TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
SPECIAL TOWN MEETING
November 15, 2004
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 $91,000 to the purchase 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 $25,000 for a new emergency generator for the Fire Station/Police Station/Town Office complex; 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 $60,000 for computer hardware and software to upgrade, further integrate and provide added security for the Town’s computer network; 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 $55,900 for the Town Accountant’s Office in order to automate the Town’s General Ledger and convert to Uniform Municipal Accounting Standards; 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 $21,000 for the purpose of replacing the current steel sander at the Highway Deartment with a stainless steel sander or a flow and dump body, which has the sander built into the body, or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 6: To see if the Town will vote to transfer from Free Cash the sum of $40,000 for the purpose of replacing one pick-up truck for the Highway Department with a diesel powered truck with plow, or take any action relative thereto. This purchase replaces a truck that can no longer be used for snow and ice and has very limited use within the Department. (Submitted by the Capital Planning Committee)
ARTICLE 7: To see if the Town will vote to transfer from Free Cash the sum of $15,700 for the purpose of purchasing attachments for the skid steer loader, or take any action relative thereto. These attachments will allow the Highway Department to utilize a recently acquired skid steer loader for snow and ice, street cleaning and tree work. (Submitted by the Capital Planning Committee)
ARTICLE 8: To see if the Town will vote to transfer from Free Cash the sum of $38,000 for the purpose of purchasing equipment lift for the garage, or take any action relative thereto. This lift will be used for the maintenance of all Highway Department vehicles in a safe manner. (Submitted by the Capital Planning Committee)
ARTICLE 9: To see if the Town will vote to transfer from Free Cash the sum of $51,200 for the construction and improvements of the Town infrastructure in addition to any funds allotted by the Commonwealth and/or County; or take any action relative thereto. This amount is a combination of the $16,000 shortfall on the operation budget and $35,200 additional funds necessary to address the road mitigation issues in Martin Acres subdivision as result of sanitary sewer installation. (Submitted by the Capital Planning Committee)
ARTICLE 10: To see if the Town will vote to transfer from free cash the sum of $75,000 for the construction of a new storage garage for the Parks and Recreation Department, or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 11: To see if the Town will vote to transfer the sum of $35,000 from the Sewer Enterprise Account to purchase a 8800 G.V.W. pickup truck for the sewer department; 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 $90,000 from the Sewer Enterprise Account to install variable frequency drives and controllers at the Route 44 Pumping Station; or take any action relative thereto. (Submitted by the Capital Planning Committee)
Note: This sum will be combined with the sum of $25,000 approved by Article 36 at the November 2001 Special Town Meeting to accomplish this upgrade.
ARTICLE 13: To see if the Town will vote to transfer the sum of $85,000 from the Sewer Enterprise Account to replace the South Street East sewer force main; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 14: To see if the Town will vote to transfer from Free Cash the sum of $150,000 into a stabilization account to be established for the purpose of purchasing a new or used ladder truck for the Fire Department; or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 15: 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 16: To see if the Town will vote to transfer from Article 31 of the 2002 Annual Town Meeting the sum of $30,000 in order to fence in the baseball fields at the Middle School, or take any action relative thereto. (Submitted by the Capital Planning Committee)
ARTICLE 17: To see if the Town will vote to accept the layout of the widening and relocation of a portion of the town way known as Orchard Street, as shown on a plan entitled “TOWN OF RAYNHAM PLAN OF THE WIDENING AND RELOCATION OF A PORTION OF ORCHARD STREET, Scale 1:250 in Meters, Roger Stolte, Highway Superintendent, Kenneth Conte Land Surveyor, Plan Prepared by Beals and Thomas, Inc., Reservoir Corporate Center, 144 Turnpike Road (Route 9), Southborough, Massachusetts 01772” a copy of which is on file with the Town Clerk, or take any action relative thereto.
ARTICLE 18: To see if the Town will vote to transfer from Article 31 of the 2002 Annual Town Meeting the sum of $21,000 to be used to compensate the Town of Bridgewater for their FY05 expenses for local building inspections of the new high school; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 19: To see if the Town will vote to transfer from Article 31 of the 2002 Annual Town Meeting the sum of $30,000 for the payment of a bill from a previous fiscal year for J.T. Callahan & Sons for the Merrill/LaLiberte School Project; or take any action relative thereto. (Submitted by the Board of Selectmen)
Note: the Company made a transposition error on one of its bills.
ARTICLE 20: To see if the Town will vote to raise and appropriate $248,602 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 21: To see if the town will vote to raise and appropriate the sum of $4,000 to replace a heating/air conditioner unit for the police station; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 22: To see if the Town will vote to raise and appropriate the sum of $6,500 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 23: To see if the Town will vote to raise and appropriate the sum of $5,000 for the Highway Wage account for maintenance of the grounds at the Town Offices and Gilmore Hall; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 24: To see if the Town will vote to transfer from Free Cash the sum of $1,600 to update the fixed asset reporting for fiscal year 2004, or take any action relative thereto.
(Submitted by the Board of Selectmen)
ARTICLE 25: To see if the Town will vote to transfer from Free Cash the sum of $2,500.00 to maintain the Police Department mobile data terminals (2), or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 26: To see if the Town will vote to transfer from Free Cash the sum of $9,500.00 to the Police Expense account to send two (2) officers to the recruit police academy, or take action relative thereto. (Submitted by the Police Department) (This action is being taken to train in advance of foreseeable replacements to the full time force. They are on the reserve list and are active special officers. These funds are for expenses only.)
ARTICLE 27: To see if the Town will vote to transfer from Free Cash the sum of $762.50 to pay an ambulance transportation for a prisoner in a prior year, or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 28: To see if the Town will vote to transfer from Free Cash the sum of $171.36 to pay an arbitration award from a prior fiscal year, or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 29: To see if the Town will vote to transfer from Free Cash the sum of $111.06 to pay an arbitration award from a prior fiscal year, or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 30: To see if the Town will vote to transfer the sum of $154,007 from Article 26 of the 2003 Annual Town Meeting as an “other financing source” to reduce the tax rate; or take any action relative thereto.
ARTICLE 31: To see if the Town will vote to transfer the sum of $250,000 from the Overlay Surplus Account as an “other financing source” to reduce the tax rate, or take any action relative thereto.
ARTICLE 32: To see if the Town will vote to transfer the sum of $50,000 from Article 31 of the 2002 Annual Town Meeting as an “other financing source” to reduce the tax rate, or take any action relative thereto.
ARTICLE 33: To see if the Town will endorse the Taunton River Stewardship Plan developed by the Taunton Wild and Scenic River Study Committee, together with its recommendation to seek Wild and Scenic River designation through act of the United States Congress, or take any action relative thereto.
ARTICLE 34: To see if the Town will vote to authorize the Board of Selectmen to enter into an inter-municipal agreement with the City of Taunton on such terms as the Raynham Board of Selectmen deem to be in the best interest of the Town regarding the Town of Raynham’s use of the Municipal Wastewater Treatment Plant located in Taunton, for a period of time not to exceed 25 years; or take any action relative thereto.
ARTICLE 35: To see if the Town will vote to accept as a gift the parcel identified as Assessors’ Map 7, Lot 201, a 10.56-acre parcel owned by Denise Tavares and recorded at the Bristol County Registry of Deeds, Northern District in Book 9620, Page 241. Said parcel is to be donated to the Conservation Commission for open space; or take any action relative thereto.
ARTICLE 36: To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and MD Cabinetry, Inc., 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 (“Route 138 MD Cabinetry, Inc., 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 parcel identified as Assessors’ Map 4, Lot 40. 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.
ARTICLE 37: To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and Schwan’s Home Services, Inc., 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 (“Raynham Woods Schwan’s, 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 Assessors’ Map 15, Lot 176-2B. 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.
ARTICLE 38: To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and Hampton Inn, Raynham Hotel LLC, 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 (“Route 44 Hampton Inn, 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 parcel identified as Assessors’ Map 14, Lot 168 and 169. 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.
ARTICLE 39: 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, 53 Orchard 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, in accordance with Chapter 23A, Section 3A-H; Chapter 40, Section 59; and Chapter 59, Section 5 of the Massachusetts General Laws, and 751 CMR 11.00 and 402 CMR 2.00 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:
a. 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, and the Town Planner. 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.
b. 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.
ARTICLE 40: To see if the Town will accept as gifts parcels of land identified as Map 4, Lot 108, Lot 108-9A and Lot 108-16A, or take any action relative thereto.
Note: These lots are associated with the Forest Park subdivision.
ARTICLE 41: To see if the Town will accept as a gift parcels of land identified as Map 7, Lot 116-73A and Lot 116-22C; Map 4, Lot 116A and Map 8, Lot 116-9A; or take any action relative thereto.
Note: These lots are associated with King Philip Estates II.
ARTICLE 42: To see if the Town will vote to adopt a General By-Law as follows:
Section 2/34: By-Law Prohibiting the Use of Gas or Electric Powered Scooters,
Powerboards, All-Terrain Vehicles and Mini-Motorbikes
a. Definition: This section refers to scooters, powerboards, all-terrain vehicles and mini-motorbikes that have handlebars, that have two or more wheels, that are designed to be stood upon or sat upon by the operator, and that are gas or electric powered by an engine or motor capable of propelling the vehicle with or without human thrust. Excluding wheelchairs and vehicles, which are medically necessary.
b. Prohibition from Sidewalks. No person may use, ride or otherwise operate a gas or electric powered scooter, powerboard, all-terrain vehicle or mini-motorbike on a sidewalk of the Town of Raynham.
c. Prohibition from Streets. No person may use, ride or otherwise operate a gas or electric powered scooter, powerboard, all-terrain vehicle or mini-motorbike on a public way, private way, street, or on the grounds of any public school or any Town-owned property in the Town of Raynham unless that person is sixteen (16) years of age or older and is carrying a valid driver’s/operator’s license.
d. Penalties. Any person violating the provisions of this By-law shall be subject to a fine of twenty-five dollars and no cents ($25.00) for a first offense and fifty dollars and no cents ($50.00) for a second or any subsequent offense, but a court of competent jurisdiction may substitute community service for any fine monies.
e. Exceptions. Nothing in these sections shall prevent the legal use of (i) any mechanical or motorized device designed and used to assist a person with a disability affecting ambulation, (ii) a moped that has been registered with the Massachusetts Registry of Motor Vehicles and (iii) a motorized bicycle that has been registered with the Massachusetts Registry of Motor Vehicles.
f. Enforcement. The Raynham Police Department shall have the authority to enforce this section. The provisions of Massachusetts General Laws c 40,sec. 21D may be used to enforce these sections. The Raynham Police Department shall have the authority to impound any vehicle in violation of this By-law.
g. Violation. In addition to the fines described in section (d) above, anyone who violates this section shall forfeit the vehicle immediately and the Town shall have possession of the same and shall return it only upon payment of a fine in accordance with section (d), a forfeiture collection fee of $150.00 and a storage fee of $10 per diem. The vehicle will be permanently forfeited for the second offense;
h. Vendors. All vendors in the Town of Raynham selling vehicles described in section (a) shall be required to post in clear and conspicuous terms the statement that these vehicles are banned on public and private ways, sidewalks and public grounds in the Town of Raynham and deliver a copy of this By-Law to a purchaser of any vehicle defined under this By-Law; 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 four.
__________________________________
RAYMOND W. PLATT
__________________________________
JOHN M. DONAHUE
__________________________________
DONALD L. McKINNON
SELECTMEN OF RAYNHAM
A true copy. Attest:
____________________________________
PETER KING
CONSTABLE
October 19, 2004
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.
________________________________
PETER KING
CONSTABLE OF RAYNHAM
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