The powers of the Town under the Charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as set forth in Section 1.3. 1.5. Intergovernmental Relations The Town, acting by and through its Board of Selectmen, may enter into agreements with any other unit of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions. 1.6 Definitions Unless another meaning is clearly apparent from the manner in which the term is used, the following terms used in the Charter shall have the following meanings: Board or Committee - The term "board or committee" shall mean any board, committee, commission, authority or council of the Town, however created, elected, appointed or otherwise constituted. Charter - The term "Charter" shall mean the Town of Reading Home Rule Charter. Ex officio - The term "ex officio" shall refer to a member of any board or committee who serves by virtue of his office or position. A person serving as an ex officio member on more than one board or committee shall not be required to take an additional oath of office to serve in such capacity. Library - The term "Library" shall mean the Reading Public Library and any branch or branches thereof that may be established. Local News Medium - The term "local news medium" shall mean a newspaper or other means or channel of information communication to which the general public has access within the Town. Majority Vote - As applied to the Town Meeting, Committees thereof and precinct meetings, the term "majority vote" shall mean the affirmative vote of a majority of those present and voting provided that a quorum of the body is present. As applied to all other boards or committees, the term shall mean the affirmative vote of a majority of the number of members specified in the Charter, Town Bylaw or other enabling vote or action creating such board or committee. 51 Page 291 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 Precinct - The term "precinct" shall mean the areas into which the Town is divided for the purpose of electing Town Meeting Members. Town - The term "Town" shall mean the Town of Reading. Town Agency - The term "Town Agency" shall mean any board or committee, department or office of the Town, however created, elected, appointed or otherwise constituted. Town Meeting - The term "Town Meeting" shall mean the representative Town Meeting of the Town, established by Article 2. Town Officer - The term "Town Officer" shall mean an elected or appointed official of the Town who, in the performance of his duties of office, exercises some portion of the sovereign power of the Town, whether great or small; provided, however, that the term shall not include a Town Meeting Member; and provided further that a person may be a Town Officer whether or not he receives any compensation for his services. Voters - The term "Voters" shall mean the registered voters of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] ARTICLE 2 REPRESENTATIVE TOWN MEETING 2.1 Composition Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety - two (192) members from eight (8) precincts who shall be elected by the voters in each precinct. Each precinct shall be equally represented in Town Meetings by members elected so that the term of office of one -third of the members shall expire each year. 2.2 Revision of Precincts Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. When required by law or every ten (10) years, the Board of Selectmen shall review and, if necessary, re- divide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be contiguous and as compact as possible. The territory of each precinct shall be defined, where reasonably possible, by the centerline of known streets or other well- defined limits. Within ten (10) days of completing its review, the Board of Selectmen shall file a report with the Town Clerk and the Board of Registrars of Voters, showing any revisions to the precincts that are being made pursuant to this section. If revisions are being made, the report shall include a map showing the boundaries of each precinct and a list of its inhabitants' names and addresses. The Board of Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. 6 I Pa g e _ _ 292 SPECIAL TOWN MEETING r: , :�i • , :!'.. .•� ' �: is a�. ' +'• —' ,01.E i January 6, 2015 Any such precinct revision shall be effective on the date it is filed with the Town Clerk. The Town Clerk shall forthwith notify the Secretary of State of the revision in writing. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.3 Town Meeting Membership Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. At the first Town wide election after any precincts are revised, the voters of each precinct shall elect twenty -four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. Upon the certification of such election, the term of office of all previously elected Town Meeting members shall cease. At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct for a term of three (3) years, and shall also elect Town Meeting Members to fill any vacant unexpired terms. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election in writing. In the event of a tie vote, resulting in a failure to elect the full number of Town Meeting Members in any precinct, the vacancy created thereby shall be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be filled at the next Annual Town Election. In the event of such a vacancy, the Town Clerk shall give written notice of the tie vote and the vacancy created thereby, to the remaining Town Meeting Members of that precinct and shall publish such notice in the local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of filling the vacancy. [Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 20021 [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.4 Town Meeting Sessions All representative Town Meeting sessions shall be limited to the Town Meeting Members elected pursuant to Section 2.3, together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting Members of the time and place at which representative Town Meeting sessions are to be held, the notices to be sent at least seven (7) days (see Sec.8.5) before the meeting. The Town Meeting Members shall be the judges of the election and qualification of their members. A majority of the Town Meeting Members shall constitute a quorum for doing business. However, a smaller number may organize temporarily and may adjourn from time to time, but no Town Meeting shall adjourn over the date of an election of Town Meeting Members. All Town Meeting sessions shall be public. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.5 Nomination Procedures Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. 7 1 Page 2.93 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 Nomination of candidates for Town Meeting Member shall be made by nomination papers bearing no political designation and signed by not fewer than ten (10) voters from the candidate's precinct. Nomination papers shall be obtained in person and signed by the candidate in the presence of the Town Clerk or designee. Completed nomination papers shall be filed with the Town Clerk at least thirty -five days (35) days before the election. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.6 Vacancies Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. A Town Meeting Member may resign by filing a written notice with the Town Clerk. A Town Meeting Member who terminates residency in the Town shall cease to be a Town Meeting Member. A Town Meeting Member who moves his residence from the precinct from which he was elected to another precinct shall serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of the Town Meeting. The Board of Selectmen shall place an Article on the Annual Town Meeting Warrant to remove any such Town Meeting Member from office. At least seven (7) days prior to the Annual Town Meeting, the Town Clerk shall notify any such Town Meeting Member that he may be removed from office, provided, however, that such notice shall be deemed adequate if mailed postage prepaid to the Town Meeting Member's last known address. Any vacancy in a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be filled at the next Annual Town Election. In the event of a vacancy, the Town Clerk shall give written notice thereof to the remaining Town Meeting Members of the precinct and shall publish such notice in a local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of temporarily filling the vacancy. [Amended by Chapter 57 of the Acts of 2002] 2.7 Precinct Meetings The Town Meeting Members of each precinct shall meet at least annually and shall elect a Chair and a Clerk. A majority of the Town Meeting Members of the precinct serving at the time of the precinct meeting shall constitute a quorum thereof. A majority vote cast at a precinct meeting shall be sufficient to fill vacancies, elect a Chair or Clerk, or conduct other business. The Chair or Clerk shall certify any vote taken at a precinct meeting to the Town Clerk. [Amended November 15, 2004 Article 16 and approved by vote of the Town on April 5, 2005] 2.6 Compensation Town Meeting Members shall serve without compensation. 2.9 Presiding Officer 81Page 294 SPECIAL TOWN MEETING Pleading (Memorial High School Preforming Arts Center January 6, 2015 A Moderator, chosen in accordance with the provisions of Section 3.6, shall preside at all sessions of the Town Meeting. The Moderator shall regulate the proceedings of all Town Meeting sessions, decide all questions of order and make public declaration of all votes. He may also administer the oath of office to any Town Officer and to Town Meeting Members. In the absence of the Moderator, the Town Meeting shall elect a Moderator pro tempore. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.10 Clerk of the Town Meeting The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the Town Clerk may designate a substitute; otherwise, the Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all Town . Meetings to Town Meeting Members and to the public and keep the journal of Town Meeting proceedings. 2.11 Particigation by Non -Town Meeting Members Subject to conditions that may be determined from time to time by Town Meeting Members, any person who is not a Town Meeting Member may be allowed to speak at any Town Meeting but shall not vote. At the request of the Moderator or Town Meeting, any Town Officer or Department Head or his designee shall be present at any session of Town Meeting for the purpose of responding to questions of Town Meeting Members. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.12 Establishment of Standing Committees The Town Meeting may establish boards or committees to which may be referred Warrant Articles for study, review and report in advance of the sessions of the Town Meeting. All meetings of such boards or committees shall be conducted in accordance with the provisions of the Open Meeting Law, Massachusetts General Laws Chapter 30A, Sections 20 through 22, inclusive. In establishing such boards or committees, the Town Meeting shall provide for the appointment of members either by an appointment committee established for that purpose or by an existing board or committee. [Amended November 19, 2001 - Article 12] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.12.1 Finance Committee There shall be a Finance Committee consisting of nine (9) voters of the Town, appointed for three -year staggered terms so arranged that three (3) terms expire on June 30 each year. No Finance Committee Member shall serve for more than three (3) consecutive terms; provided, however, that an appointment to the Finance Committee to fill an unexpired term that has less than two (2) years remaining shall not be counted towards the three (3) consecutive terms. No Finance Committee Member shall be an. elected or appointed Town Officer or an employee of the Town. A Finance Committee Member may be an elected Town Meeting Member but shall serve on no other standing committee. Finance Committee members shall be appointed by majority vote of an Appointment Committee chaired by the Moderator and consisting of the Moderator, the Chairman of the Board of Selectmen, and the Chairman of the Finance Committee. The Appointment Committee shall fill any vacancy on the Finance Committee. 91 Page 295 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 The Finance Committee shall have all the powers and duties granted to Finance Committees by the laws of the Commonwealth of Massachusetts, Town Bylaw, any Town Meeting vote and other applicable laws. In addition to these powers, the Finance Committee shall have the power to investigate the books, accounts, records and management of any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance Committee shall submit a written report to the Town Meeting setting forth its findings, approvals or disapprovals on all Articles in the Warrant that involve the expenditure of funds. The Finance Committee shall take reasonable action to submit its report at least seven (7) days (see Sec.8.5) before Town Meeting; provided, however, that such report shall not preclude further action or reconsideration by the Finance Committee. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.12.2 Bylaw Committee There shall be a Bylaw Committee consisting of five (5) voters of the Town, appointed for three (3) year staggered terms expiring on June 30. Bylaw Committee members shall be appointed by majority vote of an Appointment Committee chaired by the Moderator and consisting of the Moderator, the Chair of the Board of Selectmen, and the Chair of the Bylaw Committee. The Appointment Committee shall fill any vacancy on the Bylaw Committee. The Bylaw Committee may propose and shall consider Town Meeting Warrant articles offering changes in the Charter, General Bylaws, petitions for special acts, or local acceptance of State Statutes that are subject to Town Meeting acceptance; and may consider Zoning Bylaw changes and shall submit a written report to the Town Meeting setting forth its findings on all such Articles in the Warrant. The Bylaw Committee shall take reasonable action to submit its report to the Town Meeting at least seven (7) days (see Sec.8.5) before Town Meeting; provided, however, that such report shall not preclude further action or reconsideration by the Bylaw Committee. Within one (1) year of any adopted change to the Charter, the Bylaw Committee shall propose any rPVicinnc to the C;Pneral Bvlaws that it deems to be necessary as a result of such change. The Bylaw Committee shall review the General Bylaws at least every ten (10) years and submit a written report to the Town Meeting setting forth any recommended changes. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.12.3 Rules Committee There shall be a Rules Committee, chaired by the Moderator who shall be a non - voting member, and consisting of the Precinct Chairs. The Rules Committee may, from time to time, review all aspects of the operation of Town Meeting and submit a written report to the Town Meeting setting forth its findings, recommendations and proposals for rules governing the conduct of Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2.13 Warrant Articles Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on a Warrant therefor issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants all subjects submitted by: (a) Any two (2) or more members of the Board of Selectmen; (b) Any board or committee; (c) Any ten (10) or more voters for the Annual, Subsequent or Special Town Meeting as defined in Section 2.14; or (d) Any other person or entity as may be authorized by Town Bylaw or otherwise. 10 IPage 296 SPECIAL TOWN MIEETING January 6, 2015 All subjects timely submitted to the Board of Selectmen pursuant to this section shall be placed on a Warrant for the next scheduled Annual, Subsequent or Special Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] All Articles submitted pursuant to Section 2.13(a) shall include the names of all of the Selectmen sponsoring such article. Sponsorship of Articles submitted pursuant to Section 2.13(b) shall be designated as: "The Board of Selectmen as a courtesy to (insert name of Board or Committee requesting the Article)." Promptly upon receipt by the Board of Selectmen of any subject for a Town Meeting Warrant Article, a copy of the Article shall be made available for inspection in the Office of the Town Clerk. 2.14 Meetings The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held during the first six (6) calendar months of the year at a time fixed by Town Bylaw, and shall be primarily concerned with the determination of matters that have a fiscal impact on the Town, including the adoption of an annual operating budget for all Town Agencies other than the Reading Municipal Light Department. A Subsequent Town Meeting shall be held during the last three (3) calendar months of the year at a time fixed by Town Bylaw. In addition to the two (2) meetings required by this section, the Board of Selectmen may call a Special Town Meeting into session at other times by the issuance of a Warrant therefor as it deems necessary or appropriate for the purpose of acting upon the legislative business of the Town in an orderly and expeditious manner. The Board of Selectmen shall call a Special Town Meeting upon the receipt of a petition with two hundred (200) or more signatures of voters, as certified by the Board of Registrars of Voters. 2.15 Referendum Procedures No final affirmative vote of a Town Meeting on any Warrant Article shall be effective until after the expiration of seven (7) days (see Sec.8.5) following the dissolution of the Town Meeting except: (a) Votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year; (b) Votes for the temporary borrowing of money in anticipation of revenue; or (c) A vote declared by a preamble, and adopted by a two - thirds (2/3) vote of the Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition Js not filed pursuant to Section 2.15.1 within the said seven (7) days (see Sec.8.5), the remaining votes of the Town Meeting shall then become effective. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2015.1 Referendum Petition - If, within said seven (7) days (see Sec.8.5), a referendum petition signed by not fewer than three percent (3 %) of the voters, as certified by the Board of Registrars of Voters, containing their names and addresses, is filed with the Board of Selectmen requesting that any of the remaining affirmative votes of the Town Meeting be submitted to the voters in the form of a ballot question, then the effectiveness of such Town Meeting vote shall be further suspended pending its determination as provided herein. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election, to be held within thirty (30) days or such longer period as may be required by law after issuing the call, for the purpose of presenting such ballot question to the voters; provided, however, that, if a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that such ballot question be presented to the voters at that Election. 11)Page 297 SPECIAL TOWN MEETING Reading Memorial High School Preforming arts Center January 6, 2015 2.15.2 Form of Referendum Petition /Ballot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: "Shall the Town vote to approve the action of the representative Town Meeting whereby it was voted on (insert date of Town Meeting) to (insert complete language of the vote in the same form in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting) "? The circulator(s) of the referendum petition may make multiple copies of the petition form, but such copies must be exact duplicates thereof, and the petition form may not be altered in any way. No extraneous markings, such as underlines, highlighting, erasures, marking out or insertion of words or other information, shall be allowed on any area of the petition form or any copy thereof. Any petition form or copy thereof containing such extraneous markings or alterations or that are not exact duplicates shall be invalid, and no signatures contained thereon shall be counted toward the required number. For the purpose of this prohibition, the term "extraneous markings" shall not include signatures, names or addresses. Each petition form shall include language informing voters that additional markings will disqualify the signatures on the petition form; that, for their signature to be counted, they must be a registered voter of the Town of Reading; that their signature shall be written in the same form as they are registered; that they should not sign the petition and any copy thereof more than once; and that, if they are prevented by physical disability from .writing, they may authorize some person to write their name and address in their presence. The back of each petition form, where signature lines appear, shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side." Upon request, the Town Clerk shall provide Town referendum petition /ballot question forms with the final article language voted at Town Meeting. In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. 2.15.3 Election - Any ballot question submitted in accordance with the procedure set forth herein shall be determined by majority vote thereon, but no action of the Town Meeting shall be reversed unless at least twenty percent (20 %) of the voters cast ballots on the ballot question. [Amended November 15, 2010 - Article 161 ARTICLE 3 ELECTED OFFICERS ARID BOARDS OR COMMITTEES 3.1 General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Library Trustees, Municipal Light Board of Commissioners, Moderator and such members of regional authorities or districts as may be established by statute, intergovernmental agreement executed pursuant to Section 1.5 or otherwise. Only a registered voter of the Town shall be eligible to hold any elective town office; provided, however, that no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Elected Town Officers shall serve without compensation unless otherwise specifically voted by Town Meeting. 121 Page _ 298 SPECIAL TOWN MEETING • ,r January 6, 2015 Elected Town Officers shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. 3.2 Board of Selectmen Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties granted to Boards of Selectmen by the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be provided by the Charter, by Town Bylaw, or by Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. The Board of Selectmen shall appoint a Town Manager, a Town Counsel, a Town Accountant, not more than five (5) Constables, and any other appointed board or committee member for whom no other method of selection is provided by the Charter or by Town Bylaw. The Board of Selectmen or its designee shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 3.3 School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The School Committee shall have all of the powers and duties granted to School Committees by the Constitution and General Laws of the Commonwealth of Massachusetts and such additional powers and duties as provided by the Charter, by Town Bylaw or by Town Meeting vote. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. The School Committee shall appoint a Superintendent of Schools and shall define his duties and terms of employment. 3.4 Board of Library Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have all of the powers and duties granted to Boards of Library Trustees by the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Town Bylaw or by Town Meeting vote. 131 Page 299 SPECIAL TOWN MEETING keading Memorial High School r o g Arts Center The Board of Library Trustees shall have control over the sel custody and management of the Library and of all propert y however, that the Town Manager or his designee shall have Library building and grounds. The Board of Library Trustees define his duties and terms of employment, subject to the compensation plans established by the Board of Selectmen. January 6, 2015 ection of Library materials, and shall have of the Town related thereto; provided, responsibility for the maintenance of the shall appoint a Library Director and shall personnel policies and classification and The Board of Library Trustees shall administer all money or property that the Town may receive on behalf of the Library by gift or bequest in accordance with the provisions of such gift or bequest. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 3.5 MuniciRal Light Board of Commissioners There shall be a Municipal Light Board of Commissioners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have all the powers and duties granted to cities and towns in respect to municipal lighting plants by Massachusetts General Laws Chapter 164, Section 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by the Charter, by Town Bylaw, or by Town Meeting vote. The Municipal Light Board of Commissioners shall hire the General Manager of the Municipal Light Department and set his duties and terms of employment. The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of the Municipal Light Department and appoint Counsel to the Municipal Light Department. The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager. The Municipal Light Board of Commissioners shall approve warrants for payments of all bills and payroll of the Municipal Light Department and shall approve all contracts which are at or above the competitive sealed bid procedures level as stated in Massachusetts General Laws Chapter 30B, Section 5 and, further, all contracts shall be made in accordance with Massachusetts General Laws Chapter 30B. Contracts for purchasing of power shall not be subject to Massachusetts General Laws Chapter 30B but shall be approved by the Municipal Light Board of Commissioners. The Municipal Light Board of Commissioners shall employ the Auditor appointed by the Town of Reading Audit Committee. The Municipal Light Board of Commissioners shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board of Commissioners. After the Municipal Light Board of Commissioners has approved an annual operating budget and Capital Improvements Program, it will present them to the Town of Reading Finance Committee and Town of Reading Town Meeting. Upon request of any of the other towns served by the Municipal Light Department, the Municipal Light Board of Commissioners shall make a presentation to the Finance Committee and /or Town Meeting of any such town(s). [Amended April 28, 2003 - Article 7] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 3.6 Moderator II 141 Page. 300 __ _. SPECIAL TOWN MEETIING Reading Memorial High School Preforming Arts Center There shall be a Moderator elected for a one (1) year term. January 6, 2015 The Moderator shall have all of the powers and duties granted to Moderators by the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as provided by the Charter, by Town Bylaw or by Town Meeting vote. The Moderator shall not simultaneously serve as an elected Town Meeting Member or in any other elected Town office. 4.1 Board of Assessors There shall be a Board of Assessors consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Assessors shall have all the powers and duties granted to Boards of Assessors by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The elected members of the Board of Assessors serving at the time that this section first becomes effective may continue to serve in office until their elected terms expire, unless reappointed for an additional term or terms pursuant to this section. [Amended November 30, 1989 - Article 36 and approved by vote of the Town on March 19, 1990] 4.2 Board of Cemetery Trustees There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by the Board of Selectmen for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Cemetery Trustees shall have all the powers and duties granted to Boards of Cemetery Trustees by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.3 Board of Commissioners of Trust Funds There shall be a Board of Commissioners of Trust Funds consisting of five (5) members. Three (3) shall be appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one of its members to serve as a full voting member ex officio, and the Town Treasurer shall serve as a full voting member ex officio. The Board of Commissioners of Trust Funds shall have such powers and duties as are granted to them by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.4 Board of Health There shall be a Board of Health consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Health shall have all of the powers and duties granted to Boards of Health by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 151 Page 301 SPECIAL TOWN MIEETING Reading Memorial High School Preforming Arts Center January 6, 2015 4.5 Community Planning and Development Commission There shall be a Community Planning and Development Commission consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The Community Planning and Development Commission shall have all of the powers and duties granted to Planning Boards, Boards of Survey and Industrial Development Commissions by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The Community Planning and Development Commission shall have the power to regulate the subdivision of land within the Town by the adoption of Rules and Regulations pertaining thereto. The Community Planning and Development Commission shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town; and shall report annually to the Town giving information regarding the physical . condition of the Town, and any plans or proposals known to it affecting the resources, physical development and needs of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4.6 Conservation Commission There shall be a Conservation Commission consisting of seven (7) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Conservation Commission shall have all the powers and duties granted to Conservation Commissions by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.7 Council on Aging There shall be a Council on Aging consisting of ten (10) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.8 Historical Commission There shall be a Historical Commission appointed by the Board of Selectmen, which shall determine the number of members and their term of appointment, not to exceed three (3) years The Historical Commission shall have all the powers and duties granted to Historical Commissions by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.9 Housing Authority There shall be a Housing Authority consisting of five (5) members. Four (4) members shall be appointed by the Board of Selectmen, and the fifth (5th) member shall be a resident of the Town, appointed by the Commonwealth of Massachusetts Department of Housing and Community Development or as otherwise provided by law. Housing Authority Members shall serve for five (5) year terms so arranged that one (1) term shall expire each year. 16lPage 302 SPECIAL ToWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 The Housing Authority shall have all of the powers and duties granted to housing authorities by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. 4.10 Recreation Committee There shall be a Recreation Committee consisting of nine (9) members, eight (8) appointed by the Board of Selectmen, and one (1) appointed by the School Committee for three (3) year terms so arranged that three (3) terms shall expire each year. The Recreation Committee shall have such powers and duties as are granted to them by the Board of Selectmen, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The Recreation Committee shall be responsible for the evaluation of recreational program activities, formulation of overall plans for recreational program development, and for the scheduling of Town parks and recreational facilities when not in use by the School Department. 4.11 Town Forest Committee The shall be a Town Forest Committee, appointed by the Board of Selectmen, which shall determine the number of members and their term of appointment, not to exceed three (3) years. The Town Forest Committee shall have all the powers and duties given to Town Forest Committees by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw, by the Board of Selectmen or by Town Meeting vote. 4.12 Zoning Board of Appeals There shall be a Zoning Board of Appeals consisting of five (5) members and two (2) associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Zoning Board of Appeals shall have all the powers and duties of Zoning Boards of Appeal under the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. [Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 2006] 4.13 Charter Review Committee At least every ten (10) years, a special Committee consisting of nine (9) members shall be established for the purpose of reviewing the Charter and making a report, with recommendations, to the Town Meeting concerning any proposed amendments that said Committee may determine to be necessary or desirable. The Committee shall consist of the Moderator, one (1) member or designee of the Board of Selectmen, one (1) member or designee of the School Committee, one (1) member or designee of the Board of Library Trustees, one (1) member or designee, of the Municipal Light Board of Commissioners, one (1) member of the Bylaw Committee and three (3) Town Meeting members to be appointed by the Moderator. 4.14 Other Boards or Committees Any of the elected boards or committees authorized by Article 3 may establish and appoint or dissolve boards or committees from time to time for a specific purpose. Members of such boards or committees shall reside in the Town of Reading at the time of their appointment and during their term of office. The appointing authority of any such board or committee shall, in advance of the first meeting of said board or committee and annually thereafter, report the purpose, membership and contact information of said board or committee to the Town Clerk. 17 ) Page 303 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 15, 2010 - Article 15 and approved by vote of the Town on April 6, 2010] 4.15 Associate Membership All appointed boards or committees authorized by Article 4 may have associate members if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as an associate member for less than one hundred and eighty (180) days following his initial appointment except as allowed by the Massachusetts General Laws. ARTICLE 5 TOWN MANAGER 5.1 Appointment, Qualifications and Term Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. The Board of Selectmen shall appoint a Town Manager, who shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract, for a term not to exceed three (3) years, setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. The Town Manager's employment contract shall be in accordance with and subject to the provisions of the Charter and shall prevail over any conflicting provision of any personnel bylaw, rule, or regulation. The Town Manager's compensation shall not exceed the amount annually appropriated for that purpose. The Town Manager shall devote full time to his office and, except as expressly authorized by the Board of Selectmen, shall not engage in any other business or occupation. Except as expressly provided in the Charter, he shall not hold any other public elective or appointive office in the Town; provided, however, that, with the approval of the Board of Selectmen, the Town Manager may serve as the Town's representative to regional boards, commissions or similar entities, but shall not receive any additional salary from the Town for such services. Upon the termination of the Town Manager's appointment, whether voluntary or otherwise, he may receive termination pay as determined by the Board of Selectmen, not to exceed twelve (12) months' salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager shall provide the Board of Selectmen a minimum of sixty (60) days written notice of his intent to leave. This benefit shall not be available if the Town Manager is terminated for cause. [Amended November 10, 1997 - Article 7 and approved by vote of the Town on March 24, 1998] 181 Page 304 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 21, 2011 - Article 28 and approved by vote of the Town on March 6, 2012] 5.2 Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager's powers and duties shall include: (a) To supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by Town Bylaw, by Town Meeting vote or by the Board of Selectmen, including all officers appointed by him and their respective departments. (b) To appoint and remove, subject to the civil service laws where applicable, the Police Chief, Fire Chief, Appraiser and all employees for whom no other method of appointment is provided in the Charter, except persons serving under the School Committee, Municipal Light Board of Commissioners or Board of Library Trustees, and appointments made by the representatives of the Commonwealth of Massachusetts. The Town Manager's appointment of the Police Chief and Fire Chief shall be subject to confirmation by the Board of Selectmen. The Town Manager's appointment of the Appraiser shall be subject to confirmation by the Board of Assessors. (c) To administer all personnel policies, practices and related matters for all municipal employees as established by any compensation plan,. personnel policy guide or Town Bylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. (d) To fix the compensation of all Town officers and employees appointed by him within the limits established by applicable appropriations and any compensation plan adopted by the Town Meeting. (e) To attend all regular and special meetings of the Board of Selectmen, unless excused at his own request, and to have a voice, but no vote, in all discussions. (f) To attend all sessions of Town Meetings and to answer all questions directed to him that are related to his office. (g) To see that all of the provisions of the Massachusetts General Laws, of the Charter, of the Town Bylaws, of Town Meeting votes, and of votes of the Board of Selectmen that require enforcement by him or Town Officers and employees subject to his direction and supervision are faithfully carried out. (h) To prepare and submit a proposed Annual Operating Budget and a Capital Improvements Program in accordance with Article 7. (i) To ensure that a full and complete record of the financial and administrative activities of the Town is kept, and to render a full report to the Board of Selectmen at the end of each fiscal year and at such other times as may be required by the Board of Selectmen. (j) To keep the Board of Selectmen fully informed as to the financial condition and needs of the Town and to make such recommendations to the Board of Selectmen as he may deem necessary or appropriate. (k) To have full responsibility for the rental and use of all Town facilities, except those under the care, custody, management and control of the School Committee, the Board of Library Trustees, the Municipal Light Board of Commissioners, or other boards or committees specified by Town Bylaw or Town 191 Page 305 SPECIAL TowN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 Meeting vote. He or his designee shall be responsible for the maintenance and repair of all Town property under his control. (1) To inquire into the conduct of any Town Officer, employee or department under his control. (m) To keep a full and complete inventory of all real and personal property of substantial value belonging to the Town. (n) To serve as Chief Procurement Officer pursuant to the provisions of Massachusetts General Laws Chapter 30B and to be responsible for purchasing all supplies, materials, equipment, goods and services, except those of the School Committee and the Municipal Light Board of Commissioners; to negotiate and approve the award of all contracts for all departments and activities of the Town except those of the School Committee and Municipal Light Board of Commissioners; to examine the services performed for any Town Agency pursuant to any such contract; and to examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies, equipment or goods delivered to or received by any Town Agency. (o) To approve any warrants for the payment of Town funds prepared by the Accountant in accordance with the provisions of the Massachusetts General Laws; provided, however, that the approval of any such warrant by the Town Manager shall be sufficient to authorize payment by the Town Treasurer, and provided further that the Board of Selectmen shall approve such warrants in the event of a vacancy in the office of Town Manager. (p) To serve as the Executive Officer of the Town for the purposes of Massachusetts General Laws Chapter 258. (q) To perform any other duties required of him by the Charter, by Town Bylaw, by Town Meeting vote or by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.3 Ombudsman The Town Manager shall appoint a Town employee to act as an Ombudsman to all citizens in their day -to- day contacts and dealings with the Town, its officials and boards or committees. The function of the Ombudsman shall be: (a) To direct the citizens to the proper Town Officer, board or committee to deal with the issue or concern of the citizen; (b) To set up appointments for citizens to meet with directors, department heads and boards as appropriate; (c) To provide citizens with access to public information within the Town; and (d) To otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.4 Acting Town Manager 201 Page 306 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. 5.4.1 Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified individual to serve as Acting Town Manager during any anticipated temporary absence, not to exceed thirty (30) days. 5.4.2 long -Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of thirty (30) days, the Board of Selectmen shall appoint a qualified individual to serve as Acting Town Manager until the Town Manager returns. 5.4.3 Vacancy - When the office of Town Manager is vacant or the Town Manager is under suspension as provided in Section 5.5, the Board of Selectmen shall appoint a qualified individual to serve as Acting Town Manager under terms of employment to be determined by the Board of Selectmen. In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred eighty (180) days. 5.4.4 Powers - Except as authorized by a four- fifths (4/5) vote of the Board of Selectmen, the powers of an Acting Town Manager shall be limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. 5.5 Removal Procedures The Board of Selectmen may remove the Town Manager from office as follows: 5.5.1 Notice - By affirmative vote of a majority of its members, the Board of Selectmen may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty -five (45) days. A copy of the resolution shall be delivered to the Town Manager forthwith following its adoption. 5.5.2 Public Hearing - Within five (5) days (see Sec.8.5) after the delivery of the preliminary resolution of removal, the Town Manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the Board of Selectmen. The hearing shall be convened by the Board of Selectmen not less than twenty (20) nor more than thirty (30) days after such request is submitted. Not less than five (5) days (see Sec.8.5) prior to such hearing, written notice thereof shall be given to the Town Manager at his last known address. The time limitations set forth herein may be waived in writing by the Town Manager. Not less than forty -eight (48) hours prior to the time set for the commencement of the public hearing, the Town Manager may file a written statement with the Board of Selectmen responding to the reasons cited for the proposed removal. The Town Manager may be represented by counsel at the public hearing, and shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.5.3 Removal - The Board of Selectmen may, by a vote of a majority of its members, adopt a final resolution of removal, which shall be effective upon its adoption; provided, however, that such resolution shall not be adopted until: (a) Ten (10) days after the date of delivery to the Town Manager of the preliminary resolution of removal; or 21 1 P a g e 307 SPECIAL TOWN MEETING y; a January 6, 2015 (b) If the Town Manager has made a timely request for a public hearing, five (5) days (see Sec.8.5) after completion of the public hearing or forty -five (45) days after the adoption of the preliminary resolution, whichever occurs later. Failure to adopt a final resolution of removal within the time limitations provided in this section shall be deemed to nullify the preliminary resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the Board of Selectmen. The Town Manager shall continue to receive his salary until a final resolution of removal has become effective. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6.1 organization of Town Agencies The organization of the Town into operating Town Agencies shall be accomplished through the establishment of a Table of Organization that presents the organization of all Town Agencies. Such table shall be prepared by the Town Manager in consultation with the Board of Selectmen and may be revised from time to time. [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] For the convenience of the public, the Table of Organization shall be printed as an appendix to, but not as part of, the Bylaws of the Town. The Table of Organization shall also be published annually in the Town Report. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6.2 Town Counsel Appointment and Qualifications - The Board of Selectmen shall appoint a Town Counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Board of Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any Special Counsel employed by the Board of Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice. Powers and Duties - The Town Counsel shall provide legal advice, representation and litigation services to the Town, Town Agencies and Town Officers, as the Board of Selectmen or Town Manager may request or authorize. Vacancy - If the Town Counsel is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Counsel to hold such office and exercise the powers and perform the duties until the Town Counsel can resume his duties, or until another Town Counsel is duly appointed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6.3 Town Accountant 221 Page 308 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 Appointment, Qualification and Term of Office - There shall be a Town Accountant, appointed by the Board of Selectmen. The Town Accountant shall be qualified in accordance with State law, and shall have appropriate prior full time accounting experience as determined by the Board of Selectmen. The Town Accountant shall be appointed in March of every year for a one (1) year term to run from the first day of the following July and shall serve until the qualification of his successor. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Powers and Duties - The Town Accountant shall be subject to the supervision of the Town Manager. In addition to the powers and duties conferred and imposed upon Town Accountants by the Massachusetts General Laws, his powers and duties shall include: (a) To prescribe the methods of installation and exercise supervision of all accounting records of Town Agencies and Town Officers; provided, however, that any change in the system of accounts shall be made only after consultation with the Town Manager and the Town Agencies affected. (b) To establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, records, reports and procedures as they relate to accounting matters; and to prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town Agencies and employees. (c) To draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the appropriations of the Town Meeting and other accounts. (d) Prior to submitting any warrant to the Town Manager, to examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town Agency or Town Officer. If, upon examination, it appears to the Town Accountant that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file with the Town Manager and Town Treasurer and Chairman of the Finance Committee a written report of his findings. (e) To be responsible for a continuous audit of all accounts and records of the Town wherever located. Vacancy - If the Town Accountant is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant can resume his duties, or until another Town Accountant is duly appointed, in the same manner as an original appointment, for the remainder of the unexpired term. 6.4 Town Treasurer Appointment and Qualifications - There shall be a Town Treasurer, appointed by the Town Manager. The Town Treasurer shall be qualified in accordance with the Massachusetts General Laws. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Treasurer with those of the Town Collector, and the Town Manager may then appoint a Town Treasurer - Collector. 231Page 309 SPECIAL TOWN TWEETING Reading Memorial High School Preforming Arts Center January 6, 2 015 Powers and Duties - In addition to the powers and duties conferred and imposed upon Town Treasurers by the Massachusetts General Laws, the powers and duties of the Town Treasurer shall include: (a) To supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town. (b) To be the custodian of ail funds, moneys, securities or other things of value that are or have been given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, improvement or embellishment of any of the Town's cemeteries or burial lots therein; to invest all sums held in trust as he determines to be appropriate after consultation with the Board of Commissioners of Trust Funds; and to distribute the income therefrom on the order of said Board. Vacancy - If the Town Treasurer is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Treasurer to hold such office and exercise the powers and perform the duties until the Town Treasurer can resume his duties, or until another Town Treasurer is duly appointed. 6.5 Town Collector Appointment and Qualifications There shall be a Town Collector, appointed by the Town Manager. The Town Collector shall be qualified in accordance with the Massachusetts General Laws. The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Collector with those of the Town Treasurer, and the Town Manager may then appoint a Town Treasurer - Collector. Powers and Duties - In addition to the powers and duties conferred and imposed upon Town Collectors by the Massachusetts General Laws, the powers and duties of the Town Collector shall include: (a) To be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town including taxes and fees, and shall act as the Town Collector of Taxes. (b) To report to the Town Manager at such times as he may direct or as he may deem appropriate, but at least semi - annually, as to all uncollected claims or accounts due or owing to the Town. Such reports shall include the Town Collector's recommendations as to whether suit should be instituted on behalf of the Town for the establishment or collection of any claim or account for the benefit of the Town. Vacancy - If the Town Collector is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Collector to hold such office and exercise the powers and perform the duties until the Town Collector can resume his duties, or until another Town Collector is duly appointed. 6.6 Town Clerk Appointment, Qualifications, Term of Office - There shall be a Town Clerk, appointed by the Town Manager. The Town Clerk shall be qualified in accordance with the Massachusetts General Laws. Powers and Duties - The Town Clerk shall have all the powers and duties conferred and imposed upon Town Clerks by the Massachusetts General Laws or by Town Bylaw. Vacancy - If the Town Clerk is unable to perform his duties because of disability or absence or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Clerk to hold such office and exercise the powers and perform the duties until the Town Clerk can resume his duties, or until another Town Clerk is duly appointed. 241 Page 310 SPECIAL TOWN MEETING Reading Memorial High School January 6, 2 015 Preforming Arts Center 7.1 Fiscal Year The fiscal year of the Town shall begin on July first (1st) and end on June thirtieth (30th), unless another provision is made by the Massachusetts General Laws. 7.2 Submission of Proposed Budget At least four (4) months before the start of the fiscal year and following consultation with the Board of Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents. He shall simultaneously provide for the publication in a local news medium of a general summary of the proposed budget, and a notice stating the times and places where complete copies of his proposed budget shall be available for examination by the public. [Amended November 21, 2 011 e Article 29 and approved by vote of the Town on March 6, 2012] 7.3 School Committee Budget The budget requested by the School Committee shall be submitted to the Town Manager at least five (5) months before the start of the fiscal year to enable him to prepare the total Town budget pursuant to Section 7.2. Public Hearing - At least fourteen (14) days before the meeting at which the School Committee is to vote on its budget request, the School Committee shall cause to be published in a local news medium a general summary of such budget request. The summary shall indicate specifically any major variations from the. current year's budget and the reasons for such variations and a notice stating the times and places where complete copies of the budget shall be available for examination by the public, as well as the date, time and place, not less than seven (7) days (see Sec.8.5) following such publication, when a public hearing shall be held by the School Committee on the budget request. 7.4 Budget Message The Budget Message submitted by the Town Manager shall explain the proposed budget for all Town agencies,. both in fiscal terms and in terms of work programs. The Budget Message shall include a current Table of Organization and may include a proposed Table of Organization. 7.5 The Proposed Budget The proposed budget shall provide a complete financial plan for all Town funds and activities; shall be balanced to the funds available; and shall present the budget as requested by the School Committee for the ensuing year. Except as may otherwise be required by the Massachusetts General Laws or by the Charter, the proposed budget shall be in the form that the Town Manager deems desirable. In his presentation of the budget, the Town Manager shall make use of modern concepts of fiscal presentation so as to furnish a high level of information and maximum financial control. The proposed budget shall show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections: (a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by Town Agency, function and work programs, and the proposed methods of financing such expenditures. (b) Proposed capital expenditures during the ensuing fiscal year, detailed by Town Agency, and the proposed method of financing each such capital expenditure. 251 Page 311 SPECIAL TOWN MEETING January 6, 2015 (c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes. (d) All encumbered funds from prior fiscal years. 7.6 Action on the Budget 7.6.1 Public Bearing - The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local news medium of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. 7.6.2 Finance Committee Meetings - The Finance Committee shall consider in public meetings the detailed expenditures proposed by the Town Manager for each Town Agency, and may confer with representatives of any such Town Agency in connection with such considerations. The Finance Committee may require the Town Manager or any other Town Agency to provide such additional information as it deems necessary or desirable in furtherance of its responsibilities. 7.6.3 Presentation to the Town Meeting - The Finance Committee shall file a report of its recommendations with the Town Clerk in sufficient time to be distributed to all Town Meeting Members at least fourteen (14) days before action on the budget Warrant Article is to begin. The budget to be acted upon by the Town Meeting shall be the budget as proposed by the Finance Committee; provided, however, that such budget may be amended by the Town Meeting. 7.6.4 All Warrant Articles requiring an appropriation shall be considered and reported thereon by the Finance Committee. 7.7 CaRital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. Such Capital Improvements Program shall contain: (a) A general summary of its contents; (b) A list of all capital improvements proposed to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement; and (c) Cost estimates, methods of financing and recommended time schedules for each such capital improvement. The Capital Improvements Program may further contain the estimated annual cost of operating and maintaining each such capital improvement. This information may be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. • 8.1 Charter Changes This Charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the amendments to the Constitution of the Commonwealth of Massachusetts and Chapter 43B of the Massachusetts General Laws. The Town Clerk shall be authorized to make non- substantive numbering changes to the component provisions of the Articles of the Charter from time to time as he deems appropriate. 261 Page 312 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2016 [Amended November 19, 2001 - Article 11] [Amended November 16, 2004 - Article 16 and approved by vote of the Town on April 5, 2006] 8.2 Severability If any provision of the Charter shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Charter shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in the Preamble. 8.3 Specific Provisions Prevail To the extent that any specific provision of the Charter may conflict with any provision expressed in general terms, the specific provision shall be deemed to prevail. 8.4 References to Massachusetts General Laws All references to the Massachusetts General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the Massachusetts General Laws enacted subsequent to the adoption of the Charter. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.5 Computation of Time In computing time under the Charter, if seven (7) days or less is specified, only days that Town Hall is open to the general public shall be counted; if more than seven (7) days is specified, every calendar day shall be counted. 8.6 Number and Gender Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender shall include the feminine gender. 8.7 Rules and Regulations A copy of all Rules and Regulations adopted by any Town Agency shall be filed in the Office of the Town Clerk and made available for review by any person upon request provided, however, that such Rules and Regulations shall become effective ten (10) days following their adoption, whether or not they are so filed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.8 (Procedures of Boards or Committees 8.8.1 Meetings - All boards or committees shall meet at such times and places as they may, by their own rules, prescribe. Additional meetings of any board or committee shall be held on the call of the respective chair or by .a majority of the members thereof. 8.8.2 Rules and Minutes - Each board or committee shall determine its own rules and order of business unless otherwise provided by the Charter or by Town Bylaw and shall provide for the keeping of minutes of its proceedings. Copies of these rules and minutes shall be publicly available in the Office of the Town Clerk and in the Library. 8.8.3 Voting - Except on procedural matters, all votes of all boards or committees shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. A 271 Page 31.3 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 6, 2015 majority vote shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. 8.8.4 Quorum - A majority of the number of members of a boards or committees specified in the Charter or other action creating such board or committee shall constitute a quorum thereof, but a smaller number, may adjourn a board or committee meeting from time to time. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.9 Elections Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. Note that this section will be renumbered from 8.11 to 8.9 in the first motion however. 8.9.1 Annual Town Elections - The choice of elected Town Officers and Town Meeting Members, as well as referendum questions, shall be acted upon and determined on the date fixed by Town Bylaw by voters on official ballots without party or other designation. .8.9.2 Procedures - All elections held pursuant to the Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. 8.9.3 Any town wide election shall be held at the same time for each precinct at a place or places designated by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.10 Vacancies on Boards or Committees Whenever a new board or committee is established, or a vacancy occurs on any existing board or committee, the appointing authority shall forthwith cause notice of the vacancy to be publicly available for not less than fifteen (15) days. Any person who desires to be considered for appointment to the position may, prior to the time the position is actually filled, file with the Town Clerk a statement setting forth his interest in and qualifications for the position. [Amended November 13, 1986 Article 17 and approved by vote of the Town on March 23, 1987] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8.11 Recall Procedures Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and the local voters. The proposed new language is shown below, but this section will not be part of the motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State Legislature as part of the request for a Special Act. Note that this section will be renumbered from 8.13 to 8.11 in the first motion however. 8.11.1 Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. No recall petition shall be filed against a Town Officer within three (3) months after he takes office. 281 Page 314 SPECIAL TOWN MEETING Memorial Reading . h School Preforming Arts Center January 6, 2 015 8.11.2 Recall Petition - Two hundred and fifty (250) or more voters, including at least twenty - five (25) voters from each of the precincts into which the Town is divided, may file with the Town Clerk an affidavit containing the name of the Town Officer whose recall is sought and a sworn statement of the grounds upon which the affidavit is based. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the affidavit to the Board of Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. If the affidavit contains sufficient signatures, the Town Clerk shall deliver to the first ten voters listed upon the affidavit, blank petition forms, in such number as requested, demanding such recall, with his signature and official seal attached thereto. They shall be dated and addressed to the Board of Selectmen; shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds for recall as stated in the affidavit; and shall demand the election of a successor to the office held by such person. The recall petitions shall be returned and filed with the Town Clerk within twenty -one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses; provided, however, that not more than twenty - five percent (25 %) of the total number signatures may be from voters registered in any one precinct. 8.11.3 Recall Election If the petition is certified by the Board of Registrars of Voters to be sufficient, it shall forthwith submit the petition with its certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of the petition and certificate to the Town Officer whose recall is sought, by mail, postage prepaid, to his address as shown on the most recent voting list; and shall cause notice of the petition and certificate to be publicly available. If such Town Officer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate of the Board of Registrars of Voters; provided, however, that if any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. 8.11.4 Nomination of Candidates - No Town Officer whose recall is sought may be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of the election shall all be in accordance with the provisions of law relating to elections. 8.11.5 Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of Town Officer) Against the recall of (name of Town Officer) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated pursuant to Massachusetts General Laws Chapter 54, Section 42. If .a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected and the incumbent shall be deemed removed upon the qualification of his successor, who shall hold office during the unexpired term; provided, however, that, if the successor fails to qualify within five (5) days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office shall be deemed vacant. 291 Page 315 SPECIAL TOWN MEETING Heading (Memorial High School Preforming Arts Center January 6, 2015 If a majority of votes cast upon the question of recall is in the negative, no candidate shall be declared elected, and the Town Officer whose recall was sought shall continue in office for the remainder of his unexpired term, subject to recall as before. 5.11.6 Repeat of Recall Petition - No recall petition shall be filed against a Town Officer subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5.12 Removal of an Appointed Board or Committee (Member 5.12.1 The appointing authority may remove an appointed member of a board or committee with more than six (6) months remaining in the term for which he was appointed. The process for such removal may be initiated in any of three methods: (a) The appointing authority may, by majority vote, cause a notice of removal to be filed with the Town Clerk; (b) A board or committee may, by majority vote, submit a written request that the appointing authority remove one of its members, specifying the grounds for such removal request in writing and causing a notice of removal to be filed with the Town Clerk; (c) One hundred (100) or more voters may file with the Town Clerk a petition requesting the removal of a member of a board or committee, specifying the grounds for such removal. Upon certification by the Board of Registrars of Voters of a sufficient number of valid signatures, the Town Clerk shall immediately notify the appointing authority thereof. 8.12.2 Public Hearing - A public hearing shall be convened by the appointing authority not less than twenty (20) nor more than thirty (30) days after a notice, request or valid petition for removal is filed with the Town Clerk. Not less than five (5) days (see Sec.8.5) prior to such hearing, written notice thereof shall be given by the Town Clerk to the board or committee member whose removal is sought, by mail, postage prepaid, to his last known address. Not less than forty -eight (48) hours prior to the time set for the commencement of the public hearing, the board or committee member shall be entitled to file a written statement with the appointing authority responding to the reasons cited for the proposed removal. The board or committee member may be represented. by counsel at the public hearing, and shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. 5.12.3 Removal - The appointing authority may, by majority vote, adopt a final resolution of removal, which shall be effective upon adoption. Failure to adopt a final resolution of removal within thirty (30) days of the public hearing shall be deemed to be a disapproval of such resolution. The action of the appointing authority in removing the board or committee member shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such removal in the appointing authority. The board or committee member shall continue to serve on the board or committee until a final resolution of removal has become effective. 5.13 Resignation of Town Officers Any person holding an elective or appointive office may resign his office by filing a notice of resignation with the Town Clerk, and such resignation shall be effective immediately upon such filing, unless a time certain is specified therein when it shall take effect. 5.14 Town Seal The Town Seal in existence at the time of adoption of the Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued by any Town Officer or Town Agency may be attested by use of the Town Seal. 301 Page 316 SPECIAL TOWN MEETING January 6, 2015 or take any other action with respect thereto. Back round: Please refer to the Reading Home Rule Charter Translation Guide separate handout. Bylaw Committee ReRort - given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 4 -0 -0 at their meeting on December 8, 2014. Finance 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. Board of Assessors Report: The Board of Assessors at their meeting on November 18, 2014 voted 2 -0 -0 to support this Article. The Reading Charter Review Committee has recommended that the Board of Assessors be appointed by the Board of Selectmen under the new charter. It is understood that such a change, if adopted, would not have any practical effect until 2016 when Golden's current three year term of office expires. The Town Manager has asked this Board to comment on the proposed change. Santaniello read the existing (under Article 3) and proposed language (under Article 4). There is a transition rule, under which previously elected Board members would be allowed to continue in office until the end of their respective terms after which time they could seek reappointment. Golden and Santaniello then discussed their experiences (good and bad) serving on or working with different Boards in multiple communities over many years. Golden noted that each member of the Beverly and Watertown Board of Assessors receive annual stipends of $8,000 and $5,000, respectively. The members of these boards are appointed to their posts. On the other hand, the members of the Wakefield Board of Assessors are elected to their posts and, as in Reading, receive no compensation. Quinn had prepared a memorandum (see below) which he handed to Golden and Santaniello for review and comment. Both concluded that the memorandum fairly reflected their own views on the subject. A copy of this memorandum is appended hereto. In the opinion of all those present, the members of the Reading Board of Assessors should be vetted and appointed by the Board of Selectmen under the new charter in order to ensure the, seating of qualified individuals. The problem that remains is how to expand the pool of qualified applicants willing to serve on a volunteer basis. It was not known whether the new charter would limit Board membership to Reading residents only. Golden noted that all new Board members are required to complete a three day course 101 offered by MADOR within a prescribed time frame. A motion by Quinn seconded by Golden that the Board endorse and otherwise support the recommendations of the Reading Charter Review Committee in this matter was approved by a vote of 2 -0- 0. Charter Review - Bob Quinn's Comments Introduction: 311 Page 317 SPECIAL ToWN MEETING January 60 2015 I understand that the Reading Charter Review Committee ( "CRC ") has unanimously recommended that the Board of Assessors ( "Board" or "BOA ") be appointed by the Board of Selectmen ( "BOS ") under the new charter. The Town Manager has requested this Board to comment on the proposed change. The following are my personal views on this subject and are not necessarily those of my fellow BOA members, Victor or his staff. Background: It should be noted that a similar proposal to amend Reading's Charter came before Town Meeting in 2011 in the form of Article 22. As I recall, the Town Manager would have appointed the members of the BOA had this article been approved by Town Meeting. The proponents of Article 22 argued that the election process itself may discourage qualified individuals from serving on the BOA. I believe this to be true. They also correctly noted the technical nature of the Board's work and the difficulty in filling past vacancies. However, Town Meeting overwhelmingly rejected Article 22, opting instead to preserve the "independence" of the Board of Assessors through the continued direct election of its members. In the three years since, the membership of the BOA (as well as the BOS) has changed completely. The election results follow: In 2012, I won the seat of a retiring Board member with 1,916 votes. My opponent received 1,733 votes. There were 4,157 ballots cast; voter turn -out was 24.5 %. I am not aware of any other contested election for a seat on Reading's BOA. In 2013, Frank Golden won the seat of a retiring Board member with eleven (11) write -in votes. The runner -up had four (4). There were 3,207 ballots cast; voter turn -out was 18.2 %. In 2014, Bob Marshall won the seat of another retiring Board member with a write -in campaign that netted him thirty four (34) votes. The runner -up had six (6). There were 4,468 ballots cast; voter turn -out was 25.0 %. Mr. Golden and Mr. Marshall are both experienced assessing professionals; one would be very hard pressed to find anyone more qualified and willing to serve on the Board. Even so, together they netted 0.6% of the total votes cast in the previous two elections. I'd argue that they were `elected" only in a symbolic sense. My Personal Opinion: I fully support CRC's recommendation that the Board of Assessors be appointed by the Board of Selectmen (an elected body). My hope is that the BOS would consult with the continuing BOA members during the appointment process. I understand that the members of FINCOM and other committees requiring specific technical expertise are currently vetted and appointed by BOS. I don't see any compelling reason why the BOA should be treated any differently. Under a related proposal, the Town Manager would appoint the appraiser, subject to the approval of the BOA. I understand that the Town Manager currently appoints the Police and Fire Chiefs, in a similar fashion, subject to the approval of the BOS. 321 Page 318 SPECIAL TOWN MEETING Reading Memorial High School Preforming January 6, 2015 I also support this approach. I believe that the Town Manager is much better positioned to access the Town resources (HR, procurement, legal etc.) needed to efficiently vet potential candidates, especially in the context of current and potential future cost sharing arrangement(s) with other towns. Sincerely, Robert J. Quinn, Jr., Board of Assessors November 18, 2014 CPDC Report: The CPDC at their meeting on December 8, 2014 voted 3 -0 -0 to support this Article. In addition, they request that °a provision be made for (CPDC) associate membership in the appropriate document (general bylaws) ". Motion to amend 1.6 made by Mary Ellen O'Neill, Precinct 4 as follows: Local News Medium - The term "local news medium" shall mean both a newspaper of and at least one other means or channel of information communication to which the general public has access within the Town. Motion to amend 1.6 made by Bruce Mackenzie, Precinct 8 as follows: Local News Medium - The term "local news medium" shall mean a newspaper or and, website, or other means or channel of information communication to which the general public has access within the Town. Motion Does Not Carry Motion to amend 2.3 made by Angela Binda, Precinct 5 as follows: In the event of a tie vote, resulting in a failure to elect the full number of Town Meeting Members in any precinct, the vacancy created thereby shall be filled until expiration of the term the next Annual Tewn Eleetiee by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired term shall be filled at the next Annual Town Election. In the event of such a vacancy, the Town Clerk shall give written notice of the tie vote and the vacancy created thereby, to the remaining Town Meeting Members of that precinct and shall publish such notice in the local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place fora precinct meeting for the purpose of filling the vacancy. Motion made by Thomas Ryan, Precinct 1 to move 4.1 to 3.1 and to amend as follows: 331 Page 319 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center There shall be a Board of Assessors consisting of three (3) members elected for three (3) year terms so arranged that one (1) term shall expire each year. January 6, 2015 The Board of Assessors shall have all the powers and duties granted to Boards of Assessors by the Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or by Town Meeting vote. The elected members of the Board of Assessors serving at the time that this section first becomes effective may continue to serve in office until their elected terms expire, unless reappointed for an additional term or terms pursuant to this section. Motion Does Not Carry Motion made by Dan Ensminger, Precinct 7 to amend 4.15 as follows: All appointed boards or committees authorized by Article 4 may have associate members if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as an associate member for less than one hundred and eighty (180) days following his initial appointment except as allowed by the Massachusetts General Laws. Associate members of boards or committees serving as of the effective date of this Section 4.15 shall be allowed to serve until the end of their term or until June 30, 2015 whichever comes first. No Vote Taken - tack of Quorum - Tabled Motion made by John Sasso, Precinct 2 to amend 4.15 as follows: All appointed boards or committees authorized by Article 4 may have associate members if speeified in the Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any. issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as an associate member for less than one hundred and eighty (180) days following his initial appointment except as allowed by the Massachusetts General Laws. No Vote Taken - Hack of Quorum - Tabled 341 Page 320 SPECIAL TOWN MEETING Reading Memorial High School January 6, 2015 Preforming Arts Center Motion made by Angela Binda, Precinct 5 to amend 4.15 as follows: All appointed boards or committees authorized by Article 4 may have associate members if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as an associate member for less than ene hundred and ninety (90) days following his initial appointment except as allowed by the Massachusetts General Laws. Motion made by, Charles Donnelly -Moran Precinct 7 to amend 4.15 as follows: All appointed boards or committees authorized by Article 4 may have associate members if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws or in cases where there is not a quorum otherwise present. In no case may an associate member vote on any issue if he has served as an associate member for less than one hundred and eighty (180) days following his initial appointment except as allowed by the Massachusetts General Laws. No Vote Taken - Lack of Quorum - Tabled Motion made by Bill Brown, Precinct 8 to amend 4.15 as follows: All appointed boards or committees authorized by Article 4 may have associate members if specified in the Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same manner as other members of the board or committee. All rules and regulations relating to associate membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision defining the conduct of such bodies. Associate members may not vote on any issue to be decided by the board or committee to which the individual is appointed as an associate member except as allowed by the Charter, Town Bylaw or the Massachusetts General Laws. in ne case Fnay an asseeffiate Fnember vete en any issue if he has seFved as an assee ate niembeF fer less than ene hundFed and eighty (180) days fellow ng his initial appei.m.1-1.1 exeept as allewed by the Massaehusetts General Laws. No Vote Taken- Lack of Quorum - Tabled 351 Page 321 SPECIAL T®WN MEETING January 6, 2015 a. �• i Question of a quorum by Jack Downing, Precinct 7 With 83 members remaining in attendance to Article 7 was tabled and meeting was adjourned 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 7, 2015. Motion Carried Meeting adjourned at 11:06 PM with 120 Town Meeting Members in attendance. A true copy Attest: Laura A Gemme Town Clerk 361 Page_ 322