HomeMy WebLinkAbout1989-11-13 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING
Reading Memorial High School November 13, 1989
The meeting was called to order by the Moderator, Paul C.
Dustin, at 7:39 P.M., there being a quorum present.
The Invocation was given by Reverend E. Lewis MacLean of the
Church of the Nazarene, followed by the Pledge of Allegiance to
the Flag.
Paul C. Dustin acknowledged and welcomed Scout Troop #702's
presence.
The warrant was partially read by the Town Clerk, Doris M.
Fantasia, when on motion of Russell T. Graham, it was voted to
dispense with further reading of the warrant, except the
Officer's Return which was then read by the Town Clerk.
ARTICLE 1. On motion of Russell T. Graham, it was
voted to take Article 1 from the table.
ARTICLE 1. The attached report Status of Instruc-
tional Motions by Peter I. Hechenbleikner, Town Manager, was ac-
cepted as a Report of Progress.
ARTICLE 1. The attached report Chronology of Bylaws
and Budget Mechanism by Edward F. Murphy, Jr., Chairman of the
Bylaw Committee, was accepted as a Report of Progress.
ARTICLE 1. On motion of Russell T. Graham, it was
voted to table Article 1.
ARTICLE 2. On motion of Russell T. Graham, it was
voted to table Article 2.
ARTICLE 3. On motion of Mary S. Ziegler, it was
voted to table Article 3.
ARTICLE 4. On motion of Edward F. Murphy, Jr., it
was voted that the Town recodify the General By -Laws of the Town
by deleting the entire text thereof and substituting therefor a
revised text entitled: "Town of Reading, Massachusetts General
Bylaws" dated November 13, 1989, copies of which have been dis-
tributed to all Town Meeting Members and made available for
public inspection at the office of the Town Clerk, the office of
the Town Manager, the Library and at this meeting.
ARTICLE 5. On motion Nils L. Nordberg, it was voted
that the Town amend the Bylaws of the Town as recodified to in-
clude in the recodification the Bylaw amendments made by motions
taken under Articles 5, 6, 7 and 9 of the Warrant for the Special
Town Meeting of September 14, 1989 as follows:
Add to Article 4 of the recodified Bylaws the text of the
Bylaw amendment in the motion made under Article 5 of said Spe-
cial Town Meeting Warrant with the changes that the phrase
"Section 1" becomes 114.5.6," the phrase 114.5.6.1" be inserted
prior to the words "Building Permits," the phrase 114.5.6.2" be
inserted prior to the words "Electrical Permits," the phrase
114.5.6.3" be inserted prior to the words "General Fees" and the
phrase "Section 2" becomes 114.5.6.4."
Add to Article 4, 114.5 Licenses" of the recodified Bylaws
the text of the Bylaw amendment in the motion made under Article
6 of said Special Town Meeting Warrant with the changes that the
phrase "Section 8." becomes 114.5.511;
Delete the text of Section 5.6.7 of the recodified Bylaws
and substitute therefor the text of the Bylaw amendment in the
motion made under Article 7 of said Special Town Meeting Warrant
without the phrase "Section 5." and combining the two paragraphs
to read as one paragraph; and
STATUS OF INSTRUCTIONAL MOTIONS
Date
Mover
Subject
Status
11 -23 -87
Barker
Meeting at High School
Implemented
11 -23 -87
Barker
No public hearings
Implemented
on Monday /Thursday
(See Art.9)
11 -23 -87
Haskell
Material to Town
Implemented
Meeting
12 -08 -88
Shannon
Establish School
Building Committee
Implemented
12 -8 -88
Adams
Establish Wading
Pool Committee
Established
12 -08 -88
Nichols
Chronology of Bylaws
Done by Bylaw
by 11 -89
Committee
12 -08 -88
Hines
Long term Financial
Report
Report 11/16/89
12 -08 -89
Price
Status of Main/
Summer Signals
Report 11/13/89
4 -13 -89 DiPietro
4 -24 -89 Price
4 -24 -89 Adams
5 -15 -89 Rivers
5 -22 -89 Barcroft
5 -22 -89 Coco
5 -22 -89 Howard
5 -22 -89 Shannon
5 -22 -89 Van Magness
5 -22 -89 P. Russell
Apply $10,000 to Pearl
Street School Study
11 -89 Place all Real
Estate Sales in
New Fund
Establish Town Hall
Oversight Committee
Negotiate with Wake-
field over Bear Hill
Budget Format
Pearl Street School
for Senior Housing
Reconsider hiring 4th
School Nurse
Change School Build-
ing Committee
Bylaw Amendment re:
Meeting during Towm
Meeting
Budget Format
Request
Revision
New fund not
yet authorized
Established
Ongoing
Being reviewed
Report under
Article 27
Implemented
Article 9
Being reviewed
Status - page 2
5 -22 -89 P. Russell
9 -21 -89 Lynch
9 -21 -89 Nordberg
Flexible handling of
Budget
For Spring - Bylaw
re: User Fees
Supply Fee Schedule
to Bylaw Committee
Moderator
reviewed
For Spring
Town Meeting
Being
Implemented
.r
11
Mr. Moderator:
The Bylaw Committee, at this time, has two Instructional Motions to
report upon. The first is an Instructional Motion moved by Ben Nichols
at November, 1988 Town Meeting, which reads as follows:
"...that the By -Law Committee be instructed to make available a list showing
changes made in the General By -Laws since those adopted March 2, 1896 giving
briefly the subject matter of the change, the date of the Town Meeting, the
Warrant Article number, the adoption date, and the page where it is recorded
in the Annual Town Report. This list shall be compiled by the 1989 Subsequent
Town Meeting, and shall be included in future printed copies of the General
By- Laws."
You all should have received in your package, a two -page Chronology of Bylaws
presently in place. The historical information includes the date the Bylaw
was adopted by Town Meeting, the Warrant Article number, and the Annual Report
page number, along with references to any significant amendments. The Committee
feels that the research information is substantially in line with Mr. Nichols'
motion.
You will notice that we issued the Chronology separately from the recodified
Bylaw document and marked at for "informational purposes only ". The Committee
feels that a separate publication at this time will prevent the possibility
of invalidating the recodified Bylaw document should simple paging or dating
errors be found in the Chronology.
At the time the recodified Bylaw document is approved by the Attorney General,
the Chronology will be set in the appropriate print and physically attached
to the Bylaws. Any future changes in the Bylaw will, of course, be reflected in
the Chronology. If any of you notice any errors in the Chronology, please
feel free to contact me or any member of the Committee.
In any project of this type, we always get outside help and I would like to
thank just a few people. I'd like to thank Nancy Smethurst and the girls in
Doris Fantasia's office, the former Town Clerk, Larry Drew, and, of course,
Ben Nichols. I think if there is anything about Reading's history that Ben
doesn't know, it simply isn't worth knowing. Thanks again, Ben, for your help!
The second Instructional Motion to the Bylaw Committee was moved by Peg Russell
during Spring Town Meeting. It reads as follows:
"On motion of Margaret W. Russell, it was voted that the By -Law Committee be
instructed to present to Town Meeting no later than the November, 1989 Subsequent
Town Meeting session, recommendations (including By -Law changes, if necessary)
for an orderly mechanism which will allow Town Meeting members the flexibility to
reconsider budget line items at any time during the Budget article deliberations."
Since Special Town Meeting, the Bylaw Committee has studied the problem and has
produced two or three possible solutions. In the meantime, our Moderator, Paul
C. Dustin, was doing his homework and found that in Roberts Rules of Order, there is
a procedure which appears to be the solution without requiring a new Bylaw. Mr.
Dustin has met with the Bylaw Committee and the concensus was that a procedure
appropriately meets the requirements of Mrs. Russell's instructional motion.
I would now like Mr. Dustin to describe the mechanics of that procedure.
Thank you, Ed.
Basicly Roberts Rules of Order provides two methods for handling lengthy and
complex motions. One we are familiar with. It is the division of the question.
And that is the way we have been handling the Budget in the past.
Basicly you take a lengthy motion and break it into pieces; move each piece
individually; and then vote upon it before moving to the next one. The problem
we ran into is that a vote having been taken, the only way to go back and re-
address any of the prior pieces, is by the medium of reconsideration and that
is what proved to be unwieldy in the Spring.
With a little bit of research, (and this job, like all in Town Government, is
on- the -job training) we find there is another process called "Consideration by
Paragraph ",Latin name, seriatum. What it says, like the previous method, you
move the individual sections individually. However, you do NOT take a final
vote You are able, however, to amend each section as they are discussed and
if any amendments are made, you vote on those amendments at the time. The section
stands either as read or as it may be amended.
The key is that you do not take a vote on the particular section itself. You
progress through all of the various sections, in this case the sections of the
Budget. At the completion of it, the Chair opens the entire subject matter for
further amendment should it be necessary.
The intent is not to readdress things you might have overlooked, or thought about
later, Although, it is possible, I suppose. The intent then is to go back and re-
adjust any sections as may be necessary to accomodate changes made later on.
Now that process has been formalized and sent out to all of us in the Town Meeting
material packet. This is the process we will use at the Spring Town Meeting for
handling the budget. It is the same process as before, but we will not take a
final vote as each Section is moved. In that way, we avoid the necessity of
moving Reconsideration.
The Chair notes it is well documented under Roberts vs. creating a Bylaw.
Mr. Murphy - Any questions?
Town Meeting Members - Any questions?
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.a
Subsequent Town Meeting November 13, 1989
Delete Sections 5.7.4.1, 5.7.4.2, 5.7.4.3 and 5.7.4.4 of the
recodified Bylaws and substitute therefor the text of the Bylaw
amendment in the motion made under Article 9 of said Special Town
Meeting Warrant, changing small letter "a" through small letter
I j" to " 5.7.4.1 " through " 5.7.4.1 0."
ARTICLE 6. On motion of Nils L. Nordberg, it was
voted that the Town amend Section 2.2.4.1 of the recodified
Bylaws of the Town by deleting that Section in its entirety and
substituting therefor the following:
"A motion to reconsider any vote must be made before the final
x adjournment of the meeting at which the vote was passed but such
motion to reconsider shall not be made at an adjourned meeting
unless the mover has given notice of his intention to make such a
motion, either at the session of the meeting at which the vote
was passed or by written notice to the Town Clerk within twenty -
four (24) hours after the adjournment of such session. When such
motion is made at the session of the meeting at which the vote
was passed, said motion shall be accepted by the Moderator but
consideration thereof shall be postponed to become the first item
to be considered at the next session, unless all remaining ar-
ticles have been disposed of, in which case reconsideration shall
be considered before final adjournment. There can be no recon-
sideration of a vote once reconsidered or after a vote not to
reconsider. Reconsideration may be ordered by a vote of two -
thirds (2/3) of the votes present. Arguments for or against
reconsideration may include discussion of the motion being recon-
sidered providing such discussion consists only of relevant facts
or arguments not previously presented by any speaker."
ARTICLE 7. On motion of Russell T. Graham, it was
voted that the Town accept the provisions of Section 57 of Chap-
ter 40 of the General Laws, which authorizes the Town to adopt a
by -law to deny, revoke or suspend certain licenses or permits for
the neglect or refusal to pay any local taxes, fees, assessments,
betterments or any other municipal charges.
ARTICLE 33. On motion of Russell T. Graham, it was
voted to take Article 33 out of order.
ARTICLE 33. On motion of Russell T. Graham, it was
voted that the Town amend the recodified Bylaws of the Town by
adding the following to Section 114.9 User Fees ":
114.9.2 Denial, Revocation and Suspension
4.9.2.1 The Town Treasurer - Collector shall annually furnish to
each department, board, commission or division of the Town,
hereinafter referred to as the Licensing Authority, that issues
licenses or permits including renewals and transfers, a list of
any person, corporation or business enterprise, hereinafter
referred to as the Party, that has neglected or refused to pay
any local taxes, fees, assessments, betterments or other
municipal charges for not less than a twelve (12) month period,
and that such Party has not filed in good faith a pending ap-
plication for an abatement of such tax or a pending petition
before the appellate tax board.
4.9.2.2 The Licensing Authority may deny, revoke or suspend any
license or permit, including renewals and transfers of any Party
whose name appears on said list furnished to the Licensing
Authority from the Town Treasurer - Collector; provided, however,
that written notice is given to the Party and the Town Treasurer -
Collector, as required by Section 4.9.2.6 hereof, and the Party
is given a hearing, to be held not earlier than fourteen (14)
days after said notice. Said list shall be prima facie evidence
for denial, revocation of suspension of said license or permit to
any Party. The Town Treasurer - Collector shall have the right to
intervene in any hearing conducted with respect to such license
denial, revocation or suspension. Any findings made by the
Licensing Authority with respect to such license denial, revoca-
tion or suspension shall be made only for the purposes of such
r it
MLIUM
Subsequent Town Meeting November 13, 1989
proceeding and shall not be relevant to or introduced in any
other proceeding at law, except for any appeal from such license
denial, revocation or suspension. Any license or permit denied,
suspended or revoked under this section shall not be reissued or
renewed until the Licensing Authority receives a certificate
issued by the Town Treasurer - Collector that the Party is in good
standing with respect to any and all local taxes, fees, assess-
ments, betterments or other municipal charges payable to the
municipality as of the date of issuance of said certificate.
4.9.2.3 Any Party shall be given an opportunity to enter into a
payment agreement, thereby allowing the Licensing Authority to
issue a certificate indicating said limitations to the license or
permit and the validity of said license shall be conditioned upon
the satisfactory compliance with said agreement. Failure to
comply with said agreement shall be grounds for the suspension or
revocation of said license or permit; provided, however, that the
holder be given notice and a hearing as required by Section
4.9.2.6 hereof.
4.9.2.4 The Board of Selectmen may waive such denial, suspension
or revocation if it finds there is no direct or indirect business
interest by the property owner, its officers or stockholders, if
any, or members of his /her immediate family, as defined in Sec-
tion 1 of Chapter 268 of the General Laws in the business or ac-
tivity conducted in or on said property.
4.9.2.5 This section shall not apply to the following licenses
and permits (as referenced to the General Laws) : open burning,
Section 13 of Chapter 48; bicycle permits, Section 11A of Chapter
85; sales of articles for charitable purposes, Section 33 of
Chapter 101; children work permits, Section 69 of Chapter 149;
clubs, associations dispensing food or beverage licenses, Section
21E of Chapter 140; dog licenses, Section 137 of Chapter 140;
fishing, hunting, trapping license, Section 12 of Chapter 131;
marriage licenses, Section 28 of Chapter 207, and theatrical
events, public exhibition permits, Section 181 of Chapter 140.
4.9.2.6 Wherever written notice is required in this section
4.9.2, notice shall be hand - delivered and a signed receipt ob-
tained therefor or notice shall be sent by registered or cer-
tified mail, return receipt requested, postage prepaid."
ARTICLE 8. On motion of Mary S. Ziegler, it was
voted that the Town amend the recodified Bylaws of the Town by
adding the following to Section 2.2.4.3 relating to motions to
reconsider:
"The foregoing notice provisions shall not apply when a mo-
tion to reconsider any Town Meeting action is made publicly at
Town Meeting before the adjournment of any session of any ad-
journed Town Meeting."
Russell T. Graham announced that the missing flags from the
Common have been recovered.
ARTICLE 9. On motion of Nils L. Nordberg, it was
voted to table Article 9.
ARTICLE 10. On motion of Virginia M. Adams, it was
voted that the Town amend Section 4.3.4 of the recodified Bylaws
of the Town by deleting that section in its entirety and sub-
stituting therefor the following:
"4.3.4 The Board of Assessors shall, for Fiscal Year 1990 and
every nine (9) years thereafter, include as a line item in their
budget for Town Meeting consideration, the cost to publish for
general circulation its valuation lists for real estate for the
fiscal year. The Board of Assessors shall establish reasonable
fees for the sale of said lists. After the publication of the
list for the fiscal year 1990, lists for subsequent years shall
be printed in not less than the same quantity as the number sold
of the preceding published valuation list."
Town of Reading
Reading, Massachusetts 01867 -2693
(617) 942 -0500
TOWN MANAGER
16 LOWELL STREET
MEMORANDUM
TO: Town Meeting Members
FROM: Bill Burditt, Chairman
Finance Committee
DATE: November 2, 1989
RE: Recommendations staff - Subsequent Town Meeting
Articles
Attached is a list of the recommendations of the Finance Com-
mittee on Town Meeting Articles, pursuant to Article III, Section
2 of the Bylaws of the Town.
Article 3. No action required - the Board of Selectmen has
indicated that it intends to table Article 3.
Article 7. The Finance Committee recommends Article 7 by a
vote of 9 -0 -0.
Article 10. The Finance Committee does not recommend Article
10 by a vote of 0 -9 -0. The Committee is concerned that this
would require the automatic expenditure of these funds, not
making it subject to appropriation as the current Bylaw does.
Article 15. The Finance Committee recommends Article 15 by a
vote of 9 -0 -0.
Article 16. The Finance Committee recommends Article 16 by a
vote of 9 -0 -0.
Article 18. The Finance Committee recommends Article 18 by a
vote of 9 -0 -0.
Article 27. The Finance Committee recommends Article 27 by a
vote of 9 -0 -0.
Article 28. Action pending.
over
Article 29. The Finance Committee recommends Article 29 in the
amount of ten thousand ($10,000) dollars by a vote of 9 -0 -0 if
Article 27 is successful. If Article 27 is not successful then
the Senior Center will not need to be relocated.
Article 30. Action pending.
Article 31. The Finance Committee recommends Article 31 by a
vote of 9 -0 -0.
Article 32. The Finance Committee recommends Article 32 by a
vote of 7 -2 -0.
Article 33. The Finance Committee recommends Article 33 by a
vote of 9 -0 -0.
Article 34. The Finance Committee recommends Article 34 by a
vote of 8 -0 -1.
Article 35. The Finance Committee recommends Article 35 by a
vote of 9 -0 -0.
B/w
Subsequent Town Meeting November 13, 1989
ARTICLE 11. On motion of Gail F. Wood, it was voted
to table Article 11.
ARTICLE 12. On motion of George J. Shannon, it was
voted that the Town authorize the Board of Selectmen and /or the
School Committee to convey Rights of Easement in all or any part
of the following described property commonly known as the Reading
Memorial High School Upper Parking Area for the minimum amount of
One Dollar ($1.00) or such larger amount and upon such other
terms and conditions as the Board of Selectmen and /or the School
Committee shall consider proper, and to deliver a deed or other
document therefor to said Grantee; provided that any such ease-
ment shall provide that if the Reading School Committee at any
future time wishes to make any changes on the adjacent properties
under its care, custody and control, the School Committee would
have the ability to relocate the easement granted and any
driveway that may be constructed on said easement so as not to
interfere in any way with the uses to be made of the adjacent
property by the School Committee:
The land shown on the Reading Board of Assessor's Revised January
1, 1984, Plat 113, as all or part of Lots 60, 61, 62, 63, 64, 66,
and 67, and on the Reading Board of Assessor's Revised January 1,
1989, Plat 123, as all or part of Lots 33, 35, 36, and 37.
113 voted in the affirmative
0 voted in the negative
2/3 vote required
ARTICLE 13. On motion of Daniel A. Ensminger, it was
voted that the Town authorize the Board of Selectmen to convey
and /or abandon certain rights of easements in Reading , Middlesex
County, Massachusetts, located on land shown as Lots 44 and 63 on
the Town of Reading Assessor's Plat 23 dated January 1, 1988,
that were conveyed to the Town in a Conveyance of easements and
utilities - Avalon Estates" document dated February 26, 1988 and
recorded in the Middlesex South Registry of Deeds; to determine
the minimum amount of One Dollar ($1.00) to be paid for such con-
veyance and /or abandonment, and to authorize the Board of
Selectmen to convey or abandon all or any part of said rights of
easements for such amount or larger amount and upon such other
terms and conditions as the Selectmen shall consider proper, and
to deliver a deed or other document therefor if necessary.
113 voted in the affirmative
0 voted in the negative
2/3 vote required
ARTICLE 14. On motion of Daniel A. Ensminger, it was
voted that the Town authorize the Board of Selectmen to convey
and /or abandon certain rights and easement in Reading, Middlesex
County, Massachusetts, located on land situated on the easterly
side of Main Street and shown as Lot 26 on the Town of Reading
Assessor's Plat 12 dated January 1, 1983, which easement is shown
on a plan entitled "Easement for Water Pipe Easterly from Main
Street, Reading, Mass.; Scale: 1 in. = 40 ft., October 1944,
Board of Public Works" recorded with the Middlesex South District
Registry of Deeds at Book 6809, Page 496 and taken by Order of
the Town of Reading Board of Public Works recorded at said
Registry Book 6809, Page 496; to determine the minimum amount of
One Dollar ($1.00) to be paid for such conveyance and /or abandon-
ment, and to authorize the Board of Selectmen to convey or aban-
don all or any part of said rights and easement for such amount
or larger amount and upon such other terms and conditions as the
Selectmen shall consider proper, including a condition that a
substitute easement acceptable to the Board of Selectmen be given
prior to abandonment of the existing easement.
ARTICLE 15. On motion of Nils L. Nordberg, it was
voted to table Article 15.
416
Subsequent Town Meeting November 13, 1989
ARTICLE 16. On motion of George V. Hines, it was
voted that the Town authorize the Department of Public Works to
expend the performance bond in the amount of Seven Thousand Dol-
lars ($7,000.00) , for the purpose of completion of construction
of approved Site Plan improvements to private property at 156
Main Street, in accordance with the terms of a certain perfor-
mance bond executed by Joseph Laschi to the benefit of the Town
of Reading on January 27, 1988 pursuant to the Reading Zoning
By -Laws and Chapter 40A of the General Laws, such funds to be
spent by and under the direction of the Department of Public
Works.
Quorum count was request by William C. Brown, Town Meeting
Member, Precinct 8.
On motion of Russell T. Graham, it was voted that this meet-
ing stand adjourned to meet at 7:30 PM on Thursday, November 16,
1989, at Reading Memorial High School.
Meeting adjourned at 10:30 P.M.
99 Town Meeting Members were present.
A True Copy. Attest: &�� -f" CtSi 'a
Doris M. Fantasia,
Town Clerk
ADJOURNED SUBSEQUENT TOWN MEETING
Reading Memorial High School November 16, 1989
The meeting was called to order by the Moderator, Paul C.
Dustin, at 7:45 P.M., there being a quorum present.
The Invocation was given by Reverend Alan B. Bond of the
First Congregational Church, followed by the Pledge of Allegiance
to the Flag.
On a point of personal privilege, Robert I. Nordstrand,
Chairman of the Board of Assessors, presented the following
Resolution honoring William E. Locke:
Resolution Honoring
William E. Locke
WHEREAS William E. Locke has well and faithfully served the
Town of Reading for more than seventeen years as a mem-
ber of the Reading Board of Assessors; and
WHEREAS William E. Locke served as an elected Town Meeting Mem-
ber from 1959 through 1978; and
WHEREAS William E. Locke served on the Town Finance Committee
from 1963 through 1972; and
WHEREAS William E. Locke has served with efficiency, fairness,
and a competence that has earned him the respect and
admiration of his colleagues, townspeople, other
municipal officers and officials of the Commonwealth of
Massachusetts;
NOW, THEREFORE, BE IT RESOLVED that this Town Meeting, held on
November 13, 1989, does extend to William E. Locke its' most sin-
cere appreciation and gratitude for such outstanding service ren-
dered to the Town and wishes him health and success in the fu-
ture; and