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HomeMy WebLinkAbout1972-03-20 Annual Town Meeting Minutes 1 u ANNUAL TOWN MEETING Reading Memorial High School Auditorium March 20, 1972 The meeting was called to order by the Moderator, Kenneth C. Latham, at 7:45 P. M. The invocation was given by Rev. Kevin McAndrews of St. Athanasius Church. The newly elected Town Meeting Members were sworn in by the Moderator. The Warrant was partially read by the Town Clerk when on motion of Robert S. Cummings, it was voted to dispense with further reading of the Warrant, except the Constable's Return, which was then read by the Town Clerk. ARTICLE 2. Robert S. Cummings requested the Town Meeting Body to adopt a Resolution congratulating Kenneth C. Latham, Moderator, on his selection as "Man of the Year°. It was voted unanimously that the fol- lowing Resolution be adopted: RESOLUTION WHEREAS, Kenneth C. Latham served the Town of Reading as Selectman from 1942 to 1957, and WHEREAS, Kenneth C. Latham has served as Moderator of the Town of Reading since 1957, and WHEREAS, in these capacities Kenneth C. Latham has given untiringly of his time and has provided the Town with dedicated and inspired leadership, and WHEREAS, on March 18, 1972, Kenneth C. Latham was honored by being designated as Reading's Man of the Year at a dinner given in his honor, NOW, THEREFORE, the Citizens of the Town of Reading, acting through this Town Meeting, do hereby congratulate Kenneth C. Latham on his selection as the Man of the Year and do hereby ex- tend to him their expression of deep gratitude for his thirty years of faithful service to our Town. ARTICLE 2. Robert S. Cummings, Chairman of the Board of Selectmen, gave an informal report on the layout of the Annual Warrant for 1972. ARTICLE 2. The following report was read by Philip R. White, Jr. , Chairman of the Reading Housing Authority: The Reading Housing Authority was established on September 17, 1965, under the provision of Chapter 121 of the General Laws of the Common- wealth of Massachusetts. In December of 1967 it completed fortj, (40) apartments of Housing for the Elderly on Frank D. Tanner Drive and com- pleted another forty (40) apartments in February of 1970. While these apartments filled a great need for the elderly of low income, it was realized that these people and the elderly living throughout the town in their own homes also needed creative and meaning- ful activities to counteract depression due to loneliness and the feel- ing of being more or less out of the mainstream of life. The Recreation Building of the Housing for the Elderly with its attractive space and facilities and located in the midst of over eighty (80) elderly people, was an ideal location to start what has been called the "Reading Housing Authority. Community Program for the Elderly". This program has been open to any resident of Reading sixty-five (65) years e , of age or older. This was done with the approval and encouragement of the Commonwealth of Massachusetts with the Housing Authority providing only the use of its Recreation Building and other facilities. None of its funds either from rents or subsidies have ever been used for the program. The program has been operated under a Title III Federal Grant, which has provided roughly half of the necessary funds. This grant, which runs for three years, will expire on March 31, 1972. The balance of the funds has been provided by contributions from loca.ybrganizations and individuals and from the proceeds of the "Tannerville Fair" held in October for the past three years. These fairs were initiated and are run by the elderly themselves because they want to keep the program going; and while they are unable to make financial contributions, they are happy to contribute their time and effort in making articles for sale, many of them things they have learned to make in the classes. Annual Town Meeting March 20, 1972 177 While the Title III Funds were not received until April 1, 1969, the program really started in a small experimental way in September of 1968. It has grown until now there are nineteen (19) classes with about one hundred and twenty (120) 0£ the elderly participating, some of them tak- ing more than one class. Several of the churches are providing rooms for some of the classes, as the program has outgrown the space and time avail- able at the Housing for the Elderly. Current classes held from September through June are as follows: Library Group Rug Hooking and Braiding Knitting Classes (2) Crewel Embroidery Oil Painting Classes (4) Contract Bridge Ceramics Classes (5) Forum Discussion Group Variety Crafts Classes ( 2) Current Affairs Group Most of the classes are replacedduringthe summer by five early evening Special Summer Activities, including cook-outs, games, Square Dancing, and programs by such organizations as The Colonial Chorus and The Quannapowitt Players Other activities of the program include the following: Three ( 3) all-day bus trips during the warmer months. Thanksgiving Dinner for approximately one hundred and sixty (160) people. Volunteer Visitation Program for shut-ins. Volunteer transportation of various types. Publication of "Elderberries" newsletter twice a year. Theatre parties. "Y" van trips to shopping centers each Thursday. Programs under discussion for the future are meals to elderly shut-ins, a hot lunch program at a central point, and a Health and Consultation Pro- gram in cooperation with medical and health organizations such as the Combined Visiting Nurses Association. Originally an Advisory Committee of twelve (12) persons was formed to make recommendations to the Housing Authority regarding the program, but as time passed it developed that the membership of the committee for the most part were also members of the Council on Aging. Under this cir- cumstance, it was decided to dissolve the Advisory Committee and designate the Council on Aging as the Advisory Committee and it has been acting in that capacity for over a year now. Since such programs throughout the state are usually run by Councils on Aging, and since there is now a movement afoot to provide federal fund- ing when applicable on a regional basis rather than to individual organ- izations, the Reading Housing Authority and the Council on Aging have agreed that after the present Title III Funds expire, the name of the pro- gram will be changed to simply "Community Program for the Elderly" and that its operation be transferred to the management and direction of the Council on Aging. In conclusion, the Reading Housing Authority, in the operation of its project, sensed the need for such a program. Therefore, the Author- ity undexhook the establishment of such a program, and acknowledges that this program would not have been possible without the contributions of interested local/organizations and individuals and without the willingness of many people to participate on a volunteer basis. The Authority knows that the program has made and continues to make a large contribution to the happiness and usefulness of our elderly citizens. Therefore, even though the program is to be run by the Council on Aging, the Authority will , so long as permitted by the Commonwealth, con- tinue to contribute the facilities in its Recreation Building, plus the maintenance services and utilities for the programs held there. 1 b Annual Town Meeting March 20, 1972 The Authority urges you to support the Council on Aging in main- taining the community program for the elderly at least at its present level and to consider ;increasing this program which has proven worth- while in encouraging and maintaining the creativity and vitality of our elderly citizens. Reading Housing Authority Philip R. White, Jr. , Chmn Edouard N. Dube Gilbert M. Lothrop Nathalie C. Beaton Charles Stratton On motion of Robert S. Cummings it was voted to accept report as a report of progress. ARTICLE 2. The following report was read by Nathan C. White, Chairman, Board of Public Works, relative to the Refuse Incinerator: The Incinerator is now operational , and is approximately 98% com- plete. On March 13 the contractually prescribed 30-day operational test period started. All rubbish which is picked up by the Department of Pub- lic Works collectioncrews is now going through the incinerator. All major components of the plant appear to be functioning well. As the result of one full week of operation it appears that the capacity of the plan exceeds contractually specified values. It is expected that during the current 30-day test period all required "de-bugging" will be completed. This effect has been substantial, and was in process well be- fore the start of the operational test period. At the end of the opera- tional test period a formal acceptance of the completed plant will be run. This test is to establish that the plant meets all contractual re- quirements relative to capacity, operational standards, and antipollu- tion criteria. Some garbage is now being collected and incinerated. Current plans call for Department of Public Works collection and incineration of com- bined garbage and rubbish from all existing collection routes starting 30 days after completion of acceptance tests of the plant. Construction time for the incinerator has substantially exceeded original plans. Costs, however, have been essentially as expected, and dollar allowances for contingencies were more than required. It now ap- pears that the original appropriations and bond proceeds are more than adequate to complete all required plant construction. Board of Public Works Nathan C. White, Chmn Donald E. Florence William H. Watt Lawrence R. Blood Malcolm E. Reed On motion of Robert S. Cummings it was voted to accept report as a report of progress. ARTICLE 2. The following report was read by Melvin E. Jones for the Planning Board: There is an old New England adage that is stated in various forms, but in essence says the following: "If you don't like the weather, wait a minute, it will change". Our environment has evolved substantially since the advent of this adage. It appears that this old sayicould now be expanded slightly to read: "If you do or do not like ang hin , wait a minute, it will change". This saying can now be applied to prac- tically every condition of our lives, not only the New England weather. Alvin Toffler, author of the book Future Shock, states that the single most important aspect about life in the future that we humans are not ready to cope with is the accelerating rate of change. The frequently used term "the rat race" is based upon this factor of our lives. Nothing, literally nothing, is not subject to change. We see it every day alter- ing the very roots of our "sacred cows" - the family, religion, govern- ment, political and social concepts and on and on. So much for the philosophical comments, you may ask "What has this got to do with the Planning Board's function in Reading?" Perhaps plenty: Annual Town Meeting March 20, 1972 179 The very name of this municipal board implies a responsibility to be constantly looking into the crystal ball to see what changes will be needed in Reading to provide for future needs. However, the Planning Board cannot act alone. This must be an effort of all agencies of Town Government. In 1961, a Master Plan was completed for the Town. A recent review of the implementation of recommendations carried in the 1961 Master Plan indicates that the "batting average" of the Master Plan is low. What are the causes of the poor acceptance of a document which in 1961, was intended to be the by-line for planning for the Town? The causes are many, but the more apparent causes can be listed as follows: 1. THE TRADITIONAL PLANNING APPROACH HAS BEEN, TO A LARGE EXTENT, SUPERFICIAL. Sound planning requires an in-depth understanding of each of the many variables which affect change. Historically, training of planners has been to provide each planning student with a formal back- ground in many disciplines. We are now seeing planning groups evolve which consist of many people, Each member of the team being highly specialized in a specific discipline and contributing to the total team effort through a project manager. This approach provides the proper mix of all factors of the problem. 2. THE MASTER PLAN HAS NOT BEEN DYNAMIC. Sound planning must re- flect the winds of change. The traditional master plan has been a snap- shot of conditions current at the time of prepgration. As changes occur, the plan must be continuously re-evaluated andAmodified plan developed. 3. THE MASTER PLAN HAS GENERALLY NOT BEEN ENDORSED BY TOWN BODIES AS THE DOCUMENT FOR FUTURE PLANNING. In order to be effective and pro- vide motivation for continued re-evaluation, a Master Plan must be endorsed by at least a consensus of the town administrative and legislative bod- ies. All ;town bodies should provide impetus to the preparation and im- plementationof a Master Plan. If a proposal is not acceptable to the majority, it should not go to print as the "Master Plan for the Town of Reading". Unilateral planning by a single town body, even in the name of the Planning Board, is politically naive and frequently unrealistic toward the goal of implementation. Based upon the above criticisms, one might infer that the Planning Board is of the opinion that planning is hopeless and only leads to frustration - not so. On the contrary, your Planning Board thoroughly believes that sound planning is an absolute necessity to the future well- being of Reading, not "head in the sand" planning, not planning by only one town agency, but planning which provides options for future contingen- cies based upon input from all the agencies of town government. WHAT DOES THE PLANNING BOARD PROPOSE? You may recall that at the 1970 Town Meeting, the Board noted in its report of progress, that our five-year projections for expenditures included an anticipated expendi- ture for engaging a planning consultant to update the Master Plan. Well last year, the Town was, and no doubt still is, austere and the Board was "gun-shy" with respect to requesting funding. We are not asking for the funding at this annual meeting either. However, we are asking for the support of all of the Town' s administrative and legislative bodies to- ward creating a new Master Plan. HERE IS OUR PROPOSAL 1. During 1972, in preparation for requesting funding for the 1973 annual Town Meeting, the Planning Board will be requesting meetings and interviews with each of the Town' s administrative bodies. The primary purpose of the interviews will be to establish a preliminary scope of work for a new Master Plan. The Board's questions will initially be gen- eral in nature, such as - "What studies should be incorporated in a Master Plan that will be helpful to future decisions of your Board?" 2. Toward the end of calendar year 1972, the Planning Board will get the scope of work and interview planning consultants to establish a bud- get estimate to be submitted to the Finance Committee for consideration. 160 Annual Town Meeting March 20, 1972 3. At. the 1973 Town Meeting, the Board will request funding for a comprehensive study. Assuming that such funding will be forthcom- ing, the Board will then proceed to work with the selected planner in conjunction with other Town Boards toward the development of a compre- hensive Master Plan. THE BOARDS PRELIMINARY THOUGHTS ON THE ATTRIBUTES WHICH THE SELECTED PLANNER MUST HAVE INCLUDE: 1. The consultant must have in-house or on-going access to multi disciplines, including engineers, attorneys, economists, sociologists, law enforcement personnel, architects, financial advisors, biologists, chemists, etc. 2. The consultant must have a proven "track record" in plan prep- aration and implementation. This will be determined by contacting refer- ences. 3. The consultant must have the ability to not only prepare a Master Plan, but also to assist the Town in the implementation of the initial and on-going recommendations. 4. The consultant must have a good understanding of Massachusetts government and the interrelationship of State and Town government. Reflection on the above comments leads one to readily recognize that the costs involved in the preparation of a dynamic Master Plan are not cheap. The Board will investigate federal and state funding pro- grams to assist in financing. In closing, we may say that cheap plans are just that - CHEAP! Reading Planning Board Melvin E. Jones Andrew B. White William H. Parker, III Edward J. Taylor, Jr. William E. Clark On motion of Robert S. Cummings it was voted that report be accepted as a report of progress. ARTICLE 2. The following report of progress was read by Eben W. Mick, Chairman of the Junior High School Construction Committee: The committee was appointed by the Town Moderator on June 1, 1970, for the construction of additions and alterations to the Parker Junior High and other existing Elementary Schools as requested by the School Committee. The committee received Educational Specifications for additions to the Barrows and Birch Meadows Schools dated October 6, 1970. The speci- fications were later revised due to a meeting with the Department of Education, School Building Assistance Bureau, 182 Tremont Street, Boston, Massachusetts. The committee contacted twenty ( 20) architects and interviewed eight (8) and selected Korslund, LeNormand and Quann, Inc. of Norwood, Massachusetts. The committee requested the sum of $20,000.00 for preliminary plans at the Special Town Meeting on November 23, 1970. The motion was amended, to $2,000.00 and was defeated by a vote of 43 to 113. A motion for fur- ther reconsideration was defeated by a vote of 67 to 68. This committee was directed by a motion made at the annual Town Meeting of March 22, 1971 , by Donald R. Walker that the Junior High School Construction Committee established under Article 67 of the annual Town Meeting be instructed to proceed with studies of alternatives to meet Reading school facility needs with particular emphasis on the need for space to accomodate a public Kindergarten program by September, 1973, and that said committee report its findings at the next special Town Meeting together with any requests for planning funds it deems necessary. The above motion was voted 106 to 35. Annual Town Meeting March 20, 1972 1 The following alternatives have been studied and are summarized as follows: 1. Portables A. 14 Portable Classrooms - to permit absorption of Kindergartens into school system. $280,000.00 Site & Utilities (4 different locations) 28,000.00 Total $308,000.00 2. Additions ' A. Barrows School - 10 Classroom Addition Building construction 15,000 sq.ft. @ $40.00 per sq, ft. $600,000.00 Site Development 30,000.00 Architect & Engineer Fees 50,000.00 Equipment & Furnishings 30,000.00 Contingencies & Clerk of the Works 45,000.00 Sub-Total $755,000.00 B. Birch Meadows School - 4 Classroom Addition Building Construction 6,000 sq. ft. 0 $40.00 per sq. ft. $240,000.00 Site Development 30,000.00 Architectural & Engineer Fees 23,000.00 Equipment & Furnishings 10,000.00 Contingencies & Clerk of the Works 25,000.00 Sub-Total #328,000.00 Total $1,083,000.00 ' 3. 22 Classroom Elementary School (Dividence Rd. Site) Building construction 55,000 sq. ft. ® $32.00 per sq. ft. $1, 760,000.00 Site Development 200,000.00 Architectural & Engineer Fees 140,000.00 Equipment & Furnishings 250,000.00 Contingencies & Clerk of the Works 75,000.00 Total $2,425,000.00 4. New Middle School Housing 500 Pupils Building construction 85,000 sq. ft. $32.00 per sq. ft. $2,720,000.00 Site Development 250,000.00 Architectural & Engineer Fees 200,000.00 Equipment & Furnishings 465,000.00 Contingencies & Clerk of the Works 110,000.00 Total $3,745,000.00 Note: The critera used in preparing construction cost estimates are rather complex. At this point, there are unknown factors such as site conditions, availablility of utilities such as sewer, water, etc. , all of which have a direct bearing on final con- struction costs. Revisions may also be required to meet the standards of the Department of Public Safety and School Building Assistance Bureau when alterations are made to existing buildings. Funds would be required to make a more refined estimate of the above alternatives. ,or any selected Preliminary planning coats, including borings, topographic survey, committee expenses, etc. , are as now estimated. P32 2 Annual Town Meeting March 20 , 1972 A. Birch Meadows School - 4 Classroom Addition $8,800.00 B. Barrows School 0 10 Classroom Addition 9,500.00 C. 22 Room Elementary School (Dividence Rd. Site) 15,000.00 D. Middle School - The School Committee indicated further stud- ies of this alternative was not warranted at this time. Junior High School Construction Committee Eben W. Mick, Chairman On motion of Robert S. Cummings it was voted that report be ac- cepted as a report of progress. On motion of Robert S. Cummings it was voted to lay Article 2 on the table. ARTICLE 3. On motion of Fred C. Kenney, Jr. , it was voted that the following persons be chosen to serve as Measurers of Lumber for the ensuing year: Harold B. Currell Irving E. Dickey, Jr. and that the following persons be chosen to serve as Measurers of Wood and Bark for the ensuing year: Harold B. Currell Irving E. Dickey, Jr. ARTICLE 3. On motion of Robert M. Graham, as amended by Robert S. Cummings, it was voted that the respective Town Boards, Departments, Commissions and Officers to whom Town land, buildings and or equipment are entrusted, to promulgate regulations for the use of same; to cause these regulations to be properly posted annually, not including statu- tory posting and to make an Officer's Return to the Town Clerk, Police Chief, School Superintendent, Town Counsel , and to the head of each - Department, Board, Commission, or Officer, these actions to be completed by July 1, 1972, and those regulations requiring posting, be so posted. On motion of Robert S. Cummings it was voted to lay Article 3 on the table. ARTICLE 4. On motion of Robert S. Cummings it was voted to lay Article 4 on the table. ARTICLE 5. Carl H. Amon, Jr. moved that the General By-Laws of the Town of Reading be amended as follows: 1. Repeal Articles L through XVIII inclusive, and to substitute therefor the following: ARTICLE I Town Meetings Section 1. The Annual Town Meeting shall be held on the first Saturday of March of each year for the election of Town Officers and for such other matters as are required by law to be determined by bal- lot. Section 2. All business of the Annual Town Meeting, except the election of such officers and the determination of such matters as are 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 after the first Saturday of March. Section 3. The polls for the Annual Town Meeting shall be opened at 8:00 A. M. and shall remain open until 7:00 P. M. Section 4. Adjourned sessions of every annual Town Meeting, after the first such adjourned session provided for in Section 2 of this Arti- cle, shall be held on the following Thursday at 8:00 P. M. and then on the following Saturday at 9:00 A. M. and on consecutive Mondays, Thurs- days and Saturdays unless a resolution to adjourn to another time is adopted by a two-thirds (2/3) vote of. the Town Meeting Members present and voting. Annual Town Meeting March 20, 1972 183 Section 5. The Board of Selectmen shall give notice of the Annual Town Meeting by causing an attested copy of the Warrant calling the same to be posted in at least three ( 3) public places in each precinct of the Town not less than fourteen (14) days prior to each meeting and either by causing such attested copy to be published at least fourteen (14) days prior to the time of holding such meeting, 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. Section 6. The Board of Selectmen shall give notice of each Special Town Meeting by causing an attested copy of the Warrant calling for same to be posted in at least three ( 3) public places in each precinct of the Town not less than seven ( 7) days prior to each meeting, and either by causing such attested copy to be published at least seven (7) days prior to the time of holding such meeting, in a newspaper published in the Town, or by mailing an attested copy of said Warrant to each Town Meet- ing Member at least seven ( 7) days prior to the time of holding said meeting. Section 7. All articles for the Annual Town Meeting shall be sub- mitted to the Board of Selectmen not later than 8:00 P. M. on the sec- ond Monday of January of the year for the Annual Town Meeting in which action thereon is to be taken. Section 8. The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately deliver a copy of such Warrant to each member of the Finance Committee. Section 9. Any representative Town Meeting held under the provi- sions of Chapter 7 of the Acts of 1943 shall be limited to the Town Meet- ing Members elected under Section 3 thereof, together with the Moderator, Chairman and Vice Chairman of the Finance Committee, Chairman of the Personnel Board, Chairman of the Board of Selectmen, Chairman of the School Committee, Chairman of the Board of Public Works, Chairman of the Trustees of the Public Library, Chairman of the Planning Board, Chairman of the Board of Cemetery Trustees and Chairman of the Light Board who are designated as Town Meeting Members at large. Any Town Meeting Memberwho is both an elected member and a member-at-large shall be en- titled to only one vote on each question or motion submitted to the con- sideration of the Town Meeting. ARTICLE II Conduct of Town Meetings Section 1. In the conduct of all Town Meetings the following rules Shall be observed: Rule 1 All articles on the Warrant shall be taken up in the order of their arrangement in the Warrant unless other- wise decided by a majority vote of the Members present and voting. Rule 2 Every person shall stand when speaking, shall respect- fully address the Moderator, shall not speak until rec- ognized by the Moderator, shall state his name, shall confine himself to the question under debate and shall avoid all personalities. Rule 3 No person shall be privileged to Epeak or make a motion, until after he has been recognized by the Moderator. Rule 4 No Town Meeting Member or person shall speak on any question more than ten (10) minutes without first ob- taining the permission of the meeting. No Town Meet- ing Member or person shall speak more than once on any question until all others who desire to speak have spoken. Rule 5 No speaker at a Town Meeting shall be interrupted except by a Member making a point of order or privileged motion or by the Moderator. Rule 6 The Moderator shall decide all questions of order sub- ject to appeal to the meeting, the question on which ap- peal shall be taken before any other. Rule 7 When a question is put, the sense of the meeting shall be determined by the voices of the Members and the Moderator shall declare the vote as it appears to him. 184 Annual Town Meeting March 20, 1972 If the Moderator is unable to decide the vote by the sound of the voices, or if his decision is immediately questioned by seven ( 7) or more Members, he shall deter-.i : mine the question by ordering a standing vote or a show of hands and he shall appoint tellers to make and return the count directly to him. On request of not less than twenty ( 20) Members a vote shall be taken by roll call. Rule 8 On all articles involving the expenditure of money the Moderator shall first recognize the Chairman or Vice Chairman of the Finance Committee for the purpose of making the original main motion. Rule 9 All original main motions having to do with the expendi- ture of money shall be presented in writing and all other motions shall be in writing if so directed by the Moderator. Rule 10 No motion shall be received and put until it is seconded. No motion made and seconded shall be withdrawn if any Member objects. No amendment not relevant to the sub- ject of the original motion shall be entertained. Rule 11 When a question is under debate no motion shall be in order except (1) to adjourn, (2) to lay on the table or pass over, (3) to postpone for a certain time (4) to com- mit, (5) to amend, (6) to postpone indefinitely, or (7) to fix a time for terminating debate and putting the question, and the aforesaid several motions shall have precedence in the order in which they stand arranged in this Rule. Rut* 12 Motions to adjourn (except when balloting for offices, and- when votes are being taken) shall always be first in order. Motions to adjourn, to lay on the table and to take from the table shall be decided without debate. Rule 13 The previous question shall be put in the following form or in some other form having the same meaning: "Shall the main question now be put?" , and until this question is decided all debate on the main question shall be sus- pended. If the previous question be adopted the sense of the meeting shall immediately be taken upon any pend- ing amendments, in the order inverse to that in which they were moved, except that the largest sum or the long- est time shall be put first, and finally upon the main question. Rule 14 The dutiesof the Moderator and the conduct and method of proceeding at all Town Meetings, not prescribed by law or by the Rules set forth in this Article, shall be de- termined by the rules of practice set forth in Robert's Rules of Order Revised, so far as they may be adapted to Town Meetings. Rule 15 All committees shall be appointed by the Moderator unless otherwise ordered by a vote of the Members present and voting. Rule 16 When the final report of a committee is placed in the hands of the Moderator it shall be deemed to be received and a vote to accept the same shall discharge the com- mittee, but shall not be equivalent to a vote to adopt it. Rule 17 A majority of the Town Meeting Members shall constitute a quorum for doing business. Section 2. It shall be the duty of every Town Officer, and the duty of every elected or appointed Town Board or Committee by a member thereof, to be in attendance at all Town Meetings for the information thereof while any subject matter is under consideration affecting such Officer, Board or Committee. - Section 3. All Committees shall report as directed by the Town Meeting. If no report is made within a year after the appointment, the Committee shall be discharged unless, in the meantime, the Town Meeting grants an extension of time. Annual Town Meeting March 20, 1972 1 S 5 Section 4. A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed. A motion to reconsider shall not be made at a session subsequent to the session at which the vote was bassed, unless the mover, at the ses- sion of the meeting at which the vote was passed, has given notice of his intentions to make such a motion at the next following session. There can be no reconsideration of a vote once reconsidered, or after a vote not to reconsider. No article in the Warrant shall again be taken •ak� into consideration after it has been disposed of unless ordered by vote of two-thirda (2/3) of the votes present. Prior to the vote on a motion to adjourn a session of a Town Meeting, the Mod- erator shall inquire of the Meeting whether any member desires to give notice of his intention to move reconsideration of any vote passed at that session in accordance with the provisions of this By-Law. Section 5. Notice of every vote to be reconsidered at an adjourned town meeting shall be posted by the Town Clerk in two conspicuous pub- lic places in each precinct of the Town as soon as possible after ad- journment, and he shall , if practicable, at least one day before the time of the next following session of said adjourned meeting, publish such notice in some newspaper published in the Town. Said notice shall include the vote to be reconsidered and the place and time of the next following session of said adjourned meeting. Section 6. Any registered voter of the Town may speak at a Town Meeting, having first identified himself to the Moderator as a regis- tered voter of the Town. No registered voter shall speak on any ques- tion more than five minutes without leave of the Town Meeting. Regis- tered voters shall be given the privilege of speaking at Town Meetings only after all Town Meeting Members who desire to speak upon the question under consideration have first been given an opportunity to do so. Officers and Board and Committee Members who are not Town Meeting Mem- bers shall have the same right to speak, but not to vote, as Town Meet- ing 14embers on all matters relating to their Office, Board or Committee. Section 7. Any person having abonetary or equitable interest in any matter under discussion at a Town Meeting and any person employed by another having such an interest, shall disclose the fact of his interest or his employer' s interest before speaking thereon. ARTICLE III Finance Committee Section 1. There shall be a Finance Committee consisting of fif- teen (15) voters of the Town. Eight (8) members of such committee shall constitute a quorum. No member of the Finance Committee shall be a Town Officer, member of an elected Board or Committee, or employee of the Town. A member of the Finance Committee can be an elected Town Meeting Member. Section 2. The members of the Finance Committee who are in office at the time this By-Law becomes effective shall hold office until the expiration of the term for which they were appointed. The Moderator shall appoint five (5) members each year for a term of three (3) years, the terms of said members to expire on the first day of May. No Finance Committee member shall serve for more than three ( 3) terms. Any vacancy on the Committee shall be filled by the Moderator. Section 3. Any member of the Finance Committee who shall be ap- pointed or elected to any Town Office, board or other committee, shall forthwith upon his qualification in such office, and any member who shall move from the Town shall upon such moving, cease to be a member of said Committee. Section 4. If any member of the Finance Committee is absent from three ( 3) or more successive meetings of the Finance Committee the other members of the Committee may by an affirmative vote of its majority re- quest the Moderator to remove such absenting member from his membership and the Moderator may thereafter so remove such member and shall notify him by mail of such removal. Section 5. The Finance Committee shall annually appoint a Clerk of the Committee who shall not be a member thereof. The Finance Com- mittee shall meet at the call of said Clerk by May 10 of each year and shall then elect its Chairman and Vice Chairman. 186 Annual Town Meeting March 20, 1972 Section 6. The Finance Committee shall consider all matters of business included within the Articles of any Warrant, which in- volve the expenditure, appropriation and raising or borrowing of money. Section 7. The Finance Committee shall make a written recommen- dation on all Articles that it has considered, and the Town Clerk shall mail said written recommendations to each Town Meeting at least seven ( 7) days prior to the second Monday after the first Saturday of March and four (4) days in advance of any Special Town Meeting. The said recommendations should be those of a majority of the entire Committee, but recommendations may also be made by a minority of said Committee. The Committee's report shall also state the total amount of appropriations recommended by it on the entire Warrant and *he ap- proximate tax rate based on such recommendations. Section 8. The Finance Committee, or its duly authorized agents, shall have authority at any time to, and upon the petition of one hun- dred citizens of the Town or a vote of the Town Meeting shall, investi- gate at once the books, accounts, records and management of any Office, Board or Committee of the Town and to employ such expert and other as- sstants as it may deem advisable for that purpose; and the books, rec- ords andaccounts of any Department and Office of the Town shall be open to the inspection of the Committee and any person employed by it for that purpose. The Committee shall have no power to incur any ex- penses payable by the Town without authority for such expenses having first been obtained from the Moderator and such expenses shall be paid from. the Finance Committee Reserve Fund. Section 9, The Finance Committee in making its report upon any subject referred to it shall arrange the report in clear and compact form and shall divide it into separate propositions whenever in its judgment such divisions may be desirable. The Committee shall attach to each proposition its own recommendations. Section 10. The various Town Boards, Officers and Committees charged with the expenditure of Town money shall, not later than the thirty-first day of December of each year, prepare detailed estimates of the amounts deemed by them necessary for the administration of their respective Offices or Departments for the ensuing fiscal year with ex- planatory statements of the reason for any substantial changes in the amounts appropriated for the same purpose in the preceding year. They shall also prepare estimate during the ensuing year in connection with the administration of their epartments or Offices. Such estimates and statements shall be filed b said thirty-first day of December with the Town Accountant who shal immediately deliver copies of the same to the Finance Committee. of all probable items of income which may be re- ceived TiC th IV during the ensuing year. ) Selectmen Section 1. The Board of Selectmen shall have the general direc- tion and management of the property and affairs of the Town in all matters not otherwise provided for by law or by these By-Laws. ARTICLE V Executive Secretary Section 1. The Board of Selectmen shall on or after April lst in each year appoint an Executive Secretary who shall serve under the provisions of Chapter 41, Section 23-A of the General Laws, as amended, until the following March 31st or until his successor is appointed. Section 2. He shall act by and for the Board of Selectmen in any matter which it may .assign to him relating to the administration of the affairs of .the Town or of any Town Office or Department under its super- vision and control, or, with the approval of the Board of Selectmen, may perform such other duties as may be requested of him by any other Town Officer, Board, Committee or Commission. Annual Town Meeting March 20, 1972 187 ARTICLE VI Law Committee and Town Counsel Section 1. The Chairman of the Board of Selectmen, Board of Pub- lic Works, Municipal Light Board, School Committee, Board of Health, Board of Assessors, and Planning Board shall be the Law Committee of the Town, and the Chairman of the Board of Selectmen shall be the Chairman of the Law Committee. The Law Committee shall hereafter an- nually on or before the first day of April, and whenever a vacancy shall exist, choose a competent lawyer or law firm to act as Town Counsel. The term of office of said Town Counsel shall begin on the first day of April or the date of his selection by the Law Committee and shall Continue until the following thirty-first day of March and until his successor is appointed. Section 2. The Law Committee shall have authority to employ spec- ial counsel whenever in its judgment necessity therefor arises. The compensation for said special counsel shall be determined by the Law Committee, subject to the appropriation of the Town therefor. Section 3. The Law Committee shall have authority to institute, prosecute and defend through the Town Counsel all claims, actions, and proceedings to which the Town is a party or in which any right or int- erest of the Town is involved. The Town Counsel shall not make any final settlement of any litigation to which the Town is a party unless he has been duly authorized by a vote of the Law Committee or by a vote of the Town Meeting. The Law Committee shall have the authority to com- promise and settle all suits involving the payment by the Town of Ten Thousand Dollars ($10,000) or less. A Town Meeting must approve the compromise or settlement of all suits involving the payment by the Town of more than Ten Thousand Dollars ($10,000) . Section 4. It shall be the duty of the Town Counsel to prepare or approve all bonds, deeds, leases, obligations, and other legal instru- ments to which the Town is a party or in which any right or interest of the Town is involved; to conduct the prosecution or defense of claims, actions, and proceedings to which the Town is a party, and the prosecution of actions or proceedings by or on behalf of any Town Officer, Board or Committee as such; to conduct the defense of any claim, action or pro- ceeding brought against any Town Officer, Board or Committee as such when the Law Committee, having determined that any right or interests of the Town are or may be involved therein, shall so request; to assist in the prosecution of complaints for violation of any By-Law of the Town, when requested to do so by the Board or Officer enforcing said By-Law; and, subject to the foregoing provisions of this sentence, to perform all other professional acts required of him by vote of the Town or any Board or Committee of the Town, in connection with matters concerning the Town or any Board or Committee thereof, as such, and to furnish advice and written opinions to and act for, any Town Officer who requests ad- vice, opinions, or action upon any subject relating to the duties of his office. Section 5. Immediately upon being notified by the Chief of Police, Board of Selectmen, Town Clerk, or any other Officer of the Town, of an injury to a person or property under circumstances which give rise to a claim for damages against the Town, the Town Counsel or, upon his re- quest, the said Board or Officer shall within ten (10) days make a care- ful and complete investigation of all the facts relative thereto, and in case of injuries to a person, Town Counsel shall, if practicable, im- mediately cause a physical examination of the injured person to be made by a reputable physician and such other examinations as Town Counsel de- sires. Within a reasonable time after the claim for damages for any cause has been received by the Town Counsel he shall make a written re- port to the Law Committee of the nature and circumstances of the claim, together with such recommendations regarding the same as he deems advisable. Section 6. The Town Counsel shall annually make a written report to the Law Committee concerning the professional services rendered by him during the preceding year. Said report shall contain a statement con- cerning each case settled, tried or otherwise disposed of during the year, and a statement of the status of each pending case, together with such other information and recommendations as he may deem advisable. 1 V Annual Town Meeting March 20, 1972 ARTICLE VII Board of Public Works Section 1. The Board of Public Works is hereby authorized and empowered to aid any city or town bordering upon Reading in repairing and maintaining the physical properties of water supply systems of said cities or towns under authority of Section 39H of Chapter 40 of the General Laws, as amended, and may extend such aid subject to such terms and conditions as said Board may impose. Section 2. The Board of Public Works shall establish a system for the numbering of any building on or near the line of public or pri- vate ways and shall prescribe by suitable rules and regulations the method in which such numbering shall be done. Section 3. No person shall neglect or refuse to affix to any building owned by him the street number designated for such building by the Board of Public Works or by the Building Inspector, acting in accord- ance with the numbering system and the rules and regulations established by the Board of Public Works, nor shall any person affix to or suffer to remain on any building owned or occupied by him, a street number other than the one designated for such building by the Board of Public Works or by the Building Inspector. Owners shall be allowed ten (10) days after written notice to complywith the provisions of this Section 3. Section 4. No person shall deposit in any area any liquid or solid waste materials, including garbage and rubbish, except in a dumping ground or area designated for such deposits by the Board of Health. No person shall make any such deposit in a dumping ground or area so - � designated, unless he has first obtained a permit from the Board of Pub- lic Works and unless he complies with the rules and regulations for such dumping ground or area as the Board of Public Works may from time to time establish. The Board of Public Works shall from time to time est- ablish the fees for the issuance of permits. Section 5. No person shall turn on or off the water at any water main, service pipe, hydrant, water post, drinking fountain, or other fixture or appurtenance connected with the Reading Water System or make any opening into or connection therewith without authority from the Superintendent of the Board of Public Works, except that hydrants may be used by firemen or policemen in the discharge of their duty. ARTICLE VIII Town Clerk Section 1. The Town Clerk shall keep a book which contains a true copy of all deeds and conveyances executed by the Board of Selectmen or by any other authorized Board or person. Section 2. It shall be the duty of the Town Clerk to see that every conveyance to the Town of any interest in land, and any plan thereof, is properly recorded in the Registry of Deeds. Section 3. The Town Clerk shall furnish all Boards, Committees and Officers with a copy of all votes affecting them. Section 4. Whenever any report of any Board or Committee, or any minority report thereof, is presented to a Town Meeting the Town Clerk shall cause the report to be entered in full upon the regular record of the meeting. Section 5. As soon as practicable after any election has been held by the Town, or any appointment of Committees or other officials has been made by the Town or by any Officer, Board or Committee thereof, the Town Clerk shall, in addition to the notices he is directed to give to officers who are required to take oath of office, issue a written or printed notice to all persons who have been elected to any other office or chosen to serve on any Committee, stating that office to which such persoryhas been elected, or the duties which such Committee was chosen to perform. Section 6. The Town Clerk shall cause to be permanently bound one or more copies of each Annual Town Report, which shall be kept in the Town Hall. Annual Town Meeting March 20, 1972 1 ARTICLE IX Town Collector and Town Accountant Section 1. The Collector of Taxes shall collect, under the title of Town Collector, all accounts due the Town which are committed to him. Section 2. Every department of the Town shall deliver to the Town Accountant at least once in every month a separate statement of each account due the Town arising throu§h any transaction with such depart- ment. Upon receipt of such statements of accounts the Town Accountant shall commit such accounts to the Town Collector for collection. This section shal not apply to (1) taxes and special assessments, licenses and permits issued or granted by the various departments of the Town, (2) costs and fees charged by said departments, ( 3) interest on invest- ments of sinking or trust funds, or (4) accounts due the Municipal Light Department. Section 3. Any account committed by the Town Accountant which the Town Collector is unable to collect by ordinary efforts may be referred by the Town Collector to the Town Accountant or Town Counsel for instruc- tion as to procedure. So far as permitted by law any account or portion thereof may be abated by the department in which such account originated. The Town Accountant shall be notified in writing of the abatement of any such committed account or portion thereof. Section 4. The Town Collector shall, at least once in each week, pay over to the Treasurer all money received by him during the preceding week or lesser period, including any sum received as interest on moneys received by him on all accounts committed to him and deposited in any bank. He shall give bond to the Town for the faithful performance of his duties in a form approved by the Commissioner of Corporations and Taxation and in such sum, not less than the amount that may be established by said Commissioner, as shall be fixed by the Selectmen. ARTICLE X Planning Board There shall be a Planning Board consisting of five voters of the Town who shall perform the duties prescribed in Section 70 of Chapter 41 of the General Laws, as amended. The members of this Board shall be elected by a vote on the official ballot at the Annual Town Meeting in March 1917; two members for the term of three years, two for the term of two years, and one for the term of one year. At each annual meeting thereafter, one or two members of said Board shall be elected for the term of three years as the term of office of one or two members expire. ARTICLE XI Council on Aging Section 1. The Council on Aging shall consist of the Chairman of the Recreation Committee, the Chairman of the Board of Health, the Super- intendent of Schools, or their respective representatives, and not less than three nor more than seven additional members appointed by the Board of Selectmen from the voters and residents of the Town. The Chairman of the Council shall be designated from time to time by the Board of Sel- ectmen. Appointees shall hold office until successors are designated. The Council may appoint such clerks and other employees as it may require. Section 2. It shall be the duty of the Council to carry out pro- grams designed to meet problems of the aging in co-ordination with pro- grams of the Commission on Aging establshed under Section 73 of Chapter 6 of the Massachusetts General Laws. ARTICLE XII Gas Inspector Section 1. The Board of Selectmen shall appoint annually on or be- fore April 1 a Gas Inspector, who shall hold office for a term expiring on the thirty-first day of March in the following calendar year and until his successor is appointed and qualified. His compensation shall be de- termined by the Board of Selectmen, subject to the appropriation of the Town therefor. He shall have the qualifications imposed by Section 3-0 of Chapter 143 of the General Laws, and his duties shall be as prescribed in said Section 3-0. The Gas Inspector may, so far as is necessary for 190 Annual Town Meeting March 20, 1972 the performance of his duties, enter any building within the Town at any reasonable hour. Section 2. The Board of Selectmen may at any time appoint, for such term as it may determine, one or more assistant gas inspectors to act in the absence or disability of the Gas Inspector and, while so acting, each of them shall have and may exercise all of the powers and duties of the Gas Inspector. Assistant gas inspectors shall have the same qualifications as herein above set forth for the Gas Inspector. Section 3. The Gas Inspector shall not inspect any building in which he has an interest or has installed or furnished any equipment or material. With respect to any such building, the Board of Selectmen shall designate an assistant gas inspector or shall appoint a disin- terested substitute gas inspector, with all the powers and duties of the Gas Inspector; and the compensation paid to such assistant or sub- stitute in such case shall be deducted from the salary of the Gas In- spector. ARTICLE XIII Town Reports and Records Section 1. All Town Officers, Boards and Committees shall file an annual report of their doings with the Board of Selectmen on or before January 15th of each year and the Board of Selectmen shall cause such reports to be included in the Annual Town Reprot. Section 2. The Board of Selectmen shall have the printed Annual Town Report ready for distribution not later than February 21st of each year and the Town Clerk shall mail a copy of said Town Report to each Town Meeting Member with the copy of the Finance Committee recommendations. Section 3. Each Town Board and Committee shall cause records of its proceedings to be kept, and such records, excepting as otherwise provided by law, shall be public records. Section 4. The Board of Assessors shall publish for general cir- culation its valuation lists for real estate for the year 1973 and every second year thereafter. The Board of Assessors shall establish reasonable fees for the sale of said lists. After the publication of the list for the year 1973, lists for subsequent years shall be printed in not less than the same quantity as the number sold of the .preceding published valuation list. Section 5. There shall be included as an integral part of the Annual Town Report every year the Board of Assessors' records of abate- ments on real estate taxes, other than statutory exemptions as defined by General Laws, Chapter 59, Section 5, such records to include the name and address of the taxpayer, the location of the property, and the total sum of money abated. Section 6. The vote of each Town Meeting Member on all roll call votes recorded at a Town Meeting shall be included in the Annual Town Report. ARTICLE XIV Streets, Hiahways,and Public Property Section 1. No person shall place or cause to be placed any ob- struction in any street, public place, or private way in the Town with- out the permission of the Board of Public Works. Section 2. No person shall form or conduct any parade in any street, sidewalk or public way within the Town, or form or conduct for the purpose of display or demonstration, any procession or assembly of people, except a military or funeral parade or procession, within suc¢ street, sidewalk or way, without first obtaining a written permit from the Board of Selectmen; and no person shall take part in any such parade, procession or assembly which is not authorized by such a permit. The application for such a permit shall .identify (1) the person or organiza- tion seeking to conduct the parade and the parade chairman who will be responsible for its conduct, (2) the proposed date, starting and termina- tion time, and route of the parade, (3) the approximate number of persons, animals and vehicles, and the type of animals and vehicles, to be in the Annual Town Meeting March 20, 1972 parade, (4) the location of any assembly areas and the time units will begin to assemble at such areas, and (5) the intervals of space to be maintained between the parade's units. The applicant shall pro- vide such further information as the Board of Selectmen shall find rea- sonably necessary for a fair determination as to whether a permit should be issued. The application shall be accompanied by payment of a fee of Five Dollars ($5.00) which .shall be non-refundable. The Board of Selectmen shall issue a permit unless it finds that the conduct of the parade is reasonably likely to (1) cause injury to persons or property, provoke disorderly conduct, or create a disturbance, (2) interfere unduly with proper fire and police protection for, and ambulance service to, areas contiguous to the proposed line of march or other areas in the Town, or ( 3) substantially interrupt the safe and orderly movement of other traffic contiguous to the parade route. The Board of Selectmen shall promptly notify the applicant of its deci- sion, including the terms of the permit issued or the reasons for any denial or revocation of such a permit. Immediately upon the issuance of a paracJe permit, the Board of Selectmen shall send a copy thereof to the Police Chief, Fire Chief, Board of Public Works, and Town Counsel. Section 3. The Superintendent of the Board of Public Works, for the purpose of removing or plowing slow or removing ice from any way within the limits of the Town and from the Town parking areas and from any other land owned or used by the Town, may remove or cause to be re- moved to some public garage or other convenient place, any vehicle parked upon such highway, parking area, or land and interfering with such work, and the storage charges and other cost of such removal shall be borne and paid by the owner of the vehicle. Section 4. No person shall move or remove snow or ice from private lands upon any public street, sidewalk or common land of the Town in such a manner as to obstruct or impede the free passage of vehicular or pe- destrian traffic upon the street, sidewalk or common land of the Town unless he has first obtained a permit therefor issued by the Board of Public Works. Section 5. No person shall, during the period from November 15 to April 15, inclusive, discharge or pipe, or cause to be discharged or piped, any ground water onto a public way or sidewalk within the limits of the Town unless he has first obtained a permit therefor issued by the Board of Public Works. Section 6. No person shall make or construct a driveway or other means of access or exit for motor vehicles on to a public way or across a sidewalk unless he has first obtained a permit therefor issued by the Board of Public Works. Section 7. No person, except the duly authorized agents and em- ployees of the Town, shall carry in or through any of the public streets or ways of this Town any rubbish, garbage, offal, contents of cesspools, or other offensive substances, unless the person so carrying the same shall have secured a permit therefor from the Board of Health, which permit may be issued by said Board upon such terms and conditions as it may determine. Any rule or regulation hereafter adopted by the Board of Health under this Section shall be published at least once in a newspaper, if any,published in the Town, otherwise in at least one newspaper of general circulation in the Town. Section 8. Any person who intends to erect, repair or take down any building abutting on any way which the Town is obliged to keep in repair and desires to make use of any portion of said way for the pur- pose of placing thereon building materials or rubbish, shall give not- ice thereof to the Board of Public Works and thereupon the Board of Public Works may grant a permit to occupy such portion of said 'way, to be used for such purpose as in its judgment the necessity of the case demands and the security of the public allows. Such permit shall in no case be in force longer than ninety days and shall be issued on such conditions as the Board of Public Works may require. 192 Annual Town Meeting March 20 , 1972 ARTICLE XV Anti-Litter Section 1. DEFINITIONS. For the purpose of this By-Law the fol- lowing terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The work "shall" is always mandatory and not merely directory. (1) "Private receptacle" Is a litter storage and collection receptacle as required or authorized in the Town. ( 2) "Commercial Handbill" is any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copy of any mat- ter of literature: (a) Which advertises for sale any merchandise, product, commodity, or thing; or (b) Which directs attention to any business or mercan- tile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or (c) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; PROVIDED, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any , kind, without a license., where such license is or may be required by any laws of this Commonwealth, or under any By-Law of this Town; or (d) Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. (5) Narbage" is putrescibleanimal and vegetable wastes re- sulting from the handling, preparation, cooking and consumption of food. (6) "Litter" is "garbage" , "refuse" , and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (7) "Newspaper" is any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Federal Statute or regulation, and any newspaper filed and recorded with any recording of- ficer as provided by general law; and, in addition thereto, shall mean and include any periodical or magazine regularly published and dis- tributed to the public. (8) "Non-Commercial Handbill" is any printed or written matter, .any sample, or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter of literature not included in the afore- said definitions of a commercial handbill or newspaper. (9) "Park" is a part{ reservation, playground, recreation center or any other public area in the Town, owned or used by the Town and devoted to recreation or conservation. (10) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (11) "Private Premises" is any dwelling, house, building, or other structure, designed or used either wholly or in part for pri- vate residential purposes, whether inhabited or temporarily or contin- uously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. Annual Town Meeting March 20, 1972 1 1 :7 (12) "Public Place" is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. (13) "Refuse" is all putrescible and nonputrescible solid wastes (except body wastes) , including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles or trucks, and solid market and industrial wastes. (14) "Rubbish" is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrap- pings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (15) "Vehicle" is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. Section 2. LITTER IN PUBLIC PLACES. No person shall throw or de- posit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles, in authorized private re- ceptacles for collection, or in official Town dumps or incinerators. Section 3. PLACEMENT OF LITTER IN RECEPTACLES SO AS TO PREVENT SCATTERING. Persons placing litter in public receptacles or in auth- orized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. Section 4. SWEEPING LITTER INTO GUTTERS PROHIBITED. No person shall sweep into or deposit in any gutter, street or other public space within the Town any accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or oc- cupying property shall keep the sidewalk in front of their premises free of litter. Section 5. MERCHANTS DUTY TO KEEP SIDEWALKS FREE OF LITTER. No person owning or occupying a place of business shall sweep into or de- posit in any gutter, street or other public place within the Town the accumulation of litter from any bgklding or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of - business within the Town shall keep the sidewalk in front of their busi- ness premises free of litter. Section 6. LITTER THROWN BY PERSONS IN VEHICLES. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Town, or upon private property. Section 7. TRUCK LOADS CAUSING LITTER. No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed oyloaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public or pri- vate place; and all such persons and vehicles, when so required, shall be duly licensed according to the provisions of the General Laws of the Commonwealth and the rules, regulations and By9Laws of the Town. Section 8. LITTER IN PARKS. No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. Section 9. LITTER IN FOUNTAINS. No person shall throw or deposit litter in any fountain, pond, stream, river or any other body of water in a park or elsewhere within the Town. Section 10. THROWING OR DISTRIBUTING COMMERCIAL HANDBILLS IN PUBLIC PLACES. No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the Town, nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the Town for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it. 194 Annual Town Meeting March 20, 1972 Section 11. PLACING -COMMERCIAL AND NON-COMMERCIAL HAND$TLLS ON VEHICLES. No person:shall throw or deposit any commercial or-non- - commercial handbill in or upon any vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge -to the receiver thereof, a non-com- mercial handbill to any occupant of a vehicle who is willing to ac- cept it. Section 12. DEPOSITING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON UNINHABITATED OR VACANT PREMISES. No person shall throw or deposit *^ - �r trcial handbill in the distribution of mail ., ( y the United States, nor to newspapers as defined herein) except that newspapers shall be placed on private property in such a manner as to prevent their being scattered by the elements upon any street, sidewalk or other public place. Section 15. DROPPING LITTER FROM AIRCRAFT. No person in any air- craft shall throw out, drop or deposit within the Town any litter, hand- bill or any other object. Section 16. POSTING NOTICES PROHIBITED. No person shall post or affix any notice, poster or other paper or device, calculated to at- tract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. Section 17. LITTER ON OCCUPIED PRIVATE PROPERTY. No person shall throw or deposit litter on any occupied private property within the Town, whether orwned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or structures for collection in such a manner that litter will be prevented from being carried by the elements or deposited upon any street, sidewalk or other public place or upon any private property. Section 18. OWNER TO MAINTAIN PREMISES FREE OF LITTER. The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this section shall ' not apply to leaves or yard clippings nor prohibit the storage of litter in private receptacles or in otherwise lawful conforming structures, SecVion 19. LITTER ON VACANT LOTS. No person shall throw or de- posit litter on any open or vacant private property within the Town whether owned by such person or not, unless duly licensed by the Board of Health under applicable provisions of the General Laws of the Common- wealth or By-Laws of the Town. Section 20. CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY THE TOWN. (a) Notice to Remove. The Board of Health is hereby empowered to notify the owner .of any open or vacant private property within the Town or the agent of such owner to properly dispose of litter located on such owner's. property which is dangerous to public health, safety or welfare, or the Board of Health may proceed to abate a muisance as defined and provided by General Laws, Chapter 111, as amended. Such notice shall be by registered mail or certified mail , addressed to said owner at his last known address; or such notice may be served upon such owner or agent by a constable or other legal officer as provided by law, and authorized to serve such process. (b) Action Upon Non-Compliance. Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of , litter dandjerous to the public health, safety or welfare, within twenty- four hours, or within such other time as the Board of Health deems reasonable, after receipt of such written notice provided for in sub- section (a) above, or within fifteen daysfa er the date of such notice AR in the event the same is returned to the Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Board of Health is hereby authorized and empowered to pay for the disposing of such litter or order its disposal by the Town. or upon any private premises which are temporarily) or continuously uninhabited or vacant. Section 13. PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED. No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by any one therein not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing, " "No Peddlers or Agents," "No Advertisement, " or any similar notice, indicating in any manner that the occupants of said premises .do not desire to be molested or have their right of ,privacy disturbed, or to have any such handbills left upon the premises. Section 14. DISTRIBUTING COI%U4ERCIAL AND NON-COMMERCIAL HANDBILLS AT INHABITED PRIVATE PREidISES. No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or ry other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided by this By-Law, such person, unless requested by anyone upon such premises not to do so, may place or deposit any non- eommeroial. handbill in or upon .such inhabited premises, .if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted .about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. The provisions of this section shall not apply to - 7 - . -- r f Annual Town Meeting March 20, 1972 19 5 (c) Charge Included in Tax Bill. When the Town has effected . the removal of such dangerous litter or has paid for its removal , the actual cost thereof, plus accrued interest at the rate of six per cent per annum from the date of the completion of the work, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner, if not paid by such owner prior thereto, by the Town and said charge shall be due and payable by said owner at the time of payment of such bill. Any such claim for the expense by said Board or Town in so doing shall constitute a debt due the Town upon the completion of the work and the rendering of an account thereof to the owner, and is recov- erable from such owner in an action of contract, together with interest thereon at the rate of six per cent per annum from the date said debt becomes due and payable. (d) Recorded Statement Constitutes Lien. Where the full amount .due the Town is not paid by such owner within thirty days after the disposal of such litter, as provided for in subsections (a) and (b) above, then, and in that case, the Board of Health or the Town may cause to be recorded in the Registry of Deeds a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recording ofsuch sworn statement shall constitute a lien on the property, and shall remain in fullforce and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until .final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amountof the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. Such lkkn may be dissolved by filing with the register of deeds for rec- ord or registration, as the case may be, in the county or district, if the county is divided into districts, where the land lies, a certificate from the Collector of Taxes of the Town that the debt for which the lien attached, together with interest and costs thereon, has been paid or ' abated. Such Collector shall have the same powers and be subject to the same duties with respect to such claim as in the case of the annual taxes upon real estate; and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the non-payment thereof, and the redemption of land so sold or taken shall apply to such claim. Section 21. SEPARATE OFFENSES. Each day any violation of the pro- visions of this By-Law is committed or permitted to continue shall con- stitute a separate offense and shall be punishable as such hereunder. Section 22. SEPARABILITY. If any section, subsection, sentence, clause, phrase, or portion of this By-Law is for any reason held in- valid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE XVI Contracts Section 1. No Town Officer or member of any Board, Department, Committee, Commission, Authority or Trusteeship shall in behalf of the Town, approve, make or join in the making of any contract, bargain or agreement in, through or by which he has either directly or indirectly any financial or pecuniary interest otherwise than in common with the citizens of the Town in general. Section 2. No Town Officer or member of any Board, Department, Com- mittee, Commission, Authority or Trusteeship shall receive any fee, payment or financial compensation whatever, except his salary or compen- sation as provided by law, or by vote of the Town, for any work or serv- ice performed by him, in connection with his duties as a Town Officer or member of such Board, Department, Committee, Commission, Authority or Trusteeship. 19 u Annual Town Meeting March 20, 1972 Section 3. No present or former municipal employee shall vio- late any of the conflict of interest provisions in Chapter 268A of the Massachusetts General Laws, as amended from time to time. Section 4. Any present municipal employee shall be entitled, to the extent permitted by law, to the opinion of Town Counsel upon any question arising under said Chapter 268A relating to the duties, responsibilities, and interests of such employee. Such employee and Town Counsel shall follow the provisions and procedure set forth in said Chapter with respect to any such opinion. Section 5. The Town Boards and the Officers of the different Town Departments authorized to make contracts shall call for competi- tive bids on all labor (except professional services) or material to be furnished to the Town where the cost or estimated cost to the Town of said labor or material to be so furnished equals or exceeds the sum of Two Thousand Dollars ($2,000) , except in cases of special emergency involving the health or safety of the people or their property. Said calls for bids shall be advertised by publishing the same in at least one newspaper of general circulation in the Town, and by posting it in the Town Hall, such publication and posting to be at least one week before the time specified for the opening of said bids. The advertise- ment shall require each proposal to be sealed and properly designated, shall announce the place, date and hour at which the proposals will be opened, and shall reserve to the Town the right to reject any or all such bids. The bids as received shall be deposited in a box securely locked, and at the time and place named shall be opened in public. in the presence of the Officer or a member of the Board authorized by the Town to make the contract. No bids shall be received after the time advertised for opening said bids. Section 6. The Officers of the different Town Departments shall attempt to obtain at least three bids on all labor (except professional services) or material to be furnished to the Town where the cost or estimated cost to the Town of said labor or material to be so furnished exceeds the sum of One Thousand Dollars ($1,000) but is less than the sum of Two Thousand Dollars ($2,000) . Section 7. No bill or contract shall be split or divided for the , purpose of evading any provision of this Article. Section 8. No person who is a member of any Board of elective officers shall hold any remunerative office by virtue of an appointment by such Board unless said appointment is authorized by vote of the Town at an Annual Town Meeting. ARTICLE XVII Licenses Section 1. The Board of Selectmen may license suitable persons, upon such terms and conditions as the Board shall determine, to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals and second-hand articles, and no person shall be such a dealer or keeper without such a license. Section 2. The Board of Selectmen may also license suitable per- sons as junk collectors, to collect by purchase or otherwise, junk, old metals and second-hand articles from place to place within the Town, and no person shall engage in such business without such a license. Section 3. No person shall use any building, enclosure, or other structure for the storage, sale, or keeping of rags, waste paper stock, , or other inflammable amterial without a license therefor from the Board of Selectmen. Section 4. The Board of Selectmen may license suitable persons to use vehicles for the transporting for hire of goods, wares, furniture or rubbish, within the Town of. Reading. All persons engaging in such transportation for hire within the Town of Reading shall take out such number of licenses as will equal the greatest number of such vehicles to be used at any one time by said person during the year dor which the license is issued. Such license shall expire on the thirtieth day of April of each year, and may be revoked at the pleasure of the Selectmen. Annual Town Meeting March 20, 1972 197 Section 5. No person shall engage in the business of transporting for hire, goods, wares, furniture or rubbish as specified in Section 4 of this Article without first obtaining a license or licenses therefor as above set forth. Section 6. Every personlicensed under the provisions of this Article shall cause his name and the number of his license to be printed or placed in plain legible words and figures in a conspicuous place on the outside of each vehicle used in exercising said license. ARTICLE XVIII Laundromats Section 1. No person, firm or caporation shall operate a self-service laundry or laundromat so-called, at any location in the Town of Reading unless said laundry or laundromat is licensed by the Board of Selectmen. Two or more coin-operated washing machines, two or more coin-operated dryers, or two or more coin-operated dry-cleaning machines shall consti- tue a laundromat or self-service laundry within the meaning of this By-Law. -- Section 2. Any such license shall issue on April 1st (or thereafter) of each year and shall expire on the next succeeding March 31st and may be revoked or suspended at any time by the Board of Selectmen for any violation of this By-Law or any rules, orders or regulations from time to time adopted by the Board of Selectmen. Section 3. All owners and operators of any such laundry or laundro- mat shall comply with all rules, orders and regulations as may from time to time be adopted by the Board of Selectmen. Section 4. The fee for a license shall be Ten Dollars ($10.00) . Section 5. Rules and regulations and orders adopted by the Board of Selectmen under this By-Law shall become effective immediately upon registered mail notification to owners and operators of such laundry or laundromat that such rules, orders and regulations have been adopted. ARTICLE XIX Disposal of Surplus Property Section 1. Whenever an item or collection of items of tangible personal property not exceeding a market value of Five Hundred Dollars ($500.00) within the control of a Town Officer or a Town Board or Com- mittee, but excluding the Municipal Light Board, shall be determined by that Officer, Board, or Committee to be surplus, obsolete, salvage, or beyond repair, it may be disposed of by sale, trade, or otherwise, upon the approval of the Finance Committee. ARTICLE XX Excavations and Wells Section 1. Any person excavating land, any person in charge of such excavation, and any owner of land which has been excavated shall erect barriers or take other suitable measures to protect the public within two days after being notified by the Building Inspector or the Board of Selectmen that in his or its opinion such excavation constitutes a hazard to public safety. Whoever violates any of the provisions of this Section shall be punished by a fine of not more than Two Hundred ' Dollars ($200.00) per day for every day such person is in violation of such notice, commencing with the fourth day thereof. Section 2. The owner or owners of land whereon is located an aban- doned well or a well in use shall either provide a covering for such well capable of sustaining weight of three hundred pounds or shall fill such well to the level of the ground. Whoever violates this section shall pay for each offense a penalty of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) . 1 V Annual Town Meeting March 20, 1972 ARTICLE XXI Public Conduct Firearms Section 1. No person shall fire or discharge any fireworks, firearms, cannon, or explosives of any kind (1) on or within the limits of any street, highway, park or other public property, except with the written permission of the Board of. Selectmen, or (2) on any private property except with the written consent of the owner or legal occupant thereof and the written permission of the Board of Selectmen; provided, however, that this By-Law shall not apply to the lawful defense of life or property, nor to any law enforcement officer act- ing in the discharge of his duties, nor to the use of such weapon at any military exercises or any established rifle range, nor to the rights and privileges of an owner or lessee of land as set forth in Chapter 131 of the General Laws. Peeping Section 2. No person, except an officer of the law in the per- formance of his duties, shall enter upon the premises of another or upon public lands with the intention of peering into the, windows or doors of a house or of spying upon in any manner any person or persons therein. Burning Leaves Section 3. No person shall burn or cause to be burned in the open, fallen leaves within the Town. Public Buildings Section 4. No person shall gamble, or keep, use or have in his possession any spirituous or intoxicating liquor, in any building or room owned or occupied by the Town. Loitering .Section 5. No person, after being otherwise directed by a pol- ice officer, shall loiter, sit or stand in any street, common place or ' public building so as to obstruct or impede the free passage of any other person. 2. Change the number for Article XVIII-A of the General By-Lawyof the Town of Reading to Article XXIV. 3. Change the number for Article XVIII-B of the General By-Laws of the Town of Reading to Article XXV. 4. Change the number for Article XVIII-C of the General By-Laws of The Town of Reading to Article XXVI. 5. Repeal Articles XIX, XX and XXI, and to substitute therefor the following: ARTICLE XXVII Enforcement of By-Laws Section 1. Any person violating any of the provisions of these By-Laws shall be punished by a fine of not more than fifty dollars, unless a specific penalty is brovided elsewhere in said By-Laws and in that event the specific penalty shall apply. ARTICLE XXVIII Repeal , Section 1. These By-Laws and the repeal of all By-Laws hereto- fore in force, shall not affect any act done, any right accrued, any penalty or liability incurred or any suit, prosecution, or proceeding pending at the time they take effect. The provisions of the foregoing By-Laws, so far as they are the same as provisions of By-Laws hitherto in force, shall be construed as a continuation thereof and not as new enactments. Annual Town Meeting March 20, 1972 19 9 ARTICLE XXIX Amendment Section 1. These By-Laws may be amended at any annual or special town meeting by a majority vote of the Town Meeting Members present and voting at said meeting, provided that an article or articles for that purpose have been inserted in the warrant for said meeting. The following amendments to the By-Laws were presented: ARTICLE II - Rule 8. On motion of Neil H. Murray, as amended by Nathan C. White, it was voted -to 'strike out Rule 8 and move up all Rule .numbers ' by one. ARTICLE II - Section 4. On motion of Feil H. Murray it was voted that Section 4 be substituted by Section 2 of the present By-Laws. On motion of John H. Crocker it was voted that this meeting stand adjourned until March 23, 1972, at 7:45 P. M. , to meet in the Memorial High School Auditorium. Meeting adjourned at 11:15 P. M. 192 Town Meeting Members were present. A true copy. Attest: rence Drew Town Clerk ADJOURNED ANNUAL TOWN MEETING Reading Memorial High School Auditorium March 23, 1972 The meeting was called to order by the Moderator, Kenneth C. Latham, at &i45 P. M. The invocation was given by Rev. C. C. Meeden, Interim Pastor of the First Baptist Church. ARTICLE 5. Amendments under Article VI. On motion of William H. Dia- mond it was voted to amend Section 1, Article VI, by including therein after Board of Assessors, the Library Trustees, Cemetery Trustees. On motion of Frank A. Smith, Jr. , it was voted to amend Section 4 of Article Vl�ettor 4tEfbyOmytY6_4n Board, Committee, Commission or Officer Section 4. It shall be the duty of the Town Counsel^ to prepare or approve all bonds, deeds, leases, obligations, and other legal instru- ments to which the Town is a party or in which any right or interest of the Town is involved; to conduct the prosecution or defense of claims, actions, and proceedings to which the Town is a party, and the prosecu- tion of actions or proceedings by or on behalf of any Town Officer, Board or Committee as such; to conduct the difense of any claim action or pro- ceeding brought against any Town Officer, Board Member or Committee Mem- ber or Commission Member as such when the Law Committee, having deter- mined that any right . . . . . . . . ARTICLE XI - Section 2. On motion of Charles Stratton it was voted to amend this section to read as follows: Section 2. It shall be the duty of the Council to carry out pro- grams designed to meet problems of the aging in the Community. ARTICLE XIII - Section 2. On motion of Joan A. Kingston it was voted to amend this section to read as follows: Section 2. The Board of Selectmen shall have the printed Annual Town Report ready for distribution not later than February 21st of each year. ARTICLE XIII - Section 4. On motion of Robert I. Nordstrand it was voted to amend this section to read as follows: The Board of Assessors shall publish for general circulation its valuation lists for real estate for the year 1973, and every second year thereafter, if the Town Meeting appropriates funds for this purpose