HomeMy WebLinkAbout2008-11-10 Subsequent Town Meeting Warrant ReportSUBSEQUENT TOWN MEETING
NOVEMBER 10, 2008
TABLE OF CONTENTS
Title
Sponsor
Page #
Article
1
Reports
Board of Selectmen
2
2
Instructions
Board of Selectmen
2,3
3
Amend Capital Improvements Program
Board of Selectmen
3,4
FY 2009 - FY 2018
4
Amend the FY 2009 Budget
Finance Committee
4 -9
5
Payment of Prior Years Bills
Board of Selectmen
9
6
Establishment of a Stabilization Fund — 40R
Board of Selectmen
9,10
7
Transfer Unexpended Debt Proceeds to
Board of Selectmen
10
Water Reserves
8
Approval of Revolving Fund — Suburban
Board of Selectmen
10,11
Mobility Grant
9
Authorize Debt— Energy Improvements
School Committee
11 -13
10
Authorize Debt — Road Improvements
Board of Selectmen
13,14
11
Authorize Debt — Fire Engine
Board of Selectmen
14,15
12
Authorize Debt — Land Acquisition — Ipswich
Board of Selectmen
15 -17
River Greenway
13
Accept "Small Personal Property Accounts —
Board of Assessors
17,18
Property Tax Exemption" GL Ch. 59 5(54)
added by Ch. 159 114 of Acts of 2000
14
Street Acceptance — Baldwin Lane
Board of Selectmen
18,19
15
Vacating portion of water line easement and
Board of Selectmen
19,20
accepting substitute easement — Peter
Sanborn Place
16
Acceptance of portion of Fairchild Drive
Board of Selectmen
20,21
cul -de -sac
Article
Title
Sponsor
Page #
17
Amend Veterans Memorial Fund
Veterans Memorial Trust
21,22
Committee
18
Authorize Implementation — Trench
Board of Selectmen
22,23
Inspections
19
Subordination of Sewer Easement — Woburn
Board of Selectmen
23,24
20
Setting Demand Fees per MGL Ch. 60,
Board of Selectmen
24,25
Section 15
21
Zoning By -Law Amendments — Signs
CPDC
25
22
Zoning By -Law Amendment — Correction of
CPDC
26
typo's
APPENDIX
RMLD Report
28
FY 2009 -FY 2018 Capital Improvements
Blue Pages
29 -44
Program
Conduct of Town Meeting
45 -51
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, 1, on Of3tober 22, 2008 notified and warned the
inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the
place and at the time specified by posting attested copies of this Town Meeting Warrant
in the following public places within the Town of Reading:
Precinct 1 J. Warren Killam School, 333 Charles Street
Precinct 2 Peter Sanborn Place, 50 Bay State Road
Precinct 3 Reading Police Station, 15 Union Street
Precinct 4 Joshua Eaton School, 365 Summer Avenue
Precinct 5 Town Hall, 16 Lowell Street
Precinct 6 Austin Preparatory School, 101 Willow Street
Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8 Wood End School, 85 Sunset Rock Lane
The date of posting being not less than fourteen (14) days prior to November 10, 2008,
the date set for the Subsequent Town Meeting in this Warrant.
I also caused an attested copy of this Warrant to be published in the Reading
Chronicle in the issue of October 22, 2008.
A true copy. Attest:
heryl A. ohnson, To n Clerk
I TOomas H. Freeman, Constable
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 10, 2008, 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 I 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: The following reports are expected to be given under this Article:
• RMLD Annual Report
• State of the Schools
• Report on Roads - Follow up on Instructional Motion
Reports may be included in the back of this report if possible.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 2 1 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: There are no known Instructional Motions at this time. As a general rule,
Instructional Motions are reserved for the last evening of Town Meeting, and the
Moderator requests that any Town Meeting Member who intends to offer an Instructional
Motion let him know at least one session in advance so that he can let Town Meeting
Members know that in advance.
Finance Committee Report: No report.
\---' No report.
ARTICLE 3 To see if the Town will vote to amend the FY 2008 - P/ 2018
Capital Improvements Program as provided for iD Section 7-7 of the Reading Home Rule
Charter, or take any other action with respect thereto.
Board PfSelectmen
The following amendments are proposed to the FY 2009 — FY 2018 and
FY 2019 Capital Improvements Program (C|P). 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 C|P in included in the blue pages in the back of this
report.
The following are proposed modifications to the C|P approved at the AOOUa|
Town Meeting:
C1 to C99 - All FY 2019 items are new to the CIP.
C2_ School Building Improvements:
Various school buildings: Cost estimate changes FY10-FY19;
$10.000 for roofing FY08; $15.000 for B8cuhh/ system in FT09;
$10'000 for sidewalk improvements FY'09|
Birch Meadow: $10,000 for electrical systems in FY10; $15'000 for security
system inFY1O (moved from FY11);
Joshua Eaton: $25.000 for H\4\C/Energy K8g0Dt. in F`f10; $30.000 for
technology infrastructure in FYOB;
$.00.00D for roofing iOFY1M (moved from FY12-13); $15.00O for security
systems in F`f10;
Wood End: $18'000 for H\AA[XEnerQy W1gmt. in FY10 (moved from F`f00\;
$1O.00O for roofing in FY00; $1O.000 for electrical systems in F"Y10;
$10'000 for classroom furniture in F\yOQ; $20.000 for HVA[XEnergy
K8gnDt. in FY1O (moved from FYOB\;
$10.000 for 40 new lockers in FYOS; $15.000 for security syeienln in
FY11 (moved from F`/1O);
-Town Building Improvements:
Various Town buildings: Cost estimate changes FY1O-FY19;
Senior Center: 'OOD for kitchen improvements (moved from FY12); $10.000
for roofing in FYOS;
Library: �1O.00OfOrcarp8Vf|oo[ing in FY08; $O5.O0O for roofing in FY11|
DPW Garage: ----- $2O.00O for MVAC/Ener0y K8gmt. in FY08; $15.00O for roofing in
FY08 and $85.000 for roofing in FY11; $50'OOO for garage expansion design in
FY10; $3OO.00D for garage expansion construction inFY11;
C0- Library Improvement
$100,000 for circulation system inFY11 (increased cost and moved from FY1D).
�7-
- engine inFYO8 (increased cost and moved V one year);
Various cost estimate changes for several pieces of equipment in FY1 0-FY1 9;
C8— Public Works - Equipment:
$35.00O for Pickup truck #1 1 -'
$35.00O for Pickup truck #8 Parks inFYO8 (moved from FY11); \
Moved from FY0QtoFY1O: Car #3|bJFY11 Pickup #2 Parks and Pickup #7;
$20,000 48''LeafVaciDFf11;
$3O.OUO Truck Mount 5000a| Sprayer iOFY13;
Various cost estimate changes for several pieces of equipment inFY10-FY18;
C1O-
Public Works — Parks (Playgrounds):
xtensive re-arrangement of project schedules and estimated costs;
$250,000 for Coolidge field improvements in FY12;
$0O1'ODO for various Birch Meadow Complex improvements inF`/1O-FY19|
C11— Roadway Improvements:
$2U.UUUmFYuo for crack seal
$20,000 annually from FYOg-P/18 for sdRl+coatDQ;
Increased local funding to road improvements.
Finance Commiftee Report: At their meeting on October 9 2008 the Finance
Committee Voted 5-0-0 UJ recommend approval of this Article. This Article places items
into the Capital Fz|on for further discussion in the budget process. It does not appropriate
any funds.
Bylaw Commiftee Report: No report.
ARTICLE 4 To see U the Town will vote to amend one or more of the votes
taken under Article 11 Of the Aoh| 28' 2008 Annual Town Meeting relating to the Fiscal [
Year 2009 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
The following FY2OO8Budget transfers are proposed for consideration at
the 2008 Subsequent Town Meeting:
General Fund — Wages and Expenses
First is of expense and [eVGOme changes that will bring the
Town's FY 2009 Budget into compliance with a recent 2008 ruling from the
Massachusetts Department of Revenue. There is no direct budget impact:
Account Line
Description — Block A
Decrease
Increase
Mi
Accounting — Wages
$26,854
M2
Accounting — Expenses
$ 276
4
N15
Finance (FINCOM, Human Res.,
$180,613
Technology, General) — Wages
• Water $58,243
• Sewer $54,563
• RMLD $67,807
N16
Finance (FINCOM, Human Res.,
$105,641
Technology, General) — Expenses
• Water $39,766
• Sewer $37,255
• RMLD $28,620
Q6
Town Manager's Office — Wages
$ 26,896
• Water $13,886
• Sewer $13,010
• RMLD -None
S19
Public Works (Admin., Engineering,
$312,173
Highway) — Wages
• Water $203,638
• Sewer $108,535
S20
Public Works (Admin, Engineering,
$ 35,329
Highway) — Expenses
• Water $22,771
• Sewer $12,558
Subtotals
$687,782
• Wages $546,536
• Expenses $141,246
Revenue - Net from Operating
$687,782
Transfers and Available Funds:
• Water EF $347,625
• Sewer EF $234,651
• RMLD $105,506
Finance Committee Report: At their meeting on October 9, 2008, the Finance
Committee voted 5 -0 -0 to recommend approval of Block A of this Article. No additional
funds are spent or moved within the budget. This will bring the Town's budget into
compliance with a recent accounting change from the Massachusetts Department of
Revenue.
Next is Block B (shown below) of changes to both expenses and revenues that are a
result of new information and requests. Not included is the sum of $60,000 which would
be the local match for a "Suburban Mobility" grant to institute van service in Reading.
This was not included because of the uncertainty of the availability of the grant funds,
given the current status of the State Budget and the economy.
The Town has since learned that the grant is still available but because of
concerns about further needed modifications to the Town Budget for FY 2009 and
possible reductions in FY2010, the Board of Selectmen is not in favor of moving forward
with this financial commitment at this time.
l
Account Line
Description — Block B
Decrease
Increase
B99
Benefits
$ 50,000
• Health Insurance - Benefit
changes ($70,500)
• Technician $15,600
• DPW Director overlap $4,900
N15
Finance Salaries — Technology
$ 44,475
Technician
N16
Finance Expenses — H.R.
$ 8,500
Professional Development
S19
Public Works Salaries
$ 31,400
DPW Director overlap
T8
Public Safety Expenses
$ 9,000
Police Academy (reimbursed by new
Officers into the general fund
M1 — T7
Pay and Class Study Results
$ 70,000
Subtotals
$ 58,500
$ 154,875
Net Amount
$ 96,375
Source of Funds
• Tax Levy (New Growth)
$ 71,750
• Water Reserve Fund
$ 15,975
• Sewer Reserve Fund
$ 8,650
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted to recommend approval as follows on the various line items in Block B:
• B99 voted 7 -0 -0 to reduce Health Insurance;
The Finance Committee supports making this excess revenue available
for other needs.
N15 voted 6 -1 -0 to add Technician;
The Department Heads made a strong case for the need for this position
to improve efficiency in all departments. The implementation of
technology has created a demand for technology assistance beyond the
capacity of current staff to deal with it adequately. The minority vote felt
that this is an inappropriate time to add staff.
• N16 voted 7 -0 -0 to reduce H.R. expenses;
The Finance Committee supports making this excess revenue available
for other needs.
• S19 voted 6 -1 to fund overlap for DPW Administrator;
The Finance Committee believes this is a prudent move to provide
assimilation of institutional knowledge by a new Department Head. The
minority vote felt that the current economic climate makes this an
unaffordable luxury.
• T8 voted 7 -0 -0 to fund Police Academy expenses;
The Finance Committee supports this item as a revenue neutral
housekeeping move.
C,
• M1 through T7 voted 6-1 to fund initial step towards Pay and Class study results;
The Finance Committee felt that the verbal report of the results of the
study and management indicates a need to start adjusting the pay
structure to promote employee retention, and was sufficient to justify
beginning to implement improvements in the pay grades since it is a
modest beginning that represents approximately 20% of what would
actually be needed. Members of FINCOM felt that it is important to have
a sustainable H.R. infrastructure in place despite the current financial
conditions. The details of the report had not been released at the time of
the vote. The minority vote felt that a mid-year adjustment at a time of
unclear financial future is not justified.
Next is Block C (shown below) of changes to both expenses and revenues in capital and
debt as a result of an April 2008 debt refinancing and other changes. Staff identified over
$1 million in capital requests to be funded at November Town Meeting. Below are only
the highest priority items.
General Fund — Capital and Debt
Account Line
Description — Block C
Decrease
Increase
C2
School Building Improvements
$90,000
• Barrows gutter work $10k
• Barrows sidewalks $10k
• Birch Meadow security sys. $15k
• Eaton infrastructure $30k
• Wood End roofing $10k
• Wood End security system $15k
C3
Town Building Improvements
$95,000
• WS Fire windows $40k
• Senior Center roofing $10k
• Library windows $30k
• DPW Garage roofing _$15k
C9
Public Works — Equipment
$140,000
• Front end loader #928F $140k
C11
Public Works — Roadway Improvements
$ 40,000
• Skim coating $20k
• Crack seal/ patch $20k
D99
Debt Service
• Refinanced previous debt for
$1,083,823
Parker, Joshua Eaton and Birch
Meadow schools and received
lump sum payments from the
MSBA
Subtotals
$1,083,823
$365,000
Net Amount
$ 718,823
Finance Committee Report: At their meetings on October 9 and October 15, 2008,
the Finance Committee voted to recommend approval as follows on the various line
items in Block C:
• C2 voted 7 -0 -0 to fund School Building Improvements (after removing $10,000);
The Finance Committee is committed to maintaining an appropriate level
of Capital spending but felt that given the current uncertain financial
picture, some items should be deferred. In approving this item, a
reduction was made to the total request.
• C3 voted 7 -0 -0 to fund Town Building Improvements (after removing $50,000);
The Finance Committee approved this group of items after reducing the
total initially requested.
• C9 voted 6 -1 -0 to fund Public Works Equipment;
The Finance Committee approved this purchase based on the staff
insistence that this piece of equipment would seriously inhibit the
capability of DPW especially during snow removal. The minority vote felt
additional service could be achieved by the current equipment. �-
•
C11 voted 6 -1 -0 to fund Public Works Roadway Improvements;
The Finance Committee feels additional effort is required to maintain
roadway improvement, and this is a modest addition to the current level of
effort. The minority vote felt that the current financial situation requires
restraint on new spending until the impact of the down economy becomes
clearer.
• D99 voted 5 -0 -0 to reduce the debt service payments;
The Finance Committee voted to reduce the debt service payments as
recommended by the Finance Director.
Bylaw Committee Report: No report.
Enterprise Funds
Account Line
Source of funds
Decrease
Increase
• Tax Levy (New Growth)
Water Fund
$ 88,250
$ 5,000
• Intergovernmental Revenues
$ 933,823
(reduction in annual MSBA
Sewer Fund Debt Service
$ 80,000
payments in exchange for
• Wages (Pay and Class) $5,000
• Pay share of technology project
previously shown as five -year
lump sum)
debt $75,000
• Free Cash
Storm Water Fund
$126,750
Finance Committee Report: At their meetings on October 9 and October 15, 2008,
the Finance Committee voted to recommend approval as follows on the various line
items in Block C:
• C2 voted 7 -0 -0 to fund School Building Improvements (after removing $10,000);
The Finance Committee is committed to maintaining an appropriate level
of Capital spending but felt that given the current uncertain financial
picture, some items should be deferred. In approving this item, a
reduction was made to the total request.
• C3 voted 7 -0 -0 to fund Town Building Improvements (after removing $50,000);
The Finance Committee approved this group of items after reducing the
total initially requested.
• C9 voted 6 -1 -0 to fund Public Works Equipment;
The Finance Committee approved this purchase based on the staff
insistence that this piece of equipment would seriously inhibit the
capability of DPW especially during snow removal. The minority vote felt
additional service could be achieved by the current equipment. �-
•
C11 voted 6 -1 -0 to fund Public Works Roadway Improvements;
The Finance Committee feels additional effort is required to maintain
roadway improvement, and this is a modest addition to the current level of
effort. The minority vote felt that the current financial situation requires
restraint on new spending until the impact of the down economy becomes
clearer.
• D99 voted 5 -0 -0 to reduce the debt service payments;
The Finance Committee voted to reduce the debt service payments as
recommended by the Finance Director.
Bylaw Committee Report: No report.
Enterprise Funds
Account Line
Description — Block D
Decrease
Increase
W5
Water Fund
$ 5,000
• Wages (Pay and Class) $5,000
X5
Sewer Fund Debt Service
$ 80,000
• Wages (Pay and Class) $5,000
• Pay share of technology project
previously shown as five -year
debt $75,000
Y5
Storm Water Fund
$ 0
l` .
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 7-0-0 to recommend approval of Block D.
Bylaw Committee Report: No report.
ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal
Year 2009 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: No action needed and, therefore, this Article is likely to be indefinitely
postponed.
Finance Committee Report:, No report.
Bylaw Committee Report: No report.
ARTICLE 6 To see if the Town will vote to establish a stabilization fund, or
take any other action with respect thereto.
Board of Selectmen
Background: The Town has received $350,000 from the State for the 40R Gateway
Development. If that project does not move forward to construction, the Town could owe
those funds back to the State. Those funds have increased our Free Cash position.
This Article proposes to establish a separate Stabilization Fund for those funds so that
they will be separate and identifiable. At such time as the Gateway Development project
moves into construction, additional funds of approximately $600,000 will also be paid by
the State. Those funds will be added to this Stabilization Fund, and can then be
appropriated by Town Meeting for any lawful purpose — preferably for Capital
expenditures.
Balance at June 30, 2008
Additional Stabilization Fund
Balance (not including Article 4)
Free Cash Stabilization Funds
$5,267,080 $1,453,988
($350,000) $ 350,000
$4,917,080 $1,803,988
A Stabilization Fund is basically a Town savings account. By appropriating
money into the proposed Stabilization Fund, the Town reserves money from which Town
Meeting can appropriate at a future date.
W
Subtotals
$ 85,000
Source of funds:
• Water Reserves (for W5)
$ 5,000
• *Sewer Reserves (for X5)
$80,000
• Storm Water Reserves for Y5)
$ 0
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 7-0-0 to recommend approval of Block D.
Bylaw Committee Report: No report.
ARTICLE 5 To see if the Town will vote to authorize the payment during Fiscal
Year 2009 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: No action needed and, therefore, this Article is likely to be indefinitely
postponed.
Finance Committee Report:, No report.
Bylaw Committee Report: No report.
ARTICLE 6 To see if the Town will vote to establish a stabilization fund, or
take any other action with respect thereto.
Board of Selectmen
Background: The Town has received $350,000 from the State for the 40R Gateway
Development. If that project does not move forward to construction, the Town could owe
those funds back to the State. Those funds have increased our Free Cash position.
This Article proposes to establish a separate Stabilization Fund for those funds so that
they will be separate and identifiable. At such time as the Gateway Development project
moves into construction, additional funds of approximately $600,000 will also be paid by
the State. Those funds will be added to this Stabilization Fund, and can then be
appropriated by Town Meeting for any lawful purpose — preferably for Capital
expenditures.
Balance at June 30, 2008
Additional Stabilization Fund
Balance (not including Article 4)
Free Cash Stabilization Funds
$5,267,080 $1,453,988
($350,000) $ 350,000
$4,917,080 $1,803,988
A Stabilization Fund is basically a Town savings account. By appropriating
money into the proposed Stabilization Fund, the Town reserves money from which Town
Meeting can appropriate at a future date.
W
Stabilization Funds are viewed favorably by rating agencies. Favorable rating
agency reviews can result in lower interest rates on future borrowings.
Funding the Stabilization Fund takes a 2/3 vote of Town Meeting, and
appropriating money from the Stabilization Fund also takes a 2/3 vote.
Finance Committee Report: At their meeting on October 9, 2008, the Finance
Committee voted 5-0-0 recommend approval of this Article. After discussion of the
wisdom of having multiple stabilization fund accounts, management staff convinced
FINCOM that this was a practical approach to managing these funds
Bylaw Committee Report: No report.
ARTICLE 7 To see if the Town will vote to transfer the sum of $42,868, which
was previously appropriated and raised by borrowing under Article 10 of the Warrant at
the November 14, 2005 Town Meeting, and which sum is no longer needed to complete
the project for which it was initially borrowed, to pay additional costs of entrance fees,
costs of connection, demolition of the existing Water Treatment Plant and other
modifications to the water distribution system, and other expenses for the same, as
permitted by the provisions of Chapter 44, Section 20 of the General Laws, or take any
other action with respect thereto.
Board of Selectmen
Background: Article 10 of the Warrant at the November 14, 2005 Town Meeting
authorized debt in the amount of $2.0 million for various water main projects. A total of
$600,000 of debt was issued — and a partial list of the projects identified was completed,
including High Street (Woburn Street — Lowell Street) and Auburn Street — Bancroft
Avenue.
Subsequent large water main work was deferred once Town Meeting voted on
water sourcing in order to first pay the entry fees into the MWRA. As a result, the June
2008 Town Meeting voted to rescind the remaining $1.4 million of previously authorized
debt, since the large water main projects are not scheduled to begin for several years.
Today, there is a surplus of $42,869 in unexpended bond proceeds from the
original $600,000. A vote of Town Meeting is required to move this surplus to additional
costs of entrance fees, costs of connection, demolition of the existing Water Treatment
Plant and other modifications to the water distribution system as described above.
Finance Committee Report: At their meeting on October 9, 2008, the Finance
Committee voted 5-0-0 to recommend approval of this Article. FINCOM determined that
returning the excess project funds is the appropriate action.
Bylaw Committee Report: No report.
ARTICLE 8 To see if the Town will vote to establish a revolving fund under
Massachusetts General Laws Chapter 44, Section 53EI/2 to be known as the "Suburban
Mobility Revolving Fund", which shall be accounted for separately from all other monies
of the Town, and to which are to be deposited fees, charges, gifts and donations
10
received from operation of transportation services created in part from the Suburban
Mobility Grant, said expenditures to be administered by the Town Manager without
further appropriation, and to specify as follows:
1. The revolving fund shall be expended only for the purpose of Suburban Mobility;
2. Only fees, charges, gifts and donations received from operation of transportation
services shall be deposited in such account;
3. The Town Manager shall be the only person authorized to expend such fund; and
4. The amounts to be expended for Fiscal FY09 shall not exceed $50,000.
or take any other action with respect thereto.
Board of Selectmen
Background: The Town of Reading is the recipient of a "Suburban Mobility" grant from
the State. This three year grant will enable the Town of Reading to operate a van
service with the a.m. and p.m. peak service providing shuttle service on a fixed route to
the Depot in Reading, and mid-day weekday trips available throughout the community.
. Because the grant spans three years, and the Town is interested in securing
other grant funds and donations in order to smooth the cost to the Town over the three
years and allow fares to be expended to offset costs of the service, a revolving fund is
needed for this purpose. This revolving fund will be renewed annually.
The grant matching funds have not been included in the recommended changes
tot the FY 2009 Budget under Article 4. If this remains the case, then this Article may be
indefinitely postponed.
Finance Committee Report: At their meeting on October 9, 2008, the Finance
Committee voted 5-0-0 to recommend approval of this Article. The Committee supports
segregating the Suburban Mobility funding in a separate revolving fund for the grant and
any future revenues collected, consistent with the segregation of funds for other areas.
This approach will protect the balance of free cash in the event that all or a portion of the
initial grant needs to be refunded to the State.
Bylaw Committee Report: No report.
ARTICLE 9 To see what sum the Town will raise by borrowing, or transfer
from available funds, or otherwise, and appropriate for the purpose of making energy
and similar improvements to Town owned buildings, including the costs of consulting
services, audits, plans, documents, cost estimates, bidding services and all related
expenses incidental thereto and necessary in connection therewith, said sum to be
expended by and under the direction of the Superintendent of Schools and the Town
Manager; and to see if the Town will authorize the School Committee, Board of
Selectmen, Superintendent of Schools, Town Manager, or any other agency of the
Town, to apply for a grant or grants to be used to defray the cost of all or any part of said
energy and similar improvements; and to authorize the Superintendent of Schools and/or
the Town Manager to enter into any an ' d all contracts and agreements as may be
necessary to carry out the purposes of this Article, or take any other action with respect
thereto. School Committee
11
Back-ground: The Reading School Committee, on behalf of the Town of Reading, has
issued a Request for Qualifications seeking providers to implement a comprehensive
program of Energy Management Services for its municipal and school buildings under
Massachusetts General Laws, Chapter 25A, §111. Under this statute, public agencies
may enter into an Energy Management Services contract with an Energy Services
Company (ESCO) to provide comprehensive services that typically include the design,
engineering, financing, installation and maintenance of energy conservation measures to
improve energy efficiency, reduce energy and water consumption, and improve
environmental performance of municipal buildings. Commonly implemented
improvements include energy efficient lighting, air-conditioning systems, energy
management controls or motor replacements. The cost of design, engineering, financing
and installing the energy conservation measures can be paid for in part or in whole with
the savings generated from the installation of the energy conservation measures.
Furthermore, the energy savings are guaranteed by the ESCO. The length of the
payback period is driven by which specific energy conservation measures the Town
chooses to implement, and all work is guaranteed for the life of the contract with the
ESCO.
Once the Statements of Qualification have been evaluated, the selected ESCO
will perform comprehensive and extensive technical energy audits of all building
components and systems including but not limited to electrical, heating, ventilation, air
conditioning, water and sewer, windows, doors, insulation and roofing. Based on the
information obtained in these technical audits, the ESCO will present a comprehensive
menu of energy conservation measures that it has identified including the initial cost, the
projected energy savings, and the projected payback period for each measure.
Should the Town decide to proceed with a project, it will enter into negotiations
with the ESCO with respect to the terms and conditions including which measures to
implement, the length and terms of financing, and methods for measuring and verifying
energy savings. Should the Town decide not to proceed with a project, the Town will be
assessed an "exit fee" by the ESCO to pay for a portion of the costs of the technical
audits and will retain the results of the audit. Research indicates that the exit fee will
cost $0.10 per square foot of audited space which represents 25% of the actual cost of
the technical audits. If all buildings were to be included, the cost to the Town for the exit
fee would be approximately $100,000. An additional amount of $20,000 is requested for
the services of legal, financial and engineering consultants as needed during the
evaluation and negotiation periods.
The RFQ was issued on October 15, 2008. Statements of Qualification are due
on November 21, 2008 with an anticipated contract award date of early January, 2009.
Finance Committee Report: At their meeting on October 1, 2008, the Finance
Committee voted 7-0-0 to recommend approval of this Article - with the condition that the
amount authorized by this motion not exceed $120,000. The Committee was particularly
supportive of the performance based contract in that it allows the Town to undertake a
series of energy savings projects in a far shorter time and at much lower costs than if the
projects were bid separately. It would shift costly items out of the capital plan freeing
dollars for other capital projects. The Committee was also supportive of the positive
environmental impacts as well as the fact that the vendor would be a long-term partner.
12
The Finance Committee urged the School Committee to use every possible
resource, including outside professionals, to assist in negotiating the contract with the
vendor since the long-term benefit to the Town will be largely determined by the energy
savings assumptions negotiated in the upfront contract. To minimize risk, FINCOM also
suggested that the School Committee consider a blend of financing options for the
project and not just rely on energy savings.
Bylaw Committee Report: No report.
ARTICLE 10 To see what sum the Town will raise by borrowing, or transfer
from available funds, or otherwise, and appropriate for the purpose of constructing road
Improvements, including the costs of consulting services, plans, documents, cost
estimates, bidding services and all related expenses incidental thereto and necessary in
connection therewith, said sum to be expended by and under the direction of the Town
Manager; and to see if the Town will authorize the Board of Selectmen, the Town
Manager, or any other agency of the Town, to apply for a grant or grants, to be used to
defray the cost of all, or any part of, said road improvements; and to authorize the Town
Manager to enter into any and all contracts and agreements as may be necessary to
carry out the purposes of this Article, or take any other action with respect thereto.
Board of Selectmen
Background: In FY09, the Town allocated approximately $339,000 to road repair — an
amount first promised under the last operating override, and subsequently increased by
2.5% each year. In addition, the Town has recently received approximately $450,000 in
Chapter 90 funds to be used for road repair. These amounts have also been
supplemented by grants for large projects — such as Summer Avenue and the Downtown
Improvement Project.
This Article would allow the Town to borrow an amount which would be
equivalent to the planned next five years of local road repair funding, and to do that $1.5
to $2 million in road repairs in calendar year 2009. In addition, the Town would have the
annual Chapter 90 funds to spend in calendar year 2009 and beyond. In the four
subsequent years, the Town would spend only the Chapter 90 funds (unless additional
capital becomes available).
Example:
13
Town Funds
State Chapter 90 Funds
Total
2009
$1,500,000
$450,000
$1,950,000
2010
0
$450,000
$450,000
2011
0
$450,000
$450,000
2012
0
$450,000
$450,000
2013
0
$450,000
$450,000
Total
$1,500,000
$2,250,000
$3,750,000
13
There are two main reasons to seek debt authorization to fund road repairs in
this fashion. The first is to make immediate improvements to the condition of some roads
in the Town instead of waiting for four more years of deterioration. The second is
because typically the cost of selling municipal debt is expected to be less than the
inflation rate of the cost of road repairs.
Approval of this Article would allow the Department of Public Works and the
Finance Department to work together closely on this project with the $1.5 to $2 million in
debt as one option. Due to the volatile nature of the cost of road repairs and the ability
to sell debt, there remains a possibility that this option may not be deemed to be in the
best interest of the Town of Reading even if this Article is approved.
Following a great deal of discussion on this issue, the Board of Selectmen does
not recommend this approach as part of the Road Improvement Program at this time.
This approach does not appreciably improve the Pavement Condition Index over time,
and reduces the Town's flexibility to address road and other issues. This approach
could be considered at a later date. Therefore, it is the Board of Selectmen's intent to
Indefinitely Postpone the subject matter of this Article.
Finance Committee Report: At their meeting on October 9, 2008, the Finance
Committee voted 1 -3 -1, therefore not recommending approval of this Article. This Article
would allow the Town to finance road improvements planned for five years in a single
year, providing improvement in road conditions immediately without expenditure of
additional funds over that period. The approval of the Article would provide the Town
with flexibility to move forward with these road improvements when the credit markets
were available and asphalt prices reached an appropriate level.
The key issue in favor and against the Article is the same — the commitment of ("
funds to roads and the flexibility within the budget to accommodate that funding level in a
time of financial uncertainty. In favor of the Article is the fact that passage will ensure
that the Town portion of roadway improvements will be protected from potential cuts
down the road, addressing a major concern expressed by Town Meeting last Spring. On
the opposite side, locking in this funding commitment will impact our flexibility in
managing the total Town expenses, particularly in the face of State funding cuts.
Bylaw Committee Report: No report.
ARTICLE 11 To see what sum the Town will raise by borrowing, or transfer
from available funds, or otherwise, and appropriate for the purpose of purchasing a fire
engine, including the costs of consulting services, plans, documents, cost estimates,
bidding services and all related expenses incidental thereto and necessary in connection
therewith, said sum to be expended by and under the direction of the Town Manager;
and to see if the Town will authorize the Board of Selectmen, the Town Manager, or any
other agency of the Town, to apply for a grant or grants, to be used to defray the cost of
all, or any part of, said fire engine; and to authorize the Town Manager to enter into any
and all contracts and agreements as may be necessary to carry out the purposes of this
Article, or take any other action with respect thereto.
Board of Selectmen
14
Background: The Fire Department is in need of a replacement fire engine. Our
current fire apparatus replacement schedule is based upon recommendations from the
National Fire Protection Association (NFPA). The NFPA recommends a fire engine be in
front line service for 10 years and then be assigned to reserve service for an additional
10 years.
Our oldest reserve engine is a 1986 Mack which is 22 years old and two years
beyond its service life. Within the last 18 months, the Department of Public works has
spent over $14,000 in repairs to the front end, suspension system and radiator. The
amount we have spent on the repairs in all likelihood exceeds the value of the fire
engine.
The projected replacement cost for a new pumping engine is projected to be
$525,000. Within the last year, we have seen significant increases in the cost of fire
apparatus. The cost increases have been driven by the high costs of steel and oil.
Additionally, beginning in 2007, Federal regulations required all diesel motors to meet
new emission standards. To meet the new emission standards required a redesign of
the motors, apparatus cabs and cooling systems.
An additional significant price increase will occur in January of 2009 when a
revised NFPA standard becomes effective. All fire trucks are manufactured to meet
NFPA 1901, Standard for Automotive Fire Apparatus. The revised standard will require
the installation of a vehicle data recorder, systems to address rollover stability, tire
pressure monitoring and other changes. These changes are projected to increase the
vehicle cost by an additional $15,000 to $20,000 over the usual price increases.
Finance Committee Report: At their meeting on October 9, 2008, the Finance
Committee voted 5-0-0 to recommend approval of this Article. FINCOM is convinced
that despite the additional cost, proceeding with this acquisition is important to the public
safety mission. This vote was cast when the request was estimated at $500,000.
Bylaw Committee Report: No report.
ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to
acquire by purchase, eminent domain, gift or otherwise, any one or all of the following
parcels of land:
• containing approximately 9.045 acres located on Main Street shown as Lot 1 on
Board of Assessors' Map 247 currently believed to be owned by Hazel V. Malcom
et al. Trust,
• containing approximately .59 acres located on Main Street shown as Lot 1 B on
Board of Assessors' Map 247 currently believed to be owned by Hazel V. Malcom
et al. Trust
• containing approximately .4821 acres located on Main Street shown as Lot 5 on
Board of Assessors' Map 245 currently believed to be owned by Burton H. Curley
and John Curley,
• containing approximately 1.9 acres located on 67 Sanborn Lane shown as Lot 4 on
Board of Assessors' Map 235 currently believed to be owned by William Quigley
Trust,
15
said land to be used for open space and conservation purposes in accordance with the
provisions of Mass. General Laws Chapter 40, Section 8C, to be under the care,
management and control of the Town of Reading Conservation Commission and
further to be dedicated in perpetuity to purposes stated in Article 97 of the Amendments
to the Constitution of the Commonwealth of Massachusetts including the protection of
water resources and shall be fully protected by all provisions of Article 97; and to see if
the Town will vote to appropriate by borrowing, or transfer from available funds or
otherwise, a sum of money; and to authorize the Town Manager to enter into any and all
agreements and contracts upon terms and conditions as may be determined to be
necessary to carry out the acquisition of such parcel and the purposes of this Article;
and to see if the Town will authorize the Board of Selectmen, Town Manager and/or the
Conservation Commission to apply for a grant or grants, including but not limited to a
Self-Help Grant under MGL, Chapter 132A, Section 11, to be used to defray the cost of
all, or any part of the purchase price for such parcel(s) of land, or take any other action
with respect thereto.
Board of Selectmen
Background: Following the development of the Ipswich River Greenway Master Plan
by the Northern Area Greenway Committee, several parcels of land were identified for
possible acquisition. These parcels are identified above. The Town has made a grant
application to the Commonwealth of Massachusetts for funding for a part of the cost of
the acquisition — up to 58%. The Town has verified that this grant program is still viable
in spite of the Governor's other reductions in the FY 2009 State Budget. The Town
should hear before Town Meeting convenes as to whether we have been successful in
being awarded a grant.
The Town has had appraisals of the four properties done, and has contacted the
property owners to see if they are interested in selling. The owners of Parcels 235-4 and
245-5 are not interested in selling for the value that they have been appraised for. The
owner of 247-1 and 247-1 B is interested in selling a portion of the parcels and retaining
a single building lot. The land area that would be available for acquisition would be 8.75
acres more or less that would represent a reconfigured boundary line between the two
parcels. Approximately 1/2 of the land in question is wetland, the remainder being
upland. The upland area has been the subject of interest for development for as many
as 20 affordable housing units, and at present is permitted by the Conservation
Commission for one unit.
The appraised value for the total of Lots 247-1 and 247-113, minus a single
conforming building lot, is $275,000. If a 58% grant is awarded, the Town's share of the
purchase price would be $115,500. Including incidental expenses and including possibly
the demolition of a small structure, the estimated cost net to the Town would be
$120,000 for 8.75 acres of land. The requirement under this Article would be to
authorize debt for the entire purchase price including incidental expanses - $280,000,
but the debt for the full amount would not be sold, and in fact the residual cost to the
Town would probably be paid from existing resources — perhaps the Sale of Real Estate
Fund.
This parcel of land connects the Bare Meadow and Mattera properties to land
along the Ipswich River owned by the Reading Open Land Trust. The parcel would not
be developed except for the extension of a trail to Main Street, part of the main branch of
the Ipswich River Greenway.
16
While the timing of.acquisition of this property may not be ideal given the general
economy, it is a reasonable price for a key acquisition, and the net price to the Town is
nominal. The Town of Reading has historically purchased lands such as this in times
like these — including large portions of the Birch Meadow area in the 1920's and 1930's.
Following a great deal of discussion, the Board of Selectmen voted 1-4-0 not to
move forward with this land acquisition, The Board agrees that it is an excellent parcel
of land for the Town to own but given the serious financial outlook for the Town and the
State, this is not the time to be spending limited funds on things that are not essential to
Town operations. The Board of Selectmen intends to move to indefinitely postpone the
subject matter of this Article.
FAIRBANKS MARSH/
(Reading Open Land Trust)
24&5
NORTH READING
247-IB,u
MARION' 247-1
6
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Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 3-4-0, thereby not recommending this Article. FINCOM recognizes the
important opportunity the acquisition of this property presents for preserving open space
and adding to the recreation opportunities for the community. However, on a close vote,
a majority concluded that due to the unfortunate timing of this occurring during the
current economic climate, they could not recommend the investment at this time.
Bylaw Committee Report: No report.
ARTICLE 13 To see if the Town will vote to accept the provisions of M.G.L.
Chapter 59, Section 5, Clause 54, authorizing the establishment of a minimum value for
personal property subject to taxation, or take any other action with respect thereto.
Board of Assessors
17
Background: Acceptance of this statute will allow the Town of Reading Board of
Assessors to waive the process of assessing, billing and collecting personal property
taxes on personal property assessed at $2,000 or less. The following analysis indicates
that the cost of collecting these taxes may exceed the amount of tax revenue collected:
FY 2008 Statistics:
364 accounts with value
Total value
Average value
Taxes assessed
Average taxes
s over $2,000 each
$22,063,670
$60,614
$278,002.24
$764
235 accounts with values $2,000 or less
Total value
$224,630
Average value
$956
Taxes assessed
$2,830.34
Average taxes
$12.04
Cost to collect is about $44 per account according to the Board of Assessors. This is
based upon the FY07 expenditure of $26,086 to outsource personal Property
recollections, divided by 599 personal property accounts, and assuming this is done
every three years:
➢ The cost of collecting 235 accounts is therefore $3,411 annually
➢ The revenue generated from these collections is $2,830
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 7-0-0 to recommend approval of this Article. FINCOM was convinced
by the analysis presented that this action will result in a net savings to the Town.
Bylaw Committee Report: At their meeting on October 16, 2008, the Bylaw
Committee voted to recommend this Article by a vote of 5-0-0.
Board of Assessors Report: At their meeting on June 3, 2008, the Board of
Assessors voted to recommend this Article by a vote of 2-0-0.
ARTICLE 14 To see if the Town will vote to accept the report of the Board of
Selectmen upon the laying out as a public way the following described private way under
the provision of law authorizing the assessment of betterments, such ways being laid out
in accordance with plans duly approved by the Board of Selectmen; and to authorize the
Board of Selectmen to take such ways under the provision of law authorizing the
assessment of betterments, in fee or rights of easement therein by eminent domain,
under the provisions of Chapter 79 of the General Laws, as amended, or acquire said
lands in fee or rights of easement therein by purchase, gift or otherwise and to assess
betterments therefore, the plans and descriptions for such way being filed in the Office of
the Town Clerk in accordance with the statutory requirements; and to see what sum the
Town will vote to appropriate by borrowing, or from the tax levy, or transfer from
available funds, or otherwise, for the acquisition of said lands or easements therein or for
payment of any eminent domain damages and for the construction of said ways, or take
any other action with respect thereto.
Baldwin Lane Extension
Board of Selectmen
18
Background: The construction of Baldwin Lane Extension has been completed in
accordance with the subdivision rules and regulations and decision of the CPDC. The
Selectmen held a public hearing on the laying out of and acceptance of the roadway on
July 29, 2008. Notice of the hearing was sent by registered mail to all affected abutters
on July 17, 2008. The cost of the street acceptance will be $1.00.
The Board of Selectmen has decided not to include in the Warrant of this Town
Meeting, Articles to abandon the right of way, and to convey it to the abutters because
this action would make one of the two abutting lots non-conforming.
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 7-0-0 to recommend approval of this Article. This has virtually no
impact on Town finances.
Bylaw Committee Report: No report.
ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen
abandon certain rights and easements located on land of Peter Sanborn Place on Bay
State Road which easements are shown on a plan entitled: "Easement Plan of Land, 50
Baystate Road, Reading, MA," dated 8-12-08; and to authorize the Board of. Selectmen
to accept said replacement water easements upon such terms and conditions as the
Board of Selectmen shall consider proper, or take any other action with respect thereto.
Board of Selectmen
19
PORTION OF LAYOUT
TO BE DISCONTINUED
X
PORTIONOF LAYOUT
TO BE ACCEPTED
IA
LANE
p
TOWN READING MASSACHUSMS
,,P, L ENT OF PUBLIC WORKS
STREET ACCEPTANCE PLAN
BALDWIN LANE EXTENSION
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 7-0-0 to recommend approval of this Article. This has virtually no
impact on Town finances.
Bylaw Committee Report: No report.
ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen
abandon certain rights and easements located on land of Peter Sanborn Place on Bay
State Road which easements are shown on a plan entitled: "Easement Plan of Land, 50
Baystate Road, Reading, MA," dated 8-12-08; and to authorize the Board of. Selectmen
to accept said replacement water easements upon such terms and conditions as the
Board of Selectmen shall consider proper, or take any other action with respect thereto.
Board of Selectmen
19
Background: The purpose for this Article is to relocate the existing water main and
accompanying water easement to a new location within the property. The relocation will
enable construction of the proposed building expansion which is not possible with the
present location of the water main. The construction will be done by the property owner.
This Article will authorize the Board of Selectmen to abandon the existing easement and
to take a new easement per the plan that follows.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 16 To see if the Town will vote to accept the report of the Board of
Selectman upon the laying out as a public way the private property at the cul-de-sac of
Fairchild Drive identified as "Temporary Easement for cul-de-sac" on the Fairchild Drive
subdivision plan, under the provision of law authorizing the assessment of betterments,
such highway being laid out in accordance with plans duly approved by the Board of
Selectmen and filed in the office of the Town Clerk in accordance with the statutory
requirements; and that the Town authorize the Board of Selectmen to take such land in
fee or rights of easement therein by eminent domain, under the provisions of Chapter 79
of the General Laws, as amended, or acquire said lands in fee or rights of easement
therein by purchase, gift or otherwise and to assess betterments therefore; and to see if
the Town will vote to accept the public way laid out by the Board of Selectmen; and to
see what sum the Town will raise by borrowing, or from the tax levy, or transfer from
available funds, or otherwise, and appropriate for the acquisition of said lands or
easements therein or for payment of any eminent domain damages and for the
construction of said ways, or take any other action with respect thereto.
Board of Selectmen
20
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BAY 51H!. TOT_
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 16 To see if the Town will vote to accept the report of the Board of
Selectman upon the laying out as a public way the private property at the cul-de-sac of
Fairchild Drive identified as "Temporary Easement for cul-de-sac" on the Fairchild Drive
subdivision plan, under the provision of law authorizing the assessment of betterments,
such highway being laid out in accordance with plans duly approved by the Board of
Selectmen and filed in the office of the Town Clerk in accordance with the statutory
requirements; and that the Town authorize the Board of Selectmen to take such land in
fee or rights of easement therein by eminent domain, under the provisions of Chapter 79
of the General Laws, as amended, or acquire said lands in fee or rights of easement
therein by purchase, gift or otherwise and to assess betterments therefore; and to see if
the Town will vote to accept the public way laid out by the Board of Selectmen; and to
see what sum the Town will raise by borrowing, or from the tax levy, or transfer from
available funds, or otherwise, and appropriate for the acquisition of said lands or
easements therein or for payment of any eminent domain damages and for the
construction of said ways, or take any other action with respect thereto.
Board of Selectmen
20
Background: During the subdivision approval of Fairchild Drive, it was anticipated that
the roadway may be extended further and the roadway ended with a uniform 50 foot
wide right of way layout having a cul -de -sac within temporary easements rather than part
of the roadway layout. The roadway is constructed with a full cul -de -sac partially within
these temporary easements. As it is no longer possible to extend the roadway beyond
its present limits and with the anticipated development of the remaining undeveloped
parcel as a single family dwelling, the purpose of the Article would be to discontinue and
transfer a portion of the roadway layout beyond the constructed cul -de -sac to the
abutting property owner, and to accept a portion of the temporary easement to become a
portion of the permanent roadway layout. The cost of this Article will be $2.00.
.�•- "�'..`'•^,. �, \ � /
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Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 7 -0 -0 to recommend approval of this Article. This has virtually no
impact on town finances.
Bvlaw Committee_ Report: No report.
ARTICLE 17 To see if the Town will vote to amend Article 5 of the Subsequent
Town Meeting held November 13, 2001 (the vote establishing the Veterans' Memorial
Fund) by deleting the word "deceased" so that the sentence will read "events to honor
and commemorate Reading veterans and veterans interred in Reading cemeteries," and
to further amend by adding the words "or another Commissioner of the Commission as
designated by the Chairperson."
Veterans' Memorial Trust Committee
21
Background: This Article is requested by the Trustees of the Veterans' Memorial
Fund. There are two changes:
1. Provide that the funds can be used to honor all veterans, not only deceased
veterans - 11... voted to accept a gift of $53,000 plus other future donations that
may be made to establish a trust fund to be known as the Town of Reading
Veterans' Memorial Fund, the principal purpose of which is to place flowers on
the graves of veterans buried in Reading, and also to provide and maintain other
appropriate decorations, monuments and related items and events to honor and
commemorate deceased Reading veterans and veterans interred in Reading
cemeteries, with such funds to be administered by the Town of Reading
Commissioners of Trust Funds.. "
2. Allow the third position of the Veterans' Memorial Trust Committee to be filled by
a member of the Commission of the Trust Funds other than the Chairman. '7f at
any time there are only two persons serving as trustees of the Town of Reading
Veterans' Memorial Trust Committee due to a change in the structure of the ex
officio offices or for any other reason, the Chairperson of the Town of Reading
Commissioners of Trust Funds or another Commissioner of the Commission
as designated by the Chairman, shall serve as the third trustee."
Finance Committee Report: No report.
Bylaw Committee Report: At their meeting on October 16, 2008, the Bylaw Committee
voted to recommend this Article by a vote of 5-0-0.
ARTICLE 18 To see if the Town will, pursuant to Massachusetts General Laws,
Chapter 82A, Section 2, vote to designate the Board of Selectmen as the means by
which the Town shall designate the Board or Officer to issue permits for the purpose of
making a trench excavation, as set out in M.G.L. c. 82A, Section 4 and 520 CMR 14.00,
and to perform any obligations pursuant to the terms of said statute and regulations, or
take any other action with respect thereto.
Board of Selectmen
Background: New excavation and trench safety regulations have been established to
protect the safety of citizens from hazards associated with trenches and to provide for
penalties for individuals who violate any provision of these regulations. 520 CMR 14.00
requires that each community take affirmative action during calendar year 2008 in order
to comply with the January 1, 2009 enforcement date for these new regulations. The
regulations require a permit to be obtained from the appropriately designated permitting
authority prior to any trench excavation in any public way, public property or privately
owned land. The term "trench" is defined as an excavation which is narrow in relation to
its length, made below the surface of the ground in excess of 3 feet below grade and the
depth of which is, in general, greater than the width but the width of the trench, as
measured at the bottom, is no greater than 15 feet.
The motion under this Article will designate the Town Manager as the means to
make this designation, per the Reading Home Rule Charter.
22
Finance Committee Report: No report.
Bylaw Committee Report: No report
ARTICLE 19 To see if the Town will vote to subordinate any and all of its rights
and easements in the land taken by eminent domain as authorized by Article 29 of the
May 6, 1976 Adjourned Annual Town Meeting and recorded on September 27, 1976 with
the Middlesex South Registry of Deeds in Book 13078, Page 191 and with the Land
Registration Office of said Deeds as Document no. 549397, shown on a plan of land
entitled "Plan of Land in Woburn, Massachusetts, Showing Sewer Easements for Willow
Street Interceptor for the Town of Reading, " Scale V=40% dated February 27, 1976,
prepared by Dana F. Perkins & Sons, Inc., " sheets 1 through 4 inclusive, recorded in the
Middlesex South Registry of Deeds in Plan Book 1976, Page 1171, to Grants of
Environmental Restriction and Easement now or at any time hereafter granted by
owners of land in the hazardous waste site known as the Industri-plex Federal
Superfund Site in Woburn, including, without limitation, to a certain Grant of
Environmental Restriction and Easement to be granted by Resources for Responsible
Site Management, Inc., Trustee for the Industri-plex Site Interim Custodial Trust and
recorded with the Middlesex South Registry of.Deeds in Book 19866, Page 190 and filed
with the Land Registration Office of said Deeds as Document No. 800447; and to
authorize the Board of Selectmen to execute and deliver from time to time such
documents as may be required for subordinations of such rights and easements, or take
any other action with respect thereto.
Board of Selectmen
Back-ground: The property previously taken by the Town of Reading for the installation
and construction of the Willow Street Interceptor is now located within a portion of the
physical site boundaries of the 245-acre hazardous waste site known as the Industriplex
Federal Superfund Site (the "Site") in Woburn. Owners of property within the Site are
required to impose certain land use and other restrictions on their property, referred to
as a Grant of Environmental Restriction and Easement or Institutional Controls. These
restrictions govern the preservation and maintenance of the EPA approved remedy
installed at the Site while permitting varying types of activity under very stringent
conditions. The EPA requires subordination of the Town of Reading's rights in the
easement to ensure that the Institutional Controls function as the primary method for
governing the Town's access to the easement area for emergency repairs and
maintenance to protect the health and safety of Town workers, the public and the
environment. Resources for Responsible Site Management, Inc., Trustee for the
Industriplex Site Interim Custodial Trust is the first landowner within the Site to approach
the Town for the subordination.
Since the property taken by the Town affects other land in the Site, other
landowners will approach the Town in the future requesting subordinations of the Taking
as it affects their property. This Article is intended to allow for the subordination of the
Taking in the public interest and to provide a single vote authorizing subordinations of
the Taking for all owners of property within the Site so as to avoid the need for repeated
Articles and Town Meeting action.
23
SEWER EASEMENT EXHIBIT
WILLOW STREET INTERC PTOR
PREPARED FOR.
I Krum
THE TOWN OF READING, MA
MERIDIAN
Finance Commiftee Report: No report.
Bylaw Commiftee Report: No report /
ARTICLE 28 To egg what sum the Town will charge for each written demand
issued by the Collector to be added to and collected as part ofthe tax as authorized by
Massachusetts General Lovv Chapter 00' Section 15, said demand to be effective
January 1.2OOS.Or take any other action with respect thereto.
Board of Selectmen
MA DOR advised local governments in late August about a change in
the outside section of FY 2009 State Budget that o|kJvvG nlUnkjpa|dUea to raise the late
fee to a [Oavjn0urn of$3D.00—Upfrom $5.00. Since there is Oo further direction from the
legislature, the C)[)R believes that each municipality's legislative body /Town Meeting in
Reading) must vote any new amount.
In the past several years, about 15% of all tax bills that are the direct
responsibility of residents to pay are |aba (this total excludes pnJpadx taxes paid by
escrow aocounts). In the past two yeara. we have had additional notification of late bill
payers in an attempt to alert them to the high interest cost of late payrnents, and the
speed of late payments has greatly improved. We would like to extend this type of
communication to all residents BEFORE the payments are |eta in the hopes that the
1596 rate will decline. Those who do end up paying on time will not pay o demand fee,
those who continue to pay late under higher demand fee will help to pay the cost of
this additional notification. It is possible that with this additional notification, improved
payments will reduce revenues to the Town. /
�
24
In 1986, the demand fee for late payments was increased by the Legislature (Ch.
297 of Acts of 1986 approved July 21, 1986) from $2.00 to $5.00, and it has remained at
$5.00 since that time.
Finance Committee Report: At their meeting on October 15, 2008, the Finance
Committee voted 5 -2 -0 to recommend approval of this Article. The majority of FINCOM
accepted the recommendation of management staff that this was a necessary increase
to cover costs of late collections.
The minority votes felt that in this economic climate with credit costs increasing
and homeowners caught in potential foreclosures and increasing costs for all consumer
goods caused by the energy crunch, that a 500% increase in this fee will just add to the
angst many feel in trying to pay bills already. There are so few areas where local
government has the resources to help citizens in financial difficulty, and this is one area
that we can avoid adding insult to injury
Bylaw Committee Report: No Report.
ARTICLE 21 To see if the Town will vote to amend the Zoning By -Laws of the
Town of Reading as follows:
• Delete the existing word "ten" and insert in its place "eight" in the fourth sentence of
Section 6.2.3.2.b;
• Insert the word "calendar" before the existing word "year" in the first sentence of
Section 6.2.3.2.i.
or take any other action with respect thereto.
Community Planning and Development Commission
Background: The purpose of this Article is to allow an awning height that is more
functional customary to business owners, and to match the height allowed by the
Massachusetts building code. The height of 8' will not interfere with snowplowing. The
fourth sentence of the bylaw will read " ...all other awnings or canopies shall have a
minimum ground clearance of eight feet."
The purpose of amending Section 6.2.3.2.i is to clarify that temporary sales and
promotion signs may be displayed no more than three times in a calendar year. The first
sentence of Section 6.2.3.2.i will read "...provided that the individual business shall
place no more than three such signs per calendar year..."
Finance Committee Report: No report.
Bylaw Committee Report: At their meeting on October 16, 2008, the Bylaw
Committee voted to recommend this Article by a vote of 5 -0 -0. The Committee agrees
with the reasons put forth by the CPDC to explain this Article.
CPDC Report: At their September 8, 2008 Public Hearing. on proposed amendments to
the Reading Zoning By -Laws, the Community Planning and Development Commission
voted to recommend this Article by a vote of 4 -0 -0.
25
ARTICLE 22 To see if the Town will vote to amend the Zoning By-Laws of the
Town of Reading as follows:
• Renumber Section 2.2.2.28.1 of thereof so that it reads Section 2.2.28.1;
• Insert a new Section 4.4.1 Reserved;
• Insert a new Section 4.5.1 Reserved:
• Insert Section 4.9.7.5 before the term "Private Ways";
• Insert parentheses around the numerals for the numbered paragraphs in
Section 6.2.3.2, subsection d. Window Signs;
• Delete the hyphen from "non-conformity", the last word in the second
sentence of Section 6.3.7, thereof so that it reads "nonconformity"
or take any other action with respect thereto.
Community Planning and Development Commission
Background: The purpose of this Article is to correct typographical and formatting
errors in certain sections of the Zoning By-Laws that occurred as a result of previous
amendments, and to confirm and authorize those corrections that were made when the
Zoning By-Law was published. None of the amendments change the substance of the
Zoning By-Law.
Finance Committee Report: No report.
Bylaw Committee Report: At their meeting on October 16, 2008, the Bylaw
Committee voted 5-0-0 to recommend this Article. he Committee views this as a
housekeeping Article. The intent is to clarify and correct typographical and formatting
changes only. The Committee found the changes proposed to be exactly those types of
changes.
CPDC Report: At their September 8, 2008 Public Hearing on proposed amendments to
the Reading Zoning By-Laws, the Community Planning and Development Commission
voted to recommend this Article by a vote of 4-0-0.
M
' andyouanedireotedtoaenxathioVVonnntbvpoaUnganattestgdcopythgreofino[leaat
one (1) public place in each precinct of the Town not less than fourteen (i4) days prior 0o
(---)
November 10' 2008' the date set for the meeting in said Warrant, and to publish this
VVaFnGDt in a newspaper published in the ToVVD. or providing in @ manner such as
electronic oubnniaaioO' holding for pickup or mailing, an attested copy of said Warrant to
each Town Meeting Member.
Hereof fail not and make due [8tU[D of this Warrant with your doings thereon to
the Town Clerk at or before the time appointed for said [n8Bt|Dg.
Given under our hands this 23rd day of September, 2008.
WA
S,//tpAhen�A. Goldy,' Chairman
a 9fo ya, VVii c e an
JaZs E. Bonazoli, ecretary
Camille W. Anthony
Richard W.Schubert
SELECTMEN {}FREADING
TOWN OF READING MUNICIPAL LIGHT DEPARTMENT
2008 HIGHLIGHTS
• The kilowatt-hour sales for the period July, 2007 through June, 2008
were 717,664,965 kWh, which represents a 1.19% increase as
compared to the 2007 fiscal year.
• The RMLD registered a record peak demand of 168 MW megawatts in
June, 2008 which is about 1.3% higher than the previous year's peak.
• The RMLD's revenues for July, 2007 through June, 2008 were
$86,243,927 which produced a Net Income of $1,633,265.
• The RMLD fuel costs for the period July, 2007 through June, 2008
were $47,386,213 which is 58.41% more than the 2007 fiscal year due to
higher fossil fuel costs.
• The RMLD returned $2,300,348 to the Town of Reading which
includes the Annual Return and the Voluntary Payment. The 2008
return is 3.1% higher than the 2007 return.
• The RMLD started a project to upgrade the station transformers at the
Gaw Sub Station. The upgrade will increase the capacity of the Gaw
Sub Station and allow flexibility in servicing the RMLD's customers.
This project was funded 100% from internally generated funds and
should be complete by next Summer.
• The RMLD had a Technical Potential Study performed that outlined
the potential for energy conservation, energy efficiency and
renewable energy projects available to customers within the service
territory.
• The RMLD had a Strategic Plan performed by a consultant which
resulted in the RMLD Board creating a Strategic Planning Policy. The
policy includes milestones for high reliability, power supply
diversity, customer service standards and energy efficiency.
28
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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.
♦ 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.
o There are three main committees
which review certain Articles and
advise Town Meeting of their
recommendations:
Finance for all expenditures of funds,
Bylaw 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
45
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.
o 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.
♦ 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.
♦ Adiourn: 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.
♦ Lay on the Table: Stops debate
with the intention generally of
bringing the subject up again later.
May also be used to defer action on
an Article for which procedurally a
negative vote is undesirable.
Note that tabled motions die with
adjournment.
♦ Move the Previous Question:
Upon acceptance by a two-thirds
(2/3) vote, stops all debate and
brings the subject to a vote. This
is generally the main motion, or
♦ The most recent amendment, unless
qualified by the mover. The reason
for this as provided in Robert's Rules
of Order is to allow for other
amendments should they wish to be
presented.
♦ Amend: Offers changes to the main
motion. Must be in accordance with
the motion and may not substantially
alter the intent of the motion. In
accordance with Robert's Rules of
Order, only one primary and one
secondary motion will be allowed on
the floor at one time, unless
specifically accepted by the
Moderator.
Indefinitely Postpone: Disposes
of the Article without a yes or no
vote.
♦ Take from the Table: Brings back a
motion which was previously laid on
the table.
Main Motion: The means by which
a subject is brought before the
Meeting.
THE FOLLOWING MOTIONS MAY BE
USED BY A MEMBER FOR THE
PURPOSE NOTED:
46
♦ Question of Privilege: Sometimes
used to offer a resolution. Should
not be used to "steal" the floor.
♦ Point of Order: To raise a question
concerning the conduct of the
Meeting.
♦ Point of Information: To ask for
information relevant to the business
at hand.
MULTIPLE MOTIONS
SUBSEQUENT (MULTIPLE) MOTIONS
If the subsequent motion to be offered,
as distinct from an amendment made
during debate, includes material which
has previously been put to a vote and
defeated, it will be viewed by the
Moderator as reconsideration and will
not be accepted. If the subsequent
motion contains distinctly new material
which is within the scope of the Warrant
Article, then it will be accepted. An
example of this latter situation is
successive line items of an omnibus
budget moved as a block.
SUBJECT TO THE FOLLOWING
CONSIDERATIONS
♦ The maker of any proposed multiple
motion shall make their intent
known, and the content of the
motion to be offered shall be
conveyed to the Moderator - prior to
the initial calling of the Warrant
Article.
♦ Once an affirmative vote has been
taken on the motion then on the floor
- no further subsequent alternative
motions will be accepted. (Obviously
does not apply to the budget, for
example.)
♦ 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,
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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.
All Articles for the Subsequent Town
Meeting 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 Warrant involving changes in
the Bylaw or 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.
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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.
C
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 hand's, 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-
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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
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.
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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.
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.
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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.