 Town Meeting this spring is expected to address issues ranging from controlling local graffiti to honoring service members engaged in what the article calls the "war on terror." What follows is a list of agenda items from the draft version of the 2007 warrant. Click on the article number to jump to the fuller description.
- Zip cars (Article 5),
- An eminent-domain issues sparked by the U.S. Supreme Court decision in Kelo vs. New London, Conn. (Article 12),
- Curtailing graffiti (Article 14),
- Rude TM behavior (Article 16),
- Moving the data processing department from the control of the comptroller to that of the town manager (Article 18),
- Establishing a new town position to oversee parking clerk (Article 19),
- Efforts to strengthen recycling rules (Article 20),
- Alcohol-license issues (Article 24 and Article 25),
- Shelters at bus stops (Article 29),
- Two seeking to be firefighters (Brendan Gormley and Daniel Wesinger) over the age of 32 (Articles 22 and 23),
- A "carbon bank" fund to pay for trees (Article 42),
- Establishing a town position of energy manager (Article 43),
- Hitching Arlington’s part in Revolutionary War to the Liberty Ride, which tourists now take in Lexington and Concord (Article 55);
- Establishing an animal commission (Article 60), and
- A plan to make Lake Street one-way during morning and afternoon rush hours in response to the planned development called Belmont Uplands (Article 73),
- war on terror (Article 74), and
- Corporal punishment (Article 75).
The complete warrant is on the town Web site, at this link (.pdf file).
Town Counsel John Maher says any of the warrant articles may change before Town Meeting starts, Monday, April 23. In parentheses following each article is an indication of who requested the item:
ARTICLE 5 ZONING BYLAW AMENDMENT/VEHICLE SHARING
To see if the Town will vote to amend the Zoning Bylaw to allow the parking of shared vehicles such as so-called Zip Cars in certain zoning districts (Redevelopment Board, Transportation Advisory Committee)
ARTICLE 6 ZONING BYLAW AMENDMENT/COMPACT-CAR PARKING
To see if the Town will vote to amend the Zoning Bylaw to make changes in the size and number of compact car parking spaces that may be located in a parking lot (Redevelopment Board, Transportation Advisory Committee)
ARTICLE 12 BYLAW AMENDMENT/PROHIBITION AGAINST CERTAIN EMINENT-DOMAIN TAKINGS
To see if the town will vote to adopt the following:
The authority of the Town of Arlington and its agencies of local government, as reserved to localities under Chapter 79 of the Massachusetts General Law, to seize privately owned parcels against the expressed will of the owner through the use of eminent domain procedures, shall, in light of Kelo vs. New London, be specifically further limited as follows:
1) To only those proposed taking actions incorporating the transfer of private parcel(s) to the Town of Arlington or any of its authorized agencies of local government and under no circumstances to another private party, and;
2) To only those proposed taking actions whose purpose is the creation of a facility for actual
public use and ownership to include public open spaces, parks, and watershed protection districts
and never for the purposes of economic development or the enhancement of the local tax base.
Nothing in the bylaw shall limit the authority of the Town of Arlington or its authorized agencies
of local government to seize property that is endangering the health and safety of its residents or
which could otherwise be seized or foreclosed upon for tax delinquency in accordance with the
provisions of Chapter 60 of the Massachusetts General Laws (10 registered voters).
[Background: John Belskis has proposed this article, which refers to Kelo v. New London, Conn., a case heard by the U.S. Supreme Court, in which some unwilling property owners sought to stop the New London from using its eminent-domain powers to take their homes and others in order to convey land to a private developer for an "urban renewal" mixed retail/high-end housing development. The court ruled for New London.]
ARTICLE 14 BYLAW AMENDMENT/GRAFFITI
To see if the Town will vote to enact a bylaw to address the issue of graffiti, so-called “tagging” in the Town. Said bylaw would, without limitation, address having commercial establishments segregate materials used for tagging so that minors would not have easy access to same, to provide fines for property owners who do not remove graffiti from their real property within a reasonable period of time after written warning to do so, determine the penalty for violations of said bylaw (Town Manager).
ARTICLE 16 BYLAW AMENDMENT/CODE OF CONDUCT/TOWN MEETING
To see if the Town will vote to amend the bylaws relating to the code of conduct of Town Meeting members or pass a resolution the aim of which would be to protect a speaker duly recognized by the Moderator from interruptions or other rude behavior while said person is addressing the Town
Meeting (10 registered voters).
ARTICLE 18 BYLAW AMENDMENT/DATA PROCESSING DEPARTMENT
To see if the Town will vote to amend the Town Bylaws and/or the Town Manager Act, and/or file
Home Rule legislation and/or take any other action necessary to effect the transfer of the management, supervision, jurisdiction and control of the Data Processing Department and information technology functions of the Town from the office of the Comptroller to the Town Manager (Board of Selectmen).
ARTICLE 19 BYLAW AMENDMENT/PARKING AND TRAFFIC MANAGEMENT
To see if the Town will vote to amend the by-laws of the Town of Arlington, to authorize and
empower the Board of Selectmen to file a petition with the General Court, and/or take any other
necessary action pertaining to the establishment, enforcement, administration, and local
adjudication of parking and traffic regulations; including but not limited to the appointment of the
Parking Clerk, the establishment of a Transportation Board or Traffic Commission and/or a
Department of Traffic and Transportation, so as to provide for the professional management of the Town’s parking resources (10 registered voters).
ARTICLE 20 BYLAW AMENDMENT/RECYCLING PROGRAM
To see if the Town will vote to amend the Town’s Bylaws Article 14 of Title I (Recycling Program) by inserting the following:
Section 1.1 Waste Bans
To insure compliance with the State solid waste facility regulation, 310 CMR 19.017, which
prohibits the disposal as trash of certain recyclable materials, it shall be unlawful to have the
following materials disposed of in or collected with the trash. Further, the Town shall direct its
contracted waste hauler, which is obligated to comply with all State and Local laws, not to collect
any such visible recyclable materials with the trash. The restricted materials are as follows:
Recyclable Paper: All unsoiled paper products including newspapers, newspaper inserts, magazines, paperback books, catalogs, paper bags, junk mail, phone books, office paper and the like.
Recyclable Cardboard: All unsoiled cardboard and paperboard products including: cereal boxes,
snack food boxes, dry food boxes, shoe boxes, shipping boxes, and corrugated cardboard and the like.
Recyclable Glass: All clear and colored glass food and beverage containers including all glass jars and glass bottles (deposit and non-deposit) and the like.
Recyclable Metal: All metal, aluminum, steel or bi-metal beverage and food containers including
food cans, aluminum pie plates and trays, clean aluminum foil, deposit and non-deposit beverage
cans and the like.
Recyclable Plastic: All plastic bottles and containers including: plastic milk, juice or water bottles
or jugs, soda bottles (deposit or non-deposit), detergent bottles and all plastic containers (#1 thru
#7).
Residents are referred to the Department of Public Works (DPW) Annual Recycling and Trash
Collection Guide for additional information regarding the proper preparation of these materials for
collection via the Town’s curbside collection program.
Additional items banned from disposal with the trash include: Yard waste, demolition debris,
propane gas tanks, cathode ray tubes, white goods, fluorescent bulbs, automobile batteries,
hazardous materials and additional items as specified in the DPW’s Annual Recycling and Trash
Collection Guide. Residents are referred to the Annual Recycling and Trash Collection Guide and
the Town’s Department of Public Works for information regarding the appropriate disposal of
these items; or take any action related thereto (10 registered voters)
ARTICLE 22 HOME RULE LEGISLATION/BRENDAN GORMLEY
To see if the Town will vote to request and authorize the Board of Selectmen to file a Home Rule
Petition with the General Court so as to permit Brendan Gormley of 39 Wildwood Avenue, Arlington, to apply for the position of Firefighter in the Town’s Fire Department notwithstanding the fact that the Town has not accepted the provisions of Section 61A and 61B of Chapter 31 of the General Laws and further notwithstanding the fact that Mr. Gormley’s age is in excess of 32 years (10 registered voters).
ARTICLE 23 HOME RULE LEGISLATION/DANIEL WESINGER
To see if the Town will vote to request and authorize the Board of Selectmen to file a Home Rule
Petition with the General Court so as to permit Daniel Wesinger of 132 Alpine Terrace, Arlington, to apply for the position of Firefighter in the Town’s Fire Department notwithstanding the fact that the Town has not accepted the provisions of Section 61A and 61B of Chapter 31 of the General Laws and further notwithstanding the fact that Mr. Wesinger’s age is in excess of 32 years (10 registered voters)
ARTICLE 24 HOME RULE LEGISLATION/ALL-ALCOHOLIC BEVERAGES
To see if the Town will vote to authorize the Board of Selectmen to file Home Rule Legislation that would place on a ballot at a subsequent election a question as to whether the Board of Selectmen would be authorized to issue up to three licenses for the sale of all-alcoholic beverages not to be consumed on the premises (Board of Selectmen).
ARTICLE 25 HOME RULE LEGISLATION/SEAT RESTRICTION ALL-ALCOHOL RESTAURANT LICENSE
To see if the Town will vote to do all things necessary and appropriate to reduce the number of seats necessary in order to apply for a permit from the Board of Selectmen for an all-alcohol license for restaurants, including without limitation, the filing of a Home Rule petition to accomplish same (10 registered voters).
ARTICLE 29 ESTABLISH COMMITTEE/BUS SHELTERS
To see if the Town will vote to establish the Bus Shelter Study Committee to evaluate the feasibility, cost and benefits of the Town entering into a contract with an MBTA qualified provider and erector of bus shelters with said shelters to be located at qualifying MBTA bus stops within the Town.
For the Planning Department under the direction of the Town Manager and the Board of Selectmen and in conjunction with the Department of Public Works and the Arlington Redevelopment Board to promulgate requirements for the placement of said bus shelters and to work to resolve any zoning issues that may arise during the review process. Bus shelters to be erected at no cost to the town with the provider to be responsible for all upkeep, including repair, snow removal and the like. The Town to share in any revenues generated by the bus shelters (advertising) according to established rates.
The Bus Shelter Study Committee to report to the 2008 Annual Town Meeting (10 registered voters).
ARTICLE 42 HOME RULE LEGISLATION/TOWN CARBON BANK
To see if the Town will vote to do all things necessary and appropriate including without limitation the passage of a home rule petition to establish an account to be entitled the “Arlington Carbon Bank Account” (ACB) to which residents and individuals can make tax-deductible contributions to offset their carbon production with said contributions and any interest earned to be designated for use expressly in the procurement of trees for planting within the Town’s limits.
The Town Energy Manager, if established by the Town Meeting, or the Town Manager will be responsible in conjunction with the Board of Selectmen and the Department of Public Works for overseeing the ACB, determining the cost structure and the amount of carbon ‘banked’ based solely upon the cost of procuring trees for planting within the Town of Arlington.
Publicly available tree/carbon equivalents shall be used to establish the amount of carbon banked per dollar contributed to the ACB and the carbon equivalence of such monies to commonly used energy sources including gallons of gasoline, therms of gas and/or oil, kW of electricity, and the like, determined.
An ACB report shall be submitted to Town Meeting on an annual basis (10 registered voters)
ARTICLE 43 CREATE POSITION/ENERGY MANAGER
To see if the Town will vote to create and employ a qualified individual in the position of Energy Manager (part-time) whose responsibility shall be to enhance the energy efficiency of town and school department operations.
The Energy Manager will be responsible for conducting regular energy audits, identification, development and implementation of energy saving projects within and across all town and school departments.
Deliverables for this position are cost savings that may be derived, for example, by review and
implementation of any or all of the following energy/cost saving measures:
- Implementation of illumination and heating conservation programs (lights out, thermostat set back/up, morning school announcements)
- Conversion of the town and school electric billing to an hourly rate schedule
- Investigation into other possible energy suppliers, their prices and services including services as may be provided by Energy Savings Companies (ESCOs).
- Installation of additional compact fluorescent/fluorescent lighting fixtures, in conjunction with energy providers as warranted.
- Completion of the town’s diode based traffic light transition/installation program, in conjunction with energy providers as warranted.
- Review of existing Town vehicle fuel efficiency requirements and procurement practices, development of cost saving options and implementation of said recommendations in order to improve overall vehicle cost and energy efficiency.
- Compliance with appropriate bylaws and resolutions as passed by Town Meeting, the Board of Selectmen and School Committee relevant to energy saving initiatives.
- Oversight of the “Arlington Carbon Bank Account” should one be so established by the vote of Town Meeting. The “Arlington Carbon Bank Account” to be a fund to which residents and individuals can make tax-deductible contributions to offset their carbon production with said monies to be designated expressly towards the procurement of additional trees for planting within the Town.
- Investigate, evaluate, and implement as warranted the installation of restricted flow faucets and
showerheads in town/school buildings so as to insure that the Town’s use of water and hot water are minimized.
- Assist in the evaluation of cost/benefit analysis of the installation of renewable energy equipment [wind, solar (electric), solar (water), hydro] on town and/or school owned properties.
The Energy Manager’s job description to be more fully developed by the Town Manager in conjunction with the Board of Selectmen, the Department of Public Works and the School Committee and Superintendent of Schools and to appropriate a sum of money to fund said position, with the expectation that the cost of the position will be offset by future energy savings, determine how the money shall be raised and expended.
Further,
- A short-term (1-2 years) energy/cost savings goal of 10 percent is hereby established
- A mid-term (2-5 years) energy/cost savings goal of 20 percent is hereby established
- A long-term (5-10 years) energy/cost savings goal of 30 percent hereby is established.
The Energy Manager will report annually to Town Meeting, such report to include results of analyses performed, short-term, mid-term and long-term energy/cost saving options, progress thereon and estimated timeline for their implementation (10 registered voters).
ARTICLE 55 ESTABLISH COMMITTEE/LIBERTY RIDE
To see if the Town will vote to establish a committee to study the feasibility, cost and benefits of
the Town of Arlington (hereafter “Historic Menotomy”) joining the Liberty Ride, a seasonal fee-
based bus shuttle service that transports primarily tourists between historic sites located in Concord and Lexington.
The Liberty Ride Study Committee (LRSC) to determine the process and requirements of joining the Liberty Ride, the cost (if any) associated therein, and to develop in conjunction with the operator the proposed route, schedule and stops within Historic Menotomy for the Liberty Ride.
LRSC in conjunction with the Board of Selectmen, the Arlington Historical Commission, local Arlington museums and the Arlington Chamber of Commerce to identify points of historic interest and to develop informational and promotional materials for distribution and use by Liberty Ride patrons during their visit to Historic Menotomy.
LRSC in conjunction with the Board of Selectmen and the town manager and his staff to develop any contractual relationships that would be required to implement the Liberty Ride in Historic Menotomy.
The LRSC to report their findings and any recommendations to the 2008 Annual Town Meeting,
To raise a sum of money, if necessary and to determine how the money will be expended
(10 registered voters)
ARTICLE 60 CREATE ARLINGTON ANIMAL COMMISSION
To create the Arlington Animal Commission to assist and advise the Animal Control Officer, the Police and the Board of Health in their duties regarding animals, including: enforcement of state laws and town bylaws; licensing all dogs; providing rabies vaccination clinics; and distributing information for low cost spay/neuter programs. The Commission shall consist of the current Animal Control Officer, a designated officer from the Arlington Police Department, a representative from the Board of Health, and five registered voters in the Town, determine the manner of their appointment (10 registered voters).
ARTICLE 73 RESOLUTION/WELFARE AND SAFETY OF CITIZENS
To see if the town will adopt the following:
WHEREAS, the Town of Arlington through its elected and appointed officials, has responsibility for the ongoing welfare and safety of its citizens.
WHEREAS, these responsibilities includes consideration of the impact of an adjacent communities actions.
WHEREAS, the Town of Belmont has a proposal to develop an area of adjacent land that will adversely impact Arlington residents,
WHEREAS, The Arlington Town Planner has submitted to the Town of Belmont testimony that the adverse impact of such a development if it is approved affects Arlington’s citizens.
It is therefore RESOLVED, that if the Belmont development proposal is approved without consideration and support of Arlington’s objections, Arlington should consider establishing a change of traffic regulations to Lake Street. This will include making the Street one way out of Arlington for all private motor vehicles during the morning and evening commuting hours defined as 7:00 AM to 10:00 AM and 4:00 PM to 7:00 PM. This will be in effect Monday through Friday with the exception of National and State Holidays. The street will continue to function as bi-irectional for public transportation and emergency vehicles during those days and hours (10 registered voters).
ARTICLE 74 RESOLUTION/WAR ON TERRORISM
To see if the Town will vote to adopt the following:
WHEREAS, the Town of Arlington, Massachusetts has a long and distinguished history of certain residents answering the call to defend freedom from every foe, from the Revolutionary War to the
War on Terrorism; and
WHEREAS, so many Arlington residents have paid the ultimate sacrifice in defending our freedoms so that we may be safe, secure and free; and
WHEREAS, a number of brave and dedicated Arlington residents cannot be thanked enough for dedicating a portion of their lives to the defense of Our Great Nation.
Be it therefore resolved that we, the Town Meeting Members, on behalf of every resident of Town of Arlington, extend this Statement of Appreciation to the Service Men and Women of the United States Armed Forces, and their families, for their supreme sacrifice in defending These United States of America (10 registered voters).
ARTICLE 75 POSITIVE-PARENTING RESOLUTION
To see if the Town will vote to adopt the following:
WHEREAS, all children need love, guidance, and safety, and deserve to grow up in an environment free from violence and physical harm; and
WHEREAS, childhood is an especially vulnerable and impressionable stage of life during which future behavior happiness and psychological health are greatly influenced; and
WHEREAS, positive, non-violent parenting promotes positive, peaceful relationships and respect for the rights and safety of others; and
WHEREAS, current research shows that exposure to violence negatively impacts normal brain development; and
WHEREAS, current research indicates that the majority of child abuse cases start out as corporal
punishment; and
WHEREAS, current research shows a strong correlation between corporal punishment and increased aggression, depression, substance abuse, learning disorders, and lower scholastic achievement; and
WHEREAS, current research shows that corporal punishment of children is associated with worse behavior, and the cessation of corporal punishment is associated with improved behavior; and
WHEREAS, current research shows that children who are shown love and respect and are disciplined without corporal punishment are more likely to become adults who enjoy higher self-esteem, better psychological health, higher academic achievement, more peaceful relationships, and more respect for others safety; now therefore,
BE IT HEREBY RESOLVED, that Town Meeting of Arlington encourages caregivers to refrain from the use of corporal punishment, and to use positive, non-violent forms of discipline, in the effort to reduce violence and to protect our children’s health and future well being, and to promote safety and peace for all (10 registered voters).
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