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HomeMy WebLinkAbout1999-11-08 Subsequent Town Meeting Warrant Reportr u G �. ;,.� �� \. ;.:....1 -� \�;.... :, r`�:_ .. � �s k � r� ) TABLE OF CONTENTS SUBSEQUENT TOWN MEETING NOVEMBER 8, 1999 Article Title Sponso Page 1 Reports Board of Selectmen 2 2 Instructional Motions Board of Selectmen 2 3 Amend Capital Improvements Board of Selectmen 3 Program FY 2000 — FY 2009 4 Amending the FY 2000 Budget Board of Selectmen 3 5 Authorize Acquisition of 75 Board of Selectmen 4 Pleasant Street 6 Authorizing Debt — Chapter 90 Board of Selectmen 5 7 Authorizing Debt — Saugus River Board of Selectmen 5 Drainage Basin 8 Accepting MGL 41, Section'! 0013 Board of Selectmen 5,6 re: Indemnification for Medical Expenses — Retired Police and Fire Sunset Rock Subdivision 10 Taking of Performance Bonds — CPDC 7 Corey Lane Subdivision 11 Amend Zoning By-Laws re: Parking CPDC 7,8 for Restaurants and Fast Food 12 Amend Zoning By-Laws re: CPDC 8,9 Commercial Parking in Residential District 13 Authorizing Leases of RMHS School Committee 9, 1 0 Space 14 Authorizing the Construction of an School Building Committee 10 Additional Elementary School Capital Improvements Program Blue Pages 13-17 Maps 18 Conduct of Town Meeting i-vii COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, ` [ on OCT 7 5 notified and Yva[DSd the inhabitants of the TOvvD of Reading, qualified to vote on Town ofhsina' to meet at the ' place and at the time specified by posting 8#BSt8d copies of this TOYVO Meeting VV8[raOt in the following public p|3C8S within the Town of Reading: Precinct J. Warren Ki|l@rn School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct Reading Police Station, 67 Pleasant Street Precinct Joshua Eaton School, 3O5 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct Alice K4. Barrows School, 1GEdgennontAvenue Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct Arthur W.Coolidge Middle School, OSBirch Meadow Drive The date Of oOSUDg being not less than fourteen /14\ days prior to November O' 1899. the date set for the Subsequent Town Meeting iD this Warrant. | also caused on attested copy of this Warrant to be published in the Reading Chronicle in the issue Df OCT 2 0 1999 A true copy. — 11 , } Daniel W. Halloran Jr., Constab/—/ 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 8, 1999, 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: Anticipated reports under this Article include: Report on Reading Business Park Report of Water Supply Advisory Committee Report on the State of the Schools Report on investigation of leases at RMHS Report on "Mansioniza Report ' tion" Financial Status Repo Report on FY 1999 RIVILD Budget Finance Committee Report: No report. Bylaw Committee Report: No report. ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen Background: This matter is usually deferred until the end of Town Meeting. The Board of Selectmen will, at the request of the Puopolo family on Beacon Street, have a motion to instruct the Board of Selectmen to issue a license across Town land for a driveway to Beacon Street. At the time of this report, it is not known whether there will be any other Instructional motions and if there are, what the nature of them would be. Finance Committee Report: No report. Bylaw Committee Report: No report. N ARTICLE 3 To see if the Town will vote to amend the FY 2000—FY 2009' 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 Three actions requested later On the Town Meeting VV8rnsnt would require an amendment tothe current year's Capital Improvements Program: * Purchase of75Pleasant Street/A�id�5\' ` '' * Symonds Way Development (under Article z)' * Increase the funding amount for the DivideDce Road school project from what was included in the previous C|P. Approval of an item On the C|P does not fund that project but is merely needed in order to consider that item later by Town Meeting. Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 4 TO See if the Town will vote to @DlaOd one Or more of the votes taken under Article 17 of the VV8rr8[d of the AOOU8| Town Meeting Of Aoh| 12. 1999. r8|8bOg to the Fiscal Year 2000 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 TOVYO and its government, or take any other @CtiOO with respect thereto. Board of Selectmen Background: There are three amendments to the FY 2000 Budget that are required at this time. The source Of funding iS not the tax rate since the tax rate has been set bv this time. * yN8[k8tOg of Landfill -$135K— Sale Cf Real Estate Fund. This kS the remaining cost due to Grubb and Ellis for marketing the landfill site. Town Meeting had requested that the TOVVO use '3 marketing firm b3 assist. The total CDSt is $185'000 plus expenses not to exceed $6'000. The funds will come from the ee|e of real estate fund. * Engineering — Landfill - $50K—Sale of Real Estate Fund. While COrpo[eXVViU be handling the design of the landfill closure, the expertise of a professional engineering coOV8Ol with expertise in |@Od�|| closure is needed in order to protect the Town's interest iOthis project. + |Dlp[0Ve[OeOts to Symonds Way Recreation Site - $50K— R||A. This provides the remainder of the funding needed to develop the recreation fields at Symonds VVoy (next to the Burbank Ice AFena\. The funds are available from the Reading Ice Arena Authority. The majority of the funds are available from part of the previously approved Park Improvement Bond issue. The Development included a full sized baseball field and an overlapping full sized soccer field. The majority of the construction is done but these funds are needed to complete the project including fenoing, backstops, etc. The site is designed so that at some later date, the site can ba lighted for more use. / N Finance Committee Report: Action pending. Bylaw Committee Report: No report. ARTICLE 5 To see if the Town will vote to authorize the Board of Selectmen to acquire all or any part of the following described parcel of land in fee or rights of easement therein by eminent domain under the provisions of Chapter 79 of the General Laws of the Commonwealth of Massachusetts, or to acquire said parcel of land or any part thereof in fee or rights of easement therein by gift, purchase, or otherwise, for general municipal purposes including public parking and housing; 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 the Board of Selectmen to pay for appraisals of said parcel and to pay for the acquisition of said parcel of land or rights of easement therein, or to be used for payment of land damages or other costs and expenses of such acquisition 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 acquisition, and to do all other acts and things necessary and proper for carrying out the purposes of this vote, or take any other action with respect thereto: The land commonly known as and numbered 75 Pleasant Street, shown on Board of Assessors' Rev. Jan. 1, 1997 Map 65 as Lot 6, consisting of 18,700 square feet of land, more or less, and described in a deed recorded at the Middlesex South District Registry of Deeds in Book 14054, Page 384, currently believed to be owned by James A. and Margaret C. Molyneux or their estates. Board of Selectmen Background: This property is adjacent to the "old" Police Station on Pleasant Street. The Town at one time had approached the owner about buying the property so that we could expand the Police Station instead of building a new one. The property was then withdrawn from the market, and the Town approved the construction of a new Police Station on Union Street. The property is now on the market, and the Board of Selectmen has approved the purchase subject to Town Meeting approval. The proposed uses are for the Reading Housing Authority to use the existing 2 family house, moved slightly and renovated, as affordable housing. The rear portion will be added to the adjacent "old" Police Station property and developed for municipal parking. The need for parking in Downtown still has a deficit of approximately 100 spaces. The Town is evaluating a sharing of the parking for long term employee parking during weekdays, and night time and weekend parking for the Senior Center and the neighborhood. The source of funding is through debt, with the Reading Housing Authority paying a part of the cost (approximately $65,000) and the Town paying the remainder. The total cost of acquisition is $213,750. Finance Committee Report: Action pending. Bylaw Committee Report: No report. 4 ARTICLE 6 TO see vvhatsum the Town will raise bv borrowing, whether in - aOtiCjD@ton of F8i0bu[s8[O8[t from the State UOd8[ Chapter 44' Section O' Of the Massachusetts General Laws, nr pursuant to any other enabling authority or from the tax |eVy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90. of the Massachusetts General Laws, Or take any other action with respect thereto. Board ofSelectmen Town Meeting will be asked to authorize debt for approximately $155'000 which represents Y2 of our allocation for FY 2000. This is 2/3 of |mot year's Chapter 8O allocation —$31O.00O compared bJ488,OOOinFY1S8S. This iG due toState reductions which are due at least in part to reductions in Federal highway funds. Although this Article authorizes debt. DO debt will be iOCU[[8d — it will merely G||nw us to move forward with design for projects as included in the C|P. . Action pending. . No report. ARTICLE 7 To see what sum the Town will raise by borrowing, orfrom the tax levy, 0[ transfer from 8V@i|ab|9 funds, or otherwise, and appropriate for the purpose of mJDSt[UCbDg i[OpFoV8DleOtS to the Saugus River drainage basin from Ba|e[D Street GoUthVVaPd, including the cost of engineering fees, iOGp8CtiOO fee3. contingencies and related expenses incidental thereto and necessary in connection therewith, said sum to ' be expended under the direction of the Board Of 88|ectmnen, and to see if the Town will / > vote to authorize the Board of Selectmen to file 8pp|iC8tiDOS for 8 grant or grants to be used to defray all or any part of the cost of said project ondre|mtednnattero'andtoeeoif the Town will vote to authorize the Board of Selectmen to enter into all COOt[@CtS and agreements as may be necessary to carry out the purposes of this Article or take any other action with n3spect,the[ebJ. Board of Selectmen Engineering —Saugus River Drainage Imp. -$75K—Debt. Project PVV D-003 in the C|P i8 directed toVYaR1g doing iOOp[OVerOeDtS to the Saugus River in the area from Salem Street southward towards the landfill area. The problem is that there is heavy erosion of the stream banks which is eroding phV8ta property. The purpose of this project is to develop design ootions, evaluate structures (bridges) and develop with the Engineering [Jivinipn. Conservation Commission and the neighborhood, ovvorkab|e design for the improvements that are Deeded. We vvoU|d come back to Town Meeting probably in the Fall of 2000 with a report and request for debt authorization to construct the entire project. Finance Commiftee Report: Action pending. No report. ARTICLE TO see if the TOvvD will VOt8 k3 accept the provisions of Chapter 41, Section 100E]. of the K8aeaonhuoette General Lovve which authorizes the Town to indemnify Police Offioaro and Fire Fighters who have retired for accidental disability < ) reasons, their spouses or next of kin, for all reasonable hospital, medical and surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for podiatry incurred by such Police Officers or Fire Fighters after retirement, or take any other action with respect thereto. Board of Selectmen Background: The Town has been paying some of the medical bills of retired Police Officers and Fire Fighters who retired under a disability retirement. Primarily, these bills have been for the balance billing for prescription drugs with the retirees using their health insurance for major medical bills. This practice began in the late 1970's. According to State Law; if the Town is going to pay any costs for retirees medical expenses related to their disability, the Town needs to adopt the local option. The Town has not adopted this legislation. Therefore, we cannot continue to pay even the minimal bills which we have been paying, or any other medical bills without this Town Meeting action. Should bills for major surgery or other expensive bills be submitted to the Town, this expense could grow substantially into the 10's or 100's of thousands of dollars. In Massachusetts, unlike in other states, Police and Fire Fighters are not covered by traditional Worker's Compensation insurance programs. It should be noted that the Town has accepted the provisions of law whereby the Town covers retirees on the Town's group Health Insurance Program, with the Town's contribution being the same for retirees as for active employees — currently 70% of the premium cost. This issue needs to be resolved. If not approved by Town Meeting, then the Town cannot continue to pay balance bills to "make the retiree whole." Unfortunately, the law does not allow the Town to pick up the difference between what the health insurance will pay a retiree and what the cost of the service is. Finance Committee Report: Action pending. Bylaw Committee Report: The Bylaw Committee does not recommend this Article by a vote of 0-3-1 because they feel that the medical costs associated with these disabilities should be paid by the Town of Reading's medical insurance carrier as opposed to the Town directly. ARTICLE 9 To see what sum the Town will raise by borrowing, or from tax levy, or transfer from available funds, or other wise, and appropriate for the purpose of completion of the construction of ways, municipal services and amenities according to the approved and endorsed plans for the recorded subdivision known as Sunset Rock, in accordance with the terms of a tri-partite agreement entered into and executed to the benefit of the Town of Reading, as amended by the Community Planning and Development Commission on May 10, 1999, between Presidential Development Corporation, the Town of Reading and Stoneham Cooperative Bank, in the amount of $125,000.00, pursuant to the Rules and Regulations Governing the Subdivision of Land in Reading, and in accordance with Massachusetts General Laws Chapter 41, such funds to be expended by and under the direction of the Board of Selectmen, or take any other action with respect thereto. Community Planning and Development Commission 2 Background: This Article empowers the CPDC to expend the funds for a bond covering the completion of the Sunset Rock Subdivision off of Franklin Street. This is in anticipation of this developer not meeting the established deadline to complete the project. The CPDC is having a final meeting with the developer at their meeting November 1, 1999 to review work completed during the past construction season. Finance Committee Report: Action pending. Bylaw Committee Report: No report. CPDC Report: Action pending. ARTICLE 10 To see what sum the Town will raise by borrowing, or from tax levy, or transfer from available funds, or other wise, and appropriate for the purpose of completion of the construction of ways, municipal services and amenities according to the approved and endorsed plans for the recorded subdivision known as Corey Lane Extension Subdivision, in accordance with the terms of a bond given to the benefit of the Town of Reading, as amended by the Community Planning and Development commission on January 11, 1999, in the amount of $116,000.00, pursuant to the Rules and Regulations Governing the Subdivision of Land in Reading, and in accordance with Massachusetts General Laws Chapter 41, such funds to be expended by and under the direction of the Board of Selectmen, or take any other action with respect thereto. Community Planning and Development Commission Background: This Article empowers the CPDC to expend the funds for a bond covering the completion of the Corey Lane Estates Subdivision. This is in anticipation of this developer not meeting the deadline to complete the project. The CPDC is having a final meeting with the developer at their meeting October 25, 1999 to review work completed during the past construction season. Finance Committee Report: Action pending. Bylaw Committee Report: No report. CPDC Report: Action pending ARTICLE 11 To see if the Town will vote to amend Table 6.1.1.3. Off-Street Parking and Loading/Unloading Requirements of the Reading Zoning By-Laws by deleting the current text of the Minimum Number of Off-Street Parking Spaces Required for Restaurants and substituting therefor the following, or take any other action with respect thereto: "Restaurants For restaurants with seating, one (1) space for every four (4) persons of the rated seating capacity of the facility, plus one (1) space for every employee on the largest shift. For restaurants with no seating, one (1) space for every seventy-five (75) square feet of net floor area or fraction thereof, but no less than ten (10) spaces shall be provided. In addition to the foregoing, restaurants with drive-thru windows shall provide both a pass-through lane and a drive-thru lane. The drive-thru lane shall have stacking capacity for eleven (11) vehicles of which at least five (5) of the 7 stacking spaces are to be for ordering and the transaction of business. In addition to the foregoing, the drive-thru lane shall also have stacking capacity for three (3) vehicles exiting onto the road." Community Planning and Development Commission Background: This Article is a proposal from the Community Planning and Development Commission to replace the existing requirement for parking for this use. Currently, the parking requirements for restaurants relate the parking with the overall square footage. This requirement would relate the parking to the number of seats of occupancy and the number of employees on the largest shift. Also included is queuing requirements and other take-out provisions not currently addressed in the Zoning By- Law. The CPDC will hold their hearing on this Article on October 25, 1999. Finance Committee Report: No report. Bylaw Committee Report: The Bylaw Committee recommends this Article by a vote of 4-0 with the provision that the drive thru provisions be delineated by square feet in place of the number of vehicles. With that change, the Bylaw Committee recommends the Article since it will require more parking than in the present Zoning By-Laws. CPDC Report: Action pending. ARTICLE 12 To see if the Town will vote to amend Section 4.3.2. of the Reading Zoning By-Laws by adding the following as Section 4.3.2.9., or take any other action with respect thereto: "4.3.2.9. The Community Planning and Development Commission may grant a special permit for the use of a lot that is in an S -15 District for accessory parking to a business use located within an abutting Business B District if, at a minimum, the following conditions are met: a. Need: The CPDC finds that the existing parking in the abutting Business B District is inadequate to meet current or projected needs. b. Size: The lot in the S -15 District (the "S -15 Lot") for which the special permit is sought contains at least one hundred thousand (100,000) square feet. C. Boundary: The S -15 Lot either shares a common boundary of at least three hundred (300) feet with the Business B District or is partially within the Business B District. d. Prohibited Use: No portion of the S -15 Lot shall be used for residential use. e. Lot Coverage: No more than twenty-five percent (25%) of the S -15 Lot area shall be used for parking. [ �|�t�����t��15L��8Ube w�� ===== three hundred (300) feet of the Business B District boundary. g. The development ofthe accessory parking area obtains site plan review approval pursuant tOSection h. Minimum Reouirements: The accessory parking located on the S-1 5 Lot may not be used by the property within the Business B District to meet minimum off-street parking requirements. CoOlDlUOh« Planning and Development CO[DnOi3SiOD This Article, forwarded to Town Meeting by the CPOC.is aFeqU{st from a |and er'bJaUowcorOrOenci8} parking by special permit in the 8-1O zoning district. CU[nBOU', parking is not allowed as use in any [8Sid8OtiG| zoning districts. The sponsor presented to the CPDC the land Use oot|OO in response tothe perking needs 8tthe RK4VYRE| cODO[Oencia| structure On S8|enn Street. The sponsor indicated the building currently meets parking PeqUiFeDl8OtS; hOVV8v8r. there appears to be a shortage of parking during the hOU[S Of operation for the RK8V. The SpOOGO[ proposes conditions and [ee[[iCtiOnS OO this Special Permit to deter its use e|SeVvhe[8 within the S-15 zoning district. The CP[JC shall consider this Article 8t their public hearing October 25.1QQQ. Finance Committee Report: No report. Bylaw Committee Report: Action pending. CPQC Report: Action pending. ARTICLE 13 To see if the Town will vote tO authorize the Board of Selectmen, with the approval of the SChOD| Committee and the approval of the Commissioner of Education, to rent O[lease certain 8U[p|US 9p8C8 in the Reeding MennohG| High School to one or more public or private profit-making businesses or non-profit organizations; provided, however, that joint occupancy 0f the High School building shall not interfere with educational programs being conducted in said building, and provided that the terms Of any such rental or lease Sh@|| be as approved by the School Committee, or take any other action with respect thereto. School Committee Avote by Town Meeting in the Spring to delegate the execution of |88aee for surplus SdlOO| property to the Board Of Selectmen with the School Committee's concurrence and the approval of the Commissioner of Education failed. Therefore, Town Meeting must approve such leases. There are two existing "tenants" in school property — Reading Cable TV (RCTV). and Reading Extended Activities Pnlgn3rO (REAP). This F8||' the School Committee asked Town Counsel Uz negotiate these leases. ItiS not known 8t the time of writing this report whether there will b8 leases ready for Town Meeting approval under this Article. 9 Finance Committee Report Action pending. Bylaw Committee Report: Action pending. School Committee Report: Action pending. ARTICLE 14 To see what sum the Town will raise by borrowing, or transfer from available funds, or otherwise, and appropriate for the purpose of constructing a new school and associated recreational facilities on the following described land, including the costs of original furnishings and equipment, landscaping, paving and other site improvements, engineering and architectural fees, plans and specifications, inspection fees, relocation costs, contingencies and related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and under the direction of the School Committee; and to see if the Town will vote to authorize the School Committee to file applications for a grant or grants to be used to defray all or any part of the cost of said school construction and related matters, and to see if the Town will vote to authorize the School Committee to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. The land off Dividence Road shown on Reading Board of Assessors' Rev. Jan. 1, 1981 Map 207 as Lot 3 consisting of 2.0 acres and Lot 4 consisting of 9.6 acres, which land was acquired by the Town for school and recreation site purposes by Order of Taking dated April 13, 1970, recorded at the Middlesex South District Registry of Deeds in Book 11831, Page 432. School Building Committee Background: The School Building Committee will be mailing a separate report to Town Meeting Members Finance Committee Report: Action pending Bylaw Committee Report: No report. I11111] and you are directed to serve this Warrant ���Ogon�o�d�py�e��in�|ea� ( ) one /1\ public place in each precinct ofthe - ' not less than fourteen (14) days prior ho November 8. 1999. the date set for the meeting in Said WarroDt, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy ofsaid VV8[� ant to each Town Meeting y�gDlb8[g1 least fourteen /14\ days prior tOthe time Of holding said meeting. . Hereof fail not and make due return of this Warrant with your doings Ule[HOn to the Town Clerk atorbefore the time appointed for said meeting. Given under our hands this 21st day of September, 1998. _ /al IvyH _' ` __—_. Daniel W. HallZJ 11 Matthew l Nestor, Vice Chairman Georg Hines, Secj!�tary SELECTMEN C)FREADING ARTICLE 14 ARTICLE 9 L,�i C\� ARTICLE 13 k NO 9 1XI P it 12 ARTICLE 10 j - ARTICLE o- 4N� L ARTICLE 7 rf /try ¢.00000'0 oaoeto� 000 oo 000 0 0 0 0000 0 00 F- 00 m0 0 u) � O 000 hN ' N r M m 1' o CO m m 0) 0) oNm h to m mmN ' r CO CO W O Cl) ' o tlj PMj � p m 'T 'T m .- 03 01 N M M QImom ' N (D r N Cl) Lf) N N � � QQ Qc7 Q Q ¢ Q 0 } 000 000 00 0 0�0 0 o U. 0 0 0 0 0 o m m o M M ' N (D It (0 O ct r (p h r QQ Q Q cc d LL. 0 0 O m m O Cl) M M r a d r m h r QQ Qc9 Q Q cc ¢ Q h U. 0 0 ' O 0 0 ' O CO ' Co O LO ' t0 Cl) r ' C It (D ' o It ct r LI) (0 � (0 ,- dQ Q d ¢ Q m 0 } o o O o o 0 0 0 0 0 L 00 00 to r r N It 'T r t0 m r Q Q Q Q 0 Q Q cc Q N' Q CDOo F cc o t}L Ooa o 00 o m m O trJ to F- CL N co N m It (D o It It u) (D W mF- = =w�rnv' QQ, Q Q s dd UE00)O Q w ff } 00 O O O' O O O 00 O W O F• U W 0, N c0 ' m o tp ' m r t0 ' (D Q CC O .N- ' 7 N' (D r N ' M C H0C\j U QQ QU Q Q m Z N M ' Q QI- CCF- t}L o o t00 N oo o m m 0 N N . 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W<M000wwowx= 17 W. l z LLJ J d CONDUCT OF TOWN MEETING Reading's Town Meeting is conducted in accordance with the rules set down in Article 2 o the Charter and the General Bylaws. Although Robert's Rules Of Order iS the basic source, 8 Town Meeting K8e[DbG[ Reed only be familiar with what is contained in the Charter. These notes are intended to outline the major pOiDtS8|| TOvvO Meeting M8nnb8[8 ShOU|d know, and which by knowing, will make Town Meeting more understandable. � Town Meeting consists Of102elected 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 gt 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 Offunds; Bylaw for all bylaw changes; and the Community Planning and Development Commission for all zoning changes. Their reports are given prior todiscussing the motion. GENERAL RULES OF PROCEDURE � The Meeting is conducted through the Warrant Articles which are presented /rOoV8d\asmotions. Only one motion may he on the OOO[ at 2 tiDle' . hoVV9Ve[ the . DOOtiOD may be amended. Often two Or more Articles which address the same subject may be discussed together; hoVveve[, only one is formally oD the floor, and each when moved is acted upon individually. Note that the vote on one may influence the others. + M8rObe[8 who wish to speak Sh8U rise, state their name and precinct in order to be + A member may speak for ten /10A [OiDUteS but permission must be asked to exceed + Seven /7\ Members can qU8Stk}O 8 VOt8 and call for a standing count and TVY8Dtv /20\ can ask for G nO|| Call vote; hoVVeYS[. 8 nJ|| Ca|| vote is seldom used because of the time ittakes. PRINCIPAL MOTIONS ENCOUNTERED AT TOWN MEETING The following [OoMoOS are the principal DO8S used in most C8S8S by TOVVD Meeting to conduct its business. Experience shows that the rnarnbare should be familiar with these. Ends the oeaaiona, can be moved et any time. Recess: , 8fnnm business for a short timna, generally to resolve procedural question or to obtain information. * Stops debate with the intention generally of bringing the SUN8Ct up again later. May also be used tOdefer action oDGD Article for which procedurally a negative vote is undesirable. Note that tabled motions die with adjournment. � Move the Previous ' Upon acceptance by a two-thirds (2/3) vote' stops all debate and brings the subject to vote. This is generally the main motion, or ~ the most recent amendment, UDkeGS ' qualified by the DlOvec The reason for this as provided in Robert's Rules of Order is to a||ovV for other amendments should they wish tVbepresented. * Offers changes to the main motion. Must beiO accordance with the motion and may not SUbetaDUaUV ca|terthe intent of the 0ObOO. |n accordance with Robert's Rules of Order, only One primary and one SgCODd8ry rDOUOn will be allowed on the floor at one tiFDe. UO|eSG specifically accepted by the Moderator. * Andefinitely Postpone: Disposes of the Article without a yes or no vote. Take from the ' Table: � Brings b8Ch 8 motion �i�� was previously laid VO the � The rOe8DS by which a subject is brought before the Meeting. THE FOLLOWING MOTIONS MAY BE USED BY A MEMBER FOR THE PURPOSE NOTED � Question of Privile-ge: Sometimes used to offer a resolution. Should not be used to "steal" the floor. ° TO raise a question concerning the conduct of the Meeting. ° To ash for jDfO0O8tioU relevant to the business at hand. MULTIPLE MOTIONS SUBSEQUENT (MULTIPLE) MOTIONS If the subsequent motion to be ofhe[ed, as distinct from an amendment made during debate, includes material which has previously been put to @ VO[e and defeated, it will be viewed by the K8Oder8bJ[ 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 eX8nOp|e of this latter situation is successive line items of an omnibus budget moved oeablock. ' SUBJECT TO THE FOLLOWING � The maker of any proposed multiple motion shall make Ulgi[ intent known, and the content Of the motion tObe offered shall be Conveyed to the N1oder@b][ - prior to the initial calling Df the Warrant Article. + Once an affirmative VOt8 has been taken OD the motion then on the floor -Oofurther SUbS8qUeOt alternative [O[diODS. will be accepted. (Obviously does not apply tOthe budget, for eX8nOp(e.) * Also - The[e can only be one motion Onthe floor at any one time. You have the ability to offer amendments to the nDbdoO 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 onthe 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 |8w to be determined by ballot. Notwithstanding the foregoing, in any year |D which presidential e|GCtO[S are to be elected, the Board of Selectmen may schedule the COnlDleDc8nl8nt of the AOOU3| Town Meeting for the same d818 designated as the date to hold the Presidential Primary. Section 2.1.2 The polls for the Annual Town Meeting shall be opened at7:OU8.nn. 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 beheld on the follow- ing 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 con- sider 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 ses- sion provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting, shall be held on the following Thursday at 7:30 p.m. and then on the following Monday at 7:30 p.m. and on con- secutive Mondays and Thursdays, unless a resolution to adjourn to another time is adopted by a majority vote of the Town Meeting Members present and voting. Section 2.1.6 The Board of Selectmen shall give notice of the Annual Subsequent or any Special Town Meeting at least fourteen (14) days prior to the time of holding said Meeting by causing an attested copy of the Warrant calling the same to be posted in one (1) or more public places in each precinct of the Town, and either causing such attested copy to be published in a local newspaper or mailing an attested copy of said Warrant to each Town Meeting Member. iii Section 2.1.7 All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the date of election of Town officers, unless this day is a holiday in which case the following day shall be substituted. All Articles for the Subsequent Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 p.m. on the fifth Tuesday preceding the Subsequent Town Meeting in which action is to be taken, unless this day is a holiday in which case the following day shall be substituted. Section 2.1.8 The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall 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 @sbJ 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 undardeboteandaho||evoida|| personalities. Rule 6: No person shall be privileged to speak or make o motion until after hehas been recognized by the Moderator. Rule: @o Town Meeting Member or other person shaUepnakonany 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 Town Meeting having first identified himself to the W1odG[BbJr as an inhabitant of the Town. No inhabitant shall speak OOany question more than five /5\ minutes without first obtaining the permission of the Meeting. Inhabitants shall be given the privilege of speaking et Town Meetings only after all Town Meeting Members who desire b} speak upon the question under consideration have first been given 8D opportunity hJdoso. Rule 9: Members Of official bodies who are not Town Meeting Members shall have the same right to speak, but not bJ vote, asTown Meeting Members on all nna{Uars relating to their official bodies. 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 8 monetary or equitable interest in any matter under dis- cussion @[aTOwDK8eetiDgRnd8DypB[son employed by another having such @Dinterest, Sh8|| disclose the fact Ofhis interest orhis employer's interest before speaking thereon. IV Rule 12: The Moderator shall decide all questions Of order subject tD appeal tOthe meeting, the question on which appeal shall be taken before any other. Rule 13: When e question iS put, the vote on all matters shall be taken byo show ofhands, and the Moderator shall declare the vote geit appears tohim. If the Moderator is unable tO decide the vote hv the show of hands, orifhis decision isimmediately questioned by seven (7) or more Members, he shall determine the question by ordering 8 standing vote and he shall appoint tellers tomake and return the count directly tOhim. {}O request Of not less than twenty (2O) members, evote shall be taken by roll call. Rule 14: All original nlaiO 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 itis seconded. NO motion made and seconded shall be withdrawn J any Member objects. No amendment not relevant tothe subject of the original motion shall beenter- tained. Rule 16: When a question iS under debate, no motion shall bein order except M\to adjourn, (2) b> lay on the table or pass OVe[. (3) t0 postpone for a certain time, (4) to OoDlnlit' (5) to amend, (8) Uopostpone indefinitely or(7)to fix o time for terminating debate and putting the question, and the aforesaid several motions shall have pre- cedence inthe order iO which they stand arranged in this F{U|e. Rule 17: Motions to adjourn (except when balloting for offices and when votes are being taken) Sh8U always be first iO order. Motions t0 adjourn, tO move the question, to lay on the table and to take from the table ShG|| 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 proceeding 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 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. Ut 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. 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 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. |n the event such a motion toreconsider is made and authorized, said motion may bo made at any time before the final adjournment of the Meeting at which the vote was passed, said motion may bemade even if the vote was already reconsidered, or was the subject of a vote not h] recon- sider and reconsideration may beordered by a vote of two-thirds (2/3) of the votes present. 2.2.4.3 Notice of every vote to be reconsidered atGD adjourned Town Meet- ing aha||bepoatedbvtheTovvnC|erhin one (1)o[ more public places ineach precinct of the Town oo soon aepossible after adjournment, and he shall, ifpnG[- tioeb|e.et|maotone/1\doybefonethe time of the next hJ||oYViOg GeGSiOD of said Adjourned Meeting, publish such notice iO some newspaper published in the Town Said notice shall include the vote 1obe reconsidered and the place and time Ofthe next following session of said Adjourned Meeting. The foregoing notice provisions shall not apply when a motion tOreconsider any Town Meeting action i8 made publicly @t Town Meeting before the ach0u[D0eOt Of any session of any Adjourned Town Meeting. Section 2.2.5 The Selectmen shall, at each Annual Town Meeting, give tothe yWernbgre 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 Cfthe Annual Town Meeting. The purpose of the meeting shall bethe election Ofa Chairman and 8 Clerk and b3 conduct whatever business may be appropriate. Chairman shall serve no more / \ > � Vi than six (0) consecutive years in that position. Additional precinct meetings may bacalled by the Chairman o[bva petition of six(0)Town Meeting Members of the precinct. Section 2.2.7 Removal of Town Meeting Members 2.2.7.1 The Town Clerk shall nlai|. within thirty (30) days after the adjournment sine die ofG Town Meeting, ho 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, 8 record ofhis attendance and a copy of Section 2-0of the Charter. 2.2.7.2 Town Meeting Members of each precinct shall consider Edaprecinct meeting Lobe conducted in accordance with Section 2.2.8of these Bylaws and GBCtiOD 2-O0f the Charter, preceding the consider- ation of the Article placed upon the Annual Town Meeting Warrant in accordance with Section 2-Oof the Charter, the names of Town Meeting W18Dlb8re iO that precinct appearing on said Warrant Article and adopt recommendations bJ Town Meeting asto what action should b8 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. 2.27.8 The names of the Members subject 10 removal iDaccordance with Section 2-Oof the Charter shall be grouped bvprecinct in the Warrant Article required by said Section. Section 2.2.8 Meetings During Town No appointed or elected board, corDDlissioD. committee or other entity Cf town govern- ment ShBUeohedU|e o[ conduct any hearing, meeting O[ other function during any hours iO which 8O Annual, Subsequent orSpecial Town Meeting iain session orinscheduled hJbeiOsession. 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 emer- gency meetings may, upon meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. VII