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HomeMy WebLinkAbout1979-06-07 Adjourned Annual Town Meeting Minutesvow %am %Ono Adjourned Annual Town Meeting June 4, 19 -k '� Library, retaining intact and utilizing the exterior facade of the present Town Hall building; and to instruct the Board of Selectmen, the Finance Committee and the Board of Library Trustees to include such construction in the Capital Program and to submit implementing Articles at appropriate times for consideration by Town Meeting. On motion of Stephen G. Viegas it was voted that this article be indefinitely postponed. On motion of Douglas A. Cowell it was voted that this meeting stand adjourned to meet at 8:00 P. M. on Thursday, June 7, 1979, in the Reading Memorial High School Auditorium. Meeting adjourned at 11:04 P. M. 155 Town Meeting members were present. A true copy. Attest: - f Lawrence Drew Town Clerk ADJOURNED ANNUAL TOWN MEETING Reading Memorial High School Auditorium June 7, 1979 The meeting was called to order by the Moderator, John W. Faria, at 8:00 P. M. The invocation was given by the Rev. Johannah E. Fine of the First Congregational Church, followed by the Pledge of'Allegiance to the Flag. ARTICLE 22. To see if the Town will vote to accept the policy recommendation of the Planning Board to sell the property known as the Lowell Street School for a use permitted in a Residential Zoning District, with priority of purchase given to a provider of subsidized housing for the elderly to meet local needs; and to authorize the Board of Selectmen to effectuate the intent of this Article by taking all action necessary including conveying the property by deed upon such terms and conditions as the Selectmen shall consider proper, or take any other action with respect thereto. On motion of'James J. Sullivan, Jr. it was voted to lay Article 22 on the table. ARTICLE 23. On motion of William C. Brown it was voted that the Board of Selectmen be and are hereby authorized and instructed to sell at public auction, by December 31, 1979, land and buildings now or formerly known as the Lowell Street School for the sum of not less than $40,000.00, and that the sum of One Hundred Dollars ($100.00) be raised and appropriated to carry out the purpose of this vote. 106 voted in the affirmative 21 voted in the negative On motion of Joseph C. Sturm it was voted to take Article 22 from the table. On motion of ' Joseph C. Sturm it was voted that Article 22 be indefinitely postponed. ARTICLE 24. William C. Brown moved that the Board of Selectmen be and are hereby authorized and instructed to sell at public auction, by December 31, 1979, land and buildings now or formerly known as the Prospect Street School for the sum of not less than $45,000.00, and that the sum of One Hundred Dollars ($100.00) be raised and appropriated to carry out the purpose of this vote. This motion did not pass. On motion of Marvin M. Rosenthal it was voted to take Article 9 from the table. ARTICLE 9. On motion of Marvin M. Rosenthal as amended by James J. Sullivan, Jr. it was voted that the sum of One Hundred Eighteen Thousand Nine Hundred Eleven Dollars ($118,911) be raised from the tax levy and appropriated to Building Maintenance as follows, each item to be considered a separate appropriation: Salaries $50,298 Expense 68,613 118,911 166? Adjourned Annual Town Meeting June 7, 1979 ARTICLE 25. To see if the Town will delete in its entirety the present Plumbing Fee Schedule and substitute the following or take any action with respect thereto: Dwellings $12.00 for one to six fixtures 1.50 for each additional fixture 7.00 for hot water heaters 10.00 miscellaneous work (min. fee) Commercial & Industrial PER UNIT 15.00 flat fee 5.00 for each fixture Re- inspections -- not to exceed $15.00 or value of permit On motion of Marvin M. Rosenthal it was voted that Article 25 be indefinitely postponed. ARTICLE 26. To see if the Town will delete in its entirety the present Gas Fee Schedule and substitute the following or take any action with respect thereto: Dwellings $12.00 for new installations, 1 or 2 fixtures .25 2.00 for each additional fixture add .25 for each additional outlet 7.00 for additional work Commercial or New service, service change, temporary service 5.00 Industrial 12.00 for new installations 3.00 for each fixture miscellaneous repairs 5.00 for gas piping or replacement Re- inspections - Not to exceed $15.00 or value of permit. On motion of Marvin M. Rosenthal it was voted that Article 26 be indefinitely postponed. ARTICLE 27. To see if the Town will vote to amend Section 121.21 of the Reading Building Code by deleting the residential and commercial fee schedules in their entirety and substituting therefor the following, or take any other action with respect thereto: RESIDENTIAL New houses up to 60 outlets & service $25.00 additional outlets - each .25 Additions or alterations 1 - 3 outlets 3.00 add .25 for each additional outlet Rewire old house and service change 15.00 New service, service change, temporary service 5.00 change in trough, additional circuits 5.00 Ranges, Oil or Gas Burners, water heaters, dryers, dishwashers, disposals, air conditioners (per unit) 7.00 miscellaneous repairs 4.00 Central Air Conditioning 15.00 Swimming Pools (new) 10.00 (replacements) 5.00 COMMERCIAL New commercial single phase service or change up to 200 amp. add $1.50 per 100 amp. additional $10.00 New commercial three phase service or change up to 200 amp. add $2.00 per 100 amp. additional 12.00 Additions and alterations (plus $.50 per outlet) 5.00 New buildings (plus $.50 per outlet & service) 50.00 Air compressors, refrigeration, air conditioning, Motors up to 5 hp, dryers & outside lighting - per unit 7.00 Motors over 5 hp, signs (add $1.00 for each transf ormer) 10.00 Apartments or office buildings, $100.00, plus service - per unit 10.00 Industrial or commercial buildings that employ electricians for maintenance or repair per year 100.00 On motion of Marvin M. Rosenthal it was voted that Article 27 be indefinitely postponed. ARTICLE 28. To see if the Town will vote to delete the fee schedule following the words receipt of' the permit of Section 104.5 of' the Building Code of' Reading and substitute the following or take any action with respect thereto: Adjourned Annual Town Meeting New Dwelling $35.00 min. 1 %z stories (expansion cape, split level, 3/1000 Additions & Alterations 10.00 min. 2 story garrison, straight Colonial, etc. 3/1000 Garages - Residential 1 car 15.00 2 car 20.00 3 car 25.00 Commercial Building, alteration or addition 35.00 min. Double 3/1000 Industrial 35.00 min. Commercial & Industrial buildings 3/1000 Signs 10.00 min. 3/1000 Swimming Pools 15.00 min. 3/1000 Accessory building, tool sheds, temporary build. 10.00 min. 3/1000 Foundation permit (if needed) 35.00 Razing Permit (Residential) 10.00 min. 3/1000 (Commercial) 35.00 min. 3/1000 Move Building 35.00 INDEX FOR FIGURING VALUATIONS 1 Story dwelling $35.00 /sq. ft. 1 %z stories (expansion cape, split level, split entrance) 40.00 /sq. ft. 2 story garrison, straight Colonial, etc. 50.00 /sq. ft. Basement garage Single add 1000.00 Double 1500.00 Attached or Detached Garage Single add 4500.00 Double 6500.00 Triple 7500.00 Commercial & Industrial buildings 40.00 /sq.ft. Apartment Buildings 25,000.00 per unit June 7, 197* 67 On motion of'Marvin M. Rosenthal it was voted that Article 28 be indefinitely postponed. On motion of George A.Theophanis it was voted to lay Article 29 on the table. On motion of'George A. Theophanis it was voted to take Article 2 from the table. ARTICLE 2. The following report was read by George A.Theophanis, Chairman of the By -Law Committee. The By -Law Committee has considered and made recommendations on seven warrant articles. Two articles were placed on the warrant by the By -Law Committee in response to instructional motions of the last Subsequent Town Meeting. The Committee acted on a third instructional motion by investigating the need for a by -law requiring the Board of Selectmen to submit copies of the warrant to all boards, committees, commissions and officials immediately after closing of a warrant. A survey of such town bodies revealed no special need for such a by -law other than for those bodies required by law to make recommendations on warrant articles. The present by -laws already require that the latter bodies so receive copies of the warrant. No further action was taken on this motion. This report was accepted as a report of progress. On motion of George A. Theophanis it was voted to lay Article 2 on the table. ARTICLE 29. On motion of' James J. Sullivan, Jr. it was voted that the Town amend Section 1 of Article XXII of the General By -Laws by deleting the last sentence in its entirety and substituting therefor the following: "The owner or keeper of any such dog that is not so restrained shall be punishable by a warning or fine as follows: A warning from the Dog Officer for the first offense within a calendar year, Twenty Dollars ($20.00) for the second offense within a calendar year, Thirty Dollars ($30.00) for the third offense within a calendar year and Fifty Dollars ($50.00) for each subsequent offense within a calendar year. The Dog Officer shall enforce this By -Law in the first instance by giving a warning or written notice to the person complained against setting 168 Adjourned Annual Town Meeting June 7, 1979 forth the offense, the amount of any fine and indicating that it can be paid within ten (10) days to the Dog Officer. In the event a fine is not paid within ten (10) days then the Dog Officer shall bring a complaint in the District Court pursuant to Sections 173A and 174 of Chapter 140 of the General Laws,or any act in replacement thereof or amendment thereto, and notwith- standing the provisions of said Section 173A the schedule of fines shall be that set forth in this By -Law." ARTICLE 30. On motion of James J. Sullivan, Jr. it was voted that the Town amend the first sentence of Section 4 of Article XXII of the General By -Laws by deleting 11$2.00" and substituting therefor $4.50. On motion of James J. Sullivan, Jr. it was voted to lay Article 31 on the table. On motion of Malcolm E. Reed it was voted to lay Article 33 on the table. On motion of Malcolm E.Reed it was voted to take Article 2 from the table. ARTICLE 2. The following report was read by Malcolm E. Reed, Chairman of the Treasurer's Study Committee. TREASURER'S STUDY COMMITTEE May, 1979 This committee originated from a motion made by Joyce K. Miller under Article 2 of the subsequent Town Meeting of November 17, 1977. The Treasurer's Study Committee was thus appointed shortly after Town Meeting had voted to authorize the Town Treasurer, with the approval of the Board of Selectmen, to appoint an Assistant Town Treasurer. The purpose of the committee is for studying and reviewing the office of Treasurer in the Town of Reading, its duties and functions, and to present the committee's findings and recommendations to Town Meeting. The committee consists of five town meeting members with one member from the Personnel Board. The committee met eight times, gathered information, studied the issues, and on May 1, 1978 presented a detailed report of its findings to Town Meeting. The conclusions and recommendations are summarized as follows: We recommend: 1. That the Treasurer's position be appointed rather than elected. 2. That the Treasurer be reviewed and appointed annually by a Treasurer's Appointment Committee. 3. That the Treasurer shall in writing appoint, with the approval of the Treasurer's Appointment Committee, an Assistant Treasurer. 4. That the Treasurer and Collector positions continue as separate part -time positions at this time. 5. That this Treasurer's Study Committee be allowed to remain in existence until we have had the opportunity to convey our proposed additions or amendments to the General By -Laws of' the Town to the By -Law Committee for review and to Reading Town Meeting for a vote. These were essentially the conclusions and recommendations of our May 1, 1978 Report. Further study and an additional six committee meetings, two of'which were with the By -Law Committee, made us aware of'the necessity to go to the General Court for a special act of the Legislature in order to permit Reading to appoint its Treasurer. Chapter 41, Sectionl of the General Laws provides for the election of a Town Treasurer except when other provision is made by law. Since Reading has not made other provision by law, this is the currently applicable enabling statute. The Town Clerk and the Town Counsel advise that we must petition the Legislature for the special act which would permit our Town Meeting to decide if we wish to appoint our Town Treasurer. Therefore we have prepared the article which you will soon vote on during this Town Meeting. Approval of Article 33 by Town Meeting and the subsequent passage of a Special Act by the Legislature will give us the opportunity for a greater degree of Home Rule. Town Meeting will be allowed to decide at a later time how and when it wishes to implement the appointment procedure by means of by -law additions or amendments. Assuming that Town Meeting will continue this committee in force, we will prepare articles for review by the By -Law Committee and for inclusion in a subsequent town meeting warrant. It is our intention to comprise the Appointment Committee of'five people actively participating in the management of' the Town's financial affairs. We recommend that the appointment committee consist of the Moderator and one representative of each of the following boards or committees: Adjourned Annual Town Meeting Selectmen School Committee Board of'Public Works Finance Committee 169 June 7, 1979 It is our opinion that this make -up will provide a representation of the Town's people who are most knowledgeable of' the Treasurer's performance and can best judge whether or not he or she is doing a satisfactory job. By voting favorable on Article 33 submitted by the Treasurer's Study Committee you will be taking only the first step towards the eventual possibility of having an appointed Treasurer. Assuming the General Court will vote favorably on the Town of Reading's petition, we will still have to take action at Town Meeting to implement the appointment procedure. Passage of the Special Act by the Legislature only gives us the legal option to decide if' we wish to appont our Treasurer and allows us to determine by by -law additions and changes how we wish to set up the appointment procedure. We want to inform you of'two of the principal reasons why we have recommended that the Treasurer be appointed by an Appointment Committee. 1. We stress that the state statutes do not require that an elected Town Treasurer must invest town funds. Since our recent Treasurer has invested town funds, which have produced hundreds of' thousands of dollars in interest each year, we believe it is prudent to take steps which will require that the Treasurer invest available town funds. 2. We also wish to point out that there is no legal way to prescribe any qualifications for an elected Treasurer. If we provide for an Appointment Committee to appoint the Treasurer, it will be possible for the Appointment Committee to determine qualifica- tions they wish to establish for the person to be selected for that position. These are the principal arguments which we present to you in favor of moving towards making the Treasurer's position an appointed one. We recommend you vote favorable on Article 33. Malcolm E.Reed, Chairman Carol A. Anderson, Secretary Vincent C.Connors Bayard R. Lincoln Catherine A.Quimby This report was received as a report of ' progress. On motion of James J. Sullivan, Jr. it was voted to lay Article 2 on the table. On motion of " Malcolm E. Reed it was voted to take Article 33 f rom the table. ARTICLE 33. Malcolm E. Reed moved that the Town Meeting vote to authorize the Town's Representative to the General Court f rom the 21 st Middlesex District to petition the General Court for a special act authorizing the Town to appoint a Town Treasurer annually for a term of one year, notwithstanding the provisions of'General Laws Chapter 41, Section 1 or any other General Law or Special Law to the contrary, and to provide that the procedure for appointment of'such Town Treasurer shall be established in a General By -Law of the Town to be adopted or amended by a Town Meeting. This motion did not pass. ARTICLE 34. To see if the Town will vote to authorize the Board of Selectmen to petition and /or approve the filing of a petition to the General Court for a special act authorizing the Town to rescind its acceptance of Section 42 of Chapter 48 of'the General S Laws or corresponding provisions of earlier laws and to authorize the Town to accept the provisions of' Section 42A of Chapter 48 of the General Laws and to authorize that the position of Fire Chief be subject to the civil service law, General Laws Chapter 31, or take any other action with respect thereto. On motion of'James J. Sullivan, Jr. it was voted to lay Article 34 on the table. ARTICLE 35. On motion of James J. Sullivan, Jr. as amended by Beverly B. Seavey and George A. Theophanis it was voted that the Town amend Article I and III of the General By -Laws as follows: 170 Adjourned Annual Town Meeting Amend Article I as follows: June 7, 1979 1. Delete Section 1 and replace with a new Section 1 which reads: "The Annual Town Meeting shall be held on the third Monday preceding the second Monday in April each year for the election of officers and for such other matters as required by law to be determined by ballot." 2. Section 2 -- delete the words "third Monday in March" and replace with the words "Second Monday in April" so that the first sentence of' Section 2 shall read: "All business of the Annual Town Meeting except election of such officers and the determination of' such matters as required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting to be held at 8:00 P.M. on the second Monday in April except if this day shall fall on a legal holiday, in which case the meeting shall be held on the following day, or at a further adjournment thereof." Amend Article III as follows: 1. Section 10 -- change the words "fifteenth day of November" appearing in the first and third sentences to the words "thirty -first day of December" so that the first sentence shall read: "The various Town Boards, Officers and Committees charged with the expenditure of'Town money shall, not later than the thirty -first of December of each year prepare detailed estimates of the amounts deemed by them necessary for the administration of' their respective Offices of Departments for the ensuing fiscal year with explanatory statements of the reason for any substantial changes in the amounts appropriated for the same purpose in the preceding year;" and that the third sentence shall read: "Such estimates and statements shall be filed by said thirty -first day of December with the Town Accountant who shall immediately deliver copies of the same to the Finance Committee." ARTICLE 36. George A. Theophanis moved that the Town of Reading vote to amend Articles I and III of the General By -Laws as follows: Amend Article I as follows: -00 1. Section 2 -- Replace the word "November" with the word "October" so that the second sentence of'Section 2 reads: A Subsequent Town Meeting shall be held on the second Monday in October to consider and act on all business as may properly come before it, except the adoption of' the annual operating budget, except if this day shall fall on a legal holiday, in which case the meeting shall be held on the following day. woo 2. Section 7 — Delete the second sentence and substitute a new sentence which reads: All articles for the Subsequent Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 P.M. on the seventh Monday preceding the Subsequent Town Meeting in which action is to be taken. Amend Article III as follows: 1. Section 7 -- Delete the first sentence and substitute a new sentence which reads: The Finance Committee shall make a written recommendation on all Articles that it has considered, and the Town Clerk shall mail said written recommendations to each Town Meeting Member at least seven (7) days prior to the first adjournment of the Annual Town Meeting and the first session of the Subsequent Town Meeting, and four (4) days in advance of any Special Town Meeting. 2. Section 11 -- Replace the word "November" with the word "Subsequent" so that the first sentence in Section 11 reads: The Finance Committee shall present to each Subsequent Town Meeting a five year Capital Outlay Plan to be adopted by Town Meeting with or without amendment. On motion of Donald E. Trudeau it was voted that Article 36 be indefinitely postponed. On motion of'James J. Sullivan, Jr. it was voted that this meeting stand adjourned to meet at 8:00 P. M. on Monday, June 11, 1979, in the Reading Memorial High School auditorium. Meeting adjourned at 10:55 P. M. 150 Town Meeting members were present. A true copy. Attest: Lawrence Drew Town Clerk