Annual Town Meeting Warrant - June 15, 2020

Notice

ANNUAL REPORT & RECOMMENDATIONS

 

 

of the

 

 

FINANCE COMMITTEE

 

TOWN OF RAYNHAM

 

 

to the

 

 

 

ANNUAL TOWN MEETING

Monday, June 15, 2020 - 7:00 P.M. at the RAYNHAM MIDDLE SCHOOL

 

 

 

 

FINANCE COMMITTEE

 

GILBERT L. ALEGI, CHAIRMAN

 

LINDA DEMELLO                                                           DANIEL MCNALLY

THEODORE SARGENT                                                  JAMES HALUCH                                                             DAVID LAMARCO      

 

 

 

 

 

 

 

 

 

 

  

 

BRING THIS REPORT WITH YOU TO TOWN MEETING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To All Residents of Raynham:          

 

The attached warrant has been prepared by the combined efforts of the Department Managers, Board of Selectmen, Town Administrator, Town Accountant and the Finance Committee.

 

Department managers were asked to hold the increase over the prior year for Expenses to less than 2.0%, plus negotiated Personnel Expenses (wage and salary increases). Once again our managers did well in complying with the request. We on the Finance Committee appreciate the efforts of everyone involved and thank all contributors for their dedication to the Taxpayers of Raynham.

 

It is has been predicted  that there will be a reduction in Fiscal Year 2021 revenues due to the impact of COVID-19 and that has been taken into account with a reduction in some expenses. The Finance Committee recommends a Total Fiscal Year 2021 General Fund Budget of $43.7 million, up approximately 5.1 % over the prior year. As of this date, the projected revenues just about meet the recommended expenditures (see the last page for detail).

 

It is the expectation of the Finance Committee that the expenditures related to Fiscal Year 2021 wage and salary increases now under negotiation will be funded from the budget surplus. We are of the opinion that the voters at the Fall Special Town Meeting will be able to fund the Capital requirements from Fiscal Year 2020 Certified Free Cash and other funding sources. Fiscal Year 2021 Certified Free Cash may not be large enough to fund a significant amount of Capital.

 

The budget format is unchanged from the prior years, which complies with the Department of Revenue’s recommended Chart of Accounts.  The two line format of Personnel Expenses and Expenses for each department provides our managers greater flexibility in expenditures and allows enhanced analysis of actual and budgeted amounts.

 

The Fall Town Meeting will be held in late October to consider capital articles, and any adjustments required after the Annual Town Meeting.

 

Town of Raynham

Finance Committee

ANNUAL TOWN MEETING

 

TOWN OF RAYNHAM

 

THE COMMONWEALTH OF MASSACHUSETTS

 

June 15, 2020

 

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 in said Raynham, on Monday, the 15th day of June, Two Thousand and Twenty and 7:00 o’clock in the evening, then and there to act on the following Articles:

 

ARTICLE 1.To choose by nomination all minor Town Officers-fence viewers and field drivers, surveyor of lumber and measurer of wood; or take any action relative thereto.

 

ARTICLE 2.To see if the Town will vote to accept the report of the Town Officers; or take any action relative thereto.

 

ARTICLE 3.To raise such sums of money as may be necessary to defray Town charges and make appropriations for same; or take any action relative thereto.

 

ARTICLE 4.To see if the Town will vote to authorize the Board of Selectmen to sign contracts on behalf of the Town of Raynham upon such terms and conditions as they deem appropriate for any matter which requires a signed contract by the Board of Selectmen; or take any action relative thereto.

 

(Submitted by the Board of Selectmen)

 

ARTICLE 5.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 6.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)                                           RECOMMENDED

 

ARTICLE 7.To see if the Town will vote to authorize the Town Treasurer-Collector, 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, 2020, 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)                                            RECOMMENDED

 

 

 

ARTICLE 8.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, run by the Parks and Recreation Department, and to authorize expenditures of $427,006 for the fiscal year beginning July 1, 2020 as follows:

 

Salaries/Wages

292,881

Benefits

29,000

Expenses

105,125

Total

$427,006

 

 

The offset receipts account is to be credited with all fees and charges received during FY 21 from persons using these services; or take any action relative thereto.

 

(Submitted by the Park & Recreation Department)                          RECOMMENDED

 

ARTICLE 9.To see if the Town will vote to transfer from Receipts Reserved for Appropriation account number 220-650 Borden Colony the amount of $27,710 to the General Fund to offset the associated Borden Colony expenditures of the general operating budget, any unused funds at the end of Fiscal Year 2021 to be returned to the Borden Colony Receipts Reserved for Appropriation Account; or take any action relative thereto.

 

(Submitted by the Park & Recreation Commission) RECOMMENDED

ARTICLE 10.To see if the Town will vote to appropriate the sum of $2,955,537 to be raised from sewer enterprise revenues, for the operation and maintenance of the Sewer Department, as categorized below, or take any action relative thereto:

 

Note:  The Finance Committee recommends that the following sums be appropriated to operate the sewer enterprise:

 

Salaries and Wages

 650,966

Expenses

1,958,200

Health Insurance

144,735

Retirement

101,834

Indirect Costs

 99,802

Total

$ 2,955,537

 

 

(Submitted by the Sewer Commission)                                            RECOMMENDED

 

ARTICLE 11.To see if the Town will vote to raise and appropriate the sum of $60,000 for the Sewer Betterment Fund, or take any action relative thereto.

(Submitted by the Board of Selectmen)                                            RECOMMENDED

 

ARTICLE 12.To see if the Town will vote to appropriate $543,155 from the Betterment Reserve Fund for Sewer Construction Debt, or take any action relative thereto.

 

(Submitted by the Sewer Commission)                                            RECOMMENDED

 

ARTICLE 13.To see if the Town will vote to transfer the sum of $48,200 from the Sewer Maintenance Facility Debt Account for the annual payment to the Maintenance Facility Debt, or take any action relative thereto.

 

(Submitted by the Sewer Commission)                                            RECOMMENDED

 

Note:  $ 1,629,463 is already appropriated in the General Fund from the tax levy for Sewer Construction Dept.

 

ARTICLE 14.To see if the Town will vote to transfer $401,741 as detailed below from the ambulance receipts account to operate the ambulance service for the first half of FY2021; any unused funds at the end of Fiscal Year 2021 to be returned to the ambulance receipts account; or take any action relative thereto.

(Submitted by the Fire Department)                                                RECOMMENDED

 

Personnel Expenses

266,025

Expenses

135,716

Total

$401,741

 

 

ARTICLE 15.To see if the Town will vote to transfer from Bond Premiums the sum of $11,507 for payment of FY 21 Debt Service as described below; or take any action relative thereto.

(Submitted by the Accounting Department)                                     RECOMMENDED

 

General Fund

75%

$8,630

Sewer Fund

25%

$2,877

 

 

Note: These are funds amortized over the life of the $9M borrowing to be used to offset the excluded portion of this debt exclusion and benefit the Taxpayer. The amount amortized is $187,286. Current balance is $80,070.

 

ARTICLE 16.To see if the Town will vote to raise and appropriate the sum of $1,187,710 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 regional High School; or take any action relative thereto.

 

(Submitted by the Board of Selectmen) RECOMMENDED

 

ARTICLE 17.To see if the Town will vote to raise and appropriate the sum of $37,000 to carry out State mandated Re-certification/Interim Adjustments of all real and personal property valuations, and Maintenance Services for Fiscal Year 2022.  This will be year one of a three year contract.

 

(Submitted by the Board of Assessors)                                            RECOMMENDED

 

ARTICLE 18.To see if the Town will vote to establish a minimum value of personal property subject to taxation of Three Thousand dollars ($3,000.00) beginning Fiscal Year 2021 as described in M.G.L. Chapter 59, section 5, clause 54; or take any action in relation thereto.

 

(Submitted by the Board of Assessors)                                            RECOMMENDED

 

ARTICLE 19.To see if the Town will vote to authorize revolving fund spending limits for use by the following accounts of town departments, boards, committees, agencies or officers under Massachusetts General Laws Chapter 44, § 53E½, or take any other action relative thereto.

 

(Submitted by the Accounting Department)                                     RECOMMENDED

 

Fire Hazardous Material:

$100,000

Fire Alarm:

$60,000

Council on Aging Activities:

$20,000

 

 

Note: This Article is required to be voted on per M.G.L Ch. 44, § 53E½

 

ARTICLE 20.To see if the Town will vote to establish a fee of $45 levied on the licensed owner for any Dangerous Dog Hearing held by the Board of Selectmen, or authorized town entity, where the Police Department is directed to serve the order; or take any action relative thereto.

 

(Submitted by the Board of Selectmen)                                            RECOMMENDED

 

ARTICLE 21.To see if the Town will vote to establish a fee of $100 for the first offense and $250 for the second and subsequent offenses for any car dealer deemed by the Police Department to have violated the restriction of off-loading vehicles on a roadway as established with their annual licensing requirements. Failure to pay the fine may result in suspension or revocation of license; or take any action relative thereto.

 

(Submitted by the Board of Selectmen)                                            RECOMMENDED

 

ARTICLE 22.To see if the Town will vote to raise and appropriate the sum of $25,000.00 for the purpose of providing professional services, purchase of equipment, materials and construction contract obligations in order to make improvements to the South School located at 305 South Street East; or take any action relative thereto.

 

(Submitted by the Board of Selectmen)                                            RECOMMENDED

 

ARTICLE 23.To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of Massachusetts under the provisions of the “Home Rule” amendment to the Massachusetts Constitution for the adoption of a special act which would increase the number of Selectmen from 3 to 5; or take any action relative thereto.

 

(Submitted by the Board of Selectmen)                                            RECOMMENDED

 

ARTICLE 24.To see if the Town will vote to assume the operational responsibility of the Raynham Public Library (“Library”), at the direction of, and contingent upon the vote of the Raynham Public Library Board of Trustees to dissolve or amend the Library’s charitable (501(c)(3)) status, through a duly noticed meeting of the Library’s Board of Trustees, with proper notice provided to the Attorney General’s Non-Profit Organization/Public Charities Division of the proposed transfer and dissolution together with all required filings and forms; or take any action relative thereto. 

 

Note: The purpose of this article is to merge the Raynham Public Library as a department within the Town of Raynham, understanding that the Attorney General’s Non-Profit Organization/Public Charities Division, and ultimately the Massachusetts Supreme Judicial Court approves the dissolution of the Library’s charitable status.

 

(Submitted by the Board of Selectmen)                                            RECOMMENDED

 

 

ARTICLE 25.To see if the Town will reconsider and vote to amend the Town of Raynham Zoning By-Laws, as permitted by Section 3.2 of the Raynham Zoning By-Laws, by reclassifying two areas of the subject Property which are adjacent to New State Highway (Route 44) to the north, the Taunton River to the east, Church Street to the west, and an undeveloped parcel of property subject to a recorded Declaration of Development Restriction to the south, which the two subject areas border, identified on the attached Town of Raynham Assessor's Map 16, Lot 55 from Residential A to Business as to allow the Property to be singularly zoned as Business; or take any action relative thereto. 

Note: The legitimate zoning and planning purpose of this article is to unify the zoning of the subject Property so the same is zoned entirely as Business.

 

(Submitted by the Board of Selectmen)

 

ARTICLE 26.To see if the Town will vote to amend the Town of Raynham General By-Laws, or take any action relative thereto, by adding a new section: Section 2/46 SINGLE-USE STYROFOAM PACKAGING

2/46 – Subsection 1. Definitions.

 

1. “Packaging” shall mean all food and beverage related wrappings, bags, boxes and containers.

 

2.”Styrofoam” shall mean single-use expandable polystyrene foam products including but not limited to cups, bowls, plates, takeout containers and trays.

 

3. “Retail Food and /or Beverage Establishment” shall mean any restaurant, food operation public or private, or any other place, other than a private residence, where food and drink is prepared or served, with or without charge, for consumption on or off the premises, including any catering establishment or any eating place, whether fixed or mobile, restaurant, bar, cafe, cafeteria, public or private school, hospital, private club, coffee shop, sandwich stand, or any other type of food service operation.

 

4. “Prepared food” shall mean ready for immediate consumption

5. “Board of Health” shall mean any entity serving as such or their authorized agent

 

2/46 - Subsection 2. Prohibition.

 

No retail food and/or beverage establishment located and doing business within the Town of Raynham shall sell or convey prepared food or beverage directly to consumers within the Town of Raynham if such food and/or beverage is placed, packaged or wrapped in Styrofoam.

 

2/46 - Subsection 3. Temporary Waiver

 

The Board of Health may grant a one-time temporary waiver of 6 months if the applicant can show, in writing that compliance would create an undue financial hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown.

 

2/46 - Subsection 4. Enforcement

 

Enforcement of this by-law shall be the responsibility of the Board of Health.

 

2/46 - Subsection 5. Regulations

 

The Board of Health may issue and promulgate such rules and regulations as may be necessary to implement and carry out the provision of this law.

 2/46 - Subsection 6. Violation.

 

Violation of the SINGLE-USE STYROFOAM PACKAGING By-law shall result in the following penalties payable to the Town of Raynham:

 

1st offense -Written Warning;

2nd offense - $200 per day;

3rd offense and each subsequent offense - $400 per day.

 

2/46 - Subsection 7. Effective Date.

 This by-law shall take effect on January 1, 2021

 

(Submitted by Citizens Petition)

 

ARTICLE 27.To see if the Town of Raynham will vote to amend the General Bylaws by adopting a bylaw, or take any action relative thereto, entitled “Reduction of Single-Use Plastic Bags” as follows:

 

SECTION 1- FINDINGS AND INTENT

 

FINDINGS:

  1. Thin plastic bags are harmful to the environment and waterways and therefore contribute to the potential death of marine and other wildlife.
  2. Thin plastic bags clog storm drains and litter public places, beaches, and local waterways and contribute to the overall volume of solid waste.
  3. Thin plastic bags are made from fossil fuels, a non-renewable resource.
  4. Thin plastic bags are not biodegradable or compostable, are not acceptable in Raynham’s transfer station, and only a small percentage are returned to stores for recycling.
  5. Thin plastic bags break down into micro-plastics which enter our waters, soil and air and pollute our food chain and endanger our health.
  6. Currently 122 Cities and Towns in Massachusetts have passed plastic bag bans, and more have bylaws pending.

INTENT:

 

The Town of Raynham hereby enacts this bylaw to help reduce the deterioration of the environment and the ensuing potential health risks by eliminating bags at the point of sale and promoting the use of reusable bags.

 

SECTION 2- DEFINITIONS

 

PLASTIC CARRYOUT BAG: A plastic carryout bag is a thin film plastic bag with handles provided to a customer by an establishment and used to transport merchandise from the establishment.  Plastic carryout bags do not include those plastic bags typically without handles used to contain dry cleaning, newspapers, or small bags used to contain meat, produce, or other products provided to the consumer, free of charge, to deliver items to the point of sale.

 

REUSABLE CARRYOUT BAG: A bag with stitched on handles that is made solely of or in a combination of natural cloths, synthetic fibers, or other washable material and is specifically designed for multiple reuse.  These bags are generally sold to the customer for a reasonable cost.

 

RECYCLABLE PAPER BAG: A paper bag that is 100% recyclable and contains at least 40% post-consumer recycled paper content and is provided free of charge to the customer.

ESTABLISHMENT: An establishment means any business selling food, good, articles, or personal services to the public.

SECTION 3- PLASTIC CARRYOUT BAG PROHIBITION

 

No establishment in the town of Raynham, as defined in Section 2, shall provide thin plastic carryout bags, as defined in Section 2.  Establishments in the town of Raynham, as defined in Section 2, shall only provide reusable carryout bags that comply with the definition in Section 2, or recyclable paper bags, as defined in Section 2, at the point of sale.

 

SECTION 4- ENFORCEMENT

 

All of the requirement set forth in this bylaw shall take effect within 30 days of the approval of the bylaw by the Office of the Massachusetts State’s Attorney General and satisfaction of the posting/publication requirements of G.L.c.40, 32.  However, if a retain establishment cannot comply with the effective date of this bylaw due to economic hardship, the establishment may petition the Board of Health for an extension of six months.

 

This bylaw may be enforced by any agent of the Board of Health by:

  1. Inspection and investigation
  2. The issuance of violation notices and administrative orders
  3.  Civil court actions

Whoever, himself or by his servant of agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations may be penalized by a non-criminal disposition process as provided in M.G.L.c.4,21D.  Each day of violation after written notice is a separate violation.

 

The following penalties shall apply:

First offense- written warning

Second offense- $50 fine

Third offense - $100 fine

Subsequent offenses- $200 fine

 

SECTION 5- SEVERABILITY

 

If any provision of this bylaw shall be held to be invalid by a court of jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this bylaw, which shall remain in full force and effect.

 

(Submitted by Citizens Petition)

 

ARTICLE 28.To see if the Town will vote to create a town by-law which requires all elected town officials to attend the Annual Town Meeting, the Fall Town Meeting and any Special Town Meetings as required by the Town of Raynham, or take any action relative thereto?

 

(Submitted by Citizens Petition)

 

ARTICLE 29.To see if the Town will vote to create a town by-law to establish Term Limits for all elected town offices. The limits should be established as follows:

 

  1. Offices with a three (3) year term shall be limited to a total of four (4) terms.
  2. Offices with a five (5) year term shall be limited to a total of three (3) terms.

Officers currently in office who have all ready achieved the term limit of there office will not be ineligible for reelection when their current term expires, or take any action relative thereto?

 

(Submitted by Citizens Petition)

 

 

And you are directed to serve this Warrant by posting up attested copies thereof at the six (6) 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 19th day of May in the year of our Lord Two Thousand and Twenty.

 

 

______________________________

JOSEPH R. PACHECO, Chairman

 

 

_________________________________

MARIE A. SMITH, Vice Chairman

 

 

_________________________________

PATRICIA A. RILEY, Clerk

 

 

 

SELECTMEN OF RAYNHAM

 

A true copy.  Attest:

 

 

____________________________________

CONSTABLE

 

 

May 20, 2020

 

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 six (6) places directed by vote of the Town, fourteen (14) days before the date of the meeting, as within directed.

 

 

                                                              _________________________________

                                                              Constable