TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
SPECIAL TOWN MEETING
November 15, 2005
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 Middle School Auditorium in said Raynham, on the 15th day of November, at 7:00 in the evening, then and there to act on the following Articles: --
ARTICLE 1. To see if the Town will vote to transfer from Free Cash the sum of $92,049 for the purchase of three new police cars for the Police Department; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 2. To see if the Town will vote to transfer from Free Cash the sum of $52,000 for computer software to integrate the Town’s financial software; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 3. To see if the Town will vote to transfer from Free Cash the sum of $21,800 for a new fence at the South St. East cemetery; or take any action relative thereto.
(Submitted by the Capital Planning Committee)
ARTICLE 4. To see if the Town will vote to transfer from Free Cash the sum of $330,000 into the stabilization account established for the purpose of purchasing an aerial platform ladder truck for the Fire Department; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 5. To see if the Town will vote to transfer from Free Cash the sum of $45,000.00 for the purpose of replacing one small diesel powered truck for the Highway Department with heavy duty plow and utility body; or take any action relative thereto.
This purchase is replacing truck 68 which has been taken out of service. (Submitted by the Capital Planning Committee)
ARTICLE 6. To see if the Town will vote to transfer from Free Cash the sum of $22,000.00 for the purpose of acquiring professional services to provide the necessary plans, permits, and bridge studies to provide a bid document and bid management for the South Street East Bridge; or take any action relative thereto. This appropriation is contingent upon the City of Taunton appropriating the same amount of funding for their portion of the bridge. All cost would be equally shared between the communities. (Submitted by the Capital Planning Committee)
ARTICLE 7. To see if the Town will vote to transfer from Free Cash the sum of $325,000.00 for the design, engineering and construction of a 4,200 square foot addition to the Highway Department garage at 1555 King Phillip Street; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 8. To see if the Town will vote to transfer from Free Cash the sum of $200,000.00 for the purpose of addressing additional and unexpected costs for the reconstruction of that portion of Route 104 known as North Main Street as shown on plans titled, “Plans and Profile of Route 104” by Greenman Pederson Consulting Engineers of Mansfield MA; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 9. To see if the Town will vote to transfer the sum of $51,000 from the Sewer Enterprise available funds to complete the Sewer Maintenance Facility; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 10. To see if the Town will vote to transfer the sum of $67,500 from the Sewer Enterprise available funds to install an emergency generator for the South Street East Pumping Station; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 11. To see if the Town will vote to transfer from the Ambulance Account the sum of $150,000 for the purchase of a new ambulance which will include the trade-in of one of the ambulances currently being used; or take any action relative thereto.
(Submitted by the Capital Planning Committee)
ARTICLE 12. To see if the Town will vote to transfer the sum of $6,000 from the Ambulance Account and $12,000 from Free Cash for the purpose of re-painting the apparatus floor in the Fire Department; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 13. To see if the Town will vote to transfer from Free Cash the sum of $21,000 to be used to compensate the Town of Bridgewater for their FY06 expenses for local building inspections of the new high school; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 14. To see if the Town will vote to transfer from Free Cash the sum of $868,798 to the stabilization account established for the purpose of paying a portion of the principal on an existing or future Sewer debt; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 15. To see if the Town will vote to transfer from Free Cash the sum of $4,500 for the payment of bills incurred during the previous fiscal year, which remain unpaid; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 16. To see if the Town will transfer from Free Cash the sum of $25,000 to the Selectmen’s Legal Expense account; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 17. To see if the Town will vote to transfer from Free Cash the sum of $12,283.44 to the following Police Department accounts; or take any action relative thereto. (Submitted by the Police Department)
Salary $4,011.l2
Wages $8,272.32
Note: Money is to pay Police officers for various reasons including an arbitration finding, a clerical error and unused vacation time.
ARTICLE 18. To see if the Town will vote to transfer $5,450 from Free Cash to repair a leaky roof over the Police Department and to add air conditioning to the computer room at the Police Department, or take any action relative thereto.
ARTICLE 19. To see if the Town will vote to transfer from Free Cash the sum of $2,300 to the Police Department Expense account to send one officer to the recruit police academy, or take action relative thereto. (Submitted by the Police Department)
ARTICLE 20. To see if the Town will vote to transfer from Free Cash the sum of $57,000 to the Police Department Wage account to maintain a minimum of three officers per shift on weekends; or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 21. To see if the Town will vote to transfer the money remaining in Article 21 of the Special Town Meeting of November 5, 2001 ($2,657.20) to the Ambulance Account; or take any action relative thereto. Note: This money was left over from the purchase of an ambulance. (Submitted by the Fire Department)
ARTICLE 22. To see if the Town will vote to transfer from Free Cash the sum of $60,000.00 for professional services, additional infrastructure and/or remediation of ground water issues as it relates to a Notice of Non-Compliance issued by the MA Department of Environmental Protection (DEP) to the Town of Raynham for underground fuel storage tanks that were leaking and removed in 1998 in accordance with DEP regulations, because ground water samples from landfill wells down gradient show unacceptable levels of methyl tertiary butyl either (MTBE) that are attributed to the leaky underground tanks; or take any actions relative thereto. (Submitted by the Highway Department) [Note: The Town is obligated to address the Notice of Non-Compliance or risk substantial penalties of up to $25,000/day.]
ARTICLE 23. To see if the Town will vote to authorize the Board of Selectmen to accept as a gift, purchase, or take by eminent domain a certain parcel of land and a easement off of Leonard Street as shown on a plan titled “Approval Not Required Plan in Raynham, Massachusetts”, dated September 28, 2005, to be acquired by the Town of Raynham, Raynham Massachusetts prepared by Alpha Survey, Middleborough, MA 02346, which is on file with the Town Clerk’s office; and to transfer a sum of money $_______ from a pass book account from the Developers of Finch Farms development for said purpose; or take any action relative thereto. The parcel is described as follows:
LAND TAKING DESCRIPTION: Beginning at a point in the northerly line of land now or formerly of Theresa M. Medeiros, said point of beginning being located S701805E 277.11 from a point in the easterly sideline of Leonard Street, said point being the northwesterly corner of land now or formerly of Theresa M. Medeiros and the southwesterly corner of land now or formerly of Arthur J. and Helen J. Medeiros; thence along the remains of a stone wall and lands now or formerly of Arthur J. and Helen J. Medeiros and Richard and Margaret Chaves the following three courses; S701805E 62.58, S685112E 80.42, and S624535E 71.04 to a corner in said stone wall; thence S194716W 101.21 along a stone wall and land now or formerly of Richard and Margaret Chaves to a point; thence N701805W 220.00 along remaining lands now or formerly of
Theresa M. Medeiros to a point; thence N230533E 112.97 along remaining lands of Theresa M. Medeiros to the point of beginning containing 23,853 square feet more or less.
EASEMENT DESCRIPTION: Beginning at a point on the easterly sideline of Leonard Street, said point being the northwesterly corner of land now or formerly of Theresa M. Medeiros and the southwesterly corner of land now or formerly of Arthur J. and Helen J. Medeiros; thence S701805E 277.11 along lands now or formerly of Arthur J. and Helen J. Medeiros to a point; thence S230533W 20.04 to a point; thence N701805W 281.13 to a point on the easterly sideline of Leonard Street; thence northerly along the easterly sideline of Leonard Street along a curve having a radius of 300.00 a length of 20.67 to the point of beginning containing 5,585 square feet more or less.
USE DESCRIPTION
A perpetual, non-exclusive right and easement to install, inspect, repair, renew, replace, improve, operate, forever maintain or abandon in place, at Grantee’s sole cost and expense, underground storm water drainage pipes, together with any pipes, apparatus and equipment, and other usual fixtures deemed reasonably necessary for storm water conveyance in and under that portion of Grantor’s Land shown on a plan entitled “Approval Not Required Plan in Raynham, Massachusetts” dated September 28, 2005, prepared by Alpha Land Surveying & Engineering Associates, and to be recorded in the Bristol County Northern District Registry of Deeds.
The purpose of the Easement is to allow for the access, installation, and maintenance of the storm water drainage pipes and appurtenances within the Easement Area that will run from Leonard Street to a proposed storm water mitigation area located on Parcel 26-2 as shown on the above referenced plan.
NOTE: Funds for this article will be drawn from the account(s) dedicated to infrastructure improvement by Finch Farms developers. If any additional monies are needed to fund this Article, they will be provided by available funds from Article 26 of the 2005 Annual Town Meeting.
ARTICLE 24. To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and Silvia & Quinn, P.C., 302 Broadway, Hillcrest Plaza, Raynham, MA 02767, substantially in the form as is on file with the Town Clerk (the “TIF Agreement”), pursuant to Massachusetts General Laws, Chapter 40, Section 59, as an Economic Opportunity Area (“Silvia & Quinn, P.C., Economic Opportunity Area”) and to authorize the Board of Selectmen to submit an Economic Opportunity Area Application, Tax Increment Financing Plan, and Certified Project Application to the Massachusetts Economic Assistance Coordinating Council all relating to the project located on a portion of a parcel identified as Assessor’s Map 15, Lot 176-2G. Said Agreement shall be considered in return for
locating said business in Town and a subsequent increase in the assessed value of the property based on improvements to said property; to take such other actions as may be necessary to obtain approval of the Certified Project Application, the Economic Opportunity Area, the Tax Increment Financing Plan, and TIF Zone and to implement the TIF Agreement; or take any action relative thereto. (Submitted by the Tax Increment Finance Board)
ARTICLE 25. To see if the Town will authorize the Board of Selectmen to convey the following two parcels of real estate owned by the Town to the Raynham Housing Authority for use in connection with an expansion of the Raynham Housing Authority premises, or take any action relative thereto. (Submitted by the Board of Selectmen)
Parcel 1: Beginning at a corner of land now or formerly of John Hathaway; thence West 13 rods and 12 links to land formerly of the heirs of Enock Wilbur; thence South by said heirs’ land 24 rods and 12 links; thence East 13 rods and 14 links to a corner adjoining land now or formerly of John Hathaway; thence North 24 rods and 12 links to the point of beginning.
Parcel 2: A tract of land on the northerly side of the road leading from Tracy School House to Melvin Wilbur’s saw mill and is bounded as follows: Beginning at a stone and stake bound at the S.E. corner of this tract of wood land; thence N. 11 ½ deg. W. 24 rods 12 links more or less in line of Daniel W. Hayward’s wood land to a stone and stake for a bound; thence South 77 ¼ deg. W. 11 rods more or less in line of Henry P. Crocker’s wood land to a stone and stake bounds; thence S. 11 ½ deg. E 24 rods 12 links more or less in line of Frank Hall’s wood lot to a stone and stake bounds; thence 77 ¼ deg. E. in line of James Tracy’s wood land 11 rods 2 links more or less to the point of beginning.
NOTE: The above described two parcels of real estate were conveyed to the Town as a gift for use in connection with an expansion of the Raynham Housing Authority premises.
ARTICLE 26. To see if the Town will authorize the Board of Selectmen to enter into a lease agreement, upon terms and conditions which the Board of Selectmen deem appropriate, for the use of a portion of the real estate owned by the Town on Gardner Street (Raynham Assessors’ Map 11, Parcel 257) as a wireless communications facility, including a tower, antennas, utilities and any accessory structures, or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 27. To see if the Town will vote to amend the Town of Raynham General By-Laws by adding the following section; or take any action relative thereto. (Submitted by the Board of Selectmen)
Section 2/36 Permanent Town Building Committee
Purpose:
The purpose of the Permanent Town Building Committee is to oversee the design and construction of additions, renovations, remodeling and repairs to existing Town buildings or facilities and to oversee the design and construction of all new buildings.
Organization:
The Permanent Town Building Committee shall consist of the Building Commissioner, Town Planner, Conservation Agent and three citizens appointed to staggered three year terms by the Board of Selectmen. In making the original appointments, the Board of Selectmen shall appoint one citizen to a one year term, one citizen to a two year term and one citizen to a three year term. The chairman of the Committee may appoint ex-officio, non-voting members as he/she sees fit.
Powers and Duties:
At the direction of the Board of Selectmen, the Town Building Committee shall inspect any Town-owned building or facility or proposed Town-owned building or facility and make recommendations to the Board of Selectmen as to the need for construction, repair, renovation and /or expansion of said building or facility. The Board of Selectmen shall then follow the provisions of the Capital Planning Committee by-law in presenting any requests for funding.
Unless otherwise specified by Town Meeting vote, the Permanent Town Building Committee, following Town Meeting approval and appropriation for any feasibility study, design or construction project for any Town building or facility, shall have general supervision and control over said study, design or construction project.
ARTICLE 28. To see if the Town will vote to amend Section 2/30 of the Town of Raynham General By-Laws by deleting the following strikethrough language and inserting the following new language in bold print; or take any action relative thereto. (Submitted by the Board of Selectmen)
Section 2/30 Capital Improvement Planning Committee
Section 1. There shall be a Capital Improvement Planning Committee, hereinafter referred to as “the Committee,” which shall be charged with planning and making recommendations on the Town’s future capital projects, programs, improvements, acquisitions and the funding thereof.
The Committee shall consist of eleven members as follows: the chairmen, or their designees, of the Board of Selectmen, Planning Board, Zoning Board of Appeals, Finance Committee, and Business and Economic Development Committee; two (2) three (3) citizens, who shall be registered voters of the Town and other than Town officers, who shall be appointed annually by the Board of Selectmen for a term of one year; and, the following who shall be ex officio, non-voting members: the Town Administrator, Town Planner, Town Accountant and Town Treasurer. The members of the Committee shall serve without salary.
Section 2. The Committee shall choose its own chairman and vice-chairman and may employ, subject to an appropriation therefore, a secretary. The Board of Selectmen shall fill the unexpired term(s) created by the resignation, removal from Town, death, failing to qualify, or otherwise, of a citizen appointed to the Committee.
Section 3. The Capital Improvement Planning Committee shall study proposed capital projects, programs, improvements and acquisitions having a useful life of at least three (3) years and a cost of ten thousand dollars ($10,000.00) or more. In considering capital funding requests and making its recommendations, the Committee shall consider the relative need, benefit, timing and cost of the requested capital items and the effect each will have on the Town and its financial condition. The recommendations shall be those of a majority of the voting members of the Committee, but this shall not be construed to prevent recommendations of a minority as such.
Section 4. All officers, departments, boards and committees, including the Board of Selectmen, shall give to the Committee, by a date established and on a form prepared by it, information concerning all capital projects, programs, improvements and acquisitions antici-pated by them as needing Town Meeting action, pursuant to this bylaw, during the next ten (10) years. The Committee shall consider all capital requests and may confer with any Town officer, department, board or committee and hold hearings, if they deem it advisable. Said Committee may, at anytime, request any additional data it feels it needs in order to fulfill its responsibilities.
Section 5. The Committee shall, based on the information received by it, prepare and publish a Capital Improvement Plan, hereinafter called “the Plan,” which presents the Committee’s recommendations on the Town’s capital needs, timing, expenditures and funding sources for a period of ten (10) years. The Committee shall update the Plan as needed on a yearly basis. A new ten (10) year plan shall be prepared and published by the Committee every five (5) years; thereby insuring that the Town shall always have in place a report on its future capital needs covering a period of no less than five (5) years.
Section 6. Annually the Committee shall, based on the information in the Capital Improvement Plan, submit its recommendations to the Town for a Capital Improvement Budget (the “Budget”) for capital expenditures and the recommended sources of funding for the then current fiscal year. Said recommendations shall be submitted in time to be considered at a Special Town Meeting annually in the fall of each year, at a date and time to be determined by the Board of Selectmen. No capital projects, programs, improvement or acquisitions, as defined in this bylaw, shall be included on the warrant for any Town Meeting unless it is first included in the Committee‘s Budget for the then current year or determined by the Board of Selectmen to be of an emergency nature.
Notwithstanding the above paragraph, projects so voted by a majority of each of following -the Board of Selectmen, Finance Committee and Capital Planning Committee- may appear on the Annual Town Meeting warrant or on a Special Town Meeting warrant.
Section 7. The Committee’s Capital Improvement Plan, Budget and recommendations thereon shall be published and distributed in a manner consistent with the report and recommendations of the Finance Committee.
ARTICLE 29. To see if the Town will vote to amend the Town of Raynham General By-laws, Section 2/9 Parking By-law by deleting the following strikethrough language and inserting the following new language in bold print; or take any action relative thereto.
Section 2/9.1 Regulation of Handicapped Parking [Last paragraph]
The penalty for violation of this by-law shall be as follows: for the first offense, fifteen dollars; for the second offense, twenty-five dollars; and for each subsequent offense, the vehicle may be removed according to the provisions of section one hundred and twenty D of chapter two hundred and sixty-six.
The penalty for violation of this bylaw shall be $100.00.
2/9.2 Unattended Parking
No person shall park or leave unattended his motor vehicle within any part of the area posted and marked as a fire lane in any parking area or parking lot, private or public within the Town. Any person violating this section shall be punished by a fine of $10.00 $100.00 for each offense.
2/9.3 Hazard to Traffic Flow
No person shall allow any motor vehicle owned or under their control to be parked on any street at any time within the Town so as to pose a hazard to the free and normal flow of vehicular or pedestrian traffic. Violation of this By-law shall be punished by a fine of $5.00 $15.00 and/or the cost of having the vehicle towed.
ARTICLE 30. To see if the Town will vote to accept as a town way, the roadway now known as Village Road (previously known and shown on the plan as Village Circle and Old Farm Village Road), as shown on a recorded plan of land entitled “Old Farm Village at Forge River” and recorded with the Bristol County North District Registry District Registry of Deeds, in Book 399, Page 64. Such acceptance being subject to conveyance, in fee of said way by the owner, at no cost to the Town or take any action relative thereto.
ARTICLE 31. To see if the Town will vote to accept, as a gift, the parcel identified as Lot 26B, on a plan of land entitled “PLAN OF LAND IN RAYNHAM, BRISTOL COUNTY, MASSACHUSETTS PREPARED FOR FORGE RIVER PARK REALTY TRUST J.K. HOLMGREN ENGINEERING INC. Registered Professional Engineers and Land Surveyors 942 West Chestnut Street, Brockton, MA. 02301" dated 9-16-2005 Scale 1" = 40', a 19,581 square foot parcel owned by Forge River Park Realty Trust and recorded at the Bristol County Registry of Deeds Northern District in Book 7145, Page 55; or take any action relative thereto.
ARTICLE 32. To see if the Town will vote to accept, as a gift, the parcel identified as Lot 26A, “PLAN OF LAND IN RAYNHAM, BRISTOL COUNTY, MASSACHUSETTS PREPARED FOR FORGE RIVER PARK REALTY TRUST J.K. HOLMGREN ENGINEERING INC. Registered Professional Engineers and Land Surveyors 942 West Chestnut Street, Brockton, MA. 02301" dated 9-16-2005 Scale 1" = 40', 78,590 square foot parcel owned by Forge River Park Realty Trust and recorded at the Bristol County Registry of Deeds Northern District in Book 7145, Page 55. Said parcel to be administered by the Raynham Conservation Commission, or take any action relative thereto.
ARTICLE 33. To see if the Town will vote to accept, as a gift, the parcel identified as Lot 25, “PLAN OF LAND IN RAYNHAM, BRISTOL COUNTY, MASSACHUSETTS PREPARED FOR FORGE RIVER PARK REALTY TRUST J.K. HOLMGREN ENGINEERING INC. Registered Professional Engineers and Land Surveyors 942 West Chestnut Street, Brockton, MA. 02301" dated 9-16-2005 Scale 1" = 40', owned by Forge River Park Realty Trust and recorded at the Bristol County Registry of Deeds Northern District in Book 7145, Page 55. Said parcel to be administered by the Raynham Park and Recreation Commission as a playground; or take any action relative thereto.
ARTICLE 34. To see if the Town will transfer from Free Cash the sum of $15,000 for a feasibility study of the expansion of the police and fire departments into the Town Offices at 53 Orchard St. when they are vacated and shall include the current Police and Fire Department buildings. The feasibility study is to be conducted by the Permanent Town Building Committee and is contingent on formation of said Committee, or take any action relative thereto.
ARTICLE 35. To see if the Town will vote to transfer from Free Cash the sum of $______ to the general Stabilization Account; or take any action relative thereto.
And you are directed to serve this Warrant, by posting up attested copies thereof at the seven (7) 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 11h day of October in the year of our Lord two thousand and five.
__________________________________
JOHN M. DONAHUE
__________________________________
DONALD L. McKINNON
__________________________________
RAYMOND W. PLATT
SELECTMEN OF RAYNHAM
A true copy. Attest:
____________________________________
LOUIS PACHECO
CONSTABLE
October 11, 2005
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 the seven (7) places directed by vote of the Town, fourteen (14) days before the date of the meeting, as within directed.
________________________________
LOUIS PACHECO
CONSTABLE OF RAYNHAM
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