HomeMy WebLinkAbout2002-11-12 Subsequent Town Meeting Warrant ReportTown of
Reading
Massachusetts
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Report on the Warrant
Subsequent Town Meeting
November 12, 2002
TABLE OF CONTENTS
SUBSEQUENT TOWN MEETING
NOVEMBER 12, 2002
Article
Title
Sponsor
Page #
1
Reports
Board of Selectmen
2
2
Instructions
Board of Selectmen
3
3
Authorizing Payment of Prior Years Bills
Board of Selectmen
4
4
Amending FY 2003 - FY 2012 Capital
Improvements Program
Board of Selectmen
4
5
Amending FY 2003 Budget
Finance Committee
4
6
Approving Debt Authorization - Chapter 90
Board of Selectmen
5
7
Approving Debt Authorization - Road
Improvements Program
Board of Selectmen
5
8
Establishing a Revolving Fund for Building
Permits Fees for the Landfill Site
Board of Selectmen
6
9
Establishing a Stabilization Fund
Board of Selectmen
7
10
Transfer of Lands to the School Department
- Birch Meadow Area
School Committee
7
11
Acceptance of Donation - Historical
Commission Preservation Trust Fund
Historical Commission
8
12
Scenic Road - South Street
By petition
8
13
Scenic Road - Walnut Street
By petition
9
APPENDIX
Article 1 - Report of Reading Municipal
Light Department
11-29
Map - Article 10 - Birch Meadow Area
30
Map - Articles 12 and 13 - Scenic Roads
31
Articles 12 and 13 - Scenic Roads General
Bylaw, Section 5.8
32
Conduct of Town Meeting
33-39
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on September 30, 2002 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
Alice M. Barrows School, 16 Edgemont Avenue
Precinct 7
Reading Library, Local History Room, 64 Middlesex Avenue
Precinct 8
Charles Mobil on the Run, 1330 Main Street
The date of posting being not less than fourteen (14) days prior to November 12, 2002,
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 2, 2002.
Constable
/Z(2(7 ~ ~/-ZCell
A true copy. Attest:
r
eryl A Johnson, own Clerk
1
SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland
Road in said Reading, on Tuesday, November 12, 2002, at seven-thirty o'clock in the
evening, at which time and place the following articles are to be acted upon and
determined exclusively by Town Meeting Members in accordance with the provisions of
the Reading Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement
Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
C
Background: This Article appears on the warrant for all Town Meetings. At this
Subsequent Town Meeting, reports are expected on the following:
♦ RMLD "State of the Light Department" report
♦ RMLD report on costs associated with Inspector General's report, in response
to the following Instructional Motion from the 2002 Annual Town Meeting
Superintendent of Schools report on the "State of the Schools"
♦ , School Building Committee report
♦ Status of the sale of the Landfill
♦ Report on the status of Water Supply initiatives
♦ Report on the status of the Route 128/1-93 interchange project
The following is the instructional motion under ARTICLE 3 from the April 22, 2002
Annual Town Meeting: ,
On motion by Frederick Van Magness, Precinct 8, it was moved that the RMLD
Board of Commissioners:
(1) Present a full accounting of all monies expended as a result of the Inspector
General's report dated December 11, 2002 to include:
♦ Legal costs expended by RMLD and the Town of Reading (Town of
Reading direct legal costs through August 2002 were $3,522. In
addition, through October 39 there are considerable additional legal
costs associated with the RMLD Governance Advisory Committee).
2
♦ Cost of both Town and RMLD audits (Pricewaterhouse/Cooper and
Melanson/Heath). (Melanson Heath Audit done for the Town of
Reading was $45,000 and this cost was reimbursed by the RMLD)
♦ Costs paid to General Manager and Assistant General Manager for "paid"
leaves of absences.
♦ Any and all past employment costs for any employee who resigns or is
terminated as a result of the Inspector General's report.
♦ Legal costs to review any and all additional areas such as the anonymous
letter received (Choate, Hall).
o Estimated cost of time spent by RMLD employees assisting in audits that
are not part of their normal duties.
♦ Costs of newspaper ads and other miscellaneous expenses.
♦ Estimated cost for Town Accountant and Town Manager in response to the
Inspector General's report. (Estimated Town Manager's hours, not
including the RMLD Governance Advisory Committee, is in excess of
100 hours @ $52.301hour = $5,230; Estimated Town Accountant's
hours, not including RMLD Governance Advisory Committee, is in
excess of 100 hours @ $38.341hour = $3,834.
♦ Cost of any future payments to General Manager associated with
contracted terms to share costs of new ventures for years past
employment.
(2) Present a report on the new business activities of RMLD including why
Reading is not entitled to all revenues received.
(3) Include review of General Manager's contract provisions as part of overall
actions relative to the Inspector General's report and report same to Town
Meeting. Said reports to be made to the Subsequent Town Meeting,
Fall 2002.
On motion by Nancy Huntington-Stager, Precinct 1, it was moved to amend
Frederick Van Magness' motion to include that reports be in writing and before
Town Meeting.
(Note: A copy of the report on this matter is included as an Appendix to this
Town Meeting Warrant 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 for every Town Meeting. There are
no known instructions to be given under this Article at this time.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 3 To see if the Town will vote to authorize the payment during Fiscal
Year 2002 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 past year's bills that need to be paid and, therefore,
it is expected that this Article will be INDEFINITELY POSTPONED.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 4 To see if the Town will vote to amend the FY 2003 - FY 2012,
Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule
Charter and as previously amended, or take any other'action with respect thereto.
Board of Selectmen \
Background: There are no anticipated amendments to the Capital Improvements
Program and it is, therefore, expected that this Article will 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 12 of the April 22, 2002 Annual Town Meeting as amended by Article
6 of the Warrant of the Special Town Meeting of October 7, 2002, relating to the Fiscal
Year 2003 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.
Board of Selectmen
Background: The only potential action under this Article would be to fund the Town
non-union employee Pay and Classification Plan- Phase 1, at a cost of approximately
4
$10,000 beginning January 1, 2003. The Board of Selectmen has not yet had an
opportunity to determine whether they would like to request funding for this project at this
time, and this matter will be considered "action pending" as of the date of this report.
Finance Committee Report: "Action pending."
Bylaw Committee Report: No report.
ARTICLE 6 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
Background: The Town annually requests that this Article be approved by Town
Meeting so that the Town has the ability to move forward with planning for future year's
road projects. Although this Article asks for debt authorization, debt has never had to be
sold under this Article.
There will be two motions under this Article. The first is for the supplemental
Chapter 90 funds received last Spring. The second is for the Chapter 90 allocation for
FY 2003 in the amount of $307,424.84.
The funds will be expended in accordance with the Capital Improvements
Program and the Pavement Management Program.
Finance Committee Report: The FINCOM recommends the subject matter of this
Article by a vote of 7-0-0. This Article is important in order for orderly planning of capital
construction to take place. Although this is a debt authorization, debt has never had to
be sold for this purpose.
Bylaw Committee Report: No report.
ARTICLE 7 To see what sum the Town will raise by borrowing or transfer from
available funds or otherwise and appropriate for the purpose of road improvements
including constructing, reconstructing, and repairing roads within the Town of Reading,
including the costs of engineering fees, plans, documents, cost estimates, and all related
expenses incidental thereto and necessary in connection therewith, said sum to be
expended by and under the direction of the Town Manager; and to see if the Town will
authorize the Board of Selectmen, the Town Manager, or any other agency of the Town
to apply for a grant or grants to be used to defray the cost of all or any part of said road
improvements; and to authorize the Town Manager to enter into any and all contracts
and agreements as may be necessary to carry out the purposes of this Article; all as
previously approved under Article 10 of the April 22, 2002 Annual Town Meeting;
C
provided however that any borrowing authorized by this Article shall be pursuant to the
passage of a debt exclusion referendum question under General Laws Chapter 59 on
November 5, 2002; or take any other action with respect thereto.
Board of Selectmen
Background: This Article is placed on the Subsequent Town Meeting Warrant in the
event that Question 4 on the State Election Ballot of November 5 passes.
Town Meeting overwhelmingly passed this Article in the Annual 2002 Town
Meeting. The passage of Article 10 at the Annual Town Meeting was subject to approval
of a debt exclusion, and the Board of Selectmen agreed to place this matter on the
November ballot in order to give the Town staff the time to get the program into
operation for the 2003 construction season.
The amount requested is $3,500,000, which will allow the Town to spend up to
$700,000 per year of Town funds to supplement Chapter 90 funds for a total annual
expenditure of $850,000 per year. If the Chapter 90 funds in any year exceed $150,000,
as is expected for FY 2003 and FY 2004, then the Town would spend less of the Town
authorization.
This Debt Authorization is intended to last for a 5-year timeframe, after which the
Town would likely come back to Town Meeting and the voters for additional authorization
for this program.
Finance Committee Report: No report at this time. The FINCOM recommended the
initial approval of this matter at the 2002 Annual Town Meeting by a vote of 7-0-1,
subject to a Debt Exclusion vote of the Town.
Bylaw Committee Report: No report.
ARTICLE 8 To see if the Town will vote to establish a revolving fund under
Chapter 44 Section 53E1/2 of the General Laws for the purpose of using all or part of the
receipts generated from the issuance of Building, Plumbing and Gas, and Wiring Permits
for the development of the Walkers Brook Crossing development to pay the costs of
oversight and inspection of the development on that site, or take any other action with
respect thereto.
Board of Selectmen
Background: The Town will be receiving a substantial Building, Plumbing and Gas, and
Wiring permit fee for the landfill development project. While the fee is paid "up front," the
inspection and management of the site by the Town will last for two or more years.
The Board of Selectmen has proposed establishing a revolving fund for these
fees, so that the cost of inspection can be paid directly from that source until the project
is completed.
The Town will need to hire additional inspection services beyond the one full time
Building Inspector and part-time Plumbing/Gas and Wiring Inspectors we now have.
Establishing the revolving fund will make sure that the fees received are able to be spent
directly for that purpose over a two to three year timeframe until the project is done..
The revolving fund will have to be renewed annually. When the project is
complete, remaining funds will be returned to the Town's general fund.
6
Finance Committee Report: The FINCOM recommends this Article by a vote of 7-0-0.
This revolving fund will need to be re-authorized annually, and it allows the fees that
were paid for inspections to be available for inspections and Town construction
management for the duration of the landfill development project which will span at least
two fiscal years.
Bylaw Committee Report: No report.
ARTICLE 9 To see what sum the Town will raise by borrowing, or from the tax
levy, or transfer from available funds, or otherwise, and appropriate into the Stabilization
Fund as authorized under Section 5B of Chapter 40 of the Massachusetts General
Laws, or take any other action with respect thereto.
Board of Selectmen
Background: The establishment of a Stabilization Fund was seen initially as a way to
accomplish what is now proposed as the subject matter of Article 8. Because Article 8
appears to be the better approach to accomplish what is needed, it is expected that
Article 9 will be INDEFINITELY POSTPONED.
Finance Committee Report: No report.
1 Bylaw Committee Report: No report.
ARTICLE 10 To see if the Town will vote to authorize the Board of Selectmen to
transfer by deed to the School Committee the care, custody, and control of all land and
buildings owned by the Town of Reading, that are utilized for school purposes, and
placed under the care, custody, and control of the Board of Selectmen, and to determine
the terms and conditions of such transfer, or to take any other action with respect
thereto.
School Committee
Background: The School Committee has agreed that the language of the motion under
this Article should be to "Authorize the Board of Selectmen to lease" portions of the land
at the Birch Meadow complex as needed to maximize reimbursement of the Reading
Memorial High School renovation project by the School Building Assistance Bureau.
The exact lands and terms of the lease will be determined once the scope of the RMHS
renovation project is determined.
The Board of Selectmen anticipates having the general terms and a
memorandum of understanding with the School Committee prepared prior to Town
Meeting on November 12.
The specific terms of the lease will be for the Town to preserve all the
management, scheduling, use and operational rights and responsibilities it now has.
The Appendix to this report contains a map showing the Birch Meadow area and
the current High School buildings.
7
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 11 To see if the Town will accept the donation of $20,000 plus other
future donations that may be made to establish an Historical Commission Preservation
Trust Fund for the express purpose of forwarding historic preservation in Reading. The
principal and/or interest on such funds are to be expended by the Reading Historical
Commission and administered by the Town of Reading Commissioners of Trust Funds,
or take any other action with respect thereto.
Historical Commission
Background: As part of the 40B Comprehensive Permit at 1375 Main Street, the
Historical Commission was offered the sum of $20,000 by the developer to either move
the 1850 Sumner Cheney house from the property or, if that was not feasible, the
Historical Commission would receive the $20,000 for "the express purpose of forwarding
historic preservation in Reading" according to the Zoning Board of Appeals' decision.
The house could not be preserved and the payment of the $20,000 has been made.
This Article will set up the Historical Commission Preservation Trust Fund, with the
principal and/or interest to be used by the Historical Commission consistent with its
official purpose which is "to identify and record historic assets of the Town, and to
develop and implement a program for their preservation," and according to adopted
guidelines.
Finance Committee Report: The FINCOM recommends this Article by a vote of 7-0-0.
FINCOM feels that this will allow the Historical Commission to have these funds
available for the purpose for which they were donated.
Bylaw Committee Report: No report.
Historical Commission Report: Anytime a cultural resource such as the Sumner
Cheney house on North Main Street is destroyed, the town loses a significant aspect of
its character and heritage. Regrettably, the structure was demolished for multiple
housing units. The Commission plans to use the $20,000 in a proactive or preventive
way, beyond its regular budget, for special projects under established guidelines that will
help preserve the Town's historical and architectural assets for public purposes.` This
fund will be different from the 350th Historic Preservation Fund, which is run by the
Celebration Committee, because that fund was set up to serve any Town resident and is
narrowly focused on perpetuating the recorded history of Reading.
ARTICLE 12 To see if the Town will vote, pursuant to Section 5.8.1 of the
Bylaws of the Town of Reading, to designate South Street from Walnut Street on the
east to West Street on the west as a scenic road, or take any other action with respect
thereto.
By petition \
( Background: Citizen petitions for Articles 12 and 13 were received by the Board of
Selectmen to designate portions of Walnut and South Streets as Scenic Roads.
Previously, other parts of these two streets have been designated by Town Meeting as
Scenic Roads.
The CPDC held a public hearing on September 30, and voted to recommend to
Town Meeting the designation of the entirety of the remainder of Walnut Street (AKA
Walnut Street Extension) as a Scenic Road.
CPDC also voted to designate the portion of South Street from Pine Ridge Road
to the bend where old South Street meets the new (relocated) portion of South Street, as
Scenic Roads. CPDC did not feel that the entirety of South Street from Pine Ridge Road
to West Street met the requirements to be designated as a scenic Road and, therefore,
voted to designate only that portion specified as a Scenic Road.
Attached in the Appendix is a copy of Section 5.8.1 of the General Bylaw which
spells out the process and meaning of designation of a Scenic Road. Also attached is a
map which shows the areas to be designated.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
CPDC Report: Following a public hearing on September 30, 2002, the CPDC voted to
recommend the designation of South Street from Pine Ridge Road to the westerly
boundary of 155 South Street as a Scenic Road by a vote of 4-1-0.
ARTICLE 13 To see if the Town will vote, pursuant to Section 5.8.1 of the
Bylaws of the Town of Reading, to designate Walnut Street (AKA Walnut Street
Extension) from Pine Ridge Road on the east to its dead end at Route 128 on the west
as a scenic road, or take any other action with respect thereto.
By petition
Background: See background and report for Article 12.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
CPDC Report: Following a public hearing on September 30, 2002, the CPDC voted to
recommend the designation of Walnut Street from South Street to the end of the cul-de-
sac, also known as "Walnut Street Extension", as a Scenic Road by a vote of 3-2-0.
9
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 12, 2002, 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 24th day of September, 2002.
Camille . Anthony, Chairman
'Matthew Cummings, Vice ChairmdA
. RGW W . ~&4
Richard W. Schubert, SecretaryC' l f
Aeorge Hines
Gail F. Wood
SELECTMEN OF READING
constable
10
ARTICLE 1
READING MUNICIPAL LIGHT
DEPARTMENT
STATE OF THE LIGHT
DEPARTMENT REPORT
11
State of the Reading Municipal Light Department
• RMLD Financial Performance
• Actions taken by the RMLD' in response to the Inspector
General's Report
• Responses to Article 3 - Motion at the Annual Town
Meeting - April 29, 2002
12
RMLD's Financial Performance
• Revenues within .13% of the 2002 Operating Budget.
• Bottom line - RMLD is $972k or 33% ahead of the budget
net income.
• Purchased Power Adjustment has returned $1.5 million to the
ratepayers.
• Purchased Power Expense is $1.6 million under budget due
to long- term contracts expiring and replaced with lower-cost
contracts.
• The Rate Stabilization Fund has a balance of $15.5 million.
• A one-time refund of $3 million is being returned to the
ratepayers in November, 2002.
• The RMLD does not foresee an increase in its base rates in
2003.
13
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15
Action Taken in Response to the Inspector
General's Report
RMLD Policies have been updated
• Travel policy has been updated.
• Credit Cards have been eliminated.
• Board policy on employee communication has been amended.
C
• Anonymous Letter Policy has been created.
Warrant Process
• Accounting Services Manager can address the RMLD Board of
Commissioners directly with warrant issues.
• Warrant Exceptions Procedure for the RMLD Board of
Commissioners has been established.
r
16
READING MUNICIPAL LIGHT
DEPARTMENT
RESPONSE TO ARTICLE 3
ANNUAL TOWN MEETING
APRIL 29, 2002
1.7
Town of Reading
16 Lowell Street
g, 2685
Reading, MA 01867-
FAX: (781) 942-9070
Website: www.d.reading.ma.us TOWN CLERK
(781) 942-9050
ANNUAL TOWN MEETING
April 29, 2002
ARTICLE 3 - On motion by Frederick Van Magness, Precinct 8, it was moved that the Rs'NILD
Board of Commissioners:
(1) Present a fill) accounting of all monies expended as a result of the Inspector General's
report dated December 11, 2002 to include:
Item i. + Legal costs expended by RNILD and the Town of Reading
Item 2. + Cost of both Town and R-NILD audits (PricewaterhouseCooper/Nlelanson/Heath)
Item 3. + Costs paid to General Manager and Assistant General Manager for "paid" leaves of
absences
ftem4. + Any and all past employment costs for any employee who resigns or is terminated
as a result of the Inspector General's report
items. + Legal costs to review any and all additional areas such as the anonymous letter received
(Choate; Hall)
Urn s. + Estimated cost of time spent by R_MLD employees assisting in audits that are not
part of their normal duties'
Item 7. + Costs of newspaper ads and other miscellaneous expenses
item e. + Estimated cost for Town Accountant and Town Manager in response to the
Inspector General's report
item 9. + Cost of any future payments to General Manager associated with contracted terms
to share costs of new ventures for years past employment
teem io. (2) Present a report on the new business activities of R.MLD including why Reading is
not entitled to all revenues received.
item 1i. ~3) Include review of General Manager's contract provisions as part of overall actions
relative to the Inspector General's report and report same to Town Meeting. Said
reports to be made to the Subsequent Town Meeting, Fall 2002.
On motion by Nancy Huntington-Stager, Precinct 1, it was moved to amend Frederick Van
Magness' motion to include that reports be in writing and before Town Meeting.
Motions carried.
A true copy. Attest:
Cheryl A.:* Johnson'
Town Clerk
18
READING MUNICIPAL LIGHT DEPARTMENT
GLOSSARY OF FIRMS
LYNCH, BREWER, HOFFMAN & SANDS,
LLP
RUBIN AND RUDMAN LLP
PRICEWATERHOUSECOOPERS LLP
MELANSON HEATH
CHOATE, HALL & STEWART
FORMER GENERAL
MANAGER'S LEGAL COUNSEL
RMLD'S COUNSEL-CHAPTER
164 ISSUES
RMLD FORENSIC AUDITOR
IN RESPONSE TO THE
INSPECTOR GENERAL'S
REPORT
TOWN OF READING FORENSIC
AUDITOR IN RESPONSE TO THE
INSPECTOR GENERAL'S
REPORT
RMLD'S COUNSEL FOR LABOR
ISSUES
CLARKE & COMPANY CRISIS PUBLIC RELATIONS
FIRM - HIRED BY THE FORMER
GENERAL MANAGER
19
Response to Article 3 - April 29, 2002, Town Meeting
RMLD
Expense Summary for the Inspector General's Report
and the Anonymous Letter
For Period 12/11/01 Through 8/31/02
REQUESTED ITEMS TOTALS
ITEM #1: Legal $161,433.15
ITEM #2: Audit $150,748.59
ITEM #3: Paid Leaves of Absence $47,664.59
ITEM #4: Past Employment Costs $144,570.66
ITEM #6: RMLD Labor Costs $35,556.45
ITEM #7: Other Costs $17,317.52
LESS: ITEM 4 accrued balances which
employees are entitled to:
(vacation, sick, personal, longevity) ($116,238.81)
Sub-Total: Inspector General's Report $441,052.15
ITEM #5: Anonymous Letter
$217,639.81
GRAND TOTAL
$658,691.96
20
ITEM 1
RMLD
Legal Costs Expended by the RMLD
Through Period Ending 8/31/02
Summary:
Lynch, Brewer, Hoffman & Sands, LLP
$13,357.75
Rubin and Rudman LLP
$148,075.40
Total
$161,433.15
Detail:
Vendor:
Lynch, Brewer, Hoffman & Sands, LL
P
Date
Invoice #
Period
Amount
4/02/02
138596
February 2002
$1,160.51
4/03/02
139633
March 2002
$11,355.02
6/12/02
143205
April 2002
$842.22
Total
$13,357.75
i
Vendor:
Rubin and Rudman LLP
Date
Invoice #
Period
Amount
1/28/02
249972
December 2001 - IG
$19,620.15
2/28/02
251218
January 2002 - IG
$40,836.21
3/29/02
251929
February 2002 - IG
$7,052.06
3/29/02
251947
February 2002 - Nepotism
$3,391.25
4/30/02
253364
Public Records Request
$315.90
4/30/02
253398
Manager Negotiation
$3,420.90
4/30/02
253369
Policy 15 Issues
$676.99
5/31/02
254683
Assistant Manager's Severance
$20,720.59
5/31/02
254692
Manager's Severance
$9,972.55
5/31/02
254696
Public Records Request
$6,274.29
5/31/02
254681
Restitution
$5,575.35
6/28/02
256400
Assistant's Manager's Severance
$15,854.48
6/28/02
256373
Public Records Request
$1,881.65
6/28/02
256386
Manager's Severance
$2,676.75
7/31/02
257132
Manager's Severance
$588.75
7/31/02
257123
Legislation
$45.90
7/31/02
257137
IG.II - Energy Consultants
$1,055.70
7/31/02
257134
Restitution
$1,031.45
7/31/02
257128
Assistant's Manager's Severance
$4,126.08
7/31/02
256387
Restitution
$2,958.40
Total
$148,075.40
Note: The Town
of Reading's
legal costs will be answered by the T
own Manager.
21
ITEM 2
RMLD
Cost of Both Town and RMLD Audits
Through Period Ending 8131/02
Summary:
PricewaterhouseCoopers LLP
Town of Reading (Melanson Heath)
Total
$105,748.59
$45,000.00
$150,748.59
Detail:
Vendor:
PricewaterhouseCoopers LLP
Date
Invoice #
Period
2/11/02
RETAINER
Retainer
2/11/02
4574-000628-8
Inception thru January 2002
3/12/02
4574-000669-2
February 2002
3/27/02
4574-000680-9
March 1, 2002, thru March 18, 2002
4/11/02
4574-000705-4
March 19, 2002, thru April 11, 2002
5/21/02
4574-000752-6
April 12, 2002, thru May 15, 2002
6/13/02
4574-000777-3
May 16, 2002, thru May 31, 2002
7/09/02
4574-000805-2
June 1, 2002, thru June 30, 2002
Total
Town of Reading (Melanson Heath)
Amount
$10,000.06
$12,821.00
$49,949.34
$22,508.25
$2,200.00
$2,425.00
$3,850.00
$1,995.00
$105,748.59
$45,000.00
22
ITEM 3
RMLD
Costs Paid to General Manager,
Assistant General Manager and Field Services Manager
for "Paid" Leaves of Absence
Through Period Ending 8/31/02
Assistant
Field
General
General
Services
Payroll Period
Manager
Manager
Manager
Total
01/14/02 - 01/27/02
$2,692.56
$0.00
$0.00
$2,692.56
01/28/02 - 02/10/02
$5,385.12
$4,115.40
$1,335.36
$10,835.88
02/11/02 - 02/24/02
$5,385.12
$4,115.40
$0.00
$9,500.52
02/25/02 - 03/10102
$5,385.12
$4,115.40
$0.00
$9,500.52
03/11/02 - 03/24/02
$4,846.61
$4,115.40
$0.00
$8,962.01
03/25/02 - 04/07/02
$0.00
$4,115.40
$0.00
$4,115.40
04/08/02 - 04/21/02
$0.00
$2,057.70
$0.00
$2,057.70
Grand Total $23,694.53 $22,634.70 $1,335.36 $47,664.59
23
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24
ITEM 5
RMLD
Legal Costs to Review Any and All Additional Areas
Such as
the Anonymous Letter Received (Choate, Hall)
Through Period Ending 8/31/02
Summary:
Choate, Hall & Stewart
$129,184.30
Rubin and Rudman LLP
$88,455.51
Total
$217,639.81
Detail:
Vendor:
Choate, Hall & Stewart
Date
Invoice # Period
Amount
1/10/02
1154140 December 2001
$2,053.50
2/11/02
1158403 January 2002
$21,997.00
4/09/02
1162543 February 2002
$52,672.95
4/16/02
1167841 March 2002
$52,460.85
Total
$129,184.30
Vendor:
Rubin and Rudman LLP
Date
Invoice # Period
Amount
2/27/02
251233 January 2002 - Employee Letter
$6,741.15
3/29/02
251941 February 2002 - Employee Letter
$5,065.20
4/30/02
253653 Employee Investigations
$76,649.16
Total
$88,455.51
25
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26
ITEM 7
RMLD
Costs of Newspaper Ads and Other Mi
scellaneous Expenses
Through Period Ending
8/31/02
Summary:
Clarke & Company
$11,930.10
Various
$5,387.42
Total
$17,317.52
Detail:
Vendor:
Clarke & Company
Date
Invoice #
Period
Amount
12/31/01
11165
December 2001
$10,972.50
12/31/01
11125
December 2001
$105.34
01/31/02
11198
January 2002
$18.89
01/31102
11253
January 2002
$800.00
03/31/02
11361
December 2001
$33.37
Total
$11,930.10
Vendor:
Various
Date
Invoice #
Period
Amount
North Reading Transcript 12/31/01
163
December 2001
$680.00
Town Crier 01/31/02
133
December 2001
$1,083.60
Daily Times Chronicle 12/31/01
72
December 2001
$875.00
Community Newspaper 12/31101
Dec 01
December 2001
$2,748.82
Total
$5,387.42
27
Item 8 Estimated cost for the Town Accountant and Town Manager in
response to the Inspector General's reports.
Will be answered by Town Manager.
Item 9 - Cost of any future payments to the General Manager
associated with the contracted terms to share costs of new ventures for
the years past employment.
The only applicable new venture is the outside streetlight business. The
RMLD does not foresee any future payments to the General Manager
associated with the contracted terms to share costs of new ventures. The
outside streetlight business has a cumulative net operating loss of
approximately $288,092 through August, 2002.
Item 10 - Present a report on the new business activities of the RMLD
including why Reading is not entitled to all revenues received.
The original investment in Energy New England was $500,000 in 1998 and
the net equity in Energy New England as of August, 2002, is approximately
$400,000. As stated in Item 9 the outside streetlight business has a
cumulative net operating loss of $288,092. The monies used to start up
Energy New England and to start up and operate the outside streetlight
business were paid from the RMLD's operating fund; therefore, the intent
was that any income from these ventures would benefit the RMLD
ratepayers.
28
Item 11- Include review of the General Manager's contract provisions
as part of the overall actions relative to the Inspector General's report
and report same to Town Meeting. Said reports to be made to the
Subsequent Town; Meeting, Fall 2002.
The General Manager resigned on April 1, 2002. Item 4 showed $1,077
payment for unused Personal Days. This is the only provision of the
contract that was incurred as a result of the Inspector General's Report.
According to Item 9 the RMLD does not foresee any future payments to the
General Manager with respect to business ventures.
29
ARTICLE 10
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ARTICLE 13
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ARTICLE 1'2
45.41 31
ARTICLES 12 & 13
5.7.18 After due notice and public hearing, the Conservation Commission may C
promulgate rules and regulations to effectuate the administration of this Bylaw.
However, failure to promulgate rules and regulations as herein provided, or a
legal declaration by a court of law of the invalidity of any section or provision
of this Bylaw, shall not invalidate any other section or provision thereof.
5.8 Scenic Roads
5.8.1 Upon recommendation of the Community Planning and Development
Commission, Conservation Commission or Historical Commission, Town
Meeting may vote to designate any road, other than a numbered route or State
highway, as a scenic road.
5.8.2 After a road has been designated as a scenic road, any repair, maintenance,
reconstruction or paving work done with respect thereto shall not involve' or
include the cutting or removal of trees or the tearing down or destruction of stone
walls or portions thereof, except with the prior written consent of the Community
Planning and Development Commission after a public hearing duly advertised
twice in a newspaper of general circulation in the area as to time, date, place and
purpose, the last publication to occur at least seven (7) days prior to such hearing.
5.8.3 The Community Planning and Development Commission shall establish and
adopt regulations for exercising its responsibilities under this Bylaw, taking into
consideration sound planning principles and preservation of aesthetic and natural
resources of the Town.
5.9 News-Racks
5.9.1 The purpose of this Bylaw is to protect the Town and its inhabitants from the
unregulated installation, use or maintenance of news. racks on public streets,
sidewalks and other public properties. The unregulated installation, use or
maintenance of news racks on public streets, sidewalks and other public
properties will result in obstruction of sidewalks that will interfere with the
public's right to unhampered passage thereon, will create traffic congestion or
illegal parking or stopping by motorists in order to purchase newspapers,
periodicals or other printed matter, will damage municipal property because of
the chaining of news racks to poles, traffic standards or other fixtures, will
interfere with the performance of required municipal services, will create
unsightly conditions and will endanger the safety and welfare of the inhabitants
of the Town.
5.9.2 Definitions
For the purposes of this Bylaw, the following words and phrases shall have the
meanings given herein. When not inconsistent with the context, words used in the
present tense include the future; words in the plural include the singular; and
words in the singular include the plural:
5.9.2.1 Distributor: Any person responsible for the installation, use or
maintenance of a news rack in or on a public street.
General Bylaws 32 Amended through' October, 2002
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
♦ Town Meeting consists of 192
elected members, of which 97
constitute a quorum.
subject may be discussed together;
however, only one is formally on the
floor, and each when moved is acted
upon individually. Note that the vote
on one may influence the others.
♦ '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
asked to exceed this limit.
need arises.
♦ Seven (7) Members can question a
♦ There are three main committees
vote and call for a standing count
which review certain Articles and
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.
♦ Recess: Stops business for a short
Only one motion may. be on the floor
time
generally to resolve - a
at a time; however, the motion may
,
procedural question or to obtain
be amended. Often two or more
information
Articles which address the same
I
.
33
♦ Lay on the Table: Stops debate
♦ Question of Privilege: Sometimes C
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
s 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
e 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 ayes or no
♦ The maker of any proposed multiple
vote.
motion shall make' their intent
known, and the content of the
♦ Take from the Table: Brings back a
motion to be offered shall be
motion which was previously laid on
conveyed to the Moderator - prior to
the table.
the initial calling of the Warrant
Article.
o Main Motion:. The means by which
a subject is brought before the
♦ Once an affirmative vote has been
Meeting.
taken on the motion then on the floor
- no further subsequent alternative
THE FOLLOWING MOTIONS MAY BE
motions will be accepted. (Obviously
USED BY A MEMBER FOR THE
does not apply to the budget, for
PURPOSE NOTEb:
example.)
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♦ Also - There can only be one motion
except if this day shall fall on a legal
on the floor at any one time. You
holiday, in which case the Meeting
have the ability to offer amendments
shall be held on the following day.
to the motion that is on the floor. You
The Subsequent Town Meeting shall
also have the ability to move for
consider and act on all business as
reconsideration.
may properly come before it except the
adoption of the annual operating budget.
TOWN OF READING BYLAWS
ARTICLE 2: TOWN MEETINGS
Section 2.1.5
Adjourned sessions of every Annual
2.1 General
Town Meeting after the first such
adjourned session provided for in
Section 2.1.1
Section 2.1.3 of this Article and all
The Annual Town Meeting shall be held
sessions of every Subsequent Town
on the third Tuesday preceding the
Meeting, shall be held on the follow-
second Monday in April of each year
ing Thursday at 7:30 p.m. and then
for the election of Town officers and
on the following Monday at 7:30 p.m.
for other such matters as required by
and on consecutive Mondays and
law to be determined by ballot.
Thursdays, unless a resolution to
Notwithstanding the foregoing, in any
adjourn to another time is adopted by
year in which presidential electors are
a majority vote of the Town Meeting
to be elected, the Board of Selectmen
Members present and voting.
may schedule the commencement of
the Annual Town Meeting for the same
Section 2.1.6
j date designated as the date to hold the
The Board of Selectmen shall give
l Presidential Primary.
notice of the Annual Subsequent or
any Special Town Meeting at least
Section 2.1.2
fourteen (14) days prior to the time
The polls for the Annual Town Meeting
of holding said Meeting by causing
shall be opened at 7:00 a.m. and shall
an attested copy of the Warrant
remain open until 8:00 p.m.
calling the same to be posted in one
(1) or more public places in each
Section 2.1.3
precinct of the Town, and either
All business of the Annual Town
causing such attested copy to be
Meeting, except the election of such
published in a local newspaper or
Town officers and the determination of
mailing an attested copy of said
such matters as required by law to be
Warrant to each Town Meeting
elected or determined by ballot, shall be
Member.
considered at an adjournment of such
meeting to be held at 7:30 p.m. on the
Section 2.1.7
second Monday in April, except if this
All Articles for the Annual Town Meeting
day shall fall on a legal holiday, in
shall be submitted to the Board of
which case the Meeting shall be held
Selectmen not later than 8:00 p.m. on
on the following day or at a further
the fifth Tuesday preceding the date of
adjournment thereof.
election of Town officers unless this day
is a holiday in which case the following
Section 2.1.4
day shall be substituted.
A Special Town Meeting called the Sub-
sequent Town Meeting shall be held on
All Articles for the Subsequent Town
the second Monday in November,
Meeting shall be submitted to the Board
35
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.
36
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 every official body,
by a Member thereof, to be in attend-
ance at all Town Meetings for the
information thereof while any subject
matter is under consideration affecting
such official body.
Section 2.2.3
All committees authorized by Town
Meeting shall be appointed by the
Moderator unless otherwise ordered by
a vote of the Members present and
voting. All committees shall report as
directed by the Town Meeting.
If no report is made within a year after
the appointment, the committee shall be
37
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
r
38
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.
I
The purpose of the meeting shall be the
election of a Chairman and a Clerk and
to conduct whatever business may be
appropriate. Chairman shall serve no
more than six (6) consecutive years in
that position. Additional precinct meet-
ings may be called by the Chairman or
by a petition of six (6) Town Meeting
Members of the precinct.
Section 2.2.7 Removal of Town
Meeting Members
2.2.7.1 The Town Clerk shall
mail, within thirty (30) days after the
adjournment sine die of a Town
Meeting, to every Town Meeting
Member who has attended less than
one half (1/2) of the Town Meeting
sessions since the most recent Annual
Town Election, a record of his attend-
ance and a copy of Section 2-6 of the
Charter.
2.2.7.2 Town Meeting Members
of each precinct shall consider at a
precinct meeting to be conducted in
accordance with Section 2.2.6 of these
Bylaws and Section 2-6 of the Charter,
preceding the consideration of the
Article placed upon the Annual Town
Meeting Warrant in accordance with
Section 2-6 of the Charter, the names of
Town Meeting Members in that precinct
appearing on said Warrant Article and
adopt recommendations to Town
Meeting as to what action should be
taken regarding each such Member.
The Chairman of each precinct or his
designee shall make such recommend-
ations along with supporting evidence
and rationale to Town Meeting.
2.2.7.3 The names of the
Members subject to removal in
accordance with Section 2-6 of the
Charter shall be grouped by precinct in
the Warrant Article required by said
Section.
Section 2.2.8 Meetings During
Town Meetinq
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.
39