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HomeMy WebLinkAbout1999-06-30 Special Town Meeting Warrant Report . , ~S SPECIAL TOWN MEETING JUNE 305 1999 TABLE OF CONTENTS Article Title Sponsor Page 1 Reports Board of Selectmen 2 2 Instructions Board of Selectmen 2 3 Amend Capital Improvements Program - FY 2000 - FY 2009 Board of Selectmen 3 4 Amend FY 2000 Municipal Budget Board of Selectmen 3 5 Acquisition of Open Space - Mill Street Board of Selectmen 5 6 Authorizing Board of Selectmen and School Committee to Lease Surplus School Space Board of Selectmen 6 7 Vacating Gravel Rights - Grove Street Board of Selectmen 7 Maps .10,11 Capital Improvements Program Blue Pages 12-16 CIP Financing Plan Blue Pages 17-19 Conduct of Town Meeting COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this. Warrant, I, on June 16, 1999 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 June 30, 1999, 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 June 16, 1999 Thomas H.`freeman, Constable A trUe copy. Attest: 04 lit, heryl A. Johnson, T ,,vn 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, on Wednesday, June 30, 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: It is not anticipated that there will be any reports at this Special Town Meeting other than the reports given under the individual article. 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 to 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: There are no known instructional motions to be given at this Special Town Meeting. Finance Committee Report: No report. Bvlaw Committee Report: No report. 2 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, or take any other action with respect thereto. Board of Selectmen Background:, The Capital Improvements Program will need to be modified in order to allow action to be taken under Article 5 - Land Acquisition. Under Article 5, Town Meeting will be asked to approve debt authorization for the acquisition of 8.64 acres of property along the Ipswich River between Mill Street and Main Street. The Capital Plan will reflect that $336,000 will be in Town debt, and the remaining $464,000 will be a grant. However, the action under Article 5 will.ask for bonding authority for the entire $800,000 cost, in case the grant (which was applied for on June 1, 1999 and which will be awarded in October 1999) does not come through. The Capital Financing Plan has been reviewed, and this project can be done without a capital override if it is bonded - 5 years if we have to pay only $336,000 from Town funds, or 10 years if we have to fiord the full $800,000 from Town funds. While this financing is possible given the assumptions in the Capital Financing Plan, it should be noted that the Capital Improvements Plan was reduced by almost $500,000 this past year in order to support the operating budget. Those projects have not yet been restored, and they are necessary projects. However, the availability of this property is a one time option for the Town. Acquisition needs to be considered now - it will not be available again. Finance Committee Report: Action pending - a report will be made at the Town Meeting session by the FINCOM. Bylaw Committee Report: No report. ARTICLE 4 To see if the Town will vote to amend one or more of the votes taken under Article 17 of the Warrant of the Annual Town Meeting of April 12, 1999 relating to the Fiscal Year 2000 Municipal Budget, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen Background: The House budget for the Commonwealth of Massachusetts has a total increase of Chapter 70 aid of $258,000 for Reading, compared to an increase of $9,000 in Chapter 70 aid to Reading in the Governor's proposed budget. The Senate version of the budget has a total increase of Chapter 70 aid of $705,000. All of Reading's legislators agree that the Chapter 70 aid to Reading will increase at least the $258,000 reflected in the House budget. At the Annual Town Meeting, as part of the budget presentation, the situation was explained to Town Meeting Members, and they were told that a Special Town Meeting in early Summer may be called to fiirther t allocate available funds, so that to the extent that those fiends were devoted to school purposes, then the School Department would be able to utilize those ftmds when school starts at the end of August. The total amount of increased funding available is $137,000 over and above what was anticipated when the FY 2000 Budget was adopted at the Annual Town Meeting. The following is a recap of the status of additional funds - rounded to the nearest $1000: Increase in Chapter 70 aid from FY 1999 $258,000 Previously anticipated for FY 2000 $ 9,000 Z Less "new growth" than anticipated 1 000 a Net amount available for allocation $137,000 FINCOM has proposed the following uses for these funds: Additional Vocational School Assessment $ 12,000 Town - Library materials $ 15,000 Town - Police training $ 10,000 School Department $100,000 The Board of Selectmen's priority list for use of these funds was $55,000 - $25,000 for Police training, $20,000 for Library materials, and $10,000 for a part time clerical. position in the Police Department. Except for the part time clerical position, these projects are for non-staff expenses which, while needed on an ongoing basis, have no additional costs of benefits and are able to more easily be eliminated from future budgets if required. When reductions were made in the budget to balance the FY 2000 budget, they were made equally from the Town and the School Department. Now that funds are available to be restored, the proposed restoration is not being done on an equal basis. The need for Library materials has been debated at length by Town Meeting, and a request was made that this should be a priority when additional funds are made available. The Town will barely be able to meet the minimum expenses for materials this year, using all sources of funds including budget, trust funds and grants. If the Town does not meet the minimum, then the Town rums the risk of losing over $20,000 in State aid. The demand for materials in the Library is escalating, often driven by the same forces that drive the increasing enrollment in the schools. The Education Reform Act that drives some additional school expense also drives the need for additional Library services and therefore expenses The Police Staffing and Deployment Study had several recommendations, some of which have been implemented. The Board of Selectmen seeks as part of these budget modification to implement two priorities. The first is to increase the training in the Police Department. Currently the two options the Police Officers with respect to the use of force is to use Pepper Spray (Mace), or to use a firearm. The consultant recommended purchase of batons (the modern equivalent of a nightstick) and ongoing training. The batons have been purchased but training funds have not been available. 4 Additionally, more firearms training is desired, as well as ongoing training on issues such as blood borne pathogens. These are ongoing training needs, and the cost of all of the training is $25,000. The need for additional clerical help in the Police Department was pointed out in the Staffing and Deployment Study, in order to free up sworn Officers who are doing a fair amount of clerical work and, therefore, not able to devote all of their time to law enforcement. This position would have a particular beneficial effect on the Town's Traffic Enforcement and planning efforts. The school priority needs are for an additional High School teacher to assist with increasing enrollment at the Reading Memorial High School ($34,000); 4 Educational Assistants to help implement technology in the elementary schools ($50,000); 2 Elementary Instructional Specialists, one in Science and one in Math, to help to implement the curriculum initiatives required by education reform ($70,000; Language Arts and Social Studies pilots to help implement initiatives in these areas related to State mandates and MCAS tests ($25,000); and 1.5 additional custodians to provide services to the expanded Police Department space and the expanded Coolidge Middle School, as recommended in the Peat Marwick report. Finance Committee Report: FINCOM voted the above allocation of funds at its portion of the Budget Council Meeting on June 9, 1999. The FINCOM will further evaluate and report to Town Meeting on this matter at the Special Town Meeting on June 30, 1999. 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 on Mill Street 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 open space and for conservation purposes in accordance with the provisions of Chapter 40, Section 8C of the General Laws, to be managed and controlled by the Reading Conservation Commission; 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 acquisitions, and to authorize the Board of Selectmen and/or Conservation Commission 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 provisions of this vote, or take any other action with respect thereto: The land shown as Lot 2C on Board of Assessors' Revised Plat 245 consisting of 376,574_ square feet more or less, currently believed to be owned by Kenwood Development Corporation. Board of Selectmen Background: The Town's "Open Space and Recreation Master Plan" recommends the acquisition of the 8.64 acre parcel of land along the Ipswich River in Reading between Mill and Main Streets. This is the only piece of privately owned land along the river in Reading. It is the subject of a development application for 7 house lots, and there has been extensive litigation between the Town and the property owner relative to the proposed development. The Trust for Public Lands (TPL), a private non-profit organization that works to assist public agencies to acquire threatened lands, has put together a proposal to acquire the land, assist the Town in making a grant application to the State for 60% of the cost, and forthe Town then to acquire the land. The grant application has been submitted, and the TPL has a Purchase and Sales Agreement with the land owner. The cost to the Town of the property will be $800,000. The Capital Improvements Plan has included a "place holder" for the acquisition of open space at a rate of $100,000 per year, every other year. The reason that it has been and remains impossible to be more specific, is that it is impossible to tell when any particular property may be available for sale. The "Open Space and Recreation Master Plan" identifies a number of priority acquisitions, including this one. Under this Article, Town Meeting will be asked to authorize debt for the full purchase price of the land. The Town has made application for State grant funding in the amount of 58% of the purchase price - $464,000. The remaining $336,000 would be bonded over 5 years, and although it makes the financing plan for the Capital Improvements Program even tighter, it can be done. If the grant is not forthcoming, Town Meeting's action would allow the Town to go forward and to acquire this land, and the Town would bond this for .10 years. Again, this project is "doable" under these circumstances, and assuming all other assumptions in the Capital Financing Plan are adhered to. Finance Committee Report: Action pending. A full report will be made at the Special Town Meeting on June 30, 1999. Bylaw Committee Report: No report. ARTICLE 6 To see if the Town will vote to authorize the Board of Selectmen, with the approval of the School Committee, to rent or lease from time to time any school building not in actual use and to authorize the Board of Selectmen, with the approval of the School Committee and the approval of the Commissioner of Education, to rent or lease from time to time surplus space in a school building in actual use, to any one or more public or private profit-making businesses or nonprofit organizations; provided, i however, that joint occupancy of a school building in actual use shall not interfere with educational programs being conducted in said building and provided that the terms of any such rental or lease shall be as approved by the School Committee and provided that no school building not in actual use shall be rented or leased for an initial term longer than ten years, but with renewal options if approved by the School Committee, or take any other action with respect thereto. Board of Selectmen Background: Town Counsel has reviewed the statute with respect to authorization to lease school property. It is his opinion that the School Committee with the approval of the Board of Selectmen and the Department of Education have that authority. However, the State Department of Revenue suggests that a vote of Town Meeting may be required, although the statute is not specific and there is no case law on the matter. Approval of Article 6 is suggested so that the issue is clear. The Town and the School Department have begun negotiating leases for space at the Reading Memorial High School for RCTV space, and will begin negotiating leases with two other tenants - REAP and the Chinese Connection, once action is taken under this Article. Finance Committee Report: No report. Bylaw Committee Report: Action pending. ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to convey and/or abandon all or any part of the following described right to all the gravel on and the related easement to enter onto and remove such gravel from the following described property, and to determine the minimum amount to paid for such conveyance and/or abandonment, and to authorize the Board of Selectmen to convey and/or abandon all or any part of said right and easement for such amount of money, or a larger amount, and upon such other terms and conditions as the Board of Selectmen shall consider proper and to deliver a deed or other documentation therefor and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available fiords, or otherwise, and appropriate to the Board of Selectmen to carry out the purposes of this vote, or take any other action with respect thereto: The right to all the gravel described in the May 9, 1930 grant from Bjame Iversen and Ragnhild Iversen to the Town of Reading recorded at the Middlesex South Registry of Deeds in Book 5467, Page 326 upon, within and under that portion of the Iversens' land described as: Beginning at the southeasterly corner of Lot C shown upon a plan of land in Wilmington and Reading, Massachusetts dated May 24, 1924 recorded with Middlesex South Registry of Deeds and referred to in the deed of Edward N. Hugo dated May 29, 1924 and recorded with said Deeds in Book 4744, Page 332; 7 Thence the line runs westerly along the northerly side line of Grove Street in said Reading a distance of Two Hundred and Forty-Six (246) feet; Thence turning and running northerly and at right angles to the said northerly side line of Grove Street northerly a distance of Ninety-Two (92) feet; Thence turning and running easterly in a straight line to a point in the easterly side line of said Lot C One Hundred and Twelve (112) feet from the point of beginning a distance of approximately Two Hundred and Forty-Six (246) feet; Thence turning and running on the said easterly side line of said Lot C southerly a distance of One Hundred and Twelve (112) feet to the point of beginning. Board of Selectmen Background: This Article was on the Warrant for the Annual Town Meeting and was tabled because the Town was still negotiating with the property owner. It is hoped that the negotiation will be complete by June 30, and action can be taken by Town Meeting at that time. The action would be to relinquish the gravel mining rights that the Town owns on the property and, therefore, leave the property free of encumbrances. The negotiations with the property owner is over what sum the Town will be paid for the relinquishment of those rights. Finance Committee Report: Action pending. Bylaw Committee Report: No report. 8 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 June 30, 1999, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 15th day of June, 1999. l~ . Sally M. H, , Chairma , Thomas H. Freem n, Constable M hew J. Ncstoi, Secretary ) Camille W. Anthony 47- rge V. roes SELECTMEN OF READING ARTICLE 5 pQ~~ i 4 k V t h r ~ VI U - m~ ms's rn osD 13-3 S s N h a J a U L U Q cv ?\4D c6 Sits ~a oh" ti ~Ff N m e N n NN Q N o q ra ~ 3~ M ^,,S 5 N sea 10 J a 0 O b ro N O v` ti N o'SL, 8 O N (ti o N ovu ~ W W o (D O'$L~ O O^ N !n N 0.SL O o ~ CO O 0,0 c. a) o N g Z N 0'90 0 o O - (s O n 0 p N 0 o - b r /Otc~z~ M N F- a t0 v N F- Q J d N It N N Q J a f M61 J6:79 V% ARTICLE 7 h I Mrna a.~snc GP I a Myo) p J0• k9 GI7[- [ twi. h eI ~I y'tiI LOTA a ° 116,776 S.F. ~ b ti~ I,5I4 01 `19.6J f 22 116,779 a + oI ~v t+. ~ I ocw I N,~S~ I A9CW ~J AMUTEDV U4P IM [O wo- WIN CA, to IF^Of k 46.62 1077 GRO 1 . 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W O CO oO T N N Co c0 O V N M v - U Ln 1~ n- o o cn CO CO CO M m n; cc M n. z CO M M Di P- Imo. n O 'ct N Di h- O cY' M 7- N (D to M Ln m m cD a0 Lc) (D [p O Q N r r r r r r r m C cD Q7 O 4) N N lL Q) y N cu cu N ca ca cc cc V 0) (D J J J J J N m ~ ~ G) O O d ~ N N N N N w > O O O O O > GI CIS-000 Q' d' d d Q cv O 00000 r- o o N 0 0 0 0 0 n Z CO S` O N CO C O O 4 O O 0) C:) C13 CD C) C) CD C~ LO LO C:) C) N r F' N N LO Q J 7~ O t2 CD ^ N _N - cD O O O Q O .M- N Cl r-- 00 LL M 'V C 'O N O N CO CD M i-- N N N «o LO 10 to co LO M Cl) N r- , v cvJ v F- 3: to "i `m c c!' m f` r M C' tD I- al r` m cD co CO m o o fn M cD O cD m w (M co to N N F- z ~ I- P- I- CO CO CO CO O O O N co rt to (D i'- O 0) O 0) IT 0) m Cn 6) O O O O O O O O O O O ~I 177 C C C C C C C C C C C C O O O O O O C) Q O O O O O O O O O O O Z U- W Q cn W J Q W w L O W J CO + Cn N rn J C° Q Q 19 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 Robert's Rules of Order is the basic source, a Town Meeting Member need only be familiar with what is contained in the Charter. These notes are intended to outline the major points all Town Meeting Members should know, and which by knowing, will make Town Meeting more understandable. ORGANIZATION o Town Meeting consists of 192 elected members, of which 97 constitute a quorum. subject may be discussed together; however, only one is formally on the floor, and each when moved is acted upon individually. Note that the vote on one may influence the others. ♦ There are two required sessions: the Annual Meeting in Spring which is primarily for fiscal matters and acceptance of the annual budget, and the Subsequent Meeting in November. Special Town Meetings may be called at any time that the need arises. ♦ There are three main committees which review certain Articles and advise Town Meeting of their recommendations: Finance for all expenditures of funds; Bylaw for all bylaw changes; and the Community Planning and Development Commission for all zoning changes. Their reports are given prior to dis- cussing the motion. GENERAL RULES OF PROCEDURE o 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 ♦ Members who wish to speak shall rise, state their name and precinct in order to be recognized. o A Member may speak for ten (10) minutes but permission must be asked to exceed this limit. o Seven (7) Members can question a vote and call for a standing count and twenty (20) can ask for a roll call vote; however, - a roll call vote is seldom used because of the time it takes. PRINCIPAL MOTION ENCOUNTERED AT TOWN MEETING The following motions are the principal ones used in most cases by Town Meeting to conduct its business. Experience shows that the Members should be familiar with these. o 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. i. s Lay on the Table: Stops debate ♦ Question of Privilege: Sometimes with-the intention generally of used to offer a resolution. Should bringing the subject up again later. not be used to "steal" the floor. May also be used to defer action on an Article for which procedurally a o Point of Order: To raise a question negative vote is undesirable. Note concerning the conduct of the that tabled motions die with Meeting. adjournment. Point of Information: To ask for ♦ Move the Previous Question: Upon information relevant to the business acceptance by a two-thirds (2/3) at hand. vote, stops all debate and brings the subject to a vote. This is generally MULTIPLE MOTIONS the main motion, or SUBSEQUENT (MULTIPLE) MOTIONS ♦ The most recent amendment, unless qualified by the mover. The reason If the subsequent motion to be offered, for this as provided in Robert's Rules as distinct from an amendment made of Order is to allow for other amend- during debate, includes material which meats should they wish to be has previously been put to a vote and presented. defeated, it will be viewed by the Moderator as reconsideration and will s Amend: Offers changes to the main not be accepted. If the subsequent motion. Must be in accordance with motion contains distinctly new material the motion and may not substantially which is within the scope of the Warrant alter the intent of the motion. In Article, then it will be accepted. An accordance with Robert's Rules of example of this latter situation is . Order, only one primary and one successive line items of an omnibus secondary motion will be allowed on budget moved as a block. the floor at one time, unless specif- ically accepted by the Moderator. SUBJECT TO THE FOLLOWING CONSIDERATIONS s Indefinitely Postpone: Disposes of the Article without a yes or no o The maker of any proposed multiple vote. motion shall make their intent known, and the content of the ♦ Take from the Table: Brings back a motion to be offered shall be motion which was previously laid on conveyed to the Moderator - prior to the table. the initial calling of the Warrant Article. ♦ Main Motion: The means by which a subject is brought before the o Once an affirmative vote has been Meeting. taken on the motion then on the floor - no further subsequent alternative THE FOLLOWING MOTIONS MAY BE motions will be accepted. (Obviously USED BY A MEMBER FOR THE does not apply to the budget, for PURPOSE NOTED: example.) t ii. a Also - There can only be one motion the second Monday in November, on the floor at any one time. You except if this day shall fall on a legal have the ability to offer amendments holiday, in which case the Meeting shall to the motion that is on the floor. You be held on the following day. also have the ability to move for reconsideration. The Subsequent Town Meeting shall consider and act on all business as may TOWN OF READING BYLAWS properly come before it, except the adoption of the annual operating budget. ARTICLE 2: TOWN MEETINGS Section 2.1.5 2.1 General Adjourned sessions of every Annual Town Meeting after the first such Section 2.1.1 adjourned session provided for in The Annual Town Meeting shall be held Section 2.1.3 of this Article and all on the third Tuesday preceding the sessions of every Subsequent Town second Monday in April of each year for Meeting, shall be held on the follow- the election of Town officers and for ing Thursday at 7:30 p.m. and then other such matters as required by law to on the following Monday at 7:30 p.m. be determined by ballot. Notwithstand- and on consecutive Mondays and ing the foregoing, in any year in which Thursdays, unless a resolution to presidential electors are to be elected, adjourn to another time is adopted by the Board of Selectmen may schedule a majority vote of the Town Meeting the commencement of the Annual Town Members present and voting. Meeting for the same date designated as the date to hold the Presidential Section 2.1.6 Primary. The Board of Selectmen shall give notice of the Annual Subsequent or Section 2.1.2 any Special Town Meeting at least The polls for the Annual Town Meeting fourteen (14) days prior to the time of shall be opened at 7:00 a.m. and shall holding said Meeting by causing an remain open until 8:00 p.m. attested copy of the Warrant calling the same to be posted in one (1) or more Section 2.1.3 public places in each precinct of the All business of the Annual Town Town, and either causing such attested Meeting, except the election of such copy to be published in a local news- Town officers and the determination of paper or mailing an attested copy of such matters as required by law to be said Warrant to each Town Meeting elected or determined by ballot, shall be Member. considered at an adjournment of such meeting to be held at 7:30 p.m. on the Section 2.1.7 second Monday in April, except if All Articles for the Annual Town Meeting this day shall fall on a legal holiday, in shall be submitted to the Board of which case the Meeting shall be held Selectmen not later than 8:00 p.m. on on the following day or at a further the fifth Tuesday preceding the date of adjournment thereof. election of Town officers, unless this day is a holiday in which case the following Section 2.1.4 day shall be substituted. A Special Town Meeting called the Sub- sequent Town Meeting shall be held on 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 Sub- sequent Town Meeting in which action is to be taken, unless this day is a holiday in which case the following day shall be substituted. Section 2.1.8 The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately deliver a copy of such Warrant to each Member of the Finance Committee, the Community Planning and Development Commission, the Bylaw Committee and the Moderator. 2.2 Conduct of Town Meetings Section 2.2.1 In the conduct of all Town Meetings, the following rules shall be observed: Rule 1 : A majority of the Town Meeting Members shall constitute a quorum for doing business. ' Rule 2: All Articles on the Warrant shall be taken up in the order of their arrangement in the Warrant, unless otherwise decided by a majority vote of the Members present and voting. Rule 3: Prior to debate on each Article in a Warrant involving the expenditure of money, the Finance Committee shall advise the Town Meeting as to its recommendations and the reasons therefor. Rule 4: Prior to debate on each Article in a Warrant involving changes in the Bylaws, the Bylaw Committee shall advise the Town Meeting as to its recommendations and the reasons therefor. Rule 5: Every person shall stand when speaking, shall respectfully address the Moderator, shall not speak until recog- nized by the Moderator, shall state his name and precinct, shall confine himself to the question under debate and shall avoid all personalities. Rule 6: No person shall be privileged to speak or make a motion until after he has been recognized by the Moderator. Rule 7: No Town Meeting Member or other person shall speak on any ques- tion more than ten (10) minutes without first obtaining the permission of the Meeting. Rule 8: Any inhabitant of the Town may speak at a Town Meeting having first identified himself to the Moderator as an inhabitant of the Town. No inhabitant shall speak on any question more than five (5) minutes without first obtaining the permission of the Meeting. Inhabitants shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under con- sideration have first been given an opportunity to do so. Rule 9: Members of official bodies who are not Town Meeting Members shall have the same right to speak, but not to vote, as Town Meeting Members on all matters relating to their official bodies. Rule 10: No speaker at a Town Meet- ing shall be interrupted except by a Member making a point of order or privileged motion or by the Moderator. Rule 11: Any person having a monetary or equitable interest in any matter under discussion at a Town Meeting and any person'employed by iv. another having such an interest, shall Rule 17: Motions to adjourn (except disclose the fact of his interest or his when balloting for offices and when employer's interest before speaking votes are being taken) shall always thereon. be first in order. Motions to adjourn, to move the question, to lay on the table Rule 12: The Moderator shall decide all and to take from the table shall be questions of order subject to appeal to decided without debate. the meeting, the question on which appeal shall be taken before any other. Rule 18: The previous question shall be put in the following form or in some Rule 13: When a question is put, the other form having the same meaning: vote on all matters shall betaken by a "Shall the main question now be put?," show of hands, and the Moderator shall and until this question is decided all declare the vote as it appears to him. debate on the main question shall be If the Moderator is unable to decide the suspended. If the previous question vote by the show of hands, or if his be adopted, the sense of the meeting decision is immediately questioned by shall immediately be taken upon any seven (7) or more Members, he shall pending amendments in the order determine the question by ordering a inverse to that in which they were standing vote and he shall appoint moved except that the largest sum or tellers to make and return the count the longest time shall be put first, and directly to him. On request of not less finally upon the main question. than twenty (20) Members, a vote shall be taken by roll call. Rule 19: The duties of the Moderator Rule 14: All original main motions and the conduct and method of pro- having to do with the expenditure of ceeding at all Town Meetings, not money shall be presented in writing prescribed by law or by the Rules set , and all other motions shall be in writing forth in this Article, shall be determined if so directed by the Moderator. by the rules of practice set forth in ' Robert s Rules of Order Revised so far as they may be adapted to Town Rule 15: No motion shall be received Meetings. and put until it is seconded. No motion made and seconded shall be withdrawn Section 2.2.2 if any Member objects. No amendment It shall be the duty of every official body, not relevant to the subject of the original by a Member thereof, to be in attend- motion shall be entertained. ance at all Town Meetings for the information thereof while any subject Rule 16: When a question is under matter is under consideration affecting debate, no motion shall be in order such official body. except (1) to adjourn, (2) to lay on the table or pass over, (3) to postpone for Section 2.2.3 a certain time, (4) to commit, (5) to All committees authorized by Town amend, (6) to postpone indefinitely or Meeting shall be appointed by the Meeting (7) to fix a time for terminating debate unless otherwise ordered and putting the question, and the by a vote of the Members present and aforesaid several motions shall have voting. All committees shall report as precedence in the order in which they directed by the Town Meeting. stand arranged in this Rule. v. If no report is made within a year after the appointment, the committee shall be discharged unless, in the meantime, the Town Meeting grants an extension of time. When the final report of a committee is placed in the hands of the Moderator, it shall be deemed to be received, and a vote to accept the same shall discharge the committee but shall not be equivalent to a vote to adopt it. 2.2.4.2 The foregoing provisions relating to motions to reconsider shall not apply to any such motion made by the Board of Selectmen and authorized by the Moderator as necessary for the reconsideration of actions previously taken by Town Meeting by reason of State or Federal action or inaction or other circumstances not within the control of the Town or Town Meeting. Section 2.2.4 Motion to Reconsider In the event such a motion to reconsider is made and authorized, said motion 2.2.4.1 A motion to reconsider may be made at any time before the any vote must be made before the final final adjournment of the Meeting at adjournment of the Meeting at which the which the vote was passed, said motion vote was passed but such motion to may be made even if the vote was reconsider shall not be made at an already reconsidered, or was the subject adjourned meeting unless the mover of a vote not to reconsider and has given notice of his intention to make reconsideration may be ordered by a such a motion, either at the session of vote of two-thirds (2/3) of.the votes the meeting at which the vote was present. passed or by written notice to the Town Clerk within twenty-four (24) hours after 2.2.4.3 Notice of every, vote to the adjournment of such session. be reconsidered at an adjourned Town Meeting shall be posted by the Town When such motion is made at the Clerk in one (1) or more public places in session of the meeting at which the vote each precinct of the Town as soon as was passed, said motion shall be possible after adjournment, and he accepted by the Moderator but consid- shall, if practicable, at least one (1) day eration thereof shall be postponed to before the time of the next following become the first item to be considered session of said Adjourned Meeting, at the next session unless all remaining publish such notice in some newspaper Articles have been disposed of, in which published in the Town. case reconsideration shall be con- sidered before final adjournment. There Said notice shall include the vote to be can be no reconsideration of a vote reconsidered and the place and time of once reconsidered or after a vote not to the next following session of said reconsider. Reconsideration may be Adjourned Meeting. The foregoing ordered by a vote of two-third (2/3) of notice provisions shall not apply when a the votes present. motion to reconsider any Town Meeting action is made publicly at Town Meeting Arguments for or against reconsider- before the adjournment of any session ation may include discussion of the of any Adjourned Town Meeting. motion being reconsidered providing such discussion consists only of Section 2.2.5 relevant facts or arguments not pre- The Selectmen shall, at each Annual viously presented by any speaker. Town Meeting, give to the Members information of the State of the Town. Vi. Section 2.2.6 The Town Meeting Members and Town 2.2.7.3 The names of the Meeting Members-Elect from each Members subject to removal in precinct shall hold an annual precinct accordance with Section 2-6 of the meeting after the Annual Town Election Charter shall be grouped by precinct but before the convening of the in the Warrant Article required by said business sessions of the Annual Town Section. Meeting. Section 2.2.8 Meetings During The purpose of the meeting shall be the Town Meeting election of a Chairman and a Clerk and to conduct whatever business may be No appointed or elected board, appropriate. Chairman shall serve no commission, committee or other entity more than six (6) consecutive years in of Town Government shall schedule or that position. Additional precinct meet- conduct any hearing, meeting or other ings may be called by the Chairman or function during any hours in which an by a petition of six (6) Town Meeting Annual, Subsequent or Special Town Members of the precinct. Meeting is in session or is scheduled to be in session. Section 2.2.7 Removal of Town Any such board, commission or Meeting Members committee which schedules or holds a 2.2.7.1 The Town Clerk shall meeting or hearing on the same mail, within thirty (30) days after the calendar day but at a time prior to a adjournment sine die of a Town session of Town Meeting shall adjourn Meeting, to every Town Meeting or recess not less than five (5) minutes Member who has attended less than prior to the scheduled session of Town one half (1/2) of the Town Meeting Meeting. sessions since the most recent Annual Any board, commission or committee Town Election, a record of his attend- may, at the opening of any session of ance and a copy of Section 2-6 of the Town Meeting present to that Town Charter. , Meeting an instructional motion request- 2.2.7.2 Town Meeting Members ing an exemption from this Bylaw and of each precinct shall consider at a asking that Town Meeting permit it to precinct meeting to be conducted in meet at a date and hour at which a accordance with Section 2.2.6 of these future session of Town Meeting is Bylaws and Section 2-6 of the Charter, scheduled and may present reasons preceding the consideration of the for Town Meeting to give such per- Article placed upon the Annual Town mission. Meeting Warrant in accordance with Notwithstanding the foregoing any Section 2-6 of the Charter, the names , board commission or committee which of Town Meeting Members in that , meets the requirements of Section 23B precinct appearing on said Warrant of Chapter 39 of the General Laws Article and adopt recommendations to concerning emergency meetings may Town Meeting as to what action should , upon meeting such requirements be taken regarding each such Member. , conduct such a meeting or hearing at a The Chairman of each precinct or his time scheduled for a Town Meeting. designee shall make such recommend- ations along with supporting evidence arid rationale to Town Meeting. Vii.