USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1916 > Part 3
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Article 12. To see if the Town will authorize the Town Accountant to transfer the sum of $800 from the Excess and Deficiency Account to the Highway Department for the pur- pose of leasing a stone crusher plant, or what they will do in relation thereto.
Edwin L. Hutchinson moved, and it was voted, that the Town Accountant is authorized to transfer the sum of $800 from the Excess and Deficiency Account to the Highway Department, for the purpose of leasing a stone crushing plant.
Article 14. To see if the Town will raise and appro- priate the sum of 82,500 to continue the work on Lowell Street, from the completion of the work last year toward the
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Wilmington line, provided the State and County each appro- priate a like amount.
Edwin L. Hutchinson moved, and it was voted, that the sum of $2,500 be raised and appropriated to continue the work on Lowell Street, from the completion of the work last year toward the Wilmington line, provided the State and County each appropriate a like amount.
Article 15. To see if the Town will vote to change the method of electing a Moderator, by electing a Moderator at every annual election of Town Officers, to serve for one year, in accordance with provisions of Section 359, Chapter 560, Acts of 1907.
Edwin L. Hutchinson moved, and it was voted, that we accept the provisions of Section 359 of Chapter 560 of the Acts of 1907, which provides for the election of a Moderator at each annual town election, to serve for one year.
Article 16. To see if the Town will raise and appro- priate, or otherwise provide, the sum of $800, in addition to the amount appropriated at the annual meeting, for making alterations in the Central Fire Station.
Edwin L. Hutchinson moved, and it was voted, that the sum of $600 be raised and appropriated, in addition to the amount appropriated at the annual meeting, for making alterations in the Central Fire Station.
Article 5. Carl M. Spencer moved, and it was voted, to take this article from the table.
Carl M. Spencer moved, and it was voted, that the Town rescind that portion of its vote of September 20, 1915, whereby the Library Trustees were authorized to take the northerly portion of the Grouard lot, so called, for a site for a free public library building, and that the Library Trus- tees be now authorized to take for a site for said library building the southerly portion of said lot, extending along Woburn Street, and adjoining the estate assessed to the heirs of George A. Boyce.
Article 6. To see if the Town will vote to purchase the land and buildings situated on Lowell Street, known as the
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Richardson lot and now assessed to Everett H. Hall, for publie purposes, and to see how much money the Town will raise and appropriate, or otherwise provide, for the payment of the same, or what it will do in relation thereto.
On motion of Carl M. Spencer, it was voted that the Selectmen be instructed to purchase the Richardson lot, so called, situated on Lowell Street, with the buildings thereon (except the stable which is to be removed by the present owner) at a price not exceeding $5,550. and that the Town Treasurer is hereby authorized to issue the notes of the Town for this amount at a rate of interest not exceeding four per cent. per annum and payable $550 in one year from the date thereof; the balance to be paid $500 each year thereafter, until the full amount is paid; the income derived from the property to be used for necessary repairs and the payment of the said notes. 64 voted yes and 17 voted no.
Atricle 7. To see what action the Town will take rela- tive to the erection of a Town Office Building on the Grouard lot, or what it will do in relation thereto.
On motion of Charles A. Loring, it was voted that the Board of Selectmen. together with the Town Office Build- ing Committee and Town Planning Board, be instructed to present plans for the erection of a Town Office Building at the next town meeting.
Article 17. To see what action the Town will take with reference to the disposition of the buildings on the Grouard lot. and what sum of money it will raise and appropriate for that purpose, or what it will do in relation thereto.
On motion of Walter S. Parker, it was voted for the purpose set forth in Article 17 the Town purchase a lot of land near the Highland School, and move the Grouard house and place the same thereon, and that the Treasurer be authorized to issue the notes of the Town for $3,000 at a rate of interest not exceeding five per cent., payable $500 each year year, 1917 to 1922, inclusive. 59 voted yes, none voted no.
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Article 3. The Planning Board and Board of Select- men made a report on laying of concrete tar sidewalks. recommending this article, which it was voted to accept.
On motion of Otis B. Ruggles, it was voted to adjourn to Monday, June 5, 1916, in this hall, at 7.45 o'clock P. M.
MILLARD F. CHARLES, Town Clerk.
ADJOURNED TOWN MEETING
LYCEUM HALL, READING, MASS., June 5, 1916.
A town meeting was held as per adjournment, and was. called to order by the Moderator, Jesse W. Morton.
Article 13. To hear and act on the report of the com- mittee appointed to revise the By-Laws of the Town.
On motion of Charles F. Brown, it was voted to take this article from the table.
On motion of Charles F. Brown, it was voted to accept report of Committee on By-Laws, as printed in THE READING CHRONICLE.
On motion of C. Winthrop Smith, it was voted to act on each section of articles on By-Laws separately.
ARTICLE I
Section 1. The annual town meeting for the election of a Moderator for the ensuing year and of all other Town Officers, to be elected by ballot, and for the consideration of all questions to be voted for by ballot, shall be held on the first Monday in March of each year.
The annual meeting for the transaction of all other town business shall be held on the second Monday of March of each year, and special meetings at such times as the Selectmen may appoint, or as provided in the Revised Laws and amendments thereto.
Article 1, Section 1. Voted to lay on the table.
Section 2. Notice of every town meeting shall be given by posting an attested copy of the warrant calling the same in at least ten public places in Town not less than seven.
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days prior to each meeting, and by causing such attested copy to be published in some newspaper published in the Town one day at least prior to the time of holding such meeting. The officer serving the warrant shall in his return designate the places where copies were posted, the name of the paper, and date of publication in which the same was published. Notice of every adjourned town meeting, before which any proposed reconsideration is to come, shall be posted by the Town Clerk in five conspicuous public places in the Town as soon as possible after the adjournment. and he shall, if practicable, publish such notice in some news- paper published in the town, at least one day before the time of said adjourned meeting. Said notice shall include a notice of any proposed reconsideration to come before the meeting.
Votes passed at any town meeting shall be subject to a referendum of the Town, as provided in Chapter 276 of the Acts of 1910 and amendments thereof.
A sufficient number of the warrants shall be printed for distribution at each meeting.
Voted to adopt.
Section 3. The Selectmen shall, before calling any special town meeting, publish at least fifteen days before the date of such meeting in a newspaper published in the Town, notices of their intention to call such meeting.
Voted to adopt.
Section 4. The Selectmen shall append to each article in the warrant the name of the person requesting the inser- tion of the article, and in the case the insertion is requested by ten or more voters, the name of the first person signing such request and the words "and others" shall be appended to the article.
Voted to adopt.
Section 5. It was voted to act on each rule in this sec- tion separately.
Section 5. In the conduct of all town meetings the fol- lowing rules shall be observed :
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Rule 1. The Moderator shall decide all questions of order subject to an appeal to the meeting; the question on which appeal shall be taken before any other.
Voted to adopt.
Rule 2. The Moderator shall declare all votes; and whenever a vote is doubted by seven voters a count shall be had which shall be by tellers appointed by the Moderator and the tellers shall report to the Moderator only.
Voted to adopt.
Rule 3. All original questions shall be put in the order in which they are moved, unless, as in the case of amend- ments, the subsequent motion be previous in its nature; except that the largest sum and the longest time shall be put first, except as is provided in the article of the By-Laws relating to the Finance Committee.
Voted to adopt.
Rule 4. Every person speaking shall rise and stand uncovered; shall respectfully address the chair or Modera- tor; shall not speak until recognized by the chair or Moder- ator; shall confine himself to the question under debate, and avoid all personalities.
Voted to adopt.
Rule 5. No person shall be privileged to speak, or make a motion, until assent has been given by the Moder- ator.
Voted to adopt as amended.
Rule 6. No person shall speak on any question more than ten minutes without obtaining leave of the meeting; nor more than once on any question till others who desire to speak have spoken.
Voted to adopt as amended.
Rule 7. No person shall be interrupted but by a call to order.
Voted to adopt.
Rule 8. No motion shall be received and put until it is seconded; but no motion made and seconded shall be
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withdrawn if any voter objects, and no amendment not ger- mane to the subject proposed in the original motion shall be entertained. All motions shall be reduced to writing, by the person making them, when so requested by the Moderator or Town Clerk.
Voted to adopt.
Rule 9. No motion once made and disposed of, except a motion to adjourn, shall be again received at the same meeting; but except on motions to adjourn, and to lay on and take from the table, any one so desiring may move a reconsideration. A motion to reconsider any vote may be made before the final adjournment of the meeting at which the vote was passed, but such motion to reconsider cannot be acted upon at that meeting; but no motion to reconsider shall be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion, either at the session of the meeting at which the vote was passed, or by written notice to the Town Clerk within forty- eight hours after the adjournment of such session. There can be no reconsideration of a vote once reconsidered and when reconsideration has been once refused by the meeting the Moderator shall not entertain a subsequent motion to reconsider. No motion for reconsideration shall be in order unless made in good faith, and not for the purpose of pre- venting subsequent action on the question decided. No vote fixing the time of the closing of the polls shall be reconsidered, except for the purpose of extending such time.
Voted to lay on the table.
Rule 10. When a question is under debate no motion shall be in order but to adjourn, to lay on the table or pass over, to postpone for a certain time, to commit, to amend, to postpone indefinitely, or to fix a time for terminating debate and taking the question, which several motions shall have precedence in the order in which they stand arranged.
Voted to adopt.
Rule 11. Motions to adjourn (except when balloting for officers and when questions are being taken) shall always
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be first in order, and such motion and motions to lay on the table and take up from the table, shall be decided without debate.
Voted to adopt.
Rule 12. The previous question shall be put in the fol" lowing form : "Shall the main question be now put?" and until this question is decided all debate on the main ques- tion shall be suspended. If the previous question be adopted, the sense of the meeting shall immediately be taken upon any pending amendments, in the order inverse to that in which they were moved, and finally upon the main question.
Voted to adopt.
Rule 13. On the previous question no person shall speak more than once without leave of the meeting; and all questions of order which may arise while a motion for the previous question is pending shall be decided without debate.
Voted to adopt.
Rule 14. All committees shall be appointed by the Moderator, unless otherwise directed by the meeting; and, in nominations at large, no person shall nominate more than one member of a committee.
Voted to adopt.
Rule 15. All boards of officers, and also committees, may elect a chairman if they deem it advisable; otherwise, · if elected, the one first chosen shall be chairman; or, if several be elected at the same balloting, the one having the highest number of votes shall be chairman.
Voted to adopt.
Rule 16. No report of any committee chosen at a pre- vious meeting shall be acted upon at any meeting unless it has been announced in the warrant for said meeting that the report of such committee was to be considered.
Voted to adopt.
Rule 17. When the report of a committee is placed in the hands of the Moderator, it shall be deemed to be re-
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ceived, and a vote to accept the same shall discharge the committee, but shall not be equivalent to a vote to adopt it.
Voted to adopt.
Rule 18. No final action shall be taken on any article inserted in a warrant, at the request of petitioners, until the petitioners for the same shall have had opportunity to be heard on the subject therein contained.
Voted to adopt.
Rule 19. The duties of the Moderator, and methods of proceedings at meetings, not prescribed by the statutes, or by the foregoing rules, shall be determined by the rules of practice contained in "Cushing's Manual," so far as they . may be adapted to town meetings.
Voted to adopt.
ARTICLE II-SEAL OF THE TOWN
Section 1. The following shall be the device of the seal of the Town of Reading, to wit :-
Within a circle, bearing at the top "Town of Reading" and below "Settled 1639; Incorporated 1644," a shield, Ar- gent, an ancient water mill with under-shot wheel at the end thereof, in view over a stream of water, with a spruce trec at the left and three ravens au vol. Crest-an uplifted arm with the hand grasping a sword. Supporters-branches of white pine. The whole substantially like the following representation :
OF R
TOWN
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It was voted to lay this section on the table.
Section 2. Except as otherwise provided by statute. all deeds and other legal instruments requiring a seal which may hereafter be executed in behalf of the Town, pursuant to a vote of the Town or otherwise, shall be sealed with such seal, subscribed by a majority of the Board of Selectmen
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for the time being, or by the board or committee thereto authorized by the Town.
Voted to adopt.
Section 3. The Town Clerk shall be the custodian of the Town seal.
Voted to adopt.
Section 4. The Town Clerk shall keep a record in a book (to be kept for the purpose) of all deeds or other in- struments executed by the Selectmen or other officers, in accordance with the provisions of this By-Law.
ARTICLE III-POWERS AND DUTIES OF TOWN OFFICERS NOT PRESCRIBED BY STATUTES
Section 1. The Selectmen shall keep a record of all bills disapproved by them, and no such bill shall be con- sidered by any subsequent board, unless they are authorized so to do by a special vote of the Town.
Voted to adopt.
Section 2. No person who is a member of the Board of Seleetmen, or any board of elective officers, shall hold any remunerative office by virtue of an appointment by such board or boards.
Voted to adopt.
Section 3. The Selectmen shall, in their annual report, state in detail what action they have taken in the year pre- · ceding, whether as Seleetmen, Overseers of the Poor, or Surveyors of Highways. In regard to town-ways, county- ways, and other public works, they shall state specifically what have been laid out and constructed, what have been altered, what damages have been assessed and paid, what claims are outstanding, and what claims are in suit against the Town. They shall also state what ways or public works that have been ordered laid out or accepted remain to be constructed and why the work ordered has not been done. They shall especially give full reports in regard to all suits against the Town with all the circumstances relating
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thereto. They shall also make a detailed statement of the repairs and alterations made upon public buildings in their charge.
Voted to adopt.
Section 4. The Board of Assessors shall have authority to number or renumber all houses and buildings, and no one shall number or change their street numbers without first getting permission from the Board of Assessors. The Board of Assessors may, in their discretion, order numbers to be affixed to or painted on the buildings on any street. The owner of every house shall comply with such order within ten days after receiving notice thereof. The Asses- sors shall within ten days from the date of any request designate to owners the number or numbers to be affixed to houses and buildings owned by the person or persons by whom, or by whose agent, such request is made.
It was voted to lay Section 4 on the table.
Section 5. The Selectmen after drawing a warrant for a town meeting shall immediately transmit a copy of such warrant to each member of the Finance Committee.
Voted to adopt.
ARTICLE IV-LAW COMMITTEE
Section 1. The chairmen of the Board of Selectmen, Water Commissioners. Municipal Light Board, School Com- umittee, Board of Health, Sewer Commissioners and Asses- py sors shall be the Law Committee of the Town. Such Law Committee shall hereafter annually on or before the 15th day of April, and whenever a vacancy shall exist, choose some competent lawyer to act as Town Counsel, who shall be paid such a salary as may be determined by the annual town meeting.
Voted to adopt.
Section 2. The chairman of the Selectmen shall call a convention of said officers for the purpose aforesaid and shall give notice in writing to the several officers entitled to vote therein, seven days at least before said meeting.
Voted to adopt.
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Section 3. The said Law Committee shall have author- ity to prosecute and defend through the Town Counsel all litigation to which the Town is a party, and to employ special counsel whenever in their judgment necessity there- for arises.
Voted to adopt.
Section 4. The term of office of said Town Counsel shall begin on the 15th of April of each year and shall con- tinue until the election and acceptance of his successor.
Voted to adopt.
Section 5. When any suit at law or in equity. or other legal proceeding is instituted against the Town, and there is not sufficient time before action must be taken in the same, to bring the matter before the Town, the Law Com- mittee shall have authority to appear in. and answer to, such suit. through the Town Counsel. and shall have author- ity to settle all suits involving the payment of not more than $200; but in all other cases before the trial or final disposition of the same, a town meeting shall be called to art on the matter.
Voted to adopt.
ARTICLE V-TOWN COUNSEL
Section 1. The Town Counsel shall draft all bonds. deeds, leases, obligations, and other legal instruments, and do every professional act which may be required of him by vote of the Town or any board of Town Officers. Also, when required by said boards or any committee of the Town, he shall furnish a written opinion on any legal question that may be submitted to him in regard to any matter which concerns the board or committee requesting the opinion, and he shall at all times furnish legal advice to any officer of the Town who may require his opinion upon any subject con- cerning the duties incumbent upon such officer by virtue of his office.
Voted to adopt.
Section 2. He shall prosecute all suits ordered to be brought by the Town and shall appear before any court in
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the Commonwealth in defence of all actions or suits brought against the Town or its officers in their official capacity. He shall try any and all cases to which the Town shall be a party, before any tribunal, whether in law or equity, in this Commonwealth, or before any board of referees or commis- -ioners.
Voted to adopt.
Section 3. The Town Counsel shall not make final set- tlement of any litigation to which the Town is a party, ex- cept in accordance with the provisions of Section 5 of Arti- le 4 of these By-Laws.
Voted to adopt.
Section 4. Immediately upon being notified by the ( hief of Police, Selectmen, Town Clerk or any other officer of the Town of injury to the person or property under cir- cumstances which give rise to a claim for damages against the Town. the Town Counsel shall make a careful and com- plete investigation of all the facts relative thereto, and in case of injuries to a person he shall, if it seems practicable, immediately cause a physical examination of the injured person to be made by a reputable physician, and such other examinations as he sees fit. Within ten days after the claim for damages for any cause has been received by the Town Counsel he shall make a written report to the Law Commit- tee of the nature of and circumstances of the claim, together with such recommendations regarding the same as he deems advisable.
Voted to adopt.
Section 5. The Town Connsel shall prosecute in the local district court all cases for the violation of the By-Laws of the Town.
Voted to adopt.
Section 6. He shall annually make a written report to the Law Committee, to be printed in the annual town re- port. concerning the professional services rendered by him during the preceding year; said report shall contain a state- ment of each case which has been settled, tried. or other-
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wise disposed of by him during the year, and also a state- ment of each case which is still pending and the status of the same, together with such other information and recom - mendations as he may deem advisable.
Voted to adopt.
ARTICLE VI-POWERS AND DUTIES OF THE FINANCE COMMITTEE
Section 1. There shall be a Finance Committee, con- sisting of fifteen voters of the Town, no one of whom shall be a Town Officer or a member of a department receiving a salary.
The Finance Committee shall be appointed by the Selectmen within thirty days after the final adjournment of the annual town meeting; five shall be appointed annually to serve for three years each. Any vacancy in the commit- tee shall be filled by the Selectmen. The members of the Finance Committee who are in office at the time these By- Laws become effective shall hold office until the expiration of the terms for which they have been appointed. The Town Accountant shall ex-officio be a member of the com- mittee without a vote.
Voted to adopt.
Section 2. The Finance Committee shall meet at the call of the Town Accountant within fifteen days after the date the new members are appointed, and those then taking office shall be sworn to the faithful performance of their duties, and at this meeting the committee shall choose its Chairman and Clerk.
Voted to adopt.
Section 3. The Finance Committee, or its duly author- ized agents, shall have authority at any time, and upon the petition of thirty citizens shall investigate the books. ac- counts, records and management of any office or department of the Town, and said committee may employ such assist- ance as it may deem advisable for that purpose but shall have no power to incur any expense payable by the Town without authority for such expense having first been obtained from the Board of Selectmen. Said books, accounts, and
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records shall be open to the inspection of the committee or any one employed by it. All officers and committees of the Town, either elective or appointive, shall furnish to the Finance Committee, upon request, information of any kind relating to such office, department or committee, and shall, upon request, submit to the inspection of the Finance Com- mittee, or its duly authorized agents, all books, accounts, documents, correspondence and records of such office, de- partment or committee.
Voted to adopt as amended.
Section 4. The various town boards, officers and com- mittees charged with the expenditure of Town money shall, before January first of each year, prepare itemized esti- mates of amounts deemed by them necessary for the admin- istration of their respective offices or departments for the ensuing fiscal year and also a statement of expenditures of the preceding year covering the same time, with explana- tory statements of the reasons for any changes from the amounts appropriated for the same purposes in the current year. They shall also prepare estimates of all probable items of income which may be received by them during the ensuing year in connection with the administration of their departments or offices, and a statement of the amount of the appropriation requested by them for the ensuing fiscal year. Said estimates shall be filed with the clerk of the Finance Committee on or before January 15 of each year.
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