HomeMy WebLinkAbout2009-11-09 Subsequent Town Meeting Warrant ReportTown of
Reading
Massachusetts
Report On the Warrant
Subsequent Town Meeting
November 9, 2009
SUBSEQUENT TOWN MEETING
NOVEMBER 9, 2009
TABLE OF CONTENTS
Article
Title
Sponsor
page #
1
Reports
Board of Selectmen
1
2
Instructions
Board of Selectmen
1,2
3
Amend Capital Improvements Program
FY 2010 - FY 2019
Board of Selectmen
2
4
Amend the FY 2010 Budget
Finance Committee
3-5
5
Payment of Prior Years Bills
Board of Selectmen
5
6
Disposal of Tangible Property
Board of Selectmen
5
7
Acceptance of COLA for Exemptions
Board of Assessors
5,6
8
Rescind Debt Authorization
Board of Selectmen
6
9
Sewer 1/1 Grant/Loan
Board of Selectmen
6,7
10
Authorize the sum of $60,000 for Design of a
Building at Laurel Hill Cemetery
Board of Cemetery
Trustees
8
11
Acceptance of Restaurant Meals Tax
Board of Selectmen
8,9
12
Amend General Bylaws Section 5.5.4 re:
Alcohol or public property with approval of
Board of Selectmen
Board of Selectmen
9,10
13
Amending General Bylaws Section 4.5.2
re: Junk
Board of sesso
G 1
10-13
14
Approve Amendments to the Cemetery Rules
and Regulations
Board of Cemetery
Trustees
13-17
15
Amending Section 6.3.17 of Zoning By-Laws
re: Non-Conforming Structures
Board of Selectmen
17,18
16
Rescinding West Street Historic District Bylaw
Board of Selectmen
18,19
APPENDIX
RMLD Highlights
22
Board of Selectmen Policy on Outdoor Dining
23-25
FY 2010-FY 2019 Capital Improvements
Program
Blue Pages
26-33
Conduct of Town Meeting
34-40
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 9, 2009, 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
Background: This Article appears on the Warrant for all Town Meetings. At this
Subsequent Town Meeting, the following report(s) are anticipated:
i • RMLD Report (see Appendix)
® State of the Schools Report
® Report on Instructional Motion re: Cemetery Garage
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 2 To choose all other necessary Town Officers and Special Committees
and determine what instructions shall be given Town Officers and Special Committees, and
to see what sum the Town will raise by borrowing or transfer from available funds, or
otherwise, and appropriate for the purpose of funding Town Officers and Special
Committees to carry out the instructions given to them, or take any other action with respect
thereto. -
Board of Selectmen
Background: This Article appears on the Warrant of all Town Meetings. There are no
known Instructional Motions at this time. The Town Moderator requires that all proposed
Instructional Motions be submitted to the Town Clerk in advance so that Town Meeting
Members may be "warned" as to the subject of an Instructional Motion in advance of the
motion being made. Instructional Motions are normally held until the end of all other
business at Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 3 To see if the Town will vote to amend the FY 2010 - FY 2019, Capital
Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or
take any other action with respect thereto.
Board of Selectmen
Background: The following amendments are proposed to the FY 2010 - FY 2019 and FY
2020 Capital Improvements Program (CIP). These amendments need to be included in the
CIP in order for Town Meeting to consider funding them under the various Articles at Town
Meeting. The full revised CIP is included in the blue pages in the back of this report.
The following are proposed modifications to the CIP previously approved at the
Annual Town Meeting in April 2009:
• C1 to C99 - All FY 2020 items are new to the CIP;
• C1 to C99 - Several energy-related items have been deleted from the CIP as
they are being funded by the debt for Performance Contracting;
• C1 to C99 - Some items have been updated to reflect current cost estimates;
• C1 to C99 - Some items have been moved ahead in time or further into the
future reflecting changing priorities;
• C2 (Buildings - Schools) - Add a Phone System for Coolidge MS in FY 2017
($50,000);
• C4 (Buildings - Town) - Add an Elevator Controller for the Library in FY 2012
($35,000);
• C9 (Public Safety - Fire) - Add a Patient Care Reporting System for Fire
Department ALS Ambulance Service in FY 2011 ($25,000);
• C12 (DPW - Parks and Cemetery) - Several new items have been added to
the Parks list of capital, reflecting further investigation by planners for
Washington Park and the Birch Meadow complex. Some backstop projects
now include re-grading the infields.
Finance Committee Report: The Finance Committee voted to recommend the subject
matter of this Article at a meeting on October 14, 2009 by a vote of 8-0-0. This Article.brings
the items into the capital plan for consideration but does not establish the funding priority.
Bylaw Committee Report: No report.
2
ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken
under Article 14 of the April 27, 2009 Annual Town Meeting relating to the Fiscal Year 2010
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.
Finance Committee
Background:
General Fund - Wages and Expenses - Block A
Account Line
Description
Decrease
Increase
FINCOM Vote
B99
Benefits - Expenses
• Health Insurance
$175,000
.9-0-0
D99
Debt Service
Performance Contracting
$60,000
9-0-0
E97
Northeast Vocational
Ongoing budget discussions
$28,257
0-8-1
G92
Town Administration - Expenses
P&C Insurance
$15,000
9-0-0
K91
Community Services - Wages
Planning
$12,000
9-0-0
K92
Community Services - Expenses
• Veteran's Benefits
$50,000
9-0-0
Subtotals
$190,000
$150,257
Net Operating Expense
$39,743
Reductions and Transfers
Net Change in Revenues
$130,000
New Growth +$250k
• Reading Ice AA - $120k
$169,743
Reduce Free Cash Use from
$346,805 to $177,062
Changes to the FY10 Budget shown in Block A reflect the need to alter a previously voted
expense line item or to update FY10 revenue figures.
3
General Fund - Wages and Expenses - Block B
Account Line
Description
Decrease
Increase
FINCOM Vote
V99
School Department
• Reduce General Fund
$842,443
9-0-0
Expense to allow payment
b Federal Grant
Subtotals
$842,443
Net Operating Expense
$842,443
Reductions and Transfers
NOTE: Net Change in Revenues
$842,443
• Fed Grant replaces State
Aid
Changes to the FY10 Budget shown in Block B reflect the need to follow the Federal
Government's instructions to remove a grant-funded portion of the School Department
Budget both from the voted general fund budget and from the expected general fund
revenues. There is no impact on the amount of funds available to the School Department
for FY10. Essentially, the Commonwealth has substituted this federal grant funding for what
would have been traditional State Aid.
General Fund - Capital - Block C
Account Line
Description
Decrease
Increase
FINCOM Vote
C7
Finance Department -
Assessors
$75,000
9-0-0
• Replace Assessor's
Software System
Subtotals
$75,000
Net from Operating
$75;000
Transfers and Available
Funds Free Cash
This item was previously listed as a projected FY12 capital expense. Due to unexpected
staff turnover, new software is now a top priority of the elected Board of Assessors before a
new hire may be made. Concern about the existing software include the need for ongoing
support by the Commonwealth in a declining budget environment, the age of the software,
and the sparse use throughout eastern Massachusetts when the need to hire a new Town
Appraiser arises.
Finance Committee Report: The Finance Committee votes to recommend the subject
matter of this Article at a meeting on October 14, 2009 are shown in the tables above.
FINCOM reviewed the proposed FY 2010 Budget changes and with the exception of the
change to Line Item E97 for the Northeast Vocational School Budget, FINCOM voted to
support all items. The FINCOM determined that the changes (except for E97) are
reasonable and consistent with existing policies. On E97, the Northeast Vocational Budget,
the Committee voted 0-8-1 against approval based on the advice of Town Management that {
additional discussions on the budget are required before Reading should vote to support the
proposed budget.
4
Bylaw Committee Report: No report.
ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal
Year 2010 of bills remaining unpaid for previous fiscal years for goods and services actually
rendered to the Town, or take any other action with respect thereto.
Board of Selectmen
Background: There are no known prior year's bills and, therefore, it is likely that this
Article will be indefinitely postponed.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen to
sell, or exchange, or dispose of, upon such terms and conditions as they may determine,
various items of Town tangible property, or take any other action with respect thereto.
Board of Selectmen
Background: The following list of tangible property with a value in excess of $5,000 is
proposed for disposition under this Article. Between now and Town Meeting, there may be
additional items added to the list.
Bancroft Avenue Tennis Court Wind Screens. At the request of the proponents of this
project, the tennis court project included wind screens installed on the perimeter fence.
After they were installed, neighborhood residents asked that they be removed, and the
Board of Selectmen directed their removal. These wind screens are now being stored,
and we would like to sell them by any one of several means available. The initial cost of
the screens was $10,350.
Finance Committee Report: The Finance Committee voted to recommend the subject
matter of this Article at a meeting on October 14, 2009 by a vote of 9-0-0. Neighborhood
objections to the screens led to their removal, and there is no reason to keep and store
these screens.
Bylaw Committee Report: No report.
ARTICLE 7 . To see if the Town will vote to increase the senior tax exemptions as
follows:
To increase the property tax exemption allowed to. certain senior citizens and surviving
spouses and minors under Mass. General Laws Chapter 59, Section 5, Clause 17D by any
percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue; and
5
To increase the income and asset limits certain senior citizens may have to qualify for an
exemption under Mass. General Laws Chapter 59, Section 5, Clause 41C by any
percentage up to the annual cost of living adjustment (COLA) as determined by the
Commissioner of Revenue,
or take any other action with respect thereto.
Board of Assessors
Background: The Board of Assessors has decided to move to indefinitely postpone the
subject matter of Article 7, and to further consider this matter, and may bring this issue
before Town Meeting in the spring at the Annual Town Meeting.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 8 To see if the Town will vote to rescind authorized but unused debt for:
Energy and similar improvements to Town owned buildings as authorized by Article 9 on
November 10, 2008,
or take any other action with respect thereto.
Board of Selectmen
Background: Last November, Town Meeting approved $120,000 in a debt authorization
in order to complete a comprehensive energy audit of all School and Town facilities. In the
event that a performance contracting project was not undertaken, the Town would owe this
amount to the auditing firm. However, Town Meeting approved the performance contracting
project at the Annual Town Meeting in April 2009 and, therefore, no audit fees are due and
there is no further need for this debt authorization.
Finance Committee Report: The Finance Committee voted to recommend the subject
matter, of this Article at a meeting on October 14, 2009 by a vote of 9-0-0. The debt
authorization is no longer needed.
Bvlaw Committee Report, No report.
ARTICLE 9 To see what sum the Town will raise by borrowing pursuant to G.L.
Chapter 44, §7(1) or transfer from available funds, or otherwise, and appropriate for the
purpose of reconstructing surface drains, sewers and sewerage systems, including the costs
of engineering services, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be spent
under the direction of the Town Manager; and to see if the Town will authorize the Town
Manager, the Board of Selectmen, or any other agency of the Town to apply 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 to see if the Town will vote to authorize the Town Manager to enter
6
into any or all agreements as may be necessary to carry out the purposes of this Article; and
to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other
- agency of the Town to apply for 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, or take any other action with respect
thereto.
Board of Selectmen
Background: The MWRA's Infiltration and Inflow (1/1) Local Financial Assistance Program
provides support to MWRA member communities to perform sewer rehabilitation and reduce
infiltration and inflow into the sewer system. The assistance is provided through a
combination grant and no-interest loan from the MWRA. The Town allocation under Phase
7 of the program is $404,000 of which 40% ($181,800) is in the form of a grant, and 60%
($222,200) in the form of a no-interest loan. The loan is required to be paid back to the
MWRA in equal installments over a five-year period beginning one year after distribution of
the funds
Acceptance of the grant/loan offer will enable the Town to continue with its 1/1
removal program to remove unwanted sewage flows from the sewer system which reduces
excess assessments from MWRA and decreases the excess demand on the sewer system.
The Town's 1/1 removal program consists of house-to-house inspections, TV
inspections, test and sealing of manholes and sewer mains, spot repair of sewers, lining and
replacement of sewers, flow metering and gauging. Infiltration occurs when surface water
enters sewers through leaks, cracks and faulty joints in pipes and manholes. Inflow is
{ caused from storm water runoff that enters the sewer system through improper connections
such as cross connected drains, roof drains and sump pumps. The house-to-house
inspections will identify inappropriate direct connections (inflow) to the Town's sewer system
with the purpose of assisting residents with identifying methods to remove the connections.
The Town will also provide limited financial assistance to the homeowner. TV
inspections and the testing and sealing of manholes and sewer mains will continue with the
purpose of identifying and eliminating points of infiltration into the sewer system. Spot
repairs, lining and replacement of sewers are performed when damage to the sewer system
is not repairable or cost effective through internal sealing.
The Town will also perform flow metering and gauging to assist the Town in
determining the areas of the sewer system that are experiencing the highest levels
infiltration and inflow. Flow metering will also help to establish how effective the Town has
been in mitigating 1/1 for the past several years.
Finance Committee Report: The Finance Committee voted to recommend the subject
matter of this Article at a meeting on October 14, 2009 by a vote of 9-0-0. The program
provides a combination grant and interest free loan to continue a program which reduces
improper inflow and infiltration into the Town's sewer system. Reductions of infiltration result
in less water in the system while identifying improper inflow results in more paying
customers. The current phase of the program identified many improper sewer connections.
Bylaw Committee Report: No report.
j
7
ARTICLE 10 To see if the Town will vote the sum of Sixty Thousand Dollars
($60,000) from the sale of real estate and/or other funds for the purpose of designing a
building or buildings to replace the present service building in Laurel Hill Cemetery including
but not limited to design specifications, test borings, surveying and any other items
incidental thereto, said funds to be expended by the Town Manager, and that the Town
Treasurer be and hereby is authorized and instructed to transfer said funds to carry out the
purpose of this vote, or take any other action with respect thereto.
Board of Cemetery Trustees
Background: The Board of Cemetery Trustees has voted to indefinitely postpone the
subject matter of this Article.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 11 To see if the Town will vote to accept the provisions of G.L. c. 64L, §
2(a) to impose a local sales tax upon the sale of restaurant meals originating within the
Town by a vendor at the rate of .75 percent of the gross receipts of the vendor from the sale
of restaurant meals to take effect January 1, 2010, or take any other action with respect
thereto.
Board of Selectmen
Background: The Town may now approve as a local option an excise of .75% on the
sales of restaurant meals originating within the municipality by accepting the provisions of
G.L. c. 64L, § 2(a). The Massachusetts Department of Revenue (DOR) will collect the local
meals excise at the time it collects the State tax on the sale. Therefore, the local excise
applies to all meals subject to the State sales tax.
A community may not vary the rate or the meals subject to the excise. The
acceptance of the meals excise may not be rescinded for a period of three years from the
date of local acceptance. A community's acceptance of the local meals excise becomes
operative on the first day of the next calendar quarter after the vote, provided that date is at
least 30 days after the vote to accept. If not, the acceptance becomes operative on the first
day of the second quarter after the vote. If accepted by this Subsequent Town Meeting, the
Local Option Meals Excise will become effective January 1, 2010.
The Town has looked at the following issues with regard to the meals excise, and will
present updated information to Town Meeting:
♦ What are other near-by communities doing with respect to adoption of this local
option? An updated list will be presented to Town Meeting.
♦ How much money will be generated to the Town of Reading by acceptance of this
local option? The estimate is $150,000 per year. There are several estimates
available using different methodologies, and this is the mid-range of those
estimates
♦ What are the Reading establishments that sell meals that would be subject to this r..
local option? There is a list of 40 "Common Victualers" licensed t
establishments in Reading.
8
♦ Can a "sunset" of this local option meals excise be included in the acceptance?
No. If accepted by Town Meeting, Town Meeting could consider whether or
not to rescind the acceptance three or more years after it is accepted.
♦ How much of the meals excise on restaurants in Reading would be paid by
residents of Reading? There is no way to determine or even estimate this
statistic.
♦ What would the meals excise be for typical meals? For a $2.00 cup of coffee,
the additional excise would be 1.5 cents; for a $10.00 meal, the additional
excise would be 7.5 cents; for a $100.00 meal, the additional excise would
be 75 cents.
♦ What is the meals excise levied on? Fast food? Candy bars? Drinks at a
restaurant? Drinks at a club? A "meal" is defined as "any food or beverage,
or both, prepared for human consumption and provided by a restaurant,
where the food or beverages is intended for consumption on or off the
restaurant premises, and includes food or beverages sold on a "take out" or
"to go" basis, whether or not they are packaged or wrapped, and whether or
not they are taken from the premises or restaurant. Therefore, the local
option meal tax is imposed on alcohol and other beverages served either
with or without a meal, for example, at the restaurant bar. A "restaurant" is
broadly defined and means ,any eating establishment where food, or
beverages are provided and for which a charge is made, including but not
limited to, a cafe, lunch counter, private or social club, cocktail lounge,
hotel dining room, catering business, tavern, diner, snack bar, dining room,
vending machine, and any other place or establishment where food or
beverages are provided, whether stationary or mobile, temporary or
permanent..." The MA Department of Revenue will issue implementation
guidelines. Vending machines which dispense snacks and candy with a
price of less than $3.50 are also exempt. Church suppers, etc. are also
exempt.
Finance Committee Report: The Finance Committee .voted to recommend the subject
matter of this Article at a meeting on October 14, 2009 by a vote of 8-1-0. As the Town has
limited options to raise new revenue, the option to tax meals receipts at .75% allows the
Town to implement a minimal tax to raise a modest amount of income for the Town's
general fund. A majority of the members supported the Article because of pressing budget
concerns for the coming fiscal years. One member opposed the tax due to concern about
the impact of the tax on Reading residents.
Bylaw Committee Report: The Bylaw Committee voted to recommend the subject
matter of this Article by a vote of 3-2-0.
ARTICLE 12 To see if the Town will vote to amend Article 5, Public Order, of the
Town of Reading General Bylaws as follows: (New language is in italics.)
5.5.4 Public Buildings, Public Property and Public Ways
5.5.4.1 No person shall gamble or keep, use or have in his possession
any spirituous or intoxicating liquor in any building or room owned
or occupied by the Town or upon any public property or public
ways, except as otherwise authorized by the Board of Selectmen,
special Statute or general laws.
9
5.5.4.2 No person shall smoke or have in his possession any lighted cigar,
cigarette, or other tobacco product in any building or room owned
or occupied by the Town,
or take any other action with respect thereto.
Board of Selectmen
Background: When the Board of Selectmen approved a policy in mid-2009 for licensing of
restaurant dining on public sidewalks, it became evident that Section 5.5.4 of the General
Bylaws did not permit the Board of Selectmen to allow liquor service in the sidewalk area as
part of the outdoor dining licensing.
The Board of Selectmen desires the authority to allow the expansion of a licensed
liquor establishment onto the abutting sidewalk under conditions outlined in the policy. The
proposed amendments to Section 5.5.4 would allow the Board of Selectmen to authorize
restaurants to serve liquor in sidewalk dining areas otherwise licensed by the Board of
Selectmen for outdoor dining.
A copy of the Board of Selectmen Policy on Outdoor Dining is included in the
Appendix to this report. If this Article is approved by Town Meeting, it is the Board of
Selectmen's intent to amend this policy to permit service of alcohol in sites otherwise
licensed for service of alcoholic beverages and also licensed for outdoor dining.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee voted to recommend the subject
matter of this Article by a vote of 5-0-0.
ARTICLE 13 To see if the Town will vote to amend Section 4.5, Licenses, of the
Town of Reading General Bylaws by deleting there from in its entirety Section 4.5.2, Junk,
and inserting therein a new provision as follows:
4.5.2 Junk Old and Precious Metals and Secondhand Articles
4.5.2.1 License Required
4.5.2.1.1 Every person who is in the business of collecting, dealing in, or keeping a
shop for the purchase, sale or barter of junk, old and precious metals
including gold and silver, and/or secondhand articles, shall be licensed by
the Board of Selectmen.
4.5.2.1.2 No person shall use any building, enclosure or other structure for the .
storage, sale or keeping of rags, waster paper stock or other inflammable
material without a license therefore from the Board of Selectmen.
4.5.2.2 Application for License; Term; Fee
4.5.2.2.1 Each application for a license shall be made in writing to the Board of
Selectmen and set forth the name of the party licensed, the nature of the
business and the building or place in which it is to be carried out.
10
4.5.2.2.2 Each license for the keeping of a shop for the purchase, sale or barter of
junk, old and precious metals including gold and silver, and/or secondhand
articles shall be issued on a location specific basis.
4.5.2.2.3 Licenses under this bylaw may be issued only after notice and a public
hearing and shall be for a period of one (1) year unless sooner revoked
by the Board of Selectmen.
4.5.2.2.4 The fee for each such license shall be determined by the Board of
Selectmen.
4.5.2.2.5 The license shall be clearly and prominently displayed in a suitable and
conspicuous place on the premises.
4.5.2.2.6 Such license shall run from April until May of the following year.
4.5.2.3 Record of Purchases, Examination and Inspection of Records and Articles
4.5.2.3.1 Every junk dealer, old and precious metal dealer or secondhand article
dealer shall keep a book in which shall be written at the time of each
purchase, a description thereof; the name, age and residence of the
person from whom the purchase was made, and the day and hour when
such purchase was made. Photocopies of picture identification shall be
taken and maintained for any person who sells or barters an item.
4.5.2.3.2 A list of all purchases and acquisitions shall be submitted to the Reading
Police Department within one (1) week of such purchase or acquisition.
4.5.2.3.3 The Chief of Police or his designee shall at all times have the authority to
inspect or examine all books kept by the dealer or keeper of the shop and
shall have the right to inspect and examine all articles and merchandise
therein.
4.5.2.4 Purchases from Persons less than Eighteen (18) Years of Age Prohibited
No junk dealer, old and precious metal dealer or secondhand article dealer or any employee
thereof shall directly or indirectly purchase or receive by way of barter or exchange any junk,
old and precious metals or secondhand articles from a person under the age of eighteen
(18) years.
4.5.2.5 Articles Purchased or Received to be Retained for Fourteen (14) Days
No item purchased or received by any dealer or keeper of a shop licensed under this bylaw
shall be removed from the Town, sold, or otherwise disposed of for at least fourteen (14)
days from its date of purchase or acquisition unless permission has been obtained from the
Chief of Police or his designee who may request to inspect or photograph the item.
4.5.2.6 Testing of Weighing and Measuring Devices
All weighing or measuring devices used by a licensee in the conduct of the licensed
business shall be tested and sealed by the Town of Reading Sealer of Weights and
Measures prior to being placed into service. All weighing and measuring devices shall
thereafter be inspected and tested on an annual basis.
11
4.5.2.7 Rules and Regulations
The Board of Selectmen may adopt rules and regulations governing the issuance and
conduct of business for the sale of junk, old and precious metals and secondhand articles
pursuant to the authority granted by M.G.L. Chapter 140, §54 and the authority granted by
this bylaw.
4.5.2.8 Suspension or Revocation of License
Any license issued hereunder may be suspended or revoked, after a notice and hearing, for
cause or violation of this bylaw and/or the Board of Selectmen's rules and regulations.
4.5.2.9 Enforcement and Penalties
Violations of this bylaw shall be subject to a fine of Three Hundred Dollars ($300.00). Each
day the violation exists shall constitute a separate offense. This penalty may be enforced
pursuant to Section 5.11, Non-Criminal Disposition of Certain Violations of Bylaws and
Rules and Regulations, of this bylaw.
4.5.2.10 Severabilitv
If any provision of this bylaw is held to be invalid, it shall not affect the validity or application
of the remaining provisions, or take any other action with respect thereto.
Board of Selectmen
Background: The Town has been approached in a couple of instances lately about
whether an individual or company could open a store to take in and process precious
metals. The existing Town Bylaw is shown below.
4.5.2 Junk
General Bylaws amended through July 2009
4.5.2.1 No person shall use any building, enclosure or other structure for the storage, sale
or keeping of rags, waste paper stock or other inflammable material without a license
therefore from the Board of Selectmen.
4.5.2.2 The Board of Selectmen may license suitable persons, upon such terms and
conditions as the Board shall determine, to be dealers in and keepers of shops for the
purchase, sale or barter of junk, old metals and second-hand articles, and no person shall
be such a dealer or keeper without such a license.
4.5.2.3 The Board of Selectmen may also license suitable persons as junk collectors, to
collect by purchase or otherwise, junk, old metals and second-hand articles from place to
place within the Town, and no person shall engage in such business without such a license.
Town Counsel has advised that the existing bylaw does not give very much guidance to the
Board of Selectmen in licensing such dealers, and the existing bylaw does not provide much
in the way of protection to the public. The proposed bylaw is based on models used in other
communities. The Attorney General's Office has approved similar bylaws.
12
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee voted to recommend the subject
matter of this Article by a vote of 4-1-0.
ARTICLE 14 To see if the Town will vote to amend the Cemetery Rules and
Regulations of the Town of Reading by rescinding the previous Cemetery Rules and
Regulations and adopting the following Cemetery Rules and Regulations:
RULES AND REGULATIONS
Foreword
The Town of Reading Home Rule Charter adopted on March 24, 1986 and amended
November 13, 2004 provides that:
"The Board of Cemetery Trustees shall be responsible for the preservation, care,
improvement and embellishment of the Town's cemeteries and burial lots therein and such
other powers and duties given to the Board of Cemetery Trustees under the Constitution
and General Laws of the Commonwealth, by the Charter, by bylaw or by Town Meeting
vote."
Working under this charge, the Board of Cemetery Trustees strives not only to fulfill its legal
responsibilities regarding the Town's cemeteries, but also to preserve the aesthetic quality of
our heritage by establishing the following rules and regulations. The Trustees encourage
public comment at regularly schedule meetings or via correspondence.
TOWN OF READING
CEMETERY RULES AND REGULATIONS
The Board of Cemetery Trustees has set forth the following rules and regulations for the
ownership, use and care of burial sites in the Town's cemeteries. The authority to do this is
found in Chapter 114 of Massachusetts General Laws.
Resident Requirements
1. The sale of lots is limited to current Reading residents only.
Ownership of Lots
2. The Trustees shall set the price of lots. All lots must be paid in full at the time of the
sale.
3. The owner of a lot is limited to burying human remains in that site. The owner has a right
to place a memorial subject to limitations as outlined in other sections of these
regulations.
4. When a lot is purchased, the owner will be issued a deed specifying the location and
dimensions of the lot. The Trustees are responsible for corner posts set at each lot.
13
These will clearly define the number of the lot. The deed will contain certain terms and
conditions for the use of this lot.
Copies of lost deeds may be obtained by paying an established fee.
5. The owner of a lot may only transfer ownership of that lot by deed if such transfer is
approved by the Trustees. A fee will be charged for the recording of deed transfer. The
owner does not have a right to lease the property.
6. Lots may be resold only to the Town of Reading, at the original purchase price.
7. Upon the death of the lot owner, ownership shall pass as provided by the statutes of
Massachusetts in force at that time. The Trustees will require proof of the rights of
ownership of such lot.
Care of Lots
8. The Trustees shall require certain deposits to be made at the time of sale for perpetual
care of the lot or grave without expense to the Town.
"Perpetual Care" means the cutting of grass on the grave or lot at reasonable intervals,
raking and cleaning, reseeding and other work as may be necessary to keep the lot or
lots in good condition. Perpetual care will not include the repairing or replacing of
memorials.
Memorials
9. A memorial may be installed on a lot. The Trustees must approve the design and ` .
specifications for any memorial. Flat markers shall be of granite or bronze; upright
memorials shall be of granite. No other materials shall be allowed.
10. Where permitted only one upright memorial of granite maybe placed on a lot subject of
limitations as outlined in other sections of these regulations. One flat marker may be set
on an individual grave. Markers may not be set to embrace two or more graves. All
markers shall be set flush with the ground. The foundations for all memorials will be
installed by the Cemetery Department and a fee will be charged.
11. In Laurel Hill, a memorial will not be installed unless the lot is endowed with perpetual
care. On. old lots matching markers may be used if existing markers exceed regulation
size. If upright headstones become broken or excessively tipped, the right is reserved
to lay these into the ground as flat markers.
12. Neither the Trustees nor the Town shall be liable for damage to memorials or markers.
13. A stone cutter or other person who is to do work on a structure erected on a lot or grave
must obtain a written permit from the Cemetery Director before beginning work. Work
must be performed under the supervision of the Director. The work area must be left in
proper condition.
14. An owner of a lot or lots does not have the right to plant trees, shrubs or plants on the
lot(s). Nor does the owner have the right to erect a fence, curbing, hedge or any other
landmark. The Trustees have the right to remove any shrub, hedge, root or branch that
they may deem detrimental to other cemetery lots. The Trustees also have the right to
14
remove unsightly flowers, old vases and other containers that may present an unsafe
condition or be detrimental to the looks of the lot or the cemetery in general. No vigil
lights or wooden crosses will be allowed on any lot or grave.
Memorial Regulations
15. The following regulations are for upright memorials. These limitations must be followed
or the memorial may not be erected.
On a two grave lot, maximum size 3'0"x 1'0" base, 3' high.
On a three grave lot, maximum size 4'0"x 1'3" base, Thigh.
On a four grave lot, maximum size 4'6"x 1'6" base, 4' high.
On a five grave lot, maximum size 4'6"x 1'6" base, 4' high.
On a six grave lot, maximum size 5'x 2' base, 4' high.
On a seven grave lot, maximum size 5'6"x 2' base, 4' high.
On an eight grave lot, maximum size 6'x 2' base, 4' high.
On a single grave, only a flat marker is allowed.
Unless otherwise noted all markers shall be 2' x 1', and shall be of bronze or granite.
Baby grave markers shall be 1'3" x 0'8". Granite markers shall be consistently 4" thick.
In all veteran sections, grave markers shall only be of bronze.
Special Regulations for Charles Lawn Memorial Park
16. No upright memorial will be allowed on lots within this cemetery. Each individual or
extra depth grave space may have a flush marker. A central marker will be allowed on
lots of two or more burial spaces. This will be no larger than 3' x 1'.
17. Floral decorations are limited to one pot of 8 inches in diameter per grave.
Urn Gardens at Forest Glen and Charles Lawn
18. Two cremation urns may be interred in each grave.
19. Memorialization will be limited to one 2'x1' bronze flush marker in Forest Glen. Granite
or bronze markers may be used in Charles Lawn.
Interments and Removals
20. No interment may be made before (a) a permit is issued by the Board of Health to the
Director, (b) the owner of the lot gives an order to use the lot, and (c) all fees have been
paid.
21. The Director must be given reasonable advance notice of an interment or removal. This
notice must give the lot number, the grave number, name and age of deceased for a
burial, size of box and name of the undertaker in charge. Neither the Director nor the
trustees will be held responsible for any error in the given notice (including any order
given by phone).
( Fees for opening graves, making and recording interments, reinterments, funerals after
working hours or Saturday afternoons or holidays as well as other services will be
established by the Trustees and shall be paid in advance.
15
22. Funerals will not be allowed on Sundays, New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day nor Christmas Day. {
23. All burial cases must be sectional concrete or monolithic containers.
24. In each regular grave space, one regular interment plus one cremation urn or two
cremation urns will be allowed, except extra depth lots in Charles Lawn, where
provisions have been made for two burials in one grave space.
General Regulations
25. All funeral processions in the cemetery are under the direction and control of the
Director.
26. No firearms are allowed in any cemetery except for military and memorial services.
27. Vehicles, except for those in a funeral, procession, may be excluded from any
cemetery. Maximum speed limit in any cemetery is fifteen miles per hour.
28. All persons walking through a cemetery must keep to the pathways and not trespass
on lots except for gaining access to their own lots. Parents must take full
responsibility for their children and not permit them to climb on headstones. Loitering,
playing and dogs are not allowed.
29. Un -uthorized gravestone rubbing is not allowed.
30. Cemeteries are open from sunrise to one half hour after sunset. .
31. The soliciting of business by anyone within the cemetery is prohibited.
32. No employee shall receive any fee or gratuity from any person except the standard
fees prescribed by the Trustees and to be paid to the Town. Any employee violating
this rule will be subject to disciplinary action.
33. The Trustees shall have authority to grant to owners to depart in special instances
from the provisions of the foregoing regulations in cases where it clearly appears that
the spirit and intent of the regulation will not thereby be violated,
or take any other action with respect thereto.
Board of Cemetery Trustees
Background: The Town of Reading's Board of Cemetery Trustees has completed a review
and revision of the Cemetery Rules and Regulations. It was the consensus of the Board
that these Rules and Regulations be made more concise. These Rules and Regulations are
available on the Town of Reading website, and are issued to all new lot owners.
The only major change to the Rules and Regulations is that cemetery lots will only be
available for sale to Reading residents. Previously, former residents could purchase lots.
This change is required due to the finite resources we have for cemetery lots. This change
also keeps Reading in line with surrounding towns. The Cemetery Division will continue to
offer lots on a pre-need basis.
16
Following the closing of the Warrant, Town Counsel has determined that the Board
of Cemetery Trustees has the authority and responsibility to adopt Rules and Regulations
for the Cemeteries in accordance with the following provisions of Section 4.11.2 of the
General Bylaws and, therefore, this Article will be indefinitely postponed. The process
that the Board of Cemetery Trustees will use for considering adoption of their Rules and
Regulations is found in Section 4.11 of the Town of Reading General Bylaws:
4.11 Rules and Regulations
4.11.2 No Town agency or Town officer shall adopt or amend any rule or regulation until
after a public hearing, notice of the time and place of which, and of the subject matter
sufficient for identification, shall be posted in a conspicuous place in the Town Hall for a
period of not less than seven (7) days before the date of such hearing and published in a
newspaper of general circulation in the Town not less than seven (7) days before the day of
the hearing if such newspaper exists. Copies of the entire text shall be supplied to the Board
of Selectmen, the Finance Committee, the Bylaw Committee and the Town Counsel not less
than seven (7) days prior to said hearing and shall be available to the public at the office of
the Town Clerk and at said hearing. Prior to the adoption or amendment of any such rule or
regulation, the Town Counsel shall render an opinion to the Town agency or Town officer
proposing such adoption or amendment. Notice of the adoption or amendment of any such
rule or regulation shall be posted in a conspicuous place in the Town Hall and published
once in a newspaper of general circulation of the Town if such newspaper exists. A copy of
all such rules or regulations so adopted or amended shall be filed in the Office of the Town
Clerk and, as provided in Section 8-8 of the Charter, they shall not become effective until ten
(10) days following the date they are so filed.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 15 To see if the Town will vote to amend Section 6.3.17 of the Town of
Reading Zoning By-laws as follows: (Language underlined shows deletions/words in
italics denotes new language.)
6.3.17. Reconstruction after Destruction (by a Special Permit)
The Board of Appeals may grant, a Special Permit for the reconstruction of a use, structure,
building, sign, parking space or loading bay or other situation allowed by Special Permit,
which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other
catastrophic event, any of which is beyond the control of the owner or by the proposed
voluntary action of the owner, to demolish, in whole or in part, in a manner different from the
prior conditions, provided that the Board determines that:
a. The reconstruction conforms to the current requirements of this bylaw to the
maximum extent practicable.
17
b. The reconstruction is appropriate in scale and mass for the neighborhood,
with particular consideration of abutting properties.
b. c. In the case of the reconstruction of a nonconforming use, that it complies with
the standards for the substitution of a nonconforming use.
Board of Selectmen
Background: A request was received by the Board of Selectmen to consider amending
this section of the Zoning By-Laws because it does not provide very much protection to
neighbors, nor does it provide much in direction to the Zoning Board of Appeals in making
decisions on Special Permits in the event of destruction of a structure. Town Counsel
advises that the entirety of Section 6.3 of the Zoning By-Laws needs to be revised, but that
the change proposed may be a stop-gap until a complete re-write can be done.
The CPDC will hold the public hearing on this Article on October 19, 2009.
The Article if passed would have the language read as follows:
6.3.17.. Reconstruction after Destruction (by a Special Permit)
The Board of Appeals may grant a Special Permit for the reconstruction of a use, structure,
building, sign, parking space or loading bay or other situation allowed by Special Permit,
which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other
catastrophic event, any of which is beyond the control of the owner or by the proposed
voluntary action of the owner, to demolish, in whole or in part, in a manner different from the
prior conditions, provided that the Board determines that:
a. The reconstruction conforms to the current requirements of this bylaw.
b. The reconstruction is appropriate in scale and mass for the neighborhood, with
particular consideration of abutting properties.
c. In the case of the reconstruction of a nonconforming use, that it complies with
the standards for the substitution of a nonconforming use.
Finance Committee Report: No report.
Bylaw Committee Report: Action pending.
ARTICLE 16 To see if the Town will vote to rescind Article' 5.18 of the Town of Reading
General Bylaws "Local History District" which was adopted pursuant to Chapter 40C of the
General Laws as originally voted under Article 17 of the November 18, 2004 Special Town
Meeting and amended under Article 27 of the May 5, 2005 Annual Town Meeting, or take
any other action with respect thereto.
Board of Selectmen
18
Background: The Town approved the bylaw establishing the West Street Historic District
in 2004. Recently, the Board of Selectmen has not been able to fill the five positions on the
West Street Historic District Commission (WSHDC), and as of August 2009, there were no
members left on the Commission. The Board of Selectmen has advertised for the positions,
and has recruited but to no avail.
One of the very important functions of the WSHDC is to approve or deny certain
improvements to properties in the West Street Historic District. Without a Commission in
place, property owner's plans to improve their properties are left in limbo. The complete
bylaw establishing the West Street Historic District is in Section 5.18 of the General Bylaws
available on the Town web site at:
hftp://www.ci.reading.ma.us/Pages/ReadingMA Clerk/gene raIbylaws. pdf
Recently three applicants have come forward to serve on the Commission and the
Board of Selectmen has appointed all three, making a quorum of the Commission. In
addition, there are three other applicants for the remaining two positions. Therefore, it is
likely that the Board of Selectmen will move to indefinitely postpone the subject matter of
this Article.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
19
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 1r,
November 9, 2009, the date set for the meeting in said Warrant, and to publish this
Warrant in a newspaper published in the Town, or providing in a manner such as
electronic submission, holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due return of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said meeting.
Given under our hands this 22nd day of September, 2009.
Ben Tafoya, an
James E. Bonazoli, Vi airman '
Camille W. Anthony, Secretary
3 tephen A. Goldy
Richard W. Schubert
SELECTMEN OF READING
. Freeman, Constable
20
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on Sept. 23, 2009 ratified 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
Precinct 2
Precinct 3
Precinct 4
Precinct 5
Precinct 6
Precinct 7
Precinct 8
J. Warren Killam School, 333 Charles Street
Peter Sanborn Place, 50 Bay State Road
Reading Police Station, 15 Union Street
Joshua Eaton School, 365 Summer Avenue
Town Hall, 16 Lowell Street
Austin Preparatory School, 101 Willow Street
Reading Library, Local History Room, 64 Middlesex Avenue
Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 9, 2009, the
date set for the Subsequent Town Meeting in this Warrant.
Thor . Freeman, Constable
A true copy. Attest:
Q4T2mrk~~
21
TOWN OF READING MUNICIPAL LIGHT DEPARTMENT
HIGHLIGHTS FOR SUBSEQUENT TOWN MEETING, NOVEMBER, 2009
*The Board of Commissioners adopted a strategic plan in Fiscal Year 2009 to
guide the Department through 2015. Four key elements:
• An emphasis on energy efficiency and load management
• A long-term diverse and environmentally responsive power supply
portfolio
• Long-term reliability of the RMLD distribution system
• Enhanced customer service to residential and commercial customers.
*To implement these strategies, the RMLD has done the following:
• Established and filled a full-time position for an energy efficiency
engineer
• Expanded its energy efficiency programs including residential and
commercial energy audits and various rebate programs ranging from
appliance rebates to major commercial lighting rebates
• Adopted a strategy for its power supply portfolio that includes contracts
with different suppliers for varying lengths of time and ongoing efforts to
include renewable energy resources in this portfolio
• Commenced an $8 million dollar project at the Gaw sub-station in...
Reading to replace the three sub-station transformers and related
equipment to improve the reliability and capacity of the system.
*In FY 2009 the RMLD sold 696 million kilowatts of electricity, a 3% decrease
from FY 2008. The peak demand in FY 2009 of 155 megawatts occurred in July
2008, which was about 8% lower than the previous year's peak demand.
*Fuel costs for FY 2009 were $51 million, 7% higher than the previous year.
*The RMLD makes voluntary payments to the four towns in its service territory
based on each town's percentage of kWh sales. In addition, the RMLD makes a
return-on-investment payment to the Town of Reading. In FY 2009, the RMLD
returned a combined total of $2.35 million to Reading, an increase of 2.3% above
the previous year.
Additional information on our capital projects and financial status is available in
our FY 2009 Annual Report, which is being distributed this evening.
22
Section 3 .10 -Licenses for Utilizing Public Sidewalks for Outdoor Dining
The Board of Selectmen desires to encourage restaurants to provide outdoor dining on
public sidewalks in the downtown area of Reading in a safe and orderly manner. These
regulations are adopted pursuant to Section 5.2.1 of the General Bylaws of the Town of Reading,
which provides in part that "No person shall place or cause to be placed any obstruction in any
street, public place or private way in the Town without permission of the Board of
Selectmen...."
Outdoor dining on private property may be permitted in addition to or in lieu of outdoor
dining on a public sidewalk, upon site plan approval by the Community Planning and
Development Commission. This policy addresses only outdoor dining on public sidewalks.
The following regulations shall apply for licenses for utilizing public sidewalks for
outdoor dining, or "Outdoor Dining Licenses":
Application
1. Each application will be dealt with on a case by case basis. These guidelines are not
intended to be a full list of issues to be dealt with by the Board but are guidelines to the
Applicant.
2. Applications for Outdoor Dining Licenses utilizing public sidewalks shall be made to the
Board of Selectmen by submission of an Application Form. The application will include
the name, address, email address, and telephone number of the owner of the building
within which the restaurant is located, proof of ownership, a lease, or written approval of
the property owner within which the restaurant is located (if other than the applicant) for
the use of the premises for the license period. The application shall be signed by the
owner of the restaurant and shall be accompanied by a copy of the current Permit to
Operate a Food Establishment issued by the Board of Health.
3. The application shall also include 10 copies of a professionally drawn plan and all
supporting documents containing the information required in order to be able to make a
decision as to the license, and shall also include a plan for outdoor lighting if any is
proposed.
4. The License is revocable at will by the Town for any reason whatsoever upon written
notice to the Licensee from the Town. The License Agreement shall stipulate that in the
event of such revocation, the Licensee shall have no recourse or claim against the Town
for such revocation whether by way of monetary charges, a suit in equity or otherwise.
5. Outdoor Dining Licenses shall be issued only to Inn-holders and Common Victualers for
portions of public sidewalks directly abutting their business, and will be issued only
within a commercial or industrial zoning district within the Town, unless such a business
shall exist and has pre-dated zoning, or has been granted a variance to do business in a
location that is not in a business or industrial zoning district.
6. Prior to the issuance of a license for outdoor dining on public sidewalks, the Board may
require a review by the Community Services Director, Health Services Administrator,
Police Chief, Fire Chief, Town Engineer, and the Building/Zoning Inspector and proof
that all necessary approvals, permits, and other licenses needed to operate have been
issued.
Board of Selectmen Policies
23
Sale and Service of Alcoholic Beverages Prohibited
7. It is the policy of the Board of Selectmen that Alcoholic Beverages cannot be served on t
public property. Nor may a patron bring his/her own alcohol to be consumed on a
premise licensed for Outdoor Dining. Therefore, an Outdoor Dining License shall not be
construed as nor shall it permit an alteration or extension of premises where alcoholic
beverages are served. The serving or consumption of alcohol on any public property that
is the subject of an Outdoor Dining License is expressly forbidden.
8. Applicants who hold an alcoholic beverages license and who elect to apply for an
Outdoor Dining License for serving food without serving alcoholic beverages shall
provide a detailed alcohol control plan/strategy as part of their Outdoor Dining License
application packet. The alcohol control plan shall include what steps the manager shall
take to ensure that alcohol remains only on the licensed premises and not in the sidewalk
area. Such a plan/strategy may include signage, staff instructions, monitoring of the
outdoor dining area, etc. The applicant shall also submit as part of the application packet
the TIPS or alcohol server training certificates for all managers and servers of the
restaurant which is licensed to sell alcoholic beverages.
Standards for Operation
9. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an
outdoor dining area will not be considered an increase in the number of seats serving a
restaurant or eating establishment and will not be counted toward any off-street parking
requirement
10. Outdoor dining areas shall be considered as part of the restaurant and shall comply with
Board of Health Regulations. In addition to any other requirements, smoking is
prohibited in seasonal outdoor dining areas per Board of Health regulations.
11. The Bo,!rd of Selectmen may require outdoor dining areas to be separated from their
surroundings by a temporary removable perimeter barrier. No such barriers may damage
the public sidewalk.
12. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the
applicant and shall be maintained in a safe and sanitary manner by the applicant. All
perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the
end of each season.
13. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles
during the times that the licensed premises are open for business. All trash receptacles
shall be covered and trash removed nightly.
14. The licensee shall be responsible for keeping the portion of the sidewalk subject to an
Outdoor Dining License clean and free of dirt, dust, and other debris from April 15
through October 31 of each year. In addition, the Outdoor Dining Licensee shall be
responsible for preventing and/or cleaning up litter from the licensed establishment in
areas abutting the licensed premises.
15. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter
barriers create a pedestrian or wheelchair passage along the public sidewalk in a width of
less than four feet. Restaurants shall have an accessible path of travel from the traveled
portion of the public sidewalk to the doorway(s) of the establishment through the outdoor
dining area at least 36 inches wide.
Board of Selectmen Policies
24
1 6. Outdoor food preparation shall not be allowed unless approved by the Board of Health in
accordance with their procedures and regulations.
17. The Outdoor Dining License shall be considered annually and every license shall expire
on December 31 of each year, subject to renewal. No facilities or furniture shall be
placed on the sidewalk as part of the license except for the period between April 15 and
October 31 of each year.
18. Within the period from April 15 to October 31, upon notification from the Department of
Public Works or from Public Safety personnel that weather conditions or work to be
performed on the property of the Town requires removal of the outdoor dining furniture,
the applicant shall immediately remove all of its property associated with the Outdoor
Dining License from the public property.
Administrative Requirements
19. If the license is approved by the Board of Selectmen the owner and operator of the
restaurant shall sign a License Agreement and shall provide a required Certificate of
Insurance before issuance of the License and before commencement of any activities
under the License.
20. The Licensee shall provide evidence of insurance as required by the Town Manager and
by State Statute. Such insurance shall cover the use of all equipment related to the
premises related to the Outdoor Dining License. The Comprehensive General Liability
Policy shall insure against all claims and demands for bodily injury and property damage
with respect to the sidewalk dining facilities and services, and the Town shall be named
as an "additional insured" in all policies of such insurance. The Licensee (and their heirs,
successors and assigns in interest) shall hold harmless, defend and indemnify the Town of
Reading and its employees and agents from any responsibility, liability and claims arising
out of or related to the operations under the Outdoor Dining License.
21. The Licensee shall comply with all applicable laws (including the sign portions of the
Zoning by-laws), rules, regulations, and conditions of other licenses and permits.
22. The license fee shall be $100 per year and shall be payable upon initial application for an
Outdoor Dining License, and for annual renewal of the license.
In granting a License, the Board of Selectmen may impose such additional conditions as it
determines to be appropriate.
Adopted 7-I4-09
Board of Selectmen Policies
25
O
LL o
O U
o Q
} X
LL N
fl)
C
L
aW
ca >
Q
c C
U Ry
m
O
O
m N N Ct' O
t` t0 N O
st
N
O O O O O 0 0 0 0 0 0
O O O O O O O O 'O O O
0 0 0 `ct'
O O O N
O
01 O? O
T
0 ' ' O O V~ m 0 s
0 0 0
! O ct
a
L
t's
N
O O N C' to
N m u~ C' N
Q7
0
t0 aD O M to
O g
Ln m O N m t0 LL7 c
o m
c; 1iJ M m
m
N O
~ ~
'
Ki
c0 m LLS N cD
lp
l
-
Iti N M ~ t0 r fD N ~
L
N
'
N cD ~ c0
to m ui
V
to M Ln v
Q1
n
V
t
M r
N
~
M N
Co
r
co y Ln m o
m
o 0 M. o 0 0 0
O O O
O
0 0 o m
O O O N
m v
N N
C>
u7 M O N O
V_ M O C
N
C
L
, O O O L L L
0 0 O c =L c 0
N O t• O
M Ln
N
G,
c" O O'
m v N o
j'
~
w m C' N
o Ln 01
h eY
M
GV
i7 w M -C
~i
L
i t` ep t
°w L
GO O
o N N t+'a
`
~
ttj
M M [7
LL
M M cD t0 o
LO
O O O O O o 0 0 0
O O O O O
0 0 0 O
O O O M
ct O
O O
O fD M O
N tD Ln V IL
M
N
0 0 0 0
O c :;L O 0 0 0 i-L O
wt 0 Ln N
N O
r
G
M Qi O
to2
c
O! O O O Lo g m O
M O to Ln
w C. w
er o v ch
N N
r er
N
co
; o
N
co M m
N
Ln r m
t`- t0 ti
P- N N
M
M
~.tj
M M
LL
to Ln v Ln o
Ln
'
o 0 Cl 0 0 0 0
O 0 0 0
0 0 0 Ln
0 0 0 1n
L»
w d'
.
N M O Ll7 O
co CO O co O
LL
I
m
O , O O ,
O O O , t0 , sY t0 O
c c ::t W
N Ln
~
Q
ui O O <t O
sY
Lt) O Lo O M Llj m
m m w O
m m m -,:r
O to Ll') r~
.
Ln In
N
h1
N N t+09 VNt~
t~-
t. O m
IN- t*OJ
G7 O O
-
d' M
N
M N N
LL
O
O O 7 ct' O
d'
O O O O O 0 0 0
0 0 0 'cf
tD F-
O
O
Ir m O
O
0 0 0 0 O 0 0 0
O O I N O O
O O
0 0 0
1- O t t t_
O m
a1 t"L
r
0
O
Ln
0 0 0
S,
M
I
0
O < N O t0 M Lc1 O
O
co O
O
i
+
Of O m 0
o
o
o
to O
N
.
- Lfj
m I I
M
t
n
c
i co
r
o c
D v
n
N V
N
m N N
LL
C)
o
m GD 2 o Ln o
n n O
,
Ln
N
o
o 0 o p o 0 o m 0
0 0 0 0 0
O O O O O
n
0 o
0
0 0 0 N
'n o
1~-
O
M t0 I`: O
V.
L
O O O O O O O LO O
tt O t1 t
N N
O
Lri N O
tom.
O C' N O v c:. u) Ll ui
'
r` O r`
m c0
O
- O
N
O
01 [D M tl')
Ll'
0
OD
a i~ 1--
O CY C' N Ln L1
N C' M tD N Lt!
sT Lt)
h- Ln
e
N
)
M h-
m t
cn r N V
N
N N tV
LL
O
o C' W cY o
e!'
t!
0 0 0 o O O o O O O
0 0 0 0 0 0
o O O O
o o O V'
0 0 0 'Ct'
tb L29
Ln M
O
O
h. Ln c r V c
M m m n O
M
L
O O 0 0 0 0 0 0 0
O C7
L_ Ll7
P
O
tD m CV m to
v
m tD O cT r f LY) O
I`~ Ln N Ct'
f~
m
N
O' LN
+M
GOD
O N CD m M to
N N M tt7
N M M
O N M N
er Ln c7 GO
V
>L'
t
Y C
m N
N
LL
O
O
m co O M O
v co N CO O
M
Ln
O O O O O O O O O O O
0 0 0 0 0 m
O O O O O
O O O M
0 m 0 m
M O
w t`-
d•
O
O N M O O
O
, ,
O O O O O O O O tp O O
O O Ic 0
N r
T
O
3 0 4 CO t7
V' m m O
w
m
O m T Lc) O O LC> Ln m m LLB
O O Ln N LO M N~"
O O w co
m m
2 m
O T
N
O
N
A
to M Lf1
cc
~
~
N
U.
O
m N O O
O
O O O O O O O O O O
0 0 0 0 0 O O O O O
O O O O
O O O O
O N
O tD
M
O
O
m N N 0 0
c7 N m t~ O
0
r It
,
O O O O O O N O O
Lh O c''i rl-
'C CL
r
O
Lo
~f tT Lfi L!7
M N M V' r
tLf
tD
O m ^ O Lc'L O tp d' a' M,
M,
O Ln Ln N M
M
O Ln L!] tD
m
~
M
n N
N
N
t0 Ln m st
m
t
N
M V
'
y.
cn N
LL
O
o
tt'1 O co M O
n N w o
M
m
O O O M. C. O O O O O
o 0 0
0 0 0 0 0 0 o
0 O O O M
0 o co
h-
<n
'
N
Cy
p
O f-; t~ O
I'
L
O O O O O O O 0 0 0
0 0 0 f~
<L
V
r
G
to
cn O n m O
co
O O ~Y O O O d' m Ln In
N N M Imo-
L
Ln O w CO
N
O N
cN
L
tv
N
N CO N Ln
to h- M O Q
N
t0
Ln
n
to m N
N
N~ (
O
LL
m CV
O
f.- tD LrY tp O
t0
'
O O O O 0 0 0
O 0 0 0
0 0 0 co
0 0 0 u)
V '-T
Q C'
r
O
O
m t• M to O
i`
fll ~ O
i-
f
u
i
1
O O O
O O ' O ' L O 0 0 0
0 0 0 r.-
N N
~
O
:
i
;
O t, m N to
O v O N O Ln c;
to Ln t--.
c
M M
O m
N
O
m O m N
La
N LL') M h- N ct LO
O N O
O C' 10'1 C'
M
sY t*J 01 C,
~f
M N
LL
C.
co M LO O
Lo
O O O 0 0 0 0 0
O 0 0 0 0 0
0 0 0 to
0 0 0 0
t~
O
O
N C W O
M cD O O
O
tD
, O O , ,
O O O O O ML c ;t
t0 O Ir tL?
T
Ln
m M
r
~ A 4o 2
+
M
m O 9Q
cD co O
m
c
9
M C'
o <Y LD O
N
m
LL O V'
l0
t'i CV
LL
m
C
7
t6
L
(n y
d
.
d
'd0
~
6
1-
.
.
T
a d
'C C
O
W
OI m R G N
d 'o
r
_
d N
O
?
d
O d
~
L
O C 'O W M
W
y
W `
E
_
p
{
.L
m
a w
i
m
a
W w
v o
c
m v
d Q
~
N
2 O O m o C L
W. E G6
'
d w
LO
O
LD
Ci -p c w C d m
O d
G .d. G O eG cD d N 'O
N d d
O v O
N y
N
d
o
.Oi' O y
O t0 d
`
LL
W O
'a 6
Ll. E W
y .
O d
T
a Z -p
M M
0 0 0 C Z LL
d
J
Q O
d t L d
g to
¢ O
o
y G O O
t=
v
Q
- 1 x
- :
c w w t
g a? d
O
ov w y a_' 0 0 0
4 m
m
?
CL. cL)
U>cn`S`s~
Li
d
^r
O
d O
ti ct U ci c)
z
¢c
E ~
s
¢ n'~ Q=
J 3
Cc,
,G
n
o a
a.
a
O
- -
Z d V s > a o C .O = m
0 d t0 O C
U
Z
L j p to m m m m U 4. J 11 C- CL O. a
Q U
F- O D
26
m
C
O
} =3
LL a
O U
O N
T- Q.
X
L
C N
L
(a ~
CU C
U ca
co
0
00
0
00
~ ooo g
at
O
O O
O
O O
' O O C :t O O
Q.
O
N
O O s
N
O
t
O m
O ~O O co O O O
IIJ
r W, N
I V
N
. I
c
C
M N
I
N
N
V
p
§
cj
A
O
T
O
O O
O °
O
N
°
c
c
cc
LL
0
0
O
0 0
0 0
O O
0 °
0 °
• O . . . . . . . . . . .
T
I
Ln
o
'
IY
` °
W
G
p
0 0
o O
Go
. . . . . . . . . . . . .
O
N
C4
°O
N
N
I--
r.-
1
`
W
0
o
0
0 0
0 0
0 0
0
0 p ..:O
° . . . . . . . . . . . oo
N
N m
r co Ln
N
tL
Cl o
°o
0 0
o o o
O
O O
• O O • • • . • u • • • p p
O
N N M
N
N
N
V
'
W
O
O
O
O
O
o
O
0 0
• • . • . e • • • • . .
O O
T
O
C =t
O
01
O
Oi °
N
c0~1
con
con
h M
1-
W
. . . . . . . . °
°
_
O
C
=
C
O
C
N
0 C
N p
C
v
N
~
>L
U-
m
o °
°
°
°
°o °
M
o
O O
o
O
o
o
O O
• O• • • . p
_
O
•
N
O O
O N
P•
N
If!
yOj
0
N
4.
W
N
O
O
O O
. . °
O . ° . .
1
a
N
C
r
m
c
LL
L
0
0 o
N
E o O
°
T
O
0
O O
0 0
m , ° . . . . . . . . . . .
_
O
P-
W N
j N
N
O
G
C
O
O
• . • • • • • • • p
O
r
c7
N
r
c
)
c
)
W
bD
O
' d:. L L L ~C L L L L L L L •C L •C L L L L
v v v o a n v o 0 o ca n u+
y
h C02 h co h co h y N y y co co y co
C
m
G
r W
W
o
r
3.
T
~
W v
u
°
0
W
m
E
m
0
G'
o
'nl N
a
i
m
O
n m
O O
ai
to E E
CC
'
T
V=
cu
v
ci
O N E N otf cn
'
o
C7
" N
L N !C O `
c
, C CL O7 y O.
d
.T.~
c
I
1 1
-15
.
G
tca
N T
C
i E"
gy
fA
V1 W
. t
r
N
D)
m
m
Q
>
C
C C
.
tt! o Q
m o6 °I m c E rn
y
'
E
l
_
R C N w 0 m
O` r0 tt,. ,Z`
c+
WW
I
=
y
O
'o ao'i
C
O O
L
=
o °c
Ci E a
V
c
=
q
G Q
o ~ m= °o m t
m m m 0 6
p
/S
c
i
IT>
Mw
I W CG
1
y
Ww23~F-~avvvu vat>~Ntio
27
C_
C)
04
LL D
O V
O N
T CL
x
LL
C N
M
I.N..
n (D
V C
to
m
O
O O
O O O O O O O O O O
O O O O O O O
O
O
O O
O
0 0 0
O O O O O O O
0
& I
l'J
O O Ii'! O O tt) m u7 I[i
cG CC)
c•J fh O
-
cv
V
m
t
00'f
o
-
m
!9 CO' W
N
A
O
T
O
o
0
p
°
°
. .
N
O
°
N
I
.
j
m
M
U-
LL
0
o O
0
0)
ct
C>
CL
O
m
°
°
o
o
N
o r
t
n
ra
O
0
0 0
0 0 4
N
W
0
°
°o
o °o
°o
Cl
_
O
~
_
1°Cf W
_
N m °
N
In
e{
<
LL
0
0 0
0 0 °
°
co
C.
°
o
°o
o °0 4
p
-
c
N
N
L
V
m
C
. l
•i
LL
LL
O
co C.
O ° p
O
O
O O
O O
• • • • • • • • • • • • C.
G
'
N
t0+~
° c°J+L
U
)
M
1-
LL
0 0
0
C
O
O O
p . . . p
. . ° . . . . . . . . . .
O
M
°
M I°ci
°
N
I
C! co
t
4
7
U
0
0 0
o o °o °o
C'~
°o
°o q
ate,. °o o . . o o
O
M N
°
ti
N
0
I
w
LL
W
Q
0
0 o
n„ 0 °
0 o O Oo O °o °o °o
G
= G
- ' C G C • • ' C o C 0 ' °
LO
In o
o o o ua o L N m m m
v'a
N
<
N N
V N no
C
LL
O
O
N
E G
T
O
O
O
O
c1 • , O , • • •
T
O
N
to
M
I
0
LL
s
0
°
p
°O
o
C
N
I[I
°
N
I
I
~
LL
b
D
C
C
u a c c c c c c c c c c c c c c c c c
p
C
cD
C
~
C
U
.
.
T
O'~
LC
L4 RI
CJ N
O
~
. CY G
C E
C N
y
5
`
ce
E
.
4
a
(i
G
•
v
L E Ern L" m CI !
°
_
E c
N
N T
N
a
O
VJ
b
y h
Lt bD b
N
'1
••d- 0 N
W- 0 cc
D w o6 p a€
o o
C
C C
'
v
C, CL
? w 3
o= tO c 5'
b
°c
e
o
CL d s m_ N
d V C
d V
d=
C
c o v m c
d- E
O
O
t: 0
0) cc 0) 0
N
Pa
LL O
W 'w S f9 F ?s d V Ii U u. `1 a U Ir
28
C_
O
y
LL o
O U
O Q.
LL. CD
C ~
L
FL m
~a >
CL a)
N
V
m
0
0
0 0
0 o
0
0 0 0 0 0 0 o O o 0 0 0 0 0 0
o° o 0 0 0 0 0 0 0 0 0 0 0 0 0
0
0
` o o o o
0 0 0 0
0
0 0
c
o o. o 0 o u~ co C =t o C= . o 0 0 0 0
0
0 C. C ::t
O.
0
0 a
0 0
0 O
N
o c o ui Iri ui 'D m o o" I :~A ui t Q o
N V' -Vr m [G C- Y N N
In
N
cti o o I
t- N t-
V
O
N
m_
,y
O
T
O
O
O
O
p
O
p O
O
p ct
N
m
m
LL
C>
0
o
0
q
0
o
0
0
r
O
o
11)
o I
~
ti
M
In
.
N
LL
0
0 °o
°
O
m
m" o
O
rn
LL
°o
0 0
o O
1-
RI
O Lci
r
O
tD
d ~
N
M
p N
LL.
O
o
°
°
Oo
c0
o
o 'o
o
-
r
O
o
M m N
o
N
m
m p
U.
0
0
Cl
°o,
Ci
cu
°o °o
C=L CL
O
N
N
Ct
0
m m tOD
N
CV
0
~ p
N
LL
O
O
O
0 0
0
P
O O
O
O
r
N
O
N
O
N
U')
1(!
.Q .p tf) O
N M
0
LO
M
to
M
n
U.
1!h
0
o
0
0 0
0 o
C :
0
O
O
o
Q
T
,p
O
L
O O
t0
_
.Q .Q .p 10
N
Q
~
N O
M
ID 0 CD
h p P7
p
LL
N
O
o
O
0
O
0
O
m
N
N
N
O vt
N
p
p p
r
LL
o
o
O ° °
° ° o
CL
C=L
C) U'l
CD
cm
p m
N
p ~ p N
r
LL
O
O
O
°
O
O
O
h
ti d
M
M
t7
c~
N
CA
p p
LL
c
cl
m
O
M N a
a
to
.
s
Y N
N
y y 7-
LL LL LL
A
O
~
v
Fn
C2
~
N
V
N
y
tyAO a a g T}.NOON.N T
d m
nl
~
N
. t~ N O 0 O w to t- T
:
Q
G C
O
-
W
a
t/T EF} N N t7 O O fD tD O 47
r C a..
CCT
d
N
G
1
O Imo- tL',1 t1i O O G'N m.O.~ O T:7 y O
O
O O O O O v
i
10
O
C a
N E
~
V
O
a 0 O C7) 0 0 0 0 p N [A v (O v °
O
,41
- O .d V-..
r
C C
co
W
N..
v N t'~ eve
N m0 c .
~ .
L
~
v v
U U 24 a
4~
C C o
LL
li
0 ~
. GQ
O
N
M
O
_
Y Y
4k rM ~ V C
v
) M O
m
rr
.
dS
.
IT to O C71 # d N N U U. V v
O ¢
CD
E
Ol O d
v
o o
L
c o
C
. y C9
W W W W
m V c c~~ H .g H CD
w cn
.
^
m
(D Ul 4)
C~ C.
0)
V
.
LQ
C
L
N
Y E O. ¢ V N C= O
GL 0. G O. ~ .G .I] d N N Y
E
'G
~ U
: C N
O
O
G
n
y
E
0 E E m m m v n to co CD y d= d
O
co ~
o
~
i
a
at-
LL0
Pr
aan.CL -j aaCL <m02m4
>
¢a
29
O ~
}
LL o
o V
Q.
LL
LL (D
C co
Co ::3
V
>
Q
L
U ca
(if
m
0
0
0 o O o o 0 0 0 0 0
0 0 0 0 0
0
0
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 o p o 0 0 0 0
0
0
0 0 0 0 0
0 0 0 0 0
'
0
V"
0
0
0 0 0 0 0
0 0 0 0 0 O CL C 0 0
N
0 0 0 0 0 0 0 Ltd tiJ f~ ['7 O O N e
t
C 0 0 'C O
0)
w
m O to O O t[7 CD -Kr N
N
O O co cc UCo O U7 tD Oi aD m ct) LC) t
'
'
h c
D O O N
O M O
d
r
M tD f0 t~
N N r
M
'V
W aD C Ct c9 It) M M M 'ct M V
C
" COV
r r r
~
O
T
~
0
0
0
0
0 0
0 0
0
0 0 0 C.
0 0 o O
0
o
0
0
N
L•y
o
0 0
C
0 C
::t 0 0
0
°
0
N
n
w
u-i v
c v p
m
m
m
N
U.
U.
LT
0
°
0
0
C~
°
°
CD 0
°o C
0
o
0
°o
T
m
0
N
o
N
'
o_
O
47 O
O
O
m
O
m
N
h
-
N
M
}
LL
°
0
o
0
O
0
0
O
°v
°o
0 o
r
.
r-i
C
O
IM.
N
co
N
N
N
Oi
U.
U.
O
O
O O
O
O O
N
O
O O
m
(0
O m
M M
N
t
0
N
N
U-
LL
O
O
O
O,
O
N
O O C)
0 N
O t0
G
V
00
'ct
p
O
O
M
_
co c+
p
M
ran
~
~
m
d.
)
N
CV
L
LL
tt9
0
°
0
°
0
°
0
o
0 0
o
°p
T
O
0
o_
n
m
_
v M
tV
0)
N
U-
LL
O
O
O
o
0
W
p
O
O
O
O
O
T
N
N
t00
tOD
tt
)
M
t0
M
O
O
U.
M
O
M.
T
et
O
O
N
r
r
LL
0
0
0
N
0
0
T
N
m
LL
0
T
O
T
O
N
N
U
U.
O
O
O
C~
O
CD
O
t0
O
O
(O
O
C
p
N
Go
rn
rn
v
v'
LL
to u~ Ln o o Lc)
o 0 0 0 0^ o 0 0 o p o 0 0 0
0 0 0 0
J
C
CD
N
M
dl
m
a
tl)
O
=
T
~
v
CD
•
CD
co M
C O
C
"
O O L~ N
m m mm N m rn M N K rn
m
to
it
W
v
m
V ~ p=
v v
. =
C~ co
n
E o
m
.RS T
O~~ m tD O) N .L1'
O
u v
T co
N
N
C
M M
^ 'Z N#
N
16
N#
m m Q O' v
#
p
M
0
.
co
CD
0
d
D
O
y
m m O
~
~pp
m
LL
V
0
"
G d '
d .
CV tD N e!'
m O. _ : a
'
0 U (n
o
N
N
O
N
N N fA C U V m~~
C
n
1
0
= 5 R c=6 N O Cn W
J
N fD #
'OO N
Q
3
V
) CD
?
C
1
9 V V v ~G Y
U
'O d 'O 'O w '2 E>>> w .0 9 O
LL
w
_
J
t0
-
O
V
O m O V O
O m M 2
F
O
p O O L O O '0
W li
. LL V LL Lt 0 LL I.t O O O#
O
_
O
0
o V J
~
v
F
CD
#
CL
V V V V U V
=
~
A
d d d d d d d ai- 2
Y Y Y Y Y M ct LO Z L^ L E
L
O
Yt
~
a I-
•
O
to
6
E E U E E
2 2 2 2 2 2== 2==
'
L'
L3 t3 ~ R t? 2 2>>> = m m to
CL d s s S CJ) v u v
a a (
m
m
(
0 t0
M O 0 0¢
m J J m v
Qy
J
- h' H H 1- O 0 F o O
a
L CL
a
30
m
G
O ~
04 04 S
U_ 0
O U
O Q
X
L
C to
c
a (D
m >
CQO U
U CO
CO
m
m
0
0 0 0 0 0 0 0 0
0
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0
0
0 0 0 0 0. o 'o
0 0 0 0 c) =
0 0
0 0
0
0
0
0
0 0
0
O
O
i
0
0 0 0 0 0 0 0 0
0 0 0 O O O C =t
0
l
0 0
c c CcL Lq tr O cO c =L O O
m L
N L. cc L N c %t
N
O
N
N
a
O
O
.
O
IL
t
i
o
° N u~ O O tq to a
n
w P- co O) co M N O O N
N M W M 'T r ',T N M Nu
M h
-A
co
- O t0 M
r r tD M m
M, M
t
D
N
t
D
C' tXJ aM- ` N
M.
N
a
0
T
O
O
04
0
O
N
p
°
O
O u
°h
t~
0
N
O
c%
lo
C
0
N
ct
N
O
t
00
c
0
O
i
m
r
N
-
L
LL
r
°
°
O
W
O t00
v
N
Of
N
o
i
p+^
co
O
w
' O
LO
O
°
M
m
m
v
CV
.
-
LL
O
o 0
0
o o
O
o
°o
o
c
o.
0
co
_
O
O
~
o 0
O O
Ln
O
,
0
N
tD
CV
tb
t0
N
N
O
N
N
OD
7 ~
f+
LL
'
0
0 0
0
0 o
p
o °o
o
$
°p
p
O
O Cl
O
O
M
O CL
N
"It
N N
W Vp
C
u9'
Q
G
O
r
O
u'~
tci
Ln
O
N
V'
N
N
O
M
~
.
0
N
N
LL
0
0
0
0
CO
00
O
°o
t°n_
0
G
°
M
7
u
M
r
N
m
'
N
N
N
p
W
e
o
0
to
_
o
m
o
c°o_
°
o°f
C)
°
t*o)
p
c
ul)
0
O
0
o
o
O
N
N
M
M
m
L]
LL9
u~
iy
LL
°
o
eo
°o
00
°0
0
°
o
Ic
N
N
moo„
6
O
O
O
N
M
LL
0
o
p
o
o
o
0
0
0
0
c
o
to
cq
0
0
0
0
0
r "L
w
co
4=
r4
LL
N
p
p
0
o
o
m
0
0
M
r
O
t
N
LL
0
00
o
e
°o
ui
LL
O
H
m
O
O
~
O
O
N
m
LL
t!') tf) O O O O O
O O ul~ 0 0 0 0 0 0 t`om'
Y O -~r C to
~
M
yT
. m
m
"q
y
t°a c
^p
m
.
m
O
>
m rn ch
a0 O m tT
t
to °o t°n
m cn
O
m rn rn m
`
~ O d
G
Ln
L
O
G
C7
m
~
lr
O
O
N
O
O
J
p
j U9 V
tT
v
-
v
O
V
~I
r
~
U
O
r
M
V
N
=
OI
O O
ch
c" N
N
(,7 N N
Ln
N
C
m c.
ca
I
c
m¢ a#
'
-m
E v
°
r- (D
C7 c m
n
a f/'~
'
c
r
E
CC
y
m
to
~
E rn c m
c
C
~
o
Q ¢
t0: N
O
C Si
to C
c
W >
O
T
E
~ O N Z5
•
`
°
D
E
d U O m O '
O.
tn
Y
Y
cn cn
O
p
'
p
p
d m
?
v
c
" # Rt
`n o
a
H o F- m m,
. o t°
0.
W
E
>
c
.o c a v E
W
t~ > to
to
p c
W
W CD
c
3
~
a
.a O
W
`O v C!~ O O O
N
J. V
a 0 tf1 p to
G
CO
'
d
W ^
y
.
t 0
.o
d J
'
LL W Y S S m
tO
i
E N m O N O N O cN 2 O
0 O J c~
V sT f- C-~
T
'
E
N
N N N N 6i U1
d
C
y,~
'
N=
A
c
Qt.
~
tT
V
y
V'i"
!p
o
c E
5 2 m>w o 0 o
m
j J .
~
J
U o E ti~
3
LL
0 0 0 0 o o N
'c
~
ai o
.
h
y
m to
C
w
a
o o to c c c
a 'S o U C7 V U` E o n E
N to N LL co
-
to
J
.
:9 rL ~L rn
W
Cn Q.1
Qt
Ca C)~
QI
LL Ll
) F- Cq LL fn fn N co
N
N
S M W r .
31
C
O ~
r
C\l
LL O
0
.,r U
C)
T Q.
U-
LL CD
N
FL L
a)
C >
a.. 'p
cL N
C
U co
fSf
m
0
0 0
0 0
0 0
0 °o °o
°o °o
°o
°0
0
p
0
p
0 o o
a
°
o
0
°
0
rn
0 0
o 0
0 o
0 p
p op
o
o • p o ic
a
Ili
Co
m
°
0
c
O
0
:o
a
0
N
o_
o
M
o
N
C.
d,
0 0
1
0 N
O
O
N n l)
N
M
t
D
M
~ V
f
p
0
`
N
N
c
`
[i
~
V
~
~!1
O
T
°o
°o
°0 3
0
0 M O O.
0 0 0 0
o
°o CL
°
°
0
G
O
O
O
°O
M V c+0'.f U
M Y
a
•Nj
CV
no.
M
M
o
R to
a a
a
m
N o
a
W
0
o y
to
°O ra
°
°
O V O O D
m
o
O-a
~ O.
o
clJ N
o rn
0
M C O O 'cY Y
~
C
0
M
O d
O o6
N Y
M N
O
O. O
CV
v
_ v
a
~
m
.
a
LL.
~e
o o.v
p
o o° rn
O
°o °o "
U
°0 0
C N
O
N
O
pt O t0
CD -
t0
N
.47 w C6 a
N
tl'f
O
E
C
N R
a
CC N C
N C d
M
co
LL
y
n'
O
O
O
0
O C O
O
0~
00 CL L
O N O L
O C
0 N
C
t(Y
O
p
O C u'~
O Y rn v
O tc
CV
O
N
O N
M M
O
U-
O
°
tD
O O
O O
O O
O
O G
C ::L
O
O O
tG O
O
r T
O V C
M U
}
to ,~y
a
M
a
LL
o
O o
O 3
T
O O
O
O E•
° V
N
{O
N
O L
M = N
CL
N
M
LL
p
p
O 9 O
O •O O
0 O V
O V O ~
O
O
t7
N
M W t0
N C N d
M
-Ir
N
ti
.o
N
j.
o
°
m
LL
a
p
o
O
O NOOO
O O
Q C
p
d'
Z Z
o 5 "i
C" m
CV
O
Q Q
M w
Y
v
r
O
O
CD C>
O O O
O t6 O
N
O
ui
v
:p ,p
v d
O W to
L ~
N
0 q
to
LL
°p
°o_ °o_
M
O
c
m m
CV
O O
Y
[
>L
LL
O
T
°
°
0
°O m o
6
C5
~
M
CV
0 D
L
N
LL
o
G
E
C
Y
o y
E
LL
m m
rn cn
'
r
ct Y N
~ t0
C
O
C
`
C
N O
~
+ O
aj
> ti
tC eri N
-0
N
C
it O
O
rn
r
N
,n
M
~
Cp
O TL Cl)
E
G
ae
j5
N }
X
co
G
r
Y Y
LL
rl
y r
Cc"
h
cz Cc
V3,
. U-
E
U-
U-
(M LL
Y
C,
c
%
cc c
0
c o
'O
O
&n
c
.
Y~
o
U -N
Y°
5
•C
'O
S
Lo
T
G
C
s
N
CLl t~01
,
}
~
y
O
t
O
O C
+J
O p
Y
p
tD O
C
0
O
O
Ty. O
p
"j V
-
tO C O
CE
cm
r
i
Cc
V d
m
c°
m o
m
03, m
m
w
a
m
to
w
v
O
;
P
O
,Q C U
C 4 O
^S
O tT
U N
H p
to to
V O a
N c0
O
y
R O
N
N N
O
EE
C toil
S O
N
m
O
R
.
ow <u
a
~ S:°
ma a
co fO
Y °
~ °
(A
r
i
32
0)
C
Cl
N
C
U-
02
O N
X
W N
C V)
N _
L
m
CU _
U ~
m
M
O
O
O O
O
O O O
O
O
O
[
c
O
C
O
O
O
c t
O O
O
O
O C
O Cl O
:L O
O
O
O
O
O
O
d
t
1
A
.
w c
O
O
O O O L
o
O 4
7
.
t V
m
N
r,0
c
o t
+~J
CqD L
~ V LLO')_ O
Oa_
O
N
ci
`
c
l
vi
u
i
t+
v V' f
`
L
O
T
O
r
°
°
o
°
°
°
°
N
L
q
o
C
o
c
0
D
0
o o
0 0 0
o
0
M
C
o
0
CV
v
ti
n° v
N
v c
c
U.
U.
M
o
0
0
0 0 0
0
0
0
m
o = o
oo_
o
oo_
r
`
~
°
~
°
° °
0o L
°o L
°n
N
a
i
v
o
r.
L
ti
L
o
to v
N •
cr I
LL.
b m O
O
O
O
r
O
O
O
O
O
O
O O O
O
O
O
r
C
ni
O
O
O
.p
c; O 0
0
0
0
0
CM
V
O
m
cz
LO
m
co O!
P
C
1
+
W
LC)
A O
0
0
O O O
O O O
O
O
O
O
O
O-
r.
m
r.
II O
11 O
O
O
O
O
O O O
O
ML
C
_
O
N
O
°
°
_
'O
LOO 40
O
L°o
N
v
co
L
L
n
4
Ln <r
_
V
eo
U.
n
o
o
o
°o
°o
°o
o0
r
N
o_
O
o_
Lo
o_
Lo
.a
_
0 0 O
_
_
O
LL!
w)
j
°
v
o
v
to
N
Q
L
t
p
L
o
LL
°
°
°
0
°
0
0
0
°
o
m
o
o
o
C
o
=
0
0
0 0 0
C
C
o
C
r
N
to
O
LO
.p
O LO O
O
O
O
t
N
eO+~
LNn
Lo
N
0
O
V
c
v
L
/i
~
LL
O o O
o
O
o
N
M
O
O
o
O
O
O
O O c O O
C=L
I=t
O
r
M
O
LLY
In
.p
0 0 O O
t0
O
41
C
N
M
LOO
LNO
N
O N N CO•
m
Cr
4N7
LL
N
O
O
O
O O O O
O
O
O
LT
o
C
0
c
0 0 0 0
0 0 0 0
0
0
0
0
0
0
r
M
t0
O
t0
.Q
O t0 0 0
0
0
0
t~
M
r-
0
N
t0 ao N c
rn
L°n
V
1
°
v
-
LL
0
0
M
0
0 0 0 o
0
0
0
N
Ln
co
o
C
0
0
o
C
O
0
o cn 0 0
0 0 0 0
0
0
0
0
0
0
r
ct
o
ws
Lo
'
.p o
o Lo Ln o
'
Lo
o
wt
N
M
•V
Vim'
N
LOn_
1
LO N H
c7t
}
i.,,
aO
r
W
N
O
o
c:, O
-
O O O
O
O
O
u')
O
O
O O
O O O
O
E
O
C
r
r
p
(m
LL')
O
LA
cm
O
O
O O
L1')
O
l
_
•4
0
O O
tO0 n Lt')
o
0
C.
0
LOO.
=
y
LL '
o
cl
A
I I
O
O
O
O
C, O
O O
O O O
O O O
O
O
0
O
0
Q
N
11
O
O
O O
O C. O
C
O
O
O
r
C
ti
T
O
LC)
Ll') O
.jZ
0 c O
Lf')
°o
O
LO
m
N
m
J
o v
v
I
N
f°
°
i v
c+
a
o
v
C
•
c
+
LL
GI
to
s
d
Lh
c
a
o
m
of
O
W
S Y
r
o
N
0
N
h
'a
O
O !T
O
t
0
=
0
B.
d e{
v
..L N
w
,
Loo
u) 0 rtnn w moo.
_
-4;
1
Lo
C!l r
m
N O
f
0
C
_
O
LO
LO
,Vj
> ~
0
t
0
O rn ow
L
N
O
i
d
S
o
C
S
j
c '
o
N
U
V
O
^
d o
N
N (D -J
N
O
'O
O
C
y
Gf
=
E
l~f
O
C
O
i}
G
C
~
tJ
C
N y
A
N
O
W
C"'
N
.
m
m
d d co
°
a
m
c
n
c~ c
U
uQ
3
N y
3
' V
E C~ N C
N
~
m
C
o
lD
.
,
_
O
O
L N to
W
w 7 'S >
L~
U
0
33
CONDUCT OF TOWN MEETING
Reading's Town Meeting is conducted in accordance with the rules set down in
Article 2 of the Charter and the General Bylaws. Although Town Meeting Time Third
Edition is the basic source, a Town Meeting Member need only be familiar with what is
contained in the Charter. These notes are intended to outline the major points all Town
Meeting Members should know, and which by knowing will make Town Meeting more
understandable.
ORGANIZATION
♦ Town Meeting consists . of 192
elected members, of which 97
constitute a quorum.
e There are two required sessions: The
Annual Meeting in Spring which is
primarily for fiscal matters and
acceptance of the annual budget,
and the Subsequent Meeting in
November. Special Town Meetings
may be called at any time that the
need arises.
subject may be discussed together;
however, only one is formally on the
floor, and each when moved is acted
upon individually. Note that the vote
on one may influence the others.
♦ Members who wish to speak shall
rise, state their name and precinct in
order to be recognized.
♦ A Member may speak for ten (10)
minutes but permission must be
asked to exceed this limit.
♦ There are three main committees
which review certain Articles and
advise Town Meeting of their
recommendations:
Finance for all expenditures of funds,
Bvlaw for all bylaw changes, and the
Community Planning and
Development Commission for all
zoning changes.
Their reports are given prior to
discussing the motion.
GENERAL RULES OF PROCEDURE
♦ The Meeting is conducted through
the Warrant Articles which are
presented (moved) as motions.
Only one motion may be on the floor
at a time; however, the motion may
be amended. Often two or more
Articles which address the same
♦ Seven (7) Members can question a
vote and call for a standing count,
and twenty (20) can ask for a roll call
vote; however, a roll call vote is
seldom used because of the time it
takes.
PRINCIPAL MOTION ENCOUNTERED
AT TOWN MEETING
The following motions are the principal
ones used in most cases by Town
Meeting to conduct its business.
Experience shows that the Members
should be familiar with these.
♦ Adjourn: Ends the sessions, can be
moved at any time.
♦ Recess: Stops business for a short
time, generally to resolve a
procedural question or to obtain
information.
34
♦ Lay on the Table: Stops debate
♦ Question of Privilege: Sometimes
{
with the intention generally of
used to offer a resolution. Should
bringing the subject up again later.
not be used to "steal" the floor.
May also be used to defer action on
an Article for which procedurally a
♦ Point of Order: To raise a question
negative vote is undesirable.
concerning the conduct of the
Note that tabled motions die with
Meeting.
adjournment.
♦ Point of Information: To ask for
♦ Move the Previous Question:
information relevant to the business
Upon acceptance by a two-thirds
at hand.
(213) vote, stops all debate and
brings the subject to a vote. This
MULTIPLE MOTIONS
is generally the main motion, or
SUBSEQUENT (MULTIPLE) MOTIONS
♦ The most recent amendment, unless
qualified by the mover. The reason
If the subsequent motion to be offered,
for this as provided in Robert's Rules
as distinct from an amendment made
of Order is to allow for other
during debate, includes material which
amendments should they wish to be
has previously been put to a vote and
presented.
defeated, it will be viewed by the
Moderator as reconsideration and will
♦ Amend: Offers changes to the main
not be accepted.. If the subsequent
motion. Must be in accordance with
motion contains distinctly new material
the motion and may not substantially
which is within the scope of the Warrant
alter the intent of the motion. In
Article, then it will be accepted. An
~
accordance with Robert's Rules of
example of this latter situation is
Order, only one p0., ::pry and one
successive line items of an omnibus
secondary motion wili be allowed on
budget moved as a block.
the floor at one time, unless
specifically accepted by the
SUBJECT TO THE FOLLOWING
Moderator.
CONSIDERATIONS
♦ Indefinitely Postpone: Disposes
a The maker of any proposed multiple
of the Article without a yes or no
motion shall make their intent
vote.
known, and the content of the
motion to be offered shall be
♦ Take from the Table: Brings back a
conveyed to the Moderator - prior to
motion which was previously laid on
the initial calling of the Warrant
the table.
Article.
♦ Main Motion: The means by which
♦ Once an affirmative vote has been
a subject is brought before the
taken on the motion then on the floor
Meeting.
- no further subsequent alternative
motions will be accepted. (Obviously
THE FOLLOWING MOTIONS MAY BE
does not apply to the budget, for
USED BY A MEMBER FOR THE
example.)
PURPOSE NOTED:
35
♦ Also - There can only be one motion
on the floor at any one time. You
have the ability to offer amendments
to the motion that is on the floor. You
also have the ability to move for
reconsideration.
TOWN OF READING BYLAWS
ARTICLE 2: TOWN MEETINGS
2.1 General
Section 2.1.1
The Annual Town Meeting shall be held
on the third Tuesday preceding the
second Monday in April of each year for
the election of Town Officers and for
other such matters as required by law
to be determined by ballot.
Notwithstanding the foregoing, in any
year in which presidential electors are to
be elected, the Board of Selectmen may
schedule the commencement of the
Annual Town Meeting for the same date
designated as. the date to hold the
Presidential Primary.
Section 2.1.2
The polls for the Annual Town Meeting
shall be opened at 7:00 a.m. and shall
remain open until 8:00 p.m.
Section 2.1.3
All business of the Annual Town
Meeting, except the election of such
Town officers and the determination of
such matters as required by law to be
elected or determined by ballot, shall be
considered at an adjournment of such
meeting to be held at 7:30 p.m. on the
second Monday in April, except if this
day shall fall on a legal holiday, in
which case the Meeting shall be held
on the following day or at a further
adjournment thereof.
Section 2.1.4
A Special Town Meeting called the Sub-
sequent Town Meeting shall be held on
the second Monday in November,
except if this day shall fall on a legal
holiday, in which case the Meeting shall
be held on the following day.
The Subsequent Town Meeting shall
consider and act on all business as may
properly come before it except the
adoption of the annual operating budget.
Section 2.1.5
Adjourned sessions of every Annual
Town Meeting after the first such
adjourned session provided for in
Section 2.1.3 of this Article and all
sessions of every Subsequent Town
Meeting, shall be held on the following
Thursday at 7:30 p.m. and then on the
following Monday at 7:30 p.m. and on
consecutive Mondays and Thursdays,
unless a resolution to adjourn to another
time is adopted by a majority vote of the
Town Meeting Members present and
voting.
Section 2.1.6
The Board of Selectmen shall give
notice of the Annual, Subsequent or any
Special Town Meeting at least fourteen
(14) days prior to the time of holding
said Meeting by causing an attested
copy of the Warrant calling the same to
be posted in one (1) or more public
places in each precinct of the Town, and
either causing such attested copy to be
published in a local newspaper or
providing in a manner such as
electronic submission, holding for
pickup, or mailing, an attested copy of
said Warrant to each Town Meeting
Member.
Section 2.1.7
All Articles for the Annual Town Meeting
shall be submitted to the Board of
Selectmen not later than 8:00 p.m. on
the fifth Tuesday preceding the date of
election of Town officers unless this day
is a holiday in which case the following
day shall be substituted.
36
All Articles for the Subsequent Town
M eting shall be submitted to the Board
of Selectmen not later than 8:00 p.m.
on the fifth Tuesday preceding the
Subsequent Town Meeting in which
action is to be taken, unless this day is
a holiday, in which case the following
day shall be substituted.
Section 2.1..8
The Board of Selectmen, after drawing
a Warrant for a Town Meeting, shall
immediately deliver a copy of such
Warrant to each Member of the Finance
Committee, the Community Planning
and Development Commission, the
Bylaw Committee and the Moderator.
2.2 Conduct of Town Meetings
Section 2.2.1
In the conduct of all Town Meetings, the
following rules shall be observed:
Rule 1: A majority of the Town Meeting
Members shall constitute a quorum for
doing business.
Rule 2: All Articles on the Warrant shall
be taken up in the order of their
arrangement in the Warrant, unless
otherwise decided by a majority vote of
the Members present and voting.
Rule 3: Prior to debate on each Article
in a Warrant involving the expenditure of
money, the Finance Committee shall
advise the Town Meeting as to its
recommendations and the reasons
therefore.
Rule 4: Prior to a debate on each
Article in a ,'arrant involving changes in
the Bylaw ;jr Charter, petitions for a
special act, or local acceptance by Town
Meeting of a State statute, the Bylaw
Committee shall advise the Town
Meeting as to its recommendations and
reasons therefore.
Rule 5: Every person shall stand when
speaking, shall respectfully address the
Moderator, shall not speak until
recognized by the Moderator, shall state
his name and precinct, shall confine
himself to the question under debate
and shall avoid all personalities.
Rule 6: No person shall be privileged
to speak or make a motion until after he
has been recognized by the Moderator.
Rule 7: No Town Meeting Member or
other person shall speak on any
question more than ten (10) minutes
without first obtaining the permission of
the Meeting.
Rule 8: Any non-Town Meeting
Member may speak at a Town Meeting
having first identified himself to the
Moderator. A proponent of an Article
may speak on such Article only after first
identifying himself to the Moderator and
obtaining permission of Town Meeting to
speak. No non-Town Meeting Member
shall speak on any question more than
five (5) minutes without first obtaining
the permission of the Meeting. Non-
Town Meeting Members shall be given
the privilege of speaking at Town
Meetings only after all Town Meeting
Members who desire to speak upon the
question under consideration have first
been given an opportunity to do so.
Rule 9: Members of official bodies who
are not Town Meeting Members shall
have the same right to speak, but not to
vote, as Town Meeting Members on all
matters relating to their official bodies.
Rule 10: No speaker at a Town
Meeting shall be interrupted except by a
Member making a point of order or
privileged motion or by the Moderator.
37
f
l
Rule 11: Any person having a
monetary or equitable interest in any
matter under discussion at a Town
Meeting and any person employed by
another having such an interest, shall
disclose the fact of his interest or his
employer's interest before speaking
thereon.
Rule 12: The Moderator shall decide all
questions of order subject to appeal to
the meeting, the question on which
appeal shall be taken before any other.
Rule 13: When a question is put, the
vote on all matters shall be taken by a
show of hands, and the Moderator shall
declare the vote as it appears to him. If
the Moderator is unable to decide the
vote by the show of hands, or if his
decision is immediately questioned by
seven (7) or more members, he shall
determine the question by ordering a
standing vote and he shall appoint
tellers to make and return the count
directly to him. On request of not less
than twenty (20) members, a vote shall
be taken by roll call.
Rule 14: All original main motions
having to do with the expenditure of
money shall be presented in writing, and
all other motions shall be in writing if so
directed by the Moderator.
Rule 15: No motion shall be received
and put until it is seconded. No motion
made and seconded shall be withdrawn
if any Member objects. No amendment
not relevant to the subject of the original
motion shall be entertained.
Rule 16: When a question is under
debate, no motion shall be in order
except (1) to adjourn, (2) to lay on the
table or pass over, (3) to postpone for a
certain time, (4) to commit, (5) to
amend, (6) to postpone indefinitely or
(7) to fix a time for terminating debate
and putting the question, and the afore-
said several motions shall have
precedence in the order in which they
stand arranged in this Rule.
Rule 17: Motions to adjourn (except
when balloting for offices and when
votes are being taken) shall always be
first in order. Motions to adjourn, to
move the question, to lay on the table
and to take from the table shall be
decided without debate.
Rule 18: The previous question shall
be put in the following form or in some
other form having the same meaning:
"Shall the main question now be put?,"
and until this question is decided all
debate on the main question shall be
suspended. If the previous question be
adopted, the sense of the meeting shall
immediately be taken upon any pending
amendments in the order inverse to that
in which they were moved except that
the largest sum or the longest time shall
be put first, and finally upon the main
question.
Rule 19: The duties of the Moderator
and the conduct and method of
proceeding at all Town Meetings, not
prescribed by law or by rules set forth in
this Article, shall be determined by rules
of practice set forth in Town Meeting
Time Third Edition except that to lay on
the table shall require a majority vote.
Section 2.2.2
It shall be the duty of every official body,
by a Member thereof, to be in
attendance at all Town Meetings for the
information thereof while any subject
matter is under consideration affecting
such official body.
Section 2.2.3
All committees authorized by Town
Meeting shall be appointed by the
Moderator unless otherwise ordered by
a vote of the Members present and
38
voting. All committees shall report as
directed by the Town Meeting.. If no
report is made within a year after the
appointment, the committee shall be
discharged unless, in the meantime, the
Town Meeting grants an extension of
time. When the final report of a
committee is placed in the hands of the
Moderator, it shall be deemed to be
received, and a vote to accept the same
shall discharge the committee but shall
not be equivalent to a vote to adopt it.
Section 2.2.4 Motion to Reconsider
2.2.4.1 A motion to reconsider any
vote must be made before the final
adjournment of the Meeting at which the
vote was passed but such motion to
reconsider shall not be made at an
adjourned meeting unless the mover
has given notice of his intention to make
such a motion, either at the session of
the meeting at which the vote was
passed or by written notice to the Town
Clerk within twenty-four (24) hours after
the adjournment of such session.
When such motion is made at the
session of the meeting at which the vote
was passed, said motion shall be
accepted by the Moderator but
consideration thereof shall be
postponed to become the first item to be
considered at the next session unless all
remaining Articles have been disposed
of, in which case reconsideration shall
be considered before final adjournment.
There can be no reconsideration of a
vote once reconsidered or after a vote
not to reconsider. Reconsideration may
be ordered by a vote of two-thirds (2/3)
of the votes present.
Arguments for or against
reconsideration may include discussion
of the motion being reconsidered
providing such discussion consists only
of relevant facts or arguments not
previously presented by any speaker.
2.2.4.2 The foregoing provisions
relating to motions to reconsider shall
not apply to any such motion made by
the Board of Selectmen and authorized
by the Moderator as necessary for the
reconsideration of actions previously
taken by Town Meeting by reason of
State or Federal action or inaction or
other circumstances not within the
control of the Town or Town Meeting.
In the event such a motion to reconsider
is made and authorized, said motion
may be made at any time before the
final adjournment of the Meeting at
which the vote was passed, said motion
may be made even if the vote was
already reconsidered, or was the subject
of a vote not to reconsider and
reconsideration may be ordered by a
vote of two-thirds (2/3) of the votes
present.
2.2.4.3 Notice of every vote to be
reconsidered at an adjourned Town
Meeting shall be posted by the Town
Clerk in one (1) or more public places in
each precinct of the Town as soon as
possible after adjournment, and he
shall, if practicable, at least one (1) day
before the time of the next following
session of said Adjourned Meeting,
publish such notice in some newspaper
published in the Town.
Said notice shall include the vote to be
reconsidered and the place and time of
the next following session of said
Adjourned Meeting. The foregoing
notice provisions shall not apply when a
motion to reconsider any Town Meeting
action is made publicly at Town Meeting
before the adjournment of any session
of any Adjourned Town Meeting.
Section 2.2.5
The Selectmen shall, at each Annual
Town Meeting, give to the Members
information of the State of the Town.
39
Section 2.2.6
The Town Meeting Members and Town
Meeting Members-Elect from each
precinct shall hold an annual precinct
meeting after the Annual Town Election
but before the convening of the
business sessions of the Annual Town
Meeting.
The purpose of the meeting shall be the
election of a Chairman and a Clerk and
to conduct whatever business may be
appropriate. Chairman shall serve no
more than six (6) consecutive years in
that position. Additional precinct
meetings may be called by the
Chairman' or by a petition of six (6)
Town Meeting Members of the precinct.
Section 2.2.7 Removal of Town
Meeting Members
2.2.7.1 The Town Clerk shall
mail, within thirty (30) days after the
adjournment sine die of a Town
Meeting, to every-Town Meeting
Member who has attended less than
one half (1/2) of the Town Meeting
sessions since the most recent Annual
Town Election, a record of his
attendance and a copy of Section 2-6 of
the Charter.
2.2.7.2 Town Meeting Members
of each precinct shall consider at a.
precinct meeting to be conducted in
accordance with Section 2.2.6 of these
Bylaws and Section 2-6 of the Charter,
preceding the consideration of the
Article placed upon the Annual Town
Meeting Warrant in accordance with
Section 2-6 of the Charter, the names of
Town Meeting Members in that precinct
appearing on said Warrant Article and
adopt recommendations to Town
Meeting as to what action should be
taken regarding each such Member.
The Chairman of each precinct or his
designee shall make such
recommendations along with supporting
evidence and rationale to Town
Meeting.
2.2.7.3 The names of the
Members subject to removal in
accordance with Section 2-6 of the
Charter shall be grouped by precinct in
the Warrant Article required by said
Section.
Section 2.2.8 Meetings During
Town Meeting
No appointed or elected board,
commission, committee or other entity of
Town Government shall schedule or
conduct any hearing, meeting or other
function during any hours in which an
Annual, Subsequent or Special Town
Meeting is in session or is scheduled to
be in session.
Any such - board, commission or
committee which schedules or holds a
meeting or hearing on the same
calendar day but at a time prior to a
session of Town Meeting shall adjourn
or recess not less than five (5) minutes
prior to the scheduled session of Town
Meeting.
Any Board, Commission or Committee
may, at the opening of any session of
Town Meeting, present to that Town
Meeting an instructional motion
requesting an exemption from this
Bylaw and asking that Town Meeting
permit it to meet at a date and hour at
which a future session of Town Meeting
is scheduled and may present reasons
for' Town Meeting to give such
permission.
Notwithstanding the foregoing, any
board, commission or committee which
meets the requirements of Section 23B
of Chapter 39 of the General Laws
concerning emergency meetings may,
upon meeting such requirements,
conduct such a meeting or hearing at a
time scheduled for a Town Meeting.
40