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TOWN OF ACUSHNET
WARRANT
SPECIAL TOWN MEETING
MONDAY, OCTOBER 24, 2011 AT 7:00 P.M.
THE
COMMONWEALTH
OF MASSACHUSETTS
Bristol,
SS
To the Constable of the Town of
Acushnet
Greetings:
In the name of the
Commonwealth of Massachusetts, you are hereby directed
to notify and warn the inhabitants of the Town of
Acushnet, who are qualified to vote in Elections and
Town Affairs, to meet at the Acushnet Ford Middle School
Auditorium in said Acushnet, Monday, the Twenty-Fourth
(24th) day of October, at 7:00 P.M. in the evening then
and there to act on the following articles viz:
ARTICLE 1.
To see if the Town will vote to transfer from the
Sewer Phase II Betterment Fund the sum of $75,000.00 for
the purpose of reimbursing the General Fund for debt
service expenditures previously incurred, or to take any
other action relative thereto.
(Submitted by Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 2.
To see if the Town will vote to raise and
appropriate or transfer from available funds the sum of
Twelve Thousand Three Hundred Sixty Eight Dollars to
implement wage increases for those employees covered by
the following Union Contract: Town Hall (AFSCME Local
851), and non-union employees retroactive to July 1,
2011, or to take any other action relative thereto.
($12,368.00)
Department Selectmen #0101122
Line item # 511300
(Salaries- Clerical) $3,384.00
Department
Town
Accountant #0101135
Line item # 511400 (Salaries- Billing Clerk)
$1,005.00
Department Assessors
#0101141
Line item # 511300
(Salaries-Clerical) $969.00
Department Police
#0102210
Line Item #511100 (Salaries Permanent) $2,010.00
Department Council on Aging 0105541
Line item #511000 (Salaries Director) $5,000.00
(Submitted by Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 3.
To see if the Town will vote to raise and appropriate or
transfer from available funds the sum of Twenty One
Thousand Three Hundred Sixty Five Dollars to fund the
cost items of a contract between the Town and the
Acushnet Permanent Fire Fighters Assoc. Local# 3281
Affiliated with the International Association of Fire
Fighters, for the period of July 1, 2009 through June
30, 2012, with wage increases retroactive to July 1,
2010, or to take any other action relative thereto.
($21,365.00)
Department # 0102220
Line
item # 511100 (Salaries- Permanent) $18,714.01
Training/CPR/1st –Aid #538100 $2,650.00
(Submitted by Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 4. To see
if the Town will vote to raise and appropriate or
transfer from available funds the sum of Four Thousand
Five Hundred Dollars for the purpose of retaining the
services of a Health Insurance Advisory Consultant, or
to take any other action relative thereto. ($4,500.00)
(Submitted by the Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 5.
To see if the Town will vote to raise and appropriate or
transfer from available funds the sum of Thirty-Five
Thousand Dollars, to be expended by the Board of
Selectmen, for the purpose of conducting a Police
Station Feasibility Study, including all costs
incidental and related thereto, or to take any other
action relative thereto. ($35,000.00)
(Submitted by the Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 6.
To see if the Town will vote to accept as a public way
the roadway known as Elderberry Drive, as heretofore
laid out by the Board of Selectmen in the manner
described below, which description is on file at the
Town Clerk’s Office, and to authorize the Board of
Selectmen to acquire on behalf of the Town, by purchase,
gift, eminent domain or otherwise, interests in property
sufficient to use said way for all purposes for which
public ways are used in the Town of Acushnet and all
associated easements, or take any action relative
thereto.
Legal Description
Elderberry Drive
Beginning at a point in the southerly sideline of
Peckham Road said point being the intersection of the
westerly line of Elderberry Drive and said Peckham Road
and being the northwesterly corner of the hereinafter
described parcel; thence
N
80°51’00” E
One hundred ten and 44/100 (110.44) feet by said Peckham Road to a point; thence
Southwesterly
Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of forty nine and
81/100 (49.81) feet to a point; thence S
14°16’30” E
Seven hundred twenty eight and 40/100 (728.40)
feet to a point; thence
Southwesterly Along a curve to the right having a radius of one
hundred fifty (150.00) feet and an arc length of ninety
five and 84/100 (95.84) feet to a point; thence
S
22°20’00” W One hundred sixty nine and 24/100 (169.24) feet
to a point; thence
Southwesterly
Along a curve to the right having a radius of one
hundred fifty (150.00) feet and an arc length of one
hundred thirty nine and 78/100 (139.78) feet to a point;
thence S
75°43’30” W Nineteen and 07/100 (19.07) feet to a point;
thence
Southwesterly
Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of forty seven and
12/100 (47.12) feet to a point in the easterly sideline
of Blueberry Drive; thence
N
14°16’30” W
One hundred ten and 00/100 (110.00) feet by said
line of Blueberry Drive to a point; thence
Southeasterly
Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of forty seven and
12/100 (47.12) feet to a point; thence
N
75°43’30” E
Nineteen and 07/100 (19.07) feet to a point;
thence
Northeasterly
Along a curve to the left having a radius of one
hundred (100.00) feet and an arc length of ninety three
and 19/100 (93.19) feet to a point; thence
N
22°20’00” E
One hundred sixty nine and 24/100 (169.24) feet
to a point; thence
Northeasterly
Along a curve to the left having a radius of one
hundred (100.00) feet and an arc length of sixty three
and 89/100 (63.89) feet to a point; thence
N
14°16’30” W
Seven hundred thirty eight and 27/100 (738.27)
feet to a point; thence
Northwesterly
Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of forty four and
44/100 (44.44) feet to the point and place of beginning.
Said
parcel containing one and 37/100 (1.37) acres and being
a portion of “Elderberry Drive” as shown on a plan
entitled “’Forestdale’ Definitive Subdivision of Land in
Acushnet, Massachusetts Prepared for R. J. Realty
Trust,” dated August 17, 1977 and recorded with the
Bristol County Southern District Registry of Deeds in
Plan Book 115, Page 8.
(Submitted by the Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 7. To see
if the Town will vote to accept as a public way the
roadway known as Blueberry Drive, as heretofore laid out
by the Board of Selectmen in the manner described below,
which description is on file at the Town Clerk’s Office,
and to authorize the Board of Selectmen to acquire on
behalf of the Town, by purchase, gift, eminent domain or
otherwise, interests in property sufficient to use said
way for all purposes for which public ways are used in
the Town of Acushnet and all associated easements, or
take any action relative thereto.
Legal Description
Blueberry Drive
Beginning at a point in the southerly sideline of
Peckham Road said point being the intersection of the
westerly line of Blueberry Drive and said Peckham Road
and being the northwesterly corner of the hereinafter
described parcel; thence N
80°51’00” E One hundred ten and 44/100 (110.44) feet by said Peckham Road to a point; thence
Southwesterly Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of forty nine and
81/100 (49.81) feet to a point; thence S
14°16’30” E
One thousand nine hundred fifty seven and 71/100
(1957.71) feet to a point; thence
Southwesterly Along a curve to the right having a radius of
fifty (50.00) feet and an arc length of one hundred
thirty two and 01/100 (132.01) feet to a point; thence N
02°21’13” W
Sixty seven and 03/100 (67.03) feet to a point;
thence
Northeasterly Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of fort seven and
12/100 (47.12) feet to a point; thence N
14°16’30” W
One thousand eight hundred ninety six and 03/100
(1896.03) feet to a point; thence
Northwesterly
Along a curve to the left having a radius of
thirty (30.00) feet and an arc length of forty four and
44/100 (44.44) feet to the point and place of beginning.
Said
parcel containing two and 42/100 (2.42) acres and being
a portion of “Blueberry Drive” as shown on a plan
entitled “’Forestdale’ Definitive Subdivision of Land in
Acushnet, Massachusetts Prepared for R. J. Realty
Trust,” dated August 17, 1977 and recorded with the
Bristol County Southern District Registry of Deeds in
Plan Book 115, Page 8.
(Submitted by the Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 8.
To see if the Town will vote to reduce the following
line items in the Golf Enterprise Fund (6606650) budget,
or to take any other action relative thereto.
#511300
Salaries -Club House Employees $25,000
#511500
Salaries -Maintenance Employees
$10,000
#521000
Energy - Operations
$3,000
#524000
R&M -
Building
$1,000
#524100
R&M –Equipment
$3,000
#527000
Rentals & Leases
$4,000
#530200
Legal Expenses $500
#534000
Telephone – Operations
$1,000
#534400
Advertising/Marketing
$5,000
#543000
Pro Shop Merchandise
$11,000
#546000
Seed, Top Dress, Ornamentals
$2,000
#546100
Fertilizer / Wetting Agents
$5,000
#546200
Pesticides / PGR’s
$4,000
#549050
Food / Beverage
$20,000
#558000
Supplies- Operations
$3,000
#571000
Travel
$500
#573000
Dues / Memberships- Operations
$500
#574100
Dues / Memberships- Maintenance
$500
#585000
Equipment
$45,000
Total Reduction
$144,000
(Submitted by Board of Selectmen)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 9. To see
if the Town will vote to raise and appropriate or
transfer from available funds the sum of One Hundred
Twenty Dollars for the payment of an unpaid Building
Department bill from a prior year in accordance with
Chapter 44, Section 64 of the General Laws, or to take
any other action relative thereto.
($120.00)
(Submitted by the Building Department)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 10. To see if the Town will vote to raise and
appropriate or transfer Two Thousand One Hundred Twenty
Two Dollars for the purpose of acquiring and installing
computer software for a new data tracking system for the
Licensing Program and an Animal Control Module.
This will replace the current program which is
now outdated and is no longer updateable, or to take any
other action relative thereto.
($2,122.00)
(Submitted by the Town Clerk)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 11. To see if the Town will vote to raise and
appropriate or
transfer from available funds Six Thousand Seven Hundred
Ninety Five Dollars for the purchase and equipping of a
commercial
mower for the Park Department, or to take any other
action relative thereto. ($6,795.00)
(Submitted by the Park Commissioners)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 12.
To see if the Town will vote to raise and appropriate or
transfer from available funds the sum of Five Hundred
Dollars ($500.00) for the purpose of making repairs to
historical signs placed throughout Town, or to take any
other action relative thereto.
(Submitted by the Historical Commission)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 13.
To see if the Town will vote to raise and appropriate,
transfer from available funds or borrow a sum of money
for the purpose of purchasing and equipping two (2)
police cruisers for the Police Department; that to meet
said appropriation the Treasurer with the approval of
the Board of Selectmen be authorized to borrow said sum
under Ch. 44 of the Massachusetts General laws and/or
any other enabling authority and issue bonds and notes
therefor; or to take any other action relative thereto.
($51,290.00)
(Submitted by the Police Department)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 14.
To see if the Town will vote to raise and appropriate or
transfer from available funds Eighteen Thousand One
Hundred Seventy Six Dollars for the purpose of
purchasing radio equipment for the Police Department,
including all costs incidental and related thereto, or
to take any other action relative thereto.
($18,176.00)
(Submitted by the Police Department)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 15. To see if the Town will vote to raise and
appropriate or transfer from available funds Twelve
Thousand Five Hundred Dollars for the purpose of
purchasing a computer system for the Emergency
Management Agency, including all costs incidental and
related thereto, or to take any other action relative
thereto. ($12,500.00)
(Submitted by the Emergency Management Agency)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 16.
To see if the Town will vote to raise and appropriate,
transfer from available funds or borrow Thirty Two
Thousand Dollars for the purpose of purchasing and
equipping a command vehicle for the Fire & EMS
Department; that to meet said appropriation the
Treasurer with the approval of the Board of Selectmen be
authorized to borrow said sum under Ch. 44 of the
Massachusetts General laws and/or any other enabling
authority and issue bonds and notes therefor; or to take
any other action relative thereto. ($32,000.00)
(Submitted by the Fire /EMS Department)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 17. To
see if the Town will vote to raise and appropriate,
transfer from available funds or borrow a sum of money
for the purchase or lease/purchase and equipping of a
side boom mower; and to authorize the Board of Public
Works to enter into a five-year lease/purchase agreement
for such mower, or to take any other action relative
thereto. ($91,894.00 to purchase or $20,085.00 per year
for 5 years to lease)
(Submitted by the Board of Public Works)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 18. To
see if the Town with vote to raise and appropriate,
transfer from available funds, or borrow the sum of
Sixteen Thousand Nine Hundred Dollars to pay costs of
purchasing a two-ton vibratory roller for the Highway
Department, including the payment of all costs
incidental or related thereto; that to meet said
appropriation the Treasurer with the approval of the
Board of Selectmen be authorized to borrow said sum
under Ch. 44 of the Massachusetts General laws and/or
any other enabling authority and issue bonds and notes
therefor; or to take any other action relative thereto.
($16,900.00)
(Submitted by the Board of Public Works)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 19.
To see if the Town will vote to transfer from the Sewer
Surplus account a sum of money to Sewer Department line
item #6004440-524600 (Maintenance of the System), or to
take any other action relative thereto.
(Submitted by the Board of Public Works)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 20. To
see if the Town will vote to transfer and appropriate
the sum of Forty-Five Thousand Dollars from the
Community Preservation Fund, for the preservation,
renovation and restoration of the historic Parting Ways
building located at 130 Main Street, including but not
limited to the repair, removal and installation of new
shingles and painting, pursuant to the Community
Preservation program, or to take any other action
relative thereto. ($45,000.00)
(Submitted by the Community Preservation
Committee)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 21. To
see if the Town will vote to transfer and appropriate
the sum of Twenty-Five Thousand Dollars from the
Community Preservation Fund for the rehabilitation and
re-construction of the
original 10-stall carriage garage at the historic
Friends Meeting House at 1341 Main Street, pursuant to
the Community Preservation Program, or to take any other
action relative thereto. ($25,000.00)
(Submitted by the Community Preservation
Committee)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION
FROM THE FLOOR)
ARTICLE 22. To
see if the Town will vote to transfer and appropriate
the sum of Fifty Thousand Dollars from the Community
Preservation Fund to be expended by the Board of
Selectmen for the restoration and preservation of the
Town’s historic vital records, pursuant to the Community
Preservation Program, or to take any action relative
thereto.($50,000.00)
(Submitted by the
Community Preservation Committee)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 23.
Conservation Restriction Acquisition – LaPalme Riverside
Farm – Blain Street
To
see if the Town will vote to raise, and appropriate,
transfer from available funds or borrow the sum of
$495,000 for the acquisition by gift, purchase, eminent
domain or otherwise of a conservation restriction over a
parcel of land of approximately 46.6 ± acres owned by
the LaPalme Family Nominee Trust as described on
Acushnet Assessors Map 24, Lot 145, to be managed and
controlled by the Conservation Commission of the Town of
Acushnet in accordance with Massachusetts General Laws
Chapter 40, Section 8C for conservation and passive
recreation purposes, and authorize the Board of
Selectmen or Conservation Commission to acquire said
restriction; to authorize the Treasurer, with the
approval of the Board of Selectmen, to borrow said sum
pursuant to G.L. c.44,§
7 and 8 or any other enabling authority and issue bonds
or notes therefor; and further that the Board of
Selectmen and /or the Conservation Commission be
authorized to file on behalf of the town of Acushnet any
and all applications deemed necessary under the Local
Acquisitions for Natural Diversity (“Land”) grant
program (Massachusetts General Laws Chapter 132A,
Section 11) or any other sources or applications for
funds in any way connected with the scope of this
acquisition, and the Board of Selectmen and/or the
Conservation Commission be authorized, to enter into all
agreements and execute any and all instruments, as may
be necessary on
behalf of the Town of Acushnet to affect said purchase;
provided, however that no portion of said
appropriation shall be borrowed or expended unless the
Board of Selectmen has determined that the Town is
eligible for reimbursement from the Commonwealth of
Massachusetts in an amount of not less than $326,700 and
that funds are available for the acquisition from other
source(s) in an amount of not less than $168,300; or to
take any other action relative thereto.
(Submitted by the Conservation Commission)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 24.
To see if the Town will vote to amend the General
By-Laws by inserting a new By-Law entitled,
“Unnecessary, Loud, Excessive or Unusual Noise”, as
follows:
It shall be unlawful for any person or persons in or
about any dwelling, building, premises, shelter, boat or
establishment or any part thereof, to cause, between the
hours of 10:00PM and 6:00AM any unnecessary, loud,
excessive or unusual noises including but not limited to
the daily operation of a motor vehicle, equipment or
machinery, sound making device, musician or group of
musicians, or loud or boisterous noises by any person or
group of persons. Or
to take any other action relative thereto.
And further that nonsubstantive changes to the
numbering of this bylaw be permitted in order that it be
in compliance with the numbering format of the By-Laws
of Acushnet.
(Submitted
by the By-Law Review Committee)
FINANCE
COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE
25. To see
if the Town will vote to amend the General By-Laws by
inserting a new By-Law entitled, “Storage or Trailer
Box” :Temporary
License
Notwithstanding any other provisions of this by-law to
the contrary, upon application from the owner or
occupier of a parcel of land and payment of such fee as
the Board of Selectmen may establish from time to time,
the Board may issue a temporary license to place a
storage or trailer box, as defined herein, on such
property to be used for the temporary storage of
personal property for a period not to exceed one year.
Such license may be renewed annually upon
reapplication.
All storage or trailer boxes existing on the
effective date of this by-law shall be required to be
licensed in compliance herewith within two months of the
effective date of this by-law
The term “Storage
or Trailer Box” is defined for purposes of this
by-law as any completely enclosed or covered container
of sufficient size to allow walk-in entry by a person,
and used for outdoor storage, including but not limited
to shipping containers, cargo boxes, truck bodies, and
trailers which are or were part of a tractor trailer
unit. This
definition shall not include a travel trailer or camping
trailer which is a vehicle designed to be used for
travel on highways on rubber tired wheels for
recreational or residence purposes, is used for
recreational purposes, and/or is currently registered
with the Registry of Motor Vehicles.
And further that nonsubstantive changes to the numbering
of this bylaw be permitted in order that it be in
compliance with the numbering format of the By-Laws of
Acushnet.
Or
to take any other action relative thereto.
(Submitted by the By-Law Review Committee)
FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 26.
To see if the Town will vote to raise and appropriate or
transfer from available funds an amount for the purpose
of contributing to a Stabilization Fund in accordance
with the provisions of General Laws Chapter 40, Section
5B or take any other action relative thereto.
You are hereby directed to serve this warrant by posting
attested copies thereof fifteen (15) days at the least
before the time of said meeting as directed by the Board
of Selectmen.
Hereof fail not and make return of this warrant
with your doings thereon at the time and place of said
meeting.
Given under our hands
this 7th
day of October, 2011.
_____________________
Kevin Gaspar
Sr., Chairman
_____________________
David E. Wojnar, Member
_____________________
Leslie Dakin Jr., Member
BOARD OF SELECTMEN
A True Copy Attest:
This
7th day of October,
2011
__________________________
Rebekah Tomlinson,
Constable
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