Agenda: | 2017
TOWN OF DALTON
TOWN HALL
BERKSHIRE COUNTY, MASSACHUSETTS
WARRANT SPECIAL TOWN MEETING
GREETINGS:
In the name of the Commonwealth of Massachusetts you are hereby required and directed to notify and warn the inhabitants of the Town of Dalton, qualified by law to vote in the Elections and Town Affairs, to meet in the:
NESSACUS REGIONAL MIDDLE SCHOOL
MONDAY, JUNE 26, 2017 AT 7:00 P.M.
Then and there to act on the following articles:
ARTICLE 1. To see if the Town will vote to appropriate and or transfer from available funds a
Sum of money for the costs related to the Fiscal Year 2018 annual element of the
Capital Improvement Program; or to take any other action in relation thereto.
TWO-THIRDS VOTE REQUIRED
ARTICLE 2. To see if the Town will vote to appropriate a sum of money for the Fiscal Year 2018 Capital Improvement Program; including borrowing costs associated with said program and all other costs incidental or related thereto; that to meet this appropriation the Treasurer with the approval of the Select Board is authorized to borrow said sum under G.L. c.44, §7 or any other enabling authority and that the Select Board is authorized to take any other action necessary to carry out this project; and further, that any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with G.L. c.44, §20, thereby reducing by a like amount the amount authorized to be borrowed to pay such costs; or to take any other action in relation thereto.
TWO-THIRDS VOTE REQUIRED
ARTICLE 3. To see if the Town will vote to appropriate or transfer from available funds, or transfer any amounts previously appropriated to any other use authorized by law, a sum or sums of money to fund additional expenses in Fiscal Year 2016 in various departments; or take any other action in relation thereto.
ARTICLE 4. To see if the Town will vote to amend the vote taken under Article 7 at the Annual Town Meeting on May 1, 2017, to increase or reduce the sums of money raised and appropriated for several departments for the fiscal year beginning July 1, 2017; or to take any other action in relation thereto.
ARTICLE 5. To see if the Town will vote to transfer and/or appropriate from the Sewer Stabilization Fund, a sum of money to pay the City of Pittsfield for the additional costs of sewage treatment in the 2016 Fiscal Year; or to take any other action in relation thereto.
TWO-THIRDS VOTE REQUIRED
ARTICLE 6. To see if the Town will vote to appropriate a sum of money from available funds,
to be reimbursed by a Grant from the Commonwealth of Massachusetts in accordance with Chapter 90 Section 34 of the Massachusetts General Laws; or to take any other action in relation thereto.
ARTICLE 7. To see if the Town will vote to authorize payment of unpaid bills of previous fiscal years pursuant to the requirements of Massachusetts General Laws Chapter 44, section 64; or to take any other action in relation thereto.
NINE-TENTHS VOTE REQUIRED
ARTICLE 8. To see if the Town will vote to authorize the Select Board to accept as a gift of land for general municipal purposes a parcel of land consisting of 1.364 acres, more or less, owned by Model Farm LLC, shown on Assessors Map 115, Lot 32 and as shown on a Plan of Land prepared by SK Design Group, Inc. dated April 7, 2017, and designated as Parcel A on said plan, a copy of which is on file in the office of the Town Clerk, and to authorize the Select Board to enter into all agreements and take all actions necessary or appropriate to carry out this acquisition, or to take any other action in relation thereto.
ARTICLE 9. To see if the Town will vote to rescind the unutilized balance of several prior years’ borrowing authorizations for completed capital improvement projects; or to take any other action in relation thereto.
ARTICLE 10. To see if the Town will vote to amend Chapter 296 of the Code of the Town of Dalton by rescinding §296-1, minimum personal property tax bill; or to take any other action in relation thereto.
ARTICLE 11. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 59, Section 5K which authorizes the Select Board to establish a program to allow persons over the age of 60 to volunteer to provide services to the Town; and in exchange for such services, the Town shall reduce the real property tax obligations of such persons, and further to amend Chapter 296 of the Code of the Town of Dalton, §296-2, to read, “The Town has established a Property Tax Work-off Program for persons over the age of 60, pursuant to MGL c. 59, §57K.” ; or to take any other action in relation thereto.
ARTICLE 12. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 59, Section 57A which makes property tax bills of $100 or less payable in a single installment, beginning in fiscal year 2018, and further to amend Chapter 296 of the Code of the Town of Dalton, §296-3, to read, “Pursuant to the Town’s acceptance of MGL c.59, § 57A, relating to property tax bills of $100 or less, the same shall be payable in a single payment, beginning in Fiscal year 2018. ; or to take any other action in relation thereto.
ARTICLE 13. To see if the Town will vote to amend the Town of Dalton’s Zoning Bylaw by adding a new Section § 350-22.1, “Temporary Moratorium on Recreational Marijuana Establishments”, that would provide as follows, and further to amend the Table of Contents to add Section § 350-22.1, “Temporary Moratorium on Recreational Marijuana Establishments:”
A. Purpose. On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016; Chapter 351 of the Acts of 2016) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses on April 1, 2018. Currently under the Zoning Bylaw, a non-medical Marijuana Establishment (hereinafter, a “Recreational Marijuana Establishment”), as defined in G.L. c. 94G, §1, is not specifically addressed in the Bylaw. Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreational Marijuana Establishments. The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments. The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner.
B. Definition. "Recreational Marijuana Establishment" shall mean a “marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.”
C. Temporary Moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana. The moratorium shall be in effect through June 30, 2018 or until such time as the Town adopts Zoning Bylaw amendments that regulate Recreational Marijuana Establishments, whichever occurs earlier. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning Bylaws in response to these new issues.
Or take any action relative thereto.
TWO-THIRDS VOTE REQUIRED
THE FOLLOWING ARTICLE WAS SUBMITTED BY A PETITION OF 102 REGISTERED VOTERS. A MINIMUM OF 100 SIGNATURES ARE REQUIRED TO BRING A PETITION TO A SPECIAL TOWN MEETING. THE ARTICLE MUST BE PRESENTED EXACTLY AS WRITTEN.
ARTICLE 15. Thin Film Plastic Bag Reduction Bylaw
1. Findings and Intent
WHEREAS, the Town of Dalton has a duty to protect the natural environment, the economy, and the health of its citizens; and
WHEREAS, thin film plastic bags are made from fossil fuels; and
WHEREAS, when littered in our streets and roadways, parks, public spaces, forests, and local waterways, thin film plastic bags are an aesthetic nuisance and can end up clogging storm drainage systems and accumulating In wastewater systems and incurring a cleanup expense; and
WHEREAS, littered thin film plastic bags can contribute to the Injury and death of terrestrial and marine wildlife; and
WHEREAS, littered thin film plastic bags degrade into micro-particles and can enter the food chain, with potentially negative ecological and health impacts; and
WHEREAS, studies have shown that even "compostable" or "biodegradable" thin film plastic bags require very specific and controlled conditions in order to biodegrade, and have potentially negative environmental effects similar to conventional thin film plastic bags; and
WHEREAS, reusable shopping bags are readily available from a wide variety of sources and vendors; and
WHEREAS, six Berkshire communities, and hundreds of others across the country have acted, or are in the process of acting, to reduce the use of thin film plastic bags; and
WHEREAS, the Town wishes to promote its reputation as an environmentally friendly community;
NOW THEREFORE, the Town of Dalton hereby enacts the following bylaw to protect the Town's unique natural beauty and irreplaceable natural resources by reducing the number of single-use, thin film plastic check-out bags that are distributed in the Town of Dalton and to promote the use of reusable bags.
2. Definitions
"Check-out bags" means bags provided by a store to a customer at the point of sale or other point of departure for the purpose of transporting food or merchandise from the establishment. Check-out bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store.
"Thin film plastic bags" means bags typically with handles, constructed of high-density polyethylene (HOPE), low density polyethylene (LDPE), linear low density polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate (PET), or polypropylene (other than woven and non-woven polypropylene fabric), if said film is less than 4.0 mils in thickness.
"Establishment" means any operation that provides goods, including food and/or beverages, and/or services directly to consumers, with or without charge; sporadic, temporary, part- or full-time; commercial, non-profit, religious, educational, foundation-related, or governmental; whether on private, public, religious, or school property. Examples include, without limitation, grocery stores, pharmacies, liquor stores, convenience stores, restaurants, retail stores, farmers' markets, school or church fund-raising activities, or other events.
"Reusable bags" means bags that (1) are specifically designed and manufactured for multiple reuse; (2) can comfortably carry 25 pounds over a distance of 300 feet; (3) can be readily washed; and, (4) if plastic, are more than 4 mils thick.
"Recyclable paper bags" means paper bags, with or without handles, that have printing on the bag stating that they are one hundred percent (100%) recyclable.
3. Use Regulations
a) No establishment shall make available any thin film plastic check-out bags, with or without a fee.
b) Nothing in this bylaw prohibits customers from using bags or other containers of any type that they bring to establishments.
c) Establishments shall be permitted to make available to customers as check-out bags only reusable bags or recyclable paper bags as provided in this bylaw, or cardboard boxes, with or without charge.
d) This bylaw does not prevent establishments from selling to customers various types of plastic bags sold in packages containing multiple bags intended for personal use.
4. Enforcement, Violations, and Penalties
a) The Dalton Board of Health or its designee shall establish and update rules and regulations to implement this bylaw and shall have the authority to enforce it by:
1) inspection and investigation when it deems appropriate or in response to citizen complaints;
2) the issuance of violation notices and administrative orders; and/or
3) civil court actions.
b) Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations may be penalized by a non-criminal disposition process as provided in MGL c. 40, §21D. Each day of violation, after written notice, is a separate violation.
c) The following penalties shall apply:
1) First offense: warning
2) Second offense: $50
3) Third offense: $100
4) Fourth and subsequent offense: $200
d) The Dalton Board of Health or its designee may suspend, revoke, or deny any license or permit under its jurisdiction for repeat and flagrant violations of this bylaw.
5. Severability
Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of this bylaw and all other bylaws shall continue in full force.
6. Effective Date
The bylaw shall take effect twelve (12) months after its adoption.
And you are directed to serve this Warrant by posting a minimum of five attested copies thereof as required by the Bylaws of said Town, fourteen days at least before the time of holding said meetings.
Hereof, fail not, and make due returns of this Warrant with your doings thereon to the Town Clerk at the time and place of holding meetings as aforesaid.
Given under our hands and seal this____ day of June, 2017.
A true copy. ATTEST: _____________________________
Deborah J, Merry TOWN CLERK
SIGNED:_____________________________ ______________________________
Robert W. Bishop, Jr., Chairman Marc E. Strout, Vice-Chair
_____________________________ ______________________________ John W. Bartels, Jr, John F. Boyle
______________________________
Edward P. Holub
SELECT BOARD
By virtue of the within Warrant, I have served the same by posting at a minimum of five public places attested copies thereof as the Bylaws of the Town direct, fourteen days at least before the time of holding said meeting.
_____________________________ DATE:__________________________
CONSTABLE
POSTED: Dewey’s Public House, Dalton Restaurant, Greenridge Variety Convenience, Dalton General Store, U.S. Post Office, Berkshire Organics, Town Hall Bulletin Board
584072/DALT/0001 |