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WARRANT FOR BROOKLINE
ANNUAL TOWN MEETING
TUESDAY, MAY 22, 2001 7PM |
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MAY 22, 2001
ANNUAL TOWN MEETING
WARRANT INDEX |
| 1. |
Appointment of Measurers of Wood and Bark. (Selectmen)
Read Complete Article 1 |
| 2. |
Annual authorization of compensating balance agreements.
(Treasurer/Collector)
Read Complete Article 2 |
| 3. |
Report on close-out of special appropriations and rescind unused borrowing
authorizations. (Selectmen)
Read Complete Article 3 |
| 4. |
Approval of unpaid bills of prior fiscal year. (Selectmen)
Read Complete Article 4
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| 5. |
Acceptance of legislation to increase property tax exemptions. (Assessors)
Read Complete Article 5
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| 6. |
Establishment of a Water and Sewer Enterprise Fund. (Selectmen)
Read Complete Article 6
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| 7. |
Annual appropriations article. (Selectmen)
Read Complete Article 7 |
| 8. |
Acceptance of Chapter 411 of the Acts of 2000 – Provides for an
automatic “Pop-Up” for the eligible members of the Non-Contributory Retirement
System on the same basis as the eligible members of the Contributory Retirement System.
(Retirement Board)
Read
Complete Article 8 |
| 9. |
Amendment to Town By-Laws – Creation of a Living Wage By-Law.
(Petition of Patricia Connors)
Read Complete Article 9 |
| 10. |
Amendment to Town By-Laws – Addition of 4.7 - Public Hearing Before
Preliminary Design Stage. (Petition of Gary Jones)
Read
Complete Article 10
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| 11. |
Amendment to the Zoning By-Law Section 2.09 – Family - necessary to
comply with a recent decision of the United State Supreme Court. (Town Counsel)
Read Complete Article 11
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| 12. |
Amendment to the Zoning By-Law Section 4.30 – Table of Use
Regulations - to allow for for-profit health clubs in two zoning districts by special
permit. (Planning Board)
Read Complete Article 12 |
| 13. |
Amendment to Article 7.7 of the Town By-Laws – Removal of Snow and
Ice from Sidewalks - to include a reporting requirement in the Town’s Annual Report.
(Petition of Martin Rosenthal)
Read Complete Article 13 |
| 14. |
Amendment to Section 4.2.9 of the Town By-Laws – Selectmen’s
Report - to expand the reporting of Town Meeting actions. (Petition of Martin
Rosenthal)
Read Complete Article 14 |
| 15. |
Underground Parking Garage Exit Warning Devices. (Selectmen)
Read Complete Article 15 |
| 16. |
Legislation authorizing a change in the Percentage of Tax Levy imposed on
Real and Personal property. (Petition of Stanley Spiegel)
Read Complete Article 16 |
| 17. |
Legislation to authorize the Town of Brookline to Lease Town-Owned
Property for Twenty-Five Years. (Selectmen)
Read Complete Article 17 |
| 18. |
Legislation amending Chapter 66 of the Acts of 1998 - Liability Insurance
Fund. (Town Counsel)
Read Complete Article 18 |
| 19. |
Legislation authorizing an increase in the ceiling in the Parking
Violation fine schedule. (Selectmen)
Read Complete Article 19 |
| 20. |
Resolution regarding the use of cellular telephones while operating a
motor vehicle. (Selectmen)
Read
Complete Article 20 |
| 21. |
Legislation authorizing the Town of Brookline to regulate the operation
and use of hand held telephones, including so-called cellular telephones and similar hand
held devices, in motor vehicles. (Petition of Lisa Liss)
Read Complete Article 21 |
| 22. |
Resolution regarding St. Aidan’s Church. (Petition of Diana Spiegel)
Read Complete Article 22
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| 23. |
Resolution supporting the abolition of the death penalty and the passage
of the Innocence Protection Act. (Petition of Martin Rosenthal)
Read
Complete Article 23 |
| 24. |
Establishment of the Golf Enterprise Fund Advisory Committee. (Petition of
Steven T. Ladoulis)
Read Complete Article 24 |
| 25. |
Establishment of the Putterham Meadows Golf Club Advisory Committee.
(Petition of Steven T. Ladoulis)
Read Complete Article 25
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| 26. |
Reports of Town Officers and Committees. (Selectmen)
Read Complete Article 26 |
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ARTICLE
1 |
| To see if the Town will establish
that the number of Measurers of Wood and Bark be two, to be appointed by the Selectmen, or
act on anything relative thereto. |
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ARTICLE
2 |
| To see if the Town will authorize
the Town Treasurer, with the approval of the Selectmen, to enter into Compensating Balance
Agreement(s) for FY2002 in accordance with General Laws Chapter 44, Section 53F, or act on
anything relative thereto. |
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ARTICLE
3 |
| To see if the Town will authorize
the Comptroller to close out either all or a portion of the unexpended balances in certain
Special Appropriations and return said sums to the Surplus Revenue accounts, and rescind
the unused portion of prior borrowing authorizations, or act on anything relative thereto.
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| 1) |
Special Appropriation Closeouts
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| 2) |
Public Safety Debt Rescission –
Bond Authorization, in the amount of $3,727,500, for the construction of the Public Safety
Building, authorized in Article 2B of the November 14, 2000 Town Meeting, to be rescinded.
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| 3) |
Water Main Debt Rescission –
Bond Authorization, in the amount of $3,213 for the construction of Water Mains,
authorized in Article 6 Item 88 of the May 25, 1999 Town Meeting, to be rescinded. |
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ARTICLE
4 |
| To see if the Town will, in
accordance with General Laws, Chapter 44, Section 64, authorize the payment of one or more
of the bills of the previous years, which may be legally unenforceable due to the
insufficiency of the appropriations therefore, and appropriate from available funds, a sum
or sums of money therefore, or act on anything relative thereto. |
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ARTICLE
5 |
| To see if the town will elect to
establish an additional property tax exemption for fiscal year 2002 which shall be uniform
for all exemptions, in accordance with Section 4 of Chapter 73 of the Acts of 1986, as
amended by Chapter 126 of the Acts of 1988, and accept said Section 4, as amended, or act
on anything relative thereto. |
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ARTICLE
6 |
| To see if the Town will accept the
provisions of Section 53F1/2 in General Laws, Chapter 44, that authorizes the
establishment of certain Enterprise Funds, and authorize the establishment of the Water
and Sewer Enterprise Fund in accordance with Section 53F1/2 and the proposal submitted as
a part of the FY2002 Program Budget for the Department of Public Works, or act on anything
relative thereto. |
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ARTICLE
7 |
To see if the Town will:
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| A.) |
Fiscal Year 2002 Budget
Appropriate the sums, or any other sum or sums, requested or proposed by the Selectmen or
by any other officer, board or committee, for the fiscal year 2002 budget, including
without limiting the foregoing, all town expenses and purposes, debt and interest, out of
state travel, operating expenses, stabilization fund as provided for in General Laws
Chapter 41, Section 108; authorize the continuation of the recreation revolving fund in
accordance with G.L. Chapter 44, Section 53E ½, and the Water and Sewer Enterprise Fund
in accordance with G.L. Chapter 44, Section 53F ½; and provide for a reserve fund.
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| B.) |
Fiscal Year 2002 Special
Appropriations
Appropriate sums of money for the following special purposes:
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1.) |
Appropriate $50,000 or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the Board
of Selectmen, for upgrading the Town Hall facility. |
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2.) |
Appropriate $25,000, or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the Board
of Selectmen, for the improvement of park comfort stations. |
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3.) |
Appropriate $125,000, or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the Board
of Selectmen, for furnishings and equipment for Town Buildings. |
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4.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the Board
of Selectmen, for removing asbestos from Town-owned buildings. |
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5.) |
Appropriate $35,000, or any other sum, to be
expended under the direction of the Planning and Community Development Director, with the
approval of the Board of Selectmen, for the planning and purchase of a Public Event Kiosk.
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6.) |
Appropriate $20,000, or any other sum, to be
expended under the direction of the Planning and Community Development Director, with the
approval of the Board of Selectmen, for a Facade Improvement Program. |
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7.) |
Appropriate $50,000, or any other sum, to be
expended under the direction of the Planning and Community Development Director, with the
approval of the Board of Selectmen, for streetscape / Civic Space. |
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8.) |
Appropriate $3,727,500, or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the Board
of Selectmen, for improvements to the Public Safety Building. |
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9.) |
Appropriate $300,000, or any other sum, to be
expended under the direction of the Fire Chief, with the approval of the Board of
Selectmen, for the purchase of a Fire Engine. |
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10.) |
Appropriate $60,000, or any other sum, to be
expended under the direction of the Fire Chief, with the approval of the Board of
Selectmen, for the purchase of a rescue truck. |
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11.) |
Appropriate $28,000 or any other sum, to be
expended under the direction of the Fire Chief, with the approval of the Board of
Selectmen, for the purchase of a pick-up truck. |
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12.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the Board
of Selectmen, for the purpose of moving the Fire department vehicle maintenance shop from
Station #1 to Station #4. |
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13.) |
Appropriate $20,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with approval of the
Board of Selectmen, for signal modifications at Thayer / Washington Street.
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14.) |
Appropriate $15,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for a pedestrian signal at 61 Park Street. |
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15.) |
Appropriate $208,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for plans, for specifications and for the construction of the Hammond
/ Heath Street signal. |
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16.) |
Appropriate $75,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for signal modifications at Longwood / Kent Streets. |
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17.) |
Appropriate $90,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the installation of new traffic signals at Washington / Park
Streets. |
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18.) |
Appropriate $1,000,200, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the rehabilitation of streets. |
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19.) |
Appropriate $508,591, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the rehabilitation of streets. |
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20.) |
Appropriate $205,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for traffic calming studies and improvements. |
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21.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for sidewalk reconstruction. |
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22.) |
Appropriate $200,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for a Sidewalk Betterment Revolving Fund. |
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23.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for Pathway Reconstruction. |
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24.) |
Appropriate $35,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the Chestnut Street Drain / Willow Pond Environmental controls.
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25.) |
Appropriate $30,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for Baker School Pathway improvements. |
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26.) |
Appropriate $300,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Park and Recreation Commission and the Board of Selectmen, for improvements at Larz
Anderson Park. |
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27.) |
Appropriate $268,500, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Park and Recreation Commission and the Board of Selectmen, for renovation of playground
equipment, fields and fencing. |
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28.) |
Appropriate $25,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Park and Recreation Commission and the Board of Selectmen, for a Tree and Shrub Management
program. |
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29.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Park and Recreation Commission and the Board of Selectmen, for the development of a Park
Land / Open Space Master Plan. |
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30.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen and Tree Planting Committee, for the removal and replacement of street
trees. |
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31.) |
Appropriate $75,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for forestry restoration work. |
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32.) |
Appropriate $120,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for rehabilitation of Town / School grounds. |
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33.) |
Appropriate $40,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the removal and replacement of Hemlock trees. |
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34.) |
Appropriate $150,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the Park and
Recreation Commission and the Board of Selectmen, for improvements to the Skating Rink.
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35.) |
Appropriate $250,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the Park and
Recreation Commission and the Board of Selectmen, for improvements to the Swimming Pool
Showers. |
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36.) |
Appropriate $800,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the Park and
Recreation Commission and the Board of Selectmen, for improvements to the Soule Recreation
Center. |
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37.) |
Appropriate $25,000, or any other sum, to be
expended under the direction of the Building Commissioner, with the approval of the School
Committee and the Board of Selectmen, for furniture upgrades. |
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38.) |
Appropriate $200,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the School
Committee and the Board of Selectmen, for Network Wiring in school buildings.
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39.) |
Appropriate $130,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the School
Committee and the Board of Selectmen, for miscellaneous repairs to the High School.
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40.) |
Appropriate $1,353,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the School
Committee and the Board of Selectmen, for Pierce School improvements. |
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41.) |
Appropriate $100,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the School
Committee and the Board of Selectmen, for the upgrade of the Faculty Area at the Heath
School. |
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42.) |
Appropriate $225,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the Park and
Recreation Commission and the Board of Selectmen, for improvements to the Lynch Recreation
Center. |
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43.) |
Appropriate $140,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the Singletree Tank rehabilitation. |
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44.) |
Appropriate $6,000,000, or any other sum, to be
expended under the direction of the Commissioner of Public Works, with the approval of the
Board of Selectmen, for the construction of sewers and sewerage systems and for the lining
of sewers constructed for sanitary drainage purposes and for sewage disposal.
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45.) |
Appropriate $960,000, or any other sum, to be
expended under the direction of the Recreation Director, with approval of the Park and
Recreation Commission and the Board of Selectmen, for the construction and reconstruction
of the Putterham Meadows Golf Course facilities. |
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46.) |
Appropriate $1,880,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the Park and
Recreation Commission and the Board of Selectmen, for the construction and reconstruction,
for remodeling, reconstructing or making extraordinary repairs to the Putterham Meadows
Golf Course facilities. |
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47.) |
Appropriate $18,065,000, or any other sum, to be
expended under the direction of the Building Commission, with the approval of the Board of
Selectmen and School Committee, for remodeling, reconstructing or making extraordinary
repairs to and for additions, where such additions increase the floor space, to the
Lawrence School, and for the construction and reconstruction of the adjacent Longwood
Park.
School Building - $15,683,300
Longwood Park - $ 454,000
Parking Deck - $ 1,927,700
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| C.) |
Funding
And determine whether such appropriations shall be raised by taxation, transferred from
available funds, provided by borrowing or provided by any combination of the foregoing,
and authorize the leasing, leasing with an option to purchase, or the installment purchase
of any equipment or any capital items; and authorize the Board of Selectmen, except in the
case of the School Department Budget, and with regard to the School Department, the School
Committee, to apply for, accept and expend grants and aid from both federal and state
sources and agencies for any of the purposes aforesaid, or act on anything relative
thereto. |
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ARTICLE 8 |
| To see if the Town will
accept the provisions of Chapter 411 of the Acts of 2000 that allows for an automatic
“Pop-Up” for the eligible members of the Non-Contributory Retirement System on
the same basis as the eligible members of the Contributory Retirement System, or act on
anything relative thereto. |
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ARTICLE 9 |
| To see if the Town will
amend the By-Laws of the Town of Brookline by adding a new Article 4.7, entitled: Living
Wage By-Law, in PART IV, to read as follows: |
| ARTICLE 4.7 LIVING WAGE
BY-LAW |
| SECTION 4.7.1 SHORT
TITLE |
| This By-Law shall be
known as the “Living Wage By-Law.” |
| SECTION 4.7.2 FINDINGS |
Town Meeting finds the
following:
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| (a) |
The wages of many workers have not
kept pace with the cost of providing for themselves or their families. |
| (b) |
Town Meeting must ensure that
taxpayers’ dollars are used responsibly to improve the economic security and
well-being of town employees. |
| (c) |
The town government must lead town
businesses and contractors by example to engage in and support fair wage practices in
Brookline as described herein. |
| SECTION 4.7.3 LIVING
WAGE |
| (a) |
The town of Brookline
(“town”) shall pay each of its employees no less than $10.00 an hour except as
provided in SECTION 4.7.6 and in collective bargaining agreements with the town under
G.L.
c. 150E, section 7. |
| (b) |
All town employees of six months or
more in any twelve month cycle, except as provided in SECTION 4.7.6, who work 20 or more
hours per week and who are not offered group health insurance or who are offered group
health insurance but are required to pay more than 50% of the cost of coverage for
themselves and their dependents, if any, shall be paid no less than $12.00 an hour.
|
| (c) |
The wage prescribed in paragraphs
(a) and (b) of this SECTION 4.7.3 shall be known as the “living wage” and shall
be adjusted annually by the same percentage and on the same schedule relative to wage
adjustments negotiated for town employees by the AFSCME collective bargaining unit,
beginning in the year 2002. |
| SECTION 4.7.4 NOTICE |
| The town shall provide
each employee with a fact sheet about this By-Law and shall post notices about the By-Law
in conspicuous locations in town buildings. These fact sheets and posters shall include: |
| (a) |
notice of the living wage amount;
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| (b) |
a summary of the By-Law provisions;
|
| (c) |
notice that in the event of town
noncompliance, an employee may contact the Comptroller, or the Board of Selectmen or
School Committee, or file a complaint with the Superior Court Department of the
Commonwealth of Massachusetts. |
| SECTION 4.7.5
NONDISCRIMINATION |
| The town may not avoid
the requirements of SECTION 4.7.3 by laying off or otherwise terminating the employment of
an employee with the intention of replacing such employee for the living wage. The town
shall not fund wage increases required by this By-Law, or otherwise respond to the
provisions of this By-Law, by reducing the health insurance, pension, vacation, or other
non-wage benefits of any of its employees unless such a reduction is consistent with a
reduction of benefits for town employees in the AFSCME collective bargaining unit. The
town shall not discharge, reduce the compensation of or otherwise retaliate against any
employee for making a complaint to the town or using any civil remedy to enforce rights
under this By-Law. |
| SECTION 4.7.6
EXCEPTIONS |
| This By-Law shall not
apply to: |
| (a) |
any employee who is under 22 years
of age and is participating in part-time or seasonal work which does not exceed six months
in duration in any twelve month cycle; |
| (b) |
any person participating in a
work-study or cooperative educational program or whose position is funded by Community
Development Block Grant monies; |
| (c) |
all Putterham Meadows Golf Course
Rangers; |
| (d) |
all volunteers and all persons
appointed or elected to town committees; |
| (e) |
all elected officers of the town.
|
SECTION 4.7.7
SEVERABILITY
|
If any portion or
provision of this By-Law is declared invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions shall continue in full force and effect.
or act on anything relative thereto. |
| |
ARTICLE 10 |
| To see if the Town will
amend the By-Laws of the Town of Brookline by adding a new Article 4.7 to read as follows: |
ARTICLE 4.7
PUBLIC HEARING BEFORE PRELIMINARY DESIGN STAGE |
In order to ensure that
all plans for the substantial construction, alteration or repair of a park, recreation
area or public building (the improvement) serve the expressed needs of the primary
community to be served by the improvement, the elected or appointed committee requesting
the improvement shall, prior to a preliminary design stage and prior to the finalizing and
filing of any request for a grant or other financial assistance for the improvement, hold
a public hearing to review the program for and the object and scope of the proposed
improvement, including schematic design studies for the improvement, if they are
available. Written notice of the time and place of the hearing shall be given to all
abutters to the improvement and to all Town Meeting Members from the district within which
the proposed improvement is located, seven days at least prior to the hearing.
or act on anything relative thereto.
|
|
ARTICLE 11 |
| To see if the Town will
amend SECTION 2.09 of the Zoning By-Law to read as follows: |
| SECTION 2.09 FAMILY |
One or more persons,
including domestic employees, occupying a dwelling unit and living as a single, non-profit
housekeeping unit; provided, that a group of five or more persons, who are not within the
second degree of kinship, as defined by civil law, shall not be deemed to constitute a
family.
or act on anything relative thereto.
The definition in the proposal deletes the words “to each other” as they
appeared between “second degree of kinship” and “, as defined by civil
law,” |
| |
ARTICLE 12 |
| To see if the Town will
amend Section 4.30, Table of Use Regulations, of the Zoning By-law, by creating a new
Principle Use as part of the Institutional, Recreational & Educational Uses category.
The new Principle Use shall be as follows: |
| S |
SC |
T |
M |
L |
G |
O |
I |
| No |
No |
No |
No |
No |
SP |
SP |
No |
|
18A. Private club,
operated for profit and for members only, solely for the purpose of providing
physical fitness exercise, therapy, rehabilitation and health related services.
or act on anything relative thereto. |
| |
ARTICLE 13 |
To see if the Town will
amend the By-Laws of the Town of Brookline by adding a new SECTION 7.7.6, ANNUAL REPORT,
to read as follows:
|
| SECTION 7.7.6, ANNUAL
REPORT |
The Board of Selectmen
shall include in the Annual Report of the Town a summary of the Town’s achievements
during the past year in implementing Sections 7.7.1, 7.7.2, and 7.7.3. Said summary shall
describe, at least, efforts in, and results from, prioritizing and coordinating among
various Town department objectives: (a) prompt and effective public education; (b)
enforcement by warnings, citations, and tracking thereof; and (c) assistance to owners who
have hardships.,
or act on anything relative thereto. |
|
ARTICLE 14 |
To see if the Town will
amend the By-Laws of the Town of Brookline by adding to the end of SECTION 4.2.9,
SELECTMEN’S REPORT, the following additional sentence:
It shall also contain a two-part section, with one part stating the full text of each
Resolution which was adopted by Town Meeting during the year of the Report. The second
part shall (1) list all prior Resolutions, beginning in 2001, adopted by Town Meeting
which call for any action by the selectmen or Town departments; (2) summarize the
“whereas” and “resolved” or action clauses of each; and (3) summarize
the pertinent results and actions taken for each during the year of the Report; except
that any such Resolution which, by vote of the selectmen, is deemed moot or inappropriate
for further action need subsequently be listed, and so noted, only until and in the year
of such vote.
or act on anything relative thereto. |
| |
ARTICLE 15 |
| To see if the Town will
amend Section 6.13, Design of All Off-Street Parking Facilities, subsection (d), Entrances
and Exit Drives, of the Zoning Bylaw, by adding a subsection (6), which reads as follows:
|
| (6) |
Designed to insure
maximum pedestrian and vehicular safety and minimize potential conflicts between
pedestrians and motor vehicles. To do so, the Planning Board and Board of Appeals, as a
condition of a special permit, and with technical input from the Building Commissioner and
Director of Engineering and Transportation, may require that one or more of the following
safety enhancements be provided:
|
|
a. |
Adequate site distance so that
exiting vehicles have a clear view of any pedestrian on the sidewalk within a minimum of
five (5) feet to either side of the entrance or exit drive measured from six (6) feet
behind the property line and along the centerline of the driveway; |
|
b. |
Enhancements to the facility exit
that will insure that all exiting vehicles will come to a complete stop before entering
the sidewalk area, apron, or intersecting roadway. |
|
c. |
Textured or marked ramps, drives,
or driveway aprons (defined as that area where the sidewalk and exit drive are the same)
as well as adjacent sidewalk area to provide a perceptible auditory and/or visual signal
to pedestrians and exiting vehicles; |
|
d. |
Modifications to required or
proposed landscaping including but not limited to cut slopes, hedges, trees, bushes, or
other streetscape improvements to insure that visibility is not impaired;
|
|
e. |
Modifications to the building
setback where the exit to the parking facility is to be located to provide additional
sight lines and visibility to exiting vehicles and pedestrians; |
|
f. |
Visual and or auditory warning
devices designed to alert approaching pedestrians and motor vehicle traffic that a vehicle
is exiting the facility; |
|
g. |
Other enhancements that provide the
optimum level of pedestrian safety to insure adequate advance opportunity to detect an
exiting vehicle from the parking facility. Such enhancements shall take into consideration
potential physically challenging conditions that pedestrians may have including sight,
auditory, or other physical disabilities |
|
h. |
Based on the particular siting or
orientation of the building, or other special condition exhibited by the facility, other
mitigation measures may also be required.
or act on anything relative thereto. |
| |
ARTICLE 16 |
To see if the Town will
authorize and approve the filing of a petition with the General Court in substantially the
following form:
AN ACT CHANGING THE PERCENTAGE OF TOTAL TAX LEVY IMPOSED ON ANY CLASS OF REAL AND PERSONAL
PROPERTY IN THE TOWN OF BROOKLINE.
BE IT ENACTED, by the Senate and House of Representatives in the General Court Assembled
and by the authority of the same, as follows: |
| Section 1. |
| Notwithstanding any
special or general law to the contrary, including, without limiting the foregoing, section
1A in Chapter 58 of the General Laws, in the town of Brookline, the limitation of one
hundred and seventy-five percent of the full and fair cash valuation of the taxable
property in said class set forth in part (a) in the fourth sentence in the second
paragraph in Section 1A in Chapter 58 of the general laws, shall be changed to two hundred
percent, so that in the town of Brookline the limitation shall be two hundred percent and
not one hundred seventy-five percent. |
| Section 2. |
| Section 1A in chapter
58 of the General Laws, as modified in Section 1., shall be effective in the town of
Brookline. |
| Section 3. |
This act shall take
effect upon its passage.;
or act on anything relative thereto. |
| |
ARTICLE 17 |
To see if the Town will
authorize and approve the filling of a petition with the General Court in substantially
the following form:
AN ACT AUTHORIZING THE TOWN OF BROOKLINE TO LEASE TOWN-OWNED PROPERTY FOR TWENTY-FIVE
YEARS,
BE IT ENACTED, etc. as follows: |
| SECTION 1. |
| The Town of Brookline
is hereby authorized to lease town-owned property for a period not to exceed twenty-five
years, upon such terms and conditions as the Board of Selectmen shall determine, provided,
that the terms and conditions of the lease, the annual rental to be paid and the length of
the lease shall be approved by a town meeting of said town. |
| SECTION 2. |
This act shall take
effect upon its passage,
or act on anything relative thereto. |
| |
ARTICLE 18 |
To see if the Town will
authorize and approve the filing of a Petition with the General Court in substantially the
following form:
AN ACT AMENDING CHAPTER 66 OF THE ACTS OF 1998 THAT ESTABLISHED A LIABILITY INSURANCE FUND
IN THE TOWN OF BROOKLINE
Be It Enacted, etc., as follows: |
| Section 1. |
| Section 2 in Chapter 66
of the Acts of 1998 is amended to read as follows: |
| SECTION 2. |
| No direct drafts
against the town of Brookline Liability Insurance Fund (the fund) shall be made, but,
insurance premiums, property damage losses, personal injury or other claims, litigation
costs, judgments and settlements, recommended for payment by town counsel and approved by
a majority of the board of selectmen, may be paid from the fund by vote of the advisory
committee and a concurring vote of the board of selectmen. Losses, claims, costs,
judgments and settlements, if not recommended by town counsel, may be appropriated by a
two-thirds vote at any town meeting. The fund may be discontinued by a two-thirds vote of
an annual or special town meeting. If discontinued, any balance remaining in the fund
shall be transferred to the town’s unreserved fund balance. |
| Section 2. |
This act shall take
effect upon its passage.
or act on anything relative thereto. |
| |
ARTICLE 19 |
To see if the Town will
authorize and approve the filing of a Petition with the General Court in substantially the
following form:
AN ACT CONCERNING PARKING VIOLATIONS IN THE TOWN OF BROOKLINE
Be It Enacted, etc., as follows: |
| Section 1. |
| Notwithstanding any
general or special law to the contrary, the board of selectmen of the town of Brookline,
acting under Section 20A1/2 in Chapter 90 of the General Laws, as herein modified, may
establish fines for “all other parking violations,” that shall not exceed fifty
($50.00) dollars, if paid within twenty-one days, fifty-five ($55.00) dollars if paid
thereafter but before the parking clerk reports to the registrar as provided in section
20A1/2, and seventy ($70.00) dollars if paid thereafter. |
| Section 2. |
This act shall take
effect upon its passage.
or act on anything relative thereto. |
| |
ARTICLE 20 |
To see if the Town will
adopt the following resolution and authorize the Board of Selectmen to forward a certified
copy to the town’s Legislative Delegation in the General Court:
WHEREAS, the use of hand held cell phones and similar communications devices by the
operators of motor vehicles (except for the operators of emergency vehicles), while
operating their vehicles on the streets and highways of the Commonwealth, has created and
continues to create profound safety problems that include loss of life, personal injury
and property damage;
WHEREAS, the Attorney General has ruled that a city or town can not adopt by-laws or
ordinances that prohibit such use of cell phones and similar communications devices;
NOW, THEREFORE, THE TOWN OF BROOKLINE RESPECTFULLY REQUESTS THAT THE GREAT AND GENERAL
COURT ENACT STATEWIDE LEGISLATION THAT BANS THE USE OF CELL PHONES AND SIMILAR
COMMUNICATIONS DEVICES BY THE OPERATORS OF MOTOR VEHICLES WHILE OPERATING A MOTOR VEHICLE
ON THE STREETS AND HIGHWAYS IN THE COMMONWEALTH, EXCEPTING ONLY THE OPERATORS OF EMERGENCY
VEHICLES FROM SUCH REGULATION.
or act on anything relative thereto. |
| |
ARTICLE 21 |
To see if the Town will
authorize and approve the filing of a petition with the General Court in substantially the
following form:
AN ACT AUTHORIZING THE TOWN OF BROOKLINE TO REGULATE THE OPERATION AND USE OF HAND HELD
TELEPHONES, INCLUDING SO-CALLED CELLULAR TELEPHONES AND SIMILAR HAND HELD DEVICES, IN
MOTOR VEHICLES
Be it enacted, etc. as follows: |
| Section 1. |
| Notwithstanding the
provisions of any general court or special law to the contrary, the Town of Brookline may,
by by-law, regulate the use and operation of hand held telephones, including so-called
cellular telephones and similar hand held devices, by persons, other than police officers,
firefighters and operators of emergency vehicles, operating motor vehicles on any street
or highway. |
| Section 2. |
This act shall take
effect upon its passage.
or act on anything relative thereto. |
| |
ARTICLE 22 |
To see if the Town will
adopt the following resolution or will amend and adopt said resolution or will take any
other action with respect thereto:
Whereas the St. Aidan’s Church, located at 158 Pleasant Street, is of great
historical significance to the Town of Brookline, having been the church attended by the
family of the late President John F. Kennedy when the family lived on Beals Street and
later on Abbottsford Road, the church where John F. Kennedy and five of his brothers and
sisters were baptized,
And whereas the St. Aidan’s Church is no longer used as a parish church by the
Archdiocese of Boston and faces an uncertain future,
And whereas the Town, through its by-laws, has established the Brookline
Preservation Commission to promote the educational, cultural, physical, economic and
general welfare of the public through the preservation and protection of the historical
assets of Brookline, including buildings, sites and districts of historical and
architectural interest; through the maintenance of such landmarks of the history of
Brookline, the Commonwealth and the Nation, and through the development of appropriate
uses and settings for such buildings and places,
Now, therefore, the Town calls on the Brookline Preservation Commission, acting
under Article 5.6 of the By-laws of the Town and under Chapter 40C of the General Laws, to
conduct an investigation and public hearing for designating the St. Aidan’s Church
property, shown in the Atlas of the Town as Block 27, Lots 1-3 and 56, or any portion
thereof or structures or portions of structures thereon, as an historic district in the
Town of Brookline,
And, furthermore, the Town calls on the Brookline Preservation Commission to submit
a report on its findings, together with proposed actions, if any, to the next Special or
Annual Town Meeting held after July 31, 2001.
or act on anything relative thereto. |
| |
ARTICLE 23 |
To see if the Town will
adopt the following:
Resolution Supporting Abolition of Death Penalty and Passage of
Innocence Protection Act
WHEREAS, there is increasing alarm about the inevitability of executing innocent
persons in the U.S.A., with (as of March 1, 2001) 95 inmates exonerated after being sent
to Death Row since the death penalty’s 1976 reinstatement – often by sheer luck,
proving that the justice system does not work well enough to execute people; in Illinois,
13 such inmates were freed since 1977, more than the 12 executed there; and
WHEREAS, the death penalty has always been imposed in an arbitrary, and
particularly, a discriminatory manner in the U.S.A.; and
WHEREAS, habeas corpus and other avenues of judicial review have been substantially
curtailed by legislation and judicial rulings; and
WHEREAS, some US jurisdictions even have the death penalty for people who have
mental impairments and/or were under the age of 18 at the time of their offenses; and
WHEREAS, several recent Supreme Court Justices – Brennan, Marshall, Powell,
and Blackmun – have expressed serious doubts about death penalty ever being imposed
fairly and justly, with Justice Powell saying that his greatest regret was voting to
uphold its constitutionality, and Justice Blackmun stating in dissent, “the death
penalty experiment has failed”; and
WHEREAS, the death penalty is the costliest punishment, and diverts major resources
from real crime prevention measures, including police departments, better education, and
increasing employment; and
WHEREAS, the death penalty does not deter more than our current mandatory penalty
of life imprisonment without parole; instead, it brutalizes society by espousing the
legitimacy of lethal vengeance; and
WHEREAS, most democracies, most of our international allies, and most leading
religious denominations have all concluded that the death penalty is an immoral
perpetuation of a culture and a cycle of violence; and
WHEREAS, the American Bar Association, calling it “a haphazard maze of unfair
practices with no internal consistency,” has issued a welcome call for an execution
moratorium until procedures are devised to “ensure” fair administration and to
“minimize” the risk of executing the innocent; but in fact such procedures and
assurances are impossible to achieve for a justice system administered by fallible human
beings; and
WHEREAS, throughout the U.S.A., uneasiness grows with the death penalty, as
evidenced by the growing number of opponents, last year’s New Hampshire votes to
abolish it, and Illinois’ current moratorium,NOW, THEREFORE, BE IT RESOLVED, that Brookline’s representative Town Meeting
urges:
|
|
(1) |
Brookline’s citizens and elected officials
to join it in hereby strongly condemning the death penalty and in calling for the
immediate and permanent end to executions – in the U.S.A. and worldwide; and
|
|
(2) |
support, as interim measures, for death penalty
moratoria and for legislation like the “National Death Penalty Moratorium Act”
[by Sen. Feingold (WI)] and the “Innocence Protection Act,” [Sen. Leahy (Vt.)
and, inter alia, Rep. Delahunt (MA)]; and |
|
(3) |
elected and appointed officials of the Town, the
Commonwealth, all state and local governments, the government of the United States, and
governments worldwide to do everything in their power, and work with death penalty
opponents, to end executions as a form of punishment; and |
|
(4) |
that copies of this Resolution shall be
forwarded to death penalty abolition leaders, the Governor, our state representatives, our
representatives in Congress, and President Bush.
or act on anything relative thereto. |
| |
ARTICLE 24 |
| That the Town Meeting,
by its affirmative vote at the Annual Meeting, establish the ENTERPRISE FUND ADVISORY
COMMITTEE to consist of Nine (9) Members appointed by the Town Moderator with the make-up
of the Committee to be as follows: |
|
1. |
Two (2) members thereof to be selected from the
Advisory Committee |
|
2. |
One (1) member thereof to be selected to be a
Town Meeting Member of Precinct 15; |
|
3. |
One (1) member thereof to be selected to be a
Town Meeting Member of Precinct 16; |
|
4. |
Three (3) members thereof to be selected to be
Town Meeting Members at large from any of the remaining precincts; and |
|
5. |
Two (2) members thereof to be selected to be the
incumbent Presidents of the Men’s and Women’s Divisions of the Brookline Golf
Association. |
The term of each
appointed member to be for 3 years (staggered) and a majority of the Committee would
constitute a quorum to conduct the business of the Committee and the members of the
Committee are to serve without compensation.
The mission or purpose of this Committee would be to conduct, independently, an audit
review of the activities, budgets, revenues and expenditures of the Enterprise Fund. To
prepare and to file, periodically as deemed necessary, but no less than annually, a report
of its findings. Such report shall include, but not necessarily limited to, a primary
focus on the utilization and effectiveness of the recreational facilities and the
recreational benefits to the residents and voters of the Town of Brookline.
The Committee may establish such rules for the conduct of the Committee’s business
that shall not conflict with any of the By-laws of the Town of Brookline or any of the
applicable laws of the Commonwealth of Massachusetts.
All requests for information by the Committee shall be submitted, in writing, to the
Department of Public Works, Park and Recreation Commission, the Recreation Department, the
Town Treasurer, or other department or section of Town government deemed appropriate for
the request and a reasonably prompt response is to be expected.
|
|
ARTICLE 25 |
| That the Town Meeting,
by its affirmative vote at the Annual Meeting, establish the PUTTERHAM MEADOWS GOLF CLUB
ADVISORY COMMITTEE to consist of Nine (9) Members appointed by the Town Moderator with the
make-up of the Committee to be as follows: |
|
6. |
Two (2) members thereof to be selected from the
Advisory Committee |
|
7. |
One (1) member thereof to be selected to be a
Town Meeting Member of Precinct 15; |
|
8. |
One (1) member thereof to be selected to be a
Town Meeting Member of Precinct 16; |
|
9. |
Three (3) members thereof to be selected to be
Town Meeting Members at large from any of the remaining precincts; and |
|
10. |
Two (2) members thereof to be selected to be the
incumbent Presidents of the Men’s and Women’s Divisions of the Brookline Golf
Association. |
The term of each
appointed member to be for 3 years (staggered) and a majority of the Committee would
constitute a quorum to conduct the business of the Committee and the members of the
Committee are to serve without compensation.
The mission or purpose of this Committee would be to conduct, independently, a review of
the activities and finances concerning the policies, improvements, revenues and
expenditures of the Putterham Meadows Golf Club golf course. To prepare and to file,
periodically as deemed necessary but not less than annually, a report of its findings.
Such report shall include, but not necessarily limited to, a primary focus on the
utilization and effectiveness of the golf course as a public recreational facility
dedicated primarily for the recreational benefit of the residents and voters of the Town
of Brookline. The review of the Committee to be an oversight only and to inform the
appropriate legislative bodies of the Town of its findings.
The Committee may establish such rules for the conduct of the Committee’s business
that shall not conflict with any of the By-laws of the Town of Brookline or any of the
applicable laws of the Commonwealth of Massachusetts.
All requests for information by the Committee shall be submitted, in writing, to the
Department of Public Works, Park and Recreation Commission, the Recreation Department, the
Town Treasurer, or other department or section of Town government deemed appropriate for
the request and a reasonably prompt response is to be expected. |
| |
ARTICLE
26 |
Reports of Town Officers and
Committees
AND YOU ARE DIRECTED TO SERVE THIS WARRANT IN ACCORDANCE WITH THE BY-LAWS OF THE TOWN OF
BROOKLINE.
HEREOF FAIL NOT, and make due return of this WARRANT, with your doings thereon, to the
Town Clerk, FOURTEEN DAYS at least before the day of said meeting.
Given under our hands and the seal of the Town of Brookline, Massachusetts, this 27th day
of March, 2001.
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