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Home My WebLink About1998-09-14 Special Town Meeting Warrant ReportTown of Reacting , I a.ssachusetts %9 INCA' S —Report on the Warrant SpecRai own beefing Septe 'ber 14, 1998 F. eC \ \- '/ SPECIAL TOWN MEETING SEPTEMBER 14� 1998 TABLE OF CONTENTS Article Title Sponso Page I Reports Board of Selectmen 2 2 Instructions Board of Selectmen 2 3 Amend Capital Improvements Program Board of Selectmen 3 4 Amend Zoning Adult-Use CPDC 3-5 5 Accept Donation — Plat — Lot — Brande Court Board of Selectmen 5,6 Capital Improvements Plan 8-12 Maps — Zoning Adult-Use 13,14 Maps — Accept Donation — Brande Court 15,16 THE 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 Roberts 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. • 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 discussing the motion. GENERAL RULES OF PROCEDURE • The Meeting is conducted through the Warrant Articles which are presented (moved) as motions. Only one motion may be on the floor at a time; however, the motion may be amended. Often two or more Articles which address the same 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. • 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 MOTIONS 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 any time. Recess: Stops business for a short time, generally to resolve a procedural question or to obtain information. • Lay on the Table: Stops debate with the intention generally of bringing the subject up again later. May also be used to defer action on an Article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. • Move the Previous Question: Upon acceptance by a two-thirds (2/3) vote, stops all debate and brings the subject to a vote. This is generally the main motion, or the most recent amendment, unless qualified by the mover. The reason for this as provided in Roberts Rules of Order is to allow for other amendments should they wish to be presented. • Amend: Offers changes to the main motion. Must be in accordance with the motion and may not substantially alter the intent of the motion. In accordance with Robert's Rules of Order, only one primary and one secondary motion will be allowed on the floor at one time, unless specifically accepted by the Moderator. • Indefinitely Postpone: Disposes of the Article without a yes or no vote. • Take from the Table: Brings back a motion which was previously laid on the table. • Main Motion: The means by which a subject is brought before the Meeting. THE FOLLOWING MOTIONS MAY BE USED BY A MEMBER FOR THE PURPOSE NOTED • Question of Privilege: Sometimes used to offer a resolution. Should not be used to "steal" the floor. • Point of Order: To raise a question concerning the conduct of the Meeting. • Point of Information: To ask for information relevant to the business at hand. MULTIPLE MOTIONS SUBSEQUENT (MULTIPLE) MOTIONS If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has 11 previously been put to a vote and defeated, it will be viewed by the Moderator as reconsideration and will not be accepted. If the subsequent motion contains distinctly new material which is within the scope of the Warrant Article, then it will be accepted. An example of this latter situation is successive line items of an omnibus budget moved as a block. SUBJECT TO THE FOLLOWING CONSIDERATIONS • The maker of any proposed multiple motion shall make their intent known, and the content of the motion to be offered shall be conveyed to the Moderator - prior to the initial calling of the Warrant Article. • Once an affirmative vote has been taken on the motion then on the floor - no further subsequent alternative motions will be accepted. (Obviously does not apply to the budget, for example.) • Also - There can only be one motion on the floor at any one time. You have the ability to offer amendments to the motion that is on the floor. You also have the ability to move for reconsideration. TOWN OF READING BYLAWS ARTICLE 2: TOWN MEETINGS 2.1 General Section 2.1.1 The Annual Town Meeting shall be held on the third Tuesday preceding the second Monday in April of each year for the election of Town officers and for other such matters as required by law to be determined by ballot. Notwithstanding the foregoing, in any year in which presidential electors are to be elected, the Board of Selectmen may schedule the commencement of the Annual Town Meeting for the same date designated as the date to hold the Presidential Primary. Section 2.1.2 The polls for the Annual Town Meeting shall be opened at 7:00 a.m. and shall remain open until 8:00 p.m. Section 2.1.3 All business of the Annual Town Meeting, except the election of such Town officers and the determination of such matters as required by law to be elected or determined by ballot, shall be considered at an adjourn- ment of such meeting to be held at 7:30 p.m. on the second Monday in April, except if this day shall fall on a legal holiday, in which case the Meeting shall be held on the following day or at a further adjournment thereof. Section 2.1.4 A Special Town Meeting called the Sub- sequent Town Meeting shall be held on the second Monday in November, except if this day shall fall on a legal holiday, in which case the Meeting shall be held on the following day. The Subsequent Town Meeting shall consider and act on all business as may properly come before it, except the adoption of the annual operating budget. Section 2.1.5 Adjourned sessions of every Annual Town Meeting after the first such adjourned session provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meet- ing, shall be held on the following Thursday at 7:30 p.m. and then on the following Monday at 7:30 p.m. and on consecutive Mondays and Thursdays, unless a resolu- tion to adjourn to another time is adopted by a majority vote of the Town Meeting Members present and voting. Section 2.1.6 The Board of Selectmen shall give notice of the Annual Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or mailing an attested copy of said Warrant to each Town Meeting Member. Section 2.1.7 All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the date of election of Town officers, unless this day is a holiday in which case the following day shall be substituted. iii All Articles for the Subsequent Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in which case the following day shall be substituted. Section 2.1.8 The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall imme- diately 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 recognized by the Moderator, shall state his name and precinct, shall confine himself to the ques- tion 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: No Town Meeting Member or other person shall speak on any question more than ten (10) minutes without first obtain- ing 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 per- mission 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 consideration have first been given an opportunity to do so. Rule 9: Members of official bodies who are not Town Meeting Members shall have the same right to speak, but not to vote, as Town Meeting Members on all matters relating to their official bodies. iv Rule 10: No speaker at a Town Meeting shall be interrupted except by a. Member making a point of order or privileged motion or by the Moderator. Rule 11: Any person having a monetary or equitable interest in any matter under dis- cussion at a Town Meeting and any person employed by another having such an interest, shall disclose the fact of his interest or his employees interest before speaking thereon. Rule 12: The Moderator shall decide all questions of order subject to appeal to the meeting the question on which appeal shall be taken before any other. Rule 13: When a question is put, the vote on all matters shall be taken by a show of hands, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the show of hands, or if his decision is immediately questioned by seven (7) or more Members, he shall determine the question by ordering a standing vote and he shall appoint tellers to make and return the count directly to him. On request of not less than twenty (20) members, a vote shall be taken by roll call. Rule 14: All original main motions having to do with the expenditure of money shall be presented in writing, and all other motions shall be in writing if so directed by the Moderator. Rule 15: No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the subject of the original motion shall be enter- tained. 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 aforesaid several motions shall have pre- cedence 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 b ' F e put n 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. Ifr 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 attendance at all Town Meetings for the information thereof while any subject matter is under consider- ation affecting such official body. Section 2.2.3 All committees authorized by Town Meeting shall be appointed by the Moderator LIA 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 dis- charged 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 adjourn- ment of the Meeting at which the vote was passed but such motion to reconsider shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed or by written notice to the Town Clerk within twenty-four (24) hours after the adjournment of such session. When such motion is made at the session of the meeting at which the vote was passed, said motion shall be accepted by the Moderator but consideration thereof shall be postponed to become the first item to be considered at the next session unless all remaining Articles have been disposed of, in which case reconsideration shall be considered before final adjournment. The * re 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 reconsideration may include discussion of the motion being re- considered 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 recon- sideration 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 recon- sider 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 Meet- ing 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 prac- ticable, at least one (1) day before the time of the next following session of said Adjourned Meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said Adjourned Meeting. The foregoing notice provisions shall not apply when a motion to reconsider any Town Meeting action is made publicly at Town Meeting before the adjournment of any session of any adjourned Town Meeting. Section 2.2.5 The Selectmen shall, at each Annual Town Meeting, give to the Members information of the State of the Town. Section 2.2.6 The Town Meeting Members and Town Meeting Members-Elect from each precinct shall hold an annual precinct meeting after the Annual Town Election but before the convening of the business sessions of the Annual Town Meeting. The purpose of the meeting shall be the election of a Chairman and a Clerk and to conduct whatever business may be appropriate. Chairman shall serve no more than six (6) consecutive years in that position. Additional precinct meetings may be called by the Chairman or by a petition of six (6) Town Meeting Members of the precinct. Section 2.2.7 Removal of Town Meeting Members 2.2.7.1 The Town Clerk shall mail, within thirty (30) days after the adjournment sine die of a Town Meeting, to every Town Meeting Member who has attended less than one half (1/2) of the Town Meeting sessions since the most recent Annual Town Election, a record of his attendance and a copy of Section 2-6 of the Charter. LN 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 consider- ation 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 recommenda- tions 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 govem- ment shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such board, commission or committee which schedules or holds a meeting or hearing on the same calendar day but at a time prior to a session of Town Meeting shall adjourn or recess not less than five (5) minutes prior to the scheduled session of Town Meeting. Any board, commission or committee may, at the opening of any session of Town Meeting, present to that Town Meeting an instructional motion requesting an exemption from this Bylaw and asking that Town Meeting permit it to meet at a date and hour at which a future session of Town Meeting is scheduled and may present reasons for Town Meeting to give such permission. Notwithstanding the foregoing, any board, commission or committee which meets the requirements of Section 23B of Chapter 39 of the General Laws concerning emergency meetings may, upon meeting such require- ments, conduct such a meeting or hearing at a time scheduled for a Town Meeting. Vii COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, 1, on August 27, 1998 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, 67 Pleasant 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 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive The date of posting being not less than fourteen (14) days prior to September 14, 1998, the date set for the Special 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 August 31, 1998. Daniel W. Halloran, Constable A true copy. Attest: eryl A ,�Iohhson, Ttbwn Clerk SPECIAL 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, September 14, 1998, 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, Town Manager and any other Board or Special Committee. Board of Selectmen Background: This Article appears on the Warrant for every Town Meeting pursuant to an instructional motion by Town Meeting. There are no known reports that will be given under this Article. Reports will be given under Articles 3, 4 and 5 relative to each of those Articles. Bylaw Committee Report: No report. Finance 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 all Town Meetings pursuant to an instructional motion by. Town Meeting. There are no known instructional motions at the time of production of this report. This Article is usually left until the conclusion of the business of the Town Meeting. Bylaw Committee Report: No report. Finance Committee Report: No report. 2 ARTICLE 3 To see if the Town will vote to amend the 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: Town Bylaw requires that prior to the expenditure of any funds for capital improvements, the project for which expenditures are being made must be included in the Capital Improvements Program. The purpose of Article 5, the acceptance of a gift of land and the development of an addition to the Brande Court municipal parking lot, requires the expenditure of an estimated $48,000 in municipal funds. Although there is a project listed — PW-R-14 — Downtown Improvements, that project is envisioned to be the larger improvement project that includes Main Street improvements. The project to be added — PW-R-15— Parking Improvements in the amount of $48,000 with funding from appropriations, will fund the project envisioned under Article 5. The funds are available from revenues in FY 1999 greater than anticipated when the FY 1999 budget was adopted. Bylaw Committee Report: No report. Finance Committee Report; Action pending. The Finance Committee will give a report on this Article at the September 14 session. ARTICLE 4 To see if the Town will vote to amend the Reading Zoning By- Laws by amending Section 4.3.4. Adult Uses as follows, or take any other action with respect thereto: Amend Paragraph 4.3.4.3. by deleting the word "may" and substituting therefor the word "shall"; and by deleting the phrase ", with such conditions as it deems appropriate for the protection of public health, safety, and welfare," in the second sentence thereof, so that Paragraph 4.3.4.3. shall read: "No Adult Use shall be allowed except by a Special Permit granted by the Board of Appeals. The Board of Appeals shall grant a Special Permit for an Adult Use in any district permitting such use only if the use is found by the Board of Appeals to comply with the following standards and procedures:" 2. Amend subparagraph 4.3.4.3.1.a. by deleting the phrase "seven hundred fifty (750) feet' and substituting therefor the phrase "one hundred (100) feet", so that subparagraph 4.3.4.3.1.a. shall read: "a. Within one hundred (100) feet of a boundary line of a residential zoning district;" 3. Amend subparagraph 4.3.4.3.1.b. by deleting the phrase "seven hundred fifty (750) feet of a lot line of any lot containing" and substituting therefor the phrase "five hundred (500) feet of any structure containing, at the time of Special Permit application,"; by deleting the phrase "park, playground"; and by adding at the end of the subparagraph the phrase "or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit application; so that subparagraph 4.3.4.3.1.b. shall read; "b. Within five hundred (500) feet of any structure containing, at the time of Special Permit application, a church, public school, private kindergarten or school, licensed day-care facility, public library, cultural facility, museum, elderly housing, assisted living facility, nursing home, or adult day-care facility; or within five hundred (500) feet of the lot line of a park or playground existing at the time of Special Permit application;" 4. Amend subparagraph 4.3.4.3.1.c. by deleting the phrase "seven hundred fifty (750) feet of a lot line of any lot containing" and substituting therefor the phrase "five hundred (500) feet of any structure containing, at the time of Special Permit - application," so that subparagraph 4.3.4.3.1.c. shall read: Uc. Within five hundred (500) feet of any structure containing, at the time of Special Permit application, an establishment licensed under the provisions of Section 12 of Chapter 138 of the General Laws;" 5. Amend subparagraph 4.3.4.3.1.d. by adding the phrase "structure containing any" between the word "any" and the word "other", so that subparagraph 4.3.4.3.1.d. shall read: "d. Within five hundred (500) feet of any structure containing any other Adult Use." 6. Delete subparagraph 4.3.4.3.2.b. and renumber the remaining sub_ sequent subparagraphs in Paragraph 4.3.4.3.2. 7. Amend renumbered subparagraph 4.3.4.3.2.b. (former subparagraph 4.3.4.3.2.c.) by deleting the second sentence thereof, so that subparagraph 4.3.4.3.2.b. shall read: "b. Parking and Loading: On-site parking and loading shall be provided in accordance with the requirements set forth in Section 6.1. of these By-Laws as pertains to retail stores, offices and consumer service establishments." Community Planning and Development Commission Background: Town Meeting approved an Adult-Use Zoning By-Law at a Special Town Meeting in September 1996. The Town immediately proceeded to enforce the Bylaw and the enforcement resulted in court action. The Court ultimately upheld much of the Town's Bylaw but found two areas deficient: 1. Under the Bylaw, the Court found that the Zoning Board of Appeals was given too much discretion in the granting of a special permit. Section 4.3.4.3. will be amended to change the word "may" to the word "shall" and other changes as detailed in Section 1 of the Article; .9. 2. The Court found that the previous Bylaw did not realistically provide for an adult use to locate in the Industrial Zoning District where such uses are permitted by a special permit, largely because of the size of the Industrial Zoning District, and because of the 750 foot required setbacks. Sections 2-5 of the amendments deal with the setback issue, primarily by reducing the setback to 100 or 500 feet. Sections 6 and 7 of the amendments delete material considered duplicative. The maps at the end of this report show the proposed changes. CPDC Report: CPDC has had hearings and work sessions on this matter, and a final public hearing is scheduled for August 31, after this report has been made available to Town Meeting. CPDC has worked with Town Counsel for several months since the judge's ruling, to address deficiencies that the court found in the previous Adult-Use Bylaw. CPDC will make a full presentation on this Article, including the results of the August 31 hearing, at the September 14 Town Meeting. Bylaw Committee Report: Action pending. A report will be given at the September 14 session when this Article is presented. Finance Committee Report: No report. ARTICLE 6 To see if the Town will vote to accept a gift of the parcel of property currently known as and numbered 12-14 Brande Court consisting of 3,836 square feet of land and being shown as Lot 10 on Reading Board of Assessors' Rev. Jan. 1, 1972 Map 63 currently believed to be owned by John Lamond, Trustee of Merrimac Valley Holding Trust, for municipal public parking purposes, subject to the conditions of the gift that the Town remove the existing dwelling from the property and grade it so as to allow public parking by the end of 1998 and to provide a finished, paved municipal parking lot on the property for public use by the end of 1999; and to see what sum the Town will raise by borrowing, or from the tax levy or transfer from available funds, or otherwise, and appropriate to pay for removing the dwelling from the property and constructing a public parking lot; and to authorize the Board of Selectmen to enter into agreements with private parties or state and federal agencies for financial and other assistance in connection with such gift, and to do all other acts and things necessary and proper for carrying out the purpose of this vote, or take any other action with respect thereto. Board of Selectmen Background: The property at 12-14 Brande Court, known as Map 63, Lot 10, has been purchased by the owner of the Atlantic Supermarket for the sum of $170,000, and he has offered the property as a donation to the Town of Reading to be used as a municipal parking lot. The property is 3,836 square feet of land, and lies to the west of and adjacent to the municipal lot on Brande Court. The following information may be helpful to Town Meeting in deciding whether to accept Mr. Rubin's offer of the donation: 1. The donation is for a municipal parking lot, with the requirement that it is made available for parking by the end of this year (probably as a gravel lot), and that paving is finished next year; 2. The property is in a commercial zoning district, and is adjacent to the existing Brande Court municipal parking lot; 3. A preliminary layout shows that this property, added to the existing municipal parking lot, will yield 12 to 14 additional parking spaces; 4. There is an existing building on the property which would have to be moved or demolished; 5. The cost of demolition and constructing the parking lot on the site, using Town labor where possible, would be approximately $48,000; 6. The parking lot to be constructed would be the quality of development that the Town has established as a standard, including granite curbing, lighting, fencing and landscaping; 7. Mark Eyerman from Planning Decisions, the Town of Reading consultant on downtown economic development, has indicated that for the 145,000 square feet of commercial development in the Lower Haven Street area a bare minimum of 250 parking spaces are required. Currently, there are approximately 200 spaces in that area including the municipal lot, short-term parking on High Street, on-street parking, and private parking spaces. The utilization ratio is 90%, and additional parking fo r the existing businesses is needed; 8. While the detailed design has not been completed, the cost estimates are for a good quality of design reflecting the desires of the community and in keeping with the downtown revitalization plans. Town Meeting will be asked to approve this which will accept the donation of the land, and which will fund the construction of the lot. The Town will then be able to meet a commitment to develop the parcel within the time frame required. Maps showing the location and sample layout are attached. Bylaw Committee Report: No report. Finance Committee Report: Action pending. The Finance Committee will give a report on this Article at the September 14 session M 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 September 14, 1998, 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 rrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 25th day of August, 1998. W. 8 ce MacDonald, Chairman ally M. H Vice Ch i an thew J jNtor, Secretary Camille W. Anthony I /6- .7 Z�/ L, George V. Hines SELECTMEN OF READING Daniel W. Halloran, Constable A true copy. Attest: heryl A. John n, Town Clerk PROJECT DESCRIPTION ---------------------------- B-S-09 REMOVE /REPLACE OIL B-S -14 RMHS RENOVATION B -S -15 KILLAM RENOVATION B-S-17 ELEMENTARY BUILDING B-T-04 DPW MAINT. EXPANSIO B-T-05 DPW FUEL REPLACEMEN B-T-07 DPW GAR. MEZZANINE B -T -08 ROOF REPAIRS B -T-11 TOWN FACILITY MAINT 8-T-12 TOWN HALL MASONRY W B -T-12 WINDOW REPAIR /REPLA B-T-14 LIBRARY RENOVATIONS CD- -01 ACQUIRE OPEN SPACE CD- -01 ACQUIRE OPEN SPACE/ CD- -02 PRESERVE LOBS POUND 'D- -02 PRESERVE LOBS POUND FN- -01 REPL DATA PROC EQ -A FN- -01 REPL DATA PROC EQ-E SUBTOTAL FINANCE GS- -04 FLEXIBLE ACCOUNT GS- -05 OPTICAL IMAGING SYS GS- -06 NEIGHBORHOOD IMP. P HS- -01 ELDER SERVICES VAN ARTICLE 3 TOWN OF READING MASSACHUSETTS TEN YEAR CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 1999 THROUGH 2008 PRINTED 27-AUG -98 FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 TOTAL ------------------------------------------------------------------------------------------------- 40.0 U 40.0 A 40.0 A 50.0 A 170.0 30000. CO 30000.0 3000.0 D 3000.0 300.0 D 7390.0 D 7690.0 ----- - - -- -- ------ ---- -- -- ---- ---- -- - --- -- - - -- -- -- - - -- ------ -- -- - - - -- 340.0 7390.0 40.0 3000.0 40.0 50.0 30000. 40860.0 40.0 A 500.0 D 540.0 60.0 A 60.0 10.0 U 10.0 30.0 A 30.0 50.0 A 80.0 A 35.0 A 12.0 A 75.0 A 15.0 A 50.0 A 17.0 A 30.0 A 30.0 A 394.0 65.0 A 65.0 10.0 A 10.0 A 25.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 115.0 27.0 A 27.0 ----- -- ---- ------ ------ --- --- ------ ------ - ----- ------ ------ --- ------ 222.0 130.0 560.0 22.0 85.0 25.0 90.0 27.0 40.0 40.0 1241.0 40.0 U 40.0 A 40.0 A 40.0 R 40.0 R 200.0 60.0 G 60.0 G 60.0 G 60.0 G 240.0 40.0 100.0 100.0 100.0 100.0 440.0 80.0 A 64.0 A 48.0 A 48.0 A 48.0 A 48.0 A 48.0 A 48.0 A 48.0 A 48.0 A 528.0 20.0 E 16.0 E 12.0 E 12.0 E 12.0 E 12.0 E 12.0 E 12.0 E 12.0 E 12.0 E 132.0 ----- ------ ------ ------ ------ ------ ---- -- ------ --- --- ------ --------- 100.0 80.0 60.0 60.0 60.0 60.0 60.0 60.0 60.0 60.0 660.0 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 10.0 A 100.0 41.0 A 41.0 48.0 R 48.0 R 48.0 R 48.0 R 55.0 R 55.0 R 55.0 R 55.0 R 55.0 R 63.0 R 530.0 - - --- ------ - ----- ------ ------ -- - - -- ---- -- ------ --- --- - -- - -- --------- 58.0 99.0 58.0 58.0 65.0 65.0 65.0 65.0 65.0 73.0 671.0 58.0 A 61.0 A 119.0 ----- - - - - -- - ----- --- - -- - -- - -- --- --- - -- --- - -- --- - - - --- -- - - -- - -------- 58.0 61.0 119.0 LB- -01 LIBRARY COMPUTERS 19.3 A 51.8 A 6.5 A 7.1 A 24.2 A LB- -02 CIRCULATION SYSTEM 21.5 A LB- -03 LIBRARY FURNISHINGS 10.5 A 5.4 A 5.6 A 5.9 A LB- -03 MATERIALS FLOW SYST 50.0 A LB- -04 CIRCULATION DESK 10.5 A 0 6.0 A 114.9 21.5 6.2 A 33.6 50.0 10.5 9 ARTICLE 3 TOWN OF READING MASSACHUSETTS TEN YEAR CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 1999 THROUGH 2008 PRINTED 27- AUG-98 PROJECT ------------------------------------------------------------------------------------------------------------------------------- DESCRIPTION FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 - FY07 F,Y08 TOTAL SUBTOTAL LIBRARY 19.3 92.5 57.2 6.5 5.6 7.1 30.1 12.2 230.5 PS -F -07 REPLACE FIRE PUMPER 261.6 A 261.6 PS -F -08 REPLACE AMBULANCE 110.7 A 142.4 A 253.1 PS-F -10 REPLACE CHIEF'S VEH 33.0 A 33.0 PS-F-15 PURCH SKID PUMP UNI 9.3 A 9.3 PS-F-17 REPLACE FIRE HOSE 10.7 A 10.7 PS-F -18 REHAB ENGINE 3 16.8 A 16.8 SUBTOTAL FIRE 16.8 372.3 53.0 142.4 584.5, PS -P-02 REPLACE RADIO EQUIP 5.0 A 5.0 A 5.0 A 5.0 A 5.0 A .5.0 A 5.0 A 5.0 A 5.0 A 5.0 A 50.0 PS -P -03 POLICE COMPUTERS 8.8 A 25.0 A 33.8 SUBTOTAL POLICE 5.0 13.8 5.0 5.0 30.0 5.0 5.0 5.0 5.0 5.0 83.8 PW -C -07 CEMETERY RD RECONST 10.0 A 10.0 SUBTOTAL CEMETERY 10.0 10.0 PW-D-01 ABERJONA DRAINAGE I 206.0 A 50.0 A 256.0 PW -D -01 GEN. DRAIN. IMP. 15.0 A 15.0 A 15.0 A 30.0 A 30.0 A 30.0 A 30.0 A 30.0 A 30.0 A 30.0 A 255.0 PW-D-03 SAUGUS RIV. DRAINAG 750.0 D 140.0 A 112.0 A 300.0 A 1302.0 765.0 15.0 155.0 30.0 142.0 30.0 330.0 30.0 236.0 80.0 1813.0 PW-E -01 REPLACE LOADERS 30.0 A 35.0 A 56.0 A 135.0 A 135.0 A 98.0 A 85.0 A 574.0 PW-E-04 REPLACE DUMP TRUCKS 41.0 A 134.0 A 68.0 A 68.0 A 70.0 A 70.0 A 70.0 A 70.0 A 70.0 A 70.0 A 731.0 PW -E-05 REPLACE PICKUP TRUC 57.0 A 79.0 A 136.0 PW -E -10 REPLACE SNOW PLOWS 12.6 A 13.0 A 13.0 A 15.0 A 15.0 A 15.0 A 16.0 A 16.0 A 115.6 PW-E -11 REPLACE MOWERS 70.0 A 31.0 A 101.0 PW-E-12 REPLACE COMPRESSOR 15.0 A 15.0 PW-E-13 REPLACE TRAILER 8.0 A 8.0 PW-E-16 REPLACE SANDERS 14.0 A 14.0 PW -E -17 REPLACE GRADER 100.0 A 100.0 PW -E-18 REPLACE SNOWBLOWER 225.0 A 225.0 PW-E-19 REPLACE BUCKET TRUC 90.0 A 90.0 PW-E -20 REPLACE CHIPPER 25.0 A 25.0 PW-E-21 REPLACE ROLLER 14.0 A 35.0 A 49.0 PW-E-24 REPLACE SWEEPER 135.0 A 135.0 PW-E-25 REPLACE BLD. MAINT. 21.0 A 21.0 A 31.0 A 32.0 A 33.0 A 138.0 SUBTOTAL - EQUIPMENT 287.0 252.6 183.0 291.0 152.0 289.0 220.0 300.0 227.0 255.0 2456.6 PW-F -01 TREE NURSERY 5.3 A 5.6 A 5.6 R 6.2 R 9 TOWN OF READING MASSACHUSETTS TEN YEAR CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 1999 THROUGH 2008 PRINTED 27-AUG -98 PROJECT DESCRIPTION FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 TOTAL --------------------------------------------------------------------------- --- -- ---- ------ -- --- ----- - ----- - -- ------ -- - -- ------ ------ -- - - -- ------ - ----- - --- -- ------ ------ -- - - -- - - - --- --- - - - --- SUBTOTAL FORESTRY 5.3 5.6 5.6 6.2 22.7 PW-L -01 CLOSE LANDFILL 4000.0 D ------ -- ---- ------ ------ ---- -- ------ - ----- - 4000.0 -- -- - - -- SUBTOTAL SOLID WASTE --- --- 4000.0 - - - --- - ----- 4000.0 PW-P-03 TOWN PLAYGROUND UPG 17.0 A 17.0 A 17.0 A 10.0 A 17.0 A 20.0 A 17.0 R 20.0 R 10.0 R 145.0 PW-P-05 INDOOR SWIM FACILIT PW-P-06 PITMAN BICYCLE PATH 250.0 G 250.0 PW-P-07 TENNIS CT STORAGE 12.0 A 12.0 PW-P-11 IRRIGATE GLEN MEADO 10.5 U 10.5 PW-P -11 IRRIGATE KILLAM SCH 10.5 A 10.5 PW -P -11 IRRIGATE STURGES FI 10.5 A 10.5 PW-P -12 REPL SCHOOL FENCES 20.0 U ------ - - ---- ------ - ----- -- ---- - - ---- ----- 20.0 -- -- SUBTOTAL PARKS ------ 47.5 ------ ------ 289.5 ---- 27.5 -- 10.0 17.0 20.0 17.0 20.0 10.0 458.5 PW -R-01 RESURFACE BANCROFT 40.0 G 40.0 PW -R-01 RESURFACE FOREST GL 20.0 G 20.0 W-R-01 RESURFACE GARDNER R 10.0 G 10.0 PW -R -01 RESURFACE GREEN ST 25.0 G 25.0 PW-R-01 RESURFACE HAVEN ST 30.0 G 30.0 PW-R -01 RESURFACE HIGHLAND 24.0 G 24.0 PW -R-01 RESURFACE IDE ST 10.0 G 10.0 PW-R-01 RESURFACE JOHN ST 30.0 G 30.0 PW-R-01 RESURFACE PLEASANT 25.0 G 25.0 PW-R -01 RESURFACE SMITH 20.0 G 20.0 PW-R -01 RESURFACE WASHINGTO 20.0 G 20.0 PW-R-01 RESURFACE WILLOW ST 48.0 G 48.0 PW -R -01 RESURFACE WILSON ST 25.0 G 25.0 PW-R-02 PAVEMENT MANAGEMENT 25.0 A 25.0 PW-R-02 RECON - UNDESIGNATE 78.0 G 438.0 G 438.0 G 438.0 G 438.0 G 438.0 G 2268.0 PW-R-02 RECON ASH ST 84.0 G 84.0 PW-R-02 RECON BEAR HILL RD 145.0 G 145.0 PW-R-02 RECON BERKELEY ST 155.0 G 155.0 PW-R-02 RECON CHAPIN AVE 96.0 G 96.0 PW-R-02 RECON EATON ST 204.0 G 204.0 PW-R-02 RECON GOULD ST 67.0 G 67.0 PW -R-02 RECON GREEN ST 20.0 G 20.0 PW-R-02 RECON HOWARD ST 160.0 G 200.0 G 360.0 PW-R-02 RECON KING ST 96.0 G 96.0 PW-R-02 RECON PENNA AVE 160.0 G 160.0 PW-R-02 RECON SHORT /MILL ST 190.0 G 190.0 PW -R -02 RECON SUMMER MN -WES 725.0 G 725.0 PW -R-02 RECONSTRUCT TEMPLE 73.0 U 73.0 PW-R-04 STREET ACCEPTANCES 168.0 B 168.0 PW-R-05 SIDEWLK & CURB CONS 60.0 A 65.0 A 70.0 A 75.0 A 80.0 A 85.0 A 90.0 A 95.0 A 100.0 A 105.0 A 825.0 'W -R-12 WEST STREET RECONST 1410.0 G 1410.0 �W -R -14 DOWNTOWN IMPROVEMEN 2764.5 G 800.0 G 3564.5 PW-R-15 PARKING LOT DEVELOP 48.0 A 48.0 10 ARTICLE 3 TOWN OF READING MASSACHUSETTS TEN YEAR CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 1999 THROUGH 2008 PRINTED 27-AUG-98 PROJECT osomzp7/ow r,pv noo F,01 rYoz pn03 py04 FY05 p,uu rm --_-_-_____'__________________________________`______---`------_``�` pw'o'17 necnw wxLxsna onoon 1250.0 o l mmroTxL nuAo/mnscr ------ ssnp.s ------ 2549.0 ------ 479.0 ------ 572.0 ------ _--_ 53 8 ' 543.0 ` no-s-01 cLxooxoow Tscxmxoa 25.0 x 100,0 x 100.0 A 100.0 x 100.0 A 100.0 A loo.0 « 100.0 A 10x0 » 100 ouoroTxL onnnoLo EQUIP ------ 25.0 ------ 100,0 ------ 100.0 ------ 100.0 100.0 100.0 _ 100 .0 ------ 100.0 -__ 100 .0 ------ 100.0 925.0 m+o'N IwpLow/FzLTn«rIow 155.4 E m+o-02 SEAL xswsn mxuxoLeo 10.0 c 10.0 s 10.0 s 10.0 s ` � m+x-02 uswsn wxIw x/om m 47.6 s ^ � m+n-oa oswsu wxzw pLsxoxw/ 31.0 s m+m'02 mewsx wxxw SWEsTSEw 16.1 e `� �16. PW+u-03 SEWER m^m w[L|&SHV 192.8 E ` mro-KJ mFwsn moIw wIL0S*o 82'5 o ^ ' pw'o'04 vcxIcLs nspL«ccmswr 24.0 x 65.0 E pw-o-06 uswEn LIFT sTxTIowo ''-''' 30,0 e 30.0 s 30 .0 s Y ouoTo/xL nswcn '-''-' 104,7 285'3 '''-'- 219.4 '-'''' 10.0 ------ '--''' 40.0 65.0 30 ' ` ^` ` 754. PW-W-Ol LIME SILO PAINTING 7.0 s pw++02 cxnaom FOR FILTERS 193.2 s � PW-w-02 aOCCUmnOR SHAFT n 30'0 s pw'x-02 mox osnvIos pump y 15.1 c ' 15.1 pw-w-02 uvo murocLxvE nspL 8.6 s n pw-w-02 LAB INCUBATOR ncpI. 7-0 s ` � " pw'x'02 LAB opsnTnnpmoOMeT 7.0 E - � Pw-u-02 wx7sw TxTmT pLmwr 75.0 s 9240.0 en ` pw-w-03 vsxIcLs ncpLAccwswT 97.0 s 67.0 c 23.0 x 33.3 E 85.0 E ' 26.6 E pw'w-05 WELL powsn ouppu 18.0 s ` � � ' ` 1 pw'x'07 oTcmxac rxwo nepmx 448'4 s 8'5 s 8.7 p 9.1 s 9.5 E 9.7 s 10.1 ` pw-v-07 wxTcn msrsn - nomr pu'w'08 wmTsn mxzw - wxxspz 40.0 s ' pw'w-VD wwTen mxzw oxusEWwY ' c 32.0 E ` pu-w-08 wxTsn Mxzw ozwa pno 5.0 E pw'V-08 wxTsn mxzm LINING 200'0 c 200.0 e 200.0 s 200.0 s' 0 0 0 pw'w-08 wwTsm wxzw u«Lxsxo 164.9 s ` ^ ^ / pw-x-oa WATER mxIw wAvsnu 8.4 s ` pw'w-08 wxTsn mx,w wssT or 90.0 s � � ' - oueToTxL wmcn ------ 620'4 ------ 555.1 ------ 9523.9 ___ 253.8 ------ 217.7 ------ 200.0 ' ' ------ 233 .3 294.5 ` - 268. , , n~ -� TOWN OF READING MASSACHUSETTS TEN YEAR CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 1999 THROUGH 2008 PRINTED 27- AUG-98 PROJECT - DESCRIPTION FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 TOTAL - -- --- ---- -- ------ ------ -- -- -- -- - --- ---- -- ---- -- YEARLY TOTALS: 11943.4 11878.6 11945.6 4476.3 1590.9 1597.1 1834.0 31606.9 1667.7 1427.1 79967.6 SOURCE OF FUNDING: A ANNUAL APPROPRIATION 8003.33 850.2 1197.3 678.5 768.2 659.1 973.1 757.4 778.2 704.0 8169.3 B BETTERMENT 82.5 CO CAPITAL /DEBT EXCL. OVRD. 168.0 250.5 C SALE OF CEMETERY LOTS 30000.0 30000.0 D DEBT TO BE AUTHORIZED 5050.0 7390.0 500.0 3000.0 E ENTERPRISE APPROP. 745.1 773.9 491.3 252.8 269.7 277.0 245.3 336.5 280.3 222.1 13894.0 ED ENTERPRISE DEBT 9240.0 G GRANT OUTSIDE FUNDING 5103.5 2734.0 469.0 497.0 498.0 438.0 498.0 438.0 498.0 438.0 19240.5 S SALE OF REAL ESTATE R REVOLVING FUND 48.0 48.0 48.0 48.0 55.0 55.0 117.6 75.0 111.2 63.0 66$,8 U REQUESTED, BUT UNFUNDED 193.5 - - ----- -------- -- - - - -- 193.5 -- - - - - -- - - - - --- 11943.4 11878.6 11945.6 4476.3 1590.9 1597.1 1834.0 31606.9 1667.7 1427.1 79967.6 12 ll!�Iel m K--.- � AA AL 41C -j I IL Cc CO IL Z� O 4 l4oH3NVS A; CD is 3.Lnu tm 15 bl 133HIS NOIDNIIHV U) W D. ao rp >0 qg cc GC CL re N Z QUO � `� O U W S1, IN Ckc W Z 1. .. - --' • .��' � i'' �. S O Z tea iL iL p W %� Ch 43a lo cm e * a... ...... 1 el ee.s'I �ee ee°s se ..`e • � M. Ho f Idsa IS i In ® N w v UJ Y _ a n Qf o �Cc =alfi sz�x a�i •.. ® 16 N�