ANNUAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
5-18-2009
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’s Joseph A. Bettencourt Auditorium in said Raynham on Monday the 18th day of May at 7:00 in the evening, then and there to act on the following Articles.
ARTICLE 1. To choose by nomination all minor Town Officers.
ARTICLE 2. To see if the Town will vote to accept the report of the Town Officers.
ARTICLE 3. To raise such sums of money as may be necessary to defray Town charges and make appropriations for same.
ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer the sum of $5,000 for the payment of any bills incurred during the previous fiscal year which remain unpaid; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 5. To see if the Town will vote to raise and appropriate or transfer the sum of $400 for quarters for the American Legion, Post #405; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 6. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the financial year beginning July 1, 2009, in accordance with the provisions of the Gen. Law, Chap. 44, Sec. 4, and to issue note(s) therefore, payable within one year, and to renew any note (s) as may be given for a period of less than one year in accordance with Gen. Law, Chap. 44, Sec. 17; or take any action relative thereto. (Submitted by the Treasurer/Collector)
ARTICLE 7. To see if the Town will vote to authorize the Board of Selectmen to sign contracts upon such terms and conditions as they deem appropriate for any subject for which money was appropriated by the Town of Raynham; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 8. To see if the Town will vote to authorize the Board of Selectmen to accept and enter into contracts for the expenditure of any funds allotted or to be allotted by the Commonwealth and/or County for construction, reconstruction and improvements of the Town infrastructure, and to authorize the Board of Selectmen to borrow in anticipation of reimbursements of funds; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 9. To see if the Town will vote to authorize an offset receipts account under MGL, Ch. 44, sec. 53E to fund the operation of the Before and After School Day Care, and Kindergarten Extension Programs run by the Parks and Recreation Department and to authorize the expenditure of $220,000 during FY 10 as follows:
Salaries/Wages $143,000
Benefits $ 46,000
Expenses $ 31,000
Total $ 220,000
The off-set receipts account is to be credited with all fees and charges received during FY 10 from persons using these services; or take action relative thereto. (Submitted by the Park & Recreation Commission)
ARTICLE 10. To see if the Town will vote to raise and appropriate the sum of $1,546,059 for the purpose of paying the debt service on the outstanding bonds and notes for the Raynham Middle School, the renovation projects for LaLiberte Elementary School and the Merrill School and for the new regional High School; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 11. To see if the Town will vote to reauthorize a revolving fund pursuant to MGL Chapter 44 Section 53E ½ for the purpose of receiving and expending funds as a result of reimbursable incidents allowed under MGL Chapter 21E involving hazardous materials releases. Receipts generated shall be deposited into this revolving fund and expenditures, not to exceed $100,000, may be expended by the Fire Chief without further appropriation, or take any action relative thereto. (Submitted by the Fire Department)
ARTICLE 12. To see if the Town will vote to authorize the Fire Alarm Revolving Fund under MGL Chapter 44 Section 53E ½ for the purpose of receiving and expending funds for the fiscal year beginning July 1, 2009 and to transfer to this account, the balance as of June 30, 2009 from the existing revolving account. Receipts generated from fire alarm permits, inspections and details shall be deposited into this revolving fund and expenditures including but not limited to vehicle maintenance, detail pay, overtime coverage for replacement of Fire Inspector, any all equipment related to radio controlled boxes, not to exceed $50,000 may be expended by the Fire Chief without further appropriation, or take any action relative thereto. (Submitted by the Fire Department)
ARTICLE 13. To see if the Town will vote to appropriate the sum of $1,967,658.46 as categorized below to operate the sewer enterprise:
Note:
The Finance Committee recommends that the following sums be appropriated to operate the sewer enterprise:
Salaries and Wages~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 411,705.00
~~~~~~~~~~~~~~~ Expenses~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 878,800.00
~~~~~~~~~~~~~~~ Health Insurance~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 73,326.00
~~~~~~~~~~~~~~~ Retirement~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 73,301.00
~~~~~~~~~~~~~~~ Sewer Maintenance Facility Debt~~~~~~~~~~~~ 70,565.00
~~~~~~~~~~~~~~~ Sewer Construction Debt~~~~~~~~~~~~~~~~~~~~~~~~~ 459,961.46
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ------------------
~~~~~~~~~~~~~~~ Total~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ $1,967,658.46
And that $1,290,505.00 be raised from sewer enterprise revenues and $217,192.00 to come from sewer enterprise retained earnings and $459,961.46 from Sewer Betterments; or take any other action relative thereto.
Supplemental Informational Note: Finance Committee recommends the following for full operation of the sewer enterprise:
Salaries and Wages~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~411,705.00
~~~~~~~~~Expenses~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 878,800.00
~~~~~~~~~Health Insurance~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 73,326.00
~~~~~~~~~Retirement~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 73,301.00
Indirect Costs~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~59,534.00
~~~~~~~~~Sewer Maintenance Facility Debt~~~~~~~~~~~~~~~~~~ 70,565.00
~~~~~~~~~Sewer Construction Debt~~~~~~~~~~~~~~~~~~ ~~~~~~~~ 1,839,845.83
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~------------------
~~~~~~~~~~~~~~~ Total~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$3,407,076.83
$1,290,505.00 to come from sewer enterprise revenues and $217,192.00 from retained earnings, $59,534.00 for indirect costs appropriated in the general fund and funded from retained earnings, and $1,379,884.37 for debt appropriated in the general fund from the tax levy, $459,961.46 from Sewer Betterments. (Submitted by the Sewer Commission)
ARTICLE 14. To see if the Town will vote to raise and appropriate the sum of $65,000 for the purchase of two new police vehicles for the Police Department; or take any action relative thereto. (Submitted by the Police Department)~
ARTICLE 15. To see if the Town will vote to raise and appropriate the sum of $6,000 for the purchase of bullet proof vests for the Police Department, or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 16. To see if the Town will vote to delete Section 2/7.1 Storage of Motor Vehicles from the Town’s General By-Laws and substitute the following; or take any action relative thereto.
2/7.1 Storage of Motor Vehicles
Storage of Unregistered Motor Vehicles Prohibited
a. It shall be unlawful for any owner or occupant of premises to have thereon or to permit thereon more than one unregistered motor vehicle or dismantled motor vehicle unless the same is in a fully enclosed structure.
b. Persons licensed under Chapter 140, Section 58, Auto Repair Shops, Service Stations, Body Shops and Farmers are excluded.
Violations and penalties; enforcement
a. Any person who violates the provisions of this by-law shall be subject to a penalty of $25.00 for the first offense, and $50.00 for the second and each subsequent offense. Each day that a violation exists shall be considered a separate offense.
- This by-law may be enforced and administered pursuant to the provisions of M.G.L. c. 40, sec. 21D for the use of non-criminal disposition of violations. The persons who are empowered to enforce the provisions of this by-law are Town of Raynham Building Commissioner and his agents and Town of Raynham police officers. (Submitted by the Board of Selectmen)
ARTICLE 17. To see if the Town will vote to adopt Section 2/39 Outdoor Swimming Pool Fencing Required in the Town’s General By-Laws; or take any action relative thereto.
Section 2/39 Outdoor Swimming Pool Fencing Required
- An outdoor swimming pool is any structure intended for swimming or recreational bathing that is not totally contained within a structure and surrounded on all four sides by walls of said structure and is capable of containing water over 24 inches deep. This includes inground and above ground swimming pools, hot tubs, and spas.
- Private outdoor swimming pools shall be suitably fenced to a minimum height of four feet in accordance with the provisions of the Mass. Building Code. Such fence shall be constructed and maintained so as to prohibit unauthorized access.
Violations and Penalties; Enforcement
- Any person who violates the provisions of this by-law shall be subject to a penalty of $100.00 for the first offense, and $200.00 for the second and each subsequent offense. Each day that a violation exists without abatement shall be considered a separate offense.
- This by-law may be enforced and administered pursuant to the provisions of M.G.L. c.40, sec. 21D for the use of non-criminal dispositions of violations. The persons who are empowered to enforce the provisions of this by-law are Town of Raynham Building Commissioner and his agents and Town of Raynham police officers. (Submitted by the Board of Selectmen)
ARTICLE 18. To see if the Town will adopt Section 2/40 Depositing Snow on Town Roadway in the Town’s General By-Laws; or take any action relative thereto.
Section 2/40 Depositing Snow on Town Roadway
No person other than an employee in the service of the Town, or an employee in the service of an independent contractor acting for the Town, shall pile, push or plow snow or ice onto or across a Town roadway or sidewalk so as to impede or obstruct the flow of pedestrian or vehicular traffic on such town roadway or sidewalk.
Violations and Penalties, Enforcement
- Any person who violates the provisions of this by-law shall be subject to a penalty of $25.00 for the first offense, and $50.00 for the second and each subsequent offense.
b. This by-law shall be enforced and administered pursuant to the provisions of M.G.L. c40, sec. 21D for the use of non-criminal dispositions of violations. The persons who are empowered to enforce the provisions of this by-law are Town of Raynham Highway Superintendent and his agents and Town of Raynham police officers. (Submitted by the Board of Selectmen)
ARTICLE 19. To see if the Town will vote to amend Section 1/5.6 Quorums of the Town’s General By-laws by adding the following language in bold print and deleting the strikethrough language, or take any action relative thereto.
1/5.6 Quorums
A quorum at any town meeting, except such parts as are devoted elections of town officers, shall consist of twenty- five (25) registered voters, but no vote shall be passed involving an expenditure or appropriation of more than five thousand dollars or involving amendments or modification to the zoning map or zoning by-laws unless there shall be present at least seventy-five (75) fifty (50) registered voters, but a less number may organize to adjourn to some future date. (Submitted by the Board of Selectmen)
ARTICLE 20. To see if the Town will vote to accept as a town way Ashley Way as shown as an unnamed road on a Plan of Land recorded in the Bristol County Northern District Registry of Deed at Book 253 Page 64 and to vote to authorize the Board of Selectmen to acquire said road by purchase, eminent domain, gift or otherwise, the fee in Ashley Way on the condition that it be at no cost to the Town, or take any action relative thereto.
Note: An affirmative vote would reconfirm acceptance of Ashley Way which was accepted by the Town in 1993
ARTICLE 21. To see if the Town will accept as a gift, purchase or take by eminent domain the following parcel of land and to appropriate the sum of $2,750 for this purpose, including land damages, cost of appraisal and other incidental and consequential expenses, or take any action relative thereto:
A certain parcel of land situated in the Town of Raynham, in the County of Bristol and the Commonwealth of Massachusetts, shown as a Parcel 1 on a plan entitled "APPROVAL NOT REQUIRED LAND TAKING PLAN " prepared by Alpha Surveying and Engineering Inc., dated _________________________, and recorded in the Bristol County Registry of Deeds Northern District in Plan Book ____ Page______, bounded and described as follows, said plan being on file in the office of the Town of Raynham Town Clerk:
Beginning at a concrete bound with drill hole, at the most southerly corner of land being described, at a point in the southerly line of land now or formerly of Marion A. Phelps, said bound being North 36 degrees 43 minutes 07 seconds East a distance of 249.26 feet from a concrete bound with drill hole;
Thence northwesterly by said Parcel 1, North 28 degrees 38 minutes 36 seconds West, a distance of 175.68 feet to a concrete bound at the southerly line of land now or formerly of the Town of Raynham;
Thence southeasterly by Parcel 1, South 48 degrees 05 minutes 00 seconds East, a distance of 160.00 feet to a stake and tack;
Thence southwesterly by Parcel 1, South 36 degrees 43 minutes 07 seconds West, a distance of 58.74 feet to a concrete bound with drill hole and the point of beginning;
Said Parcel 1 contains 4,677 sq. ft. (0.11 acres) (Submitted by the Board of Selectmen)
ARTICLE 22. To see if the Town will vote to transfer the balance of funds from Article 6 of the October 18, 1993 Special Town Meeting into the General Stabilization Fund, or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 23. To see if the Town will vote to authorize the Board of Selectmen to file a home rule petition with the Massachusetts General Court for the purpose of establishing a ‘Raynham Development Revolving Fund’, in substantially the following form;
Section 1: Notwithstanding the provisions of M.G.L., c. 44, Section 53, or any other provision of the law to the contrary, the Town of Raynham, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts, having a principal place of business at Town Hall, 558 South Main Street, Raynham, Massachusetts 02767 (hereinafter referred to as the “Town”) is hereby authorized to establish in the Town Treasury a special account to be known as the “Raynham Development Revolving Fund”, into which account shall be deposited certain receipts which comprise the total amounts requested through written agreements between the Town, and the owners, developers or parties (hereinafter referred to as the “DONORS”), relative to tax incentive agreements as negotiated and approved
by the Massachusetts Economic Assistance Coordinating Council, as outlined in specific Tax Increment Finance agreements under Massachusetts Economic Development Incentive program, notwithstanding the provisions in accordance with Chapter 23A, Section 3A-H; Chapter 40, Section 59; and Chapter 59, Section 5 of the Massachusetts General Laws, and also the, Act of 1993 and in 751 CMR 11.00 and 402 CMR 2.00 and regulated by the Department of Revenue.
Section 2: The “Raynham Development Revolving Fund” (hereinafter referred to as the “FUND”), shall be established to reinvest contributions by the DONORS receiving tax incentives through the Town’s and the Commonwealth’s Economic Development Incentive Program as negotiated within Tax Increment Finance agreements. The annual contributions by the DONORS shall be deposited into the FUND, for future reinvestment into the community for economic development purposes without further appropriation. The guidelines for future use of all contributions and disbursement of the FUND proceeds will be as follows:
- There is hereby established a seven member Town of Raynham Board of Overseers, comprised of the Chairman of the Capital Planning Committee or his or her designee, Chairman of the Tax Increment Financing Committee or his or her designee, Chairman of the Planning Board or his or her designee, Chairman of the Board of Selectmen or his or her designee, Chairman of the Business and Economic Development Committee or his or her designee, one citizen appointed annually by the Board of Selectmen, Chairman of the Finance Committee or his or her designee, and the Town Planner as an ex-officio non voting member. The Board of Overseers, acting as the exclusive arm of the Town for economic development expenditure purposes, will be the designated body to make specific expenditures of said FUND proceeds for Town economic development purposes. A
majority vote of the Board of Overseers shall be needed to approve said expenditures without further appropriation. The Board of Overseers shall conduct their business in accordance with M.G.L. Chapter 39, Section 23B, as from time to time amended.
- The proceeds of the FUND, will be approved only for the parameters set forth in the following guidelines:
- Feasibility studies, economic data gathering, and payment of consultants to compile reports relative to economic development activities that will foster increased tax revenues to the Town and create quality employment opportunities for its residents.
- General operations of the Board of Overseers, which include but are not limited to: purchasing of literature, software, office supplies, computers, or other products that would assist the economic development efforts of the Town.
- Activities related to marketing and promoting the Town for economic development purposes for new businesses, as well as, economic development activities related to business retention and expansion.
- Matching grants or funding of, the construction, installation of, or improvements needed and for infrastructure related to projects of development past, present and future that will leverage future developments resulting in quality employment opportunities and increased tax revenues.
- Construction, installation, or improvement of infrastructure related to projects of development that will leverage future developments resulting in quality employment opportunities and increased tax revenues.
Section 3: The provisions of this Act shall take effect immediately following approval. Each year the Board of Overseers will provide an annual report to the Town on expenditures from the FUND; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 24. To see if the Town will vote to amend the Town of Raynham’s Zoning By-Laws Article 3: Establishment of Districts, Section 3.3 The Flood Hazard Protective Overlay District, by adding the following language in bold print and deleting the following strikethrough language, or take any action relative thereto.
3.3 THE FLOOD HAZARD PROTECTIVE OVERLAY DISTRICT
The Flood Hazard Protective Overlay District within the Town of Raynham is delineated on the Raynham Bristol County Flood Insurance Rate Map (FIRM), issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program , dated July 7, 2009, January 2, 1980 as Zones A and AE Al-30 to indicate the 100-year flood plain. The map panels of the Bristol County FIRM that are wholly or partially within the Town of Raynham are panel numbers 25005C0152F, 25005C0154F, 25005C0156F, 25005C0158F, 25005C0159F, 25005C0162F, 25005C0164F, 25005C0166F, 25005C0167F, 25005C0168F, 25005C0169F, 25005C0186F and 25005C0188F dated July 7, 2009.~The
precise boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Profiles contained in the Bristol County Flood Insurance Study (FIS), report dated July 7, 2009. January 2, 1980. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official, and Conservation Commission.
The floodway boundaries within the Town of Raynham are delineated on the Bristol County Raynham Flood Insurance Rate Boundary Map (FIRMs), on panel numbers 25005C0154F, 25005C0158F, 25005C0164F, 25005C0166F, 25005C0167F, 25005C0168F, 25005C0169F, 25005C0186F and 25005C0188F dated July 7, 2009, dated January 2, 1980, and further defined by the Floodway Data Tables contained in the Bristol County Flood Insurance Study. Said map and tables are hereby incorporated as part of this By-Law.
ARTICLE 25. To see if the Town will vote to amend the Town of Raynham’s Zoning By-Laws Article 8: Flood Hazard Protective Overlay District, Section 8.2 District Boundaries, by adding the following language in bold print and deleting the following strikethrough language, or take any action relative thereto.
8.2 DISTRICT BOUNDARIES
The boundaries of the FHPO District are established by Article 3.3 of this By-law.
Whenever 100-year flood elevations within Zone A and/or Zone AE are not provided on the Raynham Bristol County Flood Insurance Rate Map, a developer/applicant seeking a permit shall provide flood elevation data required for compliance with the By-Law and statutory requirements.
Whenever an area within Zone C outside of Zone A and/or Zone AE on the Raynham Bristol County Flood Insurance Rate Maps has been shown and calculated to be within the 100-year flood as delineated by the Massachusetts Wetlands Protection Act and by survey, said area shall be considered to be a Zone A as defined by the National Flood Insurance Program, and shall comply with Article Eight (8) of the By-Law.
ARTICLE 26. To see if the Town will vote to authorize the Board of Selectmen to meet with the Board of Selectmen of the Town of Bridgewater to discuss deregionalizing Grades K-8 of the Bridgewater Raynham Regional School District and replacing the Regional School District for Grades K-8 of the Bridgewater Raynham Regional School District with a superintendency union pursuant to the appropriate sections of G.L. c. 71; and to further authorize the Board of Selectmen to communicate to the Town of Bridgewater Board of Selectmen that the Town of Raynham will consider placing an article on an upcoming Town Meeting Warrant to deregionalize Grades K-8 of the Bridgewater Raynham Regional School District in the event that no agreement is reached on or before September 15, 2009 to replace Grades K-8 of the Bridgewater Raynham
Regional School District with a superintendency union agreed upon by the Towns of Bridgewater and Raynham, or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 27. To see if the Town will vote to accept the following to be filed with General Court
as a Home Rule Petition, or take any action relative thereto:
Section. The Selectmen are authorized to petition the General Court to enact the legislation expressed under Section 2 hereof, and the General Court may reasonably vary the form and substance of the requested legislation with the scope of the general public objectives of this petition.
Section 1. Notwithstanding any general or special law to the contrary, dog racing or racing meetings where any form of betting or wagering on the speed or ability of dogs occurs may be conducted or permitted until January 1, 2012, only at one race track located in Raynham, Bristol County, where such activity was licensed by the Commission during the Year 2009, and the commission is authorized to accept and approve any application or request by the licensees authorized to conduct such activity at such location for racing dates for dog racing thereat until January 1, 2012. This act shall take effect upon its passage. (Submitted by the Board of Selectmen)
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, seven (7) 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 14th day of April in the year of our Lord two thousand and NINE.
________________________________
JOSEPH R. PACHECO
________________________________
DONALD L. McKINNON
________________________________
MARIE A. SMITH
SELECTMEN OF RAYNHAM
A true copy. Attest:
________________________
Louis Pacheco, Constable
April 14, 2009
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 seven (7) places directed by vote of the Town, seven days before the date of the meeting, as within directed.
_________________________________
Louis Pacheco, Constable of Raynham
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