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HomeMy WebLinkAbout1979-10-15 Board of Public Works Minutes October 15, 1979 1 Meeting of the Board of Public Works convened at 7:30 P.M. in the auditorium of the Community Center, 52 Sanborn Street. Present were Chairman Price, Secretary Cowell , Board Mem- bers Testa, DeHart and Wood, Superintendent Louanis and Assis- tant Superintendent William Bergeron. The Board read memorandum from Assistant Superintendent Bergeron outlining the reasons contributing to the flooding condition at #44 Mark Avenue and suggested corrective steps that could be effected to alleviate the situation. (copy of memorandum attached) Mr. Rotondi , owner of the property at 40 Mark Avenue, stated that he had not experienced a problem due to drainage conditions for sixteen years but recently changes have been made in the area as outlined in Mr. Bergeron' s statement and also a neighbor to the rear of his property has installed a swimming pool and raised the grade of his yard which has re- sulted in increased run off aggravating the situation. Follow- ing a discussion, Chairman Price indicated the Board does not have the funds necessary to implement the remedial work outlined by the Engineering Division but that the Department will look at the area, clean the catch basins and attempt to. free the 8" pipe within the next two weeks. Corrective measures will be considered when the next budget is prepared. It was moved, seconded and voted to table the minutes of the previous meeting. It was moved, seconded and voted to appoint Mrs. Wood to the Recreation Committee and to the Ad Hoc Committee. Chairman Price instructed the Superintendent to notify the Town Clerk and the Committee Chairmen of the Board' s action. Chairman Price called the Board' s attention to the opening date of Town Meeting, Tuesday, November 13, 1979 at 8:00 P.M. and to the Articles to be presented by the Board, i .e. Article 11 ,/12 and 13. Copy d= the Warrant attached. Secretary Cowell read notice of the third and final public hearing regarding the Town of Reading' s solid waste concerns. Approximately eighteen people attended the hearing. Chairman Price indicated that Town Counsel , H. Theodore Cohen, would re- i view the contract as presented by NESWC and questions would be posed first by the Board and then would be received from the citizens. Following the meeting with Town Counsel the Board would meet with a representative from B.F. I . (Browning-Ferris Industries) the current rubbish collector for the Town. Mr. Price then turned the meeting over to Attorney Cohen who reviewed the NESWC contract of approximately thirty pages stating it was anticipated that several communities from north- eastern Massachusetts and some southern New Hampshire communities would sign. It is intended that the various communities will bring their solid waste to the area, NESWC will derive income from the sale of electricity generated, and the profit derived will be divided proportionately among the participants. Mr. Cohen stated that as he read the contract there are a lot of risks borne by the Towns as it appears to be a one-sided con- tract to the benefit of the contractor, a very strange contract and similar opinions have been expressed by other Town Counsel . Mr. Price questioned whether Mr. Cohen would approve the contract and what changes he would request. , Attorney Cohen stated the acceptance or rejection of the contract was a policy decision and Town Counsel can not make a policy decision. This must be done by the Board. However, he stated the contract has many risks but he believed it falls within the provisions of Chapter 40, Section 21 of the General Laws and as such he could approve it. Mr. Price asked if Counsel could defend the Town on this contract. Mr. Cohen stated almost every- thing in the contract favored the contractor and the greater burden is on the communities at all times. The contractor will not have to bear the burden that he is not at fault. Mrs. Dorothy Anderson of 8 Puritan Road suggested that with a contract with so many loop holes, would we not be better off to go along with the present situation as it appeared we would be buying a pig in a poke. Mr. Cohen stated that sometime dur- ing the ensuing twenty year period he felt NESWC would come back to the Towns because of one problem or another and say, "you will have to pay % amount of money." Mrs. Nancy Anderson of Wakefield Street stated she felt the principle involved was a very good one and it would seem that the Minutes - continued October 15, 1979 Town could come back with a counter proposal . Superintendent Louanis stated that negotiations have been gDing on for approxi- mately four years and NESWC with the assistance of the Bureau of Solid Waste and the Mitre Corporation have come up with this contract. The Board has had a representative attending solid waste meetings for five or six years. Secretary Cowell added that the design of the facility is of German origin and the use of this type of facility is more prevalent on the Continent than it is in America. Mitre Corporation has investigated and has recommended UOP as a leader in the field be selected for the con- struction and operation of the facility. Mr. Malcolm Reed questioned who was considered and what qualifications they possessed. Mr. Cowell responded that Raytheon, U.O.P. , Combus- tion Engineering and one other submitted bids, each proposing a different process. NESWC conducted a lengthy review of the bids and concluded UOP had the best technology. Mr. George Lar- son of Meadowbrook Lane asked if the Board had contacted Resco. Chairman Price stated Resco is supposed to get back to the Board no later than November 1 and state whether they have any desire to take over the 4.4 acres. The Board recessed for five minutes at 9:20 P.M. Meeting reconvened at 9: 25 P.M. Chairman Price stated the intended representative from Browning Ferris, Inc. was detained in Boston but that Mr. Anderson had agreed to make a presentation for B. F. I. Mr. Anderson stated if Browning Ferris Industries were to extend the contract for one year the increased cost to the Town would be $3,300 per month or $39,600 per year. The present contract expires June 30, 1981 . The grand total for the year ending June 30, 1981 would be $247, 500. Mr. Price asked if Browning-Ferris would be interested in utilizing the 4:4 acre site owned by the Town on John Street. Mr. Anderson stated B. F. I . has a landfill in Randolph and they have no problem there and they have a facility in Cambridge and do not entertain the idea of acquiring further locations. Mr. Price requested that Mr. Greenwood of B.F. I . attend a meeting of the Board of Public Works on October 29th and at that time advise the Board of the maximum term of contract they would enter into, and what the cost would be for FY-82 for pickup in the Town hauled to a desig- nated point in Town, and for pickup in the Town hauled out of Town to their site. Superintendent Louenis stated he would like to have the following questions covered in a presentation from B.F. I. : 1 ) Would an unlimited number of bags per residence have an effect on the cost of the contract? 2) It was agreed a sign was to have been placed on the side of the trucks stating B.F. I. was the Town' s contractor - to date this has not been done. 3) If the time was moved up from 6:30 A.M. to 8:30 A.M. would it effect the cost of the contract? 4) What is the longestterm contract B.F. I . would be interested in? The Board made Mr. Anderson aware of the various complaints re- ceived by the Department from the citizens and it was strongly suggested .B.F. I. take their employees to task. The meeting with B.F. I. concluded at 10: 15 P.M. Read letter from Susan E. Sellers, Assistant Principal at the Reading Memorial High School requesting permission to re-install the low cable elements of the Project Adventure Course , o n the knoll near Philip Welch Park from November 1 to December 23d in conformance with the modifications contained in the attach- ed letter. It was moved, seconded and voted to sign letter committing the sum of $269. 50 for 70% sewer house connection ( lateral ) and assess betterments accordingly. Chairman Price questioned as to what the Board' s feelings were with regard to the preparation of the budget for the en- suing year. Is it the Board' s wish to set up subcommittees to report to the full Board or what is the Board' s pleasure. Mr. Cowell felt there were sufficient subcommittees and the Budget is the responsibility of everyone and moved that the full Board consider the Budget. This was seconded and voted. Mr. Testa requested the Superintendent and the Engineering Division prepare a rough draft of the report to the Town Meeting and provide some facts and figures in chart form for the Board to make a comparison of different proposals and if possible have , it in the package for the next meeting. The Board signed the Payroll for the period lending October 12 and the Bill Roll dated October 19th. Minutes - continued October 15, 1979 Mr. Cowell moved, it was seconded and voted at 10:45 P.M. that the Board go into Executive Session for the purpose of discussing labor negotiations not to reconvene in open session. Roll call vote as follows: Mr. Testa - In . favor Mr. Deliart - Mrs. Wood - " Mr. Cowell - " Mr. Price - " Meeting adjourned. �ectfully submitted, C Secr tary4 M E M O R A N D U M FROM: E. R. Louanis, Superintendent Board of Public Works TO: John W. Agnew, Executive Secretary to Board of Selectmen RE: Tax Possession Land DATE: September 26, 1979 The Board of Public alorks has reviewed your memorandum of September 19, 1979 re tax possession land and makes the following recommendations: Tax Location Plat Lot Board of Public Works Title Needs No. _ 39 Wilson b Pleasant Sts 77 30 A 30 ' drainage easement on westerly side of lot if lot is sold 65 Knollwood Rd. 35 6 E 7 Drainage easement if lots are sold 101 Bear Hill Road 13 238 E 268 For Water and Park Dept. 139 Oakland Rd. etc. 123 None 225 Land off Temple St. 62 6A None 409 Oakland Rd. etc 52-55-58-9 None 463 Colburn Rd. etc. 154 21 None 479 Track Road 79 11 Keep for Quannapowitt Drain 518 Dunbar Road 137 9 None 523 Track Read 79 54 None 526 Auburn Street 114 10 None 529 Reading Acres 137 17 None 538 Reading/Wakefield Line 68 6 Keep for San. Landfill 601 Track Road 79 33-34-47-78 Keep for Quannapowitt Drain 611 Village Street 56 15 Keep for hwy purposes - is a part of intersection of John/Village Sts. 636 Dunbar Rd. 137 26 None-presently used by neighborbood-hockey rink 659 Quannapowitt Pk. 79 114-120-133 None 66o 1, " 79 81 None 662 Pinevale Ave. 35 27 None 689 Bear Hill Rd. 13 69 None 713 Governor' s Drive 93 33-45 None 714 County Road 36 15 None 729 Whittier Rd. 140 51 None IOBN W. PRICE, Chairman OFFICE OF DOUGLAS A. COWELL, S.Mry TOWN OF READING DAVID L. TESTA DON B. De RT BOARD OF PUBLIC WORKS GAIL F. WOOD E. ROGER LOUANIE, SUPMnh ditt ^ MUNICIPAL BUILDING it READING. MASS. 0186 MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. The undersigned, Board of Public Works of the Town of Reading, in compliance with the provisions of the General Laws, Chapter 80, as amended by Chapter 63 of the Acts of 1933, hereby certify that the lists herewith contain the names of persons against whom we have made betterment assess- ments together with the location of the land benefited by the improvement and the nature and amount of such betterment assess- ment. Sewer House Connection $ 269.50 (70% lateral ) Such list is certified to you for the purpose of committing the same to the Tax Collector, as provided by law. WITNESS our hands this fifteenth day of October 1979 A.D. Chairman ecretary See Commitment Sheet For List it CHARLES GEORGE TRUCKING COMPANY INC. P.O. BOX 186 DUNSTABLE ROAD TYNGSBORO, MASSACHUSETTS 01879 Te1. 933-3483 Te1. 649-7564 April 19 , 1979 E. Roger Louanis , Superintendent Department of Public Works Town of Reading 16 Lowell Street Reading, Massachusetts Re: Proposal for Buying and Operating Old Incinerator Site Dear Mr. Louanis : Enclosed is our completed "Proposal Pricing Form" for Proposal No. 79-6. If you should have any questions regarding this submittal please feel free to call ,a at any time at the above telephone number. We wish to thank you for your consideration and time in helping us to complete this form. Very truly yours , CHARLES GEORGE TRUCKING CO., INC. rome G. Russ ngineer Encl . b DISPOSAL CONTRACTOR • MUNICIPAL • INDUSTRIAL • COMMERCIAL - - i 3. 2 Proposal Pricing Form - In completing this form, please present price ranges within 25 percent of your median price. I . 1 . Purchase of land 4.4 Acres 191 ,600 Ft 191 ,600 Ft2 x ($ /Ft2) = 5 100 ,00n. 00 I2. Sale of portion of land available Ft x (S__/Ft2) _ $ Not Interested (If a portion of the existing site explain what part) II . 1 . Lease for 10 years 4.4 Acres191 ,660 Ft 191 ,660 Ft ($ /Ft2 per year)'= $ Not Interested 2. Lease of portion of land available Ft ($_JFt2 per year) _ $ Not Interested (If a portion of the existing site explain what part) III . . 1 . Purchase of existing building and facility $ 60,000.00 2. Lease for 10 years existing building and facility $ Not Interested /year IV. Payments to Toon for all acceptable refuse delivered to the site in $-0- 50 ( Fifty Cents)/Ton 1 . $0. 50 /Tonx (Guaranteed Minimum Tons/100 )_ $15,600.r 2. $ 0.50 /Ton%(Expected Average Tons/yr34000)= $17,n0n.f 3, $_2.50________/Tony.(Expected Maximum Tons/yr4nnno)= $90.000-r V. If the payments to the Town for all acceptable refuse de— livered to the site is to be used in lieu of taxes the - payment will be $ NOT INTERESTEp�Ton. 1 . $__ Ton (Guaranteed Min. Tons/yr ) _ $ 2. $ ...../Ton (Expected Aver. Sons/yr ) _ $ 3, $_ Ton (Expected Min. Tons/yr VI . Estimated value of taxable improvements proposed for the site $500,000.00 to $600,000.00 (will be made at one time) a. Explain if all improvements will be made at one time or if a planned development over a period of time is anti— cipated. VII . Estimated value of vehicles required to operate the facility that will be registered in the Town $440,000. ( .0264) $ 11 ,616.00 /yr VIII . Cost for Town of Reading to dispose of all its refuse at the facility by Tot-in owned vehicles and/or by the Town's designated Contractor for Total Cost.. ... . . ....$_16.50--- on IX. Cost for commercial and industrial refuse generated within • the Town to dispose of all its refuse at the facility $ 17.00---------------- /Ton X. All cost per ton payments to the Town, indicated are for first year only. The payments would be adjusted on a yearly basis by an escalator factor. C.M. by Dept. of Laborfor Treater Boston Area XI . All lease costs indicated are for first year only. The payments would be adjusted on a yearly basis by an esca— lator factor. XII. The Town will require information proving the Contractors qualifications to perform the work proposed as well as the financial ability to perform the work. XIII . Total purchase of the 4.4 acres of land with all of the existing facilities as currently exists $ 160,000.00 XIV. Total first year lease price of the 4.4 acres of land with all of the existing facilities as currently exist $ Not Interested /yr. subsequent years will be adjusted according to formula. Note: Denote Lease or Sale items with asterisk to indicate perferred option. ITEMNO. . . . . . . . 3 REPORT ON ORAINAGE PROBLEM AT 44 MARK AVENUE The existing condition at Mark Avenue results in #44 being flooded out. The reason for the present condition is because either the original builder of the home or the previous homeowner extended the 18" R. C. entrance pipe by in- stalling an 8" pipe approximately 20 ft. past the end of the 18" headwall . This area was then filled and land- scaped. The present 8" pipe does not have adequate capacity to allow heavy rainfall to pass through the pipe thereby causing a ponding and subsequent flooding out of house #44. The second problem with the drainage system was caused by the installation of the sewer main. This required a modification of the existing drain pipe a- cross Mark Avenue because of a grade conflict. Since the entrance was checked and found to be only an 8" pipe two 8" pipes were substituted for the existing street pipe. Therefore, a correction of the easement pipe would require a modification of the drain across the road. To correct the existing problem the following will be necessary. 1 . Since the existing easement terminated 15' back from the road a new easement would be required to extend the existing easement 351 . 2. Because of the other existing utilities in Mark Ave. it will be necessary to lower the water main approxi- mately 4 feet. 3. A new 36" x 22" CMP (Metal Arch Pipe) would be re- quired to provide adequate capacity to prevent flooding of the property. 4. The cost for the proposed work would be approximately $4,800 +. W. R. Bergeron va tr• AAA NOMA � � • ��. �� y r � BOARD OF PUBLIC 'CORKS irREAD ING,MASSACHUSETTS DRAINAGE POLICY FOR TI1E TOkN OF READING 1 . Drainage con_ s�tion — Drainage construction shall mean the alteratjon of any existing drainage facility by excava— tion, dredging, relocating and piping. 2. Drainage maintenance — Maintenance shall mean the cleaning of any existing drainage facility or repair to keep it in its existing condition. 3. Drainage problems within the public ways — The Board al— ready has established a policy relating to this category in which the Town recognizes its responsibility to rect— ify inadequate drainage systems within the public way, both for new construction and the maintenance of exist— ing facilities. lt.. Drainage problems within subdivisions — The Board, acting as the Board of Survey, already has established the policy in this category through the Subdivision Control Law and the Board of Survey Rules and Regulations in which the Developer is required to design and construct the drainage facilities in accordance with the approved Board of Survey Plan. Maintenance of these constructed facilities is then picked up by the Tm-in when the De— veloper's bond is released. �. Oraineaee Droblems related to private properties — No public funds for drainage construction on private property shall be permitted. Maintenance of existing drainage ditches will be allowed when -and where funds permit. Proposed solutions to minor drainage problems by the Town's Engineering Department will be allowed with the clear understanding that the property owner is responsi— ble for the cost of the facility. October 16, 1972 SUBSEQUENT TOWN MEETING w 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 at the Reading Memorial High School, 62 Oakland Road in said Reading, on Tuesday, November 13, 1979, at eight o'clock in the evening to act on the following articles: ARTICLE 1. 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 Retire- ment Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Planning Board, and any other Boards or Special Committees. Board of Selectmen ARTICLE 2. To choose all other necessary Town Officers and Special Commit- tees and determine what instructions shall be given Town Officers and Special Committees. Board of Selectmen ARTICLE 3. 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 exempt from the coverage of the civil service law, General Laws Chapter_ 31, and rules promulgated pursuant thereto, the Sealers and Deputy Sealers of Weights and Measures and Inspectors and Deputy Inspectors of Weights and Measures of the Town of Reading, or take any other action with respect thereto. Board of Selectmen ARTICLE 4. To see what sum the Town will raise by borrowing or transfer from available funds or otherwise and appropriate for the purpose of providing temporary, emergency funds to be made available to certain residents of the Town of Reading who are entitled and eligible to receive during fiscal year 1980 Federal and/or State emergency fuel assistance funds for the acquisition of home heating fuel, and that the Selectmen are hereby authorized to make disbursements out of said fund to such residents upon such terms and conditions as the Selectmen in their sole discretion shall establish, but subject to the conditions that disbursements out of such fund shall only be made upon the execution of an agreement by the proposed recipient that the Town will be reimbursed the total amount forwarded to the recipient by endorsing over to the Town any emergency fuel assistance funds subsequently received by the recipient from any Federal or State agency, that all funds received by the Town 7treasury, such agreements will be paid into the Town treasury and that all funl!s n said fund at the end of fiscal year 1980 will be returned to the Town to take any other action with respect thereto. Board of Selectmen • "� ARTICLE 5. To see if the Town will vote to sell to 128 Sales, Inc. the - following described property, or take any other action with respect thereto: Beginning at a point on the northerly sideline of John Street which is northwesterly from the town line dividing Reading and Wakefield one hundred forty- nine and twenty-eight hundredths feet (149.281) more or less; THENCE runningnorthwesterlyalong said sideline of John Street one hundred seventy-four and sixty-four hundredths feet (174.641) more or less to a point; THENCE turning and running northeasterly one hundred sixty-one and seventy- six hundredth feet (161.761) more or less to a point; THENCE turning and running southeasterly parallel to said John Street one hundred thirty feet (1301) more or less to a point; - - THENCE turning and running easterly two hundred eighty feet (2801) more or less along the sideline of a fifteen foot (15') wide buffer strip, to a point; THENCE turning and running northeasterly along said sideline two hundred ten feet (210') more or less to a point; . f THENCE turning and running southeasterly sixty feet (601) more or less to a point on said town line which is northerly from the northerly sideline of John Street six hundred twenty-six and five tenths feet (626.5); THENCE turning and running southwesterly along said town line three hundred 'five feet (3051) more or less to a point; THENCE turning and running more southwesterly eighty-eight .and sixty-nine hundredths feet (88.691) more or less to a point; THENCE turning and running northwesterly forty-three and sixty-four hundredths feet (43.641)more or less to a,point; - THENCE turning and running southwesterly one hundred and sixty-two hundredths feet (100.621) more or less to a point; - THENCE turning and running southerly one hundred sixty-one and seventy-six hundredths feet (161.761)more or less to the point of beginning. Said parcel of land containing 60,849 S.F. more or less. Board of Selectmen ARTICLE 6.- To see if the Town will raise by borrowing or transfer from ® available funds or otherwise and appropriate for the purpose of providing building maintenance and operations for the Prospect Street School for fiscal year 1980 a sum of money to be determined by the Town, which sum of money shall be the equivalent of all moneys received as rentals from tenants of the Prospect Street School during fiscal year 1980, or take any other action with respect thereto. Board of Selectmen ARTICLE 7. To see if the Town will vote to authorize the Board of Selectmen. to grant an easement in perpetuity to cros and recross and use for all purposes for which streets and public ways are used in the Town of Reading the following described parcel of land, to the owners of the land abutting said parcel, their heirs, successors, assigns, guests and invitees, in common with all others legally entitled thereto, to specify the minimum amount to be paid for such easement and to authorize the Board of Selectmen to execute on behalf of the Town all documents necessary to effectuate the intent of this vote, or take any other action with respect thereto: That parcel of land situated on the westerly side of Main Street, in Reading, Massachusetts, ten feet in width, commencing at Franklin Street and extending in a southerly direction fifteen hundred and five feet (1,505), more or less. There is expressly excepted from said grant of easement the land conveyed to Easton E. and Muriel R. Chapman by the Town of Reading by deed dated December 29, 1975 recorded at the Middlesex County Registry of Deeds in Book 12916, Page 051 and shown on the Reading Assessors' plat 210 as part of lots Id and 9 and the land conveyed to the Town of Reading by Easton E. and Muriel R.Chapman by deed dated December 29, 19_75 recorded at the Middlesex County Registry of Deeds in Book 12916, Page 052 described in said deed as lot F and shown on said plat 210 as part of lot 8. The easement granted relates to the land shown on said plat 210 as abutting lots 1, la, lb, lc and 2. Board of Selectmen ARTICLE 8. To see what sum the Town will raise by borrowing or by transfer from available funds or otherwise and appropriate for the purpose of repair and/or replacement of the heating system at the Community Center building, 52 Sanborn Street, or take any other action with respect thereto. Board of Selectmen ARTICLE 9. To see what sum the Town will raise by borrowing or transfer-. - from available funds, or otherwise' and appropriate for the purpose of purchasing a motorcycle with a radio, radar and uniforms for the Police Department, such purchases to be subject to the Town obtaining reimbursement for said sum from the Governor's Highway Safety funds or any other source of Federal or State funds, and to authorize the Board of Selectmen to apply for reimbursement for said sum through the Governor's Highway Safety Fund or any other source of Federal or State funds or take any other action with respect thereto. Board of Selectmen Ar ARTICLE 10. To see if the Town will vote to adopt a five year Capital Outlay. Plan as provided for in Article III, Section 11 of the By-Laws of the Town, or take any I other action with respect thereto. Finance Committee ARTICLE 11. To see if the Town will vote to authorize the Board of Selectmen on behalf of the Town to convey or abandon upon such terms and conditions as they may determine a portion of the easement acquired by the Town for drainage and sewerage purposes through land now or formerly of Rivers Development Corporation. and Richard T. Maloney located on Lot 9 and 9A as shown on a subdivision Plan of Land in Reading, Massachusetts dated February 8, 1977 and as more fully described on a plan entitled "Easement through Private Property for Drainage and Sewerage Purposes, Sunnyside Avenue" dated February 10, 1962, recorded with a Quitclaim Deed in Book 10040, Page 330, Middlesex County Registry of Deeds Southern District and to specify the minimum amount to be paid for such conveyance or abandonment, said portion to be abandoned is bound and described as follows: Beginning at a point said point being on the westerly sideline of the existing easement approximately 415 feet from the easterly sideline of Sunnyside Avenue; Thence S 76 degrees 10' - 00" W for a distance of 79.45 feet; Thence N 13 degrees 50' - 00" Wfor a distance of 20.00 feet; Thence N 76 degrees 10' - 00" E for a distance of 69.49 feet; Thence S 40 degrees 18' - 10" E for a distance of 22.34 feet back to the point of beginning; . Said portion to be abandoned contains approximately 1,489.4 square feet more or less, or take any other action with respect thereto. Board of Public Works ARTICLE 12. To see whether the Town under and pursuanttoauthority granted in General Chapter 40D, Section 21 (G), as amended, will authorize the Board of Public Works to enter into a Contract with the operator of solid waste disposal facilities to be established in the Town of North Andover for the disposal of solid wastes and for the use of by-products resulting from the operation of such facilities, which contract will include the following terms, or take any other action with respect thereto: 1. Be for a term of twenty years, more or less; 2. Include provisions for the delivery of minimum amounts of refuse, garbage and waste and payments for the use of the facilities to be based thereon; 3. Provide for unit prices that will be graduated and for adjustments thereof and for the use of steam, electricity and other by-products resulting from the use of the facilities and for credits or payments of the Town resulting therefrom; r4. The use by the Town or other municipalities of the uncommitted capacity of such facilities; 5. Contain other provisions incidental and related to the foregoing general matters; and 6. Be generally in the form of proposed contract negotiated by representatives of member committees of the Northeast Solid Waste Committee (NESWC) with such changes therein as may be approved by said Board of Public Works.. Board of Public Works ARTICLE 13. 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 control of Gypsy Moth including authorizing the Board of Public Works to sell or exchange or otherwise dispose of upon such terms and conditions as they may determine three (3) skid mount hydraulic sprayers 1930 models and purchase one new hydraulic sprayer, pesticide and enter into a contract for Aerial Helicopter spray, or take any other action with respect thereto. Board of Public Works ARTICLE 14. To see if the Town will vote to amend the General By-Laws of the Town by adding a new section as follows, or take any other action with respect thereto: 1. The purpose of this by-law is to protect the floodplains and wetlands of She Town of Reading by controlling activities deemed to have a significant effect upon wetland values, including but not limited to the following: public or private water supply, groundwater, flood control, erosion control, storm damage prevention, water pollution, and wildlife. No person shall remove, fill, dredge, or alter any bank, fresh water wetland, flat, marsh, meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters or any land subject to flooding, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public- and used to provide electric, gas, water, telephone, telegraph, and other telecommunication services without filing written notice of his intention to so remove, fill, dredge or alter and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Such notice shall be sent by certified mail to the Reading Conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment. The same notice, plans, and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, section 40 will be accepted as fulfilling the requirements of this by-law. The said Conservation Commission shall hear any oral presentation under this by- law at the same public hearing required to be held under the provisions of said Chapter 131, section 40 of the Massachusetts General Laws. Definitions, time frames, and procedures, insofar as applicable, set forth in said Chapter and section and in the Regulations promulgated by the Department of Environmental Quality Engineering on July 28, 1978 are hereby made a part of this by-law. - _ r 2. The term "person", as used in this by-law, shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth whenever subject to town by-law, or any political subdivision of the Commonwealth, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents, or assigns. 3. The Conservation Commission shall make a determination as to whether or not this by-law applies to a specific situation prior to the filing of a written notice of intent under the provisions hereof within twenty-one days of the receipt of a written request sent by certified mail from ary person desiring such determination. The Conservation Commission, its agent, officers and employees may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this by-law and may make or cause to be made such examination or survey as deemed necessary. 4. The Conservation Commission is empowered to .deny permission for any removal, dredging, filling, or altering of subject lands within the Town if, in its judgement, such denial is necessary for the protection of public or private water supply, groundwater, flood control, storm damage prevention, or the prevention of pollution. Due consideration shall be given to possible effects of the proposal on all - values to be protected under this by-law. 5. The Conservation Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation of the subject lands in accordance with the purposes of-this by-law. The Conservation Commission may require the posting of a bond with surety, running to the municipality, and sufficient as to form and surety in the opinion of the Commission's Counsel, to secure faithful and satisfactory performance of work required by any order of conditions, in such sum and upon such conditions as the Conservation Commission may require. Other evidence of financial responsibility which is satisfactory to the Conservation Commission may- be accepted in lieu of bonding. Notwithstanding the above, the amount of such bond shall not exceed the estimated cost of the work required or the restoration of affected lands and properties if the work is not performed as required, whichever is greater. .Forfeiture of any such bond or other security shall be recoverable at the suit of the municipality in Superior Court. Such bond or other security shall be released upon issuance of a certificate of compliance. 6. The notice required by the first paragraph of this by-law shall not apply to emergency projects necessary for the protection of the health and.safety of the citizens of Reading and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Quality Engineering and the Conservation Commission if this by-law and Massachusetts General Laws Chapter 131, section 40, as amended are both applicable, or by the Conservation Commission if only this by-law is applicable. In no case shall any removal, filling, dredging or altering authorized by such certification extend beyond the time necessary to abate the emergency. The provisions of this by-law shall not apply to any mosquito control work done under the provisions of clause (36) of section five of chapter 40, or chapter two hundred and fifty-two: The provisions- of this by-law shall not apply to work performed ,for normal ® maintenance or improvement of lands in agricultural use as of the effective date of this by-law. 7. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision thereof. Conservation Commission ARTICLE 15. To see what sum the Town will raise by borrowing or from the tax levy or transfer from available funds or otherwise, to be used in conjunction with funds previously appropriated by the Town for the purpose of completing the concrete repair work and construction at Reading Memorial High School, or take any other action with respect thereto. School Construction Committee ARTICLE 16. . To see if the Town of Reading will vote to amend Article III of the General By-Laws by addingin the second sentence of Section 2 the words "each member of" before the words "the Board of Selectmen" so that the second sentence of Section 2 shall read "An Appointment Committee consisting of the Moderator, each member of the Board of Selectmen and the Chairman of the Finance Committee, chaired by the Moderator,shall appoint five (5) members each year for a tern of three (3) years, the terms of said members to expire on the first day of July. _ By-Law 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 November 13, 1979, 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 day of October, 1979. q, - James Sulli an, 7r.r, y2/2 _zz GZLt-L� Z rM7arvin M.Rosenthal /Jt, 2—; a� ci Maureen T. O'Brien SELECTMEN OF READING A true copy. Attest: Sally M. Hoyt Constable - READING MEMORIAL HIGH SCHOOL 62 OAKLAND ROAD n. READING, MASSACHUSETTS 01867 LEONARD F.D'ORLANDO prmdpnl READING PUBLIC SCHOOLS ADMINISTRATIVE OFFICE S ROBERT S.WELLS, Ed.U. 944-8]00 SUPERINTENDENT GUIDANCE OFFICE 9444677 — 9444309 - - - October 2, 1979 Board of Public Works 16 Lowell Street Reading, Mass. Dear Sirs: We are requesting permission to re-install to low cable elements of the Project Adventure Course located in the area between the Field House and the tennis courts for use from November 1 to December 23, with the fol- lowing safety modifications: 1. Low cables will be painted with florescent paint to increase visibility. the 2. Snowfencing will be set up to block/short-cut through cable area as shown in the diagram: oth•�x,,l To make the high wires of the two-line bridge more inaccessible to unsupervised individuals, we will remove the two lowest plugs on the tree. Thank you for your cooperation and assistance with this project. Sincerely yours, Susan E. Sellers Assistant Principal SES:cs r cc: Mr. D'Orlando