HomeMy WebLinkAbout1988-11-17 Adjourned Subsequent Town Meeting Minutes264,
ADJOURNED SUBSEQUENT TOWN MEETING
Reading Memorial High School November 17, 1988
The meeting was called to order by the Moderator, Paul C.
Dustin, at 7:50 P.M., there being a quorum present.
The Invocation was given by Reverend James A. Cann, Jr. of
Old South United Methodist Church, followed by the Pledge of Al-
legiance to the Flag.
ARTICLE 12. On motion of Mary S. Ziegler, it was voted
that the Town appropriate from certified free cash to Public
Works Non-Personal Expenses the sum of $65,000 (Sixty-Five
Thousand Dollars).in order to fund the cleanup of the former
public works garage site.
ARTICLE 14. On motion of George V. Hines, it was voted
that the Town appropriate from certified free cash to Planning
Non-Personal Expenses the sum of $15,000 (Fifteen Thousand
Dollars) in order to fund consulting expenses.
ARTICLE 15. On motion of Mary S. Ziegler, it was voted that
the Town appropriate from certified free cash to Public Works -
Capital the sum of $1500 (One Thousand Five Hundred Dollars) in
order to fund the reconstruction and repairs to the Library Roof.
ARTICLE 16. On motion of Elizabeth W. Klepeis, it was
voted that the Town appropriate from certified free cash to Data
Processing-Capital the sum of $4,500 (Four Thousand Five Hundred
Dollars) in order to fund the purchase of a system disk and data
storage disk; and to authorize the Treasurer/Collector to dispose
of the existing system disk and/or data storage disk by sale,
trade, or otherwise and under such terms and conditions as she
may determine.
ARTICLE 17. On motion of Robert I. Nordstrand, it was voted
that the subject matter of Article 17 be indefinitely postponed.
ARTICLE 18. On motion of Carl H. Amon, it was voted that
the Town amend the Bylaws of the Town by adding the following Ar-
ticle XL:
"Article XL. Board of Cemetery Trustees. In accordance with the
provisions of General Laws Chapter 114, Section 23, the Board of
Cemetery Trustees shall have the power to make and amend such
rules and regulations, consistent with law, as it deems expedient
to the operation of the cemeteries under its jurisdiction without
the requirement that such rules, regulations or amendments be
subject to the approval of Town Meeting."
ARTICLE 19. On motion of Carl H. Amon, it was voted that
the subject matter of Article 19 be indefinitely postponed.
ARTICLE 20. On motion of Russell T. Graham, it was unani-
mously voted to establish a Steering Committee to make plans for
Reading's 350th Anniversary to be celebrated in 1994, such Com-
mittee to consist of nine (9) members, of which three (3) are to
be appointed by the Board of Selectmen, three (3) by the
Moderator, one (1) each by the Historical Commission, the An-
tiquarian Society and the School Committee, said Steering Com-
mittee to have authority to establish such other sub-committees
and non-profit corporate organizations as such Steering Com-
mittee shall consider necessary.
ARTICLE 21. On motion of Eugene R. Nigro, it was voted
that the Town amend the Bylaws of the Town by adding the follow-
ing as Article XXXIX:
265
Adjourned Subsequent Town Meeting November 17, 1988
"Article XXXIX. Noncriminal Disposition of Certain Viola-
tions of Bylaws and Rules and Regulations.
Section 1.
Pursuant to the authority of General Laws Chapter 40, Sec-
tion 21D to which reference is made for any procedural mat-
ters not specified herein, any Enforcing Person as defined
herein taking cognizance of a violation of a specific Town
Bylaw or rule or regulation of the Board of Health which he
or she is empowered to enforce may as an alternative to in-
itiating criminal proceedings give the offender a written
notice to appear before the clerk of the district court
having jurisdiction thereof at any time during office hours,
not later then twenty-one (21) days after the date of such
notice. Such notice shall be in triplicate and shall con-
tain the name and address, if known, of the offender, the
specific offense charged, and the time and place for his
required appearance. Such notice shall be signed by the En-
forcing Person, and shall be signed by the offender whenever
practicable in acknowledgment that such notice has been
received.
Section 2.
The Enforcing Person shall, if possible, deliver to the of-
fender a copy of said notice at the time and place of the
violation. If it is not possible to so deliver a copy of
said notice, said copy shall be mailed or delivered by the
Enforcing Person, or by his or her commanding officer or the
head of his or her department or by any person authorized by
such commanding officer, department or head to the
offender's last known address, within fifteen (15) days
after said violation. A certificate shall be made by the
person so mailing such notice that it has been mailed in ac-
cordance with this Bylaw and General Laws Chapter 40, Sec-
tion 21D.
Section 3.
Any person notified to appear before the clerk of a district
court as hereinbefore provided may so appear and confess the
offense charged, either personally or through 'a duly
authorized agent or by mailing to such clerk with the notice
such specific sum of money not exceeding three hundred
($300.00) dollars as the Town shall fix as penalty for
violation of the Bylaw, rule or regulation. Such payment
shall, if mailed, be made only by postal note, money order
or check. The payment to the clerk of such sum shall
operate as a final disposition of the case.
Section 4.
If any person so notified to appear desires to contest the
violation alleged in the notice to appear and also to avail
himself of the procedure established pursuant to this sec-
tion or General Laws Chapter 40, Section 21D, he may, within
twenty-one (21) days after the date of the notice, request a
hearing in writing. Such hearing shall be held before a
district court judge, clerk, or assistant clerk, as the
court shall direct, and if the judge, clerk, or assistant
clerk shall, after hearing, find that the violation occurred
and that it was committed by the person so notified to ap-
pear, the person so notified shall be permitted to dispose
of the case by paying the specific sum of money fixed as a
penalty as aforesaid or such lesser amount as the judge,
clerk, or assistant clerk shall order, which payment shall
operate as a final disposition of the case. If the judge,
clerk, or assistant clerk shall, after hearing, find that
the violation alleged did not occur or was not committed by
266
Adjourned Subsequent Town Meeting November 17, 1988
the person notified to appear, that finding shall be entered
in the docket, which shall operate as a final disposition of
the case.
Section 5.
For purposes of this Bylaw, "Enforcing Person" shall mean
any member of the Board Selectmen, any police officer of the
Town, the Health Director or his or her designee."
.
ARTICLE 22. On motion of Eugene R. Nigro, it was voted that
the Town amend the Bylaws of the Town by deleting in Article
XVIII, Section '2 relating to the licensing of laundromats the
phrases: "April 1st" and "March 31st" and substituting therefor
respectively the phrases: "January 1st" and "December 31st."
ARTICLE 23. On motion of Mary S. Ziegler, it was voted
that the Town amend Article XVII of the Bylaws of the Town by
deleting the schedule of fees set forth in Section 7 thereof in
its entirety, and substituting therefor the following schedule
of fees, all as authorized by G.L.C. 262, Section 34.
Description
Proposed
For filing and indexing assignment for
the benefit of creditors.
10.00
For entering amendment of a record of the
birth of a child born out of wedlock
subsequently legitimized.
10.00
For correcting errors in a record
of birth.
10.00
For furnishing certificate of a birth.
5.00
For furnishing an abstract copy of a record
"
of birth.
4.00
For entering delayed record of birth.
10.00
For filing certificate of a person conducting
business under any title other than his
real name.
20.00
For filing by a person conducting business
under any title other than his real name of a
statement of change of his residence, or of his
discontinuance, retirement or withdrawal from,
or change of location of, such business.
10.00
For furnishing certified copy of certificate
of person conducting business under any title
other than his real name or a statement by
such person of his discontinuance, retirement
or withdrawal from such business.
5.00
For recording the name and address, the date
and number of the certificate issued to a
person registered for the practice of
podiatry in the Commonwealth.
20.00
For correcting errors in a record of death.
10.00
For furnishing a certificate of death.
5.00
For furnishing an abstract copy of a record
of death.
4.00
For entering notice of intention of marriage
and issuing certificates thereof.
15.00
For entering certificate of marriage filed by
persons married out of the Commonwealth.
5.00
For issuing certificate of marriage.
5.00
For furnishing an abstract copy of a record
of marriage.
4.00
For correcting errors in a record of
marriage.
10.00
For recording power of attorney.
10.00
267,
Adjourned Subsequent Town Meeting
November 17, 1988
For recording certificate of registration
granted to a person engaged in the
practice of optometry, or issuing a certified
copy thereof.
For recording the name of the owner of a
certificate of registration as a physician
or an osteopath in the Commonwealth.
For recording order granting locations of
poles, piers, abutments or conduits,
alterations or transfers thereof, and
increase in number of wires and cable
or attachments under the provisions of
Sec. 22 of Chapter 166.
For examining records or papers relating
to birth, marriage or deaths upon the
application of any person, the actual
expense thereof, but not less than
For copying any manuscript or record
pertaining to a birth, marriage or death.
For receiving and filing a complete
inventory of all items to be included
in a "closing out sale", etc.,
For filing a copy of written instrument or
declaration of trust by trustees of an
association or trust, or any amendment
thereof as provided by Sec. 2,
Chapter 182.
For recording deed of lot or plot in a
public place or cemetery.
Recording any other documents..
20.00
20.00
40.00
flat rate
10.00
add 11 sts.
5.00
5.00
10.00
1st. page
2.00 add'1 page
20.00
10.00
10.00
1st. page
2.00
add'1 pages
Voter's certificate. 5.00
ARTICLE 24. On motion of Mary S. Ziegler, it was voted to
table Article 24.
59 voted in the affirmative
53 voted in the negative
ARTICLE 24. On motion of Carl H. Amon, it was voted to
table Article 24 until the session following the Special Town
Meeting but not later than December 1, 1988.
66 voted in the affirmative
31 voted in the negative
ARTICLE 25. On motion of Eugene R. Nigro, it was voted that
the Town amend the Bylaws of the Town by deleting in Article XIX,
Section 1 relating to the disposal of surplus property the
phrase: "Five Hundred Dollars ($500.00)" and substituting there-
for the phrase: "Five Thousand Dollars ($5,000.00)."
ARTICLE 26. On motion of Eugene R. Nigro, it was voted
that the Town amend Article I Section 7 of the Bylaws of the Town
of Reading by substituting "Tuesday" for "Monday" twice within
said section.
ARTICLE 27. On motion of Carl H. Amon, it was voted that
the Town transfer the care, custody, management and control of
the following described parcel of land which comprises a portion
of the Charles Lawn Cemetery from the Board of Cemetery Trustees
to the Board of Selectmen of the Town of Reading for any other
municipal purpose, including the possible sale or lease thereof;
268
Adjourned Subsequent Town Meeting
November 17, 1988
Said property consisting of approximately 7,200 square feet and
being bounded and described as follows:
Beginning on the easterly sideline of Pearl Street,
at a stone bound on the division property line be-
tween Lot 7 and Lot 8;
Thence by a curved line to the left along the
easterly sideline of Pearl Street, to a stone bound
on the division property line between Lot 9'and Lot
8 a distance of 60.39 ± feet, more or less;
Thence easterly along the division property line
between Lot 9 and Lot 8 a distance of 175± feet,
more or less to a point;
Thence southeasterly a distance of 25± feet, more
or less to a points
Thence southwesterly a distance of 90± feet, more
or less to a stone bound on the division property
line between Lot 7 and Lot 88
Thence southwesterly along the division property
line between Lot 7 and Lot 8 a distance of 82.26+
feet, more or less to the point of beginning of
this descriptions
Said parcel containing 7200± square feet, more or
less.
Intending to describe a 0.16 acre portion of Lot 8
located on the easterly side of Pearl Street and
being between Lot 7 and Lot 9. Said Lots being
shown on the Reading Assessor's Plat 131 dated
January 1, 1972.
82 voted in the affirmative
13 voted in the negative
2/3 vote required
On motion of Eugene R. Nigro, it was voted that this meeting
stand adjourned to meet at 7:30 P.M. on Monday, November 21, 1988
in the Reading Memorial High School Auditorium.
Motion to adjourn for lack of quorum was voted.
Meeting adjourned 10:25 P.M.
98 Town Meeting members present.
A true copy. Attest:
Doris M. Fantasia
Town Clerk