Preliminary Motion:
Motion made by Joseph Hallisey, Selectman, and
seconded
I move that Article 3 be divided into separate
parts One through Twelve, excluding Part Three, for the purpose of voting on
motions under this article.
John Veysey wanted to avoid an override by cutting
the budget further, by going over each line item in each part.
His proposed cuts would decrease the budget by
$217,000.
Joseph Hallisey, Selectman made a motion to
withdraw his motion and seconded.
Voice vote – majority voted in favor to have his
motion withdrawn.
Motion made by John Veysey, and seconded.
I move that we consider Article 3 as presented in
the Warrant with a vote on the entire budget after all amendments have been
made, excluding the two school budgets.
Voice vote on the motion – Unanimous MOTION
CARRIED
To make it easier and less confusing, the
Moderator suggested that go through each part by line item and mark the line
item to be discussed. We will go back and discuss or amend each line item
marked and vote on the original amount in the budget first and if that does not
pass, a vote will be taken on the amended amount.
ITEMS FLAGGED IN PART I GENERAL GOVERNMENT WERE:
1290 TOWN ADMINISTRATOR
51112 Salaries, Appointed Positions $95,000
51142 Longevity
875
1350 ACCOUNTANT
51112 Salaries, Appointed Position
$75,899
51142 Longevity
3,069
51144 Prof
Certification 1,000
52000 Purchase of Services 22,125
1450 TREASURER COLLECTOR
51111 Salaries, Elected Official
$76,248
1550 INFORMATION SYSTEMS TECH
51112 Salaries, Appointed Position
$59,995
51145 Longevity
700
1710 CONSERVATION COMMISSION
51113 Wages, Hourly
$33,867
1750 PLANNING BOARD
51113 Wages, Hourly
$36,582
1760 BOARD OF APPEALS
51113 Wages, Hourly
$9,000
1920 TOWN HALL
51113 Wages, Hourly
$39,983
51130 Overtime
4,738
ACTION TAKEN ON THE ABOVE FLAGGED LINE ITEMS
1290 TOWN ADMINISTRATOR
51112 Salaries, Appointed Position $95,000
Motion made by Eric Smith and seconded.
I move to decrease the salary to $70,000.
There was discussion on the motion and Eric Smith
withdrew the amendment.
Voice vote – Unanimous voted to withdraw the
motion.
Vote on original $75,000 amount on line item in
warrant.
Voice vote – Majority voted in favor.
LINE ITEM STAYED THE SAME
51142 Longevity $875
No motion made.
LINE ITEM STAYED THE SAME
1350 ACCOUNTANT
51112 Salaries, Appointed Positions $75,899
Motion made by John Veysey and seconded.
I move to amend 51112, Salaries, Appointed
Position, to read $69,899.
There was discussion on this motion and a motion
was made to move the question.
Voice vote – Majority voted to move the question.
Vote on original $70,000 amount of line item in
warrant.
Voice vote – Majority voted against
Vote on amended figure of $69,899.
Voice vote – Majority voted in favor.
There were no motion to change:
51142 Longevity
51144 Prof Certification
52000 Purchase of Service
1450 TREASURER COLLECTOR
51111 – Salaries, Elected Officials $76,248
Salary was already voted in Article 2.
No action taken.
1550 INFORMATION SYSTEMS TECH
51112 Salaries, Appointed Position $59,995
Motion made by John Veysey to reduce 51112 Salaries,
Appointed Position to $58,330 and seconded.
There was discussion and a motion made to move
question.
Voice vote – Majority voted in favor to move the
question.
Voice vote on the original line item amount of
$59,995.
Voice vote was inconclusive and standing vote
taken. YES 313 NO 73 MOTION CARRIED
LINE ITEM REMAINED THE SAME
No motion made on 51142 Longevity.
1710 CONSERVATION COMMISSION
51113 Wage, Hourly $33,867
Motion made by John Veysey and seconded.
I move to reduce 51113 Wages, Hourly to $30,000
and seconded.
There was discussion and a motion was made to move
the question.
Majority voted in favor to move the question.
Voice vote taken on the original line item amount
of $33,867.
Majority voted in favor.
LINE ITEM REMAINED THE SAME
1750 PLANNING BOARD
51112 Salaries, Appointed Positions $36,582
Motion made by John Veysey to reduce 51112
Salaries, Appointed Positions to $35,069.
There was discussion and a motion was made to move
the question.
Majority voted in favor of moving the question.
Voice vote taken on the original $36,582.
Inconclusive
Standing Vote 288 YES 66 NO
LINE ITEM REMAINED THE SAME
1760 BOARD OF APPEALS
51113 Wages, Hourly $9,000
Motion made by John Veysey to reduce 51113 Wages,
Hourly to $8,000 and seconded.
There was discussion and a motion was made to move
the question.
Majority voted in favor to move the question.
Voice vote taken on the original $9,000.
Majority voted in favor.
LINE ITEM REMAINED THE SAME
1920 TOWN HALL
51113 Wages, Hourly $39,983
Motion made by John Veysey to reduce 51113 Wages,
Hourly to $35,983 and seconded.
There was discussion and a motion was made to move
the question.
Majority voted in favor to move the question.
Voice vote taken on the original $39,983.
Inconclusive
Standing Vote YES 199 NO 133
LINE ITEM REMAINED THE SAME
51130 Overtime $4,738
Motion by John Veysey and seconded.
Motion made to reduce 51130 Overtime to $2,738 and
seconded.
There was discussion a motion was made to move the
question.
Majority voted in favor to move the question.
Voice vote taken on the original line item $4,738.
Majority voted in favor.
LINE ITEM REMAINED THE SAME.
TOTAL OF PART I - $1,102,690
PART I: GENERAL GOVERNMENT
Motion made by Joseph A. Sergi, Selectman, and
seconded.
I move that all items in Part I of Article 3
totaling $ 1,102,690 providing funds for the period July 1, 2009 to June 30,
2010 be appropriated, as printed in the Finance Committee Report, for “General
Government” in accordance with the recommendation of the Finance Committee as
follows:
$1,042,147 Raise and
appropriate
$ 30,385 Appropriate
from Sewer Enterprise Revenue
$ 30,158 Appropriate
from Water Enterprise Revenue
Majority vote required
Voice Vote – Unanimous MOTION CARRIED
Motion
made to adjourn the Annual Town Meeting to Monday, May 11th at 7:30
at the North Middlesex Regional High School and seconded. Unanimous
Town
Meeting adjourned.
Third
session called to order by the Moderator at 7:35 P.M. Monday, May 11th.
Diane
Gasper, Finance Committee, moved to amend Part II, Public Safety Account #2210
Police Department as follows: of the Public Safety, Police Dept.
51113
Wages Hourly from $1,010,920 to $993,532 ($17,388 less)
51141
Education Incentive from $63,810 to $62,802 ($1,008 less)
51192
Uniform Allowance from $20,750 to $15,500 ($5,250 less)
These
items reflect amendments made to the police contract. This would establish a
new baseline for the budget as recommended by the Finance Committee.
ITEMS
FLAGGED FOR PART II PUBLIC SAFETY
2110 POLICE DEPARTMENT
51112
Salaries, Appointed Positions $109,000
51113
Wages, Hourly $1,010,920 (reduced by Finance
Committee to $993,532)
51141 Educational Incentive $63,810 (reduced by Finance
Committee to $62,802)
51192
Uniform Allowance $20,750 (reduced by Finance Committee to
$15,500)
54000
Supplies $82,000
2510 COMMUNICATIONS CENTER
51113
Wages, Hourly $200,933
51130
Overtime $40,132
ACTION
TAKEN ON FLAGGED ITEMS
Article
3, Part II Police Dept.
51112 Salaries, Appointed Positions
$109,000
Motion made by Eric Smith and
seconded.
I move to amend Police Department,
line item 51112, Salaries, Appointed Positions to be in the amount of $86,000
and seconded.
The Board of Selectmen were not in
favor of this amendment.
Motion made to move the question and
seconded.
Majority voted to move the question.
Voice vote on original motion of
$109,000.
Majority voted in favor.
LINE ITEM REMAINED THE SAME
51113 Wages, Hourly $1,010,020
(Recommended by Finance Committee $993,532)
I move to amend Police Department line
item 51113, Wages, Hourly, to be in the amount of $910,920 and seconded.
Motion made by John Veysey and
seconded.
Motion made to move the question and
seconded.
Voice vote on line item 51113,
$993,532, as recommended by the Finance Committee.
Majority voted in favor.
MOTION CARRIED.
51130 Overtime $250,000
Motion made by John J. Veysey and
seconded.
I move that line item 2110-51130 be
amended to reduce the recommended amount for FY 2010 from $250,000 to
$225,000.
Majority
voted in favor to move the question.
Voice
vote on original item of $250,000.
Majority
voted in favor.
REMAINED
THE SAME
There was discussion on the article and a motion
made to move the question 51141 Educational Incentive $63,810 (Recommended by
Finance Committee $62,802)
51192 Uniform Allowance $20,750
Change to $15,500 as recommended by the Finance
Committee.
54000
Supplies $57,500
Question
were asked and answered what this amount will be used for.
Motion
made to move the question.
Unanimous
voted to move the question.
Voice
vote on the original line item $57,500.
Unanimous
voted in favor
REMAINED
THE SAME
Article 3 PART II
2510 - COMMUNICATION CENTER
51113 Wages, Hourly $200,933
Motion made by John J. Veysey and seconded.
I move that line item 2510 -51113 be amended to
reduce the recommended amount for FY 2010 from $200,933 to $186,417 and that
said sum be raised and appropriated.
Voice vote on the original line item $200,933
Unanimous voted in favor
REMAINED THE SAME
51130 Overtime $40,132
Motion made by John J. Veysey and seconded.
52230 Overtime $
40,132
2910 EMERGENCY MANAGEMENT
5200 Purchase of Services
$5,600
ACTION TAKEN ON FLAGGED ITEMS PART II – PUBLIC
SAFETY
2110 POLICE DEPARTMENT
51112 Salaries, Appointed Positions $109,000
Motion made by Eric Smith and seconded.
I move to amend Police Department, line item 51112,
Salaries, Salaries Appointed Positions to be in the amount of $86,000 and
seconded.
The Board of Selectmen were not in favor of this
amendment.
Motion made to move the question and seconded.
Voice vote on the original amount of $109,000.
Majority voted in favor.
LINE ITEM REMAINED THE SAME
51113 Wages Hourly $1,010,020 (Recommended amount of
$993,532 by Finance Committee).
Motion made by John Veysey and seconded.
I move to amend Police Staion line item 51113, Wages,
Hourly to be in the amount of $910,920 and seconded.
Motion to move the question and seconded.
Voice vote on line item 51113 in the amount of $993,532,
as recommended by the Finance Committee.
Majority voted in favor.
LINE ITEM REMAINED AS RECOMMENDED BY THE FINANCE
COMMITTEE
51130 Overtime $250,000
Motion made by John Veysey and seconded.
I move that line item 2110-51130 be amended to reduce the
recommend amount for FY 2010 from $250,000 to $225,000.
There was discussion on the article and a motion was made
to move the question and seconded.
Voice vote on line item 51130 in the amount of $250,000.
Majority voted in favor.
LINE ITEM REMAINED THE SAME
51141 Educational Incentive $63,801 (Recommended amount
of $62,802 by the Finance Committee)
51192 Uniform Allowance $20,750 (Recommended amount of
$15,500, as recommended by the Finance Committee.
54000 Supplies $57,500
Question were asked and answered what this amount will be
used for.
Motion to move the question and seconded.
Voice vote on the original line item $47,500.
Unanimous voted in favor.
LINE ITEM REMAINED THE SAME.
2510 COMMUNICATIONS CENTER
51113 Wages, Hourly $200,933
Motion made by John Vesey and seconded.
Voice vote on the original line item $200,933.
Unanimous voted in favor.
LINE ITEM REMAINED THE SAME
51130 Overtime $40,132
Motion made by John Veysey and seconded.
I move that line item 2510 – 51130 be amended to reduce
the recommended amount for FY 2010 from $40,132 to $25,000 and that said sum be
raised and appropriated and seconded.
Motion to made to move the question and seconded.
Voice vote on the original line item $40,132
Unanimous vote in favor
LINE ITEM REMAINED THE SAME
2910 EMERGENCY MANAGEMENT
52000 Purchase of Services $5,600
Motion made by James Pantano and seconded.
I move to remove $4,300 from Emergency Management budget,
Item 52000, for the purpose of funding the Reverse 911 System.
There was discussion on the article and people were in
support to fund the 911 System.
Motion made to move the question and seconded.
Voice vote on the original line item $5,600
Unanimous voted in favor
LINE ITEM REMAINED THE SAME
TOTAL OF PART II - $2,280,448
PART II: PUBLIC SAFETY
Motion made by Patrick J. McNabb, Selectman, and
seconded.
I move that all items in Part II of Article 3 totaling $
2,280,448 providing funds for the period July 1, 2009 to June 30, 2010 be
raised and appropriated for “Public Safety” in accordance with the
recommendation of the Finance Committee as follows:
$ 2,280,448 Raise and appropriate
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED
PART IV PUBLIC WORKS & FACILITIES
ITEMS FLAGGED IN PART IV WERE:
4240 STREET LIGHTING
52000 Purchase of Services $24,086
Motion made by Joseph Hallisey and seconded.
I move that line item 52000 (“Street Lighting”) be funded
in the amount of $40,086 with $16,000 of said amount be appropriated from Free
Cash.
There was discussion concerning shutting lighting down
because of liability and there would still be expenses related to doing this
and also to reinstate lighting in the future.
Motion was made to cut debate and seconded.
Majortiy vote to cut debate.
Vote taken on the original line item amount of $24,086
Voice vote – inconclusive
Standing vote - YES 55 NO 326
DID NOT CARRY
Voice vote taken on the amendment to the motion.
Voice vote – Unanimous
MOTION CARRIED
TOTAL PART IV $966,174
Motion made by Fred Farmer, Board of Public Works and
seconded.
I move that all items in Part IV of Article 3 totaling
$966,174 providing funds for the period July 1, 2009 to June 30,2010 be raised
and appropriated for “Public Works” in accordance with the recommendation of
the Finance Committee.
$950,174 Raise and appropriate
$ 16,000 Free Cash
Majority vote required.
Voice Vote – Unanimous
Meeting adjourned and would be continued June 12th.
Meeting called to order on June 12th at 7:40
PM
ITEM FLAGGED FOR ARTICLE 3, PART V HUMAN
SERVICES
5110 BOARD OF HEALTH
51112 Salaries Appointed Position 0
51113 Wages, Hourly $17,862
52000 Purchase of Services $73,738
54000 Supplies
$800
57000 Other Charges and Expenses $600
5210 CLINICS
52000 Purchase of Services $1,171
5220 NURSING SERVICE
51112 Salaries, Appointed Position 0
51142 Longevity 0
52000 Purchase of Services 0
54000 Supplies
0
57000 Other Charges and Expenses 0
5230 MENTAL HEALTH SEVICES
52000 Purchase of Services 0
5410 COUNCIL ON AGING
51112 Salaries, Appointed Positions 0
51113 Wages, Hourly
0
52000 Purchase of Services 0
54000
Supplies 0
Motion made by Elfriede Parker
I move to restore the Council on Aging budget Department
#5410-51112 thru 57000 completely in the amount of $172,640. to be taken from
Free Cash, so we are no longer held hostage to an override vote and retain
services for our senior citizens who build this town.
Motion made by John Veysey and seconded.
I move that line item 5410 –51112 be amended to increase
the recommended amount for FY2010 from $0.00 to $54,447 and that said sum be
raised.
There is no funding source.
John Veysey made a motion to withdraw this amendment and
seconded.
Voice vote – Unanimous
Motion made by John Gubernat and seconded.
Motion made to allow to talk about all motions at once.
Voice Vote - Majority voted in favor.
ACTION TAKEN ON PART V HUMAN SERVICES
PART V: HUMAN SERVICES
51112 Salaries, Appointed Positions 0
ITEM STAYED THE SAME
51113 WAGES, HOURLY - $17,862
Motion made by Scott Butcher and seconded.
I move to amend to amend 51113 to read $29,964 with
$12,102 be appropriated from free cash.
Vote on $17,862
Voice vote – inconclusive
Standing vote YES 187 NO 123
ITEM STAYED THE SAME
52000 PURCHASE OF SERVICES - $73,738
REMAINED THE SAME
54000 SUPPLIES - $800
REMAINED THE SAME
57000 OTHER CHARGES AND EXPENSES $600
REMAINED THE SAME
5210 CLINICS
52000 PURCHASE OF SERVICES $1,171
REMAINED THE SAME
5220 NURSING SERVICE 0
Motion made by Elfriede Parker and seconded.
I move that we appropriate $30,744 to be appropriated
from Free Cash.
This would be used for additional hours for local nurse
if Nashoba Board of Health could not give coverage.
Vote taken on original amount of 0.
Majority voted in favor.
REMAINED THE SAME
51112 SALARIES, APPOINTED POSITION 0
REMAINED THE SAME
51142 LONGEVITY 0
REMAINED THE SAME
52000 PURCHASE OF SERVICES 0
REMAINED THE SAME
54000 SUPPLIES 0
REMAINED THE SAME
57000 OTHER CHARGES AND EXPENSES 0
REMAINED THE SAME
5230 MENTAL HEALTH SERVICES 0
ACCOUNT 5110 – BOARD OF HEALTH
I move that Account 5110 (“Board of Health”) be funded in
the amount of $102,250, with $9,250 of said monies to be appropriated from Free
Cash.
PART V: HUMAN SERVICES
ACCOUNT 5220 – NURSING SERVICES
I move that Account 5220 (“Nursing Services”) be funded
in the amount of $30,774, said sum to be appropriated from Free Cash.
PART V: HUMAN SERVICES 0
ACCOUNT 5230 – MENTAL HEALTH SERVICES
Motion made by Scott Butcher and seconded.
I move that Account 5230 (“Mental Health Services”) be
funded in the amount of $5,000, said sum to be appropriated from Free Cash.
Voice vote – Inconclusive
Standing vote taken YES 159 NO 120 MOTION DID
NOT CARRY
LINE ITEM REMAINED THE SAME
Motion made to adjourn to May 11th
Meeting called to order on May 12th
Motion made my Elfriede Parker and seconded.
I move to restore the Council on Aging budget Department
#5410-51112 thru 57000 completely in the amount of $172,640. to be taken from
Free Cash, so we are no longer held hostage to an override vote and retain
services for our senior citizens who build this town.
Voice vote – Majority voted in favor
Article 6 taken out of order to vote on.
Motion made by John Gubernat and seconded.
I move that we amend the motion on the floor to consider
Article 6 out of order and simultaneously with consideration and debate on
Article 3, Part V, Account 5410 and subsequently related budget items.
TOTAL OF HUMAN SERVICES $125,983
PART V: HUMAN SERVICES
Motion made by Diane Gasper and seconded.
I move that all items in Part V of Article 3 totaling
$125,983 providing funds for the period July 1, 2009 to June 30, 2010 be raised
and appropriated and to borrow $14,3887 from Free Cash for “Human Services” in
accordance with the recommendation of the Finance Committee.
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED
ACCOUNT 5410 – COUNCIL ON AGING
Motion made by Joseph A. Sergi, Selectman, and seconded.
I move that Account Number 5410 (“Council on Aging”) be
funded in the amount of $14,387, said sum to be appropriated from Free Cash;
and that the Town Accountant be authorized to distributed said monies among the
constituent line items in 1/12 portion to the FY ’09 budget.
Majority vote required.
Voice Vote – Majority voted in favor MOTION CARRIED
ITEMS FLAGGED FOR PART IV CULTURE & RECREATION
6310 SUMMER PLAYGROUND
51113 Wages, Hourly 0
6320 COMMUNITY CENTER
51113 Wages, Hourly $5,000
6920 MEMORIAL DAY CELEBRATION
52000 Purchase of Services 0
ACTION TAKEN ON PART VI HUMAN SERVICES
PART VI
ACCOUNT 6110 – LAWRENCE LIBRARY
Motion made by Patrick J. McNabb, Selectman, and seconded.
I move that Account Number 6110 (“Lawrence Library”) be funded in the
amount of $35,962; said sum to be appropriated from Free Cash; and that the
Town Accountant be authorized to distribute said monies among the constituent
line items in 1/12 portion to the FY ’09 Budget.
Motion made to amend the motion to read $36,378. instead of $35,962.
There was discussion of the motion.
Motion was made to move the question.
Voice vote on the amendment to the motion. Majority voted in favor.
AMENDMENT TO THE MOTION CARRIED
3610 SUMMER PLAYGROUND
51113 PURCHASE OF SERVICES 0
Motion made by Constance Menice.
I make a motion that $5,000 will be appropriated from free cash to fund
summer playground dept #6310 line 51113 Wages, Hourly.
Constance stated that her son Lucas, who is autism, has benefited from
the summer playground program and it is extremely economical option for parents
to provide their children with a healthy daily activity during summer vacation.
Voice vote – Majority voted in favor AMENDMENT CARRIED
Constance and her family would like to donate $238.00 for 54000 Supplies.
ACCOUNT 6920 – MEMORIAL DAY CELEBRATION
52000 Purchase of Services
Motion made by Mike Green and second.
I move that the Town vote no action on this line item, Part VI -6920.
The $3,000 cost will be covered by my company, 1A Auto, Chapel Place.
Voice vote – Unanimous MOTION CARRIED
PART VI: CULTURE AND RECREATION
I move that all items in Part VI of Article 3 totaling $41,378 providing
funds for the period July 1, 2009 to June 30, 2010 be raised and from Free Cash
for “Culture and Recreation” in accordance with the recommendation of the
Motion made by Joseph Sergi, Selectman, and seconded.
Finance Committee.
Voice vote – Unanimous
MOTION CARRIED
PART VII DEBT-OBLIGATION
7190 DEBT-OBLIGATION III
59000 Long-Term Debt $227,885
Motion made by Michael Hartnett, Tax Collector/Treasurer, and seconded.
I move that all items in Part VII of Article 3 totaling $ 418,999
providing funds for the period July 1, 2009 to June 30, 2010 be raised and
appropriated for “Debt Service” in accordance with the recommendation of the
Finance Committee.
Majority vote required.
Voice vote – Unanimous MOTION CARRIED
PART VIII: EMPLOYEE BENEFITS & INS.
Motion made by Michael Hartnett, Tax Collector/Treasurer, and seconded.
I move that all items in Part VIII of Article 3 totaling $1,529,509
providing funds for the period July 1, 2009 to June 30, 2010 be appropriated
for “Employee Benefits and Insurance” in accordance with the recommendation of
the Finance Committee as follows:
$ 660,946 Raise and appropriate
$ 450,000 From Free Cash
$ 418,563 Appropriate from Retirement Fund
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED
PART IX: AMBULANCE
Motion made by Toby Tyler, Board of Fire Engineers, and seconded.
I move that all items in Part IX of Article 3 totaling $ 226,207 providing
funds for the period July 1, 2009 to June 30, 2010 be raised and appropriated
for “Ambulance Fund” in accordance with the recommendation of the Finance
Committee.
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED
PART X: SEWER ENTERPRISE FUND
Motion made by Greg Rice, Board of Public Works, and
seconded.
I move that all items in Part X
of Article 3 totaling $1,833,633 providing funds for the period July 1, 2009 to
June 30, 2010 be appropriated for “Sewer Enterprise Fund” in accordance with
the recommendation of the Finance Committee as follows:
$1,678,248 Appropriate
from Sewer Enterprise Revenue
$ 125,000 Appropriate
from Sewer Enterprise Betterment Fund
$ 30,385 Included
in other budgets as appropriated in Article 3, Part I
Majority vote required.
Voice Vote – Unanimous MOTION
CARRIED
PART XI: WATER ENTERPRISE FUND
Motion made by Fred Farmer, Board
of Public Works, and seconded.
I move that all items in Part XI
of Article 3 totaling $1,298,616 providing funds for the period July 1, 2009 to
June 30, 2010 be appropriated for “Water Enterprise Fund” in accordance with
the recommendation of the Finance Committee as follows:
$1,232,883 Appropriate
from Water Enterprise Revenue
$ 35,575 Appropriate
from Special Revenue Fund – Sale of Town Buildings, Canal Street
$ 30,158 Included
in other budgets as appropriated in Article 3, Part I
Majority vote required.
Voice Vote – Unanimous MOTION
CARRIED
PART XII: TRANSFER STATION
ENTERPRISE FUND
Motion made by Lewis Lunn, Board
of Public Works, and seconded.
I move that all items in Part XII
of Article 3 totaling $369,688 providing funds for the period July 1, 2009 to
June 30, 2010 be appropriated from Transfer Station Revenue for “Transfer
Station Enterprise Fund” in accordance with the recommendation of the Finance
Committee as follows:
$349,688 From Transfer Station Enterprise Revenue
$ 20,000 From Transfer Station Enterprise Free Cash
Majority vote required.
Voice Vote – Unanimous MOTION
CARRIED
Adjourned
Sessioon
May
18, 2009
ARTICLE
4
NORTH MIDDLESEX REGIONAL SCHOOL DISTRICT
ASSESSMENT
To see if the Town will vote to raise and appropriate or
appropriate from available funds the sum of $10,198,707.65 for the purpose of
funding the Town’s apportioned share of the North Middlesex Regional School
District operating budget and debt service for the fiscal year July 1, 2009
through June 30, 2010, as most recently certified to the Town by the District
Treasurer, and, by virtue of appropriating this sum, approve the certified
budget for the said fiscal year, or, by not appropriating this sum, explicitly
disapprove the certified budget; or take any other action relative thereto.
Recommended by Finance Committee.
Motion
made by Arnold Silva, North Middlesex Regional School District Committee
Member, and seconded.
Motion made by Frederick E. Farmer and seconded. I move
that the Town vote to raise and appropriate the sum of $10,198,707.65 for the
purpose of funding the Town’s apportioned share of the North Middlesex Regional
School District operating budget and debt service for the fiscal year July 1,
2009 through June 30, 2010, as most recently certified to the Town by the
District Treasurer, and, by virtue of appropriating this sum, approve the
certified budget for the said fiscal year, or, by not appropriating this sum,
explicitly disapprove the certified budget.
Dr. Marshall, Superintendent of the North Middlesex
Regional School District, gave a presentation of the budget.
I move that Pepperell’s share of the North Middlesex
Regional Schools operating budget and debt service, for Fiscal Year, July 1,
2009 through June 30, 2010, be explicitly disapproved from certification on the
present budget.
There was a lengthy debate, a motion was made to move the
question.
Voice Vote – Majority voted to move the question.
Majority vote required on the main motion.
Standing vote taken. YES 256 NO 15 MOTION
CARRIED
ARTICLE
5
NASHOBA VALLEY TECHNICAL HIGH SCHOOL ASSESSMENT
To see if the Town will vote to raise and appropriate or
appropriate from available funds, the sum of $1,032,171 for the purpose of
providing funds for the Town’s apportioned share of the Nashoba Valley
Technical High School operating budget and debt service for the fiscal year
July 1, 2009 through June 30, 2010, as most recently certified to the Town by
the District Treasurer, and by virtue of appropriating this sum, approve the
certified budget for the said fiscal year, or by not voting to appropriate the
sum, explicitly disapprove the certified budget; or take any other action
relative thereto.
Recommended by Finance Committee.
Motion made by Sandra Proctor, Nashoba Valley Technical
High School Committee Member, and seconded.
I move that the Town vote to raise and appropriate the
sum of $1,032,171 for the purpose of providing funds for the Town’s
apportioned share of the Nashoba Valley Technical High School operating budget
and debt service for the fiscal year July 1, 2009 through June 30, 2010, as
most recently certified to the Town by the District Treasurer, and by virtue of
appropriating this sum, approve the certified budget for the said fiscal year,
or by not voting to appropriate the sum, explicitly disapprove the certified
budget.
Majority vote required.
Voice Vote – Majority voted in favor. MOTION CARRIED
ARTICLE 6
By: Board of Selectmen
SUPPLEMENTAL FUNDING
To see if the Town will vote to raise and appropriate the
following additional sums for the FY ‘10 budgets of the designated departments,
subject to an override vote of the Town:
COUNCIL ON AGING $
172,640
LAWRENCE LIBRARY
436,539
COMMUNITY CENTER
37,618
And authorize the Town Accountant to distribute said
funds to the appropriate line items; or take any other action relative thereto.
This article will fund the three designated departments
for FY10 - IF the voters approve the appropriation through an override
referendum, as an addition to the allowed tax levy.
Recommended by Finance Committee.
Motion made by Joseph A. Sergi, Selectman and
second
I move that the Town vote to raise and appropriate the
following additional sums for the FY ‘10 budgets of the designated departments,
subject to an override vote of the Town:
COUNCIL ON AGING $
172,640
LAWRENCE LIBRARY
436,539
COMMUNITY CENTER
37,618
And authorize the Town Accountant to distribute said
funds to the appropriate line items.
Motion made John Veysey and seconded.
I move to amend Article 6 by reducing the amounts as
follows:
Council on Aging $172,640 to $92,566
Lawrence Library $436,539 to $234,061
Community Center $37,618 to $20,170
Motion made to move the question.
Majority voted in favor
Voice vote on the motion.
Majority voted against.
Discussion was held on the original motion.
Motion was made to move the question.
Voice
vote – Majority voted in favor.
Voice vote on the motion. Majority voted in favor.
MOTION CARRIED
The
date for the Special Election will be held on Monday, June 29, 2009.
ARTICLE 7
By: Board of Fire
Engineers
NEW FIRE HOSE
To see if the Town will vote to raise and appropriate or
appropriate from available funds the sum of $15,000 for the purpose of
purchasing replacement 4” fire hose, said appropriation to be under the control
of the Board of Fire Engineers; or take any other action relative thereto.
This article will replace worn-out, leaky hose,
which no longer gets all the water to the nozzle end of the hose, never mind to
the location where it is actually needed.
Recommended by Finance Committee.
Motion
made by Toby Tyler, Board of Fire Engineers, and seconded.
I move that the Town vote to appropriate from
Stabilization Fund the sum of $15,000 for the purpose of purchasing replacement
4” fire hose, said appropriation to be under the control of the Board of Fire
Engineers; or take any other action relative thereto.
2/3
Vote required.
Voice Vote – Unanimous MOTION CARRIED
(Adjourned Session – May 12, 2009)
ARTICLE
8
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning By-law
as follows:
Revise Section 2200. OVERLAY DISTRICTS. by adding:
Sewer District SD
Mixed-Use MUOD
or take any other action relative thereto.
Explanation: The above overlay districts were
previously added as separate sections of the Zoning Bylaws, however the listing
of these two districts was never added to Section 2200, where the list of all
overlay districts in the Town appears.
Motion made by Nick Cate, Planning Board, and
seconded.
I move that the Town vote to amend the Zoning By-law as
follows:
Revise Section 2200. OVERLAY DISTRICTS. by adding:
Sewer District SD
Mixed-Use MUOD
2/3
Vote required.
Voice
Vote – Unanimous MOTION CARRIED
(Adjourned
Session – May 12, 2009)
ARTICLE 9
By: Recreation
Commission
TENNIS COURT RECONSTRUCTION
To see if the Town will vote to
raise and appropriate, appropriate from available funds, or borrow the sum of
$180,000 for the purpose of rebuilding the tennis courts located behind the
Varnum Brook Elementary School, said appropriation to be under the control of
the Board of Public Works; or take any other action relative thereto.
This article would rebuild
existing tennis facilities located on the School District’s property; some
legal work would be a prerequisite for any actual expenditure of Town funds on
non-Town property.
Not recommended by Finance Committee.
Not recommended by CAProgram
Motion made by David Priddle, Recreation
Commissioner, and seconded.
I move that the town vote to raise and
appropriate, appropriate from available funds, or borrow the sum of $180,000
for the purpose of rebuilding the tennis courts located behind the Varnum Brook
Elementary School, said appropriation to be under the control of the Board of
Public Works.
There was discussion on the motion and a motion
was made to move the question.
Voice vote – Unanimous QUESTION MOVED
Majority vote required.
Voice Vote – Unanimous voted against this motion.
MOTION DID NOT CARRY
ARTICLE 10
By: Board of Public
Works
TRANSFER STATION MULTI-PURPOSE MACHINE
To see if the Town will vote to appropriate from Transfer
Station Free Cash the sum of $60,000 for the purchase of a multi-purpose
machine (fork lift) for the recycling operation of the Transfer Station, said
appropriation to be under the control of the Highway Superintendent; or take
any other action relative thereto.
The primary use of this machine will be as a fork
lift at the Transfer Station, with a number of other functions available, as
needed. The monies will come from the Enterprise Fund, not the tax rate.
Recommended by Finance Committee.
Recommended by CAProgram.
Motion
made by Frederick Farmer, Board of Public Works, and seconded.
I move that the Town vote to appropriate from Transfer
Station Free Cash the sum of $49,000 for the purchase of a multi-purpose
machine (fork lift) for the recycling operation of the Transfer Station, said
appropriation to be under the control of the Highway Superintendent.
There was discussion on this motion and a motion was made
to move the question.
Voice Vote – Unanimous QUESTION MOVED
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED
ARTICLE 11
TRANSFER STATION TRUCK
To
see if the Town will vote to appropriate from Transfer Station Free Cash the
sum of $15,000 for the purchase of a used one-ton truck for the Transfer
Station, said appropriation to be under the control of the Highway Superintendent;
or take any other action relative thereto.
This
article would replace a derelict vehicle, whose primary use is on the premises
of the Transfer Station. The monies will come from the Enterprise Fund, not the
tax rate
Recommended by Finance Committee.
Recommended by CAProgram
Motion made by Frederick
Farmer, Board of Public Works, and seconded.
I
move that the Town vote to appropriate from Transfer Station Free Cash the sum
of $15,000 for the purchase of a used one-ton truck for the Transfer Station, said
appropriation to be under the control of the Highway Superintendent.
Majority
vote required.
Voice Vote – Unanimous MOTION CARRIED
MAY 4, 2009 (Adjourned Session – May 12, 2009
ARTICLE 12
By: Board of Fire
Engineers
REVOLVING FUND
To see if the Town will vote to authorize a revolving
fund, pursuant to MGL Ch. 44, s. 53E ½, for the purpose of receiving and
expending funds as a result of reimbursable incidents allowed under MGL Ch.21E,
relative to hazardous materials releases. Receipts generated shall be deposited
into said revolving fund, and expenditures, not to exceed $100,000 may be made
by the Board of Selectmen to the respective responding departments; or take any
other action relative thereto.
When the Fire Department or other Town agency
responds to a hazardous waste incident, oil or gas spill, or any other
situation involving a clean-up element, there is a resulting out-of-pocket
expense for consumables (oil absorbent pads, flow dams, etc., etc.). These
costs and other, related charges can be claimed against insurance coverage, or
business entities. The revolving fund would allow these recouped funds to be
cycled back into the cost of providing the service.
Recommended by Finance Committee.
Motion mad by Toby Tyler,
Board of Fire Engineers, and seconded.
I move that the Town vote to authorize a revolving fund,
pursuant to MGL Ch. 44, s. 53E ½, for the purpose of receiving and expending
funds as a result of reimbursable incidents allowed under MGL Ch.21E, relative
to hazardous materials releases. Receipts generated shall be deposited into
said revolving fund, and expenditures, not to exceed $100,000 may be made by
the Board of Selectmen to the respective responding departments.
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED :
ARTICLE 13
By: Police Department
POLICE CRUISERS
To see if the Town will vote to raise and appropriate or
appropriate from available funds the sum of $60,000 for the purpose of
purchasing and equipping two (2) new police cruisers, along with any related
expenses, said appropriation to be under control of the Chief of Police, and to
authorize the disposal of used police vehicle(s) by trade, transfer, or sale;
or take any other action relative thereto.
This is the FY 2010 appearance in the annual cycle
of replacing police cruisers.
Recommended by Finance Committee.
Recommended by CAPprogram
Motion made by Joseph Hallisey, Selectman, and
seconded.
I move that the Town vote to appropriate from
Stabilization Fund the sum of $60,000 for the purpose of purchasing and
equipping two (2) new police cruisers, along with any related expenses, said
appropriation to be under control of the Chief of Police, and to authorize the
disposal of used police vehicle(s) by trade, transfer, or sale.
Motion made by Andrai Kluk and seconded.
I motion to move Article 13 to the Fall Town
Meeting to give the police department adequate time to research fuel efficient
vehicles.
There was discussion and a motion was made to move
the question.
Voice Vote – Unanimous MOTION MOVED
Voice Vote on the amendment to the motion failed
by unanimous voice vote.
2/3 Vote required on main motion
Standing vote taken YES 217 NO 2
MOTION CARRIED
ARTICLE 14
By: Board of Health
NASHOBA BOARDS OF HEALTH
To see if the Town will vote to approve membership in the
Nashoba Associated Boards of Health, a district comprised of the Boards of
Health of its member municipalities, as authorized by MGL, Ch 111, s. 27A, and
to set a Board of Health budget, inclusive of resulting contract costs and such
other budget amendments as may be appropriate; or take any other action
relative thereto.
This article would restructure the Board of
Health’s current setup, by assigning elements of the department’s functions
currently performed by in-house staff, to a private entity, under agreement.
Recommended by Finance Committee.
Motion
made by Scott Butcher, Board of Health, and seconded.
I move that the Town vote to approve membership in the
Nashoba Associated Boards of Health, a district comprised of the Boards of Health
of its member municipalities, as authorized by MGL, Ch 111, s. 27A.
Majority vote required.
Standing Vote - YES 198 NO 172 MOTION
CARRIED
ARTICLE 15
By:
Planning Board
ZONING AMENDMENTS
To
see if the Town will vote to amend the Zoning Bylaw as follows:
Revise Section 3300. HOME OCCUPATIONS as follows:
Under Section 3310. Home Occupation - As of
Right.
Delete:
3311. is conducted solely within a dwelling and
solely by the person(s) occupying the dwelling as a primary residence;
And replace with:
3311. is conducted solely within a dwelling unit
or in a building or other structure accessory thereto, and solely by the
person(s) occupying the dwelling as a primary residence;
Explanation: The as of right home occupation
currently allows only for the use of the dwelling unit for the home occupation.
This change would allow for as of right home occupations to utilize an
accessory building or a detached garage for the purpose of the home occupation.
Accessory structures are further regulated elsewhere in the bylaws.
Delete:
3314. does not utilize exterior storage of
material or equipment (including the parking of commercial vehicles)
And replace with:
3314. does not utilize exterior storage of
material or equipment (commercial vehicles allowed per the guidelines in
Section 3234)
Explanation: As currently written (including the
parking of commercial vehicles) is in contradiction of Section 3234 of the
bylaws. Section 3234 has guidelines for allowing commercial vehicles by right
and by special permit.
Under Section: 3320. Home Occupation - By Special Permit.
Delete:
3322. is conducted within a dwelling solely by the person(s)
occupying the dwelling as a primary residence and, in addition to the residents
of the premises, by not more than two additional employees; where employees
leave vehicles on the premises while conducting business elsewhere, they shall
be counted as nonresident employees.
And replace with:
3322. is conducted within a dwelling or accessory
structure solely by the person(s) occupying the dwelling as a primary
residence and, in addition to the residents of the premises, by not more than
two additional employees; where employees leave vehicles on the premises while
conducting business elsewhere, they shall be counted as nonresident employees.
Explanation: This change again allows for the use
of an accessory structure, and by adding it to this subsection, makes it
consistent with the above change.
Add:
3325.
does not include sales at
retail of foods or materials unless such goods or materials are made on the
premises and no more than 300 square feet shall be utilized for this purpose;
unless otherwise allowed by the Table of Use Regulations.
Explanation: This addition would add a new
requirement to address when permitting a home occupation. Retail sales in a
residential district at a home occupation would create additional traffic and
safety concerns and therefore should not be allowed for a home occupation by
special permit. The allowance for a small area for retail sales, for example, a
hairdresser who wants to sell hair products in her salon, would be allowed with
this section.
Or take any other action relative thereto.
Motion made by Nick Cate,
Planning Board, and seconded.
I move that the Town vote
to amend the Zoning Bylaw as printed in Article 15 of the Warrant of this
Annual Town Meeting.
The report of the
Planning Board was read by the Moderator.
There was discussion on
the motion and a motion was made to move the question.
Voice Vote – Unanimous
MOTION MOVED
2/3 Vote required
Standing Vote YES
126 NO 22 MOTION CARRIED
ARTICLE 16
By: Conservation
Commission
CONSERVATION FUND
To
see if the Town will vote to raise and appropriate or appropriate from
available funds the sum of $1,750 to the Conservation Fund, established by
Article 21 of the 1965 Annual Town Meeting; or take any other action relative
thereto.
This
is a transfer of fee receipts into the Conservation Fund, which has been an
annual request to Town Meeting for many years.
Recommendation to be given at Town Meeting.
Motion made by Jeff Sauer, Conservation
Commission, and seconded.
I move that the Town vote to take no action on
Article 16.
Majority required.
Voice Vote – Unanimous NO ACTION TAKEN
(Adjourned
Session May 18, 2009)
ARTICLE 17
By: Board of Public
Works
NASHUA ROAD WELL DESIGN COSTS
To
see if the Town will vote to borrow the sum of $250,000 for engineering/design
services relative to a new water well located on Nashua Road, as well as any
costs incidental and related thereto, and that the Treasurer, with the approval
of the Board of Selectmen be authorized to borrow said sum, under and pursuant
to MGL Chapter 44, or any other enabling authority, and to issue bonds or notes
of the Town therefore; and, further, that the Board of Public Works, with the
approval of the Board of Selectmen, be authorized to apply for, accept, and
expend any Federal, State, or other grants or gifts from any sources that may
be available for this project; or take any other action relative thereto.
This
is the next step in the ongoing process of getting the much-discussed well
located on the Nashua Road site into actuality. Under the terms of our DEP
permit, we must proceed without delay. The cost of this borrowing will be borne
by the Enterprise Fund, not the tax rate.
Recommended by Finance Committee.
Motion
made by Lewis Lunn, Board of Public Works Member and seconded.
I
move that the Town vote to borrow the sum of $250,000 for engineering/design
services relative to a new water well located on Nashua Road, as well as any
costs incidental and related thereto, and that the Treasurer, with the approval
of the Board of Selectmen be authorized to borrow said sum, under and pursuant
to MGL Chapter 44, or any other enabling authority, and to issue bonds or notes
of the Town therefore; and, further, that the Board of Public Works, with the
approval of the Board of Selectmen, be authorized to apply for, accept, and
expend any Federal, State, or other grants or gifts from any sources that may
be available for this project.
2/3
vote required
Voice
vote – Unanimous MOTION CARRIED
(Adjourned
Session May 18, 2009)
ARTICLE
18
By:
Board of Public Works
SEWER DESIGN COSTS
To see if the Town will vote to borrow the sum of
$150,000 for engineering/design of extended sewer lines in Brookline Street and
the Indian Village area, as well as any costs incidental and related thereto,
and that the Treasurer, with the approval of the Board of Selectmen be
authorized to borrow said sum, under and pursuant to MGL Chapter 44, or any
other enabling authority, and to issue bonds or notes of the Town therefore;
and, further, that the Board of Public Works, with the approval of the Board of
Selectmen, be authorized to apply for, accept, and expend any Federal, State,
or other grants or gifts from any sources that may be available for this
project; and, further, that, under the provisions of MGL Chapter 83, ss 15 and
18, the full cost of said services be allocated, based on a fixed uniform rate
(or uniform unit method), and those amounts be assessed against and collected
from the abutters; or take any other action relative thereto.
This is another element in the DPW’s ongoing
effort to finish up with small, “donut hole” pieces of the sewer system that
have been long-planned, but never implemented. Costs of this borrowing will be
borne by the Enterprise Fund, not the tax rate.
Recommended by Finance Committee.
Motion
made by Lewis Lunn, Board of Public Works Member and seconded.
I move that the Town vote to borrow the sum of $150,000
for engineering/design of extended sewer lines in Brookline Street and the
Indian Village area, as well as any costs incidental and related thereto, and
that the Treasurer, with the approval of the Board of Selectmen be authorized
to borrow said sum, under and pursuant to MGL Chapter 44, or any other enabling
authority, and to issue bonds or notes of the Town therefore; and, further,
that the Board of Public Works, with the approval of the Board of Selectmen, be
authorized to apply for, accept, and expend any Federal, State, or other grants
or gifts from any sources that may be available for this project; and, further,
that, under the provisions of MGL Chapter 83, ss 15 and 18, the full cost of
said services be allocated, based on a fixed uniform rate (or uniform unit
method), and those amounts be assessed against and collected from the
abutters.
Robert Lee, Town Engineer, gave a report on the subject.
2/3 vote required
Voice vote – Unanimous MOTION CARRIED
(Adjourned Session – May 18, 2009)
ARTICLE
19
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning Bylaw as
follows:
Revise Section 3400. ACCESSORY APARTMENTS as
follows:
Under Section 3420. Procedure. By deleting the
word “on” and replacing it with the word “by” after the word “allowed” and
before the words “special permit”.
Paragraph to now read:
3420. Procedure. Accessory apartments may be
allowed by special permit from the Board of Appeals…….
Explanation: This is a grammatical correction.
Under Section 3432. by deleting the word “proved”
and replacing it with the word “provide” before “an affidavit”.
Paragraph
to now read:
3432. One of the two dwelling units shall be occupied by the owner
of the property, except for bona fide temporary absence(s). At the hearing on
the application for the special permit, the applicant shall provide an
affidavit ……
Explanation: This is a spelling correction.
Under Section 3433. by adding the word “gross”
before the word “floor”.
Paragraph to now read:
3433. Not more than one accessory apartment may be established on a
lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor
space….
Explanation: No specification as to net or gross
floor space was ever put into this section of the bylaw. There needed to be
clarification for the size restriction and the addition now specifies the size
requirement.
Or
take any other action relative thereto.
Motion
made by Nick Cate, Planning Board, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 19 of
the Warrant for this Annual Town Meeting.
2/3
vote required.
Voice
Vote – Unanimous MOTION CARRIED
MAY 4, 2009 (Adjourned Session – May 18, 2009
ARTICLE
20
By:
Planning Board
ZONING AMENDMENT
To
see if the Town will vote to amend the Zoning By-law as follows:
Revise Section 4200. SPECIAL DIMENSIONAL
REGULATIONS as follows:
Under Section 4240. Residential Use in Commercial
or Industrial District. By adding at the end of the section “except for
dwelling units above the first floor as allowed in the Commercial District.”
Paragraph to now read:
4240.
Residential Use in Commercial
or Industrial District. A residential use hereafter located in a commercial or
industrial district shall conform to the dimensional requirements of the
nearest residential district except dwelling units above the first floor as
allowed in the Commercial District.
Or
take any other action relative thereto.
Explanation: Current zoning allows for dwelling
units on the 2nd floor in the commercial districts per the Table of
Use, it would be unrealistic to require these residential dwelling units to
comply with residential zoning setbacks when the commercial building has less
restrictive setbacks.
The Moderator read the report of the Planning
Board.
Motion
made by Nick Cate, Planning Board, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 20 of
the Warrant for this Annual Town Meeting.
2/3
vote required.
Voice
Vote – Unanimous MOTION CARRIED .
(ADJOURNED SESSION
MAY 12, 2009)
ARTICLE
21
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning By-law
as follows:
Revise Section 4400. ACCESSORY STRUCTURES, 4410.
Dimensional Requirements and Location as follows:
Under Section 4413. by deleting “100” square
feet and replacing it with “120” square feet.
Explanation: The correct dimension is 120 square
feet, as stated in Section 4412.
The Moderator read the report of the Planning
Board.
Motion made by Nick Cate, Planning Board, and
seconded.
I move that the Town vote to amend the Zoning
Bylaw as printed in Article 21 of the Warrant for this Annual Town Meeting.
2/3 Vote required.
Voice Vote – Unanimous MOTION CARRIED
ARTICLE 22
By:
Board of Selectmen
Acceptance of Layout:
Julia Lane
To see if the Town will vote to accept and maintain as a
public way the layout of Julia Lane as shown on a plan entitled “Street
Acceptance Plan, Lots 11-A to 19-A, Julia Lane, 17 Elliott Street,” prepared
for Robert M. Hicks, Inc., 124 Main St., Westford, MA 01886, by Meisner Brem
Corporation, dated 2/28/2008, and on file with the Town Clerk; or take any
other action relative thereto.
Motion made by Patrick J. McNabb, Selectman, and
seconded.
I move that the Town vote to take no action on Article
22.
Majority vote required.
Voice Vote – Unanimous NO ACTION TAKEN ON ARTICLE 22
ARTICLE
23
By: Planning Board
ZONING AMENDMENT
To
see if the Town will vote to amend the Zoning Bylaw as follows:
Revise Section 5200. LOADING AREAS, 5220. Layout
and Design of Loading Facilities as follows:
Add the following section:
5224. Loading facilities shall be designed and
located in areas exclusive of any customer/client parking facilities. Parking
facilities designated for employee only parking may be allowed in the same
general area as the loading facilities if deemed a safe location by the
Planning Board.
Or
take any other action relative thereto
Explanation: This is an additional requirement
for the loading facilities prompted by a previous Special Permit which had
several redesigns of the site. The main purpose of this additional requirement
is to ensure traffic safety for all commercial and industrial buildings.
Motion
made by Nick Cate, Planning Board, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 23 of
the Warrant for this Annual Town Meeting.
2/3
Vote required.
Voice
Vote – Unanimous MOTION CARRIED
ARTICLE 24
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning Bylaw as
follows:
Revise Section 6100. SOIL REMOVAL as follows:
Under Section:
6120. Procedures. By deleting “Highway Surveyor”
and replacing it with “Town Engineer”.
Explanation: This is a change due to the current
structure of the Town’s government officials.
Under Section:
6160. Municipal Exemption. by deleting “Highway
Surveyor” and replacing it with “Town Engineer”.
Explanation: Same as above.
Or
take any other action relative thereto
The
Moderator read the report of the Planning Board.
Motion made by Nick Cate,
Planning Board, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 24 of
the Warrant for this Annual Town Meeting.
2/3
Vote required.
Voice
Vote – Unanimous MOTION CARRIED
ARTICLE
25
By:
Planning Board
ZONING AMENDMENT
To
see if the Town will vote to amend the Zoning By-law as follows:
Revise Section 6200. COMMON DRIVES as follows:
Under Section 6210. General. By inserting “to
serve as common access to a maximum of five (5) house lots” after “common
drive.”
Paragraph to now read:
6210. General. A common drive to serve as common
access to a maximum of five (5) house lots may be allowed upon the grant of a
special permit by the Planning Board in all districts….
Explanation: This is to clarify in the bylaw
wording the limitation –which is currently in the definition but should be
re-stated in the bylaw section as well.
Under Section:
6250.
Name
Delete the following:
6250. Name The common drive may be named, but the name must
be approved by the Planning Board either at the time of submission of the
special permit application or when a petition for name and street numbering is
submitted to the Board of Assessors.
And replace with:
6250. Name and Address. The common driveway shall be named as
approved by the Planning Board in conjunction with the Board of Assessors. All
house lots shall be addressed using the approved common driveway name and house
numbering as directed by the Board of Assessors.
Explanation: This change is to address past
problems, especially response of emergency services, on private common
driveways and will insure that all new common drives will be named and numbered
as specified by the town.
Or
take any other action relative thereto
The
Moderator read the report of the Planning Board.
Motion
made by Nick Cate, Planning Board, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 25 of
the Warrant for this Annual Town Meeting.
2/3
Vote required.
Voice
Vote – Unanimous MOTION CARRIED
ARTICLE
26
By:
Department of Public Works
Chapter 90 Funding
To see if the Town will vote to raise and appropriate or
appropriate from available funds the sum of $312,992 for resurfacing and
related expenses on eligible roads, said funds having been approved for 100%
reimbursement by the Commonwealth under the provisions of Section 34(2)(a) of
MGL Ch. 90, said appropriation to be under the control of the Highway
Superintendent; or take any other action relative thereto.
This is an annual article, authorizing and
accepting State funds for repair of qualifying roads within the Town. There is
no net cost to the Town.
Recommended by Finance Committee.
Motion
made by Frederick E. Farmer, Board of Public Works, and seconded.
I move that the Town vote to
appropriate from available funds the sum of $312,992 for resurfacing and
related expenses on eligible roads, said funds having been approved for 100%
reimbursement by the Commonwealth under the provisions of Section 34(2)(a) of
MGL Ch. 90, said appropriation to be under the control of the Highway Superintendent.
Majority vote required.
Voice Vote – Unanimous MOTION
CARRIED
ARTICLE
27
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning Bylaw as
follows:
Revise Section 7300. MULTIFAMILY RESIDENTIAL
DEVELOPMENT as follows:
Under Section 7320. Design Requirements:
Delete the following:
7326. No multifamily development containing eight
(8) or more apartment units shall have more than twenty percent (20%) of the
total number of apartments with three (3) or more bedrooms.
And replace with:
7326. Except for detached single family dwelling
units, no multifamily residential development containing eight (8) or more
dwelling units shall have more than twenty percent (20%) of the total number of
dwelling units with three (3) or more bedrooms.
Explanation: this change is to clarify that only
apartment buildings have a restriction for 3 bedroom units. Single family homes
cannot be regulated as to number of bedrooms.
Add the following subsection:
7329. All multifamily developments shall require
signage in accordance with Section 5300 to be located at all entrances to the
multifamily development and in the case of apartment buildings, each building
shall be designated by street numbering as determined by the Board of
Assessors, and each unit number shall be clearly marked with numerals or
letters of no less than six (6) inches in height and be of a clearly visible
color. In the case of multifamily developments containing single-family
detached dwelling units a permanent marker of engraved granite not greater than
six (6) square feet in area shall be placed at the end of the driveway entrance
to the multifamily development where it meets the public way and shall contain
the diagram of the addresses of the properties as designated by the Board of
Assessors. A similar, but smaller, marker shall be placed where the driveway
meets the individual dwelling driveway and at any location where the driveway
may split to access more than one dwelling. All driveways and parking areas for
the designed multifamily development shall be paved to a total thickness of
three (3) inches with two courses of bituminous concrete.
Explanation: This change helps to specify
requirements for addressing and marking of multi-family developments for public
safety response.
Add the following Section:
7335. Affordable Housing. All multifamily developments which will result in
the creation of six (6) or more detached single family dwelling units on the
site designated as the multifamily development shall require at least 10% of
the units, and in no case, less than one unit, be priced for qualified
affordable housing purchase as defined by the Commonwealth of Massachusetts.
Explanation: Adding an affordable housing
component for these types of developments when they create single family units
helps the town comply with its recommendations in the Affordable Housing Plan
to increase availability of affordable housing in the town.
Or
take any other action relative thereto.
The
Moderator read the report of the Planning Board.
Motion
made by Nick Cate, Planning Board, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 27 of
the Warrant for this Annual Town Meeting.
2/3
Vote required.
Voice
Vote – Unanimous MOTION CARRIED
(Adjourned Session – May 18, 2009)
ARTICLE
28
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning By-law
as follows:
Revise Section 8400. SEWER ZONING DISTRICT as
follows:
Delete the Section in its entirety and replace
with the following:
8400. SEWER DISTRICT
8410. Purpose. The purpose of this section is to define that
portion of the Town of Pepperell in which sewer service is provided or may be
planned to be provided, and to regulate sewer connections and use within the
Sewer District area.
8420. Location. The Sewer District shall consist of that area of
land shown within the delineated area appearing on the Town of Pepperell Zoning
Map and is additionally described and defined in a written addendum to the
Official Zoning Map.
8430. Applicability. The Sewer District shall be construed as an
overlay district, and all elements of the underlying zoning shall remain in
full force and effect.
8440. Regulation. All habitable structures, whether residential or
commercial, constructed after the effective date of this section, lying within
the Sewer District and having legal access to the sewers of the Town of
Pepperell, shall connect to the municipal sewer system by a sufficient drain,
prior to any use or occupancy thereof. All single family residences existing at
the effective date of this section shall be allowed access to the municipal
sewer system. Any single family residence existing at the effective date of
this section which is outside the Sewer District but directly abutting a parcel
within the Sewer District may be allowed access to the municipal sewer system
through proof of demonstrated hardship circumstances and by the permission of
the Board of Public Works. No other properties outside the Sewer District shall
be allowed access to the municipal sewer system.
8450. Authority. The Board of Public Works shall
be the enforcement authority of the Sewer District. All connections to the
municipal sewer system shall be directed as defined by the Sewer Division of
the Department of Public Works.
Or
take any other action relative thereto.
The
referenced “written addendum” is on file in the Office of the Town Clerk and
the Office of the Town Administrator.
Explanation: This change in the bylaw is to more
precisely word the bylaw so that it is consistent with other bylaws describing
an overlay district. The original purpose and intent of this bylaw has not
changed nor has the area of the Sewer District changed.
The Moderator read the report of the Planning
Board.
Motion
made by Nick Cate, Planning Board Member, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 28 of
the Warrant for this Annual Town Meeting.
2/3
Vote required.
Voice
Vote – Unanimous MOTION CARRIED
ARTICLE
29
By:
Planning Board
ZONING AMENDMENT
To see if the Town will vote to amend the Zoning By-law
as follows:
Revise APPENDIX A TABLE OF PRINCIPAL USES as follows:
D. COMMERCIAL USES
Delete:
RR TR RCR SR UR C I
|
Restaurant,
fast-food
|
N
|
N
|
N
|
N
|
N
|
PB
|
PB
|
Add:
|
Restaurant,
fast-food
|
N
|
N
|
N
|
N
|
N
|
Y
|
PB
|
Explanation: Will allow by right for fast-food
restaurants in the commercial district such as sub shops, pizza shops without
requiring a special permit. This will not allow drive-thrus.
Delete:
RR TR RCR SR UR C I
|
Indoor
facility for the rental of equipment or goods
|
N
|
N
|
N
|
N
|
N
|
Y
|
N
|
Add:
|
Indoor
facility for the rental of equipment or goods
|
N
|
N
|
N
|
N
|
N
|
Y
|
PB
|
Explanation: This change will allow the Planning
Board to grant a special permit for this type of rental business in the
industrial district if all criteria are met.
Delete:
RR TR RCR SR UR C I
|
Nonprofit
club or lodge
|
BOS
|
BOS
|
Y
|
BOS
|
BOS
|
Y
|
N
|
Add:
|
Nonprofit
club or lodge
|
BOS
|
BOS
|
BOS
|
BOS
|
BOS
|
Y
|
PB
|
Explanation: This change makes the type of use
consistent in all of the residential zones requiring a permit from the Board of
Selectmen.
E. RECREATIONAL USES
Delete:
RR TR RCR SR UR C I
|
Retail
operations on premises of recreational use set forth herein
|
N
|
N
|
PB
|
N
|
N
|
Y
|
N
|
Add:
|
Retail
operations on premises of recreational use set forth herein
|
N
|
N
|
PB
|
N
|
N
|
Y
|
PB
|
Explanation: This would allow for the Planning
Board to grant a special permit for this use, for example a batting cage that
wanted to sell baseball equipment.
F.
INDUSTRIAL USES
Delete:
RR TR RCR SR UR C I
|
Earth
removal
|
N
|
N
|
N
|
N
|
N
|
N
|
BOS
|
Add:
|
Earth
& Soil removal
|
N
|
N
|
N
|
N
|
N
|
N
|
BOS
|
Explanation:
The bylaw section regulating this is called Soil Removal and by adding the soil
in the description here it will be more consistent with the controlling
section.
Or take any other action relative thereto.
The Moderator read the report of the Planning Board.
Motion
made by Nick Cate, Planning Board Member, and seconded.
I
move that the Town vote to amend the Zoning Bylaw as printed in Article 29 of
the Warrant for this Annual Town Meeting.
2/3 Vote required.
Voice Vote – Unanimous MOTION CARRIED
Motion made to dissolve the Annual Town meeting and
seconded.
Voice Vote – Unanimous ANNUAL TOWN MEETING DISSOLVED AT
11:17 P.M.
And you will serve this warrant by posting a true and
attested copy of same, in said Town, seven days prior to the time of said
meeting. Hereof fail not and make due return of your doings herein to the Town
Clerk on or before the time appointed for said meeting. Given under our hands
this 17th day of April, A.D. 2009.
Lyndon
B. Johnson, Chairman
Joseph
A. Sergi, Clerk
Patrick
J. McNabb
PEPPERELL
BOARD OF SELECTMEN
Robert
C. Russell
CONSTABLE
OF PEPPERELL
TRUE
COPY ATTEST:
LOIS
A. LIBBY
PEPPERELL
TOWN CLERK
COMMONWEALTH OF
MASSACHUSETTS
Middlesex, ss:
To either of the constables of the Town of Pepperell,
in said county,
GREETINGS:
In the name of the Commonwealth aforesaid, you are
hereby required to notify and warn the inhabitants of said Town qualified
according to law to vote in state, county, district and town affairs to
assemble at the NISSITISSIT MIDDLE SCHOOL, in said Town, on Monday, the 4th
of May, A.D. 2009 at 8:00 PM to act on the following articles:
The Special Town Meeting was called to order at
8:15 P.M. by the Moderator, Scott N. Blackburn and the Warrant was read by the
Town Clerk, Lois A. Libby.
The turnout for the Annual Town Meeting was so
large that the voters had to go into cell phones.
There were so many
voters attending the meeting, that other rooms had to made available in the
school. The Moderator expressed that he would do his best to conduct this
meeting. There were televisions and speakers in the rooms and a counter would
available to count votes. Walkie-talkies and cell phones were used for
communication.
It
was brought to the attention of the Moderators attention that it was not fair
if the voters in the cafeteria and music rooms would not get a chance to speak.
Moderator
explained that voters in the auditorium would ask question first, then go into
each of the other rooms and let those speak or ask question. The votes would
be done the same way.
Article 1 was voted on, but Article 2 was not
continued due to the confusion of vote results and unable to communicate.
Dr. Marshall said that she would have the North
Middlesex Regional High School Gymnasium available to us to continue the
Special and Annual Annual Town Meeting.
A motion was made and seconded to adjourn to the
North Middlesex Regional High School on Tuesday, May 5th.
SPECIAL
TOWN MEETING
May 4, 2009
ARTICLE
1
By:
Board of Public Works
FY 2009 SNOW REMOVAL COSTS
To see if the Town will vote to appropriate from
available funds the sum of $70,000 to pay outstanding costs arising from FY
2009 snow and ice removal operations, said appropriation to be under the
control of the Highway Superintendent; or take any other action relative
thereto.
It was tough winter, and the time has come to pay
the piper for the unforeseen costs.
Recommended by Finance Committee.
Motion made by Gregory Rice, Board of Public Works
Member, and seconded.
I move that the Town vote to
appropriate from Free Cash the sum of $70,000
to pay outstanding costs arising from FY 2009 snow and ice removal operations,
said appropriation to be under the control of the Highway Superintendent.
Majority vote required.
Voice Vote – Unanimous MOTION CARRIED
(Adjourned
Session May 5, 2009)
ARTICLE
2
By:
Board of Public Works
DEBT SERVICE PAYMENT
To see if the Town will vote to appropriate $39,475
from the Special Revenue Fund, Sale of Town Buildings, to be applied against
the FY 2009 debt service cost for improvements to the Belmont Springs building;
or take any other action relative thereto.
This article follows up on the action of Town
Meeting, in directing the use of the proceeds from the Canal Street property to
defray the costs of the renovations.
Recommended by Finance Committee.
Motion made by Lewis Lunn, Board of Public Works
Member, and seconded.
I move that the Town vote to
appropriate $39,475 from the Special Revenue Fund, Sale of Town Buildings, to
be applied against the FY 2009 debt service cost for improvements to the
Belmont Springs building.
Ned Richardson, Town Council, gave an
explanation. We would be borrowing from the Enterprise Proceeds from the sale
of the town building on Canal St. to pay the debt service. This would be the
first installment to the debt service. All that is required to do this would
have this article voted on at town meeting.
There was a lengthy discussion on this Article,
asking why we could not use the sale of town buildings to help pay for the
override or to take this from Free Cash.
The Finance Committee noted that this Special
Revenue Fund per Massachusetts General Law, Chapter 44, Sec. 63 can only be
used on a debt service.
There was lengthy discussion on this article asking
why these funds could no be given to the town to defray the cost of the
override.
Motion made by John Veysey
I move we amend the main motion by deleting the
use of sale of town buildings to fund FY2009 Debt Service and substitute
$39,475 from Water Enterprise Fund, Free Cash, in its place and seconded.
The discussion was lengthy and there was confusion
with the voters being in different rooms and there was concern about how the
town meeting was being run.
Motion made by David Priddle
I move that we take no action on the amendment to
motion at this time.
Dr. Marshal said the North Middlesex Regional High
School would be available Tuesday, May 5th to continue this meeting.
Motion made by Jean Theall and seconded.
I move we reconvene May 4th Special Town Meeting
and Annual Town Meeting to Tuesday, May 5, 2009 at 7:30 at the North Middlesex
Regional School gymnasium and to take no action on this article until that
time.
Standing vote YES 359 No 161 MOTION
CARRIED
JUNE 5, 2009 Adjourned Session Special Town
Meeting.
The meeting was called to order by the Moderator,
at 7:30 PM at the North Middlesex Regional School. The Pledge of Allegiance
was said.
Checkers for the evening were: Emilie Presnall,
Jane Eshleman, Patricia Sergi, Barbara
Smith, Jerrilyn Bozicas, Linda
Hadley, Joe Eshleman, Leeann Phoenix, Deborah Bezanson, Janet Cramb, and Cheryl
Lutza and Janice Shattuck.
Counters were: Arnie Silva, Michael Hartnett,
Derek Tenbroek
Scott Blackburn, the Moderator, explained
parliamentary procedure to clarify how town meetings are run when motions are
made and debate is held on the articles.
Scott encouraged anyone with questions about an
article being acted upon, to ask and it will be explained. .
The Moderator introduced Mark Boyajian to announce
the film that was made in Pepperell in 2007 on the Keys conservation property.
The name of the film was Bridge Crusader, and Mark was asked by the producer to
thank all those involved with their help, when making the film. The public is
invited to a free showing on Friday, June 5th at 7:00 PM at the
Nissitissit School.
The Moderator thanked Dr. Marshall for the use of
the school in such short notice, to continue our Special Town Meeting and
Annual Town Meeting.
ARTICLE 2 CONTINUED
Motion made by David Priddle and seconded.
I move to withdraw my motion.
Voice vote –Unanimous CARRIED
Motion made by John Veysey and seconded.
I move to withdraw my proposed amendment to the
motion.
Voice Vote - Unanimous.
Motion made by Lewis Lunn and seconded.
I move to take no action on this article.
There was much confusion on this article and we
should deal with this in the fall.
Voice vote – Unanimous voted in favor. NO ACTION
TAKEN
ARTICLE 3
By:
Board of Selectmen
PERSONNEL BY-LAW AMENDMENT
To
see if the Town will vote to amend the Personnel By-Law by adding, at the end
of ARTICLE V (“Employee Benefits”), the following new Section 30:
30 EXCEPTIONS
Not
withstanding any contrary provision of this By-law:
·
At
any Annual Town Meeting, the Finance Committee, with the approval of the Board
of Selectmen, may make budget recommendations for the succeeding Fiscal Year
that include suspension of step increases and/or longevity payments with regard
to all personnel not otherwise covered by contract;
·
At
any point in any Fiscal Year, the Board of Selectmen may, upon declaration of a
financial emergency, direct forfeiture of payment for step increases and/or
longevity not already implemented or expended, with regard to all personnel not
otherwise covered by contract.
Or
take any other action relative thereto.
This amendment creates a management tool for
dealing with budget crises in future years.
Recommended by Finance Committee.
made
by Joseph Hallisey, Selectman, and seconded.
I
move that the Town vote to amend the Personnel By-Law by
adding, at the end of ARTICLE V (“Employee Benefits”), a
new Section 30 as printed in Article 3 of the Warrant for this
Special Town Meeting.
This
would affect approximately 53 employees.
Motion
made by John Croteau to amend the motion and seconded.
I move
to exclude “At any point in any Fiscal Year, the Board of Selectmen may, upon
declaration of a financial emergency, direct forfeiture of payment for step
increases and/or longevity not already implemented or expended, with regard to
all personnel not otherwise covered by contract.”
There
was discussion on the amendment and a motion made to move the question.
Voice
Vote- Majority voted to move the question. QUESTION MOVED
Voice
vote on the amendment to the motion –Majority voted against the motion. AMENDMENT
TO THE MOTION DID NOT CARRY
Voice vote on the main motion. Majority voted in
favor. MOTION CARRIED
ARTICLE
4
By:
Board of Public Works
TRANSFER OF FUNDS
To see if the Town will vote to amend the Sewer
Department budgets by transferring the sum of $8,000 from “Health Insurance” to
“Capital Outlay – Replacement Equipment;” or take any other action relative
thereto.
Recommended by Finance Committee.
MOTION:
Motion
made by Gregory Rice, Board of Public Works, and seconded.
I move that the Town vote to take no action on
Article 4.
Voice
vote – Unanimous VOTED TO TAKE NO ACTION
Motion
made to adjourn the Special Town Meeting and seconded.
Voice
vote - Unanimous
And
you will serve this warrant by posting a true and attested copy of same, in
said Town, fourteen days prior to the time of said meeting. Hereof fail not
and make due return of your doings herein to the Town Clerk on or before the
time appointed for said meeting. Given under our hands this 17th
day of April, A.D. 2009.
Lyndon
B. Johnson, Chairman
Joseph
A. Sergi, Clerk
Patrick
J. McNabb
PEPPERELL
BOARD OF SELECTMEN
Robert
C. Russell
CONSTABLE
OF PEPPERELL
TRUE COPY ATTEST:
LOIS A. LIBBY
PEPPERELL TOWN CLERK
SPECIAL TOWN ELECTION
JUNE 29, 2009
RESULTS
SPECIAL TOWN ELECTION
PEPPERELL, MASSACHUSETTS
VARNUM BROOK SCHOOL GYMNASIUM
JUNE 29, 2009
PRECINCTS 1, 2, & 3
QUESTION NO. 1
Shall the Town of
Pepperell be allowed to assess an additional $646,797 in real estate and
personal property taxes for the purpose of funding the Town Departments shown
below in the amounts indicated for the fiscal year beginning July first, two
thousand and nine?
●
Council on Aging/Senior Center $172,640
●
Lawrence Library 436,539
●
Community Center 37,618
PREC.
1 PREC. 2 PREC. 3 TOTALS
________________________________________________________________________
YES 688 849 685 2222
________________________________________________________________________
NO 291 284 293
868
________________________________________________________________________
TOTALS 979
1133 978 3090
________________________________________________________________________
Explanation:
A “yes” vote means that
the subject departments will be funded to conduct their usual and accustomed
operations for the upcoming fiscal year.
A “no” vote means that
the subject departments and their respective buildings will be
closed, and that none of
their usual and accustomed operations will be conducted in the upcoming fiscal
year.
TOTAL REGISTERED VOTERS
7973 TOTAL VOTED 3090
PREC. 1 2754 PREC.
1 979
PREC. 2 2622 PREC.
2 1133
PREC. 3 2597 PREC.
3 978
PERCENTAGE
39%
COUNTING COMPETED AT 8:30
PM
TRUE COPY ATTEST:
LOIS A. LIBBY
PEPPERELL TOWN CLERK
COMMONWEALTH
OF MASSACHUSETTS
Middlesex, ss:
To either of the constables of the Town of Pepperell,
in said county,
GREETINGS:
In the name of the Commonwealth aforesaid, you are
hereby required to notify and warn the inhabitants of said Town qualified
according to law to vote in state, county, district and town affairs to
assemble at the NISSITISSIT MIDDLE SCHOOL, in said Town, on Monday, the 26th
of October, A.D. 2009 at 7:30 PM to act on the following articles:
Meeting was called to order by Scott N. Blackburn at 7:35
PM and the opening of the warrant was read. A quorum was present. The Pledge of
Allegiance was said.
SPECIAL TOWN MEETING
October 26, 2009
ARTICLE
1
By:
Treasurer-Collector
ACCEPTANCE OF PROPERTY
To see if the Town will vote to accept a deed to
the Town of Pepperell of a parcel of land at 189 Brookline Street, containing
approximately 1.8 acres, shown on Assessors’ Map 3 as Parcel 44, which is
subject to a tax taking held by the Treasurer for unpaid 1996 taxes from
Kimberly Murphy and any other owner thereof in lieu of foreclosure, in compliance
with MGL Chapter 60, s. 77C; or take any other action relative thereto.
This article will allow the Town of Pepperell to
avoid a costly land court foreclosure procedure by accepting this parcel from
the owners, in lieu of foreclosure.
Recommended by Finance Committee.
Motion made by Michael Hartnett,
Treasurer/Collector, and seconded.
I move that the Town accept the deed to the Town
of Pepperell of a parcel of land at 189 Brookline Street, containing
approximately 1.8 acres, shown as Assessors Map 3, Parcel 44 in lieu of
foreclosure of the tax taking for unpaid 1996 taxes pursuant to MGL Chapter 60,
Section 77C.
Majority vote required.
Voice vote – Unanimous voted in favor. MOTION
CARRIED
ARTICLE 2
By: Board of Fire
Engineers
BY-LAW ADOPTION – Open Burning
To
see if the Town will vote to adopt the following new by-Law:
OPEN BURNING
Section 1: No person shall set, maintain,
or increase a fire in the open air at any time, except by permit legally issued
by the Pepperell Fire Department.
Section 2: Any person acting in violation
of Section 1, including any violation of any condition or restriction contained
within a permit lawfully issued under said section, may be penalized by a fine
of $50 for the first violation, $100 for the second violation, and $150 for the
third and subsequent violations in any calendar year; such penalties shall be
imposed as provided under the Town’s Non-criminal Disposition By-law.
and, further, to amend the Non-criminal Disposition By-law, by adding, at the end
of the list of violation categories therein, the following new category:
Open Burning
Violation Fire Chief or designee $50 first offense
$100
second offense
$150
3rd+ offense
or
take any other action relative thereto.
This article allows the Town to assign financial
penalties for those who violate the Open Burning Bylaw. Recommended by Finance
Committee.
I move that the Town vote to adopt the Open
Burning Bylaw as printed in the Official Warrant of this Special Town Meeting.
Voters
said that there needed to be clarity in Section 1.
Motion
made by Toby Tyler, Fire Chief, to amend the motion and seconded.
I
move that Section 1 be amended to read “ No person shall burn, trash, brush or
other debris in the open air at any time, except by permit legally issued by
the Pepperell Fire Department.”
Voice
vote – Inconclusive
Standing
vote - YES 80 NO 37 AMENDMENT CARRIED
Voice
vote on the amended motion - Inconclusive
Standing
vote – YES 75 NO 45 AMENDED MOTION CARRIED
ARTICLE 3
By: Board of Health
SUPPLEMENTAL APPROPRIATION
To see if the Town will vote to raise and
appropriate or appropriate from available funds the sum of $8,256 to provide
for 20 hours per week secretarial coverage for the Board of Health for the
balance of FY 2010, or take any other action relative thereto.
This article allows the Board of Health to
increase the hours of their secretary from 15 hours to 20 hours per week.
Recommended by Finance Committee.
Motion made by Al Buckley, Board of Health, and
seconded.
I move that Town vote to appropriate from Free
Cash the sum of $4,894 to provide for 15 hours per week secretarial coverage
for the Board of Health for the balance of FY 2010.
Voice
vote – Majority voted against. MOTION DID NOT CARRY
ARTICLE 4
By: Veterans’ Agent
SUPPLEMENTAL APPROPRIATION
To see if the Town will vote to raise and
appropriate or appropriate from available funds the sum of $22,000 for the
purpose of paying Veterans’ benefits for the balance of FY 2010; or take any
other action relative thereto.
This article provides necessary additional funding
for the Veterans’ Service Officer in order to meet Federal and State legal
requirements. The Town receives up to 75% reimbursement for veterans’
benefits. Recommended by Finance Committee.
Motion made by Patrick J. McNabb, Selectman, and
seconded.
I move that the Town vote to appropriate from Free
Cash the sum of $22,000 for the purpose of paying Veterans’ benefits for the
balance of FY 2010.
Joseph
Mazzola, Veterans Agent, explained that the Town is required to pay these
benefits, and if not, the state would get money from the town at the end of the
year and there would no 75% reimbursement.
Majority
vote required.
Voice
vote – Unanimous MOTION CARRIED
ARTICLE 5
By: Board of Public Works
ACCEPTANCE OF EASEMENTS
To see if the Town will vote to accept temporary
easements, required by the State in conjunction with the Mill Street Bridge
Rehabilitation project, on the following Mill Street properties - executed full
copies of said easements being on file in the office of the DPW Director/Town
Engineer:
OWNER TITLE
REFERENCE
- Sarah MacLellan and
Margaret Berube Book 14188, Page 501
- David M. and Marcia L.
Newell Book 14706, page 485
- Richard L. Byron
Book 51575, Page 464
- Peter
A. and Nan T. Quinn Book 14744, Page
301;
or take any other action relative thereto.
The Mill Street Bridge Replacement Project (over
the Nissitissit River) is being completely paid for by Mass Highway. The Town’s
only responsibility is to obtain the necessary easements for the new structure.
Although the new bridge is basically on the same “footprint” as the existing
one, features such as guard rails, drain outfalls, relocated utilities, and
side slopes extend slightly beyond those of the current structure and require easements.
Each of those abutters listed above have already signed easement agreements so
all that remains is for the Town to “accept” them, after which the project will
be advertised for construction.
Recommended by Finance Committee.
Motion made by Gregory Rice, Board of Public
Works, and seconded.
I
move that the Town vote to accept temporary easements, required by the State in
conjunction with the Mill Street Bridge Rehabilitation project, on the
following Mill Street properties - executed full copies of said easements being
on file in the office of the DPW Director/Town Engineer:
OWNER TITLE
REFERENCE
- Sarah MacLellan and
Margaret Berube Book 14188, Page 501
- David M. and Marcia L.
Newell Book 14706, page 485
- Richard L. Byron
Book 51575, Page 464
- Peter
A. and Nan T. Quinn Book 14744, Page
301;
2/3
Vote required
Voice
vote – Unanimous MOTION CARRIED
ARTICLE 6
By: Board of Selectmen
PRIOR YEAR BILLS – ELECTRIC CHARGES
To see if the Town will vote to raise and
appropriate or appropriate from available funds the sum of $260.22 to pay
unanticipated electrical administrative charges for various departments for FY
2009; or take any other action relative thereto.
This article allows the Town to pay unanticipated
electrical administrative charges. Recommended by Finance Committee.
Motion made by Joseph M. Hallisey, Selectman, and
seconded.
I move that the Town vote to appropriate from Free
Cash the sum of $112.35; from Sewer Enterprise Fund Free Cash the sum of
$35.63, and from Water Enterprise Free Cash the sum of $112.24 to pay
unanticipated electrical administrative charges for FY 2009.
9/10 vote required
Voice vote – unanimous MOTION CARRIED
ARTICLE 7
By: Board of Selectmen
RESCIND BUDGET APPROPRIATIONS REPLACED BY OVERRIDE FUNDS
To see if the Town will vote to rescind:
·
the $14,387 budget
appropriation made for the Council on Aging under Part V (“Human Services”) of
the 2009 ATM;
·
the $36,378 budget
appropriation made for the Lawrence Library under Part VI (“Culture &
Recreation”) of the 2009 ATM; and
·
the $5,000 budget
appropriation made for the Community Center under Part VI (“Culture &
Recreation”) of the 2009 ATM;
or take any other action relative thereto.
This article seeks to place the 1/12 funding voted
at the Spring Town Meeting for the Council on Aging, Library and Community
Center, back into the General Fund, since the over-ride to fund these
departments was passed. Recommended by Finance Committee.
Motion made by Joseph A.
Sergi, Selectman, and seconded.
I move that the Town vote to rescind:
·
the $14,387 budget
appropriation made for the Council on Aging under Part V (“Human Services”) of
the 2009 ATM;
·
the $36,378 budget
appropriation made for the Lawrence Library under Part VI (“Culture &
Recreation”) of the 2009 ATM; and
·
the $5,000 budget
appropriation made for the Community Center under Part VI (“Culture &
Recreation”) of the 2009 ATM;
Majority
vote required.
Voice
vote – Unanimous MOTION CARRIED
ARTICLE 8
By: Chief of Police
TRANSFER OF FUNDS – POLICE DEPARTMENT
To see if the Town will vote to transfer the sum
of $2,613.60 from “Wages Hourly” to “Educational Incentive;” or take any other
action relative thereto.
This is to meet a contractual obligation for a
patrol officer with an Associates’ Degree. Recommended by Finance Committee.
Motion made by Patrick J. McNabb, Selectman, and
seconded.
I
move that the Town vote to transfer the sum of $2,613.60 from Police Department
“Wages Hourly” to Police Department “Educational Incentive.”
Majority
vote required.
Voice
vote – Unanimous MOTION CARRIED
ARTICLE 9
By: Board of Selectmen
STREET ACCEPTANCE – VILLAGE ROAD AND POND CIRCLE
To see if the Town will vote to accept and
maintain as public ways the layouts of Village Road and Pond Circle as shown on
a plan entitled “Street Acceptance Plan, Village Road & Pond Circle”
prepared for Albert Patenaude & Louis Berube, Pepperell, MA by Cornerstone
Land Consultants, Inc., dated September 11, 2009, and on file with the Town
Clerk; or take any other action relative thereto.
Village Road and Pond Circle have been designed
and constructed in accordance with the Town’s subdivision standards, confirmed
by inspections done by the Town Engineer and Highway Superintendent, both of
whom recommend acceptance.
Motion made by Joseph M. Hallisey, Selectman, and
seconded.
I move that the Town vote to accept and maintain
as public ways the layouts of Village Road and Pond Circle as shown on a plan
entitled “Street Acceptance Plan, Village Road & Pond Circle” prepared for
Albert Patenaude & Louis Berube, Pepperell, MA by Cornerstone Land
Consultants, Inc., dated September 11, 2009, and on file with the Town Clerk.
Majority vote required.
Voice vote – Unanimous MOTION CARRIED
ARTICLE 10
By: Town Clerk
SUPPLEMENTAL APPROPRIATION – ELECTIONS
To see if the Town will vote to raise and
appropriate or appropriate from available funds the sum of $6,700, to conduct
the two additional elections required by the State in FY 2010; or take any
other action relative thereto.
This article seeks to fund Pepperell’s expenses
for the State mandated Senate election in January. Recommended by Finance
Committee.
Motion made by Lois A. Libby, Town Clerk, and
seconded.
I move that the Town vote to raise and appropriate
the sum of $6,700, to conduct the two additional elections required by the
State in FY 2010.
Majority vote required.
Voice vote – Unanimous MOTION CARRIED
ARTICLE 11
By: Board of Selectmen
SUPPLEMENTAL APPROPRIATION
To see if the Town will vote to raise and
appropriate or appropriate from available funds the sum of $28,363 to implement
a contractual agreement entered into between the Town and the Town Accountant;
or take any other action relative thereto.
This article will enable the Town to fund
contractual obligations between the Town Accountant and the Town of Pepperell,
and increases the annual salary for FY 2010 by $6,000. At the ATM, this salary
was reduced by $6,000. Finance Committee recommends $22,363.
Motion made by Joseph A.
Sergi, Selectman, and seconded.
I move that the Town vote to transfer the sum of
$21,131 from Part VIII Employee Benefits and Insurance Retirement Assessment
and to appropriate from Free Cash the sum of $7,232 to implement a contractual
agreement entered into between the Town and the Town Accountant.
Motion
made to amend the motion by Chris DeSimone and seconded.
I move that the Town vote to transfer the sum of
$21,131 from Part VIII Employee Benefits and Insurance Retirement Assessment
and to appropriate from Free Cash the sum of $1,232 to implement a contractual
agreement entered into between the Town and the Town Accountant.
Majority
vote required.
Voice
vote – Unanimous voted against AMENDMENT DID NOT CARRY
Voice
vote on the original motion – Majority voted in favor MOTION CARRIED
ARTICLE 12
By: Board of Assessors,
GIS Committee, Fire Department, Planning Board, Police Department
STREET NUMBERING BY-LAW
To see if the Town will vote to delete Article II
(“Street Numbering”) of Chapter 152 (“Streets and Sidewalks”) of the Code of
Pepperell, and to adopt the following new By-law:
STREET NUMBERING
Section I: Regulation
and Authority
- The Town of Pepperell, pursuant to the
authority of MGL, Ch. 40, s. 21 (10) and consistent with the requirements
of MGL Ch. 148, s. 59, requires that all dwellings, public buildings and
structures used a place of business or gathering shall be identified by
their assigned street numbers, as determined by the Board of Assessors.
- The Board of Assessors shall assign a number
or numbers to each parcel of land abutting an accepted public way, as defined
in MGL Ch.41, s. 81L. The Board shall be further authorized to direct the
correction of any street number or street address being displayed or used
without the approval of the Board of Assessors, or in contradiction of any
term of this By-law.
- Private Ways and Common Drives
The
Board of Assessors shall assign street numbers on a new private way or
so-called common drive, in accordance with the provisions of Section 6250 of
the Zoning By-law.
The
Board of Assessors shall also assign street numbers on any existing private way
or common drive, and direct compliance with same.
- Subdivisions
Any
applicant under the Subdivision Control Law (MGL Ch. 61, ss 81K – 81GG) shall
have the Board of Assessors assign street numbers to lots fronting on a
proposed way or street.
Section II: Specifications for Numbering
1.
Placement
The
primary location for placement of numbers shall be in a conspicuous place on
that portion of the building plainly visible from the street which abuts the
main entrance to the property. In a situation wherein a building or structure
is not plainly visible from such street, a number shall not only be placed on
the subject building, but a number shall also be displayed in a secure manner
at or near the street entrance to the subject premises, being placed at least
three (3) feet above the ground, on a suitable post or object situated not more
than twenty (20) feet from the edge of the travelled way. The use of trees or
other vegetation, mail boxes, or light poles as posts or supports is not acceptable.
Numbers shall be displayed on both sides of the supporting object, so as to be
visible from either direction of travel.
In the
case of buildings and dwellings situated on a private way or common drive, in
addition to numbers on the structures themselves, signage shall also be
provided, conformable to Section 6227 of the Zoning By-law. In Multifamily
Developments, signage shall also be provided, conformable to Section 7329 of
the Zoning By-law.
2.
Specifications for Numbers
Numbers
shall be not less than three (3) inches in height, and shall be of a
contrasting color to the surface on which they are attached. Brass numbers
mounted on a neutral or weathered surface are prohibited. Numbers shall be
prominently displayed on the building in such a manner as to be easily seen
from the street without difficulty. Street numbers spelled out in words, or
posted in script are not acceptable.
Section III: Compliance
Responsibilities
It
shall be the responsibility of each property owner to obtain their correct street
number from the Board of Assessor. Under no circumstances shall a street number
other than that which is properly assigned, be displayed.
It
shall be the responsibility of each owner and/or occupant to maintain proper
display of their assigned street number, in conformity with Section II-1.
New
structures must have their assigned number properly displayed prior to
occupancy of the premises.
Section IV: Enforcement
1.
Time of Implementation
Enforcement
of this By-law shall commence ninety (90) days from its approval by the
Attorney General, and its subsequent public advertisement.
2. Enforcing Authority
This
By-law may be enforced by the Fire Chief or his designee(s), the Police Chief
or his designee(s), or the Building Inspector. Enforcement of the directives of
the Board of Assessors, as provided in Section I-2, shall be provided by the
Building Inspector.
3. Procedure and Penalties
Upon
discovery of a violation of any provision of this By-law, written notice of the
violation shall be given to the violator. After thirty (30) days, if the
violation remains uncorrected, a ticket shall issue, inclusive of a $25 fine;
after a further thirty (30) days of non-correction of the violation, a second
ticket will issue inclusive of a $50 fine, which fine amount will carry forward
for all further citations.
All
citations for violations of this By-law shall be processed under the Town’s
Non-Criminal Disposition By-law.
And further, to amend the Town’s Non-Criminal Disposition By-law by adding, at
the end of the list of violations, the following new language:
Street Numbering By-law Fire
Chief or designee(s) 1st offense: warning
Building
Inspector 2nd offense: $25
Police
Chief or designee(s) 3rd+ offense: $50
or
take any other action relative thereto.
When responding to emergency calls, it can
sometimes it takes several minutes to find proper addresses. This article will
aid in the assignment and usage of appropriate street numbers. Recommended by
Finance Committee.
Motion made by Frank Quattrochi, Communications
Director, and seconded.
I move that the Town vote to accept the Street
Numbering Bylaw as printed in the Official Warrant of this Special Town
Meeting.
Majority vote required.
Voice vote – Unanimous MOTION CARRIED
ARTICLE 13
By: Finance Committee
BUDGET ADJUSTMENTS
To see if the Town will vote to make adjustment(s)
to any FY 2010 departmental budgets voted at the 2009 Annual Town Meeting; or
take any other actions relative thereto.
This article seeks to transfer funds from the
Nashoba Valley Technical High School Budget (savings were realized from a
recent reduced reassessment) into the Legal Account; to change the funding
sources for the Enterprise Funds from Estimated Revenue to available funding
sources, and to reduce the budget for Other Town Buildings by $5,000.
Recommended by Finance Committee.
Motion made by Chris DeSimone, Finance Committee,
and seconded.
I move that the Town vote to make the following
adjustments to the FY 2010 departmental budgets voted at the 2009 Annual Town
Meeting:
- Transfer the sum of $10,000 from Article 5
Nashoba Valley Technical High School Assessment to Article 3 Part 1 Legal
Account
- Reduce the appropriation of Article 3 Part X
Sewer Enterprise Fund Revenue by the sum of $126,550 and increase the
appropriation from Sewer Betterment Fund by $100,000 and appropriate
$26,550 from Sewer Enterprise Fund Free Cash
- Reduce the appropriation of Article 3 Park XI
Water Enterprise Fund Revenue by the sum of $46,249 and increase the appropriation
from Water Enterprise Fund Free Cash by the sum of $46,249
- Reduce the appropriation of Article 3 Part
XII Transfer Station Enterprise Revenue by the sum of $40,000 and increase
the appropriation from Transfer Station Free Cash by the sum of $40,000
- Reduce the appropriation under Article 3
Other Town Buildings by $5,000
Majority
vote required.
Voice
vote – Unanimous MOTION CARRIED
ARTICLE 14
By: Board of Selectmen
PETER FITZPATRICK SCHOOL COSTS
To see what sum of money the Town will vote to
raise and appropriate or appropriate from available funds for the purpose of
securing, maintaining, or “mothballing” the Peter Fitzpatrick school building
for the balance of FY 2010; or take any other action relative thereto.
No action will be taken on this article, as the
North Middlesex Regional School District will maintain control of the Peter
Fitzpatrick School.
Motion made by Patrick J. McNabb and seconded.
I
move that the Town vote to take no action on Article 14.
Voice
vote – Unanimous NO ACTION TAKEN
ARTICLE 15
By: Board of Public Works
SUPPLEMENTAL APPRIOPRIATION
To see if the Town will vote to raise and
appropriate or appropriate from available funds the sum of $16,695 to restore
twenty-four (24) hours of service time to the Highway budget; or take any other
action relative thereto.
Part of the reason for this supplemental
appropriation was to provide maintenance support for the Peter Fitzpatrick
School. No action will be taken on this article, as the North Middlesex
Regional School District will maintain control of the Peter Fitzpatrick School.
Motion made by Fred Farmer and seconded.
I move that the Town vote to take no action on
Article 15.
Voice vote – Unanimous NO ACTION TAKEN.
A motion was made to adjourn the Special Town
Meeting and seconded.
Voice vote – Unanimous Meeting adjourned at 9:57
PM.
Checkers for the night were Jane E. Eshleman,
Emily H. Presnall and Patricia Sergi.
Counters were Michael Hartnett and Derek
Tenbroeck.
And
you will serve this warrant by posting a true and attested copy of same, in said
Town, fourteen days prior to the time of said meeting. Hereof fail not and
make due return of your doings herein to the Town Clerk on or before the time
appointed for said meeting. Given under our hands this 9th day of
October, A.D. 2009.
Joseph
A. Sergi, Chairman
Patrick
J. McNabb, Clerk
Joseph
M. Hallisey
PEPPERELL
BOARD OF SELECTMEN
Robert
C. Russell
CONSTABLE
OF PEPPERELL
TRUE COPY ATTEST:
Lois A. Libby
Pepperell Town Clerk
SPECIAL STATE PRIMARY
DECEMBER 8, 2009
RESULTS
DEMOCRAT
PARTY
Vote for ONE
|
|
Prec. 1
|
Prec. 2
|
Prec. 3
|
Totals
|
|
SENATOR IN CONGRESS
|
|
|
|
|
|
Michael E. Capuano
|
57
|
87
|
42
|
186
|
|
Martha Coakley
|
150
|
171
|
179
|
500
|
|
Alan A. Khazel
|
26
|
45
|
41
|
112
|
|
Stephen G. Pagliuca
|
50
|
30
|
35
|
115
|
|
Write-ins
|
|
|
|
|
|
Scott P. Brown
|
|
|
1
|
1
|
|
Scattered
|
|
|
|
|
|
Blanks
|
|
|
|
|
|
TOTALS
|
238
|
333
|
298
|
914
|
REPUBLICAN
PARTY
Vote for ONE
|
|
Prec. 1
|
Prec. 2
|
Prec. 3
|
Totals
|
|
SENATOR IN CONGRESS
|
|
|
|
|
|
Scott P. Brown
|
123
|
137
|
128
|
388
|
|
Jack E. Robinson
|
6
|
17
|
18
|
41
|
|
Write-ins
|
|
|
|
|
|
Martha Coakley
|
|
|
2
|
2
|
|
Stephen G. Pagliuca
|
1
|
|
1
|
2
|
|
Capuano
|
1
|
|
|
1
|
|
Scattered
|
|
|
|
|
|
Blanks
|
|
|
|
|
|
TOTALS
|
131
|
154
|
149
|
434
|
LIBERTARIAN
PARTY
Vote for ONE
|
|
Prec. 1
|
Prec. 2
|
Prec. 3
|
Totals
|
|
SENATOR IN
CONGRESS
|
|
|
|
|
|
Write-ins
|
|
|
|
|
|
Scott Brown
|
|
|
1
|
1
|
|
Scattered
|
|
|
|
|
|
Blanks
|
|
|
|
|
|
TOTALS
|
|
|
1
|
1
|
TOTAL VOTES CAST: 1749
PREC. 1: 414
PREC. 2: 487
PREC. 3: 448
PERCENTAGE OF VOTERS:
22%
Counting was completed
at: 9:15 PM
TOTAL REGISTERED VOTERS:
8039
PREC. 1: 2777
PREC. 2: 2646
PREC. 3 2616
PREC. 1 639 DEMOCRATS,
487 REPUBLICAN, 1629 UNENROLLED, 14 LIBERTARIAN AND 8 OTHERS
PREC. 2 554 DEMOCRATS, 492
REPUBLICAN, 1583 UNENROLLED, 10 LIBERTARIAN AND 7 OTHERS
PREC. 3 592 DEMOCRATS,
465 REPUBLICAN, 1555 UNENROLLED, 4 LIBERTARIAN AND 0
OTHERS
TRUE COPY ATTEST:
LOIS A. LIBBY
PEPPERELL TOWN CLERK
TOWN ACCOUNTANT
