HomeMy WebLinkAbout2006-04-24 Annual Town Meeting MinutesANNUAL TOWN MEETING
Reading Memorial High School April 24, 2006
All Town Meeting members were sworn in. Precinct 2 met and appointed Marlene Cohen for
one year to fill a vacated seat, and tie votes were broken with Robert Demild, Jr., Thomas
O'Donnell, and Donald Stroeble receiving three year terms. Precinct 3 met and appointed Albert
Garbarino for one year to fill a vacated seat. Precinct 4 met and appointed Stephen Goldy for
one year to fill a vacated seat, and tie votes were broken with Glen Hartzler receiving a three
year term.
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:42 p.m., there being a
quorum present. The Invocation was given by Anthony Rickley followed by the Pledge of
Allegiance to the Flag.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by
Camille W. Anthony, Chairman of the Board of Selectmen, it was voted to dispense with further
reading of the Warrant except for the Officer's Return, which was read by the Town Clerk.
ARTICLE 2 — Camille W. Anthony, Chairman of the Board of Selectmen, gave the following
State of the Town Report:
Since the Board of Selectmen last reported to this body, the year has been filled with one major
activity or decision - making process after the other. It can be stated that this has been one of the
busiest periods that I can remember in my twelve years on the Board.
In order to recall the events of the past year, let's reflect upon the people, places and challenges
that the town has and will continue encounter and the individuals who have been part of the
solutions.
WHO ARE THE NEW FACES?
In the past thirteen months three new individuals have been elected to the Board of Selectmen.
At the recent election, Steve Goldy was elected to complete the last year of Joe Duffy's term and
joins James Bonazoli and Ben Tafoya.
The Town Manger's Senior staff has had many changes in the leadership of the Town
Departments.
The Board of Library Trustees completed its search and appointed Ruth Urell as Director;
Police Chief Robert Silva retired and James Cormier was appointed;
Town Accountant Richard Foley retired last September and the Selectman appointed Gail
LaPointe;
Finance Director - Treasurer Beth Klepeis resigned in June and was replaced by Bob LeLacheur,
whose position was reconstituted to Finance Director /Assistant Town Manager.
In addition, funding for a School Resource Officer was obtained and a Veteran's District in
conjunction with the Town of Wilmington was established with Lou Cimaglia hired as the
Veteran's agent.
This winter after years as serving the town well as Town Engineer, Joe Delaney, resigned in
order to take a position with DEP and a hiring process to fill this position is ongoing.
The Town Manger is to be commended in assuring that an orderly transition has occurred. The
leadership of our Town divisions is strong and has continued to move these departments forward.
During the past year, Town meeting instructed the Board of Selectmen to evaluate the need for
nurse advocacy for the frail elderly, to undertake a renewed effort to stem substance abuse and to
determine whether Reading should join Cities for Climate Control. The Selectmen responded by
establishing the Nurse Advocacy Task Force, a Selectmen- School Committee initiative to
address substance abuse and a Cities for Climate Control Committee.
After considering the breadth of personnel changes that has occurred within Town government,
one would agree that this has been a year of challenges.
HOW IS THE PLACE WE CALL READING CHANGING?
Let's take a tour of the community and see what changes have occurred in the past year.
If we were to enter Reading from Wakefield on Walkers Brook Drive, we would see that phase
two of Walkers Brook Crossing was completed. We could also celebrate the fact that DEP
recently gave the Town final acceptance of the closing of the landfill. It must be emphasized that
the acceptance of the closure has lifted a monumental financial burden from the shoulders of the
community. Moving forward if we had kept abreast of the sales of commercial property, we
would note that 128 Ford has moved and the site is for sale, TASC has just been sold, the Boston
Stove property was purchased by Dickinson Development and is being considered for a Stop and
Shop, and the development of the Danis property, i.e., General Tire, is in a state of flux. This
area is Reading's largest commercial district and it is imperative that these parcels are developed
to their highest and best use.
However, if we had entered via the 129 Rotary, we would encounter the Maplewood Village
development designed for 55 and older. This development sits on a piece of land that has sat
vacant for decades and was an eye sore. As we continue to travel up Salem Street, we are aware
that the old Pierce Organ Factory is scheduled for condominium development. Approaching the
downtown it is obvious that a new building is under construction (Walgreens), the Housing
Authority will be adding four affordable units at 74 Pleasant Street beside the Senior Center, and
Haven Junction at the Corner of Haven and Brande Court is open for business.
If we were to enter from Woburn, we would encounter the Archstone apartment development
that has caused considerable discussion within the community. When Archstone is completed,
there will be 204 units of which ? ? ? ? ?? are designated affordable. We also would encounter
- 2 - Annual Town Meeting
April 24, 2006
the Johnson Woods development on West Street if we headed towards Wilmington that will add
? ? ? ?? to our affordable housing base.
Finally, let's enter from Stoneham on Main Street. The Addison Wesley property has been the
topic of discussion for 14 months. This valuable piece of property will continue to be the topic
of discussion as the working group initiated by the Board of Selectmen evaluates the proposals
submitted by the developer.
So what can we conclude after considering all of the places that have or will be changing in our
community?
It is evident that Reading has entered a period of intense development that brings a host of issues
to its citizens, its elected officials, and to the members of appointed committees and
commissions. The responsibilities of the Community Services Department and especially CPDC
and the Town planner have become increasingly more complex and demanding.
We should ask ourselves: What is the challenge for the community with this anticipated level of
change and development? It should be reasonable to assume that Reading wants to ensure that
the fabric of the community is not eroded and that these areas will not negatively alter how we
citizens go about our daily lives.
That is our challenge.
WHAT OTHER CHALLENGES CONFRONT OUR COMMUNITY?
When we consider challenges other than the effects of development facing the community, there
is no end to the number that we can address.
The financial stability of the community is always the top priority and concern. This year we
were fortunate that our health care expenditures were well below what was anticipated due to the
fact that the Town went out to bid. Our thanks to the members of the Health Insurance Task
Force that studied and determined that bidding this service was the right course of action.
The final report of the Ad Hoc Development Committee recommended that the Hospital funds
should not be used for a hospital. The challenge will now be to determine what programs should
be funded and the process for accessing the hospital funds to provide these essential services.
Within the next year, the I93 -95 Task Force will complete its work as options will be
determined. Reading will host a meeting this Fail where proposed options will be presented to
the public. It is imperative that the community stays involved and attends the next two public
meetings to express its opinions and ideas.
The Board has spent considerable time, effort, and study on the discussion of Reading's future
water supply. The decision as to whether to join MWRA as its sole source of water or build a
water treatment plant was a difficult one. A special town meeting will be called in June in order
to authorize funding for the Selectmen's decision to join MWRA.
- 3 - Annual Town Meeting
April 24, 2006
Where does the Town stand in its goal to attain the state mandated housing inventory of 10 %?
The state currently has 8.2% authorized by the state that assumes that all of the proposed
developments will come to completion. It is a constant struggle to strive to attain our goal. It is
important that affordable units be constructed in a manner that is consistent with the landscape of
our community. However, it is also important that we remember how expensive housing in
Reading has become and embrace the need to provide affordable options.
Families in Reading have recently experienced tragedy with the death of two of its high school
students in a horrific car accident. All of our hearts go out to these families and friends as we
know the eternal sadness that will always be present. May we all continue to be a source of
support for all of our citizens as tragedy and unfortunate situations occur.
WHO ARE THE INDIVIDUALS WHO MAKE IT HAPPEN?
In closing it is necessary to acknowledge the efforts of many who have worked tirelessly over the
past year.
To the Town Manger and his legal counsel for the endless hours spent hammering out a
negotiated settlement with Verizon in order to bring cable competition to Reading. The
negotiations were lengthy and frustrating, but they were successful.
To the Fire Department who endured four major fires within a short period and as always
maintained its professionalism in difficult times.
To the Police Department for its invaluable support on the Substance Abuse Initiative as well as
its continued commitment to the safety of the community.
To the Health Department who continues to prepare for a pandemic as well as a catastrophic
occurrence in addition to all of its other pressing responsibilities.
To the Library, Elder Services, and Recreation Departments for their continued efforts to ensure
that Reading has the programs and activities available for the enjoyment by its residents.
To the beleaguered DPW Department, who gets little credit but plenty of criticism, for all of its
tireless efforts to keep our water running, our sewers flowing, our roads passable, our Trash
collected, and our Christmas lights blazing. It must be noted that this work is done with minimal
funding and more is needed.
Our thanks to the leadership of the School Department as Reading residents can be justifiably
proud of its public education and the students, teachers and volunteers who are its fabric.
Our thanks to all of those residents who contribute their time and efforts as members of town
committees and civic or charitable organizations. It is the actions of many that make Reading a
more desirable community in which to live our daily lives.
As we move forward into the next year, let us remember who Reading is, what it wants to
continue to be, and ensure that we, its citizens, continue to do whatever is required to preserve
- 4 - Annual Town Meeting
April 24, 2006
our tradition of being a caring, welcoming community. Will we remember that Reading is not
perfect? However, will we remember that we are all trying to do our best and that is what should
be expected of each of us.
ARTICLE 2 – Victoria V. Yablonsky, member of the Library Board of Trustees gave the
following report for Karyn Storti, Chairman:
The Reading Public Library is at the heart of an involved, articulate, and literate community.
Some highlights of 2005 include our new director, Ruth Urell, coming on board. Her
knowledge, energy and vitality are an excellent match to lead our library.
Another highlight was the reopening of the library on Saturdays during the summer of 2005,
thanks to the support of Town Meeting.
And, if all goes as planned in terms of the budget, an anticipated highlight will be the reopening
of the library on Wednesday evenings from 5 -9PM. This is the start of a three year plan.by the
Trustees to restore the hours lost to budget cuts approximately six years ago.
Next year, we hope to reopen the library on Thursday mornings from 9AM to IPM and the year
following to reopen on Sunday afternoons from 1 -5PM.
With hours restored, the Reading Public Library can better serve the community and its
members. Through its collections, programs, and outreach activities, the library supports and
encourages reading and learning, intellectual curiosity, and personal growth and development.
In 2005, Reading citizens borrowed 372,456 print and audiovisual materials from the Library —
almost 16 books for every man, woman and child in Reading! The RPL is the busiest library per
hour in its population group in the Northeast Region. 17,381
Reading residents, 74% of the town, have current library cards! The circulation of audio and
video materials has soared from 11 % of total circulation in 1995 to 30% in 2005. What are the
hot topics in Reading? Books on home additions, cooking, finance,
Mysteries, and "Chick Lit."
Overall, 15,878 adults and children took part in 446
library programs. In 2005, staff librarians at the Reference and Children's desks answered an
astonishing 52,158 questions in person, on the telephone and through email.
The Children's Room presented 321 programs with over, 14,000 attendees last year. Vehicle
Day, the Harry Potter midnight party, and theater productions were just a few of these programs.
200 storytimes and singalongs fostered the love of language in children from 0 -6 years of age.
Lapsits, for ages 0 -2, enable librarians to help caregivers learn the basics of early literacy and.
how to encourage their children to develop good reading skills in the future.
The summer Volunteen program for middle schoolers helped 75 students assist others by their
work in the Library.
- 5 - Annual Town Meeting
April 24, 2006
The RPL teaches adults and children how to find, evaluate and use information effectively in all
formats. A series of free evening classes kicked off in 2005. Adults enjoyed "Mousing
Around," using the Internet to make travel plans, shop and find reliable sources for health
information. "Geek Out, Don't Freak Out" provided patrons a chance to bring their newest
gadgets to the library and work with staff to figure out
how to use them. Digital cameras were the most popular and most challenging.
Librarians provide instruction in library resources in formal classes, through one -on -one
teaching, and with local school groups. Every sixth grader from Parker and Coolidge
participated in the annual "Cookie Tours" given by the Young Adult Librarians with funding
provided by the Friends of the Library and with the support of school faculty and administration.
The RPL provides an environment for people to meet and interact with others in the community
and to participate in public discourse about community issues. We strive to make everyone in
the community feel welcome and well- served at the Library. The library reached out to new
populations in 2005 through a federally funded grant to develop a book and audio visual
collection for people who read Chinese,
Hindi, and Spanish. More than 500 books, newspapers, and magazines have circulated almost
1,800 times to date.
One of the highlights of last year was the appearance of Pulitzer Prize winning author Tracy
Kidder in November, sponsored by the Reading Public Library Foundation. Author Tom
Perrotta also spoke at the Library's Annual Open House in March. And Mitali
Perkins addressed an audience of young adults about her life as a person of Indian American
Heritage.
The library is generously supported by the people of Reading and the Selectmen, Town Manager,
Finance Committee, and the Library's Trustees, Foundation, and Friends. Books, programs,
outreach services, and special performances are underwritten by the gifts and hard work of many
kind supporters and benefactors. We thank you for your essential contribution. Without your
generosity our success in serving Reading would be impossible.
ARTICLE 2 — On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
ARTICLE 3 — On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 3.
ARTICLE 4 — On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to amend the FY 2006 - FY 2015 Capital Improvements Program as provided for in
Section 7 -7 of the Reading Home Rule Charter and as previously amended, by adding the
following 3 projects:
- — Wide Area Network (Verizon Grant) $50,000
— Water Meter Replacement - $541,341
— Paving Fraen parking lot - $25,000 (legal settlement)
- 6 - Annual Town Meeting
April 24, 2006
ARTICLE 5 — On motion by James E. Bonazoli, member of the Board of Selectmen, it was
voted to indefinitely postpone the subject matter of Article 5.
ARTICLE 6 - On motion by Ben Tafoya, member of the Board of Selectmen, it was voted to
amend the following votes taken under Article 15 of the Warrant of the Annual Town Meeting of
April 25, 2005, as amended under Article 5 of the November 14, 2005 Subsequent Town
Meeting, and that the Town vote to appropriate by transfer from available funds as noted, as the
result of any such amended votes for the operation of the Town and its government:
General Fund
Account Line
Descri tp ion
Decrease
Increase
Al
Accounting Salaries — replace an
employee out on extended sick time
$3,500
C13
FINCOM Reserve Fund (Finance —
Expenses)
$50,000
E8
Public Safety expenses (fuel, ALS
medical supplies, radio repair)
$7,700
F5
DPW — Highway Salaries (Overtime)
$18,000
F6
DPW — Highway Expenses
(equipment maintenance; fuel; line
painting; maintenance supplies)
$133,300
F6
DPW — Highway Capital (pavement
overlay — Fraen Corporation)
$25,000
F7
DPW — Parks & Forestry Salaries
(direct hiring of seasonal staff)
$10,000
F8
DPW — Parks & Forestry Expenses
(direct hiring of seasonal staff)
$10,000
F8
DPW — Parks & Forestry (Memorial
Park Tot Lot)
$1,500
F13
Street Lighting (increased energy
costs)
$5,000
F14
Rubbish (disposal tonnage)
$19,000
F15
Snow & Ice
$267,900
F16
DPW — Cemetery Salaries (direct
hiring of seasonal staff)
$12,000
F17
DPW — Cemetery Expenses (direct
hiring of seasonal staff)
$12,000
G4
Town Building Maintenance
expenses (electricity & natural gas)
$50,000
J 1
Debt service (tax title — interest
refund)
$17,900
K3
Unemployment
$5,000
K4
Group health/life insurance
$150,000
- 7 - Annual Town Meeting
April. 2 4, 2006
K5
Medicare /Social Security
Increase
$60,000
K6
Workers compensation
$50,000
$85,300
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Subtotals
$246,000
$697,100
$1300
L2
Water Treatment Plant Expenses —
rTrnntc
Account Line
Description Decrease
Increase
Decrease
J2
Wide Area Network
$50,000
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-Enterprise runds
Account Line
Descri tion
Decrease
Increase
L1
Water Distribution Overtime
$15,100
L1
Water Treatment Plant Overtime
$1300
L2
Water Treatment Plant Expenses —
$34,200
contract for operator
L2
DPW — Water Expenses (water
$93,122
sampling & analysis; replace air
handling unit; Revay well sampling
& testing; aerator electrical repair;
MWRA supplemental water mailing)
L2
DPW — Water Expenses
$150,000
(Supplemental water purchase)
L4
DPW — Water Capital (WTP
$55,000
Engineering Services)
L4
DPW — Water capital (settlement
$541,341
from Northrop Grumman)
L4
DPW — Water capital (meter reading
$541,341
system)
Subtotals
$541,341
$888,263
- 8 - Annual Town Meeting
April 24, 2006
ARTICLE 7 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
voted to approve the FY 2007 — FY 2011 Capital Improvements Program as detailed in on pages
C -1 through C1 -14 of the warrant report, and as provided for in Section 7 -7 of the Reading
Home Rule Charter.
ARTICLE S - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to accept the provisions of MGL Chapter 44, Section 53F'/2 and establish the Town's
Storm Water Utility as an Enterprise Fund effective Fiscal Year 2007.
ARTICLE 9 - On motion by James E. Bonazoli, member of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms
and conditions as they may determine, the following items of Town tangible property:
Police
2 Ford Crown Victoria Police Cruisers
School
Miscellaneous items of furniture and equipment
Fire
1987 Ford E350 Cut Van Ambulance
Fire
1986 Chevrolet D30 Pickup Truck
DPW
1987 International 19545 Dump Truck w /Sander
DPW
1993 John Deere Front End Loader
DPW
International Rack Body Dump
DPW
1990GMC Blazer
DPW
1990 Ford F250 Pickup Truck
DPW
1990 Ford Taurus
DPW
1993 John Deere 300D Backhoe /Loader
ARTICLE 10 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
voted, in accordance with MGL Chapter 40, Section 4A to authorize the Town Manager on
behalf of the Board of Health to enter into an inter - municipal agreement with one or more other
governmental units to provide public health services which the Board of Health is authorized to
perform, in accordance with an Inter- Municipal Mutual Aid Agreement to be entered into
between the Town and various governmental units.
ARTICLE 11 — On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it
was voted to appropriate, by borrowing, the sum of $368,516 in anticipation of reimbursement
from the State, in accordance with MGL Chapter 44, Section 6 or any other enabling authority,
or from the tax levy, or otherwise, for highway projects in accordance with Chapter 90,
Massachusetts General Laws.
2/3 vote required
declared unanimous by Moderator
On motion by Elaine L. Webb, Precinct 1, it was voted that this Annual Town Meeting stand
adjourned to meet at 7:30 p.m. at the Reading Memorial High School, on Thursday, April 27,
2006.
- 9 - Annual 'Town Meeting
April 24, 2006
Meeting adjourned at 10:25 p.m.
179 Town Meeting Members were present.
A true copy. Attest: heryl . Johnson
Town lerk
- 10 - Annual Town Meeting
April 24, 2006
UNI i
Reading Memorial High School April 27, 2006
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 p.m., there being a
quorum present.
The Moderator instructed Town Meeting that J.D. Sloan was taking photos for a video for the
Massachusetts Moderator's Association.
The Invocation was given by Thomas J. Ryan followed by the Pledge of Allegiance to the Flag.
On Notice of Intention to Reconsider under Article 8, Elaine L. Webb, Precinct 1, having voted
on the prevailing side submitted a Motion to Reconsider to the Town Clerk on April 25, 2006 to
be taken up at the next.session of Town Meeting.
NOTICE OF INTENTION TO RECONSIDER UNDER ARTICLE 8
Notice pursuant to Section 2.2.4 of the Town of Reading's General Bylaws, Elaine Webb has
provided the Town Clerk of Notice of her intent to move for reconsideration of the vote under
Article 8 which was taken on April 24, 2006.
Pursuant to Section 2.2.4.3 of the Town of Reading's General Bylaws, this Notice was posted in
one (1) or more public places in each precinct of the Town at least one day before April 27,
2006, the time of the next following session of said adjourned meeting, and published such
notice in the Reading Times Chronicle issue of April 26, 2006.
Article 8 was declared majority vote by the Moderator. The next session of Town Meeting will
be on April 27, 2006 at 7:30 p.m. in the Reading Memorial High School Auditorium, 62 Oakland
Road.
Elaine L. Webb, Precinct 1, requested a point of personal privilege to make an instructional
motion instead of a Motion to Reconsider.
ARTICLE 2 — Presentation by William Brown, Precinct 8, to Robert I. Nordstrand for 40 years
of continuous service as a Town Meeting member. Camille W. Anthony, Chairman of the Board
of Selectmen presented Bob Nordstrand with a Franklin Street sign. Mr. Nordstrand was also
presented with House and Senate Proclamations and received a standing ovation from the body.
He expressed his thanks for the honor.
ARTICLE 2 — Robert L. Spadafora, Jr. presented Town Meeting witi-i ine following Initiative
Against Substance Abuse Report; Nancy Lynn Swain presented Town Meeting with Data
Collection Report; and Camille W. Anthony, Chairman of the Board of Selectmen, finished
report and spoke about moving forward.
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ARTICLE 2 — James E. Bonazoli, member of the Board of Selectmen, gave the following Nurse
Advocacy Task Force report. Results of the survey and requesting extension of the Task Force.
Agenda
• Why is there a Task Force
• What are the tasks
• What has been accomplished so far
• What conclusions have been drawn
• What are the next steps
• Town Meeting, through Instructional motion of May 5, 2005, has asked the Board of
Selectmen to establish an "ad hoc task Force to evaluate the need for a Nurse Advocacy
Program for Frail Elders"
What is the task
• Review the need for a Nurse Advocate
• Review what needs are being met
• Explore the role of Local Government in meeting these needs
• Determine level of funding
• Explore alternative approaches to funding
Accomplishments To Date
• Reviewed statistics on elder needs -local and national projections
• Reviewed services currently available to seniors in Reading and identified barriers and
gaps
• Defined the role of a nurse advocate
• Reviewed models of care- Winchester COA staff model, Andover COA contractual
model, Community Parish Nursing model ( "neighbor caring about neighbor ")
• Conducted town -wide survey to identify needs and interest in nurse advocacy program
• The task force heard from members in the community of their support .for the Community
Parish Nursing and acknowledges the importance of this organization within the
community.
Conclusions To Date
• There is a need for nurse advocacy that does not duplicate other services
• There is a desire within the community for this service
• There is a precedent for. town government to provide nurse advocacy services and the
towns that do so identify the program as one of their top Elder Service priorities
(Winchester and Andover have sustained their programs for 15 -20 years)
• Government at state and federal levels support efforts aimed at servicing frail elders in
the community. There maybe grants available but the task force needs to explore this
further. Regardless of grant availability, a town commitment to the identified need is,
necessary for sustainability.
• If a decision to go forward with a nurse advocacy program is voted upon and a
contractual model recommended, Community Parish Nursing would be welcome to bid
on the work but an open bidding process is required by the state.
Next Steps
- 2 - Annual Town Meeting
April 27, 2006
1. Report to Selectmen on May 23 and request an extension of task force as well as
dedicated support from the Finance Committee to assist the task force with the financial
analysis.
2. Complete financial modeling of different funding and program options.
3. Select model best able to meet needs identified and be sustainable. Complete program
definition and job description.
4. Present recommendation to the Finance Committee, Selectmen and Town Meeting.
In closing
• It is the task force's hope that in the Fall Town Meeting that a recommendation will be
presented for nurse advocate position that is sustainable.
• It is also our hope that this nurse will work collaboratively with Community Parish
Nursing and their neighbor volunteers.
ARTICLE 2 — Ronald D'Addario, Precinct 6, introduced Michelle Benson and Tracy Sopchak
who gave the following Cities for Climate Protection report.
•.� My name is Tracy Sopchak
❖ I am a member of the Reading Cities. for Climate Protection Advisory Committee
❖ I'm here today to tell you a bit about:
- Who we are
- What our goals are
- What we've accomplished so far
- What are plans are
Who are we?
❖ An official town advisory committee
❖ Citizen volunteers deeply concerned about environmental problems that are not being
well addressed by our society such as:
- global warming
- air pollution
- water pollution
What are our goals?
Achieve three -fold sustainability for our town:
- environmental
- economic
- societal
❖ Reduce the detrimental environmental impacts of town residents and businesses as well
as the municipality itself and saved us all some money in the process.
Complete the 5 steps of the Cities for Climate Protection program.
- 3 - Annual Town Meeting
April 27, 2006
What is the CCP program?
•o• A program sponsored by ICLEI, the International Council for Local Environmental
Initiatives.
❖ The CCP program enlists cities to adopt policies and take steps to:
- achieve quantifiable reductions in local greenhouse gas emissions
- improve air quality
- enhance livability and sustainability
•.� Through the CCP program we receive:
- Software to conduct an emissions inventory
- Technical consulting
- Training
- A community of participating towns.
What has our committee accomplished so far?
❖ Interviewed participating Massachusetts CCP towns to learn from their experience.
❖ Advised the town selectmen to join the CCP program, which they did in February.
❖ Teamed up with the Reading Light Department, who donated $2000 to our group as a
start-up contribution as well as the use of a laptop computer and a facility work space
for our intern.
�3 Downloaded the CCP software and are in the process of familiarizing ourselves with it.
❖ Developed our committee mission statement.and published it in local papers in the week
of March 5th
❖ Brought in $5000 grant money from the Department of Environmental Protection which
will be used to retrofit 4 town trucks with low emission diesel fuel systems in order to
reduce their carbon emissions.
Teamed up with Arnold Rubin of Atlantic Grocery store, who donated $500 to help us
buy shopping tote bags to distribute to shoppers in place of paper or plastic bags. We
will be distributing those as part of a public awareness campaign.
What do we plan to do next?
•o• Hire our CCP intern and begin conducting our emission inventory over the summer in
order to reach Milestone 1 of the CCP program.
❖ Conduct a public awareness campaign to educate and encourage public participation in
emissions reduction
- Press releases in the local media
- 4 - Annual Town Meeting
April 27, 2006
- A 1 -2 -3 pledge that we will invite town officials and residents to take; that will
provide specific effective steps for people to reduce emissions.
❖ Launch our webpage where you can read more about our plans and progress.
ARTICLE 2 — On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
On motion by Camille W. Anthony, Chairman of the Board of Selection, it was moved to take
Article 15 out of order.
.ARTICLE 15 — On motion by Charles Robinson, Chairman of the Finance Committee, it was
moved that the Town raise by borrowing, or from the tax levy, or transfer from available funds,
and appropriate the sum of.
• $75,392,299
for the operation of the Town and its Government for Fiscal Year 2007, beginning July
1,2006.
ARTICLE 15A — On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items Al and A2:
Accounting $118,091
to be provided as follows:
Lines Al and A2 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15B - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items B26 and B27:
• Community Services $1,685,029
to be provided as follows:
Lines B26 and B27 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15C - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items C12 and C13:
• Finance $1,055,565
to be provided as follows:
Lines C 12 and C 13 — from property taxes, State aid and non - property tax local receipts.
- 5 - Annual Town Meeting
April 27, 2006
ARTICLE 15D - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items D 1 and D2:
• Library: $1,052,670
to be provided as follows:
Lines D 1 and D2 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15E - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items E7 and E8:
• Public Safety $7,052,774
to be provided as follows:
Lines E7 and E8 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15F - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items F1 I and F12, and F13, F14, F15, F16 and F17:
• Public Works: $4,280,957
to be provided as follows:
$120,000 of Line Fl 1 from the Reading Ice Arena Authority; $39,666 of Line F16 from
Cemetery Sale of Lots; with the remainder of Lines F11 and F12, and F13, F14, F15, F16 and
F17 from property taxes, State aid and non - property tax local receipts.
ARTICLE 15G - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items Gl through G4:
• Building Maintenance $4,085,361
to be provided as follows:
Lines Gl through G4 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15H - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Item H:
• Schools $30120113
- 6 - Annual Town Meeting
April 27, 2006
to be provided as follows:
Line H — from property taxes, State aid and non - property tax local receipts.
On motion by Nancy Huntington- Stager, Precinct 1, it was moved to add $12,000 to $30,120,113
from Free Cash (for professional development).
Motion did not carry.
ARTICLE 15I - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Item I:
• Vocational Schools $220,578
to be provided as follows:
Line I — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15J - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items J 1 through J 15:
• Debt Service & Capital $7,640,057
to be provided as follows:
$375,000 of Line J1 from Sale of Real Estate; $195,000 of Line J15 from Verizon Grant;
and the remainder of Lines Jl through J15 — from property taxes, State aid and non - property tax
local receipts.
ARTICLE 15K - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Item K8:
• Employee Benefits $9,384,088
to be provided as follows:
$400,000 of Line K8 from Free Cash; $261,707 of Line K8 from Overlay Surplus; and
the remainder of Line K8 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15L - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items Ll through L4:
• Water Enterprise Fund $3,875,565
to be provided as follows:
Lines Ll through L4 — from property taxes, State aid and non- property tax local receipts.
7- Annual Town Meeting
April 27, 2006
ARTICLE 15M - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items Ml through M4:
• Sewer Enterprise Fund $4,463,922
to be provided as follows:
$600,000 of Lines Ml through M4 from Sewer Reserves, and the balance from property
taxes, State aid and non - property tax local receipts.
ARTICLE 15N - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget as presented for Line
Items Nl through N4:
• Storm Water Enterprise Fund $357,529
to be provided as follows:
Lines NI through N4 — from property taxes, State aid and non - property tax local receipts.
ARTICLE 15 - On motion by Charles Robinson, Chairman of the Finance Committee, it was
voted that the Town approve and appropriate the proposed FY 2007 Budget, exclusive of State
and county assessments:
• $75,392,299
• Representing the total of all motions made under Article 15
• Funds are to be provided as set forth in said motions
2/3 vote required
Declared Unanimous by Moderator
On motion by William C. Brown, Precinct 8, it was voted that this Annual Town Meeting stand
adjourned to meet at 7:30 p.m. at the Reading Memorial High School, on Monday, May 1, 2006.
Meeting adjourned at 11:18 p.m.
170 Town Meeting Members were present.
A true copy. Attest: Nancy 111 ethurst
Temporary Clerk
- 8 - Annual Town Meeting
April 27, 2006
ANNUAL TOWN MEETING
Reading Memorial High School May 1, 2006
All Town Meeting members were sworn in.
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:46 p.m., there being a
quorum present.
The Invocation was given by Philip B. Pacino followed by the Pledge of Allegiance to the Flag.
ARTICLE 2 — Philip B. Pacino, Chairman of the Reading Municipal Light Board gave the
following presentation:
The RMLD announced earlier this year that Calpine Corporation, its largest power supplier, filed
for bankruptcy on December 20, 2005, resulting in the termination of their contract.
A provision of the contract required Calpine to post money to an escrow account in the RMLD's
name as financial protection in the event of a bankruptcy, or a similar situation. However,
Calpine did not agree to release the funds, forcing the RMLD to pursue the escrow monies
through legal channels.
At the time of the Calpine bankruptcy the RMLD acquired replacement power contracts to cover
the term of the Calpine contract, which would have originally expired in October 2007.
The RMLD was successful in its legal efforts and will receive $42.5 million from the escrow
account, which will be used to cover the difference between the Calpine contract price and the
price of the replacement contracts through October 2007.
This money will be included in the monthly fuel charge calculation from now through October,
2007 to offset the price differences caused by the higher -priced replacement contracts.
The RMLD's fuel charge has been at a high level over the past year due to events in the global
fossil fuel market. The RMLD expects this trend to continue.
The RMLD's Energy Services Department is constantly looking for ways to keep the fuel charge
stable.
ARTICLE 2 — John Sasso, Chairman of the Community Planning and Development
Commission, gave the following report on the Master Plan:
READING MASTER PLAN & ACTION STRATEGIES
The Master Plan Advisory Committee completed their work on the most recent version of the
^' Master Plan (MP) in the Fall of 2005 and subsequently it was adopted by the Community
Planning and Development Commission (CPDC) on February 25, 2006. This plan is available
through the Town's Planning Webpage. This MP provides the strategic and tactical goals and
objectives for the Town of Reading and more importantly captures in a Vision statement the core
ideals by which each and every board, commission, staff, resident and elected official have
agreed as the basis for the community. A list of the seven themes of the Vision statement is as
follows:
• Sense of Community: neighborhoods, small town feel, scenic ways & volunteerism
• Retain and enhance natural resources and open space
• Provide housing for diversity — expand infrastructure to support housing
• Business friendly atmosphere and vibrant downtown
• Regional road network, transportation and road improvements and transportation
alternatives
• Town -wide connections, safety and access
• Excellence of School system
Chapter 11, Implementation, was developed to take those objectives considered a priority and
define specific action strategies requiring execution, identifying a responsible party for each
strategy, and proposing an initial timeframe for completion. A total of fifty-on action strategies
have been identified and assigned. A complete list of the action strategies can be found in the
attached spreadsheet.
The CPDC is responsible for ensuring execution of this plan, and has made a commitment to the
Board of Selectmen (BOS) and the community to keep them apprised of the status. To facilitate
this process, we are identifying a single point of contact for each of the action strategies. This
will allow the CPDC to communicate directly with this individual to obtain status, address issues
and concerns, answer questions and affect changes as needed.
If you have any questions, the CPDC and the BOS welcome your feedback and encourage you to
attend any of the upcoming joint CPDC/BOS status meetings. In the meantime, please feel free
to contact the CPDC if you have any questions or comments.
Attachment:
(1) Action Strategy Spreadsheet
ARTICLE 2 — On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
ARTICLE 12 — On motion by Stephen A. Goldy, member of the Board of Selectmen, it was
voted to appropriate contributions from the following developer:
Inwood Park in Woburn
the sum of $245,000 for purposes of street design and road improvements of West Street and
other related, road improvements including sidewalk and curb improvements, or any other related
improvements as approved by the Town Manager.
- 2 - Annual Town Meeting
May 1, 2006
- ARTICLE 13A - On motion by James E. Bonazoli, member of the Board of Selectmen, it,was
voted, in accordance with MGL Chapter 44, Section 53E%2, to establish a revolving fund for the
purpose of using the receipts generated through the sale of compost bins to purchase additional
compost bins, and authorize expenditures administered by the Department of Public Works, not
to exceed $650 during Fiscal Year 2007 which may be made from such fund.
ARTICLE 13B - On motion by James E. Bonazoli, member of the Board of Selectmen, it was
voted, in accordance with MGL Chapter 44, Section 53E%2, to establish a revolving fund for the
purpose of administering the consultant fee provision of Reading General Bylaws, Section 5.7,
Wetlands Protection, and authorize expenditures administered by the Conservation
Administrator, not to exceed $25,000 during Fiscal Year 2007 which may be made from such
fund.
ARTICLE 13C - On motion by James E. Bonazoli, member of the Board of Selectmen, it was
voted, in accordance with MGL Chapter 44, Section 530/2, to establish a revolving fund for the
purpose of using the receipts generated from the issuance of Building, Plumbing or Gas, and
Wiring and other permits for the Walkers Brook Crossing development, the Archstone
Development and/or the Johnson Woods Development to pay the costs of legal expenses,
oversight and inspection, plan review, initial property value appraisal and appeals, and other
administrative expenses related to those developments; and for the construction of curb,
sidewalks, and other pedestrian safety improvements; said expenditures to be administered by
the Town Manager, up to a total amount during Fiscal Year 2007 not to exceed $250,000.
ARTICLE 14 - On motion by Ben Tafoya, member of the Board of Selectmen, it was voted to
accept Section 1 of Chapter 157 of the Acts of 2005 that provides accidental disability retirees
who are veterans with an additional yearly retirement allowance of $15 for each year of
creditable service with the total of this additional retirement allowance not to exceed $300
annually.
ARTICLE 16 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to release all of the Town's right, title, and interest in a
20' drainage easement located upon the property at 98 Hartshorn Street, Assessors Map 113,
Parcel 77, presently owned by David M. Swyter and Suzanne I. Biron; and that the Town vote to
authorize the Board of Selectmen to accept in its place a 15' drainage easement located upon the
property at 98 Hartshorn Street presently owned by David M. Swyter and Suzanne I. Biron; all in
accordance with the map entitled "Easement Plan of Land; No 98 Hartshorn Street; Reading
Mass. by Benchmark Survey dated February 21, 2006 ", and under such terms and conditions as
the Board of Selectmen may determine.
2/3 vote required
Declared unanimous by Moderator
- ARTICLE 17 - On motion by Stephen A. Goldy, member of the Board of Selectmen, it was
voted to transfer from Sewer reserves and appropriate the sum of $80,000 for the purpose of
constructing a sanitary sewer system and sewer facilities on all or portions of Franklin Terrace,
such sum to be expended by and under the direction of the Board of Selectmen.
- 3 - Annual Town Meeting
May 1, 2006
2/3 vote required
Declared unanimous by Moderator
ARTICLE 18 - On motion by James E. Bonazoli, member of the Board of Selectmen, it was
moved to authorize the. Board of Selectman to acquire by purchase, eminent domain, gift or
otherwise, two parcels of land containing approximately 2.14 acres located on Main Street
shown as Lots 2 and 16 on Board of Assessors Map 237 currently believed to be owned by the
estate of Richard A. Mattera, said land to be used for open space and conservation purposes in
accordance with the provisions of Mass. General Laws Chapter 40, Section 8C to be under the
care, management and control of the Town of Reading Conservation Commission and further to
be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution
of the Commonwealth of Massachusetts including the protection of water resources, and shall be
fully protected by all provisions of Article 97; and that the Town vote to appropriate by
borrowing the sum of $ (to be determined); and to authorize the Board of Selectmen to enter
into any and all agreements and contracts upon terms and conditions as they may determine to be
necessary to carry out the acquisition of such parcel and the purposes of this Article, and to see
if the Town will authorize the Board of Selectmen, Town Manager and/or the Conservation
Commission to apply for a grant or grants, including but not limited to a Self -Help Grant under
MGL, Chapter 132A, Section 11, to be used to defray the cost of all, or any part of the purchase
price for such parcel of land.
This article was discussed for 30 minutes.
On Motion by James E. Bonazoli, Precinct 6, it was voted to table the subject matter of Article
18.
ARTICLE 19 - On motion by Ben Tafoya, member of the Board of Selectmen, it was voted to
accept the report of the Board of Selectmen upon the laying out as public ways the following
described private way under the provision of law authorizing the assessment of betterments, such
way being laid out in accordance with plans duly approved by the Board of Selectmen; and
authorize the Board of Selectmen to take such way under the provision of law authorizing the
assessment of betterments, in fee or rights of easement therein by eminent domain, under the
provisions of Chapter 79 of the General Laws, as amended, or acquire said lands in fee or rights
of easement therein by purchase, gift or otherwise and to assess betterment's therefore, the plans
and descriptions for such way being filed in the Office of the Town Clerk in accordance with the
statutory requirements; and that the Town vote to transfer from free cash the sum of $2 for the
acquisition of .said lands or easements therein or for payment of any eminent domain damages
and for the construction of said way.
Adams Way
2/3 vote required
Declared unanimous by Moderator
ARTICLE 20 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to transfer lands of the Town, including portions of
George Street in excess of a 40' wide right of way, to abutting property owners and that the
-4- Annual Town Meeting
May 1, 2006
Town, by providing for such transfers, vote to discontinue the portion of George Street to be so
transferred:
Lot —A in Reading
Being a certain lot of land lying on the southerly side of George Street, in Reading
Massachusetts shown as Lot —A on a plan entitled "Street Discontinuance Plan of a
Portion of George Street in Reading, MA ", dated March 2, 2006 by P.J.F. and Associates,
Paul Finocchio, Professional Land Surveyor.
Beginning at a point on the southerly sideline of George Street, said point being 7,09 feet
southeasterly from an iron rod;
Thence, along the sideline of George Street, S 75° 30' 50" E. a distance of 13.57 feet, to a
point;
Thence, S 45° 21' 30" W, a distance of 23.02 feet, to a point;
Thence, S 59° 27' 00" W, a distance of 3.46 feet, to a point;
Thence N 16° 14' 00" E, a distance of 22.21 feet to a point, said point being the point of
beginning of this description.
Containing 160 square feet of land, according to said plan.
and
Lot —B in Reading
Being a certain lot of land lying on the southerly side of George Street, in Reading
Massachusetts shown as Lot —B on a plan entitled "Street Discontinuance Plan of a
Portion of George Street in Reading, MA ", dated March 2, 2006 by P.J.F. and Associates,
Paul Finocchio, Professional Land Surveyor.
Beginning at a point on the southerly sideline of George Street, said point being 20.66
feet southeasterly from an iron rod;
Thence, along the sideline of George Street, S 75° 30' 50" E, a distance of 7.92 feet, to a
point;
Thence, S 59° 27' 00" W, a distance of 27.92 feet, to a point;
Thence N 45° 21 30" E, a distance of 23.02 feet to a point, said point being the point of
beginning of this description.
Containing 78 square feet of land, according to said plan.
and that the Town vote to authorize the Board of Selectmen to accept from an abutting property
owner or owners, portions of private property as follows:
Lot -3 in Reading
Being a certain lot of land lying on the southerly side of George Street, in Reading
Massachusetts shown as Lot -3 on a plan entitled "Street Discontinuance Plan of a
Portion of George Street in Reading, MA ", dated March 2, 2006 by P.J.F. and Associates,
Paul Finocchio, Professional Land Surveyor. .
Beginning at a point on the southerly sideline of George Street, said point being an iron
rod;
Thence, N 59° 27' 00" E, a distance of 10.35 feet, to a point;
E Thence, S 16° 14' 00" W, a distance of 7.33 feet, to a point along the sideline of George
Street;
- 5 - Annual Town Meeting
May 1, 2006
Thence N 75° 30' 50" W, a distance of 7.09 feet to a point, said point being the point of
beginning of this description.
Containing 26 square feet of land, according to said plan.
Which lot shall become part of the right of way of George Street in order to establish a right of
way on George Street of not less than 40'; and that the Town vote to accept the additional
portion of George street as a public way; all actions under such terms and conditions as the
Board of Selectmen may determine.
2/3 vote required
Declared unanimous by Moderator
ARTICLE 21 - On motion by Stephen A. Goldy, member of the Board of Selectmen, and
amendments (see below) by Mark L Dockser, Precinct 1, and William R. Grace, Precinct 1, it
was voted to rescind the entirety of Section 5.6 of the Reading General Bylaws, and replace. it
with the following:
5.6 Animal Control
. 5.6.1 Definitions
As used in this bylaw, the following words and terms have the following meanings:
5.6.1.1 ACO. The Animal Control Officer.
5.6.1.2 Banishment: An order by the Animal Control Appeals Committee
(ACAC) that a vicious dog may no longer reside or visit in the Town of
Reading.
5.6.1.3 Destruction: An order by the Animal Control Appeals Committee
(ACAC) that a vicious dog be destroyed in accordance with
Massachusetts General Laws Chapter 140, and Massachusetts Society
for the Prevention of Cruelty to Animals guidelines.
5.6.1.4 Effective Voice Control: To be under effective voice control, the animal
must be within the keeper's sight and the keeper must be carrying a
leash and the animal must refrain from illegal activities.
5.6.1.5 Keeper: Any person having charge of an animal within , the Town of
Reading, including but not limited to the animal's owner, dog walkers,
dog sitters, members of the animal owner's household or family.
5.6.1.6 Kennel: Four or more dogs, six months of age or. older, kept on a single
property, whether for breeding, sale, training, hunting, companionship or
any other purpose.
5.6.1.7 Kennel License: A special license issued to a kennel, which allows
payment of a single fee covering all dogs in the kennel; with the kennel
license, the kennel owner receives a special kennel tag for each dog in
the kennel
5.6.1.8 License: A dog's registration, evidenced by a tag issued annually by the
Town Clerk to the owner of each dog residing in Reading and worn by
the dog securely fixed to its collar or harness.
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May l; 2006
5.6.1.9 License, Transfer: The registration issued to a dog already licensed in
another U.S. jurisdiction, after the dog moves into the Town of Reading.
5.6.1.10 License Period: Annually, from January 1 through
December 31.
5.6.1.11 Muzzling: Using a device that fits over a dog's mouth and prevents it
from biting, but that does not cause any injury or interfere with the
vision or respiration of the dog that wears it.
5.6.1.12 Nuisance Animal: An animal that repeatedly violates Section 5.6.3 of
this bylaw.
5.6.1.13 Permanent Restraint: An order issued by the Animal Control Appeals
Committee under Section 5.6.5.3, requiring a vicious dog's keeper to
restrain it.
5.6.1.14 Restraint: Limiting, restricting, or keeping an animal under control by
means of a physical barrier (e.g., a leash, substantial chain or line,
visible or invisible fence).
5.6.1.15 Running at Large: A dog is running at large if it is not on the private
property of its keeper, or on private property with the express permission
of that property's owner, or on a leash, or under effective voice control
(i.e., within the keeper's sight and the keeper is carrying a leash).
5.6.1.16 Temporary Restraint: An order issued by the ACO under Section
5.6.3.2(4), requiring the dog's keeper to restrain a nuisance dog or
suspected vicious dog for 30 days.
`-' 5.6.1.17 Vicious Dog: A dog that, without provocation, bites a human being or
kills or maims a domestic animal without provocation.
5.6.1.18 Any word or term defined in Massachusetts General Law Chapter 140,
Section 136A, and not otherwise defined here, is incorporated by
reference.
5.6.2 Vaccination, Licensing and Fees
5.6.2.1 Three or fewer dogs:
5.6.2.1.1 License and vaccination requirements. All dogs six months and
older, while residing in the Town of Reading, must have a
license. To obtain or renew the license, each dog owner must
annually present proof of a current rabies vaccination. When a
veterinarian determines that vaccination is inadvisable, the owner
may present a veterinarian's certificate exempting an old or sick
dog from vaccination for a stated period of time.
5.6.2.1.2 New dogs: Within 30 days of acquiring a dog six months of age
or older, each dog owner in Reading must present proof of that
dog's current rabies vaccination and obtain a license and dog tag
from the Town Clerk.
5.6.2.1.3 New puppies: Within six months of a puppy being born, each
dog owner in Reading must present proof of that puppy's current
- 7 - Annual Town Meeting
May 1, 2006
rabies vaccination and obtain a license and dog tag from the
Town Clerk.
5.6.2.1.4 New residents. A new resident who owns a dog six months of
age or older must license it within 30 days after moving into
Reading. The Town Clerk will issue each dog a transfer license,
upon the owner's surrender of a current license from another
U.S. jurisdiction and proof of current rabies vaccination. The
transfer license is valid until the next regular licensing period.
5.6.2.1.5 Lost tags /replacement tags. Dog owners must replace a lost tag
within three business days of the loss, by obtaining a replacement
tag from the Town Clerk.
5.6.2.1.6 Tag exemptions for dog events and medical reasons:
(1) A dog while actually participating in an official dog sporting or dog
fancy event (if the event sponsors do not allow participants to wear tags) is
exempt from the requirement that its license tag be affixed to its collar,
provided its keeper has the tag at the event and available for inspection by
the ACO.
(2) When a veterinarian determines that a dog cannot wear a collar for
medical reasons, the dog is exempt until it recovers from the requirement
that its license tag be affixed to its collar, provided its keeper has the tag in
his or her possession and available for inspection by the ACO.
5.6.2.1.7 Annual renewal_ Dog owners must renew each dog license
annually. The annual licensing period runs from January 1
through December 31.
5.6.2.1.8 License due date /late fee. The application form for obtaining,
renewing or transferring a license shall be available to each
household no later than December 31 st each year. Dog owners
must return forms and fees to the Clerk by March 31 st (or the
first business day thereafter, if March 31st falls on Saturday,
Sunday or legal holiday). Any license renewed after this date is
overdue, and the owner must pay a late fee as determined by the
Board of Selectmen in addition to the license renewal fee. The
overdue license fee and the late fee may be added to the owner's
tax bill or may be recovered through the imposition of a
municipal charges lien on any property standing in the name of
the dog owner, pursuant to Massachusetts General Laws
Chapter 40, Section 58.
5.6.2.1.9 License fees. The fees for licensing each dog shall be determined
by the Board of Selectmen. The fees shall differentiate between
neutered or spayed dogs, and not neutered or non - spayed dogs.
The fee for neutered or spayed dogs shall be less than the fee for
non- neutered or non - spayed dogs.
5.6.2.2 Four or more do
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May 1, 2006
5.6.2.2.1 License and vaccination requirements. Anyone who owns or
boards four or more dogs within the Town of Reading must
apply for and obtain a kennel license from the Town Clerk.
(This requirement shall not apply to medical boarding by any
licensed veterinarian practicing in the Town of Reading.) To
obtain or renew the license, the kennel licensee who is also the
owner of the dogs must present proof of current rabies
vaccinations for each dog in the kennel older than six months.
When it is off the kennel property, each dog in the kennel must
wear a kennel tag, issued by the Town Clerk, affixed to its
collar or harness. Kennel licensees who offer temporary
boarding services must obtain valid proof that each dog in the
kennel that is older than 6 months has received a current rabies
vaccination which proof must be maintained in accordance with
5.6.2.2.4(6) herein.
5.6.2.2.2 New dogs and new puppies. The kennel licensee who is also the
owner of the dogs must report to the Town Clerk each new dog
in the kennel within 30 days of its acquisition, show proof of
current vaccination, and obtain a kennel tag for that dog. The
kennel licensee must show proof of current vaccination and
obtain a tag for each puppy when it reaches six months old.
5.6.2.2.3 Application process. Every applicant for a new kennel license
must first obtain Zoning approval as required by the Reading
Zoning By -Laws prior to submitting an application to the Town
Clerk on a form prescribed by the Clerk.
5.6.2.2.4 Inspection process. Before the Town Clerk can issue the kennel
license, the Health Division Animal Inspector must inspect the
proposed kennel, file a report on the inspection, and favorably
recommend that the kennel meets all the following requirements:
(1) The location of the kennel is appropriate for housing multiple dogs.
(2) The location of the kennel on the property will have no significant
adverse effect on the peace and quiet or sanitary conditions of the
neighborhood.
(3) The area provided for housing, feeding, and exercising dogs is no
closer than 20 feet to any lot line.
(4) The area provided for housing, feeding, and exercising dogs is no
closer than 50 feet to any existing dwelling on an abutting lot.
(5) The kennel will be operating in a safe, sanitary and humane condition.
(6) Records of the numbers and identities of the dogs are properly kept.
(7) The operation of the kennel will be consistent with the health and
safety of the dogs and of the neighbors.
5.6.2.2.5 Periodic inspections. Before a kennel license is renewed, and at
any time they believe it necessary, the ACO and/or the Health
Division may inspect any kennel. If the ACO or the Health
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V
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Division determine that it is not being maintained in a safe,
sanitary and humane condition, or if the kennel records on the
numbers and identities of the dogs are not properly kept, the
ACO will report the violations to the Animal Control Appeals
Committee (ACAC) for a hearing on whether to impose fines or
revoke the kennel license.
5.6.2.2.6 Kennel review hearings. Within seven business days after
receiving the ACO's report of violations, the ACAC will notify
all interested parties of a public hearing to be held within 14 days
after the notice date. Within seven business days after the public
hearing, the ACAC shall either revoke the kennel license,
suspend the kennel license, order compliance, or otherwise
regulate the kennel.
(1) Any person maintaining a kennel after the kennel license has been
denied, revoked, or suspended will be subject to the penalties in Section
5.6.7 of this bylaw.
5.6.2.2.7 Annual renewal. Each kennel licensee must renew the license
annually of the Town Clerk's Office. The annual licensing period
runs from January 1 to December 31.
5.6.2.2.8 License due date. Kennel license renewal forms will be sent to
each licensed kennel no later than December 1 each year. Kennel
licensees must return forms and fees to the Town Clerk by
January 15 (or the first business day thereafter, if the 15th falls
on Saturday, Sunday or legal holiday). Failure to pay on time
will result in a late fee, due in addition to the license fee. The
overdue license fee and the late fee may be added to the
licensee's tax bill or may be recovered through the imposition of
a municipal charges lien on any property standing in the name of
the kennel licensee, pursuant to Massachusetts General Laws
Chapter 40, Section 58. Nothing in this bylaw shall prevent or
abrogate the Board of Health's authority to license and inspect
kennels in the Town of Reading.
5.6.2.2.9 Fees. The fees for licensing each kennel shall be established by
the Board of Selectmen.
5.6.2.2.10 Incorporation. The following provisions of Massachusetts
General Laws Chapter 140 are expressly incorporated herein:
Section 137B - Sale or other delivery of unlicensed dog by
kennel licensee; Section 137D - Licensee convicted of violation
of statutes relating to offenses against animals; and Section 138A
- Importation of dogs and cats for commercial resale, etc.
5.6.3 Conduct of Animals
5.6.3.1 Endangering safety. No animal keeper shall allow its animal to bite, -
menace or threaten, all without provocation, so as to endanger the safety of any
person. This section is not meant to preclude an animal from acting as a watchdog
on its keeper's property.
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May 1, 2006
5.6.3.2 Disturbing the peace. No animal keeper shall allow the animal to disturb
the peace of any neighborhood by making excessive noise without
provocation. Noise is excessive if it is uninterrupted barking, yelping,
whining, or howling for a period of time exceeding 15 minutes. This
section is not meant to preclude a dog from acting as a watchdog on its
keeper's property.
5.6.3.3 Damaging property. No animal keeper shall allow the animal to damage
public or private property or realty.
5.6.3.4 Running at large. When not on the private property of its keeper, or on
private property with the express permission of that property's owner, an
animal must be on a leash or may be under effective voice control in
locations noted below. To be under effective voice control, the animal
must be within the keeper's sight and the keeper must be carrying a leash.
(1) Voice control (in place of leash control) allowed. A dog may be under voice
control when within the Town Forest or on Conservation lands.
(2) Public gatherings leash control only. An animal may be at any public
gathering not otherwise specified in this bylaw only if it is on a six -foot or shorter
leash and the animal must refrain from illegal activities.
(3) School grounds - animals not allowed during school/leash control only at other
times. Unless the school Principal gives permission in advance, no animal may be
on school grounds from 30 minutes before classes begin until 30 minutes after
classes end. At all other times, the animal may be on school grounds only if it is
on a six -foot or shorter leash. An animal is not violating this prohibition if it
remains within a vehicle.
(4) Exception for assistance animals (service animals). Section 5.6.3.4 does not
apply to any properly trained assistance animal or service animal while
performing its duties.
5.6.3.5 Chasing. No animal keeper shall allow the animal to chase a person,
motor - powered vehicle, human- powered vehicle, or animal drawing or
carrying a person.
5.6.3.6 Dog litter. Every dog keeper is responsible for expeditiously removing any
dog feces the dog deposits anywhere except on its keeper's private
property, on other private property with the property owner's permission.
This provision does not apply to any assistance dog or service dog while it
is performing its duties.
5.6.4 Animal Control Officer
5.6.4.1 Appointment. The Town Manager shall appoint an Animal Control Officer
(ACO) under the provisions of Massachusetts General Laws Chapter 140,
Sections 151 and 151A to carry out the provisions of this bylaw and to
perform such other duties and responsibilities as the Town Manager or his
designee may determine.
5.6.4.2 Duties. The ACO's duties shall include but not be limited to the following:
(1) Enforcement of the Town of Reading Animal Control Bylaws and relevant
State regulations.
Annual Town Meeting
May 1, 2006
(2) Explanation of bylaw violations.
(3) Notification to the owner of unlicensed dogs.
(4) Issuance of Temporary restraint orders. The ACO shall issue an order of
temporary restraint to the keeper of any animal that is a nuisance or that is
awaiting a decision under Section 5.6.6 as to whether it is vicious. An order of
temporary restraint is an order that the animal must be confined to its keeper's
property when not on a 6 -foot or shorter leash or may be ordered to be sheltered at
a local kennel or veterinarian facility at the animal owner's expense; muzzling
will be at the ACO's discretion. It shall be in force for no more than 30 days
unless the ACO renews it in writing for subsequent 30 -day periods. The ACO
shall rescind or stop renewing the order when, in the ACO's judgment, restraint is
no longer required. The animal's keeper can petition the Animal Control Appeals
Committee (ACAC) under Section 5.6.5.2 to rescind the order of temporary
restraint.
(5) Issuance of an order of confinement. The ACO may make arrangements for
the temporary housing of any animal that is to be confined under the provisions of
this bylaw. The housing may be at local veterinary clinics, or at dog kennels
within the Town or neighboring towns, and shall be at the animal owner's
expense.
(6) Complaint resolution. The ACO shall investigate all complaints arising within
the Town pertaining to violations of this bylaw and try to mediate disputes
between Town residents pertaining to the behavior of an animal maintained or
located within the Town. If the mediation fails, the ACO will decide on a solution
and inform the animal owner and any resident that brought a complaint or problem
to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's
decision may appeal that decision to the Animal Control Appeals Committee; the
ACO shall attend the meetings of the ACAC on the matter.
(7) Recordkeeping. The ACO shall keep accurate, detailed records of the
confinement and disposition of all animals held in custody and of all bite cases
reported, and the results of investigations of thq same. The ACO shall maintain a
telephone log of all calls regarding animals and submit a monthly report
summarizing the log to the ACAC.
5.6.5 Animal Control Appeals Committee(ACAC)
5.6.5.1 Composition of the ACAC. The Animal Control Appeals Committee is
comprised of three Reading residents, none of whom can be employees of
the Town, appointed to three -year overlapping terms by the Board of
Selectmen. The ACAC will annually select a member to serve as the
Chair. At least one of the three members must be a dog owner.
5.6.5.2 Right to appeal. When the Animal Control Officer has investigated a
complaint regarding an animal's behavior and has issued a finding or an
order of temporary restraint with which either the animal's keeper or the
complainant disagrees, then either party may appeal by sending a written
request to the Town Clerk within 10 business days after issuance of the
ACO's decision. Following the Clerk's receipt of a written appeal, the
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May 1, 2006
ACAC shall hold a public hearing on the appeal within 14 days, at which
the dog owner, the complainant, and the ACO must appear.
5.6.5.3 Findings and further appeals. The ACAC shall vote at the public hearing
on whether to uphold, reverse, or modify the ACO's decision and shall
mail its ruling to the animal owner, complainant, and ACO within three
business days after the public hearing.
5.6.5.4 Hearings. The ACAC shall hold public hearings and make decisions on
any vicious dog declaration under Section 5.6.6.
5.6.5.5 Further Appeals. An appeal from a decision of the ACAC may be made
by either the Owner or Complainant pursuant to the provisions of M.G.L.
Chapter 30A.
5.6.6 Vicious Dogs
5.6.6.1 Declaring a dog vicious. Any dog that, without provocation, bites a
human being or kills or maims a domestic animal without provocation
may be declared vicious by the ACAC. An exception may be made for a
puppy (animal under six months old) that draws blood, or for a dog that
attacks or bites an unaccompanied domestic animal on the dog keeper's
property.
5.6.6.2 Procedure for declaring a vicious dog. Upon the written complaint of the
ACO, any other public safety agent, or upon the petition of not less than
five individuals from five separate households the Animal Control
Appeals Committee (ACAC) shall hold a public hearing, after which it
will determine whether it should declare a dog vicious and, if so declared,
what remedy is appropriate..
5.6.6.3 Exceptions. A dog shall not be declared vicious if the ACAC determines
any of the following:
(1) The person's skin was not broken.
(2) The person who was bitten was willfully trespassing, committing a
crime, or attempting to commit a crime on the premises occupied by the
dog's keeper.
(3) The dog was being teased, tormented, abused, or assaulted by the
injured person or animal prior to attacking or biting.
(4) The dog was protecting or defending a human being in its immediate
vicinity from attack or assault.
5.6.6.4 Remedies. Upon its finding that the dog is vicious, the ACAC shall order
one of the following remedies: permanent restraint, banishment, or
destruction in accordance with MSPCA guidelines.
(1) Permanent restraint order is an order that the dog must at all times
while on its keeper's property be kept within the keeper's house or a
secure enclosure; whenever the dog leaves its keeper's property, it must
be muzzled and restrained on a lead no longer than six feet or confined in
an escape -proof enclosure. The secure enclosure shall be a minimum of
five feet wide, 10 feet long, and five feet in height, with a horizontal top
covering the entire enclosure; shall be constructed of not less than 9
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May 1, 2006
gauge chain link fencing; the floor shall be not less than three inches of
poured concrete; with the bottom edge of fencing embedded in the
concrete; shall be posted with a clearly visible warning sign including a
warning symbol; must contain and provide protection from the elements;
and shall comply with all applicable building codes and with the Zoning
By -Laws of the Town of Reading. In addition, the keeper of the dog shall
annually provide proof to the Town Clerk of a liability insurance policy
of at least one hundred thousand dollars ($100,000) for the benefit of the
public safety.
(2) Banishment is an order that a vicious dog may no longer reside or
visit in the Town of Reading. (A vicious dog that is confined to a vehicle
while passing through Reading is not "visiting" and therefore is not in
violation of the order of banishment.)
(3) Destruction is an order that the dog be destroyed in accordance with
Massachusetts General Laws Chapter 140, and Massachusetts Society for
the Prevention of Cruelty of Animals guidelines.
5.6.7 Penalties
5.6.7.1 Fines. Any animal keeper who maintains a kennel after the kennel license
has been denied, revoked or suspended, or who fails to obtain a kennel
license; and any animal keeper who fails to comply with Section 5.6.3
Conduct of Animals shall be subject to penalties as determined by the
Animal Control Appeals Committee, not exceeding $300 per day for
every day of the violation.
5.6.7.2 Reimbursement of costs. If the Animal Control Officer confines a dog
and the animal owner does not pay all fees directly to the kennel or
veterinary clinic, then the dog's keeper must reimburse the Town of
Reading for any expenses incurred in boarding that dog. If the dog has
not been licensed, the keeper must obtain a license and pay any
applicable late fee before the dog can be released.
5.6.7.3 Penalties for violating restraint orders. The ACAC shall determine a
schedule of penalties not exceeding $300 for each and every violation of
restraint orders.
5.6.8 Miscellany
5.6.8.1 Non criminal disposition of violations. The ACO may, as an alternative
to initiating criminal proceedings, initiate and pursue proceedings for the
non - criminal disposition of any violation of this bylaw, in accordance
with the provisions of Massachusetts General Laws Chapter 40,
Section 21D, to the extent of the specific penalty provided therefore.
5.6.8.2 Incorporation of State law. The provisions of Massachusetts General Laws
Chapter 140, Sections 136A through 156 and 158 through 174D,
inclusive, as may be amended from time to time and except as modified
herein, are hereby incorporated into this bylaw.
5.6.8.3 Severability. The invalidity of one or more sections, subsections,
paragraphs, sentences, clauses, or provisions of this bylaw shall not
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May 1, 2006
invalidate or impair any other part of this bylaw nor invalidate the bylaw
as a whole.
ARTICLE 21 - On motion by Mark L. Dockser, Precinct 1, it was voted to amend Article 21,
Section 5.6.7.3 by adding "per day" after 1300 ".
Motion carried.
ARTICLE 21 - On motion by William R. Grace, Precinct 1, it was voted to amend Article 21,
Section 5.6.6.4(1) by deleting ` ;" after enclosure and replacing it with a period and by moving
the rest of the sentence "whenever the dog leaves its keeper's property, it must be muzzled and
restrained on a lead no longer than six feet or confined in an escape -proof enclosure" to the end
of this section after the word "safety; ".
Motion carried.
ARTICLE 21- On motion by John D. Wood, Precinct 2, it was moved to table the subject
matter of Article 21.
Motion did not carry.
ARTICLE 22 - On motion by Ben Tafoya, member of the Board of Selectmen, it was moved to
adopt the following Reading General Bylaw regulating construction hours and noise limits:
5.5.8 - Construction Hours and Noise Limits
5.5.8.1 - Purpose. The intent of the bylaw is to regulate the hours during which construction and
demolition activities may take place within the Town and otherwise to limit the impact
of such activities on nearby residents and business.
5.5.8.2 - Definition.
• "Construction" shall mean and include the construction, reconstruction, alteration,
repair, demolition and/or removal of any building, structure or substantial part
thereof if such work requires a building permit, razing permit, electrical permit,
plumbing permit, gas permit, or mechanical permit. "Construction" shall also
include excavation that involves the use of blasting, jackhammers, pile drivers,
backhoes and /or other heavy equipment. "Construction" shall also include the
starting of any machinery related to the above, deliveries, fueling of equipment,
and any other preparation or mobilization for construction which creates noise or
disturbance on abutting properties.
5.5.8.3 - Hours. No person shall perform any construction within the Town except between the
hours of:
• 7:00 a.m. and 8:00 p.m., Monday through Friday;
• 8:00 a.m. to 5:00 p.m. on Saturdays;
• None on Sundays and legal holidays.
5.5.8.4 - Exemptions. The restrictions set forth in this bylaw shall not apply to any work
performed as follows:
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May 1, 2006
® By any Federal or State Department, Reading Department of Public Works, the
Reading Municipal Light Department and/or any contractors working directly for
these agencies;
® By a resident on or in connection. with his residence, without the aid of hired
contractors, whether or not such residence is a detached single family home;
® In the case of work occasioned by a genuine and imminent emergency, and then
only to the extent necessary to prevent loss or injury to persons or property.
5.5.8.5 - Permits. The Chief of Police or his designee (the Chief), may in his reasonable
discretion issue permits in response to written applications authorizing applicants to
perform construction during hours other than those permitted by this bylaw. Such
permits may be issued upon a determination by the Chief, in consultation with the
Building Inspector, the Town Engineer, or other Town staff, that literal compliance with
the terms of this bylaw would create an unreasonable hardship and that the work
proposed to be done (with or without any proposed mitigative measures) will have no
adverse effects of the kind which this bylaw seeks to reduce. Each such permit shall
specify the person authorized to act, the dates on which or within which the permit will
be effective, the specific hours and days when construction otherwise prohibited may
take place, and any conditions required by the Chief to mitigate the effect thereof on the
community. The Chief may promulgate a form of application and charge a reasonable
fee for each permit. No permit may cover a period of more than thirty days. Mitigative
measures may include notice to residents in the surrounding area, and other mitigation
as determined by the Chief.
5.5.8.6 - Unreasonable Noise. Regardless of the hour or day of the week, no construction shall be
performed within the Town in such a way as to create unreasonable noise. Noise shall be
deemed unreasonable if it interferes with the normal and usual activities of residents and
businesses in the affected area and could be reduced or eliminated through reasonable
mitigative measures.
5.5.8.7 - Copy of Bylaw. The Building Inspector shall deliver a copy of this bylaw to each
person to whom it issues a building permit, razing permit, electrical permit, plumbing
permit, gas permit or mechanical permit at the time that the said permit is issued.
5.5.8.8 - Enforcement. The Police Department, Zoning Officer and/or other agent designated by
the Town Manager shall enforce the restrictions of this bylaw. Fines shall be assessed
and collected in the amount of up to $300 for each violation. Each day or portion thereof
that a violation continues shall constitute a separate offense. Any alleged violation of this
bylaw may, in the sole discretion of the enforcing agent be made the subject matter of
non - criminal disposition proceedings commenced by such agent under M.G.L. c, 40, §
21D.
ARTICLE 22 — On motion by Harvey J. Dahl, Precinct 7, it was moved to add "Reading Public
Schools" to first bullet of exemptions.
ARTICLE 22 — On motion by Karen Gately Herrick, Precinct 8, it was moved to remove from
Section 5.5.8.3 the second bullet "8:00 a.m. to 5:00 p.m. on Saturdays;" and add Saturdays to
third bullet.
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May 1, 2006
Above motions were not voted on because the Article was referred back to the Board of
Selectmen.
ARTICLE 22 — On motion by John E. Carpenter, Precinct 7, it was moved to refer this Article
to Board of Selectmen.
Motion carried.
ARTICLE 23 - On motion by James E. Bonazoli, member of the Board of Selectmen, it was
voted to adopt the following General Bylaw regulating door -to -door solicitors and canvassers:
5.5.9 Door -To -Door Solicitors and Canvassers
5.5.9.1 - Definitions; applicability.
5.5.9.1.1 As used in this section, the terms "solicit" and "canvas" shall mean and
include any one or more of the following activities conducted at residences,
without the previous consent of the owner:
(a) Seeking to obtain the purchase, or orders for the purchase of goods, wares,
merchandise, foodstuffs or services of any kind, character or description
whatever for any kind of consideration whatsoever; or
(b)Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication.
5.5.9.1.2 The provisions of this section shall not apply to officers or employees of the
Town, County, State or Federal government, or any subdivision thereof when
on official business, or to neighborhood youth and students who solicit for the
shoveling of snow or cutting of lawns or similar services to residents, nor shall
it be construed to prevent route salespersons or other persons having
established customers to whom they make periodic deliveries from calling
upon such customers.
5.5.9.1.3 If any solicitor or canvasser is under the age of 18 years and is selling goods or
periodicals for a commercial purpose, the provisions of M.G.L. c. 101, §34
shall apply.
5.5.9.1.4 The provisions of this section shall not apply to any person soliciting solely for
religious, charitable or political purposes.
5.5.9.2 - Registration required.
It shall be unlawful for any person to solicit or canvas or engage in or conduct
business as a canvasser or solicitor without first having obtained a Certificate of
Registration from the Chief of Police as provided in this section.
5.5.9.3 - Application for Certificate of Registration.
5.5.9.3.1 Application for a Certificate of Registration shall be made upon a form
provided by the Police Department along with a nonrefundable application
fee of $25.00. -
5.5.9.3.2 An authorized representative of the sponsoring organization shall apply to
the Chief of Police or his/her designee either in person or by mail. All
statements on the application or in connection therewith shall be under oath.
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May 1, 2006
The applicant shall provide all information requested on the application,
including:
(a) Name, address and telephone number of the sponsoring organization,
along with a listing of all officers and directors;
(b) State and/or Federal Tax Identification Number of the sponsoring
organization;
(c) Name, residential and business address, length of residence at such
residential address, telephone number, social security number and
date of birth of each representative of the sponsoring organization
who will be soliciting or canvassing in the Town;
(d) Description sufficient for identification of the subject matter of the
soliciting or canvassing in which the organization will engage;
(e) Period of time for which the Certificate is applied (every Certificate
shall expire within one year of date of issue);
(f) The date of the most recent previous application for a Certificate under
this section;
(g) Any previous revocation of a Certificate of Registration issued to the
organization or to any officer, director or representative of the
organization by any city or town and the reasons therefore;
(h) Any convictions for a felony, either State or Federal, within five years
of the application, by the sponsoring organization, any of its officers
or directors, or. any representative who will be soliciting or canvassing
in the Town;
(i) Names of the three communities where the organization has solicited
or canvassed most recently;
(j) Proposed dates, hours and method of operation in the Town;
(k) Signature of authorized representative of the sponsoring organization.
5.5.9.3.3 A photograph or an acceptable photocopy of a photograph of each
representative of the sponsoring organization who will be soliciting or
canvassing in the Town shall be attached to the application.
5.5.9.3.4 No Certificate of Registration shall be issued to any person, or to any
organization having an officer or director, who was convicted of commission
of a felony, either State or Federal, within five years of the date of the
application, nor to any organization or person whose Certificate of Registration
has previously been revoked as provided below.
5.5.9.3.5 Fully completed applications for Certificates shall be acted upon within five
business days of receipt. The Chief of Police shall cause to be kept in his
office accurate records of every application received together with all other
information and data pertinent thereto and of all Certificates of Registration
issued under this section and of all denials.
5.5.9.3.6 Upon approval of an application, each solicitor or canvasser shall be issued a
Certificate of Registration with a photo identification badge to carry upon
his /her person at all times while soliciting or canvassing in the Town and to
display the Certificate whenever asked by any police officer or any person
solicited.
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May 1, 2006
5.5.9.4 - Revocation of Certificate.
5.5.9.4.1 Any Certificate of Registration issued hereunder may be revoked by the Chief
of Police for good cause, including conviction of the holder of the
Certificate of violation of any of the provisions of this section or a false
material statement in the application. Immediately upon such revocation,
the Chief of Police shall give written notice to the holder of the Certificate
in person or by certified mail addressed to his/her residence address set
forth in the application.
5.5.9.4.2 Immediately upon the giving of such notice, the Certificate of Registration
shall become null and void., In any event, every Certificate of Registration
shall state its expiration date, which shall be no later than one year from
date of issue.
5.5.9.5- Deceptive Practices.
No solicitor or canvasser registered or exempt from registering may use any plan,
scheme, or ruse which misrepresents the true status or mission of any person
conducting the solicitation or canvas in order to gain admission to the home, office or
other establishment of any person in the Town.
5.5.9.6 - Duties of solicitors and canvassers.
It shall be the duty of every solicitor and canvasser going onto any premises in the
Town to:
(a) Display a Town - issued photo identification badge on the outside of their person;
and
(b) First examine whether there is a notice posted stating that no solicitors are
welcome. If such notice is present, then the solicitor or canvasser shall
immediately and peacefully depart from the premises; and
(c) Any solicitor or canvasser who has gained entrance to any residence, whether
invited or not, shall immediately and peacefully depart from the premises when
requested to do so by the occupant.
5.5.9.7 - Lawful hours to conduct solicitation or canvas.
All canvassing or soliciting under this section shall be confined to the hours between
10:00 a.m. and sundown or 8:00 p.m., whichever is earlier, throughout the year.
5.5.9.8 - Penalty for violations.
Any solicitor or canvasser who violates any provision of this section shall be
punishable in accordance with Section 1.5 of the Town of Reading General Bylaws.
ARTICLE 23 — On motion by Elaine L. Webb, Precinct 1, it was moved to amend Section
5.5.9.3.2(h) by adding the word "or imprisonment" after convictions.
Motion to amend carried.
ARTICLE 23 — On motion by Nancy Huntington - Stager, Precinct 1, it was moved to amend
Section 5.5.9.3.1 by deleting "of $25.00" and adding the following sentence "Said fee to be
determined by the Board of Selectmen.
Motion to amend carried.
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May 1, 2006
ARTICLE 23 — On motion by Joseph Westerman, Precinct 3, it was moved to amend Section
5.5.9.3.1 by adding the words "per person" after the word "fee."
Motion to amend did not carry.
On motion by Russell T. Graham, Precinct 4, it was voted that this Annual Town Meeting stand
adjourned to meet at 7:30 p.m. at the Reading Memorial High School, on Thursday, May 4,
2006.
Meeting adjourned at 10:58 p.m.
155 Town Meeting Members were present.
A true copy. Attest: heryl Johns
Town erk
-20- Annual Town Meeting
May 1, 2006
ANNUAL TOWN MEETING
Reading Memorial High School May 4, 2006
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:43 p.m., there being a
quorum present.
The Invocation was given by Ronald M. D'Addario followed by the Pledge of Allegiance to the
Flag.
ARTICLE 24 - On motion by Karen Herrick, associate member of the Historical Commission, it
was voted to amend § 5.13 of the Reading General Bylaws of the Town as follows:
• § 5.13.3.2 — by deleting said section in its entirety, and inserting in its place: "Upon the
receipt of a completed application form for a demolition permit for a Potentially
Significant Structure, the Building Inspector shall immediately forward a copy thereof to
the Commission for review."
• § 5.13.3.3 — by deleting the word "Permit" in the first sentence and replacing it with the
word "Application".
• § 5.13.3.4 — by deleting the second sentence of the second paragraph and replacing it
with, "The Applicant shall be responsible for costs associated with the mailing, posting or
publishing of the required notices."
• § 5.13.3.6 — by deleting the word "six (6)" in the second sentence and replacing it with
the word "twelve (12) ", so that said second sentence shall read, "The Commission shall
so advise the applicant and the Building Inspector, and a Demolition Permit may be
delayed up to twelve (12) months after the conclusion of the hearing during which time
alternatives to demolition shall be considered."
On motion by William C. Brown, Precinct 8, it was moved to amend Article 24 by deleting
change to Section 5.13.3.4.
Motion to amend did not carry.
ARTICLE 25 - On motion by Jonathan E. Barnes, member of the Community Planning and
Development Commission, it was voted to table the subject matter of Article 25.
ARTICLE 26 Explanation by Moderator:
Before we begin discussion under this article, a few words of explanation are in order. The
Chair has been informed that a motion to COMMIT or REFER this Article to committee will be
made. By the way, the two terms are considered synonymous.
Although this motion is specifically mentioned in our bylaws (Section 2.2.1, Rule 1.6) and has
been for a long time, this Chair does not remember it being used — at least until last Monday in
the last 25 years.
I would like to explain why it has come to be used tonight, although I'll let the proponents go
into further detail. I will also then explain its definition.
For legal ramifications, I will let Town Counsel give a further explanation if necessary.
First, Massachusetts General Laws Section 40A states, among other things, that no proposed
zoning bylaw which has been unfavorably acted upon by town meeting shall be considered by
town meeting within two years after the date of such unfavorable action unless recommended in
the final report of the planning board.
A court ruling of 1908 further stated that INDEFINITE POSTPONEMENT constitutes a
negative vote.
An attorney for the proponent called me and informed me that the proponent was considering
delaying action on this issue until some future town meeting. He asked if a motion to TABLE
would be in order, and avoid such a restriction. I told him that although the real purpose of
laying an issue on the table is to put it aside temporarily — not permanently — it would be in
order. I could not answer him as to the legal ramifications — I am not an attorney or judge — but I
did tell him that tabling had been used in the past for just such a result.
Subsequently I pointed out a note in Town Meeting Time that appears to address this issue. See
page 119 in Town Meeting Time. I told him again that I, as Moderator, can make rulings on
procedure, but not on legal issues. I recommended that they further research the results from a
legal standpoint of the motion to REFER TO COMMITTEE as compared to the motion to
TABLE. As far as procedures are concerned, either would be in order, although tabling would
not be debatable.
Definition of COMMIT or REFER:
A motion to REFER TO COMMITTEE, defers action and sends it to whatever body is named in
the motion for further review. In the reference in Town Meeting Time it appears that the result is
considered neither positive nor negative.
If a motion to REFER TO COMMITTEE is before the body, debate is allowed, but only on the
motion before us — whether or not to REFER it to a committee.
A motion to lay it on the table would be in order, but would not be debatable. Also, if
successfully placed on the table, remember, it could be taken from the table at any time before
final adjournment of Town Meeting. TABLING is not necessarily a final action.
Now let me explain what happens under various scenarios:
If a motion to REFER TO COMMITTEE carries, we would move on to the next article. If, on
the other hand, it is defeated, we would then have an article before us with no motion.
Appropriate motions at that time would be to proceed with the original zoning plan; a motion to
indefinitely postpone; or a motion to lay on the table.
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May 4, 2006
What the legal results of any of these successful motions would be, I would defer to Town
Counsel,
ARTICLE 26 - On motion by William J. Griset, Jr., Precinct 8, it was moved that the subject
matter of Article 26 be referred to the Community Planning and Development Commission for
further review.
On motion by Thomas Joseph Ryan, Precinct 1, it was moved to move the question.
2/3 vote required
54 voted in the affirmative
89 voted in the negative
Question is not moved.
ARTICLE 26 - On motion by Stephen L. Crook, Precinct 3, it was voted that the subject matter
of Article 26 be tabled.
Count in Question
83 voted in the affirmative
74 voted in the negative
ARTICLE 27 - On motion by Camille W. Anthony, Chairman of the Board. of Selectmen, it was
moved pursuant to Section 2 -6 of the Reading Home Rule Charter to declare the seats of the
following Town Meeting Members to be vacant and remove these persons from their position as
Town Meeting Members for failure to attend one half or more of the Town Meeting sessions
during the previous year:
Preeinet 2 - Kevin T. Flanagan
Precinct 3 John T. O'Connor
Preeinet 5 Paul A. Kel-le�
Pr-remit 7- .,1e TR T.,
On motion by Peter G. Coumounduros, Precinct 2, it was moved to strike Kevin T. Flanagan's
name from the list and keep him as a Town Meeting member in Precinct 2.
Motion carried.
On motion by Angela F. Binda, Precinct 5, it was moved to strike Paul A. Kelley's name from
the list and keep him as a Town Meeting member in Precinct 5.
Motion carried.
On motion by William C. Brown, Precinct 8, it was moved to strike Pasquale M. Iapicca's name
from the list and keep him as a Town Meeting member in Precinct 8.
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May 4, 2006
Motion carried
ARTICLE 3 — On instructional motion by Mark Dockser, Precinct 1, it was moved to instruct
the Board of Selectmen to report back to Town Meeting in regards to Article 13 of the November
14, 2005 Warrant of Subsequent Town Meeting regarding potential open space around Reading
Memorial High School.
Motion carried.
ARTICLE 3 — On instructional motion by Robert A. Brown, Precinct 6, it was moved to instruct
the Board of Selectmen to implement the recommendations made at the Town Meeting on the
evening of April 27, 2006 by the Initiative Against Substance Abuse.
Specifically:
1. Create an article on the Town Warrant creating and funding the position of Substance
Abuse Reduction Coordinator. This article should be for a special Town Meeting this
Summer or for the Fall Town meeting, but no later than the scheduled Fall Town
Meeting.
2. Establish a diverse Substance Abuse Reduction committee and appoint its members by
.September 2006.
3. Implement other measures appropriate for the Board of Selectmen to initiate as
recommended by the Initiative Against Substance Abuse Task Force.
Motion carried.
ARTICLE 3 - On instructional motion by Mary Ellen O'Neill, Precinct 6, it was moved to
instruct Town Meeting to ask our public health staff to provide an information and educational
presentation on the bird flu issue at the June Special Town Meeting. RCTV is encouraged to
consider taping this presentation for the purpose of showing it as a public service.
Motion carried.
ARTICLE 3 — On instructional motion by Elaine L. Webb, Precinct 1, it was moved to instruct
the Board of Selectman to provide written notice of the date, time, and place of the public
hearing on the subject matter of the storm water fee structure to the following organizations in
the Town of Reading: the municipality, the schools, and all registered non -profit organizations
subject to the proposed fee; and that Town Meeting instruct the Board of Selectman to consider
waving the storm water fee for fiscal year 2007 for the Town of Reading municipality, schools,
and all registered non - profit organizations subject to the storm water fee. The rational being that
the determination of the storm water fee for FY2007, as a result of the motion under article 8, is
subsequent to the approval of the above mentioned organizations FY 2007 budgets.
Count Questioned
79 voted in the affirmative
53 voted in the negative
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May 4, 2006
Motion carried.
ARTICLE 3 — On instructional motion by Ronald M. D'Addario, Precinct 6, on behalf of the
Advisory Committee on Cities for Climate Protection and their Reading Neighbors' Climate and
Energy Campaign, I am offering an instructional motion to Town Meeting, the Selectmen, the
School Committee, the RMLD, and the CPDC to encourage any new construction and /or the
renovation of municipal and private buildings to meet the appropriate LEED's (Leadership in
Energy and Environmental Design) green building rating. LEED standards are continually
developed and refined by the USGBC, the United States Green Building Council.
"The LEED Green Building Rating System is a voluntary, consensus, national standard for
developing high - performance, sustainable buildings." "LEED provides a complete framework
for assessing building performance and meeting sustainability goals. Based on well - founded
scientific standards, LEED emphasizes state of the art strategies for sustainable site development,
water savings, energy efficiency, materials selection, and indoor environmental quality: LEED
recognizes achievements and promotes expertise in green building through a comprehensive
system offering project certification, professional accreditation, training and practical resources."
In concert with the above recommendations, Town Meeting, the Selectmen, the School
Committee, the RMLD, and the CPDC are instructed to facilitate the addition of alternative
forms of energy along with the purchase of green power in both new construction as well as in
building renovations.
Motion carried.
On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was voted to lay
Article 3 on the table.
On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was voted that this
Annual Town Meeting stand adjourned sine die.
Meeting adjourned at 10:57 p.m.
159 Town Meeting Members were present.
A true copy. Attest: heryl . John
Town erk
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May 4, 2006