INTRODUCTION
The Board of Selectmen is pleased to present its report to Town Meeting of its main motions under the following articles. These votes are the result of hearings conducted by the Board at which proponents and opponents of the various articles were heard. The Board knows that the Town Meeting will give fair and serious consideration to all of the important issues raised by the various articles. The Board wishes the Town Meeting well in its deliberations and stands ready to respond to any questions or comments concerning these articles.
ARTICLE 3 APPOINTMENT OF MEASURERS OF WOOD AND BARK
To choose and appoint all the usual Town Officers not hereinbefore mentioned, in such a manner as the Town may determine, or take any other action related thereto.
(Inserted by the Board of Selectmen)
VOTED: That, John A. FitzMaurice, 17 Lakeview, be and hereby is appointed Measurer of Wood and Bark until the next Annual Town Meeting
(5-0)
ARTICLE 4 ELECTION OF ASSISTANT MODERATOR
To elect a Town Meeting Member as Assistant Moderator for a term of one year, as provided in Title I, Article 1, Section 11, A, of the By-Laws.
(Inserted at the request of the Town Moderator)
VOTED: The Moderator will conduct an election for the position of
Assistant Moderator which was created by a Bylaw amendment
last year. The text of the Bylaw is as follows:
“Section 1. Assistant Moderator
A. Election. Each year at the Annual Town Meeting, the Town
Meeting Members shall elect one of their number to serve as
Assistant Moderator for a term of one year, or until his or her
successor is elected and qualified.
B. Duties. Whenever the Moderator is unavailable, the Assistant
Moderator shall preside at Town Meeting. In addition, the
Assistant Moderator shall assist the Moderator in the
performance of his or her other duties, as the Moderator may
direct.”
(5-0)
COMMENT: This Bylaw was passed by the Town Meeting last year at the request of the Town Moderator. The Bylaw is self-explanatory, and the Board is certain that the Moderator will speak to it. The Moderator will conduct an election to fill this position under this Article.
ARTICLE 15 BYLAW AMENDMENT/TEMPORARY SIGNS II
To see if the Town will vote to amend the Town Bylaws to establish a special permit process, under authority of the Park & Recreation Commission and School Committee, to allow for the temporary display of advertising/sponsorship signs under an established set of rules and conditions at athletic fields under their control or take any related action thereto.
(Inserted at the request of the Park & Recreation Commission)
VOTED: That Article 1 Use of Areas Under Control of Park Department
and Article 2 Use of Areas Under Control of the School
Department of Title IV of the Bylaws be and hereby are
amended to provide a new Section 11 under Article 1 and new
Section 9 under Article 2 to provide as follows: (The following
amends Article 1, Section 11, however, the same language
shall be used to provide for a new Section 9 under Article 2 but
with a different section reference.)
“Section 11. Permit for Advertising Signs
The Park and Recreation Commission and the School Committee
may issue permits for a fee not to exceed $75.00 to allow the
placement of temporary advertising signs on the Town’s athletic
fields. Such signs would be allowed by said commission and said
committee depending upon their respective jurisdictions. The
permit(s) shall be at the sole discretion of the commission and
the committee and may only be granted to Arlington public
or private school athletic teams, the recreation department,
Arlington Youth Sport organizations and Arlington residents
coordinating a special event fundraising for a charitable
organization. The commission and the committee may make
appropriate regulations regulating the issuance of such permits
consistent with this Bylaw. This provision shall supersede any
contrary provisions of Article 1 Billboards and Signs of Title V
of these Bylaws.”
(3-2)
(Ms. Mahon and Mr. Lyons voted in the negative)
COMMENT: The intent of this Bylaw provision is to provide revenue to the Town in the approximate amount of $10,000 generated from the issuance of permits, albeit some of which will be derived from Town departments. To the extent that fees are charged to Town departments they would be handled in a gray bill fashion, which in effect is a transfer of funds between departments. The principal purpose, however, of the proposed amendment would be to enable the users of the fields to solicit funds from local businesses who would pay for the privilege of placing tasteful advertising signs on the various fences on Town playing fields. All such fees given to Town government organizations would go to the General
Fund and perhaps be later identified for appropriation for much needed maintenance of Town fields. All such funds enuring to the benefit of private organizations would augment their operating funds and thus contribute to their continued viability. Many such organizations exist on shoe string budgets.
Mrs. Dias, Mr. Greeley and Mr. Hurd believe that any revenue, however modest, generated for the Town coffers is beneficial. They also believe that the fees charged to the groups using the fields would provide funds to offset their operating expenses and in this way help such organizations remain financially viable.
Mr. Lyons is of the view that the process proposed is not worth the administrative oversight that the plan would require. Mrs. Mahon is of the view that private groups would prefer to do their own fundraising without having to solicit funds under this provision. She also believes that following through with this provision would pit some private organizations against each other in attempting to secure funding.
The Park Commission will provide further information regarding this article. The last sentence is required since signs such as these are arguably prohibited by Article 1 of Title V of the Bylaws relating to signs and billboards. A change to the zoning Bylaw would also be required since the display of signs in Open Space districts, in which most playing fields exist, do not permit the display of advertising signs of any kind. If an affirmative vote is taken under Article 30, this article (if passed) will need to be reconsidered to change the new section from 11 to 12.
ARTICLE 16 ABANDONMENT OF EXTERIOR LINES
To see if the Town will vote to abandon the exterior lines at 874 – 880 and 980 Massachusetts Avenue in support of the redevelopment of the site by Boston Federal Savings Bank, or take any action related thereto.
(Inserted at the request of 10 registered voters)
VOTED: That the Town hereby votes to abandon the exterior lines at 874 – 880 and 980 Massachusetts Avenue.
(5-0)
COMMENT: Exterior Lines are lines shown on a plan that the Town has previously voted on a particular public way. The purpose of exterior lines is to preclude any building of structures within the exterior lines of a Town street which would hinder the widening of that street. The Town established exterior lines on Massachusetts Avenue in the 1920s and 30s in the belief that Massachusetts Avenue would be widened for its entire length within the Town. Such widening has occurred in many portions of the avenue. The abandonment of lines at the above-referenced addresses would facilitate the development of a new Boston Federal Bank branch to be built on 874 – 880 Massachusetts Avenue. The
abandonment would permit the developer to place the development close to Massachusetts Avenue within the existing exterior lines so as to provide an effective space buffer for the residents behind the development on Lockeland Avenue. The site at 980 Massachusetts Avenue will see the destruction of the existing branch and the placement of the house presently to the east of Hodgdon Noyes and other development. In like fashion the abandonment of exterior lines would permit the placement of these structures as far as possible away from residences on Mt. Vernon Street. The Redevelopment Board has suggested this action as part of their Environmental Design Review process. It may make sense for the Town to eventually abandon all exterior lines on Massachusetts Avenue. There are many existing encroachments of exterior lines up and down the avenue. Since the further widening of Massachusetts Avenue is unlikely, the Town Meeting may wish to abandon these
lines sometime in the future. This vote would abandon the lines only for these two projects.
ARTICLE 19 BYLAW AMENDMENT/SNOW REMOVAL-RESIDENCES
To see if the Town will vote to amend Section 24, “Snow Removal – Residences” of Article 1 “Public Ways” of Title III of the Bylaws by replacing “fine of $10 per day” with “fine of $25 per day”, or take any action related thereto.
(Inserted by the Board of Selectmen)
VOTED: That the Town hereby amends Section 24 “Snow Removal – Residences” of Article 1 ‘Public Ways’ of Title III of the Bylaws by replacing ‘$10.00’ with ‘$25.00’ so that as amended Section 24 shall provide as follows:
“The owner or occupant of any residentially zoned land abutting a
paved sidewalk in the Town shall cause all snow and ice to be
removed from said sidewalk by plowing, shoveling, scraping or
otherwise so as not to damage such sidewalk, and within eight hours
between sunrise and sunset after such snow and ice have come upon
the sidewalk. Only so much of said sidewalk that shall afford a
space wide enough to accommodate the passage of two pedestrians
shall be required. Violations of this section shall be punishable by a
fine of $25.00 per day that the snow and ice are not so removed.”
(5-0)
COMMENT: The Board has noticed that many residences, condominium complexes, apartment buildings and businesses in the Town have not been abiding by the snow removal provisions of Sections 24-26. Many such owners have been insufficiently encouraged to comply due to the relatively low level of the fine of $10.00 for residential use and $20.00 for businesses. The Board, therefore, believes that an increase to $25.00 is warranted for all residential uses and $50.00 for business uses. Articles 20 and 21 seek an increase in the respective fine levels. Article 20 proposes an increase for condominium complexes and apartments from $10.00 to $25.00 per day.
Article 21 proposes an increase from $20.00 per day to $50.00 per day for businesses.
ARTICLE 20 BYLAW AMENDMENT/SNOW REMOVAL APARTMENTS/CONDOMINIUMS
To see if the Town will vote to amend Section 25, “Snow Removal – Apartments/Condominiums” of Article 1 “Public Ways” of Title III of the Bylaws by replacing “fine of $10 per day” with “fine of $25 per day”, or take any action related thereto.
(Inserted by the Board of Selectmen)
VOTED: That the Town hereby amends Section 25 “Snow Removal/Apartments/Condominiums” of Article 1 “Public Ways”
of Title III of the Bylaws by replacing “$10.00” with “$25.00” so that
as amended Section 25 shall provide as follows:
“The owner of any residential property utilized for apartment house or
multi unit condominium use that abuts a paved sidewalk in the Town shall cause all snow and ice to be removed from said sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within eight hours
between sunrise and sunset after such snow and ice have come upon
the sidewalk. Only so much of said sidewalk that shall afford a
space wide enough to accommodate the passage of two pedestrians
shall be required. Violations of this section shall be punishable by a fine of $25.00 per day that the snow and ice are not so removed.”
(5-0)
COMMENT: See comment under Article 19.
ARTICLE 21 BYLAW AMENDMENT/SNOW REMOVAL/BUSINESSES
To see if the Town will vote to amend Section 26, “Snow Removal – Businesses” of Article 1 “Public Ways” of Title III of the Bylaws by replacing “fine of $20 per day” with “fine of $50 per day”, or take any action related thereto.
(Inserted by the Board of Selectmen)
VOTED: “That Section 26 of Article 1 of Title III of the Bylaws be and hereby
is amended by striking out the figure $20.00 and substituting
therefore $50.00 so that as amended the Bylaw shall provide as follows:
‘The owner or occupant of any land abutting upon a
sidewalk of a public way in this Town which said property is used for business purposes other than farm business shall cause all snow and ice to be
removed from said sidewalk by plowing, shoveling, scraping or
otherwise so as not to damage such sidewalk, and within the first three hours
between sunrise and sunset after such snow and ice have come upon
such sidewalk. Violations of this section shall be punishable by a fine of $50.00 per day that the snow and ice are not so removed.”
(5-0)
COMMENT: See comment under Article 19.
ARTICLE 22 BYLAW AMENDMENT/PUBLIC WAYS
To see if the Town will vote to add a new Section under Article 1 “Public Ways” of Title III as follows: “No person, except an officer or employee of the Town shall place or throw or cause to be placed or thrown on to any public sidewalk, street, fire hydrant, or highway any snow, dirt, gravel or foreign substance or material. Violations of this section shall be punishable by a fine of $25 per day that the material is not removed. The Board of Selectmen is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized; the Board is also authorized to exempt citizens upon petition showing demonstrable extreme hardship due to health and/or financial duress”, or take any action related thereto.
(Inserted by the Board of Selectmen)
VOTED: That Article 1 ‘Public Ways’ of Title III of the Bylaws be and hereby is amended by adding a new Section 33 Prohibition Against Obstructing Public Ways to provide as follows:
“Section 33. Prohibition Against Obstructing Public Ways.
No person, except an officer or employee of the Town shall place or
throw or cause to be placed or thrown on to any public sidewalk,
street, fire hydrant, or highway any snow, dirt, gravel or foreign
substance or material. Violations of this section shall be punishable
by a fine of $25.00 per day if the material is not removed. The Board
of Selectmen is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized; the Board is also authorized to exempt citizens upon petition showing demonstrable extreme hardship due to health and/or financial duress”.
(5-0)
COMMENT: The Board is concerned about the practice of some residents of the Town,
especially in the wintertime, throwing substances on the public ways or hydrants while clearing their property of snow or other materials that result in impediments to travel or access to fire hydrants. This article would address that issue.
ARTICLE 23 BYLAW AMENDMENT/REPAIRS TO PRIVATE WAYS
To see if the Town will vote to amend Article 3, Repairs to Private Ways of Title III of the Bylaws, or take any action related thereto.
(Inserted by the Board of Selectmen)
VOTED: That Article 3 Repairs to Private Ways of Title III of the Bylaws be and hereby is amended in Sections 2 and 6 as follows:
A. In Section 2 by adding the words “thin asphalt overlays,”
with a comma thereafter after the word “skim coating”;
B. by deleting the last sentence of Section 2 which
reads “Drainage shall not be included,” and substituting
therefore the following: “Drainage may be included when
necessary as determined by the Public Works Director, to
prevent further erosion”, so that Section 2 as amended shall
provide as follows:
“The Board may vote to direct the Town Manager
to make temporary repairs to private ways. Temporary
repairs shall be limited to the filling of potholes, temporary
patching, skimcoating, thin asphalt overlays, armor coating
and grading of dirt roadways providing however, in the case of
said grading, the petitioners agree to enter into a contract
with a private contractor or the Town to pave the roadway
forthwith. Drainage may be included when necessary as determined
by the Public Works Director in order to prevent further erosion.”
C. By deleting the words “one-third deposit” and
substituting the words “two-thirds deposit” as they appear
in the second paragraph of Section 6 Assessment of Costs;
D. By adding a new sentence after the existing second paragraph of
Section 6 to provide as follows: “However, such apportionment,
assessment and collection shall be limited to five years”;
E. So that the second paragraph Section 6 as amended shall provide as follows:
“A two-thirds deposit of the total estimated cost of the
completion of the repair project shall be required before
any work can be commenced. All remaining costs shall
be apportioned, assessed and collected on a per-property
basis pursuant to the procedures provided in Chapter 80
of the General Laws, the Betterment Act, including the
placing of liens on the affected property and the collection
of apportioned costs by means of property tax collection.
However, such apportionment, assessment and collection
shall be limited to five years.”
(Emphasis by underlining supplied but will not appear in final version).
(5-0)
COMMENT: This article was submitted by the Board and proposes changes to the Private Ways Bylaw. The Private Ways Bylaw has existed generally in its present form since 1982. Section 6N of Massachusetts General Laws Chapter 40 permits cities and towns to enter on to private ways to perform minor repairs on these streets. Summarized the Town’s Bylaw permits either the Town, or contractor hired by the Town, to make some repairs to private ways provided that two-thirds of the abutters petition the Board and that the projected cost of the repairs is paid by the abutters up front in at least one-third of the total amount. If 100 percent of the projected cost is not paid up front, then the
remainder above one-third appears on the property addresses’ tax bills over a 20-year period with 5 percent simple interest added each year. Many abutters on private ways have taken advantage of this procedure since it makes it more affordable to stretch out the payments in this fashion.
However, the stretching out of payments has had the effect of essentially making the Bylaw ineffective since any money paid over the course of time as a lien on the property does not go back into the private ways revolving fund but into free cash as a matter of municipal finance law. The Board suggests that rather than one-third of the projected costs being paid up front that two-thirds is a more prudent amount. The pay back period should be reduced to five years. If the Town Meeting agrees with these amendments, it will no doubt make it more difficult for some individuals abutting private ways to afford the work. On the other hand, the amount of the money in the revolving fund combined with the two-thirds deposit and the owners’ shorter pay
back period could serve to reinvigorate this now moribund option.
If the amendments are enacted, the Board would request that the Board of Assessors provide information of the amount collected as liens in the previous year. In this way the Board could ask the Town Meeting to appropriate out of free cash that same amount to be added to existing funds in the revolving fund. This would then make sufficient funds available for some repairs.
Finally, the Director of Public Works has suggested that the kinds of activities that can be undertaken by the Town such as skim coating, armor coating, etc. be expanded to include “thin asphalt overlays.” This method, although still temporary in nature, will make for a better and more lasting repair. The Director has also suggested that the Town add drainage which would also increase the longevity of the repairs.
An affirmative vote is suggested.
ARTICLE 24 BYLAW AMENDMENT/RECREATION VEHICLES
To see if the Town will vote to amend the Bylaw to provide for the following:
Vehicles – Recreation
Section 1. Definitions:
“Recreation Vehicle”, shall include the following types of registered or unregistered vehicles: motorized scooters, motorized skateboards, snowmobiles, all-terrain vehicles, go-carts, minibikes, and similarly styled vehicles.
“Motorized Scooter”, any two-wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas “powered” motor that is capable of propelling the device with or without human propulsion.
“Motorized Skateboard”, any four or eight-wheeled device that is designed to be stood or sat upon by the operator, which may or may not have an upright handlebar for steering, which is powered by an electric or gas “powered” motor that is capable of propelling the device with or without human propulsion.
“Way”, any public highway or private way laid out under authority of Massachusetts General Laws dedicated to public use, including but not limited to Town streets and sidewalks, or any area under the control of the Town of Arlington, Arlington School Department, or Redevelopment Board or body having like powers, including but not limited to school grounds, parks, playgrounds, and parking lots and cemeteries.
Section 2. Recreation Vehicles; Operation Regulations:
No recreational vehicle shall be operated upon any way in the Town of Arlington by any person under sixteen (16) years of age, nor at a speed in excess of twenty-five (25) miles per hour by any person, and no recreational vehicle shall be operated upon any way by any person not possessing a valid operator’s license issued pursuant to General Laws Chapter 90, Section 8 or a learner’s permit issued pursuant to General Laws Chapter 90 Section 8B, or by permit or license given by reciprocity to nonresidents under General Laws Chapter 90 Section 3 and Section 10, provided said Recreational Vehicle is registered by Massachusetts Department of Motor Vehicles.
Section 3. Exemptions:
The following recreational vehicles shall be exempt from the provisions of this By-Law:
(a) Recreational Vehicles licensed by the Commonwealth of Massachusetts as
Motor Vehicles,
(b) Recreational Vehicles used by handicapped persons,
(c) Equipment used for landscaping and snow removal,
(d) Recreation Vehicles used by any governmental agency, and
(e) Recreational Vehicles used during any declared emergency when
authorized by the Chief of Police.
Section 4. Violations and Penalties:
Whoever violates the provisions of the By-Law shall be punished by a fine of $100.00 for the first offense, and $200.00 for the second offense, and $300.00 for the third and each subsequent offense.
Any Recreational Vehicle being operated by a person under the age of sixteen (16) years may be confiscated by the Arlington Police Department and held at the Arlington Police Station until retrieved by a parent or guardian.
Section 5. Enforcement:
The Arlington Police shall enforce the provisions of this By-Law, or take any action related thereto.
(Inserted at the request of the Chief of Police)
VOTED: That Title VIII Public Health and Safety of the Bylaws
be and hereby is amended by adding a new Article 4 hereto to provide as follows:
Article 4 Vehicles – Recreation
Section 1. Definitions:
“Recreation Vehicle”, shall include the following types of registered or unregistered vehicles: motorized scooters, motorized skateboards, snowmobiles, all-terrain vehicles, go-carts, minibikes, and similarly styled vehicles.
“Motorized Scooter”, any multi-wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion.
“Motorized Skateboard”, any four or eight-wheeled device that is designed to be stood or sat upon by the operator, which may or may not have an upright handlebar for steering, which is powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion.
“Way”, any public highway or private way laid out under authority of Massachusetts General Laws dedicated to public use, including but not limited to Town streets and sidewalks, or any area under the control of the Town of Arlington, Arlington School Department, or Redevelopment Board or body having like powers, including but not limited to school grounds, parks, playgrounds, and parking lots and cemeteries.
Section 2. Recreation Vehicles; Operation Regulations:
No recreational vehicle shall be operated upon any way in the Town of Arlington by any person under sixteen (16) years of age, nor at a speed in excess of twenty-five (25) miles per hour by any person, and no recreational vehicle shall be operated upon any way by any person not possessing a valid operator’s license issued pursuant to General Laws Chapter 90, Section 8 or a learner’s permit issued pursuant to General Laws Chapter 90 Section 8B, or by permit or license given by reciprocity to nonresidents under General Laws Chapter 90 Section 3 and Section 10, provided said Recreational Vehicle is registered by Massachusetts Registry of Motor Vehicles.
Section 3. Exemptions:
The following recreational vehicles shall be exempt from the provisions of this By-Law:
(a) Recreational Vehicles licensed by the Commonwealth of Massachusetts as Motor Vehicles,
(b) Recreational Vehicles used by handicapped persons,
(c) Equipment used for landscaping and snow removal,
(d) Recreation Vehicles used by any governmental agency, and
(e) Recreational Vehicles used during any declared emergency when authorized by the Chief of Police.
Section 4. Violations and Penalties:
Whoever violates the provisions of this By-Law shall be punished by a fine of $100.00 for the first offense, and $200.00 for the second offense, and $300.00 for the third and each subsequent offense.
Any Recreational Vehicle being operated by a person under the age of sixteen (16) years may be confiscated by the Arlington Police Department and held at the Arlington Police Station until retrieved by a parent or guardian.
Section 5. Enforcement:
The Arlington Police shall enforce the provisions of this Bylaw, or take any action related thereto.
(5-0)
COMMENT: This Article was submitted at the request of the Chief of Police. The Chief is concerned that recreational vehicles as defined in Section 1 above are becoming a substantial safety hazard for the users thereof and pedestrians. The Chief will speak further to this at Town Meeting.
ARTICLE 25 BYLAW AMENDMENT/DATA PROCESSING
ADVISORY BOARD
To see if the Town will vote to modify or rescind Title II, Article 5 of the Town Bylaws establishing a Data Processing Advisory Board, or take any action related thereto.
(Inserted at the request of 10 registered voters)
VOTED: That Article 5 of Title II of the Bylaws establishing a Data
Processing Advisory Board is hereby repealed.
(4-0)
(Mr. Greeley absent)
COMMENT: The Board agrees with the proponents of this article that the duties of the Data Processing Advisory Board could be better handled by the proposed committee that the Town Meeting hopefully will support under Article 47. It might be more efficient to table Article 25 until it is known what action, if any, will be voted under Article 47. The vote under Article 47 will propose the establishment of a Bylaw Committee which will be charged with the present duties of the Data Processing Advisory Board amongst several other matters. It is clear that the establishment of the Data Processing Board in 1982 may have been adequate to address technological needs at that time. However, the
spectacular advances in information technology since that time require a more detailed and sophisticated approach.
The present Article 5 relating to the Data Processing Advisory Board provides as follows:
Section 1. Membership
That the Town, pursuant to Section 23D of Chapter 41 of the
General Laws, establishes a Data Processing Advisory Board
consisting of nine voting members representing the various
user groups of the data processing resource as follows:
a representative of the Board of Selectmen, a business
representative of the School Committee, an academic
representative of the School Committee, the Town Treasurer
and Collector of his designee, the Town Clerk or his designee,
the Town Comptroller and Coordinator of Data Processing, a
representative of the Finance Committee, a representative of
the Board of Assessors and the Town Manager or his designee.
Each representative shall serve at the pleasure of their respective
appointing authorities. The Director of Data Processing shall be
a non-voting member of the Board.
Section 2. Duties
The Board shall, no later than December 31, 1982, develop a
formal plan for the implementation of a consolidated data
processing department, which plan shall take into consideration
both the concerns and objectives of Town departments with
regard to Data Processing; and that the Board shall also provide
advice to the Coordinator of Data Processing in such data
processing activities as planning, facility management, staffing,
and the setting of priorities; and that the board shall provide a
means of communication between user departments and a forum
for the discussion of data processing requirements of user
departments; and that the Board shall act as an Appeals Board to
review disputes which may arise between user departments.
ARTICLE 26 BYLAW AMENDMENT/REVENUE MANUAL
To see if the Town will vote to amend the Town Bylaws Title IX, ENFORCEMENT AND FEES, by adding the following Article:
Manager Section 1. Town
It shall be the responsibility of the Town Manager to compile a manual consisting of all of the fees and charges of all departments of the Town. The fees shall be organized by the department or official responsible for setting such fee. The information shall consist of, but not limited to, the following: the official, board or department responsible for setting the fee, the statutory authorization, year when last revised and total amount raised in most recent fiscal year.
The Town Manager shall create this Manual by the 2005 Annual Town Meeting and update at least every two years thereafter. The Manual shall be posted on the Town website in an easily downloadable electronic format, or take any action related thereto.
(Inserted at the request of the Finance Committee)
VOTED: That no action be taken under Article 26 of the Warrant.
(5-0)
COMMENT: This article was submitted by the Finance Committee. It proposes that the Bylaws be amended so as to require the Town Manager to compile a manual consisting of all fees and charges of all Town Departments as well as other tasks as outlined in the article. The Board has instructed the Manager to undertake this task and he has agreed to do so. Therefore, no bylaw amendment will be necessary. The Chairman of the Finance Committee supports this approach.
ARTICLE 27 BYLAW AMENDMENT/DOG PARKS
To see if the Town will vote to amend Section 2 of Article 2 Canine Control of Title VIII of the Bylaws by inserting the following sentence after the phrase “except a dog when restrained by a leash not exceeding six feet in length”:
“The Board of Parks and Recreation Commissioners may designate a dog park, dog run, or dog exercise area only if same is enclosed by appropriate fencing to preclude the escape of any dog into any other area of the park or playground not so designated as a dog park, dog run, or dog exercise area.”, or take any action related thereto.
(Inserted at the request of the Park and Recreation Commission)
VOTED: That the Town hereby amends Section 2A “Leash Required of Article 2 Canine Control of Title VIII” of the Bylaws by adding a new sentence to appear at the end of Section 2A to provide as follows:
“The Board of Parks and Recreation Commissioners may designate a dog park, dog run, or dog exercise area only if same is enclosed by appropriate fencing to preclude the escape of any dog into any other area of the park or playground not so designated as a dog park, dog run, or dog exercise area.”
(5-0)
COMMENT: This article was submitted at the request of the Park and Recreation Commission. It seeks to add to the canine control article of the Bylaws an expansion of the existing Section 2. The Town last year expanded the Bylaw by specifying that the leash law would not apply in any area designated by the Park Commission as a ‘dog park,’ ‘dog run,’ or ‘dog exercise area.’ This amendment would make clear that the leash law could be abandoned in such area only if it were enclosed by appropriate fencing.
ARTICLE 28 BYLAW AMENDMENT/ADJUSTMENTS TO TOWN FEES
To see if the Town will vote to amend Title IX of the Bylaws entitled Enforcement and
Fees by, adding to or adjusting any or all Town fees, or take any action related thereto.
(Inserted at the request of the Finance Committee)
VOTED: That no action be taken under Article 28 of the Warrant.
(5-0)
COMMENT: Most but not all Town fees are as provided in Title IX of the Town Bylaws. The Town has accepted Section 22(f) of Chapter 40, which permits the Town Manager to set all fees and charges not already provided in the General Laws subject to the approval of the Board of Selectmen. Very few towns continue to amend fees by Town Meeting vote. The Section 22(f) method is more efficient since the fees can be constantly updated as the costs of the service tied to the fee change rather than waiting for Town Meeting action. Once the Town Manager has provided a manual as suggested in Article 26, the Board may ask that the entire Bylaw currently setting out the fees be repealed. The Board believes that this is a more efficient, rational, and
up-to-date approach and favorable action is urged.
ARTICLE 29 BYLAW AMENDMENT/NEWS RACKS
To see if the Town will vote to amend Bylaws of Article 1, Section 31 of Article 1 of Title III of the Bylaws, to provide for a pilot program that would require newspaper vendors to locate their news racks inside of special containers called “condos or corrals” in certain areas of the Town, the cost of which would be amortized by the establishment of a fee to be paid by the vendors, to determine the amount of such fees, to appropriate a sum of money to fund the initial purchase, determine how the money will be raised and expended, or to take any action related thereto.
(Inserted at the request of the News Rack Study Committee)
VOTED: That the Board of Selectmen will report to Town Meeting on Article 29.
(5-0)
COMMENT: This article was inserted at the request of the News Racks Study Committee. The Committee is intending to propose to the Town Meeting a Bylaw amendment to Section 31 News Racks of Article 1 Public Ways of Title III of the Bylaws. This amendment would propose a pilot program that would require the various publishers of newspapers and other periodicals in three areas of the Town to congregate their respective news racks in so-called “condos” or “corrals.” These structures that encase the various news racks would have the hoped for result of making the display of news racks more aesthetically pleasing and, more importantly, in a more public safety conscious fashion. The question of placement of news racks has been the subject of considerable judicial scrutiny, mainly in the federal courts including the Supreme Court. The Town Counsel, who also chairs this Committee, has stressed the importance of working with the various publications to resolve any issues
that they might consider as an impediment to their exercise of their First Amendment rights. As of the date of the printing of the Selectmen’s Report, those discussions are ongoing. It is hoped that by the time this article is reached at Town Meeting these discussions will be satisfactorily concluded. This will permit a main motion to be offered by the Board.
ARTICLE 30 AMEND BYLAWS/CONTROL OF PARKS
To see if the Town will vote to amend Article 1 Use of Areas Under Control of Park Department of Title IV of the Bylaws as follows:
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