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HomeMy WebLinkAbout2017-11-16 Subsequent Town Meeting Minutes SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center The meeting was called to order by the Moderator, Alan E. Foulds, at 7:35 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all. Motion made by John Arena, Board of Selectmen to dispense of the reading of the warrant and all motions in their entirety. Motion Carried Personnel Privilege was made by Bill Brown, Precinct 8 - 100 years ago today the Town of Reading established Memorial Park. ARTICLE 9: To see if the Town will vote to amend the General Bylaw as follows: Starting at section Q from adjourned November 13, 2017 session Q Amend the first sentence of Section 3.3.2.2 (Recommendation to Town Meeting) by: 1 Deleting the first word "The" in the first sentence and inserting, in place thereof, the words "Unless otherwise stipulated in the Charter, the." 2 Inserting the words "or Subsequent' after the word "Annual." R Amend Section 3.3.3 (Bylaw Committee) by 1 Deleting the word "bylaw" from the first sentence, and inserting, in place thereof, the words "Charter, this bylaw, Special Acts or local acceptance of State statutes." 2 Inserting, at the end of the first sentence, the words "and may also report on proposed changes to the Zoning Bylaw." 3 Deleting the words "included in the Finance Committee report" from the second sentence, and inserting, in place thereof, the words "made available in the same manner." S Delete the title of Section 3.3.5.2 (Selection of Audit Firm), and insert, in place thereof, a new title, "Duties." T Delete the words "Section 6-4 of the Charter" from Section 5.2 (Resolution of Legal Matters) and insert, in place thereof, the words "Section 6.4 of the Charter." U Amend all provisions of Section 5.3.1 (Procedure for Adoption) by deleting the words "Section 8-7 of the Charter" wherever they appear, and inserting, in place thereof, the words "Section 8.7 of the Charter." age SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center V Amend the second sentence of Section 5.3.3 (Filing of Approved Rules and Regulations) by deleting the words "Section 8-8 of the Charter," and inserting, in place thereof, the words "Section 8.8 of the Charter." or take any other action with respect thereto. Background: The Bylaw Committee has suggested a series of small changes to the General Bylaws to bring them into compliance with the revised Town Charter. No substantive changes are suggested in the various sections cited above or below. Finance Committee Report: No report Bylaw Committee Report: At their meeting on October 25, 2017 the Bylaw Committee voted 4-0- 0 to recommend this Article (as amended) to Town Meeting. Motion Carried as Amended David Zeek recognized Ronald D'Addario, Precinct 6 for his service on the Climate Committee and his contributions the work of Article 10 ARTICLE 10: Motion made by the Board of Selectmen that the Town vote to amend the General Bylaw as follows: A Insert a new Section 8.13 as follows: 8.13 REGULATION OF RETAIL CHECKOUT BAGS 8.13.1 Purpose The purpose of this Section is to regulate the retail use of plastic bags and adopt the use of reusable, recyclable and/or biodegradable bags for use at checkout. 8.13.2 Definitions The following words shall, unless the context clearly requires otherwise, have the following meanings: 8.13.2.1 Checkout Bag, a carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store. 8.13.2.2 Compostable Plastic Bag, a plastic bag that: (1) conforms to the current ASTM D6400, the ASTM International "Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities" for compostability; (2) is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conforms to any other standards deemed acceptable by the Director. 8.13.2.3 Director, DPW Director or the DPW Director's designee. 8.13.2.4 Recyclable Paper Bag, a paper bag that is: (1) 100 percent recyclable; and (2) contains at least 40% post-consumer recycled paper content and is clearly labeled as such. 8.13.2.5 Reusable Checkout Bag, a bag with handles that: (1) can carry twenty-five (25) pounds over a distance of three hundred (300) feet; and (2) is either (a) made of cloth or other zirzgz SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center machine washable fabric, or (b) made of plastic that is durable, non-toxic, and generally considered a food-grade material other than polyethylene or polyvinyl chloride, and that is at least three (3) mils thick. 8.13.2.6 Retail Establishment, any commercial enterprise including, but not limited to the following: restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, household goods stores and any other business that offers the sale and display of merchandise. 8.13.2.7 Single-Use Plastic Checkout Bags, any plastic bag less than 3 mils thick. 8.13.3 Regulation 8.13.3.1 If any Retail Establishment provides plastic Checkout bags to customers, the plastic Checkout bags shall comply with the standards for Compostable plastic bags. 8.13.3.2 If a Retail Establishment provides Checkout bags, the Checkout bags shall be Reusable checkout bags, Compostable plastic bags or Recyclable paper bags. Retail Establishments are encouraged to make Reusable bags available for free or for sale to customers at a reasonable price. 8.13.3.3 Except as otherwise provided herein, Single-use plastic checkout bags shall not be distributed, used or sold for checkout or other purposes at any Retail Establishment within the Town of Reading. Existing stocks of Single-use checkout bags shall be phased out within six (6) months following the effective date of Section 8.13. 8.13.3.4 The following are exempt and not subject to the provisions of Section 8.13: o Bags used by customers to: • package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; • contain or wrap frozen foods, meat, or fish; • contain or wrap Flowers, potted plants, or other items where dampness may be a problem; and o Laundry or dry-cleaning bags or bags sold in packages containing multiple bags intended to be used for home food storage, garbage, waste, pet waste or yard waste. 8.13.4 Administration and Enforcement 8.13.4.1 The Director shall have the authority to administer and enforce Section 8.13. In addition to any other means of enforcement, the provision of Section 8.13 and any regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.8 and MGL Chapter 40 Section 21D. 8.13.4.2 Retail Establishments shall have fifteen (15) calendar days, after the date that a notice of violation is issued, to pay the penalty or request a hearing in writing to the Director. No more than one (1) penalty shall be imposed upon a Retail Establishment within a fifteen (15) calendar-day period. 8.13.4.3 In the event that compliance with Section 8.13 is not feasible for a Retail Establishment because of either unavailability of suitable Checkout bags or economic hardship, the Director may grant a waiver of not more than six (6) months upon application of the owner or owner's representative. The Director may provide one (1) additional six-month waiver upon showing of continued infeasibility or hardship, as set forth above. 3l gage SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center 8.13.4.4 The Director may promulgate rules and regulations to implement Section 8.13. and B Amend the Table set forth in Section 1.8 (Non-Criminal Civil Disposition of Certain Violations of the Bylaw and any Rule or Regulation of a Town Officer, Board or Department) by adding, after line 8.12, a new line as follows: Regulation of Director of 8.13 Retail Checkout public Works Warning $50 $200 Ba s Background: On May 4, 2017, Reading's Annual Town Meeting passed this instructional motion: "Move that Town Meeting direct the Climate Advisory Committee to explore options and to draft a bylaw to regulate the use of single-use, thin-film plastic bags in Reading in accordance with similar practices across Massachusetts and in consultation with stakeholders in Reading and to present the proposed bylaw for consideration at the next Subsequent Town Meeting." This proposed new bylaw is offered by the Climate Advisory Committee (CAC) in response to that motion. Please nate that the CAC, with the approval of the Moderator, will request that the main motion reflect the following changes to the wording formally closed by the Selectmen as part of this Warrant: Delete section 8.13.2.4 in its entirety, and renumber subsequent sections Delete related wording in 8.13.3.1 and 8.13.3.2 as shown below: 8.13.3.1 If any Retail Establishment provides plastic Checkout bags to customers, the plastic Checkout bags shall comply with the standards for Compostable plastic bags and Pear Re degradable plastic bags. 8.13.3.2 If a Retail Establishment provides Checkout bags, the Checkout bags shall be Mafine Reusable checkout bags, Compostable plastic bags or Recyclable paper bags. Retail Establishments are encouraged to make Reusable bags available for free or for sale to customers at a reasonable price. The production and use of single-use, thin film, plastic bags have significant effects on the marine and land environment, including but not limited to: • Killing marine and terrestrial animals through ingestion and entanglement • Polluting the land and coastal environment through improper disposal • Clogging storm drainage systems • Adding to our solid waste and entangling recycling equipment American families take home 1,500+ plastic bags a year. Americans throw away more than 100 billion plastic bags a year. Plastic bags don't decompose. Over hundreds of years, they break into smaller and smaller pieces. The stated purpose of this bylaw is, "to regulate the retail use of plastic bags and adopt the use of reusable, recyclable and/or bio-degradable bags for use at checkout." The underlying purpose is to encourage shoppers to bring their own bags for use at checkout and, in support of that, to encourage 41 Page SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center businesses to provide or sell reusable or recyclable bags in lieu of single-use, thin-film plastic, checkout bags. The specific requirements of this proposal were developed through an analysis of similar plastic bag bylaws adopted by other municipalities across Massachusetts. At the time of the Annual Meeting, 52 Massachusetts municipalities had passed bylaws or ordinances addressing plastic, checkout bags. Today, 61 municipalities have done so. The intent of this bylaw was shared with retail establishments in Reading. The typical response was that establishments are not especially concerned about adapting. Many customers already bring their own bags. Some retail establishments use paper bags exclusively, and so, would see no effect. A few of the chain businesses deferred to their corporate offices, but those businesses have already had to deal with similar bylaws in other communities. The bylaw has been shared with Reading residents through the Web, contact with community groups, and especially at an informational meeting held on October 24. The proposed bylaw prohibits the use, by retail establishments, of checkout bags less than 3 mil thick. Instead it provides that if a retail establishment provides checkout bags, those checkout bags will be reusable or compostable plastic bags or recyclable paper bags. Retail establishments are encouraged to make reusable bags available for free or for sale to customers at a reasonable price. Reading residents should be prepared to pay for reusable checkout bags that they don't bring on their own accord. The proposed bylaw addresses checkout bags. It does not regulate all plastic bags; it does not solve the whole "plastic" problem; and it has no effect on the bags that residents bring for checkout. For example, it does not regulate: • Laundry or dry cleaning bags • Bags to package bulk items, such as fruit, candy, or small hardware items • Bags to contain or wrap food, flowers, plants, etc. • Bags sold in bulk for food storage, garbage, yard waste, etc. This bylaw assigns administration and enforcement to the Department of Public Works (DPW). However, enforcement is fairly light. The DPW can issue a 6-month waiver for businesses that need time to adapt. The DPW can issue an additional 6-month waiver to businesses that need even more time. When enforcement means non-criminal fines, no more than one fine will accrue in a 15-day period. This is not typical bylaw enforcement. But, again, the underlying purpose of this bylaw is to change the behaviors and expectations of shoppers in Reading, not to closely control businesses Presentation given by: . David Zeek - See Attached Finance Committee Repo K: No report Bylaw Committee Report: At their meeting on October 25, 2017 the Bylaw Committee voted 4-0- 0 to recommend this Article as presented to the Committee to Town Meeting. Below is a complete copy of the motion as presented to Town Meeting on November 16, 2017, changes had been made by the Climate Committee after the printing of the Warrant: A Insert a new Section 8.13 as follows: 8.13 REGULATION OF RETAIL CHECKOUT BAGS 8.13.1 Purpose S I P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center The purpose of this Section is to regulate the retail use of plastic bags and adopt the use of reusable, recyclable and/or biodegradable bags for use at checkout. 8.13.2 Definitions The following words shall, unless the context clearly requires otherwise, have the following meanings: 8.13.2.1 Checkout Bag, a carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store. 8.13.2.2 Compostable Plastic Bag, a plastic bag that: (1) conforms to the current ASTM D6400, the ASTM International "Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities" for compostability; (2) is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conforms to any other standards deemed acceptable by the Director. 8.13.2.3 Director, DPW Director or the DPW Director's designee. 8.13.2.4 Recyclable Paper Bag, a paper bag that is: (1) 100 percent recyclable; and (2) contains at least 40% post-consumer recycled paper content and is clearly labeled as such. 8.13.2.5 Reusable Checkout Bag, a bag with handles that: (1) can carry twenty-five (25) pounds over a distance of three hundred (300) feet; and (2) is either (a) made of cloth or other machine washable fabric, or (b) made of plastic that is durable, non-toxic, and generally considered a food-grade material other than polyvinyl chloride, and that is at least three (3) mils thick. 8.13.2.6 Retail Establishment, any commercial enterprise including, but not limited to the following: restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, household goods stores and any other business that offers the sale and display of merchandise. 8.13.2.7 Single-Use Plastic Checkout Bags, any plastic bag less than 3 mils thick. 8.13.3 Regulation 8.13.3.1 If a Retail Establishment provides Checkout bags, the Checkout bags shall be Reusable checkout bags or Recyclable paper bags. Retail Establishments are encouraged to make Reusable bags available for free or for sale to customers at a reasonable price. 8.13.3.2 Except as otherwise provided herein, Single-use plastic checkout bags shall not be distributed, used or sold for checkout or other purposes at any Retail Establishment within the Town of Reading. Existing stocks of Single-use checkout bags shall be phased out within six (6) months following the effective date of Section 8.13. 8.13.3.3 The following are exempt and not subject to the provisions of Section 8.13: o Bags used by customers to: • package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; • contain or wrap frozen foods, meat, or fish; • contain or wrap flowers, potted plants, or other items where dampness may be a problem; and 6lrage SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center o Laundry or dry-cleaning bags or bags sold in packages containing multiple bags intended to be used for home food storage, garbage, waste, pet waste or yard waste. 8.13.4 Administration and Enforcement 8.13.4.1 The Director shall have the authority to administer and enforce Section 8.13. In addition to any other means of enforcement, the provision of Section 8.13 and any regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.8 and MGL Chapter 40 Section 21D. 8.13.4.2 Retail Establishments shall have fifteen (15) calendar days, after the date that a notice of violation is issued, to pay the penalty or request a hearing in writing to the Director. No more than one (1) penalty shall be imposed upon a Retail Establishment within a fifteen (15) calendar-day period. 8.13.4.3 In the event that compliance with Section 8.13 is not feasible for a Retail Establishment because of either unavailability of suitable Checkout bags or economic hardship, the Director may grant a waiver of not more than six (6) months upon application of the owner or owner's representative. The Director may provide one (1) additional six-month waiver upon showing of continued infeasibility or hardship, as set forth above. 8.13.4.4 The Director may promulgate rules and regulations to implement Section 8.13. and B Amend the Table set forth in Section 1.8 (Non-Criminal Civil Disposition of Certain Violations of the Bylaw and any Rule or Regulation of a Town Officer, Board or Department) by adding, after line 8.12, a new line as follows: Regulation of Director of 8.13 Retail Checkout public Works Warning $50 $200 Bags Motion made by Jenifer Hillery, Precinct 7 to amend 8.13.4.4 as follows: 8.13.4.4 The Director may promulgate established procedures w{es-and regulations to implement Section 8.13. Motion to Amend Does Not Carry Motion made by Nicholas Boivin, Precinct 7 to amend 8.13.2.7 as follows: 8.13.2.7 Single-Use Plastic Checkout Bags, any plastic Checkout bag less than 3 mils thick. Motion Carried Motion made by Nicholas Boivin, Precinct 7 to amend 8.13.4.1 as follows: 7i Page SUBSEQUENT TOWN MEETING Reading Memorial High School November 16, 2017 Performing Arts Center 8.13.4.1 The Director shall have the authority to administer Section 8.13 and enforce against violations thereof by a Retail Establishment. In addition to any other means of enforcement, the provision of Section 8.13 and any regulations adopted pursuant thereto may be enforced by non-criminal disposition in accordance with the provisions of Section 1.8 and MGL Chapter 40 Section 21D. Motion Carried Motion made by Jack Russell, Precinct 3 to amend 8.13.2.4 as follows: 8.13.2.4 Recyclable Paper Bag, a paper bag, preferably with handles, that is: (1) 100 percent recyclable; and (2) contains at least 40% post-consumer recycled paper content and is clearly labeled as such. After a question of the Moderator call that the motion does not carry a counted vote was taken Counted Vote 61 Voted in the affirmative 68 Voted in the negative 145 Town Meeting Members in Attendance Motion Does Not Carry Motion made by John Arena, Precinct 1 to amend 8.13.3.4 as follows: 8.13.3.4 The following are exempt and not subject to the provisions of Section 8.13: o Bags provided by Retail Establishment or used by their customers to: • package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; • contain or wrap frozen foods, meat, or fish; • contain or wrap flowers, potted plants, or other items where dampness may be a problem; and o Laundry or dry-cleaning bags or bags sold in packages containing multiple bags intended to be used for home food storage, garbage, waste, pet waste or yard waste. Motion Does Not Carry Motion made by Jonathan Barnes, Precinct 5 to amend 8.13.3.1 as follows: 8.13.3.1 If a Retail Establishment provides Checkout bags, the Checkout bags shall be Reusable checkout bags or Recyclable paper bags. Retail Establishments are encouraged to provide Recyclable paper bags for free and to make Reusable bags available for free or for sale to customers at a reasonable price. Motion Does Not Carry Motion made by Gary Phillips, Precinct 7 to Indefinitely Postpone Article 10 811.' e SUBSEQUENT TOWN MEETING Reading Memorial Nigh School November 16, 2017 Performing Arts Center Motion to Indefinitely Postpone Does Not Carry Motion made by Bill Brown, Precinct 8 to end debate on Indefinite Postponement only 2/3rds Vote Required 129 Voted in the affirmative 9 Voted in the negative 145 Town Meeting Members in Attendance Motion Carried Motion made by Andrew Friedmann, Precinct 4 to amend 8.13.3.2 as follows 8.13.3.2 Except as otherwise provided herein, Single-use plastic checkout bags shall not be distributed, used or sold for checkout or other purposes by at any Retail Establishment within the Town of Reading. Existing stocks of Single-use checkout bags shall be phased out within six (6) months following the effective date of Section 8.13. Motion Carried Motion made by Jennifer Hillery, Precinct 7 to amend as 8.13.4.1 follows 8.13.4.1 The Director shall have the authority to administer Section 8.13 and enforce against violations thereof by a Retail Establishment. In addition to any other lawful means of enforcement, the provision of Section 8.13 and any regulat ens adopted PUFSUaHt theFete may be enforced by non-criminal disposition in accordance with the provisions of Section 1.8 and MGL Chapter 40 Section 21D. Motion Does Not Carry Motion made by Daniel Dewar, Precinct 3 to amend this Article to include for the following text 8.13.5 Effective Date 8.13.5.1 Section 8.13 shall not take effect until approved by the voters at a Town Election. Motion Does Not Carry Motion made by Barry Berman, Precinct 4 to move the question Counted Vote 117 Voted in the affirmative 13 Voted in the negative 145 Town Meeting Members in Attendance Motion Carried 9i Page SUBSEQUENT TOWN MEETING Reading Memorial Nigh School November 16, 2017 Performing Arts Center After some discussion a vote was taken: Main Motion Carried as Amend ARTICLE 2: On motion by John Arena, Board of Selectmen, Article was taken off the table. To choose all other necessary Town Officers and Boards or Committees and determine what instructions shall be given Town Officers and Boards or Committees, and to see what sum the Town will vote to appropriate by borrowing or transfer from available funds, or otherwise, for the purpose of funding Town Officers and Boards or Committees to carry out the instructions given to them, or take any other action with respect thereto. Instructional Motion submitted by Bill Brown, Precinct 8 Move that the Board of Selectmen instruct the Town Manager to place on the Capital Improvement Plan the sum of Two Million Five Hundred Thousand dollars by debt or otherwise for the construction of a Cemetery Building in the fiscal year 2019. Motion Does Not Carry Instructional Motion submitted by Demetra Tseckares, Precinct 4 Direct the Bylaw Committee in Conjunction with the Board of Selectmen to remove gendered language from the General Bylaw and the Charter. Provide progress and projected finish date to Town Meeting in the April 2018 session. By the April 2018 Town Meeting have a motion for changing Board of Selectmen to Select Board or recommended gender neutral title. Counted Vote 66 Voted in the affirmative 52 Voted in the negative 145 Town Meeting Members in Attendance Motion Carried John Arena, Board of Selectmen moved to adjourn the 2017 Subsequent Town Meeting adjourn sine die at 10:45 PM with 145 Town Meeting Members in attendance. Motion Carried A true copy Attest: Laura A Gemme, CMC / CMMC Town Clerk 10 l I a , .