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Home My WebLink About2006-11-13 Subsequent Town Meeting Warrant Report® -,CM r. -v Town of Reading Massachusetts Report on the Warrant Subsequent Town Meeting November 13, 2006 TABLE OF CONTENTS SUBSEQUENT TOWN MEETING NOVEMBER 13, 2006 Article Title Sponsor Page # 1 Reports Board of Selectmen 1 2 Instructions Board of Selectmen 2,3 3 Amend Capital Improvements Program FY 2007 - FY 2011 Board of Selectmen 3,4 4 Approve Payment of Prior Year's Bills Board of Selectmen 4 5 Amending the FY 2007 Budget Finance Committee 4-7 6 Establish Public Health Revolving Fund Board of Selectmen 7,8 7 Authorizing Contract for Greater than Three Years School Committee 8,9 8 Appropriating Additional Chapter 90 Funds Board of Selectmen 9 g Transfer Funds from Landfill FAM to Sale of Real Estate Fund Board of Selectmen 9 10 Additional Funding for RMHS Project School Committee 10 11 Funding for Wood End School Playground Residents' request 10-12 12 Abandon Easement - Joseph Way Board of Selectmen 12,13 13 Transfer Care, Custody and Control of Oakland Road land to Board of Selectmen Board of Selectmen 13,14 14 Adoption of "Mullin Decision" allowing Board Members to vote upon reviewing tape or transcript of missed hearing Board of Selectmen 14,15 15 Hours of Construction Bylaw Board of Selectmen 15-17 16 Sight Triangle Bylaw Board of Selectmen 17-20 APPENDIX Article 1 - RMLD Annual Report 22-24 Article 1 - Report on Affordable Housing 25-38 Article 1 - Status on Water Supply Report 39 Capital Plan FY 2007 - FY 2011 Blue Pages 40-47 Conduct of Town Meeting 48-54 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on October 18, 2006 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 15 Union Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Austin Preparatory School, 101 Willow Street Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Mobil on the Run, 1330 Main Street The date of posting being not less than fourteen (14) days prior to November 13, 2006, 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 25, 2006. ;aTTha(mfas Freeman' Constable 1 SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: . In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Monday, November 13, 2006, at seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen Background: The following reports are expected to be given under this Article: • RMLD Annual Report • Report on Affordable Housing Planned Production • Status of MWRA Water Purchase • Report on Substance Abuse Initiative • State of the Schools To the extent possible, the reports are included in the back of this report so that only a summary report will be given verbally at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: There are no known instructional motions at this time. As a general rule, instructional reports 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. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2007 - FY 2011, Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen Background: The following amendments are proposed to the FY 2007 - FY 2011 Capital Improvements Program (CIP). These amendments need to be included in the CIP in order for Town Meeting to consider funding them under the various Articles at Town Meeting. The full revised CIP is included in the blue pages in the back of this report. The following are proposed modifications to the CIP approved at the Annual Town Meeting: FY07: - $ 1,500 added to Window and Door (Killam) BLS-102B (Line J3) $ 5,000 for Boiler Feed (Birch Meadow) BLS-122A (Line J3) - 5,000) removed for Kitchen (Birch Meadow) BLS-121A (Line J3) - $ 25,000 for Wide Area Network FIN-209A (Line J15) $ 20,000 for Financial Systems Planning FIN-220 (Line J6) $ 9,000 for Handguns and Associated Leather PSP-220 (Line J9) $ 20,000 for Fuel System Replacement PWE-400 (Line J10) $ 42,600 for Playgrounds (Wood End) PWP-010B (Line J14) $525,000 for Downtown Improvements PWR-560 (Line J11) $ 29,705 for Roadwork on Governor's Drive PWR-560* (Line J11) - $1.532 million for RMHS building project** *Funded by Sale of Real Estate **Funded by debt exclusion (proposed) FY08-FY11: - $125,000 for Playgrounds (Imagination Station) PWP-010A - $300,000 for Artificial Turf at a Middle School PWP-030 - $500,000 for Artificial Turf at a Second Middle School PWP-031 - $1.0 million for Artificial Turf at a Baseball Field PWP-031 When the Capital Improvements Plan was approved by Town Meeting at the Annual Town Meeting, the amount of funding included in the Budget for capital was significantly less than the funding required for projects in the CIP. The recommendation made at the time was to see how Free Cash and other cash reserves stood in the Fall, and consider funding further capital projects in November. Cash reserves now stand at almost $1.0 million above the FINCOM goal of 5% of net available revenues. The staff recommendation is to use approximately $700,000 for additional one time capital projects, to use approximately $100,000 to balance the FY 2007 Budget, and to place almost $200,000 into the stabilization fund. Finance Committee Report: The Finance Committee recommends this Article by a vote of 8-0-0. Placing items on the CIP allows each to be discussed further. The decision to fund specific items CIP occurs under Article 5. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 2007 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: The Town has $160,760 in unpaid bills related to the severe flooding that occurred in May of 2006 ($136,550 in prior year FY06 bills under this Article 4, and 24,210 in FY07 bills under Article 5 - Town Building Maintenance). FEMA and our insurance company will reimburse 100% of these bills. There were two ways to handle the costs related to the flooding. • One would have been to declare an emergency at the time of the flooding and t . deficit spend. • The second way is to appropriate funds as we are doing in this motion and show the anticipated reimbursements as a one time local receipt. This motion requires a 9/10 vote of Town Meeting. Finance Committee Report: The Finance Committee supports the subject matter of this Article by a unanimous vote of 8-0-0. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 15 of the April 24, 2006 Annual Town Meeting relating to the Fiscal Year 2007 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee Background: The following FY 2007 Budget transfers are proposed for consideration at the 2006 Subsequent Town Meeting: General Fund - Waaes and Expenses Account Line Description Decrease Increase B26 Community Services Salaries - $146,799 transfer Town Clerk and staff, and Elections to Finance Department C12 Finance Salaries- transfer Town $146,799 Clerk and staff, and Elections from Community Services B27 Community Services Expenses - $ 44,647 transfer Town Clerk and staff, and Elections to Finance Department C13 Finance Expenses - transfer Town $ 44,647 Clerk and staff, and Elections from Community Services C12 Finance Salaries - sick-leave $ 18,500 buyback and overlap for retirement ; replace with Assistant Town Clerk G4 Town Building Maintenance - Flood $ 24,210* damage to Libra F12 DPW Parks and Forestry Expenses $ 6,750 - shade trees ($3,750) and Veteran's flowers $3,000 J1 Debt Service - BAN interest for $ 53,395 Barrows, to be reimbursed by the MSBA when audit is completed this winter ($48,074); Interest on refunded taxes ($5,351) - completes internal Finance Department audit on Tax Title/Deferred Taxes billing errors from 1996-1999 Subtotals $191,446 $294,301 Net from Free Cash* $ 78,645 Net from Non-Property Tax Local $ 24,210 Receipts* *$24,210 to be fully reimbursed by FEMA and the Town's insurance company Finance Committee Report: The Finance Committee supports the subject matter of Article 5 - General Fund Wages and Expenses by a vote of 6-2-0. The minority position questioned the inclusion of shade trees in Line F12. General Fund - Capital Lines J2-J15: Outside tax levy: Budget Cumulative Comments BOS FINC. Governor's Drive $ 29,705 $ 29,705 Sale of Real Estate yes yes Net from Sale of R/E Fund $ 29,705 General Fund: Budget Cumulative Comments SOS FINC. Boiler Feed (Birch Meadow) $ 5,000 $ 5,000 Unexpected repairs yes yes Kitchen (Birch Meadow) $(5,000) $ 0 Work not needed yes yes Fuel system replacement $ 20,000 $ 20,000 Old one is broken yes yes Technology - Wide Area Network $ 25,000 $ 45,000 To finish 2nd loop yes yes Add to $5,000 in Window & Door - Killam ' $ 1,500 $ 46,500 CIP yes yes Window & Door -Library $ 20,000 $ 66,500 Energy savings yes yes Window & Door -Town Hall $ 10,000 $ 76,500 Energy savings yes yes Technology - Equipment $ 15,000 $ 91,500 Web site yes yes Handguns & Associated For training in Leather $ 9,000 $ 100,500 spring yes yes Partly done by Carpet/Flooring - Library $ 25,000 $ 125,500 FEMA yes yes Loader JD #624 (1993 - 10yrs) $135,000 $260,500 DPW workhorse yes yes Middle School computers $ 40,000 $300,500 PCs - half of SC goal yes yes Flexible Account $ 5,000 $305,500 Misc. needs es es Net from General Fund $ 305,500 Technology - consulting $ 20,000 $325,500 Spring/Summer '07 defer defer Roof - Killam $100,000 $425,500 Spring '07 (Feb '07) defer defer Technology - Equipment (Tn Hall) $ 6,500 $432,000 PCs - SOS goal defer defer Technology - Equipment (Library) $ 8,000 $440,000 PCs - BOS goal defer defer Technology - Equipment (Police) $ 5,000 $445,000 PCs - SOS goal defer defer Middle School computers $ 40,000 $485,000 PCs - half of SC goal defer defer Rack Spray Truck #23(1986 - 15yrs) $ 110,000 $595,000 DPW - safety issue defer defer Sidewalk/Curb/Ped SA $ 30,000 $625,000 Safety defer defer Carpet/Flooring - Senior Center $ 8,000 $633,000 Safety defer defer Carpet/Flooring - Town Hall $ 10,000 $643,000 Safety defer defer Carpet/Flooring - Main Fire Sta. . $ 5,000 $648,000 Safety defer defer Interior/Exterior Paintin $ 20,000 $668,000 S rin '07 (Feb '07) defer defer Finance Committee Report: The Finance Committee supports the subject matter of Article 5 - General Fund Capital by a unanimous vote of 8-0-0 to fund the first $305,500 prioritized capital items at the November Subsequent Town Meeting. After more information is known about the FY08 Budget status in early 2007, the FINCOM may decide to request more capital be funded in FY07 from cash reserves. Enterprise Funds Account Line Description Decrease Increase L1 DPW - Water Salaries (reduced $139,844 Water Supply staff due to MWRA conversion L2 DPW - Water Expenses (MWRA $1,013,000 water purchase) L2 DPW - Water Expenses (reduction in $129,456 Water Supply direct expenses due to MWRA conversion L2 DPW - Water Expenses (reduction in $58,272 Benefits due to reduced Water Supply staff L2 DPW - Water Expenses (repay $183,714 $500,000 BAN for WTP Design offsets other debt savings) Subtotals $327,572 $1,196,714 Net* $869,142 *Net from a combination of Water Reserves and increased Water Rates Finance Committee Report: The Finance Committee supports the subject matter of Article 5 - Enterprise Funds by a vote of 7-1-0. The minority position questioned the water sourcing decision by the June 2006 Special Town Meeting. Bylaw Committee Report: No report. ARTICLE 6 To see if the Town will vote pursuant to Chapter 44, Section 53E'/2 to authorize the use of a revolving fund for the purpose of: • Operating public health clinics and any related expenses 7 which fund shall be credited with receipts from clinic fees and third party reimbursement administered under the authority of the Health Services Administrator acting with the approval of the Town Manager; and to determine the total amount of expenditures during Fiscal Year 2007 which may be made from such fund, or take any other action with respect thereto. Board of Selectmen Background: The Reading Health Division contracts for third party payments for a number of immunizations covering approximately 1/3 the administrative cost of influenza, pneumonia and meningitis prevention vaccines. The Funds are used to augment the influenza vaccine supply from the State Department of Public Health to insure vaccine for the homebound clients and first responders. The Reading Health Division also uses these funds for meningitis prevention vaccine for adolescents, and materials for cholesterol, glucose, and Tuberculosis screening clinics. Clinic client fees are also deposited into this fund to offset vaccine and clinical supply costs. The necessary amounts used for clinic supplies each year directly from the revolving fund is approximately $25,000. Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 7 To see if the Town will vote, pursuant to Mass. General Laws Chapter 30B, Section 12, to authorize the School Committee to enter into a contract/lease, including all extensions, renewals and options, for the provision of educational banking services to serve the Reading Memorial High School community, said banking facility to be located at the Reading Memorial High School, for a period greater than three years but not exceeding 20 years upon such terms and conditions determined by the School Committee, or take any other action with respect thereto. School Committee Background: The Reading Public Schools wish to send out a Request for Proposals (RFP) to local area banking institutions in order to establish an educational branch within the Reading Memorial High School. There are currently 40 such educational branches in Massachusetts schools. An educational branch in our High School will allow our students to learn valuable real-world skills in finance, money-management and economics. In addition, it will provide training for students who seek employment in the banking industry. Since there will be a sizeable investment by the bank in infrastructure and personnel to engage in this initiative with our High School, the School Committee would like the opportunity to enter in a lease with the local banking institution for a period longer than three years, which will be the limit should this motion not pass. The period the School Committee will seek is between 5 and 10 years. t Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 8 To see what sum the Town will vote to appropriate by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen Background: The purpose of this Article is to make Chapter 90 funds for road improvements available to the Town. The Article authorizes debt in anticipation of receipt of the grant but the Town has never sold debt for these projects. The funds will not be borrowed, but authorizing the borrowing allows the community to plan for projects with the certainty that they will be funded. The current amount of $167,995 is a supplemental Chapter 90 allocation that increases the current fiscal year allocation to $536,511 available for highway construction. Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 9 To see what sum the Town will transfer from the "Landfill Closure and Post-Closure Monitoring Fund" established by Article 4 of the December 9, 2002 Special Town Meeting in accordance with the requirements of the Enterprise Fund Agreement between the Town of Reading and the Department of Environmental Protection relative to the Town's municipal solid waste disposal facility, to the Sale of Real Estate Account, or take any other action with respect thereto. Board of Selectmen Background: In January of 2003, the Town signed a contract with DEP establishing a "Closure Account" to fund the necessary activities to achieve the rudimentary closure of the landfill should the developer fail to complete the closure according to DEP requirements. On March 21, 2006, we received notification from DEP that they had issued a Closure Certificate for the Reading Landfill. According to the agreement, upon the issuance of a Closure Certificate, the Town is allowed to transfer all the remaining funds in the Closure Account to the Sale of Real Estate account. That amount with accumulated interest is $2,415,420. Finance Committee Report: The Finance Committee supports the subject matter of Article 9 by a unanimous vote of 8-0-0. Bylaw Committee Report: No report. ARTICLE 10 To see if the Town will vote to amend the vote taken under Article 5 of the January 13, 2003 Special Town Meeting to appropriate by borrowing, or transfer from available funds, or otherwise, an additional sum of money for the purpose of making extraordinary repairs and/or additions to the Reading Memorial High School at 62 Oakland Road, including the costs of engineering and architectural fees, plans, documents, cost estimates, and related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the School Committee; and to see if the Town will vote to authorize the School Building Committee, the School Committee, or any other agency of the Town to file applications for a grant(s), loan(s), exclusion(s), and/or other sources of additional funding to be used to defray the cost of all or any part of the cost of the project; and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. School Committee Background: The Reading Memorial High School building project contingency budget has been exhausted as a result of many unforeseen construction issues such as excessive asbestos levels, drainage problems and culvert failure, and undetected structural deficiencies. In addition, the original contingency was much lower than what is typical for a construction project of this scope. The Reading School Committee will request that the Town Meeting approve additional funding (amount to be determined prior to Town Meeting) for the Reading Memorial High School Project debt exclusion. This action requires a positive determination by the Massachusetts Department of Revenue. An application for this determination has been submitted to the Department of Revenue. The Reading School Committee and Superintendent of Schools have informed Town Meeting in the past of this pending issue. At that time, in order to make the best decision for the town, it was determined to wait until closer to the completion of the project to take any Town Meeting action. Since we are now entering the final phase of the project, the Reading School Committee is requesting that Town Meeting take action on the issue at the November 2006 Town Meeting. An affirmative action by Town Meeting on this issue will allow the project to be completed avoiding a negative impact on the project's technology or furniture budgets. Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 11 To see what sum the Town will vote to appropriate for the construction of a playground at the Wood End School to provide for handicapped access and fencing, such moneys to be spent under the direction of the Town Manager, or take any other action with respect thereto. Board of Selectmen As a courtesy to the Playground Committee 10 Background: Every child deserves a right to play and to enjoy the experience of just being a kid. Children, regardless of their abilities should be able to play at a playground to the highest level of their own ability. The Community Playground at Wood End will be universally accessible to children of all abilities. So often children with disabilities are prevented from taking part in typical playground activities, costing them opportunities for great developmental gains and the opportunity to just have fun. The Community playground at Wood End has been designed to be a true Reading community playground that meets several objectives: • Allow adults and children with physical disabilities full access to' a Reading Playground; • Expand the playground as planned so that there is a walking distance playground in all areas of town; • Provide all community members a safe, challenging area to rest and play while using the ball fields. In addition, to these stated objectives, there is now the additional benefit of having an alternate playground in Town while plans are made to renew the Imagination Station area. Given the unexpected return of almost $50,000 from the school department budget, and the fact that the $200,000 recreational grant from the state has already been allocated to two artificial playing fields, we ask Town Meeting to allocate these funds to play for the specialized surfacing needed to provide full access. The Community Playground at Wood End 'Budget/Financial Statement 24-Oct-06 Playground Construction Estimated Costs Playground Equipment and Installation $70,000.00 Donor Bricks and Gathering Area $8,000.00 Fencing $4,500.00 Wood Fiber Fill $6,500.00 Rubberized Surfacing to Provide True Handicapped Access $40,000.00 Benches $1,000.00 Supplies and Miscellaneous $1,000.00 Sunshade for Playground $8,000.00 Fundraising Costs* $2,000.00 Total Budaeted Costs $141,000.00 EXPENSES through October 24, 2006 Playground Equipment $69,986 Wood Fiber $6,531 Fence $4,500 Filing Fees/Miscellaneous Materials $610.00 Fundraisinq Expenses $1,630.00 j Total Expenses to Date $83,257.00 11 DONATIONS through October 24, 2006 Money received from Individuals and Families $57,959.55 Money received from Businesses $15,556.98 Money received from Matching Donations $ 625.00 Grants Received $ 9,000.00 CVS/Pharmacy $5000 Eastern Bank $1000 Home Depot $3000 Wood End PTO Donation $ 1,500.00 Commitments not received $14,350.00 Total Funds Committed/Received as of October 24, 2006 $98,991.53 Finance Committee Report: The Finance Committee supports the subject matter of Article 11 by a unanimous vote of 8-0-0. To the extent that further fundraising efforts are successful, less funding may be required than the $42,600 that is approved with this Article. Bylaw Committee Report: No report. ARTICLE 12 To see if the Town will vote to authorize the Board of Selectmen to release all of the Town's right, title and interest in a twenty (20) foot wide drainage easement located upon the property at 37 Joseph Way, Assessor's Map 191, Parcel 47, presently owned by Stephen A. and Julie A. Voegelin, as shown on a plan entitled "Plan of Land in Reading, MA Showing Easement Abandonment", prepared by Middlesex Survey Inc. Land Surveyors of 131 Park Street, North Reading, MA 01864 dated September 20, 2006, or take any other action with respect thereto. Board of Selectmen Background: The purpose of this Article is to authorize the Board of Selectmen to abandon an unused drainage easement located within the property of 37 Joseph Way. The property owner at 37 Joseph Way has requested that the Town abandon an unused drainage easement located within their property. The easement was established during the creation of the original subdivision and was never utilized. Additional sewer, drainage and utility easements were subsequently established and taken by the Town which follows the actual course of the installed utilities. Since the original easement is not used and no longer needed, the Department of Public Works recommends that the portions of the original easement lying outside the limits of active easements be abandoned. 12 LOT yT / j LO600AW D: H O 1 ,f n ~tt _ JOSEPH WAY /~i DfTAM1 , Wq Y Finance Committee Report: No report. Bylaw Committee Report: No report ARTICLE 13 To see if the Town will vote to transfer the care, custody and control to the Board of Selectmen any and all of the following parcels of land which are in the care, custody and control of the School Department: Map 123, Parcels: 16-32, 34, 48-54, 58-62, 139 and to discontinue as the Board of Selectmen deem necessary any and all portions of the following public ways that lie within or abut those parcels: Cold Spring Road, Grandview Avenue, Tower Road, Chestnut Street, Oakland Road or take any other action with respect thereto. Background: This property on Oakland Road across from the Reading Memorial High School is vacant, and is owned by the Town as tax title property. There is some evidence that some very small portions of the land may be in "care, custody and control" of the School Department. The School Committee voted on July 31, 2006 to "relinquish all rights, if any, including custody and control of the land adjacent to the Reading Memorial high School along Oakland Road to the Town of Reading as outlined in the Superintendent's memorandum dated July 27, 2006." Town Meeting may therefore vote to transfer the care, custody and control of this property to the Board of Selectmen. The Board has indicated intent in developing a process of public input from the community and neighborhood to plan and sell the property, including a hearing before putting the property on the market, and further hearing on proposals submitted to the Town for the use of the property 13 N % ! ? s ' ARTICLE 13141 , t -..Y + ~ w t . }l151 i 1 _ . 58 i t 53 59 i r Ai i 1 52 60 n' ' s~ Uix , _ i RMHS r 51 1 1 ' s: 61 f 50 62 tt . 49 t 48 i 4 `•t 32 31 } 1 30 29 i 1 Y 34 25 26 27 28 1 . - - 1 ~ \ f } 139 t , yo o i ez~~ 24 23 22 21 20 19 18 17 r n Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 14 To see if the Town will accept the provisions of Mass. General Laws c. 39, Section 23D as to all adjudicatory hearings conducted by all Town Boards, Committees and Commissions, or take any other action with respect thereto. Board of Selectmen Background: In Mullin v. Planning Board of Brewster 17 Mass.App.Ct. 139 (1983), the Massachusetts Appeals Court ruled that any member of a municipal board who does not attend a public hearing as well as all continuations thereof, on an application in which the board will ultimately render an adjudicatory decision; e.g., the grant of special permits, variances, subdivision approval, etc. will be disqualified from participating in the decision making process; i.e., they cannot deliberate or vote on the matter. The result of this rule is that in situations where the public hearing may be extended over time, a board may lose its voting members and may have to begin anew the entire public hearing resulting in an inefficient process, or be confronted with the possibility that the relief requested will be constructively granted. To resolve this issue, the Legislature recently enacted M.G.L. Chapter 39, §23D which, upon local acceptance, allows any board member who misses one meeting to participate in the process upon the following conditions: • Before any such vote, the member shall certify in writing that he/she has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. 14 • This written certification becomes part of the record of the hearing. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 3-0. The Bylaw Committee feels that in this time of media replays that a member who misses a hearing for whatever reason should not be precluded from further participation provided that member takes appropriate steps to review and/or view all data and information from the missed hearing meeting. ARTICLE 15 To see if the Town will vote to adopt the following General Bylaw regulating construction hours and noise limits, or take any other action with respect thereto: 5.5.8 - Construction Hours and.Noise Limits 5.5.8.1 - Purpose. The intent of the bylaw is to regulate the hours during which construction and demolition activities may take place within the Town and otherwise to limit the impact of such activities on nearby residents and business. 5.5.8.2 - Definition • "Construction" shall mean and include the construction, reconstruction, alteration, repair, demolition and/or removal of any building, structure or substantial part thereof if such work requires a building permit, razing ( permit, electrical permit, plumbing permit, gas permit, or mechanical permit. "Construction" shall also include excavation that involves the use of blasting jackhammers, pile drivers, backhoes and/or other heavy equipment. "Construction" shall also include the starting of any machinery related to the above; deliveries, fueling of equipment, and any other preparation or mobilization for construction which creates noise or disturbance on abutting properties. 5.3.8.3 - Hours. No person shall perform any construction within the Town except between the hours of: • 7:00 a.m. and 8:00 p.m., Monday through Friday; • 8:00 a.m. to 5:00 p.m. on Saturdays; • None on Sundays and legal holidays. 5.3.8.4 - Exemptions. The restrictions set forth in this bylaw shall not apply to any work performed as follows: • By any Federal or State Department, Reading Department of Public Works, the Reading Municipal Light Department and/or any contractors working directly for these agencies; • By a resident on or in connection with his residence, without the aid of hired contractors, whether or not such residence is a detached single family home; 15 In the case of work occasioned by a genuine and imminent emergency, and then only to the extent necessary to prevent loss or injury to persons or property. 5.3.8.5 - Permits. The Chief of Police or his designee (the Chief), may in his reasonable discretion, issue permits in response to written applications authorizing applicants to perform construction during hours other than those permitted by this bylaw. Such permits may be issued upon a determination by the Chief, in consultation with the Building Inspector, the Town Engineer or other Town staff, that literal compliance with the terms of this bylaw would create an unreasonable hardship and that the work proposed to be done (with or without any proposed mitigative measures) will have no adverse effects of the kind which this bylaw seeks to reduce. Each such permit shall specify the person authorized to act, the dates on which or within which the permit will be effective, the specific hours and days when construction otherwise prohibited may take place, and any conditions required by the Chief to mitigate the effect thereof on the community. The Chief may promulgate a form of application and charge a reasonable fee for each permit. No permit may cover a period of more than thirty days. Mitigative measures may include notice to residents in the surrounding area, and other mitigation as determined by the Chief. 5.3.8.6 - Unreasonable Noise. Regardless of the hour or day of the week, no construction shall be performed within the Town in such a way as to create unreasonable noise. Noise shall be deemed unreasonable if it interferes with the normal and usual activities of residents and businesses in the affected area and could be reduced or eliminated through reasonable mitigative measures. 5.3.8. 7 - Copy of Bylaw. The Building Inspector shall deliver a copy of this bylaw to each person to whom it issues a building permit, razing permit, electrical permit, plumbing permit, gas permit or mechanical permit at the time that the said permit is issued. 5.3.8.8 - Enforcement. The Police Department, Zoning Officer and/or other agent designated by the Town Manager shall enforce the restrictions of this bylaw. Fines shall be assessed and collected in the amount of up to $300.00 for each violation. Each day or portion thereof that a violation continues shall constitute a separate offense. Any alleged violation of this bylaw may, in the sole discretion of the enforcing agent, be made the subject matter of non-criminal disposition proceedings commenced by such agent under M.G.L. c. 40, § 21 D. Board of Selectmen Background: At the time of printing of this Warrant report, the Board of Selectmen is working on developing a motion under this Article that would address concerns expressed by Town Meeting Members when this matter was discussed, and tabled at the Annual Town Meeting in April 2006. Finance Committee Report: No report. 16 Bylaw Committee Report: Action pending. At the time of the Warrant, publishing - 1 this Article is still addressing various aspects of public comment, and thus the Bylaw Committee can only state that it will take action on the subject when the Article is finalized. ARTICLE 16 To see if the Town will vote to amend the General Bylaws of the Town of Reading by adding the following Section 5.2.10 entitled "Sight Triangles:" 5.2.10 Sight Triangles 5.2.10.1 Definition A sight triangle is defined as that area formed by the intersection of property lines and a straight line joining said property lines to the street or right of way at a point 25 feet distant from the point of their intersection. For corner lots, the sight triangle is determined from the point of intersection of their tangents. 5.2.10.2 Corner Lots Except in the Downtown business district, no building, fence, wall, landscaping, parking of vehicles, signs, or the placement of or growing of any other obstruction between the height of 2'/2 feet and a height of 8' shall be located within the sight triangle so as to obstruct visibility in a manner that will jeopardize the safety of vehicles or pedestrians. For purposes of this bylaw, the Downtown business district is defined as that portion of the Business B Zoning District that is generally bounded by the MBTA rail line, Woburn Street { `_\and a line east of Main Street. 5.2.10.3 Residential Districts On any lot in a residence district, no building, fence, wall, landscaping, parking of vehicles, placement of signs, or the placement of or growing of any other obstruction between the height of 2'/2 feet and a height of 8' shall be located within 5 feet of the front lot line unless it can be demonstrated to the satisfaction of the Chief of Police that such vegetation or structure will not restrict visibility in such a way as to hinder the safe entry or exit of vehicles from any driveway to the street. 5.2.10.4 Exemptions (a) Principal buildings existing on a lot at the time of adoption of this bylaw shall not be required to conform to this bylaw. Shade trees planted by the Town of.Reading, mailboxes, street and traffic signs, and utility poles are also exempt from the provisions of this bylaw. (b) Fences of "open-type construction" defined herein as a fence constructed so that its vertical surface area is unobstructed, enabling motorists and pedestrians to have a clear view through such fence (e.g., a fence of chain-link or post and rail construction). Board of Selectmen 17 Background: After receiving numerous complaints relating to sight lines at intersections throughout the community, the Parking, Traffic and Transportation Task Force reviewed the option of a sight triangle bylaw. It was discovered that other communities in the area have similar bylaws. The purpose of the bylaw is to enable the Town to regulate a segment of property at street intersections so as to offer vehicle operators and pedestrians an unobstructed view of an intersection. On corner lots, an area 25 feet in either direction intersected by a straight line is the area that would be regulated. Obstructions taller than 2'/2 feet and lower than 8 feet would be regulated. Additionally, Section 5.2.10.3 would prohibit obstructions within 5 feet of the front lot line in order to give pedestrians and motorists entering the street from a private driveway a clear unobstructed view. Any such obstruction could be permitted by the Chief of Police or his designee upon a finding that Public Safety was not hindered by such obstruction. ~XA 53 o Downtown Business 0 0 District as defined by B s 0 0 °z Article 16. NION STRE S-15 ~m a m. 1~~~ I~, ~n o ~N p~ WV VERNON TREET o \m S-15 FT P Q , A ENUE M \~0, 9 I S RFFr . ° 1 ASHINGInN ROgD BOLTON STREET N swEE:T-5 ~ Intl. U A S. 0100200 400 Feet Figure 1 - Defined "Downtown area per Section 5.2.10.2 18 ARTICLE 16 25' r rSF l f - - '44 ti. N r fl Figure 3 - Shows a further illustration of the sight triangle 19 Figure 2 - Demonstrates the required sight triangle Figure 4 - Bancroft at Lowell Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 3-0. 20 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 13, 2006, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings'thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 26th day of September, 2006. Ben Tafoy man James E. Bonazoli, Vice Chair an Stephen A. Goldy, Secretary Camille W. Anthony M'o ~ Richard W. Schubert SELECTMEN OF READING Thoma N'eeinaQonstable 21 ARTICLE 1 Town of Reading Municipal Light Department 2005 Highlights • The RMLD has moved its fiscal year to a June 30 year ending, which coincides with the Town of Reading's Fiscal Year. ® The RMLD will return $2,137,387 to the Town of Reading in 2005. ® The kilowatt-hour sales for the period January through June, 2005 were 336,158,249, which represents a 2% decrease as compared to the six-month period ended June, 2004. The decrease was due to milder weather and the recent loss of two large commercial customers. • The RMLD registered a record peak demand of 167.2 megawatts in July, 2005, which is about 10 megawatts higher than the previous peak. • The RMLD's revenues for the six-month ending period June, 2005 were $33.2 million, which produced a Net Income of $3.3 million. • The RMLD fuel costs for the period January through June, 2005 were 16.9% higher than in the period January through Jurie, 2004. • The RMLD has used over $3 million of reserves to meet it fuel expenses in 2005 so that the fuel cost increases were smoothly passed onto all customers. • The RMLD is depositing $1.7 million from Operating Cash into its Deferred Fuel Reserve to help offset anticipated fuel price spikes this coming winter. 22 23 Make the GREEN CHOICE You can make an active choice to benefit the environment by participating in GREEN CHOICE. It's a simple, affordable way to support electricity production from renewable energy sources such as wind, solar, hydro, geothermal, biogas and biomass. The GREEN CHOICE idea RMLD developed GREEN CHOICE to provide you with a convenient way to support renewable energy as a power source for electricity generation. Traditional power plants in our region rely heavily on fossil fuels such as oil, natural gas and coal to produce electricity. In addition to being subject to unstable costs and supply issues, these fuels produce significant environmental pollutants. GREEN CHOICE allows you to financially support power plants fueled by renewable energy sources such as wind, solar, hydro, geothermal, biogas and biomass. How it works GREEN CHOICE is available to all customers receiving service under any RMLD rate. Participation is completely voluntary. Those who make the GREEN CHOICE pay as little as $3 each month to support the production of 100 kilowatt-hours from 24 renewable energy sources in New England. Each block of 100-kilowatt-hours costs $3, and you may buy as many blocks as you wish. The cost is an additional charge on your monthly bill. You may end your participation at any time by giving us 30 days' notice. Will my power be green? When you make the GREEN CHOICE, you will guarantee that renewable energy is added to New England's power grid. However, it is physi- cally impossible to distinguish and deliver energy to specific homes or businesses. How to sign up To make the GREEN CHOICE, please speak with one of our Customer Specialists at 781-944-1340 or e-mail us at customerservice@rmld.com visit www.rmld.com or contact an RMLD Customer Specialist for the complete GREEN CHOICE filed rate and all Terms & Conditions for service. ARTICLE I ~O ty OFJ?.p CPDC Report to Town Meeting 6390 INCOR4O¢P . Background • Reading has yet to achieve > 10% affordable housing - Continue to be subject to 40B developments - Future state funding may be at risk • A housing plan provides the community with a vision for how we can achieve the 10% goal - Once certified by DHCD, provides for cooling off period from 4013's - Must meet minimum annual affordable housing gains equal to 0.75% or greater (66 units per year) 1 25 . • Income and Affordability Median Household Incomes Boston MSA Reading Andover $72,900 $86,300 $97,000 Cost of affordable house that counts towards 10% Boston MSA Reading Andover $170,000 $170,000 $170,000 Source: On Board Real Estate Information Company Overview of Housing in Reading To determine Reading's 40B number the State uses deciennial US Census... Total Affordable % 2000 Census Housing Units 8,823 420 4.7% ...the next Census in 2090 will reflect current units produced since the 2000 Census NOW-ALL UNITS 9,274 675 7.2% 2 26 Plan Findings = Housing Trends • Predominantly family community - Smaller Households - Decreasing trade ups - Increase in empty nesters & early seniors - Temporary increase in multi-family • Zoning - Primarily single-family housing - Lot sizes from 15,000 to 40,000 sf. - Options for PRD's, accessory apartments & mixed use. • Market Forces & State Housing Directives - PRD & PUD-R - Chapter 40B & 40R State permits Plan Findings - Infrastructure Planned to grow with the community for the foreseeable future. • Public - Water, Sewer, Drainage, Roadways • Private - Electric - CA/TV 3 27 Reading Public Schools Student Enrollment 1990 2000 2004 2005 2006 Elementary (K-5) 1,730 2,012 2,000 1,974 Middle School (6-8) 826 961 High School (9-12) 974 1,210 Special Ed * 42 Totals 3,530 L 4,213 Census, ages 5-19 4,253 4,904 Public Schools Impact • Higher-density housing generally has fewer school-age children per household • Household size and population age trends lead to stable or slightly declining enrollment • Reading is known for quality education, yet cost per student is relatively low • Current buildings already planned for growth 4 28 0 • Goals & Objectives - Immediate OFR 'r• Goal 1 f r ~ Gt c~py~.i ty0 _ J639.INCORQp4P~ Goal 1: Establish a strong public commitment to housing and develop proactive housing policies • Strengthen existing housing non-profits & pursue funding - Create New Housing Partnership (HP) - Pursue CPA - Add to Affordable Housing Trust Fund (AHTF) • Communicate the housing goals to residents - Establish communication processes 5 29 e e e • • • 0 s Goals ' & Objectives - Intermediate of RFgo~ti Goals 2 -3 r^ ,63sINCORQ~¢P~ • • Goal 2: Increase Affordable Units • Encourage rehabilitation and reconstruction - Monitor state building code changes, review existing by-laws, and encourage multifamily housing reuse • Encourage new developments - Cluster development (PRD) - Accessory apartments - BOS sponsored LIP projects - Creates affordable units using AHTF 6 30 Goal 3: Address mixed-use zoning in Town • Introduce mixed-use zoning - Initial action has been adopted for downtown - Parking task force working to remove development obstacles Review 40R/40S - Review mixed use overlay ZBL against 40R/40S requirements - Make recommendations for changes to adopt 40R/40S districts Results of Intermediate Term Efforts • Need to create an additional 66 units of affordable housing each year Planned Production # of Affordable Units/Yr Total # of Units/Yr Cluster Zoning 4 32 Accessory Apartments 25 25 LIP 25 100 Housing Authority 2 2 Mixed Use/40R-S 10 50 Total 66 209 7 31 0 • Affordable Housing Certification - Getting to 10% Total Affordable Proposed Planned Production through Y4 & 2010 ensus ousin an LIP 408 108 Mixed Use 200 40 Planned Residential 128 16 Accessory Apartments 100 100 SUB TOTAL 836 264 2010 Expected Status 10,110 939 Potential Developments Expected Pipeline RHA-Pleasant St. 4 4 Current 40B (PSP) 52 52 Johnson Woods-Back 10 110 17 SUB TOTAL 166 73 8 32 Reading Public Schools Student Enrollment 1990 2000 2005 2006 2007 Elementary (K-5) 1,730 2,012 2,000 1,974 Middle School (6-8) 826 961 High School (9-12) 974 1,210 Special Ed * 42 Totals 3,530 4,213 Census, ages 5-19 4,253 4,904 Public Schools Impact • Higher-density housing generally has fewer school-age children per household • Household size and population age trends lead to stable or slightly declining enrollment • Reading is known for quality education, yet cost per student is relatively low • Current buildings already planned for growth i 9 33 O O e • • O • 0 Goals & Objectives - Long Term OFRF9Afy Goals 4 -7 end ,w0 ,639' lNCORQO¢P~ s • s Goal 4: Promote a common understanding of the affordability issue • Establish a comprehensive permit policy • Align goals set forth by the HP • HP to work with developers • HP to establish relationships with non-profit developers • Make adjustments to plan based on 2010 census 10 34 Goal 5: Promote Diversity in housing types and households • Avoid exclusionary zoning and mansionization • Provide incentives for age-focused housing (e.g., over 55) • Provide tax-relief for elderly homeowners who grant the town a right of first refusal to purchase their home at a reduced price Goal 6: Promote Neighborhood preservation • Establish the fundamental elements of Reading neighborhoods • Associate historic preservation with Reading's character • Establish general planning guidelines • Amend the mixed-use zoning article to allow for multi-family developments • Compete for housing and community development state funds 11 35 Goal 7: Promote Long Term solutions for affordability (1) • Reduce limitations on the conversion of single- family units to two-family units • Encourage infill development • Simplify and streamline regulations and procedures • Take steps to retain expiring use properties as affordable housing. • Offer rehab loans and/or grants • Accept donated or reduced-price property Goal 7: Promote Long Term solutions for affordability (2) • Identify vacant and underutilized properties that may be suitable for housing using GIS • Adopt mixed use at the Addison Wesley Site • Identify municipal facilities that could be used as housing projects 12 36 Results of Long Term Efforts • Given the uncertainty of projected needs, the desired result is to create new affordable units under State guidelines to meet and maintain the 10% inventory. { Next Steps (2) Housing Plan OCT 2006 • Presentation. of Housing Strategies to BoS NOV 2006 • Interim Report to Town Meeting DEC 2006 JAN 2007 • BoS Plan approval FEB 2007 • Present Final Plan to Special Town meeting MAR 2007 • Submission of Plan to DHCD APR 2007 13 37 Next Steps (3) Community Preservation Act OCT 2006 • Creation of CPA Ad Hoc Committee by SOS ° CPA Ad Hoc Committee Report to BOS • CPA on the Ballot Next Steps (4) Zoning Amendments OCT 2006 NOV 2006 • CPDC Preparation of zoning changes - Accessory Apartments - PRD/Cluster Zoning - Johnson Woods FEB 2007 • Adopt zoning changes in Special Town Meeting MAR 2007 ° Begin Evaluation of 40R/40S APR 2007 14 38 ARTICLE 1 Report to Town Meeting Status of MWRA Buy-in for Full Water Supply November 13, 2006 Completed Items • Special Town Meeting authorizing Town to pursue becoming a full time MWRA water service member and decommissioning and demolishing current WTP on June 15, 2006 • S E A Consultants, Inc. retained to assist Town with this process on July 7, 2006 • Board of Selectmen authorized Town Manager to accept the conditions of the Administrative Consent Order (ACO) TM negotiated and to sign on their behalf on July 31, 2006 • ACO signed by Town Manager on August 1, 2006 • MWRA Service Commitment Letter to Town received on August 3, 2006 • Notice of Project Change (NPC) submitted to MEPA on August 7, 2006 • Phase One Waiver Request submitted to MEPA on August 7, 2006 • Request to MWRA to discharge WTP tanks, for decommissioning under ACO, to MWRA sewer submitted on August 25, 2006 • DEP-ACO Condition 7(i) met with submittal on August 25, 2006 • DEP -ACO Condition 70), Shutdown of Plant Procedure, met with approval of MA-DEP • Request to DEP for revised sampling schedule submitted on August 25, 2006 • Water Treatment Facility Shut-Down, end of day August 31, 2006 . • Presentation to Water Resources Commission at September 14, 2006 Meeting 1 • MWRA approval for discharging WTP tanks to sewer received on Sept 14, 2006 • MEPA Draft Record of Decision on Phase 1 Waiver received September 14, 2006. • MEPA Secretary's Certificate on NPC received on September 14, 2006 • DEP approved revised sampling schedule on September 25, 2006 • Final Record of Decision on Phase 1 Waiver received from MEPA on October 10, 2006 • DEP inspected plant on October 13, 2006 and will approve shutdown plan Future Items • Decommissioning of WTP completed, October 31, 2006 • Submit SFEIR/ITA to MEPA and WRC on November 30, 2006 • Comments on SFEIR due January 5, 2007 • Secretary's Certificate on SFEIR due January 12, 2007 • ITA Application Review Begins when Secretary's Certificate is received • Meetings with WRC staff • Water Resources Commission Hearing • Water Resources Commission Decision • Submittal to DEP to meet ACO Condition 7 (k) within 30 days following last approval • MWRA Advisory Board Presentation and review • MWRA Board of Directors Presentation and review • Town is admitted to MWRA as a full time water service community • WTP demolition • Cease use of full-time MWRA if approvals not granted by December 1, 2007 or by a later date to be agreed to by the Town and MA-DEP 10/25/2006 39 C/] 41 4-1 1 6 W V I fJ] O O ~ H V H w a w A H U w a 0 H ti c ° 0 0 ° ° ° ° CD o o o o ~TI LO O ~TI O w Lo d C> O C> O O O O 'Xi O tt~ U) N N h O Cl) w r~vco Z1. -,:I- 'd- -,zr -d- .:d- "d- ,I. :I- :I, H m ~1 00000 O O ~ N M 0000 NO~ ~F 00^-NNMM<FO)000 O V M M IT O • p JJ J -.1 ~ On Cp JJJJJJJJ-..1JJ-.1 J Cp ca ccl Cp co CO CO Cp m ca co [n G r O O C cr- c c E cz3 O E co E d Cll O 0 U a) a) o 0 Y a) co as "E E E2 C n m a) a u Q CL C ~ 06 cu ~ aoi 76 a 0) CD CD c Q b LS E (D V CA M CT U E i i O O O CT% ~5.0,= in O 2 Q al c a- :3 ~ 0) ~ - 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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. ( 1 ♦ 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 dis- cussing 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 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. ♦ Ad'iourn: 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. 48 ♦ Lay on the Table: Stops debate o Question of Privilege: Sometimes with the intention generally of used to offer a resolution. Should bringing the subject up again later. not be used to "steal" the floor. May also be used to defer action on an Article for which procedurally a ♦ Point of Order: To raise a question negative vote is undesirable. concerning the conduct of the Note that tabled motions die with Meeting. adjournment. ♦ Point of Information: To ask for o Move the Previous Question: Upon information relevant to the business acceptance by a two-thirds (2/3) at hand. vote, stops all debate and brings the subject to a vote. This is generally MULTIPLE MOTIONS the main motion, or SUBSEQUENT (MULTIPLE) MOTIONS ♦ The most recent amendment, unless qualified by the mover. The reason If the subsequent motion to be offered, for this as provided in Robert's Rules as distinct from an amendment made of Order is to allow for other amend- during debate, includes material which ments should they wish to be has previously been put to a vote and presented. defeated, it will be viewed by the Moderator as reconsideration and will ♦ Amend: Offers changes to the main not be accepted. If the subsequent motion. Must be in accordance with motion contains distinctly new material the motion and may not substantially which is within the scope of the Warrant alter the intent of the motion. In Article, then it will be accepted. An accordance with Robert's Rules of example of this latter situation is Order, only one primary and one successive line items of an omnibus secondary motion will be allowed on budget moved as a block. the floor at one time, unless specif- ically accepted by the Moderator. SUBJECT TO THE FOLLOWING CONSIDERATIONS o Indefinitely Postpone: Disposes of the Article without a yes or no ♦ The maker of any proposed multiple vote. motion shall make their intent known, and the content of the ♦ Take from the Table: Brings back a motion to be offered shall be motion which was previously laid on conveyed to the Moderator - prior to the table. the initial calling of the Warrant Article. o Main Motion: The means by which a subject is brought before the ♦ Once an affirmative vote has been Meeting. taken on the motion then on the floor - no further subsequent alternative THE FOLLOWING MOTIONS MAY BE motions will be accepted. (Obviously USED BY A MEMBER FOR THE does not apply to the budget, for PURPOSE NOTED: example.) 49 ♦ Also - There can only be one motion on the floor at any one time. You have the ability to offer amendments to the motion that is on the floor. You also have the ability to move for reconsideration. TOWN OF READING BYLAWS ARTICLE 2: TOWN MEETINGS 2.1 General Section 2.1.1 The Annual Town Meeting shall be held on the third Tuesday preceding the second Monday in April of each year for the election of Town officers and for other such matters as required by law to be determined by ballot. Notwithstanding the foregoing, in any year in which presidential electors are to be elected, the Board of Selectmen may schedule the commencement of the Annual Town Meeting for the same date designated as the date to hold the Presidential Primary. Section 2.1.2 The polls for the Annual Town Meeting shall be opened at 7:00 a.m. and shall remain open until 8:00 p.m. Section 2.1.3 All business of the Annual Town Meeting, except the election of such Town officers and the determination of such matters as required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting to be held at 7:30 p.m. on the second Monday in April, except if this day shall fall on a legal holiday, in which case the Meeting shall be held on the following day or at a further adjournment thereof. Section 2.1.4 A Special Town Meeting called the Sub- sequent Town Meeting shall be held on the second Monday in November, except if this day shall fall on a legal holiday, in which case the Meeting shall be held on the following day. The Subsequent Town Meeting shall consider and act on all business as may properly come before it except the adoption of the annual operating budget. Section 2.1.5 Adjourned sessions of every Annual Town Meeting after the first such adjourned session provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting, shall be held on the following Thursday at 7:30 p.m. and then on the following Monday at 7:30 p.m. and on consecutive Mondays and Thursdays, unless a resolution to adjourn to another time is adopted by a majority vote of the Town Meeting Members present and voting. Section 2.1.6 The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or providing in a manner such as electronic submission, holding for pickup, or mailing, an attested copy of said Warrant to each Town Meeting Member. Section 2.1.7 All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the date of election of Town officers unless this day is a holiday in which case the following day shall be substituted. 50 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. Rule 5: Every person shall stand when speaking, shall respectfully address the Moderator, shall not speak until recog- nized 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 ques- tion 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 Meet- ing shall be interrupted except by a Member making a point of order or privileged motion or by the Moderator. 51 I Rule 11: Any person having a mon- etary or equitable interest in any matter under discussion at a Town Meeting and any person employed by another having such an interest, shall disclose the fact of his interest or his employer's interest before speaking thereon. Rule 12: The Moderator shall decide all questions of order subject to appeal to the meeting, the question on which appeal shall be taken before any other. Rule 13: When a question is put, the vote on all matters shall be taken by a show of hands, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the show of hands, or if his decision is immediately questioned by seven (7) or more Members, he shall determine the question by ordering a standing vote and he shall appoint tellers to make and return the count directly to him. On request of not less than twenty (20) Members, a vote shall be taken by roll call. Rule 14: All original main motions having to do with the expenditure of money shall be presented in writing, and all other motions shall be in writing if so directed by the Moderator Rule 15: No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the subject of the original motion shall be entertained. Rule 16: When a question is under debate, no motion shall be in order except (1) to adjourn, (2) to lay on the table or pass over, (3) to postpone for a certain time, (4) to commit, (5) to amend, (6) to postpone indefinitely or (7) to fix a time for terminating debate and putting the question, and the afore- said several motions shall have 52 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 pro- ceeding 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 attend- ance 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 consid- eration 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 consid- ered 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-third (2/3) of the votes present. Arguments for or against reconsider- ation may include discussion of the motion being reconsidered providing such discussion consists only of relevant facts or arguments not pre- viously presented by any speaker. 2.2.4.2 The foregoing provisions relating to motions to reconsider shall not apply to any such motion made by the Board of Selectmen and authorized by the Moderator as necessary for the reconsideration of actions previously taken by Town Meeting by reason of State or Federal action or inaction or other circumstances not within the control of the Town or Town Meeting. In the event such a motion to reconsider is made and authorized, said motion may be made at any time before the final adjournment of the Meeting at which the vote was passed, said motion may be made even if the vote was already reconsidered, or was the subject of a vote not to reconsider and reconsideration may be ordered by a vote of two-thirds (2/3) of the votes present. 2.2.4.3 Notice of every vote to be reconsidered at an adjourned Town Meeting shall be posted by the Town Clerk in one (1) or more public places in each precinct of the Town as soon as possible after adjournment, and he shall, if practicable, at least one (1) day before the time of the next following session of said Adjourned Meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said Adjourned Meeting. The foregoing notice provisions shall not apply when a motion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any Adjourned Town Meeting. Section 2.2.5 The Selectmen shall, at each Annual Town Meeting, give to the Members information of the State of the Town. 53 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 meet- ings 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 attend- ance 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 recommend- ations along with supporting evidence and rationale to Town Meeting. 2.2.7.3 The names of the Members subject to removal in accordance with Section 2-6 of the Charter shall be grouped by precinct in the Warrant Article required by said Section. Section 2.2.8 Meetings During Town Meeting No appointed or elected board, commission, committee or other entity of Town Government shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, commission or committee which schedules or holds a meeting or hearing on the same calendar day but at a time prior to a session of Town Meeting shall adjourn or recess not less than five (5) minutes prior to the scheduled session of Town Meeting. Any board, commission or committee may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion request- ing 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. 54