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Home My WebLink About1998-03-24 Annual Town Meeting WarrantCOMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on February 19, 1998 notified and warned the inhabitants of the Town of Reading, qualified to vote on town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Registry of Motor Vehicles, 275 Salem Street Precinct 3 Reading Police Station, 67 Pleasant Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Town Hall, 16 Lowell Street Precinct 6 Alice M. Barrows School, 16 Edgemont Avenue Precinct 7 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 8 Arthur W. Coolidge, Middle School, 89 Birch Meadow Drive The date of posting being not less than fourteen (14) days prior to March 24, 1998, the date set for the Local Election in this Warrant. I also caused an attested copy of this warrant to be published in the Reading Chronicle in the issue of March 4, 1998. e lly M. Hoyt, C- nstable A true copy. Attest: ,-(1heryl A. ! ohnson, Tol n Clerk 1 TOWN WARRANT (Seal) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet in the following place designated for the eight precincts in said Town, namely: Precincts 1, 2, 3, 4, 5, 6, 7, 8 Hawkes Field House, 62 Oakland Road TUESDAY, the TWENTY-FOURTH DAY OF MARCH A.D., 1998, from 7:00 a.m. to 8:00 p.m. to act on the following articles, viz, ARTICLE 1 To elect by ballot the following Town Officers: A Moderator for one year; Two members of the Board of Selectmen for three years; One member of the Board of Assessors for three years; Two members of the Board of Library Trustees for three years; Two members of the Municipal Light Board for three years; Two members of the School Committee for three years; and seventy-one Town Meeting Members shall be elected to represent each of the following precincts: Precinct 1 - Eight members for three years; one member for two years to fill a vacancy; one member for one year to fill a vacancy; Precinct 2 - Eight members for three years; two members for two years to fill vacancies; Precinct 3 - Eight members for three years; one member for one year to fill a vacancy; Precinct 4 - Eight members for three years; Precinct 5 - Eight members for three years; Precinct 6 - Eight members for three years; one member for one year to fill a vacancy; Precinct 7 - Eight members for three years; Precinct 8 - Eight members for three years; one member for two years to fill a vacancy. 2 AND, to vote YES or NO on the following questions: Question No. I "Shall an act passed by the General Court in the year 1997, entitled "An Act authorizing the Town of Reading to issue licenses to certain establishments for the sale of wine and malt beverages to be drunk on the Premises" be accepted?" Question No. 2 "Shall this Town approve the amendment to the Reading Home Rule Charter proposed by vote of Town Meeting Members on November 10, 1997 under Article 7 of the Subsequent Town Meeting Warrant which would amend Article 5 of the Charter relating to the Town Manager by adding the phrase "(and except as expressly authorized by the Board of Selectmen)" after the phrase "to the office," in the third sentence of the second paragraph of Section 5-1 so that sentence shall read: "During his term, he shall devote full time to the office, (and except as expressly authorized by the Board of Selectmen) shall not engage in any other business or occupation, and (except as expressly provided in the Charter) shall not hold any other public office, elective or appointive, in the Town."?" and to meet at the Reading Memorial High School, 62 Oakland Road, in said Reading, on MONDAY, the THIRTEENTH DAY OF APRIL. A.D., 1998 At seven-thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 2 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer-Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Town Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 3 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given to Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen 3 ARTICLE 4 To see if the Town will vote to authorize the payment during Fiscal Year 1999 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to accept one or more gifts to be administered by the Commissioners of Trust Funds, such gifts to be used for the purposes for which they are given to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 6 To see if the Town will vote to amend the FY 1998 - FY 2007 Capital Improvement Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to amend one or more of the votes taken under Article 22 of the Warrant of the Annual Town Meeting of April 14, 1997 as amended under Article 5 of the November 10, 1997 Subsequent Town Meeting and as further amended under Article 4 of the March 9, 1998 Special Town Meeting, relating to the Fiscal Year 1998 Municipal Budget, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to approve the FY 1999 - FY2008 Capital Improvements Program as provided for in Section 7-7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to sell, or exchange, or dispose of, upon such terms and conditions as they may determine, various items of Town tangible property, or take any other action with respect thereto. Board of Selectmen ARTICLE 10 To see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of completion of construction according to approved plans for a subdivision known as "Strawberry Hill Lane" and conditions of approval of said plans, which approval was granted by the Community Planning and Development Commission on September 11, 1995, in accordance with the terms of a certain Agreement entered into and executed to the benefit of the Town of Reading on December 4, 1995 by the Wakefield Development Corporation, the Danvers Savings Bank, and said Commission, pursuant to the Rules and Regulations Governing the Subdivision of Land in Reading and in accordance with Massachusetts General Laws Chapter 41, such funds to be expended by and under the direction of the Board of Selectmen, or take any other action with respect thereto. Community Planning and Development Commission 4 ARTICLE 11 To see if the Town will vote to establish a revolving fund under Chapter 44, Section 53E1/2 of the General Laws for the purpose of using the receipts generated through the sale of compost bins to purchase additional compost bins, and to pay for related expenditures, and to determine the total amount of.expenditures during fiscal year 1999 which may be made from such fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 12 To see if the Town will vote to establish a revolving fund in accordance with Chapter 44, Section 530/2 of the General Laws, for receipts from antennae licenses on the Town's water towers, with the proceeds from the fund used to fund community improvements pursuant to a community improvement program to be administered by the Board of Selectmen, and to determine the total amount of expenditures during fiscal year 1999 which may be made from such fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to establish a revolving fund in accordance with Chapter 44, Section 530/2 of the General Laws, for receipts from the Reading Ice Arena Authority, Inc., pursuant to its lease with the Town, with the proceeds from the fund used to fund acquisitions and improvements to open space and to park and recreation facilities of the Town administered by the Board of Selectmen, and to determine the total amount of expenditures during fiscal year 1999 which may be made from such fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 14 To see what sum the Town will raise by borrowing, whether in anticipation of reimbursement from the State under Chapter 44, Section 6, Massachusetts General Laws, or pursuant to any other enabling authority or from the tax levy, or transfer from available funds, or otherwise, for highway projects in accordance with Chapter 90, Massachusetts General Laws, or take any other action with respect thereto. Board of Selectmen ARTICLE 15 To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement with the Reading/Wakefield YMCA and/or any third party relating to the construction or remodeling, reconstruction or making extraordinary repairs to a swimming pool and accessory uses and structures and relating to the use of said swimming pool and accessory uses and structures by the Town of Reading; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the purpose of construction or remodeling, reconstruction or making extraordinary repairs to a swimming pool and accessory uses and structures, including the cost of original furnishings and equipment, architectural fees, engineering fees, inspection fees;?relocation costs, contingencies and related expenses incidental thereto and necessary in connection therewith, said sum to be expended under the direction of the Board of Selectmen, and to see if the Town will vote 5 to authorize the Board of Selectmen to file applications for a grant or grants to be used to defray all or any part of the cost of said swimming pool and related matters, and to see if the Town will vote to authorize the Board of Selectmen to enter into all contracts and agreements as may be necessary to carry out the purposes of this Article, or take any other action with respect thereto. Board of Selectmen ARTICLE 16 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 lease of space in private buildings for classrooms and uses accessory thereto for educational purposes, or take any other action with respect thereto. School Committee ARTICLE 17 To see if the Town will vote to accept the provisions of Chapter 32 Section 103 of the Massachusetts General Laws which provides for the payment of cost of living adjustments to retirees in the Town's contributory retirement system; and to see if the Town will vote to provide the same cost of living adjustments to noncontributory system retirees of the Town of Reading; or to take any other action with respect thereto. Contributory Retirement Board ARTICLE 18 . To determine how much money the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the operation of the Town and its government for Fiscal Year 1999 beginning July 1, 1998, or take any other action with respect thereto. Finance Committee ARTICLE 19 To see if the Town will vote pursuant to Section 5.8.1 of the General Bylaws of the Town to designate Mill Street as a Scenic Road, or take any other action with respect thereto. Community Planning and Development Commission, Conservation Commission ARTICLE 20 To see if the Town will vote to amend Section 4.4.3 of the General Bylaws of the Town by deleting the second sentence thereof which provides: "Notwithstanding anything in Section 17 of Chapter 268A to the contrary, a Special Municipal Employee, as defined in Section 1 of Chapter 268A, shall be subject to paragraphs (a) and (c) of Section 17 of Chapter 268A to the same extent as a non-special municipal employee.", so that Section 4.4.3 shall read as follows, or take any other action with respect thereto: "4.4.3 No present or former municipal employee shall violate any of the conflict of interest provisions in Chapter 268A of the General Laws, as amended from time to time." By Petition 6 ARTICLE 21 To see if the Town will vote to amend Section 5.6 of the General Bylaws of the Town as follows, or take any other action with respect thereto: 1. Amend Section 5.6 by deleting the caption "Dos Leash Law" and substituting therefor the caption "Dos Leash and Related Laws"; and 2. Add the following as Section 5.6.8: "The owner or keeper of any dog shall be responsible for the prompt removal of any feces deposited by the dog on public or private property, except on the property of the owner or keeper or otherwise with the permission of the owner or occupant of the property. The owner or keeper of a dog who does not comply with this Section 5.6.8 shall be punishable by warning or fine as follows: The Animal Control Officer shall issue a written warning to such owner or keeper for the first offense within a calendar year. The Animal Control Officer shall levy a fine of Twenty Dollars ($20.00) for the second offense within a calendar year, Thirty Dollars ($30.00) for the third offense within a calendar year, and Fifty Dollars ($50.00) for each subsequent offense within a calendar year. The provisions of this Section- 5.6.8 shall not apply to a handicapped person who has the charge or control of a guide dog." Board of Selectmen ARTICLE 22 Move to amend the Town of Reading Bylaws by adding the following: 2.2.9 Rules Committee The Moderator shall serve as the Chairman of the Rules Committee and shall convene said Committee no more than seven (7) days after adjournment of the Annual Town Meeting and at other times by the Moderator, or upon written request to the Town Clerk by at least three (3) members of the Committee, or take any other action with respect thereto. By Petition ARTICLE 23 to see if the Town will vote to amend the General Bylaws (or the Zoning By-Laws) of the Town of Reading by adding thereto a new Section 5.16 (or Section 4.3.1.2.1), which shall read as follows: "5.16 (or 4.3.1.2.1) Outdoor Loudspeakers and Public Address Systems: No owner of a residentially used or zoned property shall install or operate any outdoor loudspeaker or public address system without a permit issued by the Police Department for a specific event. No commercial establishment shall install or operate any outdoor loudspeaker or public address system except for the sole purpose of direct communication with a customer to assist that customer or to conduct a specific business transaction at the commercial establishment, as for example at a drive-up window of a fast food or banking establishment, or at self-service gasoline 7 pumps. Any such loudspeaker or public address system shall be operated only during the regular business hours of the establishment. The owner of the establishment shall at all times ensure that the volume of sound produced outdoors by such loudspeaker or public address system shall be such as to be entirely inaudible from any portion of a public way or residential property under all circumstances. The use of any outdoor loudspeaker or public address system at any time for playing music, for advertising, for promoting sales events or sale of any item of goods or services, or for any other purpose than that specified above, is prohibited." or take any other action with respect thereto. Board of Selectmen ARTICLE 24 To add General Bylaw to the Town Code of Reading. The new General Bylaw is to be known as the Town of Reading Noise Control Bylaw, as Section 5.12 of the Town of Reading General Bylaws. 5.12.1 Title This Bylaw shall be known as the Town of Reading Noise Control Bylaw. 5.12.2 Purpose The purpose of this Bylaw is to control excessive noise because such, noise degrades the environment of the Town to the degree which a. it is harmful and detrimental to the health, welfare and safety of the inhabitants; b. it interferes with the comfortable environment of life, property and recreation, and with the conduct and operation of business and industry; C. it causes nuisances. No one has a right to create excessive noise which harms the health, welfare and safety of the inhabitants of the Town and distracts from their standard of living. Effective control and elimination of excessive noise is an essential right of the citizens in the furtherance of their health and safety, and in the conduct of normal pursuit of life, recreation and commerce. 5.12.3 Definitions Excessive noise: any sound which endangers or injures the safety or health of humans or annoys and disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property, as measured in accordance with section 5.12.7 below. Emergency: any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate attention. Emergency work: any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Person: any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality thereof. Homeowners light residential outdoor equipment: all engine or motor powered maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner, (examples are: lawn mowers, garden tools, riding tractors, snow blowers, snow plows, chain saws, etc.). Commercial service equipment: equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operations, (examples are: log chippers, paving rollers, jackhammers, etc.). Da ime: the period between the hours of 7:00 a.m. and 5:00 p.m. Nightime sleeping hours: the period between 11:00 p.m. and 7:00 a.m DB: is the abbreviation for decibel. 5.12.4 Policv It shall be unlawful for any person within the Town of Reading to make, continue or cause to be made or continued any loud, unnecessary, unusual or excessive noise which either annoys, disturbs, injures or endangers the comfort, repose, convenience, health, peace or safety of others with the Town limits. The determination as to whether noise is excessive will be made by the Board of Health or their designee. Excessive noise shall in no instance be allowed to exceed the levels of forth in section 5.12.7, unless exempt by section 5.12.6, or for emergency work of public service utilities, or by permit from the code enforcement officer, as per section 5.12.5. 5.12.5 Permit Not withstanding the above, the code enforcement officer may issue a permit to authorize matters otherwise prohibited in this bylaw upon application of a person should he determine that the public convenience, health, welfare or safety is not impaired or that, given that there shall be a 9 minimum impairment, the activity engaged in is necessary in the normal course of a business or commercial use. 5.12.6 Exceptions The exceptions to this bylaw are as follows.; - the use of homeowners light residential outdoor equipment; - the use of commercial service equipment during the daytime - period; - the operation of any motor vehicle on a public way; - emergency work. 5.12.7 Table of Noise Standards - Not to exceed 55 DB for more than an accumulation of 60 minutes in any 24 hour period. - Not to exceed 45 DB for more than an accumulation of 30 minutes during nightime sleeping hours. 5.12.8 Penalties Penalties will be levied only upon an affirmative vote of the Board of Health. Penalties are as follows: for the first violation a written warning; for the second violation within 12 months of a prior violation, 50 Dollars; for the third violation within 12 months of a prior violation, 100 Dollars; for the fourth or subsequent violation within 12 months, 200 Dollars. 5.12.9 Severability The provisions of this bylaw are severable. If any provision of this bylaw or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of this bylaw which shall be given effect without the invalid provisions or application. By Petition ARTICLE 25 To see if the Town will vote pursuant to Section 2-6 of the Reading Home Rule Charter to declare the seats of any or all of the following Town Meeting Members to be vacant and to remove any or all of the following described persons from their position as Town Meeting Members for failure to take the oath of office within thirty days following the notice of election or for failure to attend one-half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto: Precinct 2 Paul F. Feely Jr Edward F. Foley Steven E. McLaughlin Precinct 3 Eugena Zangas Precinct 5 William O. Stroman Board of Selectmen 10 and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to March 24, 1998, 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 17th day of February, 1998. Camille W. Anthony, Chairman rman , hai W. ruc MacDonci4~ i Sally WHoyt, Secretary Daniel A. Ensminger George V. Hines SELECTMEN OF READING Sally M. HoA Constable 11