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HomeMy WebLinkAbout2015 Annual Report Part 4 Appendix A ContinuedSPECIAL. TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2 015 The meeting was called to order by the Moderator, Alan E Foulds, at 7:37 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 made by John Arena, Board of Selectmen to take Article 7 from the table Motion Carried Overview® for Articles 7 and 8 — Reading Horne 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. 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 ilPage 323 SPECIAL ToWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2 015 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. 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 21 Page 324 SPECIAL TOWN MEETING January 7, 2015 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. 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. 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 3lPage 325 SPECIAL TOWN MEETING Reading Memorial High School Preforming A , January i, 2015 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, 20 04 - 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. 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 4 1Paye 326 SPECIAL TOWN MEETING 8' . i ,p. . January 7, 2015 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, 2002] [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. 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, 20051 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. 5l Page 327 SPECIAL TOWN MEETING Reading Memorial High School January 7, 2015 Preforming Arts Center 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] 2.8 Compensation Town Meeting Members shall serve without compensation. 2.9 Presiding Officer A Moderator, chosen in accordance with the provisions of Section 3.6, shall preside at all sessions of the Town Meeting. The Moderator shall regulate the proceedings of all Town Meeting sessions, decide all questions of order and make public declaration of all votes. He may also administer the oath of office to any Town Officer and to Town Meeting Members. 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 Cleric 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 Meeting Members 61Page 328 SPECIAL TOWN MEETING January 7, 2015 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. 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. 7l Page 329 SPECIAL. TOWN MEETING f If i January 7, 2015 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, 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. 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. slPage 330 SPECIAL TOWN MEETING January 7, 2015 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 l..ight 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 5, 2005] 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 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 91 Page 331 SPECIAL- TOWN MEETING January 7, 2015 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 16] ARTICLE 3 ELECTED OFFICERS AND BOARDS OR COMMITTEES 3.1 General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Library Trustees, Municipal Light Board of Commissioners, Moderator and such members of regional authorities or districts as may be established by statute, intergovernmental agreement executed pursuant to Section 1.5 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. 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. 10 1 P a 3 e 332 SPECIAL TOWN MEETING Reading Memorial High School ]anuary 7, 2015 Preforming Arts Center 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. 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 5, 2005] 11lPage 333 SPECYAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 3.5 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 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 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. 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. 12 1 P a g e 334 SPECIAL TOWN MEETING -....; "" January 7, 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. (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. 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. 131 Page 335 SPECIAL TOWN MEETING January 7, 2 015 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 A_qLing 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 Mousing 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. 4.18 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. 141 Page 336 SPECIAL TowN MEETING January 7, 2015 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 Boars! 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. [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 15 1 P a g e 337 SPEC %AL TOWN MEETING Preforming Arts Center January 7, 2015 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. 5.1 ADvointment. (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] [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. 16 ) Page 338 SPECIAL ToWN MEETING Preforming Arts Center January 7, 2015 (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 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 171 Page 339 SPECIAL TOWN MEETING Reading y. ,. l High School Preforming - January 7, 2015 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 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 18 1 Pa g e 340 SPECIAL TOWN MEETING January 7, 2015 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 (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] 191 Page 341 SPECIAL. TOWN MEETING Reading Memorial High School January 7, 2015 Preforming Arts Center 6.1 Ornanization 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 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. 201 Page 342 SPECIAL TOWN MEETING January 7, 2015 (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. 644 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, 20051 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. 211 Page 343 SPECIAL TOWN MEETING January 7, 2015 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, 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. r f, ..* • 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. 221 Page 344 SPECIAL TOWN MEETING MifmdAM January 7, 2015 [Amended November 21, 2011 - Article 29 and approved by vote of the Town on March 6, 2012] 7.3 School Committee Budget The budget requested by the School Committee shall be submitted to the Town Manager at least five (5) months before the start of the fiscal year to enable him to prepare the total Town budget pursuant to Section 7.2. 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 Messacie 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 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. (c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes. (d) All encumbered funds from prior fiscal years. 7.6 Action on the Budget 7.6.1 Public Hearing - The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local news medium of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. 7.6.2 Finance Committee Meetings - The Finance Committee shall consider in public meetings the detailed expenditures 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 231Page 345 SPECIAL TOWN M9EETING ;. January 7, 2015 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 Capital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. Such Capital Improvements Program shall contain: (a) A general summary of its contents; (b) A list of all capital improvements proposed to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement; and (c) Cost estimates, methods of financing and recommended time schedules for each such capital improvement. The Capital Improvements Program may further contain the estimated annual cost of operating and maintaining each such capital improvement. This information may be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. 8.1 Charter Chances 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 Ifs and approved by vote of the 'Town on April 5, 2005] 8.2 Severability If any provision of the Charter shall be found invalid for any reason in a 'court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Charter shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in the Preamble. 8.3 SDecific 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 241 Page 346 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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] 8.8.1 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 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. 25 1 P a g e 347 SPECIAL TOWN MEETING r, r t T1Tr� 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, 20 05] 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. 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. 26 ) gage 348 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2 015 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. 5.11.4 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. 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, 2005] 8.12 Removal of an Appointed Board or Committee Member 8.12.1 The appointing authority may remove an appointed member of a board or committee 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; 27 1 P a g e 349 SPECIAL TOWN MEETING January 7, 2015 (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. 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. 8.13 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. 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. Background, Please refer to the Reading Home Rule Charter Translation Guide separate handout. Bylaw Committee Report - 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. 28 1 P a g e 350 SPECIAL. TOWN MEETING Reading Memorial High i too Preforming Y. January 7, 2015 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: 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. 291 Page 351 SPECIAL TOWN MEETING Reading Memorial High o • Preforming January 7, 2015 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. 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 CP ®C R Ort. 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) ". 30 1 P a g e 352 SPECIAL TOWN ('MEETING Motion made by Dan Ensminger, Precinct 7 to amend 4.15 as follows: January 7, 2015 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, 2 015 whichever comes first. Counted Vote 67 Voted in the affirmative 27 Voted in the negative 110 Town Meeting Members in Attendance 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 s-p eifie' in } "^ 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. Question of Count - Counted Vote 20 Voted in the affirmative 81 Voted in the negative 110 Town Meeting Members in Attendance Motion made by Angela Binda, Precinct 5 to amend 4.15 as follows: 311 Page 353 SPECIAL TowN MEETING January 7, 2015 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 eighty (180) ninety (90) days following his initial appointment except as allowed by the Massachusetts General Laws. Motion made by, Mark Dockser, Precinct 1 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 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 no case Fnay an asseeiate n9en9ber v6te en any issue if he has served as an assee4ate nqembeF feF less than ene hundFed and eighty (189) days fellewing his initual appeintment, Motion Carried 321 Page 354 SPECIAL TOWN MEETING Reading Memorial High School January 7, 2 015 Preforming Arts Center Motion to move the question on amendments of 4.15 2/3 Vote Required 96 Voted in the affirmative 6 Voted in the negative 110 Town Meeting Members in Attendance Motion made by Charles Donnelly- Moran, Precinct 7 to amend 4.9 as follows: 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 DepaFtment ef eusing and Gemmunity Develepffient 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. Motion made by Barry Berman, Precinct 4 to amend 5.3 as follows: The Town Manager shall appoint a Town employee other than himself or herself 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: Motion Carried Motion made by David Greenfield, Precinct 5 to amend 5.3 as follows: 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: (b) 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 or committees as appropriate; 331 Page 355 SPECIAL Towel MEETING Reading Memorial High School January 7, 2015 Preforming Arts Center Motion made by Karen Burke, Precinct 2 to amend 6.6 as follows: Appointment; and Qualifications, Term of ef"^^ - There shall be a Town Clerk, appointed by the Town Manager. The Town Clerk shall be qualified in accordance with the Massachusetts General Laws. Motion made by Bill Brown, Precinct 8 to amend 8.8.1 as follows: All boards or committees shall meet at such times and places in compliance with the Open Meeting Laws 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. Counted Vote 65 Voted in the affirmative 34 Voted in the negative 110 Town Meeting Members in Attendance Motion made by Ron D'Addario, Precinct 6 to amend 8.8.4 as follows: 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. Motion Carried Motion made by Fausto Garcia, Precinct 3 to move Article 8 to be Article 2 and renumber as necessary Motion made by Bruce Mackenzie, Precinct 8 to amend 8.10 as follows: Whenever a new board or committee is established, or a vacancy occurs on any, existing board or committee, the appointing authority shall forthwith publish cause notice of the vacancy in a local new medium te be publiely available at least feF net less than fifteen (15) days prior to the time the position is actually filled. 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. 34lPage 356 SPECIAL TOWN {MEETING Motion made by Andrew Herlihy, Precinct 1 to Move the Question 2/3 Vote Required 90 Voted in the affirmative 9 Voted in the negative 110 Town Meeting Members in Attendance Motion Carried After some Discussion January 7, 2015 ARTICLE 8: Motion made by John Arena, Board of Selectmen, on behalf of the Town, 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 striking section 2.1 thereof in its entirety and inserting, in place thereof, the following section: 95100a. -. F.... :i.. . 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 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 351 Page 357 SPECIAL TOWN MEETING 1,eading Memorial High ► a► : Yreforming Arts Center January 7, 2 015 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 Membership 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. 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: 2.5 Nomination Procedures 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. 36 1 F a g e 358 SPECIAL TOWN MEE'TINGa Reading Memorial High School Preforming Arts Center January 7, 2 015 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: 2.6 Vacancies 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. 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: 3.2 Board of Selectmen There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties 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. 371 Page 359 SPECIAL TOWN MEETING Preforming Reading Memorial High Schoo' Arts Center January 7, 2015 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 Term The Board of Selectmen shall appoint a Town Manager, who shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract, for a term not to exceed three (3) years, setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. The Town Manager's employment contract shall be in accordance with and subject to the provisions of the Charter and shall prevail. over any conflicting provision of any personnel bylaw, rule, or regulation. The Town Manager's compensation shall not exceed the amount annually appropriated for that purpose. The Town Manager shall devote full time to his office and, except as expressly authorized by the Board of Selectmen, shall not engage in any other business or occupation. Except as expressly provided in the Charter, 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. Section Se 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. 38 1Page 360 SPECIAL TOWN MEETING Preforming Center January 7, 2015 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: 8.9.1 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. 3.9.2 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 Recall Procedures 8.11.1 Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. No recall petition shall be filed against a Town Officer within three (3) months after he takes office. 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, 391 Page 361 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2 015 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. 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. Section 110 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. 401 Page 362 SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 Section 12: This Act shall take effect upon approval by the voters, at a local election, of the further amendments to the Town of Reading Home Rule Charter adopted pursuant to Article 7 of the January 5, 2015 Special Town Meeting. or take any other action with respect thereto. Background: Please refer to the Reading Home Rule Charter Translation Guide separate handout. B law Committee Report - 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 Hoard of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted 4 -0 -0 to support this Article. Motion Carried ARTICLE 9: Motion made by John Arena, Board of Selectmen to Indefinitely Postpone Article 9 Motion to Indefinitely Post one Carried Motion made by John Arena, Board of Selectmen to take Article 2 from the table Motion Carried Instructional Motion made by Mary Ellen O'Neill, Precinct 4: 8.9.1 FIREARMS BYLAW, TOWN OF READING Move that Town Meeting ask the Town Manager and the Board of Selectmen to do the following: • look into how and why General Bylaw 8.9.1 was amended in 2011 and report back to Annual Town Meeting at; • investigate the history of the Timberneck Swamp and how it was designated conservation land with an island of private land in the middle of it and report back to Town Meeting at Annual Town Meeting; • determine and implement strategies that will, in the immediate future, improve the safety of nearby residents and travelers through the neighborhood of the Timberneck Swamp by, for example, clearly and visibly delineating the boundaries of this conservation land, posting "no hunting" signs on all parcels of town land, etc.; • investigate the legality of transporting any type of firearm or explosives across town land for the purposes of hunting, sporting, etc., and report back to Annual Town Meeting; and • appoint a working group to draft a revision to General Bylaw 8.9.1 that protects the rights and interests of all town citizens. Instructional Motion Carried 411 page 363 SPECIAL DOWN MEETING +:.: ,, Instructional Motion made by Charles Donnelly- Moran, Precinct 7: January 7, 2015 To see if the Town will vote to instruct the Board of Selectmen or Bylaw Committee to review the Charter and General Bylaws for gender specific language and replace such terms with modern terminology that is inclusive. Instructional Motion Carried Instructional Motion made by John Carpenter, Charter Review Committee: Move that Town Meeting extend the term of the Charter Review Committee through April 8, 2015 John Arena, Board of Selectmen moved to adjourn the 2015 Special Town Meeting sine die at 10:24 PM with 110 Town Meeting Members in attendance. Motion Carried A true copy Attest: W�k ANV-t- Laura A Gemme Town Clerk 421 Page 364 SPECIAL TOWN MEETING mom February 23, 2015 The meeting was called to order by the Moderator, Alan E Foulds, at 7:35 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 Marsie West, Board of Selectmen, it was voted to dispense with further reading of the Warrant. Motion made by Marsie West, Board. of Selectmen to dispense of the reading of all motions in their entirety. Point of personal privilege given by Thomas Ryan, Precinct 1, It was requested that the Town remove the "Handout Guidelines" from future Town Meeting Warrant Reports. ARTICLE 1: Motion made by Marsie West, 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: Bob LeLacheur made a brief comment on the Instructional Motion made by Ron D'Addario, Precinct 6 from the November 20, 2014 Town Meeting. Motion made by Marsie West, Board of Selectmen and Article 1 was tabled ARTICLE 2: Motion made by Marsie West, Board of Selectmen and Article 2 was tabled ARTICLE 3: Motion made by Marsie West, Board of Selectmen that the Town 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 21/2 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. Background: Recall that the approximate funding for the Library project is as follows: $18.4 million: Total as authorized by Town Meeting and then approved by the voters $5.1 million: State grant from the Board of Library Commissioners $13.3 million: Expected local share, as a debt exclusion Due to the timing of the state grant, paid over five years versus a shorter than expected construction period, the local share of funding was divided into two parts: $10.0 million (permanent) as soon as the construction contract was signed $5.3 million (temporary) includes extra to cover the timing of the state grant $3.3 million (permanent) once the project is closed out On Thursday January 15, 2015 the Town sold 10 -yr debt with these purposes: $10.0 million library project $4.3 million to refinance old debt for Barrows, Wood End and the partial MWRA buy -in 1 l Page SPECIAL TOWN MEETING $1.3 million for local share of West Street project February 23, 2015 The 1.499% interest rate received was quite low on this debt sale - for example remaining interest costs for the $4.3 million of refinanced debt were reduced by over $0.5 million. The town also received a large premium above the $15.6 million in par value for this debt issue, driven by Wall Street's desire to package the debt for retail income buyers. On the library portion of debt sold, the Town would like to keep the $933,541.01 in premiums received, due to the low interest cost. MA DOR requires that in order to do so, Town Meeting must vote to reduce the original authorization by the amount of this premium, such that the new authorization is $18.4 million - $933,541.01 or $17,466,458.99. Note that this is a technical change only - taxpayers will still be asked to pay the expected project costs of $18.4 million. The new financing schedule for the project becomes: $10,933,541.01 (permanent) sold on January 15, 2015 $4.4 million (temporary) includes extra to cover the timing of the state grant $2.3 million (permanent) once the project is closed out (approximate) Approving this Article locks in low financing on an additional —$1 million; failing to approve this Article will require the Town to borrow that — $1 million at the close out of the project in about two years, at an unknown interest rate cost. Finance Committee Report - coven by !Caren Herrick: The Finance Committee recommends this article by a vote of 8 -0 at their meeting on January 21, 2015. Bylaw Committee Report: No report Presentation given by: C Bob LeLacheur - See Attached 2/3 Vote Required Declared by Moderator 149 Town Meeting Members in Attendance Motion Carried ARTICLE 4: Motion made by Marsie West, Board of Selectmen that the Town 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. Background: Incoming Governor Charles Baker released an additional $300 million in funding that the legislature had already approved for local roads, via Chapter 90. This increases the Chapter 90 share for Reading from $605,869 to $908,8 03 for fiscal 2015. Last April, Town Meeting authorized the smaller amount, so additional authorization is needed in order to claim the additional $302,933. Finance Committee Report - given by Paul McNeice: The Finance Committee recommends this article by a vote of 8 -0 at their meeting on January 21, 2015. BvIaw Committee Report: No report 21 Page 366 SPECIAL TOWN MEETING Pleading Memorial Nigh School February 23, 2015 Preforming Arts Center Presentation given by: ® Bob LeLacheur - See Attached 2/3 Vote Required Declared by Moderator 149 Town Meeting Members in Attendance Motion Carried ARTICLE 5: Motion made by Marsie West, 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, or take any other action with respect thereto. Background-. This Article is included in every Town Meeting Warrant. The Reading General Bylaw states (section 6.1.3) No funds may be appropriated for any capital item unless such item is included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in which the appropriation is to be made." Bond ratings agencies also want to ensure that changes to a long -term CIP are adequately described. The following changes are proposed to the FY 2015 - FY 2024 CIP; r...e....o 0 —A FY15: $1,240,000 $1,200,000 School Facilities - modular classrooms $40,000 Improvements at Morton Field (backstop and handicapped accessible seating) FY15+ 5$38,000) ($38,000) Morton Field (part of Birch meadow complex $2.3 million future plans John F. Doherty, Ed. D. Superintendent of Schools 82 Oakland Road Reading, MA 01867 Phone: 781 - 944 -5800 Fax: 781 - 942 -9149 Reading Public Schools Craig Martin Assistant Superintendent for Learning and Teaching Martha J. Sybert Director of Finance and Operations Instilling a joy of learning and inspiring the innovative leaders of tomorrow To: Town Meeting Members From: John F. Doherty, Ed.D., Superintendent of Schools Date: January 24, 2015 Re: Kindergarten and Space Needs for 2015 -16 School Year The following memo provides background information for the Special Town Meeting Articles on the purchase of 6 modular classrooms for Killam, Joshua Eaton, and Barrows Elementary Schools. Timeline At the December 22, 2014 School Committee develop a plan for implementation of modular and address increased enrollment at the Killam, 31 Page Meeting, the Committee directed the Superintendent to classrooms to support district -wide full day kindergarten Eaton and Barrows Elementary Schools for the 2015 -16 367 SPECIAL TOWN MEETING ikeading Preforming �Memorial High School A February 23, 2015 school year. This was based on our full day kindergarten registration numbers that were finalized on December 19th and other space related issues that are described below. At the January 8, 2015 School Committee meeting, the Committee voted to request a Special Town Meeting to request funding for six modular classrooms. In discussions with the Town Manager and the Town Clerk, a proposed timeline has been developed which will culminate in a Special Town Meeting on February 23rd. The timeline is as follows: Rationale for Request The space needs are related to the following factors: • Increase in full day kindergarten over the last several years. • Increase in the number in- district special education programs over the last several years. • Incoming "population bubbles" at Barrows and Killam: total kindergarten enrollment (full and half day) is significantly increased at these two schools for 2015 -16 year. • Steady increase in enrollment at Joshua Eaton (46 students) since 2010 -11 school year. • Current "population bubble" at Eaton: Total kindergarten enrollment (full and half day) at Eaton this school year has led to kindergarten class sizes averaging 24.5 students. As this group moves to first grade next year, they will all be "full day" and we are aware of several incoming first graders who will join Eaton after attending private kindergarten. We have budgeted to add a Grade 1 Teacher at Eaton next year to bring class sizes for this group back to School Committee guidelines. • Art and Music Classrooms decreased at Barrows, Killam, and Joshua Eaton. The information below will go into more detail into the above points of emphasis. Updated Enrollment and Modular Classroom Information As a reference point for discussion, I have included Table 1, the kindergarten enrollment since the 2005= 06 school year, which is the first year full day kindergarten was implemented in the district. I have also included the current registration numbers for the 2015 -16 school year. Table 1 -Full Day Kindergarten Enrollment 2005- present 41 Page 368 SPECIAL TOWN MiIEETING February 23, 2015 Table 2 outlines the enrollment numbers for full day and half day kindergarten as of December 19, 2014, which was the registration deadline for families who wanted to be considered for full day kindergarten. Please note that we usually receive several additional kindergarten registrations between now and the start of school in September. Table 2- Kindergarten Registration (2015 -16 school year) as of December 19, 2014 Category t Barrows Birch Joshua Xillam € Wood Toital i'. Meadow Eaton End :. Holdhng Out for 2015-16 Private K © ®�© As you can see from the chart above, we currently have 227 students who have requested full day kindergarten for next year, the second highest total ever requested in our district. In addition, 25 students have notified us that they will not be attending Kindergarten in our district next year, but plan on attending either Kindergarten or Grade 1 the following year, which will add to the 2016 -17 Kindergarten and Grade 1 class numbers. Moreover, we have been unable to contact 50 families from the original census numbers, which means, based on historical data and our original census, it is possible we will reach at least 310 -320 kindergarten students for the 2015 -16 school year. There may also be students who were not on the census or who have not moved to Reading yet that are unaccounted for in our count. This means that potentially an additional 30 or more students from the current registration numbers could be added between now and September. It should be noted that we currently have 296 students registered for next year, which is one of the highest projected kindergarten enrollments that we have had by the registration deadline. Based on current data and the School Committee discussions at the December 22, 2014 meeting, the kindergarten classroom needs for the 2015 -16 school year are listed below in Table 3. Please note that this will change as enrollment numbers increase. I have included two additional columns for classrooms needed, based on 100% full day participation and anticipated kindergarten classroom needs for the next 1 to 5 years. These numbers are based on current and historical enrollment patterns. The Joshua Eaton classroom needs include an additional Grade 1 classroom for next year in order to expand the current kindergarten classroom from 3 classrooms to 4 classrooms due to high class sizes in the current kindergarten class (current class sizes are 24/25). 51 Page 369 SPECIAL TOWN MEETING Reading Memorial High - t o Preforming Arts ".'enter February 23, 2015 Table 3- Kindergarten Classroom Space Needs for 2 015 -16 and Projected 1 -5 Years Based on current known enrollment for 2 015 -16 school year I have included in Table 4 below a projection of classroom use for the next five years based upon current enrollment numbers and historical trends. I assumed in this projection that Killam and Eaton would continue to have 4 classrooms per grade, and Barrows, Birch Meadow, and Wood End would have three classrooms per grade. I also made the assumption that the 2014 -15 school year is the baseline starting point for the number of classrooms. Barrows begins at a deficit of one classroom because we are currently using an under —sized former music classroom for kindergarten, which is not counted as a regular size classroom. Table 5 summarizes all of Table 4. Table 4- Classroom Use Pro"ection for Next Five Years Please note that the charts below show only full size classrooms that are currently being used for classroom use and does not include classroom space used for art, music, PE, or special education. 2 014 -15 School Year 2 015 -16 School Year 6l Page 370 Reading Memorial High o y: Preforming E 2016 -17 School Year February 23, 2015 1= 1 1l � As you can see from the charts above, we will need a minimum of 4 modular classrooms for the 2015 -16 school year; two at Barrows and one at Joshua Eaton and Killam. We will begin to need five classrooms (2 at Barrows, 2 at Eaton, and 1 at Killam) for the 2019 -20 school year. Having six modular classrooms (two at Barrows, Eaton, and Killam) will provide adequate space for all kindergarten programs, the Grade 1 classes at Eaton, and moves music classes at Joshua Eaton and Killam from the stage to a classroom. It will also provide some swing space at Joshua Eaton and Killam if there is an unanticipated enrollment increase. 71 Page 371 SPECIAL TOWN MEETING February 23, 2015 Table 5: Net Classroom Space Needled for Gracie Level Classrooms Only (2014 -20) Funding The estimated total costs to install the six modular classrooms will be in the range of $1,000,000 to $1,200,000. One of the variables in the cost estimate will be the location of the modular classrooms at each site and the proximity to utilities such as electricity, water, and sewer. We are currently working with town officials and an architect to determine the best locations for the modular classrooms at the three sites. We are also going to factor into the estimated costs the use of an outside contractor to do site preparation work because of the number of projects that the Reading DPW will be involved with this spring and summer. Operating Costs For the 2015 -16 school year, we do not anticipate additional personnel costs with the installation of the modular classrooms. Existing kindergarten staff will be reassigned to the schools with population increases. For utility costs, we are anticipating approximately $15,000 - $25,000 per year in electricity and heating costs. The cost will be dependent on whether we will be using electric or natural gas to heat the modular, depending on the location of the modular to those utilities. We are still calculating water and sewer costs. The final cost will depend upon if we are able to use natural gas versus electric for heating the modular with natural gas being the less expensive option. Educational Impact of Modular Classroom Decision If we are able to secure the six requested modular classrooms, we will be able to ensure elementary class sizes that conform to the School Committee guidelines, offer dedicated art and music space at all five elementary schools, and continue to offer tuition -based full day kindergarten for families who request it. If we are not able to secure modular classrooms for the 2015 -16 school year, approximately 80 students will not have access to full day kindergarten at their own neighborhood schools, including Barrows, Killam, and Joshua Eaton. We will have some slots available at Birch Meadow and potentially at Wood End for full day kindergarten for those families, but not all families who request full day kindergarten will receive full day kindergarten next year. Without these modular classrooms, we will continue to have reduced art and music classroom space at Barrows, Killam, and Eaton. to accommodate increase enrollment or "population bubbles." The classroom space problem will resurface in the 2016 -17 school year if we do not purchase modular classrooms next year because the kindergarten students will be moving from half day classrooms to full day classrooms in Grade 1. For example, at Barrows, we will need to have four classrooms available in Grade 1 for the 2016 -17 school year; currently only three classrooms exist in that grade and no other classroom space is available. Without the modular classrooms at Barrows, first grade class sizes in the 2016 - 2017 school year are projected to be more than 26 students per class, well above the School Committee guidelines of 18 - 22 students in a grade 1 class. Community Impact of Modular Classroom Decision During this process we have heard from kindergarten families that some of the reasons they moved to Reading include the quality of our schools and the opportunity to access full day kindergarten in their neighborhood setting. The additional space from modular classrooms will create equitable opportunities for families to access tuition -based full day kindergarten across the district, as well as equitable class sizes for 8l Page 372 SPECIAL TOWN MEETING February 23, 2015 our K-2 students across all five elementary schools. Without the modular classrooms, we will be conducting lotteries at some of our elementary schools for full day kindergarten slots. Financial Impact of Modular Classroom Decision Not having modular classrooms next year will also have a significant financial impact on an already strained projected FY16 budget. If 80 students who are currently registered for full day kindergarten next year do not receive full day kindergarten, there will be a staffing reduction of 2.0 FTE Teachers, 2.0 FTE Paraeducators and an additional budgetary reduction of $200,000 to the FY16 budget. In addition, approximately 3011/o of our full day kindergarten students access our tuition based extended day programs, resulting in a decrease of an additional $37,000 to the budget. Therefore, the overall impact of not having modular classrooms next year will result in a decrease in the FY16 budget of up to $237,000, in addition to the $849,000 we are already reducing in the level serviced FY16 budget, as well as, a reduction of up to 2.0 FTE Kindergarten Teachers and 2.0 FTE Paraeducators. If you have any questions, please do not hesitate to contact me. Finance Committee Report- given by Paula Perry: The Finance Committee recommends the proposed amendments to the FY 2015 - FY 2024 Capital Improvements Program by a vote of 8 -0 at their meeting on January 21, 2015. Placing items in the Capital Improvement Program is a prerequisite but in itself does not authorize spending funds towards these items. For this issue, the FINCOM did suggest the full presentation be given in this Article. Bylaw Committee Report: No report Presentation given by: • Bob Lel-acheur - See Attached • Christopher Caruso • Dr. John Doherty - See Attached School Committee Christopher Caruso, Chair Good Evening Fellow Town Meeting Members, On behalf of the Reading School Committee, I thank you for your participation in this evening's meeting. Asking you to come to a special town meeting in the middle of this never ending winter was not a decision that we took lightly. We understand the inconvenience and the expense of convening our town meeting members. We thank you for being here tonight. This evening, we are presenting a plan to address space issues that exist at our elementary schools. These space issues have been caused by 3 main factors. First, our full day kindergarten program has continued to grow since its inception in 2005. Second, programmatic changes, especially in the. area of special education, have led to an increased use of space within our schools. And third, we are experiencing an enrollment bubble that is putting pressure at the elementary grades. It's important to note that our enrollment numbers, except for this recent bubble, have not dramatically fluctuated since building the Wood End School ten years ago. What has changed is the way in which we're using this space. When Wood End was built, we did not realize the importance of full day kindergarten... and ... We were also just beginning to make progress into keeping our "out -of- district" children in our schools. So, some might say that we, the School Committee, have created this situation. And they are correct. We have built an outstanding Full day Kindergarten program that increasing numbers of families are taking advantage of. 9 1 P a g e 373 SPECIAL TOWN MEETING February 23, 2015 Was I a believer in the need and value for full day Kindergarten when I joined the committee ten years ago? Honestly, 10 years ago, I was on the fence. Am I a believer today? Yes 100 %. What has changed? I've listened to educational professionals speak about its value. I've listened to our young families asking for it and willing to pay for it. I've witnessed a global society where our students need every advantage to help with their success. We have also done a great job in building our Special Education program. We have out -of- district students staying, and returning, to Reading saving thousands of dollars in tuition. Ask any family in a situation where there is a need for individualized learning and the overwhelming majority would prefer their children stay in Reading. But with these successes has. come increased pressure on our physical plants. As was the case ten years ago, we are running out of space in our elementary schools. The School Committee has been discussing this situation for the last two years. We formed an Early Childhood Education Center working group to look at possible solutions. This led to both the Woburn Street School study and the proposal for a new building along Oakland Road. Neither option ultimately proved to be the right fit for our community. There are good reasons why these options did not work. The traffic study at Woburn Street caused significant concern. The proposed location at the high school was met with concern. We also heard very clearly that parents prefer their neighborhood school over a central kindergarten building. Finally, the cost of a new building ... $30 million dollars, was not something our town meeting members were ready to approve. So, we have gone back to the drawing board looking for the right long term solution. The Committee has reformed the space needs working group continues to study alternate solutions. Tonight, we are presenting a near -term solution that we feel solves our current space issue. We see this as a near -term solution that will serve our community for 5 -10 years. During this time, we will continue looking for a more permanent answer. The solution we propose places two modular classrooms at Killam, Joshua Eaton, and Barrows. The estimated cost of the project is $1.2 million dollars with an estimated annual operating cost of $20k. We see multiple advantages with this option. First, the cost is significantly less than constructing a new building or renovating an existing structure like Woburn Street. Second, we have clearly heard a desire from families to keep children in their neighborhood schools. And finally, it gives our community time to find the right permanent solution. Dr. Doherty will present this evening on how we have arrived at this solution and the specifics around the project. After his presentation, we will be happy to answer any questions that you have. After some discussion a motion was made by Kevin Welsh, Precinct 5 to Move the Question 2/3 Vote Required 99 Voted in the affirmative 46 Voted in the negative 149 Town Meeting Members in Attendance Potion to Move the Question Carried Main Potion Carried ARTICLE 64 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 Article 4 of the Special Town Meeting of January 5, 2015— and to see if the Town will vote to raise and 101 Pale SPECIAL TOWN MEETING I- Preforming February 23, 2015 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. i. -i a.. d ` General Account Line Description Decrease Increase C99.- Capital School Facilities - modular classrooms $1.2 million Morton Field $40,000 $1,240,000 .791 - Public Safety wages Clothing allowance moved into wages due to recent IRS decision about taxability $6,000 $31,500 392 - Public Safety Clothing allowance moved into wages due to recent IRS decision about taxability $31,500 .$2,500 -expenses K91 - Public Works Clothing allowance moved into wages due to recent IRS decision about taxability $2,500 $13,800 -wages K92 - Public Works Clothing allowance moved into wages due to recent IRS decision about taxability $13,800 $1,500 -expenses Clothing allowance moved into wages due to recent IRS decision about taxability $1,500 Subtotals $45,300 $1,285,300 Net Operating Expenses $10,000 $1,240,000 From Free Cash $1,240,000 EnterRrise Funds - Wages and Expenses Account Line Description Decrease Increase W99 - Water Fund Wages Clothing allowance moved into wages due to recent IRS decision about taxability $6,000 W99 - Water Fund Expenses Clothing allowance moved into wages due to recent IRS decision about taxability $6,000 X99 - Sewer Fund Wages Clothing allowance moved into wages due to recent IRS decision about taxability .$2,500 X99 - Sewer Fund Expenses Clothing allowance moved into wages due to recent IRS decision about taxability $2,500 Y99 - Storm Water Fund Wages Clothing allowance moved into wages due to recent IRS decision about taxability $1,500 Y99 - Storm Water Fund Expenses Clothing allowance moved into wages due to recent IRS decision about taxability $1,500 Subtotals $10,000 $10,000 Net Operating Expenses $0 From Enterprise Fungi( Reserves $0 In' addition to the school capital request described in Article 5, fundraising is in place for $40,000 in improvements to Morton Field. Approximately half of the total has been raised thus far and the other half will be raised before the end of the fiscal year. All funds raised will be deposited to the general fund. Improvements to Morton Field were in the capital plan as part of a larger Birch Meadow complex, so that future portion is reduced. In addition, net neutral Town budget adjustments are made as a result of a recent IRS ruling combined with collective bargaining changes to move certain uniform expenses into 111 Page 375 SPECIAL TOWN MEETING 'keading Memorial High Schoo—' *reforming Arts Center February 23, 2015 employee wages. This change took effect during FY15, so this budget adjustment is needed for the current fiscal year, and also helpful in comparing budget changes in FY16. Finance Committee Report ° given by Mark ®ockser: The Finance Committee recommends the proposed amendments to the FY 2015 budget by a vote of 8 -0 at their meeting on January 21, 2015. Bylaw Committee Retort: No report After some discussion a vote was taken: Marsie West, Board of Selectmen moved to adjourn the 2015 Special Town Meeting sine die at 9:51 PM with 149 Town Meeting Members in attendance. A true copy ttest: Laura A Gemme Town Clerk 121 Page 376 ANNUAL TOWN MEETING Reading Memorial High School April 27, 2015 Preforming Arts Center The Precincts listed below met at 7:00 PM to conduct the following business: Precinct 1 - With a Quorum present elected Douglass Webb as Precinct Chair and Sheila Mulroy as Precinct Clerk. Precinct 2 - With a Quorum present elected Stephen L Crook as Precinct Chair and Denise Iozzo as Precinct Clerk. A vote was taken to keep Denise M Benard and Walter J Carroll as' a Town Meeting members and to remove Carol Sampson as a Town Meeting member. Precinct 3 - With a Quorum present elected Paul J Sylvester as Precinct Chair and Jane Fiore as Precinct Clerk. A vote was taken to elect Francis P Driscoll and Ricard M Nohl on a tie breaker vote from the April 7, 2015 election. A vote was taken to remove Michael Giglio as a Town Meeting member. Precinct 4 - With a Quorum present elected Glen M Hartzler as Precinct Chair and Mary Ellen O'Neill as Precinct Clerk. Precinct 5 - With a Quorum present elected Angela F Binda as Precinct Chair and Anne DJ Landry as Precinct Clerk. Precinct 6 - - With a Quorum present elected Greg F Selvitelli as Precinct Chair and Jeanne M Borawski as Precinct Clerk. A vote was taken to elect William E Ahlert and Allen H Lawrence on a tie breaker vote from the April 7, 2015 election. A vote was taken to keep Kenneth Mathew Lafferty and John M Miles as Town Meeting members and to remove Lori Ann Russo as a Town Meeting member. Precinct 7 - With a Quorum present elected John E Carpenter as Precinct Chair and John C Segalla as Precinct Clerk. Precinct 8 - With a Quorum present elected William C Brown as Precinct Chair and William J Hecht as Precinct Clerk. A vote was taken to elect Ian Charles Brown on a tie breaker vote from the April 7, 2015 election. The meeting was called to order by the Moderator, Alan E. Foulds, at 7:44 PM, there being a quorum present. The Invocation was given by Philip Pacino, Precinct 5 followed by the Pledge of Allegiance to the Flag. The Warrant was partially read by the Town Clerk, Laura Gemme, when on motion by Dan Ensminger, Board of Selectmen, it was voted to dispense with further reading of the Warrant. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of all motions in their entirety. Motion Carried ARTICLE 2: To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, 377 ANNUAL TOWN MEETING Reading Memorial High School Preforming =fin April 27, 2015 Finance Committee, Cemetery Trustees, Community Planning and Development Commission, Town Manager and any other Official, Board or Special Committee. State of the Town Dan Ensminger INTRODUCTION Mr. Moderator, Fellow Town Meeting Members, Citizens of Reading: It's a great honor and privilege to speak to you tonight about the State of the Town. There is much good news to report, but we must also talk tonight about the fiscal challenges we will face, going forward. The state of our Town is thus both positive, but guarded: • Positive, because we have a well- functioning government that is run efficiently and frugally, that has dedicated employees who work as a team with their managers, and that prides itself on maintaining a high level of service to the public. • Guarded, because storm clouds are gathering on Reading's financial future, despite having a management team that is the envy of other towns. That team, led by Town Manager Bob LeLacheur, his predecessor, Pete Hechenbleikner, and School Superintendent John Doherty, have helped us weather past financial turbulence through shrewd negotiation of health -care and special - education costs, multi -year fiscal planning, cooperative union negotiations, and an uncanny ability to underspend budgets and underpredict revenues. However, future predicted increases in certain costs not under the Town's control, threaten to create a future imbalance between services and the revenues needed to sustain them. There are three major areas I'd like to cover this evening: • A review of our key achievements as a Town in the last year, • A summary of the town's fiscal outlook, going forward, • Some options and strategies for proactively managing our future finances THE YEAR IN REVIEW Just prior to our 2014 Annual Town Meeting, Reading welcomed its new State Senator, Jason Lewis of Winchester. Reading is very fortunate . to have a strong local legislative team that also includes Representatives Brad Jones and Jim Dwyer. I must say that Senator Lewis' constituent service to Reading over the last year has been very good. He has worked proactively with Town Officials to address issues ranging from traffic hazard mitigation to the curbing of opioid abuse in our community. Welcome, Senator Lewis! As part of the annual goal- setting process for the Town Manager, the Board of Selectmen discussed and then laid the foundation for a look at the community's future in the year 2020 by holding a Department Head Retreat in mid -2014, which resulted in the formation of four Reading 2020 Working Groups. The focus of these groups is as follows: 1) Community Partners - to explore the resources available, in the community beyond those that are formally a part of town government. These resources may be leveraged in creating and /or delivering services to the community, in a public /private partnership. •2) Services and Performance Measurement - to inventory the services provided by town government to the community, and come up with ways to measure and evaluate how important those services are and if they are being delivered efficiently. This effort is meant to lead into a discussion about the Community Partners group listed above. The MAPC presented a draft Services and Performance Measurement assessment on at the Selectmen's April 14 meeting. 3) Communication - to evaluate and improve communication that is 1) internal to the organization; 2) between volunteer Boards and Committees; and 3) with the general public. A 378 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 27, 2015 major step in fulfilling this task has just been accomplished with the hiring of our first Administrative Services Director, who will also serve as our Town Ombudsman under our amended charter. 4) Strategic Planning - to study real estate projects, long term community planning, Town policies, and Town infrastructure. Excellent progress has been made to date on all of these areas. However, the magnitude of the task list above will take at least one more year to complete. Reading also concluded important Union Negotiations in 2014. Reading town employees have worked in tandem with the town for many years during the good times, and have stood with us during the bad times. During periods of austerity over the last 25 years, they have agreed to four years of salary freezes. Our Town employees are currently paying a percentage of their health -care premiums that is comparable to what is paid by many private- sector employees. I salute their spirit of cooperation, and their daily dedication to the work they do for the Citizens of Reading. In 2014 the Town Manager and his staff successfully negotiated new 3 -year contracts with each of the Town's six bargaining units. I was struck by the Town Manager's straightforward negotiating style with the unions, which was to put all cards on the table upfront, tell the unions what the town could afford, ask them about their needs and then help both sides get to 'yes'. There was a minimum of positional bargaining during the whole process by both sides. Hat's off to Bob LeLacheur and the unions for a job well done! In 2014 the Selectmen sought the services of a new Town Counsel. Four strong finalists were interviewed by the Board, and the law firm of Miyares and Harrington was selected in June. Ray Miyares has become a familiar face at Town Meeting over the last ten months, as he has helped us navigate the intricacies of a complete rewrite of our zoning bylaws and several important amendments to the Reading Home Rule Charter. We hired Ray's firm in part because of their expertise in zoning, and he proved to be a rock of support to the Zoning Advisory Committee, the Charter Committee, and Town Meeting in their lengthy deliberations over zoning and charter changes. Thanks to everyone (especially you folks out there in the seats) who took the time over the last year and several Town Meetings to slog through a lot of unglamorous, but very necessary work! Ray tells me that the Attorney General begged him not to allow Reading to have any more Special Town Meetings! The remainder of my Year in Review will summarize some of the highlight accomplishments of the various Town departments. Time only permits me to report a fraction of the numerous tasks accomplished by our Town staff in 2014, so I apologize for all those efforts I was not able to mention. In early 2014 local voters approved a second debt exclusion for the Public Library renovation and expansion project. Total project costs came in at $18.4 million, $13.4 million of which will be paid from the tax levy and about $5 million of which will be paid by a state grant. The year 2014 was spent on planning and designing both the new library building and a temporary location to be used during what was expected to be about 18 months of construction. An extensive and careful public procurement process was conducted for the temporary location, and a project manager, project architect, and finally a general contractor were hired for the renovation. The Library Building Committee and Town staff worked closely together to ensure that the final results are something the community will show off with pride for decades to come, and which will be a warm home for the world - class Library staff and their many happy patrons. In December 2014 the old Library site was turned over to the general contractor, and site work began shortly afterwards. The project is expected to be completed by early summer 2016 and, as of this writing, is both on time and on budget. Congratulations to the 379 ANNUAL ToWN MEETING April 27, 2015 Library Trustees and staff for making the temporary space so welcoming for their patrons, and getting the library renovations off on the right foot! The Department of Public Works, aka the "Colossus of Roads," has been very busy in 2014 - Our Engineering Division has been extremely active with approximately 25 ongoing projects between FY'14 and FY'15, including outside agency project oversight and inspection monitoring on West Street regarding work done by MA DOT, National Grid, and the MWRA. In addition, the town continued with its aggressive road paving program, with the paving or repair of 26 streets, construction of a new sidewalk on Vine Street, and ongoing repairs to a number of sidewalks throughout town. The long awaited paving and signalization of West Street has just begun its two -year construction schedule. The first phase of the project will reconstruct West St. from Summer Street south to Woburn Street and construction will move south from there in subsequent phases to the Woburn city line. Sidewalks, curbing, and several traffic signals will be added, and the Summer / Willow / West St. intersection will be substantially reconfigured. A reminder to Town Meeting - the state is footing 90% of the capital cost of this project. The DPW initiated a trial customer service program titled "See click Fix ", where residents can, via online or mobile applications, initiate requests for services or report on issues that need departmental attention. Items reported via "See click Fix" include potholes, missing signs, hanging tree limbs, and overgrown sidewalks. Over 100 requests were received, tracked, and completed using "See click Fix" by the end of 2014. This year the DPW and Board of Selectmen will review the efficacy of "See click Fix" and decide whether or not to subscribe to it permanently and extend it to other Town departments. After ten years of negotiations with MA DOT, the Main St. / Franklin St. intersection,. the most accident - prone intersection in the town and one of the worst in the state, was finally reconfigured in mid -2014 to add protected left -turn lanes and crosswalks. A tip of the hat goes to former Town Meeting member Fred Van Magness and to State Reps. Dwyer and Jones and to Sen. Lewis for their dogged persistence in getting this important project expedited at MA DOT. I am pleased to report that there has been a 30% reduction in reportable accidents at this intersection since these improvements were made. Finally, the DPW initiated a major water capital improvement program in 2014 that will only further enhance the towns' water quality and infrastructure for generations to come. In addition, discussions have been initiated with the Town of North Reading and the Mass Water Resource Authority (MWRA), regarding the potential of wheeling of water through Reading into North Reading. Reading's water distribution infrastructure is more than adequate to handle this project. MWRA is projected to continue its aggressive capital/ infrastructure improvement program, in hopes of this potential becoming a reality in the not too distant future - stay tuned. Not to be outdone, our Police and Fire Departments and the Reading Public Safety Dispatchers have also had a busy year. In late 2014, Sergeant Detective Mark D. Segalla was promoted to the newly created position of Deputy Police Chief. Numerous other police department badge pinnings and promotions, too many to mention in this brief report, also occurred in 2014. I must admit that these ceremonies, to me, are always the high point of any Selectman's meeting! The Police Department, led by Chief Cormier, continued to be an active member of the Reading Coalition Against Substance Abuse (or RCASA), and was awarded grant funding that enables the Department -to conduct alcohol compliance checks. In the Spring of 2014, the School Resource Officer conducted opiate prevention workshops with RCASA in all freshman Decisions classes, underage drinking prevention training in all 11th grade Health Issues classes, and promotion of "safe parties" at 11th and 12th grade student assemblies, whose goal is to reduce underage drinking. and impaired driving. .$ ANNUAL T°owN MEETING ,�eading Memorial High School ,,�:,teforming Arts Center April 27, 2015 The Police Department's Detective Division has worked closely with RCASA to be trained in the implementation of alcohol compliance checks throughout the community. Most of these checks result in 100% compliance by our local liquor licensees. However, when a local liquor store was observed by alert Reading police officers to be selling alcoholic beverages to underage teens on multiple occasions following their first offense, a complaint was lodged with the Board of Selectmen. The Board, after hearing the officers' testimony, imposed an additional 90 -day suspension on the owner. This suspension was substantially upheld by the state Alcoholic Beverage Control Commission, one of the longest liquor store suspensions ever upheld by that agency. The Reading Public Safety Dispatchers provide, through communications, a lifeline for the community, Police Officers, and Firefighters. Dispatchers receive requests for information and services, then triage those requests based on available resources, and disseminate those requests to the emergency personnel in the field. Dispatchers also greet the public entering the police station and provide a valuable service to our community. The Board of Selectmen is pleased that the FinCom has included our requested two additional Tele- Communicator positions in the FY'16 budget, which will provide greater margins of safety for all our residents. The Reading Fire Department, not to be outdone by the Police and the Dispatchers, provided what had to be one of the most heartwarming stories of 2014. Lieutenant Dwyer, Firefighters Daniel Cahoon, Paul Roy, Scott Myette and John Keough were recognized in 2014 for their creative efforts in performing an elevator rescue of a mother and two small children. The Firefighters determined the most efficient way to extricate the family would be to use two ladders. Firefighters saw that Kaelyn, a four year old child, was scared and they wanted to lessen the child's anxiety. Firefighter John Keough learned that Kaelyn was a fan of the Disney movie "Frozen" so Firefighter Scott Myette brought the music up on his iPhone and they all sang "Let it Go". to calm the girl as she was removed from the elevator. This story tells you everything you need to know about the skills and resourcefulness of our first responders and the leadership of Fire Department Chief Burns. Quietly the Finance and Administrative Services departments at Town Hall conduct the internal operational business of Town government. Working closely with the School department, they handle efficiently the intricacies of employee and retiree HR relationships. The Town's technology infrastructure is the envy of many neighboring communities as information flows readily to all departments so that effective decisions may be made. The recent borrowing for the Library's excluded debt for ten years at 1.5 %, showed the investment community's view of the financial strength of our Town's operations. In the last year our Town Clerk, Laura Gemme, has skillfully managed four elections and a record five Town Meetings. In our most recent election she reacted quickly and seamlessly to arrange for manual counting of two precincts' ballots when their primary and backup machines failed. Great work, Laura! Finally I'd like to summarize some of the key accomplishments of our Public Services Department, headed by Assistant Town Manager Jean Delios, and assisted by Community Development Director Jessie Wilson and Community Services Director John Feudo. Many of you know John Feudo as the quiet leader behind the Town's incredible Recreational programs, which are the envy of nearly every community in the state. John has been tasked with weaving his program - building skills into the areas of human /elder services, veterans, public health and recreation. Moving forward, we expect a lot of synergy among our boards and committees in these areas as we offer community -wide programs for you and your fellow residents. ANNUAL TOWN MEETING Ilm- April 27, 2015 Jean and Jessie do the work of a much larger planning department. They.were instrumental in developing Reading's new Complete Streets / Bicycle and Pedestrian Plan.—The Complete Streets concept, as sponsored by the Metropolitan Area Planning Council (MAPC), formalizes a community's desire to have streets that are safe for users of all ages and abilities. For example, Complete Streets emphasizes the needs of children to walk or bicycle to school safely, promotes safety for older adults through signal timing at intersections for safe - street crossing, and helps people with disabilities via fully accessible curb ramps at intersections. In late 2013 our Planning Division requested assistance from the MAPC with development of a Town -wide Bicycle and Pedestrian Plan. A final draft plan was presented to and adopted by the Board of Selectmen in July 2014. As part of the Bicycle and Pedestrian Plan, MAPC worked with Planning Staff to develop a Complete Streets Policy. This policy was vetted through the Parking Traffic Transportation Taskforce and adopted by the Board of Selectmen in July of 2014. Another notable Public Services project in 2014 was the start of an Economic Development Action Plan. With assistance from Professor Barry Bluestone of Northeastern University's School of Public Policy and Urban Affairs, the economic development plan began with an initial assessment known as the Economic Development Self- Assessment Tool (or EDSAT). This tool, which was executed in the spring of 2014 with a focus group consisting of members of Reading businesses and government, evaluated Reading's strengths and weaknesses as it relates to economic prosperity. Using a variety of criteria, the EDSAT measured Reading's ability to compete with other communities for potential future development. The final EDSAT report was issued in July of 2014. With this information and a better understanding of some of Reading's current economic challenges, the Planning Division requested the assistance of the MAPC to create an Economic Development Action Plan. This plan will build off of the EDSAT as well as the Priority Mapping Project which was completed in 2013. The Economic Development Action plan will focus on the four areas in Reading identified as regionally significant in the Priority Mapping Project, and determine the most suitable types of development based on a thorough and detailed market analysis. The result will be an action plan that includes development recommendations based on the market analysis, and innovative modeling that will identify the amount of commercial square footage, number of housing units, percentage of total development, etc., the site could support. This plan development is on- going, with two well- attended public forums having been held in 2015, and will be completed later in the year. THE FINANCIAL ROAD AHEAD I'm going to conclude my State of the Town talk by elaborating more fully on the issue I touched on briefly at the beginning: the guarded future state of our Town finances due to an imbalance of available revenues vs. needed services. My discussion will only be an overview of the subject: I will leave a fuller facts -and- figures discussion to the Finance Committee, who will be addressing you in a few minutes. The Town and Schools have, since the passage of Proposition 2 -1/2 in 1980, been required to do more with less. By reputation, Reading delivers both a high quality and volume of services given the funding that is available. We understand the daily challenge of improving, and if that was not ingrained upon the passage of Prop 2 -1/2, it surely is now. We use an extensive and public planning process that looks ahead several years and we adapt thoughtfully to the rapidly changing present. The planning process, combined with prudent reactions, allows us to deliver good value. Financial reserves continue to be at an all -time high. Significant ongoing investment in infrastructure has improved the condition of buildings and equipment over the past decade, which has in turn lowered operating costs. Standard & Poor's recently increased Reading's credit rating to AAA, which is higher than that of either the federal or state governments. S ANNUAL ToW N MEETING Reading Memorial High School Preforming Arts Center April 27, 2015 Employees and retirees have contributed significantly with increased out of pocket expenses in order to keep health insurance premium increases lower. Wage growth has been very modest, not even keeping pace with inflation. These savings have, in turn, led to fewer layoffs, which has allowed strong service levels during a period when the community demand for services has actually increased (as is typical in the municipal sector during an economic downturn). Staff responded well, and measures of customer satisfaction remain high. However well - managed our expenses have been in the past, the two greatest threats to balancing our future budgets are 1) cost increases outside the Town's control, and 2) an increasing reliance on property taxes for town revenues. Two of the greatest uncontrollable cost increases are those in accommodated costs such as health -care expenses, and special education expenses. The outlook for accommodated costs is difficult to forecast because of the national uncertainty on health insurance. We have it pegged at about 5% annually through FY18, which will certainly be higher than expected revenues. And while the School Department has made great strides in controlling Special Ed costs by increasing in- District offerings for students, the number of students needing Special Ed services can still fluctuate considerably and unpredictably from year to year. Future labor negotiations on salary and benefits, which are controllable, will need to respect the level of available funds. On the revenue side, communities are becoming increasingly more self - reliant on local sources of revenue. In Reading this has been driven by lagging state aid, plus the effects of one operating override and two debt exclusions over the last 12 years. Since FY'03, state aid to Reading as a percentage of overall revenues has declined from 24% to 16 %. State aid, forecast at $13.6 million for next year, would need to increase by about $6.5 million in order to regain FY03 's share of the revenues . Other local revenues have not even kept up with our property tax growth, let alone made up for any relative decline in state aid. The bottom line is that revenue growth looks to have settled in at or near the 3% level through FY18, and there are no obvious new revenue sources of any significance on the horizon. Given the 2.9% increase in available revenues and higher projected accommodated costs of 4.4 %, there is enough funding for a 2.75% increase in town and school operating budgets in FY16. This is the lowest increase in operating budgets during the last four years - these budgets averaged an increase of 3. 6% from FY13 through FY15. The Town and School budgets, even at this lower rate of increase, are able to maintain core services, but not quite level services, in the face of increasing demands. The use of several one -time sources of funding - grants on the Town side and both grants and a heavier use of offsetting revolving funds on the School side - allow for the core services to be protected for one more year. However, faced with the same revenues and accommodated costs in FY17, it appears that each side will need to make reductions to these core services a year from now, unless other cost savings are found. Reading should be proud of how the Town and Schools work together and spend efficiently. The Board of Selectmen and the School Committee are the Town's two chief policy- setting boards. It is my goal as Chairman in 2015 to work across the aisle with the School Committee to explore all possible economies of scale in combining our operations as a prelude to the FY'17 budget planning season. It is important that a good measure of progress be made in achieving such cost reductions before any measures such as an operational override are considered by the Town. This will be an open and transparent process, with ample opportunity for all stakeholders to comment. As a show of solidarity, Acting School Committee Chairman Chuck Robinson has agreed to share the podium with me at this time and add his own comments in support of this process. 383 -fkeadlng Memorial High School f-w-reforming Arts Center ANNUAL TOWN MEETING Chuck Robinson April 27, 2 015 Thank you Dan and Good Evening Mr. Moderator and Town Meeting members. As you will see Thursday night the School Committee and School Department is very thankful for the budget that will be presented to Town Meeting and we appreciate all of the discussion and collaboration that went in to forming this budget. It is imperative that we remain unified and on the same page, because nothing positive and sustainable moves forward otherwise and the community and children lose out. Surely that is an outcome no one wants to see. As Mr. Ensminger mentions, since the passage if the last Proposition 2 112 Override both the Town and the Schools have been continually asked to do more with less. This ultimately becomes an uncomfortable discussion of wants vs. needs and the fact of the matter is our ever changing society has shifted what would have previously been called wants over to the needs category. Unfortunately, societal needs and changes sometimes move faster than the process of thoughtful and thorough planning of local governments to obtain the necessary resources. Mr. Ensminger also mentions our financial reserves being at an all -time high. To expand on that I will say that the Town and Schools are very judicious in their use of reserves and this is done with great purpose and thorough and thoughtful discussion prior to doing so. I sincerely hope that gone are the days of cutting capital and maintenance spending and depleting our bank accounts to sustain day to day operations. Frankly, today's better approach coupled with good management has sustained us longer than anyone predicted at the time of the last Proposition 2 1/2 Override. I agree that Reading should be proud of the collaboration between Town and Schools staff and elected officials as it is the envy on many communities. I gladly accept the invitation to ask the school committee to evaluate and implement where appropriate any economies of scale and agree that this should commence immediately following Town Meeting as it will give us a baseline to begin FY17 budget discussions. It will have also vetted any additional savings that can be deployed elsewhere. We also need to continue and expedite the discussion of wants versus needs. If we expect the Town and Schools staff to continue to deliver the excellent product currently being offered, we as elected leaders need to lead these discussions in the community. These discussions might be difficult, but they are necessary in order to give the staffs the resources they need to be successful in making Reading great. Dan Ensminger Last year Chairman Arena and the Town Manager stated that the Town of Reading was nearing a significant decision point about the imbalance between the quality and amount of services desired versus what is sustainably affordable. As soon as we turn our attention to the FYI 7 budget planning process next summer, we will know whether the time has arrived for additional revenues, or a reduction in core services. Thank you for allowing me to serve as your Selectman, and thanks for the opportunity to speak to you tonight on these important issues. Presentation given by: ® Dan Ensminger, Board of Selectmen - See Attached On motion made by Dan Ensminger, Board of Selectmen Article 2 was tabled we ANNUAL TOWN MEETING April 27, 2015 ARTICLE 3: Move to choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Finance Committee Report, No report Bylaw Committee Report: No report Motion made by Dan Ensminger,. Board of Selectmen to table Article 3 ARTICLE 4: Move to see if the Town will vote to amend the FY2015 -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. uenerae r°una FY15: $1,557,000 $ 1.0 million Recreation: Birch Meadow field lighting (moved up from larger project in FY17) as debt $ 500,000 School Facility: RMHS Retaining wall repairs as debt (reduced by $120k) $ 34,000 DPW Car #5 Chevy Blazer (replace 2000 model) $ 23,000 Firefighter breathing air bottles & related safety face pieces (moved up from FY17) FY16: - $314,000 ($ 134,000) Town Facility: Main Fire Station roof repair project (defer to FY17) ($ 120,000) Town Facility: Town Hall roof repair project - retain only $80,000 for connector repairs ($ 60,000) Town Facility: West Side Fire Station roof repair project (defer to FY17) FY17: +$519,OOO $ 134,000 Town Facility: Main Fire Station roof repair project (from FY16) +$ 120,000 Town Facility: Town Hall roof repair project (from FY16 - now $420k total) $ 115,000 DPW Truck #10 (move up from FY19) $ 100,000 DPW Aerial Pickup Truck #14 (replaces 1994 model) $ 60,000 Town Facility: West Side Fire Station roof repair project (from FY16) ($ 10,000) Firefighter breathing air bottles (move up to FY15) FY17+ ($ 800,000) Reduce Birch Meadow field project to $1.5 million Various other changes made trnterprese tunas - vvater FY15 and FY17: _$0 No changes made W' ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center FY16: +$150,000 $ 150,000 Utility Truck #5 (move up from FY22) Y1B+ Various changes made Inter rise rungs - mewer FY15: +$600 000 $ 520,000 Batchelder Road Sewer Station (move up from FY16) $ 80,000 SCADA programming for Sewer Station projects FY16: ($4BQ,000J $ 40,000 Pickup truck #8 (moved up from FY17) ($ 520,000) Batchelder Road Sewer Station (move up to FY15) FY17. ($ 40,000) Pickup truck #8 (moved up to FY16) FY18+ Various changes made Enterprise Funds - Storm vvater FY15: $0 No changes FY16: ($25,000) +$ 100,000 General drainage improvement projects (total now $ 125,000) ($ 125,000) Eliminate purchase of new dump truck FY17: ($25,000) +$ 125,000 General drainage improvement projects (total now $ 125,000) ($ 150,000) defer Saugus River Design to FY18 FY1B+ Various changes April 27, 2015 Finance Committee Report- given by Paula Perry: The Finance Committee recommends the proposed amendments to the FY 2015 - FY 2025 Capital Improvements Program by a vote of 8 -0 -0 at their meeting on March 25, 2015. 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 March 24, 2015 voted 5- 0-0 to support this Article. Motion Carried fflu ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 27, 2015 On motion by Dan Ensminger, Board of Selectmen, it was voted that this Annual Town Meeting stand adjourned to meet at the conclusion of Special Town Meeting at the Reading Memorial High School Preforming Arts Center. Meeting adjourned at 8:40 PM with 162 Town Meeting Members in attendance. Annual Town Meeting reconvened at 10:46 PM On motion by Dan Ensminger, Board of Selectmen, it was voted that this Annual Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Thursday, April 30, 2015. Meeting adjourned at 10:46 PM with 162 Town Meeting Members in attendance. Motign Carried A true copy Attest: Laura A Gemme Town Clerk "0. ANNUAL TOWN MEETING April 30, 2015 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:38 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of all motions in their entirety. Motion made by Mark Dockser, Finance Committee to remove Article from the table. Motion Carried ARTICLE 2: To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal 'Light Board, Finance Committee, Cemetery Trustees, Community Planning and Development Commission, Town Manager and any other Official, Board or Special Committee. Finance Committee Report Mark ® ockser Thank you Mr. Moderator Mr. Moderator, my presentation may take slightly more than 10 minutes. I would ask permission to speak for about 15 minutes. Fellow Town Meeting Members, members of Town Boards and Committees, and fellow Reading residents, thank you for the opportunity to provide this update to Town Meeting. Overview: Here is a quick overview of what I will discuss this evening. The last few years have been marked by strong leadership in Reading Town Government and the School System. We are the envy of many other communities who often seek out our solutions as a model for their own. Conservative budgeting practices have worked well for us, and we have benefitted from revenues ahead of forecast and cost increases at or below budgeted levels: • Responsible management has lead to the return of unexpended funds in meaningful amounts each year • Substantial regeneration of funds have occurred complimented by conservative budgeting leading to real growth in our cash reserves to nearly 10% at the end of FY'14 and they will probably be 8 +% at the end of FY'15. This has allowed Town Meeting to Fund the Town and Schools with budgets offering, in most cases, close to level services. .. ANNUAL TOWN MEETING Reading Memorial High School April 30, 2015 Preforming Arts Center However, the situation will tighten in FY'16 and FY'17, and beyond. We anticipate budgets that will not allow for the same type of level services starting in FY'17. We will continue to recommend the use of modest amounts of our reserves to help balance the budget to avoid sharp cuts and layoffs. But we are at a decision point for services that we want and are willing to pay for. • Accommodated costs, things like healthcare inflation, which we have very little influence on, represent almost 38% of the budget are increasing at 5 +% per year while revenues have been increasing at 2.5- 3% which will create a gap starting in FY'17... • Requiring us to look at a variety of cost reducing and revenue enhancing options. After 11 years since the last Prop 2 1/2 override approved by Reading voters, this and other options all need to be on the table. New Revenue: For the past few years, our growth and regeneration has been stronger than forecast which is great. That said, we are very reliant on Property taxes for revenues. The reliance has increased from 64% in 2003 to 72% in FY'16. This has happened as state aid has decreased as a % of our needs and revenues. Local revenues have been stronger than forecast with automobile excise taxes at record high levels. These would appear to be post- recession trends that are likely to moderate in the coming years. And while they help a lot, they are not enough to move the needle by themselves. The town had the foresight to vote in a meals tax.in 2010 that has produced new revenues, and higher than had been initially thought. The many wonderful restaurants in town have been experiencing good business from Reading residents as well as enticing customers from beyond our town borders, creating a source of revenue beyond property taxes. Accomplishments: FY'15 included substantial accomplishments as Dr. Ensminger mentioned on Monday night. • We were able to leverage $5M in state funds to support our library building project. • Town Meeting earlier this year approved the purchase of Modular Classrooms to support the Kindergarten population and Space Needs • We once again funded $475,000 to the OPEB, other post- employment benefits, account. Though Finance Committee has not created a formal policy on OPEB, this will be our fourth year in a row of substantial contributions. As budgets .tighten in coming years, it will become more challenging to continue this level of contribution. • Strong financial management policies and operations along with a strong cash position led Standard & Poors to rate us AAA, the highest rating, saving us significant debt service costs in achieving an interest rate of below 1.5% for the library and other town projects. How We Have Been Able to do it... The Town has used conservative management and creative, forward thinking to achieve many efficiencies in how our services are offered. Our ability to achieve close to level funding budgets has been a result of many one time or limited time opportunities that are less likely to be replicated in the coming years. • We continue to recommend and to use $1.5 -$1.7M in free cash each year to supplement a fairly conservative budget. WE ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 • We have achieved both stronger revenue growth and substantially higher funds regeneration in the last several years, resulting in our cash reserve position actually improving. These cannot be counted on going forward, though they are most certainly quite welcome. • Relatively modest increases in health care costs in the last few years were below budget. This is likely to change going forward. For this year, we were given an increase of ONLY 8.2 % ... and we anticipate that this or a higher number are likely for the future. • The Town was awarded substantial, multi -year Federal Grant money through the schools and RCASA. • Extracurricular Activity fees have been increased and for FY'16, School Reserve accounts have been reduced to achieve our budget. FY'16: This year, Finance Committee started to look at a 2 -year planning horizon for operating budgets, to allow the Town and Schools to project and budget their expenditures over a longer window allowing for improved transparency for the community. This approach necessitated making some assumptions for both the rate of healthcare cost inflation and state aid growth, neither of which are known at the start of the budget process. This is the first year of this approach, and we did pretty well —we were very close with our estimate for the rate of increase in healthcare, and a little short on our estimate of state aid which we assumed would increase by 2.5 %. Finance Committee has sponsored a series of Financial Forums over the last several years seeking and discussing ideas on how to find new sources of revenue as well as how to manage our costs of delivering services and improve efficiency. Many of these ideas have been proposed and /or implemented, resulting in many improvements. We plan to continue these forums and welcome input. from one and all. For FY'16, it is once again the case that Finance Committee has recommended the use of $1.5 MM of Free Cash to supplement our operating budget and allow for this years close to "level service" budget. This level of Free Cash use along with the other proposals in front of Annual Town Meeting including paying for the extraordinary expenditure this year for snow and ice removal, will draw down our cash reserves but still leave us well above Finance Committee's current 5% reserve policy, probably in the 8% range. To be clear, Finance Committee is evaluating the sufficiency of 5% in reserves, and will report back to Town Meeting in the fall. Having a strong reserve buffer has served us very well in case of unexpected needs and has allowed us to keep our debt service costs very low. FY17 -FY18 Resource Squeeze: With accommodated costs, those areas like health care inflation that we cannot influence much at all, representing some 38 +% of our budget, and their rate of increase forecast to be 5 or more percent per year, our revenue growth of 2.5 -3% means that our operating budgets will be squeezed. We are doing great things with our tax dollars, but it is also important and instructive to look at what we are not doing. Both the Schools and the Town prepared a list of UNFUNDED activities that are in their presentations in the Warrant, so that you can see some of the items that are NOT currently being funded. Even with the continued use of modest amounts of free cash, the Town Manager and Superintendent have stated that they do not feel they can maintain the current level of services without a significant new revenue source in FY'17. Options: We believe it is prudent for the Town to review both the priorities as well as various options that should be considered in deciding about cuts vs. additional revenue. On Monday night, you heard the Chairs of both the Selectman and the School Committee commit to working together to address these issues. 390 ANNUAL TOWN MEETING MEM April 30, 2015 Cost controls through efficiencies have been employed well by the town, and additional opportunities need to be identified. Services and spending need to be reviewed to determine where reductions and eliminations can be made. Revenue sources can range from long term solutions like economic development, to seeking out additional limited time opportunities. We can lobby for additional state aid though the realities of the MBTA situation may limit the opportunity for this. We can also explore some other state funding mechanisms like the Community Preservation Act to understand what it could do to help us. As I shared in my overview and as both the Chair of the Selectman and the Chair of the School Committee discussed on Monday night, there needs to be consideration and discussion about an override of Prop 2 1/2. The quick poll results from Monday evening showed that 2/3 of Town Meeting believes that a Proposition 2 1/2 override will be needed, and that it should be on the April ballot in either 2016 (38 %) or 2017(28%). Reading residents last approved an operating override more than 10 years ago, in 2003/2004. Prop 2 1/2: • Proposition 2 1/2 by design forces local government to make choices in the service levels they provide, to cut when revenue is insufficient and to choose to override when the desired level of services can no longer be maintained • Since 2000, 62% of the 351 cities and town in the Commonwealth have brought 1447 overrides to voters with just over 50% passing • In the last 4 1/4 years, since 2010, 30% of the cities and towns in the Commonwealth have brought 274 overrides to the voters with —50% passing o $85k in Chilmark for participation in an Estuary Project (2012) o $8.4 MM in Newton to support Municipal and Schools (2013) • This is an important discussion and decision to be taken by the Town. Path Forward: • Reading is a Community powered by a spirit of cooperation, volunteerism • One of the most desirable places to live in MA and entire USA • Fortunate to have Boards and Committees that can work together • Many diverse groups with needs and desires for services and different abilities to pay for these services • We encourage all constituencies in town to make their needs and desires heard by Town Officials, and by our fellow townspeople who will need to vote to support these changes. • Finance Committee is Town Meeting's representative in the process o Work closely with the elected and appointed bodies of the Town and with residents o Helping to determine the fiscal prudence and level of funding proposals for a potential operating override, ideas for cost cutting and improved efficiencies, and for other new potential sources of revenue. Finance Committee - Procurement Investigation Update Mark Dockser Thank you Mr. Moderator and Town Meeting Members Last Fall, Town Meeting voted to have Finance Committee use its investigative powers to review the purchasing and specifically, disposal policies, of RMLD and Town Departments. 391 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2 015 This investigation was sparked by the revelation of some RMLD vehicles that were sold at a very low cost and were the subject of an anonymous letter to the Town Accountant questioning the practice. The RMLD rescinded the transactions and the vehicles were returned to the RMLD. In addition, the Reading Municipal Light Board took action to change the policies in question last summer. Investigations by the Town Accountant also found that there had been at least one example of asset disposal in Town Departments that merited further investigation into our policies and procedures. An independent CPA firm, Powers & Sullivan of Wakefield, was hired by Finance Committee to lead these investigations. Early this year, the firm completed its review of the circumstances surrounding the RMLD disposal of excess vehicles last summer. Powers & Sullivan found that the policy in effect at the time of the discovery of the vehicle sales was poorly written and led to procedures that were far from best practices. Their report concluded that the new policy set in place by the Reading Municipal Light Board has addressed most of the issues and offers the opportunity for best practices. They however suggest that training be performed in order to create appropriate procedures. This is now taking place. They did not find anything that led them to suggest any further action relating to disposal of these vehicles was required. Finance Committee views this part of the investigation to be complete. Powers & Sullivan findings were presented to and approved by the entire Finance Committee by a vote of 9 -0 -0 on March 18, 2015. Powers & Sullivan is now working on Phase II with all Town, Schools and RMLD to explore procurement and specifically, disposal procedures, to review and evaluate current practices. A survey was circulated to all town, school and RMLD departments to understand where disposal occurs and how it is handled. Powers & Sullivan will analyze the resulting information and based on these findings, Finance Committee will meet to discuss if further investigation is warranted. Finance Committee will provide an update on this phase for an upcoming Town Meeting. Zoning Bylaw Update Jeff Hansen - Community Planning and Development Committee Introduction Thank you Mr. Moderator, Good evening Town Meeting members and guests. Jeff Hansen, Precinct 7, but for the next 10 minutes, I will be speaking on behalf of the Community Planning and Development Commission as its current chairman. I appreciate the opportunity to provide this update to Town Meeting. The purpose of this speech is two -fold: 1. To provide a brief recap of our recently approved and implemented zoning bylaw changes 2. More importantly, to provide awareness and an update on the work the CPDC is taking on in 2015 and beyond to round out our zoning bylaw rewrite ®verview of Wnrlt rraMn1AtPd 392 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 All of the.November 2014 changes were approved by the Attorney General on March 9, 2015. Given this recent AG approval, the revised zoning bylaw has been in use for a very short period of time - roughly 6 weeks. With that said the CPDC realizes that a lot of information was reviewed by Town Meeting in November and packed in a short period of time. A commitment I make tonight to Town Meeting is to formally track, discuss and debate any feedback received regarding the bylaw changes. ZAC and CPDC are confident we evaluated multiple angles for the proposed changes. However, CPDC may have some necessary cleanup to bring to Town Meeting as we get further along into our use of the Zoning Bylaw. Furthermore, zoning is an ongoing conversation. It is never done and we will always be adjusting. It's the conversation that we have which is critical to keep our bylaw current and in line with our goals as a Town - so please share your input and feedback. Now, to the topics the CDPC is currently working through in preparation for the November 2015 Town Meeting. Our scope for November has changed from what was originally communicated in previous forums. Originally, we wanted to accomplish everything in the two right -most columns of this slide. For many reasons, we felt it best to scale this back: 1. We've heard your feedback - do not have a repeat of November 2014. Too much information. Town Meeting wants smaller chunks so it can get into the necessary details. You'll see in a few minutes that our proposed scope for November 2015 is much more manageable. 2. Timeline: The Town Manager has issued a very strict set of milestones for the inclusion of topics on the Town Meeting Warrant. We simply could not accomplish all of these topics within the confines of that timeline. With those considerations in mind, CDPC had to decide what it could take on and what it should push out. We selected to push those topics in the "Beyond..." column for specific reasons: 1. PRD /PUD: These are large sections that need to be reviewed together. Initial discussion by the CDPC revealed some wide ranging opinions. We need the time to do proper due diligence. 2. Parking: Lots of public input required. Need time allocated for that discussion 393 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 3. Signs: At the recommendation of Town Counsel, push this topic out until a case that is currently in front of the US Supreme Court is resolved. Not to mention the amount of public input. that will be required to get this right... Upcoming Work: This then takes us to the three primary areas that we are targeting to have on the November 2015 Town Meeting Warrant: 1. Update Section 1.0 - Purpose a. If you recall, this section was voted down in the September 2014 Town Meeting b. We have revisited the Purpose Section and included feedback from the Zoning Advisory Committee and Town Meeting to consider Lexington's Purpose section i. We have incorporated Lexington's simple Purpose statement while maintaining the existing set of bullets in our current Purpose statement 1. This addresses feedback from Town meeting to not change the sub - bullets 2. Plus the bullets all align to our Master Plan, so they are meaningful and reflective of our Town's goals 2. Update Section 10.3: Aquifer Protection District a. The CPDC and ZAC received extensive public feedback on this portion of the bylaw during Public Hearings and thru other channels b. We reached out to the Department of Environment of Protection to identify how we could change our bylaw in light of this feedback i. These conversations revealed that the Reading bylaw was stricter than what DEP requires ii. As a result, we have revised our regulations to be less strict - to address the extensive feedback while also staying in compliance with the DEP c. The changes include: i. Removal of residential districts from requiring artificial recharge systems 1. Rather, they can accomplish recharge using low impact technologies such as rain gardens and swales ii. We have also clarified the permitting requirements for lots within the district 3. Update Section 5.6.3: Commercial Communication Structures a. Town Counsel strongly encouraged the CPDC to revise this bylaw at the earliest opportunity. Our current bylaw does not comply with the Federal Telecommunications Act. b. Obviously, the new bylaw will comply with federal law c. It will also provide greater clarity regarding location, screening, setbacks, height, and application procedures d. We have a draft and the CPDC now needs to have discussion on some key elements: i. Who will issue the special permit (CPDC or ZAC) ii. More importantly, what the Town's "preferences" are as to where these structures can be located Next Steps: As of today, the CPDC has completed drafting the revised Purpose and Aquifer Protection District sections and Town Counsel has also reviewed. The Aquifer Protection District draft will be sent to the DEP for one final review. We have some work to do on the Commercial Communication Structures section. We'll be taking that on in our next meeting. More importantly for Town Meeting's awareness, CPDC is tentatively scheduled to hold our public hearings on these bylaw revisions on June 8th and June 29th. You're encouraged to attend those meetings and provide input. You can request drafts of these revised bylaws by contacting the Planning Department. Additionally, the Planning Department is transitioning the Zoning Rewrite website to the Reading Town's website within the. next few weeks. Keep an eye out for that. A key element of this transition is ensuring the information is well maintained and organized. 394 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Following these public hearings, the CDPC will begin digging into the topics that have been pushed out beyond November 2015. A critical piece to this body of work is public input and awareness, so we intend to spend a good deal of time on the planning of this work. Conclusion: In conclusion and on behalf of the CPDC, I'd like to thank Town Meeting for your interest, input and participation in the rewriting of Reading's Zoning Bylaw. I can assure you it is a better document, thanks in large part to your involvement. As I mentioned, please continue providing your input to the Town's Planning staff. The CPDC will discuss this input in upcoming meetings. And lastly, please attend our public hearings. Thank you for your time this evening. Presentation given by: • Mark Dockser, Finance Committee - See Attached ® David Hutchinson, Finance Committee - See Attached • Jeff Hansen, Community Planning and Development - See Attached • Kevin Sexon, Board of Selectmen - See Attached On motion made by Dan Ensminger, Board of Selectmen Article 2 was tabled ARTICLE 3: Move to choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Finance Committee Report: No report Bylaw Committee Report: No report Motion made by Dan Ensminger, Board of Selectmen to table Article 3 ARTICLE 5: Motion made by the Finance Committee that the Town vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2014, as adopted under Article 14 of the Annual Town Meeting of April 28, 2014 and amended under Article 8 of the Special Town Meeting of September 29, 2014, further amended under Article 4 of the Special Town Meeting of January 5, 2015 and further amended under Article 6 of the Special Town Meeting of February 23, 2015; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government: 395 ANNUAL T®WN MEETING Reading Memorial High School April 30, 2015 Preforming Arts Center General Fund - Wages and Expenses Account Line Description Decrease Increase B91 - Benefit wages Disability Retirement (Three Firefighters - Sewer station project (Batchelder Road) moved up from FY16 $520,000 SCADA for sewer station projects $80,000 $151,662 (new line) cost shifted from department to central Subtotals $0 $600,000 location Net Operating Expenses B99 - Benefits Retirement ($49,000) $224,000 Expenses Health Insurance Premiums $175,000 C99 - Capital DPW Car #5 Chevy Blazer $34,000 $57,000 Expenses Firefighter safety equipment $23,000 D99 - Debt Service Interest savings from refinancing $75,000 G91 - Administrative Administrative Services Director (delayed $75,000 Services Wages hiring) new G92 - Administrative Legal expenses $180,000 $215,000 Services Expenses Charter (8,500 copies mailed) $20,000 Tech nolo /Police software license $15,000 J92 - Public Safety Police Academy tuition reimbursed by $3,500 Expenses employee directly to General Fund K91 - Public Works Vacation /Sick Retirement buyback* $11,628 wages K92 - Public Works Professional Development $10,000 $50,000 expenses Shade Trees $2,000 Fuel $62,000 K93 - Public Works Snow & Ice removal $850,000 snow & ice (reduced by $50k K94 - Public Works Street Lights $25,000 street lights K95 - Public Works Rubbish Disposal $75,000 Rubbish L92 - Library Library Long Range Plan $40,000 Expenses T99 - Town Facilities Natural gas expenses $50,000 Subtotals $524,000 $1,378,790 Net Operating Expenses $854,790 * From Sick Buyback stabilization fund $11,628 From Inspections Revolving Fund $140,000 From Free Cash $703,162 Enterprise Funds - Wages and Expenses Account Line Description Decrease Increase X99 Sewer Sewer station project (Batchelder Road) moved up from FY16 $520,000 SCADA for sewer station projects $80,000 $600,000 Subtotals $0 $600,000 Net Operating Expenses $600,000 From Sewer Reserves $600,000 396 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Finance Committee Report - given by Peter Lydecker: The Finance Committee recommends funding the proposed expenses in this Article as shown by a vote of 8 -0 -0 at their meeting on March 25, 2015. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: ® Bob Lel- acheur - See Attached After some discussion a vote was taken: 2/3 Vote Required Declared by Moderator 150 Town Meeting Members in Attendance Motion Carried ARTICLE 6: Motion made by Board of Selectmen that the Town vote to transfer One hundred and fifty thousand ($150,000) dollars received from the Commonwealth of Massachusetts, pursuant to Section 9 of Chapter 40R of the Massachusetts Genera/ Laws, in payment for development within the Town's Smart Growth Zoning Districts from Free Cash into the Smart Growth Stabilization Fund. Background: The Town of Reading has received an additional $150,000 payment from the State for the 40R Smart Growth project at Reading Woods. This Article will move the $150,000 from Free Cash and into the 40R Stabilization Fund, which will therefore have a $503,000 balance. Prior 40R funds have been allocated to school technology and roadway and sidewalk improvements, but no use of offsets are planned as part of the FY16 budget. Finance Committee Report ® given by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: ® Sharon Angstrom - See Attached After some discussion a vote was taken: 2/3 Vote Required Declared by Moderator 150 Town Meeting Members in Attendance 397 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center Motion Carried April 30, 2015 ARTICLE 7: Motion made by the Board of Selectmen that the Town vote to appropriate the sum of Five hundred and fifty one thousand ($551,000) dollars to the irrevocable trust for "Other Post - Employment Benefits Liabilities ". Back�,tgL und: As part of the FY15 budget the town voted $475,000 in the general fund, $50,000 in the water fund, $20,000 in the sewer fund and $6,000 in the storm water fund for the Other Post Employment Benefit (OPEB) contributions. Although savings from health insurance premiums are available, this year they are needed to help pay for the snow and ice budget deficit so no further contributions are proposed. This Article will therefore move the total of all these OPEB contributions ($551,000) to the irrevocable trust for Other Post Employment Benefit liabilities. The OPEB valuation as of June 2013 shows the Town's OPEB liability at $67.2 million. The three Enterprise Funds and the Light Department are on an aggressive fully funding twenty year schedule, and the General Fund is on a partial funding schedule projected over thirty years. The latter will transition to a full funding schedule as soon as possible, as is required by law or after the Pension Fund is fully funded in FY28. Finance Committee Report - given by Anne Johnson Landry: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: • Sharon Angstrom - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 8: Motion made by the Board of Selectmen that the Town vote to accept the provisions of Section 1 of Chapter 901 of the Massachusetts Genera/ Laws, to allow the Town to participate in the Complete Streets Certification Program, and to apply for and receive grants pursuant to said program Background: Article 8 seeks approval from Town Meeting to allow the Town to access Complete Street Funding under Section 1 of Chapter 90 -I of the Massachusetts General Laws, including applying for and receiving grants in association with identified complete streets projects. The Board of Selectmen adopted Reading's Complete Street Policy on July 29, 2014, making the community eligible for "Certification" under the Complete Streets Program. Once certification is received, the Town will then be eligible to apply for grants and /or funding under Section 1 of Chapter 90 -I of the Massachusetts General Laws to implement Complete Streets Project, provided however, that Town Meeting has accepted this statute. .; ANNUAL ToWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 A "Complete Street" is a street that accommodates all users including drivers, bicyclists and pedestrians. It allows for pro- active planning to ensure that a right -of -way is constructed or reconstructed to provide for safe travel for everyone in a manner that is specific to that particular situation. Some examples of complete street elements include: • Pedestrian: Sidewalks, crosswalks, curb neckouts, curb ramps, retimed pedestrian signals, audible signals, median refuges; • Bicyclists: Bicycle lanes, cycle tracks, sharrows, wide shoulders; • Streetscape: Improved lighting, streets trees, plantings, trash receptacles, street furniture; • Traffic calming: Narrowed travel lanes, rotaries, bow outs, tight curb radii, speed humps, rumble stri ps; • Shared roads, multi -use paths; • Improved signage. Reading already has many complete street elements and several are located right in the downtown. Here are some examples of complete street elements in Reading: Note that Reading stands a solid chance of receiving grant funding as our Complete Streets Policy was ranked in a sixth place tie across the entire country, as reported by the National Complete Streets Coalition. Finance Committee Report ° niven by Paula Perry: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. 399 Reacting Memorial High School Preforming Arts Center Bylaw Committee Report: Board of Selectmen Report: 0 -0 to support this Article. ANNUAL TOWN MEETING April 30, 2015 No report The Board of Selectmen at their meeting on March 24, 2015 voted 5- Presentation given by: Jessie Wilson - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 9: Motion made by Barry Berman, Board of Selectmen to Indefinitely Postpone Presentation given by: Bob LeLacheur - See Attached Motion to Indefinitely Postpone Carried ARTICLE 10: Motion made by the Board of Selectmen that the Town vote to authorize the Town Manager to enter into a contract or contracts for the acceptance, processing or disposal. of its municipal solid waste, including any extension; renewal or option under an existing contract, for a term in excess of three years, upon such terms and conditions determined by the Town Manager to be in the best interests of the Town; or take any other action with respect thereto. Background: Subsequent Town Meeting in November 2005 authorized the Town Manager to enter into a contract for this purpose exceeding three years but not twenty years. The final deal struck a few months later involved a five -year contract with a five -year renewal, which expires on July 1, 2016. The current rubbish and recycling collection contractor is in the process of putting together proposals for both five and ten years, with additional renewal options. While rubbish and recycling contracts are not subject to typical state procurement laws, the current climate in the industry is more competitive than it was ten years ago. As a result the Town may decide to issue a formal request for competitive quotes from any qualified parties instead of renewing with the current contractor. The final determination will be made by the Town Manager in consultation with the Board of Selectmen. Factors for this decision will include level and quality of service in addition to short -term and long -term cost considerations. The required first step is for Town Meeting to grant permission to enter into any contract longer than three years. Finance Committee Report - given by Mark Dockser: Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report X11 At their meeting on March 25, 2015 the ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: 9 Jeff Zager - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 11: Motion made by the Board of Selectmen that the Town vote to amend Section 8.8 Animal Control of the General Bylaw in the following manner: 8.8 Animal Control Pursuant to the authority set forth in M.G.L. Chapter 140, Sections 136A -137E, inclusive, and any other relevant statutes and regulations issued pursuant thereto, 147A the following bylaw is enacted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions As used in this bylaw, the following words and terms have the following meanings: 8.8.1.1 Animal Control Appeals Committee (ACAC) The "bearing Authority," as that term is defined in M.G.L. Chapter 140, Section 136A, charged with the responsibility of handling dog complaints, pursuant to M.G.L. Chapter 140, Section 157. 8.8.1.2 Animal Control Officer (ACO) A person designated appointed by the Town Manager who is authorized to enforce this Bylaw and M.G.L. Chapter 140, Sections 136A -174E, inclusive. 8.8.1.3 Dangerous Dog A dog that either; (a) without justification, attacks a person or domestic animal causing physical injury or death; or (b) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. 8.8.1.4 Effective Voice Control To be under effective voice control, the animal must be within the owner's or keeper's sight and the owner or keeper must be carrying a leash and the animal must refrain from illegal activities. 8.8.1.5 Euthanize An order by the Animal Control Appeals Committee (ACAC) that a dangerous dog be euthanized in accordance with M.G.L. Chapter 140 and the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.1.6 Keeper A person, business, corporation entity or society, other than the owner, having possession of a dog. Reading, ineluding but net limited te the 401 ANNUAL TowN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 8.8.1.7 Kennel Four or more dogs, six months of age or older, kept on a single property, whether for breeding, boarding, sale, training, hunting, companionship or any other purpose. "Kennel" includes commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. 8.8.1.8 Kennel License A special license issued to a kennel, which allows payment of a single fee covering all dogs in the kennel; with the kennel license, the kennel owner receives a special kennel tag for each dog in the kennel. 8.8.1.9 License A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner or keeper of each dog residing in Reading and worn by the dog securely fixed to its collar or harness. 8.8.1.10 License Transfer The registration issued to a dog already licensed in another U.S. jurisdiction, after the dog moves into the Town of Reading. 8.8.1.11 License Period An annual period, from January 1 through December 31. 8.8.1.12 Muzzling Using a device that fits over a dog's mouth and prevents it from biting, but that does not cause any injury or interfere with the vision or respiration of the dog that wears it. 8.8.1.13 Nuisance Dog A dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has threatened or attacked livestock, a domestic animal or person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances. An animal that repeatedly vielates Seetien 8.8— 8.8.1.14 Permanent Restraint An order issued by the Animal Control Appeals Committee under Section 8.8.5.3 requiring a dangerous dog's keeper to restrain it. 8.8.1.15 Restraint Limiting, restricting, or keeping an animal under control by means of a physical barrier (e.g., a leash, substantial chain or line, visible or invisible fence). 8.8.1.16 Running at Large A dog is running at large if it is not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, or on a leash, or under effective voice control (i.e., within the owner's or keeper's sight and the owner or keeper is carrying a leash). 8.8.1.17 Temporary Confinement Order An order issued by the ACO pursuant to Section 8.8.4.4 authorizing or requiring the temporary housing of an animal. 8.8.1.18 Temporary Restraint Order "I ANNUAL ToWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 An order issued by the ACO under Section 8.8.4.3.-2 requiring the dog's owner or keeper to restrain nuisance dog or suspected dangerous dog for thirty (30) days. An invisible fence will not be considered temporary restraint for a suspected dangerous dog. 8.8.1.19 Other Meanings Any word or term defined in M.G.L. Chapter 140 Section 136A and not otherwise defined here, is incorporated by reference. 8.8.2 Vaccination, Licensing and Fees 8.8.2.1 Three or fewer dogs License and vaccination requirements All dogs six months and older, while residing in the Town of Reading, must have a license from the Town Clerk. To obtain or renew the license, each dog owner or keeper must annually present proof of a current rabies vaccination. When a veterinarian determines that vaccination is inadvisable, the owner or keeper may present a veterinarian's certificate exempting an old or sick dog from vaccination for a stated period of time. New Dogs Within thirty (30) days of acquiring a dog six (6) months of age or older, each dog owner or keeper in Reading must present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Puppies Within six (6) months of a puppy being born, each dog owner or keeper in Reading must present proof of that puppy's current rabies vaccination and obtain a license and dog tag from the Town Clerk. New Residents A new resident who owns a dog six (6) months of age or older must license it within thirty (30) days after moving into Reading. The Town Clerk will issue each dog a transfer license upon the owner's or keeper's surrender of a current license from another U.S. jurisdiction and proof of current rabies vaccination. The transfer license is valid until the next regular licensing period. Lost Tags and Replacement Tags Dog owners and keepers must replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. Tag exemptions for dog events and medical reasons: • A dog while actually participating in an official dog sporting or dog fancy event (if the event sponsors do not allow participants to wear tags) is exempt from the requirement that its license tag be affixed to its collar, provided its owner or keeper has the tag at the event and available for inspection by the ACO. • When a veterinarian determines that a dog cannot wear a collar for medical reasons, the dog is exempt from wearing a tag until it recovers, from the requirement that its license tag be affixed to its collar, provided its owner or keeper has the tag in his or her possession and available for inspection by the ACO. Annual Renewal Dog owners and keepers must renew each dog license annually. The annual licensing period runs from January 1 through December 31. 403 ANNUAL'ToWN MEETING April 30, 2015 License due Date and Late Fee The application form for obtaining, renewing or transferring a license shall be available to each household no later than December 31 each year. Dog owners and keepers must return forms and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls on Friday, Saturday, Sunday or legal holiday). Any license renewed after this date is overdue, and the owner or keeper must pay a late fee as determined by the Board of Selectmen in addition to the license renewal fee. The overdue license fee and the late fee may be added to the owner's or keeper's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the dog owner or keeper, pursuant to M.G.L. Chapter 40 Section 58. License Fees The fees for licensing each dog shall be determined by the Board of Selectmen. The fees shall differentiate between neutered or spayed dogs, and non - neutered or non - spayed dogs. The fee for neutered or spayed dogs shall be.less than the fee for non - neutered or non - spayed dogs. There is no fee for a dog license for service dogs as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No fee shall be charged for a license for a dog owned by a person aged 70 years or over. 92.8.2.2 Four or .> .og License and Vaccination Requirements Anyone who owns or boards four or more dogs within the Town of Reading must apply for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to medical boarding by any licensed veterinarian practicing in the Town of Reading.) To obtain or renew the license, the kennel licensee who is also the owner or keeper of the dogs must present proof of current rabies vaccinations for each dog older than six months in the kennel. When it is off the kennel property, each dog in the kennel must wear a kennel tag, issued by the Town Clerk, affixed to its collar or harness. Kennel licensees who offer temporary boarding services must obtain valid proof that each dog in the kennel that is older than 6 months has received a current rabies vaccination which proof must be maintained in accordance with 8.8.2.1 bullet one herein. New Dogs and New Puppies The kennel licensee who is also the owner or keeper of the dogs must report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition, show proof of current vaccination, and obtain a kennel tag for that dog: The kennel licensee must show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. Inspection Process Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector must inspect the proposed kennel, file a report on the inspection, and favorably recommend that the kennel meets all the following requirements: • The location of the kennel is appropriate for housing multiple dogs. • The location of the kennel on the property will have no significant adverse effect on the peace and quiet or sanitary conditions of the neighborhood. • The area provided for housing, feeding, and exercising dogs is no closer than twenty (20) feet to any lot line. • The area provided for housing, feeding, and exercising dogs is no closer than fifty (50) feet to any 'existing dwelling on an abutting lot. • The kennel will be operated in a safe, sanitary and humane condition. Records of the numbers and identities of the dogs are properly kept. NMI ANNUAL TOWN MEETING April 30, 2 015 ® The operation of the kennel will be consistent with the health and safety of the dogs and of the neighbors. Periodic Inspections Before a kennel license is renewed, and at any time they believe it necessary, the ACO and /or the Health Division may inspect any kennel. If the ACO or the Health Division determine that the kennel is not being maintained in a safe, sanitary and humane condition, or if the kennel records on the numbers and identities of the dogs are not properly kept, the ACO will report the violations to the Animal Control Appeals Committee (ACAC) for a hearing on whether to impose fines or revoke the kennel license. Kennel Review Hearings Within seven (7) business days after receiving the ACO's report of violations, the ACAC will notify all interested parties of a public hearing to be held within fourteen (14) days after the notice date. Within seven (7) business days after the public hearing, the ACAC shall either revoke the kennel license, suspend the kennel license, order compliance, or otherwise regulate the kennel. Penalties Any person maintaining a kennel after the kennel license has been denied revoked or suspended will be subject to the penalties in Section 8.8.7 of this bylaw. Annual Renewal Each kennel licensee must renew the license annually at the Town Clerk's Office. The annual licensing period runs from January 1 to December 31. License Due Date Kennel license renewal forms will be sent to each licensed kennel no later than December 1 each year. Kennel licensees must return forms and fees to the Town Clerk by January 15 (or the first business day thereafter, if the 15th falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to the license fee. The overdue license fee and the late fee may be added to the licensee's tax bill or may be recovered through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40 Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority to license and inspect kennels in the Town of Reading. (Fees The fees for licensing each kennel shall be established by the Board of Selectmen. Incorporation The following provisions of M.G.L. Chapter, 140 are expressly incorporated herein: Section 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. 8.8.3 Conduct of Animals 8.8.3.1 Endangering Safety No animal owner or keeper shall allow it's animal to bite, menace or threaten, all without provocation, so as to endanger the safety of any person, domestic animal or livestock provided such threat or attack was not a grossly disproportionate reaction under all the circumstances. This section is not meant to preclude an animal from acting as a watchdog on its owner's or keeper's property. 405 ANNUAL TOWN MEETING Reacting Memorial High School Preforming Arts Center April 30, 2 015 8.8.3.2 Disturbing the Peace No animal owner or keeper shall allow the animal to disturb the peace of any neighborhood by making excessive noise without provocation. Noise is excessive if it is uninterrupted barking, yelping, whining, or howling, causing damage or other interference that a reasonable person would find disruptive to one's quiet and peaceful enjoyment for a period of time exceeding 15 minutes. Or, by excessive barking or other disturbance, which is a source of annoyance to a sick person residing in the vicinity. This section is not meant to preclude a dog from acting as a watchdog on its owner's or keeper's property. 8.8.3.3 Damaging Property No animal owner or keeper.shall allow the animal to damage public or private property or realty. 8.8.3.4 Running at Large When not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, an animal must be on a leash or may be under effective voice control in locations noted below. To be_under effective voice control, the animal must be within the owner's or keeper's sight and the owner or keeper must be carrying a leash. 8.8.3.5 Voice Control in Place of Leash Control Allowed A dog shall be under voice control when within the Town Forest or on Conservation lands. 8.8.3.6 Public Gatherings - Leash Control Only An animal may be at any public gathering not otherwise specified in this bylaw only if it is on a six -foot or shorter leash and the animal must refrain from illegal activities. 8.8.3.7 School Grounds Animals are not allowed during school - leash control only at other times. Unless the school Principal gives permission in advance, no animal may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the animal may be on school grounds only if it is on a six -foot or shorter leash. An animal is not violating this prohibition if it remains within a vehicle. 8.8.3.8 Exception for Assistance Animals (service animals) Section 8.8.3.4 does not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.9 Chasing No animal owner or keeper shall allow the animal to chase a person, motor - powered vehicle, human - powered vehicle, or animal drawing or carrying a person. 8.8.3.10 Dog Litter Every dog owner or keeper is responsible for expeditiously removing any dog feces the dog deposits anywhere except on its owner's or keeper's private property, on other private property with the property owner's permission. This provision does not apply to any assistance dog or service dog while it is performing its duties. 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of M.G.L. Chapter 140 Sections 151 and 151A to carry out the provisions of this bylaw and to perform such other duties and responsibilities as the Town Manager or his designee may determine. M, ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 8.8.4.2 (duties The ACO's duties shall include but not be limited to the following: • Enforcement of the Town of Reading Animal Control bylaw and relevant State regulations. • Explanation of bylaw violations. • Notification to the owner or keeper of unlicensed dogs. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO shall issue aan erdeFef Ttemporary Rrestraint Order to the owner or keeper of any animal that is a nuisance or that is awaiting a decision under Section 8.8.6 as to whether it is dangerous. Atf- er-deF-e€ Ttemporary Rfestraint Order is an order that the animal must be confined to its owner's or keeper's property when not on a six (6) foot or shorter leash or may be ordered to be sheltered at a local kennel or veterinarian facility at the animal owner's or keeper's expense; muzzling will be at the ACO's discretion. It shall be in force for no more than thirty (30) days unless the ACO renews it in writing for subsequent thirty (30) day periods. The ACO shall rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The animal's owner or keeper can petition the Animal Control Appeals Committee (ACAC) under Section 8.8.5.2 to rescind theer-dz,= eT Temporary Restraint Order. 8.8.4.4 Issuance of a Temporary Confinement Order The ACO may make arrangements for the temporary housing of any animal that is to be confined under the provisions of this bylaw and may issue an Temporary Confinement Order authorizing such temporary housing. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns, and shall be at the animal owner's or keeper's expense. 8.8.4.5 Complaint Resolution The ACO shall investigate all written complaints arising within the Town pertaining to violations of this bylaw and try to mediate disputes between Town residents complaining that a dog owned or kept in Town is a nuisance dog or a dangerous dog. 8.8.4.6 Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all animals held in custody and of all bite cases reported, and the results of investigations of the same. The ACO shall maintain a telephone log of all calls regarding animals and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee (ACAC) 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee is comprised of three Reading residents, none of whom can be employees of the Town, appointed to three -year overlapping terms by the Board of Selectmen. The ACAC will annually select a member to serve as the Chair. At least one of the three members must be a dog owner. 8.8.5.2 Right to Appeal When the ACO has investigated a complaint regarding an animal's behavior and has issued a finding -er ewer- ef--Temporary Restraint Order or a Temporary Confinement Order with which either the animal's owner or keeper or the complainant disagrees, then either party may appeal by sending a written request to the Town Clerk within ten (10) business days after issuance of the ACO's decision. Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on the appeal within fourteen (14) days, at which the dog owner or keeper, the complainant, and the ACO must appear. 8.8.5.3 Findings and (Further Appeals 407 ANNUAL TOWN MEETING Reading Memorial High School Preforming 7- i The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the ACO's temporary order deeisien and shall mail its ruling to the animal owner or keeper, complainant, and ACO within three (3) business days after the public hearing. 8.8.5.4 Hearings The ACAC shall hold public hearings and make decisions on any dangerous dog declaration under Section 8.8.6 or a nuisance dog declaration under Section 8.8.7. 8.8.5.5 Further Appeals An appeal from an order or decision of the ACAC may be made by either the Owner or Keeper or Complainant within 10 days at the Woburn District Court. 8.8.6.1 Declaring a Dog Dangerous A dog that either; • without justification, attacks a person or domestic animal causing physical injury or death; or • behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal may be declared dangerous by the ACAC. An exception may be made for a puppy (animal under six (6) months old) that draws blood, or for a dog that attacks or bites an unaccompanied domestic animal on the dog owner's or keeper's property. 8.8.6.2 Procedure for Declaring a Dangerous Dog Upon the written complaint of the ACO, any other public safety agent, or upon the petition of individual the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog dangerous and, if so declared,. what remedy is appropriate. 8.8.6.3 Exceptions No dog shall be deemed dangerous: • Solely based upon growling or barking or solely growling and barking; • Based upon the breed of such dog; or • If such dog was reacting to another animal or to a person and such dog's reaction was not grossly disproportionate to any of the following circumstances: • Such dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; • The person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of such dog; • The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking such dog; or • At the time of such attack or threat, the person or animal that was attacked or threatened by such dog had breached an enclosure or structure in which the dog was kept apart from the public and such. person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to a gated, fenced in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing. 8.8.6.4 Remedies Upon its finding that the dog is dangerous, the ACAC shall order one of the following remedies: permanent restraint or euthanasia in accordance with the American Veterinary Medical Association Guidelines on Euthanasia. ,m. ANNUAL TOWN MEETING ,keading Memorial School Preforming April 30, 2 015 A Permanent Restraint Order is an order that the dog must at all times while on its owner's or keeper's property be kept within the owner's or keeper's house or a secure enclosure. The secure enclosure shall be a minimum. of five (5) feet wide, 10 feet long, and five (5) feet in height, with a horizontal top covering the entire enclosure; shall be constructed of not less than nine (9) gauge chain link fencing; the floor shall be not less than three (3) inches of poured concrete; with the bottom edge of fencing embedded in the concrete; shall be posted with a clearly visible warning sign including a warning symbol; must contain and provide protection from the elements; and shall comply with all applicable building codes and with the Zoning Bylaws of the Town of Reading. In addition, the owner or keeper of the dog shall annually provide proof to the Town Clerk of a liability insurance policy of at least One Hundred Thousand ($100,000) Dollars for the benefit of the public safety; and whenever removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. /A Euthanasia Order is an order to take the life of the dog by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia. 8.8.7 Nuisance Animal 8.8.7.1 Declaring a Dog to be a Nuisance An animal that repeatedly violates Section 8.8.3 of this bylaw may be declared a nuisance dog by the ACAC. 8.8.7.2 Procedure for Declaring a Dog to be a Nuisance Upon the written complaint of the ACO, any other public safety agent, or upon the petition of individual the Animal Control Appeals Committee (ACAC) shall hold a public hearing, after which it will determine whether it should declare a dog to be a nuisance dog. The ACAC may further order that the owner or keeper of such dog take remedial action to ameliorate the cause of the nuisance behavior. 8..8.8 Penalties 8.8.8.1 Fines Any animal owner or keeper who maintains a kennel after the kennel license has been denied, revoked or suspended, or who fails to obtain a kennel license;. and any animal owner or keeper who fails to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as determined by the Animal Control .Appeals Committee, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.8.2 Reimbursement of Costs If the Animal Control Officer confines a dog and the animal owner or keeper does not pay all fees directly to the kennel or veterinary clinic, then the dog's owner or keeper must reimburse the Town of Reading for any expenses incurred in boarding that dog. If the dog has not been licensed, the owner or keeper must obtain a license and pay any applicable late fee before the dog can be released. 8.8.8.3 Penalties for Violating Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of restraint orders. 8.8.9 Miscellaneous 8.8.9.1 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may also be enforced by non - criminal disposition in accordance with the provisions of ,1. ANNUAL TOWN MEETING April 30, 2015 Section 1.8 of this bylaw, and M.G.L. Chapter 40 Section 21D. The penalty for such violation shall be X300 for each offense Each day or part thereof shall constitute a separate offense. or take any other action with respect thereto. Background: A previous Town Meeting voted to change this section of the general bylaws. However, there was a caution issued by the Attorney General's office about the appeals process in this bylaw. In addition, underlying state law on animal control has been in the process of changing, which is why we hesitated to bring this back to Town Meeting. Our new Town Counsel has been working with the AG's office and we have developed a two -step plan to remedy the AG's caution and to conform to the underlying state law changes. The first step is the proposed wording changes cited in this Article above, which will at a minimum satisfy the AG's office in the short term. Some changes include the following: 8.8.1.1 An added definition for the Animal Control Appeals Committee with proper citation of state law; 8.8.1.2 The addition of state law citation in the section about the Animal Control Officer; 8.8.1.6 The addition of a definition for a Keeper. Note that this term is added throughout several following sections; 8.8.1.13 A revised definition of a Nuisance Dog; 8.8.1.17 An added definition for a Temporary Confinement Order which is then used in some sections that follow. The second step will be a streamlined and revised version of this Bylaw completed by Town Counsel no later than the 2016 Annual Town Meeting. This process will include at least one Public Hearing by the Board of Selectmen to solicit input from the community on proposed substantive changes, if any. As revised above the bylaw will be acceptable to the AG's office and will not be in conflict with state law - but all are in agreement that we can provide a much improved version with the second step. Finance Committee Report: No report Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 4 -0 -0 at their meeting on March 24, 2015. Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: Bob LeLacheur - See Attached After some discussion a vote was taken: 410 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 3 00 2015 ARTICLE 12: Motion made by Board of Selectmen that the Town vote to amend the General Bylaws by inserting a new Section 3.3.1.6 as follows: 3,3.1.6 Appointment of Associate Members All boards and committees appointed by the Board of Selectmen may have Associate Members. The provisions of this section shall be applicable to all Associate Members of such bodies except as otherwise provided. The number of Associate Members on a board or committee shall not exceed two- thirds (2/3) of the number of regular members on that board or committee. Associate Members shall serve for a one (1) year term. Associate Members shall be appointed by the Board of Selectmen. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular matter that comes before a board or committee, the chair of such board or committee may designate one or more Associate Members to deliberate and vote on any matter before the board or committee. If more than one Associate Member is available to fill a temporary vacancy, the chair shall designate the Associate Member having the greatest tenure on the board or committee; provided, however, that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. or take any other action with respect thereto. Background:Special Town Meeting in January 2015 indicated a desire to defer further details about Associate Membership to a future General Bylaw discussion, and to leave the language in the Home Rule Charter broad on this topic. Without such a new General Bylaw all Associate memberships will expire on June 30, 2015. The proposed language above is meant to be a starting point for discussion at Annual Town Meeting. While the Moderator will rule on individual amendments that are offered on the floor, he has indicated that this beginning language should allow for a wide ranging discussion. The Board of Selectmen will discuss this issue further at their meeting on April 14, 2015, and may develop a motion for Town Meeting as a starting point in the discussions. Finance Committee Report: No report Bylaw Committee Resort ° given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 4 -0 -0 at their meeting on March 24, 2015 as it appeared in the warrant. The Bylaw Committee did not vote on the motion as it is presented. Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: ! Bob LeLacheur - See Attached Motion made by Angela Binda, Precinct 5 as follows: 411 ANNUAL T®WN MEETING ikeading Memorial .: r. ... Preforming is Center April 30, 2015 Associate MengbeF having the greatest tenure en the beard er eemn9ittee; previded, , that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. Counted Vote 62 Voted in the affirmative 68 Voted in the negative 150 Town Meeting Members in Attendance Motion made by Ron D'Addario, Precinct 6 as follows: The number of Associate Members on a board or committee shall not exceed two - thirds (2/3) of the number of regular members on that board or committee. Associate Members shall serve for a effe-{3j two (2) years term, so arranged that as nearly an equal number of terms as possible shall expire each year. Associate Members shall be appointed by the Board of Selectmen. After some discussion a vote was taken: Motion Carried as Amended ARTICLE 13: Motion made by William Brown, Precinct 8 to Indefinitely Postpone Bylaw Committee Report e given by Steve Crook: The Bylaw Committee recommends this Article by a vote of 0 -2 -2 at their meeting on March 24, 2015. Motion to Indefinitely Postpone Carried ARTICLE 14: Motion made by the Board of Selectmen that the Town vote to authorize the Board of Selectmen to enter into a lease for a term not to exceed ten years, with the additional authority to extend the lease at its conclusion for a single additional term not to exceed ten years, allowing the use of Town land located at Auburn Street, in the Town of Reading, more particularly shown on Reading Tax Assessor's Map 114 as Lots 12, 25 and 26, to the winner of a competitive bid and to any additional winning co- locator bidders, selected pursuant to Chapter 30B of the Massachusetts 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. Background: Repairs to the water storage tank on Auburn Street have involved the current cell companies as they need to temporarily relocate their equipment in order for the Town to perform the improvements. The Town's property is of insufficient size to accommodate temporary cell facilities during the tank improvements and the cell companies have agreed to a shared staging platform during the repairs and subsequent repainting. The companies have also agreed to a revised equipment mounting system that will eliminate the access and safety issues that now exist and eliminate the conflict of cell 412 ANNUAL TOWN MEETING gm- �.. April 30, 2015 equipment on future tank repairs performed by the Town. In the discussions to prepare for this arrangement, an. additional carrier not on the tank is willing to share these costs in exchange for space on the newly renovated water storage tank. Note that by law the Town may negotiate the lease fees associated with such cell towers, but may not negotiate the rights of the cell companies to locate their equipment, provided there is enough space. In the past, leases were structured as an initial five -year term with three subsequent five -year terms. Each was a level payment for the term of the lease and then a 15% increase for the subsequent lease term (or about +2.8% /year compounded). In order to achieve the best financial deal for all involved, we will issue an RFP for all interested cell companies. In general the cell companies would like the longest lease possible in order to allow them to amortize their relocation costs over that period, so we need authorization from Town Meeting to exceed three years. The RFP is likely to include terms similar to what has been done in the past and described above, with an emphasis of this asset as a revenue source. Finance Committee Report - given by Paul McNeice: Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Resort: No report Board of Selectmen Report - given by Steve Crook: on March 24, 2015 voted 5 -0 -0 to support this Article. Presentation given by: • Bob LeLacheur - See Attached After some discussion a vote was taken: Motion Carried At their meeting on March 25, 2015 the The Board of Selectmen at their meeting ARTICLE 15: Motion made by the Board of Selectmen that the Town vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine. Department Item Year Est. Value Comments DPW International 2554 /Truck #8 2000 $20,000 Runs, cracked frame DPW /Water Ford F550/Pickup #5 2002 $15,000 Runs, 4x2 DPW Ford F450/Dump Truck #12 1997 $5,000 Fair, body rot DPW Ford F250 /Picku #2 1997 $3,000 Poor, body rot DPW Chevy Blazer /Car #5 1997 $11000 4.31- Engine DPW Select Till Rototiller nil May not work DPW Holder V -Plow 4150 nil DPW McConnel Boom Flail nil DPW D nahoe Bucket nil DPW Craftsman 10" Radial Saw 1980 nil DPW FMC John Bean Sprayer nil Motor missing arts 413 ANNUAL T®WN MEETING Memorial o o Preforming April 30, 2015 Department Item Year Est. Value Comments DPW DMT Generator nil Does not run DPW Wayne Roy Backhoe Bucket nil Police Crown Vic /Car #2 2011 <$2,000 90k miles Police Crown Vic /Car #9 2004 <$2,000 80k miles Police Crown Vie /Car #11 2011 <$2,000 100k miles Police Crown Vic /Car #14 2011 <$2,000 100k miles Fire Freightline Pumper /Engine #3 1995 $18,000 Finance Committee Report - given by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: ® Sharon Angstrom - See Attached After some discussion a vote was taken: ARTICLE 16: Motion made by the Board of Selectmen that the Town vote to appropriate the sum of Four hundred twenty -two thousand ($422,000) dollars for the purpose of making extraordinary repairs and /or replacement of sanitary sewer collection systems, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Town Manager; and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(1) of the Massachusetts General Laws, or any other enabling authority; and to see if the Town will authorize the Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said sanitary sewer improvements; and to authorize the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article. Background: The MWRA`s Infiltration and Inflow (I /I) Local Financial Assistance Program provides support to MWRA member communities to perform sewer rehabilitation to minimize excess flows due to infiltration and inflow into the sewer system. In previous years the Assistance Program provided financial assistance to member communities through a combination of a 45% grant and a 55% low- interest loan. MWRA has revised the program for the current Phase 9 and future Phase 10. The financial assistance for these two phases will be allocated to member communities in the form of a 75% grant and a 25% low- interest loan. MWRA Assistance • The assistance is provided through a combination grant and low- interest loan MIDI ANNUAL TOWN MEETING April 30, 2015 • Phase 8 Allocation balance $71,000 (45% grant; 55% low- interest loan) • Phase 9 Allocation is $844,000 ($633,000 grant; $211,000 low- interest loan) • Phase 10 Allocation is $844,000 ($633,000 grant; $211,000 low- interest loan) • Loan pay back to the MWRA - equal installments up to a ten year period beginning one year after distribution of the funds Acceptance of the grant /loan offer will enable the Town to continue with its I/I removal program to remove unwanted sewage flows from the sewer system which reduces excess assessments from MWRA and decreases the excess demand on the sewer system. The anticipated project for this Phase will be to perform manhole rehabilitation, spot repairs, lining and replacement of sewers. Infiltration occurs when surface water enters sewers through leaks, cracks and faulty joints in pipes and manholes. Inflow is caused from storm water runoff that enters the sewer system through improper connections such as cross connected drains, roof drains and sump pumps. Since. the inception of MWRA's Assistance Program the Town's I/I removal program has consisted of the following types of projects: • House -to -house inspections o The house -to -house inspections identify inappropriate direct connections (inflow) to the Town's sewer system with the purpose of assisting residents with identifying methods to remove the connections. The Town also provides limited financial assistance to the homeowner. • TV inspections, testing and sealing of manholes and sewer mains o TV inspections and the testing and sealing of manholes and sewer mains allows the Town to internally inspect sewer mains and manholes to with the purpose of identifying and eliminating points of infiltration into the sewer system. • Sewer system smoke testing o Smoke testing of the sewer system is a method of identifying points of infiltration or inflow into the sewer system where visual or TV inspection access is not possible • Spot repair, lining and replacement of sewers o Spot repairs, lining and replacement of sewers are performed when damage to the sewer system is not repairable or cost effective through internal sealing. • Flow metering, spot gauging and dye testing o Flow metering, gauging and dye testing is performed to assist the Town in determining the areas of the sewer system that are experiencing the highest levels infiltration and inflow. Flow metering also assists in determining how affective the Town has been in mitigating I/I for the past several years. • Sewer System Data management o Project updates the Town's GIS sewer database to incorporate historic closed circuit inspection data and enable future closed circuit inspection sewer system data. The resulting data will be used to assess future capital project needs and to perform asset management of the system. Finance Committee Report ®cliiven by Mark Dockser: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. By-law Committee Report:No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. 415 ANNUAL 1 oWN MEETING Reading Memorial High School April 30, 2015 Preforming Arts Gender Presentation given by: ® Bob LeLacheur - See Attached 2/3 Vote Required Declared by Moderator 150 Town Meeting Members in Attendance 1•: •' l K ARTICLE 17: Motion made the Board of Cemetery Trustees that the Town vote to appropriate the sum of Two Million ($2,000,000.00) dollars for the purpose of constructing a Cemetery garage and related facilities, including site preparation, construction, originally equipping and furnishing said facilities and all other costs incidental thereto including the costs of architectural, engineering and construction services, inspection and costs of financing in connection therewith; and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(20) of the Massachusetts General Laws, or any other enabling authority; and to authorize the Facilities Department and /or the Town Manager in consultation with the Permanent Building Committee to proceed and enter into any and all contracts and agreements necessary therefore and incidental thereto, including without limitation, contracts for architectural, engineering and construction services and to do all other acts and things necessary and proper for carrying out the provisions of this vote. Background: At present the Capital plan includes a total of $3.0 million in future debt beginning in FY17 to address the cemetery and DPW garage space. Funding for studies of each portion were provided by past Town Meetings, and the Board of Cemetery Trustees has been very patient first through some procurement issues in the Facilities department which slowed early progress and then a disappointing pace of work during the past year under DPW's supervision. One year ago a presentation was made to the Board of Selectmen to consolidate both operations in the current DPW location. While the presentation was a good one, no cost estimate was included. Finally last summer initial cost estimates of $18 to $20 million were received and instructions were given to streamline that early design in order to significantly reduce costs. Several months later updated design and cost updates suggested little change to the early estimates. Meanwhile the Board of Selectmen has been meeting in Executive Session during the past several months in order to discuss a few real estate issues that concern the town. Details must remain confidential for now, but one of the issues is the best location for a DPW garage. The current location was satisfactory when a landfill was a neighbor, but clearly today this is not the highest and best use of the property in the midst of the best commercial development area in town. Conditions at the current Cemetery garage are certainly below standard, and there is a standing offer from the Town Manager that if employee safety is ever a concern that an immediate move to consolidate in the current DPW garage will be made on a temporary best - efforts basis. Along these lines the Town Manager certainly appreciates the concerns of the Board of Cemetery Trustees, however it is his recommendation that the entire DPW siting issue - including the location of the cemetery division - be turned over to the Permanent Building Committee and that they work collaboratively with the Board of Selectmen and the Finance Committee. This issue is significant to the community not only from a cost but from a future tax revenue standpoint. 416 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center April 30, 2015 Board of Cemetery Trustees Report: The present building in Laurel Hill consists of the original structure plus four sections that were attached to the building when it was purchased along with land in 1924, and another section that was added in the 1950s. At that time (the 1950s) there were only two cemeteries in Reading. Almost all of the burial and maintenance was done manually; few winter burials took place. Over the years the equipment has gotten larger, and much heavier. At present one of the newest trucks will not fit into the building and must stay outside. A cube has been rented to free up space, making it safer for the employees to work. Some equipment is stored at the DPW because of lack of space. Employees take breaks and eat their lunch in a cramped machine repair and tool storage area. Simply put, the building is worn out and long past its useful life. Unless Town Meeting is willing to spend $22.4 Million to consolidate all DPW operations at New Crossing Road —a move the Town consultant Weston and Sampson strongly discouraged after several years of study —the Cemetery Trustees ask you to approve the funding to build a new Cemetery maintenance building. This building will be built to code, be safe for Cemetery employees to use, and provide them with basic amenities such as a separate lunch room. Finance Committee Report ® given by mark ®ockser: At their meeting on March 25; 2015 the Finance Committee voted 0 -8 -0 to recommend this Article. The committee believes that a town wide assessment is needed in looking at buildings and facilities for DPW, Cemetery and other potential needs. The Permanent Building Committee is the correct place for this type of assessment to take place and then report back to the Town on proposed actions. Bylaw Committee Report: No report Presentation given by: William Brown, Board of Cemetery Trustees - See Attached Motion made by Dan Ensminger to refer the Article to Committee, referring to the Permanent Building Committee. Motion to Refer does not Carry Motion made to move the question 2/3 Vote Required 94 Voted in the affirmative 21 Voted in the negative 150 Town Meeting Members in Attendance After some discussion a vote was taken: 2/3 Vote Required 56 Voted in the affirmative 57 Voted in the negative 150 Town Meeting Members in Attendance 417 ANNUAL TOWN MEETING April 30, 2015 On motion by Dan Ensminger, Board of Selectmen, it was voted that this Annual Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Monday May 4, 2015. Meeting adjourned at 11:27 PM with 150 Town Meeting Members in attendance. Motion Carrie! A true copy Attest: \OA6'�Z4� Laura A Gemme Town Clerk . • ANNUAL TOWN MEETING xeading Memorial -kreforming Arts Center May 4, 2015 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:38 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of all motions in their entirety. ARTICLE 18 Motion made by Board of Selectmen that the Town 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 ". Background: Chapter 140 of the Acts of 2001 authorized the Town of Reading to establish a separate fund known as the Affordable Housing Trust Fund (AHTF). The AHTF requires Town Meeting approval of an annual allocation plan submitted by the Board of Selectmen. AHTF expenditures require approval by a majority vote of the full combined membership of the Board of Selectmen and the Reading Housing Authority. AHTF uses include: ® Create or preserve affordable housing; ® Maintain or operate affordable housing; ® Develop new or rehabilitate existing housin.g as affordable homeownership or rental units; The purpose of the Affordable Housing Allocation Plan is to provide a framework for the Town to expend funds on affordable housing. The current AHTF balance of $260,720.85 reflects revenue generated through the actions of the CPDC, as well as proceeds from the loss of an affordable unit. There are no Town tax generated funds in the AHTF. The only expenditure to date from the AHT was $200,000 to assist Oaktree development with financing affordable housing at 30 Haven Street. At the 2012 Annual Town Meeting, approval was given for funding to hire a consultant to assist a Town staff initiative to update the Town's Housing Plan, including the five -year "Housing Production Plan ". This effort is important as a defense against unfriendly 40B developments in the community, and requires the Town to develop a phased plan to produce housing to reach the 10% threshold as required by MGL Ch. 40B. Reading's Housing Production Plan has been approved by the Board of Selectmen and by the Commonwealth of Massachusetts. The Town commissioned and received a supplemental report on how the AHTF can best be used to support the "Planned Production" goals of the Housing Plan. This report was presented to the Board of Selectmen and the Reading Housing Authority in April 2013. The report recommended a significant restructuring of the Town's AHTF efforts. The Board of Selectmen considered these recommendations, but decided against any changes. Therefore, the current recommendation is to adopt the AHTF Allocation Plan as shown below as the framework for the use of Affordable Housing Trust Fund in FY 2016. Note that Reading as the lead community is part of a regional effort (along with North Reading, Wilmington and Saugus) to share a Regional Housing Services Officer (RHSO). The RHSO monitors and administers affordable housing requirements including tracking and updating the Subsidized Housing Inventory (SHI) as well as maintaining ready buyer and ready renter lists. 419 ANNUAL TOWN MEETING Reading Memorial High School Preforming May 4, 2015 Affordable Housing Trust Fund Allocation Plan FY 2016 Pursuant to Article 18 of the 2015 Annual Town Meeting, an Affordable Housing Trust Fund Allocation Plan for the Fiscal Year 2016 in accordance with the provisions of Chapter 140 of the Acts of 2001 is as follows: Available Balance - Unrestricted Funds: $260,720.85 Available Balance - Restricted Funds $0 Unrestricted funds shall be used for the following purposes: 5% up to a maximum of $10,000 for administration of Affordable Housing Remainder for constructing affordable housing (including loan and grant programs); or for maintaining and improving affordability of existing housing stock; or for the purchase of existing housing stock to add it to or maintain it as a part of the existing affordable housing inventory Finance Committee Report - given by Paul McNeice: At their meeting on March 25, 2015 the Finance Committee voted 7 -0 -1 to recommend this Article. FINANCE COMMITTEE Member Craig Merry abstained in order to avoid the appearance of a professional conflict of interest. Bylaw Committee Report: No report Board of Selectmen_Reporte The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: ® Jean Delios - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 19: Motion made by Board of Selectmen that the Town vote to authorize revolving funds for certain Town Departments under Section 53E 1/2 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 Account Spending Authority Revenue Source Allowed Expenses Expenditure Limits Year End Balance Conservation Conservation Fees as Consulting and engineering $25,000 Available for Commission , Commission provided for in services for the review of expenditure Consulting Reading designs and engineering next year Fees General work for the protection of Bylaws Section wetlands. 5.7, Wetlands Protection 420 ANNUAL TOWN MEETING Reading Memorial High School Preforming Arts Center May 4® 2015 Revolving Spending Revenue Allowed Expenditure Year End Account Authority Source Expenses Limits Balance Inspection Town Manager Building, Legal, oversight and $200,000 Available for Revolving Plumbing, inspection, plan review, expenditure Fund Wiring, Gas initial property appraisals next year and other and appeals, Public permits for the Services general Oaktree, management, curb Addison- sidewalks and pedestrian Wesley/ safety improvements, Pearson and records archiving and other Johnson project related costs. Woods developments Public Health Board of Health Clinic fees, Materials and costs $25,000 Available for Clinics and charges and associated with clinics and expenditure Services third party public health programs next year reimbursement S Library Library Director Charges for Acquire Library materials to $15,000 Available for Materials and Trustees lost or replace lost or damaged expenditure Replacement damaged items next year Library materials Mattera Cabin Community Rental Fees Utilities and all other $10,000 Available for Operating Services Director maintenance and operating expenditure expenses next year Town Forest Director of Public Sale of timber; Planning and $10,000 Available for Works upon the fees for use of Improvements to the Town expenditure recommendation the Town Forest next year of the Town Forest Forest Committee or take any other action with respect thereto. Background: The revolving funds established in this article are subject to annual renewal by Town Meeting. Conservation Consulting Revolving Fund - These funds are used to receive payments from applicants, hire expert consultants where required, and return the balance to the applicant. There was no activity in the Conservation Consulting Revolving Fund during Fiscal Year 2015. The balance as of March 7, 2015 remains at $0. InsRections Revolving Fund - Beginning in 2004, Town Meeting approved the Inspections Revolving Funds as a way to deposit building and other permit fees from three large projects (the Oaktree, Pulte Homes and Johnson Woods developments). During the year under the direction of the Town Manager these funds are allowed to be used directly for purposes of plan review, inspections, legal expenses, initial property value appraisal and appeals, and general management of the Public Services department operations related to three developments as well as for the construction of curbs, sidewalks and pedestrian safety improvements and records archiving and management. The balance available as of March 7, 2015 in this fund is $782,110, and of that total $60,000 is proposed by the 421 ANNUAL TOWN MEETING Reading Memorial High School May 4, 2015 Preforming Arts Center Town Manager to be used to help offset some of these related activities in the FY16 Public Services budget, as has been the case for several years and is planned for a few more years. This year the Town Manager is requesting that Town Meeting authorize the remainder of the $200,000 annual spending limit (or $140,000) to be used under Article 5 to help offset the snow & ice removal deficit during the current year. Note that while the Town Manager is subject to the spending restrictions above, Town Meeting may vote to spend these funds 'for any lawful purpose'. Health Clinic Revolving Fund - The Reading Health Division contracts for third party payments for a number of immunizations. The funds are used to augment the influenza vaccine supply from the State _ Department of Public Health to insure vaccine for the homebound clients and first responders. The Division also uses these funds for materials for other screening clinics. Clinic client fees are also deposited into this fund to offset vaccine and clinical supply costs. The balance available as of March 7, 2015 this fund is $60,584. The State has been cutting back on the free flu and other vaccines to be distributed to cities and towns, and the Town therefore needs to purchase extra doses. The necessary amounts used for clinic vaccine, supplies and staff salaries related to the clinics each year directly from the revolving fund is therefore approximately $25,000. Library Materials Replacement Fund - During the course of a year, the Library recovers funds from patrons who have lost or damaged books or other materials. Previously, those funds went into the Town's General Fund and at the end of the year went into Free Cash. Once this Revolving Fund was adopted (beginning in FY 2010), those funds recovered from patrons . for lost or damaged materials were available directly to the Library for expenditure to purchase replacement materials and processing supplies. The balance available as of March 7, 2015 in this fund is $8,316. Mattera Cabin Operating Fund - The log cabin on the Mattera conservation land was purchased several years ago, and was renovated by the Vocational School. Some of the use is revenue generating, and it is anticipated that over time the site will generate enough funding to pay the operating costs of the cabin - primarily utilities. This Article allows those revenues that are generated to be used directly for the operating expenses of the cabin. The balance available as of March 7, 2015 in this fund is $1,533. /mote that due to a recent change in the Classification system that establishes Town government staff positions, a friendly amendment to change the position title from Recreation Administrator to Community Services Director will be offered, Town Forest Revolving, Fund - was created in 2011. The purpose is to allow revenues from controlled timber harvesting and permit fees to then be spent by the DPW Director upon the recommendation of the Town Forest Committee, on improvements to the Town Forest, including planning efforts. The Town Forest Committee has had a forest stewardship plan created (through a grant) to make recommendations on forest management including controlled timber harvesting. The balance available as of March 7, 2015 in this fund is $0. It is anticipated that timber harvesting on a limited basis could begin at any time, and therefore there will be future proceeds which can be used for the purposes of the revolving fund. Finance Committee Report - given by Peter Lydecker: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Rel2ort: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Presentation given by: 422 ANNUAL TOWN MEETING Xeading Memorial High School Preforming ® Sharon Angstrom - See Attached Motion Carried May 4, 2015 ARTICLE 20 Motion made by the Finance Committee that the Town raise by borrowing, or from the tax levy, or transfer from available funds, and appropriate the sum of: $97,110,208 for the operation of the Town and its Government for Fiscal Year 2016, beginning July 1, 2015. Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item B99 (Benefits): $15,050,744 to be provided as follows: Line B99 - $1,500,000 from Free Cash; $300,000 from Overlay and the balance from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item C99 (Capital): $2,201,000 to be provided as follows: Line C99 - $100,000 from the Sale of Real Estate Fund and the balance from property taxes, State aid and non- property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item D99 (Debt): $4,525,000 to be provided as follows: Line D99 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item E99 (Vocational Education): $490,350 to be provided as follows: Line E99 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item F99 (Finance Committee Reserve Fund): $150,000 to be provided as follows: Line F99 - from property taxes, State aid and non - property tax local receipts 423 ANNUAL TOWN MEETING ; Ff, ♦, , May 4, 2015 Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item G91 (Administration Services Wages): $1,216,700 and Line Item G92 (Administration Services Expenses): $1,239,200 to be provided as follows: Lines G91 and G92 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item H91 (Public Services Wages): $1,194,100 and Line Item H92 (Public Services Expenses): $368,200 to be provided as follows: Lines H91 and H92 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item I91 (Finance Wages): $603,565 and Line Item I92 (Finance Expenses): $142,200 to be provided as follows: Lines I91 and I92 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item 391 (Public Safety Wages): $9,165,775 and Line Item.392 (Public Safety Expenses): $376,750 to be provided as follows: Lines 391 and J92 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item K91 (Public Works Wages): $2,403,800 and Line Item K92 (Public Works Expenses): $883,050 to be provided as follows: K92 - $25,000 from the Sale of Cemetery lots to support Cemetery expenses; and the balance of Lines K91 and K92 from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item K93 (Public Works - Snow & Ice Expenses): $625,000; Line Item K94 (Public Works - Street Lighting. Expenses): $210,000 and Line Item K95 (Public Works - Rubbish Collection & Disposal Expenses): $1,538,000 to be provided as follows: Lines K93, K94 and K95 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item L91 (Library Wages): $1,130,569 and Line Item L92 (Library Expenses): $300,600 to be provided as follows: 424 ANNUAL. TOWN MEETING Reading Memorial High School May 4, 2015 Preforming Arts Center Lines L91 and L92 - from property taxes, State aid and non- property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item S99 (School Department): $41T350-,G43 $41,425, 043 to be provided as follows: Line S99 - from property taxes, State aid and non - property tax local receipts There was some discussion for Line S99 Motion made by Ben Tafoya, Precinct 4 to increase S99 by $75,000 Motion to amend Carried Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item T99 (Town Facilities): $777,977 to be provided as follows: Line T99 - from property taxes, State aid and non - property tax local receipts Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item W99 (Water Enterprise Fund): $5,211,075 to be provided as follows: Lines W99 - $150,000 from Water Reserves and the balance from user fees and other charges Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item X99 (Sewer Enterprise Fund): $5,570,710 to be provided as follows: Line X99 - from user fees and other charges Move that the Town approve and appropriate the proposed FY 2016 Budget as presented for Line Item Y99 (Storm. Water Enterprise Fund): $385,800 to be provided as follows: Line Y99 - $35,000 from Storm Water Reserves and the balance from user fees and other charges Move that the Town approve and appropriate the proposed FY 2016 Budget, exclusive of State and county $97,110,20& assessments: $97,185,2 08 • Representing the total of all motions made under Article 20 as amended • Funds are to be provided as set forth in said motions as amended 425 ANNUAL TOWN MEETING Reading oriall High r i ; Preforming Arts Center May 4, 2015 Finance Committee Report ° given by Mark Dockser: Please see the Yellow Pages - Spending Scorecard of this document for the votes by the Finance Committee for line items in the FY 2016 budget. The Finance Committee recommends the subject matter of Article 20 as explained by these votes at their meeting on March 25, 2015. Bvilaw Committee Rel?ort: No report After some discussion a vote was taken: 2/3 Vote Required 137 Voted in the affirmative 2 Voted in the negative 146 Town Meeting Members in Attendance ARTICLE 21: Motion made the Board of Selectmen that the Town vote to accept and expend such sum of money as may be available to the Town pursuant to Chapter 90, Section 34 of the Massachusetts General Laws as reimbursement for the costs of repair, construction, maintenance or preservation of the Town's roads and bridges and other related costs that qualify under the State Aid Highway Guidelines adopted by the Massachusetts Department of Transportation; and to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in anticipation of such reimbursement, in accordance with Chapter 44, Section 6 of the Massachusetts General Laws. Background: Incoming Governor Charles Baker released an additional $100 million in funding that the legislature had already approved for Chapter 90 (local road repairs), bringing the FY15 total to $300 million or a bit over $900,000 for Reading. However, the Governor recently filed for a total of only $200 million for FY16, bringing the local share back down to about $600,000. The motion made at Town Meeting will be to accept the Chapter 90 state assistance at whatever level is ultimately available, a trend in other communities in order to avoid this uncertainty and volatility. Finance Committee Report - given by Marc Moll: At their meeting on March 25, 2015 the Finance Committee voted 8 -0 -0 to recommend this Article. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 5- 0-0 to support this Article. Motion Carried 2/3 Vote Required Declared by Moderator 146 Town Meeting Members in Attendance 426 ANNUAL TOWN MEETING Reacting Memorial High School May 4, 2015 Preforming Arts Center ARTICLE 22: Motion made by the Board of Selectmen that the Town 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. Background: The Reading Home Rule Charter provides for the removal by Town Meeting of Town Meeting Members who did not attend at least half of the Town Meeting sessions during the previous year. There have been a total of six Town Meeting sessions and a total of 13 nights to attend, and there are 19 members who meet the criteria for removal, as listed below. The remaining Town Meeting Members from Precincts 2, 3, 4, 6, 7 and 8 will be asked to meet in a caucus before this Article is taken up, and to evaluate the particular circumstances of each of these situations for the listed Town Meeting members within their precinct. The affected precincts will then make a recommendation to Town Meeting as to whether the member should be removed. Lori Ann Russo Finance Committee Report: No report Bylaw Committee Report: No report 2016 0 Motion made by Stephen Crook, Precinct 2 Chair to amend the list of Town Meeting members as shown in chart above. Motion made by Paul Sylvester, Precinct 3 Chair to amend the list of Town Meeting members as shown in chart above. Motion made by Greg Selvitelli, Precinct 6 Chair to amend the list of Town Meeting members as shown in chart above. 427 ANNUAL TOWN MEETING Reading Memorial High School May 4, 2015 Preforming Arts Center On motion by William C Brown, Precinct 8 Article 3 was taken off the table Instructional motion made by William C Brown, Precinct 8 that the facilities department take over the repairs of the Cemetery building in the Laurel Hill Cemetery as of July 1, 2015 r? Instructional motion made by Mark Dockser, Precinct 1 that the neminating eeffifflittee appointing authority for the Permanent Building Committee immediately recruit members to the committee. Further move that the Permanent Building Committee set their first priority to be a review of the needs and potential solutions to resolve the physical space needs of the cemetery department and bring back a recommendation or a report of the best solution and a capital request to be presented to Subsequent Town Meeting 2015. Motion Carried Dan Ensminger, Board of Selectmen moved to adjourn the 2015 Annual Town Meeting sine die at 9:58 PM with 146 Town Meeting Members in attendance. Lotion Carried A true copy Attes : CAA- Laura A Gemme Town Clerk • SPECIAL TOWN MEETING April 27, 2015 The meeting was called to order by the Moderator, Alan E. Foulds, at 8:40 PM, there being a quorum present. The Warrant was partially read by the Town Clerk, Laura Gemme, when on motion by Dan Ensminger, Board of Selectmen, it was voted to dispense with further reading of the Warrant. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of all motions in their entirety. Motion Carried ARTICLE 1: .Motion made by Dan Ensminger, Board of Selectmen and Article 1 was tabled ARTICLE 2: Motion made by John Halsey, Board of Selectmen and Article 2 was tabled ARTICLE 3: Motion made by John Arena, Board of Selectmen and Article 3 was tabled ARTICLE 4 Motion made by Dan Ensminger, Board of Selectmen that the Town vote to appropriate the sum of one million ($1,000,000.00) dollars for the purpose of 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, and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(25) of the Massachusetts General Laws, or any other enabling authority; 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. Background: A Master Plan for the Birch Meadow Complex was drafted in 2008 and approved by the Board of Selectmen in 2009. Town Meeting subsequently approved funding in the Capital Plan to begin in FY15. Approximately two years ago, a discussion with the Board of Selectmen concluded with a'changed approach that the Recreation Committee would revisit the Master Plan and make comments and suggestions before any funds were expended. The project start date was pushed out beyond FY15 on the capital plan. Last fall the Recreation Committee and Town staff began discussing the Master Plan in detail and one change evident to all was that the fields would not need to be shifted slightly. This represented a substantial cost avoidance compared to what had been proposed previously. This decision then made the 429 SPECIAL TOWN MEETING f ♦ 7 ! +'U V 1 Preforming Arts Center April 27, 2015 Birch Meadow Complex project divisible into two phases - field lighting in the near term and the remainder of the project to follow. The first phase of the project is the subject matter of this Article, which is a request to install newer energy efficient field lighting for the entire Complex at an expected cost of $1.0 million. The second phase will begin with a community -wide survey by the Recreation Committee later this spring. The results of the survey will be discussed at public meetings with the Recreation Committee and the Board of Selectmen, and the community should expect to see the rest of the Birch Meadow Complex Master Plan within the next year. Town Meeting may see an Article at 2016 Annual Town Meeting to complete this last phase of the project. The field lighting phase will encompass five fields as shown in the picture below. Note the photo is old - taken before the tennis courts were completed. Right away we shall admit to needing some creativity in field naming, but currently two of the fields ( "Lighted Softball Field" and "Turf 2 ") are lit, with 'old' lighting technology: The field lighting portion of this project could be said to have two main components: community impact and recurring cost. From a community impact standpoint, the increased hours of field illumination are estimated to add 3 -5 hours per day for the three unlit fields, or the equivalent of adding 1.5 more fields to the existing Birch 430 SPECIAL TOWN MEETING April 27, 2015 Meadow Complex. This estimate assumes that hours of use are not extended beyond their current limits, but simply that more fields are available deeper into the evening. This additional field time will be a huge positive step towards meeting unmet recreational demands from our residents, which are substantial. Growing the availability of team sports and activities is consistent with the efforts of the Reading Coalition Against Substance Abuse to provide alternatives and opportunities to engage the students and young adults in the community. The Board of Selectmen will schedule a spring 2015 neighborhood meeting if this Article is approved in order to review the field lighting project details, answer all questions and hear any concerns. Parking, traffic, light spillage and other impacts will be discussed. If the community has an appetite to expand the current night -time hours of field use, that will be considered. Note that modern lighting design features very low light leakage and as one can see from the picture above, this should have negligible impact on abutters and neighbors. There is expected to be no impact on Conservation land, but Conservation staff and the Commission as needed will be consulted before the project begins. From a cost standpoint, it should first be noted up front that Recreation is not a profit - seeking enterprise. Recall that revolving funds are meant to draw in just enough revenues to reasonably pay the costs. All Recreation expenses are paid directly by the revolving fund during the year and at fiscal year end the revolving fund turns back about $75,000 to $100,000 to the general fund, an amount purposefully below the remaining wage and benefit costs of Recreation staff in order to provide a low -cost service to the community. On the financing side, soiling project debt for ten years will add approximately $15,000 in annual interest costs. Note that participants are directly charged the cost of field lighting, so there is no additional operational cost to the town for adding new lighting. For the participants using the two currently lit fields, there is an estimated total combined energy savings of about $10,000 annually. Field revenues are currently estimated to be $55,000 during the year. The addition of extra field availability should increase field hours purchased by at least 15 %. The Recreation Committee has already discussed raising fees to help cover the cost of the first phase of the project. This is only possible indirectly since fees do not currently fully support all costs. Note that it is affordable by current night -time participants as they will get a break in lower lighting costs. Following is a chart that combines these two impacts on revenues, as reviewed at a recent Board of Selectmen meeting. It is not difficult to see this project paying for the extra $15,000 costs described above. SCENARIOS FOR INCREASE OF FEES AND PARTICIPATION Increased Field Fees 20% 30% 40% 50% $ $ $ $ $ 'Current 55,234 ' 66,281 71,804 77,328 82,851 Increased Participation 10% 15% 20% $ 60,757 $ 63,519 $ 66,281 $ 72,909 $ 76,223 $ 79,537 $ 78,985 $ 82,575 $ 86,165 $ 85,060 $ 88,927 $ 92,793 $ 911136 $ 95,279 $ 99,421 In the next year when the remaining phase of the Birch Meadow Complex is presented to the community, the financial approach to covering costs will again be explored, but weighed against the benefit of the service provided to the community. 431 SPECIAL TOWN MEETING Aeading Memorial .<. Preforming Arts Center April 27, 2015 Finance Committee Report ° given by Mark ®ockser: The Finance Committee recommends this Article by a vote of 8 -0 -0 at their meeting on March 25, 2015. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at their meeting on March 24, 2015 voted 4- 0-0 to support this Article. Selectman John Halsey left the meeting for both the discussion and the vote on this Article due to a possible perceived conflict of interest because of his association with baseball activities in the community. Presentation given by: ® Bob LeLacheur - See Attached ® John Feudo - See Attached On motion made by Peter Carcia, Precinct 3 it was voted to move the question 2/3 Vote Required 140 Voted in the affirmative 18 Voted in the negative 163 Town Meeting Members in Attendance 2/3 Vote Required 115 Voted in the affirmative 43 Voted in the negative 163 Town Meeting Members in Attendance Motion Carried ARTICLE 5: Motion made by the Board of Selectmen as a courtesy to the School Committee that the Town vote to amend the vote taken pursuant to Article 6 of the February 23, 2015 Special Town Meeting to provide that appropriation of the sum of one million, two hundred thousand ($1,200,000) dollars 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, can be met by borrowing, and further to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(9) of the Massachusetts General Laws, or any other enabling authority; 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. Backg round: A Special Town Meeting in February 2015 approved $1.2 million to be used from Free Cash towards the purchase and siting of modular classrooms at the Joshua Eaton, Alice M. Barrows and J. Killam Elementary Schools. 432 SPECIAL TOWN MEETING Reading Memorial High School Preforming 1 Center April 270 2015 A first round of the procurement process has revealed the need for the School Committee to make some choices ranging from changing some technical specifications to a request for additional funding. Results from a second round of the procurement process currently underway will provide the School Committee with information to help determine the next steps. In order to provide the most flexibility to the project, this Article has been placed on this Warrant. There are three possible outcomes: a) The Article will be tabled; b) The Article will move forward as a request to use debt instead of Free Cash for an amount up to $1.2 million; c) The Article will move forward with a request to include additional funding above $1.2 million, and to use debt instead of Free Cash. The first two choices above indicate that the previously approved $1.2 million is ample for the project, and that is the current expectation and desire of the School Committee. The third choice c) will indicate that the $1.2 million is not adequate, in which case Town Meeting will be asked to approve debt for the entire project. Note that if this is the case, the Capital plan in Article 4 of the Annual Town Meeting will need to be first amended for the new total project cost. Finance Committee Report - given by Karen Herrick: The Finance Committee recommends this Article by a vote of 8 -0 -0 at their meeting on March 25, 2015. Bylaw Committee Resort: No report School Committee Report - Chuck Robinson: 26, 2015 voted 4 -0 -0 to support this Article. Presentation given by: • Bob LeLacheur - See Attached John Doherty - See Attached Motion Carried The School Committee at their meeting on March 2/3 Vote Required Declared by Moderator 163 Town Meeting Members in Attendance ARTICLE 6 On motion made the Board of Selectmen as a courtesy to the School Committee that the Town vote to appropriate the sum of five hundred thousand ($500,000) dollars 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, and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow said sum in accordance with Chapter 44, Section 7(7) of the Massachusetts General Laws, or any other enabling authority; 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 433 SPECIAL TOWN MEETING Reading Memorial High School r Preforming Arts Center April 27, 2015 the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article. Background: Subsequent Town Meeting in November 2014 approved $30,000 in funding for an engineering assessment of the retaining wall for the upper parking lot at Reading Memorial High School. That assessment is 50% complete and the estimated repair cost will be known if the snow ever melts, which hopefully will be before Annual Town Meeting! Complete information for both Articles 5 and 6 will be known in advance of Town Meeting but not in sufficient time for the printing of this Special Town Meeting Warrant Report. If Article 5 has converted previously approved use of Free Cash to be debt instead, then it is possible that Article 6 will be tabled and the retaining wall repair project will continue as a request to use Free Cash instead of debt. Such a request would happen under Article 5 in the Annual Town Meeting. Otherwise this Article will request debt funding for these repairs. Finance Committee Report - given by Craig Merry: The Finance Committee recommends this Article by a vote of 8 -0 -0 at their meeting on March 25, 2015. Bylaw Committee Report: No report School Committee Report- Chuck Robinson: 26, 2015 voted 4 -0 -0 to support this Article. Presentation given by: • John Doherty - See Attached The School Committee at their meeting on March 2/3 Vote Required 126 Voted in the affirmative 1 Voted in the negative 163 Town Meeting Members in Attendance ARTICLE 7: Motion made by the Board of Selectmen that the Town 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 $ 27,166.23 to be settled by June 30, 2015, or take any other action relating thereto. Background: The Town may be named as defendant in a suit seeking contribution towards the cost of cleanup of the Sutton Brook Disposal Area Superfund Site, formerly known as Rocco's Landfill. The Town has received a preemptive offer of settlement, to be paid in exchange for avoiding litigation. Town Counsel has been looking into both the chances such a suit will actually be brought as well as the legitimacy of any claims the Town would face. Town Counsel and the Board of Selectmen will meet in Executive Session on April 14, 2015 in order to recommend a course of action. This Article is placed on this Warrant as a placeholder in the event that there is need for Town Meeting. to approve the payment of a settlement. Finance Committee Report - given by Mark Dockser: The Finance Committee may be asked to advise Town Meeting on this matter once Town Counsel recommends the best solution to the Board of Selectmen. 434 SPECIAL TOWN MEETING Reacting Memorial High School April 27, 2015 Preforming Arts Center Bylaw Committee Report: No report Presentation given by: ® Bob LeLacheur - See Attached Motion Carried Dan Ensminger, Board of Selectmen moved to adjourn the 2015 Special Town Meeting sine die at 10:46 PM with 163 Town Meeting Members in attendance. Lotion Carried A true copy Attest: 4je.,v,� Laura A Gemme Town Clerk 435 SUBSEQUENT TOWN MEETING Reading Memorial High School November 9, 2015 !Preforming Arts Center The Precincts listed below met at 7:00 PM to conduct the following business: Precinct 1 - With a Quorum present Marc Moll was appointed to fill a vacancy until the next election Precinct 2 - Met with no business conducted Precinct 6 - Met with no business conducted Precinct 7 - Met with no business conducted The meeting was called to order by the Moderator, Alan E. Foulds, at 7:34 PM, there being a quorum present. The Invocation was given by Philip Pacino, Precinct 5 followed by the Pledge of Allegiance to the Flag was said by all in attendance. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of the warrant including all motions in their entirety. Motion Carried 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. Reports given: 375th Celebration Committee Alan Foulds, Moderator In the year 2019, the town of Reading will mark its 375th anniversary. To begin discussions as to how to best celebrate, an ad hoc committee established itself. That group, consisting of citizens who took part in the planning and execution of the town's 350th anniversary celebration in 1994, or the Millennium Party held six years later, has reviewed the mechanics of those two earlier observances and has made recommendations to the Board of Selectmen. In the near future it is expected that a permanent committee will be established and will be able to report with more detail. Municipal Light Board Coleen O'Brien, General Manager The path to the peak can be a combination of addressing hardened trails, rocky terrain and vertical climbs. RMLD made great strides over the last year assessing its present position and plotting out its course to meet the challenges of the utility industry, present and future. A completion of the Reliability Study and the Organizational Study, the analysis of, and the commitments to the recommendations have helped form a solid route. A quality utility must have the ability to be proactive in all disciplines of planning, including system function and operation, staffing, succession and skill training. It must have the ability to be reactive through planned reaction procedures to unforeseen events, such as weather and power market volatility. 11Page 436 SUBSEQUENT TOWN MEETING November 9, 2015 It must be diligent in ensuring that their plans and strategies are reviewed at such a frequency to ensure that the utility stays aligned with the path of success. The RMLD staff has been working hard to review, develop and implement all of the necessary actions to ensure a high level of quality. Any change or transitioning phase in a company on its path to the peak, can be a bit overwhelming for some. For others it can be exhilarating to be an integral asset in the charge to improve efficiencies, talent management, implement best utility practices in financial, system function, customer programs, etc. Through continued communication and leader -ship, within the company, with our service towns and with our customers, the end result will be ... peak performance. Regarding the stabilization of rates, peak performance means climbing a mountain to discover the peak and then shaving off the summit to a flat and stable surface. Peak energy prices have a premium. Together with our customers, RMLD has developed new programs that will help to shave the summit and stabilize rates. The electric industry is going through its own changes and transition -ing. The impact of imminent capacity and transmission increases in the New England area, the move towards solar power and electric vehicles are just some of the changes which impact utilities. RMLD has worked, and will continue to work diligently, to proactively address any impact the changes bring. Reading Public Schools Dr. John Doherty, Superintendent Welcome: Mr. Moderator, Town Meeting Members, Board of Selectmen, Finance Committee Members, School Committee, Fellow Town Leaders and Department Heads, Building Principals, District Administrators, Members of the School Community, and Invited Guests. It is with great honor and privilege that I present to you the 2015 State of the Schools Address. One of the traditions that I look forward to each year as Superintendent is to recognize and introduce to you the Reading Memorial High School Seniors who are receiving the Massachusetts Association of School Superintendents Award for Academic and Community Excellence. This year, I will be recognizing two outstanding students, each who have a strong three year cumulative academic average, participate in extracurricular and community service activities, and are currently in the top 5% of their graduating class. Each year, it is always difficult to only select two students given how many deserving candidates we have shining here at Reading Memorial High School. It is with great pride that I present this award to the following individuals: Our first recipient attended Killam Elementary School and Parker Middle School and serves in leadership positions as the Vice President of the National Honor Society and Captain of the Indoor and Outdoor Track Teams. He aspires to continue to run track when he is in college. He is a youth leader at the Korean Church of the Nazarene, volunteering as a mentor to younger members. Over his four years, this student has taken 8 AP Courses, the maximum number possible at RMHS. He is currently taking Honors and Advanced Placement classes in Calculus, French, English, Computer Science and Statistics. This recipient has applied to several colleges and universities including Tufts University, where he plans-on majoring in biochemistry and pre - medicine. It is with great pleasure tonight that I recognize Paul Chong. Paul, please come forward to receive the 2015 Massachusetts Association of School Superintendent's Award. Tonight's second recipient attended Killam Elementary School and Coolidge Middle School and has excelled as a member of the RMHS Drama Club and in the past has been a member of the RMHS Volleyball Team. This student also volunteers at the Mission of Deeds every Monday. Last year, this individual received the esteemed Brown University Book Award for her high level of academic achievement and this year, she was invited by the College Boards to participate in the National Hispanic Recognition Program for being in the 21 Page 437 SUBSEQUENT TOWN MEETING top 2.5% among Hispanic and Latino students in the country for her score on the PSAT /NMSQT Exam and for achieving at least at 3.5 G.P.A. in her coursework. A member of the National Honor Society, this recipient is currently taking Advanced Placement and Honors courses in English, Engineering, Calculus, French, and Biology. Next year, she also plans on majoring in Biochemistry and has applied to WPI and Marist. It's a great honor to introduce to you, Isabe! Azevedo! Isabel, please come forward and accept the MASS 2015 Superintendent's Award for Academic Excellence. Congratulations Paul and Isabel. Tonight's sharing of accomplishments does not stop with recognizing these two students who personify the educational journeys which our schools strive to inspire, teach, and support. The main objective of this annual Address is to report on the state of the schools —and without question, our school system could have no finer examples of its mission than these two outstanding young adults and many more like them. Schools across the country are experiencing educational, financial, and political challenges. Our district strives to meet these challenges with cutting edge curriculum, creative best practices and funding, cross staff collaboration and learning, and the tenacity which engages families, staff and community in preparing our students for their world and the challenges that they will face. Tonight, I will highlight some of our accomplishments from this past year, and share with you some areas that we are focusing on as we strive to become the best PreK -12 school district in our region. Accomplishments of District: To highlight our successes, we have distributed two documents this evening which capture the 2014 -15 school year. The first document focuses on the accomplishments of our entire PreK -12 district and the other, the RMHS School Profile, is specific to our high school and is distributed to colleges and universities across the country. These accomplishments would not be possible without a dedicated and caring staff, strong leadership from our administrators and directors, and the financial and volunteer support that we receive from our parents and our community. An example of this support is that during the 2014 -15 school year, our parent groups, community organizations and private citizens donated over $160,000 to our schools and programs in a variety of ways. It is this spirit of collaboration, commitment and teamwork that helps contribute to the success of our school district. District: We have a lot to be proud of as a community and we need to take the time to celebrate those successes. Whether it is our RISE integrated pre - school which does an amazing job with our three and four year old students or our elementary schools which are committed to building strong communities of learners in literacy and mathematics, or our middle schools which have provided many powerful learning opportunities for students during a very challenging developmental stage in their lives, or our high school, which challenges our students to explore their passions so that they can be prepared for college or career opportunities, our district is a solid example of how we are working together to instill a joy of learning and inspire the innovative leaders of tomorrow. This is evident with our latest graduating class of 2015, where 93% of the students are continuing on to post - secondary education, including 88% going on to a four year college or university. Last year's Senior Class achieved national academic success on the Advanced Placement and SAT Tests with 16 national merit commended scholars and one student, Peter Satterthwaite, who received recognition as a national merit finalist and, was one of only fourteen students in Massachusetts who qualified for the prestigious United States Presidential Scholars Program. In addition, our current Junior Class received some of the highest overall High School MCAS scores in Reading since the test began in 1998 with 92% of our students receiving a score of advanced or proficient in math and 98% of our students receiving a score of advanced or proficient in English Language Arts. In addition, 86% of our current sophomore class received Advanced or Proficient on the Grade 9 Science MCAS test. 31 Page . 438 Reading Memorial High School Preforming Arts Center November 9, 2015 Another area that we are proud of as a school district is our students' access to technology and through a variety of funding sources, including the Reading Education Foundation, Reading Cooperative Bank, and our PTO's, we have strived to keep updated technology in the hands of our students. This past year, we were able to upgrade our wireless infrastructure at our two middle schools and the high school so that we can support the growing number of mobile devices in the classroom. We have also strengthened our Science, Technology, and Engineering offerings by increasing the number of engineering courses and robotics programs offered throughout the school district, piloting a new science program in selected grade K -5 classrooms, and offering computer coding opportunities for all of our students. Beginning this winter, students in our elementary schools will be able to take more after school programs that focus on science and engineering. In addition, thanks to parent and volunteer support, all of our schools have robotics teams, including Reading Memorial High School which has a very competitive team and has received numerous team awards, including the prestigious entrepreneurship award. This past March, for the first time, Reading was the host of a two day New England FIRST Robotics Tournament that was attended by dozens of teams and thousands of people from all over New England. The event was so successful that we will again be hosting a Tournament in March. Our co- curricular and extra - curricular programs continue to provide outstanding enriching experiences with high participation rates at all levels. Our elementary after school programs now have well over 450 participants and Reading Memorial High School features 87 different clubs and athletic teams where over 85% of the students participate in 1 or more extra - curricular activities. This past year, 5 RMHS Varsity Athletic Teams won Middlesex League Championships and our Girls Hockey Team won the Division 1 State Championship. It is the fourth year in a row that a Reading Memorial High School sports team has won a state championship. Our Fine and Performing Arts programs continue to excel with an outstanding elementary choral program, award winning middle school and high school choral and band programs, a gold medal winning marching band and color guard and a jazz band who won a gold medal at the state level. Several middle and high school students received Boston Globe Scholastic Art Awards and one of our Seniors last year, Lauren Walsh, earned recognition for her outstanding work in photography, including two impressive gold key awards in the Boston Globe Scholastic Art and Writing Awards and a National Gold Medal which she received last June at Carnegie Hall in New York City. Each of our middle schools perform a musical annually and, last year, the RMHS drama club filled this Fine and Performing Arts Center with six different types of shows including two musicals, two plays, a student written play festival, and two improv events. One example of this outstanding quality is this year's fall musical, Mary Poppins, which played to sold out audiences this past weekend and continues next Friday, Saturday, and Sunday. You can see some of the scenery behind me for this show. We can truly be proud of this commitment to the arts, and I encourage all of you to attend any of our student fine arts performances. At the state, level, the Reading Public Schools is looked upon as a leader in best practices for several initiatives that focus on teaching and learning. This past.year, our teachers, administrators, and students have presented at national, state, and regional conferences. Reading staff have been appointed by the Governor to serve on the Safe and Supportive Schools Commission to help lead the direction for social and emotional learning in our state. In addition, several school districts have visited our classrooms to see best practices in action. Our teachers and students have embraced the higher expectations and rigor of the Massachusetts literacy and mathematics frameworks, which focus on the problem solving and critical thinking skills necessary so that more students will be taking advanced math courses, as well as strengthening our student's ability to write, communicate, and process non - fiction material. These challenging standards, along with more demanding instructional practices will be raising the bar for all students and help better prepare them for college and their future careers. 41 Page 439 SUBSEQUENT TOWN MEETING November 9, 2015 We are beginning to see the results of our hard work in literacy and mathematics on our state assessments. The students who took the Grade 10 MCAS assessments that I mentioned to you earlier were in middle school when we began implementing the revised frameworks. In addition, later this week, the first results of our next generation state assessment in Grades 3 -8, the PARCC, will be released. Preliminary results show that our students overall did very well, with achievement and student growth scores well above the state average. These strong results are an indication that we are heading in the right direction and is a tribute to the dedication and commitment of our teachers, principals, and central office administrators. We continue to work diligently to assure that the funding that we receive from the community and other sources is spent on what will most benefit our students. In 2014, the Center for American Progress updated a report that they first released in 2011 on a district by district analysis of educational productivity. This project develops a set of relatively simple productivity metrics in order to measure the academic achievement that a school district produces relative to its spending. I am pleased to announce that Reading has the fourth highest educational productivity rating in our Commonwealth. This strong measure is due to prioritizing our resources on the classroom and practicing strong fiscal management practices. In addition to the above, we have been working closely with Town Officials to analyze our largest revolving accounts in Full Day Kindergarten, Extended Day, Special Education Tuition, and RISE. Through this analysis, which has been reviewed by both the Board of Selectmen and the Reading School Committee, a set of guidelines has been established as to what the minimum amount of funding should be charged to each revolving account annually to cover the expenses for that program. We will continue to work closely with Town Officials to implement these best practices. We are also proud of the maintenance and care of our facilities and are very appreciative of the support that we received from Town Meeting last year to fund six modular classrooms. I am pleased to report that this project was completed in early October, has reached substantial completion, received permanent certificates of occupancy and we received a credit of $15,000 for construction delays. These additional classrooms have provided great learning spaces for our kindergarten students and has given us the space necessary to maintain our educational programs at the elementary level. Over the last few months, we have been working with Town Officials to restructure our facilities department and during this Town Meeting session, you will be voting on some budgetary shifts that will finalize a structure that will create a shared facilities model between town and schools. This revised model will continue to place an emphasis on the preventative maintenance and care of all of buildings, continue to control costs, and provide greater oversight and collaboration on our operations between town and schools. I would like to commend the collaboration between the Board of Selectmen and the School Committee, as well as Town Manager Robert Lelacheur and Director of Facilities Joe Huggins on this restructuring process. We have also seen similar collaboration between town and schools during this past year in technology and network management and Human Resources services. These examples of collaboration allow us to share best practices between departments, create efficiencies where possible, make available redundancies in an emergency and provide the best services possible with available funding. Everything that you have heard thus far in my remarks would not be possible without strong and dedicated leadership. I want to take a moment and recognize the efforts of our building principals, building _administrators, directors and central office administrators, many of who are here this evening. This hard- working group of individuals consistently goes well beyond their job description in leading our schools and departments through some very challenging times. Without their direction, we would not be able to have made the necessary changes to continually improve our schools and learning for our students, past, present, and into the future. Thank you for what you do for the children of Reading. Updates and Moving Forward Over the last several months, I have had the opportunity to meet with over 300 staff, parents, and community members in community forums to assess where we are as a school district. We discussed the strengths of the Reading Public Schools, the areas to strengthen, the new 51®age 440 SUBSEQUENT TOWN MEETING programs or initiatives that we need to begin, as well as, the current programs or initiatives that need to be changed or stopped. I collected hundreds of comments through these community forums, looked for themes and patterns and supported the findings with additional data from a variety of credible sources including state assessment data, the Walker Institute Report, which is a review that we did on our special education services last year, staff exit data, the Youth Risk Behavior Survey and student and staff survey data. For the remainder of my remarks, I would like to share with you some of the key points. Overall, the community and staff gave positive remarks about the Reading Public Schools. In the focus group sessions, the consistent strengths that emerged include the quality and dedication of our teaching staff and administrators, our students who come to school every day ready to learn, and the commitment that our parents make to our schools. Our data also showed that we have strong special education programs, significant opportunities for our students to participate in extra - curricular activities, athletic programs, and extended field trips, and the access that students have to technology in our district. We are also beginning to see some positive downward trends in some of our key Youth Risk Behavior Data. As many of you know, the Youth Risk Behavior Survey is administered to all Grade 6 -12 students every two years. Since 2005, we have seen significant decreases in the use of cigarettes, alcohol, and marijuana. This is a testament to the collaboration and partnership with the Town of Reading, Reading Public Schools, the RCASA, and the Reading Police Department. I want to show you a clear example of this collaboration. In 2005, the use of alcohol by our high school students was at a much higher rate than today. Due to the work of the Board of Selectmen who passed a revised Town Liquor Policy in 2009, our School Committee who passed a revised chemical health policy for students who participate in extra- curricular activities and athletics in 2011, and our Police Department, who began implementing compliance checks and a zero tolerance policy for our youth, we have seen a significant decrease in the use of alcohol by our high school students. This is a concrete example how a collaborative effort of policy changes and implementation can result in a positive benefit for our youth. Although we would like these percentages to be at 0 %, the results are showing that our efforts are having an impact. Although the data and the forums show we have a lot to be proud of in our schools, the information gathered also shows that there are areas we need to address so that we can maintain the level of excellence that we have taken pride in over the last several years. Addressing these areas will be critical to the long term success of our school district. One area that continues to surface is the overall behavioral health of our students. Although we have seen some very positive results in the latest administration of the Youth Risk Behavior Survey, we are seeing some troubling trends as well. In the slide behind me, we have seen slight increases since 2005 in the use of some of the more dangerous drugs, such as prescription medication, heroin, hallucinogens, and inhalants. Synthetic marijuana is emerging as a potent and risky alternative for students. In addition, 24% of our community's 14 -18 year olds stated that they have used electronic cigarettes with nicotine products, also called vaping, which is a dangerous upward trend. We are also concerned about the emotional health of our adolescents. Over the last 10 years, we have seen increases in the percent of teens who have felt sad or hopeless for more than 2 weeks in a row, are involved in non - suicidal self- injury, or have engaged in suicidality. In addition, during the 2014 -15 school year, 55 RMHS students were hospitalized for anxiety, suicidal tendencies, and /or depression. We have seen increases at our elementary and middle schools as well. Our high school students indicated on the YRBS that the major stressors in their life are increased workload, expectations about school and lack of sleep. Although these increases are not isolated just to Reading, we are concerned that the numbers of incidents in Reading is higher than the state average. As a community, we have taken significant steps to address these increased concerns through our partnerships with the Reading Coalition Against Substance Abuse and your support in previous budgets with programs and staffing that supports behavioral health. 61 Page 441 SUBSEQUENT TOWN MEETING 1 •; t a I, As I reported last year, the Town and the School Department received three Federal grants, totaling 1.95 million dollars, to continue to help address the overall behavioral health of our youth. The first grant continues the great work that RCASA has done over the last several years. The second grant will allow the Reading Public Schools to train a minimum of 584 school educators, school support staff, first responders, youth workers, and faith leaders in Youth Mental Health First Aid to identify, understand, and respond to signs of mental illnesses and substance use disorders in our youth. So far, over 250 people have been trained in this area. The third grant will implement a highly sustainable, multi - tiered system of supports to improve school climate and behavioral outcomes for all students. We have made tremendous progress in this area in just one year. These three grants ensure that we will be able to move forward in creating structures, systems, and processes throughout our community to reach and engage all of our youth, particularly those youth who may be vulnerable to risky behaviors such as substance abuse or creating harm to themselves or others. These initiatives, combined with the work that we have done over the last several years in school safety with the Reading Police and Fire Departments, places our community as a leader in proactively addressing the overall safety of our children. As we all know, if students do not feel physically and psychologically safe in school, they will not learn, no matter what curriculum, technology, or teacher you put in front of them. I would like to thank the Reading Police and Fire Departments and the Reading Coalition Against Substance Abuse, under the leadership of Chief James Cormier, Chief Greg Burns, and RCASA Executive Director Erica McNamara, for the partnership that they have forged with the Reading Public Schools over the last several years and their leadership and efforts in creating safe and supportive environments for our children. In addition, I would be remiss, if I did not thank Chief Cormier for all of his efforts and collaboration over the last several years in providing a safe environment for our students. Jim, I have enjoyed working with you over the last six years in my role as Superintendent and I wish you success and good health in your retirement. Finally, I would like to spend a few minutes focusing on school funding, past, present, and future. I would like to preface my comments by stating that we are appreciative and value the financial support that our community has given to public education. Unfortunately, our latest state financial data shows that Reading ranks 305th out of 326 Massachusetts communities in per pupil spending, 118th out of the 125 communities in the Boston Metro Area and this ranking has been in steady decline since 2006. It is well documented that our community has a revenue challenge as we become more and more reliant on cash reserves each year to fund our budgets. It is to our town's credit that through mutual respect and collaboration, town boards have stretched our dollars to provide the quality education and services, of which Reading is so proud. Our continuing decline in per pupil expenditure is beginning to have an impact on our school system, especially during the times of transition that we are currently facing. Over the last five years, the average budget increase has been 2.64 %, however, expenses in health care costs, utilities, supplies, special education costs and compensation have come in at much higher increases. This leads to less overall services and programs that can be funded for our schools. We are in the midst of tremendous educational change in our state and in our country with more rigorous curriculum frameworks, a next generation assessment system, and the expectation to make sure all students are college and career ready. We also need to address the areas that I mentioned earlier in behavioral health. During these times of transition, it is more important, than ever to sustain our previous levels of support and to add resources to address additional needs. In the upcoming school year we will need to update our science and engineering curriculum, provide time and resources for teachers to implement these new curricula, continue to improve our special education services and programs, add more tutorial and social emotional support for struggling students, offer dedicated health education classes at our elementary and middle schools, increase our Advanced Placement course offerings at the high school and elective offerings at all levels, and update the High School Graduation requirements to help prepare our students for college and future opportunities. Equally important, we need to continue to attract and retain the best educators. This past school year alone five educators left our district for higher compensation, better benefits and improved working 71Page 442 SUBSEQUENT TOWN MEETING r Y ., d ' g Memorial High o.� a Preforming •' 1 conditions related to caseload and paperwork. In addition, four candidates who were offered positions in our school district declined to accept our offer and accepted a position in another school district for higher compensation and benefits. Unfortunately, I see a similar trend occurring as we begin to prepare the FY17 budget. It is this ongoing pattern that, I believe, has placed our community at a cross roads. We have a decision to make in terms of what type of'school district and town services we want and the resources necessary to sustain those programs and services. Because, without more resources, we will not be able to do over the long term what we are currently doing. To conclude, I believe that this is an exciting, but uncertain time in public education and we have an opportunity to make positive substantive changes that have not been made since Education Reform was introduced in 1993. It is difficult work, but we are up to the challenge of providing the best learning experiences for our students. Those substantive changes that I mentioned earlier will take time and sustainable resources. I am proud of the work that our teachers and administrators do every day to improve teaching and learning in our district and I am excited by the enthusiasm and respectfulness of our students who arrive to school every day eager to learn. This is a testament to our parents and our community who value the importance of education and the role that it needs to play in a community. There is no question that a major indicator of the quality of life for everyone in a community can be measured by the quality of its schools and by a community's commitment to its children. In this way, the quality of a school district affects every single person in a community, and the Town of Reading is no exception. But I also believe this is one of our greatest strengths. Thank you for your time this evening. In my 32nd year as an educator; my 28th year now in the Reading Public Schools, and as proud parent of children who attend the Reading Public Schools, one who graduated two years ago and one who is graduating this year, I must say that I am so very proud to be a part of this community. I thank you for the privilege . . . and I look forward to working with you, as together, we continue to make Reading a place where all students can learn and succeed, a place where we develop the innovative leaders of tomorrow, and a place where our schools continue to provide the strong foundation for the future of this great community. Thank you very much. Motion made by Dan Ensminger, Board of Selectmen and Article 1 was tabled Motion Carried ARTICLE 2: Motion made by John Halsey, Board of Selectman and Article 2 was tabled ARTICLE 3: Motion made by Kevin Sexton, Board of Selectmen that the Town 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, by making these changes: 8lPage 443 SUBSEQUENT TOWN MEETING Reading ._ r School Preforming Arts Center 9--,9 P9¢9 rte! F I I n d November 9, 2015 FY16. ±Jk98 °250 $200,000 Facility: DPW Cemetery Garage design - construction documents $175,000 School and Town technology - $100,000 shared disaster recovery system; $60,000 phone project includes new Library; $15,000 Town data security audit $140,000 DPW Snow blower - supplement to 1999 snow blower $60,000 Facility: Generator - Main Street Fire station $45,000 Facility: Condensate Tank - Coolidge $40,000 Facility: Vehicle - Chevy K2500 $30,000 Facility: Masonry - RMHS $28,250 DPW Fuel Canopy and Suppression System - costs shared with RMLD $25,000 DPW Vehicle - Ford Escape $15,000 Facility: Masonry - Parker - $15,000 Facility: HVAC - Barrows - $15,000 Facility: Flooring - Parker - $40,000 Facility: Flooring - RMHS FY17: - $527,400 $350,000 Pub Svc Kiliam Field and parking lot repairs (Field not done in FY15) $150,000 DPW Snow Bombardier #1 (1993 moved up from FY18 and increased by $25k) $75,000 School Technology biennial network upgrades (moved up from FY18) +$60,000 Facility: Fire Alarm panel (Joshua Eaton, total now $170,000) $36,000 School Passenger Van $35,000 DPW Forklift +$12,600 Add funding for DPW Bobcat Loader 743 (1987; now $45k) $10,000 Facility: DPW door repairs (DPW) +$5,000 Add funding for DPW Dump Truck C3 (now $65k) - $20,000 Reduce funding for DPW Aerial Pickup Truck (now $80k) - $20,000 Facility: Pleasant Street Center HVAC (defer to FY18) - $34,000 DPW Eliminate Ford sedan Car #2 (2007) replacement - $36,500 DPW Eliminate HV3 Ford van (1997) replacement - $41,500 Public Safety (Fire) Vehicle (defer to FY18) - $50,000 DPW Yard Improvements (defer to FY18) - $50,000 DPW Road Improvements - $60,000 Facility: West Side Fire station roofing (defer to FY19 as debt) - $60,000 Facility: Flooring (RMHS) - $100,000 Town Technology biennial network upgrades (moved up to FY16) - $115,000 DPW Truck #10 (defer to FY18 and add $35k) - $120,000 DPW Chipper (defer to FY18) - $134,000 Facility: Main Street Fire station roofing (defer to FY19 as debt) - $420,000 Facility: Town Hall roofing (defer to FY19 as debt) FY18+ Various other changes made Enterprise Funeas ° vvater FY16: None FY17: None FY18+ Various changes made 91 Page 444 #, 4 ' awingre. Aeading Memorial High School Preforming Arts Center r-8ILCI VI IWC e•"4.715U;D - -7cevc® FY16: +51,215,000 SCADA for sewer station rehab projects and Sewer station projects for Batchelder and West Street $1,215,000 (note that $782,000 of funds previously allocated to these projects were turned back to Sewer Reserves in FY15) FY17: - $345,000 $25,000 Portable generator for Grove St. Sewer station - $370,000 Sewer station repairs for Joseph's Way and Small Lane $3.0 million debt Charles Street & Sturges sewer station repairs (moved up from FY20 & FY18 and increased from $1.89 million) Background: This Article is included in every Town Meeting Warrant. The Reading General Bylaw (section 6.1.3) states 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 —iven by Peter Lydecker proposed amendments. to the FY 2016 - FY 2026 Capital their meeting on October 14, 2015. Placing items in the but in itself does not authorize spending funds towards complete discussion about the cemetery garage issue. The Finance Committee recommends the Improvements Program by a vote of 6 -0 -0 at Capital Improvement Program is a prerequisite these items. Please see Article 13 for a more Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article, with one exception. The Board does not support the proposed $2 million change in the capital plan for the cemetery garage, shown above as debt. For further discussion please see the Board's Report under Article 13. Presentation given by: ® Bob LeLacheur - See Attached Motion Carried 10 1 P a g e 445 SUBSEQUENT TOWN MEETING _,ceading Memorial High Schooj ��reforming Arts Center November 9, 2015 ARTICLE 4: Motion made by Barry Berman, Board of Selectmen that the Town 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, as follows: • $40,516.10 - for RMHS construction project litigation ® $5,254.46 -- Fire Department invoice • $837.75 - School Department plumbing services $861.90 DPW legal ads ® $50.00 DPW employee reimbursement Background: In advance of Annual Town meeting in April 2015 the Town received an estimate for expected legal expenses for the balance of the fiscal year related to the ongoing RMHS construction project litigation. The Town received a June 2015 legal invoice in a timely fashion in the amount of $40,516.10 which far exceeded the earlier estimate and there were not sufficient funds to make payment. On September 10, 2015 the Fire department was notified that repairs made in January and February 2015 would not be covered by a warranty as had been expected, and shortly thereafter DPW received an invoice for $15,763.39 for these repairs. The Fire department appealed the invoice, and on September 30, 2015 they were told a three -way settlement was being negotiated. Therefore this prior year invoice is in the amount of $5,254.46. A prior fiscal year bill was discovered by the School department in August 2015 - an invoice for $837.75 for Addiro Inc. Plumbing for services performed in August 2013 that was never paid. Lastly, a prior fiscal year bill was discovered by the DPW in September 2015 for unpaid May and June 2015 legal ads placed in a local newspaper for $861.90. Finance Committee Report a given by Paul McNeice: The Finance Committee recommends Article 4 by a vote of 6 -0 -0 at their meeting on October 14, 2015. Each of these bills is an obligation that should be paid by the Town, with a source of Free Cash. Please note that a 9/10 majority vote by Town Meeting is required to make these payments, which in total are $47,470.21. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article Presentation given by: ® Sharon Angstrom - See Attached 9/10 Vote Required Declared by Moderator 149 Town Meeting Members in Attendance Motion Carries! ARTICLE 5: 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, 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: ill Page 446 SUBSEQUENT TOWN MEETING November 9, 2015 Account Lime Description Decrease lincrease : indicates Facilities Department changes PC: moving around pay/class funds B99 - Benefits ( Retirement ($50,000) $85,000 Expenses j Worker Comp Premiums $35,000 C99 - Capital $200,000 Facilities: DPW Cemetery $688,250 Expenses garage design /construction documents as described in Article 3 School & Town technology $175,000 ($100,000 shared disaster recovery system; $60,000 phone project includes new Library; $15,000 Town data security audit) DPW Snow blower $140,000 Facilities: Generator (Main Street Fire Station) $60,000 Facilities: Condensate Tank (Coolidge) $45,000 Facilities Vehicle - Chevy K2500 $40,000 Facilities: Masonry (RMHS) $30,000 DPW Fuel Canopy/ Suppression System (costs shared with RMLD) $28,250 DPW Vehicle - Ford Escape $25,000 Facilities: Masonry (Parker) $15,000 Facilities: HVAC (Barrows) - $15,000 Facilities: Flooring (Parker) - $15,000 Facilities: Flooring RMHS) - $40,000 F99 - FINC ®M Replenish Reserves for Modular $150,000 Reserves classroom expenses $75,000 Increase Reserves for unforeseen expenses $75,000 121 Page 447 SUBSEQUENT TOWN MEETING d: r Memorial High ;n' Preforming Arts Center November 9, 2015 account Lime I Description Decrease Increase indicates Facilities Department changes PC: movin around a /class funds G91 - Administrative PC: Fund all pay & class transfers $35,700 Services Wages .$(55,000) PC: Fund pay & class results in this department $4,700 HR Generalist (shared Town /Schools) $62,000 #Upgrade Business Analyst position to be a Procurement Agent position (related to the addition of Facilities ) $24,000 G92 - Administrative Legal Services (RMHS litigation) $75,000 $80,000 Services Expenses Communication software license $ 5,000 H91 - Public PC: Fund pay & class results $19,200 $19,200 Services Wages H92 - Public *Hazard Mitigation Planning consulting $25,000 Services Ex enses services $25,000 191 - Finance Wages PC: Fund pay & class results $12,010 $12,010 192 - Finance Assessing Full Field Review in $88,000 Expenses preparation for FY17 Revaluation $88,000 J91 - Public Safety PC: Fund pay & class results $9,675 $9,675 Wages J92 - Public Safety Police: regionalize Animal Control with $50,000 north Reading -Expenses K91 - Public Works PC: Fund pay & class results $3,950 $3,950 Wages K92 - Public Works Road line painting $30,000 $10,000 Expenses Professional development $10,000 Fuel $50 000 K94 - Public Works Street Lighting expenses ($35,000) $35,000 Street Lighting K95 - Public Works Rubbish disposal ($50,000) $50,000 Rubbish L91 - Library Wages PC: Fund pay & class results $5,465 $5,465 M91 - Core Facilities #Transfers from U99 Schools $1,948,199 $2,683,341 #Transfers from V99 Town Fac $525,142 #(a) Additions requested $110,000 Additions requested $100,000 M92 - Facilities: _#(b) #Transfers from V99 Town Fac $252,835 $292,835 Town buildings #(a) Additions requested $ 40,000 13 1 P a g e 448 SUBSEQUENT TOWN MEETING November 9, 2015 Account Line i Description I Decrease I Increase : indicates Facilities Department changes PC: movinq around pay/class funds U99 - School #Transfers to M91 $1,948,199 $1,948,199 Department Subtotals $0 V99 - Town Facilities #Transfers to M91 $525,142 $777,977 $1,215,000 4-Transfers to M92 $252,835 From Sewer Reserves (note +$433,000 is net request from previous capital Ian $1,215,000 Subtotals $2,905,176 $3,943,426 $4,143,425 Net Operating Expenses $1,037,250 X1,237,250 m Permits Revolving , � .c From w i. $100,000 (b) From Revenues from Rental of School Properties via Free Cash From Free Cash —K�� Enter rise Funds - Wages and Ex enses Account Line Descri tion Decrease Increase X99 Sewer Sewer stations projects (Batchelder & West Street) and related SCADA for all sewer station rehabs $1,215,000 Subtotals $0 $1215,000 Net Operating Expenses $1,215,000 From Sewer Reserves (note +$433,000 is net request from previous capital Ian $1,215,000 Background: Over the summer both the Superintendent of Schools and the Town Manager discussed restructuring the Facilities Department so there was more shared management oversight. School Committee and Board of Selectmen leadership were brought into the discussion to assist in crafting a new structure for the department. The proposed FY16 budget changes shown above in this Article make the financial changes necessary. At a Financial Forum on September 16, 2015, both the School Committee (6 -0 -0) and Board of Selectmen (3 -0 -0) voted to approve the restructuring of the Facilities Department consistent with these budget transfers and additions in this Article. Note that the gross budgets for Facilities are requested to increase by $250,000 but that $100,000 of that amount is covered by existing revenues that will provide a funding source. The restructured Facilities Department will be led by the Director of Facilities, and included above is a request to restore the Assistant Facilities Director position that was eliminated a few years ago due to budget cuts. Among other efficiencies this will reduce the need to hire outside project managers, except for large building projects. Currently the department's budgets consists of two voted line items (U99 School Department and V99 Town Facilities), each under control of the Schools. The proposed changes will result in three budget line items. The first two (M91 and M92) will be located in the Town's budget, while U99 remains as the School Department budget. 141 Page 449 SUBSEQUENT TOWN MEETING Reading Memorial 'i School Preforming Arts Center M91 - Core Facilities: the shared Director and proposed Assistant Director, a department secretary, and three tradesmen (Electrician, Plumber, general laborer); all operational costs associated with utilities and maintenance of all town and school buildings; all capital for all town and school buildings. M92 - Facilities Town Buildings: all custodial services, supplies and employees associated with the cleaning of town buildings. U99 - School Department: all custodial services, supplies and employees associated with the cleaning of school buildings. The Board of Selectmen will vote on lines M91 and M92 annually, while the School Committee will vote on lines M91 and U99. The Town's Administrative Services Department will oversee all procurement activities for M91, so also included in these budget changes is a request to increase by $24,000 a vacant position to be able to handle this additional responsibility. The Schools and Town also recently discussed sharing a position in their Human Resources divisions. The HR field grows increasingly complex each year, and each division is significantly understaffed. Town Meeting is requested in line G91 to approve this shared position, which will have office space both at Town Hall and in the School's Central Office. Finance Committee Report -given by Paul McNeice: The Finance Committee recommends this Article by a vote of 6 -0 -0 at their meeting on October 14, 2015. Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen at a joint meeting with the School Committee and Finance Committee on September 16, 2015 voted 3 -0 -0 to support the proposed restructuring of the Facilities Department as presented in this Article. The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this entire Article. School Committee Report: The School Committee at a joint meeting with the Board of Selectmen and Finance Committee on September 16, 2015 voted 6 -0 -0 to support the proposed restructuring of the Facilities Department as presented in this Article. Presentation given by: ® Bob LeLacheur - See Attached After some discussion a vote was taken: Motion Carried ARTICLE 6: Motion made by Kevin Sexton, Board of Selectmen that the Town 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 151 Page 450 A!qj rouDdl: In late 2012 residents on Roma Lane filed a petition to have their street accepted as a public way, upon learning a subdivision developer had never completed that work. Rather than bring that one road to Town Meeting, in the summer of 2013 the Town Manager asked planning and engineering staff to begin an exhaustive process of reviewing every private road in town, with many details requiring research that went back several decades. Approximately 80 private roads /driveways were identified and on February 3, 2015 the Board of Selectmen invited these residents to a community meeting to learn the basics of public and private roads. Private roads were divided into these categories: (1) roadways that have been completed but the final steps for acceptance as a public road were never requested or completed; (2) roadways that are incomplete where bonds are in place to complete the work. If those bonds are insufficient to complete the work, the Selectmen need to decide if betterments are to be assessed; (3) older roadways where the reasons for non - acceptance cannot be determined; (4) roadways constructed as private but residents may wish to have them become public; (5) roadways constructed as private and the residents wish them to remain that way; (6) roadways within small development complexes (40B, PRD) that were constructed as private but residents may wish to have them become public. The first two categories of roads were studied further, and the six roads above qualify for inclusion to be accepted without any further cost to the residents. Note that residents of Causeway already had the Town Meeting and betterment processes completed previously but the final paperwork was never completed by the town. Four of these roads went through the CPDC under Subdivision Control Law, and at their meeting on August 24, 2015 CPDC unanimously recommended that Roma Lane, Sailor Tom's Way, Pondview Lane and Cory Lane had met the necessary conditions and should be accepted as a public way. The two remaining roads, Dividence Road and Causeway Road, are not part of the subdivision process, so residents sent in petitions requesting that they change to become a public way. At their meeting on September 14, 2015, as a courtesy CPDC unanimously recommended that these two additional roads become public. No further Town Meeting action on private roads is expected to be requested for at least a year. Remaining private roads are expected to have a cost to the residents to become public, which means each will need to appear in front of the Board of Selectmen to discuss their interest in paying betterments. The Board typically has not voted to accept private roads unless an overwhelming majority of residents are willing to pay those betterments. Finance Committee Report: I No report Bylaw Committee Report: No report Board of Selectmen Report: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article. Presentation given by: Bob LeLacheur - See Attached After some discussion a vote was taken: 161 Page SUBSEQUENT TOWN MEETING November 9, 2015 ARTICLE 7: Motion made by Jeff Hansen, Community Planning and Development Committee that the Town 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 2Aa of Chapter 80 of the Acts of 1975: a To promote the health, safety and general welfare of the inhabitants of the Town of Reading; ?a To lessen congestion in the streets; e 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; it To encourage housing for persons of all income levels; t 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; k 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. Background: Article 7 is an amendment to the Section 1 of the Zoning Bylaw, Purpose. An amended Purpose was the subject of Article 9 of the September, 2014 Town Meeting. Article 9 did not receive the required 2/3 affirmative vote of Town Meeting. It has been further amended and is now being brought back to Town Meeting for another vote. The zoning bylaw approved at the November 2014 Town Meeting included the original language in Section 1, Purpose. The CPDC revised the Purpose based on the suggestions offered by Town Meeting last September. A simple introductory statement has been added which is modeled after language from the Town of Lexington's Zoning Bylaw. A sentence has been added referencing the State Zoning Act. Sub - bullets follow that are the same as what is in the existing zoning bylaw. Bylaw Committee Re ort - given by Stephen Crook: The Bylaw Committee recommends this Article by a vote of 5 -0 -0 at their meeting on October 13, 2015. Community Planing and Develoament Committee Report - given by Nick Safina: The Community Planning and Development Committee recommends this Article by a vote of 4 -0 -0 at their meeting on July 13, 2015. Presentation given by: Jeff Hansen - See Attached Motion was made by Bruce Mackenzie, Precinct 8 to table Motions Does not Carry 171 Page 452 SUBSEQUENT TOWN MEETING Motion made by Patrick O'Sullivan, Precinct 5 to move the question 2/3 Vote Required 102 Voted in the affirmative 20 Voted in the negative 149 Town Meeting Members in Attendance Motion Carried After some discussion a vote was taken: 2/3 Vote Required 111 Voted in the affirmative 10 Voted in the negative 149 Town Meeting Members in Attendance Motion Carried November 9, 2 015 ARTICLE 8: Motion made by Jeff Hansen, Community Planning and Development Committee that the Town 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 (P SFs) 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. 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. 181 Page 453 Preforming Arts Center November 9® 2015 4 Fourth Preference: A site located within the Residential S -15, S -20, 5 -40, A -40, A -80 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. 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; 191 Page 454 SUBSEQUENT TOWN MEETING : ,T Preforming Arts Center November 9, 2 015 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. 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, concealed- 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. i 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: 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: 455 201 Page SUBSEQUENT TOWN MEETING Reading Memorial School Preforming Arts Center 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 3030 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. 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. 211 Page 456 SUBSEQUENT T'oV{ N MEETING November 9, 2015 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 CFTC. 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: 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, falling 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 5.6.3.1.8 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 221 Page 457 a; t • ;e, Reading Memorial High School Preforming Arts Center h if applicable, that the existing vegetation will be preserved or improved; and i 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 Applicants) at the Antenna height(s) 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 alternatives 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.D 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. 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. Background: Article 8 is an amendment to the Section 5.6.3 of the Zoning Bylaw, Personal Wireless Service Facility. When the comprehensive update of the zoning bylaw was completed last fall, the plan was to revisit certain parts of the bylaw for future changes including Personal Wireless Service Facility. The CPDC revised the Personal Wireless Service Facility with the assistance of Town Counsel. 231 Page 458 SUBSEQUENT ToWN MEETING Article 8 amends the existing language in Section 5.6.3 to make it consistent with the requirements of the Federal Telecommunications Act. The existing bylaw does not include facility siting parameters or have a requirement that applicants demonstrate need. In general, we cannot prohibit these facilities but we can create regulatory requirements that would provide some measure of control over a Personal Wireless Service Facility. Through zoning we can require applicants to prove that there is a gap in coverage or otherwise a need for service that currently doesn't exist. Zoning language can also establish preferences in terms of site locations and installation types (e.g., co- location, site sharing, and towers). Finance Committee Reporta No report Bylaw Committee Report iven t3y Stephen Crook: The Bylaw Committee recommends this Article by a vote of 5 -0 -0 at their meeting on October 13, 2015. Presentation given by: ® Jeff Hansen - See Attached Motion made by Carolyn Whiting, Precinct 7 to amend 5.6.3.2.E.3 as follows: Additional Required Setbacks. In all districts, PWSFs shall be placed no closer than 500 feet or 3 times the height of the Antenna above grade whichever is greater to an existing school,, Child Care Facility, Nursing or Convalescent Home, or an Assisted Living Facility. Motion made by Carolyn Whiting, Precinct 7 to amend 5.6.3.2.E.3 as follows: 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 or any Residential Structure. Counted Vote 82 Voted in the affirmative 26 Voted in the negative 149 Town Meeting Members in Attendance Motion made by James Maughan, Precinct 4 to amend 5.6.3 as follows: Applicability. No PWSF shall be erected, installed or modified except upon issuance of a special permit in compliance with the provisions of this bylaw and all other applicable bylaw approvals and regulations, whether the PWSF is considered a principal use or an accessory use. Motion Carried 241 Page 459 Reading Memorial High School November 9, 2015 Preforming Arts Center Motion made by James Maughan, Precinct 4 to amend 5.6.3.3.0 as follows: 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, need for coverage 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. Motion made by James Maughan, Precinct 4 to amend 5.6.3.4.1.c as follows: 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 and Wetland Protection regulations. Motion made by Ronald D'Addario, Precinct 6 to amend 5.6.3.2 as Follows: F Security PWSF's with a height of ten (10) feet or less or those on rooftops shall have provisions to prevent unauthorized persons from coming within five (5) feet thereof. .r - After some discussion a vote was taken: 2/3 Vote Required 103 Voted in the affirmative 5 Voted in the negative 149 Town Meeting Members in Attendance On motion by Dan Ensminger, Board of Selectmen, it was voted that this Subsequent Town Meeting stand adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Thursday, November 12, 2015. Meeting adjourned at 10:41 PM with 149 Town Meeting Members in attendance. 25 1 P a g e 460 SUBSEQUENT TOWN MEETING A true copy Attest: � cv, Laura A Gernme Town Clerk 26 1 P a g e 461 November 9, 2015 November 12, 2015 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:37 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all in attendance. Motion made by Dan Ensminger, Board of Selectmen to dispense of the reading of the warrant including all motions in their entirety. ARTICLE 9: Motion made by Jeff Hansen, Committee Planning and Development 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 or 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 ,o. 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 entitled "100 Acre Wellfield Zone II 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 11 Page 462 Mom 10.3.1 Establishment and Delineation of Aquifer Protection Overlay District The Aquifer Protection Overlay District is delineated and established on a map entitled "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 Entitled 100 Acre Welliield Zone II 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 a44—new construction, reconstruction, or expansion of existing bu+14fts structures and new or expanded uses WMEIR fall, wholly or partially, that falls within such Aquifer Protection District. Uses prohibited in the underlying zoning districts shall not be permitted in the Aquifer Protection District. 10.3.2 Purpose of District The purposes of the Aquifer Protection Overlay District are +s --te: g 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; 'SV-JZ B To preserve and protect existing and potential sources of drinking water supplies; X0:3.3 C To conserve the natural resources of the Town of Reading; and T'). J.S D To prevent temporary and permanent contamination of the environment. Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate directly into the soil. parking areas, readways and walkways, regardless of the pizeposed SUFII:"-�- --i-ded fFeFn this definition are deeks that are eengtFueted with pe between the fleerbeaFds, and where the surface underneath the deek is net, —j O BE LOVED TO SECTION 2.0 DEFINITIONS1 Mining: e - or -be&-aek-.-[T0 BE COMPLETELY DELETED FROM ZONING BYLAW] 46 Reading Memorial High School Preforming Arts 'Center November 12, 2015 Exce BE COMPLETELY DELETED ; - ZONING BYL+; BYLAW) BE COMPLETELY DELETED FROM ZONING y 0• s mz 10.3.3 6 Use Regulations In the Aquifer Protection overlay District, the following regulations shall apply: . 10.3.3e6-.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: i0.3.6 1.1 -A Conservation of soil, water, plants and wildlife; 10.3.6.1.2 B Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; 10.3.64.3 C Foot, bicycle and /or horse paths and bridges; 31 Page 464 SUBSEQUENT TOWN MEETING Reading Memorial High School November 12, 2015 Preforming Arts Center 10. 3.6. i. 4 D Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; E Maintenance, repair, and enlargement of any existing structure, except as prohibited by -subjeet-te-Section 10.3.3.210.36.2 of the Zoning Bylaw; 10.3.6.1.6 F Residential development, except as prohibited by sti-bjeet-t-e Section 10.3.2 of the Zoning Bylaw 44-.3-.6-.Z; 10.3.6.1.7 G Farming, gardening, nursery, conservation, forestry, harvesting and grazing, except as restricted by subjec-t-to Section 10.3.2 10.3.6.2; 10.36.1.8 H Construction, maintenance, repair, and enlargement of dr-inl(ing wat-eic supply Fe4ated A 4-E) lifflit-e , , 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 10.3.6.1.10 When ar-tifieial FeehaFge is FequiFed te n9eet the liFflitatien established 65 Sc&,*-. 11— a--system fer , ef. pFeeipitatien shall -be previded that will not result in the degradation of groundwater quality. R-ee-Tharge plans ee. ply with th EP SteFR9W '- uieelines and shall be su'mitted te the Tewn Engineer for Feview and appreval; 10.3.36.2 Prohibited Uses The following uses are prohibited: 10.3.6.2.2 B Automebile graveyards and junkyards., as defined in Massaehusetts GeneFal Law e. 14913, se4jff; 4l Page 465 SUBSEQUENT TOWN MEETING Reading Memorial High School November 12, 2015 Preforming Arts Center 18.3:0 C Landfills receiving only v.jastewater residuals and /or septage Fesiduals including those approved by the Department of Environmental Protection pursuant to Sections i � R Law a r 'i S eti 26 through 53 of Chapter 21 • l eh tt-��. j Section 17 of Chapter 111; or Section , Massaelhusetts GeneFa' ' " e—.-64—,— Seetf,&R 6 and 7 of Chapter 83 of the Massachusetts General Laves, and regulations promulgated thereunder; "^ D Facilities that generate, treat, store, or dispose of hazardous waste that are subject to Chapter Law - e. 21C of the Massachusetts General Laves and 310 CMR 30.00, except for the fel+ew+��: 10.3.6T4T1 Very small quantity generators as defined under 310 CMR 30.000; 10.3.6.2.4.' 2 household hazardous waste centers and events under 310 CMR 30.390; 10.3.6�4�--3 Waste oil retention facilities required by Massaehusetts General Law e. 21, Section 52A of Chapter 21 of the Massachusetts General Laves, and; 10.3.6.2.4.4-4 hater remediation treatment works approved by MassDEP for the treatment of contaminated xee waters; 10.3.6.2.4.5--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; 10.3.6.2.4.7- G Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31; 0.3.6-.2.4.8 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; 10.3.6T4T1 Storage of animal manure unless severed —e. contained in aeeerdanee with t {Within a structure designed to prevent the .generation and escape of contaminated runoff or leachate. 7 Storage of commercial fertilizers, as defined ' Massaehusetts General ' Gha r , 28 S t 64, 7 U 1 Law V V I I U �.J x.41 1 ���j� -�� unless such storage is within a structure designated designed to prevent the generation and escape of contaminated runoff or leachate; K Stockpiling and disposal of snow and ice containing deicing chemicals +- brought in from outside the district; 51Page 466 November 12, 2015 4 will not result in a A--;-- gFeater th-an- the design capacity el H, existing tFeatn9ent weFl(s; .bl Treatment works approved by MassDEPIE"lle D',epaFtrnent ef EnviFenngental Preteetien designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR5.05(3) or 5.05(13); and e2 Publicly owned treatment works. 10.3.6.2.4. steE4�piling and dispesal bf snew and ;--e- eentaining deicing chemicals if bFeUght in fF­- 42-&-,-Seetien 64, unless su�-111 steFage is within a stFuetuFe designated te prevent the N Underground storage tanks containing Texi* and Hazardous Mntaho|s as defined fin In I I except as permitted by Section 10.3.3.1.3 or Section 10.3.3.1.K I-eusethellu use installed and used in aeeeFdanee with all leeal, state and feEleFal laws and 10.3.48 Administration Rules and Regulations Section 10.3 of tMe'Zoning Bylaw 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 ��7 6 |page Reading Mernorig l High Schoo6 Preforming Arts Center November 12, 2015 or take any other action with respect thereto. Background: Article 9 is an amendment to the Section 10.3 of the Zoning Bylaw, Aquifer Protection District. When the comprehensive update of the zoning bylaw was completed last Fall, the plan was to revisit certain parts of the bylaw for future changes including Aquifer Protection District. The CPDC revised the Aquifer Protection District with the assistance of Town Counsel and with input from the Department of Environmental Protection (DEP), the State office that regulates this requirement. The Aquifer Protection District needs to be in compliance with the DEP water withdrawal permit program and drinking water regulations. The amended zoning will simplify, clarify, and make it easier for property owners in the Aquifer Protection District for several reasons, including: 1. Definitions are now consolidated into Section 2.0 with all. of the other Definitions; 2. Artificial recharge systems are no longer required for residential redevelopment that would result in exceeding the impervious area threshold. For example, an addition to a single family home that increases the lot coverage and would exceed the impervious area threshold could address drainage through developing rain gardens, swales, and other easier and typically less expensive improvements 3. The DEP has agreed that we can relax the requirements and still meet the State's regulations. Finance Committee Report: No report Bylaw Committee Report m given by Steohen Crook: The Bylaw Committee recommends this Article by a vote of 5 -0 -0 at their meeting on October 13, 2015. Community Plannina and DeveloDment Committee Rer)ort - aiven by Nick Safina: The Community Planning and Development Committee recommends this Article by a vote of 5 -0 -0 at their meeting on June 29, 2015 Presentation given by: ® Jeff Hansen - See Attached Motion made by William Brown, Precinct 8 to amend 10.3.6.1.2.B as follows: B Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; Delete the word "otherwise" Motion made by James Maughan, Precinct 4 to amend as follows: 7lPage 468 SUBSEQUENT TOWN MEETING IdtQ11114-1 1 ?'_ 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 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 and the Conservation Commission is provided; Motion Does Motion made by James Maughan, Precinct 4 to amend as follows: 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 that portion of the lot located within the District, whichever is greater, unless- (1) 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; (2) Pervious Pavers, Pervious Pavement or equivalent are used and the manufacturer's specifications for infiltration are factored into the Impervious Surface and infiltration calculations After some discussion a vote was taken: 2/3 Vote Required 124 Voted in the affirmative 0 Voted in the negative 130 Town Meeting Members in Attendance ARTICLE 10: Motion made by Jeff Hansen, Committee Planning and Development 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: 81Page 469 SUBSEQUENT TOWN MEETING ,... r 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 vo%e 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. BackgLound: The Charter Review Committee discussed the topic of Associate members at length during their review process. As many Town Meeting members will recall, during the January 2015 Special Town Meeting it was decided to leave only broad language in the Charter on this issue, and to request a change to the General Bylaws that would contain further details. That way, future changes needed would go through the comparatively easier process of changing the General Bylaws. Such a bylaw was passed by April 2015 Town Meeting. In late August 2015 the Attorney General ruled that neither the Community Planning and Development Commission nor the Zoning Board of Appeals were allowed Associate members under the general bylaw: "We approve the new Section 3.3.1.6, but the Town cannot apply it to the Zoning Board of Appeals (ZBA) or the Planning Board. It would be inconsistent with MGL Chapter 40A, Sections 9 and 12, to create an associate member position on the ZBA or the Planning Board by way of a general by -law. General Laws Chapter 40A, Sections 9 and 12 authorizes the appointment of associate members to the ZBA and the Planning Board only by way of a zoning by -law, adopted in accordance with the requirements of MGL Chapter 40A, Section 5. If the Town wishes to provide for appointment of associate members to the ZBA or the Planning Board, it will have to amend its zoning by- laws." This Article proposes to change the zoning bylaws and accomplish the original intent of April 2015 Town Meeting. Note one change to that intent - the state's Zoning Act allows Planning Boards to have only one associate member, who can vote on Special Permits. . Below are the relevant sections described above, first the new section from the Charter describing Associate Members broadly, followed by the new General Bylaw with more details: CHARTER 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. Associates 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. GENERAL BYLAW 3.3.1.6 Appointment of Associate Members 9IPage 470 Reading Memorial High School Preforming Arts Center 0=71717-TIFFAWTis All boards and committees appointed by the Board of Selectmen may have Associate Members. The provisions of this section shall be applicable to all Associate Members of such bodies except as otherwise provided. The number of Associate Members on a board or committee shall not exceed two - thirds (2/3) of the number of regular members on that board or committee. Associate Members shall serve for a two (2) years term, so arranged that as nearly an equal number of terms as possible shall expire each year. Associate Members shall be appointed by the Board of Selectmen. If any regular member is absent from a meeting, disqualified from acting, or otherwise unable to deliberate on a particular matter that comes before a board or committee, the chair of such board or committee may designate one or more Associate Members to deliberate and vote on any matter before the board or committee. If more than one Associate Member is available to fill a temporary vacancy, the chair shall designate the Associate Member having the greatest tenure on the , board or committee; provided, however, that any Associate Member so designated shall be entitled to continue to participate in the matter as necessary and to remain qualified to vote thereon. Finance Committ a Report- No report Bylaw Committee ReRort - given by Stephen Crook: The Bylaw Committee recommends this Article by a vote of 5 -0 -0 at their meeting on October 13, 2015. Board of Selectmen Retort: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article. Community Plannina and DeveloDment Committee Resort - aiven by Nick Safina: The Community Planning and Development Committee recommends this Article by a vote of 4 -0 -0 at their meeting on October 5, 2015 Presentation given by: ® Bob LeLacheur - See Attached 2/3 Vote Required Declared by Moderator 130 Town Meeting Members in Attendance LIM ARTICLE 11: Motion made by Dan Ensminger, Board of Selectmen amend the General Bylaw 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, in accordance with the provisions of Section 8.12 of the Reading Home Rule Charter. 101 Page 471 SU3SEQUENT TOWN MEETING Reading Memorial o.. Preforming Arts "'enter 71 UTT ii' 1 Background: A new section in the Charter (8.12 Removal of an Appointed Board or Committee Member) clarifies and offers more structure to the process of removing a volunteer. The change suggested to the general bylaw in this Article reflects the change made to the Charter. Finance Comm1ttg@ Report: No report Bylaw Committee Report a iiven by Stephen Crook: The Bylaw Committee recommends this Article by a vote of 5 -0 -0 at their meeting on October 13, 2015. Board of Selectmen Report; The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article. Presentation given by :. 0 Bob LeLacheur - See Attached After some discussion a vote was taken: ARTICLE 12: Motion made by John Halsey, Board of Selectmen that the Town 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. Background: This Article has been brought to Town Meeting twice before, and tabled each time as we had no definitive legal settlement to complete. As of the closing of the Warrant for November Town Meeting we expect to have a comprehensive settlement as the legal negotiations are nearly complete. At the Special Town Meeting in January 2015 we provided this background: A late - breaking litigation matter was brought to the Town's attention in early December 2014. This included a proposed settlement to be paid in late December 2014 in order to avoid litigation. Town Counsel was able to secure an extension for any possible settlement to allow for action by the January 2015 Special Town Meeting. If such a settlement is advisable, Town Counsel will explain the issue to Town Meeting on the floor, otherwise this Article will be tabled. At the Special Town Meeting in April 2015 we provided this update: The Town may be named as defendant in a suit seeking contribution towards the cost of cleanup of the Sutton Brook Disposal Area Superfund Site, formerly known as Rocco's Landfill. The Town has received a preemptive offer of settlement, to be paid in exchange for avoiding litigation. Town Counsel has been looking into both the chances such a suit will actually be brought as well as the legitimacy of any claims the Town would face. Town Counsel and the Board of Selectmen will meet in Executive Session on April 14, 2015 in order to recommend a course of action. This Article is placed on this Warrant as a placeholder in the event that there is need for Town Meeting to approve the payment of a settlement. Finance Committee Report 9 given by Vanessa Alvarado: The Finance Committee recommends Article 12 by a vote of 6 -0 -0 at their meeting on October 14, 2015. 111 page 472 SUBSEQUENT TOWN MEETING Reading Memorial High School November 12, 2015 Preforming Arts Center Board of Selectmen Report, The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article. Presentation given by: • Bob LeLacheur - See Attached ARTICLE 33: Motion made by William Brown, Board of Cemetery Trustees to Indefinitely Postpone the subject matter of Article 13 ARTICLE 14: Motion made by Kevin Sexton, Board of Selectmen that the Town vote to amend the General Bylaw 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 terms 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 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 acting within the scope of lawfully authorized duties; or • The use of such weapons on any lawfully permitted target, trap or skeet range. Background: This warrant article is the result of an instructional motion that was put forward at the Special Town Meeting of January 2015. Town Meeting Members voted to ask the Board of Selectmen and the Town Manager to: 12 1 Page 473 SUBSEQUENT TOWN MEETING AM* November 12, 2015 - Look imo how and ,vvhy General Bylaw 8.9.1 was amended in 2011 and report back to Annual Town Meeting; - Investigate the history of the Timberneck Swamp and how it was designated conservation land with an island of private land in the middle of it and report back to Town Meeting at Annual Town Meeting; - Determine and implement strategies that will, in the immediate future, improve the safety of nearby residents and travelers through the neighborhood of the Timberneck Swamp by, for example,, clearly and visibly delineating the boundaries of this conservation land, posting "no hunting" signs on all parcels of town land, late.; - Investigate the legality of transporting any type of firearm or explosives across town land for the purposes of hunting, sporting, etc., and report back to Annual Town Meeting; - Appoint a working group to draft a revision to General Bylaw 8.9.1 that protects the rights and interests of all town citizens. In order to complete this last request, in May of 2015 the Board of Selectmen's Volunteer Appointment Sub - Committee interviewed several candidates and the Board appointed a Firearm Ad Hoc Committee comprised of (2) Board of Selectmen, the Deputy Police Chief and four residents of the Town of Reading, including at least one Town Meeting member. The ad hoc Committee met five times over this summer to discuss General Bylaw 8.9.1 and with the help of Town Counsel, determined that our current bylaw was not well written or easy to follow. Below is the full text of the current bylaw that is suggested to be deleted in its entirety: 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, 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. The ad Hoc Committee instructed Town Counsel to write a total of five new versions of General Bylaw 8.9.1 for the committee to discuss, representing several different viewpoints. After significant discussion and compromise, the proposed General Bylaw 8.9.1 before you represents the version the committee voted to present to Town Meeting. Bylaw Committee Report - given bStephen Crook: 1 The Bylaw Committee recommends this Article by a vote of 5 -0--0 at their meeting on October 13, 2015. Board of Selectmen ReRort: The Board of Selectmen on October 6, 2015 voted 5 -0 -0 to support this Article. Presentation given by: A Kevin Sexton - See Attached Motion made by Eric Fournier, Precinct 6 to amend as follows: 131 Page 474 SUBSEQUENT TOWN MEETING Reading Memorial High School November 12, 2015 Preforming Arts Center The use of such weapons on. any lawfully permitted hunting, target, trap or skeet range. * Within 4rHGG 500 feet from a dwelling or other building in use, or 3Gf ISO feet from a public way; or Motion made by Peter Lydecker, Precinct I to Move the Question of amendment 2/3 Vote Required 106 Voted in the affirmative OVoted in the negative 130 Town Meeting Members in Attendance Motion made by Margaret Russell, Precinct 3 to Move the Question 2/3 Vote Required 112 Voted in the affirmative 5Vntad in the negative 130 Town Meeting Members in Attendance After some discussion a vote was taken: Dan Ensrningar, Board of Selectmen moved to adjourn the 2015 Subsequent Town Meeting sine die at 10:25 PM with 130 Town Meeting Members in attendance, LYra 4Ge Town Clerk 141 page 475 mrsillBam lool 476