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1957/02/04SPECIAL TOWN MEETING A Special Town Meeting was held at the Berlin High School Monday Evening, February 4, 1957 at 8:00 ofclock E.S.T. The following persons were nominated from the floor for Noderator Mr. Andrew Barniak, Mm. Arthur Powers, Mrs. Doris Stawski. Mrs. Stawski withdrew. Upon a show of hands Mr. Barniakreceived 34 votes and N~. Powers received 52 votes. Mr. Powers was declared Moderator. The Clerk read the call for the meeting as follows: NOTICE SPECIAL TOWN MEETING The legal Voters of the Town of Berlin are hereby warned and notified that a Special Town Meeting of the Town of Berlin will be held on Monday, February 4, 1957 at the Berlin High School, Patterson Way, Berlin, Connecticut, which Special Meeting is scheduled at 8:00 P.M. Eastern Standard Time, then and there: To elect a, School Site Committee, which Committee will be authorized bo select a Junior high school and northwest ele- mentary school site. To appropriate ONE THOUSAND ($1,000) DOLLARS to said Site Committee to be used for landoption and appraisals only, said funds to be taken from capit~l and non-recurring expense account and/or fund, as approved by the Board of Finance. To adopt an ordinance for the regulation of snow and ice re- moval from sidewalks by the owners ~f land adjacent to the sidewalks. John W. Graham Leonard Cistare William G. Dehan Board of Selectmen Berlin, Connecticut January 29, 1957 The following resolution was presented by Mrs. Hess: "RESOLVED: That a committee of eleven (ll) Berlin citizens will comprise the School Site Committee as set forth at this Special Town Meeting. This school site committee be authorized tE select a Junior high school site and a northwest elementaT~y school site and report back to the future town meeting." Motion was made, seconded and carried to adopt the resolutior The following nominations for members~ the School Site Com- mittee were made from the floor: Charles Benner Mrs. Warren Brainerd George Varriale Arthum Ventres Henry Baldyga Aldo Castiglioni Edward Manthey Doris Stawski Carl Johnson Charles LoDolce Charles Vigra Mrs. Harold Kane James Kelly DoEglas Robie Mrs. Jack Ross Raymond Riggott William Hahn Louis Schmitz Mr. Doran presented the following resolution: "RESOLVED: That the voting be conducted by paper ballot." Motion was made, seconded and carried to adopt the resolution Motion was made by Mr. McMahon to proceed with further busi- ness of the meeting while tellers counted the votes. Motion was seconded and carried. Mr. White presented the following resolution: "RESOLVED: That one thousand ($1,000.005 dollars be appropri ated to said Site Committee to be used for land options and ap- praisals only. Said funds to be taken from Capital and Non-Re- curring Expense Account and or fund as approved by the Board of Finarlc e." Motion was made, seconded and carried to adopt the resolution The following resolution was presented by Mr. Andrew Barniak: "RESOLVED: That the following ordinance be adopted for the regulation of snow and ice removal from sidewalks in the Town of Berlin.~: REMOVAL OF SNOW AND ICE ORDINANCE Sec. 1. The owner or designated agent having the care of land or buildings fronting on any street or public place in said Town whet there is any sidewalk, shall within twelve (12) hours of daylight or not to exceed twenty four (24) hours of elapsed time immediatel following the cessation of storm of snow, ice or sleet, or the acc mulation of ice or snow thereon, cause the same to be removed from such sidewalk, and if the same cannot be wholly removed, shall spr kle thereon sufficient sand or other proper substance so that such sidewalk shall be made safe for travel, and in default thereof sha pay a fine of not less than five (5) nor more than ten (~0) dollar and for each and every hour thereafter that the same shall not be wholly removed, and such sidewalk shall not be further sprinkled s. that it shall be and remain safe for travel, suhh owner or designa agen~ s~all pay a further fine of not less than five (53 nor more ten (10) dollars. After the expiration of the time limited as afo said for the removing of such snow, ice, or sleet, it shall be the duty of the Board of Selectmen or its Agent to caase the same to be removed or sprinkled with sand or other substance, and the ex- pense thereof, in case the owner or designated agent above describ~ be not prosecuted in the police court, may be collected by the ToM in an action of debt against such owner or designated agent and sh~ be and continue to be a lien and real incumbrance in favor of said Town and upon such land or building; and it shall be the duty of tl Board of Selectmen or its Agent to see that a certificate of lien therefor is recorded within sixty (60) days thereafter, unless suci expense shall have been previously paid. The previsions of this section shall apply to the falling of snow from any building and al to any footway or sidewalk or any bridge spanning any railroad in said Town. Sec. 2. Throwing Ice or Snow in the Streets from Private Property Forbidden. No person or persons shall throw or place, or cause to be thrown or placed, any ice or snow into the street within said Town from private land or property without the authority or per- mission of the Board of Selectmen or its Agent first obtained. Sec. B. Throwing Ice and Snow into Streets, How Allowed, Penalty.: Every person who shall throw or place, or cause to be thrown or placed, any ice or snow into any streets within said Town from the sidewalks or gutters of said streets; shall cause the same to be broken into small pieces and spread evenly on the surface of such street, and in default thereof shall pay a fine of not less than two (21 nor more than five (5) dollars for every such offense. ted Zhan ~o The following amendment was proposed by Mr. Edward 01son, Jr. "That the following be deleted from Sec. l: ~'and for each and every hour thereafter that the same shall not be wholly removed, and such sidewalk shall not befurther sprinkled so that it shall be and remain safe for travel, such owner or designated agent shal2 pay a further fine of not less than five (5) nor more than ten dollars' and that the following be substituted: 'for every 50 front feet or fraction thereof'". Motion was made, seconded and rejected. The following amendment was proposed by Mr. Frank Newell: "Maximum fine not to exceed $100.00 per 100 linear feet or fraction thereof'~ this amendment to become part of Sec. l". Motion was made, seconded and carried. Motion was made, seconded and carried to delete the following from Sec. 3: "Throwing Ice and Snow into Street, How Allowed. Penalty. Every person who shall throw or place, or cause to be thrown or placed, any ice or snow into any streets within said Town from the sidewalks or gutters of said streets; shall cause the same to be broken into small pieces and spread evenly on the surface of such street," Motion was made, seconded and carried to make the remainder Sec. 3 become a part of and be attached to Sec. R. The ordinance as adopted reads: REMOVAL OF SNOW AND ICE ORDINANCE Sec. 1. The owner or designated agent having the care of land or buildings fronting on any street or public place in said Town there is any sidewalk, shall within twelve (12) hours of daylight or not to exceed twenty four (24) hours of elapsed time following the cessation of storm of snow, ice or sleet, or the mulation of ice or snow thereon, cause the same to be removed from such sidewalk, and if the same cannot be wholly removed, shall kle thereon sufficient sand or other proper substance so that such sidewalk shall be made safe for travel, and in default thereof pay a fine of not less than five (5) nor more than ten (10) and for each and every hour thereafter that the same shall not be wholly removed, and such sidewalk shall not be further sprinkled that it shall be and remain safe for travsl, such owner or desi agent shall pay a further fine of not less than five (5) nor more than ten (10) dollars. After the expiration of the time limited aforesaid for the removing of such snow, ice, or sleet, it shall the duty of the Board of Selectmen or its Agent to cause the same to be removed or sprinkled with sand or other substance, and the pense thereof, in case the owner or designated agent above be not prosecuted in the police court, may be collected by the in an action of debt against such owner or designated agent and be and continue to be a lien and real incumbrance in favor of sa~d and upon such land or building; and it shall be the duty of Board of Selectmen or its Agent to see that a certificate of lien therefor is recorded within sixty (60) days ~hereafter, unless expense shall have been previously paid. The provisions of this section shall apply to the falling of snow from any building and to any footway or sidewalk or any bridge spanning any railroad in said Town. Maximum fine not to exceed $100.00 per 100 linear feet or fraction thereof. Sec. 2. Throwing Ice or Snow in the Streets from Private Property Forbidden. No person or persons shall throw or place, or cause to be thrown or placed, any ice or snow into the street within said Town from private land or property without the authority or per- mission of the Board of Selectmen or its Agent first obtained; and in default thereof shall pay a fine of not less than two (2) nor i more than Five (5) dollars for every such offense. The Tellers reported the following vote: ~Aldo Castiglioni 104 ArthNr Ventres Mrs. Jack Ross 78 Charles LoDolce 75 Charles Vigra 75 RaMmond Riggott 74 Carl Johnson 72 William Hahn 68 George Varriale 67 Edward Manthey 66 Charles Benner 63 Douglas Robie 62 Mrs. Harold Kane 61 James Kelly 58 Mrs. Warren Brainerd 55 Doris Stawski Henry Baldyga 42 Louis Schmitz 32 The following were declared members of the School Site Com- mittee: Aldo Castiglioni Arthur Ventres Mrs. Jack Ross Charles LoDolce Charles Vigra Raymond Riggott Carl Johnson William Hahn George Varriale Edward Manthey Charles Benner The meeting adjourned at 9:40 P.M. Respectfully submitted, TOWN CLERK Minutes of the Meeting February 4, 1957 OFFICE OF THE SELEOTME~ The meeting opened at 7:00 P.M. at the Hig~ School, with the three Selectme~ present. Minnies of the pre~ ous meeting were accepted as written. Mrs. Mahan and Mr. Wallace of the press were pres~%. Item I Mr. Graham moved, Mr. Cistare seconde~ antborizing the First Selec~nan to s~ ~he agre~nent with the City of New Britain allying Berlim to use the ~cm-oembustible dump located on Deming Road. Motion unanimously carried, Mr. Graham explained that this agreement was reviewed by the T~wn Counsel and found to be free of fla-~. It~n II Mr. Graham moved, Mr. Dehan seconded that the proposed sidee~lk ordinanc% cevering snow r~oval, sanding etc., prepared by the Sidewalk Advisory Committee, be accepted by the Board of Selectmen. This ordinance to be heard and acted upon at a public hearing held on Feb. 4th 8:00 P.~ High School. I%~ III Mr* Graham moved, Mr. Cistare seconded that the Board of Finanoe be requested t~ furnish a sum, not to exceed $4000. to replenish the depleted budget item of Snc~ Rmnoval. Mr. Graham pointed out that this amount was merely an estimaSe by the Board o~ Selecting. Motion unanimously carried. Item IV After some discussion concerning the outcome of the high ground to the rear o'~ the Town Farm, it was agreed that the First Selec~nan obtafu an opinion from the T~wn Planning Commission as to whether or not it would be advantageous to have this high ground moved into the swamp before the proposed Route 72 by-pass is c~enced, Mr. Graham to report back. Meeting adjourned at 7:45 P.M.