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HomeMy WebLinkAbout1980-04-17 Special Town Meeting Minutes226 ADJOURNED ANNUAL TOWN MEETING W. S. Parker Junior High School Auuitorium April 17, 1980 The meeting was called to order by the Moderator, John W. Faria, at 8:00 P.M. On motion of Maureen T. O'Brien it was voted that this meeting stand adjourned until after the Special Town Meeting scheduled for this time is adjourned Sine Die or 8:00 P.M., April 22, 1980 at the Reading Memorial High School, whichever comes sooner. Meeting adjourned at 8:03 P.M. SPECIAL TOWN MEETING W. S. Parker Junior High School Auditorium April 17, 1980 The meeting was called to order by the Moderator, John W. Faria, at 8:05 P.M. The Warrant was partially read by the Town Clerk, when on motion of Maureen T. O'Brien it was voted to dispense with further reading of the Warrant except the Officer's Return which was then read by the Town Clerk. The invocation was given by the Rev. Frederick E. Emrich of the Church of the Good Shepherd, followed by the Pledge of Allegiance to the Flag. ARTICLE 1. The following report of the FINANCE COMMITTEE, presented by Mary S. Ziegler, was accepted as a report of progress. This Special Town Meeting was called primarily to fund the increase in the Blue Cross /Blue Shield rate increase and to take care of other short falls in the FY80 budgets since the Finance Committee Reserve fund was low. At the time this Blue Cross /Blue Shield rate increase was made known such a payment would have left $30,000 in the Reserve Fund, a figure too low with over four months left in the fiscal year and no oil, gas or electricity transfers made yet. With the transfers made since that time we would be at the $5,000 - $6,000 level today if we had made the Blue Cross /Blue Shield transfer and we would not have been able to have met other energy related transfers that are on the Special Town Meeting Warrant. The police gasoline, energy related costs for buildings, telephone costs and police and fire indemnification transfers were presented to the Finance Committee, but we asked that they be held until this Special Town Meeting as there seemed to be sufficient monies in these accounts to last until late April. The Reserve Fund has a balance of $28,900 in it. Right now I know of several departments that might need transfers before the end of the year totalling at maximum $11,000. It was mentioned that perhaps the Reserve Fund could be beefed up at this Special Town Meeting. I'm afraid that can't be done. As part of the definitions on page 2 of our Annual Town Meeting warrant report - -The Reserve Fund - -This fund is established at an Annual Town Meeting only... The free cash used in the motions of the Special Town Meeting tonight will not decrease the $616,000 figure of free cash listed in the supplement of Annual Town Meeting. The $616,000 is what is left of the money certified last fall by the Department of Revenue after the Finance Committee's recommendations were deducted. On motion of Maureen T. O'Brien it was voted to lay Article 1 on the table. On motion of Maureen T. O'Brien it was voted to lay Article 2 on the table. ARTICLE 3. On motion of Marvin M. Rosenthal as amended by Barry J. Mitchel it was voted that the sum of Seven Thousand Three Hundred Dollars ($7,300) be raised from free cash and appropriated for the purpose of hiring an energy consultant to determine what energy conservation methods and procedures can be implemented for buildings under the Bui'ding Maintenance Department, Board of Public Works, and Library Trustees, said sums to be expended under the direction of the Board of Selectmen. ARTICLE 4. On motion of Maureen T. O'Brien it was voted that the sum of Seven Thousand Two Hundred Dollars ($7,200) be raised from free cash and appropriated for energy expenses under the Building Maintenance Department to be spent under the direction of the Selectmen. 1 227 Special Town Meeting April 17, 1980 ARTICLE 5. On motion of John W. Price it was voted that the sum of Six Thousand Five Hundred Dollars ($6,500) be raised from free cash and appropriated for gasoline for the Police Department, said sum to be expended under the direction of the Board of Selectmen. ARTICLE 6. On motion of Eugene R. Nigro it was voted that Article 6 be indefinitely postponed. ARTICLE 7. On motion of Eugene R. Nigro it was voted that Article 7 be indefinitely postponed. ARTICLE 8. On motion of Eugene R. Nigro it was voted that Article 8 be indefinitely postponed. ARTICLE 9. On motion of Eugene R. Nigro it was voted that the sum of Six Thousand Six Hundred Fifty -Two Dollars ($6,652) be transferred from free cash and appropriated for the purpose of paying for the repair of the damages caused by a car crashing into a classroom at the Reading Memorial High School. Such sum to be expended by the School Committee. ARTICLE 10. On motion of John W. Price it was voted that the sum of Ten Thousand Dollars ($10,000) be raised from free cash and appropriated for Police and Fire Indemnification, said sum to be expended under the direction of the Board of Selectmen. ARTICLE 11. On motion of Maureen T. O'Brien it was voted that the sum of Two Thousand Nine Hundred Seventy -Three Dollars ($2,973) be transferred from the Municipal Light Operating and Maintenance Account, and that the sum of Twenty -Two Thousand Nine Hundred Fifty -Seven Dollars be transferred from Free Cash, and that said sum totalling Twenty -Five Thousand Nine Hundred Thirty Dollars ($25,930) be appropriated for paying the Town's Share of the increased Premium in Group Insurance for the remainder of Fiscal 1980. ARTICLE 12. On motion of Mary S. Ziegler it was voted that Article 12 be indefinitely postponed. ARTICLE 13. On motion of Mary S. Ziegler it was voted that the sum of Twelve Thousand Dollars ($12,000) be transferred from the Cemetery Sale of Lots Fund into the Cemetery Development Fund for the purpose of meeting wall construction costs at Charles Street. ARTICLE 14. On motion of John W. MacDonnell it was voted that the Town establish the position of Secretary as listed under Article XXIV of the By -Laws of the Town, Schedule A, Clerical Class Grade 5, under the Council on Aging. ARTICLE 15. On motion of Bayard R. Lincoln it was voted that the Town amend Article XXIV of the By -Laws of the Town, Section 4 (B) under Administration of Compensation Plan, sub - section 3, Starting Pay Rates, paragraph B, by deleting the first sentence which reads as follows: "A manager may approve a starting salary up to the mid -point of the applicable salary range." and substituting the following: "A manager may approve a starting salary up to the quarter point of the applicable salary range." ARTICLE 16. On motion of John Zorabedian, Jr. it was voted to lay Article 16 on the table. ARTICLE 1. On motion of John Zorabedian, Jr. it was voted to take Article 1 from the table. ARTICLE 1. The following report of the PLANNING BOARD , presented by John Zorabedian, Jr., was accepted as a report of progress. Pursuant to Section 5, Chapter 40A of the General Laws, Commonwealth of Masschusetts, the Reading Planning Board conducted a duly advertised public hearing on April 10, 1980 at 8:00 P.M. in the Community Center Auditorium, 52 Sanborn Street. The subject of the hearing was proposed zoning by -law amendments which constitute Article 16 on the Special Town Meeting Warrant. To wit, the addition of the following as Paragraph 4.3.2.4b and 4.3.2.4c: 22° Special Town Meeting April 17, 1980 4.3.2.4. b) Garaging and /or regularly parking of commercial vehicles in excess of ten thousand (10,000) pounds registered gross vehicle weight shall not be allowed on or adjacent to a residential lot in any S -10, S -20 or S -40 District. c) In any 5 -10, S -20 or S -40 District, garaging and /or regularly parking of not more than one (1) commercial vehicle of up to ten thousand (10,000) pounds registered gross vehicle weight shall be allowed on or adjacent to any residential lot. Approximately 150 citizens were in attendance. Their participation was lively, their inputs well- informed, and their expressions of concern well taken. The decision to place these proposed amendments before the Town was prompted by recent incidents in the Van Norden Road neighborhood. In that case, the operation of heavy commercial equipment in a residential area was a source of great distress to local residents. A previous attempt to regulate commercial vehicles in residential districts occurred during the Special Town Meeting of February 1978, wherein Article 15 sought to restrict such vehicles to one ton capacity. Limited protection under present By -Laws is afforded by Section 4.3.1.2 (Principal Uses) "...no use... permitted which is offensive... ", and Section 4.3.2.1 (Accessory Uses) "...no accessory use—permitted which alters the character... I. Concerns cited by citizens opposed to passage of this By -Law amendment A. Ambiguity of the language, especially the prohibition of parking "adjacent to a residential lot ". No clear guarantee that this wouldn't apply to businesses that abut residential district. B. Potential confusion /controversy "Regularly parking" C. Problems of enforcement D. Automatic non - conforming status for undetermined but doubtless large number of citizens. Subsequent problems of interpretation and enforcement if they wish to increase size or number of vehicles. E. Confusion as to status of citizens with legal variances,orwho engage in principal or accessory uses specifically allowed by the By -Laws (or who retain vehicle for emergency service calls) F. Currently adequate protection if seek redress in court II. Concerns of citizens favoring passage of this type of By -Law amendment A. Present By -Laws inadequate B. Can't depend upon people to be good neighbors C. Satisfaction not guaranteed in court D. Safety aspect. III. General consensus of meeting A. Postpone action so as to resolve ambiguities and receive additional citizen input B. Investigate such devices as truck exclusions C. Include "Statement of Intent" D. Consideration for economic impact of small businessmen and service workers who would have to pay for garaging trucks Town Counsel Legal Opinion Article 16 Interpretation of "Adjacent to" not ambiguous (parking in street in front of residential lot). Doesn't pertain to business districts. Ditto "Regularly parking ". Building Inspector would use common sense in enforcement. 22: Special Town Meeting April 17, 1980 Non- conforming status would not be automatically granted as garaging or parking of commercial vehicle in residential district not valid accessory use. State statute pertaining to non - conforming says shall be acquired where new law prohibits previously lawful use. Commercial vehicles not explicitly allowed; in fact, implicitly disallowed. No Massachusetts precedent. Only known case was in New York where Court ruled above conditions did not constitute non- conforming status. Accepting the validity of the above citizen concerns, the Planning Board voted unanimously to recommend indefinite postponement. %mm On motion of John Zorabedian, Jr. it was voted to lay Article 1 on the table. too On motion of John Zorabedian, Jr. it was voted to take Article 16 from the table. ARTICLE 16. On motion of John Zorabedian, Jr. it was voted that Article 16 be indefinitely postponed. ARTICLE 17. On motion of Maureen T. O'Brien it was voted that the sum of Two Thousand Dollars ($2,000) be raised from free cash and appropriated for telephone expenses under the Selectmen's budget, said sum to be spent under the direction of the Board of Selectmen. ARTICLE 18. On motion of Eugene R. Nigro it was voted that Article 18 be indefinitely postponed. ARTICLE 19. On motion of Mary S. Ziegler it was voted that the Town increase the appropriations limit established by Chapter 151 of the Acts of 1979 by $73,846 so that the appropriations limit as so increased will be $15,867,842. Die. On motion of Maureen T. O'Brien it was voted that this meeting stand adjourned, Sine Meeting adjourned at 10:18 P.M. A true copy. Attest: Lawrence Drew Town Clerk Adjourned Annual Town Meeting April 17, 1980 The meeting was reconvened by the Moderator, John W. Faria, at 10:20 P.M. ARTICLE 15 (30 -31). On motion of John Zorabedian, Jr. it was voted that the sum of Six Thousand One Hundred Sixty -Four Dollars ($6,164) be raised from the tax levy and appropriated to the Planning Board as follows: Salaries $ 4,959. Expenses 1,205. ARTICLE 15 (37 -38). On motion of Maureen T. O'Brien it was voted that the sum of Forty -Seven Thousand Dollars ($47,000) be raised from the tax levy and appropriated to the Law Committee as follows, each item being considered a separate appropriation: Legal Services (Fees) $45,000. Legal Services (Expense) 2,000. On motion of William C. Brown it was voted to lay Article 15 on the table. On motion of William C. Brown it was voted to take up Article 46 in advance. ARTICLE 46. On motion of William C. Brown as amended by Marvin M. Rosenthal it was voted that the Board of Selectmen be and hereby are authorized and instructed to sell at public auction land and building now or formerly known as the Prospect Street School. Said auction to be held on or before December 30, 1980, a minimum bid of Sixty Thousand Dollars ($60,000) shall be set, and the sum of One Hundred Dollars ($100) be raised and appropriated to carry out the purpose of this vote. 69 voted in the affirmative 55 voted in the negative