HomeMy WebLinkAbout2000-11-13 Subsequent Town Meeting Warrant ReportI-
TABLE OF CONTENTS
SUBSEQUENT TOWN MEETING
NOVEMBER 13, 2000
Article
Title
Sponsor
Page #
1
Reports
Board of Selectmen
2
2
Instructional Motions
Board of Selectmen
2
3
Amend Capital Improvements
Program FY 2001 - FY 2010
Board of Selectmen
3
4
Amending FY 2001 Budget
Board of Selectmen
3
5
Amending Fees
Board of Selectmen
4
6
Authorizing Debt - Chapter 90
Board of Selectmen
4
7
Bylaw Regulating the use of
Recreational Vehicles
Board of Selectmen
5
8
Amending Reading Home Rule
Charter
Reading Municipal Light
Board
6
9
Establishing Human Relations
Commission
Petition
7
10
Transferring Land to Conservation
Commission - Symonds Way
Board of Selectmen
9
11
Street Acceptance - Sunset Rock
Lane
Board of Selectmen
10
12
Abandon Sewer Easements
Board of Selectmen
11
13
Zoning in Business A District -
Pearson
CPDC
11
14
Zoning in Business A District -
Pearson
CPDC
12
Maps
15, 16, 17
Conduct of Town Meeting
18 - 24
r COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Officer's Return, Reading:
By virtue of this Warrant, I, on September 29, 2000 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
Precinct 2
Precinct 3
Precinct 4
Precinct 5
Precinct 6
Precinct 7
Precinct 8
J. Warren Killam School, 333 Charles Street
Registry of Motor Vehicles, 275 Salem Street
Reading Police Station, 15 Union Street
Joshua Eaton School, 365 Summer Avenue
Town Hall, 16 Lowell Street
Alice M. Barrows School, 16 Edgemont Avenue
Reading Library, Local History Room, 64 Middlesex Avenue
Arthur W. Coolidge Middle School, 89 Birch Meadow Drive
The date of posting being not less than fourteen (14) days prior to November 13, 2000,
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 11, 2000.
A true copy. Attest:
Cher A. &Jon, Town Clerk
Daniel 'VV. Halloran Jr., Constable
1
SUBSEQUENT TOWN MEETING
(Seal)
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To any of the Constables of the Town of Reading, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to
notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and
Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road
in said Reading, on Monday, November.13, 2000, at seven-thirty o'clock in the evening, at
which time and place the following articles are to be. acted upon and determined
exclusively by Town Meeting Members in accordance with the provisions of the Reading
Home Rule Charter.
ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town
Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town
Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board,
Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees,
Community Planning & Development Commission, Conservation Commission, Town
Manager and any other Board or Special Committee.
Board of Selectmen
Background: Reports expected to be made under this Article include the following, not
necessarily in that order:
♦ Update on Town Finances
♦ RMLD Budget -
♦ . State of the Schools
♦ School Building Committee
♦ Progress - Reading Business Park
♦ Progress - Pearson Development
♦ Report on Community Preservation Act
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: Usually, Instructional Motions under this Article are not known at the time
of production of this report.
2
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 3 To see if the Town will vote to amend the FY 2001 - FY 2010,
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 Articles on the Subsequent Town Meeting Warrant that would
require any action under this Article. Therefore, it is likely that this Article will be tabled.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 4 To see if the Town will vote to amend one or more of the votes
taken under Article 13 of the Warrant of the Annual Town Meeting of April 24, 2000,
relating to the Fiscal Year 2001 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
FY 2001
BUDGET
TRANSFERS
Account
Descri tion
+
Cumulative
Comment
FINCOM
Rec.
C13
Technology - Expenses
$6,500
$6,500
Phone
9-0-0
D16
Legal - Expenses
$10,000
$16,500
Special Counsel
9-0-0
E12
Health - Salaries
$2,500
$19,000
DFS
9-0-0
E12
Elder Services - Salaries
$5,324
$24,324
M VES Agreem ent
9-0-0
E13
Elder Services - Expenses
$5,324 $19,000
MVES Agreem ent
9-0-0
G9
Fire - Salaries
$33,000 -$14,000
shift mechanic to DPW
9-0-0
H9
Public Works Salaries
$33,000
$19,000
shift mechanic to DPW
9-0-0
15
Building Maintenance
$40,000
$59,000
Town -Gas
9-0-0
J
School - Special Counsel
$53,000
$112,000
New school litigation
9-0-0
M8
Group Health/Life Ins.
$65,000
$177,000
9-0-0
M 8
M edicare/Social Security
$50,000
$227,000
9-0-0
M 8
W orker's Corn p
$30,000
$257,000
9-0-0
$295,324 $38,324
I
3
Background: There are a number of FY 2001 (current year's budget) lines that will need
modification. Several are proposed at this Town Meeting. Others will undoubtedly be needed s
at the Annual Town Meeting in April.
Finance Committee Report: The Finance Committee recommends the above budget
amendments for the FY 2001 budget at this time in recognition that these accounts need
additional funding. FINCOM also recognizes that there are additional transfers that will be
needed in the Spring for a number of accounts including Personnel expenses, Town Counsel,
Fire salaries, DPE salaries and expenses, possibly unemployment, and school sick leave
buyback because of the Teachers Early Retirement law. These additional expenses are less
defined at this time and are not recommended for transfer.
Bylaw Committee Report: No report.
ARTICLE 5 To see if the Town will vote to amend Sections 4.5.3, 4.5.4.4, 4.5.5,
4.5.6, 4.5.6.1, 4.5.6.2, and 4.5.6.3 of the General Bylaws of the Town which relate to various
fees collected or charged by the Town, by increasing any or all of the fees set forth in said
Sections, and to see if the Town will vote pursuant to section 5.6.7 of the General Bylaws to
increase fees for licensing dogs or take any other action with respect thereto.
Board of Selectmen
Background: As part of the Board of Selectmen commitment to balance the FY 2001 budget,
the Board of Selectmen agreed to raise several revenues totaling $100,000. Several revenue
measures have taken place including the lease of portions of the water tower on Auburn Street
to Sprint, establishment of facilities rental charges to non-governmental users, establishment of
a Community Access fee for the resident Depot parking and Compost Center, and this final one
for FY 2001 which will be an increase in the dog license fee.
Currently, dog license fees are $5 for spayed or neutered animals, and $10 for non-
spayed or neutered animals. The proposal is to increase those fees by $5 so that for spayed
and neutered animals, the fee will be $10 and for non-spayed or neutered animals, the fee will
be $15.
The proposed fees are consistent with fees in many surrounding communities. The total
increase in revenue will be $8700 per year.
Finance Committee Reports The Finance Committee recommends this Article by a vote of
9-0-0.
Bylaw Committee Report: Action pending.
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
4
- Background: The Massachusetts Highway Department has notified the Town that we will
be receiving $310,230.08 in Chapter 90 funds for highway construction. In order to begin
the process of design and scheduling projects in accordance with the Capital Improvements
Program, debt authorization for this amount is required. However, even though we. have
been doing this process for a number of years, the Town has never incurred this debt and
does not intend to do so this year. When the State notifies us that this money is an available
fund, an Article will be placed on the next Town Meeting Warrant to rescind this debt and
appropriate the money.'
Finance Committee Report: The Finance Committee recommends this Article by a vote of
9-0-0:
Bylaw Committee Report: No report.
ARTICLE 7 To see if the Town will vote to amend the General Bylaws of the
Town by adding the following Section 5.16 relating to Recreational Motorized Vehicles, or
take any other action with respect thereto:
"5.16 Recreational Motorized Vehicles
5.16.1 Definitions
5.16.1.1.1. Recreational Motorized Vehicle: A vehicle
capable of being propelled by gasoline, electricitylbaftery or
any other fuel type or source, including but not limited to
snowmobiles, all-terrain vehicles, mini-bikes, mopeds,
scooters and go-carts, but not including automobiles, buses
and trucks.
5.16.2 No recreational motorized vehicle shall be operated on any
street, public way, private way, sidewalk, public parking
area, or any other public property in the Town unless the
recreational motorized vehicle has been registered with the
Commonwealth of Massachusetts for such use and it is
being operated in accordance with the terms and conditions
of any such registration.
5.16.3 In addition to any other means of enforcement, the
provisions of this Bylaw may be enforced by non-criminal
disposition in accordance with the provisions of Section 5.11
of these Bylaws and Section 21D of Chapter 40 in the
General Laws."
Board of Selectmen
Background: This Article is proposed by the Reading Police Department in order to deal
with the so-called motorized scooters that are becoming popular. The State under motor
vehicle law does not yet regulate these scooters. The Department's concern is that these
scooters are sharing the public roadways with larger and faster cars and trucks, and many
of the vehicles are relatively fast, reaching speeds of up to 20 miles per hour. The
operators of the scooters are often under age and inexperienced in the use of motor
vehicles.
The Bylaw would not allow the vehicles on public streets and public property ,
unless the vehicle and the operator have a license. The Department suggests dealing
with the matter now before too many residents have an investment in the scooters.
Specific thought was given to adopting the regulation before the Christmas season. The
Bylaw affects motorized recreational vehicles only.
The Board of Selectmen has suggested the addition of a clarifying sentence to
5.16.2 that would make it clear that any regulations in existence regulating the use of
recreational vehicles on Town property, such as Town Forest and Conservation land
would not be modified by the adoption of this Bylaw.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of
4-0. The Bylaw Committee agrees with the intent of this Article which is to ban the use of
all recreational motor vehicles from use on Town property. The Bylaw Committee sees
this action as an interim rule pending the State legislature action on this issue.
ARTICLE 8 To see if the Town will vote to amend the Reading Home Rule
Charter by adding the following paragraph to Section 3-5 relating to the Municipal Light
Board, or take any other action with respect thereto:
"Where provisions of the General Laws of the Commonwealth require
the approval of warrants by the Municipal Light Board for the disburse-
ment of Municipal Light Department funds, the approval of the General
Manager of the Municipal Light Department and any one member of the
Municipal Light Board, as the same may be designated from time to time
by the Municipal Light Board, shall constitute sufficient approval. In the
absence of the General Manager, the Acting General Manager may so
approve warrants for the General Manager."
Reading Municipal Light Board
Background: The purpose of Article 8 is to improve business operations in the
Reading Municipal Light Department.
The Reading Municipal Light Department (RMLD) is an electric utility owned by
the Town of Reading. It is overseen by a five person elected Board (RMLB). The majority
of the business done by the RMLD is outside, the Town of Reading.
By legislative intent, many of RMLD functions are autonomous from the Town of
Reading while other functions such as management of free cash and writing checks still
lie with the Town.
Historically, a common method of exercising oversight was to impose explicit
written approval of all payroll and bills payable by the overseeing authority. The
Massachusetts Division of Revenue (MDOR) still takes the position that an overseer must
approve all expenditures unless there is an explicit agreement for some other process.
Over the years and again by legislative intent, the power to approve bills and
payrolls for the RMLD has been displaced from the Board to the General Manager. A
recent court decision explicitly states that the Board cannot deny a payment that has been
authorized by the GM.
6
( The Town Accountant, who must approve and act on all bills and payrolls
submitted by the RMLD, acts in part under authority of MDOR, and takes the position
that approval by a majority of the Board is required to release payment.
Thus, at this time, there is on the one hand a court decision saying that the
RMLB cannot prevent the payment of bills approved by the GM while on the other
hand, the MDOR and Town Accountant say that the RMLB must approve all bills
before payment.
The intent of the motion under Article 8 is to resolve the discrepancy of authority,
and to prevent unnecessary delays in getting three Board Members to sign off on the
warrants and payrolls.
If this Article is approved by a 2/3 vote of Town Meeting, it will then be placed on
the April 2001 Town Election ballot for a decision of the voters.
Finance Committee Report: The Finance Committee voted 3-5-1 not to support this
Article. The majority of the Board felt there was no economic reason to change the
Charter as proposed and it was not appropriate to be relaxing financial controls.
Bylaw Committee Report: The Bylaw Committee does not recommend this Article by a
vote of 3-1. Further action on this Article will be taken before Town Meeting assembles.
ARTICLE 9 To see if the Town will create a Human Relations Commission as
an agency of the Town to preserve and maintain the human rights of the citizens of the
Town and others having contact with the Town, to encourage an environment of
tolerance, understanding and harmonious racial, ethnic, religious, cultural and gender
relations within the Town and among its citizens, to enhance its ability to mediate
differences arising from the aforesaid relations and for that purpose amend Article 3 of the
General Bylaws by adding the following Section 3.9 or otherwise take any other
action with respect thereto:
3.9 Human Relations Commission
3.9.1 There shall be a Human Relations Commission consisting of nine (9)
members who reside in the Town or have their place of business in the Town of whom
three permanent members shall be as follows: one member shall be a member of the
Board of Selectmen, one member shall be the Chief of Police or his/her designee, and
one member shall be the Superintendent of Schools or his/her designee who may be a
teacher or a member of the School Department staff. The remaining members shall be
appointed by the Board of Selectmen for three year terms so arranged that as near as
possible an equal number of terms shall expire each year and to the extent possible be a
diverse and representative group drawn from the following fields: one representative of a
business other than the real estate business or a business association, one representative
of a real estate business or association, one member of the Reading Clergy Association
and three residents of the Town.
3.9.2 The Commission shall elect a Chair by majority vote of the members. A
majority of those members appointed and qualified from time to time shall constitute a
majority of the Commission and the Commission shall be authorized to act by a majority of
such appointed and qualified members notwithstanding any vacancy in the full
complement of membership set forth in 3.9.1. The Commission may invite to serve as
7
nonvoting members such voluntary consultants in the field of human relations or human
rights as it may choose from time to time. The Commission may expend such money as
shall be appropriated therefor and may accept such grants or voluntary contributions as
may be given or donated to it for its purposes. The Town Manager shall assign a liaison
representative to the Commission to arrange for staff support without the expenditure of
additional funds to the extent possible. The Commission shall meet at least bimonthly and
shall meet within ten days of a written request by not less than five (5) citizens of the
Town filed with the Town Clerk.
3.9.3 The mission of the Commission shall be to preserve and maintain the
rights of citizens and visitors to the Town and to promote an environment of tolerance,
understanding and harmonious racial, ethnic, religious, cultural and gender relations in the
Town of Reading and it shall work to prevent discrimination or the perception of
discrimination on the basis of color, age, gender, religion, disability, culture, national origin
or ancestry or sexual orientation within the Town or among its inhabitants and to that end
shall:
(a) Engage in out reach to such groups which may have
suffered from or been the object of such discrimination
or may perceive themselves to have been the object of
the same;
b) Provide a safe place where individuals or groups may
air their concerns or complaints as to the existence
of such discrimination or where concerns as to the
potential existence of such discrimination within the \
Town or community at large or the perception thereof
may be discussed;
(c) Identify perceived problems of such discrimination
or human relations conflicts within the Town and be
a resource or referral agency to assist the parties
or mediate among the parties so as, to the extent
possible, permit the resolution of the same at the
local level; and
(d) Promote and encourage understanding, tolerance
and diversity and the recognition of human and
civil rights in the Town and community and sponsor
educational programs and the celebrations of events
for that purpose.
Petition
Background: After much thoughtful evaluation, discussion and communication with other
towns and representatives of the Department of Justice, a group of concerned Reading
citizens, the Diversity Awareness Steering Committee. (DASC), drafted the proposed
Article to create a Human Relations Commission in Reading. They believe that the
proposed Commission would be an excellent forum for discussions of diversity, race and
related issues which are paramount issues in our nation and the community at large.
8
It would provide an official vehicle to identify opportunities for improving the
environment and perception of diversity in Reading. It would build on the dialogue
sessions which were successfully accomplished last Spring, and create a friendly
environment to discuss and attempt to resolve diversity issues which might arise before
they became misunderstood or exaggerated. Finally, it would be a major step in making
Reading a more welcoming community where all residents and visitors feel comfortable
and able to enjoy the opportunities the Town offers.
Over 250 citizens joined in the petition to adopt the proposed By-law
demonstrating that the idea of diversity awareness and human relations has broad
support in Reading. There has been positive feedback and support from the Reading
Clergy Association. The proponents feel that the proposed Human Relations Commission
will be a positive force in Reading and we urge that it be supported. The proposed
Commission will be mainly advisory, educational and a forum for discussion which it is
believed will involve minimal or little cost to the Town.
The motion that will be made under this Article will be slightly different than the
Article. The Board of Selectmen has recommended minor modifications:
To allow the Board of Selectmen to appoint a designee to the
Commission (3.9.1);
♦ To change the "shall" to "may" in the section that provides for
the Town Manager to provide a liaison to the Commission (3.9.2); and
To correct an inconsistency between the Article and the Reading Home
Rule Charter relative to the quorum for meetings of the proposed
Human Relations Commission, by deleting the second sentence in 3.9.2.
1
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of
4-0. The Bylaw Committee agrees that it is desirable to have a Human Relations
Commission to deal with conflicts of all types evolving from recent and continued
increases in human diversity. The Bylaw Committee has recommended to the originator
of the Article certain wording changes to make the Article more compatible with other
Bylaw sections; however, the recommendation on this Articles does not hinge on those
recommended changes.
ARTICLE 10 To see if the Town will vote to transfer the care, custody,
management and control of the first following described land or portions thereof from the
Board of Selectmen to the Conservation Commission for conservation, water supply and
recreation purposes; and to see if the Town will vote to authorize the Board of Selectmen
to file a petition to the General Court, if necessary, for a special act or for leave of the
General Court, pursuant to Articles 49 and 97 of the Articles of Amendment to the
Massachusetts Constitution, or any other enabling authority, authorizing the Town to
make the foregoing transfer of care, custody, management and control, or take any other
action with respect thereto.
Plat 171, Parcel 1, Board of Assessors' Map dated Jan. 1, 1972
on Symonds Way
Board of Selectmen
9
Background: During the process of development of the Symonds Way site with the
Burbank Arena and the baseball and soccer fields, extensive discussion took place with
the Conservation Commission on a number of issues. These included a request that the
Town turn over of the portion of the site that is not "up-land" to the. Conservation
Commission. Abutting properties are already owned by the Town in the name of the
Conservation Commission, and these non-upland portions of the Symonds Way site
would be added to those adjacent parcels.
The map in the Appendix to this report describes the parcel to be transferred to the
Conservation Commission for conservation and water supply purposes. Passive
recreation uses are automatically permitted on Conservation lands.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 11 To see if the Town will vote to accept the report of the Board of
Selectmen upon the laying out as a public way of the following described private way
under the provision of law authorizing the assessment of betterments, such highway being
laid out in accordance with plans duly approved by the Board of Selectmen and filed in the
Office of the Town Clerk in accordance with the statutory requirements, and that the Town
authorize the Board of Selectmen to take such land in fee or rights of easement therein by
eminent domain, under the provisions of Chapter 79 of the General Laws, as amended, or
acquire said land in fee or rights of easement therein by purchase, gift or otherwise and to
assess betterments therefor and to see if the Town will vote to accept the public way laid
out by the Board of Selectmen, and to see what sum the Town will raise by borrowing, or f
from the tax levy, or transfer from available funds, or otherwise, and appropriate for the
acquisition of said land or easements therein or for payment of any eminent domain
damages and for the construction of said way, or take any other action with respect
thereto.
Proposed Public Way: Sunset Rock Lane
Board of Selectmen
Background: This Article authorizes the Board of Selectmen to accept Sunset Rock
Lane as a Public Way. The construction of Sunset Rock Lane is substantially complete.
At this time, the work remaining on the subdivision includes loam and seed, tree planting,
the reconstruction of a small masonry wall and general cleanup. There are sufficient
funds in the remaining bond to complete these items. A public hearing with the abutters is
scheduled for October 25, 2000. The Developer has maintained fee ownership of the
road and, therefore, the estimated betterment cost for acceptance of the roadway is
$1.00.
Finance Committee Report: The Finance Committee recommended this Article by a
vote of 8-0-0.
Bylaw Committee Report: No report.
10
ARTICLE 12 To see if the Town will vote to authorize the Boar o Selectmen to
convey and/or abandon certain sewer, drainage and/or water rights and easements in
Reading, Middlesex County, MA located on land situated off of Walkers Brook Drive and
Newcrossing Road which easements are shown on a plan entitled: Reading Sewerage
System, Plan Showing Easements on Main Interceptor from Ash Street to John Street,
dated March, 1917; to determine the minimum amount to be paid for such conveyance
and/or abandonment; and to authorize the Board of Selectmen to convey or abandon all
or any part of said rights and easements for such amount or a larger amount, and upon
such other terms and conditions as the Board of Selectmen shall consider proper and to
deliver a deed or deeds therefor if necessary; or take any other action with respect
thereto.
Board of Selectmen
Background: As part of the construction of the new Walkers Brook Drive and
Newcrossing Road sewers, several old sections of sewer will be abandoned. The sewers
to be abandoned currently run across private properties and have easements associated
with them.
Since the sewers through these easements will no longer be in use, there is no
need to maintain the easements. Therefore, the Department of Public Works recommends
that the portions of the easements no longer needed be abandoned and returned to the
affected property owners. Two of the affected property owners have granted the Town
separate easements to construct the new sewer. As part of our agreements with those
property owners, we have agreed to place this Article on the Warrant to abandon the old
easements in exchange for the new easements.
This Article authorizes the Board of Selectmen to abandon portions of these
easements when the construction of the new sewer is complete.
Finance Committee Report: No report.
Bylaw Committee Report: No report.
ARTICLE 13 To see if the Town will vote to amend Section 6.3.1.1.a. of the
Zoning By-Laws relating to non-conforming lots by adding at the end thereof the following
two sentences:
"Acquisition for a public purpose shall include an acquisition
of a portion of a lot by a private or public entity for a public
purpose under applicable law including, without limitation,
roadway improvements. Such acquisition may be made
by private conveyance or a public taking."
so that said Section 6.3.1.1.a. shall read as follows, or take any other action with respect
thereto.
"6.3.1.1.a. Any lot that has been built upon may be changed in
size or shape so as to create or increase violations of the area, yard
or coverage provisions of this By-Law, only if such change is due to
an acquisition of a portion of the lot for a public purpose. Acquisition
for a public purpose shall include an acquisition of a portion of a lot
11
by a private or public entity for a public purpose under applicable law
including, without limitation, roadway improvements. Such acquisition
may be made by private conveyance or a public taking."
Community Planning and Development Commission
Background: The. amendments in Articles 13 and 14 seek to provide basic zoning
protection for reconstruction rights to property owners who convey land for a public
purpose, and specifically if that conveyance renders the building non-conforming as to
setback. Currently, under zoning, if a structure on a property is non-conforming as to
setback, and if the building is destroyed through natural causes or by fire, the ability to re-
build at the same location on the lot is subject to approval by the Board of Appeals.
These amendments create an allowance so that if the building is destroyed as
noted, and if the setback violation causing the non-conformity was the result of a previous
conveyance of property for public purpose, then a re-construction could occur as, of right
and thus not require review and approval from the Board of Appeals.
Note that special conditions apply to the allowance as in location (Business A)
where this is intended and, further, note conditions upon the reconstruction.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of
4-0. The Bylaw Committee agrees with the intent of this Article to reduce costs to the
Town in cases where alterations to public ways are required for private development.
CPDC Report: The CPDC recommends this Article by a vote of 3-0. The
recommendation is based upon the following: The proposed language seeks to provide
basic zoning protection to properties who have forfeited property for the general public
good, and thus meets a standard test of equity under land use protection.
ARTICLE 14 To see if the Town will vote to amend Section 6.3. of the Zoning By-
Laws relating to non-conforming conditions by adding at the end thereof the following as
Section 6.3.4., or take any other action with respect thereto.
"6.3.4. Restoration of Non-Conforming Structures Located in the
Business A District:
6.3.4.1. A structure located in the Business A District and located
on a lot with frontage on a state-controlled highway which has become
dimensionally non-conforming as a result of an acquisition of a portion
of the lot for a public purpose as defined in Section 6.3.1.1.a. above
and which has been damaged by fire, flood or other casualty or by
vandalism, may be rebuilt and restored without conformance to the
then current provisions of this By-Law, provided that the reconstructed
structure:
a. Is built entirely within the footprint of the damaged structure;
b. Does not exceed the height of the damaged structure; and
c. Has a gross floor area not in excess of the damaged structure."
Community Planning and Development Commission -
12
Background: Please see background material in Article 13.
Finance Committee Report: No report.
Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of
4-0 with a clarification that the reconstruction is permitted if the fire, flood or other casualty
happens subsequent to the acquisition of land for a public purpose, that then makes the
structure non-conforming. The Bylaw Committee agrees that this is an important
protection rights for certain property owners. The Bylaw Committee further recommends
that for future consideration, the Town consider expanding this protection to all properties
in the Town.
CPDC Report: The CPDC recommends this Article by a vote of 3-0. This language
includes the recommended change by the Reading By-Law Committee. The
recommendation is based upon the following: The proposed language seeks to provide
basic zoning protection to properties who have forfeited property for the general public
good, and thus meets a standard test of equity under land use protection.
13
and you are directed to serve this Warrant by posting an attested copy thereof in at least
one (1) public place in each precinct of the Town not less than fourteen (14) days prior to
November 13, 2000, 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 26th day of September, 2000.
7SMafthn w Cummings
Y M. Hoyt
Y
SELECTMEN OF READING
Dani W. Hallora Jr., Constable
14
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16 ARTICLE 11
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ARTICLE -12
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
Annual Meeting in Spring which is
primarily for fiscal matters and
acceptance of the annual budget,
and the Subsequent Meeting in
November. Special Town Meetings
may be called at any time that the
need arises.
♦ There are three main committees
which review certain Articles and
advise Town Meeting of their
recommendations:
Finance for all expenditures of funds;
Bylaw for all bylaw changes; and the
Community Planning and
Development Commission for all
zoning changes.
Their reports are given prior to dis-
cussing the motion.
GENERAL RULES OF PROCEDURE
♦ The Meeting is conducted through
the Warrant Articles which are
presented (moved) as motions.
Only one motion may be on the floor
at a time; however, the motion may
be amended. Often two or more
Articles which address the same
e Members who wish to speak shall
rise, state their name and precinct,in
order to be recognized.
♦ A Member may speak for ten (10)
minutes but permission must be
asked to exceed this limit.
♦ Seven (7) Members can question a
vote and call for a standing count
and twenty (20) can ask for a roll call
vote; however, a roll call vote is
seldom used because of the time it
takes.
PRINCIPAL MOTION ENCOUNTERED
AT TOWN MEETING
The following motions are the principal
ones used in most cases by Town
Meeting to conduct its business.
Experience shows that the Members
should be familiar with these.
♦ Adjourn: Ends the sessions, can be
moved at anytime.
♦ Recess: Stops business for a short
time, generally to resolve a
procedural question or to obtain
information.
18
♦ Lay on the Table: Stops debate
o Question of Privilege: Sometimes
with the intention generally of
used to offer a resolution. Should
bringing the subject up again later.
not be used to "steal" the floor.
May also be used to defer action on
an Article for which procedurally a
♦ Point of Order: To raise a question
negative vote is undesirable.
concerning the conduct of the
Note that tabled motions die with
Meeting.
adjournment.
♦ Point of Information: To ask for
♦ 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.)
19
r~
l
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
1 date designated as the date to hold the
The Board of Selectmen shall give
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-
( 1 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
20
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
monetary or equitable interest in any
matter under discussion at a Town
Meeting and any person employed by
another having such an interest, shall
disclose the fact of his interest or his
employer's interest before speaking
thereon.
21
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
22
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
23
precinct shall hold an annual precinct
meeting after the Annual Town Election
but before the convening of the
business sessions of the Annual Town
Meeting.
The purpose of the meeting shall be the
election of a Chairman and a Clerk and
to conduct whatever business may be
appropriate. Chairman shall serve no
more than six (6) consecutive years in
that position. Additional precinct meet-
ings may be called by the Chairman or
by a petition of six (6) Town Meeting
Members of the precinct.
Section 2.2.7 Removal of Town
Meeting Members
2.2.7.1 The Town Clerk shall
mail, within thirty (30) days after the
adjournment sine die of a Town
Meeting, to every Town Meeting
Member who has attended less than
one half (1/2) of the Town Meeting
sessions since the most recent Annual
Town Election, a record of his attend-
ance and a copy of Section 2-6 of the
Charter.
2.2.7.2 Town Meeting Members
of each precinct shall consider at a
precinct meeting to be conducted in
accordance with Section 2.2.6 of these
Bylaws and Section 2-6 of the Charter,
preceding the consideration of the
Article placed upon the Annual Town
Meeting Warrant in accordance with
Section 2-6 of the Charter, the names of
Town Meeting Members in that precinct
appearing on said Warrant Article and
adopt recommendations to Town
Meeting as to what action should be
taken regarding each such Member.
The Chairman of each precinct or his
designee shall make such recommend-
ations along with supporting evidence
and rationale to Town Meeting.
2.2.7.3 The names of the
Members subject, to removal in
accordance with Section 2-6 of the
Charter shall be grouped by precinct in
the Warrant Article required by said
Section.
Section 2.2.8 Meetings During
Town Meeting
No appointed or elected board,
commission, committee or other entity of
Town Government shall schedule or
conduct any hearing, meeting or other
function during any hours in which an
Annual, Subsequent or Special Town
Meeting is in session or is scheduled
to be in session.
Any such board, commission or
committee which schedules or holds a
meeting or hearing on the same
calendar day but at a time prior to a
session of Town Meeting shall adjourn
or recess not less than five (5) minutes
prior to the scheduled session of Town
Meeting.
Any board, commission or committee
may, at the opening of any session of
Town Meeting, present to that Town
Meeting an instructional motion request-
ing an exemption from this Bylaw and
asking that Town Meeting permit it to
meet at a date and hour at which a
future session of Town Meeting is
scheduled and may present reasons for
Town Meeting to give such permission.
Notwithstanding the foregoing, any
board, commission or committee which
meets the requirements of Section 23B
of Chapter 39 of the General Laws
concerning emergency meetings may,
upon meeting such requirements,
conduct such a meeting or hearing at a
time scheduled for a Town Meeting.
24