Canton, Massachusetts · Saved source text
Canton Town Meeting — 2010 ATM
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Source page 41
ANNUAL TOWN MEETING APRIL 26, 2010
DISCUSSION: The Finance Committee unanimously supports Article 23. The purpose for the easements ortitle
interests inthese parcels ofland istoallow the town tomake improvements and enhance the safety ofpedestrians
onthis segment ofTurnpike Street. This Article authorizes the Board ofSelectmen toacquire the easements
needed tocomplete the project. The Finance Committee was informed that there would be nomaterial expected
costs and that this Article isrequired forthe completion ofthe project.
APPROVED__________ DISAPPROVED__________
ARTICLE24
ACCEPTANCE OF DEEDS IN LIEU OF FORECLOSURE
Article24 Tosee ifthe Town will vote toaccept from the owners ofthe parcels listed below, deeds for any orall
ofsuch parcels inlieu offoreclosure forfailure topay tothe Town real estate taxes and other municipal charges
pursuant toG.L.c.60, §77C, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the subject matter of Article 24 be indefinitely postponed.
VOTE: 6-0-0
DISCUSSION: At the time ofthe vote, there were nodeeds tobe accepted. Thus the Finance Committee
unanimously voted topostpone Article 24 indefinitely.
APPROVED__________ DISAPPROVED__________
ARTICLE25
VOTE TO SELL TOWN PROPERTYAT 35 TURNPIKE STREET
Article 25 Tosee ifthe Town will vote toauthorize the Board ofSelectmen tosell, convey, release orotherwise
dispose ofall orany portion ofthe certain parcel ofland, together with improvements thereon, located at35
Turnpike Street and known asTown ofCanton Tax Assessor Map 81, Parcel 008 and 009, orlesser interests
therein, subject toMassachusetts G.L.c.30B, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to sell, convey, release or otherwise dispose
of all or any portion of the certain parcel of land, together with improvements thereon, located at 35
Turnpike Street and known as Town of Canton Tax Assessor Map 81, Parcel 008 and 009, or lesser
interests therein, subject to Massachusetts G.L.c.30B.
VOTE: 5-2-0
MAJORITY DISCUSSION: The majority ofthe Finance Committee supports the sale ofthis property once itis
fully acquired by the town. Such asale must beapproved attown meeting, soFinance Committee feels itiswise
toapprove this action now inanticipation ofthe property being acquired inthe next 12months.
MINORITY DISCUSSION: Aminority ofFinance Committee members felt that the town should not authorize the
sale until acquisition ofthe parcel iscomplete.
APPROVED__________ DISAPPROVED__________
41 –Source page 42
ANNUAL TOWN MEETING APRIL 26, 2010
ARTICLE26
VOTE TO APPROVE ACQUISITION OF PROPERTY AT 35 TURNPIKE STREET
Article 26 Tosee ifthe Town will vote toauthorize the Board ofSelectmen toacquire bypurchase, gift or
eminent domain the fee title orlesser title interests inallorany portions ofthat certain parcel ofland, together
with improvements thereon, located at35Turnpike Street and known asTown ofCanton Tax Assessor Map 81,
Parcel 008 and 009; tosee ifthe Town will vote toraise and appropriate, borrow pursuant toany applicable statute
ortransfer from available funds, asum ofmoney forsuch purposes; ortotake any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to acquire by purchase, gift or eminent
domain the fee title or lesser title interests in all or any portions of that certain parcel of land, together
with improvements thereon, located at 35 Turnpike Street and known as Town of Canton Tax Assessor
Map 81, Parcel 008 and 009.
VOTE: 7-0-0
DISCUSSION: About 10 years ago, the Town commenced legal action toobtain the property known as 35
Turnpike Street for nonpayment oftaxes. The property consists oftwo parcels ofland aslisted inthis Article.
Clerical and typographical errors on the lawyer’sdocuments and the Land Court’s decision were discovered, and
now the Land Court isdeciding how toremedy the errors. These parcels have not paid any property tax tothe
Town for over 10years, and the tenant living on the property has been paying rent tothe original owner ofthe
property. This Article will give the Town the ability toefficiently proceed, and only ifnecessary, toobtain clear title
toboth parcels ofland, evict the tenant and sell this property torecover the back taxes owed tothe Town.
APPROVED__________ DISAPPROVED__________
ARTICLE27
ARTICLE FOR PONKAPOAG GOLF COURSE
Article 27 To see ifthe Town will vote toauthorize the Board ofSelectmen, pursuant C. 182, sec. 103 ofthe Acts
of2008,
toenter into alease ofthe Ponkapoag Golf Course (Map 82 –Parcel 39)from the Commonwealth for aterm not
toexceed 25years along with such other related agreements with the Commonwealth asare necessary or
appropriate;
toraise and appropriate transfer from available funds, orborrow pursuant toany applicable statute funds for
the acquisition, repair, improvement, maintenance, expansion and development ofthe golf course and the facilities
and amenities related thereto;
tocreate an enterprise fund pursuant toMassachusetts G.L.c.44, sec. 53F1/2toreceive income generated by
the operation ofthe golf course tobeexpended forsuch operation and improvements and related debt service if
any;
tomaintain, improve, develop and operate the golf course;
toestablish, ifappropriate, atown board orcommission tohave jurisdiction ofand responsibility for the
management, improvement and/oroperation ofsuch course during the time ofsuch lease tothe town;
toenter into such contracts, agreement and other arrangements, including but not limited tomanagement
agreements, pursuant toMassachusetts G.L.c.30B, asmay benecessary, appropriate orconvenient tothe
maintenance, improvement, development oroperation ofthe golf course or
totake any other action related thereto.
Board of Selectmen
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ANNUAL TOWN MEETING APRIL 26, 2010
MOVED: That the subject matter of Article 27 be indefinitely postponed.
VOTE: 6-0-0
DISCUSSION: Atthe time ofthe vote, the state had not provided the Town with any information onwhat its
lease requirements would be, making itimpossible toascertain what the financial impact toCanton would be. Thus
the Finance Committee unanimously voted topostpone Article 27indefinitely.
APPROVED__________ DISAPPROVED__________
ARTICLE28
VOTE TO LEASE PINE STREET LANDFILL SITE
Article 28 To see ifthe Town will vote toauthorized the Board ofSelectmen tolease foralease term exceeding
ten (10) years, allorany portion ofthe former Town landfill site located on Pine Street and known asAssessor Map
40, Parcel 44, subject toG.L.c.30B, for the purposes ofinstalling and operating solar panels and generation,
storage and transmission ofelectricity; and totake any other action related thereto.
Board of Selectmen
MOVED: That the Board of Selectmen is authorized to lease for a lease term of ten (10) years,
all or any portion of the former Town landfill site located on Pine Street and known as Assessor Map 40,
Parcel 44, subject to G.L.c.30B, for the purposes of installing and operating solar panels and
generation, storage and transmission of electricity.
VOTE: 7-0-0
DISCUSSION: The Finance Committee feels that the potential use ofthe Pine Street landfill bythe Board of
Selectmen as alocation toconstruct asolar panel field togenerate electricity isapractical use ofland that
otherwise has very limited functionality. Preliminary scientific surveys have been undertaken and the functionality
forasolar panel field because ofthe clear lines ofsight tothe sun forthe greater part ofthe year isattractive to
potential developers. No substantial buildings will be constructed onthis site and the current “head end” for the
town cable system will not be impacted. There isnofinancial cost impact tothe town but this Article enhances the
upside potential forsubstantial revenue tothe community.
APPROVED__________ DISAPPROVED__________
43 –Source page 44
ANNUAL TOWN MEETING APRIL 26, 2010
ARTICLE29
ADDITIONAL 43D PRIORITY DEVELOPMENT SITES
Article 29 To see ifthe Town will designate additional parcels ofland as "Priority Development Sites" inthe Town
ofCanton, for expedited municipal permitting within the meaning ofG.L.Ch. 43D, ortotake any other action
related thereto.
and that G. L.Chapter 43D be accepted bythe town forPriority Development Sites designated inthis vote;
and that the Board ofSelectmen behereby authorized toprepare and submit anapplication fordetermination of
eligibility and approval ofthe foregoing Priority Development Sites with the Commonwealth ofMassachusetts
Interagency Permitting Board;
and that the Board ofSelectmen be hereby authorized toimplement the following within 120 days ofthe
acceptance ofChapter 43D with respect tothe above mentioned Priority Development Sites:
a)appoint asingle point ofcontact toserve asthe primary municipal liaison for allissues relating toChapter 43D
inconnection with said Priority Development Sites;
b)amend rules and regulations, with the assistance ofvarious permitting boards, on permit issuance toconform
with Chapter 43D with respect tothe foregoing Priority Development Sites;
c)along with the town's permitting boards, collect and ensure the availability ofall governing statues, local
bylaws, regulations, procedures and protocols pertaining toeach permit;
d)establish aprocedure whereby the Board ofSelectmen shall determine all permits, reviews and pre-
development review required foraPriority Development Site project, allrequired scoping sessions, public comment
periods and public hearings and all additional specific applications and supplemental information required for
review, including when applicable, the identification ofpotential conflicts of jurisdiction orsubstantive standards
with abutting municipalities and aprocedure fornotifying the applicant; and
e)establish aprocedure, following notification ofthe required submissions for review asset for inclause (d)
above, for determining ifallthe materials required for the review ofthe Priority Development project have been
completed.
Board of Selectmen for Economic Development Committee
MOVED: That the following parcels of land be designated as "Priority Development Sites" in the
Town of Canton, for expedited municipal permitting within the meaning of G.L.Ch. 43D:
1. 10 Pequot Way (Map 79, Lot 146)
2. 40 Pequot Way (Map 79, Lot 143)
and that G. L. Chapter 43D be accepted by the Town for the Priority Development Sites designated in
this vote;
and that the Board of Selectmen be hereby authorized to prepare and submit an application for
determination of eligibility and approval of the foregoing Priority Development Sites with the
Commonwealth of Massachusetts Interagency Permitting Board;
and that the Board of Selectmen be hereby authorized to implement the following within 120 days of
the acceptance of Chapter 43D with respect to the above mentioned Priority Development Sites:
a) appoint asingle point of contact to serve as the primary municipal liaison for all issues relating to
Chapter 43D in connection with said Priority Development Sites;
b) amend rules and regulations, with the assistance of various permitting boards, on permit issuance
to conform with Chapter 43D with respect to the foregoing Priority Development Sites;
c) along with the town'spermitting boards, collect and ensure the availability of all governing
statutes, local bylaws, regulations, procedures and protocols pertaining to each permit;
d) establish aprocedure whereby the Board of Selectmen shall determine all permits, reviews and
pre-development review required for aPriority Development Site project, all required scoping sessions,
public comment periods and public hearings and all additional specific applications and supplemental
information required for review, including when applicable, the identification of potential conflicts of
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ANNUAL TOWN MEETING APRIL 26, 2010
jurisdiction or substantive standards with abutting municipalities and aprocedure for notifying the
applicant; and
e) establish aprocedure, following notification of the required submissions for review as set for in
clause (d) above, for determining if all the materials required for the review of the Priority
Development project have been completed.
VOTE: 7-0-0
DISCUSSION: The Finance Committee unanimously supports Article 29. The Town adopted Chapter 43D
Expedited Permitting atthe 2007 ATM. Since that time many parcels have been designated as Priority
Development Sites. By allaccounts, the recent Chapter 43D designations have furthered the Town’s goals of
attracting new commercial and business developments and increasing revenue for the town. The two properties
being proposed for designation have been vacant formore than 18months, are zoned industrial/commercial and
were unanimously supported for designation bythe Economic Development Committee.
APPROVED__________ DISAPPROVED__________
ARTICLE30
WASTE ACQUISITION AGREEMENT WITH COVANTA/ SEMASS
Article 30 To see ifthe Town will vote toauthorize the Board ofSelectmen tonegotiate and enter into awritten
agreement and/ormodify certain terms and conditions contained inthe Waste Acquisition Agreement between the
Town ofCanton and Covanta/SEMASS forthe disposal ofmunicipal solid waste; ortake any other action related
thereto.
Board of Selectmen
MOVED: That the subject matter of Article 30 be indefinitely postponed.
VOTE: 7-0-0
DISCUSSION: At the time ofthe vote, there was not sufficient information for the Finance Committee to
determine what the financial impact ofan agreement with SEMASS would befor the Town. Thus the Finance
Committee unanimously voted topostpone Article 30 indefinitely.
APPROVED__________ DISAPPROVED__________
ARTICLE31
VOTE TO APPROVE ACQUISITIONS FOR SAFETY IMPROVEMENTS FOR HANSEN SCHOOL
Article 31 To see ifthe Town will vote toauthorize the Board ofSelectmen toacquire by purchase, gift or
eminent domain the fee title, easements orlesser title interests inallorany portions ofthe parcels ofproperty off
Pecunit Street, Old Pecunit Street, Washington Street, Colonial Lane and Kenney Street listed below for grading,
construction, use and maintenance ofpathways and asidewalks for use bythe Town and general public for all
purposes for which pathways and sidewalks are commonly used, including but not limited topedestrian use and
bicycle use, grading and re-grading, landscaping, planting, maintaining, cutting, trimming and removing trees,
plants and vegetation, constructing roadway safety improvements and installing traffic-calming devices; tosee if
the Town will vote toappropriate, borrow pursuant toany applicable statute ortransfer from available funds, a
sum ofmoney forsuch purposes; ortotake any other action related thereto.
Property AddressAssessor ID
0Washington Street Map 46, Parcel 92-0-E
23 Pecunit Street Map 48, Parcel 1-0-R
1746 Washington Street Map 64, Parcel 4-0-R
15 Pecunit Street Map 64, Parcel 5-0-R
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ANNUAL TOWN MEETING APRIL 26, 2010
3Pecunit Street Map 64, Parcel 6-0-R
1752 Washington Street Map 64, Parcel 7-0-R
25 Pecunit Street Map 64, Parcel 8-0-E
55 Pecunit Street Map 64, Parcel 9-0-E
50Kenney Street Map 64, Parcel 168-0-E
1699 Washington Street Map 64, Parcel 169-0-E
1697 Washington Street Map 64, Parcel 170-0-R
1759 Washington Street Map 64, Parcel 171-0-R
1688 Washington Street Map 64, Parcel 172-0-R
1743 Washington Street Map 64, Parcel 175-0-R
1733 Washington Street Map 64, Parcel 176-0-R
2Colonial Lane Map 64, Parcel 177-0-R
1Colonial Lane Map 64, Parcel 178-0-R
1776 Washington Street Map 64, Parcel 198-0-R
1750 Washington Street Map 64, Parcel 199-0-R
Board of Selectmen
MOVED: That the Board of Selectmen be authorized to acquire by purchase, gift or eminent
domain the fee title, easements or lesser title interests in all or any portions of the parcels of property
off Pecunit Street, Old Pecunit Street, Washington Street, Colonial Lane and Kenney Street listed below
for grading, construction, use and maintenance of pathways and asidewalks for use by the Town and
general public for all purposes for which pathways and sidewalks are commonly used, including but not
limited to pedestrian use and bicycle use, grading and re-grading, landscaping, planting, maintaining,
cutting, trimming and removing trees, plants and vegetation, constructing roadway safety
improvements and installing traffic-calming devices.
Property AddressAssessor ID
0Washington Street Map 46, Parcel 92-0-E
23 Pecunit Street Map 48, Parcel 1-0-R
1746 Washington Street Map 64, Parcel 4-0-R
15 Pecunit Street Map 64, Parcel 5-0-R
3Pecunit Street Map 64, Parcel 6-0-R
1752 Washington Street Map 64, Parcel 7-0-R
25 Pecunit Street Map 64, Parcel 8-0-E
55 Pecunit Street Map 64, Parcel 9-0-E
50 Kenney Street Map 64, Parcel 168-0-E
1699 Washington Street Map 64, Parcel 169-0-E
1697 Washington Street Map 64, Parcel 170-0-R
1759 Washington Street Map 64, Parcel 171-0-R
1688 Washington Street Map 64, Parcel 172-0-R
1743 Washington Street Map 64, Parcel 175-0-R
1733 Washington Street Map 64, Parcel 176-0-R
2Colonial Lane Map 64, Parcel 177-0-R
1Colonial Lane Map 64, Parcel 178-0-R
1776 Washington Street Map 64, Parcel 198-0-R
1750 Washington Street Map 64, Parcel 199-0-R
VOTE: 7-0-0
DISCUSSION: The Finance Committee voted unanimously tosupport this Article. Accepting this Article will
allow Canton toutilize federal funding toimprove the sidewalks and crosswalks on Pecunit, Kenney and
Washington Stfor better access tothe Hansen School. The project will require nopermanent easements on
private land and few temporary / construction easements. The project is100% federally funded sothere isno cost
tothe town. Additionally, the project will improve seriously degraded sidewalks, lessening future maintenance
costs tothe town.
APPROVED__________ DISAPPROVED__________
46 –Source page 47
ANNUAL TOWN MEETING APRIL 26, 2010
ARTICLE32
FEASIBILITY STUDY AND RENOVATIONS TO KENNEDY SCHOOL
Article 32 To see ifthe town will vote toraise and appropriate, borrow pursuant toany applicable statute, or
transfer from available funds, asum ofmoney, and ifso, what amount, tobe expended under the direction ofthe
Canton School Committee and Building Renovation Committee for afeasibility study ofthe present conditions
applicable to, and renovations, improvements and reconstruction of,the JFK Elementary School, 100 Dedham
Street, Canton, for which feasibility study the Town may beeligible for agrant from the Massachusetts School
Building Authority ("MSBA"), itbeing understood that the MSBA'sgrant program isanon-entitlement, discretionary
program based on need, as determined by the MSBA, and any cost the Town incurs inconnection with the
feasibility study inexcess ofany grant approved byand received from the MSBA shall be the sole responsibility of
the town, ortake any other action related thereto.
Board of Selectmen for the School Committee
MOVED: That the subject matter of Article 32 be indefinitely postponed.
VOTE: 6-0-0
DISCUSSION: This Article was placed onthe warrant inanticipation ofthe Massachusetts School Building
Agency (MSBA) requiring afeasibility study before determining the possibility for partial reimbursement for the
expansion requested inArticle 13, the “Omnibus” Capital Outlay Article. With no additional information from MSBA
atthe time ofthe vote, the Finance Committee voted torecommend indefinitely postponing any action onthis
Article. Ifnew information isreceived from MSBA prior toTown Meeting, that afeasibility study isrequired, an
amendment will likely beoffered on the floor ofTown Meeting.
APPROVED__________ DISAPPROVED__________
ARTICLE33
FUNDING FOR SPECIAL EDUCATION DEFICIT FOR FY 2010
ARTICLE 33 To see ifthe Town will vote totransfer from Free Cash inthe Treasury ofthe Town asum ofmoney
tofund additional appropriations for the Canton Public Schools budget, asearlier appropriated by Article 46 ofthe
2009 Annual Town Meeting, which additional sum isintended tocover any deficit infunding special education for
the Canton Public Schools during FY2010, ortake any other action related thereto.
Board of Selectmen for the School Committee
MOVED: That the subject matter of Article 33 be indefinitely postponed.
VOTE: 6-0-0
DISCUSSION: The funding for the SPED deficit spending inFiscal Year 2010 ishandled inmotion #2,ofArticle
9. Thus, theFinance Committee voted topostpone indefinitely Article 33.
APPROVED__________ DISAPPROVED__________
47 –Source page 48
ANNUAL TOWN MEETING APRIL 26, 2010
ARTICLE34
CREATION OF ASCHOOL SPECIAL EDUCATION STABILIZATION FUND
ARTICLE 34 Tosee ifthe town will vote toestablish, pursuant toG. L.Ch. 40, section 5B, aCanton Public
Schools Special Education Stabilization Fund, forthe purpose ofmaintaining asource offunds tosupplement the
Canton Public Schools annual operating budget intended toprovide supplemental funds for special education
expenses bythe Canton Public Schools, ortotake any other action related thereto
Board of Selectmen for the School Committee
MOVED: That the subject matter of Article 34 be indefinitely postponed.
VOTE: 6-0-0
DISCUSSION: Discussions between the Finance Committee and the School Committee determined that the
creation ofastabilization fund isnot feasible atthis time. The understanding ofthe Finance Committee isthat the
School Committee does not intend tomove forward with this Article. Thus, the Finance Committee unanimously
voted toindefinitely postpone any action onArticle 34.
APPROVED__________ DISAPPROVED__________
ARTICLE35
ACCEPT GENERAL OR SESSION LAWS ENACTED BY THE GENERAL COURT
Article 35 To see ifthe town will vote toaccept any general orsession laws enacted by the General Court forthe
benefit ofcities ortowns orofbenefit tothe Town ofCanton, ortotake any other action related thereto.
Board of Selectmen
MOVED: That Chapter 40U as inserted by Chapter 26 of the Acts of 2010 be accepted by the
Town of Canton as follows:
AN ACT RELATIVE TO THE COLLECTION OF UNPAID MUNICIPAL FINES.
The General Laws are hereby amended by inserting after chapter 40T the following chapter:
CHAPTER 40U
MUNICIPAL FINES
Section 1. As used in this chapter, the following words shall have the following meanings unless the
context clearly requires otherwise:
Municipal hearing officer”, aperson appointed by the appointing authority of amunicipality to conduct
hearings of alleged code violations pursuant to this chapter.
Unpaid charge”, an unpaid fine incurred as aresult of aviolation of arule, regulation, order, ordinance
or by-law regulating the housing, sanitary or municipal snow and ice removal requirement.
Section 2. This chapter shall take effect in amunicipality upon its acceptance.
Section 3. A municipality that adopts this chapter shall, in the manner provided in this chapter adopt
procedures for the payment of the municipal fines provided in this chapter and may revoke or rescind
any such acceptance.
Section 4. The adoption of procedures for the payment of certain municipal fines under this chapter
shall be by majority vote of the city council or town meeting.
Section 5. Amunicipality shall by ordinances and by-laws provide for the removal of snow and ice from
sidewalks within such portions of the municipality as they consider expedient by the owner of land
abutting such sidewalks. Such ordinances and by-laws shall determine the time and manner of
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ANNUAL TOWN MEETING APRIL 26, 2010
removal and shall affix penalties, not exceeding $200, for each such violation. Such ordinances and by-
laws shall be specific as to the width of the area to be cleared and the standards for clearance.
Section 6. A municipality shall appoint amunicipal hearing officer. The officer shall hear appeals of
violation notices issued within the municipality. The municipal hearing officer may be the same person
appointed as amunicipal hearing officer pursuant to chapter 148A.
Section 7. Amunicipality may implement asystem for the administrative disposition of noncriminal
violations pursuant to section 21D of chapter 40.
Section 8. Every officer and inspector who takes notice of aviolation of arule, regulation, order,
ordinance or by-law regulating the housing, sanitary or snow and ice removal requirement shall
provide the offender with anotice forthwith, which shall be in tag form, to appear before the municipal
hearing officer or the hearings officer’sdesignee during regular office hours, not later than 21 days
after the date of such violation. All tags shall be prepared in triplicate or by the use of an automated
ticketing device and shall be pre-numbered.
Section 9. The tag shall be affixed securely to the building or, for abuilding with an onsite
professionally- managed property office, delivered to the office during normal business hours and shall
contain, but shall not be limited, to: the date, time and place of the violation, the specific violation
charged, the name and badge number of the officer or inspector and his division, aschedule of
payment for established fines and instructions for return of the tag.
Section 10. Within 3business days after completion of each shift, the officer or inspector shall give to
his superior those copies of each notice of aviolation issued during such shift. The superior shall
retain and preserve 1copy and shall, not later than the beginning of the next business day after receipt
of the notice, deliver another copy to the municipal hearing officer before whom the offender has been
notified to appear, unless the ticket was produced by an automated ticketing device, in which case no
duplicate copies need be retained. The municipal hearing officer shall maintain adocket of all such
notices to appear.
Section 11. The municipality shall, by ordinance or by-law, establish aschedule of fines for violations
subject to this chapter committed within the municipality; provided, however, that all such fines shall
be uniform for the same offense committed in the same zone or district, ifany. Afine established
under this chapter shall not exceed the maximum allowable amount under the relevant sections of the
housing or sanitary code or municipal snow and ice removal requirement, excluding late fees.
Section 12. Where anotice of violation is issued for acode violation, the alleged violator, within 21
days, shall return the notice of violation by mail, personally or by an authorized person, to the
municipal hearing officer and shall either: (1) pay in full the scheduled fine by check, postal note,
money order or other legal tender; or (2) request ahearing before the municipal hearing officer. Each
violation issued shall contain astatement explaining the procedure to adjudicate the violation by mail.
Any amounts paid shall be payable to the municipality. If afine remains unpaid for 21 days and no
hearing has been requested, aletter shall be sent to the property owner of record’smailing address
and, if appropriate to the local individual or property management company responsible for the
maintenance of the property, with aprocessing fee of not more than $10, notifying him that the fine
shall be paid within 30 days after receipt of that notice unless within 14 days of receiving that notice
the property owner requests ahearing before the municipal hearing officer and swears in writing under
the pains and penalties of perjury that the property owner did not receive the notice of violation. Ifthe
fine remains unpaid after that 30 day period, additional penalties and interest may be attached.
Thereafter, any fine and additional penalties and interest that may be attached and which remain
unpaid shall become an additional assessment on the property owner’stax bill. Such amount and cost
relative thereto may also be alien upon such real estate as provided in section 42B of chapter 40. A
municipality’ sdetermination of whether to place alien on the property may involve the number of and
the dollar amount of the violations on the property. The property owner of record shall be notified by
certified mail of the lien on the property. No lien shall be removed without notice from the tax collector
that all such matters have been disposed of in accordance with law. Additional charges equal to the
amount required to file the lien and the amount required to release the lien shall be assessed against
the owner of record for the purpose of ensuring that all costs associated with filing and release are
recovered.
Section 13. Any person notified to appear before the municipal hearing officer, as provided herein
may, without waiving the right to ahearing provided by this chapter and without waiving judicial
review as provided in section 14 of chapter 30A, challenge the validity of the violation notice and
receive areview and disposition of the violation from the municipal hearing officer by mail. The
alleged violator may, upon receipt of the notice to appear, send asigned statement of objections to the
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ANNUAL TOWN MEETING APRIL 26, 2010
violation notice as well as signed statements from witnesses, police officers, government officials and
other relevant parties. Photographs, diagrams, maps and other documents may also be sent with the
statements. Any statements or materials sent to the municipal hearing officer for review shall have
attached the person’sname and complete address as well as the ticket number and the date of the
violation. The municipal hearing officer shall, within 21 days after receipt of such material, review the
material and dismiss or uphold the violation and notify the alleged violator by mail of the disposition of
the hearing. If the outcome of the hearing isagainst the alleged violator, the municipal hearing officer
shall explain the reasons for the outcome on the notice. Such review and disposition conducted by mail
shall be informal, the rules of evidence shall not apply and the decision of the municipal hearing officer
shall be final, subject to any hearing provisions provided by this chapter or to judicial review as
provided in said section 14 of said chapter 30A.
Section 14. Notwithstanding section 21D of chapter 40, aperson who desires to contest aviolation of
any ordinance or by-law of amunicipality alleged in anotice to appear, pursuant to violations issued by
amunicipality in accordance with said section 21D of said chapter 40, shall request in writing ahearing
before amunicipal hearing officer. The notice to appear shall be in the format specified in said section
21D of said chapter 40, except that the third copy of the notice shall be submitted to the municipal
hearing officer unless the ticket was produced by an automated ticketing device.
Ifthe alleged violator requests ahearing before the municipal hearing officer in atimely manner, the
municipal hearing officer shall schedule ahearing not later than 45 days after receiving the hearing
request. The municipal hearing officer shall duly notify the alleged violator of the date, time and
location of the hearing. Hearings shall be held on at least 2evenings each month. When ahearing
notice issent, the alleged violator shall be given an opportunity to request arescheduled hearing date.
The municipal hearing officer so designated shall not be an employee or officer of the department
associated with the issuance of the notice of violation.
The municipal hearing officer shall receive annual training in the conduct of administrative hearings.
The hearing and disposition shall be informal and shall follow the rules set forth in chapter 30A. Rules
for judicial proceedings shall not apply. In conducting the hearing, the municipal hearing officer shall
determine whether the violation occurred and whether itwas committed by the person notified to
appear.
Section 15. Aperson aggrieved by adecision of the municipal hearing officer may appeal to the district
court, housing court or other court of competent jurisdiction pursuant to section 21D of chapter 40, on
aform provided by the municipality, and shall be entitled to ade novo hearing before a clerk
magistrate of the court. The court shall consider such appeals under acivil standard. The aggrieved
person shall file the appeal within 10 days after receiving notice of the decision from the municipal
hearing officer who conducted the hearing.
Section 16. Any person who has received anotice of violation issued in accordance with this chapter
who, within the prescribed time, fails to pay the same or fails to request ahearing before the municipal
hearing officer or who fails to appear at the time and place of the hearing, shall be deemed responsible
for the violation as stated in the notice of violation. Such finding of responsibility shall be considered
prima facie evidence of the violation in a civil proceeding regarding that violation and shall be
admissible as evidence in asubsequent criminal proceeding. If aperson fails to appear at the
scheduled hearing without good cause, the appeal shall be dismissed and the violator shall waive any
further right of appeal. Ifthe condition which caused the notice of violation to issue continues to exist,
the finding of responsibility may also be used by amunicipality as prima facie evidence of the existence
of aviolation in any proceeding to suspend or revoke any license, permit or certificate issued by such
municipality relative to that building, structure or premises pending the correction of the condition.
Section 17. All fines, penalties or assessments in actions under this chapter shall be paid to the
general fund of the municipality.
Section 18. In amunicipality that has accepted this chapter, this chapter shall supersede any local
ordinances or by-laws to the contrary.
VOTE: 6-0-0
DISCUSSION: Ashas been the practice atprevious Town Meetings, this Article was placed on the warrant in
anticipation oflegislation that may be inthe General Court (Legislature) and that could benefit theTown ofCanton.
This Article allows the Town tosupport orreject, atTown Meeting, any legislation that emerges from the General
Court prior toTown Meeting. Massachusetts General Law Chapter 40U expands the authority tocollect unpaid
fines that are related toCanton'slocal statutes, specifically those regulating sanitation, housing, and snow and ice
removal. This law amends the procedures forthese fines tobe similar tothose currently inplace forhearings on
parking citations. Itallows appeals tobe handled outside the judicial system, allows penalties for late payments,
allows the town toimpose other sanctions for failure topay fines, and asafinal recourse allows the town toplace a
50 –Source page 51
ANNUAL TOWN MEETING APRIL 26, 2010
lien onaproperty based onthe number and/orthe dollar amount ofthe violations. Asthis law enhances the
town's ability toenforce our current regulations and enhances the town's ability tocollect any fines that have been
imposed, the Finance Committee unanimously supported this article.
APPROVED__________ DISAPPROVED__________
ARTICLE36
INSURANCE PROCEEDS
Article 36 Tosee whether the Town will vote toappropriate allsums over $20,000 recovered under the terms of
any insurance policy and any other insurance proceeds paid tothe Town inconnection with any losses suffered by
the Town during the course ofFY10, ortotake any other action related thereto.
1. Water damage toHigh School curriculum materials and technology – loss exceeds $20,000.
Board of Selectmen for the School Committee
MOVED: That the sum of Twenty Five Thousand Eight Hundred Twenty Five Dollars and Sixty
One Cents ($25,825.61) be transferred from Insurance Reimbursement Fund #173 to School Donations
Fund #184 in connection with losses suffered by the Town during the course of FY 10 from water
damage to High School curriculum materials and technology.
VOTE: 6-0-0
DISCUSSION: While awaiting the insurance settlement, $25,825.61 worth ofrepairs and replacement of
curriculum materials and technology due towater damage atthe high school was paid for byfunds taken from the
school donations account # 184. Town Meeting isthe required tovote and insurance precedes exceeding $20,000.
The Finance Committee unanimously supports the transfer ofthe $25,825.61 from the insurance reimbursement
account back into the school donation funds account.
APPROVED__________ DISAPPROVED__________
ARTICLE37
VOTE TO RESCIND UNUSED BORROWING AUTHORIZATIONS
Article 37 Tosee ifthe town will vote torescind unused borrowing authorizations previously voted bythe
town, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the following unused borrowing authorizations previously voted by the Town be
hereby rescinded:
AUTHORIZED AUTHORIZED AMOUNT TO BE
DATE ARTICLE MOTION PURPOSE AMOUNT RESCINDED
4/30/01 20 11 Water System Improvements $ 484,000 $ 484,000
4/26/04 13 11 Water Resource Management Plan 175,000 175,000
4/25/05 13 17 Water Treatment Facility Design 675,000 66,667
TOTALS $ 1,
334,000 $ 725,667
VOTE: 6-0-0
51 –Source page 52
ANNUAL TOWN MEETING APRIL 26, 2010
DISCUSSION: The Finance Committee unanimously supports Article 37. This Article rescinds borrowing that
was initially approved forWater System Improvements in2001 and aWater Resource Management Plan in2004.
This Article also rescinds $66,667 ofavailable borrowing left over from the Water Treatment Plant Design approved
in2005.
APPROVED__________ DISAPPROVED__________
ARTICLE38
TRANSFER OF FUNDS TO MEET FY 11 APPROPRIATIONS
Article 38 Tosee what sum the Town will vote totransfer from Free Cash inthe treasury tomeet the
appropriations for the ensuing Fiscal Year and toauthorize the Assessors touse in fixing the rate, pass any vote,
ortotake any other action related thereto.
Board of Selectmen
MOVED: That the sum of Two Hundred Thousand Dollars ($200,000) be transferred from Free
Cash in the treasury of the Town to the Stabilization Fund.
VOTE: 6-0-0
DISCUSSION: The town ofCanton borrows hundreds ofthousands ofdollars each year forshort term debt, as
we would doforthe textbooks this year, and long term debt for such things asthe building addition tothe John F.
Kennedy School and the boiler replacement atthe Rodman Education Center. The AAA Bond rating that Canton
has earned by itsprudent budgeting practices has saved the Town thousands ofdollars. Most towns with aAAA
rating have reserve funds totaling 15%ormore oftheir annual revenue. Canton has slightly less than 10%ofits
revenue inreserves. Additionally, Canton has been forced toreduce some reserves tooffset the cuts instate aid
last year and again this year. The Bond Rating Agencies have told usthat acritical factor ingiving usthis excellent
AAA rating isthe fact that Canton has voted toput aside alittle bit, transferring some amount into the stabilization
fund each year forthe last few years, inspite ofdifficult economic times and inspite ofdifficulties inbalancing the
budget. The Finance Committee, attempting topreserve our excellent bond rating, unanimously recommends this
transfer.
APPROVED__________ DISAPPROVED__________
52 –Source page 53
ANNUAL TOWN MEETING APRIL 26, 2010
ARTICLE39
APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL YEAR
Article 39 To see what sums ofmoney the town will vote toraise and appropriate, transfer from any available
funds orborrow from any applicable statute tomeet the expenses ofthe next fiscal year for the various Town
Boards, Committees, Departments and Agencies, ortotake any other action related thereto.
Board of Selectmen
MOVED: That the various sums of money contained in the printed report of the Finance
Committee be raised and appropriated for the various purposes as are enumerated in the said report,
and that certain funds be transferred to meet such appropriation as set forth below, provided however,
that for the purposes of MGL chapter forty-four, section thirty-one (c.44, §31) the individual and
separately numbered items within each account are not to be considered as separate votes but rather
as detail provided only for general information purposes, it being the intention of this vote to have a,
so-called, bottom line budget enabling department heads, with the approval of the Finance Director, to
shift funds from one subsidiary account to another within the total amount available to the department,
office or agency.
VotestoTransferAvailable Funds
WITH AVOTE THAT $2,891,336BETRANSFERRED ASFOLLOWS:
TRANSFER FROMAMOUNTTRANSFER TO
WATER ENTERPRISE FUND$ 668,728PUBLIC WORKS DEPARTMENT
AMBULANCE SERVICE650,000FIRE DEPARTMENT
OVERLAY SURPLUS500,000RETIREMENT BENEFITS
SEWER ENTERPRISE FUND360,181PUBLIC WORKS DEPARTMENT
AMBULANCE SERVICE119,550DEBT SERVICE
SCHOOL FOOD SERVICE115,165SCHOOL DEPARTMENT
SCHOOL GRANTS81,869SCHOOL DEPARTMENT
ANIMAL CONTROL FEES80,000ANIMAL CONTROL DEPARTMENT
RINK ENTERPRISE FUND72,616RECREATION DEPARTMENT
BOND PREMIUM FUND47,461DEBT SERVICE
GREENLODGE STREET PARKING FEES40,000EXECUTIVE OFFICE
SALE OF LOTS/GRAVES40,000CEMETERY MAINTENANCE
IMPROVE BAYBERRY33,426PUBLIC WORKS DEPARTMENT
SALE OF REAL ESTATE23,828DEBT SERVICE
CEMETERY PERPETUAL CARE (EXPENDABLE) 20,000CEMETERY MAINTENANCE
WETLANDS PROTECTION20, 000CONSERVATION COMMISSION
EXCESS STATE AID9,836ETERANS' VSERVICES
SHALER CHARITY8,442VETERANS' SERVICES
POST WAR REHAB234 VETERANS' SERVICES
TOTAL$ 2,891,336
VOTE: 7-0-0
DISCUSSION: Please see the Finance Committee Report tothe Town ofCanton for ATM 2010 atthe front ofthis
warrant for adiscussion ofthe FY2011 operating budget.
APPROVED__________ DISAPPROVED__________
53 –Source page 56
ANNUAL TOWN MEETING APRIL 26, 2010
TOWN OFCANTON
CAPITAL PLANNING COMMITTEE
5-YEAR SPENDING PLAN FOR MUNICIPAL DEPARTMENTS
FISCAL YEARS 2011-2015( 000's OMITTED)
MUNICIPAL DEPARTMENTS
LEVYPROP 2/12
EXPENDITURE CATEGORY CASHDEBTDEBT
POLICE - VEHICLE REPLACEMENTS 692
POLICE - COMPUTER SOFTWARE/HARDWARE 57
POLICE - EQUIPMENT REPLACEMENT 110
FIRE - TRUCK REPLACEMENTS 310
FIRE - VEHICLE REPLACEMENTS 160
FIRE - SPACE NEEDS - THIRD FIRESTATION 3,500
DPW - VEHICLE REPLACEMENTS 130680
DPW - TECHNOLOGY 70
DPW - EQUIPMENT REPLACEMENT 15417
DPW - BUILDINGS & GROUNDS REPAIRS/IMPROVEMENTS 55340
DPW - SPACE NEEDS - PUBLIC WORKS GARAGE 10,000
DPW - 5-YEAR ROADWAY MAINTENANCE PROGRAM 12,500
DPW - SIDEWALK PROGRAM 4,500
DPW - TURNPIKE STREET (RTE. 138) 8,300
DPW - EAST WEST ROAD 13,000
DPW - SHEPARD'SPOND DAM 1,400
COUNCIL ONAGING - VEHICLE REPLACEMENTS 110
COUNCIL ONAGING - SENIOR CENTER 3,500
BLDGS. & PROPERTY MAINTENANCE. - VEHICLE REPLACEMENTS 24
RECREATION - VEHICLE REPLACEMENTS 105
RECREATION - EQUIPMENT REPLACEMENT 20
RECREATION - POOL REHABILITATION 30
RECREATION - BUILDINGS & GROUNDS/IMPROVEMENTS 59
TECHNOLOGY - HARDWARE/SOFTWARE/TRAINING/REPLACE SERVERS 283
TECHNOLOGY - COPIERS 20
LIBRARY - TECHNOLOGY - WORKSTATIONS/HARDWARE/SOFTWARE 36
LIBRARY - EQUIPMENT - FURNISHINGS 15
LIBRARY - BUILDING REPAIRS/IMPROVEMENTS/SPACE NEEDS 153
GRAND TOTAL PROPOSED EXPENDITURES2, 1441,74756,700
AVAILABLE CAPITAL CAPACITY 2,
1441,7500
AVAILABLE CAPITAL CAPACITY OVER/(SHORT) 03(
56,
700)
MUNICIPAL DEPARTMENTS - SELF-SUPPORTED FUNDS
EXPENDITURE CATEGORY CASH DEBT
AMBULANCE SELF-SUPPORTED FUND
AMBULANCE REPLACEMENT 457
GRAND TOTAL PROPOSED EXPENDITURES - AMBULANCE 0 457
56 –Source page 57
ANNUAL TOWN MEETING APRIL 26, 2010
TOWN OFCANTON
CAPITAL PLANNING COMMITTEE
5-YEAR SPENDING PLAN FOR ENTERPRISE FUNDS
FISCAL YEARS 2011-2015( 000's OMITTED)
ENTERPRISE FUNDS
EXPENDITURECATEGORY CASHDEBT
WATER ENTERPRISE
WATER TOWER - MAINTENANCE 240
HYDRAULIC IMPROVEMENTS - VALVE AND HYDRANT REPLACEMENT 700
WATER SYSTEM CIP - HYDRAULIC MODEL 70
Year 2 WATER SYSTEM IMPROVEMENTS - A&E 175
Year 2 WATER SYSTEM IMPROVEMENTS - REVERE ST., REVERE CT., LINCOLN AVE 700
Year 3 WATER SYSTEM IMROVEMENTS - A&E 80
Year 3 WATER SYSTEM IMPROVEMENTS - CHAPMAN ST., BEATTY ST. 335
Year 4 WATER SYSTEM IMPROVEMENTS - A&E 285
Year 4 WATER SYSTEM IMPROVEMENTS - Mechanic St., Rockland St., Belcher St., Howard St. 2,320
Year 5 WATER SYSTEM IMPROVEMENTS - A&E 160
WELL #10 REPLACEMENT 187
ASSET MANAGEMENT SYSTEM 125
METER REPLACEMENT 1,756
VEHICLE REPLACEMENTS - ROLLING STOCK 102
GRAND TOTAL PROPOSED EXPENDITURES - WATER 707,165
SEWER ENTERPRISE
PHASE 6 -INFILTRATION AND INFLOW 500
PHASE 7 -INFILTRATION AND INFLOW 1,000
SEWER SYSTEM EXTENSION - CONSTRUCTION - PALMER STREET 3,200
SEWER SYSTEM EXTENSION - GRAND STREET 700
SEWER SYSTEM EXTENSION - WAYSIDE LANE 4,800
SEWER SYSTEM EXTENSION - LEDGEWOOD DRIVE 5,600
SEWER SYSTEM EXTENSION - YORK STREET 4,100
SEWER SYSTEM EXTENSION - WESTDALE ROAD 1,500
SEWER SYSTEM EXTENSION - GLEN ECHO POND - A &E 2,100
SEWER SYSTEM EXTENSION - GLEN ECHO POND - CONSTRUCTION 12,500
COMPREHENSIVE WATER RESOURCE MANAGEMENT PLAN - SEWER COMPONENT 200
TECHNOLOGY - ASSET MANAGEMENT SYSTEM 125
GRAND TOTAL PROPOSED EXPENDITURES - SEWER20036,125
SKATING RINK ENTERPRISE
REHAB BLEACHER SYSTEM 20
ROOF REPAIRS 20
REPLACE DEHUMIDIFIER 35
UPGRADE BACK-UP ZAMBONI 85
GRAND TOTAL PROPOSED EXPENDITURES - SKATING RINK7585
GRAND TOTAL - ALL ENTERPRISE ACCOUNTS34543,375
57 –Source page 58
ANNUAL TOWN MEETING APRIL 26, 2010
TOWN OFCANTON
CAPITAL PLANNING COMMITTEE
5-YEAR SPENDING PLAN FORSCHOOL COMMITTEE
FISCAL YEARS 2011-2015
000's OMITTED)
SCHOOL COMMITTEE
LEVY
EXPENDITURE CATEGORY CASHDEBT
SYSTEM - HVAC REPLACEMENTS ( Multi year Master Plan) 560
SYSTEM - PLUMBING IMPROVEMENTS ( including ADA requirements) 79
SYSTEM - TECHNOLOGY ( Including telephone system & voice messaging) 1,319
SYSTEM - EXTRAORDINARY MAINTENANCE 0
SYSTEM - SCHOOL BUS REPLACEMENTS 148
SYSTEM - VEHICLE REPLACEMENTS 34
GMS/ELEMENTARY - PROGRAM IMPROVEMENT 238
SYSTEM - FURNITURE/ FIXTURE REPLACEMENT 16
SYSTEM - BUILDING IMPROVEMENTS 40
SYSTEM - LIGHTING UPGRADES 108
RODMAN/ HS ROOF REPLACEMENT/ REPAIRS ( per Roof Condition Survey) 600
RODMAN BUILDING A -BOILER REPLACEMENT 130
JFK - SPACE NEEDS 899
GRAND TOTAL PROPOSED EXPENDITURES1,7952,376
AVAILABLE CAPITAL CAPACITY2,0162,713
AVAILABLE CAPITAL CAPACITY OVER/(SHORT) 221337
58 –Source page 60
PRSRT STD
U.S.POSTAGE PAID
PERMIT NO. 20
CANTON, MA
FINANCECOMMITTEE
TOWNHALL
801WASHINGTONSTREET
CANTON, MA 02021
CAR-RTSORT
RESIDENT
CANTON, MA 02021