HomeMy WebLinkAbout1982-11-08 Subsequent Town Meeting Minutes7
SUBSEQUENT TOWN MEETING
Reading Memorial High School November 8, 1982
The meeting was called to order by the Moderator, John W. Faria, at 8:00 P.M. there
being a quorum present.
The Warrant was partially read by the Town Clerk, when on motion of Marvin M.
Rosenthal it was voted to dispense with further reading of the Warrant except the Officer's
Return which was then read by the Town Clerk.
The invocation was given by the Rev. David W. Reid of the First Baptist Church
followed by the Pledge of Allegiance to the Flag.
ARTICLE 1. The following report, presented by Stanley M. Nissen for the By -Law
Committee, was accepted as a report of progress.
REPORT OF THE BYLAW COMMITTEE
November 8, 1982
At the Annual Town Meeting this year, it came to light that the Town Bylaw relating
to employment of the physically handicapped was badly out of date. In response to this
problem, stopgap action was taken at that time. Since then, the Bylaw Committee has
asked Town Counsel to review all General Bylaws to identify those that fall into one of the
following three categories:
1. Inconsistent with state and /or federal laws.
2. Inconsistent with current practice.
3. Ambiguous as to real intent.
Based on this review, the Bylaw Committee has placed a series of articles on the
warrant, one of which will be presented by the Law Committee.
The Bylaw Committee also had an opportunity, by getting an early start, to review all
other Bylaw articles well in advance of warrant publication. As a result, of 9 articles
relating to the General Bylaws, 7 will be presented exactly as they appear on the warrant.
To allow a continuation of this practice, the Bylaw Committee will begin meeting, in
preparation for the next Annual Town Meeting, in January. At that time, we will work with
any articles proposed by other Boards. We also intend to review the Bylaws relating to
conduct of Town Meeting. We encourage you and any other citizens of Reading to contact
us and /or attend our meetings to provide us with ideas for improvement in this area.
ARTICLE 1. On motion of Marvin M. Rosenthal it was voted to lay Article 1 on the
table.
ARTICLE 2. On motion of Marvin M. Rosenthal it was voted to lay Article 2 on the
table.
ARTICLE 3. On motion of Paul C. Dustin it was voted that the sum of One Thousand
Two Hundred Ninety -seven Dollars ($1,297) be transferred from free cash and appropriated
for the payment of the following unpaid bill of a previous fiscal year.
School Dept. Special Needs $ 1,297
144 voted in the affirmative
0 voted in the negative
ARTICLE 4. On motion of Gerald A. Fiore it was voted that Artcle 4 be discussed
after Article 9.
ARTICLE 5. On motion of Carl H. Amon, Jr. it was voted that the Town hereby
authorize the Law Committee to compromise or settle two cases currently pending involving
present or former police officers of the Town, by authorizing that payment of $15,000.00 be
made to Gerald C. Powers on behalf of Hobart Nelson in the case of Gerald C. Powers and
Hobart Nelson v. Joseph M. Leahy v. Hobart Nelson, Middlesex Superior Court Civil Action
No. 76 -3933 and by authorizing the waiver of the Town's claims for indemnification from
Gerald C. Powers in said case, and by authorizing the waiver of the Town's claims for
indemnification from Hobart Nelson in the case of Joseph M. Leahy v. Hobart Nelson,
Middlesex Superior Court Civil Action No. 76 -1974, both proposed settlements to be made
upon the express understanding that no compromise or settlement will be made by the Law
Committee unless both pending cases are settled as to all parties by all parties involved, and
that the Town hereby authorizes the Law Committee and /or Town Counsel to enter into
Agreements for Judgment or any other documentation as may be necessary to compromise
or settle these cases; and that the sum of Fifteen Thousand Dollars ($15,000.00) be
transferred from free cash and appropriated to the Law Committee for the compromise or
settlement of the aforementioned cases.
Subsequent Town Meeting November 8, 1982
ARTICLE 6. On motion of John W. Price it was voted that the Town authorize the
Board of Selectmen to sell or exchange or dispose of, upon such terms and conditions as they
may determine, Engine 3, 1960 Seagrave 1000 gallon pumper in use by the Fire Department.
ARTICLE 7. On motion of John W. Price it was voted that the sum of Five Thousand
Four Hundred Twenty -eight and 05 1100 Dollars ($5,428.05) be transferred from Chapter 44
Insurance Funds and appropriated for the repair and reconditioning of the ambulance.
ARTICLE 8. On motion of John W. Price it was voted that the sum of Five Thousand
Nine Hundred Sixty -nine Dollars ($5,969) be transferred from free cash and appropriated for
the repair and reconditioning of the Fire Department Ladder Truck.
ARTICLE 9. On motion of Stanley M. Nissen it was voted to lay Article 9 on the
table until after Article 4.
ARTICLE 4. On motion of Gerald A. Fiore it was voted to amend the FY 83 Capital
Outlay Plan as provided for in Article III, Section 11 of the By -laws of the Town of Reading,
as adopted at the Subsequent Town Meeting of November, 1981, and amended at the June 1,
1982 session of the 1982 Annual Town Meeting, by eliminating 5,000 from FIRE DEPT.: Fire
Station, in FY 83, reducing the 40,000 under LIBRARY: Automated Library System,
scheduled in FY 84 to 30,000, and rescheduling this item to FY 1983, and increasing
CEMETERY: Cemetery Improvement, from 7,500 to 10,000 in FY 83.
ARTICLE 9. On motion of Gerald A. Fiore it was voted to take Article 9 from the
table.
ARTICLE 9. On motion of Elia A. Dangelmaier it was voted that the sum of Thirty
Thousand Dollars ($30,000.00) be transferred from available free cash and appropriated for
the purpose of providing computer automation of the Reading Public Library's circulation
and cataloguing systems including site preparation, purchase of hardware and supplies,
training, conversion of current systems and all other costs incidental thereto; said sums to
be spent under the direction of the Board of Library Trustees.
ARTICLE 10. On motion of Paul C. Dustin it was voted that Article 10 be indefinitely
postponed.
ARTICLE 11. On motion of Gail F. Wood it was voted that the sum of Four Hundred
Fifty Thousand Dollars ($450,000) as may be provided by the Commonwealth of
Massachusetts be appropriated for the purpose of designing, constructing and reconstructing
or improving of transportation facilities of the Reading Central Business District all in
accordance with Chapter 732 of the Acts of 1981, and that such sums be expended by and
under the direction of the Board of Public Works and in such locations as the Board of Public
Works may deem advisable.
ARTICLE 12. On motion of John L. Fallon, Jr. it was voted that the sum of Sixty -two
Thousand One Hundred Forty -five Dollars ($62,145.00) as may be provided by the
Commonwealth under Chapter 191 of the Acts of 1982 be appropriated for the purpose of
improving, constructing and reconstructing public town ways. Such sums to be spent by and
under the direction of the Board of Public Works.
ARTICLE 13. On motion of Henry A. Higgott it was voted to postpone Article 13 until
November 15, 1982, at 8:00 P.M.
ARTICLE 14. On motion of Maurice C. Proctor, Jr. it was voted that Article 14 be
indefinitely postponed.
ARTICLE 15. On motion of Gerald A. Fiore it was voted to adopt a five year Capital
Outlay Plan as provided for in Article III, Section 11 of the By -Laws of the Town as follows:
PROPOSED CAPITAL OUTLAY PLAN
1A 1983- 1988
ESTIMATED APPROPRIATIONS, IN THOUSANDS OF DOLLARS
PROJECTS FUNDED BY TAX LEVY
PUBLIC WORKS
Roadway Reconstruction
Storm Drain Construction
Sidewalk Reconstruction
Equipment Replacement
Parks and Playgrounds
Sewer System Reconstruction
Sidewalk Construction
Street Betterments
FY 1983 FY 1984 FY 1985 FY 1986 FY 1987 FY 1988
260.0
260.0
260.0
260.0
260.0
260.0
160.0
160.0
160.0
160.0
160.0
160.0
21.0
21.0
21.0
21.0
21.0
21.0
150.0
150.0
150.0
150.0
150.0
150.0
50.0
50.0
50.0
50.0
50.0
50.0
75.0
75.0
75.0
8.0
15.0
15.0
15.0
15.0
15.0
20.0
20.0
20.0
20.0
20.0
77
78
Subsequent Town Meeting
November 8, 1982
PROJECTS FUNDED BY TAX LEVY FY 1983 FY 1984 FY 1985 FY 1986 FY 1987 FY 1988
RECREATION
Pool 12.0 25.0 40.0
CEMETERY
10.0
Cemetery Improvements
10.0
Air Compressor
4.5
Vehicle Replacement
BORROWING FOR LIBRARY
CONSERVATION
10.0
Acquire Water Resource Lands
9.0
Land Management
5.0
Land Improvements
2560.3
SCHOOLS
3.0
School Data Processing Equipment
11.2
Replace Roofs- BM,RMHS,CJH,Killam,
2.0
F1d.Hse., Eaton
135.0*
Alter Auditorium - Eaton
25.0
Replace RMHS Electric Panel
16.5
Chapter 504
17.8
Energy Related Projects
50.0
Oil Burner Replacements
36.0
Retube Boiler - PJHS
6.0
Field House Door Replacement
9.0
Bobcat Replacement
Boiler Replacement - Eaton
50.0
Central Office Relocation &
25.0
Pearl St. Mothballing
36.0
Practice Field Refurbishing
54.0
Athletic Storage Building
Vehicle Replacement
RMHS Remodeling for Dec.Enroll.
Educational Equipment Replacement
COMPUTER
Lease
60.0
POLICE DEPT.
10.0
Traffic Lights
7.5 7.5
FIRE DEPT.
4.5
Fire Station
BORROWING FOR LIBRARY
Ambulance Chasis
10.0
Vehicle Replacement (Chief's Car)
9.0
Refurbish Engine #1
15.0
Replace Engine #5
2560.3
Replace Pickup
3.0
Replace Ambulance
2848.4
BUILDING MAINTENANCE
2.0
Vault Doors
14.0
Building Improvements
25.0
LIBRARY
20.0 20.0
Microfilm Reader - Printer
4.5
Automated Library System (Art. 9)
30.0
COUNCIL ON AGING
New Van
PRIOR YEARS PROJECTS FUNDED
10.0
10.0
7.5
7.5 7.5
1055.6 **
4.5
847.9 **
BORROWING FOR LIBRARY
45.0
186.0
15.0
9.0
20.0
15.0
10.0
2560.3
10.0
3.0
3201.6
2848.4
2031.3
2.0
5.6
20.0
20.0
20.0 20.0
45.0
185.0
100.0
100.0 100.0
40.0
10.0
24.0
50.0
50.0
50.0
25.0
36.0
36.0
24.0
13.5
40.0
50.0
10.0
11.0 8.5 10.0
75.0 50.0 100.0
12.0 12.0 12.0 12.0 12.0
53.5 53.5 53.5 53.5 17.9
8.0
20.0
100.0 250.0 250.0
500.0 500.0 500.0
114ft
s
40.0
25.0 25.0 25.0 25.0 25.0
15.0
BY BORROWINGS
1372.3 **
1195.9 **
1117.8 **
1055.6 **
887.4 **
847.9 **
BORROWING FOR LIBRARY
45.0
186.0
182.0
178.0
174.0
170.0
TOTAL PROJECTS
2560.3
2577.5
3146.3
3201.6
2848.4
2031.3
`l
79
Subsequent Town Meeting
PROJECTS FUNDED BY TAX LEVY
November 8, 1982
FY 1983 FY 1984 FY 1985 FY 1986 FY 1987 FY 1988
INCOME
Water Resource Land Reimbursement 10.0 7.5 5.0
Sale of Cemetery Lots 10.0 10.0 10.0 7.5 7.5 7.5
School Construction - State Aid 187.6 187.6 173.8 173.8 173.8 173.8
TOTAL TO BE RAISED BY TAXATION
2362.7
2379.9
2952.5
3012.8
2662.1
TOTAL TAX VALUATION (MILLIONS)
608.0
638.0
670.0
703.0
738.0
FFECT ON TAX RATE 3.89 3.73 4.41 4.29 3.61
ROJECTS FUNDED BY PUBLIC
ENTERPRISE RATES
WATER
Development of Wells 100.0 100.0
Water Dept. Prior Borrowing 456.7 383.4 361.4 324.7 263.2
MUNICIPAL LIGHT DEPT.
1970 Enlarge Lighting Plant 45.3 43.5 41.7 39.9 38.1
New Power Feeder Station 139.0 133.8 128.6 123.4 118.2
* This item represents amendments to amounts voted at 1982 Spring Town Meeting
** Excludes water borrowing. Now funded by public enterprise rates as noted.
1850.0
775.0
2.39
246.0
36.3
113.0
ARTICLE 16. On motion of Peter C. Hichborn it was voted to amend Article XVI,
Section 2 of the General By -Laws of the Town by adding the word "other" after the words
"except his salary or," so that Section 2 shall read as follows:
"No Town Officer or member of any Board, Department, Committee, Commission,
Authority or Trusteeship shall receive any fee, payment or financial compensation
whatever, except his salary or other compensation as provided by law, or by vote of
the Town, for any work or service performed by him, in connection with his duties as a
Town Officer or member of such Board, Department, Committee, Commission,
Authority or Trusteeship."
ARTICLE 17. On motion of Stanley M. Nissen it was voted that the Town amend
Article XXV of the By -Laws of the Town by repealing said Article XXV in its entirety and
substituting therefor the following, or take any other action with respect thereto:
Section 1. Subject to any other provisions or requirements of federal or state law,
executive orders or regulations, every officer, board or department of the Town, having
authority to employ, may establish the essential functions for all employment positions and
may establish job - related employment tests or other selection criteria for the positions in
question; provided that the job - related employment tests or other selection criteria do not
screen out or tend to screen out handicapped persons or any class of handicapped persons,
unless alternative job - related tests or criteria that do not screen out or tend to screen out
as many handicapped persons are not available. Such establishment of essential functions
and employment tests or other selection criteria shall be subject to the approval of the
Board of Selectmen.
Section 2. Every person hereafter offered employment by the Town, including
prospective employees of the Municipal Light Department, but excluding (i) elected
officials, (ii) prospective employees who have passed a medical examination by the Civil
Service Commission, and (iii) occasional or substitute employees after conditionally being
offered employment subject to the results of a medical examination shall undergo a medical
examination conducted prior to the employee's entrance on duty to determine if said
employee can perform the essential functions of the job and to determine if said employee is
a qualified handicapped person; and, if said employee is a qualified handicapped person,
whether said employee requires a reasonable accommodation to perform the essential
functions of the job in question and the nature and extent of the accommodation if one is
required.
Section 3. The cost of all examinations under this by -law shall be paid in full by
the Town department which has made the conditional offer of employment.
Section 4. The regularly appointed school physician is approved for examination of
School Department employees.
Subsequent Town Meeting November 8, 1982
Section 5. The information obtained in accordance with this by -law as to the
medical condition or history of an employee or conditional employee shall be collected and
maintained on separate forms that shall be accorded confidentiality as medical records,
except that: (i) supervisors and managers may be informed regarding restrictions on the
work or duties of handicapped persons and regarding necessary accommodations; (ii) first aid
and safety personnel may be informed, where appropriate, if the condition might require
emergency treatment; and (iii) government officials investigating compliance with the
provisions of applicable federal laws shall be provided relevant information upon request.
Section 6. The provisions of this by -law shall apply to all employees of the Town
who seek a cfianige of employment with the Town.
Section 7. In the event any employee or conditional employee is aggrieved by any
action taken pursuant to this by -law, an appeal may be made in writing to the Board of
Selectmen, or, in the case of an employee or conditional employee of the School
Department, to the Chairman of the School Committee, within ten days of the action
complained of; and, after notice to all parties affected and the opportunity for a hearing
which will afford all necessary due process rights to the parties in question, the Board of
Selectmen or, where applicable, the Chairman of the School Committee together with one
additional member of the School Committee and the Superintendent of Schools, shall
determine whether the by -law was violated or the action taken was otherwise improper and
provide prompt and equitable resolution of the complaint. In the event of such an appeal,
the aggrieved party shall authorize, where applicable, that the information obtained as to
medical condition or history shall be disclosed to the Board of Selectmen or representatives
of the School Department hearing the appeal.
Section 8. For the purposes of this by -law the following definitions shall apply:
"Handicapped person" - any person who (i) has a physical or mental impairment which
substantially limits one or more major life activities, (ii) has a record of such impairment, or
(iii) is regarded as having such an impairment.
"Qualified Handicapped person" - a handicapped person, who, with reasonable
accommodation, can perform the essential functions of the job in question.
"Reasonable accommodation" - accommodation to the known physical or mental
limitations of an otherwise qualified handicapped person unless it can be demonstrated that
the accommodation would impose an undue hardship on the operation of the employing Town
office, board or department.
Section 9. Nothing contained herein shall be construed as authorizing or requiring
the employment of an individual who cannot even with reasonable accommodation perform
the essential functions of the job in question or who is not otherwise qualified for the job in
question.
ARTICLE 18. On motion of Stanley M. Nissen it was voted that the Town amend
Article XXVII, Section 1 of the General By -Laws of the Town by deleting the words "fifty
dollars" and placing in their stead the words "three hundred dollars for each offense" so that
the By -Law shall now read:
ARTICLE XXVII, Section 1. Any person violating any of the provisions of these By-
Laws shall be punished by a fine of not more than three hundred dollars for each
offense, unless a specific penalty is provided elsewhere in said By -Laws and in that
event the specific penalty shall apply."
ARTICLE 19. On motion of John W. Price it was voted that the Town amend Article
XXX of the General By -Laws of the Town by deleting Section 1 and replacing it with a new
Section 1 as follows:
Section 1. The Town Clerk shall record the name of each person who expresses an
interest in writing to the Town Clerk in being appointed to a board, commission or
committee and shall retain such record for a period of at least one year. The Town
Clerk shall submit such names to the applicable appointing authority whenever a
vacancy shall occur.
ARTICLE 20. On motion of John W. Price it was voted that the Town amend Article
XXX of the General By -Laws of the Town by deleting Section 3 and replacing it with a new
Section 3 as follows:
Section 3. All appointments and reappointments to a board, commission or
committee shall be made at an open meeting of the appointing authority. Applicants
for appointment shall be interviewed at this or a previous open meeting. Applicants
for reappointment must submit their intentions in writing to the appointing authority.
Prior to making appointments, the appointing authority shall consult with the chairman
of the board, commission or committee to which the appointment is to be made.
On motion of Marvin M. Rosenthal it was voted that this meeting stand adjourned to
meet at 8:00 P.M. on Monday, November 15, 1982, in the Reading Memorial High School
auditorium.
Meeting adjourned at 10:43 P.M.
150 Town Meeting members were present.
A true copy. Attest:
Lawrence Drew
Town Clerk