HomeMy WebLinkAbout2004-04-26 Annual Town Meeting MinutesANNUAL TOWN MEETING
Reading Memorial High School April 26, 2004
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:45 p.m., there being a
quorum present.
The Invocation was given by Thomas J. Ryan, followed by the Pledge of Allegiance to the Flag.
There was a moment of silence for the William Hughes, Light Board Chairman/member and
constable; Daniel Halloran, former light board member and former constable; and Patricia
Donnelly, Secretary at Joshua Eaton.
All Town Meeting members were sworn in.
The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by
George V. Hines, 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 — George V. Hines, Chairman of the Board of Selectmen, gave the following State
of the Town Report:
I have had the opportunity to present this address as Chairman of the Board of Selectmen a
number of times and each time have felt honored to do so. When I sat down to write this it
struck me that this may very well be the last time I have the opportunity to address this body as a
Selectman. Once again I am honored and want to thank you and my fellow Board members for
this opportunity. Since it may well be the last State of the Town address I give, I obviously
would have liked to make it something memorable. However, being neither a great writer nor
orator and paraphrasing our 16th President, our town history will little note nor long remember
what is said here tonight, nevertheless hope I can make some small impact.
If it sounds like I'm making this address personal it is because I want everyone to understand
how much I love this community and how decisions I and all my colleagues I have served with
on the Board of Selectman have been motivated only by the best interests of the entire
community.
In past State of the Town comments I have avoided chronicling the past years activities since
they are generally well covered. I have come to realize that Town Meeting members, if not
directly involved may not be totally focused on the many issues the government volunteers and
town employees deal with over the course of a given year and therefore the volunteers and
employees may not be getting quite the recognition they deserve. It would be excessively long
and boring to enumerate everything but some events deserve mention.
Financial
The financial health of the community has seen a number of pros and cons this past year.
• First and foremost is the sale and development of the former landfill site. I know the
anticipation of welcoming Jordan's furniture and Home Depot, along with the new tax
revenue they will bring is enthusiastically building.
• The loss of state aid through the Governor's 9C reductions amounting to over $300,000
created significant budget tension.
• The taxpayer's approval of a $4.5 M override that enabled us to continue vital services
and expand roadway maintenance.
• Final state aid numbers that came in higher than our projections that enabled us to
establish a stabilization fund for the first time in decades.
• Approval of two debt exclusion overrides to modernize our elementary schools and build
a new High School.
Affordable Housing
This is an area the Board of Selectmen point to with great pride since consistent efforts in
affordable housing are paying off toward meeting state goals.
• Though small in numbers the most gratifying project is the partnership with Habitat for
Humanity for two units on unused town property on Governor's Drive.
• Two West street projects, Archstone on the former Spence parcel and the condominium
development on the former Longwood poultry farm helped substantially in achieving our
goal and became better projects through the review process.
• The completion and occupancy of 8 units at Sumner Cheney Place off No. Main St.
• Two new projects in the pipeline the Salem St. LIP project with 36 units and the Housing
Authority Pleasant St. Project that has action on this town warrant and has also been .
improved by good community process.
Public Works
The past year has seen the culmination of a lot of hard work by staff and government volunteers
to bring projects to fruition. Among those:
• The Walker's Brook Drive improvements accomplished through a Public Works
Economic Development grant from the State of $1.8M.
• The implementation of the first year of the pavement management program made
possible by the aforementioned override.
• Water main improvement projects in the Birchmeadow area and the Walker's Brook
drive to Ash St. project.
• The water treatment plant advancing into design, the Sewer Inflow and Infiltration work
continuing, the storm water management program and implementation of the water
conservation program.
• The Haverhill St. repaving.
• The final implementation with deference to the persistence of former Selectman Sally
Hoyt, of the West Street Heavy Vehicle exclusion.
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April 26, 2004
• An important item that needs further attention and progress is the longstanding issue of
development of containment facilities off 1-93 to protect our water supply.
Boards, Committees, and Commissions
The many issues facing the community resulted in the establishment of some new ad hoc
working committees and additional work for existing committees.
• The Board of Selectmen, on the recommendation of the Historical Committee,
established the West Street Historic district Committee to evaluate establishing Reading's
first Historic district.
• The charter Review committee is working on recommendations for potential revisions to
the charter.
• A working committee to work with RCTV on an operating agreement.
• The town counsel review committee which solicited widespread feedback via
questionnaire to evaluate town counsel services which resulted in the retention of current
counsel Bracket & Lucas.
• The portfolio of the Water and Sewer advisory Committee was amended to include storm
water management and is now the Water, Sewer and Storm water Management Advisory
Committee, If anyone wants to suggest an acronym for that mouthful, suggestions- are
welcome.
Community Planning and Development Issues
The staff and volunteers are engaged in a number of issues in addition to the aforementioned
deserving specific mention including:-
• The Master Plan updating project utilizing a state grant with NLA.PC.
• Participation in the MHD 1-93/128 interchange Study task force.
• Completion of Phase I of the Walker's Brook development and review of Phase II.
• Redevelopment proposal of the Johnson's Hardware parcel.
• The downtown revitalization effort resulting the unique and exciting "Shop the Block"
event during the Christmas holiday season.
Miscellaneous issues
A few other areas demanding of past and continuing. effort requiring further resolution include:
• The demand for additional recreation space particularly during the High school
construction era.
• The recreational uses of Memorial Park.
• The longstanding issue of siting a Skateboard Park.
• Maintenance and upgrading of Imagination Station.
These issues are the prominent tip of the iceberg and Reading's employees and government
volunteers are engaged in numerous other issues that occupy a lot of unseen activity lying below
- 3 - Annual Town Meeting
April 26, 2004
the surface that are vital to continued delivery of services and sustenance of the quality of life we
enjoy and expect to continue. Government exists only to serve the governed and we who serve,
elected, appointed or hired are obligated to fulfill that mission. My sense and hopefully yours is
that in Reading that mission is being fulfilled. The above list of activities hopefully illustrates
that it is
In 2002 when I addressed this body I spoke of the many positives we enjoy in this community
but warned of signs that we as a community are facing many of the problems society in general
is facing and the challenges a changing society can bring. I still believe we retain all the many
positives of fancily and village life I spoke of then but we have to be cognizant that changes may
affect our positive attributes and guard against their unnecessary erosion. Volunteers have been
a consistent strength of Reading and while we have seen interest wax and wane volunteers will
continue to be an essential part of the solution to the challenges facing Reading's future. I urge
every citizen to look around for a volunteer opportunity where they can contribute to our great
community. Finally I want to take a moment to acknowledge the great employees Reading has
been blessed with. In an environment that frequently is hostile and often for wages that are
below the private sector equivalent our public employees toil for the benefit of the community
and do a great job with the limited public resources available to them.
It has been a pleasure to serve this community and as I enter the fifteenth and likely final year as
Selectman I want thank the community for the many opportunities to serve and hope we all can
continue to keep the State of Reading good and continually improving.
ARTICLE 2 — James Francis; Chairman of the Finance Committee, presented a summary of the
results of the 2004 Reading Taxpayer Survey.
Slide 2
The idea for the ReadingTaxpayer survey came about in the summer of 2003 in the midst of a
number of brainstorming sessions held by the major boards. The purpose of the brainstorming
sessions was to come up with. long -range plans for the finances of the Town of Reading.
Because we did not want to do all of our thinking in a vacuum, it was decided that we would ask
the taxpayers for their opinions on some of our main topics of discussion.
Questionnaires were sent to all Reading homes in January along with the 2004 census. Residents
were asked to complete the 6 -part survey and include it in the same envelope with their census.
The response rate was impressive, as the Town Manager received more than 3400 survey
responses. FinCom and our own high school National Honor Society worked over the last 3
months to compile the results that I will present in a few minutes.
Slide 3
While the survey questions did not necessarily address the immediate needs of the Town, they —
gave us some insight into which way we lean on some critical issues. Questions 1 through 4
were "Yes/No" questions, and asked for taxpayers' thumbs up or down on the ideas you see on _
- 4 - Annual Town Meeting
April 26, 2004
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this slide. We wanted to hear how you feel about advertising on public venues, casino gambling,
the expansion of volunteerism to more areas of town, and whether or not the resident would like
to volunteer. There was also a space for the resident to include his or her contact information so
that they could begin volunteering right away. It is important to note that the Town Manager
received about 200 responses from new volunteers.
Question 5 asked the resident to prioritize departments for allocation of revenues, and question 6
was a free -form request for ideas on revenue enhancement and expense control. There were
hundreds of these responses, ranging in length from 1 sentence to 5 typed pages.
Slide 4
The results of Questions 1 through 4 are displayed on this slide. More than 42% of the 3400
surveyed were in favor of some sort of naming rights. About 18 % approve of Casino gambling
in Reading. 75% of you think that we should expand volunteerism to new areas of Town, and
about 18 % are willing to volunteer.
Slide 5
The next two slides summarize how our residents would. like to see revenues allocated across
departments. We asked those surveyed to apply a rank from 1 to 8 to prioritize the major
departments in the annual budget. The areas included were schools, public safety, public works,
human services, library, community development, recreation, and open space.
I have showed the results of this question in two ways. On this slide, you see a comparison of
the number of "number 1" rankings by department. Schools had a significantly higher incidence
of "numberl" rankings than the other areas, with 1409. Public Safety was second with 1011,
followed by Public Works with 674 and Human Services with 524. Library, Community
Development, Recreation, and Open Space were 5 through 8, with between 250 and 350 number
1 responses.
Slide 6
Another way to look at the rankings is by aggregate score of all the responses, in other words,
not just the "number 1's ", but all rankings combined and then compared across departments. In
this analysis, the difference in the scores for public safety and schools are only about. 2
percentage points of the overall point total, or 17% and 19 %, respectively. Public Works
accounted for about 14 %; Human services and Library were each at 12 %; Community
Development, Recreation, and Open Space were all between 8% and 9 %.
Slide 7
Question 6 was the essay portion of the Taxpayer Survey, where residents were asked for their
suggestions for revenue enhancement and expense control. We received hundreds of responses,
and I have included a few of the major themes here.
-5 - Annual Town Meeting
April 26, 2004
On the issue of revenue enhancement, many residents would like to see growth through business
expansion and commercial development. Quite a few favor the idea of selling naming rights and
advertising on some public facilities. Others would like to see more aggressive rentals of our
buildings and fields. On the expense side, residents would like to make sure that staffing levels
reflect current and future needs, and more than a few would like to eliminate special elections.
Several people responded that we need to maintain our buildings more effectively, which would
save the Town money in the long run.
Slide S
What can we conclude from all this? First of all, the taxpayers of the Town of Reading are not
shy. The overwhelming response to the survey proves that the residents of this town care very
deeply about where their tax dollars are spent, and they are more than willing to state their
opinion.
As we all expected, residents here place a high value on our schools and our safety, which are
each second to none.
The survey resulted in hundreds of new volunteers, who were willing to include their contact
information.
And finally, we can breathe a sigh of relief that 82% of the residents do not want casino
gambling here in Reading. So keep your plans for that weekend getaway to Connecticut.
Slide 9
This presentation would not have been possible without the efforts of the Reading Finance
Committee, who are sitting to my right. We also had help from Martha Moore and the Reading
Memorial High School National Honor Society. They are Amanda Barry, Brendan McEliney,
Katie Finigan, Christina Paquette, Christine Anglehart, Russell Michaud, and Howard Reith. To
these students, the Town is grateful for your contribution. And of course, we appreciate the
participation of the residents of the Town of Reading, who provided all the data for us to work
with and present here tonight.
ARTICLE 2 — Joseph Delaney, Town Engineer, gave a report on Storm Water Management:
Report to Town Meeting
National Pollutant Discharge Elimination System
Phase II Storm Water Regulations
The purpose of this report is to help familiarize Town Meeting members with a new set of
requirements, mandated by the United States Environmental Protection Agency (EPA), that the
Town must now comply with. The regulations are called the National Pollutant Discharge
Elimination System (NPDES) Phase II Storm Water Regulations. These regulations mandate a
number of activities that the Town must perform to ensure that storm water discharges from the
Town are not polluted.
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April 26, 2004
The stated purpose of this program is to "preserve, protect and improve the Nation's water
resources from polluted storm water runoff." The EPA has determined that rain water runoff
from urban areas is one of the largest remaining sources of pollution to the country's waterways.
As rain falls on urban areas it picks up pollutants from a variety of sources such as: pesticides
and fertilizers from lawn care activities; oil, antifreeze and other liquids from automotive uses;
and sediments from construction activities. Without adequate controls, these pollutants among
others can pass directly into lakes, streams and rivers. Locally, the areas of concern are the
Ipswich River, Aberjona River and the Saugus River watersheds.
The first phase of this program regulated communities with populations over 100,000. These
communities have been regulated since the early 1990's. Based on lessons learned from that
program, the regulations were extended to communities with populations between 10,000 and
100,000.
The EPA issued a general permit for these smaller communities on May 1, 2003. The Town of
Reading applied for coverage under this permit in July 2003 as required by the regulations. The
permit requires compliance with six minimum control measures and full compliance must be
achieved by May 1, 2008. The six minimum control measures are:
1. Public Education and Outreach — The Town must implement a public education program that
could include mailings to residents and industries, setting up a web page, press releases,
establishing school curriculum and many other activities. This report to Town Meeting, in
fact, serves as a public education effort.
2. Public Involvement and Participation — Public involvement activities could include
establishing a Storm Water Committee (which we have already done) and developing
volunteer activities such as stream cleanups, catch basin stenciling and the like.
3. Illicit Discharge Detection and Elimination — This program involves developing a system to
ensure that illegal discharges to the storm drain system are identified and removed. Illegal
discharges could include improperly routed sewer connections, dumping of oil into catch
basins, or other illegal dumping activities.
4. Construction Site Storm Water Runoff Control — The regulations require that erosion control
by -laws be enacted to prevent sediment -laden runoff from construction sites from entering
the Town's storm drain system. The Town currently does this through the Conservation
Commission.
5. Post - Construction Runoff Control — The regulations require that a program be developed to
reduce the amount of pollution associated with development projects. This includes the use
of best management practices (BMPs) such as detention basins, retention basins, water
quality treatment devices and infiltration systems. It also requires that these BMPs be
maintained appropriately to ensure their effectiveness.
6. Pollution Prevention /Good Housekeeping for Municipal Operations — An Operation and
Maintenance plan must be developed for municipal operations. Things to be considered as
- 7 - Annual Town Meeting
April 26, 2004
part of this plan are street sweeping, catch basin cleaning, drain line and ditch maintenance,
detention basin maintenance, household hazardous waste collections, used oil collection, etc.
The Town has developed a detailed Storm Water Pollution Prevention Plan that creates a road
map for attaining compliance with the regulations. Through the development of this plan, we
have learned that the Town currently conducts many of the activities required by the regulations.
We have also learned that a number of new programs will need to be developed and that these
programs will cost money.
The Water, Sewer and Storm Water Management Advisory Committee has been assigned the
task of overseeing the implementation of the Storm Water Program. The first priority of this
Committee, as set by the Board of Selectmen, is to evaluate and recommend a funding source
for this program. The primary funding alternatives being evaluated are the continued use of the
General Fund for all costs associated with the program or creating a Storm Water Enterprise
fund.
Over the next year or two, Town Meeting will likely be revisiting a number of these issues. The
establishment of new by -laws and new funding sources will be subject to Town Meeting review
and approval. And one of the commitments made in the Storm Water Pollution Prevention Plan
is to make an annual report to Town Meeting on the status of the program.
As I am sure you can see, this program presents a number of challenges for the Town of
Reading. The initial challenge involves developing a program to come into compliance with the
regulations within the existing framework of the Town. The development of new policies and
programs will put a strain.on already limited budgets and the physical aspects of operation and
maintenance will put additional strain on the workforce and equipment. Developing a financing
plan for this program may prove to be the biggest challenge of them all.
However, if the Town chooses not only to comply with the minimum standards but to embrace
the program, a number of opportunities will also be presented. Given the known vulnerabilities
of our water supply system and resources such as the Ipswich River, the Town may look to this
program as a vehicle to better protect and enhance those resources. Education programs in the
schools can help children become better environmental stewards later in life. Upgrades to our
drainage system can improve water quality, reduce the instances of flooding and help protect our
water supply. To realize these opportunities, a serious dedication needs to be made to the
program.
I look forward to working with Town Meeting in the future to keep this program on track.
ARTICLE 2 Victoria V. Yablonsky, Chairman of the Library Board of Trustees gave the
following report:
The Reading Public Library celebrated the 20"' anniversary of the move to its present location
with an overwhelming show of support from the community. More than 2000 people lined the
streets of Reading on March 13 to help break the Guinness Book of World Records record for
- 8 - Annual Town Meeting
April 26, 2004
the longest human conveyor belt. This community spirit is one of the reasons that the Reading
Public Library excels. in so many areas.
Numbers tell the story. Statistics for the past year show that the number of people who visited
the Library could have filled Gillette Stadium more than three times. These visits exceeded the
statewide average for library visits, the Northeast Massachusetts regional average, and the
average of towns across the state with populations between 15,000 and 25,000 people.
The per capita circulation of library materials from the Reading Public Library also exceeded the
statewide, northeast, and population group averages. Nearly three times the number of items
owned by the Library circulated last year, representing an increase of 3.2% over the previous
year. These high circulation figures reflect the fact that the number of people holding active
Reading Public Library cards could fill the Fleet Center to capacity -_ AND require a long waiting
line. But at least they'd have something to read while in line.
Reference questions kept the information services staff busy. RPL librarians received and
answered three times the number of questions as the statewide and northeast regional library
averages. Our staff members also offered more programs for adults, teens, and children than their
statewide and regional counterparts. In fact, the number of children who attended programs at
the library could have filled Boston's Symphony Hall more than 7 times.
These programs occur throughout the year. Here are some of the highlights:
♦ The Children's Summer Reading Program, Rainforest Reading, inspired over 1200 children
to read for a record of 20,249 hours. Participation in the program increased 6% over the
previous year, and the amount of reading increased 17 %. And, for more than 20 years in a
row, the Massachusetts Library Association honored the Reading Public Library, this time
with a first place award, for the `Best Summer Reading Program in the State." That trophy
was one of four first place nods received from the Massachusetts Library Association last
year.
♦ This was the second year of a Library Services and Technology Act grant to promote .early
childhood literacy. This grant helped the Children's Services Department to develop the
SmartStart literacy program and double the services and programs available to people with
children under 3 years of age.
♦ But it's not only the younger children who are reading. More than 200 teens joined the
Readers of the Rings Young Adult Summer Reading Program. And our 65 Volunteens
worked for nearly 900 hundred hours (885 hours) helping us manage the summer reading
crowds.
♦ The fourth annual Vehicle Day drew more than 800 people of all ages to the library last
summer. Many thanks .go to the town departments and residents who helped to make this
and many other library events possible.
♦ A smaller, but very special, event was held on June 20 and ended on June 21. Like the
bookstores, we opened our doors just before midnight to allow some thirty -two very excited
- 9 - Annual Town Meeting
April 26, 2004
(some costumed) patrons to be the first to check out the new Harry Potter title at the earliest
possible moment.
Many thanks go to the all of the library staff members who run these successful programs and
events. RPL staff members are leaders in their field. For example:
♦ Head of Children's Services Corinne Fisher was elected chair of the New England
Roundtable of Children's Librarians. She also served as a mentor at YSLead, the
Massachusetts Youth Services Leadership Training Conference held last summer.
♦ Children's Services Librarian Rachel Baumgartner and librarian Lorraine Barry were
selected to be participants in the YSLead Training Conference.
♦ Esme Green, Head of Information Services, was one of only 5 librarians from Massachusetts
selected to attend the New England Library Leadership Symposium held in Rhode Island last
summer.
♦ Allison DaSilva was just nominated to be the Massachusetts Library Association's first
annual Outstanding Paraprofessional Advocate of the Year award.
Kimberly Lynn was one of 5 library directors asked to speak at the New England Library
Association conference last fall. She was also elected to a second term on the executive
board of the North Of Boston Library Exchange.
The library staff is in excellent company. The Friends of the Reading Public Library and the
Reading Public Library Foundation continue to work exceedingly hard on fundraising to help
- -- support and enhance the library and its programs. The annual spring House Tour, one of the
Friends' most successful yearly events, is coming up on May 16th. Special thanks are due to
both of these groups, as well as to the other local groups and organizations, and individual
community members, who contribute in many ways to support the library. In other words, thank
you for everything from media shelving to magazines to museum passes to toilet seats! Yes,
even a new toilet seat was donated this year!
We are also extremely grateful to the town for the successful Proposition 2 %Z override vote for
FY04. This allowed the library to maintain the hours and level of service provided during the
previous year. BUT, perhaps, like me, you've gone to the library on a Wednesday night or a
Thursday morning to pick up a book or use the copy machine, and been surprised to find it was
closed. Though it's open 56 hours a week, that's a 16.4% reduction in hours from the all time
high of 67 hours open 4 years ago. There are no Sunday hours at all and no Saturday hours in
the summer.
Finally, the library is just beginning to work on its 2006 -2010 Strategic Plan. A current plan is
the best way to ensure that the Reading Public Library continues to be a quality library
responsive to the needs of the community. Please let us know if you are interested in charting
the course and growth of library services for the benefit of the community. This is one
investment that will bring tremendous returns..
Thank you.
-10- Annual Town Meeting
April 26, 2004
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ARTICLE 2 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 2.
ARTICLE 3 - On motion by William C. Brown, Precinct 8, it was moved that a Committee be
established to plan a proper rededication of Reading Memorial High School to be held June 9,
2007.
Said committee shall be made up of the following, a member of the Board of Selectmen or
designee, a member of the School Committee or designee, a member of American Legion Post
62, Disabled American Veterans Chapter 37, Veterans of Foreign Wars 685, a member of RMES
class of 2007 and three citizens to be named by the moderator.
On motion by John D. Wood, Precinct 2, it was moved to indefinitely postpone this instructional
motion.
Motion to indefinitely postpone carried.
ARTICLE 3 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to table the subject matter of Article 3.
ARTICLE 4 — On motion by Joseph G. Duffy, member of the Board of Selectmen, it was
moved to table the subject matter of Article 4.
- 12 - Annual Town Meeting
April 26, 2004
ARTICLE 5 — On motion by Joseph G. Duffy, 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:
> 1 1991 ELGIN PELICAN SWEEPER
> 1 1984 BADGER CHIPPER
➢ 1 1988 FORD CROWN VIC CAR (Fire)
➢ 1 1990 FORD CROWN VICTORIA CAR (Highway)
> 1 1995 FORD CROWN VICTORIA CAR (Police Cruiser)
> 1 1998 FORD CROWN VICTORIA CAR (Police Cruiser)
ARTICLE 6 — On motion by Gail F. Wood, member of the Board of Selectmen, it was voted
that the subject matter of Article 6 be indefinitely postponed.
ARTICLE 7 — On motion by Catherine Martin, member of the Finance Committee, it was voted
to amend the following votes taken under Article 13 of the Warrant of the Annual Town Meeting
of April 28, 2003, as amended by Article 5 of the Subsequent Town Meeting of November 10,
2003, relating to the Fiscal Year 2004 municipal budget, and that the Town will transfer from
available funds and appropriate the following sums for the operation of the Town and its
government:
Line
Acclt
Description
W
0
Comment
137.
511
Health Expenses
$1,700
Vectolex for West Nile
Virus Deterrent
B17
041
Law — Labor Counsel
$2,000
C3
022
Finance Reserve Fund
$25,000
Leaves balance of
over $60,000
C7
045
Finance — Technology
Expenses
$22,500
Telephones
C7
045
Finance Technology
$9,000
Server/Software
C9
042
Finance — HR Expenses
$5,000
Advertising
C12
035
Finance Salaries
$9,000
F1
111
Police Salaries
$6,000
Training
F1
111
Police Salaries
$10,171
Frugal Fannies
bankruptcy owed for
Police details
F2
111
Police Expenses
$6,000
Training
F6
121
Fire Expenses
$16,000
Grant match for air
packs
F6
121
Fire Ex enses
$8,900
Fuel, Clothing
G3
302
DPW — Engineering Salaries
$22,246
G4
302
DPW — Engineering Expenses
$1,000
Contract Services
G6
303
DPW — Highway Expenses
$88,000
Road Repair/ Equip.
Maintenance
G7
313
...
DPW — Parks & Forest
Forestry
Salaries
$30,965
- 13 - Annual Town Meeting
April 26, 2004
Line
I Acclt
Description,
U+
0
Comment
G10
319
DPW- Recreation Expenses
$23,280
School Facility
Rental/Custodial
G13
325
DPW — Street Lighting
$25,000
Energy Savings
G141
312
DPW — Rubbish Collection
$13,500
Collection Expense
G151
321
DPW — Snow & Ice Control
$116,000
Snow through 3-15-04
H3
206
Building Maintenance Salaries
$15,000
O.T. for Town buildings
H4
206
-Expenses
Building Maintenance
$20,000
Energy costs
i
Minuteman Vocational School
$17,775
Tuition for School Choice
L7
131
Police and Fire Indemnification
$40,000
Reserves
TOTAL,
$413,826
$120,211
I
$293,615 from Free
Cash
M2
400
DPW — Water Expenses
$5,000
Contr. Services - Main
$5,000 from Water
Reserves
M2
405
DPW — Water Expenses
$40,000
Contr. Services - Equip.
$40,000 from Water
Reserves
M2
405
DPW — Water Capital
$11,244
Ammonia System
$11,244 from Water
Reserves
TOTAL
$56,244
$56,211 from Water
Reserves
ARTICLE 8 — On motion by Camille W. Anthony, member of the Board of Selectmen, it was
moved to approve the FY 2005 — FY 2014 Capital Improvements Program dated April 26, 2004,
as provided for in Section 7-7 of the Reading Home Rule Charter.
On motion by Mary Ellen OWeill, Precinct 6, it was moved to postpone Article 8 until April 29..
Motion to postpone carried.
ARTICLE 9A — On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to establish a revolving fund under Chapter 44, Section 53EV2of the General Laws 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 $3,000 during Fiscal Year 2005 which may be made from such fund.
ARTICLE 911 — On motion by Richard W. Schubert, member of the Board of Selectmen, it was
voted to establish a revolving fund under Chapter 44, Section 53EV2of the General Laws 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 2005 which may be made from such
fund.
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April 26, 2004
ARTICLE 9C — On motion by Richard W. Schubert, member of the Board of Selectmen; it was
voted to establish a revolving fund under Chapter 44, Section 53E %Z of the General Laws for the
purpose of using all or part of the receipts generated from the issuance of Building, Plumbing or
Gas, and Wiring permits for the Walkers Brook Crossing Development to pay the costs of
oversight and inspection of the development on that site, and authorize expenditures
administered by the Town Manager, not to exceed $90,000 during Fiscal Year 2005 which may
be made from such fund.
ARTICLE 10 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted that the subject matter of Article 10 be indefinitely postponed.
ARTICLE 11— On motion by George V. Hines, Chairman of the Board of Selectmen, it was
Voted to amend the General Bylaws of the Town of Reading by approving the regulation of the
keeping, storing, using, manufacturing, selling, handling, and disposing of crude petroleum or
any crude petroleum products within the Town of Reading; or take any action relative thereto.
(note — cross out and underlined language is changed from the initial warrant article, and
deletions /additions will be made in the final bylaw once approved)
5.17 Storing and Handling of Crude Petroleum or any Crude Petroleum
Products
5.17.1 Authority
The Town of Reading adopts this Bylaw under its home rule powers; its constitutional
.police powers to protect, the public health, safety, and welfare; and under Section 21 of Chapter
40 of the General Laws, which provides that a town may make bylaws that are conducive to its
welfare. In addition, Section 9 of Chapter 148 of the General Laws authorizes the Town to adopt
and enforce .a bylaw for the keeping, storing, using, manufacturing, selling, handling, or
disposing of crude petroleum or any of its products, not inconsistent with the rules of the
Massachusetts Board of Fire Prevention published at 527 Code of Mass. Regulations.
5.17.2 Findings and Purpose
Environmental contamination can bankrupt site owners, lower or destroy land values,
drive out residents and industry, depress the local economy, and endanger public health.
Most petroleum products do not readily decompose into harmless components but remain
in dangerous forms and penetrate into and throughout the environment by moving through water,
soil, and fissures in.the bedrock.
The groundwater of the Town is the sole source of its existing drinking water supply. The
Town obtains its public water supply from nine wells located in a sand/gravel aquifer within the
Ipswich River Basin. These Town wells are shallow, ranging from 30 to 70 feet in depth. Eight
of the wells are located in the One Hundred -Acre Meadow.
.Annual Town Meeting
April 26, 2004
Releases of crude petroleum or any of its products onto the ground and surface waters
have adversely affected and repeatedly threaten the quality of the groundwater supplies and
related surface water resources, posing substantial public health and safety hazards.
Unless stricter preventive measures are adopted to manage the storage, use, and
generation of crude petroleum and its products and prohibit the release of these substances within
the Town, further releases of such materials will predictably occur, and with greater frequency
and degree of hazard by reason of increasing construction, commercial and industrial
development, population, and vehicular traffic in the Town and surrounding areas. In addition,
the cleanup of releases requires expeditious measures to avoid widespread environmental
damage to the resources of the Town of Reading.
5.17.3 Definitions
For the purposes of this Bylaw, the following words and phrases shall have the meanings
given:
5.17.3.1 Crude petroleum or any of its rop ducts: This term shall mean one or more of the
following:
a. Crude oil or any fraction thereof, which is liquid at standard conditions of
temperature and pressure (60 °F and 14.7 lbs. per square inch absolute); and
b. All liquid hydrocarbon products including, but not limited to, gasoline of any
grade, motor fuels, kerosene, home heating oils, diesel fuels.
5.17.3:2 Handle: To use, to deal with, to act on, to sell, to manufacture, or to dispose of
something.
5.17.3.3 O erator: The individual who has effective control of a business operation, an
organization (for profit or non - profit), or local office of a governmental agency.
5.17.3.4 Owner: The individual who has legal ownership of a site. For the purpose of this
Bylaw, the Board of Selectmen shall be entitled to rely on the most current list of owners in the
records of the Reading Board of Assessors as providing sufficient evidence of ownership.
5.17.3.5 Release: The accidental or intentional spilling, leaking, pumping, discharging,
pouring, emitting, emptying, or dumping of crude petroleum or any of its products upon or into
any land, air, or waters of the Town of Reading. Release includes, without limitation, leakage of
crude petroleum or any of its products from failed or discarded containers or storage systems;
disposal of crude petroleum or any of its products into any sewage disposal system, dry well,
catch basin, unapproved waste landfill; and any other discharge of crude petroleum or any of its
products into the environment.
5.17.3.6 Site: Any real estate, personal property, facility, building, structure, installation,
equipment, pipe, or pipeline including any pipe into a storm drain, sewer, or treatment works,
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April 26, 2004
well, pit, pond, lagoon, impoundment,.ditch, tank, landfill, storage container, or any other place
or area to, from, or at which crude petroleum or any of its products have been stored, used,
manufactured, sold, handled, disposed, or discharged.
5.17.3.7 Store: To keep or contain crude petroleum or any of its products in such a manner as
not to constitute handling or otherwise use or disposal of such substances or materials.
Notwithstanding the aforesaid, the term "store" shall not include the maintaining of crude
petroleum or any of its products that are in transit.
5.17.3.8 Threat of Release: A substantial likelihood of a release that requires action to
prevent or mitigate an imminent threat to the life, health, or safety of the public that may result
from such release:
5.17.4 Fire Department Permits under 527 Code of Mass. Regulations
The Reading Fire Department shall promulgate regulations for the issuance and renewal
of permits authorized by Title 527 Code of Mass. Regulations, Section 9. Said regulations shall
include, but not be limited to, a yearly issuance date for said permits and a reasonable fee
therefore as provided under Section 10A of Chapter 148 of the General Laws. If any provision
of said regulations conflict with State law, the State law shall control.
The Reading Fire Department may condition any permit and, according to law, may enter
upon any site at any reasonable time to inspect for compliance of the permit conditions. Upon
request of the Fire Department, the owner, an individual identified on a permit, or operator of
any site shall furnish all information required to monitor compliance with the conditions of said
permit and the regulations promulgated under this Bylaw.
5.17.5 Local Permit: Administering Body Promulgation of Regulations
5.17.5.1 Administration: The Board of Selectmen of the Town of Reading shall administer
this Bylaw and the regulations promulgated under this Bylaw for said local permits.
5.17.5.2 Regulation Promulgation:
The Board of Selectmen shall promulgate regulations to effect the purposes of this Bylaw
in accordance with Section 4.11 of the Bylaws of the Town of Reading. Failure by the Board of
Selectmen to promulgate such regulations or a legal declaration of their invalidity. by a court of
law shall not act to suspend or invalidate the effect of this Bylaw. .
The regulations so adopted are intended to be in addition to and more restrictive than the
provisions of 527 Code of Mass. Regs. and consistent with the provisions of relevant Federal and
State law that concern the handling and storage of hazardous materials and the protection of
public water supplies. If any provision of said regulations conflict with State law, the State law
shall control. —
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April 26, 2004
The regulations shall specify the petroleum products and quantities thereof that shall be
regulated by a local permit authorized under this Bylaw, as further described in Section 5.17.5 of
this Bylaw, and the fees for the issuance, renewal, and amendment of such a local permit.
As part of its regulations, the Board of Selectmen shall require an owner and/or operator
of a business, home occupation, or industry or the operator of an organization or governmental
agency located in the Town of Reading that handles or stores crude petroleum or any of its
products of a certain quantity or that is located in an area of Town that presents a high risk to
groundwater or surface water should a release of any amount occur, as those criteria are defined
by regulation, to register with the Board of Selectmen. Such registration shall include an
inventory, the location of the site, the name of the owner and operator, and any other requirement
deemed necessary by the Board of Selectmen in its regulations.
5.17.6 Local Permit: Issuance, Renewal and Amendment
5.17.6.1 Issuance of a Local Permit:
After reviewing the registiation information mandated by its regulations, the Board of
Selectmen may require an owner and/or operator of a business, home occupation, or industry or
the operator of an organization * or governmental agency located in the Town of Reading that
handles or stores crude petroleum or any of its products of a certain quantity or that is located in
an area of Town that presents a high risk to groundwater or surface water should a release of any
amount occur, as those criteria are defined by regulation, to obtain a local permit from the Board
of Selectmen.
Landowners subject to the licensing requirements of Section 13 of Chapter 148 of the
General Laws and/or the occupant of said land licensed under Section 13 shall be required to
obtain a local pen-nit authorized under this Bylaw in addition to said license.
The Board of Selectmen shall only issue a local pen-nit under this Bylaw after a public
hearing, duly noticed by publication, seven days before the scheduled hearing, in a newspaper of
general circulation in Reading and by mailing, certified mail return receipt, notice of the time
and place of the hearing to all owners of property abutting said site within 300 feet as certified by
the Assessor's Office in Reading and adjoining municipalities. The cost of such notice shall be
borne by the applicant.
All applicants for a local permit under this Bylaw shall submit with the local permit
application a contingency plan showing where and how all regulated crude petroleum or any of
its products shall be handled and stored and the methods for containing any release. The Board
of Selectmen shall only issue or renew a local permit under this Bylaw where the Board
determines that the contingency plan provides adequate measures to prevent and control releases
to shall ensure that any release will be tetaffy eei#aiaed and not rea any surface water or
groundwater or flow into any onsite sewage disposal system, sewer system, catch basin, dry well,
stormwater management structure, or drainage structure. The Board of Selectmen shall require
the approval of the Reading Fire Department of any contingency plan and require the
contingency plan to be posted at a location acceptable to the Reading Fire Department. The
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April 26, 2004
Board of Selectmen by regulation may require certain precautions to be included in every
contingency plan, including but not limited to proper and adequate maintenance of containment
and emergency equipment and the identification of the person responsible for implementing the
contingency plan and reporting any release.
The Board of Selectmen may issue a local permit under this Bylaw for no more than five
years or for a shorter time where the Board of Selectmen decides that a shorter time is
appropriate in the best interests of the Town. Any such local permit granted hereunder shall be
subject to such conditions and restrictions as may be prescribed by the Board of Selectmen,
which may include a condition that the local permit be exercised to such extent and within such
period as may be fixed by the Board of Selectmen.
5.17.6.2 Renewal of a Local Permit Authorized under this Bylaw:
A local permit issued by the Board of Selectmen under the provisions of this Bylaw may
be renewed for additional periods of five years or for an addition period of less than five years
where the Board of Selectmen decide that such shorter time is appropriate in the best interests of
the Town. Upon renewal, the Board of Selectmen may impose restrictions or conditions in
addition to or in lieu of those imposed in the original local permit.
A local permit authorized under this Bylaw will expire if not renewed before the end of
the initial time period. It shall be the responsibility of the owner and/or the operator to apply for
such local permit renewal at least sixty (60) days in advance of the expiration date of the local
permit.
The Board of Selectmen shall not renew any local permit authorized under this Bylaw
without a site inspection by the Reading Fire Department or other qualified person as may be
designated by the Board of Selectmen.
The Board of Selectmen may, but need not, conduct a public hearing upon the application
for renewal and may issue at a public meeting such renewal local permit upon receipt of the
application fee, a completed renewal application form designated by the Board of Selectmen, a
complete inventory, a satisfactory contingency plan, and a favorable site inspection. The above
stated renewal requirements are a minimum and the Board of Selectmen may require more
extensive information in its regulations.
5.17.6.3 Amendment of a Local Permit Authorized under this Bylaw:
Any local permit issued under this Bylaw must be amended where the owner or operator
wishes to change any parameter, without enlargement, upon which the local permit was issued.
Expansion of the originally permitted activity requires an application for a new local permit.
The Board of Selectmen by regulation shall'set the minimal information that must be
submitted upon application for an amended local permit and, after a site inspection and public
hearing duly noticed as provided in Section 5.17.5.1, the Board may amend such local permit.
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April 26, 2004
5.17.6.4 Abandonment of Use under Local Permit:
The Board of Selectmen may, by regulation, determine the process that must be followed
by the holder of the local permit where the site ceases to be used for the keeping, storing, using,
manufacturing, selling, handling, or disposing of crude petroleum or any of its products.
Nothing in such regulations shall be interpreted to be a revocation of a license granted
under Section 13 of Chapter 148 of the General Laws. In addition, State law shall control the
abandonment of above ground or below ground storage tanks.
5.17.7 Enforcement of Local Permit Authorized under this Bvlaw
5.17.7.1 Prohibitions:
Releasing any crude petroleum or any of its products upon the ground; into any surface or
groundwater; or into any sewage disposal system, sewer system, catch basin, dry well,
stormwater management structure, or drainage structure within the Town of Reading is
prohibited.
Maintaining a site that constitutes a threat of release of crude petroleum or any of its
products is prohibited.
Owning or operating a business, home occupation, or industry or operating an
organization or governmental agency that handles or stores crude petroleum or any of its
products without registering it or obtaining the applicable local permits as shall be specified in
this Bylaw or the regulations promulgated thereunder is prohibited.
5.17.7.2 Enforcement:
The Board of Selectmen and the Reading Fire Department shall enforce the provisions of
this Bylaw. A member of the Board of Selectmen, the Reading Fire Department, or their
designee, may enter, according to law, upon any site at any reasonable time to inspect for
compliance and threat of release.
Upon request of the Fire Department, the owner, an individual identified on a local
permit, or operator of any site shall famish all information required to monitor compliance with
this Bylaw, the regulations promulgated hereunder, and the conditions of said local permit.
Nothing herein shall preclude the Reading Fire Department from pressure test requiring
testing for or tightness of underground storage facilities in accordance with 257 CMR 9 R)f
tanks or testing of samples of soil, wastewater, groundwater, or other material from
the site. All expenses associated with the required collecting and testing shall be borne by the
owner or operator.
All records pertaining to storage, removal, and disposal of crude petroleum or any of its
products shall be retained for no less than five years by the owner or operator and such records
shall be made available for review by the Board of Selectmen upon request.
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April 26, 2004
5.17.7.3 Violation Notices and Orders:
The Board of Selectmen and the Reading Fire Department are authorized to issue notices
of violation, cease and desist orders, and other enforcement orders to compel compliance with
this Bylaw, the regulations promulgated thereunder, and the conditions of any local permit issued
by the Board of Selectmen as the Board of Selectmen or the Fire Department deems necessary
and appropriate.
The Board of Selectmen or the Reading Fire Department shall give written notice of any
violation to the operator and owner of the site. Such written notice shall specify the nature of the
violation; any corrective measures that must be undertaken, including containment and cleanup
of discharged materials and sampling and analysis before, during, and after cleanup; any
preventive measure required for avoiding future violations, including long-term monitoring; and
a time for compliance.
Any requirements specified in a violation notice or an order shall be reasonable in
relation to the public health hazard involved and the difficulty of compliance, but shall not be
less than required under Federal or State law.
The cost of containment and cleanup shall be borne by the owner and/or operator of the
site. Any charges that the Town incurs in any cleanup process shall be borne by the owner
and/or operator of the site and shall be collectable as a charge owed the Town in accordance with
Section 58 of Chapter 40 of the General Laws.
5.17.7.4 Penalties:
The Board of Selectmen may suspend, modify, or revoke a local permit issued under this
Bylaw for due cause, which shall include but not be limited to failure to comply with any section
of this Bylaw, failure to perform the conditions set forth in the approved contingency plan, or
violation of any condition of the local pen-nit.
Any person who violates any section of this Bylaw shall be fined as provided in Section
1.5 of the Bylaws of the Town of Reading. Each day that an individual failures to comply with
an order of the Fire Department under this Bylaw shall constitute a separate violation.
In addition to any other means of enforcement, the provisions of this Bylaw may be
enforced by the non-criminal disposition procedure in accordance with the provisions of Section
5.11 of these Bylaws and of Section 21D of Chapter 40 of the General Laws. For the purposes
of such non-criminal disposition, the term "enforcing person" shall mean any member of the
Reading Fire Department. Further, the enforcing person may enter onto any property and in any
building thereon for the purpose of inspecting or investigating any violation of this Bylaw or
enforcing the same, except no dwelling unit shall be entered without the consent of the resident
or other person authorized by law to give such consent, or m' accordance with the constitution
and laws of the United States and the Commonwealth.
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April 26, 2004
Thank you for the opportunity to speak. My name is Mary Williams and I own the Mobil
at 178 Main Street. I have lived in Reading for almost 20 years. Many of you may remember me
from my School Committee days or from some of the other committees that I have served on in
town.
While I cannot minimize the concerns that the town has regarding the proper handling of
petroleum products, I must speak to a variety of issues that concern me with the wording of this
particular bylaw. On the surface this law, as written, might look like a great idea —just what
Reading needs -- but all of you need to look behind the curtain.
I don't think there is any business in this town that has more layers of regulation,
licenses, permits or fees than the gas station business. And now you are about to vote on another
layer, which will give the Board of Selectman an enormous amount of power over the ability for
me and others to do business in this town.
Hopefully, you have had an opportunity to read the article and notice the little nuances
contained in it.
PERMITTING FEES. As a small station owner I must follow state and federal regulations
governing fuel. I must file and pay for at least 8 different permits. In the instance of tobacco and
fuel, the requirement is doubled as I must pay both the State of Massachusetts as well as the
town of Reading for the ability to sell tobacco and fuel.
This bylaw specifically speaks to two different permits — one for the Fire Department
currently in force where they derive their authority from the state -- and the other the new one
that the Board of Selectman are asking for authority to regulate the fuel business.
Section 5.17.4 of the bylaw before you, speaks to the current Fire Dept permit which
specifically states that the permit fee "MUST BE REASONABLE ". No where in this
document is there any mention that the cost of the Board of Selectman's permit should also be
reasonable. In addition to the permit (as we know permits are never free) 5.17.6.2 also speaks to
the application fee when seeking a permit renewal.
There are at least four references to what I call "the blank check" requirement meaning that
the Board of Selectman and/or the Fire Department after the fact can add "any other
requirement" 5.17.5.2 "conditions and restrictions as prescribed" 5.17.6.2 and "more extensive
info:
Basically skies the limit in any request that can be made and no where in this document does
it say that there has to be a reason or just cause for their requests. Basically the Selectman can
add any new and/or revised requirements to an approved permit under the constant threat of
NON RENEWAL.
It is conceivable that I could be in full compliance of not only all the State and Federal
Regulations as well as Reading's and still be denied a permit renewal based on the blank checks
listed in this document.
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April 26, 2004
Under Section 5.17.7.2 — ENFORCEMENT any member of the Board of Selectman can
come on my property and into my building and inspect for compliance or threat of release. Now
I have nothing against the current or past members but #1 Board members change as do their
personalities and #2 as smart as our current Board is which one do you suppose has the expertise
in this field to knowledgeably inspect my business operation?
In this same section the Fire Department can require testing — those listed in the section
are extremely expensive and is some cases as not instantly available if deemed necessary. What
if these requested tests have already been completed? Should the Fire Department be able to
request the second opinion — again without — any required show of cause?
Having said all that, the most ONEROUS part of this bylaw is the potential .ANNUAL
public hearing that gives abutters as well as the general public the opportunity to voice concerns
that could shutter my business.
How many times have we heard the story about the old pig farm in the country that
suddenly finds itself surrounded by new and expensive houses with homeowners that don't like
what happens when the wind blows? Section 5.17.6.1 creates this situation in Reading.
Not one business in this town that I know of is subjected every year to the potential of going
out of business. -
Let me put it differently. The investment in my business is comparable to any one of _
your homes.
Would you have purchased a home in Reading if you knew that (1) Gail Woods could come
in to your home any time she wanted to inspect it and determine that you need a new heating
system or move out?
Would you have signed your P &S knowing that every year your neighbors could discuss in
public whether you are a deserving neighbor who can remain in the neighborhood — or not.
Would you have moved into Reading knowing that at any time the Selectman or Fire
Department could force you to test your oil tank, gas lines, electric panel and then have you do it
again and again?
And finally, .if you moved in to this town with none of these RESTRICTIONS or regulations
and suddenly the town decided to mandate them would you quietly accept it or would you — as I
am tonight — ask that this bylaw go back to the drawing board and be reworked?
I hope you understand that this is a precedent setting law folks. I respectfully request that
you think long and hard before authorizing this move.
On motion by James B. Francis, Precinct 6, it was moved to amend Article 11 by adding "but not
less than 3 years" after second five years in paragraph 5.17.6.2.
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April 26, 2004
Motion to amend did not carry.
On motion by James A. Keigley, Precinct 6, it was moved to amend Article 11 by:
In 1St paragraph, Section 5.17.4 - delete "yearly", after the phrase "issuance date", add "for 5
years periods".
Last paragraph, Section 5.17.6.1 - delete "no more than 5 years or for a shorter time," and
replacing it with "5 years",
1st paragraph, Section 5.17.6.2 - delete "or for an addition period of less than 5 years".
Motion to amend did not carry.
On motion by Michael F. Slezak, Precinct 6, it was voted to move the question.
2/3 vote required
120 voted in the affirmative
9 voted in the negative
Counted Vote
79 voted in the affirmative
57 voted in the negative
Original motion carried.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted to adjourn
that this Annual Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial
High School, on Thursday, April 29, 2004.
Meeting adjourned at 11:05 p.m.
164 Town Meeting Members were present.
A true copy. Attest: �Chyery�. Johns n
To Clerk
C
- 24 - Annual Town Meeting
April 26, 2004
ANNUAL TOWN MEETING
Reading Memorial High School April 29, 2004
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:38 p.m., there being a
quorum present.
The Invocation was given by Anthony L. Rickley, followed by the Pledge of Allegiance to the
Flag.
Before we begin, the Moderator would like to give a brief explanation as to the purposes and
mechanics of a "Move for Reconsideration," since that is what we will be starting with tonight,
and I have had several members ask questions about it over the weekend.
Generally, once we have disposed of a motion, either for or against, that is the end of the issue,
for the remainder of the meeting. There is an exception, however. When a "Motion for
Reconsideration" is made, the original motion, although already voted on, may possibly come
back before Town Meeting.
There are several rules and restrictions involved, however. First, the motion to reconsider can
only be made by a person who "voted on the prevailing side" the first time around. In other
w9rds, if a motion was voted through successfully, only a person who voted in favor of it can
,move for reconsideration. Conversely, if a motion failed, only a person who voted against it can
move for reconsideration. The logic behind this is that reconsideration is to be used for "second
thoughts, not second chances." In other words, if a person who was originally happy with the
outcome now feels that further discussion is warranted, he or she can "move for
reconsideration."
There are further restrictions. The motion for reconsideration. can only be made in two ways.
First, it must be made at the session the original vote was taken, but the vote on reconsideration
itself cannot be brought up until the next session. There is another way. If no one makes the .
reconsideration motion that evening, a member must file with the Town Clerk, his or her
intention to do so, within 24 hours of the vote. It would then come up at the next meeting. The
purpose behind the delay is to give members, and non - members alike some sort of notification
that an issue already dealt with, might come back for a re -vote. • If reconsideration is not moved
in either of these ways, the issue cannot come up again during the meeting.
On Wednesday afternoon, a motion for reconsideration was made by a member.who had voted
on the prevailing side — or in this case — a vote' against the motion under Article 11. If the motion
had not been made, we would not be allowed to bring back the business of Article 11. Because
the motion for reconsideration was made, Article 11 might possibly come back to this body for a
second vote.
This is the way we will proceed. We will first discuss the merits of reconsideration only. We
have already discussed for more than 2 hours, the merits of Article 11, and until such time as it is -
back before this body, we will stick to the issue of whether or not we should reconsider. If the
motion to reconsider should fail, that is the end of the issue and we will continue where we left
- 1 - Annual Town Meeting
-- April 29, 2004
off. If reconsideration should carry — it needs a 2/3 vote, by the way — we will then bring the
original motion under Article 11 back before Town Meeting, and all debates on the issue will be
allowed.
ARTICLE 11- On motion by Stephen Crook, Precinct 3, it was moved to reconsider Article 11.
ARTICLE 11 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to table reconsideration motion.
ARTICLE 8 — On motion by Camille W. Anthony, member of the Board of Selectmen, it was
moved to remove Article 8 from the table.
ARTICLE 8 — On motion by Camille W. Anthony, member of the Board of Selectmen, it was
voted as amended to approve the FY 2005 — FY 2014 Capital Improvements Program dated
April 26, 2004, as provided for in Section 7-7 of the Reading Home Rule Charter.
ARTICLE 8 - Catherine L. Martin, Precinct 3, moved to amend Article 8 by including $20,000
for Hunt Park playground for FY 05 (under PW-P-004).
Motion carried.
ARTICLE 19 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to take Article 19 out of order.
On motion by James B. Francis, Precinct 6, it was moved that the Town raise by borrowing, or
from the tax levy, or transfer from available funds, and appropriate the sum of
for the operation of the Town and its Government for Fiscal Year 2005 beginning July 1 )* 2004.
ARTICLE 19 A - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented in Line Items Al and A2 (Accounting
Department):
$117,608
to be provided as follows:
Lines Al and A2 — from property taxes, State aid and non-property tax local receipts
ARTICLE 19 B - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2001 Budget as presented in Lino Items B26 and B27 (Community
Services Department):
$1,444,202
- 2 - Annual Town Meeting
April 29, 2004
to be provided as follows:
Lines B26 and B27 — from property taxes, State aid and non - property tax local receipts
ARTICLE 19 C - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented in Line Items C12 and C13 (Finance
Department):
$ 939,633
to be provided as follows:
Lines C12 and C13 — from property taxes, State aid and non - property tax local receipts
ARTICLE 19 D - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented in Line Items D1 and D2 (Library
Department):
$ 905,074
to be provided as follows:
Lines D 1 and D2 — from property taxes, State aid and non - property tax local receipts
ARTICLE 19 D - On motion by Ronald M. Daddario, Precinct 6, it was moved to increase Dl by
$10,000 for Sunday Library hours.
Motion to amend did not carrv.
ARTICLE 19 E - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented in Line Items E9 and E10 (Public Safety
Department):
$ 6,559,149
to be provided as follows:
Lines E9 and El — from property taxes, State aid and non - property tax local receipts
ARTICLE 19 F - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Items F11 and F12, and F 13,
F14, F15, F16, and F 17 (Public Works Department):
$ 3,869,514
- 3 - Annual Town Meeting
April 29, 2004
to be provided as follows:
$107,256 of Line F7 from the Reading Ice Arena Authority,
$47,737 of Line F17 from Cemetery Sale of Lots, with the remainder of Line Items F11 and F12,
and F 13, F14, F15, F16, and F 17 from property taxes, State aid and non - property tax local
receipts
ARTICLE 19 G - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Items Gl through G4 (Building
Maintenance):
$3,445,066
to be provided as follows:
Lines Gl through G4 - from property taxes, State aid and non - property tax local receipts
ARTICLE 19 H - On motion by Harvey J. Dahl, Precinct 7, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Item H (School Department):
$ 27,921,916
to be provided as follows:
Line H — from property taxes, State aid and non - property tax local receipts
ARTICLE 19 H - On motion by Douglas R. Cowell, Precinct 7, it was moved to reduce Line
item H by $85,000.
Motion to amend does not carry.
ARTICLE 19 H - On motion by Michael F. Slezak, Precinct 6, it was voted to move the question
on the amendment of Item 19H.
2/3 vote required
113 voted in the affirmative
16 voted in the negative
ARTICLE 19 I - On motion by Harvey J. Dahl, Precinct 7, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Item I (Vocational Schools):
$ 214,650
to be provided as follows:
Line I — from property taxes, State aid and non - property tax local receipts
- 4 - Annual Town Meeting
April 29, 2004
ARTICLE 19 J - On motion by James B. Francis, Precinct 6, it was voted to approve and _
appropriate the proposed FY 2005 Budget as presented for Line Items J1 through Jl 1 (Debt I
Service and Capital):
$ 7,547,640
to be provided as follows:
$ 300,000 of Line J1 from Sale of Real Estate, with the remainder of Lines J1 through Jl 1 - from
property taxes, State aid and non - property tax local receipts
ARTICLE 19 K - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Item K8 (Employee Benefits):
$ 8,044,049
to be provided as follows:
$ 350,000 of Line Kl from Free Cash
$94,674 of Line K8 from Overlay Surplus, and the remainder of Lines Kl through K8 from
property taxes, State aid and non - property tax local receipts
ARTICLE 19 L - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Item L1 (Stabilization Fund):
$100,000
to be provided as follows:
Lines L1 - $100,000 from Free Cash
ARTICLE 19 M - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Items Ml through M4 (Water
Fund):
$2,909,732
to be provided as follows:
Lines M1 through M4 - from property taxes, State aid and non - property tax local receipts
ARTICLE 19 N - On motion by James B. Francis, Precinct 6, it was voted to approve and
appropriate the proposed FY 2005 Budget as presented for Line Items Nl through N4 (Sewer
Fund):
- 5 - Annual Town Meeting
April 29, 2004
to be provided as follows:
Lines N1 through N4 — from property taxes, State aid and non-property tax local receipts
ARTICLE 19 - On motion by Peter G. Coumounduros, Precinct 2, it was moved to reconsider
Item J (to increase it by $20,000 for playground).
ARTICLE 19 - On motion by Peter G. Coumounduros, Precinct 2, it was moved to withdraw
reconsideration of Article 19J.
ARTICLE 19 - On motion by James B. Francis, Precinct 6, it was voted to appropriate for the
FY 2005 Budget, exclusive of State and county assessments:
$68,085,056
Representing the total of all previously made motions under Article 19 as amended
Funds are to be provided as set forth in said previously made motions.
2/3 vote required
119 voted in the affirmative
I voted in the negative
On motion by Richard W. Schubert, Vice Chairman of the Board of Selectmen, 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 3, 2004.
Meeting adjourned at 11:18 p.m.
155 Town Meeting Members were present.
A true copy. Attest: SChe
heryl . Johnson
Town , lerk
- 6 - Annual Town Meeting
April 29, 2004
ANNUAL TOWN MEETING
Reading Memorial High School May 3, 2004
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:38 p.m., there being a
quorum present.
The Invocation was given by The Reverend Steven Notis of Old South United Methodist
Church, followed by the Pledge of Allegiance to the Flag.
ARTICLE 2 - RMLD report was given by Vinnie Cameron, Reading Municipal Light
Department's General Manager.
RMLD's 2003 Performance
Retail sales of 696,040,013 kWh were up 2% over 2002 sales of 681,918,393.
The RMLD's annual peak demand of 153.6 MW occurred on June 27 at 3:00 p.m. It was 2.65%
lower than the 2002 peak of 157.8 MW.
The RMLD performed the first phase of a Class Cost of Service Study, which resulted in
restructured electric rates in June.
The electric rates were levelized (removed seasonality).
The rates were decreased by approximately 8.6%.
The Purchased Power Adjustment credited $3.6 million to the ratepayers.
The second Phase of the Class Cost of Service Study will be completed in 2004.
The RMLD returned $3 million to the ratepayers in November.
The RMLD successfully installed a new Customer Information, Billing, and Financial
Management System (CIBFMS).
The accounting, payroll, billing and inventory systems are interconnected
All systems are up and running as of March, 2004.
The RMLD's reliability index remains very high at above 99.99%.
The RMLD returned $1,826,062 to the Town of Reading.
The RMLD's Operating Budget for 2004 is $64,808,978, which is 3% lower than the actual for
2003 of $66,769,572.
ARTICLE 11— On motion by Stephen L. Crook, Precinct 3, it was moved to take Article 11
from the table.
ARTICLE 11— On April 27, 2004 on motion by Stephen L. Crook, Precinct 3, it was moved to
reconsider the subject matter of Article 11.
James B. Francis, Precinct 6, moves the question.
2/3 vote required
58 voted in the affirmative
83 voted in the negative
Motion does not carry and debate continues.
Annual Town Meeting
May 3, 2004
PRESENTATION —ARTICLE 11
Current Regulation:
➢ LICENSE — granted by Selectmen — permanent
➢ PERMIT — under state law, granted by Fire Dept. for "up to 5 years"
Problem:
➢ Concern about environmental issues and especially groundwater are
not able to be addressed locally
➢ Very little local control and information sharing with local
authorities
Proposal:
➢ Affects all who "keep, store, use, manufacture, sell, handle, or
dispose of crude petroleum products.."
➢ LICENSE —continues to be issued by Selectmen as a "permanent"
license
➢ PERMIT — Fire Department continues to issue permits — but for not
more than one year at a time, and with conditions
➢ REGISTRATION — requires all who fit the definition to register with
the Selectmen. The Selectmen will then develop and adopt
regulations for who needs to be licensed.
➢ LOCAL PERMIT — a local permit will be required on an annual
basis, regulating that which the Fire Department cannot regulate
under their permit
Process:
➢ Bylaw drafted by Town Counsel with input from Fire, DPW, DPW
Water supply, Conservation, health.
➢ Bylaw reviewed by Selectmen
➢ Bylaw reviewed by Town, Counsel with Attorney General, DEP, Fire
. Marshall
➢ Meeting with Gasoline Service Station owners and operators
➢ If approved by Town Meeting, Bylaw goes to Attorney General, and
State Fire Marshall for final approval
➢ Fire Department and Board of Selectmen will develop draft
regulations and hold hearing(s) on the regulations
_ ➢ Regulations adopted
➢ Town will coordinate Fire Department and Local permits, including
forms, fees, schedule, etc.
PRESENTATION
Chapter 137 of the Laws of 2003
passed in late 2003,
➢ allows the Town to pay the difference between base Town pay, and base
military pay for National Guard and Reservists
➢ Town employees called to active military service since September 11, 2001
Acceptance is permanent — cannot be rescinded
One Town Employee is affected at this time
How it works:
➢ Base Town pay — without stipends $43,900 for step 4 Police Officer
➢ Base military pay — including stipends (housing, combat pay,
uniforms, spousal allowance)
➢ Subtract military pay from base Town pay — the difference (if any) is
paid to the employee
➢ Retroactive back to as early as September 11, 2001
➢ Employee prepares the paperwork:
➢ copy of activation orders
A signed military payroll information release form
➢ military leave and earnings statement
➢ There is adequate funding in the Police Salary Budget to cover this
expense.
Russell T. Graham, Precinct 4, moves the question.
Question to reconsider:
2/3 vote required
135 voted in the affirmative
20 voted in the negative
2/3 vote required
48 voted in the affirmative
103 voted in the negative
Motion to reconsideration does not carry
ARTICLE 4 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
moved to take Article 4 off the table.
Motion carried.
ARTICLE 4 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to amend the "FY 2004 to FY 2013 Capital Improvement Program" by amending the line
under FY 2004 Sewer Projects:
Inflow and Infiltration to read "$209,400 ED"
ARTICLE 4 — On motion by George V. Hines, Chairman'of the Board of Selectmen, it was
moved to put Article 4 on the table.
Motion carried.
ARTICLE 12 - On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to raise by borrowing and appropriate pursuant to Chapter 44 Section 7(1) of the
Massachusetts General Laws, the sum of $209,385 for reconstructing surface drains, sewers and
sewerage systems, including the cost of consulting engineering services, designs, plans,
contracts, specifications, equipment, inspection fees, contingencies and related facilities and
expenses related thereto and necessary in connection therewith, said sum to be spent under the
direction of the Board of Selectmen; and the Town voted to authorize the Board of Selectmen or
any other agency to file an application(s) for a grant or grants to be used to defray all or any part
of said sewer construction and/or reconstruction and related matters; and the Town voted to
authorize the Town Manager to enter into any or all agreements as may be necessary to carry out
the purpose of this Article, including but not limited to, the applications and acceptance of a
grant and a non - interest bearing loan from the Massachusetts Water Resources Authority, and to
authorize the Treasurer- Collector, with the approval of the Board of Selectmen, to borrow
pursuant to said loan.
2/3 vote required
unanimous vote
- 2 - Annual Town Meeting
May 3, 2004
.ARTICLE 13 — On motion by Harvey J. Dahl, Chairman of the School Committee, it was
moved to table the subject matter of Article 13 until a date and time certain, namely May 6, 2004
at 7:30 PM.
Motion carried.
ARTICLE 14 — On motion by Gail F. Wood, member of the Board of Selectmen, it was
voted to accept the provisions of Chapter 137 of the Acts of 2003 relative to pay for active duty
members of the National Guard and Reserves.
ARTICLE 15 - On motion by Gail F. Wood, member of the Board of Selectmen, it was voted
to accept a gift of $1,000 to establish a trust fund administered by the Town of Reading
Commissioners of Trust Funds, the income from which is to be used for the Joan Clifford
Memorial Book award. Said interest is to be used annually to award a book to a French student
at Parker Middle School, said student to be selected by the Principal in consultation with the
language teachers at Parker. And further, that the Town vote to accept a gift of $3,540 plus any
other funds which may be donated in the future, to establish a trust fund administered by the
Town of Reading Commissioners of Trust Funds. Said fund is to be expendable and together
with interest earned on the fund used for a scholarship to be awarded at Reading Memorial High
School (RMHS) graduation, the recipient to be a student recommended by the RMHS Language
Department and the RMHS Guidance Department. The fund is designed to be exhausted within
five years. The award is to be called the Joan Clifford Memorial Scholarship.
ARTICLE 16 - On motion by Richard W. Schubert, member of the Board of Selectmen, it was
moved to amend Article 5.5, Section 5.5.1 of the Town of Reading Bylaws from "No person
shall fire or discharge any fireworks, firearms, cannon or explosives of any kind..." to "No
person shall fire or discharge any fireworks, firearms, bow and arrow, cannon or explosives of
any kind..."
On motion by Douglas R. Cowell, Precinct 7, it was moved to amend Article 16 by adding the
word "hunting" before "bow and arrow ".
Motion to amend did not carry.
Brian C. Snell, Precinct 4, moves the question.
Original Motion did not carry.
2/3 vote required
93 voted in the affirmative
27 voted in the negative
Question has been moved.
- 3 - Annual Town Meeting
May 3, 2004
On motion by George V. Hines, Chairman of the Board of Selectmen, 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 6, 2004.
Meeting adjourned at 11:15 p.m.
156 Town Meeting Members were present.
A true copy. Attest: Cheryl . Johnson
Town Cheryl .
- 4 - Annual Town Meeting
May 3, 2004
ANNUAL TO" MEETING
Reading Memorial High School May 6, 2004
The meeting was called to order by the Moderator, Alan E. Foulds, at 7:48 p.m., there being a
quorum present.
The Invocation was given by The'Reverend Arthur C. Flynn of St. Agnes Church, followed by
the Pledge of Allegiance to the Flag.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was moved to take
Article 17 out of order.
Motion carried.
ARTICLE 17 — On motion by Timothy Kelley, member of the Housing Authority, it was voted
to authorize the Board of Selectmen to convey a portion of Plot 65, Lot 7 to the Reading Housing
Authority and to authorize the Board of Selectmen to acquire a portion of Plot 65, Lot 6 from the
Reading Housing Authority, under such terms and conditions as the Board of Selectmen shall
determine.
2/3 vote required
unanimous vote
ARTICLE 4 — On motion by Harvey J. Dahl, Chairman of the School Committee, it was moved
to take Article 4 off the table.
Motion carried.
ARTICLE 4 — On motion by Harvey J. Dahl, Chairman of the School Committee, it was voted
to amend Article 4, the "FY 2004- FY 2013 Capital Improvements Program" by adding to the
section on School Buildings in FY 2004 the following:
Additional debt — Barrows School — $634,000 from Debt
ARTICLE 4 — On motion by Harvey J. Dahl, Chairman of the School Committee, it was moved
to put Article 4 on the table.
Motion carried.
ARTICLE 13 — On motion by Harvey J. Dahl, Chairman of the School Committee,* it was voted
that. the Town, in accordance with Section 2-15 (d) of the Reading Home Rule Charter declares
upon a vote of 2/3 of Town Meeting members present and voting, that action under this article is
an emergency measure necessary for the immediate preservation of the peace, health, safety, or
convenience of the Town;
Annual Town Meeting
May 6, 2004
and voted to raise by borrowing under Chapter 44, Sections 7 (3) and 7 (3A) or Chapter 70B of _
the General Laws of the Commonwealth of Massachusetts, or pursuant to any other enabling
authority and appropriate the sum of $ 634,000 for the purpose of constructing an addition,
remodeling, reconstructing and making extraordinary repairs to the Alice M. Barrows School on
Edgemont Avenue, including the costs of original furnishings and equipment, landscaping,
paving, and other site improvements, engineering and architectural fees, plans, and
specifications, inspections fees, relocation costs, contingencies, and related expenses incidental
thereto and necessary in connection therewith, said sum to be expended by and under the
direction of the School Committee as an addition to, and in conjunction with, the sum authorized
by vote under Article 5 of the Warrant for the Special Town Meeting of December 7, 1998, and
Article 12 of the Warrant for the Annual Town Meeting of April 24, 2000; and that the Town
vote to authorize the School Committee to file applications for a grant or grants to be used to
defray all or any part of the cost of said school renovations and addition and related matters, and
that the Town vote to authorize the School Committee to enter into all contracts and agreements
as may be necessary to, carry out the purposes of this Article; and
voted to rescind the sum of $ 634,000 in authorized but unissued debt as previously authorized in
the amount of $9,100,000 for the new elementary school by vote approving Article 14 of Special
Town Meeting of November 15, 1999.
Quorum questioned by William C. Brown, Precinct 8 - Quorum count: 120 members counted
On motion by Kathleen S. Vaccaro, Precinct 5, it was voted to move the question.
2/3 vote required
84 voted in the affirmative
15 voted in the negative
Ouestion'moved.
Vote on original motion:
2/3 vote required
125 voted in the affirmative
4 voted in the negative
Presentation by Treasurer Elizabeth Klepeis:
$8,400,000 was borrowed of $9,100,000
Now want to borrow $634,000 away from that authorization of new school (rescind debt)
Borrow $634,000 for Barrows School
Both are within tax levy
- 2 - Annual Town Meeting
May 6, 2004
ARTICLE 18 — On motion by George V. Hines, Chairman of the Board of Selectmen, it was
voted to authorize the Board of Selectmen to petition the General Court to approve a Home Rule
Petition, pursuant to Article LXXXIX of the amendments to the Massachusetts Constitution of
the Commonwealth to accomplish the removal of the position of Chief of Police from the
provisions of Chapter 31 of the General Laws of the Commonwealth of Massachusetts, known as
the "Civil Service" provisions, and such legislation shall be generally in the following form:
Section 1 - The position of Chief of Police shall no longer be subject to Chapter
31 of the General Laws.
Section 2 - Section 1 shall not impair the Civil Service status of any person
holding the office of Chief of Police of the Town of Reading on the effective
date of this act.
And, further, that the Board of Selectmen is hereby authorized to take all necessary action in
support of this Article.
counted vote required
77 voted in the affirmative
50 voted in the negative
PRESENTATION:
➢ The Civil Service hiring process is complicated, and does not assure that the Town gets the
best applicants either within or outside of the Town's employ
➢ Of 13 communities in the area, 6 do not have the Police Chief's position in Civil Service and
7 do
➢ The trend is towards removal of positions from Civil Service, not adding more positions into
Civil Service
➢ The Article will not affect the current Chief or his replacement — they will both be in Civil
Service.
➢ The Process — If approved by Town Meeting, the Board of Selectmen will file a Home Rule
petition with the legislature. Once passed by the legislature, the change will become
effective.
- 3 - Annual Town Meeting
May 6, 2004
Comparison of Chiefs Position
In Civil Service
Community
Fire Chief
Police Chief
Bedford
No
No
Belmont
No
No
Danvers
Yes
Yes
Lexington
No
Yes
Lynnfield
Yes
Yes
Melrose
No
No
North Andover
Yes
Yes
North Reading
No
No
Stoneham
No
No
Tewksbury
Yes
Yes
Wakefield
Yes
No
Wilmington
Yes
Yes
Winchester
No
Yes
Total
7 No / 6 Yes
6 No / 7 Yes
Reading
No
Yes
03/04/2004
Comments from Police Chief, Robert Silva:
Thank You Mr. Moderator — Town Meeting Members
-4-
Annual Town Meeting
May 6, 2004
➢ Many of my comments are the same ones I made on November 13, 2001 as Town Meeting
discussed a similar article.
➢ I will start by saying that as your Police Chief I have not experienced any undue interference
from the Town Manager or from members of the Board of Selectmen when dealing with the
day to day operations. In fact they have been extremely helpful and cooperative.
➢ However, there is a clear distinction between a Civil Service Police Chief and a Non -Civil
Service Police Chief.
➢ A Non Civil Service Police Chief remains in office at the will of the appointing authority
➢ A Civil Service Police Chief has statutory protection and can only be removed with just
cause.
➢ The State Department of Personnel oversees the selection process for a Civil Service Police
Chief. The selection process for a Non Civil Service Police Chief is determined by the
appointing authority.
➢ I am concerned that removing the position of Police Chief from Civil Service will allow
politics to affect the day -to -day operations of the police department. As a Civil Service
Police Chief I am able to conduct criminal investigations in an independent way without
unnecessary pressure. The morale of the police department will be adversely affected if the
officers feel that the Police Chief is concerned more about him retaining his position than
making proper decisions for the department and the community.
➢ We have had a Civil Service Chief for over 80 years. It is'a system that has worked very well
for Reading.
➢ I strongly urge Town Meeting Members to vote no on Article 18 and not remove the Police
Chief from Civil Service.
➢ Thank You
ARTICLE 20 — On motion by Jonathan E. Barnes, Chairman of the Community Planning &
Development Commission it was voted to amend Section 4.9.2 of the Reading Zoning By -Law,
entitled "Overlay Districts" to add a new third paragraph so that the section shall read as follows:
Planned Unit Development Districts shall take the form of overlay districts covering all
or part of Industrial Districts, the Business A District and designated portions of Residential
Districts on the Reading Zoning Map. For any land within a PUD District, a Developer may
choose to conform either to the zoning regulations which govern the underlying district or to the
PUD overlay regulations and procedures set forth by this Section, whose specific provisions shall
supersede all other provisions in the Zoning By -Laws with respect to the underlying district
- 5 - Annual Town Meeting
May 6, 2004
including, without limitation, use, intensity, dimensions, parking and site plan review; however, _
the provisions of any other overlay district shall continue to apply.
Planned Unit Development Districts are overlaid on three zoning districts: Industrial,
Business A and Residential Zones. Section 4.9 controls development in this overlay utilizing the
following terms: PUD -I for Planned Unit Development District — Industrial for PUD's overlaid
in the industrial zone, PUD -B for Planned Unit Development District - Business for PUD's
overlaid in the business zone and designated portions of adjacent residentially -zoned land; and
PUD -R for Planned Unit Development District- Residential overlaid in the residential zone. Any
reference noted herein to "PUD" generally denotes the requirements and controls are for
developments for PUD's in Business, Residential and Industrial zones.
Add to 4.9.2 as 3rd Paragraph
Planned Unit Development - Business District as an Overlay District
A PUD -B District shall take the form of an overlay district covering an underlying
Business A District and may include land situated within the S -15 District that was a part of a lot
existing on January 1, 2003, a portion of which lot was also in the Business A District, but only
as is applied to a specific parcel or parcels through a formal and proper amendment to the
Reading Zoning Map. A
PUD -B Overlay District may be applied only through action by Town Meeting to amend the
Reading Zoning Map placing such land within the PUD -B Overlay District.
And further, to see if the Town will vote to amend the Reading Zoning By -Laws entitled "Overlay (. _-
Districts" to add a new Section 4.9.7 as follows:
4.9.7. Use and Dimensional Requirements in the PUD -B
The following use and dimensional requirements shall be adhered to by all PUD -B
Special Permit developments that lie within a PUD -B Overlay District and which shall be used
by the CPDC in evaluating each PUD -B development proposal.
4.9.7.1 Parcel Size and Eli 'big ility:
The minimum land area of a project under a PUD -B Special Permit is three (3) acres in
size.
A development parcel may consist of land in more than one ownership, provided that all
land comprising the parcel lies entirely within the PUD -B Overlay District and is contiguous.
Lots separated by a minor street as defined in Section 4.9.2.1 or right -of -way or private way may
be considered, in CPDC's discretion, contiguous for this purpose.
Proposed developments may include pre - existing buildings provided that all PUD
requirements are satisfied by each new or existing building and for the PUD as a whole. More
than one principal building may be located on a lot, Section 5.2.8. notwithstanding.
- 6 - Annual Town Meeting
May 6, 2004
Permitted Uses in the PUD -B
The following uses may be allowed by a PUD -B Special Permit, subject to the findings of
the CPDC as to the net benefit and adverse impacts of the proposed PUD:
a. Within a PUD -B Overlay District, any portion of land that is within the
underlying Business A District or within 30 feet of the underlying
Business A District zoning boundary line may be used for those
various uses allowed within the underlying Business A District,
excepting that Automotive Uses and enclosed storage as a primary
use as listed in the Table of Uses in Section 4.2.2 (Table of Uses),
and fast food restaurant or drive -thru uses shall not be allowed.
b. Any land within the PUD -B Overlay District that is both in the under-
lying residential district and more than 30 feet from the underlying
Business A District zoning boundary line may only be used for the
parking of registered motor vehicles in a parking lot or structure,
related driveways, landscaping, lighting, fencing, drainage systems
and containerized and enclosed trash storage, all as accessory uses
for the uses allowed elsewhere in the PUD -B Overlay District subject
to conditions imposed by the CPDC.
4.9.7.3 Intensitv of Use in PUD -B
1
t
4.9.7.3.1 Uses as described in 4.9.7.2:
The basic permitted intensity of a business use in a PUD -B development, expressed as
the Floor Area Ratio as defined in Section 4.9.2. l.f, may not exceed 0.50. In order to assist in
making this calculation, plans submitted for a PUD -B Special Permit that propose such a use
shall show what portion and area of the development parcel will be put to such use.
Areas which have been counted to satisfy the intensity limit for residential use may not
be counted also to satisfy the intensity limit for business /commercial use and areas which have
been counted to satisfy the intensity limit for business /commercial use may not be counted also
to satisfy the intensity limit for residential use.
4.9.7.4 Dimensional Requirements:
4.9.7.4.1 Building Height. The maximum building height within a PUD -B Overlay District
shall be as follows:
a. Any portion of an allowed structure that is within an underlying residential
zoning district portion of a PUD -B Overlay District and that is farther than
30 feet from the underlying Business A zoning boundary line shall not be
greater in height than is allowed in the underlying zoning district in which
it is located.
- 7 - Annual Town. Meeting
May 6, 2004
b. Any portion of a building that is in an underlying Business -A Zoning
District or is within 30 feet of an underlying Business -A Zoning District
shall be no higher than 50 feet.
4.9.7.4.2 Setbacks and Buffers in a PUD -B:
a. The extent of buffering and setbacks shall in every case be based upon the
following criteria as reviewed by the CPDC:
Existing topography
♦ Existing vegetation
s Existing and Proposed Structures within and outside the PUD -B District
Proximity to Residential Dwellings
b. The minimum front, side and rear yard requirements shall be the same as
in the underlying districts except that the minimum front yard set -back may
be as little as 30 feet if there is no parking in the front yard.
C. Parking/Loading. The parking and loading requirements contained in
Section 6.1.1.3 shall apply. Parking spaces shall be at least 8.5 by 18 feet,
with provision for larger spaces as required by the CPDC to accommodate
short term parking, handicapped and larger vehicles.
d. Shadow Impact. Between 9:00 a.m. and 3:00 p.m. (EST) from February 21"
to October 21St, no building within a PUD -B Overlay District shall cast a
shadow any dwelling in existence at the time of a PUD -B Preliminary Plan
submission.
Private Ways
All on -site and off -site improvements, which include the installation of utilities, public
lighting, sewers and other public improvements, shall be constructed according to the standards
of the Reading Public Works Department and other appropriate departments and conditions
imposed by the CPDC.
Amend Section 4.2.2 Table of Uses by adding the following line under the existing captions:
Principal Uses RES
RES
RES
BUS
BUS
BUS IND
s -15, s -20, s -40
A -40
A -80
A
B
C
PUD -B SPP*
No
No
SPP*
No
No No
- 8 - Annual Town Meeting
May 6, 2004
ARTICLE 20 - On motion by Mary Ellen O'Neill it was moved to table the subject matter of
Article 20.
Motion did not carry.
On original motion:
2/3 vote required
94 voted in the affirmative
- 0 - voted in the negative
Quorum questioned - Quorum count: 101 members counted
ARTICLE 21— On motion by DeMatt e*o, it was voted to amend the Town of Reading Zoning
Map to designate the following land, currently zoned as Business A and S -15, as being within the
Planned Unit Development — Business (PUD — B) Overlay District:
Land situated on the westerly side of Main Street, Reading, MA, being
shown on Assessors' Map 11 as Lots 11 and 12, and being further
described on Exhibit A attached hereto and incorporated herein by
reference.
2/3 vote required
unanimous vote
ARTICLE 22 — On motion by Joseph G. Duffy, member of the Board of Selectmen, it was
voted that the Town vote pursuant to Section 2-6 of the Reading Home Rule Charter to declare
the seats of certain Town Meeting Members to be vacant and remove certain described persons
from their position as Town Meeting Members for failure to take the oath of office within 30
days following the notice of election or for failure to attend one half or more of the Town
Meeting sessions during the previous year:
Precinct 3 Robert J. Coffey
Paul J. Murphy
Robert M. Murphy
Precinct 4 Alatffiew L. W41seii
Precinct 8 Fr-edefiek F. MaAin k.
Matthew Wilson and Frederick Martin were retained as Town Meeting members.
ARTICLE 3 - On motion by George V. -Hines, Chairman of the Board of Selectmen, it was
moved to remove Article 3 from the table.
Motion carried.
- 9 - Annual Town Meeting
May 6, 2004
ARTICLE 3 - On motion by David Lautman, Precinct 4, it was moved that the Selectmen
instruct the Recreation Committee to prioritize the allocation of permits for Town fields to
Reading organizations.
Motion carried.
ARTICLE 3 - On motion by Ronald M. Daddario, Precinct 6, it was moved regarding Article
14 - payment of incremental salary that the Town Manager be instructed to find a method to
make monthly payments to the families of Town employees activated by the National Guard or
the Army Reserve.
Motion carried:
ARTICLE 3 - On motion by Pasquale M. Iapicca, Precinct 7, it was moved that the Board of
Selectmen, within 90 days, incorporate into the Town of Reading's personnel Policies, language
that will continue to make whole, Town employee's benefits while being activated for military
duty.
This motion will also make these benefits retroactive to September 11, 2001; to coincide with the
Warrant Article passed at Town Meeting on May 3, 2004.
Motion carried.
ARTICLE 3 - On motion by Mary Ellen O'Neill, Precinct 6, it was moved that Town Meeting
ask the RMLD to present a report to this body at its next meeting which will describe in detail
the sources of our power supply, what options for cleaner energy are available, and how RMLD
can move to increase its percentage of alternative energy sources. RMLD is also requested to
report briefly on its consumer conservation efforts.
Motion carried.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was moved to lay
Article 3 on the table.
Motion carried.
On motion by George V. Hines, Chairman of the Board of Selectmen, it was voted to adjourn
that this Annual Town Meeting sine die.
Meeting adjourned at 11:15 p.m.
134 Town Meeting Members were present.
A true copy. Attest: )Che . Johnso
Town Jerk
-10- Annual Town Meeting
May 6, 2004
STATE PRIMARY ELECTION WARRANT
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify
and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town
.Affairs, to meet at the place designated for the eight precincts in said Town, namely:
Precincts 1, 2, 3, 4, 5, 6, 7 and 8
Addison Wesley Longman, I Jacob Way
TUESDAY, THE FOURTEENTH DAY OF SEPTEMBER, 2004 from 7:00 a.m. to 8:00 p.m.
to cast their votes in the State Election for candidates of political parties for the following
offices:
REPRESENTATIVE IN CONGRESS.................. District
COUNCILLOR ........................................................................ 6 th District
SENATOR IN GENERAL COURT ........................ Middlesex and Essex District
REPRESENTATIVE IN GENERAL COURT ......... 201h & 30th Middlesex Districts
SHERIFF......................................... ............................... Middlesex County
6th District All Precincts
20th Middlesex District Precincts 1, 4, 6, 7 and 8
30th Middlesex District Precincts 2, 3 and 5
and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1)
public place in each precinct of the Town not less than seven (7) days prior to September 14,
2004, the date set for the election in said Warrant, and to publish this Warrant in a newspaper
published in the Town.
Hereof fail not to make due return of this Warrant with your doings thereon to the Town Clerk at
or before the time appointed for said voting.
Given under our hands this 1 Oth day of August 2004.
A true copy. Attest:
-,6eryl A. YInson, To Clerk
2
Richard Schubert, Chairman
Camille W. Anthony, Vice Chairman
Gail F. Wood, Secretary
"
V 10—Sh G. Duffy
e�7 George V. Hines
BOARD OF SELECTMEN
Constable