Town of Raynham, Massachusetts
558 South Street, Raynham, MA 02767
ph: 508.824.2707
Fall Town Meeting Warrant-November 17, 2010 @ 7 PM
    TOWN OF RAYNHAM

THE COMMONWEALTH OF MASSACHUSETTS

SPECIAL TOWN MEETING

November 17, 2010


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’s Joseph A. Bettencourt Auditorium in said Raynham, on the 17th 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 of Raynham will vote to change the “Amended Agreement between the Towns of Bridgewater, Raynham and the Bridgewater-Raynham Regional School District” as voted on December 13, 1993, and amended on April 28, 1999, such that on January 1, 2011, all matters regarding notification will be made to the Bridgewater Town Manager instead of Bridgewater Board of Selectmen and all matters requiring action will be decided either by the Bridgewater Town Council or by Bridgewater Town Election as determined by legal counsel; or take any action relative thereto.

Specifically:

In Section III (Location of the Regional District Schools)-B-Lease of the Present Schools:
Paragraph 2: Change as follows:  “The Committee shall also be authorized to make major improvements, alterations, additions or capital expenditures to town-owned schools, but only after notification of the appropriate member town’s Board of Selectmen (Add ‘or Town Manager’) and after approval at a town meeting (Add ‘or Council Meeting’) of that member town.”

Paragraph 2: Change “Capital improvements for elementary buildings in either town must be approved by the voters of said town” to read “Capital improvements for elementary buildings in either town must be approved by ‘said town at Town Meeting / Council Meeting or Town Election” as determined by legal counsel.

Paragraph 2: Change “Capital improvements will be submitted to the Selectmen (Add ‘or Town Manager’) in the form of an Article.”

Paragraph 3: Change “Each lease involving a member town shall be on such other terms as may be determined by the Selectmen (Add ‘or Town Council’) thereof and the Committee . . .”

In Section VI (Amendments)-B-Procedure:
Paragraph 1: Change “In either case, the secretary of the Committee shall mail or deliver a notice in writing to the Board of Selectmen (Add ‘or Town Manager’) of each of the member towns that a proposal to amend this Agreement has been made and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition.) The Selectmen (Add ‘or Town Manager’) of each member town shall include in the warrant for the next annual or a special Town Meeting (Add or Council Meeting’) . . . .”

Paragraph 2: Change “Such amendment shall take effect upon its acceptance by all of the member towns, acceptance by each town to be by a majority vote at a Town Meeting (Add ‘or Council Meeting’) as aforesaid.”

In Section VIII (Withdrawal)-A-Limitation:
Paragraph 1: Change “Any member town seeking to withdraw shall, by vote at an annual or special Town Meeting (Add ‘/Council Meeting or Town Election’ . . .” as
determined by legal counsel).

In Section VIII (Withdrawal)-B-Procedure:
Paragraph 1: Change “The secretary of the Committee shall mail or deliver a notice in writing to the Board of Selectmen (Add ‘or Town Manager’) of each member town that the Committee has drawn up an amendment to the Agreement providing for the withdrawal of a member town (enclosing a copy of such amendment.) The Selectmen (Add ‘or Town Manager’) of each member town shall include in the warrant for the
next annual or special Town Meeting (Add ‘/Council Meeting or Town Election . . .”
as determined by legal counsel.

Paragraph 2: Change “Such amendment shall take effect upon its acceptance by all of the member towns, acceptance by each town to be by a majority vote at a Town Meeting (Add ‘/Council Meeting or Town Election.” as determined by legal counsel.

In Section IX (Withdrawal of Elementary Grades: Pre-Kindergarten-8)-A-Vote Required: Paragraph 1: Change “Both of the member towns of the District shall resume jurisdiction over the education of pupils in Grades Pre-Kindergarten through 8, inclusive, residing in their respective towns if any member town, by vote at an annual or special meeting (Add ‘/Council Meeting or Town Election . . .” as determined by legal counsel.

In Section IX (Withdrawal of Elementary Grades: Pre-Kindergarten-8)-B-Effective Date:
Paragraph 1: Change “A two-thirds vote in either town, at a regular or special Town Meeting (Add ‘/Council Meeting or Town Election” as determined by legal counsel.

In Section IX (Withdrawal of Elementary Grades: Pre-Kindergaten-8)-C-Notification:
Paragraph 1: Change “The Clerk of a member town which has voted to resume such jurisdiction shall notify the Committee and the Board of Selectmen (Add ‘or Town Manager’) of every other member town in writing that such town has so voted . . . .”


ARTICLE 2. To see if the Town will vote to accept as a Town Way the roadway known as "Karen's Way" as shown on a recorded plan entitled Definitive Subdivision of land, Raynham, MA, "Karen's Way Subdivision" dated 3/10/06 by K&J Engineering 2105 Grove St. Middleboro, MA 02346 and recorded with Bristol County Northern District Registry of Deeds at Book 444, Pages 79-80. Such acceptance being subject to conveyance, in fee, of said way by the owner or owners at no cost to the town; or take any action relative thereto.

ARTICLE 3. To see if the Town will vote to accept as a Town Way the roadway known as Foxwood Lane as shown on a recorded plan entitled Definitive Subdivision of Land, Raynham, MA “The Village at Foxwoods” Dated April 1, 2004, Last Revised Date December 17, 2004~by Arthur F.~Borden & Associates Inc., 302 Broadway, Unit 4, Raynham, MA 02767 and recorded with the Bristol County Northern District Registry of Deeds, Plan Book 432, Pages 58-59.~ Such acceptance being subject to conveyance, in fee, of said way by the owner or owners at no cost to the Town; or take any action relative thereto.

ARTICLE 4. To see if the Town will vote to accept as a Town Way the roadway known as Homestead Drive, Parson’s Way, Durham Drive and Carriage Hill Drive up to Station 14+ 00 as shown on a recorded plan entitled Definitive Subdivision of Land, Raynham, MA, “Carriage Hill Estates” dated July 27, 2004, Last Revised 12/30/04, by Outback Engineering, Inc., 165 East Grove Street, Middleboro, MA  02346, and recorded with the Bristol County Northern District Registry of Deeds in Plan Book 434, Pages 37-43.  ~Such acceptance being subject to conveyance, in fee, of said way by the owner or owners at no cost to the Town; or take any action relative thereto.

ARTICLE 5. To see if the Town will vote to transfer the sum of $7,500.00 from Free Cash for the purpose of purchasing computer software including a one-time setup fee for the Town Accountant’s office; or take any action relative thereto. (Submitted by Town Accountant)
Note: Paper saving system will scan and electronically file invoices and backup material saving paper, file cabinets, storage space and time.                                            RECOMMENDED

ARTICLE 6.  To see if the Town will vote to rescind Article 8 of the May 2010 Annual Town Meeting and replace it with the following:

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 Wraparound Program run by the Parks and Recreation Department and to authorize expenditures of $256,400 during FY 11 as follows:

Salaries/Wages  $152,900.00
Benefits                $47,200.00
Expenses                $56,300.00
Total                   $256,400.00

The off-sets receipts account is to be credited with all fees and charges received during FY 11 from persons using these services; or take any action relative thereto. (Submitted by Park and Recreation)                                              RECOMMENDED     

ARTICLE 7. To see if the Town will vote to transfer from Free Cash the sum of $5,000 for reconstruction/refurbishment of the Pleasant Street basketball courts; or take any action relative thereto. (Submitted by Park and Recreation)                         RECOMMENDED

ARTICLE 8. To see if the Town will vote to transfer from Free Cash the sum of $11,693.30 for prior year bills for the departments listed; or take any action relative thereto. (Submitted by the Board of Selectmen)

Data Processing/MIS                     $10,199.00
Town Building Maintenance               $730.00
Animal Control                  $15.00
Memorial and Armistice Day              $749.30                 RECOMMENDED

ARTICLE 9. To see if the town will transfer the sum of $16,000.00 from the Sale of Lots Account (Cemetery Department) for the purpose of funding road / infrastructure improvements at the Pleasant Street Cemetery; or take any action relative thereto. (Submitted by the Cemetery Commission)                                                                RECOMMENDED

ARTICLE 10. 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 11. To see if the town will vote to reauthorize the Fire Alarm Revolving Fund under MGL Chapter 44 Section 53E ½ for the purpose of receiving and expending funds generated from fire alarm permits, inspections and details. Receipts generated 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 and 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 12. To see if the town will vote to transfer from Free Cash the sum of $100,000 to a new stabilization account created for the purpose of purchasing a new Fire Engine/ Pumper vehicle for the Fire Department; or take any action relative thereto.(Submitted by the Fire Department and Capital Planning Committee)                                                                                   RECOMMENDED

ARTICLE 13. To see if the town will vote to transfer $5,000 from  Ambulance Receipts Reserved Account and $5,000 from the Fire Alarm Revolving Account for a total of $10,000 to remodel and update the front office of the Fire Department; or take any action relative thereto.
(Submitted by the Fire Department and Capital Planning Committee) RECOMMENDED                                                                   
ARTICLE 14. To see if the town will vote to transfer from Free Cash the sum of $6,900 to upgrade Software programs and computer equipment at the Fire Department; or take any action relative thereto. (Submitted by the Fire Department)                       RECOMMENDED
        
ARTICLE 15. To see if the town will vote to transfer from Free Cash the sum of $2,207.25 for settlement of the Fire Chief’s contract; or take any action relative thereto. (Submitted by the Fire Department)                                                   RECOMMENDED

ARTICLE 16. To see if the Town will vote to transfer from the Ambulance Receipts Reserved Account the sum of $244,263 as detailed below to the Ambulance Operating Account, for the purpose of operating the Ambulance Service for the Fire Department for the last six (6) months of FY 2010, or take any action relative thereto. (Submitted by Fire Department)
.
                Personnel Expenses              $190,798.00
                Expenses                        $  53,465.00
                                                $244,263.00             RECOMMENDED

ARTICLE 17. To see if the Town will vote to transfer the sum of $9,800.00 from the Fire Alarm Revolving account to repair & equip a 2003 F250 Ford Pickup.  This truck will replace a 1988 F250 Ford Pickup which is currently being used as a forestry truck, and any monies not used to be returned to the Fire Alarm Revolving Account; or take any action relative thereto. (Submitted by the Fire Department)                                      RECOMMENDED

ARTICLE 18. To see if the Town will vote to transfer from Free Cash the sum of $7,000 for upgrades to the Town Office computer system; or take any action relative thereto.
                                                                        RECOMMENDED
ARTICLE 19. To see if the Town will vote to transfer from the Solid Waste Facilities Stabilization Account the sum of $40,000.00~for the purchase of a pickup truck with utility body, emergency lighting systems and snow plow attachments to replace a truck that has been taken out of service; or take any action relative thereto. (Submitted by the Highway Department and Capital Planning Committee)                    RECOMMENDED
ARTICLE 20. To see if the Town will vote to transfer from Free Cash the sum of $10,000 for the purchase of an infield groomer for the purpose of conditioning of baseball fields so that the Highway Dept. can preserve the material washing away and provide a safe playing surface for those using the field; or take any action relative thereto.  (Submitted by the Highway Department)                                                             RECOMMENDED
ARTICLE 21. To see if the Town will transfer from Free Cash the sum $ 78,500 for the purchase of two new police cruisers; or take any action relative thereto. (Submitted by the Police Department and Capital Planning Committee)              RECOMMENDED
ARTICLE 22. To see if the Town will transfer from the Sewer Enterprise Retained Earnings Account the sum of $30,000 to hard-pipe and house an emergency by-pass pump for the Rte 44 pump station; or take any action relative thereto. (Submitted by the Sewer Commissioners)
Note: The Sewer Department believes the existing pump is inadequate for the current flow characteristics. The funding would be to modify this pump to be hard-piped and wired to become a permanent by-pass system.                                     RECOMMENDED
ARTICLE 23. To see if the Town will transfer from the Sewer Enterprise Retained Earnings Account the sum $30,786 for the purchase of a pickup truck and related equipment for the Sewer Department; or take any action relative thereto. (Submitted by the Sewer Commissioners)                                                 RECOMMENDED
ARTICLE 24. To see if the Town will transfer from Free Cash the sum of $76,622.10 to the Raynham Development Revolving Fund; or take any action relative thereto.               
Note: These funds were collected over the last 5 years from TIFF grantees but were placed in the General Fund because the Raynham Development Revolving Fund had not yet been approved by the Legislature.                                              RECOMMENDED
ARTICLE 25. To see if the Town will vote to transfer from Free Cash the sum of $100,000 for the purpose of repairing or replacing the heating control system at the LaLiberte Elementary School; or take any action relative thereto. (Submitted by the Bridgewater-Raynham School Committee)                                           RECOMMENDED

ARTICLE 26. To see if the Town will vote to transfer from Free Cash the sum of $22,000 for the purpose of resurfacing the overflow parking lot at the Raynham Middle School; or take any action relative thereto. (Submitted by the Bridgewater-Raynham School Committee)                                                                               NOT RECOMMENDED

ARTICLE 27.  To see if the Town will vote to transfer from the Raynham School Maintenance Stabilization Account the sum of $13,500 for the purpose of replacing and relocating the fire alarm panel at the Raynham Middle School; or take any action relative thereto.(Submitted by the Bridgewater-Raynham School Committee) RECOMMENDED

ARTICLE 28. To see if the Town will transfer from Free Cash the sum of $100,000 to the General Stabilization Account; or take any action relative thereto.      RECOMMENDED

ARTICLE 29. To see if the Town will vote to accept the provisions of MGL Chapter 59, section 5, clause fifty-six which would allow the Board of Assessors to grant real and personal property tax abatement up to 100% of the total tax assessed to members of the Massachusetts National Guard and reservists on active duty in foreign countries for the fiscal year they performed such service subject to eligibility criteria to be established by the Board of Assessors; or take any action relative thereto.(Submitted by the Board of Assessors)

ARTICLE 30. To see if the Town will vote to request that the Board of Selectmen vote to place a Proposition 2 ½ referendum question on the ballot at the Annual Town Election in April, 2011 asking: Shall the Town of Raynham be allowed to assess an additional $              in real estate and personal property taxes for the purpose of funding the Town of Raynham’s resumption of jurisdiction over the education of pupils in grades Pre-Kindergarten through eight, inclusive, residing in Raynham, for fiscal year beginning July 1, 2012; 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 19th day of October in the year of our Lord two thousand and ten.


                                                             __________________________________
                                                                           MARIE A. SMITH

                                              __________________________________
                                                                           JOSEPH R. PACHECO  
 
                                              __________________________________
                                                                            DONALD L. McKINNON


                                                    SELECTMEN OF RAYNHAM

A true copy.  Attest:

                                                                ____________________________________                                                                  
                                                                                        LOUIS PACHECO
                                                                                       CONSTABLE


                                                                                        October 19, 2010

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