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2013-01-28 Special Town Meeting Warrant Report
N E C SPECIAL TOWN MEETING JANUARY 28, 2013 TABLE OF CONTENTS Article Title Sponsor Paae# 1 Reports 2 2 Instructions 2 3 Amending the Capital Improvement Program FY2013 — FY2022 3 4 Amending the FY2013 Budget 3 5 Approve Payment of Prior Year's Bills Finance Committee 4 6 Authorizing debt — Reading Public Library Pro'ect Board of Library Trustees 5 7 Eminent Domain Taking — Pearl Street Board of Selectmen 10 8 Easement — Walkers Brook Drive — Bus Shelter Board of Selectmen 11 9 Vacating and Accepting Easement — 518 Summer Avenue Board of Selectmen 12 10 Amending Zoning Bylaw — Electronic Billboards Board of Selectmen 13 APPENDIX Capital Improvement Plan (blue pages) 17 Conduct of Town Meeting 26 Town Meeting Handout Guidelines 33 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: �y„8y virtue of this Warrant, 1, on January 9, 2013 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur 8 Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to January 28, 2013 the date set for the Town Meeting in this Warrant. -I also caused a posting of this Warrant to be published on the Town of Reading website on January 11, 2013 Thomas H Free an , Constable A true copy Attes w�,�, �-^ Laura Gemme, Town Clerk ME TOWN WARRANT F °ux» r COMMONWEALTH OF MASSACHUSETTS Middlesex, as. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Performing Arts Center, 62 Oakland Road, in said Reading, on Monday, January 28, 2013 , at seven -thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, 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, No Conservation Commission, Town' Manager and any other Board or Special Committee. Board of Selectmen Backaround: This article appears on the Warrant for all Town Meetings. At this Special Town Meeting, the following report(s) are anticipated: Finance Committee Report No report. Bylaw Committee Report: No report. ARTICLE 2 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 raise by borrowing or transfer from available funds, or otherwise, and appropriate 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 Backaround: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting Members may be 'warned" as to the (^, subject of an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2013 - FY 2022, 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 Background: The following amendments are proposed to the FY 2013 — FY 2022 Capital Improvements Program (CIP) as previously approved at Annual Town Meeting in April 2012 and amended at Subsequent Town Meeting in November 2012. These amendments need to be included in the CIP in order for Town Meeting to consider funding them under the various Articles at Town Meeting. The full revised CIP is included in the blue pages in the back of this report. General Fund FYI 3: +$77.500 + $25,000 School Facilities (Parker MS) padding for gymnasium walls + $25,000 School Facilities (RMHS) furniture + $27,500 School Facilities (various) security systems upgrade FY14: +$15.000 + $15,000 Town Facilities (Main Fire Station) furniture + Killam debt exclusion moved out one year to FYI FY15 to FY22: + No other changes made Finance Committee Report: At the meeting on January g, 2013, the Finance Committee voted to recommend the subject matter of this Article by a vote of 8-0-0. This Article allows capital items to be placed in the plan for consideration and a vote in a later Article at this and future Town Meetings. A 10 - year balanced capital plan is a prudent fiscal tool that facilitates long range planning and prioritization. Bylaw Committee Report: No report. ARTICLE 4 To see K the Town will vote to amend one or more of the votes taken under Article 13 of the April 23, 2012 Annual Town Meeting relating to the Fiscal Year 2013 Municipal Budget, and amended under Article 4 of the November 13,-2012 Subsequent Town Meeting and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respecl thereto. Finance Committee Backaround: • General Fund — Wages and Expenses Account Line Descriotion Decrease Increase C99 - Capital $25,000 School Facilities — padding for Parker MS $77,500 gymnasium walls $25,000 School Facilities — RMHS furniture, ordered in time for summer 2013 installation $27,500 School Facilities — upgraded security s stems D99—Debt Service Interest paid on Assessor abatement settlements: $46,000 Verizon $40,903.88 (from 5/1/09) 413 Main St. $205.31 (from 5/1/11812) HD Dev. $4,485.25 from 5/1 /11 81 2 191 — Finance wages November Presidential election — extra Police $7,000 details and election workers Elections 192 — Finance Police promotion assessment center (HR) $10,000 expenses K91 — Community Regionalize Veteran's Service District, shift some $11,000 Services wages wages to expenses K92 — Community Services expenses Regionalize Veteran's Service District, shift some wages to expenses $11,000 Subtotals $77 000 $151,500 Net O ratin Expenses E140,500 From Tax Levy, State Aid and Other Local . $140,500 Receipts Finance Committee Report: The Finance Committee voted to recommend the subject matter of this Article by a vote of 8-0-0 at their January 9, 2013 meeting. These budget changes are necessary to fund operations. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal Year 2013 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 Backaround: An invoice was received in the November accounts payable warrant that pertains to FY12. The invoice is for NixonPeabodyLLP in the amount of $500.00. The invoice is for legal work on an escrow account set up on the March 2012 bond refunding. The vendor mistakenly forgot to bill municipalities for these services rendered in the first half of CY 2012. This article will require a 9/10 super -majority vote by Town Meeting. is Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 8-0-0 at their January 9, 2013 meeting. Bylaw Committee Report: No report. ARTICLE 6 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of renovating and expanding the Reading Public Library located at 64 Middlesex Avenue, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services, temporary relocation and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the Board of Library Trustees and the Town Manager; and to see If the Town will authorize the Board of Library Trustees, 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 Board of Library Trustees 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, subject to approval by the voters of the Town of a Proposition 2'% debt exclusion for the Town portion of the cost of the project, or take any other action with respect thereto.. Board of Library Trustees Background: In October 2012, the Massachusetts Board of LibraryCommissionersawarded Reading a General Construction Provisional Grant award of $5,105,114. The award is conditional upon the Town's securing funding for its share of the project cost by June 2013. {, WHAT IS THE LIBRARY GENERAL CONSTRUCTION AWARD FOR? iii/ The State approved a plan presented by the Reading Public Library calling for a complete renovation of the current 31,000 SF Library building and a 7596 SF addition on the east side. How DID THIS PLAN COME ABOUT? Since 2007 the Reading Public Library Trustees and the Town administration have acknowledged that the current library building requires a major capital investment in order to function into the future. After consulting with community members, town and facilities staff and administration, the Trustees engaged a team of professionals, including engineers and architects to perform a building assessment of the current library to gauge its long-term suitability as d library and its capacity to serve the Town for the next twenty years. Based on the subsequent report and approval from the Town, Trustees applied for a General Construction Grant to modernize the facility while preserving the historic character and comfortable feel of the current library. The design specifications required the continued use of the Highland School, sensitivity to the neighborhood setting, and that the project be minimally disruptive both during and after construction. THE LIBRARY LOOKS FINE TO ME— WHY IS THIS BIO CONSTRUCTION PROJECT NECESSARY? While everyone works hard to keep the library looking clean and comfortable, and high ceilings, bright windows, and a cheerful decor make it feel spacious and open, there are both structural and system issues that are interfering with the library's ability to function. In spite of the best efforts to keep up with repairs and preventative maintenance, there has been an increase of costly and urgent issues in recent years. Moreover, when the old Highland School building was converted for library use in 1983, it was done on a cost -conservative basis using local funding exclusively. The final budget of $997,000 did not address major items such as floor loading, roof restoration, electrical service, HVAC, windows, and t other structural and functional issues. While the library has been very well -served by inheriting the lovely oid Highland School and everyone associated with the library greatly appreciates the efforts that went into making it useful for the library, the problems associated with modestly adapting a nineteenth-century school building for a twenty-first century library are taking a toll on budgeting and planning for the future. SO WHAT ARE THE PROBLEMS? Here's a brief list to begin with: • Floor Load — Built originally as a school, the wooden floors were not sufficiently reinforced to withstand typical library load. That is why most of the adult collections at the Library are in the basement. • Building envelope — including inadequate insulation, poor drainage, damaged gutters and downspouts, etc. • Windows — All of the windows on the main and second floor need to be replaced, except eight that were done at great expense and time a few years ago. The most of these windows are original to the 117 -year-old building and are not energy efficient or, in some cases, functioning. • Roof — The roof leaks. Leaks that have overflowed the buckets in the attic, or sprung up in unexpected places have caused water damage in the children's room ceiling and some of the materials in the children's collection. • Masonry — The exterior of the library has suffered erosion from water and other environmental factors, leading to additional water leakage and damage in the building, particularly the basement. The brick needs to be repointed and masonry repaired. •. Electrical - While the service coming into the library is sufficient, the power distribution within the building is grossly insufficient. Most of the building lacks adequate outlets to support laptops use, essential lighting, or modem equipment like copiers, laminators, scanners, and computers and printers. There are many other major system problems that are described and illustrated with photographs and examples in the library's Construction Grant Application, including ventilation, heating and cooling, accessibility, data lines, security and safety, and energy inefficiency. Codes have changed drastically in the thirty -years and the overall structures and systems are overdue for replacement and upgrades. Copies of the Grant Application (200+ pages) are available at the library. WHY DO WE NEED TO BUILD AN ADDITION? In order to qualify for the construction grant award, the library's design plans have to include sufficient functional space for the library to serve the community for at least twenty years. Based on modest (10%) growth predicted for Reading, some functional areas are severely inadequate and need to be relocated and expanded. These include space for quiet reading and silent study, space for children's programs, space for more computers for public use, and expanded and accessible conference and meeting rooms. WHY CAN'T WE JUST "FIX" THE BUILDING? There is no state construction money for fixing the building. DO PEOPLE STILL USE THE LIBRARY? ISN'T EVERYTHING ONLINE? Reading citizens are using the library more than ever every yearl Circulation of library materials has almost doubled since 1983, to over 500,000 annually. The library received over 200,000 visitors last year and has over 16,000 active library card users. Over the past 30 years, the library has added essential services including computers for public use, teen services, book discussion groups, tax form distribution, museum pass program, parentichild story times, Sing-alongs, and places for group study. Here's a snapshot comparing library use from 1984-2010: `� ® _ ,�--482552 500000 400000 ~ 300000 { --"'-----....._- j258825 __ ■ 1984 200000 �I, 67599'--"— 02010 100000 509 / 2010 0,_ ,_.__,__.. --- _' 1984 _""-- Circulation Interlibrary Loans Books borrowed 1984-2010 I" A 45693 50000_ 40000 / /T 30000 -217004 __ ■ 1984 5872■ 2010 20000_T 2010 l 10060 ,p ..jX1984 Teen Collection Children's Collection Collections Growth 1984-2010 The plan that has been developed for the future recognizes the Reading Public Library as a beloved center of the community. It is planned with flexible spaces for public use and a cost-effective design to deliver library services for young and old to explore their world and discover their future through books and other media, programs, and with the expert assistance of librarians trained to navigate the ongoing explosion of knowledge and information and online learning. Wherever the future of "the book" lies, people will continue to seek out a place to learn and grow and discuss and explore, to build community, and to be greeted by friendly, knowledgeable people who understand how to make the latest gizmo work) 7 QUOTES OF SUPPORT • "After a review of this documentation and presentation, the Commission has determined that the proposed project will comply with the spirit of the renovation and construction guidelines enumerated by the Secretary of the Interior for buildings listed on the National Register." Reading Histoncal Commission, January 2011 "As the Director of Community ServiceslTown Planner I applaud the efforts by all involved in this endeavor to update, expand, and rehabilitate and breathe new life into the Reading Public Library .... The library's plan is consistent with the Reading Master Plan because it will preserve a vital educational, cultural, architectural, and historic resource. Likewise, it is located within walking distance of downtown and reinforces the attractiveness of our "village style" town center. The availability of more space for community meeting rooms, children's activities, reading rooms and quiet study, and new computer areas will completely transform the Reading Public Library. The green roof and energy efficiency elements of the plan are especially noteworthy and consistent with our plans for sustainable development." Jean Johnson Delius, Community Services DirectorlFown Planner, January 2011 "The Reading Public Library building, originally built as a school, was converted to a library facility in 1983 as the Town of Reading's needs grew. Over the course of its 116- year -life many small renovations have occurred with the most recent occurring in 1983. The spaces have been repurposed to allow the Library to operate more efficiently. However due to the age of the building, its overall condition and its ability to function as a 21st century Library, a full renovation is necessary." Joseph P. Huggins, Director of Facilities October 2012 FIRST FLOOR as= M cap rE1 • Computer classroom • Relocation of general stacks • Additional study areas • More space for public computers • Parking lot entrance relocated symmetrically C3 g 7 R • Quiet reading room and nooks • New young adult area • Modernized circulation are including optional self -checkout • Processing area for increasing homebound requests • U %1 SECOND FLOOR • Doubling of space for children • Additional computer stations for children • New early learning center GROUND FLOOR • Designated area for children's programs • Space for outdoor programs surrounded by a green • 3 additional study rooms • • Additional conference rooms • Larger meeting room with accessibility after library hours • 7 Additional Parking spaces Finance Committee Report: Bylaw Committee Report: No report. L • Fully accessible book stacks with better lighting • Enhanced staff presence on lower level • Relocation of Local History ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to acquire by Am eminent domain the land, easements, and rights therein, and all right, title, and interest in water mains and drainage systems, manholes, pipes, appurtenances thereto located within Old Pearl Street, consisting of two portions of Old Pearl Street shown as 'Lot A' and "Lot B" on the plan entitled "Old Pearl Street Taking And Discontinuance Plan', prepared by Bay State Surveying Associates, dated January 2, 2013, showing the two portions of Old Pearl Street to be taken by eminent domain; and Further to see if the Town will vote to discontinue as a public way pursuant to M.G.L. c. 82, §21 for all purposes the portions of Old Pearl Street shown as Lot A on said plan, subject to the reservation of any and all utility and drainage facility eapements in said way; and Further to see if the Town will vote to transfer the care, custody, control and management of said discontinued portion of Old Pearl Street (Lot A) and "Lot C" as shown on said plan from the Board of Selectmen for public purposes, to the Board of Selectmen for the purpose of conveyance, and Further to see if the Town will vote to authorize the Board of Selectmen pursuant to M.G.L c. 40, §3 to convey all or any part of the Town's right, title and interest in said Lot A and the above -referenced "Lot C" upon such terms and conditions, and for such consideration as the Board of Selectmen deem to be in the best interest of the Town, or take any other action thereon. Board of Selectmen Backaround: In the fall of 2011 Town Meeting authorized the transfer of a portion of Old Pearl Street to the Board of Selectmen, and authorized the sale of the portions of Old Pearl Street and the adjacent Town land. In moving forward to sell the properties, the Town was not able to provide clear title to the Old Pearl Street portions of the property. Town Counsel and the Title Examiner have recommended that the Town go back and do an eminent domain taking of Old Pearl Street, in order to clear the title and make the southerly portion salable. J 10 er- r — — LFe3?X]d�w mVfl'J�dl'Y�pfj®,�- UP J 10 G Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of B-0-0 at their January 9, 2013 meeting in order to obtain a clear title to the property. Bylaw Committee Report: No report. ARTICLE 8 'To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of an easement for construction and maintenance of a bus shelter located at 25 Walkers Brook Drive which easement is shown on a plan entitled "ACCESS EASEMENT LOCATED AT 25 WALKERS BROOK DRIVE, READING, MA" upon such terms and conditions and for such consideration as the Board of Selectmen deems to be in the best interest of the Town, or take any other action with respect thereto Board of Selectmen Background: The Town has been trying for a couple of years to locate a bus shelter on Walkers Brook Drive. There is a fairly large number of commuters who use this location (Walkers Brook Drive at NewCrossing Road) to get to their jobs in this commercial area of Town. Currently the bus shelter consists of an ad hoc collection of shopping carts that are used as benches while waiting for a bus. There is no shelter from the elements. The problem in installing the bus shelter is that the public right of way is not adequate to accommodate the sidewalk and bus shelter, and an additional easement is needed. The property owners in the area have generally been uncooperative in granting an easement, but the owner of the Stop and Shop property has agreed to allow the easement. This article allows the Town to accept the easement. The bus shelter installation will take place as soon as possible, depending on the weather. a atUMPAW 11 Finance Committee Report: The Finance Committee recommends the subject matter of this Article by Q a vote of 8-0-0 at their January 9, 2013 meeting for the consideration of $1. Bylaw Committee Report: No report. ARTICLE 9 To see if the Town will vote pursuant to Mass. Gen. Laws c. 40, §15, to authorize the Board of Selectmen to abandon a drainage easement and release any right, title or interest that may be held by the Town on a portion of land owned by Jeffry Hardy and Alison Hardy, located at 518 Summer Avenue, Reading, Middlesex Country, Massachusetts; said drainage easement is shown as "Proposed 15' Wide Drain Easement", on a plan entitled "Plan Of Land In Reading Massachusetts Drain Easement 518 Summer Ave", dated October 19, 1990', which plan is recorded at the Middlesex South District Registry of Deeds as Plan No. 209 of 1992, and recorded at Book 21871, Page 524; and which easement was taken by Order of Taking of the Reading Board of Selectmen dated November 19, 1991, and recorded at said Registry Book 21871, Page 535; and To see if the Town will vote to authorize the Board of Selectmen, pursuant to Mass. Gen. Laws c. 40, §3, to accept a 1;878 square ft. drainage easement from Jeffrey Harding and Alison Hardy on the property located at 518 Summer Avenue, Reading, all as shown on a plan entitled "Proposed Relocation of 15' Wide Drain Easement in Reading, Mass.; Prepared for: Jeffrey Hardy; Middlesex Survey, Inc.; Scale: 1" = 20'; dated November 28, 2012; or to take any action relative thereto. Board of Selectmen Background: The property owner at 518 Summer Avenue is selling the property, and in the process has determined that an addition built to the home was inadvertently constructed over a Town storm drainage easement. The Town Engineer has reviewed the situations and has determined that the home addition does not encroach over the storm drainage pipes, and that the pipes are an adequate distance from the home addition to allow for repair or replacement without impact to the home addition. This article authorizes the abandonment of the existing storm drain easement, and replaces it with a new easement that eliminates the encroachment. 12 n u U �a --�"`h,� mmHxc asarcrrxw �� SI r � a.w• � y4'q aimosu x¢arw rrov '.�l.�r:� �'�Fip '~km• �� �I � ��a �m® rmsr c � a�v�vwILI Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 10 To see if the Town will vote to amend portions of Section 6.2 of the Zoning Bylaw of the Town of Reading as follows (Gress-GiA represents language to be deleted, bold represents language to be added) 6.2.2 Definitions m. Off -Premises Sion: Any sign conveying a commercial or non-commercial message, located off-site, on land that is leased or rented which directs attention to a business, commodity, service, entertainment venue, attraction or other commercial or non-commercial activity. which -issold, offered OF e)kting elsewheFe thaR UPGA the Same let OR whish suGh sign is , Off -Premises Signs shall includeing any outdoor advertising sign ('billboard") or Electronic Sign defined as a sign that changes its message or copy at intervals by programmable electronic, digital, or mechanical processes or by remote control. 13 6.2.5 Prohibited Signs • d. Signs which contain a beacon of any type; which contain a spot light providing direct illumination to the public; which flash, revolve, rotate, move, or blink, or which fluctuate in light intensity; animated signs; that is, which use lighting to depict action or to create an illusion of movement or a special effect or scene except as allowed under Paragraph 6.2.6.3.1. e. Any self-illuminated or backlit signs which use LCD, LED, electronic messaging or digital technology, neon or similar signs except as displayed on the inside of windows subject to the provisions of Paragraph 6.2.6.2.c or used in an off- premises sign subject to the provision of Paragraph 6.2.6.3.1. 6.2.6.3 Signs in Business-A Zoning Districts 6.2.6.3.1 Off-Premises Signs: In a Business A Zoning District the Board of Appeals may grant a Special Permit for an Off Premises Sign. This includesiag an outdoor advertising sign ("billboard") im-a DiStFiCt or Electronic Sign under the following conditions: a. The proposed sign shall be in a Business A district immediately abutting an Interstate Highway, and within 25 feet of the main right of way of such highway excluding on and off ramps; b. The placement of the proposed sign shall be conditioned upon the elimination, within a 5 year period of the effective date of the Special Permit, of no less than three non-conforming Off Premises signs elsewhere in the Town of Reading; c. There shall be no more than one Off Premises sign on any one lot that existed as a separate lot ^+ at the time of adoption of this section; d. The sign may be double sided with no greater than a 30 degree angle of separation between the two faces; e. Illuminaiiem-ef the sign shall be by wdemal illumiFiatieR eRly and illumination shall he limlited to e. The sign shall not exceed 675 square feet on each of the two permitted faces; f. The maximum height of any Off Premises sign shall be 95 feet from the ground level upon which the sign is installed to the highest point of the Structure; g. The nearest part of any Off Premises sign shall be no closer than 20 feet from an abutting property, and no less than 10 feet from the highway right of way; and h. The proposed use shall not be detrimental to the public good. Or take any other action with respect thereto. Board of Selectmen Background As part of the 2010 Financial Forum, the Finance Committee and others recommended as a source of revenue that the Town allow billboard(s) to be placed on Town owned property, and that the Town would then collect rent for these locations. However, we have determined 14 L that there is no location in the Town of Reading where the Outdoor Advertising Board regulations would permit such billboards on Town land. The new Outdoor Advertising Board regulations now allow electronic signs. There have been two electronic billboards permitted as pilot projects along 1-93 — one in Stoneham and one in Medford. There is only one location in Reading where such electronic signs would be permitted, and that is on the property occupied by the Mobil gas station on West Street at 1-93. Section 6.2.6.3.1 of the Zoning bylaw currently allows billboards at this location, and the proposed amendments under this article will allow the new electronic format of billboard. The billboards are currently allowed and would continue to be allowed only by a Special Permit granted from the Zoning Board of Appeals. All conditions listed would have to be met in order to qualify for a special permit. While the Town does not own the property and therefore would not receive rent, the Town would be entitled to annual payment in the form of a "hosting" fee. The annual hosting fee is established through negotiations with the billboard company.. This annual fee could be as little as $25,000 and as much as $50,000, with periodic CPI escalators. In addition, the three existing billboards on north Main Street would be phased out over up to five years, removing them from the residential areas of the community. Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 8-0-0 at their January 9, 2013 meeting. This revenue initiative was suggested at a Financial Forum in 2010 and FINCOM is pleased to see the Town pursue another one of those initiatives. Bylaw Committee Report: The Bylaw Committee recommends the subject matter of this article by a .vote of 4-0-0. 15 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to January 28, 2013, 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 a day of January, 2013. ry, James Bonazoli SELECTMEN OF READING omas e. 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B ) ¥ � § | ) $ |§§ | $ ��,il� � ƒf{E ) «• -! !� 2 §2 � §§!■� # °■ � , #: „ ■�< § #§!#■�l ! p:er■ \ « K\#■K■\ § k®( f |( § $ ( 2 | ( . § a ( | ( �§ |§ # #■ .E ■§ # ) -9 Ell # # ! ! ! B ■ ¥ § | ) $ |§§ | $ ��,il� � ƒf{E CONDUCT OF TOWN MEETING Reading's Town Meeting is conducted in accordance with the rules set down in Article 2 of the Charter and the General Bylaws. Although Town Meeting Time Third Edition is the basic source, a Town Meeting Member need only be familiar with what is contained in the Charter. These notes are intended to outline the major points all Town Meeting Members should know, and which by knowing will make Town Meeting more understandable. Organization • Town Meeting consists of 192 elected members, of which 97 constitute a quorum. • There are two required sessions: The Annual Meeting in Spring which is primarily for fiscal matters and acceptance of the annual budget, and the Subsequent Meeting in November. Special Town Meetings may be called at any time that the need arises. • There are three main committees which review certain Articles and advise Town Meeting of their recommendations: Finance for all expenditures of funds, Bylaw for all bylaw changes, and the Community Planning and Development Commission for all zoning changes. Their reports are given prior to discussing the motion. General Rules Of Procedure • The Meeting is conducted through the Warrant Articles which are presented (moved) as motions. Only one motion may be on the floor at a time; however, the motion may be 41110 amended. Often two or more Articles which address the same subject may be discussed together, however, bnly one is formally on the floor, and each when moved is acted upon individually. Note that the vote on one may influence the others. • Members who wish to speak shall rise, state their name and precinct in order to be recognized. • A Member may speak for ten (10) minutes but permission must be asked to exceed this limit. • Seven (7) Members can question a vote and call for a standing count, and twenty (20) can ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes. Principal Motion Encountered At Town Meeting The following motions are the principal ones used in most cases by Town Meeting to conduct its business. Experience shows that the Members should be familiar with these. • Adjoum: Ends the sessions, can be moved at any time. • Recess: Stops business for a short time, generally to resolve a procedural question or to obtain information. • Lay on the Table: Stops debate with the Intention generally of bringing the subject up again later. May also be used to defer action on an Article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. • Move the Previous Question: Upon acceptance by a two-thirds (2/3) vote, stops all debate and brings the subject to a vote. This is generally the main motion, or the most recent 26 amendment, unless qualified by the mover. The reason for this as provided in Robert's • Rules of Order is to allow for other amendments should they wish to be presented. • Amend: Offers changes to the main motion. Must be in accordance with the motion and may not substantially alter the intent of the motion. In accordance with Robert's Rules of Order, only one primary and one secondary motion will be allowed on the floor at one time, unless specifically accepted by the Moderator. • Indefinitely Postpone: Disposes of the Article without a yes or no vote. • .Take from the Table: Brings back a motion which was previously laid on the table. • Main Motion: The means by which a subject is brought before the Meeting. The Following Motions May Be Used By A Member For The Purpose Noted: • Question of Privilege: Sometimes used to offer a resolution. Should not be used to "steal" the floor. • Point of Order: To raise a question conceming the conduct of the Meeting. • Point of Information: To ask for information relevant to the business at hand. Multiple Motions Subsequent (Multiple) Motions If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has previously been put to a vote and defeated, it will be viewed by the Moderator as reconsideration and will not be accepted. If the subsequent motion contains distinctly new material which is within the scope of the Warrant Article, then it will be accepted. An example of this latter situation is successive line items of an omnibus budget moved as a block. Sublect To The Following Considerations • The maker of any proposed multiple motion shall make their intent known, and the content of the motion to be offered shall be conveyed to the Moderator - prior to the initial calling of the Warrant Article. • Once an affirmative vote has been taken on the motion then on the floor - no further subsequent alternative motions will be accepted. (Obviously does not apply to the budget, for example.) • Also - There can only be one motion on the floor at any one time. You have the ability to offer amendments to the motion that is on the floor. You also have the ability to move for reconsideration. Town Of Reading Bylaw - Article 2 Town Meetina 2.1 General 2.1.1 Date of Annual Town Election The Annual Town Meeting shall be held on the third Tuesday preceding the fourth Monday in April of each year for the election of Town Officers and for such other matters as required by law to be determined by ballot. Notwithstanding the foregoing, the Board of Selectmen may schedule the commencement of the Annual Town Meeting for the same date designated as the date to hold any Federal or State election. 2.1.2 Hours of Election VJ 27 The polls for the Annual Town Meeting shall be opened at 7:00 AM and shall remain open until 8:00 PM. 2.1.3 Annual Town Meetina Business Sessions All business of the Annual Town Meeting, except the election of such Town officers and the determination of such matters are required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting to be held at 7:30 PM on the fourth Monday in April, except if this day shall fall on a legal holiday, in which case the meeting shall be held on the following day or at a further adjournment thereof. 2.1.4 Subsequent Town Meetina A Special Town Meeting called the Subsequent Town Meeting shall be held on the second Monday in November, except if this day shall fall on a legal holiday, in which rase the meeting shall be held on the following day. The Subsequent Town Meeting shall consider and act on all business as may properly come before it except the adoption of the annual operating budget. 2.1.5 Adlourned Town Meetina Sessions Adjoumed sessions of every Annual Town Meeting after the first such adjourned session provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting, shall be held on the following Thursday at 7:30 PM and then on the following Monday at 7:30 PM, and on consecutive Mondays and Thursdays unless a resolution to adjourn to another time is adopted by a majority vote of Town Meeting Members present and voting. 2.1.6 Posting of the Warrant The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said meeting by causing an attested copy of the warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or providing in a manner such as electronic submission, holding for pickup, or mailing, an attested copy of said warrant to each Town Meeting Member. 2.1.7 Closina of the Warrant All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 PM on the fifth (5") Tuesday preceding the date of election of Town officers, unless this day is a holiday in which case the following day shall be substituted. All articles for the Subsequent Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 PM on the seventh (7th) Tuesday preceding the Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in which rase the following day shall be substituted. 2.1.8 Delivery of the Warrant ' The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately deliver a copy of such Warrant to each member of the Finance Committee, the Community Planning and Development Commission, the Bylaw Committee and the Moderator. 2.2 Conduct of Town Meetina 2.2.1 In the conduct of all Town Meetings, the following rules shall be observed Rule 1 A majority of Town Meeting Members shall constitute a quorum for doing business. W Rule 2 All articles on the warrant shall be taken up in the order of their arrangement in the warrant unless otherwise decided by a majority vote of the members present and voting. Rule 3 Prior to debate on each article in a warrant involving the expenditure of money, the Finance Committee shall advise Town Meeting as to its recommendations and the reasons therefore. Rule 4 Prior to a debate on each article in a warrant involving changes in the bylaw or Charter, petitions for a special act, or local acceptance by Town Meeting of a State statute, the Bylaw Committee shall advise Town Meeting as to its recommendations and reasons therefore. Rule 5 Every person shall stand when speaking as they are able, shall respectfully address the Moderator, shall not speak until recognized by the Moderator, shall state his name and precinct, shall confine himself to the question under debate and shall avoid all personalities. Rule 6 No person shall be privileged to speak or make a motion until after he has been recognized by the Moderator. Rule 7 No Town Meeting Member or other person shall speak on any question more than ten (10) minutes without first obtaining the permission of the meeting. Rule 8 Any non -Town Meeting Member may speak at a Town Meeting having first identified himsetf to the Moderator. A proponent of an article may speak on such article only after first identifying himself to the Moderator and obtaining permission of Town Meeting to speak. No non -Town Meeting Member shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Non -Town Meeting Members shall be given the privilege of speaking at Town Meeting only after all Town Meeting Members who desire to speak upon the question under consideration have first been given an opportunity to do so. Rule 9 Members of official bodies and Town officials who are not Town Meeting Members shall have the same right to speak, but not to vote, as Town Meeting Members on all matters relating to their official bodies. Rule 10 No speaker at a Town Meeting shall be interrupted except by a Member making a point of order or privileged motion or by the Moderator. Rule 11 Any person having a monetary or equitable interest in any matter under discussion at a Town Meeting, and any person employed by another having such an interest, shall disclose the fact of his interest or his employer's interest before speaking thereon. Rule 12 The Moderator shall decide all questions of order subject to appeal to the meeting, the question on which appeal shall be taken before any other. Rule 13 When a question is put, the vote on all matters shall be taken by a show of hands, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the show of hands, or if his decision is immediately questioned by seven (7) or more Members, or if the Moderator determines that a counted vote is required such as for a debt issue or Home Rule Petition, he shall determine the question by ordering a standing vote, and he 29 ® shall appoint tellers to make and return the count directly to him. On request of not less than twenty (20) members, a vote shall be taken by roll call. Rule 14 All original main motions having to do with the expenditure of money shall be presented in writing, and all other motions shall be in writing if so directed by the Moderator. Rule 15 No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the subject of the original motion shall be entertained. Rule 16 When a question is under debate, no motion shall be in order except: • to adjourn, • to lay on the table or pass over, • to postpone for a certain time, • to commit, • to amend, • to postpone indefinitely, or • to fix a time for terminating debate and putting the question, and the aforesaid several motions shall have precedence in the order in which they stand arranged in this rule. Rule 17 Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to adjourn, to move the question, to lay on the table and to take from the table shall be decided without debate. CoRule 18 The previous question shall be put In. the following form or in some other form Chaving the same meaning: "Shall the main question now be put' and until this question is decided all debate on the main question shall be suspended. If the previous question is adopted, the sense of the meeting shall immediately be taken upon any pending amendments in the order inverse to that in which they were moved, except that the largest sum or the longest time shall be put first and finally upon the main question. Rule 19 The duties of the Moderator and the conduct and method of proceeding at all Town Meetings, not prescribed by law or by rules set forth in this article, shall be determined by rules of practice bet forth in "Town Meeting Time Third Edition" except that to lay on the table shall require a majority vote. 2.2.2 Attendance by Officials It shall be the duty of every official body, by a member thereof, to be in attendance at all Town Meetings for the information thereof while any subject matter is under consideration affecting such official body. 2.2.3 Appointment of Committees Ali committees authorized by Town Meeting shall be appointed by the Moderator unless otherwise ordered by a vote of the Members present and voting. All committees shall report as directed by Town Meeting. If no report is made within a year after the appointment, the committee shall be discharged unless, in the meantime, Town Meeting grants an extension of time. When the final report of a committee is placed in the hands of the Moderator, it shall be deemed to be received, and a vote to accept the same shall discharge the committee but shall not be equivalent to a vote to adopt it. (W 2.2.4 Motion to Reconsider 30 2.2.4.1 Notice to Reconsider A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed but such motion to reconsider shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed or by written notice to the Town Clerk within twenty-four (24) hours after the adjournment of such session. When such motion is made at the session of the meeting at which the vote was passed, said motion shall be accepted by the Moderator but consideration thereof shall be postponed to become the first item to be considered at the next session, unless all remaining articles have been disposed of, in which case reconsideration shall be considered before final adjournment. There can be no reconsideration of a vote once reconsidered or after a vote not to reconsider. Reconsideration may be ordered by a vote of two-thirds (213) of the members present. Arguments for or against reconsideration may include discussion of the motion being reconsidered providing such discussion consists only of relevant facts or arguments not previously presented by any speaker. 2.2.4.2 Federal or Stats Law Affecting Reconsideration The foregoing provisions relating to motions to reconsider shall not apply to any such motion made by the Board of Selectmen and authorized by the Moderator as necessary for the reconsideration of actions previously taken by Town Meeting by reason of State or Federal action or inaction or other circumstances not within the control of the Town or Town Meeting. In the event such a motion to reconsider is made and authorized, said motion may be made at any time before the final adjournment of the meeting at which the vote was passed, said motion may be made even ff the vote was already reconsidered or was the subject of a vote not to reconsider, and reconsideration may be ordered by a vote of two- thirds (2/3) of the Members present. 2.2.4.3 Posting and Advertising Notice of every vote to be reconsidered at an adjourned Town Meeting shall be posted by the Town Clerk in one (1) or more public places in each precinct of the Town as soon as possible after adjournment, and he shall, if practicable, at least one day before the time of the next following session of said adjoumed meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said adjourned meeting. The foregoing, notice provisions shall not apply when a motion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any adjourned Town Meeting. 2.2.5 State of the Town The Selectmen shall, at each Annual Town Meeting, give to the Members information on the 'State of the Town." 2.2.6 Annual Precinct Meetin 101 Town Meeting Members and Town Meeting Members -elect from each precinct shall hold an annual precinct meeting after the annual Town election but before the convening of the business sessions of the Annual Town Meeting The purpose of the meeting shall be the election of a Chairman and a Clerk and to conduct whatever business may be Q appropriate. Chairmen shall serve no more than six (6) consecutive years in that 31 Position. Additional precinct meetings may be called by the Chairman or by a petition of t+ six (6) Town Meeting Members of the precinct. 2.2.7 Removal of Town Meetina Members 2.2.7.1 Notice of Attendance The Town Clerk shall mail, within thirty (30) days after the adjournment sine die of the Annual Town Meeting, to every Town Meeting Member who has attended less than one-half of Town Meeting sessions since the most recent Annual Town Election, a record of his attendance and a copy of Section 2-6 of the Charter. 2.2.7.2 Precinct Recommendation All Precinct meeting held prior to consideration by Town Meeting of the warrant article pursuant to Section 2.6 of the Charter. Town Meeting Members of each precinct shall adopt a recommendation to Town Meeting on whether each member from the precinct listed in the warrant per Section 2-6 of the Charter should be removed from Town Meeting. The Chairman of each precinct or his designee shall make such recommendations along with supporting evidence and rationale to Town Meeting. 2.2.7.3 Grouped by Precinct The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the warrant article required by said section. 2.2.8 Meednas Durina Town Meeting ® No appointed or elected board, committee, commission or other entity of Town government shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, committee or commission which schedules or holds a meeting or hearing on the same calendar day, but at a time prior to a session of Town Meeting, shall adjourn or recess not less than five (5) minutes prior to the scheduled session of Town Meeting. Any board, committee or commission may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion requesting an exemption from this bylaw and asking that Town Meeting permit it to meet at a date and hour at which a future session of Town Meeting is scheduled, and may present reasons for Town Meeting to give such permission. Notwithstanding the foregoing, any board, committee or commission which meets the requirements of M.G.L. Chapter 39, Section 23B concerning emergency meetings may, upon meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. 2.2.9 Rules Committee The members of the Rules Committee, established under Section 2-12 of the Charter, shall hold an annual meeting within thirty (30) days after the adjournment of the Annual Town Meeting for the purpose of electing a Chairman and a Clerk and to conduct whatever business may be appropriate. Additional Rules Committee meetings may be called by the Chairman. In the absence of a Chairman, the Moderator shall convene a meeting of the Rules Committee within sixty (60) days after a vacancy for the purpose of electing a new Chairman. 32 o� oFREpd ' c I h b �,6�Y, INCORPO�O FAX: (781) 942.9070. Website: www.readingma.gov Town of Reading 16 Lowell Street Reading, MA 01867-2685 Town Meeting Handout Guidelines TOWN CLERK (781)942-9050 To ensure that all Town Meeting members have access to the same Information, distributed in the same manner, please follow the below listed guidelines for handout materials: Materials that are prepared by a Town Board / Committee / Town Department must include the following: o Article name and number o Name of Town Board I Committee / Commission or Town Department o Date the document was created o Contact Information o Approval of Town Clerk's Office Materials that are prepared by petitioners or other voters must include the following: o Article name and number o Contact information of person who created handout o Date the document was created o Approval of Town Clerk's Office All handouts: • Must contain facts only unless specifically stating "This is the opinion of • Should be on white paper only • Should be double -sided copies if more than one page • May be distributed only by giving adequate copies for all Town Meeting members (192) to the Town Clerk or designee by 8:30 PM on the night in which the subject article will be discussed • All handouts not approved will be removed and recycled • All handouts not distributed must be picked up at the end of each night or they will be recycled at the end of each night. All PowerPoint Presentations: • Must consult with the Town Clerk before the meeting • Provide a copy before the meeting • All presentations will be given using the Town of Reading laptop computer February of 2010 33 1 L J