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ANNUAL TOWN MEETING
WARRANT
MAY 29TH, 2007
7PM HIGH SCHOOL AUDITORIUM
Final
Town Meeting Results
Combined Reports of Selectmen and Advisory Committee
with Supplements
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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 raise and appropriate, or appropriate from
available funds, a sum or sums of money to fund the cost items in
collective bargaining agreements between the Town and various employee
unions; fund wage and salary increases for employees not included in the
collective bargaining agreements; and amend the Classification and Pay
Plans of the Town; or act on anything relative thereto.
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ARTICLE 3
To see if the Town will authorize the Town Treasurer, with the approval
of the Selectmen, to enter into Compensating Balance Agreement(s) for
FY2008 in accordance with General Laws Chapter 44, Section 53F, or act
on anything relative thereto.
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ARTICLE 4
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.
1) Special Appropriation Closeouts
2) Rescind the bond authorization for repairs to the Larz Anderson
Skating Rink, authorized under Article 7, Section 12, Item 62 of the
2005 Annual Town Meeting, in the amount of $260,000.
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ARTICLE 5
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 6
To see if the Town will elect to establish an additional property tax
exemption for fiscal year 2008 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 7
To see if the Town will:
A.) Fiscal Year 2008 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 2008 budget, including without limiting the foregoing, all
town expenses and purposes, debt and interest, out of state travel,
operating expenses, and fix the salaries of all elected officers as
provided for in General Laws, Chapter 41, Section 108; authorize the
leasing, leasing with the option to purchase, or installment purchase of
equipment; stabilization fund as provided for in General Laws Chapter
40, Section 5B; authorize the continuation of all revolving funds in
accordance with G.L. Chapter 44, Section 53E½, and all Enterprise Funds
in accordance with G.L. Chapter 44, Section 53F½, and as otherwise
authorized; and provide for a reserve fund.
B.) Fiscal Year 2008 Special Appropriations
Appropriate sums of money for the following special purposes:
1.) Appropriate $225,000, or any other sum, to be expended under the
direction of the Chief Information Officer, with the approval of the
Board of Selectmen, for the enhancement of town-wide hardware and
software.
2.) Appropriate $135,000, or any other sum, to be expended under the
direction of the Fire Chief, with the approval of the Board of
Selectmen, for the replacement of firefighter turnout gear.
3.) Appropriate $200,000, 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.
4.) Appropriate $90,000, or any other sum, to be expended under the
direction of the Fire Chief, with the approval of the Board of
Selectmen, for the rehabilitation of Fire Department apparatus.
5.) Appropriate $1,000,000, 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 rehabilitation of streets.
6.) Appropriate $50,000, 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.
7.) 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 the rehabilitation of sidewalks.
8.) 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 streetlight replacement and repairs.
9.) 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 and the Park and Recreation Commission, for
improvements to Winthrop Square / Minot Rose Garden.
10.) Appropriate $250,000, 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 renovation of playground equipment, fields,
and fencing.
11.) 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 the rehabilitation of Town and School grounds.
12.) 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 the Tree Planting Committee, for the removal and
replacement of trees.
13.) Appropriate $230,000, 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 the Trustees of the Walnut Hills Cemetery, for
upgrades to the Walnut Hills Cemetery.
14.) Appropriate $130,000, 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 repairs to the Larz Anderson Skating Rink.
15.) Appropriate $348,000, or any other sum, to be expended under the
direction of the Building Commission, with the approval of the Board of
Selectmen and the Park and Recreation Commission, for the upgrade of the
HVAC system and fire escape at the Soule Recreation Center.
16.) Appropriate $25,000, or any other sum, to be expended under the
direction of the Chief Procurement Officer, with the approval of the
Board of Selectmen and the School Committee, for school furniture
upgrades.
17.) 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 removal of asbestos from Town and School buildings.
18.) 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 ADA renovations to Town and School buildings.
19.) Appropriate $100,000, or any other sum, to be expended under the
direction of the Building Commission, with the approval of the Board of
Selectmen and the School Committee, for a School Facilities Master Plan.
20.) 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 and the School Committee, for boiler replacement at the
Baldwin School.
21.) Appropriate $400,000, or any other sum, to be expended under the
direction of the Building Commission, with the approval of the Board of
Selectmen and the School Committee, for portable classrooms.
22.) Appropriate $250,000, 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 rehabilitation of the interior of the
Singletree Road water tank.
23.) Appropriate $1,350,000, 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 the Park and Recreation Commission, for the
purchase of the State-owned reservoir at Fisher Hill and for making said
location safe and accessible to the public.
24.) Appropriate $15,950,000, or any other sum, to be expended under the
direction of the Building Commission, with the approval of the Board of
Selectmen, for remodeling, renovating, reconstruction or making
extraordinary repairs to Town Hall.
C.) Funding
And determine whether such appropriations shall be raised by taxation,
transferred from available funds, borrowed 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, gifts, reimbursements, and aid from both federal, state, and
other sources and agencies for any of the purposes noted in this Article
7, or act on anything relative thereto.
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ARTICLE 8
To see if the Town will fund Five Engine Companies, Two Ladder Companies
for the entire fiscal year without restriction, or act on anything
relative thereto.
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ARTICLE 9
To see if the Town will amend the Zoning By-Law by adopting the
following zoning map change:
Rezone a triangular area bordered by Clyde and Dale Streets (Block 340,
Lots 8, 9-01, 10, 10-01, 11-09 and 12) from L-0.5 to T-5, including the
following addresses: 286, 290, 294, 298, 302 Clyde Street and 32 Dale
Street. (See Exhibit 1, as follows.)
Exhibit 1: Map of Proposed Zoning Map Change, L-0.5 to
T-5
Table 1: Parcels Contained within Subject L-0.5 Zone
| PARCEL ID |
PARCEL ADDRESS |
PARCEL AREA (SF) |
CURRENT ZONING |
CURRENT LAND USE |
| 340-12-00 |
286 Clyde Street |
4,464 |
L-0.5 |
Single Family Residential |
| 340-11-09 |
290 Clyde Street |
4,235 |
L-0.5 |
Two-Family Residential |
| 340-09-01 |
294 Clyde Street |
4,685 |
L-0.5 |
Single Family Residential |
| 340-10-00 |
298 Clyde Street |
3,727 |
L-0.5 |
Single Family Residential |
| 340-10-01 |
302 Clyde Street |
5,998 |
L-0.5 |
Single Family Residential |
| 340-08-00 |
32 Dale Street |
4,784 |
L-0.5 |
Single Family Residential |
or act on anything relative thereto.
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ARTICLE 10
To see if the Town will amend the Zoning By-Law as follows:
Amend Article VIII, NONCONFORMANCE, §8.03, REBUILDING AFTER CATASTROPHE
to read:
1. If a non-conforming building or use shall have been damaged or
destroyed by fire, explosion or other catastrophe, it may be repaired or
rebuilt, except in accordance with paragraph 2 below, provided that:
a. the non-conforming nature of the repaired or rebuilt building is not
increased in any respect;
b. the repaired or rebuilt building shall be used in the same manner as
the building being replaced or otherwise used in compliance with the use
limitations of the applicable zoning district; and
c. a building permit for the repair or rebuilding shall be applied for
within two years from the date of the damage or destruction; time
incurred in resolving an appeal or other court action or insurance claim
shall not be counted as part of the two year limit; the Zoning Board of
Appeals may extend the two year period for good cause.
2. Except for buildings exempt per Section 5.6.7(f) of the Town By-Laws,
a nonconforming building listed in the National and/or State Registers
of Historic Places as an individual or contributing property or located
in a Local Historic District damaged or destroyed by fire, explosion, or
other catastrophe to such an extent that the cost of rebuilding would
equal or exceed fifty percent of the replacement value of the building
at the time of the catastrophe, as estimated by the Building
Commissioner, may be rebuilt if approved by the Board of Appeals by
special permit. In such cases, the Board of Appeals shall consider the
recommendations of the Preservation Commission and the Planning Board.
3. Notwithstanding the provisions above, all other relevant sections of
the Zoning By-Law, including but not limited to Sections 5.09 and 7.06,
shall apply, or act on anything relative thereto.
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ARTICLE 11
To see if the Town will amend the Zoning By-Law and Zoning Map as
follows:
1. By adding a new zoning district F-1.0 (“Three Family Zones”),
replacing the existing zoning in the areas shown on the attached map.
2. By adding a new section 3.01.1.d. as follows:
“d. Three Family (F)
1) F-1.0”
and renumbering the existing 3.01.1.d as 3.01.1.e.
3. By adding a new “F” heading under Section 4.07 (“Table of Use
Regulations”) with the same use designations as the existing “T” column,
with the exception of the uses listed in Principal Use 4A below, that
Prinicpal Use 7 (“Lodging House, Licensed and Unlicensed”) should read
“SP”, and that Accessory Use 59 should read “Yes*”.
4. By amending Section 4.07 (“Table of Use Regulations”) by adding a new
Principal Use 4A immediately after Principal Use 4:
| Principal Uses |
S |
SC |
T |
F |
M |
L |
G |
O |
I |
| 4A. Dwelling on a separate lot for
three families or attached dwelling on a separate lot for two
families |
No |
No |
No |
Yes |
Yes |
Yes |
Yes |
No |
Yes |
5. By amending Principal Use 6 to read as follows:
6. Multiple or attached dwelling of four or more units other
than the preceding item divided into dwelling units each occupied by
not more than one family but not including lodging house, hotel,
dormitory, fraternity or sorority.
* Compliance with §4.08 required if containing 6 or more dwelling
units
Permitted by special permit in S-0.5P and S-0.75P Districts subject
to §5.06.
In L and G districts, the ground floor of a building must have no
more than 40% of its frontage along a street devoted to residential
use, including associated parking or lobby use |
6. By amending Section 5.01 (“Table of Dimensional Requirements”) by
adding a new district F-1.0 immediately following T-5 as follows:
| DISTRICT |
USE
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LOT
SIZE
MINIMUM
(sq. ft.) |
FLOOR AREA RATIO MAXIMUM |
LOT
WIDTH
MINIMUM (feet) |
HEIGHT
MAXIMUM
(feet) |
Front Yard
(feet) |
Side Yard
(feet) |
Rear Yard
(feet) |
Open Space Landsc. |
Open Space Usable |
| F-1.0 |
1-family dwelling
2-family dwelling
3-family dwelling
Any other structure or principal use |
4,000
5,000
5,000
5,000 |
1.0
1.0
1.0
1.0 |
40
45
45
60 |
35
35
40
40 |
15
15
15
15 |
7.5
10
10
10+
L’/10 |
30
30
30
30 |
10%
10%
10%
10% |
30%
30%
30%
30% |
7. By amending footnote 2 in Section 5.01 (“Table of Dimensional
Requirements”) to read as follows:
“2. At the end of each row or block of one-family attached dwellings, a
yard shall be provided along the street line or side lot line of at
least ten feet plus one foot for each dwelling unit in excess of two. In
T districts, see also §5.48. In M and F districts, a building subject to
the side yard formula: 10+L/10 may be built to the side lot line: (a) as
a matter of right if, on the adjoining lot, a principal building with no
setback from that lot line already exists or is proposed to be built
concurrently; (b) by special permit if the Board of Appeals finds that
reasonable development of the lot necessitates building to the side lot
line, such action does not unreasonably infringe upon the light and air
of any existing adjoining building, and the party wall is solid and has
neither doors nor windows. A building with no side yard shall not have a
building wall on the side lot line extending more than 70 feet to the
rear of the front yard required by this By-law; except that a building
wall may be located along any part of a side lot line on which a
principal building on the adjoining lot abuts between the rear yard
required by this By-law and the required front yard line. Where building
walls more than 70 feet to the rear of the required front yard are not
permitted to be built along the side lot line, said walls shall have a
side yard setback not less than: 10+L/10 the “L” dimension being that
portion of the wall required to be set back from the side lot line.”
8. By changing the zoning of five properties shown on the attached map
as follows from the M-1.0 and M-1.5 districts to the T-5 zoning
district.
PROPOSED
F-1.0 ZONE - Coolidge Corner District - PDF
PROPOSED T-5 ZONE ADDITIONS - Coolidge Corner District - PDF
or act on anything relative thereto.
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ARTICLE 12
To see if the Town will vote to accept a grant of easement from Harriet
Brendze of 150 Princeton Road over a portion of land adjacent to 150
Princeton Road known as Lot 7 and shown as Lot 2 on a plan entitled
“Roadway Upgrading Plan”, dated January 9, 2007 and revised on February
23, 2007, prepared by Verne T. Porter, Jr., PLS, Newton Massachusetts in
order to provide municipal services such as refuse removal, snow removal
and emergency services. Said easement is situated in Norfolk County and
contains approximately 1,285 square feet as shown on a plan entitled
“Easement Plan”, dated March 15, 2007, prepared by Verne T. Porter, Jr.,
PLS, Newton Massachusetts to be recorded at the Norfolk Registry of
Deeds upon acceptance by the Town being bounded and described as
follows:
Beginning at a concrete bound on the North side of Princeton Road.
Thence: running by Princeton Road thirty feet (30.00) on a curve to the
right having a radius of seventeen hundred forty five feet (1745.00) to
a point.
Thence: turning and running N 71-48-28 E forty and eight hundredths feet
(40.08) to a point.
Thence: turning and running N 18-11-32 W thirty four and forty four
hundredths feet (34.44) to a point.
Thence turning and running S 65-27-05 W forty and seven hundredths feet
(40.07) to the point of beginning.
Said easement containing twelve hundred eighty five square feet (1285
s.f.), or act on anything relative thereto.
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ARTICLE 13
To see if the Town will authorize and empower the Board of Selectmen to
lease the property known and numbered as 9 Newton Street for not more
than ten years, in accordance with a proposal to be submitted in
response to Requests for Proposal and procedures required under General
Laws, Chapter 30B, and such additional terms and conditions determined
by the Board of Selectmen to be in the best interest of the town, or act
on anything relative thereto.
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ARTICLE 14
To see if the Town will, pursuant to the provisions of General Laws,
Chapter 152, section 69, as amended, extend the terms “laborers, workmen
and mechanics”, as used in sections 68 to 75, inclusive, of said Chapter
152 (Worker’s Compensation Law) to include all employees in the
Department Heads and Mid-Management Technical and Professional
Classification Plans, as those Plans may be amended from time to time,
with the exception of the Chief of Police and Fire Chief as they are
already entitled to comparable coverage under the provisions of
G.L.c.41,§111F, or act on anything relative thereto
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ARTICLE 15
To see if the Town will authorize and empower the Board of Selectmen to
file a petition, in substantially the following form, with the General
Court:
Be it enacted, etc., as follows:
A. Chapter 317 of the Acts of 1974, An Act Establishing a Department of
Transportation in the Town of Brookline, is hereby amended by adding the
following language (appearing below in bold face and underlined type) to
the second sentence of the second paragraph of Section 4 and by adding a
new Section 4(a) relative to the authority of the Board of Selectmen or
its designee to adopt a Valet Parking Permit Program:
Section 4. (Second Sentence in Second Paragraph)
The board shall also have all authority previously granted to the
selectmen by virtue of the provisions of section twenty-two of chapter
forty of the general laws, except with respect to any Valet Parking
Permit program as provided in Section 4(a) below.
Section 4(a). The Board of Selectmen or its designee, for the purpose of
promoting and protecting the public safety, welfare and environment may
adopt a valet parking permit program (hereinafter referred to as the
“Valet Permit Program”) for any person or entity providing valet parking
services (hereinafter referred to as the “Valet Service”) which uses any
public way(s) in the Town of Brookline. The Valet Permit Program is
intended to provide a process to review the operations of the Valet
Service and its effect(s), if any, on the public safety, welfare and
environment.
The Board of Selectmen or its designee may issue permits to Valet
Service providers operating in the Town of Brookline and using any
public way(s) within the Town. Valet Service providers shall file with
the Board of Selectmen or its designee an application for a Valet Permit
on an approved form and shall file an application to renew such Permit
annually.
Applications for a permit to operate a Valet Service shall be filed with
the Board of Selectmen or its designee at least sixty (60) days prior to
the date the Valet Service is proposed to begin.
The application shall, at a minimum include:
1. Name, address telephone and fax numbers of the Valet Service
provider.
2. Copies of insurance policies maintained by the Valet Service
provider.
3. Name address telephone and fax numbers of the establishment for which
the Valet Service is proposed.
4. A copy of the proposed agreement between the Valet Service provider
and the establishment being served.
5. A letter of agreement to access and use any proposed off-street
parking area(s) which states the maximum number of vehicles allowed and
total vehicle capacity of the facility.
6. A copy of an Open-Air Parking Permit for any off-street parking area
or application therefor, if required by G.L.c.148, §56.
7. A detailed plan of the proposed valet operation; including hours and
days of operation; routes to and from the parking area(s); number of
valets; and location and design of the proposed valet parking sign(s).
Upon the receipt of an application, the Board of Selectmen or its
designee shall notify, in writing, abutters to the establishment for
which the Valet Service is proposed and abutters to any off-street
parking areas which the Valet Service proposes to utilize with regard to
the pending application and the date, time and location of the hearing.
In addition, the Board of Selectmen or its designee shall send the same
notice to all Town Meeting Members in the district in which the Valet
Service intends to operate.
The Board of Selectmen or its designee, after notice and hearing may: 1)
grant the application; or 2) grant the permit and impose reasonable
conditions or restrictions, including, but not limited to restricting
the days and/or hours of operation; 3) reject any application if it
determines that the proposed Valet Service would adversely affect the
public safety, welfare or environment or would violate any applicable
statutes, codes, rules, regulations and/or provisions of the Town’s
by-laws; 4) request additional information from the Valet Service
provider; and/or 5) take any other action it deems reasonable under the
circumstances.
The Board of Selectmen or its designee shall send a copy of the
completed application to the Director of Transportation, Director of
Planning and Community Development, Chief of Police, Fire Chief and
Building Commissioner for their review and written recommendations with
respect to whether or not the Valet Service as proposed meets all the
requirements of any applicable statutes, codes, rules, regulations
and/or provisions of the Town’s by-laws.
The Board of Selectmen or its designee may promulgate reasonable rules
and regulations to carry out the purposes of any Valet Permit Program,
including, but not limited to definition of terms, applicability, fees
for permit applications; permit renewal requirements; enforcement and
penalties for non-compliance. Any such rules and regulations shall be
published at least once in a local newspaper and made available on the
Town’s website, or act on anything relative thereto.
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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 permitting the Town of Brookline to assess SUVs, light trucks and
other passenger vehicles not considered passenger cars at higher rates
than more fuel efficient passenger cars.
Section 1. Notwithstanding the general requirements or any provision of
M.G.L., c. 59 §21C or any other general or special law, the Town of
Brookline is hereby authorized to assess SUVs, light trucks, pick-up
trucks and other vehicles not considered “passenger cars’ for purposes
of Federal Corporate Average Fuel Economy (CAFÉ) standards at the rate
of fifty dollars per thousand of valuation.
Section 2. This act shall take effect upon passage, or act on anything
relative thereto.
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ARTICLE 17
To see if the Town will amend the sixth sentence of Section 2.2.1 of the
Town By-laws to increase from six to eight the maximum number of
non-Town Meeting Members who may be appointed to the Advisory Committee
as follows (language to be deleted is underlined and new language is in
bold face type):
SECTION 2.2.1 APPOINTMENT OF MEMBERS
The Moderator shall, in June of each year, appoint citizens to serve on
the Advisory Committee (herein the Committee) established under G.L.c.
39, Section 16, and this Bylaw. Members of the Committee shall serve
without compensation. The Committee shall consist of not fewer than
twenty nor more than thirty registered voters of the Town. At least
sixteen Committee members shall be elected Town Meeting Members at the
time of their appointment. At least one elected Town Meeting Member
shall be appointed from each precinct. No more than six eight members
shall be appointed who are not elected Town Meeting Members at the time
of their appointment. No more than four members of the Committee shall
reside in the same precinct. No member of the Committee shall be an
employee of the Town or a member of any standing Board or Committee
having charge of the expenditure of money; but, this restriction shall
not disqualify from appointment to the Committee, members of special
committees, which may be created from time to time by Town Meeting, the
Moderator or the Selectmen to report on specific matters, or act on
anything relative thereto.
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ARTICLE 18
To see if the Town will amend Article 3.7 Building Commission; Procedure
for the Construction and Alteration of Town Buildings and Structures
by-law as follows:
A. With respect to Section 3.7.2 Project Procedures
In paragraph (a) Step 1 add the following after “expected hour of the
facility’s availability”:
“environmental and sustainability goals and objectives,”
B. With respect to Section 3.7.2 Project Procedures
In paragraph (a) Step 1 add the following after “and overall effect on
the Town”:
“all as appropriate for the project’s scope and budget. Environmental
and sustainability goals and objectives include design and construction
practices that explicitly consider Green technologies, site selection,
waste minimization, energy efficiency, water conservation, indoor
environmental quality, and other environmental and health factors that
may provide financial, environmental, and occupant health and
productivity benefits.”
C. With respect to Section 3.7.2 Project Procedures
In paragraph (b) Step 2 add the following after “and any special studies
which the Commission and the Using Agency jointly recommend.”:
“The work of the consultant shall consider the investigation,
cost-benefit analysis, and recommendation of appropriate options that
address the environmental and sustainability goals and objectives
outlined in paragraph (a) above”, or act on anything relative thereto.
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ARTICLE 19
To see if the Town will mend the General By-Laws by adding a Section
7.7.7 to Article 7.7 Removal of Snow and Ice from Sidewalks as follows,
Section 7.7.7 Town Responsibility for Plowing and Sanding Sidewalks in
Residential Districts.
Notwithstanding the provision of 7.7.1 to 7.7.6 inclusive, the Town
shall be responsible for plowing and sanding sidewalks in residential
districts, or act on anything relative thereto.
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ARTICLE 20
To see if the Town will amend the General By-Laws of the Town of
Brookline by deleting Section 8.5.9 of Article 8.5 and replacing it with
the following:
SECTION 8.5.9 VANDALISM AND THE DEFACEMENT
OF PUBLIC AND PRIVATE PROPERTY
8.5.9.1 Purpose and Intent
Vandalism and the existence of graffiti within the Town are considered a
public and private nuisance. The purpose of this by-law is to protect
public and private property from acts of vandalism and defacement, which
is specifically intended to include the application of graffiti on such
property. Vandalism and graffiti affects the quality of life of
residents, the rights and values of property owners, and the entire
Brookline community; therefore, this by-law shall be strictly enforced.
For the purposes of this by-law, graffiti is intended to mean the
intentional painting, marking, scratching, etching, coloring, tagging,
or other defacement of any public or private property without the prior
written consent of the owner of such property.
8.5.9.3 Prohibited Conduct
Whoever intentionally, willfully and maliciously or wantonly, destroys,
defaces, mars, injures or applies graffiti to the real or personal
property of another including, but not limited to, any part of any
public or private building, appurtenance to such building, or any
monument, tablet, statue, or other object erected to mark a public place
or to commemorate an historic event or figure, or any equipment,
apparatus or fixture located on or comprising public property, or any
fence, wall, post, traffic signaling device or pole, awning, or any
other structure, shall, upon conviction, be punished by the maximum
criminal fine allowed by state law, and in addition, shall forfeit to
the property owner the reasonable cost of repairing, replacing, removing
or obliterating such defacement, graffiti or act of vandalism.
8.5.9.4 Enforcement
Upon determining that graffiti exists on any private or other non-Town
owned property and that such graffiti can be viewed from a public place
within the Town, the Chief of Police or his designee shall mail or
deliver a notice to the owner of the property on which the graffiti
exists advising the owner that the graffiti must be removed within
fourteen days. In the case of graffiti on private residential property
consisting of thirty dwelling units or less, the property owner shall,
within fourteen days of delivery of the notice, either remove the
graffiti or submit a written request to the Commissioner of Public Works
along with a release, requesting the Town to enter the property and
assist in removing the graffiti. Upon receipt of the property owner’s
written request and release, the Commissioner of Public Works or his
designee shall determine whether the graffiti can be safely removed,
and, if so, whether it is appropriate to remove it. If the Town assists
in the removal of such graffiti, the Town shall charge the property
owner a fee in the amount of the actual cost of removal or one hundred
dollars, whichever is less, and any amount forfeited to the property
owner under Section 8.5.9.3 of this by-law in excess of such amount
shall be turned over to the Town and deposited in the General Fund.
Failure to remove the graffiti or make such request within fourteen days
shall be deemed a violation of this section and may be dealt with as a
non-criminal offense in accordance with the provisions of G.L. c. 40, s.
21D and Article 10.3 of these By-laws. Any fee charged by the Town for
the cost of graffiti removal under this section remaining unpaid after
sixty days of notice of such charge shall be subject to the provisions
of G.L. c. 40, s. 58. In the case of graffiti on commercial property or
private residential property consisting of more than thirty dwelling
units, the property owner shall, within fourteen days of delivery of the
notice, remove the graffiti. Failure to do so shall be deemed a
violation of this section and may be dealt with as a non-criminal
offense in accordance with the provisions of G.L. c. 40, s. 21D and
Article 10.3 of these By-laws, or act on anything relative thereto
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ARTICLE 21
To see if the Town will amend the General By-Laws by adding an Article
8.28 as follows:
ARTICLE 8.28
RESTRICTION ON USE OF ARTIFICIAL TRANS FAT
SECTION 8.28.1 ARTIFICIAL TRANS FAT RESTRICTED
Artificial trans fat restricted. No foods containing artificial trans
fat, as defined in this section, shall be stored, distributed, held for
service, used in preparation of any menu item or served in any food
service establishment or by any mobile food unit commissary, except food
that is being served directly to patrons in a manufacturer’s original
sealed package.
SECTION 8.28.2 DEFINITION
Definition. For the purposes of this section, a food shall be deemed to
contain artificial trans fat if the food is labeled as, lists as an
ingredient, or has vegetable shortening, margarine or any kind of
partially hydrogenated vegetable oil. However, a food whose nutrition
facts label or other documentation from the manufacturer lists the trans
fat content of the food as less than 0.5 grams per serving, shall not be
deemed to contain artificial trans fat.
SECTION 8.28.3 LABELS REQUIRED
(1) Original labels. Food service establishments and mobile food unit
commissaries shall maintain on site the original labels for all food
products:
(i) that are, or that contain, fats, oils or shortenings, and (ii) that
are, when purchased by such food service establishments or mobile food
unit commissaries, required by applicable federal and state law to have
labels, and (iii) that are currently being stored, distributed, held for
service, used in preparation of any menu items, or served by the food
service establishment, or by the mobile food unit commissary.
(2) Documentation instead of labels. Documentation acceptable to the
Department, from the manufacturers of such food products, indicating
whether the food products contain vegetable shortening, margarine or any
kind of partially hydrogenated vegetable oil, or indicating trans fat
content, may be maintained instead of original labels.
(3) Documentation required when food products are not labeled. If baked
goods, or other food products restricted pursuant to subdivision (a) of
this section, that are or that contain fats, oils or shortenings, are
not required to be labeled when purchased, food service establishments
and mobile food commissaries shall obtain and maintain documentation
acceptable to the Department, from the manufacturers of the food
products, indicating whether the food products contain vegetable
shortening, margarine or any kind of partially hydrogenated vegetable
oil, or indicating trans fat content.
SECTION 8.28.4 EFFECTIVE DATE
Effective date. This section shall take effect on November 30, 2008,
with respect to oils, shortenings and margarines containing artificial
trans fat that are used for frying or in spreads; except that the
effective date of this section with regard to oils or shortenings used
for deep frying of yeast dough or cake batter, and all other foods
containing artificial trans fat, shall be April 30, 2009, or act on
anything relative thereto
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ARTICLE 22
To see if the Town will amend the General By-laws by adding the
following
article:
Article 8.28
The Brookline Health Department's authorized personnel shall only
administer Flu Shots, vaccines and immunizations to town employees and
residents that are 100% Thimerosal free, and are free of all other
toxins or substances, the introduction of which have been documented
through credible scientific study to cause significant risk to human
health, or act on anything relative thereto.
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ARTICLE 23
Reports of Town Officers and Committees
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