Special Town Meeting - September 14, 2020
SPECIAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
BRISTOL, ss
To either of the Constables of the Town of Raynham, in the County of Bristol, GREETING.
IN THE NAME OF THE Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet at the RAYNHAM MIDDLE SCHOOL in said Raynham, on Monday, the 14th day of September, Two Thousand and Twenty and 6:00 o’clock in the evening, then and there to act on the following Articles:
ARTICLE 1.To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of Massachusetts under the provisions of the “Home Rule” amendment to the Massachusetts Constitution for the adoption of a special act which would increase the number of Selectmen from 3 to 5; or take any action relative thereto.
(Submitted by the Board of Selectmen)
ARTICLE 2.To see if the Town will vote to amend the Raynham Zoning By-Laws to create the position of an Associate member for the Planning Board, as a Special Permit Granting Authority, in accordance with M.G.L. Chapter 40A, Section 9. The one-year position shall be appointed by the Board of Selectmen. The chairman of the planning board may designate the associate member to sit on the board for the purposes of acting on a special permit application or site plan approval, in the case of absence, inability to act, or conflict of interest, on the part of any member of the planning board or in the event of a vacancy on the board. Any vacancy in the office of the Associate member will be filled by a vote of the Board of Selectmen, or take any action relative thereto.
(Submitted by the Board of Selectmen)
ARTICLE 3.To see if the Town will vote to amend the Town of Raynham General By-Laws, or take any action relative thereto, by adding a new section:
Section 2/46 SINGLE-USE STYROFOAM PACKAGING
2/46 – Subsection 1. Definitions.
1. “Packaging” shall mean all food and beverage related wrappings, bags, boxes and containers.
2.”Styrofoam” shall mean single-use expandable polystyrene foam products including but not limited to cups, bowls, plates, takeout containers and trays.
3. “Retail Food and /or Beverage Establishment” shall mean any restaurant, food operation public or private, or any other place, other than a private residence, where food and drink is prepared or served, with or without charge, for consumption on or off the premises, including any catering establishment or any eating place, whether fixed or mobile, restaurant, bar, cafe, cafeteria, public or private school, hospital, private club, coffee shop, sandwich stand, or any other type of food service operation.
4. “Prepared food” shall mean ready for immediate consumption
5. “Board of Health” shall mean any entity serving as such or their authorized agent
2/46 - Subsection 2. Prohibition.
No retail food and/or beverage establishment located and doing business within the Town of Raynham shall sell or convey prepared food or beverage directly to consumers within the Town of Raynham if such food and/or beverage is placed, packaged or wrapped in Styrofoam.
2/46 - Subsection 3. Temporary Waiver
The Board of Health may grant a one-time temporary waiver of 6 months if the applicant can show, in writing that compliance would create an undue financial hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown.
2/46 - Subsection 4. Enforcement
Enforcement of this by-law shall be the responsibility of the Board of Health.
2/46 - Subsection 5. Regulations
The Board of Health may issue and promulgate such rules and regulations as may be necessary to implement and carry out the provision of this law.
2/46 - Subsection 6. Violation.
Violation of the SINGLE-USE STYROFOAM PACKAGING By-law shall result in the following penalties payable to the Town of Raynham:
1st offense -Written Warning;
2nd offense - $200 per day;
3rd offense and each subsequent offense - $400 per day.
2/46 - Subsection 7. Effective Date.
This by-law shall take effect on January 1, 2021
Note: This article was originally presented by Citizen Petition at the 2020 Annual Town Meeting and was dismissed due to the COVID-19 pandemic. For this reason, it is submitted by the Board of Selectmen to the Special Town Meeting Warrant. Submission by the Board of Selectmen does not constitute support of the Article by the Board.
(Submitted by Board of Selectmen)
ARTICLE 4.To see if the Town of Raynham will vote to amend the General Bylaws by adopting a bylaw, or take any action relative thereto, entitled “Reduction of Single-Use Plastic Bags” as follows:
SECTION 1- FINDINGS AND INTENT
FINDINGS:
- Thin plastic bags are harmful to the environment and waterways and therefore contribute to the potential death of marine and other wildlife.
- Thin plastic bags clog storm drains and litter public places, beaches, and local waterways and contribute to the overall volume of solid waste.
- Thin plastic bags are made from fossil fuels, a non-renewable resource.
- Thin plastic bags are not biodegradable or compostable, are not acceptable in Raynham’s transfer station, and only a small percentage are returned to stores for recycling.
- Thin plastic bags break down into micro-plastics which enter our waters, soil and air and pollute our food chain and endanger our health.
- Currently 122 Cities and Towns in Massachusetts have passed plastic bag bans, and more have bylaws pending.
INTENT:
The Town of Raynham hereby enacts this bylaw to help reduce the deterioration of the environment and the ensuing potential health risks by eliminating bags at the point of sale and promoting the use of reusable bags.
SECTION 2- DEFINITIONS
PLASTIC CARRYOUT BAG: A plastic carryout bag is a thin film plastic bag with handles provided to a customer by an establishment and used to transport merchandise from the establishment. Plastic carryout bags do not include those plastic bags typically without handles used to contain dry cleaning, newspapers, or small bags used to contain meat, produce, or other products provided to the consumer, free of charge, to deliver items to the point of sale.
REUSABLE CARRYOUT BAG: A bag with stitched on handles that is made solely of or in a combination of natural cloths, synthetic fibers, or other washable material and is specifically designed for multiple reuse. These bags are generally sold to the customer for a reasonable cost.
RECYCLABLE PAPER BAG: A paper bag that is 100% recyclable and contains at least 40% post-consumer recycled paper content and is provided free of charge to the customer.
ESTABLISHMENT: An establishment means any business selling food, goods, articles, or personal services to the public.
SECTION 3- PLASTIC CARRYOUT BAG PROHIBITION
No establishment in the town of Raynham, as defined in Section 2, shall provide thin plastic carryout bags, as defined in Section 2. Establishments in the town of Raynham, as defined in Section 2, shall only provide reusable carryout bags that comply with the definition in Section 2, or recyclable paper bags, as defined in Section 2, at the point of sale.
SECTION 4- ENFORCEMENT
All of the requirement set forth in this bylaw shall take effect within 30 days of the approval of the bylaw by the Office of the Massachusetts State’s Attorney General and satisfaction of the posting/publication requirements of G.L.c.40, 32. However, if a retail establishment cannot comply with the effective date of this bylaw due to economic hardship, the establishment may petition the Board of Health for an extension of six months.
This bylaw may be enforced by any agent of the Board of Health by:
- Inspection and investigation
- The issuance of violation notices and administrative orders
- Civil court actions
Whoever, himself or by his servant of agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations may be penalized by a non-criminal disposition process as provided in M.G.L.c.4,21D. Each day of violation after written notice is a separate violation.
The following penalties shall apply:
First offense- written warning
Second offense- $50 fine
Third offense - $100 fine
Subsequent offenses- $200 fine
SECTION 5- SEVERABILITY
If any provision of this bylaw shall be held to be invalid by a court of jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this bylaw, which shall remain in full force and effect.
Note: This article was originally presented by Citizen Petition at the 2020 Annual Town Meeting and was dismissed due to the COVID-19 pandemic. For this reason, it is submitted by the Board of Selectmen to the Special Town Meeting Warrant. Submission by the Board of Selectmen does not constitute support of the Article by the Board.
(Submitted by Board of Selectmen)
ARTICLE 5.To see if the Town will vote to create a town by-law which requires all elected town officials to attend the Annual Town Meeting, the Fall Town Meeting and any Special Town Meetings as required by the Town of Raynham, or take any action relative thereto.
Note: This article was originally presented by Citizen Petition at the 2020 Annual Town Meeting and was dismissed due to the COVID-19 pandemic. For this reason, it is submitted by the Board of Selectmen to the Special Town Meeting Warrant. Submission by the Board of Selectmen does not constitute support of the Article by the Board.
(Submitted by Board of Selectmen)
ARTICLE 6.To see if the Town will vote to create a town by-law to establish Term Limits for all elected town offices. The limits should be established as follows:
- Offices with a three (3) year term shall be limited to a total of four (4) terms.
- Offices with a five (5) year term shall be limited to a total of three (3) terms.
Officers currently in office who have already achieved the term limit of their office will not be ineligible for reelection when their current term expires, or take any action relative thereto.
Note: This article was originally presented by Citizen Petition at the 2020 Annual Town Meeting and was dismissed due to the COVID-19 pandemic. For this reason, it is submitted by the Board of Selectmen to the Special Town Meeting Warrant. Submission by the Board of Selectmen does not constitute support of the Article by the Board.
(Submitted by Board of Selectmen)
ARTICLE 7.To see if the Town of Raynham will vote to raise, appropriate, and/or transfer the sum of Eleven Thousand Nine Hundred Seventy-three Dollars and 25 Cents ($11,973.25) for the purpose of repairing a sinkhole located at the Merrill Elementary School or take any action relative thereto.
(Submitted by the Bridgewater-Raynham School Board)
ARTICLE 8.To see if the Town of Raynham will vote to raise, appropriate, and/or transfer the sum of Two Thousand Five Hundred Dollars ($2,500) for the purpose of funding a second hazardous waste day coordinated by the Highway Department, or take an action relative thereto.
(Submitted by the Board of Selectmen)
And you are directed to serve this Warrant by posting up attested copies thereof at the six (6) places directed by vote of the Town, in said Town, fourteen (14) days before the time of holding said meeting.
HEREOF FAIL NOT, and make due return of this Warrant, with your doings thereon to the Town Clerk, at the time and place of meeting, as aforesaid.
Given under our hands this 28th day of August in the year of our Lord Two Thousand and Twenty.
______________________________
PATRICIA A. RILEY, Chairman
_________________________________
JOSEPH R. PACHECO, Vice Chairman
_________________________________
RICHARD G. SCHIAVO, Clerk
SELECTMEN OF RAYNHAM
A true copy. Attest:
____________________________________
CONSTABLE
August ___, 2020
Bristol, ss
PURSUANT TO THE WITHIN WARRANT, I have notified and warned the inhabitants of the Town of Raynham by posting up attested copies of the same at six (6) places directed by vote of the Town, fourteen (14) days before the date of the meeting, as within directed.
_________________________________
Constable