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HomeMy WebLinkAbout2000-11-13 Subsequent Town Meeting MinutesCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on September 29, 2000 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Arthur W. Coolidge Middle School, 89 Birch Meadow Drive The date of posting being not less than fourteen (14) days prior to November 13, 2000, the date set for the Subsequent Town Meeting in this Warrant. I also caused an attested copy of this Warrant to be published in the Reading Chronicle in the issue of October 11, 2000. A true copy. Attest: Che 'AJClerk Daniel W. Halloran Jr., Constable 1 SUBSEQUENT TOWN MEETING (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 Reading Memorial High School Auditorium, 62 Oakland Road in said Reading, on Monday, November 13, 2000, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers 'and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2001 - FY 2010, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter and as previously amended, or take any other action with respect thereto. Board of Selectmen ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 13 of the Warrant of the Annual Town Meeting of April 24, 2000, relating to the Fiscal Year 2001 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen 2 ARTICLE 5 To see if the Town will vote to amend Sections 4.5.3, 4.5.4.4, 4.5.5, 4.5.6, 4.5.6.1, 4.5.6.2, and 4.5.6.3 of the General Bylaws of the Town which relate to various fees collected or charged by the Town, by increasing any or all of the fees set forth in said Sections, and to see if the Town will vote pursuant to section 5.6.7 of the General Bylaws to increase fees for licensing dogs or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see what sum the Town will raise by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to amend the General Bylaws of the Town by adding the following Section 5.16 relating to Recreational Motorized Vehicles, or take any other action with respect thereto: "5.16 Recreational Motorized Vehicles 5.16.1 Definitions 5.16.1.1.1. Recreational Motorized Vehicle: A vehicle capable of being propelled by gasoline, electricity/battery or any other fuel type or source, including but not limited to snowmobiles, all-terrain vehicles, mini-bikes, mopeds, scooters and go-carts, but not including automobiles, buses and trucks. 5.16.2 No recreational motorized vehicle shall be operated on any street, public way, private way, sidewalk, public parking area, or any other public property in the Town unless the recreational motorized vehicle has been registered with the Commonwealth of Massachusetts for such use and it is being operated in accordance with the terms and conditions of any such registration. 5.16.3 In addition to any other means of enforcement, the provisions of this Bylaw may be enforced by non-criminal disposition in accordance with the provisions of Section 5.11 of these Bylaws and Section 21 D of Chapter 40 the General Laws." Board of Selectmen ARTICLE 8 To see if the Town will vote to amend the Reading Home Rule Charter by adding the following paragraph to Section 3-5 relating to the Municipal Light Board, or take any other action with respect thereto: 3 "Where provisions of the General Laws of the Commonwealth require the approval of warrants by the Municipal Light Board for the disburse- ment of Municipal Light Department funds, the approval of the General Manager of the Municipal Light Department and any one member of the Municipal Light Board, as the same may be designated from time to time by the Municipal Light Board, shall constitute sufficient approval. In the absence of the General Manager, the Acting General Manager may so approve warrants for the General Manager." Reading Municipal Light Board ARTICLE 9 To see if the Town will create a Human Relations Commission as an agency of the Town to preserve and maintain the human rights of the citizens of the Town and others having contact with the Town, to encourage an environment of tolerance, understanding and harmonious racial, ethnic, religious, cultural and gender relations within the Town and among its citizens, to enhance its ability to mediate differences arising from the aforesaid relations and for that purpose amend Article 3 of the General Bylaws by adding the following Section 3.9 or otherwise take any other action with respect thereto: 3.9 Human Relations Commission 3.9.1 There shall be a Human Relations Commission consisting of nine (9) members who reside in the Town or have their place of business in the Town of whom three permanent members shall be as follows: one member shall be a member of the Board of Selectmen, one member shall be the Chief of Police or his/her designee, and one member shall be the Superintendent of Schools or his/her designee who may be a teacher or a member of the School Department staff. The remaining members shall be appointed by the Board of Selectmen for three year terms so arranged that as near as possible an equal number of terms shall expire each year and to the extent possible be a diverse and representative group drawn from the following fields: one representative of a business other than the real estate business or a business association, one representative of a real estate business or association, one member of the Reading Clergy Association and three residents of the Town. 3.9.2 The Commission shall elect a Chair by majority vote of the members. A majority of those members appointed and qualified from time to time shall constitute a majority of the Commission and the Commission shall be authorized to act by a majority of such appointed and qualified members notwithstanding any vacancy in the full complement of membership set forth in 3.9.1. The Commission may invite to serve as nonvoting members such voluntary consultants in the field of human relations or human rights as it may choose from time to time. The Commission may expend such money as shall be appropriated therefor and may accept such grants or voluntary contributions as may be given or donated to it for its purposes. The Town Manager shall assign a liaison representative to the Commission to arrange for staff support without the expenditure of additional funds to the extent possible. The Commission shall meet at least bimonthly and shall meet within ten days of a written request by not less than five (5) citizens of the Town filed with the Town Clerk 4 3.9.3 The mission of the Commission shall be to preserve and maintain the rights of citizens and visitors to the Town and to promote an environment of tolerance, understanding and harmonious racial, ethnic, religious, cultural and gender relations in the Town of Reading and it shall work to prevent discrimination or the perception of discrimination on the basis of color, age, gender, religion, disability, culture, national origin or ancestry or sexual orientation within the Town or among its inhabitants and to that end shall: (a) Engage in out reach to such groups which may have suffered from or been the object of such discrimination or may perceive themselves to have been the object of the same; (b) Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; (c) Identify perceived problems of such discrimination or human relations conflicts within the Town and be a resource or referral agency to assist the parties or mediate among the parties so as, to the extent possible, permit the resolution of the same at the local level; and (d) Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and community and sponsor educational programs and the celebrations of events for that purpose. Petition ARTICLE 10 To see if the Town will vote to transfer the care, custody, management and control of the first following described land or portions thereof from the Board of Selectmen to the Conservation Commission for conservation, water supply and recreation purposes; and to see if the Town will vote to authorize the Board of Selectmen to file a petition to the General Court, if necessary, for a special act or for leave of the General Court, pursuant to Articles 49 and 97 of the Articles of Amendment to the Massachusetts Constitution, or any other enabling authority, authorizing the Town to make the foregoing transfer of care, custody, management and control, or take any other action with respect thereto. Plat 171, Parcel 1, Board of Assessors Map dated Jan. . 1, 1972 on Symonds Way Board of Selectmen 5 ARTICLE 11 To see if the Town will vote to accept the report of the Board of Selectmen upon the laying out as a public way of the following described private way under the provision of law authorizing the assessment of betterments, such highway being laid out in accordance with plans duly approved by the Board of Selectmen and filed in the Office of the Town Clerk in accordance with the statutory requirements, and that the Town authorize the Board of Selectmen to take such land in fee or rights of easement therein by eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or acquire said land in fee or rights of easement therein by purchase, gift or otherwise and to assess betterments therefor and to see if the Town will vote to accept the public way laid out by the Board of Selectmen, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the acquisition of said land or easements therein or for payment of any eminent domain damages and for the construction of said way, or take any other action with respect thereto. Proposed Public Way: Sunset Rock Lane Board of Selectmen ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to convey and/or abandon certain sewer, drainage and/or water rights and easements in Reading, Middlesex County, MA located on land situated off of Walkers Brook Drive and Newcrossing Road which easements are shown on a plan entitled: Reading Sewerage System, Plan Showing Easements on Main Interceptor from Ash Street to John Street, dated March, 1917; to determine the minimum amount to be paid for such conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or abandon all or any part of said rights and easements for such amount or a larger amount, and upon such other terms and conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds therefor if necessary; or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to amend Section 6.3.1.1.a. of the Zoning By-Laws relating to non-conforming lots by adding at the end thereof the following two sentences: "Acquisition for a public purpose shall include an acquisition of a portion of a lot by a private or public entity for a public purpose under applicable law including, without limitation, roadway improvements. Such acquisition may be made by private con- veyance or a public taking." so that said Section 6.3.1.1.a. shall read as follows, or take any other action with respect thereto. 6 "6.3.1.1.a. Any lot that has been built upon may be changed in size or shape so as to create or increase violations of the area, yard or coverage provisions of this By-Law, only if such change is due to an acquisition of a portion of the lot for a public purpose. Acquisition for a public purpose shall include an acquisition of a portion of a lot by a private or public entity for a public purpose under applicable law including, without limitation, roadway improvements. Such acquisition may be made by private conveyance or a public taking." Community Planning and Development Commission ARTICLE 14 To see if the Town will vote to amend Section 6.3. of the Zoning By-Laws relating to non-conforming conditions by adding at the end thereof the following as Section 6.3.4., or take any other action with respect thereto. "6.3.4. Restoration of Non-Conforming Structures Located in the Business A District: 6.3.4.1. A structure located in the Business A District and located on a lot with frontage on a state-controlled highway which has become dimensionally non-conforming as a result of an acquisition of a portion of the lot for a public purpose as defined in Section 6.3.1.1.a. above and which has been damaged by fire, flood or other casualty or by vandalism, may be rebuilt and restored without conformance to the then current provisions of this By-Law, provided that the reconstructed structure: a. Is built entirely within the footprint of the damaged structure; b. Does not exceed the height of the damaged structure; and c. Has a gross floor area not in excess of the damaged structure." Community Planning and Development Commission 7 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 13, 2000, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 26th day of September, 2000. Matth w Cummings S y M. Hoyt SELECTMEN OF READING Dani W. Hallora Jr., Constable SUBSEQUENT TOWN MEETING Reading Memorial High School November 13, 2000 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:40 p.m., there being a quorum present. The Reverend Sarah Mount of the Old South Methodist Church gave the Invocation. Before the Pledge of Allegiance, Town Moderator, Alan E. Foulds made a few brief remarks. Last month Ken Latham, a former Moderator of this body passed away. Mr. Latham's contributions to this Town were considerable. He was a member of the Board of Selectmen for fifteen years dating from 1940 to 1955 - arguably the period of the Town's greatest changes. Eleven of those years he served as Chairman. Following his tenure on the Board he served an unprecedented and unmatched 22 consecutive years presiding over this Town as its Moderator. Exemplifying his presence for a half a century of Town life is the fact that he was the principal speaker at both Reading's 300th and 350th Anniversaries. I would like a moment of silence for Mr. Ken Latham. The Warrant was partially read by the Town Clerk, Cheryl A. Johnson, when on motion by George V. Hines, Vice 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 1 - Philip B. Pacino, Chairman of the Reading Municipal Light Board, presented the following Annual Report: This past year has been an exciting and productive one for the Reading Municipal Light Department (RMLD). As you know, the RMLD distributes electricity to the towns of Reading, Wilmington, Lynnfield, and North Reading. The Commission and Staff work very hard to keep your electric rates among the lowest in the Commonwealth of Massachusetts. There has not been a rate increase in 8 years. No rate increases are currently anticipated for 2001. The RMLD is 106 years old and growing in leaps and bounds. We have approximately 26,624 electric customers. On June 27, 2000 the RMLD hit an all time electric peak and sold 138.885 megawatts of electricity. We are the largest municipal electric utility in Massachusetts. One of our major accomplishments this year was the completion of the new North Reading Transmission and Distribution Substation. The new substation ensures adequate physical plant to provide sufficient electricity for now and 50 years into the future. There are other major accomplishments for which we are equally proud. The Town of Reading received an annual payment of $1,635,572.00, which I call our return on investment, and another $141,433.76, for in lieu of taxes in 2000. Also this year RMLD completed a buyout of a five-megawatt entitlement to the Pilgrim Nuclear Plant in Plymouth, MA that will save millions over the next 6 years. The buyout frees RMLD from a costly contract that ran through 2006 and included uncertain decommissioning costs. The agreement cost about $4 million and is projected to save RMLD another $8 million over the next 6 years for total savings of $4 million. The fiends for the buyout came from RMLD's rate stabilization fund, a fiscal management tool that gives us the flexibility to take advantage of savings opportunities while keeping rates low. Restructured contracts with Northeast Utilities and Boston Edison Co. also lowered power supply costs in 2000. The combined savings from these contracts, including savings realized by allowing a less favorable agreement with New England Power Co. to expire, totaled $3.33 million. The new contracts also allow us to take advantage of the deregulated power market by selling excess power. As you can see, the RMLD is adapting to a deregulated energy market and finding new ways to continue delivering low and stable prices throughout Reading and the other three towns we serve. This is the result of our many talented, friendly and dedicated employees being determined to continue a 106-year tradition of reliable electric service to the residents and businesses of Reading. ARTICLE 1-Len Rucker, presented the attached RMLD Budget Report. 2 Subsequent Town Meeting November 13, 2000 ARTICLE 1- Dr. Harry Harutunian presented the following Report of the State of the Schools: Good evening Mr. Moderator, Town Meeting members, elected officials and members of the reading community. It is with a-great deal of pleasure and honor that I speak to you about the outstanding accomplishments that our teachers, administrators, parents, and, most of all, our students have achieved this past year in the Reading Public Schools. This fall the Reading public schools opened its doors to over 4,200 students. In the last five years the enrollment of the Reading public schools has increased by over 250 students. This year we have a kindergarten to fifth grade enrollment of over 2,000 students, a middle school enrollment of over 1,000 and a high school enrollment of 1,148 students. Births in Reading have not tapered off and Reading continues to see a large influx of people moving to Town with children who will enter our public schools. Last year's senior class of 245 students received over 680 college acceptances from some of the best schools in the country. Four of our top seniors were accepted at and are attending Harvard University. In June Jack Delaney, Principal of the Parker Middle School retired after 36 years with the Reading Public Schools. Reading resident and former assistant principal at Reading Memorial High School, Joe Finigan was named as the new Parker Middle School principal. Reading resident Mike Scarpitto joined the high school staff as assistant principal. Mike was formerly an assistant principal at North Andover High School. Stephen Gannon, former acting director of special education in Amesbury, joined the staff as director of Special Education. Finding good people to fill staff positions has become harder over the last few years. We routinely used to receive 500 - 600 applications from people interested in an elementary teaching position. This spring and summer we received approximately 50 per cent fewer applications down to approximately 300 applications for that type of position. This trend and some other changes we've noticed seem to be a sign of the good economy 3 Subsequent Town Meeting November 13, 2000 and decisions by people to leave teaching, in some cases to retire, or to choose careers , other than teaching. Next year with teacher retirements projected to be at an all time high in Reading and across the Commonwealth, we expect the situation to get worse. This year contract negotiations will begin with the Reading Teachers' Association, secretaries & clerks, custodian and maintenance workers, educational assistants, nurses, cafeteria workers and administrators. We continue to enjoy a strong relationship here in Reading with out bargaining units and other professionals. We in Reading can be proud of the work done by our students on MCAS test scores. Last fall the Boston Globe ranked the 210 school systems that are IC-12 and Reading students finished 23`d out of the 210. The high school scores ranked in the top 7% of the state. MCAS testing will take a new step this year, you may know, with 10th graders being required to pass the tests in mathematics and language arts before they can graduate. There were many accomplishments at our schools over the past year both in academics and extra curricular. The high school girl's ice hockey team finished their inaugural season at 18-3, the boy's tennis team went to the Division 1 north final for the first time, the softball team won the Middlesex League championship and Reading student Katie Collins was selected by the Boston Globe as the female athlete of the year. The Reading Memorial High School band was chosen to represent Massachusetts at the Washington D.C. Independence Day parade and the drama club went to the Massachusetts Drama Guild finals. On June 1" Coolidge Middle School held its official building dedication with several hundred community members attending. The Barrows Elementary School was awarded a two-year grant from the executive office for public safety to train our staff to implement a bullying prevention curriculum in all classrooms. The Joshua Eaton School celebrated its 50th birthday. Staff, students, alumni and former staff attended the celebration. 4 Subsequent Town Meeting November 13, 2000 The principals at Birch Meadow, Killam and Coolidge worked together to set up the kindergarten program at the Coolidge Middle School. Approval was received for a 66 percent reimbursement rate from the state for the new school at Dividence Road and the renovation and addition of the Barrows Elementary School. Ground breaking on the new school is scheduled for early spring 2001 and the project is scheduled to be completed for the fall of 2002. Refinement of our curriculum continues in all MCAS subjects so we are better aligned with the evolving mandates of the state curriculum frameworks. As a result of our successful piloting last year, we are targeting much of our time and resources to upgrading our elementary language arts program this year. Reports from teachers are that they are pleased with the selection of materials and with the professional development they are receiving to support this year of implementation. I stand before you as the proud Superintendent of Schools in Reading assuring you that the quality of the instruction, the dedication of the professional staff and the motivation of the parents and students has helped produce outstanding individuals at graduation each year. As you are aware, Reading continues to maintain a very strong reputation as a quality school district. My conversations with realtors and educators across the state indicate that Reading continues to enjoy a very fast and aggressive turn over of homes because of that reputation as a school system and as a town. I am also pleased to notify Town Meeting that the schools continue to work, with the town government in the areas of maintenance, finance, health, fire, police, library and other town agencies to provide not only the children but the citizens the most efficient and best use of town money. This has been an exciting and busy year for the Reading Public Schools. We appreciate the support, the hard work and the dedication of our teachers, administrators, parents, but most of all, the strong commitment of Reading students. We all recognize that the greatest resource that we have here in Reading is our young people. On behalf of the School Committee, the faculty, staff and administration, I would like to thank Town Meeting and the Reading community for their continued support of the Reading Public Schools. Subsequent Town Meeting November 13, 2000 ARTICLE 1- Carol S. Grimm, Chairman of the Finance Committee, presented the following Report on Town Financial Status: Update on the Town's Finances Town Meeting is well aware of how difficult it was to put together the current year's budget. In the spring, just on the personnel side, we cut the zoning officer's position, a clerical position at Town Hall and a DPW position. The animal control officer's hours were reduced and the Library was closed on Saturdays in the summer. The School Department moved three instructional specialists back into the classroom resulting in layoffs of teachers., The Director of School Technology and a reading teacher at the High School were laid off. Additionally, the 6`h grade foreign language program was eliminated and the associated teachers were let go. Even with these cuts in personnel and paring back in expenses, there was the possibility that we were under funding areas of the budget. In the past, we have been inclined to wait until spring town meeting to make adjustments to the current year's budget. However, given the magnitude of the adjustments this year, there is concern that line items may run negative during the year. The $150,000 reserve fiend, which FinCom alone can vote to spend, may not be enough to fund the Town until spring Town Meeting in late April. As you will see under Article 4 tonight, there are several amendments to the current year's budget. These adjustments begin to address some of the known shortfalls in Fiscal 2001. We anticipate there with be further amendments to the current year's budget at Spring Town Meeting. On the positive side, the state legislature came through with $424,000 in additional Chapter 70-school aid for the Town of Reading. These funds have been allocated to the School Department budget to cover primarily Special Ed. overruns and other deficits in the school budget. The Town also ended the year with $1.4million in free cash, that is $300,000 over what we had projected last spring. The additional free cash is a one-time phenomenon due to the timing of receipts of Chapter 90 Highway funds from the State. Although we don't expect another windfall in free cash next year, the funds are available to offset cost overruns in the current year. How to craft a budget for next year, Fiscal 2002, is of great concern. To the extent we use free cash to cover cost overruns this year, there will be less free cash 6 Subsequent Town Meeting November 13, 2000 available to balance next year's budget. Additionally, the prospect for increases in state aid is minimal and new revenue growth is not expected until FY2003 or 2004 from the landfill and Pearson/Addison Wesley developments. Therefore, the Town is dependent on a 2'/2% increase in its predominately residential tax base to support the rising cost of services. Health benefit costs, all union contracts are up for negotiation, increased trash collection costs, rising energy costs, special education increases and education reform mandates are all expected to far exceed a 2 %2% increase. With costs rising faster than the Town's revenue, all the services currently provided cannot be funded next year. Because we anticipated this shortfall, work began early on the Fiscal 2002 budget. Last month the major boards had a very productive session facilitated by Town Meeting member Fred VanMagness. Many short and long term solutions were discussed, although no definite answers were reached, the boards did give the Selectmen a lot of feedback. In addition to the time the various boards have spent on the Fiscal 02 budget, I can assure Town Meeting that staff has spent a tremendous amount of time trying to define the magnitude of the problem in light of many unknowns. From the impact of the ballot questions last week, to how large the increases for the Town's health insurance all play a part in the Fiscal 2002 shortfall. In September, the Superintendent presented the School Committee with several different budget scenarios at various funding levels. The Selectmen are now in the process of reviewing municipal department budgets. Once their review is complete, FinCom will call for another Financial Forum to take the budget process to the next level. The goal will be to chart a course for the Town of Reading's financial future that we can all rally around. We promised Mr. VanMagness that his first ground rule would be our guide throughout this budget process and that is and I quote "we are here for one good, the Town of Reading." ARTICLE 1 - Russell T. Graham, Precinct 4, presented the following Report of Progress of the School Building Committee: The School Building Committee in line with its responsibility has brought forth to Town Meeting accepted solutions to the elementary and middle school space problems. 7 Subsequent Town Meeting November 13, 2000 We have now been asked by the Reading School Committee to address the high school building problems. The first point relative to this building is that any attempt to address its problems are overwhelmingly not insolvable but definitely overwhelming from both a physical and a financial standpoint. Two feasibility studies have been done in recent years, both revealing a building, which is structurally sound and physically large. Both studies also revealed a building whose support systems are old, tired and very much in need of attention. Both studies further revealed a building not conducive to nor providing for an environment which would foster quality education and most assuredly not a building capable of providing those tools deemed to be essential to educational needs in the Twenty First Century. There is no question on the parts of those involved with the shortcomings of this building that if we as a Town are committed to quality education for all of our children, the attention must be brought to those shortcomings and, more importantly, to the solutions which would cure them. In addressing this overwhelming problem, the School Building Committee immediately collided with two significant factors affecting our ability to comprehensively address it. One: The Legislature passed legislation affecting future projects significantly changing the rules guiding the School Building Assistance Bureau and further changing the rates of reimbursement payable to cities and towns for school building projects. I will, with understatement, say that some degree of confusion ensued at the State level as to what the legislation meant, and what exactly the rates of reimbursement might be. The SBAB, in fact, froze its process awaiting clarification. The School Building Committee without apology knew if the rile makers were confused, so then assuredly were we. Two: The second factor was the fiscal realities facing the Town itself. Ongoing and protracted discussion relative to the financial situation of the Town was taking place at the same time as this Committee explored avenues and extraordinary costs association with the high school building. The ways of addressing this fiscal crisis offered no definitive answers, and the consequences of the discussed ways of answering it even less assured results. While the I - School Building Committee could pristinely ignore all else and merely carry out its 8 Subsequent Town Meeting November 13, 2000 mission of advising you what we might recommend on this building, we are not so naive nor inexperienced as to realize that Town Meeting might find itself uncomfortable with wrestling with a major capital project while answers to the fiscal negatives of its forthcoming budget remain unclear. While there is no assurance as to any solution to that problem, we believed that prudence dictated we momentarily step back and follow the dialogue necessary between other boards and committees before proceeding. The School Building Committee having become used in the last two years to having obstacles placed in its path undauntingly moves forward to carry out the responsibilities you have assigned to it despite these obstacles. On October 3, at a meeting arranged by Representative Jones, the Chair of the School Committee, the liaison to the School Building Committee, the Superintendent of Schools, the Director of Finance, the Town Accountant and the Chair of the School Building Committee met with the Financial Director of the Department of Education to have him clarify the new regulations and, hopefully, further define the new rates of reimbursement. It was his belief that despite the base reimbursement percentile having been decreased to 55.2%, the introduction of bonus points, if you will for certain actions on the part of the Town such as renovating existing buildings rather than building new, points for maintenance and for such things as innovative community use of buildings would bring us up to at least our present reimbursement percentile of 66%. We stress that was his belief without any project before him but a rather firm belief nonetheless. The basic priorities for reimbursement as they apply to Reading remain the same and while critical dates for various stages within the process have changed, dates certain still exist and pre need conferences will still take place in order that appropriating authorities such as Town Meeting may know that we have an approvable project at a determined reimbursable rate. A significant intent of the new regulations is to move away from the discouragement of renovation and attention to maintenance. The SBAB will allow significant major renovation projects to be reimbursed rather than insisting upon a soup to nuts approach to building problems. While acceptable to the State, such an approach 9 Subsequent Town Meeting November 13, 2000 does., however, present real problems to cities and towns and more significantly to the students within the building where such an approach might take place. The meeting was, in the opinion of those attending, most informative and allows the SBC to move forward with confidence as to where we stand vis-a-vis the State in addressing this building. While I would like to be able to say the second problem of the Town's financial problems have been cured; others have and will continue to inform us that such, most unfortunately, is not the case. The dialogue, however, has gone on and proposed partial answers have been formulated, and the SBC might get back to the Town problem before it and its assigned task of advising this body as to what the problem is, and what we recommend as to the solution to that problem. One very clear reality is that Reading cannot assume the net cost of addressing the problems of this building within its present financial means. Any attempt to move forward with such a project must be subject to a debt exclusion override by the voters of Reading. Considering the magnitude of the problem, the price, and the need for override support, the SBC does not feel that it has at this time the data necessary to present to Town Meeting and ultimately to the voters of Reading which would enable them to make an informed decision. As a result, the School Building Committee has formulated the following course . of action: (1) It has begun and will continue a discourse with a high school based building committee made up of administrative and teaching staff to further define the needs of the building and most importantly determine the effect negatives within the building have on the education of the students of Reading Memorial High School. (2) It will continue to work with the architect of the feasibility study to explore various options and the costs thereto of curing the difficulties of the building. (3) It will bring to Town Meeting in the Spring a recommendation which fiilly answers and completely addresses the problems of this building and as a part of that plans to ask for two Articles within that Warrant. One will be an Article to address the Killam School renovations, an issue still pending at the elementary level that request will be for between $18,000 and $20,000. The second article will ask Town Meeting to fund 10 Subsequent Town Meeting November 13, 2000 full architectural renderings and plans for Reading Memorial High School. Plans able to detail the project to be done and the costs associated with it. This Article, by its very nature, will be for a significant sum of money estimated to be up to $500,000.00. And here is the rub, while the high school project will be subject to debt exclusion vote by the people and this architectural cost will be part of that exclusion question, if that question fails this amount for frill architectural drawings still must be paid a significant sum to pay in order to ask a question of the voters - but we are to put it gently to Town Meeting - darned if we do and darned if we won't. Without that data, we would be unable to answer and thus convince the voters of the need nor able to demonstrate the answer. With it, if we do not convince theirs we have incurred significant expense for an undesired answer. We believe, despite this dilemma, that this represents the best course to follow in a needed attempt to address this problem which in one way or another must be looked at by the community. The School Committee in its meeting of November 2 voted to unanimously support this proposed course of action. On December 5, the SBC, the School Committee, the Finance Committee and the Board of Selectmen will meet in a round table discussion of this project. We urge your participation at this and at all future meeting relative to this project. This building ultimately serves every child in the Reading school system. This building beyond the school system serves the needs of the community in a variety of very positive ways. It is the flagship of the school system, and as our presence here tonight demonstrates, it is the primary gathering place for Town activities. It ought to be a source of pride for Reading - it must be a facility able to serve our children in their quest for education - it should be able to serve the cultural and social needs of the community at large. If any building deserves your involvement and concern, surely it is this building. The importance of this building demands that attention from the entire community in a concentrated effort to make it what it ought to be and with that commitment assuredly can be. 11 Subsequent Town Meeting November 13, 2000 ARTICLE 1 - Matthew Nestor, Chairman of the Board of Selectmen gave a brief status report on the Reading Business Park. ARTICLE 1 - Town Planner, Anne Krieg, presented the following Pearson Development Progress Report: Addison-Wesley Re-Development Community Planning and Development Commission Community Development Lot for Sale - Inquire Within * individual site tours occurring for prospective buyers a conduct a Call for Offers in December a terms of sale in return a building vacated in January 2001 Q close in first 1/4 of 2001 Q permitting thereafter by new owner Overall Status of Project 0 Scenic Wav modification to South Street Traffic Mitigation Plan Tambone 0 Exxon 0 All mitigation to be constructed by new owner as part of permitting process Future Involvement of Town Meeting ® Town Meeting acceptance of newly aligned road upon completion ® more zoning? hopefully not. ARTICLE 1 - Nancy Eaton presented the following Report on Community Preservation Act: This report is to inform Town Meeting about an important piece of state legislation that was recently enacted to help communities exercise control over local planning decisions. This legislation strengthens and empowers Massachusetts communities: Key Elements: All decisions are local. Each community votes by ballot to decide whether to adopt the CPA. A committee of local people draws up plans for use of the funds. The plan is subject to local comment and approval. 12 Subsequent Town Meeting November 13, 2000 If the plan is not working for the community, it can be voted out. Community Preservation Fund must be used for three core community concerns: Acquisition, creation and preservation of open space (including recreation), Creation and preservation of community housing, and Acquisition, creation and preservation of historic structures and landscapes. How is the money spent? Minimum of 10% used annually for each of the three community concerns. Remaining 70% used for any combination of the allowed uses decided locally. Administrative and Operating Expenses may be funded up to 5% The Process: 1. Town Meeting votes to adopt the Community Preservation Act (CPA). 2. Community determines the amount of surcharge, up to 3%, that will be assessed on the real property tax levy. In addition to exemptions for elderly, veterans, disabled already exempted under Chapter 59, local communities can also choose to make exemptions to (1) those individuals owning and occupying property, who would qualify for low income or low/moderate income senior housing, (2) Class 3 and 4 categories of commercial and industrial land and/or (3) the first $100,000 of value. 3. CPA submitted to voters at the next regular municipal or state election as a ballot question. Citizens can also place the CPA on the ballot through the initiative process. 4. Town Meeting or Board of Selectmen appoints a Community Preservation Committee, 5-9 members, of at least one member of the following groups: a. Conservation Commission b. Community Planning and Development Commission c. Historical Commission d. Recreation Committee or Park Commission e. Housing Authority f. Bylaw to designate others 5. A newly created Community Preservation Committee holds public hearings, studies the municipality's needs and resources, consults local boards and makes specific recommendations on CPA projects. Citizen input is also welcomed. Appropriation of funds requires approval by Town Meeting. 13 Subsequent Town Meeting November 13, 2000 6. After local adoption of the Act, the Department of Revenue certifies the percentage of the surcharge and the amount raised by the surcharge in the past fiscal year. 7. The state will contribute to the community preservation efforts by collecting a surcharge on all filings at the Registry of Deeds and registered land with the Land Court. This money will be put into the Massachusetts CPA Trust Fund to be administered by the Department of Revenue. 8. The State Revenue Commissioner determines the annual distribution of state CPA money according to a formula. a. 80% of total amount goes to participants in proportion to the amount that city or town raised through its own CPA surcharge. (match) b. 20% goes into a second pool of money divided according to a formula to aid smaller or less affluent communities. (equitable) c. Each community is assigned a rank for purposes of the equity distribution based on equalized property valuation per capita ranking and population. The average is the CP raw score for the community. All communities who have adopted the CPA are then ranked by decile with equal numbers in each group to determine their base percent figure. d. No city or town is eligible for a state match that is more than the revenue raised through the local real property tax surcharge. e. Community is eligible for the state grant every year it maintains its own CPA surcharge. State contribution is permanent, not based on bonding or legislative appropriations. f. If less than 10% of the communities in the Commonwealth have adopted the CPA, there may be only one round of distributions. 9. Communities can opt out of the CPA after 5 years and end the surcharge but collections would continue as long as there are outstanding bonds. Since 1980 over 70 communities have filed home rile petitions with the legislature to enact this type of legislation. Martha's Vineyard and Nantucket Islands have had a real estate transfer tax for more than 12 years. The Cape was allowed to enact a surcharge to pay for land acquisition and protect their water supply more recently. Statewide enabling legislation now allows all Massachusetts communities to have the same choice. 14 Subsequent Town Meeting November 13, 2000 Since 1950 development has outpaced population growth in Massachusetts. While the population has grown 28%, the amount of land developed has grown 188%. Although there are many state and federal grant programs, most are underfunded and oversubscribed. Each community's request competes with every other for limited funds. Decisions on who gets matching grants are made by people outside the community. TOWN MEETING QUESTIONNAIRE COMMUNITY PRESERVATION ACT I would support the placing of a referendum question on the ballot at a local election to allow the voters to decide whether the Town should implement the Community Preservation Act. Oyes ❑No ❑Undecided To provide funding for open space (including active recreation), historic preservation and community housing in Reading, I would support a real estate surcharge of- 0 3% *$876,000 ❑ 2% *$584,000 ❑ 1% *$292,000 ❑ Other * numbers estimate the Town contribution that each percentage could raise based on FY2000 net real estate tax levy of $29,196,190. To provide funding for open space (including active recreation), historic preservation and community housing in Reading, I would support the Community Preservation Act with the following exemptions: Any taxpayer receiving an exemption on real property authorized by Chapter 59, or any other law, shall be exempt from any surcharge on real property established under this section. ❑ Property owned and occupied by a person who would qualify as low income or low/moderate income senior housing ❑ Class 3 commercial and class 4 industrial properties in cities or towns with classified tax rates (not applicable in Reading) 15 Subsequent Town Meeting November 13, 2000 ❑ Exclusion of the first $100,000 of value Comments: COMMUNITY PRESERVATION ACT Community Preservation Fund must be used for three core community concerns: The acquisition, creation and preservation of open space (including recreation), The creation and preservation of community housing, and The acquisition, creation and preservation of historic structures and landscapes, The Open Space & Recreation Plan Survey results showed strong community support for protection of open spaces and for funding them. Local adoption of the Community Preservation Act is one of the major goals of the 2000 Open Space & Recreation Plan, which is ready to be printed. The answers to this questionnaire will also be used as community input to the Board of Selectmen in deciding whether to place a Warrant Article to adopt the Community Preservation Committee at a 'future Town Meeting and how that motion should be worded. The Board of Selectmen may also be asked to appoint a Task Force to study the issue - before deciding on such a Warrant Article and Referendum Question. 16 Subsequent Town Meeting November 13, 2000 Definitions "Community'preservation" - the acquisition, creation and preservation of open space, the acquisition, creation and preservation of historic structures and landscapes and the creation and preservation of community housing. "Community Housing" - low and moderate income housing for individuals and families, including low or moderate income senior housing. "Low income housing" - housing for those persons and families whose annual income is less than 80 per cent of the areawide median income. The areawide median income shall be the areawide median income as determined by the United States Department of Housing and Urban Development. "Low or moderate income senior housing" - housing for those persons having reached the age of 60 or over who would qualify for low or moderate income housing. "Moderate income housing" - housing for those persons and families whose annual income is less than 100 per cent of the areawide median income. The areawide median income shall be the areawide median income as determined by the United States Department of Housing and Urban Development. "Historic structures and landscapes" - a building, structure, vessel or real property that is listed or eligible for listing on the state register of historic places or has been determined by the local historic preservation commission to be significant in the history, archeology, architecture or culture of a city or town. "Open space" - shall include, but not be limited to, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and salt water marches and other wetlands, ocean, river, stream lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use. "Recreational use" - active or passive recreational use including, but not limited to, the use of land for community gardens, trails, and noncommercial youth and adult sports, and the use of land as a park, playground or athletic field. "Recreational use" shall not include horse or dog racing or the use of land for a stadium, gymnasium or similar structure. ARTICLE 1 - On motion by Camille W. Anthony, Precinct 5, it was moved that the subject matter of Article 1 be tabled. 17 Subsequent Town Meeting November 13, 2000 ARTICLE 2 - On motion by George V. Hines, Precinct 7, it was moved that the subject matter of Article 2 be tabled. ARTICLE 3 - On motion by Camille W. Anthony, Precinct 5, it was moved that the subject matter of Article 3 be indefinitely postponed. ARTICLE 4 - On motion by Carol S. Grimm, Precinct 8, it was voted to amend the following votes taken under Article 13 of the Warrant of the Annual Town Meeting of April 24, 2000, relating to the Fiscal Year 2001 Municipal Budget, and that the Town transfer from or to available funds and appropriate as the result of any such amended votes for the operation of the Town and its government, the following: FY 2001 BUDGET TRANSFERS Account Description H Source of Funding C13 Technology - Expenses $6,500 Free Cash D16 Legal - Expenses $10,000 Free Cash E12 Health - Salaries $2,500 Free Cash E12 Elder Services - Salaries $5,324 Transfer from E13 - Elder Services Expenses E13 Elder Services - Expenses $5,324 G9 Fire - Salaries $33,000 H9 Public Works - Salaries $33,000 Transfer from G9 - Fire Salaries H15 Cemetery Expenses $2500 Cemetery Sale of Lots 15 Building Maintenance $40,000 Free Cash J School - Special Counsel $53,000 Free Cash M8 Group Health/Life Insurance $65,000 Free Cash M8 Medicare/Social Security $50,000 Free Cash M8 Worker's Comp $30,000 Free Cash On motion by William C. Brown, Precinct 8, it was moved to amend Article 4 by removing Line H15 because of lack of notice. Motion to amend did not carry. ARTICLE 5 - On motion by Camille W. Anthony, Precinct 5, it was moved pursuant to section 5.6.7 of the General Bylaws to establish the annual fees to be charged for licensing dogs in accordance with the following schedule. Such fees will go into effect 18 Subsequent Town Meeting November 13, 2000 on January 1, 2001 and shall remain in effect until superseded by further vote of Town Meeting. Dog License Fees Ten dollars ($10) for every altered male or spayed female dog. Fifteen dollars ($15) for every unaltered male or unspayed female dog. All other terms of dog license fees currently in effect shall remain in effect. On motion by Mary Ellen O'Neill, Precinct 6, it was voted to amend Article 5 by increasing Dog License Fees for unaltered male or unspayed female dogs to Twenty dollars ($20). Dog License Fees Ten dollars ($10) for every altered male or spayed female dog. Twenty dollars ($20) for every unaltered male or unspayed female dog. All other terms of dog license fees currently in effect shall remain in effect. ARTICLE 6 - On motion by George V. Hines, Precinct 7, it was voted to raise by borrowing whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority the sum of $310,230.08 for highway projects in accordance with Chapter 90, Massachusetts General Laws. ARTICLE 7 - On motion by Camille W. Anthony, Precinct 5, it was moved to amend the General Bylaws of the Town by adding the following Section 5.16 relating to Recreational Motorized Vehicles: "5.16 Recreational Motorized Vehicles 5.16.1 Definitions 5.16.1.1. Recreational Motorized Vehicle: A vehicle capable of being propelled by gasoline, electricity/battery or any other fuel type or source, including but not limited to snowmobiles, all-terrain vehicles, mini-bikes, mopeds, scooters and go-carts, but not including automobiles, buses and trucks. 5.16.2 No recreational motorized vehicle shall be operated on any street, public way, private way, sidewalk, public parking area, or any other public property in the Town unless the recreational motorized vehicle has been registered with the Commonwealth of Massachusetts for such use and it is being operated in accordance with the terms and conditions 19 Subsequent Town Meeting November 13, 2000 of any such registration. This Bylaw shall not be deemed to modify or amend the duly adopted regulations of any Board, Committee, Commission or agency of the Town that otherwise regulates the use of recreational motorized vehicles on public property. 5.16.3 In addition to any other means of enforcement, the provisions of this Bylaw may be enforced by non-criminal disposition in accordance with the provisions of Section 5.11 of these Bylaws and Section 21D of Chapter 40 of the General Laws." On motion by Harvey J. Dahl, Precinct 8, it was moved to amend Section 5.16.1 by deleting "and trucks" and replacing it with trucks, and motorized wheelchairs" On motion by William C. Brown, Precinct 8, it was moved to amend Section 5.16.1 by adding "golfcarts" after the word "mopeds,". On motion by Paul C. Dustin, Precinct 5, it was moved to indefinitely postpone the subject matter of Article 7. On motion by Virginia M. Adams, Precinct 2, it was moved to table the subject matter of Article 7. 57 voted in the affirmative 72 voted in the negative Motion to table did not carry. On motion by Michael F. Slezak, Precinct 6, it was voted to move the question of indefinite postponement. 2/3 vote required 96 voted in the affirmative 31 voted in the negative On motion by Paul C. Dustin, Precinct 5, it was voted to indefinitely postpone the subject matter of Article 7. Postponement carried. ARTICLE 8 - On motion by Philip B. Pacino, Precinct 4, it was voted to indefinitely postpone the subject matter of Article 8. ARTICLE 9 - On motion by Paul A. Kelley, Precinct 5, it was moved to create a Human Relations Commission as an agency of the Town to preserve and maintain the human 20 Subsequent Town Meeting November 13, 2000 rights of the citizens of the Town and others having contact with the Town, to encourage an environment of tolerance, understanding and harmonious racial, ethnic, religious, cultural and gender relations within the Town and among its citizens, to enhance its ability to mediate differences arising from the aforesaid relations and for that purpose amend Article 3 of the General Bylaws by adding the following Section 3.9: 3.9 Human Relations Commission 3.9.1 There shall be a Human Relations Commission consisting of nine (9) members who reside in the Town or have their place of business in the Town of whom three permanent members shall be as follows:, one member shall be a member of the Board of Selectmen or its designee, one member shall be the Chief of Police or his/her designee, and one member shall be the Superintendent of Schools or his/her designee, who may be a teacher or a member of the School Department staff. The remaining members shall be appointed by the Board of Selectmen for three-year terms so arranged that as near as possible an equal number of terms shall expire each year and to the extent possible be a diverse and representative group drawn from the following fields: one representative of a business other than the real estate business or a business association, one representative of a real estate business or association, one member of the Reading Clergy Association and three residents of the Town. 3.9.2 The Commission shall elect a Chair by majority vote of the members. The Commission may invite to serve as nonvoting members such voluntary consultants in the field of human relations or human rights as it may choose from time to time. The Commission may expend such money as shall be appropriated therefor and may accept such grants or voluntary contributions as may be given or donated to it for its purposes. The Town Manager may assign a liaison representative to the Commission to arrange for staff support without the expenditure of additional fiends to the extent possible. The Commission shall meet at least bimonthly and shall meet within ten days of a written request by not less than five (5) citizens of the Town or at the request of an Official Body filed with the Town Cleric. 3.9.3 The mission of the Commission shall be to preserve and maintain the rights of citizens and visitors to the Town and to promote an environment of tolerance, understanding and hanmonious racial, ethnic, religious, cultural and gender relations in the Town of Reading and it shall work to prevent discrimination or the perception of discrimination on the basis of color, age, gender, religion, disability, culture, national origin, ancestry or sexual orientation within the Town or among its inhabitants and to that end shall: (a) Engage in out reach to such groups which may have suffered from or been the object of such discrimination or may perceive themselves to have been the object of the same; 21 Subsequent Town Meeting November 13, 2000 (b) Provide a safe place where individuals or groups may air their concerns or complaints as to the existence of such discrimination or where concerns as to the potential existence of such discrimination within the Town or community at large or the perception thereof may be discussed; (c) Identify perceived problems of such discrimination or human relations conflicts within the Town and be a resource or referral agency to assist the parties or mediate among the parties so as, to the extent possible, permit the resolution of the same at the local level; and (d) Promote and encourage understanding, tolerance and diversity and the recognition of human and civil rights in the Town and community and sponsor educational programs and the celebrations of events for that purpose. On motion by George A. Theophanis, Precinct 4, it was moved to amend Section 3.9.1 by deleting the word "/her" in two places and to amend Section 3.9.2 by deleting the words "at least bimonthly and shall meet". Motion did not carry. On motion by John K. Downey, Precinct 8, it was moved to indefinitely postpone the subject matter of Article 9. On motion by Michael P. Flammia, Precinct 6, it was voted to move the question of indefinite postponement. 2/3 vote required 81 voted in the affirmative 44 voted in the negative Moving the question of indefinite postponement did not carry. On motion by John K. Downey, Precinct 8, it was moved to indefinitely postpone the subject matter of Article 9. Motion to postpone did not carry. On motion by Timothy R. Twomey, Precinct 4, it was moved to amend Section 3.9.1 by deleting "Superintendent of Schools or his/her designee who may be a teacher or a member of the School Department Staff." and replacing it with "School Committee or its designee." 22 Subsequent Town Meeting November 13, 2000 Motion to amend by Timothy R. Twomey was acceptable to maker of the original motion with no objection from Town Meeting and considered to be part of the original motion. On motion by George V. Hines, Precinct 7, it was moved to amend Section 3.9.3 by deleting the words "to preserve and maintain the rights of citizens and visitors to the Town and". Motion to amend by George V. Hines was acceptable to maker of the original motion with no objection from Town Meeting and considered to be part of the original motion. On motion by Harvey J. Dahl, Precinct 8, it was moved to amend Section 3.9.1 by deleting the words "one member of the Reading Clergy Association" and changing "three" residents of the Town to "four" residents of the Town. On motion by John. E. Carpenter, Precinct 7, it was moved to amend Section 3.9.2 by deleting the sentence "The Commission may expend such money as shall be appropriated therefor and may accept such grants or voluntary contributions as may be given or donated to it for its purposes." On motion by Marc Guyott, Precinct 1, it was voted to table the subject matter of Article 9. On motion by William C. Brown, it was moved to adjourn. Motion to adjourn did not carry. ARTICLE 10 - On motion by Camille W. Anthony, Precinct 5, it was voted to transfer the care, custody, management and control of the following described land or portions thereof from the Board of Selectmen to the Conservation Commission for conservation, water supply and drainage purposes; and it was voted to authorize the Board of Selectmen to file a petition to the General Court, if necessary, for a special act or for leave of the General Court, pursuant to Articles 49 and 97 of the Articles of Amendment to the Massachusetts Constitution, or any other enabling authority, authorizing the Town to make the foregoing transfer of care, custody, management and control. Portions of Plat 171, Parcel 1, Board of Assessors Map dated Jan. 1, 1972 on Symonds Way, as detailed on "Plan of Land, Symonds Way in Reading, MA, dated November 7, 2000" PARCEL A Beginning at a point on the northerly sideline of Symonds Way; Thence, N 16° 07' 22" W, a distance of 223.00 feet to a point; Thence N 56° 04' 26" E, a distance of 332.98 feet to a point; Thence N 55° 39' 43" E, a distance of 104.07 feet to a point; 23 Subsequent Town Meeting November 13, 2000 Thence N 55° 39' 45" E, a distance of 22.93 feet to a point; Thence N 16° 15' 19" W, a distance of 273.26 feet to a point; Thence N 15° 49' 01" W, a distance of 103.41 feet to a point; Thence N 65° 17' 56" E, a distance of 716.33 feet to a point; Thence S 86° 13' 12" E, a distance of 96.79 feet to a point; Thence N 71° 11' 24" E, a distance of 152.46 feet to a point; Thence S 07° 27' 57" W, a distance of 377.77 feet to a point; Thence N 49° 36' 31" W, a distance of 143.33 feet to a point; Thence N 09° 12' 28" W, a distance of 34.37 feet to a point; Thence N 72° 05' 55" W, a distance of 58.24 feet to a point; Thence N 49° 36' 31" W, a distance of 153.29 feet to a point; Thence S '65° 17' 56" W, a distance of 132.05 feet to a point; Thence S 08° 56' 14" W, a distance of 394.22 feet to a point; Thence S 54° 55' 31" E, a distance of 75.85 feet to a point; Thence N 77° 36' 21" E, a distance of 89.10 feet to a point; Thence S 30° 21' 30" E, a distance of 41.66 feet to a point; Thence S 53° 50' 00" W, a distance of 367.50 feet to a point of curvature; Thence by a curved line to the left, having a radius of 140.00 feet, a distance of 63.33 feet to a point of curvature; Thence by a curved line to the right, having a radius of 100.00 feet, a distance of 127.35 feet to a point; Thence N 79° 06' 59" W, a distance of 34.16 feet to a point of curvature; Thence by a curved line to the left, having a radius of 81.00 feet, a distance of 66.54 feet to a point; 24 Subsequent Town Meeting November 13, 2000 Thence S 53° 48' 49" W, a distance of 117.45 feet to a point of curvature; Thence by a curved line to the left, having a radius of 55.00 feet, a distance of 37.34 feet to a point; Thence S 14° 54' 39" W, a distance of 8.35 feet to a point of curvature; Thence by a curved line to the right, having a radius of 159.60 feet, a distance of 153.79 feet to a point, said point being the point of beginning of this description. Containing 371,071 square feet more or less or 8.519 acres. 2/3 vote required 96 voted in the affirmative 1 voted in the negative ARTICLE 11 - On motion by Camille W. Anthony, Precinct 5, it was voted to accept the report of the Board of Selectmen upon the laying out as a public way of the following described private way known as Sunset Rock Lane under the provision of law authorizing the assessment of betterments, such highway being laid out in accordance with plans duly approved by the Board of Selectmen and filed in the Office of the Town Cleric in accordance with the statutory requirements, and it was voted to authorize the Board of Selectmen to take such land in fee or rights of easement therein by eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or acquire said land in fee or rights of easement therein by purchase, gift or otherwise and to assess betterments therefor and it was voted to accept the public way laid out by the Board of Selectmen as Sunset Rock Lane, and it was voted to appropriate from "certified free cash" the sum of one dollar ($1) for the acquisition of said land or easements therein or for payment of any eminent domain damages, said sum to be spent by and under the direction of the Board of Selectmen: Proposed Public Way: Sunset Rock Lane Beginning at a point on the northerly sideline of Franklin Street, said point being a drill hole; Thence, by a curved line to the left, having a radius of 22.00 feet, a distance of 32.36 feet to a point; Thence, N 06° 12' 27" W, a distance of 294.15 feet, to a point of curvature; Thence, by a curved line to the right, having a radius of 525.00 feet, a distance of 245.53 feet to a point; Thence, N 20° 35' 18" E, a distance of 29.61 feet, to a point of curvature; Thence, by a curved line to the left, having a radius of 250.00 feet, a distance of 158.67 feet, to a point of curvature; 25 Subsequent Town Meeting November 13, 2000 Thence, by a curved line to the left, having a radius of 25.00 feet, a distance of 33.66 feet, to a point of curvature; Thence, by a curved line to the right, having a radius of 60.00 feet, a distance of 177.77 feet to a point; Thence, N 02° 14' 46" W, a distance of 25.43 feet, to a point; Thence, S 08° 06' 18" E, a distance of 40.92 feet, to a point; Thence, S 02° 14' 46" E, a distance of 23.02 feet, to a point of curvature; Thence, by a curved line to the right, having a radius of 60.00 feet, a distance of 71.41 feet, to a point of curvature; Thence, by a curved line to the left, having a radius of 50.00, a distance of 24.08 feet, to a point of curvature; Thence, by a curved line to the right, having a radius. of 300.00 feet, a distance of 22 8.94, to a point; Thence, S 20° 35' 18" W, a distance of 29.61 feet, to a point of curvature; Thence, by a curved line to the left, having a radius of 475.00 feet, a distance of 222.15 feet to a point; Thence, S 06° 12' 27" E, a distance of 259.19 feet to a point of curvature; Thence, by a curved line to the left, having a radius of 45.12 feet, a distance of 75.37 feet, to a point; Thence S 78° 04' 43" W, a distance of 120.02 feet to a point, said point being the point of beginning of this description. On motion by William C. Brown, it was voted to question the quorum. 99 members present On motion by William C. Brown, it was moved to table the subject matter of Article 11. Motion did not carry. 2/3 vote required 87 voted in the affirmative 7 voted in the negative Motion carried. 26 Subsequent Town Meeting November 13, 2000 - ARTICLE 12 - On motion by Sally M. Hoyt, Precinct 4, it was voted to authorize the Board of Selectmen to convey and/or abandon certain sewer, drainage and/or water rights and easements in Reading, Middlesex County, MA located on land situated off of Walkers Brook Drive and Newcrossing Road which easements are shown on a plan entitled: "Reading Sewerage System, Plan Showing Easements on Main Interceptor from Ash Street to John Street, dated March, 1917"; for the minimum amount of one dollar ($1) for each such conveyance or abandonment, and that the Town authorizes the Board of Selectmen to convey or abandon all or any part of said rights and easements for such amount or a larger amount, and upon such other terms and conditions as the Board of Selectmen shall consider proper and to deliver a deed or deeds therefor if necessary. 2/3 vote required 92 voted in the affirmative 0 voted in the negative Motion carried. On motion by William C. Brown, it was voted to question the quorum. 92 members present Town Moderator states that since we do not have a quorum present, this Subsequent Town Meeting stand adjourned to meet at 7:30 p.m. at the Reading Memorial High School, Monday, November 16, 2000. Meeting adjourned at 11:40 p.m. 144 Town Meeting Members were present. A true copy. Attest: 4CherylCA/. John on erk 27 Subsequent Town Meeting November 13, 2000 SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2000 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 The Reverend Kevin Vendt, First Baptist Church, followed by the Pledge of Allegiance to the Flag. ARTICLE 13 - On motion by Richard W. Schubert, Precinct 7, it was voted to amend Section 6.3.1.1.a. of the Zoning By-Laws relating to non-conforming lots by adding at the end thereof the following two sentences: "Acquisition for a public purpose shall include an acquisition of a portion of a lot by a private or public entity for a public purpose under applicable law including, without limitation, roadway improvements. Such acquisition may be made by private conveyance or a public taking." so that said Section 6.3.1. La. shall read as follows: "6.3.1.1.a. Any lot that has been built upon may be changed in size or shape so as to create or increase violations of the area, yard or coverage provisions of this By-Law, only if such change is due to an acquisition of a portion of the lot for a public purpose. Acquisition for a public purpose shall include an acquisition of a portion of a lot by a private or public entity for a public purpose under applicable law including, without limitation, roadway improve- ments. Such acquisition may be made by private conveyance or a public taking." 2/3 vote required 131 voted in the affirmative 1 voted in the negative ARTICLE 14 - On motion by Richard W. Schubert, Precinct 7, it was voted to amend Section 6.3. of the Zoning By-Laws relating to non-conforming conditions by adding at the end thereof the following as Section 6.3.4. "6.3.4. Restoration of Non-Conforming Structures Located in the Business A District: 6.3.4. LA structure located in the Business A District and located on a lot with frontage on a state-controlled highway which has become dimensionally non-conforming as a result of an acquisition of a portion. of the lot for a public purpose as defined in Section 6.3.1.La. above and which subsequently has been damaged by fire, flood or other casualty or by vandalism, may be rebuilt and restored without conformance to the then current provisions of this By-Law, provided that the reconstructed structure: a. Is built entirely within the footprint of the damaged structure; b. Does not exceed the height of the damaged structure; and c. Has a gross floor area not in excess of the damaged structure." 2/3 vote required 122 voted in the affirmative 1 voted in the negative On motion by Linda M. Phillips, Precinct 6, it was voted to remove Article 2 from the table. ARTICLE 2 - On motion by Linda M. Phillips, Precinct 6, it was moved to instruct the Board of Selectmen to clarify the School Building Committee's role as originally stated by Town Meeting of December 1988, "To carry out a long-range building program and to originally equip the additional facilities" to include "Identify to Town Meeting the needs, initiate all School Building Program studies for appropriation and to follow the approved projects through to completion - bringing all available options to Town Meeting for review, deliberation, funding and approval." All records and copies of minutes, studies, etc., regarding School Building Projects shall be kept in the Town Clerk's office as required by State Law. All members shall declare in writing to the Clerk all business and professional associations in order to be or continue on the Committee - if not already declared. Membership replacement, when vacancies occur will be on a voluntary basis that fulfills the composition requirement of the Committee, appointed by the Moderator. This motion affects all current and future school building studies or projects. Restating 1992 Subsequent Town Meeting expanding the membership on the School Building Committee: © 1 member of the School Committee a 1 member of School Administration a 1 member Teacher's Representative 0 1 Town Meeting Member a 7 citizens at large 11 TOTAL Motion did not carry. ARTICLE 2 - On motion by George A. Theophanis, Precinct 4, it was moved to instruct the - Board of Selectmen to call a meeting of the Reading Municipal Light Board, the Finance Committee, the Bylaw Committee and the Town Accountant, with the Chairman of the Board of Selectmen acting as Chairman, in regard to the question of the number of RMLD Board signatures required on the warrants for the payment of bills which was the subject matter of 2 Subsequent Town Meeting November 16, 2000 Article 8 of this Town Meeting. The purpose of this meeting will be to bring together a meeting of minds on this subject in the hopes of development a solution acceptable to all. Moderator could not determine count Counted Vote Requested 58 voted in the affirmative 59 voted in the negative 1 abstention Motion did not carry. ARTICLE 2 - On motion by Gail F. Wood, Precinct 2, it was moved to instruct the Board of Selectmen to investigate the appointment of a "Human Relations Committee" as an advisory committee to the Board of Selectmen. Motion carried. ARTICLE 2 - On motion by William C. Brown, Precinct 8, it was moved to instruct the Board of Selectmen to create a charter committee: Section 2-12 Establishment of Standing Committees FINCOM - appointed by Rules Committee Rules Committee - Moderator chairs Section 2-15 Referendum Procedures provision should be made for citizens referendum Section 5-1 Appointment, Qualifications, Term - Assistant Town Manager Section 6-4 Department of Public Works does not allow for them to do School Building and Ground No Provision for Town Clerk Section 8-10(b) Procedures of Multiple-Member Bodies - Rules and Minutes allows every committee etc. to set own rules, all committees, etc. should be governed by the same riles. Roberts Rules of Order. Motion did not carry. On motion.by George V. Hines, Precinct 7, it was voted to lay Article 2 on the table. Town Moderator, Alan Foulds, would like to take a moment of personal privilege. As I am sure most or all have read, we will have a new Town Counsel starting in January. I would like to take Subsequent Town Meeting November 16, 2000 this opportunity to thank our current Counsel, Ted Cohen, for his 28 years of dedicated service to the Town, and to this Town Meeting. For the past four years that I have been Moderator, as well as times in the past when serving on various committees, I have observed the professionalism with which he served his "second" home. Again, thank you Mr. Cohen, and I wish you well. On motion by George V. Hines, Vice-Chairman of the Board of Selectmen, it was voted that the Subsequent Town Meeting stand adjourned sine die at 8:54 p.m. 136 Town Meeting Members were present. A true copy. Attest: / Che A. JohVo Town Clerk 4 Subsequent Town Meeting November 16, 2000