Fall 2011 warrant-book_final

TOWN OF CHELMSFORD

FINANCE COMMITTEE

Report, Recommendations and Copy of the

Warrant for the Fall Session of

Annual Town Meeting

Monday, October 17, 2011

At 7:30 PM

Chelmsford Senior Center

75 Groton Road, North Chelmsford

Table of Contents

Finance Committee Report ………..………………………………........…....................................1

Article 1 Hear Reports.....................................................................................................................3

Article 2 Stabilization Fund…………………………………………………………………..…...3

Article 3 Sewer Construction Stabilization Fund............................................................................4

Article 4 Other Post Employment Benefits Liability Trust .......................................................….4

Article 5 E-Rate Reimbursement……….....................................................……………………....5

Article 6 FY2012 Budget Amendments..........................................................................................5

Article 7 Employee Contract Agreements…...................................................................................5

Article 8 Chelmsford Country Club Enterprise Fund……………………..………………..……..6

Article 9 CPC – FY2012 Debt Service …………...........................................................................6

Article 10 Land Transfer – Conservation Commission – 30 Parcels...............................................7

Article 11 Stop & Shop Easement…………………….................................................................11

Article 12 Land Lease – Swain Road Landfill...............................................................................11

Article 13 Land Lease – DPW Roof………………………………..............................................12

Article 14 Land Lease – Robin Hill Road/Acton Road.................................................................14

Article 15 Land Lease – Wotton Street……………......................................................................15

Article 16 Rezoning – Alpha Road/Tracy Road………................................................................16

Article 17 Amend Zoning Bylaw – Public Works ……................................................................19

Article 18 Amend Zoning Bylaw – Chelmsford Street Parcels……….........................................19

Article 19 Amend Zoning Bylaw – Groton Road Parcels………….............................................22

Article 20 Amend Zoning Bylaw – Dimensional Regulations......................................................25

Article 21 Amend Zoning Bylaw – Site Plan Review……….......................................................27

Article 22 Planning Study – Oak Hill Road………………...........................................................28

Article 23 Land Transfer – Conservation Commission - Oak Hill Road……..............................29

Town Meeting Procedures……………………….........................................................................30

Representative Town Meeting Procedures……………………………........................................32

Moderator’s Rules of Debate and Decorum……………………………………………………..34

Electronic Voting Guidelines…………………………...……………………………………….35

Order of Precedence of Motions…………………………………………………………………36

1

September 30, 2011 To the Citizens of Chelmsford: The Finance Committee has reviewed the warrant in preparation for Fall Town Meeting that begins on October 17, 2011. We have met with the Town Manager and other town officials and reviewed town financial data in considering the articles. The warrant articles this year are almost evenly divided between financial and non-financial business. Many of the non-financial articles propose zoning or by-law changes that were recommended in the new Master Plan. Since the Finance Committee is not required to speak on non-financial matters, we have decided to make no recommendation on six articles. When we did not have sufficient information prior to the publishing of this warrant book, we voted to make a recommendation at Town Meeting (Articles 7 and 22). We recommend all other articles for your approval Article 2 would allocate Free Cash to the Stabilization Fund. This proposed transfer of almost $4M will bring the Stabilization Fund balance to approximately 7.4% of the town’s operating budget, well within the town’s goal of 5 -10%. This helps the town maintain a high bond rating and it provides a buffer for any adverse economic events. Article 3 proposes the establishment of a Sewer Construction Stabilization Fund. This account would be used for interest earned by sewer betterment and sewer capital construction funds to insure that these funds are available for the repayment of sewer construction bonds. Article 4 proposes the establishment of a Liability Trust Fund for Other Post Employment Benefits. Article 5 is a standard article to transfer E-rate reimbursements to the School Department; Article 6 makes adjustments to the FY2012 operating budget; and Article 7 funds collective bargaining agreements. Article 8 would establish an enterprise fund for the operation of the Chelmsford Country Club and Article 9 requests funds to pay Community Preservation Fund FY2012 debt service. Articles 12 -15 would authorize the town to lease town-owned land for solar energy farms or agricultural use for periods of 10-20 years. The remaining warrant articles encompass zoning articles, changes to the town code, and land transactions. You will hear detailed presentations at Town Meeting.

2

Going forward, following Fall Town Meeting we will continue to monitor the financial affairs of the town. Recently we have focused on reviewing accounts that finance sewer construction and debt service. Finance Committee FY2013 budget hearings will begin in January. Meeting dates are posted at Town Hall and listed on the meeting calendar on the town’s website; we invite the public to attend and meetings are now televised by Chelmsford Telemedia. As always we are grateful to our clerk, Pam Morrison, for her hard work that supports our efforts. We thank Dave Turocy, Vincent Villano and Donald Van Dyne for their years of service on the Finance Committee and welcome new members Sasha Bonakdar and Stratos Dukakis. With a current vacancy we encourage anyone interested in serving on the Finance Committee to contact Town Moderator, Richard DeFreitas who appoints members. Mary Frantz, Chairman Roy Treible, Vice-Chairman Sasha Bonakdar Stratos Dukakis Dwight Hayward Timothy McIlvenna

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TOWN OF CHELMSFORD

WARRANT FOR THE

FALL 2011

ANNUAL TOWN MEETING

OCTOBER 17, 2011

MIDDLESEX, SS. To the Constable, or any other suitable person of the Town of Chelmsford: Greeting: In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the Town Meeting Representatives of said Chelmsford to meet at the Senior Center, 75 Groton Road, North Chelmsford on Monday, the seventeenth of October in the year two-thousand and eleven at 7:30 p.m. in the evening and there to act upon the following articles, VIZ: ARTICLE 1. To hear reports of the Town Officers and Committees; or act in relation thereto. SUBMITTED BY: Board of Selectmen

ARTICLE 2. To see if the Town will vote to transfer from Free Cash a certain sum of money to the General Stabilization Fund; or act in relation thereto.

The Stabilization Fund is used as the Town’s savings account and can be accessed only by a 2/3 vote of town meeting. A healthy Stabilization Fund results in more favorable interest rates when bonding for capital projects. This Article would transfer $3,957,862 from Free Cash to the Stabilization Fund.

SUBMITTED BY: Town Manager

Two-Thirds Vote

4

FINANCE COMMITTEE: RECOMMENDS APPROVAL

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 3. To see if the Town will vote to establish a Sewer Construction Stabilization Fund to assist the Town in funding debt service obligations for the Town’s sewer system and to transfer from Free Cash a certain sum of money to said Sewer Construction Stabilization Fund; or act in relation thereto.

This Article would establish a Sewer Construction Stabilization Fund to be used towards funding the sewer debt obligations and would transfer $359,723 from Free Cash to said Stabilization Fund.


Two-Thirds Vote


___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 4. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 32B, Section 20, as amended, to establish an Other Post Employment Benefits Liability Trust Fund and to transfer from available funds a certain sum of money to said trust fund; or act in relation thereto.

This Article would establish an Other Post Employment Benefits Liability Trust Fund as a step towards meeting the unfunded pension liability and would transfer $280,890 to the Trust Fund.



___ Yes

TOWN MEETING ACTION

___ No

5

ARTICLE 5. To see if the Town will vote to transfer a certain sum of money from Special Revenue to the School Department, said funding coming from E-Rate reimbursements; or act in relation thereto.

This Article allows for the transfer $29,900 in E-Rate grant funds to the School Department.



___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 6. To see if the Town will vote to amend the Fiscal Year 2012 operating budget voted under Article 3 of the Annual Town Meeting held on April 25, 2011 and to see if the Town will raise and appropriate or transfer from available funds a sum of money to defray Town charges for the fiscal year period July 1, 2011 to June 30, 2012; or act in relation thereto.

This Article seeks to revise the FY2012 operating budget.



___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 7. To see if the Town will vote to raise and appropriate, or transfer from available funds a certain sum of money to be used to fund employee contract agreements between the Town and its collective bargaining units; or act in relation thereto.

This Article would appropriate funds for collective bargaining agreements.


6

FINANCE COMMITTEE: RECOMMENDATION AT TOWN MEETING

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 8. To see if the Town will accept the provisions of Chapter 44, Section 53F½ of the Massachusetts General Laws to establish a separate account classified as an “Enterprise Fund” for the Chelmsford Country Club golf course and its operation effective at the beginning of Fiscal Year 2013, or act in relation thereto.

This Article would establish an Enterprise Fund to provide a funding source for future capital reinvestment in the golf course.



___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 9. To see if the Town will vote to appropriate a certain sum of money from the Community Preservation Fund Annual Revenues or Available Funds for the payment of Fiscal Year 2012 debt service; or act in relation thereto.

This Article would appropriate money from the Community Preservation Fund to pay FY2012 debt service.

SUBMITTED BY: Community Preservation Committee


___ Yes

TOWN MEETING ACTION

___ No

7

ARTICLE 10. To see if the Town will vote to transfer the care, custody, management and control of the Town-owned parcels of land described below from the Board of Selectmen and/or any other board or officer for the purposes for which they are presently held to the Conservation Commission for conservation and open space purposes under G.L. c. 40, § 8C:

Address Map-Block-Lot Deed

Reference

Approx.

Acreage

Meadowbrook Road 24-98-10 6523/150 5.85



Orleans Street 64-275-2 24525/64 0.60

Riverneck Road 64-275-1 17552/133 6.00

Orleans Street 64-275-3 24525/64 2.04

Riverneck Road 63-275-3 24525/64 3.25

Golden Cove Road 63-275-13 24525/64 5.51

Orleans Street 63-275-14 1448/40 0.16

Orleans Street 63-275-15 1620/95 0.38

Riverneck Road 63-275-16 24525/64 16.00

Orleans Street 63-275-17 2224/376 0.09

Orleans Street 63-275-18 2153/302 0.11

Orleans Street 63-275-20 6523/151 0.15

Orleans Street 63-275-21 2153/302 0.41

Orleans Street 63-275-22 2153/303 0.15

Orleans Street 63-275-23 1620/94 0.30

Orleans Street 64-275-10 1620/89 0.10

Orleans Street 64-275-12 1620/96 0.10

Orleans Street 64-275-13 1620/111 0.12

Orleans Street 64-275-14 2457/347,348 0.15

Orleans Street 64-275-15 1448/46 0.17

Kevin Road 103-386-4 4046/334 0.64

Kevin Road 103-386-6 4046/333 0.64

Kevin Road 103-386-7 4046/332 0.70

Kevin Road 103-386-9 4046/331 0.84

Kevin Road 103-386-13 2959/158 0.70

Brian Road 103-399-2 4046/335 0.37

Brian Road 103-399-3 4590/356 0.35

Brian Road 103-399-5 18114/81 0.38

; or act in relation thereto.

11

This Article would transfer 30 parcels of Town-owned Land to the Conservation Commission.


Conservation Commission

Two-Thirds Vote


___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 11. To see if the Town will vote to accept the layout as a public footway the parcel of land shown as “Proposed Easement Area = 2,766 S.F. = 0.0635 Ac.” on a plan of land entitled “Plan of Land in Chelmsford, Massachusetts Showing Proposed Easement to be Conveyed to the Town of Chelmsford Prepared for Pinnacle Partners,” dated April 30, 2010, prepared by Merrimack Engineering Services, on file with the Town Clerk, and further to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain a sidewalk easement on said parcel and any related easements; or act in relation thereto.

This Article would accept sidewalk and bike path parking layout at the Stop & Shop location on Chelmsford Street and would convey ownership of the sidewalk easement to the Town.


Two-Thirds Vote FINANCE COMMITTEE: RECOMMENDS APPROVAL

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 12. To see if the Town will vote to authorize the Town Manager, with the approval of the Board of Selectmen, to lease all or a portion of the Town-owned land containing 16.76 acres, more or less, located off of Swain Road, commonly referred to as the Swain Road landfill, identified by the Board of Assessors as Map 11, Block 4, Lot 5, for use as a solar energy farm for a period not to exceed 20 years; or act in relation thereto.

12

This Article would authorize the Town Manager, with Board of Selectmen approval, to lease the Swain Road Landfill for use as a solar energy farm for a period of up to 20 years.



___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 13. To see if the Town will vote to authorize the Town Manager, with the approval of the Board of Selectmen, to lease all or a portion of the 93,081 square-foot, more or less, roof area, of the Town-owned Department of Public Works building located at 9 Alpha Road, identified by the Board of Assessors as Map 86, Block 328, Lot 16, for use as a solar energy farm for a period not to exceed 20 years; and to raise and appropriate, transfer from available funds, and/or borrow pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, a

13

certain sum of money to fund the reconstruction of the Department of Public Works building located at 9 Alpha Road; or act in relation thereto.

14

This Article would authorize the Town Manager, with Board of Selectmen approval, to lease all or a portion of the DPW building roof on Alpha Road for use as a solar energy farm for a period of up to 20 years.


Two-Thirds Vote

FINANCE COMMITTEE: NO ACTION

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 14. To see if the Town will vote to authorize the Town Manager, with the approval of the Board of Selectmen, to lease all or a portion of the following parcels of Town-owned land, identified by the Board of Assessors as Map 109, Block 421, Lots 32 and 36, containing a total of 22.5 acres, more or less, commonly referred to as Sunny Meadow Farm or the Lewis property:

(a) The parcel of land located on Robin Hill Road, Chelmsford, Middlesex County, MA, and shown as “Lot 4” on a plan of land entitled “Compiled Plan of Land in Chelmsford, Mass.”, scale 1” = 100’, dated March 7, 1997, surveyed by Ludwig Surveying Assoc., Inc., 378 Littleton Road, Westford, Mass., which plan is recorded with Middlesex North District Registry of Deeds at Plan Book 197, Plan 104, and described in a deed to Grantor recorded with said Deeds in Book 22255, Page 37; and

(b) The parcel of land located on the northerly side of Acton Road, Chelmsford, Middlesex County, MA, and

shown as Lot 5A (which is a combination of Lot A and Lot 5) on a Plan of Land entitled, “Compiled Plan of Land in Chelmsford, Massachusetts,” scale 1” = 50’, dated October 4, 2000, surveyed by Ludwig Surveying Assoc., Inc., 378 Littleton Road, Westford, Mass., which plan is recorded with said Deeds at Plan Book 204, Plan 51, and described in a deed to Grantor recorded with said Deeds in Book 22255, Page 45.;

Said parcels shall be leased for agricultural purposes for a period not to exceed 10 years; or act in relation thereto.

15

This Article would authorize the Town Manager, with Board of Selectmen approval, to lease all or a portion of the Town-owned property known as Sunny Meadow Farm for agricultural use for a period of up to 10 years.



___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 15. To see if the Town will vote to authorize the Town Manager, with the approval of the Board of Selectmen, to lease all or a portion of the Town-owned land containing a total of 10.80 acres, more or less, located off of Wotton Street, identified by the Board of Assessors as Map 9, Block 12, Lot 4, for agricultural purposes for a period not to exceed 10 years; or act in relation thereto.

16

This Article would authorize the Town Manager, with Board of Selectmen approval, to lease all or a portion of Town-owned property off Wotton Street for agricultural use for a period of up to 10 years.



___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 16. To see if the Town will vote to amend Section 195-3 of the Chelmsford Zoning Bylaw by rezoning from a “IA” Limited to “P” Public, five parcels of land, containing a total of 17.15 acres, more or less, located off of Alpha Road and Tracy Road in Chelmsford, which parcels are shown as Lots 7, 12, 16, 17, and 18 on Assessors’ Map 86, Block 328 and constitute the entire premises described in deeds recorded in the Middlesex North Registry of Deeds in

17

Book 24205, Page 165; Book 24525, Page 42; and Book 24525, Page 49; or act in relation thereto.

18

This Article would rezone 5 parcels of land at the new DPW location at Alpha Road and Tracy Road from “IA” Limited to “P” Public.

19


Two-Thirds Vote FINANCE COMMITTEE: NO RECOMMENDATION

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 17. To see if the Town will vote to amend Section 195-73of the Chelmsford Zoning Bylaw by amending the Table of Use Regulations Within the Aquifer Protection District Principal or Accessory Use 2 by inserting the words “public works” after the words “provision of public water,” so that the paragraph reads as follows: 2. Generation, treatment, disposal or storage of toxic or hazardous materials or waste, except for the following: municipal uses associated with the provision of public water, public works, and sanitary sewer services; very small quantity generators, as defined by 310 CMR 30.00; waste oil retention facilities required by MGL c. 21, § 52A; treatment works approved by the Department of Environmental Protection designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface water; and household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390

This Article would insert the words “public works” into the Table of Use Regulations within the Chelmsford Zoning Bylaw to allow for DPW operations.


Two-Thirds Vote

FINANCE COMMITTEE: NO RECOMMENDATION

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 18. To see if the Town will vote to amend The Town Code, Chapter 195, “Zoning Bylaw”, Article II “Districts”, sub-section, § 195-3, “Official Zoning Map” to change from CA Neighborhood Commercial to RC General Residence the following parcels: 52-203-11; 52-203-14; 52-203-16; 52-203-17; 52-203-18; 52-243-4; 52-243-5; 52-243-7; 52-243-9; 52-243-10; 52-243-11; 52-243-12; 52-243-13; 52-243-14; 52-243-15; 52-243-16; 52-243-17; 52-243-18; 52-243-19; 52-243-20; 52-243-21; 52-243-22 52-256-2; 52-256-4; 52-256-6; 52-256-7

20

63-243-1; 63-243-2; 63-256-2; 63-256-3, as shown on the following Map:

21

Explanation This article is in accordance with recommendation # 15 of the 2010 Master Plan. This article seeks to address the existing zoning conflicts that exist in this neighborhood. Specifically, this neighborhood is currently zoned Neighborhood Commercial, however, most of the parcels are occupied by either single or two family residential

22

dwellings. This article proposes to re-zone the existing residential properties from Neighborhood Commercial to General Residence for purposes of preservation and protection. The existing commercial properties located along Chelmsford Street would remain commercially zoned.

or act in relation thereto.

This Article would rezone parcels of land on Chelmsford Street from CA Neighborhood Commercial to RC General Residence.

SUBMITTED BY: Planning Board

Two-Thirds vote FINANCE COMMITTEE: RECOMMENDS APPROVAL

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 19. To see if the Town will vote to amend The Town Code, Chapter 195, “Zoning Bylaw”, Article II “Districts”, sub-section, § 195-3, “Official Zoning Map” to change from RB Single Residence to RC General Residence, the following parcels: 16-22-1; 16-22-2; 17-22-3; 17-22-4; 17-22-5; 17-22-6; 17-84-1; 17-84-2; 17-84-3; 17-84-4; 17-84-5; 17-84-6; 22-92-1; 22-92-2; 23-92-1; 23-92-2; 23-92-3; 23-92-4; 23-92-5; 23-92-6; 23-92-7; 23-92-8; 23-92-9; 23-92-51; as shown on the following Map:

24

Explanation This article is in accordance with recommendation # 16 of the 2010 Master Plan. This article seeks to address the existing land use conflicts that exist in this neighborhood. Specifically, this segment of Groton Road is occupied primarily by single family dwellings to the south and a mix of single family dwellings and industrial uses to the north. The adjacent and surrounding industrial uses and the proximity to Rt. 3, result in this roadway

25

segment experiencing a significant amount of truck and vehicular traffic. Based upon the above factors, this neighborhood has been identified as a good candidate for “transitional zoning”. This article proposes to re-zone the existing residential frontage lots from single family (RB) to two family (RC) zoning thereby resulting in an improved transition between adjacent industrial uses and busy roadway.


This Article would rezone parcels of land on Groton Road from RB Single Residence to RC General Residence.


Two-Thirds vote FINANCE COMMITTEE: NO RECOMMENDATION

___ Yes

TOWN MEETING ACTION

___ No

ARTICLE 20. To see if the Town will vote to amend The Town Code, Chapter 195, “Zoning Bylaw”, Article IV, “Dimensional Regulations”, sub-section § 195-9, “Conformity Required” to revise the Table of Dimensional Requirements by reducing the number of “stories” and the “height” in the RC district from 4 stories and 45 ft in height to 3 stories and 35 ft in height. Explanation This article is in accordance with recommendation # 30 of the 2010 Master Plan. This article seeks to address the zoning conflicts that exist in the General Residence (RC) zoning district. Specifically, this zoning district permits structures up to 4 stories with a maximum height of 45 ft. However, most, if not all, of the existing structures in this zoning district are no more than 3 stories with a maximum height of 35 ft.


RC Zoning North

26

RC Zoning Center

This Article would amend the dimensional regulations of stories and height from 4 stories and 45 feet to 3 stories and 35 feet.



___ Yes

TOWN MEETING ACTION

___ No

27

ARTICLE 21. To see if the Town will vote to amend The Town Code, Chapter 195, “Zoning Bylaw”, Article XIX, “Administration and Enforcement”, section § 195-104, “Site Plan Review”, sub-section A. “Applicability”, by adding a new paragraph, paragraph (5) as follows {shown as underlined text}: (1) Construction, exterior alteration or exterior expansion of, ….(remainder not included for brevity) (2) Construction or expansion of a parking lot/area …..(remainder not included for brevity) (3) Grading or clearing more than 10% of a lot, ….(remainder not included for brevity) (4) Construction or exterior expansion of a single- or two-family…remainder not included for brevity) (5) Establishment of any commercial or industrial use that that is not located principally within a permanent structure, regardless of size, and which is operated for a duration greater than eight (8) Consecutive weeks. This provision shall not be applicable to temporary on-site structures, such as a trailer, that are incidental to the construction of an approved development and /or public works project. Explanation This article serves to strengthen the zoning bylaw by expanding the jurisdiction of Site Plan Review for certain types of commercial or industrial uses that currently do not trigger any regulatory review and public hearings. Specifically, currently it is possible for a commercial or industrial use to be established without being located in a permanent structure and without any of the other common site improvements such as properly paved parking lots, landscaping, drainage, lighting, etc. Essentially, these businesses are operating from a temporary structure, such as a trailer, and are located on land that has been previously cleared of vegetation and graded. Common examples of these types of businesses include contractor yards, landscape material supply yards and used vehicle sales lots. This article proposes to close this existing regulatory loophole by requiring these types of uses to apply to the Planning Board for Site Plan Review which will provide for abutter notification of a public hearing and an opportunity to verify compliance with all applicable zoning provisions to ensure proper protection of the abutting neighborhood.

This Article would amend Zoning Bylaw by expanding the jurisdiction of the Site Plan Review.



___ Yes

TOWN MEETING ACTION

___ No

28

ARTICLE 22. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to undertake a planning study on the potential future municipal uses for the Town-owned parcel of land, commonly referred to as “Oak Hill”, containing 66.37 acres, more or less, located off of Swain Road, identified by the Board of Assessors as Map 11, Block 4, Lot 1 and recorded at the Middlesex Registry of Deeds in Book 9111, Page 130, or act in relation thereto.

This Article would appropriate funds to undertake a planning study on potential future municipal use of the Town-owned land known as “Oak Hill”.

SUBMITTED BY: Board of Selectmen

FINANCE COMMITTEE: RECOMMENDATION AT TOWN MEETING

___ Yes

TOWN MEETING ACTION

___ No

29

ARTICLE 23. To see if the Town will vote to transfer the care, custody, management and control of The Town-owned parcel of land, containing 66.37 acres, more or less, located off of Swain Road, identified by the Board of Assessors as Map 11, Block 4, Lot 1 and recorded at the Middlesex Registry of Deeds in Book 9111, Page 130 from the Board of Selectmen and/or any other board or officer for the purposes for which they Are presently held to the Conservation Commission; or act in relation thereto.

This Article would transfer the Town-owned land known as “Oak Hill” to the Conservation Commission.

SUBMITTED BY: Citizen Petition

Conservation Commission Two-Thirds Vote FINANCE COMMITTEE: NO RECOMMENDATION

___ Yes

TOWN MEETING ACTION

___ No

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TOWN MEETING PROCEDURES

To comply with the Town’s General By-Laws where they specifically pertain to Town

Meeting actions, excerpts from Section II are preprinted for informational purposes.

ARTICLE II, SECTION 4, PROCEDURES, TOWN MEETING

4.2 - RECONSIDERATION – A motion at any adjourned Town Meeting for reconsideration or rescinding of any action taken at a previous session of the adjourned Town Meeting shall not be entertained or allowed by the Town Moderator.

4.3 - AMENDMENTS – Any article appearing in the warrant and considered at any Town Meeting may be amended and any portion thereof may be deleted or added to by a vote of the Town Meeting Members provided, however, that in said notice the words “or act in relation thereto” or “do anything pertaining thereto” or words of similar import appear at the end of said article. An amended amendment cannot be amended and no motion or proposition of a subject different from that under consideration shall be entertained under color of an amendment.

4.4 - AMENDMENT OF BY-LAWS – Town By-Laws may be amended or rescinded by a majority vote of those present and voting at any Town Meeting provided that the proposed action was published in the warrant of that Town Meeting and further, provided that any such amendment is in compliance with the Charter.

4.5 - REPORTS – When the report of a committee is placed in the hands of the Town Moderator, it shall be deemed to be received and a vote to accept the report shall discharge committee unless the report is one of progress and not final; in which case the committee continues to serve unless the Town Meeting Members vote to discharge same.

All reports, resolutions, motions or amendments submitted to the Town Meeting for consideration involving the expenditure of money shall be presented in writing to the Town Moderator.

4.6 - APPROPRIATIONS – No money shall be transferred at a Special Town Meeting except by a majority vote of those present and voting.

All motions on articles involving bond or note issues shall require a two-thirds (2/3) vote of those present and voting.

4.7 - APPROPIATIONS AT SPECIAL TOWN MEETING – No money shall be appropriated at a Special Town Meeting except by a two-thirds (2/3) vote of those present and voting.

4.8 - ATTORNEYS SPEAKING – Any person who is employed as an attorney by another interest in any matter under discussion at a Town Meeting shall disclose the fact of his employment before speaking thereof.

4.9 - TOWN COUNSEL – The Board of Selectmen shall assure that the guidance of the Town Counsel be available both to the Town Moderator and to the body at all Town Meetings whenever practical.

4.10 - NOTICE – Dates and times proposed for continuance of the town meeting shall be announced when the warrant is posted.

31

4.11 - END OF SESSION – No warrant article may be introduced for consideration after 11:00 p.m. without a majority vote of town meeting representatives present and voting to allow such consideration.

4.12 - LOBBYING – Distribution of material and lobbying on warrant articles or issues not related to warrant articles being considered at that town meeting will be prohibited within an area of 100 feet outside the entrance to the building housing the meeting. An area will be established inside the building but outside the meeting place where one individual from each group supporting or opposing an issue may distribute material or discuss the issue. Hand out material should be dated and signed by the organization or individuals preparing the material.

4.13 - VOTING – Voice votes will not be used. Votes will taken by either Electronic Roll Call or Electronic Tally. If seven or more members of town meeting question the vote, the moderator shall count the vote. The physical count will prevail; however, the electronic vote will be recorded and noted as overturned by the hand count. The same applies to matters requiring a two-thirds (2/3) vote.

4.14 - PRESENTATION

a) When town property or assets are to be purchased or sold, the name of the purchase or seller, if known, must be disclosed by the sponsor.

b) The sponsor of any warrant article shall speak initially to explain the article.

c) Zoning By-Law presentations by the sponsor must show a map denoting the existing zoning and the proposed changed zoning, including definitions of zones and explanations of changes.

d) All sponsors of By-Law changes must show the language of the existing By-Law and the language of the change and an explanation of the change in the presentation.

e) All recurring operating budget articles regularly presented at the Spring Annual Town Meeting to defray town expenses for the upcoming fiscal year must be presented showing the following: dollars budgeted and expended for the last two years and for the current year; proposed budget dollars; and the revenue generated by the department requesting the budget.

f) Visual aids used in any presentation must be large enough to be viewed from the back of the hall or handouts shall be distributed.

g) The Moderator shall allow a question-and-answer period of the sponsor of an article to gather factual information or understanding of the article. Debate of the article is not allowed during this time. The Moderator may place limits on this period.

4.15 - RECOMMENDATIONS – The Board of Selectman and/or the Finance Committee shall have an opportunity to state their position on each article and are encouraged to state their reasons for their position. The Finance Committee is not required to speak on a non-financial article.

4.16 - RULES OF DECORUM – The Moderator may distribute additional rules of debate or decorum not controverting any By-Law or statute to help guide debate of issues before the Town Meeting.

4.17 - ROLL CALL BALLOT – A main motion on any article shall be voted upon by roll call ballot if forty (40) town meeting representatives so vote at the end of debate of the main motion and before a motion under the next article.

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REPRESENTATIVE TOWN MEETING PROCEDURES

The Representative Town Meeting is the legislative branch for our town government. The Representatives perform the same function on the town level that the State Legislature or the Congress performs on the state or federal level.

Issues are framed or presented for the Representatives in the form of warrant articles published in the Warrant for that meeting. The warrant articles provide the outline the Representatives must follow to transact the year's business or that meeting's business. The Warrant also limits the discussion to be permitted by the meeting. Each article must be activated by a motion to act on the business proposed by the warrant article.

The primary motion is called a "main motion" and may be positive or negative; that is, one might move to approve or dismiss the article. Only Town Meeting Representatives and Department Heads, including the Town Manager, may make motions, amendments and vote, although any resident of town may attend the sessions and speak at the meeting.

The Warrant is assembled by the Selectmen. The Articles on the Warrant have been selected from proposals from the Selectmen, the Town Manager, the various town boards, department heads or citizens signing a petition. The Selectmen place it before the Town Meeting Representatives for a hearing and a vote. Citizens can place an article on the Warrant by obtaining ten signatures required by our bylaws in favor of adding the article to the warrant.

The proponent of each article has the opportunity to explain the article before discussion by the Town Meeting Representatives. After the proponent of the article explains the article, a question and answer period follows to help the Representatives understand the article. No procedural motions are allowed during this time except those

which may interrupt the speaker.

The Finance Committee usually makes a recommendation to the Representatives, having reviewed the issues and the budget. The Selectmen may make a recommendation, as well. The School Committee may also make a recommendation on school budget related issues during consideration of the annual budget.

Discussion, or 'debate', will follow in an orderly manner. Each speaker is required to give his or her name and precinct (if a representative) or name and address (if a resident) before speaking. Board or Committee members should state their board or committee designation prior to speaking, as well. (There may be one or two microphones

for speakers waiting to speak. If there are two microphones being used, the Moderator will try to be fair to those who are first in line but may alternate between microphones to provide a fair sequence for the speakers).

All questions and answers should be addressed through the Moderator.

All people present should be silent at the request of the Moderator.

Discussion should be brief and to the point. Representatives and/or residents should listen carefully to previous speakers to avoid repetitive questions and debate.

The Moderator has the authority to curtail discussions.

The main motion may be amended. Any motions shall be made in writing and presented to the Moderator. Town Counsel is available to assist Representatives in this drafting of motions or amendments. Even if a 'motion to amend' is on the floor, a second 'motion to amend' the first motion to amend may be entertained by the Moderator and voted to change the first motion to amend on the floor. A separate motion to amend the main motion would not be entertained until both motions to amend have been voted. Votes on the amendments are taken in reverse order. First the second motion to amend is decided, then the first motion to amend is decided, and then the main motion is voted, unless a separate motion to amend is made.

Between introduction of a main motion and final vote on the main motion, the main motion and/or the meeting can be further affected by several subsidiary motions. These motions affect the manner in which the issues are debated and the meeting is conducted. These motions are displayed in the warrant book for your information.

The most privileged motion is the motion to adjourn; the least privileged motion is the main motion itself.

A speaker may be interrupted for a point of order, information or privilege which insures that the person speaking is authorized to do so, or that the matter being considered is proper, or that the voter understands the motion. That motion is called by "rising to a point of order" (or "of information" or "of privilege"). Other motions may or may not

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be debatable, may or may not be amended and may or may not be reconsidered. All procedural characteristics of the motions are in the warrant book. The required quantum of vote for each motion is also set forth in the warrant book, as well.

Briefly, the Motion to Commit or Refer to a Committee permits the Representative Town Meeting to obtain further information through a committee for investigation or extra control by referral to the committee to monitor or carry out action already voted.

The Motion to Postpone enables the meeting to delay action on an article to a later time. It would be better phrased if it postponed action until after a specific article number. It may be postponed to a specific time; however, there is a danger that the Town Meeting may have dissolved or finished its business by that time.

The Motion to Limit or Extend Debate permits the Representatives to limit the time that each member or resident may talk on a particular motion to a certain number of minutes or to limit the time to be spent on each article. These limits may be extended by a motion to extend debate. (requires a two-thirds majority vote)

Motion to Move the Previous Question permits the Representatives to end the debate on the motion being discussed and move to a vote. This motion is not debatable and the Moderator must take the vote on the motion to move the question without further debate. This motion will not be accepted from a speaker who has just debated the motion under consideration. (requires a two-thirds majority vote)

The Motion to Lay on the Table permits the Representatives to delay consideration on a particular warrant article while continuing with the other articles. A tabled article must be brought back from the table by a separate motion in order to be voted. If not taken from the table before the Town Meeting ends, the article will die on the table.

The Motion to Reconsider is a means to re-examine votes made that night. The Representative Town Meeting may have had time to reflect on the votes made or there may have been additional evidence presented by other action taken by the Town Meeting. This motion should not be used repetitively without reason and may be regarded as manipulative. Any vote may be reconsidered during the pendency of that night's session. Once that session has been adjourned, the votes taken in that session are final. A Motion to Reconsider a vote of an earlier session is not permitted. The Charter permits referendum review of the Town Meeting votes after the adjournment of the meeting.

The Motion to Take Out of Order permits the Representatives to consider an article in a different order than proposed by the warrant. There may be a reason to consider two articles in sequence or to delay one until a later article is decided.

We have adopted a by-law which permits a roll call ballot. This motion must be made after debate on an article but before a main motion is brought under the next article. Forty Representatives must vote in favor of a roll call ballot. The Town Clerk calls every name in each precinct and the Representative would register a yea or a nay.

We have also adopted Moderator's Rules of Decorum to help manage debate and we have also adopted Electronic

Voting Guidelines to facilitate the use of electronic voting.

Finally, a Motion to Recess provides the meeting with a means to rest or stop the meeting temporarily for various purposes and may be called by the Moderator without motion.

The Motion to Adjourn to a Time Certain is a means of postponing the meeting to another date in time should the business not be concluded at the first or subsequent meetings.

The Motion to Adjourn (unqualified) ends the meeting without further session.

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MODERATOR'S RULES OF DEBATE AND DECORUM

1. Meetings will start promptly at the time posted with the recitation of the Pledge of Allegiance. 2. Selectmen, Town manager, Town Financial Director, Town Counsel, Finance Committee and other experts needed by those individuals in the administrative branch of government shall sit together at the head of the hall. At Spring Annual Town Meeting, the School Committee shall also sit at the head of the hall to provide information on the budget. 3. Town Meeting Representatives shall sit in the area designated for debate and voting. Only duly elected Town Meeting Representatives are allowed in this area; all others must sit at the back of the hall. 4. A section of the hall will be made available for the press. 5. The podium and microphone at the head of the hall shall be reserved for sponsors and speakers on a warrant article. 6. All debate shall emanate from the microphone(s) facing the Moderator in the center of the hall. Board or Committee members, other town officials, or department heads may use other microphones to answer questions or provide information to the meeting. 7. All electronic devices such as cell phones, pagers and PDA’s must be silenced. 8. Video and print media shall not interfere with the town meeting process and shall not interfere with speakers addressing any issues. 9. A Question and Answer period will be allowed as follows:

Each person in line will be allowed to ask up to two questions, with a possible follow up to each

question, when given permission to do by the Moderator. After which, you will have to go to the end of

the line and re-queue. You should prioritize your questions so that you do not unfairly monopolize the

time allowed for the Q&A period. The Moderator reserves the right to terminate the Q&A period and

proceed directly to Debate.

10. During debate, speakers are encouraged to be brief and non-redundant. Repetitive support or opposition for an issue is discouraged. 11. A person should not speak a second time until everyone in line has had an opportunity to speak unless the previous speaker wishes to correct or dispute a statement of fact made by the previous speaker. 12. Intentional slander against any individual or group will not be tolerated. 13. Discussion of pending litigation will not be permitted unless specifically included in the warrant article being debated. 14. Roll call votes will be made in sequential order by precinct and alphabetically within the precinct. The Town Clerk shall read the name of the town meeting representative. The town meeting representative shall answer “Yea”, “Nay” or “Present”. All responses or lack of a response will be recorded. The Town Clerk shall read back the name and vote. At the conclusion of said vote, the Town Moderator shall ask if anyone wishes to vote who did not vote and if anyone wishes to change a vote. The inquiry is made in order by precinct.

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ELECTRONIC VOTING GUIDELINES Richard E. DeFreitas, Town Moderator

ELECTRONIC ROLL CALL... Motions and Amendments require full disclosure. Names and Votes will be displayed and recorded as part of the voting process. ELECTRONIC TALLY... Procedural Votes only require a tally. Names need not be displayed. Only the total count will be recorded... unless the Moderator decides the vote requires full disclosure. One or more large screen displays will be used to display Electronic Roll Call votes. Both Electronic Roll Call and Electronic Tally results will be fed to a separate display for the Town Moderator and Town Clerk. The Electronic Roll Call votes shown on the large screen(s) will show both the individual rep votes by precinct and the tally by precinct and the totals. The Electronic Tally will only show the totals. System will calculate 2/3 vote requirements for both Electronic Roll Call and Electronic Tally based on the "yea" and "nay" votes. Moderator and the Clerk will verify the result. Electronic Roll Call will require up to 30 seconds Electronic Tally will only require up to 15 seconds. Moderator will start and stop the voting process. System will allow a quorum count at the start of Town Meeting and any time a "point of order" is raised for a quorum count. System will allow for, and record the following... "Yea" - in favor of motion or amendment "Nay" - opposed to motion or amendment "Present" or "Abstain" - not voting and not a part of 2/3 vote. If no selection is made, it will be recorded as not voting. Any challenge to the electronic vote must be made before the next article is read... Seven (7) Reps can request a hand count. Forty (40) Reps can request a roll call vote. If the challenge count varies from the electronic count, the physical count will prevail. The electronic vote results will still be posted and noted as overturned by the challenge. Both physical and electronic counts will be recorded. The results of each vote taken will be posted on the Town's web site for all to see and will be saved in perpetuity.

Fall 2011 warrant-book_final

News & Politics

Transcript of Fall 2011 warrant-book_final