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HomeMy WebLinkAbout1984-03-19 Town Warrant204 TOWN WARRANT (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To either of the constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet in the following places designated for the eight precincts in said Town, namely: Precinct 1. J. Warren Killam School Precinct 2. J. Warren Killam School Precinct 3. Joshua Eaton School Precinct 4. Joshua Eaton School Precinct 5. Alice M. Barrows School Precinct 6. Alice M. Barrows School Precinct 7. Birch Meadow School Precinct 8. Birch Meadow School on MONDAY, the NINETEENTH DAY OF MARCH A.D., 1984 at seven o'clock in the forenoon to act on the following articles, viz; ARTICLE 1. To elect by ballot the following Town Officers: a Moderator for one year; a Town Clerk for three years; two members of the Board of Selectmen for three years; one member of the Board of Assessors for three years; one member of the Municipal Light Board for three years; two members of the Board of Library Trustees for three years; two Constables for three years; two members of the Board of Cemetery Trustees for three years; two members of the Board of Cemetery Trustees for one year; one member of the Planning Board for three years; two members of the Board of Public Works for three years; one member of the Board of Public Works for two years; two members of the School Committee for three years; one member of the School Committee for one year; one member of the Board of Health for three years; one member of the Housing Authority for five years; one member of the Housing Authority for two years. Also, in accordance with the provisions of Chapter 7, Acts of 1943, as amended by Chapter 317, Acts of 1975, in each of the eight precincts, the number of Town Meeting members, as hereinafter specified. Precinct 1. Eight members for three years; Precinct 2. Eight members for three years; Precinct 3. Eight members for three years. Precinct 4. Eight members for three years. Precinct 5. Eight members for three years; Precinct 6. Eight members for three years. Precinct 7. Eight members for three years; Precinct 8. Eight members for three years; one member for one year to fill vacancy. one member for one year to fill vacancy. one member for one year to fill vacancy. one member for one year to fill vacancy. one member for one year to fill vacancy. For these purposes the polls will be opened at each of the eight precincts at seven o'clock A.M. and will close at eight o'clock P.M. on and to meet at the Memorial High School Auditorium, 62 Oakland Road in said Reading MONDAY, the NINTH DAY of APRIL A.D. 1984 at seven thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of Chapter 7 of the Acts of 1943 as amended by Chapter 317, Acts of 1975. ARTICLE 2. To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer, Collector of Taxes, Board of Assessors, Board of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Planning Board, and any other Boards or Special Committees. Board of Selectmen ARTICLE 3. To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees. Board of Selectmen 205 Town Warrant March, 1984 ARTICLE 4. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the care and lighting of the Old South Clock or take any other action with respect thereto. Board of Selectmen ARTICLE 5. To see if the Town will vote to amend Article 1, Sections 2 and 4 of the General By -Laws of the Town by deleting the time of 17:30 P.M." wherever it appears and substituting therefor "8:00 P.M." so that Sections 2 and 4 shall read as follows, or take any other action with respect thereto: "Section 2. All business of the Annual Town Meeting, except the 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. A subsequent Town Meeting shall be held on the second Monday in November 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." "Section 4. Adjourned sessions of every Annual Town Meeting, after the first adjourned session provided for in Section 2 of this Article, and all sessions of every subsequent Town Meeting, shall be held on the following Thursday at 8:00 P.M. and then on the following Monday at 8:00 P.M. and on consecutive Mondays and Thursdays unless a resolution to adjourn to another time is adopted by a majority vote of the Town Meeting Members present and voting." Board of Selectmen ARTICLE 6. To see if the Town will vote to add to its By -Laws under Article XXI the following as being Section 7. Sec. 7 -84. As used in this section, "smoking" means the lighting of or the having in one's possession of any lighted cigar, cigarette, pipe or other tobacco product. As used in this section, "restaurant" means a restaurant with a seating capacity of twenty -five (25) or more persons. No person shall smoke in any restaurant except in specifically designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and not by the proprietor or person in charge of the restaurant. Smoking areas may be designated by the proprietors or other person in charge of a restaurant, except in places in which smoking is prohibited by the fire marshal or by other law or regulation. Smoking areas designated so shall comprise no more than seventy -five (75) percent of the seating capacity of the restaurant. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no- smoking areas. In the case of restaurants consisting of a single room, the provisions of this section shall be considered met if one side of the room is reserved and comprises no less than twenty -five (25) per cent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no- smoking areas of the restaurant by (a) posting appropriate signs; (b) arranging seating to provide a smoke -free area; (c) asking smokers to refrain from smoking upon request of a client, patron or employee suffering discomfort from the smoke; or (d) any other means which may be appropriate. Any person who smokes in a no- smoking area shall be subject to a fine of not less than ten (10) nor more than thirty (30) dollars for each offense. The Board of Health or any person(s) aggrieved by the willful failure of the proprietor or other person in charge of a restaurant to comply with any provision of this section may apply for injunctive relief to enforce the provisions of this section in any court of competent jurisdiction. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. If any provision of this section is declared invalid or unenforceable, the other provisions shall not be affected thereby. By Petition 2®6 Town Warrant March, 1984 ARTICLE 7. To see if the Town will vote to accept the provisions of General Laws Chapter 48, Section 42A relating to the establishment of a Fire Department under the direction of the Selectmen, which acceptance pursuant to Chapter 362 of the Acts of 1983 will be deemed to rescind the Town's 1929 acceptance of General Laws Chapter 48, Section 42, or take any other action with respect thereto. Board of Selectmen ARTICLE 8. To see if the Town will vote to amend the vote passed under Article 4 at a Special Town Meeting held on June 23, 1966 by striking the following: "all veterans who served in the Armed Forces of the United States in time of war or insurrection and who have been honorably discharged from such service." and substituting the following: "all persons who died while on active duty in the Armed Forces of the United States and veterans who had served in active duty in the Armed Forces of the United States and have been honorable discharged." so that said vote shall read as follows: "VOTED that the Cemetery Trustees be, and they hereby are, authorized and empowered to provide an additional plot of ground in the Charles Street Cemetery as they may determine is suitable for burial to all persons who died while on active duty in the Armed Forces of the United States and veterans who had served in active duty in the Armed Forces of the United States and have been honorably discharged, the custody of such plot to be in the Custodian of Soldiers' and Sailors' Graves, and that the control of the plot set aside, in conformance with the vote under Article 6 in the Special Town Meeting of November 30, 1936, be transferred from Reading Post 62 of the American Legion to the Custodian of Soldiers' and Sailors' Graves." or take any other action with respect thereto. Board of Cemetery Trustees ARTICLE 9. To see if the Town will vote to amend "Schedule A - Classification Plan" of Article XXIV of the By -Laws of the Town of Reading by adding in Grade 6, the Position Title: "Fire Department Dispatcher" or what it will do in relation thereto. Personnel Board ARTICLE 10. To see if the Town will vote to amend "Schedule B - Compensation Plan" of Article XXIV of the By -Laws of the Town of Reading by increasing the existing pay ranges in the Compensation Plan by a certain percentage to be determined by Town Meeting, or what it will do in relation thereto. Personnel Board ARTICLE 11. 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 Board of Public Works of the Town of Reading, or its designated representative or representatives, to act as "Employer" or "Public Employer" and represent the Town for all purposes of collective bargaining under G.L. C. 150E, or otherwise, with all employees and /or bargaining units under the exclusive jurisdiction of the Board of Public Works and /or the Board of Cemetery Trustees notwithstanding any provision of G.L. C. 150E, any other general or special law or any provision of the general By -Laws of the Town of Reading to the contrary, or take any other action with respect thereto. Board of Public Works ARTICLE 12. To see if the Town will vote to amend the Capital Outlay Plan as provided for in Article III, Section 11 of the By -Laws of the Town as adopted at the subsequent Town Meeting of November 1983 or take any other action with respect thereto. Finance Committee ARTICLE 13. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning July 1, 1984, in accordance with the provisions of the General Laws, Chapter 44, Section 4 and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with the General Laws, Chapter 44, Section 17, or take any other action with respect thereto. Treasurer ARTICLE 14. To see if the Town will vote to authorize the payment during Fiscal Year 1985 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen 907 Town Warrant March, 1984 ARTICLE 15. To see if the Town will vote to increase the weekly hours of the Clerk position in the Conservation Commission office to thirty hours per week or some other amount, or take any other action with respect thereto. Conservation Commission ARTICLE 16. To determine how much money the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen ARTICLE 17. To see if the Town will vote to amend the By -Laws of the Town of .r.. Reading by deleting the first paragraph of Section 4, Article XXII in its entirety and substituting in its place the following, or take any other action with respect thereto: Section 4. The owner or keeper of any licensed or unlicensed dog confined as provided for in this Article may reclaim such dog upon payment of the costs and charges incurred by the Town for such apprehension and confinement and care of such dog, said charges to be $20.00 for the apprehension of such dog, plus care charges of $10.00 for each full or partial day of confinement in a pound owned or leased by, or under the control of the Town or the Dog Officer. Board of Selectmen ARTICLE 18. To see if the Town will vote to petition and /or approve the filing of a petition to the Mass. General Court for special legislation relative to the licensing and keeping of dogs in the Town of Reading, as follows, or take any other action with respect thereto: AN ACT RELATIVE TO LICENSING AND KEEPING OF DOGS IN THE TOWN OF READING. Be it enacted, etc., as follows: SECTION 1. Notwithstanding the provisions of section one hundred and thirty -nine of chapter one hundred and forty of the General Laws or any other provision of law to the contrary, the annual fees to be charged by the Town of Reading for the issuance of licenses for dogs shall be as follows: unspayed females, seven dollars, spayed females and males, four dollars. SECTION 2. Notwithstanding the provisions of section one hundred and forty -seven of said chapter one hundred and forty or any other provision of law to the contrary, all money received for licenses or from the sale of dog licenses by the Town of Reading, or recovered as fines or penalties by said Town under the provisions of said chapter one hundred and forty relating to dogs, shall be paid into the Town treasury of said Town and shall not thereafter be paid over to the county of Middlesex. SECTION 3. Notwithstanding the provisions of section one hundred and thirty -seven of chapter one hundred and forty or any other provision of law to the contrary, the registration, numeral listing, description and licensing of dogs, if kept in said Town, shall be conducted by the Town Clerk of said Town. Board of Selectmen ARTICLE 19. The Board of Selectmen be instructed to employ a full -time Dog Officer for the Town of Reading for the purpose of enforcing provisions of Article XXII of the Town of Reading By -Laws and that adequate funding be appropriated for this purpose. By Petition ARTICLE 20. To see what sum the Town will vote to raise from the tax levy, or by borrowing, or transfer from available funds, or otherwise, and appropriate to the Conservation Commission for the Town's participation in the State Water Conservation Grant Program (C.24, Acts of 1982), or take any other action with respect thereto. Conservation Commission ARTICLE 21. To see if the Town will vote to authorize the Selectmen to sell or exchange or dispose of upon such terms and conditions as they may determine, three cars in ■am the use of the Police Department, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purchase of three new cars for the Police Department, or take any other action with respect thereto. Board of Selectmen ARTICLE 22. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purchase of uniforms for members of the Police Department, or take any other action with respect thereto. Board of Selectmen 208 Town Warrant March, 1984 ARTICLE 23. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of buying and installing an electric generator to supply emergency power at the Police Station, or take any other action with respect thereto. Board of Selectmen ARTICLE 24. To see if the Town will vote to authorize the Selectmen to sell or exchange or dispose of upon such terms and conditions as they may determine, certain radio equipment in use of the Police Department, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purchase and installation of a radio base station, radio repeaters and other related equipment for the Police Department, or take any other action with respect thereto. Board of Selectmen ARTICLE 25. To see what sum the Town will raise by borrowing or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of installing air conditioning in the central dispatch room and clerical room of the Police Station, or take any other action with respect thereto. Board of Selectmen ARTICLE 26. To see if the Town will authorize the Selectmen to sell or exchange or dispose of upon such terms and conditions as they may determine, one car in the use of the Fire Department, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purchase of a new car for the Fire Department, or take any other action with respect thereto. Board of Selectmen ARTICLE 27. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purchase of uniforms for members of the Fire Department, or take any other action with respect thereto. Board of Selectmen ARTICLE 28. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate to the Fire Department for the purpose of replenishing its foam bank with fire fighting foam, or take any other action with respect thereto. now Board of Selectmen ARTICLE 29. To see if the Town will establish a Fire Station Building Committee with a liaison from the Finance Committee to be appointed by the Board of Selectmen for the purpose of determining Fire Department space needs and space problems and reporting back to Town Meeting solutions to these problems and needs together with costs for implementing these solutions, and to see what sum the town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of hiring consulting engineers, providing for architectural services, plans and surveys and other expenses necessary to accomplish said Committee's purposes, said sum to be expended under the direction of said Committee, or take any other action with respect thereto. Board of Selectmen ARTICLE 30. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purchase of protective clothing for members of the Auxiliary Fire Service, or take any other action with respect thereto. Board of Selectmen ARTICLE 31. To see what sum the Town will raise from the tax levy, or by borrowing, or transfer from available funds, or otherwise, and appropriate for Police and Fire Indemnification, or take any other action with respect thereto. Board of Selectmen ARTICLE 32. To see what sums the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for purpose of replacing the roof at the Arthur W. Coolidge Junior High School, 89 Birch Meadow Drive, Reading, Massachusetts; such appropriations to include all engineering fees and preparation costs required to complete the purpose of this article; all monies to be expended under the direction of the Reading School Committee, or take any other action with respect thereto. Reading Public Schools Town Warrant March, 1984 209 ARTICLE 33. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate to the Board of Selectmen for the purpose of hiring consulting engineers to make the required studies and design work and whatever else is necessary to upgrade, renovate or replace the existing traffic light system in the Reading Square area, or take any other action with respect thereto. Board of Selectmen ARTICLE 34. To see if the Town will authorize the Board of Cemetery Trustees to sell or exchange, or otherwise dispose of, upon such terms and conditions as they may determine, one (1) 1957 air compressor, and to see what sum the Town will raise from the ftm tax levy or transfer from available funds, or otherwise, and appropriate for the purpose of purchasing one (1) new air compressor to be used by the Board of Cemetery Trustees, or take any other action with respect thereto. Board of Cemetery Trustees ARTICLE 35. To see what sum the Town will vote to raise from the tax levy, or by borrowing, or transfer from available funds, or otherwise, and appropriate to the Board of Assessors, for the purpose of publishing for general circulation, its January 1, 1984 Valuation Lists for Real Estate, in compliance with Article XIII, Section 4 of the Town By -Laws, or take any other action with respect thereto. Board of Assessors ARTICLE 36. To see what sum the Town will vote to raise from the tax levy, or by borrowing, or transfer from available funds, or otherwise, and appropriate to the Board of Assessors, for the purpose of retaining professional appraisal services, or take any other action with respect thereto. Board of Assessors ARTICLE 37. To see what action the Town will take regarding the installation of additional street lights on the public streets during the Fiscal Year 1985, or what it will do in relation thereto. Municipal Light Board ARTICLE 38. To see whether the Town under and pursuant to authority granted in General Laws Chapter 40D, Section 21 (g), as amended, will authorize Board of Public Works .r to enter into one or more contracts with the operators of solid waste disposal facilities existing or to be established in the Town of North Andover, the City of Haverhill and /or the City of Saugus for the disposal of refuse, garbage and waste by the Town of Reading, and for the use of by- products or residue resulting from the operation of such facilities by the Town of Reading, or take any other action with respect thereto. Board of Public Works ARTICLE 39. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of completion of construction of a private way known as Hanscom Avenue extension, in accordance with the terms of certain performance bonds executed by Ernest G. Babcock to the benefit of the Town of Reading on September 12, 1983 pursuant to Massachusetts General Laws, Chapter 41, such funds to be spent by and under the direction of the Board of Public Works, or take any other action with respect thereto. Board of Public Works ARTICLE 40. To see if the Town will vote to accept the report of the Board of Public Works upon the laying out as a public way of the following private way known as Morgan Park under the provision of law authorizing the assessment of betterments, such highways being laid out in accordance with plans duly approved by the Board of Survey and filed in the office of the Town Clerk in accordance with the statutory requirements, and to see if the Town will vote to accept the public way laid out by the Board of Public Works as Morgan Park, and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the construction of said %as way, or take any other action with respect thereto. Board of Public Works ARTICLE 41. To see if the Town will vote to authorize the Board of Selectmen, upon the written request of the Board of Public Works to convey and /or abandon unto Domenick Zanni, Dorothy M. Zanni, William R. Zanni and Joseph A. Zanni a certain drainage easement in Reading, Middlesex County, Massachusetts, situated along the easterly side lotline of Lot 25 as shown on a plan entitled "Final Plan of Field Pond Acres, Reading, Mass." dated April 30, 1970, drawn by Dana F. Perkins & Sons, Inc., engineers, and recorded with Middlesex South District Registry of Deeds, Book 11859, Page 190, said easement having been granted to the Town of Reading by instrument entitled "Conveyance of Easements and Utilities," recorded at Middlesex South District Registry of Deeds, Book 12085, Page 188; and to see what minimum amount is to be paid to the Town for such conveyance or abandonment; and to see what else the Town will do relative thereto. Board of Public Works G10 Town Warrant March, 1984 ARTICLE 42. To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of developing plans for satisfying the Town's municipal space needs through renovating, modifying or adding to the Town Hall /Old Library Complex located on Lowell Street, said funds to be expended under the direction of the Municipal Space Building Committee, or take any other action with respect thereto. Municipal Space Building Committee ARTICLE 43. To see if the Town will vote to sell to Thomas L. McManus and Rose M. McManus the following described property, or take any other action with respect thereto: Beginning at a point 161.76 feet and bearing N. 35 degrees 29' 00" E. from the Northeasterly side line of John Street; THENCE running by land of the Town of Reading N. 35 degrees 29' 00" E. 252.43 feet to a point; THENCE running by said land of the Town of Reading S. 54 degrees 13' 32" E. 280.82 feet to a point; THENCE running by land of Thomas L. and Rose M. McManus S. 63 degrees 09' 48" W. 284.29 feet to a point; THENCE running by said land of Thomas L. and Rose M. McManus N. 54 degrees 13' 32" W. 128.76 feet to the point of beginning. Said parcel of land containing 49,169 square feet. By Petition ARTICLE 44. To see what sum the Town will raise by borrowing, from the tax levy, or transfer from available funds, or otherwise, and appropriate to a Special Town Pension Fund all in accordance with the provisions of General Laws Chapter 40, Section 5D, or take any other action with respect thereto. Treasurer ARTICLE 45. To see what sum the Town will vote to raise from the tax levy, borrow or transfer from available funds, or otherwise, and appropriate into the stabilization fund as authorized under G. L. Ch. 40, Sec. 5B, or take any other action with respect thereto. Finance Committee And you are directed to serve this Warrant by posting an attested copy thereof in at least three (3) public places in each precinct of the Town not less than fourteen (14) days prior to March 19, 1984, the date set for the meeting in said Warrant, and to publish this Warrant in a newspaper published in the Town or by mailing an attested copy of said Warrant to each Town Meeting Member at least fourteen (14) days prior to the time of holding said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 13th day of February, 1984. A true copy. Attest: John H. Russell Maureen T. O'Brien Paul C. Dustin Paul E. Landers Marvin M. Rosenthal SELECTMEN OF READING Lawrence Drew Town Clerk