USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1958 > Part 5
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ARTICLE 57. On motion of Harold D. Kilgore, Jr. it was voted that the sum of Twenty-two Thousand Seven Hundred One and 41/100 Dollars ($22,701.41) be raised and appropriated and the sum of Forty- two Thousand Eight Hundred Ninety-eight and 59/100 Dollars ($42,898.59) be transferred from the Road Machinery Fund, and that said sums aggregating Sixty-five Thousand Six Hundred Dollars ($65,600.00) be appropriated for the maintenance, repair and operation of road machinery and for the purchase by the Board of Public Works of:
One carry-all type survey truck,
Two 5-ton dump trucks,
One 34 -ton pick-up truck, and One mechanical back-hoe
and that the Board of Public Works be and they hereby are authorized and empowered to sell or exchange upon such terms and conditions as they may determine:
One 1951 GMC suburban truck
One 1949 Sterling Dump truck
One 1950 Sterling dump truck
One 1950 Ford pick-up truck, and
One 1953 Oliver 88 Hydro-trencher
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and the proceeds from such sale or exchange be appropriated, in addi- tion to the aforementioned Sixty-five Thousand Six Hundred Dollars ($65,600.00) for the purchase of the aforementioned equipment, and the Town Accountant be and he hereby is authorized and instructed to transfer such amount to carry out the purpose of this vote.
On motion of Lawrence Drew it was voted to adjourn until March 27, 1958 at 7:45 P. M. to meet in the Memorial High School Auditorium.
Meeting adjourned at 10:45 P. M.
169 Town Meeting Members were present.
A true copy
Attest
BOYD H. STEWART Town Clerk
ADJOURNED ANNUAL TOWN MEETING
Memorial High School Auditorium March 27, 1958
The meeting was called to order by the Moderator, Kenneth C. Latham at 8:00 P. M.
Invocation was given by Rev. Paul E. Sheldon.
The Town Clerk read the Petition and his Return on posting notices for reconsideration of Article 38, in accordance with Article 1, Section 2 of the Town's By-Laws.
Paul R .Bergholtz moved that the vote under Article 38, passed at the Adjourned Annual Town Meeting held on March 24, 1958, be recon- sidered.
This motion was lost.
ARTICLE 58. On motion of Harold D. Kilgore, Jr. it was voted that the sum of Nine Thousand Six Hundred Dollars ($9,600.00) be raised and appropriated for the purchase of two gasoline powered sidewalk snowplow tractors, complete with all necessary snowplowing equip- ment, for the use of and under the direction of the Board of Public Works.
90 voted in the affirmative.
43 voted in the negative.
ARTICLE 59. On motion of Coleman J. Donahue it was voted that the sum of One Hundred Three Thousand Dollars ($103,000.00) be raised and appropriated for the purpose of laying and relaying water mains of not less than six inches but less than sixteen inches in diameter, and for the development of additional well fields, including wells,
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pipes, and original pumping station equipment, and for the acquisition of land for said purposes, and to meet said appropriation the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow One Hundred Three Thousand Dollars ($103,000.00) under au- thority of Chapter 44 of the General Laws and to issue bonds or notes of the Town therefor payable in not more than fifteen years from the date thereof or at such earlier date as the Treasurer and Selectmen may determine, and said bonds or notes shall be signed by the Treasurer and countersigned by the Selectmen, and the Board of Public Works is hereby authorized to proceed with the development of additional well fields, including wells, pipes and original pumping station equipment, and the laying and relaying of water mains of not less than six but less than sixteen inches in diameter, and for the acquisition of land for said purposes, and to enter into all contracts and agreements in respect thereto and to do all other acts and things necessary and proper for carrying out the provisions of this vote.
129 voted in the affirmative.
0 voted in the negative.
ARTICLE 60. On motion of Coleman J. Donahue it was voted that the sum of One Hundred Twelve Thousand Dollars ($112,000.00) be raised and appropriated for the purpose of constructing filter beds, standpipe, and building pumping stations, and for the acquisition of land for said purposes, and to meet said appropriation the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow One Hundred Twelve Thousand Dollars ($112,000.00) under au- thority of Chapter 44 of the General Laws and to issue bonds or notes of the Town therefor payable in not more than fifteen years from the date thereof or at such earlier date as the Treasurer and Selectmen may de- termine, and said bonds or notes shall be signed by the Treasurer and countersigned by the Selectmen, and the Board of Public Works is here- by authorized to proceed with constructing filter beds, standpipe, and building pumping stations, and for the acquisition of land for said purposes, and to enter into all contracts and agreements in respect thereto and to do all other acts and things necessary and proper for carrying out the provisions of this vote.
135 voted in the affirmative.
0 voted in the negative.
ARTICLE 61. On motion of Coleman J. Donahue it was voted that Article 61 be indefinitely postponed.
On motion of R. Tracy Eddinger it was voted to take Article 3 from the table.
ARTICLE 3. R. Tracy Eddinger moved that a Special Committee to be known as the "Water Resources Study Committee" be formed. Said Committee to consist of one member of the Board of Public Works, and one member of the Finance Committee, and one member from the Planning Board, and these members to be appointed by their respective boards, and four members from the town meeting members, preferably,
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registered professional engineers, to be appointed by the Moderator. Said committee to investigate the water resources of the Town of Read- ing as versus an MDC supplementary water supply and to report back to the Town not later than the next annual town meeting.
This motion was lost.
On motion of Lawrence Drew it was voted that Article 3 be laid on the table.
ARTICLE 62. On motion of William H. Dolben it was voted that Article 62 be indefinitely postponed.
On motion of Lawrence Drew it was voted to take Article 2 from the table.
ARTICLE 2. The following report was read by Kenneth C. Latham.
REPORT OF THE TOWN BY-LAW COMMITTEE
In line with the vote of the Special Town Meeting of 1957, the ap- pointed Town By-Law Committee has met frequently, studied Reading's Town By-Laws as well as the By-Laws of many other towns, and has prepared a recommended By-Law for the Town of Reading for action at the Annual Town Meeting of 1958.
The committee first met for appraisal of the existing By-Law, then notified all Town Boards, committees and officers of the study and re- quested any recommendations they might care to have considered. We also secured copies of many of the By-Laws of communities comparable to Reading, which were studied and analyzed. As a result the pro- posed By-Laws were developed.
Decisions of the committee were predicated on an objective basis only, without regard to individual personalities of a particular official or present board makeup. The By-Laws proposed, on this basis, will, we believe, be for the best interest of Reading and its citizens presently and in the future.
In order to effect economies in the final printing of the new By- Laws, plus the fact that no extra copies of the old By-Laws are avail- able, and to simplify this report, we will discuss the proposed By-Laws from the standpoint of additions, eliminations and changes from the existing By-Laws of Reading by sections and paragraphs and the reason therefor.
ARTICLE I. Section 1 has been changed by eliminating the ques- tion of granting licenses for the sale of intoxicating liquors. This has been eliminated because the question is resolved every second year on the ballot at the regular gubernatorial election. Also eliminated is the following paragraph, "Votes may also be taken upon any question that the Town at a previous meeting may have referred to the next an- nual meeting to be decided by ballot." The reason for this elimination is that this matter is covered by the General Laws and the representa- tive form of Town Meeting enabling act. An example of this conflict is fluoridation which under the law could not be handled this way. It required a special act of the legislature.
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Section 2. The question of reconsideration is eliminated, as it will be taken up under Article II, Section 2.
Section 2a becomes Section 3, listing the ex-officio members of the representative form of Town Meeting. These are the same with the exception of the addition of the Vice-Chairman of the Finance Commit- tee. Also has been added Section 4, which limits to one vote any person serving in a dual role as an elected Town Meeting Member and an ex- officio member.
ARTICLE II. A new article covering conduct of town meetings and designed to give normal parliamentary procedure quickly to each representative. It follows for the most part the present by-laws and rules accepted by representative form of town meeting.
Section 1, Rule 3. The word "and" is deleted and "or" is substi- tuted so that original questions now read "except that the largest sum or the longest time shall be put first."
Rule 8. Regarding motions in writing, the words "or Town Clerk" are eliminated so that the requests will be limited to the Moderator. Rule 10. The word "questions" is changed to read "votes" which makes the rule specific and understandable. Rule 12 of the old By-Laws, hav- ing to do with the previous question, is eliminated as it is inconsistent with proper parliamentary procedure; namely, it permits debate. Rule 14. Roberts Rules of Order Revised are substituted for Cushing's Man- ual, as in the opinion of the By-Laws Committee, Roberts Rules have more universal acceptance today than does Cushing's Manual.
Section 2. A new section has been added which covers specifically the question of reconsideration and follows the more accepted parlia- mentary procedure of a two-thirds vote in order to effect the same. Here, however, it should be noted both majorities as well as two-thirds are used. The opposition to two-thirds is based on minority control being a possibility under certain circumstances.
Section 3 covers the notice of every vote for reconsideration.
Section 4. We have added the rules governing registered voters speaking at Town Meeting and is in line with the present rules of this body.
ARTICLE III replaces the old Article II covering the Seal of the Town and is unchanged in substance.
ARTICLE IV replaces Article III and is identical with the old Article III with the exception that penalties are raised from $10.00 to $20.00 plus the addition of the words, after "board or boards" of "unless such appointment is approved by the Law Committee". This controls the dual capacity but allows the securing of the best available persons in positions of importance should said person be an elected official.
ARTICLE V is the former Article IV having to do with the Law Com- mittee, and the required date of April 15 is changed to April 1 under Section 1 and Section 4. The amount which the Law Committtee may settle is changed from $500.00 to $2,000.00. The date coincides with other Town procedure, and the amount is more in line with inflationary
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values of damages. Otherwise a special town meeting might have to be called on settlements.
ARTICLE VI is the same as old Article V covering the Town Coun- sel, and the only proposed changes are under Section 4 wherein the words are added after the Town Counsel "or upon his request the said Board or officer shall within ten days make a careful and complete investigation" etc., and the last paragraph under this section is changed from the words "ten days" to "a reasonable time". This we feel is a more practical and realistic request to make upon Town Boards, officers, and the Town Counsel.
ARTICLE VII covering the Finance Committee was formerly Article VI.
Section 2. The Finance Committee is not only authorized to choose a chairman, but the new By-Laws require also a vice-chairman. This affords a qualified and prepared substitute for the chairman in his ab- sence at town meetings, etc.
Section 3 is added to the effect that if any member of the Finance Committee is absent from three or more successive meetings, the other members of the committee may, by the affirmative vote of each of its members, request the Board of Selectmen to remove such absenting member and promptly fill the vacancy. This is done because the Fi- nance Committee is one of the important boards of the town and must have not only qualified members but those who are in a position to at- tend and participate in the deliberations of the group.
Section 4 would require any member of the Finance Committee who becomes a candidate for elective office of the town, except Town Meeting membership, to resign upon the filing of his election papers. However, after further deliberation and viewing pluses versus the minuses of this particular restriction, it is the considered opinion of the By-Laws Committee that this section be deleted by amendment as the securing of one month of time is probably more than offset by the need for encouragement for any and all good, conscientious citizens to run for public office whether they be members of the Finance Committee or not. Naturally, should a member be elected to public office, he automatically ceases to be a member of the Finance Committee.
Section 5 requires written recommendations to the Town Meeting by the Finance Committee on any articles involving the expenditure, ap- propriation, and raising and borrowing of money on the specific article or as a result thereof.
Section 6 requires the Finance Committee to make their report prior to the Annual Town Meeting, which is the first Monday of March, and their reports regarding Special Town Meetings one week prior to that Special Meeting.
Section 7 is the same as old Section 5.
Section 8 replaces old Section 3 with only change being that one hundred signatures are necessary for the petition instead of thirty pre- viously called for, and the petition must cover matters pertaining to the finances of any office or department. The town has grown, and one
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hundred is not unreasonable. The Finance Committee is concerned with Town finances and is not a policy or management making Board. Policy belongs to particular Board with the approval of this body.
ARTICLE VIII replaces old Article VII covering the Town Clerk, and is unchanged.
ARTICLE IX replaces old Article VIII and adds one section, Section 1 which requires the Town Treasurer to have custody of all certified checks filed with the town. At the present time they may remain with the Board or be in the Treasurer's custody. This is on certified checks covering bids, etc.
ARTICLE X Contracts by Town Officers, replaces old Article IX, and to this has been added Section 1 to the effect that no officer of the Town except a Town Meeting Member shall in his official capacity make or pass upon or participate in making or passing upon, any sale, contract or agreement or the terms or amount of any payment in which the Town is a party and in which such officer has any personal financial interest, direct or indirect. As a matter of practice, this has undoubtedly been followed. Ethically, however, as a practical matter, in the opinion of the By-Laws Committee, it should be inserted to cover the future. It is incorporated in the by-laws of many other towns.
Section 2 is also added copy. This is a permissive section and only requires that any matters pertaining to Section 2 shall be presented to the Board of Selectmen who by vote may authorize the same. We are amending this section by inserting after the word "Town" in line 2 the following: "except a Town Meeting Member", and by striking out "in each of the above cases", as we feel this may be too severe, and in many cases a blanket vote would cover such as professional services of a doctor being authorized etc. It works as a two-fold sword. It pro- tects the Town, and it also protects the officer or employee who may do business with the Town from criticism or ugly rumors.
Section 3 is the same as in the old By-Laws excepting public com- petitive bids must be called for when the sum exceeds $1,000.00 instead of $2,000.00 as previously required.
ARTICLE XI is the same as old Article X covering streets and high- ways, and there is added in Section 2 the requirements for written per- mits for demonstrations, processions, etc. by obtaining a written per- mit from the Board of Selectmen and the Board of Public Works. One is responsible for public safety; the other has jurisdiction of streets and highways.
Section 5 has been changed by adding in addition to any "way", the parking areas or other land owned by the Town. It is important that these locations also be cleaned of ice and snow even if it was moving a car.
Section 6 covers the amendment to the Town By-Laws passed on March 28, 1957, on discharge of ground waters.
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ARTICLE XII replaces old By-Law XI, and there has been added Section 3 covering the discharge of firearms which was passed by the Town on April 16, 1956.
Section 11, having to do with the repairing or taking down of any buildings, has added conditions as set up not only by the Board of Se- lectmen, but also by the Board of Public Works, as they have sidewalk and street control and should be considered.
Section 14, on the authority of erecting or maintaining awnings, has been changed from the Board of Selectmen to the Board of Public Works, as they have control of sidewalks in the town at present.
ARTICLES XIII and XIV are the same as Old Articles XII and XIII.
ARTICLE XV is unchanged from old Article XIV. We call your at- tention to the fact, however, that Reading is the only Town in Middle- sex County operating under the Acts of 1913. We did not feel this was within the scope of our authority.
ARTICLE XVI inserts the new By-Law covering the Council for the Aging as accepted by the Town on March 21, 1957.
ARTICLE XVII replaces old Article XV, and Section 4 is added cover- ing barriers around excavations as accepted by the Town on October 5, 1953.
ARTICLE XVIII replaces old Article XVI and is unchanged.
ARTICLE XIX on enforcement of By-Laws is the same excepting that each offense is punishable by a fine not to exceed $20.00 instead of the old $10.00.
ARTICLE XX on repeal is the same as Article XVIII excepting we suggest a two-thirds vote for amendment of By-Laws as a more recog- nized practice.
ARTICLE XXI Added new Article. Amendment.
Section 1 These by-laws may be amended at any annual or special town meeting by a two-thirds vote of the Town Meeting Members pres- ent and voting at said meeting, provided that an article or articles for that purpose have been inserted in the warrant for said meeting.
In this report we trust we have pointed out the major changes and the thinking behind it. Again we repeat - recommended changes are designed objectively as the committee views the situation. Our recom- mendations, however, should be carefully appraised by each one. They are subject to amendment at this meeting, a right that should be taken advantage of - if you differ from this report.
Respectfully submitted
LAWRENCE DREW GILBERT M. LOTHROP JAMES E. CALVIN CARL H. AMON, JR. KENNETH C. LATHAM
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On motion of Lawrence Drew it was voted that report be accepted and placed on file.
ARTICLE 63. It was moved by Lawrence Drew that the General By-Laws of the Town of Reading as revised to June 1, 1949, and as amended to date, be repealed and that the following By-Laws of the Town of Reading be adopted: (This motion was read in its entirety by the three Selectmen, spelling each other, exactly as it is printed in the warrant for this Town Meeting under Article 63.)
On motion of W. Kenneth Holbrook it was voted to adjourn until March 31, 1958 at 7:45 P. M. to meet in the Memorial High School Audi- torium.
Meeting adjourned at 11:45 P. M.
140 Town Meeting Members were present.
A true copy Attest
BOYD H. STEWART
Town Clerk
ADJOURNED ANNUAL TOWN MEETING
Memorial High School Auditorium
March 31, 1958
The meeting was called to order by the Moderator, Kenneth C. Latham at 8:00 P. M.
Invocation was given by Rev. Hubert C. Mathews.
ARTICLE 63 (continued) W. Kenneth Holbrook moved to amend Article I, Section III of the General By-Laws to read as follows:
Any representative town meeting held under the provisions of Chap- ter 7 of the Acts of 1943, shall be limited to the voters elected under Sec- tion 3 thereof.
This motion was lost.
ARTICLE 63. Robert B. Carlson moved to amend Article 1, Section 3 of the General By-Laws as follows:
Section 3 Any representative town meeting held under the provi- sions of Chapter 7, of the Acts of 1943, shall be limited to the voters elected under Section 3 thereof, together with the following designated as Town Meeting Members at large: namely, any member of the General Court of the Commonwealth from the Town, the Moderator, the Town Clerk, the members of the Board of Selectmen, the Chairman of the School Committee, the Chairman of the Board of Public Works. and add Section 5 as follows:
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Section 5. The following are designated as Town Meeting Members at large with all rights of membership except the right to vote unless any of said persons are elected town meeting members: Members of the Board of Public Works, School Committee, Finance Committee, Per- sonnel Board, Municipal Light Board, Trustees of the Public Library, Planning Board, Board of Public Welfare, Board of Assessors, Board of Cemetery Trustees, Board of Health, Town Accountant, Town Counsel and Town Treasurer.
This motion was lost.
ARTICLE 63. W. Kenneth Holbrook moved that the motion of Lawrence Drew to repeal the General By-Laws of the Town of Reading as revised to June 1, 1949 and as amended to date, and to adopt the By- Laws as stated in said motion, be amended by striking out in Section 3 of Article 1 of the By-Laws as recited in said motion, the words :-
"and Vice Chairman of the Finance Committee"
and substituting therefor the words :-
"or, in his absence, the Vice Chairman of the Finance Committee" so that said section 3 of Article 1 shall read as follows:
SECTION 3. Any representative town meeting held under the pro- visions of Chapter 7, of the Acts of 1943, shall be limited to the voters elected under Section 3 thereof, together with the following designated as Town Meeting members at large; namely, any member of the Gen- eral Court of the Commonwealth from the Town, the Moderator, the Town Clerk, the Members of the Board of Selectmen, the Chairman of the School Committee, the Chairman of the Finance Committee or, in his absence, the Vice Chairman of the Finance Committee, the Chair- man of the Personnel Board, the Chairman of the Board of Public Works, the Chairman of the Municipal Light Board, the Chairman of the Board of Public Welfare, the Chairman of the Trustees of the Public Library, the Chairman of the Board of Assessors, the Chairman of the Planning Board, the Chairman of the Board of Cemetery Trustees, the Chairman of the Board of Health, the Town Accountant, the Town Counsel and the Town Treasurer.
This motion was lost.
70 voted in the affirmative (in favor of the motion of Lawrence Drew).
65 voted in the negative.
ARTICLE 63. A. Lloyd David moved that the motion of Lawrence Drew to repeal the General By-Laws of the Town of Reading as revised to June 1, 1949 and as amended to date and to adopt the By-Laws as stated in said motion, is amended as follows:
1. By substituting the word "Selectmen" or the words "Board of Selectmen" in each and every place where they appear in Article VII, Sections 1, 3 and 4 and substituting therefor the word "Moderator."
This motion was lost.
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ARTICLE 63. (continued) On motion of A. Lloyd David it was voted that Article II, Section 1, Rule 2 be amended to read as follows:
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 only. On request of not less than twenty members a vote shall be taken by calling the roll.
This amendment was passed.
ARTICLE 63. On motion of Carl H. Amon, Jr. it was voted that the motion of Lawrence Drew to repeal the General By-Laws of the Town of Reading as revised to June 1, 1949, and as amended to date, and to adopt the By-Laws as stated in said motion, be amended by add- ing at the end of Section 1 of Article IV of the By-Laws as recited in said Motion the following :--
"unless said appointment to a remunerative office is approved by the Law Committee",
so that Section 1 of Article IV shall read as follows:
"Section 1. No person who is a member of the Board of Selectmen, or any board of elective officers, shall hold any remunerative office by virtue of an appointment by such board or boards unless said appoint- ment to a remunerative office is approved by the Law Committee."
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