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HomeMy WebLinkAbout2004-11-08 Subsequent Town Meeting Warrant Report0 CL Town of Reading Massachusetts Report on the Warrant Subsequent Town Meeting November 8, 2004 TABLE Of CONTENTS SUBSEQUENT TOWN 'MEETING NOVEMBER 8, 2004 Article Title Sponsor Page # 1 Reports Board of Selectmen 2 2 Instructions Board of Selectmen 2,3 3 Amend Capital Improvements Program Board of Selectmen 3,4 FY 2005 - FY 2014 4 Approve Payment of Prior Year's Bills Board of Selectmen 5 5 Amend the FY 2005 Budget Finance Committee 5,6 6 Establish/Add Funding for Stabilization Finance Committee 6 Fund 7 Authorize Inspections Revolving Funds Board of Selectmen 6,7 8 Appropriate Performance Bond - Pierce Board of Selectmen 7,8 Street 9 Appropriation of Contributions from Board of Selectmen 8 Developers for Various Projects 10 Authorization for Application and Board of Selectmen 8,9 Acceptance of a Grant/Loan from MWRA for Inflow and Infiltration Removal 11 Authorize Funding - West Street Water Board of Selectmen 9,10 Line 12 Authorize Funding - Franklin Street Board of Selectmen 10 Water Line 13 Chapter 90 Appropriation Board of Selectmen . 10 14 Acceptance of Gifts Board of Selectmen 11 15 Granting Easements over Conservation Conservation Commission 11-13 Land to Abutting Property Owners - Longwood Road Area 16 Amendments to the Reading Home Rule Board of Selectmen 13-16 Charter 17 Establishment of West Street Historic West Street Historic 16-23 District District Committee 18 Amend Zoning By-Law to allow for CPDC 24 Waiver of Site Plan Article Title Sponsor Page # 19 Amend Zoning By-Law - Waiver of Loading Zone Space Requirements CPDC 25 APPENDIX 1 Article 1 - Report of Reading Municipal Light Department 27-33 2 Article 3 - Capital Improvements Program Blue Pages 34-39 3 Map - Article 8 - Appendix 3A 40 3 Maps - Article 9 - Appendix 3B 41-44 3 Map - Article 11 - Appendix 3C 45 3 Map - Article 12 - Appendix 3D 46 3 Map - Article 15 -Appendix 3E 47 4 Article 16 - Reading Home Rule Charter 48-82 5 Article 17 - Map - Proposed West Street Historic District 83 Conduct of Town Meeting 84-90 f n COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant- I, on October 13, 2004 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 8, 2004, 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 13, 2004. A W. Ulrich, Cons a le A true copy. Attest: 4 eryl A Johnson, 7Mn Clerk 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 in the IMAX Theater at Jordan's Furniture Store, 50 Walkers Brook Drive, Reading, Massachusetts, November 8, 2004, 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. Additional sessions of Town Meeting after November 8, 2004 will take place at Reading Memorial High School Auditorium, 62 Oakland Road, Reading, Massachusetts. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town Manager and any other Board or Special Committee. Board of Selectmen Background: This Article appears on the Warrant of all Town Meetings. It is anticipated that the following reports will be given: ♦ A presentation by the Massachusetts Association of School Committees (MCAS) of their award to Russell T. Graham for his work on behalf of the Reading Public Schools. A report on the state of the Schools including a report on the status of school construction projects. A report of the RMLD on a previous instructional motion will be given (included in the Appendix 1 to this report). Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: This Article appears on the Warrant of all Town Meetings. There are no known Instructional Motions at this time. Instructional Motions are normally held until the end of all other business at Town Meeting. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 2005 - FY 2014, 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: There are several amendments to the Capital Improvements Program (CIP) that are required for this Town Meeting. They include: ♦ B-S-019 - Wood End School - The School Department had a surplus of over $650,000 in the FY 2004 Budget due to better than anticipated reimbursement of SPED costs under the "Circuit Breaker" Program. The School Committee voted to transfer those one-time revenues to capital projects the three school projects under construction. The State Department of Revenue ruled that transfer to be inappropriate indicating that for transfers of this magnitude and for projects of this type, Town Meeting approval is needed. Therefore, there will be a requested transfer from Free Cash to fund these additions to previously approved capital projects, and the moneys from the FY 2004 Budget that the School Committee had previously transferred will revert to Free Cash. Funding of these projects would be accomplished under Article 5 of this Warrant. ♦ B-S-020 - Barrows School (see above). ♦ B-S-021 - RMHS (see above). ♦ PW-P-004 - Reconstruct Play„grounds - This change reflects the amendment to the CIP voted last Spring by Town Meeting, adding $20,000 for the Hunt Park Playground. The FINCOM approved a Reserve Fund Transfer in the amount of $7,500 which allowed the first phase of this project to be done this Fall. It is possible/likely that a budget amendment will be sought this Fall for the additional $12,500 authorized but not appropriated for this project. ♦ PW-W-002 - Well Improvements - This project was funded in the FY 2005 Budget but was inadvertently left out of the Capital Improvements Program. ♦ PW-W-005 - Main - West Street from County to Willow - This project was included in the CIP for FY 2005 but at a lower amount - $575,000. The increase is due to the increase in scope - and updated for recent bid prices. The previous scope was West Street from County to Palmer Hill. The new scope is West Street from County to Willow Street. With this project, plus the' current project which is under construction connecting from Willow to Enos, and Enos to Catherine, this will complete the West Street water line upgrade. Funding of this project would be accomplished under Article 11 of this Warrant. ♦ PW-W-015 -Replace Dump Truck.- This project was funded in the FY 2005 Budget but was inadvertently left out of the Capital Improvement Program. ( 71 11 A marked up copy of the Capital Improvements Program is attached to this document, and the changes from the previous CIP are noted. (See Appendix 2 - blue pages.) Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. These changes do not appropriate any funds, but the inclusion of projects on the CIP is required in order for Town Meeting to further consider whether or not to fund the projects. Bylaw Committee Report: No report. School Committee Report: School Department Transfer - In FY04, the Commonwealth of Massachusetts implemented a new method to reimburse towns for Special Education costs. This new method, called the "Circuit Breaker," replaced the former "50/50 Account." The 50/50 account only allowed for reimbursement of out-of- district residential placement costs. The Circuit Breaker expanded the definition of reimbursable expenses to include day program and high cost in-district placements. Since the FY04 school committee budget was developed prior to the enactment of the Circuit Breaker and state reimbursements for any new educational program was questionable due to the financial crisis at the state level, the town accountant and the school committee could not budget with certainty the anticipated reimbursement for FY04. This, along with a very aggressive effort to include all possible expenses that the Circuit Breaker program would allow, resulted in a much higher than anticipated reimbursement in the amount of $563,000. Furthermore, sound fiscal oversight resulted in additional budgetary savings in FY04. The combination of these factors resulted in the School Department having $683,000 remaining in the Budget at the close of the year, which the School Committee voted to transfer to the three building projects it oversees, as follows, with the remaining $33,000 going into free cash: High School $350,000 Barrows $200,000 Wood End $100,000 The Department. of Revenue disagrees with the method the School Committee took in transferring these funds and believes that Town Meeting is the only body that can add to an existing building project fund. Though the School Committee, Town Counsel, Town Accountant, Town Finance Director and Superintendent of Schools all believe the powers of the School Committee do afford them the right to add to existing projects, it was decided that the most expeditious method of resolving this issue was to comply with DOR's suggested method of transferring these funds so they could be used for the projects as voted upon by the School Committee. Therefore, the* School Committee is requesting that Town Meeting affirm the votes of the School Committee by voting to transfer the above-mentioned funds from Free Cash, where the $683,000 from the School Department FY04 budget will revert, to these previously approved building projects. Funding of these projects would be accomplished under Article 5 of this warrant. 4 ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 2005 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Background: There are no known bills from the prior year and, therefore, this Article is likely to be Indefinitely Postponed. Finance Committee Report: No report. 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 19 of the April 26, 2004 Annual Town Meeting relating to the Fiscal Year 2005 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 Budget Transfers are being requested for FY 2005: Account Line Description Change Revised Budget C9 Human Resources Expense +$24,000 $37,760 F6 DPW Highway and Equipment Maintenance Expenses - Line Painting + $3000 $265,951 J12 Capital - Wood End School +$100,000 $100,000 J13 Capital - Barrows School +$200,000 $200,000 J14 Capital - RMHS +$350,000 $350,000 1 Vocational School District -$6,500 C10 Finance Department Salaries +$10,000 $273,136 J6 Highway Equipment +$50,000 $ 175,000 C1 - Human Resources Expense - The cost of advertising has been greater than expected. Additionally, the cost of the required consultant for the Police Chief Assessment Center is included. ♦ F6 - DPW Highway and Equipment Maintenance Expenses - This funding is needed to complete line painting for the year. The Town has added considerable new stop signs and crosswalks. J12. J13. J14 - Car)ital - Wood End School. Barrows School. RMHS - See discussion under Article 3. ♦ I - Vocational School District - The final assessment came in lower than budgeted. ♦ C10 -Finance Department Salaries -This will provide salary for approximately one month of overlap between the retiring Finance Director and a new Finance Director. ♦ J6 - Highway Equipment - This will replace an outdated and dilapidated wood chipper which is essential to the operation of the DPW. The Finance Committee and Town Meeting should be aware that transfers will be needed to the Health Insurance account. However, It is preferable to wait until the rate increases and open enrollment in March to determine the amount of transfer needed. Finance Committee Report: The Finance Committee voted to recommend the first seven budget amendments as noted above by a vote of 9-0-0. FINCOM feels that the amendments for the School Department capital items are appropriate and consistent with prior discussion on the need to get more funding into the three school projects for technology and furnishings. These expenditures will be State SBA reimbursable to the extent that the reimbursement limits on each of the projects are not exceeded. Additionally, the "Circuit Breaker' reimbursement which created the FY 2004 surplus in the School Department Budget was a "one time" event (we are now budgeting in anticipation of this reimbursement), and it is appropriate that it be used for onetime expenditures such as capital improvements. On the last budget amendment, the Finance Committee voted to recommend the amendment by a vote of 7-2-0. FINCOM asked for some additional information on the wood chipper and that will be supplied to them prior to Town Meeting. Bylaw Committee Report: No report. ARTICLE 6 To see what sum the Town will raise from the tax levy, or transfer from available funds, or otherwise, and appropriate into the Stabilization Fund as authorized under Section 5B of Massachusetts General Laws Chapter 40 of the Massachusetts General Laws, or take any other action with respect thereto Finance Committee Background: This Article was placed on the Warrant when it appeared that there would be additional State aid that could be appropriated to the Stabilization Fund. The Town has indeed secured an additional one-time State Aid of $183,000. However, the estimates of new growth and other revenues anticipated when the FY 2005 Budget was prepared appear to be overly optimistic. Since there is no "surplus" State Aid for FY 2005, it is expected that this Article will be Indefinitely Postponed. Finance Committee Report: The Finance Committee agrees that there is not a surplus of funds available to add to the Stabilization Fund at this time and that the Article should be Indefinitely Postponed. Bylaw Committee Report: No report. ARTICLE 7 To see what sum the Town will vote to establish a revolving fund under Chapter 44, Section 53EY2 for any or all of the following purposes: Using the receipts generated from the issuance of Building, Plumbing or Gas, and Wiring and other permits for the Archstone Development and/or the Johnson Woods Development to pay the costs of legal expenses, oversight and inspection, plan review, initial property value appraisal and appeals, and general management of the Community Services operations related to that development; and to pay for related expenditures, said expenditures to be administered by the Town Manager, and to determine the total amount of expenditures during Fiscal Year 2005 which may be made from each such fund, or take any other action with respect thereto. Board of Selectmen Background: In FY 2004 and FY 2005, a revolving fund was established and continued for the purposes of costs related to the inspection of the landfill project. These moneys have been and continue to be expended for additional plan review and inspections of that project. Recently, the Johnson Farm and Archstone projects have been approved and will be under construction beginning this fiscal year. This Article would allow those building permits to be expended for plan review and inspections, in addition to use for related legal and other expenses. State law prohibits modification mid-year of an existing revolving fund. Therefore, for the remainder of this Fiscal Year, we will be operating with two separate inspection related revolving funds. Since the landfill project will be completed by the end of FY 2005, funds remaining in that revolving fund will be released, and a new more encompassing fund will be established at the 2005 Annual Town Meeting, replacing the two revolving funds which now exist and which will be created under this Article. Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. Using the revolving fund in this manner to offset peaks in demand for inspectional and other services related to new development is an appropriate measure to make sure that the necessary work can be done without impacting the operating budget. Bylaw Committee Report: Action pending. ARTICLE 8 To see if the Town will vote to appropriate the sum of $25,000 which represents the performance guarantee for the construction of sidewalks, curbing, and finish course of pavement on Pierce Street, as provided through a tripartite agreement between the Town of Reading, Gerald E. Welch, Inc, and the Danvers Savings Bank, said performance guarantee having been taken by the Community Planning and Development Commission on July 14, 2004, for lack of performance of the guaranteed work, or take any other action with respect thereto. Board of Selectmen Background: The developer of the condominiums on Pierce Street was obligated to do certain improvements to Pierce Street and failed to do so. The CPDC took the performance bond, and DPW has been working to complete the improvements. The work is mostly done. The Town Accountant advises that it is necessary to appropriate these funds - in the amount of $25,000 and this Article will accomplish that (see map in Appendix 3A). 7 Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. Bylaw Committee Report: No report. ARTICLE 9 To see if the Town will vote to appropriate contributions from all or any one of the following or other developers: ♦ Walkers Brook Crossing for neighborhood street improvements, MWRA buy-in and sewer Inflow/Infiltration; Johnson Farms for curb and sidewalk, traffic design, street improvements, water system improvements, MWRA buy-in and sewer Inflow/Infiltration, s Maplewood Village for trail improvements, ♦ Archstone Development for MWRA buy-in and sewer Inflow/Infiltration, for purposes described or any other lawful and related improvements as approved by the Town Manager, or take any other action with respect thereto. Board of Selectmen Background: As part of the approval for the above projects, payment from the developers for mitigation was required. The State Department of Revenue has advised that these payments must be appropriated by Town Meeting, and this Article will accomplish this. The funds that are expected to be appropriated include the following: e Walkers Brook Crossing - $100,000 for road improvements. Funding for MWRA buy- in ($202,000) and Sewer 1/1 ($319,000) will be paid and deposited in the water and \ sewer funds respectively and available for Town Meeting appropriation annually. Johnson's Farms - $26,000 for curb and sidewalks; $100,000 for traffic design/improvements; $187,000 for water improvements; and funding for MWRA buy-in and Sewer 1/I which will be paid over time and deposited in the water and sewer funds respectively and available for Town Meeting appropriation annually. Maplewood Village - $12,000 for trail improvements. o Archstone Development - Funding for MWRA buy-in and Sewer 1/1 which will be paid and deposited in the water and sewer funds respectively and available for Town Meeting appropriation annually (see maps in Appendix 313). Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. Utilizing contributions from developers to mitigate the impact of their development is smart business practice, and allows the Town to further improve the infrastructure of the community. Bylaw Committee Report: No report. ARTICLE 10 To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate pursuant to Chapter 44 Section 7(L) of the Massachusetts General Laws for reconstructing surface drains, sewers and sewerage systems, including the cost of consulting engineering services, designs, plans, contracts, specifications, equipment, inspection fees, contingencies and C related facilities and expenses related thereto and necessary in connection therewith, said sum to be spent under the direction of the Town Manager; and to see if the Town will vote to authorize the Town Manager or any other agency to file an application(s) for a grant or grants to be used to defray all or any part of said sewer construction and/or reconstruction and related matters; and to see if the Town will vote to authorize the Town Manager to enter into any or all agreements as may be necessary to carry out the purpose of this Article, including but not limited to, the applications and acceptance of a grant and a non-interest bearing loan from the Massachusetts Water 'Resources Authority, and to authorize the Treasurer-Collector, with the approval of the Board of Selectmen, to borrow pursuant to said loan, or take any other action with respect thereto. Board of Selectmen Background: This Article will authorize the Town to apply to the MWRA for a grant and loan to conduct sewer inflow and infiltration studies and correction in the community (Sewer 1/1). The program will provide a $171,315 grant and $209,385 in a five year interest free loan which will cost $41,877 per year to repay. The Town has participated in this program in the past. The more effective the Sewer 1/1 Program, the less the Town's MWRA sewer costs will be, and the less likely property owners will be to encounter sewer back-ups. Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. This is a very cost-effective way of addressing sewer issues, and is in addition to Town budgeted funds and developer contributions. 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 pursuant to Chapter 44 Section 8(5) of the Massachusetts General Laws for the purpose of constructing a replacement of the water main on West Street extending approximately from County Road to Willow Street, including the cost of engineering 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 water system 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: This project is part of the water distribution improvements included in the Water Distribution Master Plan and as included in the Capital Improvements Program. The previous estimate of cost was $575,000 which included the portion of West Street from County Road to Palmer Hill Road. The project has been modified to extend all the way to Willow Street. This project, combined with other work paid by the developer (see Article 9) and the previously budgeted work on West Street, will complete the West Street project and improve the distribution system on the entire west side of Reading. The total revised cost is $766,000 which will be authorized as debt (see map in Appendix 3C). Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. This is part of a system wide improvement program which is programmed as part of the Water Division Capital Improvements Program. This project and all other capital items in the Water and Sewer Divisions have been factored into the 10 year rate study. Bylaw Committee Report: No report. ARTICLE 12 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate pursuant to Chapter 44 Section 8(5) of the Massachusetts General Laws for the purpose of constructing a replacement of the water main on Franklin Street extending approximately from Main Street to Haverhill Street, including the cost of engineering 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 water system 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: This project is part of the water distribution improvements included in the Water Distribution Master Plan and as included in the Capital Improvements Program. The total revised cost is $325,000 which will be authorized as debt (see map in Appendix 3D). Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. This is part of a system wide improvement program which is programmed as part, of the Water Division Capital Improvements Program. This project and all other capital items in the Water and Sewer Divisions have been factored into the 10 year rate study. Bylaw Committee Report: No report. ARTICLE 13 To see what sum the Town will raise by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen 10 Background: The purpose of tF improvements available to the Tc C. receipt of the grant but the Town Chapter 90 allocation is $367,750, previous peak levels of $450,000. the $450,000 level. is Article is to make Chapter 90 funds for road wn. The Article authorizes debt in, anticipation of has never sold debt for these projects. The current up from recent levels of $315,000, but less than the The Town anticipates an increase for future years to Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote of 9-0-0. The FINCOM is happy to see that the State appropriation for Chapter 90 funds is increasing, and expects that next year the amount available to the Town of Reading will be at former levels of approximately $450,000. Bylaw Committee Report: No report. ARTICLE 14 To see if the Town will vote to accept one or more gifts to be administered by the Commissioners of Trust Funds, such gifts to be used for the purposes for which they are given to the Town, or take any other action with respect thereto. Board of Selectmen Background: There are no known gifts at this time and it is, therefore, likely that this Article will be Indefinitely Postponed. Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen to file the following or similar legislation with the Great and General Court: AN ACT AUTHORIZING THE CONSERVATION COMMISSION OF THE TOWN OF READING TO GRANT CERTAIN EASEMENTS Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of same, as follows: Section 1. The Conservation Commission of the Town of Reading may grant to the Board of Selectmen on behalf of the Town an easement in a certain parcel of conservation land as shown on the Town of Reading Assessor's Map 47, Parcel 4, for access and utility purposes including the construction, maintenance and repair of sewer pipes, water, and drainage pipes, a sewer pumping station and appurtenances thereto. Section 2. The Conservation Commission of the Town of Reading may grant to Timothy F. Leary and Barbara Leary, their heirs, successors and assigns, a permanent easement over a certain parcel of conservation land as shown on the Town of Reading Assessor's Map 47, Parcel 4, the easement being approximately 540 feet in length and approximately 60 feet wide, for access by foot and by vehicle, to one single-family dwelling located at 113 Longwood Road and identified on the Reading Assessor's Map 11 58, Parcel 5 and for underground and above ground utility connections only, and for no other purpose. This easement is for residential purposes only. The Conservation Commission may convey this easement upon such other terms and conditions as it deems appropriate to protect its interest in the parcel of land. Section 3. The Conservation Commission of the Town of Reading may grant to Louis Peterson, his heirs, successors and assigns, a permanent easement over a certain parcel of conservation land, as shown on the Town of Reading Assessor's Map 47, Parcel 4, the easement being approximately 420 feet in length and approximately 40 feet wide, for access by foot and by vehicle, to one single-family dwelling located at 111 Longwood Road, identified on the Town of Reading Assessor's Map 58, Parcel 10 and for underground and above ground utility and drainage connections only, and for no other purpose. This easement is for residential purposes only. The Conservation Commission may convey this easement upon such other terms and conditions as it deems appropriate to protect its interests in the parcel of land. Section 4. The Conservation Commission of the Town of Reading may grant to Johnson Woods Realty Corp., its heirs, successors and assigns, a permanent easement over a certain parcel of conservation land, as shown on the Town of Reading Assessor's Map 47, Parcel 4, the easement being approximately 300 feet in length and approximately 30 feet wide, for access by foot and by vehicle, to one single-family dwelling to -be located at the southern end of a parcel of land identified on the Reading Assessor's Map 58, Parcel 7 and for underground and above ground utility and drainage connections only, and for no other purpose. This. easement is for residential purposes only. The Conservation Commission may convey this easement upon such other terms and conditions as it deems appropriate to protect its interests in the parcel of land. j Section 5. This act shall take effect upon its passage. And, to see if the Town will vote pursuant to M.G.L. Chapter 40, §15A, to authorize the Conservation Commission to convey easements over a. certain parcel of conservation land shown on the Town of Reading Assessor's Map 47, Parcel 4, upon the terms and conditions contained in the special legislation together with any other terms and conditions it deems appropriate to protect its interest in the parcel of land which authority is specifically conditioned upon the passage of the above special legislation, or take any other action with respect thereto, Conservation Commission Background: The Town of Reading acquired Parcel 4 of Assessor's Map 47 through tax title foreclosure in. 1994. This parcel lies west of the end of the public right-of-way of Longwood Road. Pror to its acquisition by the Town, a driveway had been established through the parcel that provided access to houses on abutting land to the north, Parcels 5 and 10 of Assessor's Map 58 presently owned by Timothy and Barbara Leary and by Louis Peterson. In 1998, the Town constructed a sewer pump station just south of the driveway and installed sewer mains and other appurtenances within the driveway. On November 28, 2000, after construction of the sewer system, the Board of Selectmen transferred Parcel 4 of Assessor's Map 47 to the care, custody and control of the Conservation Commission for conservation purposes under Massachusetts General Laws, Chapter 40, Section 8C. 12 In November of 2003, Johnson Woods Realty Corporation submitted a Special Permit application for a Planned Unit Development to the Community Planning and Development Commission under the Reading Zoning By-Laws. The Johnson Woods proposal included one additional single-family house to be located west of Longwood Road on Parcel 7 of Assessor's Map 58 directly abutting Parcel 4 of Assessor's Map 47. The proposal also included use of the existing driveway within the Town parcel for access to the new house. The Community Planning and Development Commission noted that neither the two existing houses, nor the Town's existing sewer system, nor the proposed house had a clearly demonstrated right of access through the Town parcel. In the decision on the PUD, the Community Planning and Development Commission subsequently required that such access be established for the new house, or that access be provided by an alternative route, possibly from West Street or Kelch Street. Because the Parcel 4 of Assessor's Map 47 is presently under the care, custody and control of the Conservation Commission, the Great and General Court must authorize the granting of the easement by the Conservation Commission. Article 15 asks the Town Meeting to authorize the Board of Selectmen to file the necessary legislation. Article 15 also asks the Town Meeting to authorize the Conservation Commission to convey the easement, and provides the Commission the authority to establish such terms and conditions upon the easement as it deems appropriate to protect its interests in the parcel. The Conservation Commission voted on August 18, 2004 to support the inclusion of Article 15 in the Subsequent Town Meeting Warrant. The terms and conditions of the easement would be established after authorization by Town Meeting and the Great and General Court (see maps in Appendix 3E). Finance Committee Report: No report. f Bylaw Committee Report: No report. ARTICLE 16 To see if the Town will vote, pursuant to Mass. General Laws c. 43B, §10, and Article 8, Section 8-1 of the Reading Home Rule Charter ("Charter"), to amend the Charter in accordance with the recommendations of the Charter Review Committee which are attached to this Warrant as Appendix 1 and which are incorporated by reference into this Article. Board of Selectmen Background: The ad hoc Charter Review Committee was established in August of 2003. The Committee's first meeting was October 30, 2003 and the Committee met 11 times. The Committee was assisted in its work by Town Counsel. The Committee was also well served at all meetings by the Town Manager. The Committee took a thorough look at the existing Charter. They walked through the Charter section by section, and members of the Committee outlined issues that they wanted to address. The Committee then did outreach to former Charter Committee Members, and to members of Town staff and current Boards, Committees and Commissions. The Committee held a televised forum on RCTV and got no direct input from that. Finally, the Committee held a public hearing on June 9, 2004 which was televised and which had a call-in format. There were no residents in attendance nor were there any phone calls. 13 Attached (see Appendix 4) is a marked up copy of the Charter that shows in bold and cross out changes that are recommended by the Committee. All changes to the Charter are recommended unanimously except for Section 7-10 that was recommended on a 5-1-0 vote. There are no major changes proposed to the Charter that would require a Charter Commission. The changes suggested are in the nature of housekeeping, grammatical and fine-tuning. The following is a summary by Article of the major changes as proposed: Article 1 - Existence and Authority No changes. Article 2 - Representative Town Meeting The recommended changes are: Section 2-6 - This will provide that to be elected to Town Meeting as a write-in candidate, you need at least 10 votes. This would make it consistent with the number of signatures on a petition that would be required. Section 2 -11 - This would provide that any person (whether an inhabitant of the Town or not) who is not a Town Meeting Member may be allowed to speak. Section 2 -12 - This would provide that Town Meeting could not establish a standing committee having only one person make appointments to that committee. Section 2-12 - This establishes a Bylaw Committee Appointment Committee similar to the Finance Committee Appointment Committee, and makes the two consistent with each other. Article 3 - Elected Officers and Boards C Section 3-1 - Provides that no person is to be elected to the Board of Selectmen, School Committee or Library Trustees, Municipal Light Board, Board of Assessors or Moderator unless they received at least 50 write-in votes. This is consistent with the requirement of nominating petitions. Section 3-2 - The Insurance Committee would be eliminated as a committee that is required. If one is ever needed, it can still be established by the Board of Selectmen as provided elsewhere in the Charter. Section 3-3 - This changes the School Committee's powers to be consistent with Education Reform. Section 3-5 - This modifies the requirement on the Municipal Light Board signing contracts to make it clear that the contracts are those over the bid threshold (currently $25,000). Article 4 - Appointed Boards and Committees Section 4-4 - Board of Appeals would change to a five member Board of Appeals and, therefore, four votes would be required to secure a variance, rather than a unanimous vote of a three member Board which is currently the situation. Section 4-7 - The Commissioner of Trust Funds - This expands the Commissioners of Trust Funds to five members, one which will be appointed by the Board of Selectmen as the Chairman or one of their members, and one which will be the Treasurer/Collector. Section 4-10 - Other Committees - This strikes the Insurance Committee as being a "required" Committee. It also clarifies that the Board of Selectmen can establish and appoint standing committees, and that members of all standing committees shall reside in the Town during the term of office. It also provides that any of the elected Boards or 14 Committees can establish ad hoc committees from time to time. The terms would be no longer than 12 months. They can be extended for up to 12 months, and the 15 day waiting period would not be required prior to appointment. Article 5 - Town Manager Section 5-1 and 5-5d would be changed to make it clear that there is no contract for a term but there is an employment agreement. It also gives the Board of Selectmen the ability to establish the severance agreement not to exceed 12 months in salary (it is now not to exceed three months), and that the severance is not available if the Town Manager is terminated for cause. Article 6 - Administrative Organization The first two Sections 6-1 and 6-2 are very confusing as to what is their intent. These are substituted with a new Section 6-1 which establishes that the organization of the Town and operating departments can be accomplished through the establishment of an administrative code either by establishing a bylaw or establishment of a table of organization (which is what we currently do). It provides a process for establishing an administrative code. It continues the process that Town Meeting can only vote to approve or disapprove the administrative code but not vote to amend or alter it. It also establishes that if a majority of the Board of Selectmen amend the motion at Town Meeting, an amended motion can be considered. Article 7 - Finances and Fiscal Procedure The major change is the addition of Section 7-10 which provides that the building maintenance budgets will be voted separately by Town Meeting, and no transfers into or out of the building maintenance budget can be made without the approval of Town Meeting, or through a reserve fund transfer by the Finance Committee. Article 8 - General Provisions Section 8-7 - Adds the definition of ex officio and provides that ex officio members to a Board, Committee or Commission do not have to be sworn in again. It also puts the definitions in alphabetical order. Section 8-11 - Provides for ballot positions to be by lottery (rather than alphabetical), and that incumbents by lottery be listed ahead of non-incumbents by lottery. Section 8-12 - Clarifies a process for appointment to Boards, Committees and Commissions and eliminates the "waiting period" that appointments are not effective until 28 days after they have been posted. Article 9 - Transitional Provisions There are no substantive changes. The Board of Selectmen has considered the proposed amendments and decided to move the document as attached forward to Town Meeting for their consideration. Town Meeting will review all of the amendments Article by Article (similar to the way the budget is reviewed) and approve any or all of the amendments. Those approved at Town Meeting would appear on the ballot at the April 2005 Election. An entire copy of the Charter amendments as voted by Town Meeting will be mailed to all voters' households prior to the Election. The ballot would include a summary written by Town Counsel of what the amendments are. 15 Finance Committee Report: The Finance Committee reviewed only the revisions to Article 7 which deals with Finances. After a great deal of discussion, the Finance Committee voted 5-3-1 to recommend the subject matter of Article 7-10 of the proposed Charter amendment, dealing with the manner in which the building maintenance budgets are voted. Bylaw Committee Report: Action pending. ARTICLE 17 To see if the Town will vote to amend the General Bylaws of the Town of Reading by adding the following language as Section 5.17: The Town of Reading hereby establishes a Local Historic District, to be administered by a Historic District Commission as provided for under Massachusetts General Laws Chapter 40C, as amended. PURPOSE The purpose of this bylaw is to promote the economic, educational, cultural and general welfare of the inhabitants of the Town of Reading through: (1) the preservation and protection of the distinctive characteristics and architecture of Buildings and places significant in the history of the Town of Reading; (2) maintaining and improving of the settings of these Buildings and places; and (3) the encouragement of building design compatible with the Buildings existing in the area, so as to maintain the historic character of residences or commercial enterprises which distinguish the town as a desirable community. 2. DEFINITIONS The terms defined in this section shall be capitalized throughout this bylaw. Where a defined term has not been capitalized, it is intended that the meaning of the term be the same as the meaning ascribed to it in this section unless another meaning is clearly intended by its context. As used in this bylaw, the following terms shall have the following meaning: ALTERATION, TO ALTER The act or the fact of rebuilding, reconstruction, restoration, replication, removal, demolition, and other similar activities. BUILDING A combination of materials forming a shelter for persons, animals or property. CERTIFICATE A Certificate of Appropriateness, a Certificate of Non-Applicability, or a Certificate of Hardship as set forth in this bylaw. COMMISSION The Historic District Commission as established in this bylaw. CONSTRUCTION, TO CONSTRUCT The act or the fact of building, erecting, installing, enlarging, moving and other similar activities. 16 DISPLAY AREA The total surface area of a sign, including all lettering, wording, designs, symbols, background and frame, but not including any support Structure or bracing incidental to the sign. The Display Area of an individual letter sign or irregular shaped sign shall be the area of the smallest rectangle into which the letters or shape will fit. Where sign faces are placed back to back and face in opposite directions, the Display Area shall be defined as the area of one face of the sign. DISTRICT The Local Historic District as established in this bylaw consisting of one or more District areas. EXTERIOR ARCHITECTUAL FEATURE Such portion of the exterior of a Building or structure as is open to view from a Public Way or ways, including but not limited to architectural style and general arrangement and setting thereof, the kind and texture of exterior building materials, and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures. PERSON AGGRIEVED The applicant; an owner of adjoining property; an owner of property within the same District area; an owner of property within 100 feet of said District area; and any legal entity in which one of its purposes is the preservation of historic places, structures, buildings or Districts. PUBLIC WAY This term shall include Public Ways, public streets, public parks, and public bodies of water. The term "Public Way," however, shall not include a footpath, cart path or any easement or right of way that does not constitute a Public Way or public street. STRUCTURE A combination of materials other than a Building. TEMPORARY STRUCTURE OR BUILDING A Building not to be in existence for a period of more than two years. A Structure not to be in existence for period of more than one year. The Commission may further limit the time periods set forth herein as it deems appropriate. 3. DISTRICT The District shall consist of one or more District areas as listed in Section 13 (Appendices) of this bylaw. 4. COMMISSION COMPOSITION AND APPOINTMENTS 4.1 The District shall be overseen by a Commission consisting of five (5) members, to be appointed by the Board of Selectmen, one member initially to be appointed for one year, two for two years, and two for three years, and each successive appointment to be made for three years. 4.2 The Commission shall include, if possible, one member from one or more nominees solicited from the Reading Antiquarian Society, one member from one or more nominees solicited from the chapter of the American Institute of Architects covering Reading; one member from one or more nominees from the Board of Realtors covering Reading; one or two property owners from the District area; one member nominated by the Reading Historical Commission. If within thirty days after submission of a written request for nominees to any of the organizations herein named insufficient nominations have been made, the Board of Selectmen may proceed to make appointments as it desires. 17 4.3 The Board of Selectmen may appoint up to four alternate members to the Commission. In the case of the absence, inability to act or unwillingness to act because of self-interest on the part of a regular member of 'the Commission, his or her place shall be taken by an alternate member designated by the Chairman. Said alternate members shall initially be appointed for terms for one or two years, and for three year terms thereafter. 4.4 Each member and alternate member shall continue to serve in office after the expiration date of his or her term until a successor is duly appointed. 4.5 Meetings of the Commission shall be held at the call of the Chairman, at the- request of two members and in such other manner as the Commission shall determine in its Rules and Regulations. 4.6 Three members of the Commission shall constitute a quorum. 5. COMMISSION POWERS AND DUTIES 5.1 The Commission shall exercise its powers in administering and regulating the Construction and Alteration of any Structures or Buildings within the District as set forth under the procedures and criteria established in this bylaw. In exercising its powers and duties hereunder, the Commission shall pay due regard to the distinctive characteristics of each Building, Structure, and District area. 5.2 The Commission may adopt, and from time to time amend, reasonable Rules and Regulations not inconsistent with the provisions of this bylaw or M.G.L. Chapter 40C, setting forth such forms and procedures as it deems desirable and necessary for the regulation of its affairs and conduct of its business, including requirements for the contents and forms of applications for Certificates, fees, hearing procedures and other matters. The Commission shall file a copy of any rules and regulations with the office of the Town Clerk. 5.3 The Commission, after a public hearing duly posted and advertised at least fourteen days in advance in a conspicuous place in Town Hall and in a newspaper of general circulation in Reading, may adopt and from time to time amend Guidelines which set forth the designs and descriptions for certain exterior architectural features which are, in general, suitable for the issuance of a Certificate to present other designs to the Commission for approval. No such design guidelines shall limit the right of an applicant for a Certificate to present other designs to the Commission for approval. 5.4 The Commission shall at the beginning of each fiscal year hold an organizational meeting and elect a Chairman, a Vice Chairman and Secretary, and file notice of such election with the office of the Town Clerk. 5.5 The Commission shall follow Town operating procedures for its keeping its resolutions, transactions, decisions and determinations. 5.6 The Commission shall undertake educational efforts to explain to the public and property owners the merits and functions of a District, to the extent that time and appropriations allow. 6. ALTERATIONS AND CONSTRUCTION PROHIBITED WITHOUT A CERTIFICATE 6.1 Except as this bylaw provides, no Building or Structure or part thereof within a District shall be Constructed or Altered in any way that affects the exterior architectural features as visible from a Public Way, unless the Commission 18 shall first have issued a Certificate with respect to such Construction or Alteration. 6.2 No building permit for Construction of a Building or Structure or for Alteration of an exterior architectural feature within a District and no demolition permit or removal of a Building or Structure within a District shall be issued by the Town or any department thereof until a Certificate as required under this bylaw has been issued by the Commission. 7. PROCEDURES FOR REVIEW OF APPLICATIONS 7.1 Any person who desires to obtain a Certificate from the Commission shall file with the Commission an application for a Certificate of Appropriateness, or Non-Applicability or of Hardship, as the case may be. The application shall be accompanied by such plans, elevations, specifications, material and other information, including in the case of demolition or removal, a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application. The Commission shall determine whether said application involves any exterior architectural features which are within the jurisdiction of the Commission. 7.2 The Commission shall determine within fourteen (14) days of receiving an application for a Certificate whether said application involves any exterior architectural features which are within the jurisdiction of the Commission. 7.3 If the Commission determines that an application for a Certificate does not involve any exterior architectural features, or involves an exterior architectural feature that is not subject to review by the Commission under the provisions of this bylaw, the Commission shall forthwith issue a Certificate of Non- Applicability. 7.4 If the Commission determines that such application involves any exterior architectural feature subject to review under this bylaw, it shall hold a public hearing on the application, except as may otherwise be provided in the bylaw. The Commission shall hold such a public hearing within forty-five (45) days from the date of receiving the application. At least fourteen (14) days before said hearing, notice shall be given by posting in a conspicuous place in Town Hall and in a newspaper of general circulation in Reading. Concurrently, a copy of said public notice shall be mailed to the applicant; to the owners of all properties within 300 feet, and of other properties deemed by the Commission to be materially affected thereby, all as they appear on the most recent applicable tax list; to the Community Planning and Development Committee; to the Historical Commission; to any person filing a written request for notice of hearings, such request to be renewed yearly in December; and to such other persons as the Commission shall deem entitled to notice. The applicant is responsible for the costs of this mailing and advertising. 7.4.1 A public hearing on an application for a Certificate may be waived if the Commission determines that the exterior architectural feature involved, or its category, is so insubstantial in its effect on the District that it may be reviewed by the Commission without a public hearing. If the Commission dispenses with a public hearing on application for a Certificate notice of such application shall be given to the owners of all property within 300 feet and of other property deemed by the Commission to be materially affected thereby as 19 above provided, and ten (10) days shall elapse after the mailing of such notice before the Commission may act upon such application and after considering any responses. 7.5 Within sixty (60) days after the filing of an application for a Certificate, or within such further time as the applicant may allow in writing, the Commission shall issue a Certificate or disapproval. In the case of a disapproval of an application for a Certificate, the Commission shall set forth in writing the reasons for such disapproval. The Commission may include in its disapproval specific recommendations for changes in the applicant's proposal with respect to the appropriateness of design, arrangement, texture, material and similar features which, if made and filed with the Commission in a subsequent application would make the application acceptable to the Commission. 7.6 The concurring vote of three (3) members shall be required to issue a Certificate. 7.7 In issuing Certificates, the Commission may, as it deems appropriate, impose certain conditions and limitations, and may require architectural or plan modifications consistent with the intent and purpose of this bylaw and the Commission's Guidelines. 7.8 If the Commission determines that the Construction or Alteration for which an application for a Certificate of Appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the District, the Commission shall issue a Certificate of Appropriateness. 7.9 If the Construction or Alteration for which an application for a Certificate of Appropriateness has been filed shall be determined to. be inappropriate and therefore disapproved, or in the event of an application for a Certificate of Hardship, the Commission shall determine whether, owing to the conditions especially affecting the Building or Structure involved, but not affecting the District generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this bylaw. If the Commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof-may be made without such substantial detriment or derogation, the Commission shall issue a Certificate of Hardship. 7.10 The Commission shall send a copy of :its disapprovals and Certificates, including any conditions or limitations, to the applicant and shall file a copy of its disapprovals and Certificates, including any conditions or limitations, with the office of the Town Clerk and the Building inspector. The date of issuance of a Certificate or disapproval shall be the date of the filing of a copy of such Certificate or disapproval with the office of the Town Clerk. 7.11 If the Commission should fail to issue a Certificate or a disapproval within sixty (60) days of the filing of the application for a Certificate, or within such further time as the applicant may allow in writing, the Commission shall thereupon issue a Certificate of Hardship due to failure to act. 7.12 Each Certificate issued by the Commission shall be dated and signed by its Chairman or such other person designated by the Commission to sign such Certificates on its behalf. 7.13 A Person Aggrieved by a determination of the Commission may, within twenty (20) days of the issuance of a Certificate or disapproval, file' a written request with the Commission for a review by a person or persons of 20 competence and experience in such matters, acting as arbitrator and designated by the Boston Metropolitan Area Planning Agency. The finding of the person or persons making such review shall be filed with the Town Clerk within forty-five (45) days after the request, and shall be binding on the applicant and the Commission, unless a further appeal is sought in the Superior Court as provided in Chapter 40C, Section 12A. The filing of such further appeal shall occur within twenty (20) days after the finding of the arbitrator has been filed with the office of the Town Clerk. 8. CRITERIA FOR DETERMINATIONS 8.1 In deliberating on applications for Certificates, the Commission shall consider, among other things, the historic and architectural value and significance of the site, Building or Structure; the general design, proportions, detailing, mass, arrangement, texture, and material of the exterior architectural features involved; and the relation of such exterior architectural features to similar features of Buildings and Structure in the surrounding area. 8.2 In the case of new Construction or additions to existing Buildings or Structures, the' Commission shall consider the appropriateness of the scale, shape, siting and proportions of the Building or Structure both in relation to the land area upon which the Building or Structure is situated and in relation to Buildings and Structures in the vicinity. The Commission may in appropriate cases impose dimensional and setback requirements in addition to those required by applicable statute or bylaw. 8.3 The Commission shall not consider interior arrangement or architectural features not subject to view from a Public Way. 8.4 The Commission shall not consider uses for the Building or Structure. 8.5 When ruling on applications for Certificates on solar energy systems as defined in Section 1A of Chapter 40A, the Commission shall consider the policy of the. Commonwealth of Massachusetts to encourage the use of solar energy systems and to protect solar access. 9. EXCLUSIONS 9.1 The Commission shall exclude from its purview the following: 9.1.1 Temporary Buildings, Structures, or signs, subject, however, to conditions pertaining to the duration of existence and use, location, lighting, removal and similar matters as the Commission may reasonably specify. 9.1.2 Terraces, walks, driveways, sidewalks and similar Structures, provided that any such Structure is substantially at grade level. 9.1.3 Storm windows and doors, screen windows and doors, shutters, and window and wall air conditioners. 9.1.4 The color of exterior paint or the color of materials used on roofs. 9.1.5 Flagpoles, sculpture, mailboxes (freestanding or attached), window boxes, gutters and leaders, house numbers, and garden furniture. 9.1.6 Buildings that are less than 70 years old are exempt from review of Alterations and additions, unless the Alterations affect more than 25 percent of any fagade visible from a Public Way or unless any addition visible from a public way increase such Buildings by more than 25 percent. 9.1.7 The reconstruction, substantially similar in exterior design, of a Building, Structure, or exterior architectural feature damaged or destroyed by fire, 21 9.2 9.3 storm or other disaster, provided such reconstruction is begun within two years thereafter and carried forward with due diligence. Upon request, the Commission shall issue a Certificate of Non-Applicability with respect to Construction or Alteration in any category not subject to review by the Commission in accordance with the above provisions. Nothing in this bylaw shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within a District which does not involve a change in design, material or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any Construction or Alteration under a permit duly issued prior to the effective date of this bylaw. 10.. CATEGORICAL APPROVAL Additional Exclusions: Certain categories of exterior architectural features may be Constructed or Altered without review by the Commission, provided such Construction or Alteration do not substantially derogate the intent and purposes of the District and of G.L. c.40C. The Commission may, upon conducting a public hearing, exclude from its purview exterior architectural features, in addition to those listed in Section 9.1, which it determines do not significantly impact the purpose of the District. 11. ENFORCEMENT AND PENALTIES 11.1 The Commission shall determine whether a particular activity is in violation of this bylaw, and the Commission shall be charged with the non-criminal enforcement of this bylaw, and seeking civil enforcement under G.L. c.40C, Section 12A, after obtaining the necessary authority to do so. 11.2 The Commission may designate the Building Inspector to pursue non- criminal disposition under G.L. 40, Section 21D, under direction of the Commission. 11.3 The Commission, upon a written complaint of any resident of Reading, or owner of property within Reading, or upon its own initiative, shall institute any appropriate action or proceedings in the name of the Town of Reading to prevent, correct, restrain or abate a violation of this bylaw. In the case where the Commission is requested in writing to enforce this bylaw against any person allegedly in violation of same and the Commission declines to act, the Commission shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefore, within twenty one (21) days of receipt of such request. 11.4 Whoever violated any of the provisions of this bylaw shall be punishable for each offense by a fine to be determined by the Commission in accordance with the range of fines determined by MGL Chapter 40C. Each day during any proportion of which such violation continues to exist shall constitute a separate offense. 22 12. VALIDITY AND SEPARABILITY The provisions of this bylaw shall be deemed to be separable. If any of its provisions, sections, subsections, sentences or clauses shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder, of this bylaw shall continue to be in full force and effect. 13. APPENDICES Appendix 2: West Street Local Historic District The West Street Local Historic District shall be a District area under this bylaw. The location and boundaries of the West Street Local Historic District are defined and shown on the Local Historic District Map of the Town of Reading, which is part of this bylaw and shown as exhibit of district boundaries dated August 16, 2004. The delineation of the District area boundaries is based on the parcel boundaries then in existence and shown therein, or take any other action with respect thereto. Ad hoc West Street Historic District Study Committee Background: This Article is the result of work done by the ad hoc West Street Historic District Study Committee, appointed by the Board of Selectmen in May 2003. The proposed bylaw establishes the basis for a Local Historic District to be administered by an Historic District Commission as provided for under Massachusetts General Laws, Chapter 40C. Adoption of the bylaw creates a Local Historic District along a portion of West Street. The Study Committee drafted the bylaw to protect the street's historic character while mindful of a homeowner's need to have fair and reasonable review procedures in place. Only alterations to exterior architectural features as visible from a public way are subject to review under set guidelines. Within the bylaw is a listing of features excluded from review such as ordinary maintenance and repair, paint colors, landscaping, etc. Massachusetts now has more than 200 Local Historic Districts in more than 100 communities. A district on West Street would honor its history as the site of the first settlement in modern Reading and the place where the Reading militia gathered for the 1775 Battle of Lexington. In addition, the proposed District represents a range of architectural styles spanning 250 years. Some older West Street homes are being lost or under threat from new housing developments, such as Archstone, Longwood and InWood. A District would help stabilize this historic streetscape and enhance neighborhood character through pride in ownership. (See Appendix 5.) Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommended the subject matter of this Article by a vote of 4-0-0. 23 ARTICLE 18 To see if the Town will vote to amend the Zoning By-Laws of the Town of Reading by adding the following language to Section 4.3.3: 4.3.3.12.4 Waivelo€-Btte-Rlan he Community Development and Planning Commission shall waive with or without conditions the requirement for site plan review for the following reasons: a. The construction, expansion or alteration only involves the interior renovation of an existing space and the proposed changes will not result in an adverse impact in the areas described in Section 4.3.3.5. or 4.3.3.6. b. The proposed change in use is in the same use category and will not result in an adverse impact in the areas described in Section 4.3.3.5. or 4.3.3.6. C. The property has undergone site plan review and approval within the past five years and the proposed changes will not result in an adverse impact in the areas described in Section 4.3.3.5 or 4.3.3.6. If the Community Planning and Development Commission does not act within 30 days of receiving a complete waiver request, the waiver shall be deemed granted, or take any other action with respect thereto. Community Planning and Development Commission Background: Article 18 proposes to allow the CPDC to waive the permitting requirements of Zoning By-Laws Section 4.3.3 - Site Plan Review, in full or with conditions, based on criteria that limit the circumstances under which the waiver can be requested and granted. Specifically, the waiver could be requested where there is only interior renovation, no change of use, and site plan review approval was granted in the previous five years. Upon application, the determination by CPDC to grant the waiver would be made at a regular meeting, with no public hearing requirement, and would be subject to a finding of no detrimental impact to Sections 4.3.3.5 and 4.3.3.6, subject to conditions. The waiver provision was included in the Site Plan Review bylaw prior to 2001, when a model site plan review bylaw that didn't incorporate a waiver provision was adopted by Town Meeting. The waivers would alleviate the regulatory burden in limited situations where small businesses in particular have objected to the expense, practical constraints and administrative requirements of Section 4.3.3, without undermining the intent of the bylaw to review and condition appropriate site planning and redevelopment. Finance Committee Report: No report. Bylaw Committee Report: Action pending. CPDC Report: Pursuant to Chapter 40A of the Massachusetts General Laws, legal notice of a public hearing on Articles 18 and 19 was posted in Town Hall on September 17, 2004 and advertised in the Reading Chronicle on September 20, 2004 and September 27, 2004. The public hearing was held in the Selectmen's Meeting Room at 7:30 p.m. on October 4, 2004. All CPDC Members and the Town Planner were in attendance. There was no public input. CPDC recommends the subject matter of this Article by a vote of 5-0-0. 24 ARTICLE 19 To see if the Town will vote to amend the Zoning By-Laws of the Town of Reading by adding the following language to Section 4.3.3: N~3 IZ•Z The CDC may waive the requirements of 6.1.1.3 as to the number of loading zone spaces, provided there is no adverse impact in the areas described in Section 4.3.3.6., or take any other action with respect thereto. Community Planning and Development Commission Background: The Loading zone waiver would allow the CPDC to grant relief as appropriate from the Zoning By-Laws Loading zone requirements where CPDC determines there is no detrimental impact to the intent of the Site Plan Review bylaw and Sections 4.3.35 and 4.3.36 inclusive. The waiver would alleviate the regulatory burden in limited situations where small businesses in particular have objected to the expense, practical constraints and administrative requirements of Section 4.3.3, without undermining the intent of the bylaw to review and condition appropriate site planning and redevelopment. Finance Committee Report: No report. Bylaw Committee Report: Action pending. CPDC Report: CPDC recommends the subject matter of this Article by a vote of 5-0-0. 25 and you are directed to serve this Warrant by posting an attested copy thereof iri at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November. 8, 2004, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 21St day of September, 2004. Richard W. Schubert, Chairman Camille W. ~AnthonyVice Chairman C Gail F. Wood, Secretary ~J~- Joseph G. Duffy G ge V. roes Alan W. Ulrich, Cons a le SELECTMEN OF READING 26. APPENDIX I 'd'own of Reading ARTICLE I Annual 'own Meeting November S, 2004 Reading Municipal Light Department Report on Power Supply, Cleaner Energy, Alternative Energy Sources, and Consumer Conservation Efforts 27 OP RFgO'N Town of Reading 16 Lowell Street Reading, MA 01867-2685 w Oj639.1NCORQ~4P~ FAX: (781) 942-9070 TOWN CLERK Website: www.ci.reading.ma.us (781) 942-9050 ANNUAL TOWN MEETING May 6, 2004 ARTICLE 3 - On motion by Mary Ellen O'Neill, Precinct 6, it was moved that Town Meeting ask the RMLD to present a report to this body at its next meeting which will describe in detail the sources of our power supply, what options for cleaner energy are available, and how RMLD can move to increase its percentage of alternative energy sources. RMLD is also requested to report briefly on its consumer conservation efforts. Motion carried. A true copy. Attest: Chery/.JoEhnson Town C 28 r Table 1 Reading Municipal Light Department Power Supply Resources BASE ENTITLEMENTS 32.2% MILLSTONE (Nuclear) 4,599 SEABROOK (Nuclear) 7,305 HYDRO QUEBEC (Hydro) 8,446 SELECT (System Power) 12,000 CALPINE (Energy Only) 16,400 NYPA FIRM (Hydro) 3,295 SUBTOTAL 52,045 INTERMED. ENTITLEMENTS 51.7% STONY BROOK (Oil/Gas) 41,345 SELECT (System Power) 18,000 CALPINE (Energy Only) 24,200 SUBTOTAL 83,545 PEAKING ENTITLEMENTS 16.1% STONY BROOK (Oil) 25,371 NYPA PEAKING (Hydro) 701 SUBTOTAL 26,072 TOTAL 161,662 29 ~ CL Sr 0 qi..~ W E C ~ m ® ,AW s® 'L J V l.~s s® ys~ G~iy L it W O O O N O le L 3 >1 E CL O E 0 ~ • L iJ ~ L Cl) U. W 30 L GREEN POWER RESOURCES SOLAR POWER Solar cells that convert sunlight directly into electricity has revitalized the idea of solar energy as a clean and free source of energy in sunny climates such as California and Arizona. WIND POWER Wind Power is an environmentally friendly source of energy with wind farms in operation in the U.S. BIOMASS Biomass is a source of energy derived from the combustion of materials such as plants and natural waste. GEOTHERMAL ENERGY Geothermal energy is power generated through the use of high temperature steam found in the earth's crust. Areas of the world with active geysers have an abundant source of potential energy. LANDFILL GAS Electricity generated using gases collected from sanitary or non-hazardous landfills. TIDAL AND WAVE POWER Tidal and Wave Power operates by building a barrier across a river estuary. The tidal flow drives the turbines to produce electricity. HYDRO POWER UNITS There are three types of Hydro Power plants; Run of the river, Controlled spill and Pump storage. All three types of units operate using moving water to turn turbines that produces electricity. FUEL CELLS Fuel cells are electrochemical engines that use a supply of fuel and air to generate electric power. Energy generated from fuel cells can be considered "green power" because the fuel cell electrochemically retrieves the fuel and air, in a clean, quiet and efficient manner. Fuel cells can utilize natural gas, methanol, ethanol, biogas, and any other fuel that contains methane. 31 GREEN POWER RATE ® Advertise the Rate. Find out the Customer Interest? What types of Green Power is popular? Green Power Premium ® RMLD develops the Green Power Rate. Surcharge component ® Board of Commissioners set the rate File the rate with the Massachusetts Department of Telecommunications and Energy (MDTE) ® Send out RFP's to "green power" vendors or suppliers. Need to define the market • Analyze the Bids Determine the most economic alternative(s) 32 RMLD Energy Conservation Efforts • Residential Energy Audits Tier 1 and Tier 2 Activities (MDOER) River Energy Consultants • Appliance Rebate Program Customers receive rebates for buying energy efficient appliances (dishwashers, washing machines, refrigerators, and room and central air conditioners). • Water Heater Rate Customer receives lower energy rate and RMLD controls the water heater usage daily • Residential Time of Use Rate Lower energy prices for off-peak energy usage • Industrial Time of Use Rate Lower demand and energy prices for off peak usage • Commercial Energy Audits RMLD shares the cost of the audits with the customer 33 APPENDIX J ~ 1 O 0 1 O O rO1ON f- O 1 m co hmtn(D I h (7 N rN00 In 1 0) CO r 0) U) 1 0 1 h r (9It 0N I tO 1 r r r r 1 T 1 1 } 1 i LL 1 i 1 1 1 1 1 1 m 1 N O O O r 0 } 1 • i U. 1 m o U) N N 1 (D ~t o o N N 0 m h N mm to N 1 1 1 N 1 r 1 N o 0 00 I N } 1 . . 1 U. 1 O d r CD m O m m (D r LO CO h N U) It T N 1 r r N o 0 o N } U. 1 m o m h 1 co o m t0 1 (0 OD (D m co N 1 1 N 1 1 .1 h It o N m co O r LL 1 D) O (D r I h i- S O h 0) r U) M F (L N h d M07 0) W r Wt-S :)z0 SWO 0) 1 Q W m } 1 (D O 0 0 1 O V) > S U_ 1 (D r o r O V) O 1- 1 0) 0) N (D 1 (D Q m (D M (1) N 1 m S (L U) r rL o H O Z N OD 1 H J O O W o o I 1. 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U'csa 0HHQ O J2 Z m O N ZQ H=JD H ~Ja Ha XCW}H~- F- ,=a v) H= ~HQ a zHW > H cc C: J W `.GaYJWEU it zzz it WQF- >%OzcO(7 QWWo00 U ?3(4 ZW»a(O CC W J~(AHHH M QOWH L0F-F-WX(L QZt-I-I- W :==3 - nzHWC:O»> N W NQWJC:(3' OMMM V O.U U) a HHH D: O 3 Q M , • , O C: cc C: F- ~zZZWG.YJL W F- F- C C: HHHF- E.0 a OaaaaaF'MMM W Q O rl W F- f- F- F- F- Q H H H F- ~ 3Ua¢lA3333330~0 3 , , , NNNNrCS'N(DNd'(Dd00NMd'N J F-~OOOOrrrrNNNNMMMMM Q U~ooooo00000000000o F- 0 733333333333333333 F- 0 , cL 33333333333333333 w a~aaaaaaaaaaaaaaaaa M I ARTICLE 3 CO ~h CO O \ N , , ; , V7 ~ M N ,N , N CO r ~N ,N ,n M N N ~ N n CO M , M ~h ;M N ,h ~h ,N ~M ,h , r , fD ,r r , fD ,N ,M ,h ~N N M.I J cc Q W } 39 APPENDIX 3A NOVEMBER 8, 2004 SUBSEQUENT TOWN MEETING ARTICLE 8 woo 1E ~ W I 0 I 10 x y ~ I ~ Legend L -j Town Boundary Parcels Roads Buildings Paved Sidewalks Unpaved O UN Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 45 90 180 F 40 Legend qe.®Oej Town Boundary Roads Paved Unpaved 0 Parcels Sidewalks Streams open water Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 185 370 740 Ft 41 APPENDIX 3B APPENDIX 3B NOVEMBER 8, 2004 SUBSEQUENT TOWN MEETING ARTICLE 9 / \ 1 CIRCLE I J \ / • The Crossing at _J r Walkers Brook LLI \ \ oq % i I Fp9 J ,z `,t, ,PO '0, ho2~~' it T/ \ '=tea Legend j j Town Boundary 0 Parcels Roads -I-+ Railroad Paved - Streams Unpaved Open water 42 Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 212.5 425 850 Ft APPENDIX 3B NOVEMBER 8, 2004 SUBSEQUENT TOWN MEETING ARTICLE 9 li /may` - ; Qa M1 © Mpg i 20 STRE F®R I Maplewood Village ' w . Approx. i: y- - Trail IE Location raj o (/,~~~n'~.y, ~ `\y, ~T~~ ~ 'Y A~A\• `C'YO r~ ~ r Legend Town Boundary 0 Parcels Streams Roads Buildings Open water Paved - - Proposed Trail Unpaved Railroad 43 Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 150 300 600 Ft i a APPENDIX 31 1 NOVEMBER 8, 2004 SUBSEQUENT TOWN MEETING ARTICLE 9 00 - rchst e \ \ ``cc -i p S~ER~00 . - , Legend j Town Boundary 0 Parcels Roads Streams Paved Open water Unpaved 44 Map by: Town of Reading Map date: 10115/04 Data are for planning purposes only. 0 165 330 660 Ft Legend 1.. A Town Boundary Roads Paved unpaved -t-+ Railroad Streams Water Line 45 Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 275 550 1100 Ft APPENDIX 3D NOVEMBER 8, 2004 SUBSEQUENT-TOWN MEETING ARTICLE 12 ,Y LN ELDEFtBE O W _ co Q co v ~Z 07 W Z ST U FRpNKLtN o o v~ z F~~kG/N co S TRFFT a ~ w NELSON AVE Water Line J LY Q v_ z a ~.F4Sr WqY ~t 0 rf z Legend L._ j Town Boundary Streams Roads Open water Paved - - Water Line Unpaved Map by: Town of Reading Map date: 10115/04 Data are for planning purposes only. 0 162.5 325 650 Ft 46 Legend ~••_•°i Town Boundary Roads Paved Unpaved 0 Parcels ~^r Streams Open water Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 115 230 460 Ft 47 APPENDIX 3E APPENDIX 4 A IG ' TT E CS9RTE7HOME Preamble We, the people of Reading, in order to re-establish our' individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent in the Home Rule Amendment to the Constitution of the Commonwealth, do hereby adopt the following Home Rule Charter for the Town of Reading. Article 1 EXISTENCE AND AUTHORITY Section 1-1: Incorporation The inhabitants of the Town of Reading, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "Town of Reading." Section 1-2: Short Title This instrument shall be known and may be cited as the Reading Home Rule Charter. Section 1-3: Division of Powers The administration of all the fiscal, prudential and municipal affairs of the Town shall be vested in an executive branch headed by a Board of Selectmen and a Town Manager. All legislative powers of the Town shall be exercised by a representative Town Meeting. Section 14: Powers of the Town, Intent of the Voters It is the intent and the purpose of the voters of the Town of Reading, through the adoption of this Charter, to secure for the Town all of the powers possible to secure under the Constitution and statutes of the Commonwealth, as fully and as completely as though each such power were specifically and individually enumerated herein. Section 1-5: Interpretation of Powers, The powers of the Town under the Charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as stated in Section 1-4. Section 1-6: Intergovernmental Relations The Town may enter into agreements with any other unit of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions. Reading Home Rule Charter 1 With all revisions through June, 2003 Article 2 REPRESENTATIVE TOWN MEETING Section 24: Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety-two (192) members from eight (8) precincts who shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the Town. Each precinct shall be equally represented in Town Meetings by members so elected that the term of office of one-third of the members shall expire each year. Section 2-2: Realignment of Precincts When required by law or every ten (10) years, the Selectmen shall review and, if necessary, redivide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be continuous and as compact as possible. The territory of each precinct shall be defined as near as possible by the center line of known streets or other well-defined limits. Within ten (10) days of any precinct. revision, the Selectmen shall file a report on the revisions with the Town Clerk, the Registrars of Voters and the Assessors. The report shall include a map(s) and a list of the inhabitants' names and addresses. The Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. The revision shall be effective on the date it is filed with the Town Clerk, and the Clerk shall notify the Secretary of State of the revision in writing. Any townwide election shall be held at the same time in- for each precinct at a the I place or places designated by the Selectmen. Section 2-3: Town Meeting Membership The registered voters in every precinct shall elect Town Meeting Members in accordance with all applicable election laws. Whenever any precincts are revised, the registered voters shall elect twenty-four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the next eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. In the event of a tie, ballot position shall' determine the order of finish. At each Annual Election thereafter, the registered voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant terms. Reading Home Rule Charter 2 With all revisions through June, 2003 After the revision of precincts, the term of office of all Town Meeting Members from the revised precincts shall cease upon the election of their successors. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election by mail. In the event of a tie write-in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining Town Meeting Members of the precinct, from the write-in candidates whose write-in votes were tied. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice of the meeting to' precinct Town Meeting Members at least seven (7) days in advance; and shall publish legal notice in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the entire remainder of the term. [Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 20021 Section 24: Town Meeting Sessions Any All representative Town Meeting sessions held under the provisions of this Charter shall be limited to the Town Meeting Members elected under Section 2-3, together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting Members of the time and place at which representative Town Meetings sessions are to beheld, the notices to be sent by mail at least seven (7) days before the meeting. The Town Meeting Members shall be the judges of the election and qualification of their members. A majority of the Town.Meeting Members shall constitute a quorum for doing business. However, a smaller number may organize temporarily and may adjourn from time to time, but no Town Meeting shall adjourn over the date of an election of Town Meeting Members. All Town Meetings sessions shall be public. Section 2-5: Nomination Procedures Nomination of candidates for Town Meeting Member to be elected under this Charter shall only be made by nomination papers bearing no political designation, and signed by not less than ten (10) registered voters from the candidate's precinct. Nomination papers must be filed with the Town Clerk at least twenty-eight (28) days before the election and must be signed by the candidate to be valid.. Section 2-6: Vacancies A Town Meeting Member may resign by filing a written notice with the Town Clerk which shall take effect on the date filed. A Town Meeting Member who moves from the Town shall cease to be a Town Meeting Member. A Town Meeting Member who moves from the precinct from which he was elected to another precinct, may &Wl serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to take his oath of office within thirty (30) days following his notice of election, or fails to attend one-half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of Town Meeting. Reading Home Rule Charter 3 With all revisions through June, 2003 The Selectmen shall place an Article in the Annual Spry-Town Meeting Warrant to remove any such person. The Town Clerk must notify any such person that he may be removed under this section at least sever' (7) days in advance of the Annual Spding-Town Meeting. Notice-shall be mailed to his last known address. In the event of a tie write-in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining members of the precinct from the write-in candidates whose write-in votes were tied. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice to precinct Town Meeting members at least 7 days in advance of the meeting, and shall also publish notice of the meeting in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the remainder of the term (Chapter 57 of the Acts of 2002) Any vacancy of a Town Meeting seat-position may be filled until the next Annual Town Election by'a vote of the remaining members of the precinct. The balance of any unexpired term shall be filled at the next Annual Town Election. The Town Clerk shall give notice of any vacancy to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of temporarily filling any vacancies. The Town Clerk shall give notice of the meeting to precinct Town. Meeting Members at least seven (7) days in advance, and shall publish ( ( . legal notice in a community newspaper of general circulation. \ At any precinct meeting, a majority shall constitute a quorum. A majority of votes cast at precinct meetings shall be sufficient to fill vacancies, elect a Chairman and a Clerk or conduct any order of business. The Chairman and Precinct Clerk shall certify any election of the precinct and transmit written acceptance of any person elected Town Meeting Member to the Town Clerk. Section 2-7: Compensation Town Meeting Members shall serve without compensation. Section 2-8: Presiding Officer A Moderator, chosen, in accordance with the provisions of Article 3, Section 3-7, shall preside. at all sessions of Town Meeting. The Moderator shall regulate the proceedings of all Town Meetings sessions, decide all questions of order and make public declaration of all votes. He may, i epen-meeting,-administer the oath of office to any Town Officer and to Town Meeting members. He shall perform other functions as provided by Charter, bylaw, Town Meeting vote or State law. In the absence of the Moderator, Town Meeting shall elect a temporary Moderator. Section 2-9: Clerk of the Meeting The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the Town Clerk shall designate a substitute; otherwise, the Reading Home Rule Charter 4 With all revisions through June, 2003 Moderator shall appoint a Clerk pro tempore. The Clerk shall give notice of all meetings to the Members and to the public, keep the journal of its proceedings, and perform such other functions as may be provided by the Charter, by statute, by bylaw, or by Town Meeting vote. Section 2-10: General Powers and Duties All legislative powers of the Town shall be vested in the representative Town Meeting except as otherwise provided by law or the Charter. The Town Meeting shall provide for the exercise of all corporate powers of the Town and for the performance of all duties and obligations of the Town. Section 2-11: Participation by Non-Town Meeting Members Subject to conditions that may be determined from time to time by Town Meeting Members, any inhabita t of the person who is not a Town Meeting Member may be allowed to speak at any representative Town Meeting but shall not vote. At the request of the Moderator or Town Meeting, any Town Officer or Department Head shall be present at any session of Town Meeting for the purpose of responding to questions of Town Meeting Members. Section 2-12: Establishment of Standing Committees The Town Meeting may from time to time, by bylaw, establish standing committees to which shall be referred Warrant Articles for study, review and report in advance of the sessions of the Town Meeting. In establishing standing committees, Town Meeting shall also provide for the method of appointment of members. The method of appointment shall be by an existing multiple-member body or shall be by a multiple-member appointment committee established for that purpose. [Amended November 19, 2001 (Article 12)] Finance Committee There shall be a Finance Committee consisting of nine (9) voters of the Town, appointed for three year staggered terms so arranged that three (3) terms expire each year. No member of the Finance Committee shall be an elected or appointed Town Officer or an employee of the Town. A member of the Finance Committee may be an elected Town Meeting Member but shall serve on no other standing committee. T4w-Finance Committee members shall be appointed by an Appointment uCommittee chaired by the Moderator, consisting of the Moderator who shall have one vote, the Chairman of the Board of Selectmen who shall have one vote, and the Chairman of the Finance Committee who shall have one vote., eha r°a by the Moderator. The terms of Finance Committee Members shall expire on the first day of July. No Finance Committee Member shall serve for more than three (3) consecutive terms. Any vacancy on the committee shall be filled by the Appointment Committee. The Finance Committee shall have all the powers and duties granted to Finance Committees under the Llaws of the Commonwealth, Town bylaws, Town Meeting vote Reading Home Rule Charter 5 With all revisions through June, 2003 and other applicable laws. In addition to these powers, the Finance Committee shall have the power to investigate the books, accounts, records and management of any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance Committee shall report its findings, approval or disapproval on all A~ whiehArticles that involve the expenditure of funds in the Warrant in writing at least I seven (7) days before Town Meeting. Such a report shall not preclude further action or reconsideration'by the Finance Committee. . Committee on Bylaws There shall be a Bylaw Committee consisting of five (5) voters of the Town, appointed for three (3) year staggered terms by the Moderator. The Bylaw Committee shall propose and consider changes in the bylaws or Charter, and petitions for a special act, or local acceptance of a State Statute which is subject to Town Meeting acceptance, and shall report its findings on all such Articles in the Warrant in writing at least seven (7) days before Town Meeting. Such a report shall not preclude further action or reconsideration by the Bylaw Committee. Bylaw Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one vote, the Chairman of the Board of Selectmen who shall have one vote, and the Chairman of the Bylaw Committee who shall have one vote,. The terms of Bylaw Committee Members shall expire on the first day of July. Any vacancy on the committee shall be filled by the Appointment Committee. Rules Committee There shall be a Rules Committee, chaired by the Town Moderator who shall be a non-voting member, consisting of the Precinct Chairmaen, which shall review all aspects of the operation of Town Meeting, and make an Annual Report in writing to Town Meeting setting forth its findings, recommendations, and proposals for rules governing the conduct of Town Meeting. Section 2-13: Warrant Articles Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on Warrants issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants all subjects requested by: (a) any two or more Selectmen; (b) any elected or appointed Town board; (c) any ten (10) or more voters for the Annual or Subsequent -Town Meeting-or(d) any one hundred (100) or more voters for a Special Town Meeting and (de) any other person or agency as may be authorized by bylaw or otherwise. All subjects submitted to the Board of Selectmen under this section shall be placed on a Warrant for the next Town Meeting, regular or special. Promptly following receipt by the Board of Selectmen of any such subject for a Town Meeting Warrant Article, a copy of the Article shall be posted on the Town Bulletin Board and otherwise distributed as may be provided by bylaw. Additional copies shall be kept available for distribution by the Town Clerk. Reading Home Rule Charter . 6 With all revisions through June, 2003 Section 2-14: Meetings The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held during the first six calendar months at a time fixed by bylaw, and shall be primarily concerned with the determination of matters that have a fiscal effect on the Town including, but not limited to, the adoption of an annual operating budget for all Town agencies. A Subsequent Town Meeting shall be held during the last three calendar months at a time fixed by bylaw. In addition to the two meetings required by this section, the Board of Selectmen may in any manner provided under the General Laws of the Commonwealth or the Charter, for the purpose of acting upon the legislative business of the Town in an orderly and expeditious manner, call the Town Meeting into session at other times by the issuance of a Warrant. Section 2-15: Referendum Procedures - No final affirmative vote of a Town Meeting on any Warrant Article shall be operative until after the expiration of seven (7) days following the dissolution of the Town Meeting except the following: (a) a vote to adjourn or dissolve; (b) votes appropriating money for the payment of notes or, bonds of the Town and interest becoming due within the then current fiscal year; (c) votes for the temporary borrowing of money in anticipation of revenue or; (d) a vote declared by preamble by a two-thirds vote of Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town., If a referendum petition is not filed within the said seven (7) days, the votes of the Town Meeting shall then become operative. If, within said seven (7) days, a petition signed by not less than three (3) percent of the voters certified by the Registrars of Voters, containing their names and addresses, is filed with the Board of Selectmen requesting that any question be submitted to the voters, then the operation of such vote shall be further suspended pending its determination as provided below. The Board of Selectmen shall, within ten (10) days after the filing of such petition, call a Special Election that shall be held within thirty (30) days or such longer period as may be required by law after issuing the call, for the purpose of presenting to the voters any such question. If, however, a regular or special election is to be held not more than sixty (60) days following the date the petition is filed, the Board of Selectmen may provide that any such question be presented to the'voters at that election. Any question so submitted shall be determined by a majority vote of the voters voting in said election, but no action of the Town Meeting shall be reversed unless at least twenty percent (20%) of the eligible voters vote in such election. Each question so submitted shall be in the form of the following question which shall be placed on the official ballot: - "shall the Town vote to approve the action of the representative Town Meeting whereby it was voted (brief description of the substance of the vote in substantially the same language and form in which it was stated when presented by the Moderator to the Town Meeting, as appears in the records of the Clerk of the meeting)"? Reading Home Rule Charter 7 With all revisions through June, 2003 Article 3 ELECTED OFFICERS AND BOARDS Section 3-1: General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Board of Assessors, Board of Library Trustees, Municipal Light Board, Moderator, Vocational School Representative and such members of regional authorities or districts as may be established by statute, interlocal agreement or otherwise. Only a registered voter of the Town shall be eligible to hold any elective Ttown office, but no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. Elected Town Officers shall receive no compensation unless specifically voted by Town Meeting. Notwithstanding their election by the voters, the Town Officers named in this Article shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. Section 3-2: Board of Selectmen There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. To administer its policies and aid the Board in its official duties, the Board of Selectmen shall appoint a Town Manager, as provided in Article 5. Without limiting the foregoing, the Selectmen shall have all of the powers and duties of the present Personnel Board and such Board is hereby abolished. The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town Accountant, not more than five (5) Constables, members of the Recreation Committee, Council on Aging, Cemetery Trustees, Housing Authority, Community Planning and Development Commission, Board of Health, Conservation Commission and Board of Appeals, and any other appointed multiple-member bodies for whom no other method of selection is provided by the Charter or by bylaw. The Board of Selectmen shall be the Licensing Board of the Town and shall have the power to issue licenses,, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it Reading Home Rule Charter 8 With all revisions through June, 2003 deems to be in the public interest, and to enforce the laws relating to all businesses. for which it issues licenses. Section 3-3: School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The School Committee shall have all of the powers and duties School Committees are given under the Constitution and General Laws of the Commonwealth and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. The powers of the School Committee shall include, but need not be limited to, the following: (a) The School Committee shall appoint a Superintendent of Schools and all other offleers and emp! * tted with the schools, fix their his compensation, define their his duties, make rules concerning #:hek his tenure of office and may discharge them him. (b) The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. Section 34: Board of Library Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have control over the selection of Library materials, and shall have custody and management of the Library and of all property of the Town related thereto, except that the Town Manager shall have responsibility for the maintenance of the Library building and grounds. All money or property that the Town may receive on behalf of the Library by gift or bequest shall be administered by the Board in accordance with the provisions of such gift or bequest. The Board shall have all of the powers and duties given to Boards of Library Trustees- under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. Section 3-5: Municipal Light Board There shall be a Municipal Light Board consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board shall have charge of all the real estate, facilities, personnel and equipment of the Town pertaining to the production and transmission of electrical power, both within the Town and elsewhere. Reading Home Rule Charter 9 With all revisions through June, 2003 The Municipal Light Board shall have all the powers and duties given to cities and towns in respect to municipal lighting plants under G.L., Gc. 164, s. 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by this Charter, by bylaw, or by other Town Meeting vote. The Municipal Light Board shall hire the General Manager of the Reading Municipal Light Department and set his compensation; the General Manager shall serve at the pleasure of the Board and may be removed by vote of a majority of the entire Board after notice and hearing. The Municipal Light Board shall appoint the Accounting Manager or Chief Accountant of the Reading Municipal Light Department; and appoint counsel to the Reading Municipal Light Department. The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager. The Municipal Light Board shall approve warrants for payments of all bills and payroll of the Municipal Light Department; and shall approve all contracts which are at or above the competitive sealed bid procedures level as stated in M.G.L. c. 30B, Section 5. -and, further, all contracts shall be made in accordance with M.G.L. c.30B. Contracts for purchasing of power shall not be subject to M.G.L. c.30B but shall be approved by the Municipal Light Board. The Municipal Light Board shall employ the Auditor appointed by the Town of Reading Audit Committee. The Municipal Light Board shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board. After the Municipal Light Board has approved an annual operating budget and Capital Improvements Program, it will present them to the Reading Finance Committee and Reading Town Meeting. 'Upon request of any of the other towns served by the Reading Municipal Light Department, the Municipal Light Board shall make a presentation to the Finance Committee and/or Town Meeting of any such town (s).' [Amended April 28, 2003 (Article 7)] Section 3-6: Board of Assessors There shall be a Board of Assessors consisting of three (3) members elected for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Assessors may appoint property appraisers and shall have all the powers and duties given to Boards of Assessors by the Law of the Commonwealth not inconsistent with this Charter. [Amended November 30,1989 (Article 36) and approved by vote of the Town on March 19,19901 Section 3-7: Moderator There shall be a Moderator elected for a one (1) year term. The Moderator, as provided in Article 2, Section 2-8, shall be an ex officio representative Town Meeting Reading Home Rule Charter 10 With all revisions through June, 2003 r, Member and shall preside and regulate the proceedings at all sessions of the Town Meeting. He shall have all of the powers and duties given to Moderators under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. The Town Moderator shall not simultaneously serve as an elected Town Meeting Member or in any other elected municipal office in the Town. Article 4 APPOINTED BOARDS AND COMMITTEES Section 4-1: Community Planning and Development Commission There shall be a Community Planning and Development Commission consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The Community Planning and Development Commission shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town. The Community Planning and Development Commission shall annually-report annually to the Town giving information regarding the physical condition of the Town, and any plans or proposals known to it affecting the resources, physical development and needs of the Town. The Community Planning and Development Commission shall have the power to regulate the subdivision of land within the Town by the adoption of Rules and Regulations governing such development. The Community Planning and Development Commission shall have all of the powers and duties given to Planning Boards, Boards of Survey and Industrial Development Commissions under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. Section 4-2: Board of Health There shall be a Board of Health consisting of three (3) members appointed by the Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Health shall be responsible for the formulation and enforcement of rules and regulations affecting the public health. It shall have all of the powers and duties given to Boards of Health under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. Section 4-3: Housing Authority There shall be a Housing Authority consisting. of five (5) members. Four (4) members shall be appointed by the Selectmen, the fifth (5th) member shall be a resident of the Town, appointed by the Commonwealth or as otherwise provided by law. Housing Authority Members shall serve for five (5) year terms so arranged that one (1) term shall expire each year. Reading Home Rule Charter 11 With all revisions through June, 2003 The Housing Authority shall have all of the powers and duties given to housing authorities under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by bylaw, or by other Town Meeting vote. Section 4-4: Board of Appeals There shall be a Board of Appeals consisting of twee-(3)- five (5) members and thre& 3)- two (2) associate members appointed by the Board of Selectmen for three (3) year terms so arranged that the term of one inember and one associate member sh expire eaeb year-. arranged that as nearly an equal number of terms as possible shall expire each year The Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Constitution and General Laws of the Commonwealth; and such additional powers and duties as may be authorized by the Charter, by bylaw, or by Town Meeting vote. Section 4-5: Cemetery Trustees There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by the Selectmen for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Cemetery Trustees shall be responsible for the preservation, care, improvement and embellishment of the Town's cemeteries and burial lots therein and such other powers and duties given to the Board of Cemetery Trustees under the Constitution and General Laws of the Commonwealth, by the Charter, by bylaw, or by Town Meeting vote. Section 4-6: Council on Agin There shall be a Council on Aging consisting of ten (10) members appointed by the Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Council on Aging shall have all the powers and duties given to Councils on Aging by the General Laws, by the Charter, by bylaw, or by Town Meeting vote. Section 4-7: Commissioners of Trust Funds There shall be a Commissioners of Trust Funds consisting of three -(3)- five (5) members. Three (3) shall be appointed by the Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one of their members to serve as a full voting member ex officio, and the Town Treasurer/Collector shall serve as a full voting member ex officio. The Commissioners of Trust Funds shall have all the powers and duties given to them by the Selectmen. Section 4-8: Conservation Commission Reading Home Rule Charter 12 With all revisions through June, 2003 ~9 There shall be a Conservation Commission consisting of seven (7) members appointed by the Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Conservation Commission shall have all the powers and duties given to Conservation Commissions by the General Laws, by the Charter, by bylaw, or by Town Meeting vote. Section 4-9: Recreation Committee There shall be a Recreation Committee consisting of nine (9) members, eight (8) appointed by the Board of Selectmen, and one (1) appointed by the School Committee for three (3) year terms so arranged that three (3) terms shall expire each year. The Recreation Committee shall be responsible for the evaluation of program activities, formulation of overall plans for the program development, and for the scheduling of Town parks and the field house when not in use by the School Department. It shall also have all the powers and duties given to Recreation Committees by the Charter, by bylaw, or by Town Meeting vote. Section 4-10: Other Committees The Selectmen shall appoint the following committees and determine the number of members and their term of appointment, not to exceed three (3) years: (a) Land- Bank Committee (b) Town Forest Committee (e) Insur nee Committee (dc) Historical Commission The Seieetmen may appoint advisory eommittees as they deem appropriate for a specific purpose and a definite term of ex4stenee. The Board of Selectmen may establish and appoint standing advisory committees from time to time for a specific purpose. Such committees shall be considered a "multiple-member body" as defined in the charter, shall be appointed in accordance with the process : detailed in section 8-12., and members shall physically reside in the Town of Reading at the time of their appointment and during their term of office. Any of the elected boards or committees as listed in Article 3 of the Charter may, from time to time, establish and appoint ad hoc committees which shall serve no longer than 12 months. The term may be extended one time only for up to an additional 12 months. Each ad hoc committee shall be considered a "multiple- member body" as defined in the Charter, and shall be bound by all laws of the Commonwealth of Massachusetts but shall not be required to meet the requirements of Section 8-12 of the Reading Home Rule Charter as to the appointment process. Article 5 TOWN MANAGER Reading Home Rule Charter 13 With all revisions through June, 2003 Section 5-1: Appointment. Qualifications. Term The Board of Selectmen shall appoint a Town Manager without term and fix his compensation within the amount annually appropriated for.that purpose. The Offlee o€ Town Manager shall not be subject to a personnel bylaw, if any. The Town Manager shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full-time paid experience as a City or Town Manager or Assistant City or Town Manager; or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written agreement setting forth his compensation, vacation, sick leave, benefits, and such other matters (excluding tenure) as are customarily included in an employment eontrae not a„~ agreement. The a ntraet shall not Na v iius termination b fi+ of t pr-ov4d~-A-tiele-5, Seetion 5 5(d) During his term-, While serving as, Town Manager he shall devote full time to the office (and except as expressly authorized by the Board of Selectmen) shall not engage in any other business or occupation, and (except as expressly provided in the Charter) shall not hold any other public office, elective or appointive, in the Town. With the approval of the Selectmen, he may serve as the Town's representative to regional boards, commissions and the like but shall not receive additional salary from the Town for such services. [Amended November 10, 1997 (Article 7) and approved by vote of the Town on March 24, 19981 Section 5-2: Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager shall have the following powers and duties: (a) Supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by bylaw, by other Town Meeting vote, or by the Board of Selectmen, including all officers appointed by him and their respective departments. (b) Appoint, and may remove, subject to the civil service laws where applicable, Treasurer-Collector, Town Clerk, Police Chief, Fire Chief, sense Direetor and all other department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in the Charter, except persons serving under the School Committee, Municipal Light Board and Board of Library Trustees, and appointments made by the representatives of the Commonwealth. The Town Manager's appointment of the Police Chief, Fire Chief and Civil Defense Direetor shall be subject to confirmation by the Board of Selectmen. Any fall- or part-time Department Head, under the direct supervision of an appointed board, shall be appointed by the Town Manager subject to Reading Home Rule Charter ' 14 With all revisions through June, 2003 t~ i approval of such appointed board. In the event that the Board fails to take action within fourteen (14) days after notice to the Board of the Town Manager's appointment, the Board shall be deemed to have approved the appointment. (c) Administer all personnel policies, practices and related matters for all municipal employees as established by any compensation plan, personnel policy guide or bylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. (d) Fix the compensation of all Town officers and employees appointed by him within the limits established by the appropriations, and any compensation plan adopted by the Town Meeting. (e) Attend all regular and special meetings of the Board of Selectmen, except meetings at which his own removal is to be discussed, unless excused at his own request, and shall have a voice, but no vote, in all discussions. (f) Attend all sessions of the Town Meetings; and shall answer all questions directed to him that are related to his office. (g) See that all of the provisions of the General Laws, of the Charter, of the bylaws and other Town Meeting votes, and votes of the Board of Selectmen that require enforcement by him, or officers and .employees subject to his direction and supervision, are faithfully carried out. (h) Prepare and submit a proposed Annual Operating Budget, and a proposed Capital Improvements Program as provided in Article 7. (i) Assure that a full and complete record of the financial and administrative activities of the Town is kept, and shall render a full report to the Board of Selectmen at the end of each fiscal year, and at such other times as may be required by the Selectmen. (j) Keep the Board of Selectmen fully informed as to the financial condition and needs of the Town, and shall make such recom- mendations to the Board of Selectmen as he deems necessary or expedient. (k) Have full jurisdiction over the rental and use of all Town facilities, except those under the jurisdiction of the School Committee, Library Trustees, and Municipal Light Board, and properties designated by bylaw or other Town Meeting vote. He shall be responsible for the maintenance and repair of all Town property which is designated to be under his control. (1) May at any time inquire into the conduct of any officer, employee or department under his control. (m) Keep a full and complete inventory of all property of substantial Reading Home Rule Charter 15 With all revisions through June, 2003 value belonging to the Town, both real and personal. (n) Be responsible for the negotiation of all contracts involving any subject within his jurisdiction and approve the awarding thereof. (o) Be responsible for purchasing all supplies, materials and equipment, except those of the School Committee and the Light Board; approve the award of all contracts for all departments and activities of the Town except those of the School Committee.or and Light Board; examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies or equipment delivered to or received by any Town agency; and.examine services performed for any Town agency secured through the purchasing procedure. (p) Be deemed to be the Executive Officer of the Town under General Laws, C. 258. (q) Perform any other duties required of him by the Charter, by bylaw, by other Town Meeting vote, or by the Board of Selectmen. Section 5-3: Ombudsman The Town Manager shall appoint himself or some other full--time employee in his office to act as an Ombudsman to all. citizens in their day-to--day contacts and dealings I with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to direct the citizens to the proper officer, board or committee to deal with the citizen's problem;; (b) to set up appointments for citizens to meet with directors, department heads and boards;; (c) to provide citizens with access to public information within the Town and; (d) to otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. Section 54: Acting Town Manager (a) Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified Town officer or employee to serve as acting Town Manager during any temporary absence anticipated not to exceed ten (10) working days. (b) Long-Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of ten (10) working days, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the Town Manager returns. (c) Vacancy - When the office of Town Manager is vacant, or the Town Manager is under suspension as provided in Section 5-5, the Board of Selectmen shall appoint a qualified Town officer or employee to serve as Acting Town Manager until the vacancy is filled or the suspension has been terminated. In the event of vacancy, the Board of Selectmen shall initiate recruitment Reading. Home Rule Charter 16 With all revisions through June, 2003 for a new Town Manager without delay and shall appoint a new Town Manager within one hundred twenty (120) days. (d) Term - No appointment of an Acting Town Manager may exceed ten (10) working days whereupon the appointment may be renewed or another Acting Town Manager appointed. (e) Powers - The powers of an Acting Town Manager are limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. Section 5-5: Removal Procedures The Board of Selectmen may remove the Town Manager from office as follows: (a) Notice - By affirmative vote of a majority of its members, the Board of Selectmen may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered to the Town Manager forthwith following its adoption. (b) Public Hearint - Within five (5) days after the delivery of the preliminary resolution of removal, the Town Manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the Board of Selectmen. The hearing shall be convened by the Board of Selectmen not less than twenty (20) nor more than thirty (30) days after a request is filed. Not less than five (5) days prior written notice of the date upon which the hearing will commence shall be given to the Town Manager at his last known address. The time limitations set forth herein may be waived in writing by the Town Manager. The Town Manager shall be entitled to file a written statement with the Board of Selectmen responding to the reasons cited for the proposed removal, provided the same is received by the Board of Selectmen not less than forty-eight (48) hours in advance of the time set for the commencement of the public hearing. The Town Manager may be represented by Gcounsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through C-counsel, question any witnesses appearing at the hearing. (c) Removal - If the Town Manager does not request a public hearing, then upon the expiration of ten (10) days from the date of delivery to him of the preliminary resolution of removal, or if the Town Manager does request a public hearing, then five (5) days from the completion of the public hearing or forty-five (45) days from the date of the adoption of the preliminary resolution, whichever occurs later, the Board of Selectmen may by a vote of a majority of its members adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within the time limitations provided in this section Reading Home Rule Charter 17 With all revisions through June, 2003 ~4 shall nullify the preliminary resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall \ be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the Board of Selectmen. The Town Manager shall continue to receive his salary until a final resolution of removal has become effective. (d) Severance - Upon the termination of the Town Manager's appointment, whether voluntary or otherwise, he shall receive termination pay equal to one (1) month's salary for eaeh full year of seFviee as Town M-ftnage.-~ as determined by the Board of Selectmen, not to exceed three-(3) twelve (12) month's salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager must give the Board of Selectmen sixty (60) days written notice of intent to leave. This benefit will not be available if the Town Manger is terminated for cause. Article 6 ADMINISTRATIVE ORGANIZATION The organization of the Town into operating agene -rough either- method provided in this seetion. (a) EffIM Subjeet only to express prohibitions in the Constitution, the General Laws or- the > the Town Meeting may, , e, eonsolid , ' in part, and establish such new Town ageneies as it deems neeessary provided, however, that no function assigned by the Char-ter to--a par-tieniar- To,,wn ageney may be diseontinued or, unless the Charter- so provides, assigned to any other. (b) .~-dmin:istrafive Code Subjeet only to express prohibitions in the Constitution, r;;V General Laws or the SuKi-iY;, the Board o 1 after eonsultation with the Town , may from time to time prepare and submit to the Town Meeting for appr-oval as an administrative e6de n plan of organization 1 orderly, eonvenient eonduet. of the business of the Town. The -administrative ..ode may u YVUUVUU t abolish N~ ; purpose, any Tovm ageneies in whole or- in part. -and e-st-ah-li-sh sueh new Tom% -F,- ~ . es as it deems neeessary or- advisable. it may pr-esefibe the Iffilneflions of any Town ageney and for sueh transfer- the an '•n • FYt F hi 1' powers NuV) duties and so far f r as as V L is l YV;;~l;.l4i14 with - the use / the funds were voted by the Town, transfer the appropriations of one Town ageney to another. However-, no funetion assigned by the Charte Reading Home Rule Charter 18 With all revisions through June, 2003 : 65 s to a par-tieular Town ageney may be f or unless the Char-te .speeifleally s .;des assigned to a other plan, M%enever- the Board of Selectmen prepares sueh a it shall hold one or more publie hearings on the proposal giving notiee-by publieation in a loeal newspaper not less than seven 0 days in f whieh notiee shall deseribe the seope of the proposal and the time and f the Board-of-Selectmen- all submit to the Town Meeting, by Warr-an Artiele, 1' e r4ng- An administrative eode shall become effective at the expiration of ninety (90) days following the date -of the Town Aleeting at whieh the proposal is submitted unless the Town Meeting f within that time, vote to disapprove the eode. The Town Aleeting may vote only to approve or disapprove the eode and may not vote to amend or- alter-W. The Tom% Alnnag& shall prepare for submission to the Board of Seleetmen a table of organization establishing personnel requirements within the Town agen i ereated by f bylaw, by administratWe f or by other- means. The table within thirty (30) days following the date of its submission-. Section 6-1: Creation of Departments, Agencies and Offices The organization of the Town into operating agencies shall be accomplished through the establishment of an Administrative Code, either by adoption of a bylaw or by the adoption of a Table of Organization, both as provided in this section: (a) Bylaws - Subject only to express prohibitions in the Constitution, the General Laws or the Charter, the Town Meeting may, by bylaw, approve the reorganization, consolidation, or abolishment of any Town agencies, in whole or in part, and the establishment of such new Tovvn agencies as it deems necessary or advisable. It may prescribe the functions of any Town agency (b) Table of Organization - Subject only to express prohibitions in the Constitution, the General Laws or the Charter, the Board of Selectmen, after consultation with the Town Manager, may from time to time, prepare and submit to the Town Meeting for approval a table of organization or reorganization, or amendments to any existing table of organization for the orderly, efficient or convenient conduct of the business of the Town. The administrative code may reorganize, consolidate or abolish any Town agencies in whole or in part and establish such new Town agencies as it deems necessary or advisable. It may prescribe the functions of any Town agency and, for such purpose, transfer the powers and duties and, so far as is Reading Home Rule Charter 19 With all revisions through June, 2003 66 consistent with the use for which the funds were voted by the Town, transfer the appropriations of one Town agency to another. However, no function assigned by the Charter to a particular Town agency may be discontinued, or unless the Charter spec'fically so provides, assigned to any other. Whenever the Board of Selectmen prepares such a bylaw or table, the Board shall hold one or more public hearings on the proposal giving notice by publication in. a local newspaper not less than seven (7) days in advance, which notice shall describe the scope of the proposal and the time and place at which the hearing shall be held. Following such public hearing the Board of Selectmen shall submit to the Town Meeting, by Warrant Article, its proposed Administrative Code which it may have modified subsequent to the public hearing. . An administrative code shall become effective at the expiration of ninety (90) days following the date of the Town Meeting at which the proposal is submitted, unless the Town Meeting shall, by a majority vote within that time, vote to disapprove the code. The Town Meeting may vote only to approve or disapprove the administrative code and may not vote to amend or alter it, except that a substitute motion may be moved by a majority of the Board of Selectmen. Section 6-2: Publication of Administrative Code and Table of Organization For the convenience of the public, the administrative code, if adopted as a Table of Organization, shall be printed as an appendix to, but not an integral part of, the bylaws of the Town. The Table of Organization shall also be published annually in the Town Report. Seetion 6 3! Publication of Administrative Code an d Table of n ti For the eonvenience of the th va d i i;i;;R ; ;;d d e f a m n i e an any amendments thereto shall be pr4nted as an append the b laws of the Toym The table of i ti ix to, but not an integral , d b th T M y . organ za on shall be u Jl i th T R t prepare y e own anager- p j n e own epor . . Section 643: Department of Public Works (a) Establishment and Scope - There shall be a Department of Public Works responsible for the performance of all public works activities of the Town placed under its control by the Charter, by bylaw, by administrative code or otherwise including, but not limited to, protection of natural resources, maintenance of all municipal buildings and grounds except those of the School and Municipal Light Depart- ments, water supply and distribution, sewers and sewerage systems, streets and roads, parks and playgrounds, refuse collection and disposal, and forestry services, and cemetery services. The Department of Public Works shall assume all of the duties and responsibilities in the performance of public works functions including, but not limited to, those performed prior to the adoption Reading Home Rule Charter 20 With all revisions through June, 2003 67 of the Charter by or under the authority of the Department of Public works. (b) Director of Public Works - The Department of Public works shall be under the direct control of a Director of Public Works who shall be appointed by and who shall be directly responsible to the Town Manager. The Director of Public Works shall serve at the pleasure of the Town Manager. He shall be a person especially fitted by education, training and previous experience to perform the duties of the office. The Director of Public Works shall be responsible for the supervision and coordination of all divisions within the department in accordance with State statutes, Town bylaws, administrative code and directives of the Town Manager. (c) Policy Formulation - The Board of Selectmen, acting through the Town Manager, shall be responsible for the overall supervision of the Department of Public Works and for the establishment of policies and priorities to govern the operation of the department. The Board of Selectmen shall have the same power to adopt rules and regulations and grant licenses previously given by law to the Department of Public Works and its predecessor water, sewer and park commissions. Section 6-64: Town Counsel Appointment, Qualifications, Term of Office - The Board of Selectmen each year shall appoint a Town Counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any Special Counsel employed by the Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice. Powers and Duties - In addition to those duties which the Selectmen may request or authorize the Town Counsel to perform, he shall have the following powers and duties: (a) The Town Counsel shall examine and report to the Town Manager upon the title to any land to be acquired by the Town or any Town agency. (b) The Town Counsel shall, when requested, eounsel- advise with respect to all contracts, bonds, deeds and other legal instruments to which the Town is a party, or in which any right or interest of the Town is involved. (c) The Town Counsel shall advise all Town agencies and officers regarding legal questions relating to their powers and duties. (d) The Town Counsel, when requested by the Board of Selectmen, shall appear and conduct, or assist in the conduct of the prosecution, defense Reading Home Rule Charter 21 With all revisions through June, 2003 or compromise of any claims, actions and proceedings by, on behalf of, or against the Town or any Town agency. Section 6-65: Town Accountant Appointment, Oualifcation, Term of Office - There shall be a Town Accountant, appointed by the Board of Selectmen. The Town Accountant shall be qualified in accordance with State law, and shall have at least three (3) years prior full time accounting experience. The Town Accountant shall devote his entire time to the performance of his duties and the supervision of the employees of his department. The Town Accountant shall be appointed in March of every year for a one (1) year term to run from the first day of the following April; and shall serve until the qualification of his successor. The Town Accountant may be removed by the Board of Selectmen for cause; and the vacancy filled by them in the same manner as an original appointment for the remainder of the unexpired term. Powers and Duties - The Town Accountant shall be subject to the supervision of the Town Manager. He shall have, in addition to the powers and duties conferred and imposed upon Town Accountants by General Laws, the following powers and duties: (a) He shall prescribe the methods of installation and exercise supervision of all accounting records of the several Town officers and agencies. However, any change in the system of accounts shall first be discussed with the Town Manager and the Town agencies affected. (b) He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town agencies and employees. (c) He shall draw all Warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts. (d) Prior to submitting any Warrant to the Town Manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town officer or agency. If, upon examination, it appears to the Town Accountant that any such bill, .draft or order is fraudulent, unlawful or excessive, he shall immediately file with the Town Manager and Town Treasurer and Chairman of the Finance Committee a written report of his findings. Reading Home Rule Charter 22 With all revisions through June, 2003 (e) He shall be responsible for a continuous audit of all accounts and records of the Town wherever located. Vacancy - If the Town Accountant is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant who was disabled or absent resumes his duties, or until another Town Accountant is duly appointed. Said temporary appointment shall be in writing, signed by the Board of Selectmen and filed in the office of the Town Clerk. Section 646: Town Treasurer-Collector Appointment, Qualifications, Term of Office - There shall be a Town Treasurer- Collector, appointed by the Town Manager for a term of one year. The Town Treasurer- Collector shall be qualified in accordance with State law. The Town Treasurer-Collector shall devote his entire time to the performance of his duties and the supervision of the employees of his department. The Town Treasurer-Collector shall be appointed in March of every year for a one (1) year term to run from the first day of the following April and until the qualification of his successor. The Town Treasurer-Collector may be removed by the Town Manager for cause, and the vacancy filled by him in the same 'manner as an original appointment, for the remainder of the unexpired term. Powers and Duties - The Town Treasurer-Collector shall be subject to the supervision of the Town Manager. He shall have, in addition to the powers and duties conferred and imposed upon Town Treasurers and Town Collectors, by General Laws, the following powers and duties: (a) The Town Treasurer-Collector shall supervise and be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town including taxes and fees, and shall act as the Town Collector of Taxes. (b) The Town Treasurer-Collector shall report to the Town Manager at such times as he may direct or as he may deem appropriate, but at least semi- annually, as to all uncollected claims or accounts due or owing to the Town. Such reports shall include the Town Treasurer-Collector's recommendations as to whether suit should be instituted on behalf of the Town for the establishment or collection of any claim or account for fhe benefit of the Town. (c) The Town Treasurer-Collector shall supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town. (d) The Town Treasurer-Collector shall be the custodian of all funds, monies, securities or other things of value which are or have been Reading Home Rule Charter 23 With all revisions through June, 2003 ZV given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, improvement or embellishment of any of the Town's cemeteries or burial lots therein. The Town Treasurer-Collector shall invest the same as directed by the Board of Cemetery Trustees'and the Board of Trust Fund Commissioners, and shall distribute the income therefrom on the order of said trustees or Trust Fund Commissioners. Article 7 FINANCES AND FISCAL PROCEDURES Section 7-1: Fiscal Year The fiscal year of the Town shall begin on July first (1S) and end on June thirtieth (30'h), unless another provision is made by General Law. Section 7-2: Submission of Proposed Budget At least four (4) months before the start of the fiscal year, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents. . He shall simultaneously provide for the publication in a local newspaper of a general summary of the proposed budget? and a notice stating the times and places where complete copies of his proposed budget shall be available for examination by the public. Section 7-3: School Committee Budget The budget adopted by the School Committee shall be submitted to the Town Manager in sufficient time to enable him to prepare the total Town budget he is required to submit by Section 7-2. (a) Public Hearing - At least fourteen (14) days before the meeting at which the School Committee is to vote on its final budget request, the School Committee shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall indicate specifically any major variations from the present budget and the reasons for such variations and a notice stating: (1) the times and places where complete copies of the budget shall be available or examination by the public, and (2) the date, time and place, not less than seven (7) nor more than fifteen (15). days following such publication, when a public hearing shall be held by the School Committee on the proposed budget. (b) Adoption - The action of the School Committee in adopting the budget following the public hearing shall be summarized and the vote shall be duly recorded. Section 74: Budget Message Reading Home Rule Charter 24 With all revisions through June, 2003 71 e' The budget message submitted by the Town Manager shall explain the proposed budget for all Town agencies, both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the Town for the ensuing fiscal year; describe important features of the budget; indicate any major variations from the budget for the current year in financial policies, expenditures and revenues together with the reasons for such changes; summarize the Town's debt position and include such other material as the Town Manager deems desirable. Section 7-5: The Proposed Budget The proposed budget shall provide a complete financial plan of all Town funds and activities, including the budget as requested by the School Committee for the ensuing year. Except as may otherwise be required by General Law or by the Charter, it shall be in the form- the Town Manager deems desirable. In his presentation of the budget, the Town Manager shall make use of modem concepts of fiscal presentation so as to furnish a maximum amount of information and the best financial control. The budget shall be so arranged as to show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections: (a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by Town agency, function and work programs, and the proposed methods of financing such expenditures. (b) Proposed capital expenditures during the ensuing fiscal year, detailed by Town agency, and the proposed method of financing each such capital expenditure. (c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts. established for specific purposes. (d) Set forth all encumbered funds from prior fiscal years. Section 7-6: Action on the Budget (a) Public Hearing - The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local newspaper of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. (b) Finance Committee Meetings - The Finance Committee shall consider in. public meetings the detailed expenditures for each Town agency proposed by the Town Manager; and may confer with representatives of any such agency in connection with such considerations. The Finance Committee may require the Town Manager or any other Town agency to provide such additional information as it deems necessary or desirable in furtherance of its responsibility. (c) Presentation to the-Town Meeting - The Finance Committee shall file a report of its recommendations with the Town Clerk in sufficient time to be Reading Home Rule Charter 25 With all revisions through June, 2003 72 . distributed to all Town Meeting Members at least fourteen (14) days before the action on the budget article is to begin. The budget to'be acted upon by the Town Meeting shall be the budget as proposed by the Finance Committee which budget may be amended by the Town. Meeting. (d) All Warrant Articles requiring an appropriation in excess of five hundred dollars ($500.00) shall be integrated into the Town Manager's budget, and shall be considered and reported thereon by the Finance Committee. Section 7-7: Capital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. It shall contain: (a) a clear, concise general summary of its contents; (b) a list of all capital improvements proposed`to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement; (c) cost estimates, methods of financing and recommended time schedules for each improvement and (d) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved. This information is to be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. Section 7-8: Financial Public Records Statements summarizing the budget and the Capital Improvements Program and related Warrant Articles, as adopted by the Town Meeting, shall be made available in the office of the Town Manager for examination by the public not more than twenty (20) \ days after their adoption. Section 7-9: Approval of Financial Warrants Warrants for the payment of Town funds prepared by the Accountant in accordance with the provisions of the General Laws shall be submitted to the Town Manager. The approval of any such Warrant by the Town Manager shall be sufficient authority to authorize payment by the Town Treasurer, but the Board of Selectmen shall approve all Warrants in the event of a vacancy in the office of Town Manager. Section 7-10 Building Maintenance Budgets The budgets for the maintenance of municipal buildings and school buildings shall be included in one departmental budget and shall be voted upon separately from other budgets by Town Meeting. Any transfers into or out of said building maintenance accounts shall only be made upon approval by Town Meeting or as a Reserve Fund transfer by the Finance Committee. Article 8 GENERAL PROVISIONS Section 8-1: Charter Changes Reading Home Rule Charter 26 With all revisions through June, 2003 This Charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the amendments to the Constitution of the Commonwealth and the provisions of General Laws, C. 43B. In general terms, this means that any provision of this Charter, except as to the composition, mode of election or appointment, or terms of office of the legislative body, the Board of Selectmen or Town Manager can be changed by a two-thirds vote of the Town Meeting approved by the voters at the next Town Election. [Amended November 19, 2001 (Article 11)] I Section 8-2: Severability The provisions of the Charter are severable. If any provision of the Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons and circumstances shall not be affected thereby. Section 8-3: Specific Provisions Prevail To the extent that any specific provision of the Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail. Section 8-4: References to General Laws All references to the General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts; and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the General Laws enacted subsequent to the adoption of the Charter. Section 8-5: Computation of Time In computing time under the Charter, if seven (7) days or less, only business days not including Saturdays, Sundays or legal holidays shall be counted; if more than seven (7) days, every day shall be counted. Section 8-6: Number and Gender Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender shall include the feminine gender. Section 8-7: Definitions Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the Charter shall have the following meanings: (a) Charter - The word "Charter" shall mean this Charter and any amend- ments to it made through any of the methods .provided under Article Reading Home Rule Charter 27 With all revisions through June, 2003 14 LXXXIX of the amendments to the State Constitution. (b) Are^tueThe -iorat' Exofficio - A member of any multiple-member body, except a member of the Rules Committee, who, by virtue of his office or position, is appointed to an ad hoc or other multiple-member body. A person serving as an exofficio member shall not be required to take an additional oath of office to serve in such capacity. (c) Library - The word "Library" shall mean the Reading Public Library and any branch or branches that may be established thereof. (d) Local Newspaper -The word "local newspaper" shall mean a newspaper of general circulation within the Town. (e) Malority Vote - The word "majority vote" shall mean as to the Town Meeting a majority of those present and voting provided that a quorum of the body is present. As to all multiple-member bodies, the affirmative vote of a majority of all its members shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. (f) Multiple-Member Body - The word "multiple-member body" shall mean any Board, Commission or Committee consisting of two or more persons, whether elected or appointed. (g) Precinct - The word "precinct" shall mean the areas into which the own-is divided for the purpose of electing Town Meeting Members (gh) Town - The word "Town" shall mean the Town of Reading. (hi) Town Agency - The words "Town agency" shall mean any Board, Commission, Committee, department or office of the Town Government whether elected, appointed or otherwise constituted. (ij) Town-Bulletin Boards - The words "Town Bulletin Boards" shall mean the bulletin boards on which official Town notices are posted. (}k) Town Meeting - The words "Town Meeting " shall mean the representative Town Meeting of the Town established by Article 2. (kl) Town Officer - The words "Town Officer" shall mean an elected or appointed official of the Town who, in the performance of his duties of office, exercises some portion of the sovereign power of the Town, whether great or small; however, it shall not include a Town Meeting Member. A person may be a Town Officer whether Reading Home Rule Charter 28 With all revisions through June, 2003 Y~ or not he receives any compensation for his services. (lm) Voters - The word "Voters" shall mean registered voters of the Town. Section 8-8: Rules and Regulations A copy of all Rules and Regulations adopted by any Town agency shall be filed in the office of the Town Clerk,-and made available for review by any person who requests such information. Such Rules and Regulations adopted subsequent to the adoption of this Charter shall not become effective until ten (10) days following the date they are so filed. Section 8-9: Re-Eenactment and Publication of Bylaws Within one (1) year of the adoption of this Charter and at intervals of not more than ten (10) years thereafter, proposed revisions or recodification of the bylaws of the Town shall be presented to Town Meeting by the Bylaw Committee. At least four (4) months prior to the Town Meeting at which action under this section is to be taken, the Committee shall cause to be published in a local newspaper: (a) a report summarizing its -recommendations and noting the times and places within the Town where complete copies of the report shall be available for inspection by the public, and (b) the date, time and place not less than two weeks following such publication when a public hearing shall be held by the committee on the preliminary report. Section 8-10: Procedures of Multiple-Member Bodies (a) Meetings - All multiple-member bodies of the Town whether elected, appointed or otherwise constituted shall meet at such times and places within the Town as they may, by their own rules, prescribe. Special meetings of any multiple-member body shall be held on the call of the respective chairman, or by a majority of the members thereof by suitable written notice delivered to the residence or place of business of each member at least twenty-four (24) hours in advance of the time set. A notice of each meeting shall be posted at least forty-eight (48) hours in advance on the Town Bulletin Board, except in the event of an emergency meeting within the meaning of General Laws, C. 39. All meetings of all multiple-member bodies shall, at all times, be open to the public and to the press except as may otherwise be authorized by law. (b) Rules and Minutes - Each multiple-member body shall determine its own rules and order of business unless otherwise provided by the Charter or by bylaw; and shall provide for keeping minutes of its proceedings. These rules and minutes shall be a public record kept in the office of the Town Clerk, and copies shall be kept available in the Library. (c) Voting - Except on procedural matters, all votes of all multiple-member bodies shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. (d) uorum - A majority of the members of the multiple-member body shall constitute a quorum, but a smaller number may adjourn from time to time. Section 8-11: Elections Reading Home Rule Charter 29 With all revisions through June, 2003 74 (a) Annual Town Elections - The election of Town Officers and Town Meeting Members, and referenda questions shall be acted upon and determined by voters on official ballots without party or other designation on the date fixed in the bylaws of the Town. (b) Procedures - All elections conducted pursuant to this Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. (c) Any town-wide election shall be held at the same time in each precinct at the place designated by the Selectmen. Section 8-12: "'t~rVacancies on Boards, Committees, and Commissions Whenever a new Standing Committeee is established, or a vacancy occurs on any existing Board, Committee, or Commission, and- which vacancy is to be filled in Mee re kVdn by the Board of Selectmen or In-any multiple- member body, emeept~~,,asitions covered tmdei taecMz-service la of the whether such vacancy is by reason of death, resignation, expiration of a fixed term for which a person has been appointed, or otherwise, the Board of Selectmen or other appointing authority shall forthwith cause public notice of the vacancy to be posted on the Town Bulletin Boards for not less than fifteen (15) days. Any person who desires to be considered for appointment to the position may, within fifteen (15) days following the date notice is posted and up until the time the position is actually filled, file with the Town Clerk a statement setting forth in clear and specific terms his qualifications for the position. No pemianent appointment to fill sueh a position sMI be [Amended November 13,1986 (Article 17) and approved by vote of the Town on March 23,19871 Section 8-13: Recall Procedures (a) Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. (b) Recall Petition - Two hundred and fifty (250) or more voters may file with the Town Clerk an affidavit containing the name of the officer whose recall is sought and a sworn statement of the grounds upon which the petition is based. At least twenty-five (25) names of voters shall be from each of the eight precincts into which the Town is divided. The Town Clerk shall, within twenty-four (24) hours of receipt, submit the petitions to the Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. If the petitions contain sufficient signatures, the Town Clerk shall thereupon deliver to the first ten voters listed upon the affidavit, petition blanks in such number as requested demanding such recall, printed forms Reading Home Rule Charter 30 With all revisions through June, 2003 -77 of which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated, shall be addressed to the Board of Selectmen, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to the said office. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. The recall petitions shall. be returned and filed with the Town Clerk within twenty-one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10%0) of the voters and containing their names and addresses. However, not more than twenty-five percent (25%) of the total number shall be from any one precinct. (c) Recall Election - If the petition shall be certified by the Town Clerk to be sufficient, he shall forthwith submit the same with his certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of such petition and certificate to the officer whose recall is sought by mailing the same postage prepaid to his address as shown on the most recent voting list and posting such notice. on one or more of the Town Bulletin Boards. If said officer does not.resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty-five (35) nor more than sixty (60) days after the date of the Town Clerk's certificate of the sufficient petition. If, however, any other Town Election is to occur not less than thirty- five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. (d) Nomination of Candidates - Any officer whose recall is sought may not be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of same shall all be in accordance with the provisions of law relating to elections. (e) Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Adjacent to each proposition, there shall be a place to vote for either Reading Home Rule Charter 31 With all revisions through June, 2003 78 of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated as required in Section 42 of Chapter 54 of the General Laws. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the ballots for candidates need not be counted except as provided in (c) above. (f) Office Holder - The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this section. If he is recalled in the election, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify. within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. (g) Repeat of Recall Petition - No recall petition shall be filed against an officer within three (3) months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. Section 8-14: Removal of Appointees Appointing authorities may remove for cause appointees to. boards, commissions, committees and offices. Section-8-15: Resignation of. Town Officers Any person holding an elective or appointive office may resign his office by filing a resignation with the Town Clerk, and such resignation shall be effective immediately, unless a time certain is specified therein when it shall take effect. Section 8-16: Town Seal The Town Seal in existence at the time of adoption of this Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued from any office or board of the Town may be attested by use of the Town Seal. Article 9 TRANSITIONAL PROVISIONS Section 9-1: Continuation of Existing Laws (a) All bylaws, resolutions, rules, regulations, and votes of the Town Meeting which are in force at the time this Charter is adopted, not Reading Home Rule Charter 32 With all revisions through June, 2003 79 inconsistent with the provisions of this Charter, shall continue in force until amended or repealed, including bylaws, if any, which have been passed and have been approved by the Attorney. General but have not yet been published. (b) Where provisions of this Charter conflict with provisions of Town bylaws, rules, regulations, orders, and special acts and acceptances of General Law, the Charter provisions shall govern. All provisions of Town Bylaws, rules, regulations, orders, and special laws not superseded by this Charter shall remain in force. Section 9-2: Continuation of Government (a) All contracts or obligations entered into by the Town prior to the effective date of this Charter shall continue in full force and effect. (b) No actions or proceedings, whether civil or criminal, pending at the time this Charter shall take effect, brought by or against the Town or any department, board or commission or other Town agency, shall be affected or abated by the adoption of this Charter or by anything therein contained. (c) All taxes levied or assessed by the Town prior to the effective date of this Charter which have not been collected by the Town shall be collected, with any penalties thereon, by the duly established Town Government and officers under this Charter. Section 9-3: Continuation of Personnel No person employed by the Town on a permanent full-time basis as of March lst, in the year of the adoption of this Charter, except elected officials and the Executive Secretary, shall forfeit his pay grade or time in service as a result of the enactment of this Charter. Each such person shall be retained in a capacity as similar to his former capacity as is practical. No such person shall be removed from his position without due. cause. Each elected official serving in a paid position in the Town on said March lst, shall be retained in a capacity as similar to his former capacity as is practical until the expiration of his elected term, or for a period of two (2) years from such date whichever is later, at not less than his current rate of pay. The Executive Secretary shall be retained at not less than his current rate of pay until the date which is thirty (30) days after the initial Town Manager begins work, after which the position of Executive Secretary shall be eliminated. Section 9-4: Transfer of Records and Property All records, property and equipment whatsoever of any agency or part the the powers and duties of which are assigned in whole or in part to another agency, shall be transferred forthwith to such assigned agency. Section 9-5: Time of Effect The Charter shall become fully effective on July lst of the year receiving its approval by the voters, except as otherwise provided in this section: Reading Home Rule Charter 33 With all revisions through June, 2003 80 (a) Until such time as the Town Meeting acts, by bylaw or by other Town Meeting vote, to establish a different method of notification of its sessions shall be in accordance with present Town bylaw. (b) As of July 1 st, in the year in which this Charter is adopted, the Board of Public Works and the Planning Board shall be abolished, and the Selectmen shall appoint the members of the Community Planning and Development Commission. Two members shall be appointed for three (3) year terms, two (2) shall be appointed for two (2) year terms, and one (1) shall be appointed for a one (1) year term. (c) The Board of Selectmen shall, immediately following the election at which the Charter is adopted, initiate procedures to recruit a Town Manager. To assist in the recruitment process, the Selectmen shall appoint a Citizen's Screening Committee of not less than three (3) nor more than five (5) members to recommend to the Selectmen by majority vote of all members of the committee not more thart five (5) candidates for appointment as Town Manager. There shall be a widespread, diligent search for candidates to be considered. The appointment to fill this position shall be made effective not later than November l st in the year in which this Charter is adopted. The initial Town Manager shall receive upon his appointment a starting salary of not less than $40,000 per year. (d) All elected officials serving in positions which have heretofore been elected and who shall henceforth be appointed under the provisions of this Charter shall serve for the balance of their terms, but their successors shall be appointed. (e) The powers and duties of the Industrial Development Commission shall be transferred to the Community Planning and Development Commission on July 1st of the year in which this Charter is adopted. The sole exception shall be the Industrial Development Commission's activities in producing, distributing and reviewing the request for proposal as authorized by the November 1985 Town Meeting, which activities may continue until September 30, 1986, at which time the Industrial Development Commission shall be abolished. (f) The Municipal Light Board shall continue to consist of three (3) members until the first Town Election after adoption of this Charter. At such election, three new members shall be elected: one member shall be elected to the three-year term scheduled to expire at such election, one member shall be elected to a new three-year term, and one member shall be elected to a new two-year term. The two persons receiving the highest number of votes in such election shall serve for three (3) years, and the person receiving the third highest Reading Home Rule Charter 34 With all revisions through June, 2003 81 number of votes shall serve for two (2) years. Section 9-6: Composition of Certain Boards Not later than July Ist in the year in which this Charter is approved by the voters, the Selectmen shall petition the State Legislature for the passage of special legislation to permit the following boards to consist of the number of members provided in Articles 3 and 4 of this Charter: School Committee - six (6) members, Board of Library Trustees - six (6) members, Cemetery Trustees - six (6) members and Council on Aging - ten (10) members. If such legislation is not enacted by the third July 1 st following the adoption of this Charter, such boards shall consist of the following number of members: School Committee - seven (7) members, Board of Library Trustees - nine (9) members, Cemetery Trustees - five (5) members and Council on Aging - nine (9) members. [Special Legislation adopted as Chapter 679 of the Acts of 1986 on January 7,19871 Reading Charter Commission January 23, 1986 Reading Home Rule Charter 35 With all revisions through June, 2003 82 APPENDIX 5 Legend q j Town Boundary Roads Paved Unpaved Parcels Buildings Streams Map by: Town of Reading Map date: 10/15/04 Data are for planning purposes only. 0 200 400 800 Ft 83 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 Robert's Rules of Order 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 subject may be discussed together; however, only one is formally on the ♦ Town Meeting consists . of 192 floor, and each when moved is acted elected members, of which 97 upon individually. Note that the vote constitute a quorum.. on one may influence the others. ♦ There are two required sessions: the ♦ Members who wish to speak shall Annual Meeting in Spring which is rise, state their name and precinct in primarily for fiscal matters and order to be recognized. acceptance of the annual budget, and the Subsequent Meeting in ♦ A Member may speak for ten (10) November. Special Town Meetings minutes but permission must be may be called at any time that the i asked to exceed this limit. need arises. . ♦ There are three main committees ♦ Seven (7) Members can question a which review certain Articles and vote and call for a standing count and twenty (.20) can ask for a roll call advise Town Meeting of their vote; however, a roll call vote is recommendations: seldom used because of the time it takes. Finance for all expenditures of funds; Bylaw for all bylaw changes; and the PRINCIPAL MOTION ENCOUNTERED Community Planning and AT TOWN MEETING Development Commission for all zoning changes. The following motions are the principal Their reports are given prior to dis- ones used in most cases by Town Meeting to conduct its business. cussing the motion. Experience shows that the Members should be familiar with these. GENERAL RULES OF PROCEDURE ♦ Adjourn: Ends the sessions, can be ♦ The Meeting is conducted through moved at any time. the Warrant Articles which are presented (moved) as motions. Only one motion may be on the floor ♦ Recess: Stops business for a short at a time; however, the motion may time, generally to resolve a be amended. Often two or more procedural question or to obtain Articles which address the same information. 84 v ♦ Lay on the Table: Stops debate ♦ Question of Privilege: Sometimes with the intention generally of used to offer a resolution. Should bringing the subject up again later. not be used to "steal" the floor. May also be used to defer action on an Article for which procedurally a ♦ Point of Order: To raise a question negative vote is undesirable. concerning the conduct of the Note that tabled motions die with Meeting. adjournment. ♦ Point of Information: To ask for ♦ Move the Previous Question: 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 ♦ 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. ♦ 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.) 85 ♦ 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, 86 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 follow- ing 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 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 therefor. Rule 4: Prior to debate on each Article in a Warrant involving changes in the Bylaws, the Bylaw Committee shall advise the Town Meeting as to its recommendations and the reasons therefor. 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 inhabitant of the Town may speak at a Town Meeting having first identified himself to the Moderator as an inhabitant of the Town. No inhabitant shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Inhabitants shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under con- sideration 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. 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. C 87 Rule 12: The Moderator shall decide all questions of order subject to appeal to the meeting, the question on which appeal shall be taken before any other. Rule 13: When a question is put, the vote on all matters shall be taken by a show of hands, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the show of hands, or if his decision is immediately questioned by seven (7) or more Members, he shall determine the question by ordering a standing vote and he shall appoint tellers to make and return the count directly to him. On request of not less than twenty (20) Members, a vote shall be taken by roll call. Rule 14: All original main motions having to do with the expenditure of money shall be presented in writing, and all other motions shall be in writing if so directed by the Moderator Rule 15: No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the subject of the original motion shall be entertained. Rule 16: When a question is under debate, no motion shall be in order except (1) to adjourn, (2) to lay on the table or pass over, (3) to postpone for a certain time, (4) to commit, (5) to amend, (6) to postpone indefinitely or (7) to fix a time for terminating debate and putting the question, and the afore- said several motions shall have precedence in the order in which they stand arranged in this Rule. Rule 17: Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to adjourn, to move the question, to lay on the table and to take from the table shall be decided without debate. Rule 18: The previous question shall be put in the following form or in some other form having the same meaning: "Shall the main question now be put?," and until this question is decided all debate on the main question shall be suspended. If the previous question be adopted, the sense of the meeting shall immediately be taken upon any pending amendments in the order inverse to that in which they were moved except that the largest sum or the longest time shall be put first, and finally upon the main question. Rule 19: The duties of the Moderator and the conduct and method of pro- ceeding at all Town Meetings, not prescribed by law or by the Rules set forth in this Article, shall be determined by the rules of practice set forth in Robert's Rules of Order Revised so far as they may be adapted to Town Meetings. Section 2.2.2 It shall be the duty of everyofficial 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 88 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. Section 2.2.6 The Town Meeting Members and Town Meeting Members-Elect from each C 89 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. 90 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.