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HomeMy WebLinkAbout1983-11-28 Adjourned Subsequent Town Meeting MinutesADJOURNED SESSION SUBSEQUENT TOWN MEETING Reading Memorial High School Auditorium November 28, 1983 The meeting was called to order by the Moderator, John W. Faria, at 7:30 P.M., there being a quorum present. The Invocation was given by the Rev. Paul E. Barnes of the First Congregational Church, followed by the Pledge of Allegiance to the Flag. ARTICLE 31. On motion of John H. Russell it was voted to take Article 31 from the table. ARTICLE 31. On motion of John H. Russell as amended by William C. Brown it was voted that the sum of Ten Thousand Dollars ($10,000) be transferred from free cash and appropriated to the Building Maintenance Department for the purpose of providing additional temporary municipal office space in the Old Library building, Lowell St., by making the necessary repairs and modifications to the Old Library building and to fund the costs of moving Town departments into said building. 69 voted in the affirmative 41 voted in the negative ARTICLE 31. John H. Russell moved that the Town vote to establish a Municipal Space Building Committee of seven members to be appointed by the Board of Selectmen. Said Committee shall have at least one member from each of the following: the Board of Selectmen, the Board of Public Works, and the School Committee. In addition, there shall be four other members, and a liaison from the Finance Committee. The purpose of said Committee shall be to do whatever is necessary, including the hiring of engineers and architects, for producing plans and estimates for the necessary repairs and modifications to the Old Library Building to provide additional Municipal Office Space, and that the Town transfer the sum of Thirty Thousand Dollars ($30,000), and appropriate it to said Committee to carry out said Committee's purpose. On motion of James J. Sullivan, Jr. it was voted that this Article be indefinitely postponed. ARTICLE 32. On motion of John H. Russell it was voted to take up Article 32 out of order. ARTICLE 32. On motion of John H. Russell it was voted that the sum of Three Thousand Dollars ($3,000) be transferred from free cash, and appropriated to the Building Maintenance Department for the purpose of providing maintenance to the Old Library building, Lowell Street. ARTICLE 13. On motion of John H. Russell it was voted that the Town amend Article VI, Section 1. of the By -Laws of the Town of Reading by deleting Section 1. in its entirety and substituting therefor the following as Section 1., which amendment to Article VI shall take effect thirty (30) days after the by -law has been approved by the Attorney General acting pursuant to Masachusetts General Laws, Chapter 40, Section 32 or thirty (30) days after the by -law is deemed effective pursuant to G.L. c.40, s 32 by reason of the failure of the Attorney General to seasonably act upon a request for the approval of said by- law, provided in either instance that the other prerequisites for the effectiveness of a by- law set forth in G.L. c.40, s 32 have been complied with: "Section 1. There shall be a Law Committee consisting of five members appointed by the Board of Selectmen. The composition of the Law Committee shall be as follows: one member shall be a member of the Board of Selectmen and shall be appointed for a term of one to three years; two members shall be members of any elected Town Board or Committee and each shall be appointed for a term of one to three years; and two members shall be citizens of the Town and each shall be appointed for a term of three years, provided that no Town Board or Committee shall have more than one member on the Law Committee. The Law Committee shall annually elect one of its members to serve as Chairman of the Law Committee. The Law Committee shall hereafter annually on or before the first day of June, and whenever a vacancy shall exist, choose a competent lawyer or law firm to act as Town Counsel, but only after the Law Committee has consulted with or solicited input on the selection of Town Counsel from all elected Town Boards and Committees. The term of office of said Town Counsel shall begin on the first day of July or the date of his selection by the Law Committee and shall continue until the following thirtieth day of June or until his successor is appointed. The Town Counsel shall serve at the pleasure of the Law Committee." M 5 T H E os:AnwG MUNICIPAL s�AcEpszuVI E N O V EMBER, 1 9 8 COMMITTEE Chairman: Maureen O'Brien Bd of Selectmen Vjce Chairman: Stanley Nissen School Committee MEMBERS Members: Douglass Barker Bd of Public Works William Brown Citizen Finance Committee Liai Philip Pacino t os:AnwG MUNICIPAL s�AcEpszuVI E N O V EMBER, 1 9 8 COMMITTEE Chairman: Maureen O'Brien Bd of Selectmen Vjce Chairman: Stanley Nissen School Committee MEMBERS Members: Douglass Barker Bd of Public Works William Brown Citizen Finance Committee Liai Philip Pacino FINAL REPORT OF 1983 MUNICIPAL SPACE STUDY =D1ITTEE E. 'ACKNOWLEDGEMENTS ul The Committee gratefully acknowledges the support-and generous assistance offered by all the Town's Departments. However, the Committee is especially grateful to: v The Reading School Committee and in particular Dr. Robert S. Wells for his assis*tance and cooperation. e Alan B. McMahon, Reading Fire Department, for offering his skills in photography. 9 Lt. Col. Lawrence A. Willwerth, Army Corp. of Engineers and Reading resident, for his structural evaluation of the buildings. o Officer Joseph R. Veno, Reading:Police Department, for the analysis of traffic and safety issue.. The Selectmen's Office, especially to Carole Giglio and Frances Hubbard, for their patience and typing efforts. Board of Public Works for assistance in traffic data and research of Building Plans. 0 Janis Colleen for the design of the report cover. ul N SUMMARY THE PROBLEM . The Reading Town Government has outgrown its present Town Hall location at 16 Lowell Street. Town Departments are now housed in three separate locations and records are stored in many others. Meeting Space is inadequate. The present situation has promoted, for decades, the inefficient use of buildings, poor storage of legal and historical records and less than adequate working conditions for its employees. This situation in turn has not promoted efficient and economical Town Government. THE CONSTRAINTS Town requirements for space including storage, meetings and all departments .approximately 24,000 square feet. Town Hall and Library buildings total 13,000 square feet. The present Town Hall site is not large enough to construct an addition of 10,000 square feet and provide enough parking so as not to impact the local businesses. The constraints of Proposition 211 precludes extensive reconstruction and new construction. THE ASSUMPTIONS Consolidation of Town Government, if possible, was desirable. Operating costs of Town Government should be minimized while providing minimum service. Adequate space for Town Departments should be provided within the Town's ability to pay. The Town would not exercise its right to eminent domain takings. THE ISSUES The need for space - The situation speaks for itself. Location of Town Hall on the Common - An emotional issue which Town Meeting members must answer for themselves. However, the Committee asks whether the Library's move from the center of Town did not have the greater impact, since it separated the young people from the Center. Yet that move was accepted and even applauded. Ultimately the question of location will have to be settled by Town Meeting on the facts available. Traffic in the Pearl Street School Area - Surveys in the area show the roadway adequate for two way traffic with on street parking. However, that site can accomodate its parking requirements. Other traffic control mechanisms are already being implemented. Other alternatives - Many suggestions have been received which some Departments location in the Town Center. However, all must -elsewhere and increase the initial capital outlay and long term operating. costs*. .ALTERNATIVES Alternatives considered are the following: (Further details.-can be found € Ei-I in Section 4.0) A. Do Nothing B. Community Center as a Town Hall C. Library/Town Hall without Connector D. Library/Town Hall with Connector E. Library/Town Hall with Addition I F. Pearl Street School Conversion I .::Alternative Articles — Article 31 has been worded in such a way that it can be amended to change the alternative of choice if desired. CONCLUSIONS i Pearl Street School Conversion is the most reasonable alternative to polve long term municipal space needs. The Town Hall /Library Complex is inadequate for the long term but could be used on an interim basis until the Pearl Street Conversion is completed. Community Center should be sold after deed restrictions are removed, and title transfer and zoning issues are resolved. Once the Conversion is completed, the Town Hall and Library should either be leased on a long term basis or sold with deed restrictions. ` building committee should be established and funded to initiate the conversion of the Pearl Street School to a Town Hall. . Table of Contents Origin of Committee 1.0 Introduction 2.0 Inventory.of Existing Conditions 2.1 Location of Departments 2.2 Space Usage 2.3 Condition of Existing Buildings s S 6i E ` 3.0 Summary of Projected Needs s 3.1 Criteria for Determining Office Space Needs 3.2 Projected Office Space Needs 3.3 Available Space in Each Building i E 4:0 Description of Potential Alternatives i s j 5.0 Recommendation v 5.1 Supporting Documentation 5.2 Funding Alternatives 5.3 Alternative Uses for Town Hall and Library i. 6.0 Closing Thoughts r i Appendices A. Architectural Barriers Board -Rules and Regulations B. Building Survey August 1983 { C. Report of Police Safety Officer C Page 1 4 4 6 7 7 8 9 10 14 14 16 16 11 12 13 I ORIGIN OF CO,%]MITTEE The Committee was formed as a result of a motion of Gerald P. Fiore under Article 20 of the 1983 Annual Town Meeting which "authorized the moderator to appoint a town -aide Space Committee., Said Committee should consist of one representative each from the Board of Selectmen, School Committee and the Board of Public Works with a liaison from the Finance Committee. Said Committee to present its action plan to the Fall Town Meeting. 1.0 INTRODUCTION The Town of Reading has been wrestling with Municipal Office Space problem since at least 1936 when the Selectmen wrote in the Town Report of that year..... .... "As can be observed the Town is cramped for space and it is probable that in the not too distant future a new building or an annex to our present municipal building will have to be constructed...." Study: Recommended Alternative: Town Meeting'Action: Study: Recommended Alternative: Town Meeting Action: 1979 Municipal Space Study. Rehabilitate Community Center as Town Hall. Not accepted. It was deemed too costly at $1.7 million. 1982 Feasibility Study - One 1982 Feasibility Study - Two One: Convert present Library Building to an extension of Town Hall with a connecting addition between buildings. Two: Convert Library only. Not accepted. It was deemed too costly at $390,000 for the Library conversion only and $1.3 million for the Complex. Since that time, attempts to address the Town's space problems have been made almost annually. It would seem that every conceivable alternative has been studied and rejected by Town Meeting. Some of the results of past • space committee efforts, their recommendations and Town Meeting action are described below: Study: Recommended Alternative:- 1964 Report of Space Committee. Construction of new Municipal Building, model Old Library Building and Town Hall for • Municipal Office Space with connector. Town Meeting Action:. Not accepted. It would have involved eminent domain land takings of nearby private property. Study: Recommended Alternative: Town Meeting'Action: Study: Recommended Alternative: Town Meeting Action: 1979 Municipal Space Study. Rehabilitate Community Center as Town Hall. Not accepted. It was deemed too costly at $1.7 million. 1982 Feasibility Study - One 1982 Feasibility Study - Two One: Convert present Library Building to an extension of Town Hall with a connecting addition between buildings. Two: Convert Library only. Not accepted. It was deemed too costly at $390,000 for the Library conversion only and $1.3 million for the Complex. • The focus of previous studies had been to address primarily the question of Library expansion and the disposition of the Community Center. The provision of adequate municipal office space was treated almost as a secondary issue. The year 1983, however, saw the resolution of*the Library issue with the remodeling of the Highland School for a new Town Library.. With the library question'answered, Town Government finally could address the single issue of municipal space needs. Therefore,-using the Town Meeting motion and the previous studies as its basis, the Committee undertook its mandate seriously, beginning its work in late June, 1983 and -by August 1, 1983 had narrowed its scopa of work to four buildings: The Community Center, Town Hall, the old Library Building and the Pearl Street School. The Committee's objectives were identified as being: o To seek the most practical, efficient and cost (including manpower) effective alternative by which a realistic long term solution to Reading's Municipal space needs could be provided. o To develop a short term solution if needed and o To make any preparations necessary for the final disposition of those buildings found unnecessary or unworkable for Reading's municipal space needs. Initially the Committee set out to define its scope of study and decided on two criteria: a. To restrict the study to buildings currently in Town Ownership. (Although land and /or buildings in private ownership were available, the cost of purchasing such land and /or building anew was deemed prohibitive and unnecessary) b. To limit the study to municipal office space. (Separate studies should be conducted for Fire, Public Works Maintenance Garage and School Population /Classroom space issues since these, like the Library and Police Station, are unique operations) . As the next step, the Committee collected all pertinent data and analyzed it. Past studies were reviewed from both informational and historical - points of view. -The Committee needed to know what alternatives had been presented to the Town Meeting, the costs and advantages of those alternatives and how each was treated. Past surveys were reviewed and compared to a more recent one conducted prior and during the early stages of the Committee's work._ Operational costs of the four buildings were investigated and analyzed. It was very apparent from the outset that the Architectural Barriers Law would impact all alternatives, so Town Counsel's assistance was.sought early on to investigate the ramifications of this law and to, ascertain if it would be possible to meet its requirements and remain within the confines of Proposition 231. (See Appendix A) The committee found that generally the Town could complete up to $50,000 worth of renovations on one building every two years and that that work had to meet the standards of the Architectural Barriers Law. If renovations exceeded the limit, the entire building had to be brought up to Code standards. Needless to say this consideration was factored into the Committee's recommendations. The Committee toured :the.four buildings with the Building Inspector in August and received the able assistance of Lt. Col: USAR Lawrence Willwerth of the Army Corp. of Engineers, a Reading resident who conducted a functional survey of the buildings. (See Appendix B) By late August, with the investigative part of the study completed, the Committee next determined what its recommendation should be. Finally, the Police Department conducted a safety review of the Pearl Street School area (Appendix C) and a traffic study was conducted in the Pearl Street School area and the Town Hall parking lot in late.October. The following sections of this report identifies the Committee's recommendation and explains the documentation supporting them. 511", ]�i _J� - 4 - -2.0 INVENTORY OF EXISTING CONDITIONS As part of its analysis of town space needs, the Committee combined information obtained from each town department with its own members' knowledge to develop a summary of existing space usage. The Committee also examined the current state of the Old Library, the Town Hall, the Community Center and the Pearl Street School. 2.1 LOCATION' OF DEPARTMENTS The following departments occupy office space in the Town Hall: Board of Selectmen, Personnel Board, Town Accountant, Retirement Board, Board of Assessors, Town Collector, Treasurer, Data Processing, Town Clerk, Board of Registrars and Public Works. The following departments occupy office space in the Community Center: Building Maintenance, Conservation Commission, Building Inspector's Office, Civil Defense, Veteran's Services, Council on.Aging & Senior Citizens Drop -In Center, Cemetery Trustees, Board of Health, Planning Board and Historical Commission. Some departments use storage space in the Police Annex, Town Hall attic, Community Center and Bear Hill Nike Site. The School Administration is located in leased space on Gould Street. 2.2 SPACE USAGE Space usage for each town department is described below. Board of Selectmen /Personnel Board: Employ 5 people in shared space. The office is located in the Town Hall Basement and on the first floor. The Basement area is used as the public meeting room and includes file cabinets for the Selectmen's personal storage. Storage areas are used in both the Community Center and Police Annex. The Selectmen meet at least once per week in the public meeting room which also serves as the Town Hall employees lu .nch room. Total space used is estimated at 1316 square feet which includes 3 rooms in addition to the meeting room. Town Accountant /Retirement Board: Employs 3 people in 2.rooms, totalling 1200 square feet. In addition, storage is used in the Police Annex, the vault and under the stairs in Town Hall. Conditions are cramped and the office (located in the Town Hall Basement) is frequently cold. The Retirement Board employs an additional 1'ls people in the same place. They also use space in the vault. Board of Assessors: Operates on the first floor of Town Hall in 512 square feet. Approximately 400 square feet of the space is taken up by desks, files, etc. Storage is in the Police Annex. The Assessors feel that their current space is much too tight, providing no privacy for meetings with individual taxpayers. Storage area is also insufficient. Four employees work in the office. Building Maintenance: boiler room) for supplies. area serves as a shop and Community Center provides has 160 square feet. Has a small area in each building (usually in the In the Community Center, an 1,855 square foot storage area. Another 324 square feet in the locked storage. The office at the Community Center -5 -' Town Collector: Occupies 529 square feet in the Town Hall for 4 employees. The Collector also uses part of the town vault as well as storage in the Town Hall Basement and Police Annex. The Collector finds his counter space inadequate and the working area insufficient at times of billing. Town Treasurer: Uses 368.square feet for 5 employees in the Town Hall Basement. Cancelled checks and payroll records are stored under the stairs. The space is crowded and congested. . Data Processing: The computer room is located on the second floor of Town Hall - 200 square feet used is deemed tight but adequate. The room is wired, air - conditioned and set up with heavy.equipment. Computer modems and phone lines are needed to allow communication with the School Department. Town Clerk /Board of Registrars: The Town Clerk is presently using 1,022 square feet. Roughly half of this is in the room on the first floor of Town Hall. An additional 300 square feet in the Community Center and 100.square feet in the hallway of Town Hall is used for storage. Also, 100 square feet is used in the Town Hall Basement.. The Town Clerk considers the present space to be totally inadequate, causing severe impact upon the activities of his office. Board of Public Works: Presently uses 2,210 square ' feet -of space on the second floor of Town Hall. This area includes the Superintendent's Office, Assistant Superintendent of Operations, the Engineering Division, Secretaries Office, the Board room and a walk -in safe. An additional 200 square feet in the Town Hall attic are used for storage. The individual working space is very limited and there are complaints of poor acoustics, poor heating and poor ventilation. Planning Board /Historical Commission: Currently occupies 570 square feet in the Community Center. One employee uses this space which is shared with a volunteer working for the Historical Commission. Also sharing the same space is the Industrial Development Commission. Building Inspector: Located on the first floor of the Community Center, one person is employed in the 750 square foot area. Additional storage is used in the Police Annex and Town Hall attic. The Building Inspector uses only half the room with the other half being used for evening meetings by various Town Boards and Committees. The Building Inspector is still waiting for his office to be given permanent walls as was promised when he moved in the Community Center from the Town Hall. Conservation Commission: Uses 450 square feet in the Community Center for 2 employees. Storage space is used at the D.P.W. garage. The space is adequate, although it is too small for public meetings. Board of Health: Uses facilities at the Community Center totalling 496 square feet for 2 full time and 2 part time employees. The Board of Health complains of lack of privacy and shortage of space for daily meetings as well as lack of handicapped access. 911, - 6 - Civil Defense: Is presently located in the basement of the Community Center (a requirement to meet minimum fallout specifications). It employs 1 part time person and has several volunteers. The total area used is 730 square feet. Veteran's Benefits: Is located in 432 square feet in the Community Center. It is required by statute that a private office be available. Two employees use the space. Council on Aging: Occupies 448 square feet in the Community Center. It employs 2 persons plus a Meal Site Hostess, a Friendly Visitor Coordinator, an Outreach Worker, a Meals on Wheels and Van Driver also using the office at various times. The Council feels overcrowded and complains of lack of privacy. Cemetery Trustees: Employs 2 employees in 288 square feet in the Community Center. The space is too cramped. It is cold in winter and hard to open the windows in summer. The Cemetery Department feels a need to be closer to the Town Hall departments. School Department: The School Administration currently occupies 2,600 square feet in leased space on Gould Street. This space is currently costing approximately $10,000 per year for rent. There is no problem with the current space, although the School Department would prefer to be located with other Town Departments. 2.3 CONDITIONS OF EXISTING BUILDINGS The condition of the four buildings being considered were examined by Lt. Col. Willwerth with respect to the electrical, plumbing, heating and structural adequacy of each building. Accompanying him were the Building Inspector and the respective building custodians. The Community Center: Built in 1900. It is currently in poor condition. Its electrical, plumbing and heating systems need to be upgraded. There is a shortage of bathroom facilities in the building. -. The roof is slate and will need complete repair in the not too distant future. The building has no insulation and would need storm windows. The third floor needs windows and all utilities. Handicapped access is limited to the basement level only. The parking facilities are limited. The Town Hall: Built in 1918 and is in good repair. It does require electrical work and has a shortage of bathrooms. The Town Hall does not provide access for handicapped persons. Parking is limited. The Old Library: Also built in 1918 and is in good repair. It will require electrical upgrading and significantly more outlets. The current book stacks are part of the building's structural support. Replacement beams would be needed under each floor. Presently there is no handicapped access. Parking is limited. The Pearl Street School: The most modern of the four buildings j having been built in 1939. It is in excellent repair. It will require electrical upgrading and more outlets. It is easily modified for full handicapped access to all floors. There is ample parking available. The Pearl Street School is fully wired into the Cable T. V. residential loop with a separate outlet in each room and has the potential for live - 7 - T. 0' SUMMARY OF PROJECTED NEEDS The Committee, wishing to build on data collected from recent study efforts, 'reviewed questionaires filled out by each department for both the Henry Higgott Study of the Spring of 1982 and the Selectmen's Office. Additional information was sought where needed. 3.1 CRITERIA FOR DETERMINING OFFICE SPACE NEEDS Each department's current space use (Section 2.0) and their own projected need was identified. (Table 1) Matched against these were the committee's own recommendations for office, vault-file and general equipment storage space. The Committee used generally accepted standards as a Criteria for projecting space recommendations, and certain assumptions. These were: 200 square feet office space for administrators. 120 square feet office space for technical staff. 65 square feet for clerical staff and an additional 10% of each departments total space 'for passageways between staff areas. Other assumptions were: e One file cabinet per staff member would be stored in each Department. Additional file cabinets would be housed in a central file storage area- o Computer stations, for those departments having them, Wuusa require the same amount of space as a clerical staff member. e Meeting Space needs were calculated separately from office space needs. It was assumed that generally meeting space would be shared between departments and located outside of individual department areas. !� Additional storage would be provided for extraordinary departmental equipment (i.e. voting machines). u Additional vault storbgenstructede Central Storage Area y either newly o vaults, fire proof cabinets or other means as recommended by an architect. 3.2 PROJECTED SPACE NEEDS Generally, the Committee's recommended total projection for office space matched - closely the requested space by each department. The following figures include projected as f asfol follows: equipment. Th i J-1, -TABLE I Department Space Needs * Includes meeting space. 3.3 AVAILABLE SPACE IN EACH BUILDING UNDER STUDY PROJECTED 1200 " 600 210 1000 700 200" 600 200 900 2700 150 70 300 600 600 800 .ZOO 400 350 2600 1000 1500 2000 2500 1600 800 23,790 Of the three sites being considered in this study, two, the Community Center and Pearl Street School, would be adequate with renovations to house all departments in one central location. construction ,Town Hall /Library Complex would require both. renovation and new CURRENT Selectmen /Personnel 1316* . 1200 Town Accountant (w /Town Accountant) Retirement Board 512 Bd. of Assessors 529 Town Collector 200 Bldg. Maintenance 368 Treasurer 200 - Data Processing 1022* Town Clerk /Bd. of Registrars Public Works 2210 570* Planning Board Historical Commission (w/Planning Conservation Commission n50 *d•) Bldg. Inspector's Office 750 400 • Civil Defense 496 Board of Health 432 Veteran's Services 448 Council on Aging 288 Cemetery Trustees 2584* School Committee 500 (Approx.) Vault 0 Central File Storage 0 General Storage 2500 Meeting Space- Auditorium @ 400 sq- ft.Ca. 1600 Large mtg.rms. Small mtg.rms. @ 200 sq. ft. 500 19,375 Total * Includes meeting space. 3.3 AVAILABLE SPACE IN EACH BUILDING UNDER STUDY PROJECTED 1200 " 600 210 1000 700 200" 600 200 900 2700 150 70 300 600 600 800 .ZOO 400 350 2600 1000 1500 2000 2500 1600 800 23,790 Of the three sites being considered in this study, two, the Community Center and Pearl Street School, would be adequate with renovations to house all departments in one central location. construction ,Town Hall /Library Complex would require both. renovation and new TABLE II Building Size Comparisons Town Hall 6,222 square feet Library 6,785 square feet Community Center 26,100 square feet Pearl Street School 28,500 square feet 4.0 DESCRIPTION OF POTENTIAL ALTERNATIVES . Of the eighteen potential alternatives with the four buildings under consideration, the six most visable alternatives are offered for evaluation. Every conceivable pro and con is not identified here but enough information is hopefully offered so that those who must make the final decision can do so knowledgably. x �I the Municipal Space Committee has . After four months of careful conversion ion of the Pearl Street School to i avers term. come to the conclusion that the co on t a new Town Hall is the only alte eamunic pal spacerdeficienciescwhich have e which solution at reasonable cost to the ears. continually plagued Town Government over the last fifty y The Committee, therefore, respectfully recommends to Town M •• eeting.• p That the Pearl Street School-be converted into a new Hall consolidated Town � Retain the athletic facilities at the Pearl Street School* in a manner compatible with safety That a Municipal Space Building Commi•ttae be eplansl ndd ro riated to furnish design and $35,000 be app P Article 27 architectural drawings for the conversion - • That the transfer of the Community Center property from. l Committee to the Board of Selectmen be the Schoo 28 accomplished - Arti slegal That the Town take whatever sociated with c the a Community remove the deed restriction a Center - Article 29 0 That the Community Center be sold sible after July 1, 1983f- to the Town and as soon as pos Article 30 That the Planning Board place a Zoning Article on the 1984 Annual Town Meeting Warrant would ter building t st and optimum reuse of the Community That the Town determine, during the period of the Pearl if there is any concrete _ need Street School remodeling, buildings for Town Use and, forAhe Town Hall and Library if�not That -the Board of Selectmen seek and evaluate bid proposals � private enterprise and if for the long term leased use by p not acceptable That the Board of Selectmen seek and evaluate bid proposals • buildings and land for the sale of the Town Hall and Library either singularly or together with carefnof both dee restrictions to protect the exterior app earance buildings and their frontage on the Common and That a recommended proposal be brought to Town Meeting for % action. 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This alternative offers many features not available in the others such as the: s Consolidation of all Town Government under. one roof - Presently located in three (3) buildings - Town Hall, Community Center and Gould Street. o Intregation of the school administration into central Town Hall for the first time in recent memory. • Provision of sufficient space for presently overcrowded offices. dt Provision for several meeting rooms including a 250 seat auditorium, in one building thus saving on energy costs. a Subdivision of a large cafeteria into several rooms with moveable partitions. It's adjacent kitchen can assist with the Meals on Wheels Program and the congregate meal center and also be used for a variety of other purposes. a Use of two existing portable classrooms for the Senior Citizens Center. p Provision of ample off- street parking for employees and visitors while retaining all of the existing playing fields. • O Conversion for handicapped accessibility is easily made. It has an elevator shaft that can be converted to a passenger elevator and a rear entrance that can be ramped. p Excellent present condition making it financially practical for conversion into municipal office space. et Conversion of the gym into a central files /archives facility and other required storage materials. Existence of wiring for Cable T.V. which can provide a security monitoring system and live broadcasts from the auditorium. In addition, an intercom system is already in place. s Opportunity for tax sav:Lugs in many areas such as maintenance of one rather than three buildings, clerical staff pooling and consolidation of Department facilities. 5.2 . FUNDING ALTERNATIVES The funding of the project can be accomplished in several ways. The First Alternative would be to fund the entire project out of the tax levy. This would get the project funded but might possibly, under the constraints of Prop 211 force cutbacks in other areas of the budget. If this alternative were selected the best strategy would be to fund the project in small amounts each year so as to possibly avoid cutbacks. However, by funding the project in small amounts each year, the completion date would be pushed back in time thus raising the cost of the total project by future escalating factors of construction. i r -15-- The Second Alternative would be to fund the entire project out of a bond issue of the Town. The advantages of this alternative is that the money needed for the project will be raised upfront through the sale of the bond, while the Town's cost of the project would be spread out over a number of years through the periodic payback of a portion of the bond. The disadvantage of this alternative is that the cost of the project will increase by the cost of the bond issue. The cost of the bond issue would be the interest and any registration, filing or administrative fees due. A side benefit of this alternative would be that any - proceeds of sale of "excess buildings" could be put into a stabilization fund or offset against the current tax levy. The Third Alternative would be to apply the stabilization fund against the total project. The advantage of this alternative would be to supply the funds needed for the project without any additional project costs to the Town and without effect on the tax levy. However, the flexibility afforded by future use of the'stabilization fund for tax levy purposes would be lost. The Fourth. Alternative would be sell all "excess buildings" and apply the proceeds of sale toward the entire cost of the project. "Excess buildings" would be Town buildings which the Town deems to have no further use for Town purposes. The advantages of this alternative would be the same as detailed under the third alternative. The problem with this alternative would be the possibility that proceeds of sale would not equal the total cost of the project thus forcing the remainder of the cost to be funded from one of the other alternatives detailed herein. The Fifth Alternative would be the use of an outside investment vehicle. The outside investment vehicle would be where the Town sells the property to an outside interest under the provision that the Town will lease the property back for a set number of years and have an option to buy the property back from the outside interest thereafter. This alternative would allow the Town the opportunity of an overall reduction of the total cost of the project and eliminate the need to make substantial upfront payments to renovate the building. However, at the time of the writing of this report, Congress is considering legislation that would end or curtail the above tax benefits available to individual investors, thus possibly restricting this as a viable alternative. The State Legislature is also seeking action to preclude the use of this alternative. The Sixth Alternative would be to apply presently encumbered funds not spent toward the project cost. However, the total. of these available funds does not equal the total cost of the project. The remainder of the project would need to be funded from one of other alternatives detailed herein. The final funding method would be to use a combination of two or more of the above alternatives. A good example of this method would be funding of a portion of the project -thru the sale of "excess buildings" with the remainder to be funded from one of the other alternatives. 0 -16 -. The committee, if this project is approved, recommends that the Finance Committee, together with all appropriate Town Officers such as the Town Treasurer.and Town Accountant, evaluate the funding alternatives and recommend the funding vehicle most appropriate. Needless to say.-if state or federal funds become available during the life of the project, they should be sought. 5.3 ALTERNATIVE USES FOR TOWN HALL AND LIBRARY If Town meeting approves the Pearl Street Plan, two very important Town Buildings would be vacated within three years - the present Town Hall and Library. What happens to these buildings is crucial. - Due to the amount of time this Committee had to resolve and recommend what it feels is an excellent plan to relocate Town Government, the Committee chose not to become speculative in what specific uses might be acceptable. Rather, it recommends three steps by which reuse alternatives, compatible to the Town Common environs might be sought. The Committee feel there are many options for the reuse of these buildings provided, if sold, the sale includes deed restrictions protecting the exterior appearance of the buildings. Many suggestions for reuse have been made to the Committee which include a bank, insurance company, law firm, computing firm and even a new office for the Municipal Light Department. The list of buildings that have been successfully reused is legion. The Committee recommends that during the time of remodelling of the Pearl _ Street School for Town Office use and after determining that no concrete need for Town use has been- identified at that time,the Board of Selectmen, with Town Meeting's approval, advertise for bid proposals for the reuse of the Library /Town Hall complex either singularly or together. The Committee cannot stress strongly enough that these buildings should never be allowed to be vacant, boarded up or partially used with the idea that at some future point in time may be needed by the Town. If this cannot be determined over the next-:three years,for the good of the Town, place the buildings in the private sector with proper deed restrictions. 6.0 CLOSING THOUGHTS Your Committee has tried, in the five months it has been at work, to study all available information, investigate any appropriate possibilities and listen. to input from many sources. We believe the Plan presented is the most practical one for the Town. A P P E N D I X 1 Ull 4 1 Appendix A TYLER & REYNOLDS PROFESSIONAL CORPORATION COUNSELLORS AT LAW ONE BOSTON PLACE BOSTON, MASSACHUSETTS 02108 TELEPHONE 617,323 -6330 July 20, 1983 Ms. Maureen T. O'Brien c/o Central Transportation Planning Staff 27 School Street 2nd Floor Boston, MA Re: Architectural Barriers Board - Rules and Regulations Dear Maureen: Enclosed is a copy of the presently effective Rules and Regulations of the Architectural Barriers Board which are located in 521 Code of Massachusetts Regulations (the "Regulations") With regard to the proposed use of the present Town Library asIan adjunct to Reading Town Hall, I call to your attention Sections 3.3. and 3.4 which relate to the formula to use to determine to what extent the Regulations apply, and Section 3.5 relates to how the Regulations apply to time - phased performance of the work. In addition, you should review Sections 5.4, 5.8, 5.17 and 5.18 which define "Alteration "Construction ", "Reconstruction", and "Remodeling ", respectively. Further I call to your attention Section 4.5 which provides for the issuance of advisory opinions concerning the interpretation or applicability of the Regulations. In determining the extent to which the Regulations apply, an initial determination must be made as to the 100% equalized assessed value of the building. The Board 1i .T1 LER & REYNOLDS _2_ Ms. Maureen T. O'Brien - ►Ap /CSSIONwL cosvrom^vlom of Assessors should be able to provide you with that figure using the•formula set forth in Section 5.10. Once the 100% equalized assessed value of the building is determined, we can then work backwards to determine what portion of Regulations apply to the work proposed to be done given different proposed valuations of the work. . It might also make sense at some point for the Town to request an advisory,opinion from the Architectural Barriers Board which would remove any question as to whether the Town would be in compliance with the Regulations. In the absence.of seeking an advisory opinion I can attempt to provide you with my opinion as to what portion of the Regulations apply; however, my opinion would not have the force of an advisory opinion which can be relied upon. As an alternative to a written request for an advisory opinion, the Town can request a meeting with the Architectural Barriers Board which will render an advisory opinion after such a meeting. For your further consideration, the formulas in Section 3.3 are based upon the estimated cost of construction, etc., as set forth on the Building Permit application. However, equipment and furnishings placed in the building are not included in this calculation nor are the costs of installing telephone and computer lines, provided such costs are not listed on the Building Permit application. 1 • I will await hearing from you with regard to any .further questions or comments you may have with - regard to this matter. HTC /pap Enclosure DELIVER Very truly yours, H Theodore Cohen 3 SU1l...D1NSS% U10 QcR + JUR1SX71CTlON 3.1 All construction, reco- nstruction, alteration, remodeling and changes of use of public buildings or other facilities open to the public shall conform to these Regulations. 3.2 The performance of any work which is governed by Section 21 (Curb Cuts) of these Regulations shall be considered construction and, therefore, -must fully comply with these Regulations, except that Sec- tion 3.3 shall not apply. . 3.3 The following formula shall apply and govern all construction (except construction of curb cuts under Section 21 of these Regulations), .reconstruction and changes of use as defined in these Regulations: A. If the work being performed amounts to less than twenty -five percent (250) of the one - hundred percent (100 %) equalized assessed value of the building, and �k- 1. the cost of the work is less than SS only that portion of the work being performed shall comp {y with these Regulations; 2. the cost of the work is $50,000 or more, then that portion of the work being performed shall comply with these Regulations, and an accessible entrance and toilet usable by a person in a wheelchair also shalt be provided. B. If the work being performed amounts to more than twenty -five percent (250) of the one - hundred percent (1000) equalized :assessed value of the building, the entire facility shall comply with these Regulations. 3.4 The formula contained in Regulation 3.3 also shall apply to all re- modeling and alteration as defined in these Regulations, provided that the work being performed amounJ3 to More than five percent (Sol of the one- hundred percent (1000) equalized assessed value of the build- ing, or a building permit is needed, or work is determined to be an alteration y a state or local boil Ong inspector. 3.5 When the work performed on a building . is divided into separate phases r projects or under separate building permits, the total cost of such ��"'`��.,M1� work in any twenty,-four 24 month eriod shall be added together in N" app ying t e ormula in this Regulation. r 7 3.6 When a building is occupied by two (2) or more different uses, the Regulations - applicable to each use shall apply to such parts of the building within' that use; and if there are conflicting provisions, the Regulations securing greater accessibility shall apply. 3.7 Buildings owned,. controlled or operated by private clubs are exempt from these Regulations. (See Section 5.15) 3.8 For registered historical buildings or districts, owned or protected by the government, the Board may allow alternate accessibility. ®A 111 i •� r 4.1.2.3 Whether or not the Board acts pursuant to Sections 4.1.2.1 and /or 4.1.2.2, the Board may commence an adjudicatory hearing against the respondent by issuing an "order to show cause" in accordance with Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 (6)(d). within sixty (60) days; 4.1.2.4 The Board may dismiss a complaint at any time. 4.2 Hearings: All adjudicatory hearings shall be conducted in accordance with the provisions of Chapter 30A of the General Laws (Administrative Procedure Act) and the Standard Adjudicatory Rules of Practice and Procedure, 801 CoMR 1.01, et. seq. 4.3 Reopening Hearing, Motion for Reconsideration: 4.3.1 The Board on its own motion, or on motion of any applicant or complainant may, at any time before the issuance of a final decision by the Board, request the reopening of the hearing in order to receive evidence_ and /or testimony not in the posses- sion of the applicant or complainant at the time of the hearing and not reasonably available to him at that time. The request for reopening shall indicate what new evidence will be pre- sented. 4.3.2 Notice of a decision by the Board to reopen a hearing in order to take further testimony or to receive further evidence shall be given by the Board to all persons who appeared at the hearing. - 4.3.3 The applicant or complainant may file a motion for reconsidera- tion, . setting forth the grounds or statutory provision relied upon -to sustain the motion, within ten (10) days from the date the final decision is mailed by the Board to the applicant or complainant. 4.3.4 When an application has been decided without a hearing, the applicant may request a hearing within thirty (30) days of receipt of the decision. 4.4 Appeal: Any party aggrieved by a final decision of the Board may appeal such decision in accordance with the provisions of Section 14 of Chapter 30A of the General Laws. 4.5 Advisory Opinions: The Board ma issue advisory opinions concerning the i n or app ica ilit of these Ru es an egulations upon the written request of an owner, or his i e. Advisory .. opinions issue y e Board may be relied upon by the persons regues ieg_tl1em, as well as by any agency, or official of a city, town or region. 4 8. j. s s n..r4.1a'..�IriavKPa C'n'r",tiwe�.n+sn► �=.' �. 1rJY:.: ra' E` �! 6riFal�.- Y�• 7G1Ni+ J" r�� {R7cw�ry!.�.+= .�••���.n:'rc�c� 5.1 As used in these Regulations, the following words shall have the meaning set forth in this Section unless the context otherwise re- quires. 5.2 "ACCESSIBLE ": Safely approached, entered, and /or used by phy- sically handicapped persons. 5.3 "ACCESSIBLE ROUTE /PATH OF TRAVEL "; A continuous, unob- structed path connecting all accessible elements and spaces within or between buildings, facilities or walks, that can be negotiated by a dis- abled person using a wheelchair, and which also is safe and usable by people with other disabilities. 5.4 "ALTERATION ": External or internal rehabilitiaton or renovation for which a buil_c� r rdtls needed or for which the cost of such re- habilitation or renovation equals or exceeds five percent (5 of the full a d_fair cash value of the building, or any work determined to be - _ alteration by a state or local building inspector. 5.5 "BOARD ": ' The "Architectural Barriers Board" within the Massachu- setts Department of Public Safety. 5.6 "BUILDING ": A structure enclosed within exterior walls or fire walls, built 'of a combination of any materials, whether portable or fixed, to form a structure for the shelter of persons, animals or property. The word "building" shall be construed where the context requires as though followed by the words "or part or parts thereof." 5.7 "CHANGE OF USE ": Varying the .use of a building from a private use to one that is open to and used by the public. 5.8 - "CONSTRUCTION ": Work_ for-- which a building permit is regii ed, work determined to be construction by a state or local building in- spector, or work for which a certificate of occupancy is necessary . upon completion. ' 5.9 "FINAL DECISION ": Determination of the Board, . arrived at after consideration of the facts. brought to its attention in accordance with these Regulations, which determination disposes of the issues before the Board in the pending action on their merits. 5.10 "FULL AND FAIR CASH VALUE OF THE BUILDING ": The assessed valuation of the building as recorded in the Assessor's Office of the municipality as equalized at one - hundred percent (1000) valuation; or, if no assessed value exists, either the fair market value, or for build- ings constructed by the Commonwealth or any political subdivision thereof, the replacement cost of the building. 5.10.1 The one - hundred percent (10096) equalized assessed value shall be based upon Massachusetts Department of Corporations and Taxation's most recent determination of the particular city's or town's assessment ratio. 5• r 12 5.16.2.3 commercial buildings exceeding two (2) stories in height in which more than forty (40) persons are employed 5.16.2.4 buildings having places of assembly with a capacity of more than one - hundred -fifty (150) persons 5.16.2.5 hotels 5.16.2.6 motels 5.16.2.7 dormitories 5.16.2.8 public parking areas or lots with a capacity of twenty -five (25) or more automobiles 5.16.2.9 public sidewalks and ways 5.16:2.10 public areas of apartment buildings and condominiums containing twelve (12) or more units 5.16.2.11 public areas of funeral.homes 5.16.2.12 public •rest rooms and public areas of shop - ping centers and restaurants 5,17 "RECONSTRUCTION ": Construction work to a building which is ut- ted so that the shell of the building remains; a so, t e tearing down, removal, demolition or replacement of a public building or part of a public building. 5.18 "REMODELING ": Modification beyond an interior decoration or in- volving any structural change, or the redecorating of a public building for which the cost of such refurbishing, updating or redecorating equals or exceeds five percent (5c) of the full and fair cash value of the building. 5.19 "SIDEWALK ": A prepared walk within a street right of way. 5.20 "TACTILE WARNING ": A surface texture applied to or built into walk- ing surfaces or other elements to warn visually impaired persons of hazards in the path of travel. 5;21 "USE ": Purpose for which the building is designed or intended. 5,22 "WALK (WALKWAY) ": An exterior or interior pathway with a prepared surface intended for pedestrian use, including general pedestrian areas such as plazas and courts. 5.23 "VARIANCE ": Modification of or substitution for a Rule or Regulation. 8 Appendix -$ READING SPACE COMITTEE TOWN BUILDINGS sLZMARY PHYSICAL SURVEY CONDUCTED AUGUST, 1983 1. Electrical All building considered will require an upgraded electrical service, upgraded electrical panels and wall outlets._ 2. Space Pearl St. School offers the most usable space. 3. Handicapped Pearl St. School offers the minimum work to Requirements meet these requirements: (a) Handicapped Ramp feasible in rear. (b) Elevator Shaft (existing) (currently used as dumb waiter) 4. Heating Pearl St. School has old boilers with Robert Shaw Pneumatic Controls - Town Hall and Library need an upgraded heating control system. 5. Weather Proofing Both Pearl St. School & Community Center need exterior insulation windows. S -2 „ 6. Roof Pearl St. School needs new roof soon. Town Hall & Library Roof in good condition. Community Center top roof portion will need work in about 5 years. 7. Exterior (a) Pearl St. School - Front Door Aiming. Construction (b) Town Hall /Library - Passageway between Suggested two buildings. (c) Community Center - Fire excapes, 3rd floor windows. 8. Interior (a) Town Hall - 3rd floor usable for office Renovations space. Suggested (b) Library - Book stacks are structural unit with floor and will need structural augmentation and re- design for office use. (c) Pearl St. School - Suspended ceilings, with flourescent lighting recommended in all class rooms to cut down heating space - (central A/C System feasible with roof -top- type unit) 9. 'Security The only building that has a vault is the existing Town Hall. Burglar Alarm System must be considered in all cases. 10. Civil Defense Pearl St. School appears usable for Civil Defense use. 11. Fire Protection Sprinkler should be required. Lawrence A. Willwerth Lt. Col. En USAR Senrember - 1983 M11 F H C7 H y� rb x d' H 4'1 H b t� C1 H H O z H r W N F.a cn cn ►v t-4 O x •� n c7 to rt 0 a + � go 1-4 OO n try � C O r w m d r. 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N. a. a w ; , rt ri w .9 w W m co O PV ri cr µ rt a :r rt W m G w rt rt O n rt E3 o v+ CL W o P- M En oo Cr M o w m w `� 1--A N R oH, w rt.. . m oa,n • mto w r W 0v µ rt 1j. cr O rat n' m W :3 W W M n m �'. cr (D a rt m m rt v man cr' p, o C z :d cn tzJ r- (D O ° wan Cr w m m rr O rr m m Fj r- m n N O CL a 0 N N m m nwn m W rt m m m rt n C_- E m Wmm W m.0 o M 'd 0.w mm� w rt rt o o n 00 rt rt ch p, rnr 0 � w o m rµi Fa ° W O Ol rt .m m 9 Qo O m W O ;1 R w C b1 rt m 0 n F- am o m � m cu °• m m lb FJ- W J O N :j rt G N a m rrt� a 0 rt W r 0 E m rt a 0 W m i< J rt w t=] z 0 i H (7 H bd C-- H r ry H z ° ° N; 6 [A • qq�� pp,,,, AppeppndixC READONG- PO LKE Re: Pearl Street School area � b oArE Upon checking the Pearl Street School area, I found Pearl Street to be between twenty -two and twenty -five feet wide, which I feel is wide enough- to handle traffic flow in two directions. Because of the possibility of increased traffic, I would suggest a survey be taken at the present Town Hall, to ascertain how many vehicles enter and leave I on a typical day. I would also ask the Board of Selectmen to request the DPW to determine existing stopping sight distances on Pearl Street from Salem Street to Charles St. The west side of Pearl Street has a concrete sidewalk the entire length. The east side of Pearl Street is 75% concrete and the remainder is a gravel sidewalk. Both sidewalks are set back well enough for pedestrian traffic. In the event the school is closed, the School Department is in the process of checking mileage to other schools for school bus routes. On the school site, I would suggest that the recreation equipment on the north and south sides of the lot be removed, and the bicycle rack moved from the south east corner to the area of the ball field. The ball field could stay as it is, providing the children with a central play area. Vehicles entering and exiting the area would not have ch04ren on both sides of the driveway. Respectfully submitted, Joseph R. Veno Safety Officer 1} Adjourned Subsequent Town Meeting November 28, 1983 ARTICLE 14. On motion of John H. Russell it was voted to amend Article VI, Section 3 of the By -Laws of the Town of Reading by deleting Section 3 in its entirety and substituting therefore the following as Section 3: "Section 3. The Law Committee shall have the authority to institute, prosecute and defend through the Town Counsel or any Special Counsel employed by the Law Committee pursuant to Section 2. of this Article VI all claims, actions, and proceedings to which the Town is a party or in which any right or interest of the Town is involved. The Town Counsel or any Special Counsel so employed by the Law Committee shall not make any final settlement of any litigation to which the Town is a party unless he has been duly authorized by a vote of the Law Committee or by a vote of the Town Meeting. The Law Committee shall have the authority to compromise and settle all suits involving the payment by the Town of Twenty Thousand Dollars ($20,000.00) or less, and it shall further have the authority to compromise or settle all claims, actions, proceedings and suits arising under Workmen's Compensation or related disability insurance statutes, involving payment by the Town of Fifty Thousand Dollars ($50,000.00) or less. A Town Meeting must approve the compromise or settlement of all suits involving the payment by the Town of more than Twenty Thousand Dollars ($20,000.00), except for claims, actions, proceedings and suits arising under Workmen's Compensation or related disability insurance statutes, in which case a Town Meeting must approve the compromise or settlement of all such matters involving the payment by the Town of more than Fifty Thousand Dollars ($50,000.00)." ARTICLE 15. On motion of John H. Russell it was voted to accept the provisions of Massachusetts General Laws, Chapter 40, Section 13A, relating to the establishment and maintenance of an insurance fund to pay workmen's compensation. ARTICLE 16. On motion of John H. Russell it was voted that the sum of One Hundred Fifty -Six Thousand, Nine Hundred Thirty -Six Dollars and twenty -one cents ($156,936.21) be transferred from the sums appropriated under Article 47, line item 165 Casualty Insurance, of the May 2, 1983 Annual Town Meeting of the Town of Reading, for the purposes of Workmen's Compensation and related disability insurance matters and appropriated to the insurance fund to pay Workmen's Compensation to be established by the Town under the authority of Massachusetts General Laws, Chapter 40, Section 13A. ARTICLE 17. On motion of Robert I. Nordstrand it was voted that the Town accept and adopt the provisions of the second and third sentences of the fifth paragraph of Section 1 of Chapter 60A of the General Laws, as inserted by Section 1 of Chapter 597 of the Acts of 1982. ARTICLE 18. On motion of Douglass L. Barker it was voted to amend the By -Laws of the Town of Reading by adopting the following, relating to newsracks, as Article XXXVI thereof: "ARTICLE XXXVI NEWSRACKS Section 1. The purpose of this By -Law is to protect the Town of Reading and its inhabitants from the unregulated installation, use or maintenance of newsracks on public streets, sidewalks and other public properties. The unregulated installation, use or maintenance of newsracks on public streets, sidewalks and other public properties will result in obstruction of sidewalks that will interfere with the public's right to unhampered passage thereon, will create traffic congestion or illegal parking or stopping by motorists in order to purchase newspapers, periodicals or other printed matter, will damage municipal property because of the chaining of newsracks to poles, traffic standards or other fixtures, will interfere with the performance of required municipal services, will create unsightly conditions and will endanger the safety and welfare of the inhabitants of the Town of Reading. Section 2. DEFINITIONS. For the purposes of this By -Law, the following words and phrases shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular; and words in the singular include the plural: Distributor - any person responsible for the installation, use or maintenance of a newsrack in or on a public street. Newsrack - any self - service or coin - operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale of newspapers, periodicals or other printed matter. Person - any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, or any other legal entity or its legal representatives, agents, or assigns. Adjourned Subsequent Town Meeting November 28, 1983 Public Street - the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and it includes any alley or other public property in the Town of Reading. Roadway - that portion of a public street improved, designed or ordinarily used for vehicular travel, including the curb or shoulder. Sidewalk - that portion of a public street between the curblines or lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians. Section 3. No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street. Section 4. A. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or other public place when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public utility purposes, public transportation purposes or government use or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business or any legally parked or stopped vehicle or the use of poles, posts, trees, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location. B. Any newsrack which in whole or in part rests upon, in or over any sidewalk or other public place shall comply with the following standards: (1) No newsrack shall exceed four (4) feet in height, thirty (30) inches in width or two (2) feet in depth. (2) No newsrack shall be chained, bolted or otherwise attached to any property owned or maintained by the Town of Reading. (3) No newsrack shall be placed, installed, used or maintained: (a) Within three (3) feet of any crosswalk. (b) Within twenty (20) feet of any fire hydrant. (c) Within six hundred (600) feet of any other newsrack distributing the same newspaper. (d) Within five (5) feet of any fire or police call box or other emergency facility. (e) Within five (5) feet of any driveway, public or private. (f) Within three (3) feet ahead or fifteen (15) feet to the rear of any designated bus stop, taxi stand or place marked for handicapped parking. (g) Within three (3) feet of any public bench, bus bench or shelter. (h) At any location whereby the clear space for the passageway of pedestrians is reduced to less than five (5) feet. (i) Within three (3) feet of any display window of any building abutting the sidewalk or other public place in such a manner as to impede or interfere with the reasonable use of such window for display purposes. (j) No newsrack shall be used for advertising signs or publicity purposes other than that which is essential to identify the newspaper, periodical or other printed matter offered for sale therein. Advertising signs, promotional decorations, banners and moving signs shall not be permitted on the newsrack, except as otherwise provided in this sub - section. Neither the newsrack nor any of the permitted lettering thereon shall employ reflectorized paint, day -glo, fluorescent or scotchlite reflective materials or materials of like nature. (k) Each newsrack shall be maintained in a clean and neat condition and in good repair at all times, including snow removal from on the newsrack and within one (1) foot in all directions around the base or bottom of the newsrack. (1) Every person who places or maintains a newsrack on the public streets of the Town of Reading shall have his name, address and telephone number affixed thereon in a place where such information may easily be seen. (m) Every person who places or maintains a newsrack on the public streets of the Town of Reading shall give written notification of the location of any such newsrack to the Board of Public Works. Section 5. The provisions of this By -Law shall also apply to existing newsracks within the Town of Reading, except that the distributors thereof shall have thirty (30) days within which to comply with the said provisions or within such additional time as may be allowed in the discretion of the Board of Public Works. Section 6. A. If it should appear that any distributor is violating any provision of this By -Law, it shall be the duty of the Superintendent of Public Works or his designee to I�YJ Adjourned Subsequent Town Meeting November 28, 1983 determine whether or not such a violation has occurred and thereafter to notify the distributor to correct the violation within three (3) days thereafter. Such notification and direction shall be in writing; it shall specify the nature of the violation and whether or not it warrants removal of the newsrack if not corrected withn three (3) days, and it shall direct correction; it shall be served upon the distributor in hand, or it shall be telephoned to the distributor at the telephone number designated by the distributor as provided in section 4.8.(3X1) above and confirmed in a written notice, mailed by certified mail with return receipt requested to the address designated by the distributor as provided in section 4.8.(3X1) above. During such three -day period, the distributor shall have a right to a hearing before the Superintendent of Public Works or his duly designated representative to determine whether or not such violation has occurred and whether or not the nature of such claimed violation warrants removal prior to final determination. At such hearing the distributor shall have the right to examine the evidence upon which the Superintendent or his designee acted, to cross - examine any witnesses who may have appeared before him and to offer any evidence which may tend to show that the subject newsrack does not violate any provision of this By -Law and that the claimed violation is not of a nature which warrants removal prior to final determination. The hearing officer shall promptly review such evidence, notify the distributor of his decision with respect thereto, and if necessary, afford the distributor a reasonable opportunity to comply with such determination. If said violation is not corrected within such three -day period or such further reasonable period as may be contained in a superseding notice by the hearing officer, the Board of Public Works shall remove such newsrack and place it in storage in a secure place. The cost of removal and storage shall be billed to the distributor, and in the event of nonpayment, a civil suit for money damages may be brought by the Town Counsel. If such newsrack is not claimed within thirty (30) days, it shall be treated as abandoned property and disposed of as provided by law. B. Any distributor who, having been notified and directed as provided herein to correct a violation of the provisions of this By -Law, fails to correct such violation as provided in such notice shall be guilty of a violation of this By -Law and shall be subject to punishment as provided in Article XXVII of the By -Laws of the Town of Reading. Each day the violation remains uncorrected shall be considered a separate offense and violation of this By -Law. C. Any distributor or other person aggrieved by a finding, determination, notice or action taken under the provisions of this By -Law may appeal to the Board of Public Works. An appeal shall be made in writing, and it must be filed within three (3) days after the receipt of written notice of any protested decision or action with the Town Clerk by a letter of appeal briefly stating therein the basis for such appeal. The Town Clerk shall forward such notice of appeal to the Board of Public Works. A hearing thereon shall be scheduled by the Board of Public Works to be held on a date no more than fifteen (15) days after receipt of such letter. The appellant shall be given at least five (5) days notice of the time and place of the hearing. The Board of Public Works shall give the appellant or any other interested person a reasonable opportunity to be heard in order to show cause why the determination or action appealed from should not be upheld. The Board of Public Works shall make a final determination at the conclusion of the hearing or as soon thereafter as is practicable. In the event that a distributor is successful in reversing a determination that the claimed violation was of a nature which warranted removal pending a final determination, no fee shall be imposed for the removal and storage of the newsrack which was the subject of the appeal, and failure to comply with such determination shall not serve as a basis for prosecution under subsection B. of this Section 6. Section 7. Nothing contained in this By -Law shall be interpreted to limit or impair the exercise by the Town of Reading of its police power in the event of an emergency to remove any newsrack which presents a clear and present danger of imminent personal injury or property damage to users of the public streets of the Town. Further, nothing contained in this By -Law shall be interpreted to limit or impair the ability of the Town of Reading to temporarily remove or relocate any newsrack in order to allow the Town to perform municipal work or other services in the location or immediate vicinity of such newsrack, in the event such newsrack has not been temporarily removed or relocated by the distributor within twenty -four (24) hours of telephone or written notice from the Town of its intention to perform municipal work or services in the location or immediate vicinity of such newsrack. Section 8. Any distributor placing newsracks on sidewalks or other public place within the Town of Reading shall provide liability insurance in the amount of $1,000,000.00, for each occurrence, for bodily injury, and in the amount of $500,000.00, for each occurrence, for property damage, naming the Town of Reading as an insured. Any such distributor shall further agree to hold the Town of Reading, its Officers, Boards, Commissions, Committees, and their employees, agents, and assigns, harmless in any suit brought against the Town or any of its Officers, Boards, Commissions, Committees, and their employees, agents and assigns arising out of the use, operation or maintenance of the newsracks. Any distributor placing newsracks on sidewalks or other public places within the Town of Reading shall further indemnify and hold the Town of Reading, its Officers, Boards, n Adjourned Sebsequent Town Meeting November 28, 1983 Commissions, Committees, and their employees, agents and assigns harmless from any damage caused to any newsrack by virtue of the Town of Reading performing snow removal or other municipal services on the Town's public streets, roadways and sidewalks. Section 9. In the event any section, subsection or provision of this Article XXXVI shall be held to be invalid, such invalidity shall not effect the validity of any other section, subsection or provision hereof." ARTICLE 19. On motion of Douglass L. Barker it was voted to amend Article XIV, Section 1 of the By -Laws of the Town of Reading by adding the following sentence thereto: "The provisions of this Section 1 shall not apply to newsracks as defined in Article XXXVI of these By- Laws." ARTICLE 20. On motion of Arthur Polychrones it was voted that the sum of Sixty - One Thousand Four Hundred Fifty -Nine Dollars ($61,459.00) as may be provided by the Commonwealth of Massachusetts under Chapter 289 of the Acts of 1983 be appropriated for the purpose of improving, constructing and reconstructing Town public ways. Such sums to be spent 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 21. On motion of Barry E. Hampson it was voted that the Town authorize the Board of Public Works to file in the name of, and in behalf of the Town, an application in form and manner required by the United States of America or the Commonwealth of Massachusetts, and to do whatever else may be required to attempt to obtain a grant to be made by the United States of America or the Commonwealth of Massachusetts to the Town of Reading, Massachusetts to be used together with the funds previously raised and appropriated for improvements to the water system; to appropriate any such funds so received to the Board of Public Works to be used together with the funds previously appropriated for said improvements to the water system; and to authorize the Board of Public Works to proceed with said improvements to the water system and enter into all contracts and agreements with respect thereto and to do all other acts and things necessary or proper for carrying out the provisions of this vote. ARTICLE 22. On motion of Carl H. Amon, Jr. it was voted that the sum of Two Thousand Five Hundred Dollars ($2,500.00) be transferred from Cemetery Sale of Lots Fund and that said sum be appropriated to the Cemetery Department to be expended under the direction of the Cemetery Trustees for the purpose of purchasing unwanted grave spaces and graves that are unclaimed under Chapter 114, Section 10A of the General Laws of the Commonwealth of Massachusetts. ARTICLE 23. On motion of Paul E. Landers it was voted that the sum of Five Thousand Dollars ($5,000) be transferred from free cash and appropriated to the Building Maintenance Department for the purpose of supplementing and renovating the electrical system in the Municipal Building, 16 Lowell St. ARTICLE 12. On motion of John H. Russell it was voted to take Article 12 from the table. ARTICLE 12. On motion of John H. Russell it was voted to lay Article 12 on the table. On motion of John H. Russell it was voted that this meeting stand adjourned to meet at 7:30 P.M. on Thursday, December 1st, 1983, in the Parker Jr. High School auditorium. Meeting adjourned at 10:55 P. M. 135 Town Meeting members were present. A true copy. Attest: _. _�— -- Lawrence Drew Town Clerk