Town of Arlington, MA - Town Meeting 2006 voting

ARTICLE 3 APPOINTMENT OF MEASURERS OF WOOD AND BARK

VOTED: (UNANIMOUSLY) (QUORUM PRESENT)

That John A. FitzMaurice, 17 Lakeview, be and hereby is appointed Measurer of Wood and Bark until the next Annual Town Meeting.

A true copy of the vote under

Article 3 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 24, 2006.

ARTICLE 4 ELECTION OF ASSISTANT TOWN MODERATOR

VOTED: (UNANIMOUSLY) (QUORUM PRESENT)

Nominations were held for the position of Assistant Moderator and John D. Leone, 51 Irving Street of Precinct 8 was the sole candidate nominated.

The Town Clerk cast one ballot for Mr. Leone and he was elected for a term of one year as provided in Title I, Article 1, Section 11A of the Bylaws.

A true copy of the vote under

Article 4 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 24, 2006.

ARTICLE 6 ZONING BYLAW AMENDMENT/OPEN SPACE DISTRICT

VOTED: (STANDING VOTE – 148 IN THE AFFIRMATIVE AND 5 IN THE NEGATIVE) (QUORUM PRESENT)

That the Town vote to amend the Zoning Bylaw in Article 5 to allow accessory off-street parking by special permit in the Open Space District. To accomplish this, add the letters “SP” in the column for the “OS” district in the row for use 8.11 (Accessory off-street parking…) in Section 5.04, The Table of Use Regulations, and in Section 11.06, b, by adding a new subparagraph as follows, “3.Parking in the open space district shall be subject to the environmental design review procedures and standards hereinafter specified.”

A true copy of the vote under

Article 6 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

ARTICLE 10 BYLAW AMENDMENT/UNIFORM CONSTRUCTION ACCESS

VOTED: (UNANIMOUSLY) (QUORUM PRESENT)

Given that most people including seniors and adults and children with disabilities prefer to remain or return to their own homes and communities rather than having to live away from family and friends in a nursing home;

Given that many people are at a risk of being institutionalized at some point in their lives and aging in place in one’s own home is preferential to institutionalization;

Given that Universal Design is a design for the life span and provides usable and suitable products and arrangements for all people regardless of age, size or abilities;

Given that the cost of providing Universal Design is minimal in the initial design and construction of homes, and its features can add value to the home;

Given that Universal Design can realize long term cost savings in view of reduced health care costs as well as reduced hazards in the home;

Given that baby boomers are creating a growing need for Universal Design to age in their own homes; and

Given that as a recipient of federal funds Arlington is obligated to further home accessibility;

Therefore the Town of Arlington embraces, supports and encourages the use of Universal Design in construction, retrofitting and renovation to provide for the continuation of inclusive community living for all its residents.

A true copy of the vote under

Article 10 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 24, 2006.

ARTICLE 15 BYLAW AMENDMENT/BOARD OF ASSESSORS REPORT

VOTED: (UNANIMOUSLY) (QUORUM PRESENT)

Whereas all Arlington property owners have a mutual and shared interest in the tax assessment process, and

Whereas Title 1 Article 15 of the Town Bylaws states in part ‘We value Arlington’s efficient delivery of public services providing for the common good. The benefits from these services and the responsibility of taxation will be equitably distributed among us. We will be known for our sound financial planning and for the thoughtful, open process by which realistic choices are made in our Town,’ as one of the Town’s goals, and

Whereas the Board of Assessors has made some pertinent information about assessment available in the Annual Report and on the Town’s website, and

Whereas we believe that assessment criteria and process information should be readily available to all Arlington property owners,

Therefore, be it resolved by the Arlington Town Meeting that the Board of Assessors should report annually to the Town in a medium readily available to all. This report should include but not be limited to the following:

1. A general narrative description of the assessment process including the influence of neighborhood, property type, property description, property condition, and property market conditions.

2. Statistics and trend analysis on assessments as they pertain to the various property classes and/or neighborhoods.

A true copy of the vote under

Article 15 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

ARTICLE 16 BYLAW AMENDMENT/ARTICLE 6 PERSONNEL BYLAW

VOTED: (QUORUM PRESENT)

To strike Title I, Article 6, Section 13 Sick Leave, Subsection C, Accumulation which provides as follows:

Sick leave will accumulate for each year of employment. When an employee leaves the employment of the Town, the employee, or in the case of death the employee’s estate, shall be paid 25% of the employee’s rate of pay for any unused and accumulated sick leave. No sick leave credit for prior employment will be allowed employees rehired or reinstated after a termination of service other than approved leave of absence.

And replace it with:

There shall be payment of accumulated sick leave upon the employee’s death, retirement, or his leaving the employment of the Town. When a person leaves the employment of the Town, this employee, or in the case of death the employee’s estate, shall be paid twenty-five percent (25%) of the employee’s rate of pay for any and all unused and accumulated sick leave. Any employee hired after July 1, 1997, will have sick leave buy back limited to 150 days. No sick leave credit for prior employment will be allowed employees rehired or reinstated after a termination of service other than approved leave of absence.

A true copy of the vote under

Article 16 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 24, 2006.

ARTICLE 17 BYLAW AMENDMENT/SECTION 8 ANIMAL CONTROL

VOTED: (UNANIMOUSLY) (QUORUM PRESENT)

That Section 2 of Article 2 Canine Control of Title VIII Public Safety be and hereby is amended by adding the following at the end thereof:

The Park and Recreation Commission shall provide for a hearing process to consider community input regarding the creation, placement and use of dog parks, dog runs or dog exercise areas. The Commission shall adopt rules and regulations concerning these hearings subject to the approval of the Town Manager.

A true copy of the vote under

Article 17 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 26, 2006.

ARTICLE 19 MUTUAL AID/PUBLIC HEALTH

VOTED: (UNANIMOUSLY)

That the Town hereby authorizes the Town Manager to sign the following Mutual Aid Agreement, which provides as follows:

Mutual Aid Agreement among Public Health Agencies in Emergency Preparedness Region 4B &4C

This Mutual Aid Agreement (“Agreement”) is entered into by and between the public health agencies of various cities and towns.

The purpose of this Agreement is to provide for mutual aid and assistance between the municipalities entering into the Agreement when the resources normally available to a municipality are not sufficient to cope with a situation, which requires public health action. The health and well being of a community will best be protected through the concerted efforts of multiple public health agencies providing assistance to one another. The promotion and coordination of this assistance through this Agreement is desirable for the effective and efficient provision of mutual aid and assistance.

This Agreement is in no way intended to substitute for the ordinary public health activities of any city or town. The parties intend that designees from the Sending Agency will not operate as the sole personnel of the Receiving Agency.

Section 2: Authority

Pursuant to M.G.L. Chapter 40, Section 4A, mutual aid agreements may be made among municipalities or municipal agencies, with the authorization of the City Council and Mayor in a city, and of Town Meeting in a town.

Section 3: Definitions

Authorized Representative means an official of a signatory entity who is authorized to request, offer, or otherwise provide assistance under this Agreement, and is authorized by law to execute a contract in the name of a governmental unit. A member/designee of the public health agency, if so authorized shall be the authorized representative. If a member/designee of the public health agency is not authorized, the authorized representative shall be the chief executive officer or other officer so authorized; and this officer shall work jointly with a member/designee of the public health agency.

Mutual Aid means aid to another public health agency in the form of personnel, equipment, facilities, services, supplies, or other resources appropriate to public health programs, including but not limited to inspections; vaccination clinics; centers for the distribution of pharmaceuticals; administrative assistance; specimen collection, conveyance, and testing; consulting; environmental assessment; and other programs.

Public Health Agency means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health or health department of a city or town.

Receiving Agency means the public health agency requesting mutual aid from another public health agency.

Region means one of the Emergency Preparedness Regions established by the Massachusetts Department of Public Health.

Sending Agency means the public health agency that provides mutual aid to another public health agency.

Section 4: Other Agreements

This Agreement recognizes and does not supersede present and future mutual aid agreements or intermunicipal agreements among the signatories of this Agreement.

This Agreement does not limit any party jurisdiction’s ability to enter into mutual aid agreements in the future with neighboring municipalities and public health agencies, whether inside or outside Regions 4B and 4C.

Section 5: Requests for Assistance

1. The public health agency of each party jurisdiction shall designate an authorized representative in accordance with Section 3. The authorized representative of a Receiving Agency may request the assistance of another party jurisdiction by contacting the authorized representative of that jurisdiction. The authorized representative of a Sending Agency may authorize the sending of mutual aid.

2. The provisions of this Agreement shall apply only to requests for assistance made by and to the authorized representative.

A. Requests may be verbal or in writing.

B. If verbal, the request shall be confirmed in writing at the earliest possible date, but no later than 10 calendar days following the verbal request.

C. Written requests shall provide the following information:

(1) A description of the function for which assistance is needed;

(2) The amount and type of personnel, equipment, materials, services, supplies, and/or other resources needed, and a reasonable estimate of the length of time they will be needed; and

(3) The specific place and time for staging of the Sending Agency’s response and a point of contact at that location.

D. The parties recognize that especially during an emergency, the requirements for protection of the public health and safety may require work, services, or supplies beyond that contained either in an oral or written request (confirmation). Nothing in this Agreement should be construed to limit the ability of either agency or its personnel to respond in any manner necessary for the preservation of the public health and safety. To the extent such services or supplies are extended, the provisions of this Agreement shall apply.

Section 6: Limitations

1. The provision of mutual aid is voluntary. Neither the Sending nor Receiving Agency shall be required to deplete its own resources.

2. The extent of assistance to be furnished under this Agreement shall be determined solely by the Sending Agency, and the assistance furnished may be recalled at the sole discretion of the Sending Agency; provided however, that the Receiving Agency shall determine the scope of services to be delivered by the Sending Agency. Unless otherwise specified by the Receiving Agency in its request for assistance~or otherwise, persons from the Sending Agency~shall have the same legal enforcement authority in the receiving community as other persons serving in similar capacities in the Receiving Agency.

Section 7: Supervision and Control

1. Personnel sent to assist another community under this Agreement will continue under the command and control of their regular supervisors, but they will come under the operational control of the Receiving Agency. The Receiving Agency may use an incident command system (ICS) or unified command system.

2. Employees shall remain employees of their own agencies at all times. Each agency, sending or receiving, shall be responsible for its own employees’ wages, benefits, and similar obligations.

Section 8: Powers and Rights

Each Receiving Agency shall afford to the personnel of any Sending Agency operating within the Receiving Agency’s jurisdiction the same powers and rights as are afforded to like personnel of the Receiving Agency.

Section 9: Liability

1. Each party shall be liable for the acts and omissions of its own employees and not for the employees of any other agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. Each party agrees to indemnify and hold harmless the other parties to this Agreement from liability resulting from the acts and omissions of its own employees, including travel, in the performance of this Agreement to the extent the indemnifier would otherwise be liable under a direct claim pursuant to M.G.L. c. 258.

2. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages, which may be extended to them by operation of law.

3. This Agreement is by and between the municipalities, which have executed it. Each states that it is intended for their mutual benefit alone and is not intended to confer any express or implied benefits on any other person. This Agreement is not intended to confer third party beneficiary status on any person.

Section 10: Workers Compensation

If applicable, each party jurisdiction shall provide for the payment of workers compensation and death benefits to the personnel of its own jurisdiction.

Section 11: Reimbursement

1. Under this Agreement, there is no expectation of automatic or contractual reimbursement for the provision of any mutual aid. However, the parties may develop compensation agreements separately or within the context of this Agreement.

2. In the event of an emergency requiring state or federal assistance, Sending and receiving Agencies may apply for any type of state or federal assistance.

3. In any fiscal year in which a Sending Agency provides service to a Receiving Agency under this Agreement, both agencies shall keep records appropriate to record the services performed, costs incurred, and reimbursements and contributions received. Such records shall be available for, and shall be subject to, audit as is otherwise required by law for municipal financial records. Such records shall also be summarized in a financial statement that will be issued to the Receiving Agency, and to any other participant in the Agreement upon request.

Section 12: Implementation

1. This Agreement shall be binding and in effect after it is signed in accordance with the local charter or bylaws, and upon its approval by the legislative body, of any two municipalities.

2. Additional parties may join this Agreement upon acceptance and execution of it.

Section 13: Term of Agreement

This Agreement is to remain in effect for twenty-five years from the date of execution, at which time it may be extended in accordance with Massachusetts law. Any party may withdraw from this Agreement at any time by sending fourteen (14) days’ prior written notice to all other parties. This Agreement shall continue to be in effect among the remaining parties.

Section 14: Severability

Should any portion of this Agreement be judged to be invalid by any court of competent jurisdiction, such judgment shall not impair or invalidate the remainder of this Agreement, and for this purpose the provisions of this Agreement are declared severable.

[City/Town] of __________________

By: ______________________ Date: ___________

Approved as to form:

________________________ Date: ___________

Approved by [Appropriate Executive Officer]:

_______________________ Date: ___________

A true copy of the vote under

Article 19 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 24, 2006.

ARTICLE 22 HOME-RULE LEGISTLATION/PART-TIME ELECTED OFFICIALS HEALTHCARE BENEFITS

VOTED: (QUORUM PRESENT)

That the Town establish a Part-Time Elected Official’s Benefits Study Committee, whose membership shall be:

• A member of the Post-Employment Medical Benefits Committee, appointed by the Post-Employment Medical Benefits Committee.

• A member of the Finance Committee, appointed by the Chair of the Finance Committee.

• A member of the Board of Selectmen, appointed by the Board of Selectmen.

• 2 Town Meeting Members, appointed by the Moderator.

The Committee is charged to study and recommend whether or not paid part-time elected officials of the Town should have health insurance benefits, whether or not paid part-time elected officials of the Town should pay for healthcare benefits in excess of what the General Laws provide, and, if the Committee finds they should exist, what those limitations or excess payments should be.

The Committee shall report its findings and recommendations to the 2007 Annual Town Meeting and then be dissolved.

A true copy of the vote under

Article 22 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

ARTICLE 24 HOME RULE LEGISLATION/MAINTENANCE OF TOWN WATER BODIES

VOTED: (STANDING VOTE – 122 IN THE AFFIRMATIVE AND 14 IN THE NEGATIVE) (QUORUM PRESENT)

That the Town does hereby request & authorize the Board of Selectmen to file a home rule petition with the legislature that would provide substantially as follows:

AN ACT AUTHORIZING THE TOWN OF ARLINGTON TO ESTABLISH A SPECIAL ACCOUNT FOR MAINTENANCE OF ALL OF ITS TOWN WATER BODIES.

Section 1 Notwithstanding the provisions of any General or Special Law to the contrary, the Town of Arlington may establish a special account into which may be appropriated a sum or sums of money to be raised by general tax or otherwise, including the possibility of borrowing, and which account may receive gifts or grants of money, said money to be expended, under the direction of the Town Manager for the maintenance, treatment, and oversight of the Town’s water bodies.

Section 2 The Town Manager shall report to each Annual Town Meeting the revenues into and expenditures from the fund together with a projection of future needs.

Section 3 This special act shall take effect upon passage.

And for the purpose of maintaining, treating and oversight of the Town’s water bodies the sum of $15,000 be and hereby is appropriated, said sum to be raised by the general tax and expended under the direction of the Town Manager.

A true copy of the vote under

Article 24 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

ARTICLE 27 HOME RULE LEGISLATION/TEMPORARY LOANS

VOTED: (STANDING VOTE – 183 IN THE AFFIRMATIVE AND 5 IN THE NEGATIVE) (QUORUM PRESENT)

That the Board of Selectmen be and hereby is authorized and requested to file Home-Rule Legislation substantially as follows:

AN ACT RELATIVE TO THE ISSUANCE OF CERTAIN TEMPORARY LOANS IN ANTICIPATION OF BONDS BY THE TOWN OF ARLINGTON

Be it enacted by the Senate and the House of Representatives in General Court assembled and by the authority of the same, as follows:

SECTION 1: Notwithstanding the provisions of Section 17 of Chapter 44 of the General Laws or any other general or special law to the contrary, the Town of Arlington is authorized to issue temporary loans (including temporary loans issued to refund prior temporary loans) in anticipation of the $14,000,000 bonds authorized by the vote of the Town passed January 16, 2002 under Article 2 of the Warrant for the October 1, 2001 Special Town Meeting for urban renewal purposed for a period of not more than 10 years from the date of issue of the original temporary loan and without any part of such temporary loans being paid from revenue funds during such 10-year period.

SECTION 2. This act shall take effect upon its passage.

A true copy of the vote under

Article 27 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 26, 2006.

ARTICLE 28 HOME RULE LEGISLATION/TAX EXEMPTIONS

VOTED: (QUORUM PRESENT)

(a) That pursuant to the provisions of Clause 41B, Section 5 of Massachusetts General Laws Chapter 5 the Town hereby reduces the interest rate accrued on tax deferrals for those individuals 65 years of age or older to that rate set at the last auction for the 10 Year Treasury Constant Maturity held immediately preceding the tax year that such interest will be applicable to provided, however, that the deferral interest rate shall not be below six percent nor above eight percent and raises from $20,000 the maximum income qualification to $30,000 effective July 1, 2006.

VOTED: (UNANIMOUSLY)

(b) That the Town increases the statutory exemption amounts by 30 percent, which includes the 20 percent vote under Article 3 of the Special Town Meeting held on October 15, 2003, to taxpayers qualified for exemptions under Massachusetts General Laws Chapter 59 Section 5 for those clauses of Section 5 currently utilized and accepted by the Town in accordance with Chapter 73 Section 4 as amended by Chapter 126 of the Acts of 1988 or any other applicable legislation to be effective July 1, 2006.

A true copy of the vote under

Article 28 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

ARTICLE 30 ESTABLISH COMMITTEE/EXPLORE OPTIONS FOR ADDITIONAL BURIAL SPACE

VOTED: (UNANIMOUSLY) (QUORUM PRESENT)

The Town hereby establishes a Burial Space Review Committee who shall be charged with the responsibility of exploring the feasibility of finding additional burial space. The Committee shall consist of two members of the Board of Selectmen to be appointed by the Board, one shall Chair the Committee but have no vote, other members shall include one member of the Cemetery Commission and Conservation Commission who would be appointed by said Commissions, the Directors of Planning and Public Works, and the Town Manager or their designees. Three citizens of the Town would be appointed by the Board. The Committee will report to the 2007 Annual Town Meeting.

A true copy of the vote under

Article 30 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 26, 2006.

ARTICLE 31 ESTABLISH A STATE AID TASK FORCE COMMITTEE

VOTED: (QUORUM PRESENT)

That the Town does hereby establish a State Aid Task Force Committee. Said Committee will: (i) work together with local, regional and state authorities to restore and obtain additional local aid to the Town; (ii) meet at minimum on a quarterly basis to discuss state action(s) and plan strategies (with these meetings to be public in nature and subject to the process of the Open Meeting Law); (iii) hold at least one public hearing annually to solicit public input regarding the committee’s work; and (iv) report on an annual basis to Town Meeting beginning with the 2007 Annual Town Meeting. Said committee’s activities to include, but are not limited to, holding meetings with state leadership, participating in coalitions with other cities and towns, and providing reports and analyses for state budgeting process. Said committee’s membership to be as follows: Two members to be appointed by the Town Manager, one to be appointed by the Superintendent of Schools, one Selectman to be appointed by the Board of Selectmen, one Community At-Large Member to be appointed by the Board of Selectmen, a Member of the School Committee to be appointed by the School Committee and a Member of the Finance Committee to be appointed by its Chair.

A true copy of the vote under

Article 31 of the Warrant for the

Annual Town Meeting of the

Town of Arlington at the session

held April 26, 2006.

ARTICLE 32 COMPREHENSIVE FIRE STATION BUILDING PLAN