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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 ::':WO 0 D S� � IV!A7TERA • t .... .. ... I.OiiS 0 0* 'U N D* MILL SITE emu cm BARE MEADOW Id'- 2354 5 ti7 1 10 0 Ft 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 _Vv ------------ r ; C-3 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. .�•- "�'..`'•^,. �, \ � / rA f PAN 11.0 •.•"• .2�� F loM1 Oi RF om V mvwr a Itl4.u�1U5[TI. nmuc r�s cmccr ACCEFtwcc rw1 FMRCHILD DR NE 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. 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N m� ui_ tn ttD ti rnN m °o to c+l c+ vm mmr . 2^ N c0 Mtf] M tn 'mCY rn °l i 17 rn M m (O m m Q M O O O 0 4 0 D d 11 Z Z d Z 11 UL d `2 d m rn m rn n m m ° m o rn m rn m m No — 0 n o Q m N �o - m 0 N m N '7 R R R - r- 4 O u - N - T 0 Q N 4 Q N N> LL rn U) s ._ ' d x o o o xY 0 c[v �x I m m m -m as io m m O m J m Z E W p '��-` -°� -°� m m m ~° J d b c c rn u •2° cn '22 m N w W C a c c ° p1 e m �' cm .a 3 N � 3 c m m OFD \ 1 41 T� °o_ S S °o_ S S � '�u o S °oo ' S S q S S • S S v°o• N W 1p0 !a 8 P _ 44 FQ LL :fir[ �O 99 g N 99 1YL �I'h� N lL ?•C .{'rr� QQ gg gg QQ QQ, N � m LL b• °o �S Y o � o d� } Q �L L3 d � c d C E en n ryN� d o 8 Y O � ° E � t D m E fli E � � � °�' S � ° � � .D a A •8 b ... ZLj• t �i � � � � � � � 2 � h N U � � K I •€ dam} �i � 6 d N m h F- 4 �i 41 ti Fz IM At, t pjw P; Mal RE i, a A t5 ta tw :2 43 44 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, 47 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. 48 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- 49 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. 50 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. 51 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.