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HomeMy WebLinkAbout1996-11-12 Subsequent Town Meeting Warrant ReportT®wn ®f Leading M,Jiq -F_ S ~ a p • THE'WARRANT i MEET IN TB+ 296 ,J TABLE OF CONTENTS WARRANTS - SUBSEQUENT TOWN MEETING NOVEMBER 12, 1996 Article Title Sponsor Page 1 Reports Board of Selectmen 1 2 Instructions Board of Selectmen 1,2 3 Amend C.I.P. Board of Selectmen 2,3 4 Approve Payment of Prior Years Bills Board of Selectmen 3 5 Acceptance Veterans Buy-Back Program Retirement Board 3,4 for Retirement 6 Modifying FY 1997 Budget Board of Selectmen 4-6 7 Rescinding Debt Authorizations Board of Selectmen 7 8 Bylaw on Special Municipal Employees Board of Selectmen 7,8 9 Appropriate Grant Funding for Chapter 90 Board of Selectmen 8 10 Appropriate Grant Funding for No. Main Board of Selectmen 9 Street Sidewalk 11 Appropriate Funding for Downtown Board of Selectmen 9,10 Enhancement Program 12 Sewer Betterment - Longwood Road and Board of Selectmen 10,11 Kelch Road 13 Sewer Betterment - Elliott Street Board of Selectmen 11,12 14 Authorizing Intermunicipal Agreement Board of Selectmen 12 relative to CAMA 15 Bylaw - Parking in Fire Lanes Board of Selectmen 12-14 16 Vacate ROW - Spring Street Board of Selectmen 14 17 Rescinding Action Accepting the Donation Board of Selectmen 14,15 of Land on Main Street - Bahr 18 Zoning - Commercial Communications CPDC 15-18 Structures 19 Zoning - Affordable Housing CPDC 18,19 20 Zoning - Home Occupation CPDC 19,20 21 Zoning Map Amendment - PRD-G CPDC 20,21 22 Zoning Map Amendment - S-15 to Bus A CPDC 21 Art. Title Sponsor Page_ Capital Improvement Program (Blue Pages) 23-27 Funding for Library HVAC Improvements 28 Proposed Motions for Zoning Articles 29-32 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 • 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. • Members who wish to speak shall rise, state their name and precinct, in order to be recognized. • A member may speak for ten minutes, but permission must be asked to exceed this limit. • (7) members can question a vote and call for a standing count and (20) can ask for a roll call vote; however, a roll call vote is seldom used because of the time it takes. • 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. 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 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 Roberts 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 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. ii Section 2.1.2 The polls for the Annual TownMeeting 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 AnnualTown 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 adjournment of such meeting to be held at 7230 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 adjourn- ment 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 oper- ating 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 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 consecutive Mondays and Thursdays un- less 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. 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. iii 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 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. 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 discussion at a Town Meeting and any person employed by another having such an interest, shall disclose the fact of his interest or his employer's interest before speaking thereon. 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 iv commit, (5) to amend, (6) to postpone indefinitely or (7) to fix a time for termin- ating debate and putting the question, and the aforesaid several motions shall have precedence in the order in which they stand arranged in this Rule. Rule 17: Motions to adjourn (except when balloting for offices and when votes are being taken) shall always be first in order. Motions to adjourn, to move the question, to lay on the table and to take from the table shall be decided without debate. Rule 18: The previous question shall be put in the following form or in some other form having the same meaning: "Shall the main question now be put?," and until this question is decided all debate on the main question shall be suspended. If the previous question be adopted the sense of the meeting shall immediately be taken upon any pending amendments in the order inverse to that in which they were moved except that the largest sum or the longest time shall be put first, and finally upon the main question. Rule 19: The duties of the Moderator and the conduct and method of pro- ceeding at all Town Meetings, not prescribed by law or by the Rules set forth in this Article, shall be determined by the rules of practice set forth in Robert's Rules of Order Revised, so far as they may be adapted to Town Meetings. Section 2.2.2 It shall be the duty of every official body, by a member thereof, to be in attendance at all Town Meetings for the information thereof while any subject matter is under consideration affecting such official body. Section 2.2.3 All committees authorized by Town Meeting shall be appointed by the Moderator unless otherwise ordered by a vote of the Members present and voting. All committees shall report as directed by the Town Meeting. If no report is made within a year after the appointment, the committee shall be discharged unless, in the meantime, the Town Meeting grants an extension of time. When the final report of a committee is placed in the hands of the Moderator it shall be deemed to be received, and a vote to accept the same shall discharge the committee, but shall not be equivalent to a vote to adopt it. Section 2.2.4 Motion to Reconsider 2.2.4.1 A motion to reconsider any vote must be made before the final 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 considera- tion thereof shall be postponed to become the first item to be considered at the next session unless all remaining articles have been dis- posed 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 reconsidered providing such discussion consists only of relevant facts or arguments not previously 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 v 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 reconsider and reconsideration may be ordered by a vote of two-thirds (2/3) of the votes present. 2.2.4.3 Notice of every vote to be reconsidered at an adjourned Town 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 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. Chairmen shall serve no more than six 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 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. 2.2.7.2 Town Meeting Members of each precinct shall consider at a precinct meeting to be conducted in accordance with Section 2.2.6 of these Bylaws and Section 2-6 of the Charter, preceding the consideration of the article placed upon the Annual Town Meeting Warrant in accordance with Section 2-6 of the Charter, the names of Town Meeting Members in that precinct appearing on said Warrant article and adopt recom- mendations 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 recommendations 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 govern- ment shall schedule or conduct any hearing, meeting or other function during any hours in which an Annual, Subsequent or Special vi 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 requirements, conduct such a meeting or hearing at a time scheduled for a Town Meeting. vn COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on September 25, 1996notified 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 November 12, 1996, the date set for the Subsequent Town Meeting in this Warrant. I also caused an attested copy of this warrant to be published in the Reading Chronicle in the issue of October 1, 1996. Thomas H. Freeman, Constable b A true copy. Attest: heryl ; Johnson, Town Clerk SUBSEQUENT TOWN MEETING (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road in said Reading, on Tuesday, November 12, 1996, 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: There will be a report on the "State of the Schools" by the Superintendent of Schools, and a report of the School Building Committee under this Article. In addition, the Finance Committee will be making a report on the status of Town finances as preparations are underway for the development of the FY 1998 budget. 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. At this time, there are no known instructions to be given. This Article is usually held until the end of Town Meeting to see if the business of Town Meeting generates any needed instructions. 1 Bylaw Committee Report: No report. Finance Committee Report: No report. ARTICLE 3 To see if the Town will vote to amend the FY 1997 - FY 2006 Capital Improvement 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: The Capital Improvement Plan is adopted by Town Meeting each year at the Annual Town Meeting. This Article then appears on the Warrant for each of the Town Meetings held during the year in case there is a need for changes in the capital program. According to Town Bylaw, no expenditures may be made for capital improvements unless the project is included in the Capital Improvements Plan. The amendments proposed at this Town Meeting are attached to this document as the blue pages. The major areas of change are: • Changes in the financing plan reflecting the sale of debt last summer; • Decrease project PW-B-11 (budget line K7) for Town Building Improvements by $25,000; • Increase project PW-B-13 (budget line K9) Air Systems for Town Buildings to the amount of $212,700 to replace a portion of the failing heating/cooling system at the Reading Public Library, and to introduce a fresh air supply to deal with unacceptable air quality in that building; • Modify projects PW-E-4 through PW-E-24 (budget Line K13 ) as shown for Highway Equipment by reducing the total by $14,800 reflecting a savings on Public Works equipment already purchased; • Modify PW-R 2 - Lincoln street including the Depot lot, to $91,000. The funding is from a separate state grant that does not need appropriation, and the project is bid and will be under construction this fall, perhaps through next spring. • Add the north Main Street sidewalk project under sidewalk construction - PW-R-6, for the grant for the sidewalk project included in article 10 of this Town Meeting. • Reduce School Department project SD-11-5 (budget line K18) Ceiling Tile Replacement by $23,100, with the intent that these funds be "transferred" to SD-B-12; • Establish FY 1997 funding for project SD-B-12 (new budget line item K46) in the amount of $23,100 to fund the initial design of project SD-B-12 - Renovation of the Coolidge Middle School; • Modify project SD-11-13 (budget line K45) - portable Classroom to $75,000; • Add to line PW-W-2 (budget line M4) for Water capital in the amount of $190,000 for completion of the water treatment plant retrofitting; • Reduce line PW-W-7, the Bear Hill water storage tank project, to reflect savings there; 2 Add line PW-S-6 (budget line item N4), Sewer Main Construction to provide for the Sewer projects under Articles 12 and 13, with the source of funds to be from sewer reserves. 30% of the costs will be repaid to sewer reserves from betterments. Under Article 6, the amendment to the FY 1997 budget, Town Meeting would make the actual budget changes noted above as well as any other non-capital budget amendments. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 3. The limited number of significant changes to the CIP reflects improvement in the analysis and planning of capital projects. The Indoor Air Quality analysis recently completed on several Town buildings provides a good basis for planning Town building improvement projects; funding to examine future renovations at the Coolidge Middle School is also a positive step towards developing better information on the scope of that project. ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 1997 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen Background: There are no prior years bills to be paid and, therefore, this Article may be indefinitely postponed. Bylaw Committee Report: No report. Finance Committee Report: No report. ARTICLE 5 . To see if the Town will vote to accept the provisions of Chapter 71 of the Acts of 1996 which authorizes certain public employees creditable retirement service time for active service in the armed forces, or take any action with respect thereto. Contributory Retirement Board Backeround: The Reading Retirement Board voted to accept Chapter 71 of the Acts of 1996 which authorizes active employees who were also veterans to buy back up to four years of creditable service time. The Retirement Board members disclosed that since they are all potentially able to benefit from the buy back, they would refer the subject matter to Town Meeting. The Retirement Board commissioned an actuarial study to determine the amount that the Town would need to appropriate to fund the program. For Fiscal 1997, the Light Department would be required to fund $3,500 and the Town (including water and sewer enterprise funding) would be required to fund $7,000 for a total of $10,500. The study identifies 33 active members, who would be currently eligible, to participate in the buy 3 back. The actuarial study used very conservative estimates, and the actual cost of this program may be somewhat less than noted above. These members would be required to apply for the program within 180 days of Town Meeting approval, and would have to pay 10 % of their first year's wages for every year of buy back. The first year referred to is the first year of an employee's service in the Reading Contributory Retirement System, and the first year of returning to the Reading System if there is a break in service. Actuarial studies or updates would be done each year to determine the funding needed in future years. This funding could be impacted by the number of veterans who actually choose the program, the number of years they choose to buy back, any veterans who have not yet identified themselves to the Reading Retirement Board, and any veterans who are not eligible now but could become eligible in the future. Town Meeting action is needed for members of the local Reading Contributory System only as Reading's teachers are eligible under the State Teachers' Retirement Board whose program is state funded. Contributory Retirement Board Report: A motion to accept Chapter 71 of the Acts of 1996, an act authorizing certain public employees creditable retirement service time for active service in the armed forces effective July 24, 1996, was unanimously approved by the 3 member Contributory Retirement Board. The motion approved reads: "Move that the Town of Reading Retirement Board accept Chapter 71 of the Acts of 1996, and that the record show that the three Retirement Board Members are disclosing that they could all potentially benefit from the act and are, therefore, recommending that the subject matter be referred to Town meeting." Bylaw Committee Report: Recommend 4-0. The Bylaw Committee feels that since the provision that allows a buying back service time is already extended to some of the other municipal employees that it is only fair that veterans also benefit from this provision and just be extended this benefit. Finance Committee Report: The Finance Committee voted 7-1-0 to recommend the approval of Article 5. The estimated cost of accepting this Article represents a small addition to the Town's $2,500,000 annual pension costs. ARTICLE 6 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 8, 1996, amended by action taken under Article 5 of the Warrant of the Special Town Meeting of September 9, 1996, relating to the Fiscal Year 1997 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 4 Background: The following amendments to the FY 1997 budget are proposed at this time depending upon favorable action on Articles 3 and 5 of this Warrant: BUDGET # DESCRIPTION CHANGE in adopted budget NEW BUDGET AMOUNT B9 Community Development General Department - Non Personal Expenses - Consulting fees for Downtown Economic Development +$20,000 $21,700 C12 Finance General Department - Non Personal Expenses for back taxes Sughrue +$425 $50,310 El Health - Personal Services for Sealer of Weights and Measures +$1,787 $31,281 E2 Health - Non Personal Expenses for Sealer of Weights and Measures -$1,787 $42,414 F2 Library - Non Personal Expenses - NOBLE and office supplies +$6743 $125,440 K7 PW-B-11 -Town Building Improvements -$25,000 $22,000 K9 Capital - PW-B-13 Air systems -Town Hall, Fire Station & Library +$125,600 $212,700 K13 PW-E-4, 7, 10, 16 - Public works Equipment -$14,800 $245,700 K18 SD-B-5 - School Ceiling Tile Replacement -$23,100 $22,900 K45 SD--B-13 Portable Building - Portable classroom +$5,000 $75,000 K46 SD-B-12 - Renovate Coolidge Middle School +$23,100 $23,100 Jl School Department +$1,307 19,509,313 Ll Contributory Retirement +$7,000 $1,913,300 L3 Unemployment +20,000 $40,000 L4 Group Health and Life Insurance -$1,307 $2,405,214 NET TAX RATE MODIFICATIONS $144,968 M4 Water - capital (source of funding - water reserves) +$165,000 $822,800 N4 Sewer - Capital (source of funding - sewer reserves) +$200,400 $362,400 TOTAL NET BUDGET MODIFICATIONS $510,368 B9 - This is the funding for the Downtown Improvement Program. The Downtown Steering Committee will match this with $10,000, and the funds will be used to hire a consultant who will work with the Town and the DSC on economic issues related to Downtown. This will complement the work to be undertaken under the Downtown Transportation Enhancement Program. C12 - In accepting the donation of a parcel of land for conservation and recreation purposes, there is $425 in back taxes owed which cannot be abated. El and E2 - This reflects a transfer of the cost of the Sealer of Weights and Measures from a contracted service to a paid position. F2 - The cost of the NOBLE program was more than anticipated, due in part to acquisition of additional ports to serve the Coolidge Middle School. 5 K7 - The Town had anticipated spending $10,000 on heating unit replacements in the Library, and $15,000 placing a fire escape at the Police Station. Due to the needs of K9, and the uncertainty about the future of the Police Station building, these funds may be released to provide some of the resources needed to accomplish K9. K9 - The study of the HVAC needs for 3 Town buildings shows the need to expend this sum for improvement of the HVAC system at the Reading Public Library. The project is needed in order to ensure that there is air conditioning in the building next summer, and that the appropriate air quality standards are met throughout the building. The project is also needed to replace major portions of the aging electric heating system in the building, and to do so in a manner that the remainder of the building can be converted in a cost effective manner at a later date. The page in the Addendum details the source of funds needed to accomplish this project. K13 - The Town was able to acquire all of the DPW equipment purchases under this line item at a cost of $14,800 less than budgeted. K18 - This project for installation of ceiling tiles at Coolidge Middle School was budgeted in FY 1996 and FY 1997. The project has been completed up to the Town's current authorization, and there remains $23,100 which will be transferred to do the Coolidge Middle School architectural work. . K45 - At the September 1996 Town Meeting, $30,000 was transferred from this item, but not all of the bills were in, and $5,000 too much was transferred. K46 - The Capital Improvement Program calls for major work at the Coolidge Middle School in the amount of $500,000. This line item would allow the School Department to proceed with hiring an architect to specifically scope the improvements to be done. In the past, an adequate job has not been done with properly scoping the work to be done, resulting in capital surprises. J1 and L4 - The School Department has requested a transfer because of a change in the way some services are provided L1 - If Article 5 is approved, additional funding is needed to implement it. L3 - The total annual allocation of unemployment benefits will have been spent by the end of October. 95% of the costs are School Department, reflecting the changes in the method of providing some of the School Department services. M4 - This Article will fund an additional $190,000 to do the water treatment plant retrofit. The source of funds is from the water reserves ($165,000) and by transferring surplus funds from the Bear Hill water tank project ($25,000), adding to already available funds for a total project cost of $890,000. This will still leave $200,000 in water reserves. N4 - This Article will appropriate sewer reserves to do 2 petitioned sewer betterment projects, and to allow 30% of the costs of these projects to be assessed as betterments in accordance with State law. This will still leave a comfortable reserve in the sewer reserve account. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 7-0-1 to recommend the approval of Article 6. The net increase in expenditures from the general fund is $144,968; the most significant cause for this increase is related to emergency repairs to the HVAC system at the Library. The Finance Committee also had significant discussions regarding 6 the Town's contribution for consulting services on the Downtown Improvement Program and strongly supports the efforts of the Downtown Steering Committee. ARTICLE 7 To see if the Town will vote to rescind all or part of the remaining bond authorizations made for the purpose of renovating and adding to the Birch Meadow School and the Joshua Eaton School pursuant to a vote taken under Article 13 of the 1993 Annual Town Meeting; and vote to rescind all or part of the remaining bond authorizations made for the purpose of replacing a portion of the roof at the Reading Memorial High School pursuant to a vote taken under Article 10 of the 1994 Annual Town Meeting; or take any other action with respect thereto. Board of Selectmen Background: There remains a balance of $465 in the authorized but unexpended debt for the project to add to and renovate the Joshua Eaton and the Birch Meadow Schools. Additionally, there remains a balance of $7650 in the authorized but unexpended debt for the project to replace a portion of the roofs at the Reading Memorial High School. These balances reflect the amount that was authorized by Town Meeting to be borrowed but which were not needed for the projects. The bonds for these projects, not including the $465 and the $7650, were sold this summer and did not include these amounts. Town Meeting is being requested to clear these authorizations off the books. This action will not make any additional funds available, and this action is required for record keeping purposes. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 7 in the amounts of $465 (Joshua Eaton) and $7,650 (Birch Meadow). ARTICLE 8 To see if the Town will vote to amend Section 4.4.3 of the General Bylaws of the Town by adding thereto "Notwithstanding anything in Section 17 of Chapter 268A to the contrary, a special municipal employee, as defined in Section 1 of Chapter 268A, shall be subject to paragraphs (a) and (c) of Section 17 of Chapter 268A to the same extent as a non-special municipal employee" so that Section 4.4.3 shall read as follows, or take any other action with respect thereto: "4.4.3 No present or former municipal employee shall violate any of the conflict of interest provisions in Chapter 268A, as amended from time to time. Notwithstanding anything in Section 17 of Chapter 268A to the contrary, a special municipal employee, as defined in Section 1 of Chapter 268A, shall be subject to paragraphs (a) and (c) of Section 17 of Chapter 268A to the same extent as a non-special municipal employee." Board of Selectmen 7 Background: Earlier in 1996, the Board of Selectmen had a great deal of discussion related to whether or not to provide "Special Employee" status in a number of situations to resolve Town and School Department employees problems with the Conflict of Interest statutes. The conflicts arose when some employees were appointed to serve on various Boards, Committees or Commissions of the Town but they were also employees of the Town. Special Employee status grants employees the ability to serve their community as volunteers, but it also grants other privileges including the ability to represent other parties before Town Boards, Committees and Commissions. At the Selectmen's direction, Town Counsel has drafted this Bylaw to allow Special Municipal Employees to serve on Boards, Committees and Commissions of the Town but to not represent others before any of the Boards, Committees or Commissions. Bylaw Committee Report: Recommend 4-0. The Bylaw Committee feels that the adoption of this bylaw change will remove a concern that the Committee has with the granting of Special Municipal Employee status to certain individuals without destroying the positive benefits the Town receives from the voluntary or the other beneficial services of those individuals. The Bylaw Committee's concern is that individuals granted special employee status were able to represent others before Town bodies and receive compensation for those services. This change prohibits that practice. This bylaw change will allow a use of the Special Municipal Employee status that will allow positive benefits to the Town. Finance Committee Report: No report. ARTICLE 9 To see what sum the Town will appropriate from available funds for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen Back round: Under Article 12 of the 1996 Annual Town Meeting, debt for Chapter 90 highway improvements was authorized. This has been done annually so that the Town can proceed with design and construction of highway projects for which State funding is allocated but not yet available. The Chapter 90 funds have now been certified as available funds, and this Article will appropriate the sum of $437,834 to do road construction projects in accordance with the Capital Improvements Program, and will automatically extinguish the previously authorized debt. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 9 in the amount of $437,834. 8 ARTICLE 10 To see what sum the Town will appropriate from available funds for North Main Street sidewalk construction, or take any other action with respect thereto. Board of Selectmen Background: Through the efforts of the Town's legislative delegation, the recent State Transportation Bond bill funded $100,000 for the construction of sidewalks on one side of Main Street, from Fairchild Drive north to North Reading. Sidewalks were not constructed along this part of Main Street in 1986 when Main Street in Reading was reconstructed because of a dispute between the State and the Town relative to the width of road construction. The funds are being made available to the Town and the Town will do the construction of the project and will be responsible for its maintenance. This Article will allow the Town to proceed with the project and construction will be done in the Spring/Summer of 1997. No right-of-way will be required, and all local approvals will be secured prior to construction. The cost to the Town is the cost of design and construction administration plus the cost of future maintenance. These costs will be absorbed "in-kind" and will not require an additional appropriation. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 10 in the amount of $100,000 with the source of funds being a Transportation Bond Bill grant. ARTICLE 11 To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for design work in connection with a Downtown Streetscape Design Program, to include urban design, landscape architecture, historic preservation, traffic engineering, civil engineering and related services, to develop working drawings for streetscape improvements and enhancements in all public rights-of-way, public parking lots, the Town Common, and other public lands in Downtown Reading, that is, the area contained in the Business-B Zoning District and immediately adjacent areas, all moneys to be expended under the direction of the Board of Selectmen with advice of the Community Planning and Development Commission and the Downtown Steering Committee, or take any other action with respect thereto. Board of Selectmen Back row und: Last Spring, the Town made application to the Transportation Enhancement Program for funding for a Downtown Streetscape Design project. This application has recently been approved, and will make $230,000 of Federal and State funds available to the Town. This program operates by reimbursing the Town for expenses made in accomplishing the project; the reimbursement mechanism is similar to that used for the Chapter 90 road construction projects. 9 The Town intends to hire a Landscape Architect or Urban Designer, who would assemble a professional team made up of related professionals in the fields of historic preservation, architecture, traffic engineering and civil engineering, to work with the Board of Selectmen, the Community Planning and Development Commission, the Historical Commission and the Downtown Steering Committee, to develop working drawings for streetscape improvements to Downtown. Major emphasis will be placed on making the Downtown's street rights-of-way (17,000 linear feet) more visually attractive, more pedestrian friendly, safer and more compatible with the improvements desired for the Downtown buildings. Elements will include such matters as landscaping, sidewalk widening or modifications, crosswalk shortenings, sitting and meeting areas and pedestrian-oriented features, focal points, street furnishings, bicycle and public transit accommodations, directional signs, traffic circulation changes, increases in on-street parking, handicap access improvements, reduction of traffic sign clutter, historic features preservation, signalization and vehicular circulation improvements, and related drainage and other infrastructure improvements. This Article will make those funds available for expenditure by the Town for that purpose. The local match to this $230,000 grant will be accomplished through "in-kind" services of the Engineering Division, the Community Development Department, and the Town Manager's and Town Accountant's offices. CPDC Report: At its meeting of October 7, 1996, the Community Planning and Development Commission voted 4:0 to recommend the subject matter of Article 11 to Town Meeting. This Article is necessary for the Town to expend funds to accomplish the Downtown Streetscape Design project which funds will be reimbursed from Federal and State funds. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 7-0-1 to recommend the approval of Article 11 in the amount of $230,000 with the source of funds being a Transportation Enhancement Program grant. This project represents a significant positive step in addressing the physical design of Downtown, and will complement the economic planning analysis which will be performed by the consultant working on the Downtown Improvement Program. ARTICLE 12 To see what sum the Town will raise by borrowing, or from the tax levy or transfer from available funds or otherwise, and appropriate for the purpose of constructing a sanitary sewer system and sewer facilities on all or portions of Longwood Road and/or Kelch Road, such sum to be expended by and under the direction of the Board of Selectmen, or take any action with respect thereto. Board of Selectmen Background: The Town has been petitioned by residents of the Longwood Road and Kelch Road areas to install sanitary sewers. This is one of the few areas of Reading that 10 does not now have public sewers available to it. With the change in the Title 5 regulations by the State, this becomes a major concern to property owners. This project will install sanitary sewers at a cost of $161,000 to $ 194,000, 30% of which will be assessed to the property owners as betterments. The Board of Selectmen will determine the exact amount of the betterment following public hearings and upon completion of construction. Property owners will be able to pay their betterments over up to 20 years and interest is charged. Funds will be appropriated from the Sewer Reserves, and will be paid back to the Sewer Reserve as the betterments are paid. The current level of the Sewer Reserve is $572,967.60, and approval of this Article plus Article 13, will leave a balance of between $378,967.60 and $411,967.60. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 12 in an amount not to exceed $194,000 with the source of funds being Sewer Reserves. Approval of this Article and Article 13 will draw down the Sewer Reserve to approximately $375,000 which is significantly above the recommended minimum level reserve of $200,000. ARTICLE 13 To see what sum the Town will raise by borrowing, or from the tax levy or transfer from available funds or otherwise, and appropriate for the purpose of constructing a sanitary sewer system and sewer facilities on all or portions of Elliott Street, such sum to be expended by and under the direction of the Board of Selectmen, or take any action with respect thereto. Board of Selectmen Background: The Town has been petitioned by a resident of Elliott Street areas to install sanitary sewers. This is one of the few areas of Reading that does not now have public sewers available to it. With the change in the Title 5 (septic system) regulations by the State, this becomes a major concern to property owners. This project will install sanitary sewers at a cost of $6,505 30% of which will be assessed to the property owners on a betterment basis. The Board of Selectmen will determine the exact amount of the betterment following public hearings and upon completion of construction. The property owner will be able to pay the betterments over up to 20 years and interest is charged. Funds will be appropriated from the Sewer Reserves, and will be paid back to the Sewer Reserve as the betterments are paid. The current level of the Sewer Reserve is $572,967.60, and approval of this Article plus Article 12, will leave a balance of between $ 372,462.60 and $ 405,462.60. Bylaw Committee Report: No report. 11 Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 13 in an amount not to exceed $6,505 with the source of funds being Sewer Reserves. Approval of the Article and Article 12 will draw down the Sewer Reserve to approximately $375,000 which is significantly above the recommended minimum level reserve of $200,000. ARTICLE 14 To see if the Town will vote pursuant to Section 4A of Chapter 40 of the General Laws to authorize the Town to enter into a contract with other participating cities and towns and Franklin County to help the participating cities and towns improve their Computer Assisted Mass. Appraisal (CAMA) and Tax Administration software, and to' engage in joint purchasing of products and services related to such software. Such agreement shall be effective for ten fiscal years beginning July 1, 1996 and ending June 30, 2006, as among the member cities and towns, and for a one year renewable term between the member cities and towns and Franklin County or its successor, or take any other action with respect thereto. Board of Selectmen Background: The Town uses the CAMA system to assess all properties in the community. This has proven to be very cost effective, allowing the Town to do the triennial revaluation "in-house," and thereby saving a couple of hundred thousand dollars every three years. The CAMA system was initially developed by the Commonwealth of Massachusetts through its Department of Revenue. Once it was developed, DOR removed itself and the State from the process of keeping the system up and operating, and a consortium of the "CAMA communities" has been keeping the system up and operating. It is now time to formalize the inter-community. relationship, and this Article allows the Town to enter into the long term agreements needed to keep the system operating. There is no increase in the current annual cost of $1500 to implement the inter-local agreement. Bylaw Committee Report: No report. Finance Committee Report: The Finance Committee voted 8-0-0 to recommend the approval of Article 14. The Town's share of the annual cost to maintain the CAMA system is minimal (approximately $1,500), and the annual savings is significant (approximately $60,000 per year if the Town were to contract for outside revaluation services). ARTICLE 15 To see if the Town will vote to amend the General Bylaws of the Town of Reading by adding the following new Section 5.13 relating to Emergency Vehicle Access and Fire Lanes, or take any other action with respect thereto: "5.13 Emergency Vehicle Access and Fire Lanes: 12 5.13.1 No person shall park a motor vehicle so as to obstruct or block, or otherwise obstruct or block, the entrance to any roadway, highway, street, private way r riveway so as to prevent access by emergency vehicles to any single or mul ' y dwelling, business, commercial establishment, shopping center, school, sports or recreational facility, other place of public assembly or public or private parking area. 5.13.2 No person shall park a motor vehicle so as to obstruct or block, or otherwise obstruct or block, a fire lane. 5.13.3 Exemptions: Emergency vehicles may park in fire lanes while responding to calls for emergency service. Vehicles making a delivery to a building abutting a fire lane may park in the fire lane for the reasonable length of time necessary to actually make such delivery, if the nature of the delivery or business in the building prohibits or unreasonably restricts the use of any other access to such building. 5.13.4 The Board of Selectmen shall place and maintain signs relating to fire lanes where applicable to public buildings, public ways and public parking areas. The owner(s) of record of all other properties or private ways containing fire lanes shall place and maintain signs so identifying the fire lanes. All such signs shall be no less than twelve (12) inches by eighteen (18) inches and shall read: "FIRE LANE - NO PARKING - TOW ZONE". 5.13.5 As used in this Section 5.13, "fire lane" shall mean a fire lane designated by the Board of Selectmen upon the recommendation of the Chief of the Reading Fire Department. Fire lanes shall be a distance of twelve (12) feet from the curbing of a sidewalk; however, where no sidewalk with curbing exists, the distance shall be twenty (20) feet from the front wall of the nearest building. These distances may be modified by the Board of Selectmen to any distance that the Chief of the Fire Department determines is necessary for public safety. 5.13.1 Any motor vehicle found violating the provisions of this Section 5.13 may be issued a parking violation by the Reading Police Department and/or towed under the direction of the Reading Police Department, and all towing and storage charges shall be as authorized by Section 120D of Chapter 266 of the General Laws. In addition, any person found violating the provisions of this Section 5.13 shall be punished by a fin not less than twenty-five ($25.00) dollars for the first offense and not less than fift uc ($50.00) dollars for the second and any subsequent offense, and each day that s violation continues shall constitute a separate offense. The provisions of this Section 5.13 may be enforced by no 'g riminal disposition in accordance with the provisions of Section 5.11 hereof and Section 21D of Chapter 40 of the General Laws. Board of Selectmen Background: The Chiefs of the Fire and Police Departments have requested that the Town establish the ability to require fire lanes on public and private property, and to enforce the fire lanes for the safety of the general public and of all of the residents of the 13 community. This is being done as a Bylaw to give the Fire Department and the Board of Selectmen the best capability of requiring fire lanes (several private property owners have already requested them), and the Police Department will then be able to enforce the regulations on public and private property. Bylaw Committee Report: Action pending. Finance Committee Report: No report. ARTICLE 16 To see if the Town will vote to authorize the Board of Selectmen to convey and/or abandon a ten foot (10') portion of a certain forty foot (40') right of way in Reading, Middlesex County, Massachusetts situated on land known as and numbered 49 Spring Street; to determine the minimum amount to be paid for such conveyance and/or abandonment; and to authorize the Board of Selectmen to convey or abandon all or any part of said ten foot (10') portion of the right of way for such amount or a larger amount and upon such other terms and conditions as the Selectmen shall consider proper and to deliver a deed therefor if necessary; or take any other action with respect thereto. Board of Selectmen Background: The owner of this property has requested that the Town abandon this easement, but a review by the Department of Public Works has revealed the need to keep a portion of it (30 feet) to maintain the drainage system that crosses the property. The Department has agreed that it could vacate a 10 foot portion without negatively affecting the Town's rights to use and maintain the existing drainage in the easement. Bylaw Committee Report: No report. Finance Committee Report: No report. ARTICLE 17 To see if the Town will vote to rescind the action taken under Article 34 of the Warrant for the Annual Town Meeting of March 23, 1987 pursuant to which the Town voted to accept the gift of real estate located on Main Street and shown as Lot 36 on Board of Assessors Plat 225, from Raymond E. and Carmen Bahr, or take any other action with respect thereto. Board of Selectmen Background: The Town voted in April 1987 to accept the donation of two parcels of adjacent land on Main Street. The properties were of no use to the owners (who owned adjacent property), and the Town was interested in owning these properties-for drainage and open space purposes. After Town Meeting voted to accept the donation of the properties, one of the property owners changed their mind. 14 This Article would rescind the previous Town Meeting acceptance of the property, and is recommended by the Chairman of the Land Bank Committee in order to clear up any confusion as to the status of the property. Bylaw Committee Report: No report. Finance Committee Report: No report. ARTICLE 18 To see if the Town will vote to amend the Reading Zoning By-Laws relating to Communication Facilities and Communication Structures as follows, or take any other action with respect thereto: 1. Delete existing Section 2.2.7. "Communication Facility" and substitute therefor the following new Section 2.2.7: "223. COMMUNICATION FACILITY: A building whose principal use is to contain telephone, telegraphic, or electronic exchanges for the purpose of connecting or networking communications systems; similar facilities; and ancillary offices." 2. Add the following new Section: "2.2.7.1. COMMERCIAL COMMUNICATIONS STRUCTURE: A tower, antenna, dish, or other free-standing structure as defined in the State Building Code, together with any related ancillary building, used for the transmission and/or reception of radio, television, telecommunications, or other electronic communication signals for commercial purposes." 3. Amend Section 4.2.2. Table of Uses so that "Commercial Communications Structures" shall be listed directly beneath "Communication Facilities" and shall be designated as "SPA****" in the Residential S-15, Residential 5-20, Residential S-40, Residential A-80 Districts, and designated as "SPA" in Business A, Business B, Business C, and Industrial Districts; that the word "no" be placed in reference thereto in respect to the Residential A-40 District; and that the following be .placed at the end of said Table 4.2.2.: "****May be permitted only within a State-owned Interstate highway right-of-way." 4. Add new Section 4.3.5. as follows: "4.3.5. COMMERCIAL COMMUNICATIONS STRUCTURES Special Permit for Communications Structures: No Commercial Communications Structure, whether itself a principal use of a lot or as an accessory use to a Communication Facility, shall be constructed without a special permit having been granted by the Board of Appeals. The Board of Appeals may grant a special permit, in accordance with Section 7.3. hereof for such a Commercial Communications Structure, provided that the Board determines that the following criteria have been fulfilled: 15 a. if located in a Residential S-15, S-20, or S-40 District, the communications structure shall be located in a State-owned Interstate Highway right-of-way; if located in a Residential A-80 District, the communications structure shall be mounted only on a building which is more than forty-eight feet in height and which is located not farther than 850 feet of a State-owned Interstate Highway right-of-way; if located in a Business A or Business B District, the communications structure shall only be ancillary to an allowed principal use on the property and shall not be solely or principally used for sending, receiving, or transmitting communications signals as part of a communications system or network not related to or used by any other use taking place on the lot on which the communications structure is located; b. for purposes of public safety, no ground-mounted communications structure shall be erected nearer to any boundary line of the property on which the structure is located than a distance equal to half the vertical height of the structure, inclusive of appurtenant devises as measured at the mean finish grade of the base of the structure; c. for purposes of public safety, no roof-mounted communications structure shall be erected nearer to any boundary line of the property on which the structure is located than a distance equal to half the vertical distance between the roof level of the building on which the communications structure is directly mounted and the top of the communications structure, inclusive of appurtenant devises; any such communications structure mounted on the roof shall be properly secured according to State Building Code and shall be so located or screened that it shall not be unduly visually prominent as viewed from any public way or abutting property; d, all applicable state and federal licenses and approvals have been obtained; e. the communications structure is located and screened, fenced, or otherwise provided with effective safety devices which prohibit unauthorized access near or onto the structure; f. if such communications structure is able in whole or in part to transmit or re-transmit signals, satisfactory evidence shall be submitted that such structure or its type will not cause interference with electronic or electromagnetic devises located on any other property; g. the application for Special Permit shall be accompanied by an application for a Building Permit, with engineering certification that the installation will conform with structural and safety requirements of the Building Code, and by certification of the applicant that the structure will be properly dismantled following two years of continuous disuse of the structure; and h. no signs other than required safety warning signs shall be mounted on the structure. 16 A Special Permit for any communications structure shall remain valid only so long as the owner of such structure shall ensure that the structure is maintained in good operating condition. A failure to do so will result in the immediate termination of the Special Permit. The Building Inspector shall have access to the premises from time to time to inspect the structure. Exception: A dish for purposes of reception only shall not be subject to the provisions of Section 4.3.5. provided that such dish is not larger than eighteen inches in diameter." Community Planning and Development Commission BacUround: With the recent burgeoning growth of cellular and related regional wireless communications and the increase in business needs for wireless communications, there has already been an increase in inquiries and proposals for towers, antennas and dishes. The Community Planning and Development Commission and the Community Development Department have become increasingly concerned with the potential effects of these structures and the inadequacy of our current Zoning By-Laws to control the impacts of these structures on the public and on abutters. Two recent proposals involved cellular towers at heights of 110 feet and 180 feet. These proposals fortunately did not come to pass because one proponent was persuaded to use the Bear Hill Water Tank for mounting the antenna, and the other was persuaded to use the roof of the Addison-Wesley building for locating its antenna. It is estimated that there may be as many as a dozen companies which are attempting to establish communications systems in this region. This Article creates a distinction between traditional communications exchange buildings (such as the telephone exchange) and free-standing telecommunications relay, transmission and receiving structures, and the Article revises the existing definition of Communications Facility to clarify its application to the former, and creates a new definition of Commercial Communications Structure to apply to the latter. The Article amends the Table of Uses to specify where and by what means Commercial Communications Structures may be located--only by Special Permit granted by the Zoning Board of Appeals and only in certain zoning districts or portions thereof. Communications Facilities are and would still be allowed by right in the Business-C and the Industrial Zoning Districts. The Article then establishes a new section which stipulates the criteria by which a Special Permit may be granted for Commercial Communications Structures. These criteria include location, public safety and safety of abutters and passers-by, Federal and State licensing, safeguards against electromagnetic interference, and removal upon disuse. The Article does allow an exception so that there would be no regulation of receiving dishes of 18-inch diameter or less. A similar article was placed on the Warrant for the Fall 1995 Town Meeting but was tabled as a result of input received by CPDC at its public hearing. The Article has now been revised to more appropriately accommodate business needs, and the earlier provisions proposed to regulate non-commercial towers and antennas in residential districts are not included in this Article. 17 CPDC Report: At a public hearing held on October 7 and 21, 1996, the Community Planning and Development Commission voted 4:0 to recommend the subject matter of Article 18 to Town Meeting. By-Law Committee Report: Recommend 4-0. This Zoning By-Law change deals only with the commercial facilities. In this time of greater technology communication methods, the Bylaw Committee believes it is important to control and regulate these facilities within the Town of Reading. ARTICLE 19 To see if the Town will vote to amend the Reading Zoning By-Laws as follows: By replacing Paragraph 4.7.2.1.h., which now reads: "Required Low- and Moderate- Income Housing: There shall be provided on-site, or off-site in a manner acceptable to the Reading Housing Authority, a minimum of ten percent of its total units (both on-site and ofd site) affordable to low-income, moderate-income, or elderly households in perpetuity. with the following wording: "Required Low- and Moderate-Income Housing: There shall be provided in perpetuity on-site or ofd site in a manner acceptable to the Reading Housing Authority a minimum of ten percent of the total units relative to the development (both on-site and off-site) affordable to very-low-income, low-income, moderate-income, and/or elderly households as determined by the most recent calculations of the U. S. Department of Housing and Urban Development for the Boston Metropolitan Area." 2. By replacing Paragraph 4.9.4.5.8., which now reads: "Provision of low or moderate income or elderly housing within the PUD in conformance with this PUD By-Law and/or off-site in a manner acceptable to the Reading Housing Authority.", with the following wording: "Provision in perpetuity and in a manner acceptable to the Reading Housing Authority, of housing units within the PUD, in conformity with this PUD Bylaw, and/or off-site, which units are affordable to very-low-income, low-income, moderate-income, and/or elderly households as determined by the most recent calculations of the U. S. Department of Housing and Urban Development for the Boston Metropolitan Area." or take any other action with respect thereto. Community Planning and Development Commission on request of the Reading Housing Authority Background: In the course of reviewing some special permit cases under the Planned Residential Development--Municipal (Bear Hill) and the Municipal Building Re-Use (Pearl 18 Street School) bylaws, it was found that the affordable housing ("linkage") requirements spelled out in the current Zoning By-Laws do not accord with current State regulatory provisions for the entire spectrum of low- and moderate-income households particularly in regard to the very-low-income. Thus, our existing requirements fall short of those established now by Federal and State standards. The Housing Authority has thus been hampered in its efforts to have the developers provide a full range of affordable housing opportunities needed by Reading residents and furthering the fulfillment of Federal and State affordable housing objectives. This amendment would remedy this deficiency. This amendment would also clarify the role of the Housing Authority in determining the specific requirements to be placed on developers in regard to providing affordable housing. CPDC Report: At a public hearing held on October 7, 1996, the Community Planning and Development Commission voted 4:0 to recommend the subject matter of Article 19 to Town Meeting. By-Law Committee Report: Recommend 4-0. The By-Law Committee concurs with this Zoning By-Law change which conforms the low and moderate housing bylaw to State and Federal standards and clarifies the role the Housing Authority has under that bylaw. ARTICLE 20 To see if the Town will vote to amend the Reading Zoning By-Laws by substituting the following for Section 2.2.17: 2.2.17. "HOME OCCUPATION: The use of any part of a dwelling as an office, studio or working room by person(s) resident in the dwelling, provided that no goods are publicly displayed for sale on the premises, that no goods are offered for sale on the premises, that not more than one person is employed on the premises who is not a resident of the dwelling, that the public is not generally solicited or invited to enter the premises in order to conduct business, and that the location of the premises is not advertised to the general public." or take any other action with respect thereto. Community Planning and Development Commission Background: The current definition of Home Occupation in the Zoning By-Law reads: "2.2.17. HOME OCCUPATION: the use of room or rooms in a dwelling as an office, studio or working room by a person resident in the house where no goods are publicly displayed or offered for sale." A slightly different version of this Article had been presented to the Fall 1994 Town Meeting and was not adopted at that time. Town Meeting members raised concerns that the Article could unduly restrict the ability of homeowners to conduct income- producing activities on their properties. This is still a concern, and would still be an effect of this Article. However, the Community Planning and Development Commission, upon request of the Building Inspector and the Town Planner, still sees a potential without this 19 Article for the introduction of business uses, particularly with the growth of service uses, into residential neighborhoods, to the detriment of abutters and the quality of neighborhoods. The current definition of Home Occupation relates to retail uses involving goods, and is not clear enough or tight enough to control the growth of a home occupation, especially involving services, into a business which could then cause neighborhood disruption, particularly regarding traffic, parking, signs and noise. The current definition also does not create a clear distinction between a legitimate home occupation and a business. The CPDC feels that either a business needs to be in a business district, or should be in a residential district only as a result of a public hearing process, through variance or special permit application to the Zoning Board of Appeals, which would allow examination of the likely effects of such a use, and would enable controls for the protection of residential abutters to be put in place as enforceable conditions of such a variance or special permit. The difference between this and the earlier version of this Article, is that this proposed definition would allow one non-resident of the property to be employed there in a home occupation, whereas the earlier version allowed none, and the stipulation that "the location of the premises is not advertised to the general public" has now been removed. It is frankly acknowledged that some traditional home uses such as doctors' and dentists' offices, if employing more than one non-resident, would be hereby defined as not being home occupations and, therefore, as businesses; these could still be allowed through the variance or special permit process which would enable protections for abutters to be established and enforced. CPDC Report: At a public hearing held on October 7, 1996, the Community Planning and Development Commission voted 3:1 to recommend the subject matter of Article 20 to Town Meeting. By-Law Committee Report: Recommend 4-0. The By-Law Committee concurs with this proposed change in the definition of a home occupation since in the past time more individuals through computers are working in their homes. The By-Law Committee particularly concurs with the adding of the part that allows one employee who is not a resident of the home to work in the home. ARTICLE 21 To see if the Town will vote to amend the Reading Zoning Map by adding a Planned Residential Development General (PRD-G) Overlay Zoning District to property consisting of Lots 4B, 5 and 6 as shown on the Reading Board of Assessors Map 30, as revised through January 1, 1996, totaling approximately 4.1 acres of land at and adjacent to 139 Howard Street, or take any other action with respect thereto. Community Planning and Development Commission 20 Background: This Article would place a Planned Residential Development--General (PRD-G) Zoning Overlay District on property on Howard Street, enabling the prospective owner to pursue the development of the property as a planned residential development instead of as a conventional subdivision, which may be pursued as a matter of right without zoning amendment. CPDC Report: At a public hearing held on October 7, 1996, the Community Planning and Development Commission voted 3:1 to recommend the subject matter of Article 21 to Town Meeting. By-Law Committee Report: Recommend 5-0. The By-Law Committee concurs that the placing of a PRD-G on this property is in the best interest of the Town. ARTICLE 22 To see if the Town will vote to amend the Reading Zoning Map by rezoning from Residential S-15 to Business A all of Lot 20 and portions of Lots 12, 13, and 14, as shown on the Reading Board of Assessors Map 43 as revised through January 1, 1977, on and behind 315 Main Street and adjacent properties to the north and east, or take any other action with respect thereto. Community Planning and Development Commission Background: This Article would extend the existing Business-A Zoning District into an area currently zoned as Residential 5-15. The major portion of the area subject to this requested rezoning is currently undeveloped and has no street frontage. While the proponent of the rezoning has expressed an intent to develop the site for an office building, a rezoning would permit by right, subject to site plan review, any use permitted by the Table of Uses (Section 4.2.2.) of the Zoning By-Laws in a Business-A Zoning District. These uses include retail sales, consumer services, office, financial institution, wholesale business, hotel or motel, funeral parlor, veterinarian, automobile sales, service station, repair garage, commercial parking lot, or enclosed storage. CPDC Report: At a public hearing held on October 7, 1996, the Community Planning and Development Commission voted 4:0 to table the subject matter of Article 22. By-Law Committee Report: No action. The By-Law Committee took no action on this Article since we were informed that the CPDC intends to table the subject matter of this Article. 21 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 12, 1996, 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 .-;2~~day of Sf, 1996. -Georg VrHines, Chairman Carriille"W. 'Anthony, Vice Chairman r "AL ce MacDonald, Secretary ally M. Hot Daniel A. Ensminger SELECTMEN OF READING ~ r Thomas H. 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Uo F`• ( ) d rn~Z~mE Gl F FE E°' m~.m$m~i~ccm F m c.c V p, 3 m mo m m ova - ~mcm'~am 'off z m me-:c'> > :c 0 a W OSQd y mU '~mo•mm ,,ggm~SSS b'~Eis a y b N ui 00 C F ~ 3 333 33 3 N ~ Z ~ ~ti W T. V Q Z_ 0 W LL Z 0 F aocoooocoou lu> N O n ri Oi Vi ( c u~i 8040000f0000 W ~ .=00Q 1000 < O O O O M O 0 0 I~inV-00t+l~ocio ~ 4. w IV ![1 0 0 0 0 0 1('1 0 1,7 ccOO cc~~77 O M1 c000000000 v 4400000.-000 ycQ~oci~c~on~o N WNv N lh y~qX} L fp 00 pd t7pOtn I^ g ~nv; CJ CO (V ~ O ~ tV O YgO O g gN c00004000 O HIV c~'i O O 0 O'T O O ifs 0 U mnoooonooo Iv L`o O> N V i O O O O O n O O O N U.,i.-00 fD O 0 U. c0 c0 O K f0 A (h O O O O c o pp0 (o o Q~ a, Ct O W o c7 1ILL O to ~ f7 N m O '@ z 0 O p U- 0 c L' 2 ° 2 a.n.49 O 2 °E¢ ~ g A9A`o8'ee°o dcN VOa cs w0te7V~ d mUUOWWOW 27 FUNDING FOR LIBRARY HVAC IMPROVEMENTS The following is the proposed funding mechanism for the HVAC modifications to the Reading Public Library. This funding is proposed to be put in place this fiscal year: Cost of Project Available in Capital Program - Line K-9 Available encumbered design funds Reduction in funds from DPW equip. Purchase - K-13 Reduction in Building Improvements - K-7 "New" funding needed * Requires Town Meeting action under Articles 5 and 6. $ 222,700 87,100 10,000 14,800* 25,000* 85,800* 28 MOTION UNDER ARTICLE 18: Move that the Town vote to amend the Reading Zoning By-Laws relating to Communication Facilities and Communication Structures as follows: 1. Delete existing Section 2.2.7. "Communication Facility" and substitute therefor the following new Section 2.2.7: "2.2.7. COMMUNICATION FACILITY: a building whose principal use is to contain telephone, telegraphic, or electronic exchanges for the purpose of connecting or networking communications systems; similar facilities; and ancillary offices." 2. Add the following new Section: "2.2.7.1. COMMERCIAL COMMUNICATIONS STRUCTURE: a tower, antenna, dish or other free-standing structure as defined in the State Building Code, together with any related ancillary building, used for the transmission and/or reception of radio, television, telecommunications or other electronic communication signals for commercial purposes." 3. Amend Section 4.2.2. Table of Uses so that "Commercial Communications Structures" shall be listed directly beneath "Communication Facilities" and shall be designated as "SPA****" in the Residential S-15, Residential S-20, Residential S-40, Residential A-80 Districts and designated as "SPA" in Business A, Business B, Business C and Industrial Districts; that the word "no" be placed in reference thereto in respect to the Residential A-40 District; and that the following be placed at the end of said Table 4.2.2.: * * *May be permitted only within a State-owned Interstate highway right-of-way." 4. Add new Section 4.3.5. as follows: "4.3.5. COMMERCIAL COMMUNICATIONS STRUCTURES Special Permit for Communications Structures: No Commercial Communications Structure, whether itself a principal use of a lot or as an accessory use to a Communication Facility, shall be constructed without a special permit having been granted by the Board of Appeals. The Board of Appeals may grant a special permit, in accordance with Section 7.3., for such a communications structure, provided that the Board determines that the following criteria have been fulfilled: a. if located in a Residential S-15, S-20, or S-40 District, the communications structure shall be located in a State-owned Interstate Highway right-of-way; if located in a Residential A-80 District, the communications structure shall be mounted only on a building which is more than forty-eight feet in height and which is located not farther than 850 feet of a State-owned Interstate Highway right-of-way; if located in a Business A or Business B District, the communications structure shall only be ancillary to an allowed principal use on the property and shall not be solely or principally used for sending, receiving, or transmitting communications signals as part of a communications system or network not related to or used by any other use taking place on the lot on which the communications structure is located; 29 b. for purposes of public safety, no ground-mounted communications structure shall be erected nearer to any boundary line of the property on which the structure is located than a distance equal to half the vertical height of the structure, inclusive of appurtenant devises as measured at the mean finish grade of the base of the structure; C. for purposes of public safety, no roof-mounted communications structure shall be erected nearer to any boundary line of the property on which the structure is located than a distance equal to half the vertical distance between the roof level of the building on which the communications structure is directly mounted and the top of the communications structure, inclusive of appurtenant devises; any such communications structure mounted on the roof shall be properly secured according to State Building Code and shall be so located or screened that it shall not be unduly visually prominent as viewed from any public way or abutting property; d. all applicable state and federal licenses and approvals have been obtained; e. the communications structure is located and screened, fenced, or otherwise provided with effective safety devices which prohibit unauthorized access near or onto the structure; f. the applicant shall certify in writing to the Board that should any complaint as to electronic or electromagnetic interference be received the applicant shall forthwith exercise its responsibility to remedy such interference; g. the application for Special Permit shall be accompanied by an application for a Building Permit, with engineering certification that the installation will conform with structural and safety requirements of the Building Code, and by certification of the applicant that the structure will be properly dismantled following two years of continuous disuse of the structure; and h. no signs other than required safety warning signs shall be mounted on the structure. A Special Permit for any communications structure shall remain valid only so long as the owner of such structure shall ensure that the structure is maintained in good operating condition. A failure to do so will result in the immediate termination of the Special Permit. The Building Inspector shall have access to the premises from time to time to inspect the structure. Exception: A dish for purposes of reception only shall not be subject to the provisions of Section 4.3.5. provided that such dish is not larger than eighteen inches in diameter." Community Planning and Development Commission 30 MOTION UNDER ARTICLE 19: Move that the Town vote to amend the Reading Zoning By-Laws as follows: 1. By replacing Paragraph 4.7.2.1.h., which now reads: "Required Low- and Moderate- Income Housing: There shall be provided on-site, or off-site in a manner acceptable to the Reading Housing Authority, a minimum of ten percent of its total units (both on-site and off-site) affordable to low-income, moderate-income, or elderly households in perpetuity.", with the following wording: "Required Low- and Moderate-Income Housing: There shall be provided in perpetuity on-site or off-site in a manner acceptable to the Reading Housing Authority a minimum of ten percent of the total units (both on-site and off-site) relative to the development, which units shall be affordable to very-low-income, low-income and moderate-income families and/or elderly households as determined by the most recent calculations of the U. S. Department of Housing and Urban Development for the Boston Metropolitan Area." 2. By replacing Paragraph 4.9.4.5.g. which now reads: "Provision of low or moderate income or elderly housing within the PUD in conformance with this PUD By-Law and/or oil site in a manner acceptable to the Reading Housing Authority.", with the following wording: "Provision in perpetuity and in a manner acceptable to the Reading Housing Authority of housing units on-site or off-site which units are affordable to very-low-income, low-income and moderate-income families and/or elderly households as determined by the most recent calculations of the U.S. Department of Housing and Urban Development for the Boston Metropolitan Area. Housing units on-site shall be provided in conformity with this PUD By-Law." Community Planning and Development Commission on request of the Reading Housing Authority 31 MOTION UNDER ARTICLE 20: Move that the Town vote to amend the Reading Zoning By-Laws by substituting the following: for Section 2.2.17: 2.2.17. "HOME OCCUPATION: the use of any part of a dwelling as an office, studio or working room by persons resident in the dwelling, provided that no goods are publicly displayed for sale on the premises, that no goods are offered for sale on the premises, that not more than one person is employed on the premises who is not a resident of the dwelling, and that the public is not generally solicited or invited to enter the premises in order to conduct business." Community Planning and Development Commission MOTION UNDER ARTICLE 21: Move that the Town vote to amend the Reading Zoning Map by adding a Planned Residential Development--General (PRD-G) Overlay Zoning District to property consisting of Lots 4B, 5 and 6 as shown on the Reading Board of Assessors Map 30 as revised through January 1, 1996, totaling approximately 4.1 acres of land, at and adjacent to 139 Howard Street. Community Planning and Development Commission MOTION UNDER ARTICLE 22: Move that the subject matter of Article 22 be tabled. Community Planning and Development Commission 32