TOWN OF ACUSHNET

WARRANT

SPECIAL TOWN MEETING

MONDAY, May 20, 2013 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 Twentieth (20th) day of May, 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 raise and appropriate Six Million Three Hundred Eighty-Two Thousand Dollars ($6,382,000) or some other amount, to pay costs of designing, constructing, originally equipping, and furnishing a new Town Library/Community Center, including the payment of all costs incidental and related thereto, to determine whether such sum shall be raised by borrowing, appropriation from available funds or otherwise, and if by borrowing, no funds shall be borrowed or expended unless (i) the Town shall have received final approval of a library grant on account of this project from the Massachusetts Board of Library Commissioners, or any other similar agency of the Commonwealth, and (ii) the Town shall have voted to exempt the repayment of any bonds or notes authorized to be issued for this project from the limitations imposed by Chapter 59, Section 21C of the General Laws (Proposition 2½ ); and that any borrowing authorized pursuant to this article shall be reduced to the extent of any grants or gifts received by the Town on account of this project, or to take any other action relative thereto.

(Submitted by Petition)

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 a sum of money to fund the cost items contained in the first year of the collective bargaining agreement for those employees covered by the following union contract: EMS (Teamsters Local 59) (covering the period of July 1, 2012 through June 30, 2015), retroactive to July 1, 2012, or to take any other action relative thereto. 

(Submitted by Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 3.  To see if the Town will vote to transfer from available funds a sum of money to line item #0104423-529000 (Snow Removal, Emergency) to fund expenses incurred in FY 2013, or to take any other action relative thereto. 

(Submitted by Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 4.   To see if the Town will vote to transfer from available funds the sum of Sixty Thousand Dollars to line item #0105543/577000 (Veterans Benefits), to fund expenses incurred in FY 2013,  or to take any other action relative thereto. ($60,000.00)
                  
(Submitted by the Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 5.  To see if the Town will vote to transfer from available funds the sum of Thirty-Three Thousand Dollars for the purpose of replacing 20 sets of firefighter personal protective equipment (Phase 2 of replacing firefighting coats, pants, suspenders), or to take any other action relative thereto. ($33,000.00)

(Submitted by the Fire Chief)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 6.  To see if the Town will vote to transfer from the Ambulance Reserved Receipts Account the sum of Fifty-One Thousand Dollars  for the purpose of replacing two cardiac monitors/defibrillators for the EMS Division, or take any other action relative thereto.  ($51,000.00)

(Submitted by the Fire Chief)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 7.  To see if the Town will vote to amend the vote taken under Article 1 of the June 4, 2012, Annual Town Meeting by transferring from the Golf Contingency Fund sums to increase the FY13 Golf Enterprise budget line items by the following amounts, or to take any other action relative thereto.

                   #549050     Food/Beverage                        $6,000.00
                   #541500     Gasoline                                  $8,250.00
                   #546000     Seed, Topdressing                             $1,500.00
                                                                   Total           $15,750.00

               (Submitted by the Golf Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 8.  To see if the Town will vote to transfer from the Golf Contingency Fund the sum of Ninety Seven Thousand Two Hundred Eighty Five Dollars for the purpose of purchasing two mowers, or to take any other action relative thereto.  ($97,285.00)

   (Submitted by the Golf Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 9.  To see if the Town will vote to transfer from available funds the sum of Fifteen  Thousand Dollars for the purpose of purchasing and equipping a used vehicle for the Emergency Management Agency, including the payment of all costs incidental or related thereto; or to take any other action relative thereto.  ($15,000.00)

     (Submitted by the EMA Director)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 10.  To see if the Town will vote to transfer from available funds the sum of Three Thousand Dollars for the purpose of purchasing a networking printer with duplexing capacity or to take any other action relative thereto.  ($3,000.00)

(Submitted by the Board of Assessors)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 11.   To see if the Town will vote to transfer from the Water Surplus account the sum of One Hundred Twenty Six Thousand Eight Hundred Thirty Eight Dollars to Water Department line item #2704450-523000 (New Bedford Water Bills), or to take any other action relative thereto. ($126,838.00)

      (Submitted by the Board of Public Works)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)
ARTICLE 12.  To see if the Town will transfer from line item 2704450/511000 Water – Salaries/Director the sum of Eight Thousand Three Hundred Sixty Two Dollars to line item 2704450/523000 New Bedford Water Bills, or to take any other action relative thereto.  ($8,362.00)
  

         (Submitted by the Board of Public Works)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 13.   To see if the Town will vote to transfer from available funds the sum of Thirty Thousand Dollars to Gasoline line item #0104422-541500, or to take any other action relative thereto. ($30,000.00)

          (Submitted by the Board of Public Works)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 14.  To see if the Town will vote to transfer from available funds the sum of Nine Thousand Eight Hundred Dollars for the purpose of purchasing a 20KW Propane Generator for the Department of Public Works Garage or to take any other action relative thereto. ($9,800.00)

         (Submitted by the Board of Public Works)

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 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 22nd day of April, 2013.    

David E. Wojnar,    

Leslie Dakin, Jr., Member    

 Kevin Gaspar Sr., Member      

BOARD OF SELECTMEN      

A True Copy Attest: This 2nd day of May, 2013  

Kelli Tomlinson, Constable

____________________________________________________________________________________

TOWN OF ACUSHNET
WARRANT
ANNUAL TOWN MEETING
MONDAY, MAY 20, 2013 AT 7:15 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 Twentieth (20th) day of May, at 7:15 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 fix salaries and compensation of elected/appointed officers/employees, and to see what sums the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide for the payment of said salaries and compensation, payment of debt interest, for a reserve fund and for charges, expenses and outlays of the several town departments for the ensuing twelve (12) month period through June 30, 2014, or to take any other action relative thereto.

(Submitted by the Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 2.  To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning July 1, 2013, in accordance with the provisions of the General Laws, Chapter 44, Section 4, and to issue a note or notes as may be given for a period of less than one year in accordance with the General Laws, Chapter 44, Section 17, or to take any other action relative thereto.

(Submitted by the Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 3.  To see if the Town will vote to authorize the members of the Cemetery Board to perform work in the Cemeteries and to determine the compensation to be paid to said members, or to take any other action relative thereto.

(Submitted by the Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 4.  To see if the Town will vote to authorize the Board of Selectmen to accept and enter into a contract for the expenditure of any funds allotted or to be allotted by the Commonwealth for the construction, reconstruction and improvements of Town roads, or to take any other action relative thereto.

(Submitted by the Board of Selectmen)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 5.  To see if the Town will vote to allow the Board of Library Trustees to sell for the sum of ($1.00) the discarded books and periodicals of the Russell Memorial Library to the Friends of the Russell Memorial Library, a non-profit library support group, or to take any other action relative thereto.

(Submitted by the Library Trustees)

FINANCE COMMITTEE RECOMMENDATION
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 6.  To see if the Town will vote to re-authorize a revolving fund account pursuant to MGL Chapter 44, §53E1/2 for the Conservation Commission into which monies received by the Town for Conservation Commission Fees, except for fees already allocated to the NOI account (fees received for NOIs and ANRADs), are deposited and from which the Conservation Commission shall expend funds solely for the Conservation Commission activities, not to exceed $2,500.00 in the fiscal year, or to take any other action relative thereto.

(Submitted by the Conservation Commission)

FINANCE COMMITTEE RECOMMENDATION
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 7.  To see if the Town will vote to re-authorize a revolving fund account pursuant to MGL Chapter 44, §53E1/2 for the Council on Aging into which monies received by the Town from Council on Aging activities, are deposited and from which the Council on Aging shall expend funds solely for the Council on Aging activities, not to exceed $15,000 in the fiscal year, or to take any other action relative thereto.

(Submitted by the Council on Aging)

FINANCE COMMITTEE RECOMMENDATION
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 8.         COMMUNITY PRESERVATION ACT

          To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2014 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund Estimated Annual Revenues or available funds for the administrative expenses of the Community Preservation Committee, the payment of debt service, the undertaking of Community Preservation projects and all other necessary and proper expenses for the year, or take any other action relative thereto.
         
PROPOSED FISCAL YEAR 2014 COMMUNITY PRESERVATION BUDGET

The Community Preservation Committee recommends that the following amounts be appropriated or reserved from Fiscal Year 2014 Community Preservation Fund estimated annual revenues, unless otherwise specified, for Fiscal Year 2014 Community Preservation purposes with each item considered a separate appropriation:

 (Submitted by the Community Preservation Committee)

FINANCE COMMITTEE RECOMMENDATION
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 9.  To see if the Town will vote to transfer and appropriate the sum of Six Thousand Five Hundred Dollars from the Community Preservation Fund Historic Resources Reserve Account for the preservation of the historic Town owned Fire and E.M.S. Station 2, located on North Main Street, specifically for the replacement of windows and adding blow-in insulation, pursuant to the Community Preservation program, or to take any other action relative thereto. ($6,500.00)

  (Submitted by the Community Preservation Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 10.  To see if the Town will vote to transfer and appropriate the sum of Seven Thousand Eight Hundred Sixty Two Dollars from the Community Preservation Historic Resources Reserve Account and Twelve Thousand One Hundred Thirty Eight Dollars from the Community Preservation Budgeted Reserve Account for the purpose of repairing and replacing the roof located at the historic Town owned Emergency Management Agency building, located at 14 Thomas Street, Acushnet, pursuant to the Community Preservation program or to take any other action relative thereto. ($20,000.00)

(Submitted by the Community Preservation Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 11.  To see if the town will vote to transfer and appropriate the sum of Sixty Thousand Dollars from the Community Preservation Fund Budgeted Reserve Account for the preservation of historic resources, particularly the relocating and renovating of the historic building located at 60 Main Street in Acushnet, commonly referred to as the “Captain Severance home”, to the Sawmill Property located on Mill Road in Acushnet, pursuant to the Community Preservation program, or to take any other action relative thereto. ($60,000.00)
 

(Submitted by the Community Preservation Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 12. To see if the Town will approve the establishment by the Old Colony Regional Vocational Technical High School District of a so-called “Stabilization Fund” consistent with G.L. Chapter 71, Section 16G½ and as previously approved by the Old Colony Regional Vocational Technical High School District.

(Submitted by Old Colony Regional Vocational Technical High School District)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 13: To see if the Town will vote to add to the Town of Acushnet General Bylaws, Zoning Article VIII, Section 3, a new section named “3.3.4 Residential Village District (RV) comprised of permitted uses; uses by special permit; prohibited uses; development standards; and dimensional requirements”, the text of which has been placed on file and is available for review at the Town Clerk’s office, and further to amend the Zoning Map of the Town of Acushnet to include the new Residential Village District (RV) in the manner shown on a map filed and available for review with the Town Clerk, and further to make such nonsubstantive changes to the numbering of said Bylaws as are necessary to incorporate such additions, or to take any other action relative thereto.

(Submitted by the Planning Commission)

FINANCE COMMITTEE RECOMMENDATION
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 14.  To see if the Town will vote to amend the Town’s Zoning Bylaw by adding a new Section 3.9,A, B, C,  TEMPORARY MORATORIUM ON MEDICAL MARIJUANA TREATMENT CENTERS,  that would provide as follows, and further to amend the Table of Contents to add Section 3.9, A, B, C, “Temporary Moratorium on Medical Marijuana Treatment Centers:”

Section A.   PURPOSE

By vote at the State election on November 6, 2012, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes.  The law provides that it is effective on January 1, 2013 and the State Department of Public Health is required to issue regulations regarding implementation within 120 days of the law’s effective date.  Currently under the Zoning Bylaw, a Medical Marijuana Treatment Center is not a permitted use in the Town and any regulations promulgated by the State Department of Public Health are expected to provide guidance to the Town in regulating medical marijuana, including Medical Marijuana Treatment Centers.  The regulation of medical marijuana raises novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Medical Marijuana Treatment Centers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of medical marijuana treatment centers and other uses related to the regulation of medical marijuana.  The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Medical Marijuana Treatment Centers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. 

Section B.             DEFINITION

“Medical Marijuana Treatment Center” shall mean a “not-for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.”

Section C.             TEMPORARY MORATORIUM

For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Medical Marijuana Treatment Center. The moratorium shall be in effect through November 30, 2014. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of medical marijuana in the Town, consider the Department of Public Health regulations Regarding Medical Marijuana Treatment Facilities and related uses, and shall consider adopting new Zoning Bylaws to address the impact and operation of Medical Marijuana Treatment Centers and related uses.

And 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 action relative thereto.

(Submitted by the Planning Committee)

FINANCE COMMITTEE RECOMMENDATION
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 15.  To see if the Town will vote to Amend the Town of Acushnet General Bylaws, Zoning Article VIII, Section 3, by adding: (1) a new subsection named 3.10, Expedited Permitting; (2) a definition of Alternative Energy Manufacturing, Assembling, or Packaging Goods to Section 2.0,; and (3) a new subsection named 3.3.3.9, Alternative Energy Manufacturing Facilities to Section 3.3.3, the text of which has been placed on file and is available for review at the Town Clerk’s office, and further to make nonsubstantive changes to the numbering of said Bylaws as are necessary to incorporate such additions, or take any other action relative thereto.
(Submitted by the Energy Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 16. To see if the Town will vote to accept Appendix 115.AA of the Massachusetts Building Code, 780 CMR, the “Stretch Energy Code”, including amendments or modifications thereto, regulating the design and construction of buildings for the effective use of energy, a copy of which is on file with the Town Clerk, or take any action thereto.

(Submitted by the Energy Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

ARTICLE 17.  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.

(Submitted by the Finance Committee)

FINANCE COMMITTEE RECOMMENDATION:
(RECOMMENDATION FROM THE FLOOR)

You are hereby directed to serve this warrant by posting attested copies thereof seven (7) 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 22nd day of April, 2013.

                                                          __________________________
                                                          Leslie Dakin, Jr., Chairman

                                                          __________________________
                                                          Kevin Gaspar, Sr., Member

                                                          __________________________
                                                          David E. Wojnar, Member
                                                          BOARD OF SELECTMEN

A True Copy, Attest:
This day of           May 2, 2013                  __________________________
Kelli Tomlinson
Constable of Acushnet