Canton, Massachusetts · Saved source text
Canton Town Meeting — 2002 ATM
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YOU ARE INVITED
Please attend the upcoming Annual Town Meeting to be held on Monday, April 29,
2002 beginning @ 7:30 P.M. The meetings will be held at Morse Auditorium,
located at Canton High School, Building “B”, 900 Washington Street. The meetings
will run on Monday and Wednesday evenings until all municipal and school
business has been concluded. The 58 topics of discussion are randomly selected by
lottery. Additional information will be mailed directly to each household in town
approximately two weeks prior to the start of the meeting. This information will be
titled the Report and Recommendations of the Finance Committee.
There are a wide variety of important issues to be decided including annual
operating/capital budgets, zoning, government structure, land acquisitions, school
business, anti-smoking regulations and others. Please also review the “Warrant
Article” listing attached. This warrant listing is the basis for all subject matter to be
acted on at Town Meeting
Hope to see you there!
Sincerely,
Avril T. Elkort John J. Connolly George F. Jenkins, Jr.
Chairman Vice-Chairman Clerk
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Commonwealth of Massachusetts
Norfolk, ss
To the Constables of the Town of Canton,
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify
and warn the inhabitants of the Town of Canton to meet in the Morse Auditorium,
Building B, Canton High School on Washington Street in said town on
MONDAY THE TWENTY-NINTH DAY
OF APRIL, 2002
at half past seven o'clock in the evening for the annual town meeting at which time and
place the following articles are to be acted upon:
Article 1 To elect a Moderator to preside at this Town Meeting and to serve until the Annual Town
Meeting in 2003, or to take any other action in relation thereto.
Article 2. To see if the town will vote to adopt certain procedures to govern the conduct of the
2002 annual town meeting, or to take any other action in relation thereto.
Article 3. To hear the reports of all committees appointed at previous town meetings and which
have not yet been discharged, or to take any other action in relation thereto.
Article 4 To see if the town will vote to dispose of certain articles in this warrant by a single vote,
in accordance with a, so-called, consent agenda, or to take any other action in relation thereto.
Board of Selectmen
Article 5 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to properly commemorate Memorial Day and to honor the brave men and women who
have given the last full measure of devotion in the service of this nation, and in 2002, to make a special
remembrance of the thousands of innocent people who perished at the World Trade Center and especially
to honor the public servants of New York city and New York state, in particular the more than three
hundred fire fighters who perished in the performance of their duty, or, to take any other action in relation
thereto.
Donald Mac Dougall, 98 Walnut Street and other voters
Article 6 To see if the town will vote, in accordance with the provisions of section one hundred
and eight of chapter forty-one (MGL chapter 41, §108) to fix the salary and compensation of all elected
officers of the town, or to take any other action in relation thereto.
Board of Selectmen
Article 7 To see if the town will vote to appropriate from any available funds any sum or sums of
money to pay any unpaid bills of any prior fiscal year, or to take any other action in relation thereto.
Board of Selectmen
Article 8 To see if the town will vote, in accordance with the provisions of section twelve (b) of
chapter thirty B, [MGL chapter 30B, §12(b)], to authorize the finance director (in his capacity as chief
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procurement officer) to solicit and award contracts for terms of more than three years, provided in each
such instance the longer term is determined to be in the best interest of the town by a vote of the board of
selectmen, or to take any other action in relation thereto.
Board of Selectmen
Article 9 To see if the town will vote, pursuant to the provisions of section fifty-three E and one
half of chapter forty-four (MGL chapter 44, §53E½), to authorize the use by any municipal agency of any
revolving funds which shall be accounted for separately and to which shall be credited departmental
receipts received in connection with programs supported by such revolving funds, or to take any other
action in relation thereto.
Conservation Commission, Beautification Committee, School Committee, Veterans Services Director
Article 10 To see if the town will vote to raise and appropriate, by borrowing or otherwise, (the sum
of $35,000) (a sum of money sufficient) to repair and renovate the statue of the Civil War Soldier which
stood for many years on a pedestal in front of Memorial Hall and which has following its restoration from
damage caused by vandals has been located inside the front lobby of Memorial Hall or to make some other
disposition of the staid statue, or, to take any other action in relation thereto.
Board of Selectmen
Article 11 To see if the town will vote, in accordance with the provisions of section seven of
chapter one hundred fifty E (MGL chapter 150E, §7), to raise and appropriate, by borrowing or otherwise,
a sum of money for the purpose of funding any cost items contained in any collective bargaining
agreements entered into by the school committee, on behalf of the town, group of employees, or, groups of
employees, serving under its jurisdiction, and to raise and appropriate, by borrowing or otherwise, such
sums of money as may be necessary to fund contracts for personal services with any individual employees,
or to take any other action in relation thereto.
School Committee
Article 12 To see if the town will vote, in accordance with the provisions of section seven of
chapter one hundred fifty E (MGL chapter 150E, §7) to raise and appropriate, by borrowing or otherwise, a
sum of money for the purpose of funding any cost items contained in any collective bargaining agreements
entered into by the board of selectmen, on behalf of the town, with any group of employees, or, groups of
employees, serving under its jurisdiction, and to raise and appropriate, by borrowing or otherwise, such
sums of money as may be necessary to fund contracts for personal services with any individual employee,
or to take any other action in relation thereto.
Board of Selectmen
Article 13 To see if the town will vote to appropriate from any available funds, or to transfer from
one line item to another, any sum or sums of money for the purpose of supplementing appropriations made
for the fiscal year beginning on July 1, 2001 and ending on June 30, 2002 under article 50 of the warrant
for the 2001 annual town meeting, or otherwise:
To appropriate, by transfer from free cash reserve, the sum of $100,000 to line item 41319002-
52101 in the appropriation made for the school department for the purpose of meeting increased
energy costs in the public schools
To appropriate, by transfer from additional lottery aid (Fund #176), the sum of $10,000 to line
item 43009002-52400 in the appropriation made for the school department said additional
appropriation to be for the purpose of meeting the increased costs and expenses incurred by the
school department by reason of the heightened security arising out of the events of 9/11/01.
or to take any other action in relation thereto.
School Committee
Article 14 To see if the town will vote to appropriate from any available funds, or to transfer from
one line item to another, any sum or sums of money for the purpose of supplementing appropriations made
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for the fiscal year beginning on July 1, 2001 and ending on June 30, 2002 under article 50 of the warrant
for the 2001 annual town meeting, or otherwise:
1. To appropriate, by transfer from Youth Services (Dept #542), the sum of $4,700 to
Recreation (Dept. #630).
2. To appropriate, by transfer from Debt Service (Dept. # 710), the sum of $275,000 to
Health Insurance (Dept. #914).
3. To appropriate, by transfer from Sewer Surplus, the sum of $70,000 to Sewer Debt
Service (#56002-59121)
4. To appropriate, by transfer from additional Lottery Aid (Fund 176) the sum of $53,821,
$27,517 to Police Department (Dept #210) and $26,304 to Fire Department (Dept # 220)
or to take any other action in relation thereto.
Board of Selectmen
Article 15 To see if the town will vote to transfer the unexpended balance of certain appropriations
made under various articles in the warrant for prior town meetings, as follows:
1. To transfer from Ambulance Fund (#170) the sum of $17,688.50 to repay the general
fund for a fiscal 2002 reserve fund transfer for Fire Department Equipment.
2. To transfer from the Sewer Extension Project (#56060) the sum of $140,000, $80,000 to
be credited to the sewer pumping station project (#56130) and $60,000 to be credited to
the Algonquin Road sewer project (#56201).
or to take any other action in relation thereto.
Board of Selectmen
Article 16 To see if the town will vote to raise and appropriate, or to transfer from available funds,
or to authorize the town treasurer with the approval of the board of selectmen, to borrow (and to issue
bonds or notes therefor) any sum or sums of money, or by any combination of these methods of financing
as may be necessary or desirable, make available funds for the purpose of purchasing, leasing, re-
conditioning, improving or replacing any motor vehicles or other items of equipment or machinery or other
items of personal property for any town agency, or for the purpose of contracting for any service, or for the
design, repair, acquisition, construction, replacement or relocation or improvement to any town building or
other structure, public works facility (including highway needs and traffic safety items), any other town
owned facility or real property, or for any other purposes for which borrowing may be authorized, to
purchase, or to take by eminent domain, any land or easements necessary for any such purposes and, where
applicable, to authorize the trade-in of any presently owned motor vehicles, equipment or machinery to
reduce the purchase or acquisition cost of any item to be acquired, or to take any other action in relation
thereto.
Board of Selectmen/Capital Outlay Committee, School Committee, Library trustees
Article 17 To see what action the town will take after hearing the report of the board of trustees of
the public library and the building renovations committee concerning the plans to renovate and enlarge the
public library building, including to see if the town will vote to authorize an increase in the gross amount
which may be expended and which may be borrowed by the town and to see what other, if any, guidance
and direction the town will give to the library board and the buildings renovation committee concerning
renovations and new construction or, to take any other action in relation thereto.
Board of Trustees of the Public Library
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Article 18 To see what action the town will take after hearing the report of the school committee
and the building renovations committee concerning the plans to renovate, enlarge and add to the present
high school building complex, including to see if the town will vote to increase the gross amount of money
which may be expended and which may be borrowed by the town for the purpose of improving, renovating
and adding to the high school complex and to see what other, if any, guidance and direction the town will
give to the school committee and the buildings renovation committee concerning renovations and new
construction or, to take any other action in relation thereto.
School Committee
Article 19 To see what action the town will take after hearing the report of the board of selectmen
and the building renovations committee concerning the plans to renovate and enlarge and to add to the
former Eliot School Building for the purposes of a police station and to renovate and enlarge and add to the
present public safety facility for the purposes of a fire station, including to see if the town will vote to
increase the gross amount of money which may be expended and which may be borrowed by the town for
the purpose of improving, renovating and adding to the Eliot School and to the existing public safety
facility and to see what other, if any, guidance and direction the town will give to the board of selectmen
and the buildings renovation committee concerning renovations and new construction or, to take any other
action in relation thereto.
Board of Selectmen
Article 20 To see if the town will vote to raise and appropriate, by borrowing or otherwise, the sum
of thirty-nine thousand dollars ($39,000), said sum to be expended under the direction of the school
committee, for the purpose of hiring additional staff to serve as tutors for, so-called, at risk students, said
appropriation to be in addition and supplementary to the funds appropriated for the use of the school
committee under article 00 of the warrant for this town meeting for the fiscal year extending from July 1,
2002 to June 30, 2003, or to take any other action in relation thereto.
School Committee
Article 21 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient for the purpose of making roadway improvements along Washington Street at the
intersections of Dedham Street and Pleasant Street, substantially as follows:
1. Widen Washington Street and Dedham Street to the minimum town roadway design standards.
a. Widen Dedham Street to provide three lanes within an approximately 37 foot
wide cross section, allowing one lane for turning left and one lane for turning lane
right onto Washington Street and one receiving lane.
b. Widen Washington Street to provide four lanes within an approximate 48 foot
cross section. The widening will provide for two northbound and two southbound lanes.
The two northbound lanes will consist of one through lane and one Dedham Street bound
left turning lane. The two southbound lanes will consist of one through lane and one
Dedham Street bound right turning lane.
2. Install a traffic signal at the Washington Street/Pleasant Street intersection and coordinate it with
the existing signal at the Dedham Street/Washington Street Intersection.
or, to take any other action in relation thereto.
Planning Board
Article 22 To see if the town will vote to amend the Zoning By-Law as most recently amended to
permit enforcement by the, so-called, non-criminal system of enforcement as provided in chapter forty,
section twenty-one D of the General Laws, in substantially the following manner:
by striking out the last paragraph of section 1.12 (Enforcement) and substituting the
following in its place;
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This by-law may be enforced by criminal complaint brought in the district court in the
manner provided in section twenty-one of chapter forty of the General Laws. The
penalty to apply when an infraction is so prosecuted shall be, in each such case, as
determined to be appropriate by the court within the limits established by law.
This by-law may, in addition, be enforced through the non-criminal complaint
procedure provided in section twenty-one D of chapter forty of the General Laws. The
building inspector, and any local inspector designated by the building inspector, shall
be enforcing agents for the purpose of non-criminal enforcement of the zoning by-law.
The penalty to be imposed for each violation of any provision of this by-law shall be
one hundred dollars. Each day on which a violation exists shall be deemed a separate
offense.
or to take any other action in relation thereto
Board of Selectmen
Article 23 To see if the town will vote to amend the general by-laws, as most recently amended, by
inserting into Article X, Duties of Town Officers, a new section 4 to establish, formally, as the building
committee, the committee which has existed, has operated and has performed certain functions under votes
of the town meeting beginning in 1992, the new section to be, substantially, as follows:
SECTION 4: - Building Renovations Committee
(a) Composition, Mode of Selection, Term of Office, Vacancies - There shall be a
permanent building renovations committee responsible for design review and
construction of public buildings, additions to public buildings, renovations and repairs
to public buildings and other facilities and such other projects as may be assigned to
such committee by vote of the town meeting.
The building renovations committee shall consist of twelve members selected as
follows: six members shall be appointed by the town moderator, for terms of three
years so arranged that the term of two shall expire each year, one person to be
designated by the board of selectmen, one person to be designated by the school
committee, one person to be designated by the board of trustees of the public library,
one person to be designated by the commission on disabilities and one person to be
designated by the capital outlay and planning committee, (such persons may, but need
not, be members of the multiple member body by which they are designated) and who
shall be designated by the respective multiple member bodies annually; the Finance
Director shall serve by virtue of office as a member of the committee either personally
or by designating a deputy to attend meetings. The appointing authority as provided in
this paragraph shall forthwith, fill any vacancy, which occurs in the membership of the
committee.
The building renovations committee may appoint not more than three persons to
represent the interests of the users of any facility being constructed, remodeled or
renovated to serve as advisors to the building renovations committee during the period
of such construction, repair or renovation. Such persons may participate in the
discussions of the building renovations committee, but shall have no power to vote.
(b) Powers and Duties - The building renovations committee shall be responsible for
the supervision of all building and or facilities related projects, which are approved and
or funded by any motion under any article at a town meeting.
The building renovations committee shall be responsible for the assignment of all town
meeting approved design and or construction projects, (and whether termed
construction, reconstruction, remodeling, renovation, repair, or otherwise), the building
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committee shall be responsible for soliciting, reviewing, negotiating and awarding all
contracts for the design and or the construction of buildings or other facilities, it shall
be responsible for the supervision of all periodic design review, construction
management and construction work in progress. The committee may delegate the
periodic design review responsibility and or the construction management
responsibility and or the day-to-day construction administration responsibility to an
employee (e.g. a clerk of the works) and or consultant(s) and or it may assign such
responsibility to one or more members acting as a sub-committee of the full committee.
The building renovation committee may, with the approval of the board of selectmen,
call upon any town agency or their employees for assistance, as it may deem to be
necessary and or desirable in the furtherance of its responsibilities.
The building renovations committee shall be the approving agency for payment of all
invoices submitted in connection with construction and design of projects assigned to
it. The building renovations committee may delegate its approval responsibility of
individual invoices to its chair, or to the chair of a sub-committee established for a
particular project
The building renovations committee shall be responsible for review and approval of
change orders for projects under the committee's responsibility. The building
renovations committee may delegate its approval responsibility of individual change
orders to its chair, or to the chair of a sub-committee established for a particular project
Any such change orders must be formally approved at the next regularly scheduled
meeting of the committee, such vote shall identify the source of funding.
The building renovations committee shall be responsible to review and approve all
preliminary and or final design plans to ensure such documents are in compliance with
the program specifications and or scope of work requirement(s) of the sponsoring
agency, and which will become the basis for developing preliminary cost estimates and
or final bid solicitations. The committee shall be authorized to engage such structural
engineering and or other consultants' effort as may be necessary to carry out its design
review related responsibilities, the funding for such effort shall be included in the town
meeting approved funding for such project.
The building renovations committee shall, with the approval of the board of selectmen,
be authorized to engage construction management effort as may be necessary to carry
out its construction management-related responsibilities, the funding for such effort
shall be included in the town meeting approved funding for such project.
The building renovations committee shall, with the approval of the board of selectmen,
be authorized to engage construction administration effort as may be necessary to carry
out its construction administration related responsibilities, the funding for such effort
shall be included in the town meeting approved funding for such project.
The building renovations committee shall have the authority to transfer unspent funds
from a completed project to an incomplete project with insufficiencies, provided
however funds are available as verified by the Finance Director , and that such transfers
will not result in a change in the scope of work approved by the town meeting.
The building renovations committee shall file, at least annually, a report listing all
projects under the jurisdiction of the committee and the status of the work.
Notwithstanding any report which may be prepared for publication in the annual town
report, the report required by this paragraph shall be based on a fiscal, not a calendar,
year.
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or, to take any other action in relation thereto.
Building Renovations Committee, Capital Outlay and Planning Committee
Article 24 To see if the town will vote to amend the general by-laws, as most recently amended, by
deleting the provisions of section 1 of Article XVI in its entirety, or to take any other action in relation
thereto
Board of Selectmen, School Committee, Human Resources Administrator
Article 25 To see if the town will vote to amend the general by-laws, as most recently amended, by
deleting the provisions of sub-section 10 of section 39 of Article XIV in its entirety, and substituting a new
schedule of fines and penalties substantially as follows:
a. Failure to License a Dog in a timely manner $ 25.
b. Violations of the Leash Law
1st Offense $ 25.
2nd Offense within 12 months of first $ 50.
3rd Offense within 12 months of first $ 75.
4th Offense within 12 months of first $100.
All subsequent, within 12 months of first $100.
c. Dog Bite – The Animal Control Officer must make a judgment as to
the severity and the provocation of the bite to
determine the processing and procedure for this
violation.
1st Offense $ 25.
2nd Offense $ 50.
3rd and all subsequent offenses $100.
d. Dog found in School Yard, in addition to Section X, B $ 25.
d. Nuisance complaints, including, but not limited to,
barking, littering, defecating or micturating on
sidewalks or private property.
1st Offense $ 25.
2nd Offense, within 12 months of first $ 50.
All subsequent occurrences of same violation
occurring within 12 months of the first. $ 50.
e. Failure to comply with an order of restraint issued in
accordance with MGL chapter 140, section 168 $ 50.
or to take any other action in relation thereto
Board of Selectmen, Animal Control Officer
Article 26 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to enable the department of public works to provide for the construction of sidewalks on
one side of Blackman Road from its origin at the junction of Randolph and Old Randolph Streets to its
terminus a distance of approximately 1400 feet, and to purchase, or to take by eminent domain, land or
easements necessary therefor, or to take any other action in relation thereto
Robert Cocchi, 2 Robinwood Drive and other voters
Article 27 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to enable the department of public works to provide for the installation of a sanitary
sewer in Tracywood Road begin beginning at its present terminus (opposite the lot at 2 Tracywood Road)
to service the houses at # 3, 5, 6, 7, 8, 9, and 10, a distance of approximately seven hundred feet, or, to take
any other action in relation thereto.
Carl Sawtelle, 9 Tracywood Road and other voters
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Article 28 To see if the town will vote to petition the General Court, pursuant to section eight of
Article 89 of the amendments to the state Constitution and Chapter 43B of the Massachusetts General
Laws, to enact a special law providing for a change in the composition of the board of selectmen and the
powers and duties of such board and to create the position of town administrator, such special law to be
subject to approval by a majority vote at the first town election held following its enactment. Said special
act to be in the form contained in a draft of proposed legislation copies of which have been placed on file
and are available for public review at the office of the town clerk and the office of the board of selectmen
in Memorial Hall, at the research desk at the Canton Public Library and, the Town Web Site, provided
however the General Court may make such alterations in such proposed legislation as it may deem to be
within the scope of this vote, or to take any other action in relation thereto
Carl Lavin, 72 Fuller Street and other voters
Draft File Copy
PROPOSED SPECIAL LAW PROVIDING FOR A TOWN
ADMINISTRATOR PLAN OF GOVERNMENT
FOR THE TOWN OF CANTON
SECTION 1: The ‘existing charter’ of the town of Canton is hereby amended by striking out section 3-1 in
its entirety and substituting a new section 3-1, as follows:
SECTION 3-1: BOARD OF SELECTMEN
(a) Composition, Term of Office - There shall be a board of selectmen consisting of
five members elected for terms of three years each, so arranged that the term of office of
as nearly an equal number of members as is possible shall expire each year.
(b) Powers and Duties, in General - The executive powers of the town shall be vested
in the board of selectmen which shall be deemed to be the chief executive office of the
town. The board of selectmen shall have all of the executive powers it is possible for a
board of selectmen to have and to exercise. The board of selectmen shall serve as the
chief policy making agency of the town. The board of selectmen shall be responsible for
the formulation and promulgation of policy directives and guidelines to be followed by
all town agencies serving under it and, in conjunction with other elected town officers
and multiple member bodies, the development and promulgation of policy guidelines
designed to bring all town agencies into harmony; provided, however, that nothing in this
section shall be construed to authorize any member of the board of selectmen, nor a
majority of such members, to become involved in the day-to-day administration of any
town agency. It is the intention of this provision that the board of selectmen shall act only
through the adoption of broad policy guidelines that are to be implemented by officers
and employees serving under it.
(c) Licensing Authority - The board of selectmen shall be the licensing board for the
town and shall have a power to issue licenses as provided in MGL chapter one hundred
and thirty-eight and in chapter one hundred and forty, and otherwise and it shall have the
power and authority to promulgate rules and regulations governing the issuance of such
licenses and the manner in which such licenses are to be exercised. The board of
selectmen may attach conditions and may impose restrictions on any such license as it
may issue as it deems to be in the public interest, and it shall be empowered to enforce all
laws relating to all businesses for which it issues any licenses.
(d) Appointment - The board of selectmen shall appoint a town administrator,
constables, the members of the board of appeals, the registers of voters (but not the town
clerk) and other election officers, and other members of multiple member bodies the
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functions of which do not involve direct operating responsibilities, but, are primarily
policy making or advisory in nature, and all individuals who are to serve as
representatives or delegates of the town to the governing or advisory boards of regional
or district authorities.
(e) Investigations -The board of selectmen may make investigations and may authorize
the town administrator to investigate the affairs of the town and the conduct of any town
agency including any doubtful claims against the town. The report of the results of such
investigation shall be placed on file in the office of the board of selectmen and a report
summarizing the results of such investigation shall he printed in the next annual town
report.
SECTION 2: The ‘existing charter’ of the town of Canton is hereby amended by
inserting after the existing Article 3 a new article 3A, as follows:
Article 3A
Town Administrator
SECTION 3A-1: APPOINTMENT; QUALIFICATION; TERM
The board of selectmen shall appoint a town administrator from a list prepared by a
screening committee established by by-law. The board of selectmen shall appoint the
town administrator to serve for an indefinite term and shall fix the compensation for such
person, annually, within the amount appropriated by the town. The town administrator
shall be appointed solely on the basis of demonstrated executive and administrative
qualifications. The town administrator shall be a person especially fitted by education,
training and previous experience in public administration to perform the duties of the
office. A town administrator need not be a resident of the town or of the commonwealth
at the time of appointment, nor at any time during the period of such service. The town
administrator shall not have served in an elective office in the town government for at
least twelve months prior to appointment. The town may from time to time establish, by
by-law, such additional qualifications as seem necessary and appropriate.
The town administrator shall devote full time to the office and shall not hold any other
public office, elective or appointive, nor engage in any other business or occupation
during such service, unless such action is approved in advance and in writing by the
board of selectmen.
The board of selectmen shall provide for an annual review of the job performance of the
town administrator. This evaluation shall, at least in summary form, he a public record.
Any vacancy in the office of the town administrator shall be filled as soon as possible by
the board of selectmen, and meanwhile it shall appoint a qualified town administrative
officer or employee to serve as temporary town administrator to perform the duties of the
office. Such temporary appointment may not exceed three months but one renewal may
be voted by the board of selectmen not to exceed a second three months. Compensation
for such person shall be set by the board of selectmen.
SECTION 3A-2: POWERS AND DUTIES
The town administrator shall be the chief administrative officer of the town, directly
responsible to the board of selectmen for the administration of all town affairs for which
the office of town administrator is given responsibility by or under this charter. The
powers and duties of the town administrator shall include, but are not intended to be
limited to, the following:
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(a) To supervise, direct and be responsible for the efficient administration of all
functions and activities for which the office of town administrator is given authority,
responsibility or control by the “existing town charter”, by by-law, by town meeting vote,
by vote of the board of selectmen, or otherwise.
(b) To appoint, and in appropriate circumstances to remove, subject to the
provisions of the civil service law and of any collective bargaining agreements as may be
applicable, all department heads, officers, members of boards and commissions and
employees for whom no other method of selection is provided by the “existing town
charter”, by by-law, by town meeting vote, by vote of the board of selectmen, or
otherwise. Such appointments shall become effective on the fifteenth day following the
day on which notice of the appointment is filed with the board of selectmen, unless the
board of selectmen shall within that period by a majority of all of its members vote to
reject such appointment, or has sooner voted to affirm it. Copies of the notices of all such
appointments shall be posted on the town bulletin board when submitted to the board of
selectmen.
(c) To be entrusted with the administration of a town personnel system,
including, but not limited to personnel policies and practices, rules and regulations,
including provisions for an annual employee performance review, personnel bylaw and
collective bargaining agreements entered into by the town. The town administrator shall
also prepare and keep current a plan establishing the personnel staffing requirements for
each town agency, except the school department.
(d) To attend all regular and special meetings of the board of selectmen, unless
unavailable for reasonable cause, and shall have a voice, but no vote, in all of its
proceedings.
(e) To assure that full and complete records of the financial and administrative
activities of the town are kept and to render as often as may be required by the board of
selectmen, but not less than once in each year, a full report of all town administrative
operations during the period reported on, which report shall be made available to the
public.
(f) To keep the board of selectmen fully advised as to the needs of the town and
shall recommend to the board of selectmen and to other elected town officers and
agencies for adoption such measures requiring action by them or by the town meeting as
the town administrator may deem necessary or expedient.
(g) To have full jurisdiction over the rental and use of all town facilities and
property except school property and property under the control of the conservation
commission. The town administrator shall be responsible for the maintenance and repair
of all town buildings and facilities placed under the town administrator's control by the
“existing charter”, by by-law, by vote of the town or otherwise.
(h) The town administrator shall prepare and present, in the manner provided in
the “existing town charter”, by by-law, by town meeting vote, by vote of the board of
selectmen, or otherwise, an annual operating budget for the town and a proposed capital
outlay program for the five fiscal years next ensuing.
(i) To assure that a full and complete inventory of all property of the town, both
real and personal, is kept, including all property under the jurisdiction of the school
committee.
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03/12/02 12
(j) To negotiate all contracts involving any subject within the jurisdiction of the
office of town administrator, including contracts with town employees, except employees
of the school department, involving wages, hours and other terms and conditions of
employment.
(k) To be responsible for purchasing all supplies, material and equipment for all
departments and activities of the town, but not including food for schools, school books
and other instructional material, supplies and equipment, unless otherwise specifically
requested by the school committee. The town administrator shall examine, or cause to be
examined, the quantity, quality and condition of all supplies, material and equipment
delivered to or received by any town agency, except schools. The town administrator
shall be responsible for the disposal of all supplies, material and equipment which have
been declared surplus by any town agency.
(1) To see that all of the provisions of the general laws, of the “existing charter”,
town bylaws and other votes of the town meeting, and votes of the board of selectmen
which require enforcement by the town administrator or officers subject to the direction
and supervision of the town administrator are faithfully executed, performed or otherwise
carried out.
(m) To inquire, at any time, into the conduct of office or performance of duties
of any officer or employee, department, board, commission or other town agency.
(n) To attend all sessions of all town meetings and answer all questions raised
by voters which relate to warrant articles and to matters over which the town
administrator exercises any supervision.
(o) To reorganize, consolidate or abolish, in the manner provided in the
“existing town charter”, by by-law, by town meeting vote, by vote of the board of
selectmen, or otherwise, town agencies serving under the supervision of the town
administrator, in whole or in part, provide for new town agencies and provide for a
reassignment of powers, duties and responsibilities among such agencies so established
or existing.
(p) To coordinate the activities of all town agencies serving under the office of
town administrator and the office of board of selectmen with those under the control of
other officers and multiple member bodies elected directly by the voters. For this
purpose, the town administrator shall have authority to require the persons so elected, or
their representatives, to meet with the town administrator, at reasonable times, for the
purpose of effecting coordination and cooperation among all agencies of the town.
(q) To perform any other duties as are required to be performed by the town
administrator by by-laws, administrative code, votes of the town meeting, or votes of the
board of selectmen, or otherwise.
SECTION 3A-3: DELEGATION OF AUTHORITY
The town administrator may authorize any subordinate officer or employee to exercise
any power or perform any function or duty which is assigned to the office of town
administrator, provided, however, that all acts performed under any such delegation shall
at all times be deemed to be the acts of the town administrator.
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03/12/02 13
SECTION 3A-4: ACTING TOWN ADMINISTRATOR
(a) Temporary Absence - By letter filed with the town clerk, the town administrator shall
designate a qualified town administrative officer or employee to exercise the powers and
perform the duties of town administrator during a temporary absence. During a
temporary absence a board of selectmen may not revoke such designation until at least
ten working days have elapsed, whereupon it may appoint another qualified town
administrative officer or employee to serve until the town administrator shall return.
(b) Vacancy - Any vacancy in the office of town administrator shall be filled as soon as
possible by the board of selectmen, but, pending such regular appointment the board of
selectmen shall appoint a qualified town administrative officer or employee to perform
the duties of the office on an acting basis.
(c) Powers and Duties - The powers of temporary or acting town administrator, under (a)
and (b) above, shall be limited to matters not admitting of delay and shall include
authority to make temporary, emergency appointments or designations to town office or
employment but not to make permanent appointments or designations:
SECTION 3A-5: REMOVAL AND SUSPENSION
The board of selectmen may, by a majority vote of the full board, terminate and remove,
or suspend, the town administrator from office in accordance with the following
procedure.
(a) The board of selectmen shall adopt a preliminary resolution of removal by the
affirmative vote of a majority of all its members which must state the reason or reasons
for removal. This preliminary resolution may suspend the town administrator for a period
not to exceed forty-five days. A copy of the resolution shall be delivered to the town
administrator forthwith.
(b) Within five days after receipt of the preliminary resolution the town administrator
may request a public hearing by filing a written request for such hearing with the board
of selectmen. This hearing shall be held at a meeting of the board of selectmen not later
than thirty days after the request is filed nor earlier than twenty days. The town
administrator may file a written statement responding to the reasons stated in the
resolution of removal with the board of selectmen provided the same is received at its
office more than forty-eight hours in advance of the public hearing.
(c) The board of selectmen may adopt a final resolution of removal, which may be
made effective immediately, by the affirmative vote of a majority of all of its members
not less than ten or more than twenty-one days following the date of delivery of a copy of
the preliminary resolution to the town administrator, if the town administrator has not
requested a public hearing; or, within ten days following the close of the public hearing if
the town administrator has requested one. Failure to adopt a final resolution of removal
within the time periods as provided in this section shall nullify the preliminary resolution
of removal and the administrator shall, at the expiration of said time, forthwith resume
the duties of the office.
The town administrator shall continue to receive a salary until the effective date of a final
resolution of removal.
The action of the board of selectmen in suspending or removing the town administrator
shall be final, it being the intention of this provision to vest all authority and fix all
responsibility for such suspension or removal in the board of selectmen.
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03/12/02 14
SECTION 3: Transitional provisions
The charter amendments provided in this special act shall take effect in the following manner.
(a) A special election for the purpose of increasing the number of members of the board of selectmen from
three to five shall be held on the second Monday in June in the year in which the special act charter
amendment is adopted. Candidates shall be nominated and the election shall be conducted in the same
manner as for regular town elections. The candidate receiving the largest number of votes at said special
election shall serve for a term of office expiring at the third annual town election following the election at
which the special act charter amendment is adopted, the candidate receiving the second highest number of
votes at said special election shall serve for a term of office expiring at the second annual town election
following the election at which the special act charter amendment is adopted.
(b) Forthwith following the election at which this special act charter amendment is adopted a screening
committee shall be established for the purpose of soliciting, receiving and evaluating applications for the
position of town administrator.
The screening committee shall consist of seven persons who shall be chosen as follows: the board of
selectmen, the school committee, the planning board and the board of assessors shall each designate one
person, and three persons shall be chosen by the town moderator. Persons chosen by the said agencies may,
but need not, be members of the agency by which they are designated: Appointments made by the town
moderator shall be made last in time in order that in making appointments the moderator may, insofar as it
may be feasible so to do, appoint persons who will broaden the membership base of the committee to be
most representative of the demographic and occupational base of the town.
Not more than fourteen days following the election at which the special act charter amendment is adopted
the town clerk shall call and convene a meeting of the several persons chosen as aforesaid who shall meet
to organize and to plan a process to advertise the vacancy and to solicit by other means candidates for the
office. The committee shall proceed notwithstanding the failure of any town agency to designate its
representatives.
The screening committee shall review all applications that are received by it, screen all such applicants by
checking and verifying work records and other credentials, and provide for interviews to be conducted with
such number of candidates as it deems to be necessary, desirable or expedient.
Not more than ninety days following the date on which the committee meets to organize, the committee
shall submit to the board of selectmen the names of not less than three nor more than five persons whom it
believes to be best suited to perform the duties of the office of town administrator.
Within thirty days following the date the list of nominees is submitted to it the board of selectmen shall
choose one of the said nominees to serve as town administrator. In the event the board of selectmen shall
fail to make an appointment within the said thirty days the screening committee shall, forthwith, appoint
the town administrator.
Upon the appointment of a town administrator the committee established hereunder shall be considered
discharged.
Until such time as some other provision is made, by by-law, for another screening committee a committee
as above shall be established whenever the office of administrator shall become vacant, provided, however,
that in the third paragraph the phrase "thirty days following the town election" shall be understood to mean
"thirty days following the date such vacancy, or pending vacancy, becomes known".
(c) Until such time as the town meeting may act, by by-law, to establish different qualifications for the
office, the town administrator shall, in addition to the qualifications as stated in section 3A-1, have the
following specific qualifications, (a) have at least an earned bachelor's level degree from a recognized,
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03/12/02 15
accredited college or university, (b) have served full time as the chief administrative officer of a city or
town, under any title, for not less than two years.
(d) The position of executive secretary, established by a vote under article 56 of the warrant at the annual
town meeting in 1968 is hereby abolished upon the assumption of office by the first town administrator.
Provided, however, the incumbent of said office may be continued in town service for a period of up to an
additional ninety days for the purpose of providing transitional assistance to the first town administrator.
While it is the intention of this provision, and sub-section (b), above, that there be a widespread diligent
search for candidates for the office of town administrator and that the incumbent executive secretary not
automatically be continued in office as the town administrator, nothing contained in this document should
be construed to prevent the incumbent of said office from applying for or being considered as a qualified
candidate to fill such position.
(e) The powers of the town administrator shall take effect upon the assumption of office of the first person
to be appointed to that office.
SECTION 4: This act shall be submitted for acceptance to the registered voters of the town of Canton at
the town election next held following the passage of this act. The vote shall be taken by ballot in
accordance with the provisions of the General Laws, so far as the sane shall be applicable, in answer to the
following question which shall be placed upon the official ballot to be used in said town at said election:
-"Shall an act passed by the General Court in the year two thousand and two, entitled ‘PROPOSED
SPECIAL LAW PROVIDING FOR A TOWN ADMINISTRATOR PLAN OF GOVERNMENT FOR
THE TOWN OF CANTON’, be accepted?" If the majority of the votes cast on such question is in the
affirmative sections one, two and threeof this act shall take effect, but not otherwise.
SECTION 5: Section four of this act shall take effect upon the passage of this act. Sections one, two and
three of this act shall become effective immediately following the next town election in Canton if a
majority of the voters voting thereon at such election have voted in favor of its adoption.
Article 29 To see if the town will vote to authorize the board of selectmen to purchase or to take by
eminent domain such land and easements as may be necessary to enable the town to install underground
wiring in the center of the town, on Washington Street, from Sherman Street to Neponset Street and to
raise and appropriate, by borrowing or otherwise, a sum of money sufficient to resurface Washington
Street following such installation, all as shown on a plan of land entitled “Plan of Downtown Canton
showing installation of underground wiring” copies of which are on file in the office of the board of
selectmen and in the office of the town clerk at Memorial Hall, in the office of the planning board in the
(former) Eliot School Building and at the Research Desk in the Canton Public Library, or, to take any other
action in relation thereto.
Board of Selectmen, Town Planner, Superintendent of Public Works
Article 30 To see if the town will vote to amend the general by-laws as most recently amended, so
as to establish a management information systems division within the department of finance, by inserting
provisions in Article VII, Town Finance and Administration, Part A, substantially as follows:
By inserting into (E) Operating Offices, at the end thereof, a new numbered item 4, as follows:
4. Office of Information Systems
The office of information systems shall be headed by a manager of information systems
services, appointed by the director of finance, subject to the approval of the board of
selectmen, and who shall serve an indefinite term.
The office of information systems shall
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03/12/02 16
1. Encourage the use of information systems technology by all town departments,
offices and agencies as a means to increase administrative and operational
productivity.
2. Determine and recommend information systems technology solutions including
computer and related resources acquisition, documentation requirements, system
change costs and data development methods to meet current and anticipated town
requirements.
3. Determine the feasibility of converting specific operations to utilize emerging
information technology innovations and make related recommendations.
4. Review and evaluate all proposals or requests from all town departments, offices
and agencies for information systems technology services and provide related
assistance on request, subject to the direction and priorities established by the
finance director.
1. Oversee appropriate use of information systems computer and computer-related
personnel, equipment, and processes by the efficient and effective management of
the acquisition and use of these resources.
or, to take any other action in relation thereto.
Board of Selectmen, Finance Director
Article 31 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to enable the fire chief to purchase up to thirty defibrillators to better provide for medical
emergencies and to protect the health of Canton citizens, and to authorize the fire chief, in conjunction with
the director of finance to apply for, to receive and to expend any state or federal or private funds as may be
available or may become available for such purpose to assist in said acquisition, or, to take any other action
in relation thereto.
Herbert King and other voters
Article 32 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to enable the fire chief and the police chief to purchase new radio systems so as to be able
to take advantage of the most recent technology and innovation and to improve the communications system
and service of the public safety personnel of the town, or, to take any other action in relation thereto.
Board of Selectmen
Article 33 To see if the town will vote to accept from Can-Four Corporation the deeds to three
parcels of land one located on Angela Street consisting of, approximately, 38,500 square feet and shown on
Canton Board of Assessors Map 60 as lot 127; a second located at the rear of the cul-de-sac on Angela
Street consisting of, approximately, 14.98 acres of land and shown on Canton Board of Assessors Map 60
as lot 77; and the third located between Angela Street and Pheasant Ridge Road consisting of,
approximately, 7.4 acres of land and shown on Canton Board of Assessors Map 60 as lot 76, said deeds to
be accepted in accordance with the provisions of section seventy-seven C of chapter sixty of the General
Laws as inserted by Chapter 2 of the Acts of 2002. or, to take any other action in relation thereto.
Board of Selectmen, Finance Director
Article 34 To see if the town will vote to accept from Kenneth McDonald, et al, the deed(s) to
certain parcels of land located off York Street consisting of, approximately, 13.9 acres, and shown on
Canton Board of Assessors Map 104 as lots 7, 8, 9, 10 and 11, said deed to be accepted in accordance with
the provisions of section seventy-seven B of chapter sixty of the General Laws as inserted by Chapter 2 of
the Acts of 2002. or, to take any other action in relation thereto.
Board of Selectmen, Finance Director
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03/12/02 17
Article 35 To see if the town will vote to petition the General Court, as provided in section eight of
article eighty-nine of the amendments to the state constitution for the enactment of a special law which will
authorize the town to appoint as a police officer any person who was eligible for such appointment at the
time the civil service examination was given, but has been rendered ineligible for appointment in Canton,
by the acceptance of the provisions of section 58A of chapter 31 of the General Laws by a vote of the town
under article 37 of the warrant for the 2001 annual town meeting, such authority to appoint to continue
until the current civil service list expires, or, to take any other action in relation thereto.
Edward F. Kelly, 89 Dunbar Street and other voters
Article 36 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to enable the department of public works to complete the streets, sidewalks, storm drains
and the installation of other municipal utilities in Hunters Lane in conformity with the subdivision rules
and regulations of the planning board and to supplement the balance remaining in the account established
by the developer to assure compliance with such rules and regulations, or, to take any other action in
relation thereto.
Annette Pietro, 19 Hunter Lane and other Voters
Article 37 To see if the town will vote to amend the General By-Laws as most recently amended, by
striking out in Article XVI, section 12, Street Openings (as inserted under article 38, ATM, 1998) the
existing provisions of sub-section 8, relating to insurance, and substituting the following provisions in their
place:
The Permit Holder and/or each Licenses Contractor shall acquire and continuously maintain
while it possesses any Street Opening Permits liability insurance coverage on all personnel
and equipment to be used in the Street Opening Work which insurance is to be with companies
licensed to do business in this commonwealth and shall contain the following coverages in
such amounts as may from time to time may be promulgated for such purposes by the board of
selectmen:
Commercial General Liability Insurance - including operation, independent contractors,
complete operations for a period of one year from completing the street opening work, XCU
hazards,
broad form property damage and personal injury.
Automobile Liability Insurance - covering owned, non-owned and leased or otherwise hired
vehicles.
Worker’s Compensation and Employer’s Liability
or, to take any other action in relation thereto.
Board of Selectmen, Superintendent of Public Works
Article 38 To see if the town will vote to (i) petition the General Court for the enactment of a
special law to provide that the board of selectmen shall consist of five members, elected for terms of three
years each, so arranged that the terms of office of as nearly an equal number of members as is possible
shall expire each year and (ii) submit the act for acceptance to the registered voters of the Town of Canton
at the town election next held following the passage of the special law. Said special law to be in the form
provided in the draft of legislation attached hereto, provided, however, the general court may make clerical
and editorial changes to the proposed law and may make other changes to the proposed law if such changes
are approved by the board of selectmen prior to final enactment by the general court. The board of
selectmen is hereby authorized to approve amendments, which it finds to be within the scope of this
petition.
ATTACHMENT A
17Source page 18
03/12/02 18
AN ACT TO INCREASE THE NUMBER OF MEMBERS OF THE BOARD OF SELECTMEN OF THE
TOWN OF CANTON FROM THREE TO FIVE MEMBERS
Be it enacted, etc.
SECTION 1. The board of selectmen in the town of Canton shall consist of five members elected for terms
of three years each, so arranged that the term of as nearly an equal number of members as is possible shall
expire each year.
SECTION 2. At the first regular town election held after the acceptance of this act by the voters of Canton,
as provided below, three selectmen shall be elected: the candidate receiving the highest number of votes
shall be declared elected to a three year term, the candidate receiving the second highest number of votes
shall be declared elected to a two year term and the candidate receiving the third highest number of votes
shall be declared elected to a one year term. Thereafter, as the terms of selectmen expire, successors shall
be elected for terms of three years.
SECTION 3. This act shall be submitted for acceptance to the registered voters of the Town of Canton at
the town election next held following the passage of this act. The vote shall be taken by ballot in
accordance with the provisions of the General Laws, so far as the same shall be applicable, in answer to the
following question which shall be placed upon the official ballot to be used in said town at said election:
“Shall an act passed by the General Court in the year two thousand and two, entitled `An Act to Increase
the Number of Members of the Board of Selectmen of the Town of Canton from Three to Five Members',
be accepted?" If the majority of the votes cast on such question is in the affirmative sections one and two
of this act shall take effect, but not otherwise.
SECTION 4. Section three of this act shall take effect upon the passage of this act. Sections one and two of
this act shall become effective immediately following the next town election if a majority of the voters of
the town voting thereon at such election have voted in favor of its adoption.
or to take any other action in relation thereto
Christopher Podgurski, 299 High Street and other Voters
Article 39 To see if the town will vote to amend the general by-laws as most recently amended, so
as to make more restrictive the existing by-law limiting places where smoking is permitted, by striking out
the existing provision and inserting a new by-law in its place, in substantially the form contained in the
document entitled “Proposed Environmental Tobacco Smoke By-Law, Proposed Amendment to the
General By-Laws” copies of which are on file in the office of the board of selectmen and the office of the
town clerk at Memorial Hall, in the office of the Planning Board in the (former) Eliot School Building and
at the Research Desk in the Canton Public Library, or, to take any other action in relation thereto.
Board of Health
D R A F T BY-LAW
Environmental Tobacco Smoke By-law
Complete Ban in Public Places
Including Restaurants, Work Places and Other Buildings
A. Statement of Purpose:
Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac
diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful
effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to
nonsmokers; and whereas environmental tobacco smoke [hereinafter ETS], which includes both
exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000
Americans each year; and whereas in 2000, the Public Health Service's National Toxicology Program
listed environmental tobacco smoke as a known human carcinogen (U.S. DHHS, 2000, citing Cal.
EPA, 1997), now, therefore, the voters of the Town of Canton in town meeting assembled, recognize
18Source page 19
03/12/02 19
the right of those who wish to breathe smoke free air and establishes this by-law to protect and
improve the public health and welfare by prohibiting smoking in public places.
B. Authority:
This by-law is promulgated under the authority granted to the town pursuant to the provisions of
section six of article 89 of the amendments to the state constitution and every other enabling
authority as may be.
C. Definitions:
For the purposes of this by-law, the following words shall have the meanings respectively ascribed to
them by this paragraph:
Business Agent: An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise to be the person in charge of said establishment.
Board: The Board of Health of the Town of Canton
Bar: An establishment whose business is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food is only incidental to the
consumption of such beverages.
Employee: Any natural person who performs services for an employer.
Employer: A natural person, partnership, association, corporation, trust, or other organized
group of individuals, including the Town of Canton or any agency thereof, which utilizes the services
of one (1) or more individual employees.
Enclosed space The term is intended to include much more than just a room within a
building or any other fully enclosed space; the term is intended to include any area which has one or
more sides or a roof and specifically to include the exterior portion of a building which is covered by
a roof (e.g. an entry or egress to the building) or places which provide screening from the wind by
having one or more walls (e.g. a bus stop); the term is further intended to include vehicles used in
public transportation and the waiting areas adjacent or in proximity to places where public
transportation is provided.
Person: Any individual, firm, partnership, association, corporation, company or organization
of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge
of any building, establishment, business, or restaurant or retail store, or the business agents or
designees of any of the foregoing.
Public Place: Any building or facility owned, leased, operated or occupied by the
municipality, including school buildings or grounds; any area open to the general public including, but
not limited to, libraries, museums, theaters, auditoriums, indoor sports arenas and/or recreational
facilities, inns, hotel and motel lobbies, educational facilities, shopping malls, public restrooms,
lobbies, staircases, halls, exits, entrances, elevators accessible to the public, and licensed child-care
locations.
Public Transportation: Buses, taxis, and other means of transportation available to the
general public while such means of transportation is operating within the boundaries of the town
including indoor platforms by which such means of transportation may be accessed.
19Source page 20
03/12/02 20
Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria,
and other eating establishment which gives or offers food for sale to the public, guests, or employees
for on-premises or for off-premises consumption, as well as kitchens in which food is prepared on
the premises for serving elsewhere, including catering facilities.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other
tobacco product in any form.
Town: The Town of Canton
Workplace: Any enclosed area of a structure or portion thereof at which one (1) or more
employees perform services for their employer (including the personal residence of the employer
during those hours when used as a place of employment).
D. Smoking Prohibited:
No person shall smoke in any enclosed space within the Town of Canton except as may be
authorized in section F of this by-law.
E. Posting Notice of Prohibition:
Every person having control of premises upon which smoking is prohibited by and under the
authority of this by-law shall conspicuously display upon the premises "No Smoking" signs provided
by the Massachusetts Department of Public Health and available from the Canton Board of Health
or the international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) and comparable in size to the sign provided
by the Massachusetts Department of Public Health and available from the Canton Board of Health.
F. Exceptions:
Notwithstanding the provisions of Paragraph E of this by-law, smoking may be permitted in the
following places and/or circumstances:
1. Private residences, except those portions used as a childcare or health care office
when operating as such,
2. Retail tobacco stores which do not possess a retail food permit, and which are
primarily for the sale of tobacco products and paraphernalia, in which the sale of other products is
merely incidental, and where the owner or manager ensures that persons under the age of eighteen
(18) may never enter the premises at any time, and where the owner or manager conspicuously posts
signs at the entrance(s) stating that persons under the age of eighteen (18) are prohibited from
entering the premises and stating further that environmental tobacco smoke is hazardous to your
health;.
3. Restaurants where the owner or manager ensures that persons under the age of
eighteen (18) may never enter the premises at any time, and where the owner or manager
conspicuously posts signs at the entrance(s) stating that persons under the age of eighteen (18) are
prohibited from entering the premises and stating further that environmental tobacco smoke is
hazardous to your health;
4. Bars where the owner or manager ensures that persons under the age of eighteen
(18) may never enter the premises at any time, and where the owner or manager conspicuously posts
signs at the entrance(s) stating that persons under the age of eighteen (18) are prohibited from
entering the premises and stating further that environmental tobacco smoke is hazardous to your
health;
20Source page 21
03/12/02 21
5. The bar area of a restaurant that holds a pouring license, provided that the bar area
is separated from the non-smoking area of the restaurant by location in a separate room or by means
of a physical barrier that completely encloses the bar area of the restaurant and that is served by a
ventilation system that is separate from the ventilation system that serves the non-smoking portion of
the restaurant (so as not to interfere with the smoke free air of the non smoking area of the
restaurant)
G. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Paragraph F of this regulation, nothing in
this regulation shall be deemed to amend or repeal applicable fire, health or other regulations
so as to permit smoking in areas where it is prohibited by such fire, health or other
regulations.
H. Violations:
Any person who violates any provision of this by-law shall be subject to a fine of one hundred dollars
($100) for a first offense, two hundred dollars ($200) for a second offense within one year of the date
of the current offense and three hundred dollars ($300) for a third or subsequent offense within one
year of the date of the current offense. Violations of this by-law may be enforced in the manner
provided in Massachusetts General Law, Chapter 40, Section 21D.
Enforcing Persons: Canton Police Department, Canton Board of Health and its designees
K. Severability:
If any paragraph or provision of this by-law is found to be illegal or against public policy or
unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions.
EXCEPTION FOR EXISTING FACILITIES
Any bar or restaurant in existence when this by-law is adopted which is not in compliance with the
provisions of this by-law shall be granted a period of one year to bring the premises into conformity
with this by-law. If after one year the premises are not then in conformity with the provisions of this
by-law the board of health may, after public notice and a public hearing, extend the time for
compliance for up to one additional year.
Article 40 To see if the town will vote to raise and appropriate, by borrowing or otherwise, a sum of
money sufficient to repair and renovate the exterior portion of the (former) Ponkapoag School Building
located on Washington Street near its intersection with state route 128, so as to enhance this entryway into
the town, or, to take any other action in relation thereto.
Peter Pineo, 20 Green Lodge Street and other Voters
Article 41 To see if the town will vote to authorize the board of selectmen to purchase, or to take by
eminent domain, any land or easements as may be necessary in order to make the improvements to the
intersection of Washington Street and Turnpike Street and the intersection of Turnpike Street and
Randolph Street as shown on a plan of land prepared by VHB Engineers entitled plan of Turnpike Street
(Route 138)/Randolph Street in the town of Canton, (dated) April 3, 2002, copies of which are on file in
the office of the board of selectmen and the in the office of the town clerk at Memorial Hall, in the office
of the Planning Board in the (former) Eliot School Building and at the Research Desk in the Canton Public
Library, or, to take any other action in relation thereto.
Board of Selectmen
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03/12/02 22
Article 42 To see if the town will vote to accept the layout and definition of certain streets or
portions of streets, including:
A York Brook Road – from the intersection of York Street, northeasterly, a distance of,
approximately, 2,420 feet, including the cu-de-sac.
B Oxbow Road – from the intersection of York Brook Road, westerly, a distance of,
approximately, 977 feet to the existing pubic way terminus.
C Thoreau Road – from the present terminus of Thoreau Road at Station 21 + 36,
westerly, a distance of, approximately, 600 feet, including the cul-de-sac.
D Liberty Place – from the intersection of Pleasant street, southwesterly, a distance of,
approximately, 352.2 feet, including the cul-de-sac.
E Withington Circle – from the intersection of Angela Street, southwesterly, a distance of,
approximately, 600 feet, including the cul-de-sac.
F Linden Glen – from the intersection of York Brook Road, southerly, a distance of,
approximately, approximately 1134 feet, including the cul-de-sac.
G Sullivan Way – from the intersection of Washington Street, southeasterly, a distance of
approximately 480 feet, including the cul-de-sac.
H Culloden Drive – from the intersection of Chapman Street, northerly, a distance of
approximately 1400 feet, then intersecting with itself at station 2+75.
constructed in accordance with the planning board's rules and regulations relating to subdivisions, having
the boundaries and measurements as reported by the board of selectmen on a plan laying out the said
streets, or portions thereof, as town ways on a plan, or plans, filed with the town clerk on or before April
19, 2002, copies of which plans are also on file at the office of the engineering division of the department
of public works, or to take any other action in relation thereto.
Planning Board and Board of Selectmen
Article 43 To see if the town will vote, as provided in section 1B of chapter forty-one of the
General Laws, to change the office of town clerk from one chosen by vote of the voters of the town, at
large, to an office chosen by appointment of the board of selectmen and based on specific education,
training and experience requirements or to take any other action in relation thereto.
Board of Selectmen
Article 44 To see if the town will vote to petition the General Court for the enactment of a special
law, in conformity with the provisions of article 97 of the amendments to the state constitution, to allow the
town of Canton, through its board of selectmen, to give an easement to the town of Stoughton, for water
supply purposes, over a small portion of Pequitside Farm, so-called, as shown on the “Plan of Easement for
Waterline Construction” (Land owned by Thomas & Joan O’Connor & the Town of Canton, prepared by
Town of Stoughton Engineering Department, scale 1” = 80’, dated December 2001, copies of which have
been placed on file in the office of the board of selectmen and in the office of the town clerk at Memorial
Hall, in the office of the Planning Board in the (former) Eliot School Building and at the Research Desk in
the Canton Public Library, or, to take any other action in relation thereto.
Board of Selectmen
Article 45 To see if the town will vote to accept the provisions of any act or other law that may have
been enacted before this town meeting came into session and which would add incentives to the retirement
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03/12/02 23
packages available to certain town employees to encourage town employees to take, so-called, early
retirement, or, to take any other action in relation thereto.
Board of Selectmen
Article 46 To see if the town will vote to transfer a sum of money appropriated at the annual town
meeting in 1999 by motion # 7 under article 50 of the warrant (#43423) and another sum of money
appropriated at the Annual town Meeting in 1999 by motion # 9 under article 50 of the warrant (#43422)
for the purpose of rehabilitating, reconstructing and repairing the existing public works garage on Bolivar
Street and a sum of money held in the same account received from the Department of Housing and
Community Development of the Commonwealth for a similar purpose, to a new account entitled “Public
Works Relocation Fund” and to authorize the board of selectmen to engage an expert to advise it on the
possible sites to which the DPW yard and school maintenance facilities might be relocated, to purchase
land or buildings to prepare land, to erect or remodel any existing buildings or other structures, or, to take
any other action in relation thereto.
Board of Selectmen
Article 47 To see if the town will vote to amend the general by-laws as most recently amended, so
as to make provision for the establishment of a committee having the powers of a mapping commissions, as
provided in section 8K of chapter 40 of the General Laws, by inserting into Article LVI, Miscellaneous, a
new section 16, in substantially the following form:
Section 16: Mapping Commission
(a) Establishment – There is hereby established a mapping commission for the purpose
of developing or coordinating the development of comprehensive maps of Canton,
including, but not limited to, parcel boundaries, location of utility lines, pipelines, and
other structures, land use or items of geographic or geological interest.
(b) Composition, Term of Office – The mapping commission shall consist of the
superintendent of public works, the head of the engineering division within the
department of public works and the information systems manager who shall serve by
virtue of their office as members of the mapping commission.
(c) Powers and Duties – The mapping commission shall: (1) develop and administer
programs relating to mapping of the community; (2) advise, assist and cooperate with
state, regional and federal agencies in developing appropriate programs and policies
relating to such mapping; (3) apply for, receive, expend, represent and act on behalf of
the town in connection with federal grants, grant programs or reimbursements or
private grants; (4) accept gifts, grants, bequests and devises from any source, whether
public or private, for the purpose of assisting in the discharge of its duties; (5) seek to
coordinate the activities of governmental and private bodies organized for similar
purposes. The mapping commission shall seek to coordinate all mapping efforts in
Canton in order that duplicative efforts be minimized. The mapping commission may
offer for sale any products of its efforts, including maps, reports or other materials.
or, to take any other action in relation thereto.
Board of Selectmen
Article 48 To see if the town will vote to authorize the board of selectmen to purchase, or to take by
eminent domain, the land or easements as may be necessary in order to make the improvements to the
sanitary sewer in Wardwell Road as shown on a plan of land prepared by Vollmer Associates entitled
“Wardwell Rd. to Pleasant Street” dated September, 2001 copies of which have been placed on file in the
office of the board of selectmen and in the office of the town clerk at Memorial Hall, in the office of the
Planning Board in the (former) Eliot School Building and at the Research Desk in the Canton Public
Library, and to raise and appropriate, by borrowing or otherwise, such sums of money as may be necessary
for such purposes, or, to take any other action in relation thereto.
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03/12/02 24
Board of Selectmen
Article 49 To see if the town will vote to authorize the board of selectmen to purchase, or to take by
eminent domain, the land or easements as may be necessary in order to make the improvements to the
drainage in Pleasant Circle as shown on a plan of land prepared by Vollmer Associates entitled
“Recommended Proposed Solution #3 Pleasant Circle Drainage Study” copies of which have been placed
on file in the office of the board of selectmen and in the office of the town clerk at Memorial Hall, in the
office of the Planning Board in the (former) Eliot School Building and at the Research Desk in the Canton
Public Library, and to raise and appropriate, by borrowing or otherwise, such sums of money as may be
necessary for such purposes, or, to take any other action in relation thereto.
William H. Dillon, Jr., 53 Pleasant circle and other voters
Article 50 To see if the town will vote to amend the Zoning By-law as most recently amended, by
adding restaurants and other on premises eating and drinking establishments to the permitted uses in the
Canton Center Economic Opportunity District, by inserting in Section 5.6 Canton Center Economic
Opportunity District, Section 5.65 Uses Permitted, a new Subsection 5.65.4 and by adding to Section
5.66.8 Parking Requirements a new Subsection 5.66.8 J, in substantially the following form:
The Zoning By-law, as most recently amended is hereby further amended by inserting
into section 5.6, Canton Center Economic Opportunity District, Section 5.65, Uses
Permitted, a new sub-section 5.65.4, as follows:
Section 5.65.4 Restaurant and other on-premises eating and
drinking establishments
and by establishing the number of vehicle parking spaces to be required for restaurants and other on
premises eating and drinking establishments, by adding to Section 5.66.8 Parking Requirements a new
Subsection 5.66.8 J, in substantially the following form:
The Zoning By-law, as most recently amended is hereby further amended by inserting
into section 5.6, Canton Center Economic Opportunity District, Section 5.66.8, Parking
Requirements after paragraph A and before paragraph B, a new paragraph A, 1, as
follows:
A, 1 For restaurants and other on premises eating and drinking
establishments, one (1) parking space for each ten (10)
seats. Where benches are used, one (1) parking space for
each ten (10) feet of bench.
or, to take any other action in relation thereto.
Planning Board
Article 51 To see if the town will vote to amend the Zoning By-law as most recently amended, by
adding provisions detailing and defining site landscape requirements and policies designed to reduce and
mitigation the impact of soil erosion, storm water runoff, noise, light and air pollution; to mitigate the
impact of heat and wind, to improve the microclimate of parking lots; to provide buffers between
potentially incompatible land uses; and to enhance and preserve the visual character of the site and the
community, by inserting into Section 3.0 Site Plan Approval a new Subsection 3.08 Site Landscaping, in
substantially the form contained in the document entitled “Site Landscaping, Proposed Amendment to the
Zoning By-Law” copies of which are on file in the office of the board of selectmen and the office of the
town clerk at Memorial Hall, in the office of the Planning Board in the (former) Eliot School Building and
at the Research Desk in the Canton Public Library, or, to take any other action in relation thereto.
Planning Board
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03/12/02 25
Article 52 To see if the town will vote to amend the Zoning By-law as most recently amended, by
adding provisions which will require certain security to be provided to insure that ‘as built’ plans will be
submitted when building projects are completed, by inserting in section3.0, Site Plan Approval, a new
Subsection 3.06.1, Security, in substantially the form contained in the document entitled “Site Plan
Approval, Proposed Amendment to the Zoning By-Law” copies of which are on file in the office of the
board of selectmen and the office of the town clerk at Memorial Hall, in the office of the Planning Board in
the (former) Eliot School Building and at the Research Desk in the Canton Public Library, or, to take any
other action in relation thereto.
Planning Board
Article 53 To see if the town will vote to amend the Zoning By-law as most recently amended, by
adding provisions designed to preserve and enhance the cultural, economic, and historical resources of
Canton Center, by inserting a new Section 5.7, Canton Center Design Review, in substantially the form
contained in the document entitled “Canton Center Design Review, Proposed Amendment to the Zoning
By-Law” copies of which are on file in the office of the board of selectmen and the office of the town clerk
at Memorial Hall, in the office of the Planning Board in the (former) Eliot School Building and at the
Research Desk in the Canton Public Library, or, to take any other action in relation thereto.
Planning Board
Article 54 To see if the town will vote to amend the Zoning By-Law as most recently amended, by
adding provisions which will clarify and more effectively regulate home based business use of residential
premises, by inserting into Section 2.1, Use Regulations, subsection 2.12, Single Residence District a new
subsection L, Home Based Business, in substantially the form contained in the document entitled “Home
Based Business, Proposed Amendment to the Zoning By-Law” copies of which are on file in the office of
the board of selectmen and the office of the town clerk at Memorial Hall, in the office of the Planning
Board in the (former) Eliot School Building and at the Research Desk in the Canton Public Library, or, to
take any other action in relation thereto.
Planning Board
Article 55 To see if the town will vote to amend the Zoning By-Law as most recently amended, by
adding provisions which will define and regulate a new residential classification of housing especially
designed to meet the needs and serve the interests of persons who have reached the age of fifty-five, or
more, by inserting into Section 2.1, Use Regulations, a new ‘village housing overlay district’, in
substantially the form contained in the document entitled “Village Housing Overlay District, Proposed
Amendment to the Zoning By-Law” copies of which are on file in the office of the board of selectmen and
the office of the town clerk at Memorial Hall, in the office of the Planning Board in the (former) Eliot
School Building and at the Research Desk in the Canton Public Library, or, to take any other action in
relation thereto.
Planning Board
Article 56 To see if the town will vote to amend the zoning map, as most recently amended by
placing in the Village Housing Overlay District two parcels of land owned by G & N Realty Trust, being
map 77, lot 9 and map 77, lot 16, copies of a map showing such parcels are on file in the office of the
board of selectmen and the office of the town clerk at Memorial Hall, in the office of the Planning Board in
the (former) Eliot School Building and at the Research Desk in the Canton Public Library, or, to take any
other action in relation thereto.
Nunzio Puleo, 4 Seminole Road and other voters
Article 57 To see if the Town will vote to amend the Zoning By-law as most recently amended, to
establish, define and regulate a town site inspection program by adding to Section 3.0 Site Plan Approval, a
new Subsection 3.07 Town Site Inspection Program, in substantially the following form:
3.07 Town Site Inspection Program
All buildings, except a residential structure for single or two family use, shall be subject to the
Town Site Inspection Program (TSIP). The Planning Board is responsible for the administration,
management and implementation of the TSIP.
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03/12/02 26
The cost of the TSIP is the responsibility of the applicant. The TSIP includes, but is not limited to,
daily field inspections, field reports, field tests, laboratory work, meetings, conferences and
related professional inspection and/or coordination services by the Planning Board or its
representative(s). As a condition of the permit, the applicant shall provide the Town of Canton
with a "Site Access Certificate" specifying that the Planning Board and the Planning Board's
representative will have unlimited access to the applicants private property for the purpose of
inspecting the site work.
or, to take any other action in relation thereto.Planning Board
Article 58 To see what sums of money the town will vote to raise and appropriate to meet the
expenses of the next fiscal year, or, to take any other action in relation thereto.
Board of Selectmen
And you are hereby directed to serve this warrant by posting attested copies at
the Post Office and at not less than six other public places at least twenty-one days
before the day the said meeting is held.
Hereof fail not, and make due return of this warrant with your doings thereon to
the town clerk before the day the said meeting is held.
Given under our hands and seals this twelfth day of March in the year two
thousand and two.
Board of Selectmen,
Town of Canton
________________________________________
Avril T. Elkort, Chair
________________________________________
John J. Connolly, Vice Chair
________________________________________
George F. Jenkins, Jr.,Clerk
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03/12/02 27
Norfolk, ss
Pursuant to the within Warrant to me directed, I have notified and warned the inhabitants of the Town of
Canton to meet at the time and places mentioned in the said Warrant and for the purposes as stated in the
said Warrant by posting up attested copies of the same at the Post Office and at six other public places in
the town twenty one days, or more, before the day set in the said Warrant.
Date on which the said Notices were posted
___________________________________
________________________________
Constable
Received and filed in the Office of the Town Clerk on
____________________________
_________________________________
Tracy Kenney, Town Clerk
27