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HomeMy WebLinkAbout2009-04-27 Annual Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on March 11, 2009 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town -Meeting. Warrant in. the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Peter Sanborn Place, 50 Bay State Road Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Wood End School, 85 Sunset Rock Lane The date of posting being not less than fourteen (14) days prior to April 7, 2009, the date set for the Local Election in this. Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of March 12, 2009. A_/_ Alan W. Ulrich, Constable A true copy. Attest: Johnson, Town Clerk 1 TOWN WARRANT (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in the Presidential Primary and Local Elections and Town affairs, to meet in the following place designated for the eight precincts in said Town, namely: Precincts 1, 2, 3, 4, 5, 6, 7 and 8 RMHS Hawkes Field House. Oakland Road TUESDAY, the SEVENTH DAY OF APRIL, A.D., 2009 from 7:00 a.m. to 8:00 p.m. to act on the following Articles, viz: ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; , One member of the Board of Selectmen for three years; One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; Two members of the School Committee for three years; and Sixty five Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 Eight members for three years; Precinct 2 Eight members for three years; one member for one year; Precinct 3 Eight members for three years; Precinct 4 Eight members for three years; Precinct 5 Eight members for three years; Precinct 6 Eight members for three years; Precinct 7 Eight members for three years; and Precinct 8 Eight members for three years. QUESTION 1 Shall the Board of Selectmen be granted the authority to issue licenses for the sale of all alcohol beverages to be consumed on the premises to restaurants with a seating capacity of less than 100 persons? Yes No Summary. Currently, the Board of Selectmen may only issue an all alcohol beverage license to a restaurant that has a seating capacity of not less than 100 persons. An affirmative vote under this question would permit the Board to issue all alcoholic beverage licenses to those restaurants that do not meet the minimum seating capacity for 100 patrons. The Board believes that such a reduction will benefit smaller restaurants in Town. The license will be subject to rules and regulations established by the Board of Selectmen as well as all other provisions of Massachusetts General Laws, Chapter 138. Approval of this measure will not change the total number of restaurant licenses (all alcoholic or wine and malt) that can be issued in the Town. 2 and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY-SEVENTH DAY OF APRIL A.D., 2009 at seven-thirty o'clock in the evening, at which time and place the following Articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 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 & Development Commission, Town Manager and any other Official, Board or Special Committee. Board of Selectmen ARTICLE 3 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. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2009 - FY 2018 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 11 of the Warrant of the Annual Town Meeting of April 28, 2008, as amended under Article 4 of the November 10, 2008 Subsequent Town Meeting; and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal Year 2009 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to approve the FY 2010 - FY 2019 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen 3 ARTICLE 8 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section . 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax - ' levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto. Board of Selectmen ARTICLE 10 To see if the Town will vote to transfer the sum of One Hundred and Twenty Five Thousand Dollars ($125,000) from the sale of real estate fund for the purpose of designing a building or buildings to replace the present service building in the Laurel Hill Cemetery including but not limited to design specifications, test borings, surveying and any other items incidental thereto, said funds to be expended by and under the direction of the Town Manager, and that the Town Treasurer be and hereby is authorized and instructed to transfer said sum to carry out the purpose of this vote, or take any other action with respect thereto. Board of Cemetery Trustees ARTICLE 11 To see if the Town will vote to authorize revolving funds for certain Town Departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the fiscal year beginning July 1, 2009 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 Consulting and engineering Fees As provided services for the for in Reading review of designs $25 000 Conservation General Bylaws and engineering , Available Commission Section 5.7, work for the for Consulting Conservation Wetlands protection of expenditure Fees Commission Protection wetlands. next year Legal, oversight and inspection, plan Building review, initial Plumbing, Wiring, property appraisals Gas and other and appeals, permits for the Community $200,000 Walkers Brook Services general Crossing, management, Available Inspection Archstone and landfill monitoring for Revolving Town Johnson Woods costs, curb expenditure Fund - Manager develo ments sidewalks and next year 4 pedestrian safety improvements, records archiving and other project related costs. Vaccines, materials for screening clinics and clinical supply costs, medical equipment and $25,000 supplies, Available Public Health Clinic fees and immunizations, for Clinics and Board of third party educational expenditure Services Health reimbursements materials next year Acquire Library Available Library Library Charges for lost materials to replace 000 $15 for Materials Director and or damaged lost or damaged , expenditure Replacement Trustees Libra materials items next year Utilities and all Available Mattera other maintenance 000 $10 for Cabin Recreation and operating , expenditure Operating Administrator Rental Fees expenses next year or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to establish a stabilization fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see what sum the Town will vote to transfer to the Water Enterprise Fund, sums of money received during FY 2009 and which may be received in subsequent years as a result of the settlement of the so-called MTBE litigation, or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will vote to determine how much money the Town will appropriate by borrowing, or from the tax levy, or transfer from available funds, or otherwise, for the operation of the Town and its government for Fiscal Year 2010 beginning July 1, 2009, or take any other action with respect thereto. Finance Committee ARTICLE 15 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of making energy and water conservation and similar improvements to Town owned properties, 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 Superintendent of Schools and the Town Manager; and to see if the Town will authorize the School Committee, Board of Selectmen, Superintendent of Schools, Town Manager, or any other agency of the Town, to apply for a 5 grant or grants, to be used to defray the cost of all, or any part of, said energy and water conservation improvements; and to authorize the Superintendent of Schools 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, or take any other action with respect thereto. School Committee ARTICLE 16 To see if the Town will vote to amend the Town of Reading General Bylaws, Article 3, Section 3.1 Board of Selectmen, by adding a new section as follows: 3.1.2 Whenever a decision of Commission, Zoning Board of Appeals or conveyance of land, or any interest therein, Town for nominal consideration, the Board conveyance on behalf of the Town the Community Development and Planning Conservation Commission provides for the including but not limited to easements, to the of Selectmen is authorized to accept said or take any other action with respect thereto. Board of Selectmen ARTICLE 17 To see if the Town will vote to adopt the following bylaw as Section 5.5.10 of the Reading General Bylaws: Section 5.5. 10 - Public Consumption of Mariiuana or Tetra hvdrocannabinol No person shall smoke, ingest or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in G.L. c. 94C, 1, as amended) while in or upon any street, - t sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, school house, school grounds, cemetery, parking lot or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by a common carrier, or in any place accessible to the public. This bylaw may be enforced through any lawful means in law or in equity including but not limited to enforcement by criminal indictment or complaint pursuant to G.L. c. 40, §21, or by noncriminal disposition pursuant to G.L. c. 40, §21D, by the Board of Selectmen, the Town Manager, or their duly authorized agents or any Police Officer. The fine for violation of this bylaw shall be Three Hundred Dollars ($300.00) for each offense. Any penalty imposed under this bylaw shall be in addition to any civil penalty imposed under G.L. c. 94C, §32L, or take any other action with respect thereto. Board of Selectmen ARTICLE 18 To see if the Town will vote to amend the Town of Reading Zoning By- Laws as follows: (words in italics denotes new language) To amend Section 5.1.2, Table of Dimensional Controls, to reduce the minimum front yard setback in the Business-A Zoning District from fifty (50) feet to fifteen (15) feet for one or two family dwellings, apartments, and other permitted principal uses; and 6 To amend Section 4.9.7.2.b so that the By-Law provision reads as follows: "The minimum front, side and rear yard requirements shall be the same as in the underlying districts except that the minimum front yard set-back may be as little as 30 feet if there is no parking in the front yard and except in the Business A district the front yard setback shall be fifteen (15) feet for one or two family dwellings, apartments, and other permitted principal uses", or to take any other action with respect thereto Community Planning and Development Commission ARTICLE 19 To see if the Town will vote to amend Paragraph a. of Section 4.9.7.2. of the Reading Zoning By-Laws, by inserting the parenthetical words, "(other than financial institution and/or pharmacy drive-thru uses)", after the words "drive-thru uses", so that Paragraph a. of Section 4.9.7.2 reads as follows: a. Within a PUD-B Overlay District, any portion of land that is within the underlying Business A District or within 30 feet of the underlying Business A District zoning boundary line may be used for those various uses allowed within the underlying Business A District, excepting that Automotive Uses and enclosed storage as a primary use as listed in the Table of Uses in Section 4.2.2 (Table of Uses), and fast food restaurant or drive-thru uses (other than financial institution and/or pharmacy drive-thru uses) shall not be allowed. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 20 To see if the Town will vote, pursuant to Section 2-6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto: Precinct 1 Mark L. Dockser Jane M. Spano Precinct 2 Mary Frances Grimmer George A. Snow Precinct 3 David A. Craven Albert Garbarino Catherine L. Martin John Michael O'Leary Kathleen M. Tibbetts Precinct 4 Paul J. Baratta Precinct 5 Frederick S. Shaffer Precinct 7 C. Ellen Commito Precinct 8 Andrew Patrick Murphy Board of Selectmen 7 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to April 7, - 2009, the date set for the Election in said Warrant, and to publish this Warrant in a newspaper published in the Town, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 10th day of March, 2009. St en A. Goldy, Chairman Ben Tafoya, Vice Chairman a~ ?'J ames EE. Bonazoli es/ :r: SELECTMEN OF READING Ain W. Ulrich, Constable. 8 Richard W. Schubert