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Raynham, Massachusetts.  Incorporated 1731

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Raynham Town Seal
 
Special Town Meeting
TOWN OF RAYNHAM

THE COMMONWEALTH OF MASSACHUSETTS

SPECIAL TOWN MEETING

November 17, 2008


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 will vote to transfer from Free Cash the sum of $8,000 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 2. To see if the Town will vote to transfer the sum of $3,300.00 from the FY 2009 Highway Department Park & Grounds Account to pay Highway Department bills incurred during the previous fiscal year, or take any action relative thereto. (Submitted by the Raynham Highway Department.)  

ARTICLE 3.  To see if the Town will vote to transfer from the Ambulance Receipts Reserved Account the sum of $173,620.00 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 2008, or take any action relative thereto. (Submitted by Fire Department)

EMT Stipends                    $  89,174.00
Wages                           $  35,196.00
Expenses                        $  49,250.00
Total                           $173,620.00

ARTICLE 4.  To see if the town will vote to transfer from Free Cash certain sums of money to the accounts as detailed below in order to fund the settlement of the Office and Professional Employees International Union contract for FY 2008; or take any action relative thereto.     Note: These amounts must be carried over to FY 2009

Council on Aging Wages             $      1,439
Board of Health Wages                     488
Treasurer Wages                            3,057
Town Clerk Wages                                       2,136
Accounting Wages                                          810
Assessors Wages                                            2,140
Assessors Expense                                 400  
Salary Building Inspector                         700
Inspectional Service Wages                      1,795
Planning Board Wages                                    1,005
Conservation Commission Wages           3,231                                           
Town Offices Maintenance Wages          1,620
Cemeteries Wages                                        4,636
TOTAL                           $        23,457

ARTICLE 5.  To see if the Town will vote to transfer from the General Stabilization Account the sum of $2,200 to replace the main circulators of the heating system at the Fire/Police Station, or take any action relative thereto.
ARTICLE 6.   To see if the Town will vote to transfer from the Assessor’s Overlay Surplus Account the sum of $25,000 to the Finance Committee Reserve Fund, or take any action relative thereto.

ARTICLE 7.  To see if the Town will vote to transfer from General Stabilization Account the sum of $12,000 in order to hire a consultant to comply with the provisions of Government Accounting Standards Board – Standard 45, or take any action relative thereto.
Note: GASB 45 requires an actuarial accounting of the future health benefits for Town employees and retirees.
ARTICLE 8.  To see if the Town will vote to transfer $5,000 from the Ambulance Receipts Reserved Account to install a new wall and lockable door in the new storage room for patient medical files, or take any action relative thereto. (Submitted by the Fire Department)
ARTICLE 9.  To see if the Town will vote to amend Article 28 of the 2008 Annual Town Meeting by adding the following language in bold print, or take any action relative thereto.

Article 28. To see if the Town will vote to appropriate the sum of $1,892,553.00 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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 409,047.00
~~~~~~~~~~~ Expenses~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 810,200.00
~~~~~~~~~~~ Health Insurance/Retirement~~~~~~~~~~~~~~~133,297.00
~~~~~~~~~~~ Sewer Maintenance Facility Debt~~~~~~~~~ 72,165.00
~~~~~~~~~~~ Sewer Construction Debt~~~~~~~~~~~~~~~~~~~467,844.00
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~ ------------------
~~~~~~~~~~~ Total~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~ $1,892,553.00

And that $1,358,072.00 be raised from sewer enterprise revenues and $66,637 to come from sewer enterprise retained earnings and $467,844.00 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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 409,047.00
~~~~~~~~~~~ Expenses~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 810,200.00
~~~~~~~~~~~ Health Insurance/Retirement~~~~~~~~~~~~~~~133,297.00
~~~~~~~~~~~ Indirect Costs~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~57,800.00
~~~~~~~~~~~ Sewer Maintenance Facility Debt~~~~~~~~~ 72,165.00
~~~~~~~~~~~ Sewer Construction Debt~~~~~~~~~ ~~~~~~~~1,871,376.24
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~ ------------------
~~~~~~~~~~~ Total~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~ ~$3,353,885.24

$1,358,072.00 to come from sewer enterprise revenues, $57,800.00 for indirect costs appropriated in the general fund and funded from sewer enterprise revenues, $66,637 from sewer enterprise retained earnings, $1,403,533.00 for debt appropriated in the general fund from the tax levy, $467,844 from Sewer betterments;

ARTICLE 10.  To see if the Town will vote to transfer the sum of $_________ from Free Cash as an “other financing source” for the purpose of reducing the deficit from the May 2008 Annual Town Meeting, or take any action relative thereto.

ARTICLE 11.  To see if the Town will vote to transfer the sum of $_____________ from the General Stabilization Account as an “other financing source” for the purpose of reducing the deficit from the May 2008 Annual Town Meeting, or take any action relative thereto.

ARTICLE 12.  To see if the Town will vote to adopt the following General By-law, or take any action relative thereto:

Section  2/37           Late Charges for Municipal Collections

Except as provided in G.L. c. 59, §57, as from time to time amended, for the payment of real estate taxes, personal property taxes, betterment assessments or apportionment thereof, and water rate or annual sewer use charges added to such taxes, all municipal charges and bills shall be due and payable within thirty days of the date of mailing by the Treasurer/Collector or other Town official empowered to do so.  If such a bill or charge remains unpaid after said due date, interest shall accrue at a rate equal to the rate of interest charged on tax bills under the provisions of G.L. c. 59, §57, as from time to time amended.

ARTICLE 13.  To see if the Town will vote to adopt the following General By-law, or take any action relative thereto:

Section 2/38                           TRENCH SAFETY BYLAW


I.   PREAMBLE
In fulfillment of the obligations of the Town under Excavation and Trench Safety Regulation  M.G.L. c. 82A §1 and 520 CMR 14.00 et seq. (the “Regulations”), the Town hereby establishes a Trench Permitting procedure, sets the application fees and penalties for violators, and establishes the Building Commissioner as the permitting authority.

II. PURPOSE
The purpose and intent of this By-Law is to:

a. Protect the safety of the citizens of the Commonwealth from the hazards inherent in trenches; and
b. Provide for penalties for individuals who violate any provision of these regulations.

III. DEFINITIONS
APPLICATION FEE:  A fifty dollar $50.00 non-refundable processing fee which shall accompany each application for a Trench Permit.

EMERGENCY: An unforeseen condition in which the safety of the public is in imminent danger because of a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.

EXCAVATOR:  Any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local Government body or public agency which performs excavation operations including the excavation of trenches.

GENERAL PUBLIC: All natural persons not engaged in the creation of a trench.

PERMIT HOLDER: The excavator who is responsible for acquiring a permit from the Permitting Authority.

PERMITTING AUTHORITY:  A city, town, or public agency required to administer the provisions of 520 C.M.R. 14.03.

PUBLIC AGENCY:  A department, agency, board, commission, authority, or other instrumentality of the Commonwealth or political subdivision of the Commonwealth or two or more subdivisions thereof.

SERIOUS INJURY: A personal injury that results in death, dismemberment, significant disfigurement, permanent loss of the use of a body organ, member, function, or system, a compound fracture, or other significant injury that requires immediate admission and overnight hospitalization and observation by a licensed physician.

TRENCH: An excavation which is narrow in relation to its length, made below the surface ground in excess of 3 feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at the bottom, is no greater than 15 feet.

UNATTENDED TRENCH: A trench where neither the permit holder, excavator, nor any of the people who work in or at the trench are present.

IV. NECESSITY OF A TRENCH PERMIT
No person shall, except in an emergency, make a trench excavation, in any public way, public property, or privately owned land within the Town of Raynham until a permit is obtained from the appropriately designated permitting authority.

V. REQUIREMENTS OF A TRENCH PERMIT
The permit holder shall be responsible for obtaining the appropriate permit for the excavation of trenches for each project from the appropriate permitting authority. In order to obtain a permit, the following information must be submitted to
the permitting authority:

(a) Completed application;
(b) Certificate of insurance;
(c) Required fee in accordance with 520 CMR 14.03 (6) where applicable

VI. APPLICATION PROCEDURE
Completed and signed Trench Applications will be forwarded to the Building Commissioner for review. The Building Commissioner shall promptly review the Application and shall include any permit conditions deemed appropriate.

If the Application is considered favorably, a Trench Permit containing such conditions and supplemental instructions as the Permitting Authority reasonably deems appropriate shall promptly issue upon the satisfaction of any conditions precedent which the Permitting Authority may establish.  If the Application is not favorably considered, the Permitting Authority shall communicate in writing to Applicant the reasons its Application was not favorably considered.      

VII.   Revocation and Suspension of Permit by Permitting Authority
The permitting authority may, after a hearing, suspend or revoke a permit issued pursuant 520 CMR 14.03. All hearings under this section shall be held in accordance with G.L. c. 30A and 801 CMR 1.02. Each permitting authority shall have the discretion to establish the grounds consistent with this regulation for a suspension or revocation however such suspension or revocation shall not be imposed in a manner which directly, substantially or specifically regulates the occupational safety or health of any employee engaged in employment covered by the Federal Occupational Safety and Health Act.

VIII. Immediate Shutdown by State or Local Authorities
Whenever the permitting authority, or an inspector from either the Department of Public Safety or the Division of Occupational Safety deems a condition at a trench site to be a threat to public safety he may order that the area around the trench be made safe for the general public and may further order the immediate shutdown of the site until such time as the condition has been corrected to the satisfaction of the authority responsible for the immediate shutdown.

Conditions which warrant immediate shutdown of a trench site by the local permitting authority, an inspector from the Department of Public Safety or the Division of Occupational Safety may include:
1. A fatality or serious injury to a member of the general public;
2. Failure to use protections for the General Public in accordance with this regulation or an ineffective use of any protection for the General Public allowed by 520 CMR 14.04;
3. Failure to obtain a permit from the permitting authority;
4. Any other condition that constitutes a serious threat to life, limb or property of the general public as determined by the permitting authority, an inspector from the Department of Public Safety, or the Division of Occupational Safety.

IX. Re-Inspection following Immediate Shutdown
The trench site shall remain closed until all necessary repairs and corrections have been made to the satisfaction of the authority responsible for the immediate shutdown, provided however, that the Department of Public Safety and Division of Occupational Safety shall have concurrent jurisdiction to authorize the reopening of a trench shut down by either agency.

Reopening of the site may not occur until the site has been inspected by the authority ordering the immediate shutdown and found to be safe for reopening and operation.

X. Appeal from Immediate Shutdown
Any person aggrieved by the decision by the Department of Public Safety, the Division of Occupational Safety, or the permitting authority to shut down a trench site pursuant to 520 CMR 14.05 may make an appeal for a hearing to the entity responsible for the immediate shutdown. The site shall remain shut down during the appeal period. Such appeal shall be made in writing within 10 calendar days. Upon receipt of the appeal, a hearing shall be scheduled promptly. All hearings under this provision shall be held in accordance with G.L. c. 30A and 801 CMR 1.02. Any person aggrieved by a decision after hearing may appeal to the Superior Court in accordance with G.L. c. 30A § 14.

XI. Serious Injury/Fatality
An excavator shall report all serious injuries or fatalities which occur at the location of a trench to the State Police within one hour from the time the serious injury occurred.

In the event that a serious injury or fatality occurs, the trench site shall be immediately secured. The site surrounding the trench shall not be disturbed, cleaned, or altered in any way except by a public authority or as necessary for the preservation of life and property or the removal of the injured person(s) until receiving express authorization from an inspector of the Department of Public Safety.


ARTICLE 14.  To see if the Town will vote to accept the layout and relocation of portions of East Britannia Street and Thrasher Street as voted by the Town of Raynham Board of Selectmen and as shown on three sheets of a plan entitled, “Plan of Proposed Roadway Layout and Takings, East Britannia & Thrasher Streets, Raynham, Massachusetts, Prepared By Earth Services Corporation, Date:  May 5, 2003, Rev. June 12, 2003, Scale 1” =  40’”, said plan being on file in the Office of the Town of Raynham Town Clerk; or take any other action relative thereto.


ARTICLE 15.  To see if the Town will vote to authorize the Board of Selectmen to accept as a gift, purchase or take by eminent domain, for the public purpose of widening for public safety East Britannia Street and Thrasher Streets and providing for a walking path and bike path around the perimeter of a portion of the Borden Colony property, the following parcels of land:

Parcels P1, P2 and P3 shown on a plan entitled, “Plan of Proposed Roadway Layout and Takings, East Britannia & Thrasher Streets, Raynham, Massachusetts, Prepared By Earth Services Corporation, Date:  May 5, 2003, Rev. June 12, 2003, Scale 1” =  40’”, said plan being on file in the office of the Town of Raynham Town Clerk.  Funds for this purpose, including land damages, cost of appraisal and other incidental and consequential expenses, have been previously appropriated in Article 28 of the November 28, 2002 Special Town Meeting as well as funds presently on hand for the Town of Raynham Highway Department as part of Chapter 90 funds, or take any other action relative thereto.


ARTICLE 16.  To see if the Town will vote to abandon and discontinue certain portions of East Britannia Street and Thrasher Street shown as Parcels D1, D2, D3, D4, D5 and D6 on a plan entitled, “Plan of Proposed Roadway Layout and Takings, East Britannia & Thrasher Streets, Raynham, Massachusetts, Prepared By Earth Services Corporation, Date:  May 5, 2003, Rev. June 12, 2003, Scale 1” =  40’”, said plan being on file in the Office of the Town of Raynham Town Clerk; or take any other action relative thereto.

ARTICLE 17.  To see if the Town will vote to accept as a gift, purchase, or take by eminent domain a permanent drainage easement in a portion of a certain parcel of land now or formerly owned by John D. Noblin, Jr. and Francis Campbell, Trustees of the King Phillip Realty Trust abutting Thrasher Street which is described below for the public purpose of alleviating flooding or potential flooding along Thrasher Street.  The funds for this article, including any incidental and consequential expenses therefore, including land damages, cost of appraisal and other costs incurred, will be taken from the Highway Department operating budget, with any further funds being taken from Article 18 of the November, 2002 Special Town Meeting; or take any action relative thereto:

Beginning at a point along the easterly sideline of Thrasher Street, said point being the southwest property corner of  Parcel A on a Plan entitled, “Plan of Land Assessors Map 6A, Plot 9 off Thrasher Street in Raynham, Bristol County, MA”, Owner/Applicant: King Phillip Realty Trust, John Noblin, Trs., by Gallagher Engineering, Inc., dated March 25, 2003, recorded in Bristol County Northern District Registry of Deeds at Book 420, Page 31,

Thence S 36 degrees 26’12” E a distance of 212.61 feet,
Thence N 57 degrees 19’20” W a distance of 200.00 feet to a point on the easterly sideline of Thrasher Street,
Thence, along the easterly sideline of Thrasher Street, by a curve having a radius of 250.00 feet a distance of 76.10 feet to the point of beginning.

The above described easement contains 7,434 square feet and is shown on the above-entitled Plan, a copy of which is on file at the Raynham Assessors’ Office.

ARTICLE 18.  To see if the Town will vote to accept as a gift, purchase, or take by eminent domain a certain parcel of real estate now or formerly owned by John D. Noblin, Jr. and Francis Campbell, Trustees of the King Phillip Realty Trust which is described below for the public purpose of alleviating flooding or potential flooding along Thrasher Street.  The funds for this article, including any incidental and consequential expenses therefore, including land damages, cost of appraisal and other costs incurred, will be taken from the Highway Department operating budget, and also Chapter 90 funds, with any further funds being taken from Article 18 of the November, 2002 Special Town Meeting; or take any action relative thereto:

A certain parcel of land in Raynham, Bristol County, Massachusetts, off Thrasher Street being shown as Parcel A on a Plan entitled “Plan of Land Assessor’s Map 6A, Plot 9 Off Thrasher Street in Raynham, Bristol County, MA”, Owner/Applicant King Phillip Realty Trust, John Noblin, Trs., by Gallagher Engineering, Inc., dated March 25, 2003, recorded in Bristol County Northern District Registry of Deeds at Book 420, Page 31. Said Parcel A contains 93,008 square feet more or less.  Parcel A is further described as follows:

Beginning at a point along the southerly sideline of Thrasher Street, said point being the northeast corner of the above described Parcel A,

Thence S 05 degrees 32’50” E a distance of 170.00 feet,
Thence S 01 degrees 25’22” E a distance of 84.37 feet,
Thence S 13 degrees 35’30” W a distance of 114.43 feet,
Thence S 44 degrees 44’37” W a distance of 195.73 feet,
Thence N 36 degrees 26’12” W a distance of 212.61 feet to a point on the easterly sideline of Thrasher Street,
Thence, by the easterly sideline of Thrasher Street, N 24 degrees 58’52” E a distance of 323.00 feet to a point of curvature,
Thence by a curve having a radius of 66.00 feet a distance of 70.27 feet,
Thence N 85 degrees 59’00” E a distance of 30.18 feet,
Thence by a curve having a radius of 350.00 feet a distance of 50.75 feet to the point of the beginning.

The above described Parcel A is shown on the above-entitled Plan, a copy of which is on file at the Raynham Assessors’ office.



    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 21st day of October in the year of our Lord two thousand and eight.


                                                                 __________________________________
                                                                           JOSEPH R. PACHECO  

                                              __________________________________
                                                                            DONALD L. McKINNON

                                              __________________________________
                                                                            MARIE A. SMITH


                                                    SELECTMEN OF RAYNHAM

A true copy.  Attest:

                                                                ____________________________________                                                                  
                                                                                        LOUIS PACHECO
                                                                                       CONSTABLE


                                              October 21, 2008

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



 
Town of Raynham 558 South Main St., Raynham, MA 02767
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