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HomeMy WebLinkAbout1973-09-24 Special Town Meeting MinutesIn SPECIAL TOWN MEETING Reading Memorial High School Auditorium September 24, 1973 The meeting was called to order by the Moderator, Kenneth C. Latham, at 8:00 P. M. The invocation was given by Rev. Robert D. Samuelson of the First Congregational Church. The Warrant was partially read by the Town Clerk, when on motion of Fred C. Kenney, Jr., it was voted to dispense with further reading of the Warrant, except the Constable's Return, which was then read by the Town Clerk. The following report was read by Nathalie C. Beaton, Chairman, Council on Aging: The Council on Aging is happy to submit herewith copies of its "Elderberries" newsletters of June lst, covering programs for this past summer, and of September 1, 1973, covering the regularly sched- uled activities for the elderly through June of 1974. These were mailed to citizens of Reading 65 years of age or over. The Council wishes to particularly thank the Town of Reading for authorizing the purchase of a 12- passenger van at the March Town Meet- ing for the use of the Council on Aging. This comfortable and very good looking-vehicle has now been in operation for several weeks. It is proving to be wonderfully helpful in all phases of our work. Be- cause of it more senior citizens are participating in our various pro- grams. Attached to this report are two pictures from the Reading Chronicle of August l6th showing the van. The elderly themselves are delighted with it and keep telling us how grateful they are. this It was :voted that report be accepted as a report of progress. The following report was read by Lawrence R. Blood, Board of Public Works: IMPROVEMENTS TO THE READING WATER SYSTEM The Board of Public Works wishes to submit a report of progress on the improvements to the Reading Water System authorized by the An- nual Town Meeting of March 1972. The work in progress is as followsL 1. Work on the continuous sludge collection and removal equipment at the Treatment Plant is well under way and it appears that this work will be completed by the end of December 1973. sta1ioRhe Treatment Plant are 2. Improvements to the main pumping under contract and it is estimated that this work will be completed by June 1974. 3. The construction of the gravel well in the Town Forest has has been completed and the contract for installing the pump and building the station is now under way and it is estimated that this work will be completed by May 1974. 4. The pipe line from the new Town Forest well has been com --- pleted. 5. The construction of the underground power line has also been completed. 6. The pipe line from the Revay Wells to the Treatment Plant is well under way and will be completed by December 1973. 7. The conversion of the pump at the Revay Well to deliver water to the Treatment Plant rather than into the distri- bution main will not begin until all other phases of the project are completed. It is estimated that this work`. will be completed by early Fall 1974. It was voted that this report be accepted as a report of progress. IF Special Town Meeting September 24, 1973 The following report was read by Richard J. Ogden, Vice - Chairman, Finance Committee: REPORT OF SUBCOMMITTEE FOR CONSULTANT SERVICES In March the Town Meeting authorized the Finance Committee to ap- propriate $20,000 for the Finance Committee to engage consultants to study and review and subsequently report on financial operations and procedures of Town Boards, Departments and Committees. In June the Finance Committee appointed a subcommittee to work with a subcommittee of the Town Government Study Committee to select the consultant for this work. We prepared a request for proposal which stated, in part, that: The study, which is the subject of this request for pro- posal, will concentrate mainly on the mechanics of the Town's business procedures. The objectives of the study are to im- prove the efficiency and effectiveness of Town government op- erations with particular emphasis on meeting the needs of the citizens and Town officials on a timely basis. The study will include the entire range of governmental operations with the goal of seeking new and improved methods of doing business..." In addition, our proposal listed eight areas which we felt would be helpful in assisting the Finance Committee and in improving the opera- tion of Town government: 1. Fiscal administration 5. Personnel management 2. Procurement administration 6. Planning and budgeting 3. Property management 7. Data processing 4. Facilities management 8. Communications In mid -July the request for proposal was submitted to nine consultant firms asking for responses by August 13. We received three responses, one from Arthur D. Little of Cambridge; one from Municipal Consultant Services of Canton; and one from Peat, Marwick & Mitchell of Boston. For purposes of its proposal, Peat, Marwick & Mitchell agreed to com- bine its efforts with Charles M. Evans & Associates, Management Con- sultants. The two subcommittees reviewed the three proposals, conducted inter- views with the three firms, and unanimously selected Peat, Marwick & Mitchell. The decision to select Peat, Marwick & Mitchell was based on the following factors, its scope was much more detailed than the other two respondents; its level of effort in terms of management was as great as one respondent and greater than the other; and the committee felt that Peat, Marwick & Mitchell's strong reputation in the area of financial management blended extremely well with Charles M. Evans'ex- tensive background of assisting municipal governments in the areas of personnel, and property and facilities management. Last week the Finance Committee entered into a fixed price contract of $20,000 with Peat, Marwick & Mitchell to perform the work outlined in our request for proposal. The contract calls for Peat, Marwick & Mitchell to submit its final report in approximately 22 weeks. Peat, Marwick & Mitchell's approach calls for active participation and coop- eration of Town officials. In this regard, Mrs. Joyce Miller, the Town Librarian, has been designated to coordinate Peat, Marwick & Mit- chell's day -to -day study efforts. In addition, a steering committee, comprised of members of the Finance Committee, the Town Government Study Committee, and Department heads, is being formed to provide as- sistance during the review. The Finance Committee will maintain overall cognizance of the project and will receive periodic progress reports from Peat, Marwick & Mitchell during the course of the engagement. It was voted that this report be accepted as a report of progress. The following report was read.by George A. Theophanis for the Town Government Study Committee: INTERIM REPORT - TOWN GOVERNMENT STUDY COMMITTEE The Town Government Study Committee organized on January 23, 1973, with five members and was subsequently expanded to seven members. A study plan consisting of three phases was adopted. The first phase is fact finding, with the intent being to acquaint the members of the Com- mittee with the form and function of all arms and agencies of the gov- ernment, how the government derives its powers from the State, and the relationship between Town Government and the State, the County and other super - municipal agencies. Special Town Meeting September 24, 1973 The second phase is the identification of problems within the present structure. Both existing and incipient problems would be iden- tified and common roots sought. The third phase is the formulation of recommended changes. This phase includes the obtaining of reactions and suggestions to tentative recommendations through interviews and hearings, the preparation of a program to implement the changes, and a final report. The Committee is presently in the second phase. At the time when this plan was first established, a set of tenta- tive milestones was put forth. It was felt that a final report could be presented by December of 1974. This was based on the assumption that mo significant overlapping of phases would occur. Considerable overlapping has in fact occurred, and it is now possible that the work will end as early as June. This could be classed as an optimistic date. However, both dates are stated so that this body will be as well informed as possible as to when to expect our report. The Committee has held a total of sixteen formal meetings and numerous individual interviews. Most of these meetings were in the nature of fact finding with members of the Town Government community as guests. Contacts have been made with the State Department of Com- munity Affairs and with officials of several other towns similar to Reading. A library has been compiled, and contains numerous studies from both the publid and private sectors, special legislative acts, excerpts from the General Laws, data concerning Reading, other town charters, and many articles on municipal government. At present the Committee is conducting a series of panel discus- sions with the members of various sectors of the community. Plans for the immediate future are to consult with various boards and committees. An additional function of the Committee has been the participation in the conduct of the operations study to be performed by a consultant acting for the Finance Committee. A three member subcommittee has been established for this purpose and will act primarily as an observer to report useful results to the remainder of the Committee. Preliminary Observations Although it is early yet to draw conclusions, certain impressions have been clearly gained by a concensus of the Committee, Noted first is the existence of an ever increasing degree of apathy in regards to community government in Reading. We mention this first because it is a death knell to the form of government that Reading now enjoys. This is a participation form of government, and can survive only through open and vigorous political activity, in which the town as a whole participates. The apathy we observe exists to a largw degree in Reading than in most other towns. It is not oily confined to the voters, but also exists within the government, particularly this body. Not only are there fewer voters, but there are also fewer candidates. Apathy has been excused as contentment, where its cause is more likely ignorance of the issues. It alone is enough to cause serious thought to departing entirely from the town form of government. However, those of us who have influxed to Reading, particularly from large cities, and those of us who have been born and raised in the New England tradition of participation government have strong in- stincts, and with good reason, to cling to this tradition. With this powerful consensus behind it, the Committee's hope and aim is to pre- serve the Town Meeting system in some form- -this, despite a constitu- tional amendment permitting towns over 12,000 population to become cities, the urgings of many legislators and municipal experts for towns of over 20,000 to become cities, and an embryonic but growing trend for towns to do away with town meeting. Our words "hope and aim" are not chosen casually in light of the recent degeneration of the Town Meeting that the Committee has observed. It was not long ago that the Town Meeting membership was increased to accomodate all those running for a limited number of seats. Now vacan- cies exist at the close of nominations. Precinct meetings are no longer held. Town Government does less to inform Town Meeting members, and Town Meeting Members do less to inform themselves. The quality and. quantity of debate bears less and less relationship to the importance of the issues. If this trend continues, Town Meeting will no longer be a viable body. It has been said that television has killed Town Meeting. We hope this is not true, for it is too valuable:: an asset to waste. Special Town Meeting September 28, 1973 7 There is little doubt in the minds of the Committee members that a strong central authority is a necessity in Reading's government. Diffusion of authority is a characteristic of governments having long ballots. The various elected officials feel primarily responsible to the voters, and any coordination between them or their administra- tions occurs on an informal individual basis. Should conflicts occur, coordination ceases. Reading has been extremely fortunate in the cali- ber of its administrative personnel. However, the size and complexity of this multimillion dollar operation is beginning to tell on the in- formal structure. The results are some confusion in the times of auth- ority, a deficiency in intragovernmental communications, and a lack of policy coordination. This has tended to decrease the access and responsiveness of the government to the people. Just what form a stronger central authority should take is still an open issue in the minds of the Committee. A final observation on which the Committee feels strongly at this time is the lack of long range planning, both fical and otherwise. It is felt that this is partly an outgrowth of the previous observa- tion (the diffusion of authority) and partly a failing on the part of the political leadership. That is to say, there has been better long range planning in the past. Today there is scant evidence of a policy promulgated by the leadership on fiscal priorities, land usage, community, commercial and industrial development, social aims or development of services. Such planning is necessary if the town is to progress as the people desire, rather than in a haphazard manner as business opportunities or individual interests arise. Remarks The Committee has attempted, through the good offices of the Reading Chronicle, to inform the public of its progress and its near term schedule. It wishes to express its thanks to the Chronicle for the space it has made available for our use. Unfortunately, the num- erous invitations that the Committee has extended to the public to at- tend our meetings, particularly the panel discussions, have been almost completely ignored. The Committee would now like to utilize this forum to extend an invitation to members of this body and non - members alike to attend our meetings or to contact members of the Committee with questions or ex- pressions of your opinions. George A. Theophahis, Chairman Corliss T. VanHorn Sandra E. Gray Malcolm S. Wh6te, Jr. Theo M. Johnson Donald R. Walker Jack G. Cairl It was voted that this report be accepted as a report of progress. The following report was read by William H. Parker, III, for the Municipal Light Department: REPORT ON CABLE TELEVISION -- (CATV) The following is a brief report from the RMLB relative to its po- sition on cable television in Reading. As you may know we have done some backgroun4 work with CATV and have pursued developments from a State level. About a year ago, we had a limited study done for us to determine whether or not our electric utility operation and a cable television operation would be compatible. This report was in general and broad terms, however it did give the Light Board an insight into cable television insofar as a Municipally owned electrical utility was concerned. Copies of this report were made available to the Board of Selectmen. We understand they have used it for general guide- lines along with the State Cable Television Commission's Regulations. Our position is as follows: 1. The Light Board feels that the RMLD can handle the technical aspects of Cable Television. While there may not be immediate dove- tailing of operations, information available indicates that ultimately, our electric utility operation and cable television would be compatible. 2. Since we are a Town Department, we feel that there should be a definitive expression from the town as to whether or not, you want the Light Department to handle the technical aspects of CATV. Pro- gramming, etc. should be handled by a different body. 8 Special Town Meeting September 24, 1973 3. If the ecpression is affirmative, we will place an Article in the next Town Meeting Warrant to appropriate sufficient funds to do an in -depth study. Light Department funds by statue cannot be used for this purpose. As the Board of Selectmen are aware, State Regulations require a Town must appoint a citizen's CATV Advisory Committee. The Ad- visory Committee must produce policy recommendations concerning a number of technical, administrative and social questions. The Light Board stands ready to cooperate with this Advisory Committee and to assist them in the development of information which will be required to order to hold hearings and ultimately issue a CATV license. In summary, the RMLB is very interested in CATV, however, it feels it must be directed by this Town Meeting. Town Counsel Connors and Board Member Crpoker have represented the Town and the Light Depart- ment at informal meetings with the Massachusetts Cable Television Com- mission. Manager Rhinerson and members of the Municipal Light Depart- ment staff have also attended a number of seminars on CATV. The Department and Board feel qualified in pursuing a Cable Tel- evision operation for the Town if so instructed. It was voted that this report be accepted as a report of progress. ARTICLE 1. William H. Parker, III, moved that the town vote to enlarge the Municipal Electric Lighting Plant and that the sum of Two Million Dollars ($2,000,000) be and hereby is appropriated for the enlargement of the Municipal Electric Lighting Plant by the construc- tion of a substation and facilities appurtenant thereto and to meet such appropriation, the Town Treasurer with the approval of the Sel- ectmen, is hereby authorized to borrow the sum of Two Million Dollars (52,000,000) at one time or from time to time under and pursuant to Chapter 44, Section 8(8), of the General Laws and to issue bonds or notes therefor and the Municipal Light Board is hereby authorized to proceed with the construction and to enter into all contracts and agreements in respect thereto, and to do all other acts and things necessary or proper for carrying out the provisions of this vote. On motion of Carl H. Amon, Jr., it was voted to lay Article 1 on the table. ARTICLE 2. William H. Parker, III, moved that the following vote be adopted: That the Board of Selectmen, upon the written request of the Municipal Light Board, on behalf of the Town, is hereby author- ized to take the land hereinafter described in fee or rifhts of ease- ment therein by eminent domain under Chapter 79 of the General Laws, as amended, or to acquire said land in fee or rights of easement therein by purchase or otherwise, for municipal light purposes, in- cluding the constructing, maintaining and operating thereon of an electric power substation and electric transmission and distribution facilities, together with equipment, structures and accessories ap- purtenant thereto; that entry thereon by employees, agents, lessees or licensees of the Town, for the purpose of construction and opera- tion before all claims for damages by reason of such acquisition shall have been finally adjusted or determined by permitted; that the care, custody, management and control of such land be placed in the charge of the Municipal Light Board; and that the Municipal Light Board be authorized to lease and /or grant easements in such land to carry out the purposes of this vote; the aforesaid land being bounded and described as follows: P Beginning at a point on the easterly side of the highway at the land of Josephine Mattera, thence by said highway N• -1000 55' 45" W, 208.76 feet to a point at land of Arthur L. and Hazel Y. Collins; Thence to said Collins land S 740 16' 31" E, 788.02 feet to a point; Thence still by Collins property N 460 13' 05" E, 946 feet, more or less, to the town line of Reading and North Reading and land of the Town of North Reading; Special Town Meeting September 24, 1973 Thence by said town line S 430 58' 33" E, 231 feet, more or less, to land of the Town of Reading, shown on a plan entitled "Plan of a Portion of Bare Meadow, Reading, Mass., Surveyed for the Conservation Comm. of the Town of Reading" dated November 1970, by H. Kingman Ab- bott, Reg. Surveyor, recorded with the Middlesex County Registry of Deeds in Book 12169 following Page 724; Thence by said land of the Town of Reading S 46° 13' 05" W, 317 feet, more or less, to a point at a ditch; Thence by said land of the Town of Reading, along a ditch by five courses as follows: S 68° 06' 21" W, 69,98 feet S 510 38' 19" W, 50.27 feet S 44° 48' 02" W, 233.15 feet S 470 53' 57" W, 220.39 feet S 450 04' 39" W, 35.00 feet ne to a point at a stone wall at land of Dominic and Louise C. Zelano; Thence by said land of Zelano, along a stone wall, by four courses as follows: S 10° 34' 39" W, 185.56 feet N 66° 56' 40" W, 166.67 feet S 25° 57, 19" W, 53.50 feet N 61° 58' 00" 443.15 feet to a drill hole at land of the aforementioned Mattera; Thence by said Mattera land, still along a stonewall by three courses as follows: N 74° 30' 49" W, 27.43 feet N 73° 48' 13" W, 254.49 feet N 77° 01' 18" W, 41.35 feet to the point of beginning. Said parcel contains 9.4 acres, more or less, as shown on a plan entitled "Plan of Land in Reading, Massachusetts, prepared for Reading Municipal Light Department ", Scale 1" equals 801, and dated August 30, 1973, by Dana F. Perkins and Sons, Inc., Civil Engineers and Surveyors, Reading - Lowell, Massachusetts, said plan to be recorded with the in- strument by which said land is acquired pursuant to this vote; and that the sum of Thirty -five Thousand Dollars ($35,000.00) be trans - fetter from the Municipal Light Department Depreciation Account and be appropriated for the purposes of such acquisition pursuant to this vote. On motionrrof Lawrence S. Webster it was voted to lay Article 2 on the table. On motion.of Lawrence S. Webster it was voted to take Article 1 from the table. ARTICLE 1. On motion of William H. Parker, III, it was voted that the town vote to enlarge the Municipal Electric Lighting Plant and that the sum of Two Million Dollars ($2,000,000) be and hereby is appropriated for the enlargement of the Municipal Electric Lighting Plant by the construction of a substation and facilities appurtenant thereto and to meet such appropriation, the Town Treasurer with the approval of the Selectmen, is hereby authorized to borrow the sum of Two Million Dollars ($2,000,0001) at one time or from time to time un- der and pursuant to Chapter 44, Section 8(8), of the General Laws and to issue bonds or notes therefor and the Municipal Light Board is hereby authorized to proceed with the construction and to enter into all contracts and agreements in respect thereto, and to do all other acts and things necessary or proper for carrying out the provisions of this vote. 105 voted in the affirmative 33 voted in the negative On motion of Lawrence S. Webster it was voted to take Article 2 from the table. 10 Special Town Meeting September 24, 1973 ARTICLE 2. On motion of William H. Parker, III, it was voted in the negative that the following vote be adopted: That the Board of Selectmen, upon the written request of the Municipal Light Board, on behalf of the Town, is hereby authorized to take the land hereinafter described in fee or rights of easement therein by eminent domain under Chapter 79 of the General Laws, as amended, or to acquire said land in fee or rights of easement therein by purchase or otherwise, for Municipal Light purposes, including the constructing, maintaining and operating thereon of an electric power substation and electric transmission and distribution facili- ties, together with equipment, structures and accessories appurten- ant thereto; that entry thereon by employees, agents, lessees or li- censees of the Town, for the purpose of construction and operation be- fore all claims for damages by reason of such acquisition shall have been finally adjusted or determined be permitted; that the care, cus- tody, management and control of such land be placed in the charge of the Municipal Light Board; and that the Municipal Light Board be auth- orized to lease and /or grant easements in such land to carry out the purposes of this vote; the aforesaid land being bounded and described as follows: Beginning at a point on the easterly side of the tighway at the land of Josephine Mattera, thence by said highway N 60 55' 45" W, 208.76 feet to a point at land of Arthur L. and Hazel Y. Collins; Thence by said Collins land S 740 16' 31" E, 788.02 feet to a point; Thence still by @ollins property N 460 13' 05" E, 946 feet, more or less, to the town line of Reading and North Reading and land of the Town of North Reading; Thence by said town line S 430 58' 33" E, 231 feet, more or less to land of the Town of Reading, shown on a plan entitled "Plan of a Portion of Bare Meadow, Reading, Mass., Surveyed for the Conserva- tion Comm. of the Town of Reading ", dated November 1970, by H. King- man Abbott, Reg. Surveyor, recorded with the Middlesex County Regis- try of Deeds in Book 12169 following Page 724; Thence by said land of the Town of Reading S 460 13' 05" W, 317 feet, more or less, to a point at a ditch; Thence by said land of the Town of Reading, along a ditch by five courses as follows: S 680 06' 21" W, 69.98 feet S 510 38' 19" W, 50.27 feet S 440 48' 02" W, 233.15 feet S 470 53' 57" W, 220.39 feet S 450 04' 39" W, 35.00 feet to a point at a stone wall at land of Dominic and Louise C. Zelano; Thence by said land of Zelano, along a stone wall, by four courses as follows: S 100 34' 39" W, 185.76 feet N 660 56' 40" W, 166.67 feet S 250 57' 19" W, 53.50 feet N 610 58' 00" W, 443.15 feet to a drill hole at land of the aforementioned Mattera; Thence by said Mattera land, still along a stonewall by three courses as follows: N 740 30' 49" W, 27.43 feet N 730 48' 13" W, 254.49 feet N 770 01' 18: W, 41.05 feet to the point of beginning. Said parcel contains 9.4 acres, more or less, as shown on 'a plan entitled "Plan of Land in Reading, Massachusetts, prepared for Reading Municipal Light Department:, Scale 1" equals 801, and dated August 30, 1973 by Dana F. Perkins and Sons, Inc., Civil Engineers and Surveyors, Reading - Lowell, Massachusetts, said plan to be recorded with the in- strument by which said land is acquired pursuant to this vote; and that the sum of Thirty -five Thousand Dollars ($35,000) be trans- ferred from the Municipal Light Department Depreciation Account and be appropriated for the purposes of such acquisition pursuant to this vote. 33 voted in the affirmative 101 voted in the negative (two- thirds vote required) Ll Special Town Meeting September 240 1973 !Z Carl H. Amon, Jr., moved for Reconsideration of Article 1. This motion did not pass. 3 voted in the affirmative 120 voted in the negative (two- thirds vote required) ARTICLE 3. On motion of Robert S. Cummings, as amended by Ralph J. Bens, Jr., it was voted that the By -Laws of the Town be amended by adding to Article XXI thereof, a new Section 6 reading as follows: CONSUMPTION OF ALCOHOLIC BEVERAGES Section 6. No person shall consume any alcoholic beverages as defined in Chapter 138 of the General Laws while on, in or upon any public way, public parking lot, or any publicly owned place not duly licensed for such purposes, including consumption while in or upon any vehicle on such way, lot or place. All alcoholic beverages be- ing used in violation of this by -law shall be seized and safely held until final adjudication of the charges against the person or persons arrested or summoned before the Court, at which time they shall be re- turned to the person entitled to lawful possession. 108 voted in the affirmative 15 voted in the negative ARTICLE 4. On motion of Fred C. Kenney, Jr., it was voted that the Town accept Chapter 40, Section 8G, of the General Laws, which permits cities and towns to enter into agreements for mutual police aid programs. ARTICLE 5. To see what sum the town will raise and appropriate for Traffic Control - Schools, or take any other action with respect thereto. On motion of Fred C. Kenney, Jr., it was voted that the subject matter of Article 6 be indefinitely postponed. On motion of Fred C. Kenney, Jr., it was voted that this meeting stand adjourned until Monday evening, October 1, 1973, at 8:00 P. M., to meet at the Reading Memorial High School Auditorium. Meeting was adjourned at 11:10 P. M. 154 Town Meeting Members were present. A true copy. Attest: Lawrence Drew -- Town Clerk ADJOURNED SPECIAL TOWN MEETING Reading Memorial High School Auditorium October 1, 1973 The meeting was called to order by the Moderator, Kenneth C. Latham, at 8:00 P. M. The invocation was given by Rev. Adrian R. Keeton of the Nazarene Church. The Town Clerk read the Notice and his Return on posting the Notice of Proposed Reconsideration of Article 2, in accordance with Article II, Section 4, of the General By -Laws, of the Town, on vote passed at the Special Town Meeting held on September 24, 1973. ARTICLE 2. On motion of William H. Parker, III, it was voted that Reconsideration of this Article be indefinitely postponed. t