Loading...
HomeMy WebLinkAbout2016-04-25 Annual Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS Middlesex, as. Officer's Retum, Reading By virtue of this Warrant, I, on February 10 , 2016 notified and warned the inhabitants of the Town of Reading, qualified to vote in Town elections and Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Walter S. Parker Middle School, 45 Temple Street Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The dale of posting being not less than fourteen (14) days prior to April 25, 2016, the date set for Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on February 10 , 2016. Thomas Yxifeman , Constable A true copy Attest: Laura Gemme, Town Clerk TOWN WARRANT 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 the Local Elections and Town affairs, to meet in the following place designated for the eight precincts in said Town, namely: Precincts 1, 2. 3.4. S. 6. 7 and 8 Readina Memorial High School, Hawkes Field House Oakland Road TUESDAY, the FIRST DAY OF MARCH, A.D., 2016 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, Two members of the Board of Selectmen 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 -Nine 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 two 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; One member for two years; One member for one year, Precinct 7 Eight members for three years; One member for two years; and Precinct 8 Eight members for three years. and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading on MONDAY, the TWENTY-FIFTH DAY of APRIL A.D., 2016 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, School Committee, Library Trustees, Municipal Light Board, Finance Committee, Bylaw Committee, Town Manager, Town Accountant and any other Town Official, Board or Committee. Board of Selectmen ARTICLE 3 To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or ctherwise, for the purpose of funding Town Officers and Boards or Committees to tarty out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend the FY 2016-26 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To seed the Town will vote to amend the Town's Operating Budget for the Fiscal Year commencing July 1, 2015, as adopted under Article 20 of the Annual Town Meeting of April 27, 2015 and amended under Article 5 of the Subsequent Town Meeting of November 9, 2015; and to see if the Town will vote to raise and appropriate, borrow or transfer from available funds, or otherwise provide a sum or sums of money to be added to the amounts appropriated under said Article, as amended, for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 6 To see what sum the Town will appropriate to the irrevocable trust for "Other Post -Employment Benefits Liabilities" or take any action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to delete Section 8.8 Animal Control of the General Bylaw and insert the following in its place: 8.8 Animal Control Pursuant to the authority set forth in MGL Chapter 140 Sections 136A -174E, inclusive, and any other relevant statutes and regulations issued pursuant thereto, the following requirements are adopted for the regulation of dogs in the Town of Reading. 8.8.1 Definitions The definitions of words and terms set forth in MGL. Chapter 140 Section 136A are Incorporated into Section 8.8 and shall be applicable to the interpretation thereof. In addition, unless the context dearly indicates otherwise, the following words and terms, as used in Section 8.8, shall have the following meanings: 8.8.1.1 Animal Control Appeals Committee (ACAC) The "Hearing Authority," as that term is defined in MGL Chapter 140 Section 136A, charged with the responsibility of handling dog complaints for the Town of Reading, pursuant to MGL Chapter 140 Section 157. 8.8.1.2 Animal Control Officer (ACO) A person appointed by the Town Manager who is authorized to enforce this Bylaw and MGL Chapter 140 Sections 136A -174E. 8.8.1.3 Effective Voice Control An animal shall be deemed to be "under effective voice control" if it is within the owner's or keeper's sight, the owner or keeper is carrying a leash, and the animal refrains from illegal activities. 8.8.1.4 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. 8.8.2 Licensina and Fees 8.8.2.1 License and Vaccination Requirements In accordance with MGL Chapter 140 Section 137, the owner or keeper of a dog(s) six months of age or older, while residing In the Town of Reading, shall obtain a license for the dog from the Town Clerk, which shall be affixed to the dog's collar. To obtain or renew a license, each dog owner or keeper shall annually present proof of a current rabies vaccination or a certification of exemption from the vaccination requirement, pursuant to MGL Chapter 140 Sections 137(b) and 145B. 8.8.2.1.1 New Dogs and Puppies Within thirty (30) days of either (a) acquiring a dog six (6) months of age or older or (b) a puppy's six-month birthday, each dog owner or keeper in Reading shall present proof of that dog's current rabies vaccination and obtain a license and dog tag from the Town Clerk. 8.8.2.1.2 Lost Tags and Replacement Tags Dog owners and keepers shall replace a lost tag within three (3) business days of the loss, by obtaining a replacement tag from the Town Clerk. 8.8.2.1.3 Tag Exemptions for Dog Events While actually participating in an official dog sporting or dog fancy event, a dog may, if the event sponsors do not allow participants to wear tags, be exempt from the requirement of section 8.8.2.1 that its license tag be affixed to its collar; provided, however, that the dog owner or keeper shall have the tag at the event and available for inspection by the ACO. 8.8.2.1.4 Tag Exemptions for Medical Reasons During any period when a veterinarian has determined that a dog cannot wear a collar for medical reasons, the dog shall be exempt from the requirement of section 8.8.2.1 that its license tag be affixed to its collar, provided, however, that its owner or keeper shall have the tag in his or her possession and available for inspection by the ACO. 8.6.2.1.5 Annual Renewal Dog owners and keepers shall renew each dog license annually. The annual licensing period runs from January 1 through December 31. 8.6.2.1.6 License due Date and Late Fee Application forms for obtaining, renewing or transferring a license shall be made available annually no later than December 31 each year. Dog owners and keepers shall return fortes and fees to the Town Clerk by March 31 or, if such date is not a business day, by the first business day thereafter. Any license renewed after this date shall be deemed overdue, and the owner or keeper shall be required to pay a late fee as determined by the Town Meeting in addition to the license renewal fee. The license fee and the late fee may be secured through the imposition of a municipal charges lien on any property standing in the name of the dog owner or keeper, pursuant to MGL Chapter 40 Section 58. 8.8.2.1.7 License Fees Fees for licensing each dog shall be determined by the Town Meeting; provided, however, that the fee for neutered or spayed dogs shall be less than the fee for non -neutered or non -spayed dogs. No dog license fee shall be charged for any service dog as defined by the Americans with Disabilities Act or regulations issued thereunder; or for a license for a dog owned by a person 70 years of age or older. 8.8.2.2 Kennel Licenses No person may own or board four or more dogs within the Town of Reading without first obtaining a Kennel License from the Town Clerk, in accordance with MGL Chaper 140 Section 137A; provided, however, that this requirement shall not apply to medical boarding by any licensed veterinarian practicing In the Town of Reading. To obtain or renew such kennel license, the owner or keeper of the dogs shall: (a) Present proof of current rabies vaccinations for each dog older than six months in the kennel or a certification of exemption from the vaccination requirement, pursuant to MGL Chapter 140 Sections 137(b) and 1458; and (b) Pass an inspection by the Animal Control Officer pursuant to MGL Chapter 140 Sections 137A and 137C. 8.8.2.2.1 New Dogs and New Puppies A kennel licensee who is also the owner or keeper of dogs shall report to the Town Clerk each new dog in the kennel within thirty (30) days of its acquisition; shall show proof of current vaccination; and shall obtain a kennel tag for that dog. The kennel licensee shall show proof of current vaccination and obtain a tag for each puppy when it reaches six months old. 8.8.2.2.2 Periodic Inspections The Town may perform an inspection of any kennel at any time pursuant to MGL Chapter 140 Section 137C. 8.8.2.2.3 Annual Renewal Each kennel licensee shall renew the kennel license annually. The annual licensing period runs from January 1 to December 31. 8.8.2.2.4 License Due Date Application forms for obtaining, renewing or transferring a kennel license shall be made available annually no later than December 1 each year. Kennel licensees shall return forms and fees to the Town Clerk by January 15 or, if such date is not a business day, by the first business day thereafter. Any kennel license renewed after this date shall be deemed overdue, and the owner or keeper shall be required to pay a late fee as determined by the Town Meeting in addition to the license fee. The overdue license fee and the late fee may be secured through the imposition of a municipal charges lien on any property standing in the name of the kennel licensee, pursuant to MGL Chapter 40 Section 58. 8.8.2.2.5 Fees The fees for licensing each kennel shall be established by the Board of Selectmen. 8.8.2.2.6 Penalties Any person maintaining a kennel after the kennel license therefor has been denied, revoked or suspended shall be subject to the penalties set forth in Section 8.8.6. 8.8.3 Conduct of Dons 8.8.3.1 Nuisance and Dangerous Behavior No dog owner or keeper shall permit the dog to become or remain a nuisance dog or a dangerous dog, as those terms are defined and used in MGL. Chapter 140 Sections 136A and 157. 8.8.3.2 Leash Law When not on the private property of its owner or keeper, or on private property with the express permission of that property's owner, a dog shall be on a leash; provided, however, that it may be under effective voice control when within the Town Forest or on conservation lands. 8.8.3.2.1 Public Gatherings - Leash Control Only Except as otherwise speed in Section 8.8, a dog may be at any public gathering only if it is on a six-foot or shorter leash and refrains from illegal activities. 8.8.3.2.2 School Grounds Unless the School Principal gives permission in advance, no dog may be on school grounds from thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all other times, the dog may be on school grounds only if It is on a six-foot or shorter leash or remains within a vehicle. 8.8.3.2.3 Exception for Assistance Animals (service animals) The provisions of this Section 8.8.3.2 shall not apply to any properly trained assistance animal or service animal while performing its duties. 8.8.3.3 Dog Litter Every dog owner or keeper shall be responsible for expeditiously removing any feces that the dog deposits anywhere except on its owner's or keeper's private property, or on other private property with the property owner's permission 8.8.4 Animal Control Officer 8.8.4.1 Appointment The Town Manager shall appoint an ACO pursuant to MGL Chapter 140 Sections 151 and 151A to carry out the provisions of Section 8.8 and to perform such other dudes and responsibilities as the Town Manager or its designee may determine. 8.8.4.2 Duties The ACO's duties shall include the enforcement of the provisions of Section 8.8 and of MGL Chapter 140 Sections 136A -174E and any relevant state or local regulations. 8.8.4.3 Issuance of Temporary Restraint Orders The ACO may issue a Temporary Restraint Order to the owner or keeper of any dog that is alleged to be a nuisance dog or a dangerous dog and is awaiting a decision under Section 8.8.5.2. A Temporary Restraint Order 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 may rescind or stop renewing the order when, in the ACO's judgment, restraint is no longer required. The ACO's order shall expire upon receipt of a decision from the ACAC on the nuisance dog or dangerous dog hearing. 8.8.4.4 Issuance of a Temporary Confinement Order The ACO may make arrangements for the temporary housing of any dog that requires such temporary housing, and may issue an Order of Temporary Confinement 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 dog owner's or keeper's expense. 8.8.4.6 Complaint Investigation The ACO shall make a written record of and shall investigate all complaints arising within the Town pertaining to violations of Section 8.8 or MGL Chapter 140 Sections 136A -174E and report its findings to the ACAC. 8.8.4.6 Recordkeeping The ACO shall keep accurate, detailed records of the confinement and disposition of all dogs held in custody, all bite cases reported, and the results of investigations. The ACO shall maintain a telephone log of all calls received regarding dogs and submit a monthly report summarizing the log to the ACAC. 8.8.5 Animal Control Appeals Committee 8.8.5.1 Composition of the ACAC The Animal Control Appeals Committee shall be composed of three Reading residents, none of whom shall otherwise be employees of the Town, appointed to three-year overlapping terms by the Board of Selectmen. The ACAC shall 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 Nuisance or Dangerous Dog Hearings Any person may file a complaint in writing to the ACAC that a dog owned or kept in the Town is a nuisance dog or a dangerous dog. All such complaints shall be investigated and addressed in accordance with MGL Chapter 140 Section 157. 8.8.6 Penalties 8.8.6.1 Fines Any dog 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 dog owner or keeper who fails to comply with Section 8.8.3 shall be subject to penalties as determined by the ACAC, not exceeding Three Hundred ($300) Dollars per day for every day of the violation. 8.8.6.2 Reimbursement of Costs If the ACO confines a dog and the dog owner or keeper does not pay all fees directly to the kennel or veterinary clinic, then the dog's owner or keeper shall be required to reimburse the Town for any expenses incurred in boarding that dog. If the dog has not been licensed, the owner or keeper shall obtain a license and pay any applicable late fee before the dog can be released. 8.8.6.3 Penalties for Violating Temporary Restraint Orders The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300) Dollars per day for each and every violation of Temporary Restraint Orders. 8.8.6.4 Penalties for Non -Compliance with and Order of the ACAC An owner or keeper of a dog who fails to comply with an order of the ACAC shall be punished in accordance with MGL Chapter 140 Section 157A. 8.8.6.5 Enforcement In addition to any other means of enforcement, the provisions of Section 8.8 and the regulations adopted pursuant thereto may also be enforced by non -criminal disposition in accordance with the provisions of Section 1.8, and MGL Chapter 40 Section 210. The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense. Board of Selectmen ARTICLE 8 To see it the Town will vote to approve an Affordable Housing Trust Fund Allocation Plan pursuant to Chapter 140 of the Acts of 2001 entitled "AN ACT AUTHORIZING THE TOWN OF READING TO ESTABLISH AN AFFORDABLE HOUSING TRUST FUND', or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize revolving funds for certain Town Departments under Section 53E 54 of Chapter 44 of the Massachusetts General Laws for the fiscal year beginning July 1, 2016 with the receipts, as specked, 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 ExLimits Year End Balance Fees as Consulting and provided for in engineering services for Conservation Reading General the review of designs $25,000 Commission ylaws Section and engineering work Available for Consulting Conservation 5.7, Wetlands for the protection of expenditure Fees Commission Protection wetlands. next ear Building, Legal, oversight and Inspection Plumbing, inspection, plan review, initial $200,000 vailable for Revolving own =nor sing, Gas and property xpenditure Fund ther Demnits for lappralsals and appeals, next year or take any other action with respect thereto. Board of Selectmen ARTICLE 10 To see If the Town will vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine; or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen he Oaktree, Public Services general ddison-Wesley/ anagement, curb Pearson and sidewalks and ohnson Woods pedestrian safety developments improvements, records rchiving and other ro ect related costs. linic fees, Materiels and costs Public Health harges and ssociated with cA ruts $25,000 vailable for Clinics and Board of hird party nd public health xpenditure Services Health reimbursements rams ext vear Library LibraryCharges f0r lost cquire Library vallable for Materials Director and r damaged materials to replace lost $15,000 xpenditure Replacemen rustees -ibrary materials r damaged items next ear Matters Utilities and all other vallable for Cabin Recreation maintenance and $10,000 expenditure Operating ministrator Rental Fees ratinq expenses next ear Director of Public Works upon the recommenda ion of the ale of timber; Planning and Avallabte for own Forest ees for use of Improvements to the $10,000 expendilurc Town Foreal Committee a Town Forest Tomi Forest next r or take any other action with respect thereto. Board of Selectmen ARTICLE 10 To see If the Town will vote to authorize the Board of Selectmen to sell, exchange, or dispose of, various items of Town tangible property, upon such terms and conditions as they may determine; or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to pay bills remaining unpaid from prior fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 12 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 2017 - beginning July 1, 2016, or take any other action with respect thereto. Finance Committee ARTICLE 13 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Section 6 of Chapter 44 of the Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90 of the Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see if the Town will vote, pursuant to Section 2-6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one-half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto. Board of Selectmen 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 25, 2016, 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 26 m day of Ton vow , 2016. Dan Ensminger, Chairman (/ n Vi Chairma evin Sexton, rotary SELECTMEN OF READING homes Fre n , Constable