Fall 2012 warrant-book_final-3

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Fall 2012 warrant-book_final-3

  1. 1. TOWN OF CHELMSFORD FINANCE COMMITTEEReport, Recommendations and Copy of the Warrant for the Fall Session of Annual Town Meeting Monday, October 15, 2012 At 7:30 PM Chelmsford Senior Center 75 Groton Road, North Chelmsford
  2. 2. Table of ContentsFinance Committee Report…………………………………………………………………………...1Article 1 Hear Reports………………………………………………………………………………..3Article 2 Sewer Construction Stabilization Fund…………………………………………………….3Article 3 Other Post Employment Benefits Liability Trust Fund…………………………….………4Article 4 Compensated Absences Fund…………………………………..................................……..4Article 5 General Stabilization Fund…………………………………………………………………5Article 6 E-Rate Reimbursement…………………………………………………………………..…5Article 7 FY2013 Budget Amendments……………………………………………………………...5Article 8 Cemetery Improvement Fund….………………….………………..………………..……..6Article 9 Rescind Unexpended CPC Appropriations………………………………………………...6Article 10 CPC Land Acquisition – Acton Road…..…………………................................................7Article 11 Home Rule Petition for Continued Employment of Fire Chief….…………......................8Article 12 Land Transfer to Conservation Commission….…………………………………………..9Article 13 Acceptance of Ward Way………………………………………………………………..10Article 14 Drainage Easement – Old Westford Road…………………………………….…………11Article 15 Dog License Fees………………………………………………………………………...12Article 16 Amend Zoning Bylaw – Home Occupations……………………………...……………. 12Article 17 Amend Zoning Bylaw – Definitions – Boardinghouse………………………………….14Article 18 Amend Zoning Bylaw – Parking Stall Dimensions…………………………...…………15Article 19 Amend Zoning Bylaw – Site Plan – Storm water………………………………...……. 16Special Town Meeting – Article 1 – Land Acquisition……………………………………….….…17Community Preservation Fund Account Balances………….………………………………………19Town Meeting Procedures…………………………………………………………………………..20Representative Town Meeting Procedures…………………………….............................................22Moderator’s Rules of Debate and Decorum…………………………………….…………………..24Voting Guidelines…………………………………………………………………………………...25Order of Precedence of Motions……………………………………………………………….……26Common Motions Classified According to Their Objectives………………………………………26
  3. 3. September 30, 2012To the Citizens of Chelmsford:The Finance Committee has reviewed the warrant, met with the Town Manager and voted ourrecommendations in preparation for Fall Town Meeting that begins on October 15, 2012.The warrant articles this year are primarily financial in nature. The first four articles proposeallocation of the town’s free cash, totaling $3,361,463, to the Sewer Construction StabilizationFund, the Other Post Employment Benefits Liability (OPEB) Liability Trust Fund, a new reservefund for payment of accrued liabilities for retiring employees and the general Stabilization Fund.The Finance Committee had a lively, thoughtful and productive discussion regarding the TownManager’s proposals, as well as a consideration of how to achieve tax relief.Views expressed by members include the following: • Tax relief is a desirable goal. • Use of “one-time money” (e.g. Free Cash) for tax relief can lead to larger tax increases in following years if such money is not repeatedly available. • “One-time money” is best used for “one-time expenses” • Lower taxes are best achieved by lowering spending. • The town’s OPEB liability and other long-term liabilities ought to be addressed as aggressively as possible. • Funds invested in the Liability Trust Fund are likely to earn a higher rate of return than those invested in the Stabilization Fund • Bonding agencies will consider how the town addresses its long term liabilities, as well as the level of the town’s general reserves.Members’ priorities differed, but almost everyone could agree with these general views. Ourrecommendations reflect a compromise attempt to address them.Article 2 proposes a transfer of Free Cash to the Sewer Construction Stabilization Fund. Thisaccount is used for interest earned by sewer betterment and sewer capital construction funds toinsure that these funds are available for the repayment of sewer construction bonds. Werecommend transfer of the full amount of $438,322.Article 3 proposes a transfer of Free Cash to the town’s OPEB Trust Fund. We recommend thetransfer of $1,613,658. Article 4 proposes the creation of a reserve fund for the future payment ofaccrued liabilities for retiring employees. We recommend approval of this article with a transferfrom Free Cash of $480,210. This is the amount of the full liability as of the date of TownMeeting. Currently the annual town budget includes a $100,000 line item to fund this obligation. 1
  4. 4. Approval of this article as recommended would mean that this line item would no longer beincluded in future budgets.Article 5 proposes a transfer of Free Cash to the Stabilization Fund. We recommend a transfer of$535,323. This amount will bring the Stabilization Fund balance to $7M or 6.5% of the town’soperating budget, within the town’s goal of 5-10%. We believe that this amount provides asufficient buffer for any adverse economic events and along with action in Article 3 will help thetown maintain a high bond ratingArticle 6 is a standard article to transfer E-rate reimbursements to the School Department. Article7 makes adjustments to the FY2011 operating budget. Among the adjustments proposed by theTown Manager are an addition of $209,040 to the Chelmsford Public Schools budget and $83,867to the Public Safety Budget. We will make our recommendation on this article at Town Meeting.Article 8 seeks a transfer of funds to the Cemetery Improvement and Development Fund. Article 9would return unused appropriations to the Community Preservation Fund. Articles 11-15encompass an authorization to petition for special legislation with regard to the Fire Chief, atransfer of land to the Conservation Commission, a road acceptance, purchase of a drainageeasement and approval of dog license fees. You will hear detailed presentations at Town Meeting.We recommend approval of these articles.Article 10 proposes the acquisition of land adjacent to Sunny Meadow Farm on Acton Road for$195,000 financed by a transfer from the Community Preservation Fund. The Special TownMeeting Article 1 proposes the acquisition of the 30 acre Sheehan Farm at the intersection of PineHill Road and Galloway Road for $1,550,000. The total cost of $1,570,000 (includes closingcosts) would be financed by a $785,000 transfer from the Community Preservation and a $785,000ten year bond. We recommend approval of both these articles.There are also four articles that propose amendments to zoning by-laws. Since the FinanceCommittee is not required to speak on non-financial matters, we have decided to make norecommendation on these articles.Going forward, following Fall Town Meeting, we will continue to monitor the financial affairs ofthe town. Finance Committee FY2014 budget hearings will begin in January. Meeting dates willbe posted at Town Hall and listed on the meeting calendar on the town’s website; we invite thepublic to attend. Meetings are also televised by Chelmsford Telemedia.As always we are grateful to our clerk, Pam Morrison, for her hard work that supports our efforts.We thank Tim McIlvenna for his years of service on the Finance Committee and wish him well inhis relocation back to Ohio. We welcome our new member Patrick Kimera.Mary Frantz, ChairmanRoy Treible, Vice-ChairmanSasha BonakdarStratos DukakisPatrice GarvinPatrick KimeraSheila Pichette 2
  5. 5. TOWN OF CHELMSFORD WARRANT FOR THE FALL 2012 ANNUAL TOWN MEETING OCTOBER 15, 2012MIDDLESEX, SS.To the Constable, or any other suitable person of the Town of Chelmsford:Greeting:In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn theTown Meeting Representatives of said Chelmsford to meet at the Senior Center, 75 Groton Road,North Chelmsford on Monday, the fifteenth of October in the year two-thousand and twelve at7:30 p.m. in the evening and there to act upon the following articles, VIZ:ARTICLE 1. To hear reports of the Town Officers and Committees; or act in relation thereto.SUBMITTED BY: Board of SelectmenARTICLE 2. To see if the Town will vote to transfer from Free Cash a certain sum of money tothe Sewer Construction Stabilization Fund; or act in relation thereto.This Article would transfer $438,322 from free cash to the Sewer Construction StabilizationFund.SUBMITTED BY: Town Manager Two-Thirds VoteFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 3
  6. 6. ARTICLE 3. To see if the Town will vote to transfer from Free Cash a certain sum of money tothe Other Post Employment Benefits Liability Trust Fund; and further, to authorize the TownTreasurer to invest with the State Retiree Benefits Trust Fund any and all funds that have been,and in the future be, appropriated for the purpose of meeting the Town’s funding requirements forOther Post Employment Benefits, and to authorize the Town Treasurer, with the approval of theBoard of Selectmen, to execute all agreements and other instruments necessary in connectiontherewith; or act in relation thereto.This Article would transfer funds from free cash to the Other Post Employment BenefitsLiability Trust Fund. The Finance Committee recommends an amount of $1,613,568.SUBMITTED BY: Town ManagerFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 4. To see if the Town will vote to accept the provisions of Massachusetts GeneralLaws Chapter 40, Section 13D to establish a reserve fund for the future payment of accruedliabilities for compensated absences due any employee or full-time officer of the Town upon thetermination of the employee’s or full-time officer’s employment; to authorize the Town Managerto authorize payments from said fund, and to transfer from Free Cash a certain sum of money tosaid fund; or act in relation thereto.This Article would establish a reserve fund and transfer funds from free cash into said fund forthe future payment of accrued liabilities for compensated absences due employees or full-timeofficers upon termination of employment. The Finance Committee recommends an amount of$480,210.SUBMITTED BY: Town ManagerFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 4
  7. 7. ARTICLE 5. To see if the Town will vote to transfer from Free Cash a certain sum of money tothe General Stabilization Fund; or act in relation thereto.The Stabilization Fund is used as the Town’s savings account and can be accessed only by a 2/3vote of town meeting. A healthy Stabilization Fund results in more favorable interest rateswhen bonding for capital projects. This Article would transfer funds from free cash to theStabilization Fund. The Finance Committee recommends an amount of $535,323.SUBMITTED BY: Town Manager Two-Thirds VoteFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 6. To see if the Town will vote to transfer a certain sum of money from SpecialRevenue to the School Department, said funding coming from E-Rate reimbursements; or act inrelation thereto.This Article allows for the transfer $29,000 in E-Rate grant funds to the School Department.SUBMITTED BY: Town ManagerFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 7. To see if the Town will vote to amend the Fiscal Year 2013 operating budget votedunder Article 4 of the Annual Town Meeting held on April 30, 2012 and to see if the Town willraise and appropriate or transfer from available funds a sum of money to defray Town charges forthe fiscal year period July 1, 2012 to June 30, 2013; or act in relation thereto.This Article seeks to revise the FY2013 operating budget. 5
  8. 8. SUBMITTED BY: Town ManagerFINANCE COMMITTEE: RECOMMENDATION AT TOWN MEETING ___ Yes TOWN MEETING ACTION ___ NoARTICLE 8. To see if the Town will vote to transfer a certain sum of money from the Sale ofGraves and Lots to the Cemetery Improvement and Development fund; or act in relation thereto.This Article would transfer $25,000 from the sale of graves and lots to the CemeteryImprovement Fund.SUBMITTED BY: Cemetery CommissionFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 9. To see if the Town will vote to rescind the unexpended appropriations voted underArticle 7 of the Warrant for the October 19, 2009 Fall Annual Town Meeting from the CommunityPreservation Fund Historical Reserve for the exterior restoration of the Garrison House and underArticle 8 of the Warrant for the October 19, 2009 Fall Annual Town Meeting from the CommunityPreservation Fund Historical Reserve for the exterior restoration of the Fiske Barn, and to returnsaid unexpended funds to the Community Preservation Fund; or act in relation thereto.This Article would rescind unexpended appropriations in the amount of $8,900 from theGarrison House restoration and $13,164 from the Fiske Barn restoration and return said fundsto the Community Preservation Fund.SUBMITTED BY: Community Preservation CommitteeFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 6
  9. 9. ARTICLE 10. To see if the Town will vote to authorize the Board of Selectmen to acquire bypurchase, gift, eminent domain, or otherwise, a parcel of land containing 41,506 square-feet, moreor less, bordered by Acton Road, shown as Lot 35 on Assessors Map 109, Block 421, and morefully described in a deed recorded in the Middlesex North Registry of Deeds in Book 6341, Page232, said parcel to be under the care custody and control of the Conservation Commission andheld for open space purposes, including, without limitation, for agricultural purposes; to authorizethe Board of Selectmen to convey a perpetual restriction in said parcel that meets the requirementsof G.L. Chapter 184, Section 31, as required by M.G.L. Chapter 44B, Section 12 (a), as amended,and that said restriction may be granted to any organization qualified and willing to hold such arestriction in accordance with G.L. Chapter 44B; and further to raise and appropriate, transferfrom available funds, transfer from the Community Preservation Fund, and/or borrow pursuant toGeneral Laws Chapter 44, Sections 7 or 8, or Chapter 44B, Section 11, or any other enablingauthority, a certain sum of money to fund said acquisition, including related appraisal, survey, andlegal costs, and other costs incidental and related thereto; and further to authorize the Board ofSelectmen to take all actions necessary to acquire said parcel; or act in relation thereto.This Article would authorize the Board of Selectmen to acquire the specified parcel of land onActon Road. 7
  10. 10. SUBMITTED BY: Town Manager Community Preservation Committee Two-Thirds VoteFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 11. To see if the Town will vote to authorize the Board of Selectmen to petition theGeneral Court for special legislation entitled, “An Act Authorizing the Town of Chelmsford toContinue the Employment of Fire Chief Michael Curran” as set forth below, provided howeverthat the General Court may make clerical or editorial changes of form only to the bill, unless theBoard of Selectmen approves amendments to the bill before enactment by the General Court; andprovided further that the Board of Selectmen is hereby authorized to approve amendments whichshall be within the scope of the general public objectives of this petition: AN ACT AUTHORIZING THE TOWN OF CHELMSFORD TO CONTINUE THE EMPLOYMENT OF FIRE CHIEF MICHAEL CURRANBe it enacted by the Senate and House of Representatives in General Court assembled, and by theauthority of the same as follows:SECTION 1. Notwithstanding any general or special law to the contrary, Michael Curran, chiefof the fire department of the town of Chelmsford may continue to serve in such position until June30, 2015, until the date of his retirement, or until the date he is relieved of his duties by the townmanager, whichever occurs first; provided, however, that he is mentally and physically capable ofperforming the duties of his office. The Board of Selectmen may, at its own expense, require thatMichael Curran be examined by an impartial physician designated by them to determine suchcapability. No further deductions shall be made from the regular compensation of Michael Curranunder chapter 32 of the General Laws for any service subsequent to July 18, 2013, and uponretirement, he shall receive a superannuation retirement allowance equal to that which he wouldhave been entitled had he retired on his date.SECTION 2. This act shall take effect upon its passage.; or act in relation thereto.This Article would authorize the Board of Selectmen to seek special legislation to authorizeChelmsford to continue the employment of Fire Chief Curran beyond the mandated retirementage. 8
  11. 11. SUBMITTED BY: Town ManagerFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 12. To see if the Town will vote to transfer the care, custody, management, andcontrol of the Town-owned parcel of land located at 9 Sierra Drive (Map 118, Block 415, Lot 12)and described in a deed recorded with the Middlesex North District Registry of Deeds in Book4992, Page 36 from the Board of Selectmen and/or any other board or officer currently havingcustody thereof for the purposes for which they are presently held to the ConservationCommission for conservation and open space purposes under M.G.L. c.40 §8C; or act in relationthereto.This Article would transfer the Town-owned parcel of land at 9 Sierra Drive to theConservation Commission.SUBMITTED BY: Conservation Commission Two-Thirds VoteFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 9
  12. 12. ARTICLE 13. To see if the Town will vote to accept Ward Way as a public way, as heretoforelaid out by the Board of Selectmen and shown as “Ward Way” on a plan entitled “RoadwayLayout Plan Ward Way Chelmsford, MA.,” dated August 22, 2012, prepared by P.M. FlahertyAssociates Inc., on file with the Town Clerk, and authorize the Board of Selectmen to acquire, bygift, purchase, and/or eminent domain, permanent easement to use said roadway for all publicways are used in the Town of Chelmsford, any drainage, access, and/or utility easements relatedthereto, and any utilities located therein; or take any other action relative thereto.This Article would accept Ward Way as a public way and authorize the Board of Selectmen toacquire a permanent easement at said roadway.SUBMITTED BY: Town Manager Two-Thirds VoteFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 10
  13. 13. ARTICLE 14. To see if the Town will vote to authorize the Board of Selectmen to acquire adrainage easement by purchase, gift, eminent domain, or otherwise, on property located in theTown of Chelmsford, Massachusetts on Old Westford Road from Davis Road to the intersectionof Graniteville Road and Old Westford Road as identified as Lot 1 on Assessor’s Map 38, Block129, which easement is shown more particularly on a plan on file in the Town Clerk’s Office; oract in relation thereto.This Article would authorize the Board of Selectmen to acquire a drainage easement at thespecified property on Old Westford Road.SUBMITTED BY: Board of SelectmenFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 11
  14. 14. ARTICLE 15. To see if the Town will vote in accordance with the provisions of MassachusettsGeneral Laws Chapter 140, Section 139, as amended by Chapter 193 of the Acts of 2012, toestablish license fees for dogs; or act in relation thereto.This Article would amend the dog license fees to increase to $20.00 for intact dogs whileremaining $15.00 for spayed or neutered dogs.SUBMITTED BY: Town ManagerFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ NoARTICLE 16. To see if the Town will vote to amend the Town Code, Chapter 195, “ZoningBylaw”, for purposes of amending section 195-7, “Home Occupations”, by deleting the languageshown in strikethrough and adding the language shown as underlining, as follows:§ 195-7 Home occupations.A. Home occupations as of right. Businesses or professions incidental to and customarilyassociated with the principal residential use of premises may be engaged in as an accessory use bya resident of that dwelling; provided, however, that all of the following conditions shall besatisfied:(1) The occupation or profession shall be carried on wholly within the principal building or withina building or other structure accessory thereto which has been in existence at least five years,without extension thereof.(2) Not more than 25% of the combined gross floor area, not to exceed a maximum of 500 grosssq. ft., of the residence and any qualified accessory structures shall be used in the homeoccupation. The gross sq. ft. shall be calculated based upon sq. ft. that is principally used for thehome occupation. Common areas within the principal structure shall not be included in thiscalculation. In calculating gross floor area for the purposes of a home occupation, the provisionsof this section shall prevail over those in Section 195-108.(3) No person not a member of the household shall be employed in the home occupation.(4) The home occupation shall conduct on-site business transactions only on an appointmentbasis. An on-site business transaction is defined as a physical presence on the premise consistingof an exchange or transfer of goods, services or funds between the household member of the homeoccupation and not more than a client, customer, pupil, or the like. A client, customer or pupilmay consist of more than one person taking part in single transaction. Business transactions mayoccur from __am to ___pm, Monday through Friday. Electronic, audio or video communicationsdo not qualify as a “business transaction” for the purpose of this section.(5) There shall be no sign or exterior display, no exterior storage of materials and no otherexterior indication (such as, noise, smoke, dust, odor, vibrations) of the home occupation or othervariation from the residential character of the premises, including alterations to utility services(which may not be increased beyond that which is required for residential structures of similarsize). 12
  15. 15. (6) No use or storage of hazardous materials in quantities greater than associated with normalhousehold use shall be permitted.(7) Traffic generated shall not exceed volumes normally expected in a residential neighborhood.(8) No more than one (1) commercial motor vehicle, not to exceed 12,000 pounds gross vehicleweight, including any trailers, may be parked in the driveway(9) By-right home occupations include, but are not limited to, the following. i. professional office: any generally accepted professional or office type occupation, including butnot limited to accountants, appraisers, architects, engineers, attorneys, real estate agents,contractors, insurance brokers, mortgage brokers, financial advisors; ii. Instructional Service: educational tutoring or lessons such as music, art, cooking; iii. Home artisan: artist studios, dress making, engraving, sewing, tailor, woodworking; iv. Small item repair: locksmith, watch repair, small hand tool repair, shoe repair.B. Home occupations by special permit. Businesses or professions incidental to and associatedwith the principal residential use of premises may be engaged in as an accessory use by a residentof that dwelling upon the issuance of a special permit by the Board of Appeals; provided,however, that all of the following conditions shall be satisfied:(1) All of the requirements of Subsection A(1), (2) and (5) unless noted below.(2) Not more than one person not a member of the household shall perform work on the premiseat any time.(3) An unlighted sign of not more than three square feet in area may be permitted. The visibilityof exterior storage of materials and other exterior indications of the home occupation, or othervariation from the residential character of the premises, shall be minimized through screening andother appropriate devices. Motor Vehicles for the business, employee, clients, customers, pupils, salespersons or the likeshall be provided by off street parking, within an existing paved driveway. . In granting a specialpermit, the Board may consider the use of on-street parking if it finds that the neighborhood willnot be adversely impacted.(5) The use or storage of hazardous materials in quantities greater than associated with normalhousehold use shall be subject to design requirements to protect against discharge to theenvironment.(6) No more than two commercial motor vehicles may be parked in the driveway, provided that: i. The motor vehicles, including any associated trailers, does not exceed a total combined 24,000pounds (lb) gross vehicle weight; ii. The motor vehicles shall not be heavy construction equipment / apparatus iii. The motor vehicles is not loaded in whole or part with noxious, flammable, dangerous oroffensive materials or liquids.C. Special Permits by the Zoning Board(1) A special permit may be issued to waive any provision of sections A and B above.(2) A special permit may only be granted to the current homeowner and shall not be transferableupon the sale of the property.D. Prohibited Home OccupationsThe following home occupations are prohibited:(1) Motor Vehicle sales, general repair, body repair or towing and storage;(2) Medical office or medical clinic;(3) Body art or massage service establishment;(4) Contractor’s shop /yard. 13
  16. 16. (5) Research and developmentExplanationThis article seeks a comprehensive update to the existing home occupations bylaw. The proposedupdate serves to better protect residential areas from adverse impacts of activities associated withhome occupations, allows residents to utilize their homes as a work place and a source oflivelihood under certain circumstances and conditions and will ensure that home occupations arecompatible with the neighborhoods in which they are located.This Article would amend the “Home Occupations” section of the Zoning Bylaw.SUBMITTED BY: Planning BoardFINANCE COMMITTEE: NO RECOMMENDATION ___ Yes TOWN MEETING ACTION ___ NoARTICLE 17. To see if the Town will vote to amend the Town Code, Chapter 195, “ZoningBylaw”, for purposes of amending section 195-108, “Word Usage and Definitions”, specificallythe definition of “Boardinghouse”, by deleting the language shown in strikethrough and adding thelanguage shown as underlining, as follows:BOARDINGHOUSEA building, whether residential or commercial used or occupied, or part thereof in which lodgingis provided by the owner or operator to more than four boarders. The boarding house must providefor shared / common facilities consisting of either bathing or cooking and therefore shall notcontain individual dwelling units consisting of complete living facilities. Meals may or may notbe provided. Where more than four unrelated individuals rent a dwelling unit, it shall beconsidered a boardinghouse. A boarding house shall not be deemed a multi-family dwelling.ExplanationThis article seeks to revise the existing definition by clearly distinguishing a boardinghouse from amulti-family dwelling.This Article would amend the definition of “Boardinghouse” under the Word Usage andDefinitions section of the Zoning Bylaw.SUBMITTED BY: Planning BoardFINANCE COMMITTEE: NO RECOMMENDATION ___ Yes TOWN MEETING ACTION ___ No 14
  17. 17. ARTICLE 18. To see if the Town will vote to amend the Town Code, Chapter 195, “ZoningBylaw”, for purposes of amending section 195-19, “Size of Parking Spaces”, by deleting thelanguage shown in strikethrough and adding the language shown as underlining, as follows:§ 195-19 Size of parking spaces.[Amended 10-21-1999 ATM by Art. 29]The area of the parking lot shall be determined by the following table: Angle Stall and Aisle Dimensions (feet) X B C D E F G H I 30 9.0 17.3 11.0 26.8 18.0 4.5 23.8 16.4 45 9.0 19.8 13.0 33.2 12.8 6.4 19.4 13.4 60 9.0 21.0 18.0 37.4 10.5 7.8 13.8 9.5 70 9.0 20.9 19.0 38.8 9.6 8.5 9.4 6.5 80 9.0 20.3 24.0 39.0 9.1 8.8 4.8 3.3 90 9.0 19.0 24.0 38.0 9.0 9.0 0.0 0.0ExplanationThis article seeks to update the existing parking and aisle dimensions to reflect current industrystandards.This Article would amend the “Size of Parking Spaces” section of the Zoning Bylaw. 15
  18. 18. SUBMITTED BY: Planning BoardFINANCE COMMITTEE: NO RECOMMENDATION ___ Yes TOWN MEETING ACTION ___ NoARTICLE 19. To see if the Town will vote to amend the Town Code, Chapter 195, “ZoningBylaw”, for purposes of amending section 195-104, “Site Plan Review”, sub-section E (4), bydeleting the language shown in strikethrough and adding the language shown as underlining, asfollows:195-104.E.(4) The site plan shall be accompanied by drainage calculations stamped by aregistered professional engineer. The stormwater system design shall conform to the current MassDepartment of Environmental Protection Stormwater Policy. See section 2.6 of the PlanningBoard Site Plan and Special Permit Regulations for further criteria. Editors Note: See Ch.ExplanationThis article seeks to update the regulatory references related to stormwater management to reflectcurrent industry standards.This Article would amend the “Site Plan Review” section of the Zoning Bylaw.SUBMITTED BY: Planning BoardFINANCE COMMITTEE: NO RECOMMENDATION ___ Yes TOWN MEETING ACTION ___ No 16
  19. 19. TOWN OF CHELMSFORD WARRANT FOR SPECIAL TOWN MEETING October 15, 2012MIDDLESEX, SS.To the Constable, or any other suitable person of the Town of Chelmsford:Greeting:In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn theTown Meeting Representatives of said Chelmsford to meet in the Senior Center, 75 Groton Road,North Chelmsford on Monday, the fifteenth of October, at 7:29 PM in the evening then and thereto act upon the following article, VIZ:ARTICLE 1. To see if the Town will vote to authorize the Board of Selectmen to acquire bypurchase, gift, eminent domain, or otherwise, all or a portion of three parcels of land containing 30acres, more or less, in total, one parcel which is bordered by Pine Hill Road and Galloway Road,shown as Lot 1 on Assessor’s Map 99, Block 370, and more fully described in a deed recorded inthe Middlesex North Registry of Deeds in Book 8080, Page 65, another parcel which is borderedby Pine Hill Road, shown as Lot 20 on Assessor’s Map 90, Block 370, and more fully described ina recorded with said Registry of Deeds in Book 7672, Page 271, and another parcel which isbordered by Pine Hill Road, shown as Lot 2 on Assessor’s Map 99, Block 370, and more fullydescribed in a recorded with said Registry of Deeds in Book 6802, Page 115, said parcels to beunder the care custody and control of the Conservation Commission and held for open spacepurposes, including, without limitation, for agricultural purposes; to authorize the Board ofSelectmen to convey a perpetual restriction in said parcel(s) that meets the requirements of G.L.Chapter 184, Section 31, as required by M.G.L. Chapter 44B, Section 12 (a), as amended, and thatsaid restriction may be granted to any organization qualified and willing to hold such a restrictionin accordance with G.L. Chapter 44B; and further to raise and appropriate, transfer from availablefunds, transfer from the Community Preservation Fund, and/or borrow pursuant to General LawsChapter 44, Sections 7 or 8, or Chapter 44B, Section 11, or any other enabling authority, a certainsum of money to fund said acquisition, including related appraisal, survey, and legal costs, andother costs incidental and related thereto; and further to authorize the Board of Selectmen to takeall actions necessary to acquire said parcel(s); or act in relation thereto.This Article would authorize the Board of Selectmen to acquire the specified parcels of land. 17
  20. 20. SUBMITTED BY: Town Manager Community Preservation Committee Two-Thirds VoteFINANCE COMMITTEE: RECOMMENDS APPROVAL ___ Yes TOWN MEETING ACTION ___ No 18
  21. 21. Community Preservation Fund (27) Account Balances As of As of Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected 6/30/2010 6/30/2011 Actual Revenues FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 CPA Tax Surcharge (inc 2.5%/yr) $779,667.44 $799,159.13 $819,138.10 $839,616.56 $860,606.97 $882,122.14 $904,175.20 $926,779.58 $949,949.07 $973,697.79 $998,040.24 $1,022,991.25 $1,048,566.03 State Matching Funds $260,838.00 $213,187.00 $201,473.00 $204,784.53 $209,904.14 $215,151.74 $220,530.54 $226,043.80 $231,694.89 $237,487.27 $243,424.45 $249,510.06 $255,747.81 Interest $68,958 Bond Proceed Total Yearly Revenue $1,109,463.45 $1,012,346.13 $1,020,611.10 $1,044,401.08 $1,070,511.11 $1,097,273.89 $1,124,705.73 $1,152,823.38 $1,181,643.96 $1,211,185.06 $1,241,464.69 $1,272,501.31 $1,304,313.84 10% of Yearly revenue $110,946.35 $101,234.61 $102,061.11 $104,440.11 $107,051.11 $109,727.39 $112,470.57 $115,282.34 $118,164.40 $121,118.51 $124,146.47 $127,250.13 $130,431.38 Administrative (Up to 5% allowed) $55,473 $50,617 $50,000 $52,220 $53,525.56 $54,863.69 $56,235.29 $57,641.17 $59,082.20 $60,559.25 $62,073.23 $63,625.07 $65,215.69 Lewis Farm Bond $168,250 $164,250 $159,750 $154,875 Town Hall Dept Payment (Borrow $2,800,000) $101,672 $386,400 $380,800 $375,200 $366,800 $355,600 $344,400 $333,200 $319,200 $305,200 $291,200 Sheehan Farm Bond (Borrow $785,000) $98,125 $98,163 $94,200 $92,238 $90,275 $88,313 $86,350 $84,388 $82,425 $80,463 Admin and Bond Payments $316,539 $596,150 $686,020 $526,889 $515,864 $504,073 $492,316 $480,595 $466,109 $451,661 $437,250 $145,679 Undistributed $695,806.82 $424,461.10 $358,381.03 $543,622.55 $581,410.19 $620,632.45 $660,507.21 $701,048.76 $745,075.81 $789,803.45 $835,251.24 $1,158,635.15 Town Hall Renovation (Total $5,270,000) $2,470,000 Town Hall Theatrical Lighting $25,000 Manahan and Highland Affordable Housing $475,00019 Lewis Farm Access/Parking $85,000 First Parish Steeple Historic Preservation $66,810 Town Clock Historic Preservation $96,424 Heart Pond Invasive Plant Removal $25,000 Middlesex Canal Tollhouse Historic Preservation $17,600 1802 Schoolhouse Historic Preservation $34,500 Cemetery Commission Historic Preservation $8,096 Community Preservation Fund (27) Account Balances North Town Hall Theatrical Lighting $13,500 Open Space Capital Improvement Fund $25,000 Acton Road Land Purchase $195,000 Sheehan Farm Land Purchase - Total $1,570,000 $785,000 Fund balances + 10% per annum $125,625 $0.00 $0.00 $0.00 $8,888.11 $15,527.39 $20,232.57 $25,007.34 $29,851.40 $34,768.51 $39,758.47 $44,825.13 $49,968.38 (Assuming all April TM projects) $444,726 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $413,291 $0.00 $102,061.11 $206,501.22 $313,552.33 $423,279.72 $535,750.29 $651,032.63 $769,197.03 $890,315.53 $1,014,462.00 $1,141,712.13 $1,272,143.52 (Using Historic Reserve for Town Hall Bond) Undistributed balance $2,462,591 $1,087,039.81 $1,221,205.80 $396,450.72 $833,022.17 $1,304,704.97 $1,812,866.85 $2,358,091.72 $2,940,976.09 $3,564,933.39 $4,230,590.37 $4,938,591.48 $5,966,795.25 Funds added per year $134,165.99 -$824,755.08 $436,571.44 $471,682.80 $508,161.87 $545,224.87 $582,884.37 $623,957.30 $665,656.98 $708,001.11 $1,028,203.76 Total % in dept payment 53.51% 60.69% 44.22% 42.01% 39.82% 37.71% 35.67% 33.48% 31.38% 29.36% 6.17% Borrow $500,000 is about $110,000 per year for five years
  22. 22. TOWN MEETING PROCEDURESTo comply with the Town’s General By-Laws where they specifically pertain to TownMeeting actions, excerpts from Section II are preprinted for informational purposes.ARTICLE II, SECTION 4, PROCEDURES, TOWN MEETING4.2 - RECONSIDERATION – A motion at any adjourned Town Meeting for reconsideration orrescinding of any action taken at a previous session of the adjourned Town Meeting shall not beentertained or allowed by the Town Moderator.4.3 - AMENDMENTS – Any article appearing in the warrant and considered at any TownMeeting may be amended and any portion thereof may be deleted or added to by a vote of theTown Meeting Members provided, however, that in said notice the words “or act in relationthereto” or “do anything pertaining thereto” or words of similar import appear at the end of saidarticle. An amended amendment cannot be amended and no motion or proposition of a subjectdifferent from that under consideration shall be entertained under color of an amendment.4.4 - AMENDMENT OF BY-LAWS – Town By-Laws may be amended or rescinded by amajority vote of those present and voting at any Town Meeting provided that the proposed actionwas published in the warrant of that Town Meeting and further, provided that any suchamendment is in compliance with the Charter.4.5 - REPORTS – When the report of a committee is placed in the hands of the Town Moderator,it shall be deemed to be received and a vote to accept the report shall discharge committee unlessthe report is one of progress and not final; in which case the committee continues to serve unlessthe Town Meeting Members vote to discharge same.All reports, resolutions, motions or amendments submitted to the Town Meeting for considerationinvolving the expenditure of money shall be presented in writing to the Town Moderator.4.6 - APPROPRIATIONS – No money shall be transferred at a Special Town Meeting except bya majority vote of those present and voting.All motions on articles involving bond or note issues shall require a two-thirds (2/3) vote of thosepresent and voting.4.7 - APPROPIATIONS AT SPECIAL TOWN MEETING – No money shall be appropriatedat a Special Town Meeting except by a two-thirds (2/3) vote of those present and voting.4.8 - ATTORNEYS SPEAKING – Any person who is employed as an attorney by anotherinterest in any matter under discussion at a Town Meeting shall disclose the fact of hisemployment before speaking thereof.4.9 - TOWN COUNSEL – The Board of Selectmen shall assure that the guidance of the TownCounsel be available both to the Town Moderator and to the body at all Town Meetings wheneverpractical.4.10 - NOTICE – Dates and times proposed for continuance of the town meeting shall beannounced when the warrant is posted.4.11 - END OF SESSION – No warrant article may be introduced for consideration after 11:00p.m. without a majority vote of town meeting representatives present and voting to allow suchconsideration. 20
  23. 23. 4.12 - LOBBYING – Distribution of material and lobbying on warrant articles or issues notrelated to warrant articles being considered at that town meeting will be prohibited within an areaof 100 feet outside the entrance to the building housing the meeting. An area will be establishedinside the building but outside the meeting place where one individual from each group supportingor opposing an issue may distribute material or discuss the issue. Hand out material should bedated and signed by the organization or individuals preparing the material.4.13 - VOTING – Voice votes will not be used. Votes will be taken by either Electronic Roll Callor Electronic Tally. If seven or more members of town meeting question the vote, the moderatorshall count the vote. The physical count will prevail; however, the electronic vote will be recordedand noted as overturned by the hand count. The same applies to matters requiring a two-thirds(2/3) vote.4.14 - PRESENTATIONa) When town property or assets are to be purchased or sold, the name of the purchase or seller, ifknown, must be disclosed by the sponsor.b) The sponsor of any warrant article shall speak initially to explain the article.c) Zoning By-Law presentations by the sponsor must show a map denoting the existing zoning andthe proposed changed zoning, including definitions of zones and explanations of changes.d) All sponsors of By-Law changes must show the language of the existing By-Law and thelanguage of the change and an explanation of the change in the presentation.e) All recurring operating budget articles regularly presented at the Spring Annual Town Meetingto defray town expenses for the upcoming fiscal year must be presented showing the following:dollars budgeted and expended for the last two years and for the current year; proposed budgetdollars; and the revenue generated by the department requesting the budget.f) Visual aids used in any presentation must be large enough to be viewed from the back of thehall or handouts shall be distributed.g) The Moderator shall allow a question-and-answer period of the sponsor of an article to gatherfactual information or understanding of the article. Debate of the article is not allowed during thistime. The Moderator may place limits on this period.4.15 - RECOMMENDATIONS – The Board of Selectman and/or the Finance Committee shallhave an opportunity to state their position on each article and are encouraged to state their reasonsfor their position. The Finance Committee is not required to speak on a non-financial article.4.16 - RULES OF DECORUM – The Moderator may distribute additional rules of debate ordecorum not controverting any By-Law or statute to help guide debate of issues before the TownMeeting.4.17 - ROLL CALL BALLOT – A main motion on any article shall be voted upon by roll callballot if forty (40) town meeting representatives so vote at the end of debate of the main motionand before a motion under the next article. 21
  24. 24. REPRESENTATIVE TOWN MEETING PROCEDURESThe Representative Town Meeting is the legislative branch for our town government. TheRepresentatives perform the same function on the town level that the State Legislature or the Congressperforms on the state or federal level.Issues are framed or presented for the Representatives in the form of warrant articles published in theWarrant for that meeting. The warrant articles provide the outline the Representatives must follow totransact the years business or that meetings business. The Warrant also limits the discussion to bepermitted by the meeting. Each article must be activated by a motion to act on the business proposed by thewarrant article.The primary motion is called a "main motion" and may be positive or negative; that is, one might move toapprove or dismiss the article. Only Town Meeting Representatives and Department Heads, including theTown Manager, may make motions, amendments and vote, although any resident of town may attend thesessions and speak at the meeting.The Warrant is assembled by the Selectmen. The Articles on the Warrant have been selected fromproposals from the Selectmen, the Town Manager, the various town boards, department heads or citizenssigning a petition. The Selectmen place it before the Town Meeting Representatives for a hearing and avote. Citizens can place an article on the Warrant by obtaining ten signatures required by our bylaws infavor of adding the article to the warrant.The proponent of each article has the opportunity to explain the article before discussion by the TownMeeting Representatives. After the proponent of the article explains the article, a question and answerperiod follows to help the Representatives understand the article. No procedural motions are allowedduring this time except those which may interrupt the speaker.The Finance Committee usually makes a recommendation to the Representatives, having reviewed theissues and the budget. The Selectmen may make a recommendation, as well. The School Committee mayalso make a recommendation on school budget related issues during consideration of the annual budget.Discussion, or debate, will follow in an orderly manner. Each speaker is required to give his or her nameand precinct (if a representative) or name and address (if a resident) before speaking. Board or Committeemembers should state their board or committee designation prior to speaking, as well. (There may be oneor two microphones for speakers waiting to speak. If there are two microphones being used, theModerator will try to be fair to those who are first in line but may alternate between microphones toprovide a fair sequence for the speakers).All questions and answers should be addressed through the Moderator.All people present should be silent at the request of the Moderator.Discussion should be brief and to the point. Representatives and/or residents should listen carefully toprevious speakers to avoid repetitive questions and debate.The Moderator has the authority to curtail discussions.The main motion may be amended. Any motions shall be made in writing and presented to theModerator. Town Counsel is available to assist Representatives in this drafting of motions or amendments.Even if a motion to amend is on the floor, a second motion to amend the first motion to amend may beentertained by the Moderator and voted to change the first motion to amend on the floor. A separate motionto amend the main motion would not be entertained until both motions to amend have been voted. Votes onthe amendments are taken in reverse order. First the second motion to amend is decided, then the firstmotion to amend is decided, and then the main motion is voted, unless a separate motion to amend is made.Between introduction of a main motion and final vote on the main motion, the main motion and/or themeeting can be further affected by several subsidiary motions. These motions affect the manner in whichthe issues are debated and the meeting is conducted. These motions are displayed in the warrant book foryour information. 22
  25. 25. The most privileged motion is the motion to adjourn; the least privileged motion is the main motion itself.A speaker may be interrupted for a point of order, information or privilege which insures that the personspeaking is authorized to do so, or that the matter being considered is proper, or that the voter understandsthe motion. That motion is called by "rising to a point of order" (or "of information" or "of privilege").Other motions may or may not be debatable, may or may not be amended and may or may not bereconsidered. All procedural characteristics of the motions are in the warrant book. The required quantumof vote for each motion is also set forth in the warrant book, as well.Briefly, the Motion to Commit or Refer to a Committee permits the Representative Town Meeting toobtain further information through a committee for investigation or extra control by referral to thecommittee to monitor or carry out action already voted.The Motion to Postpone enables the meeting to delay action on an article to a later time. It would be betterphrased if it postponed action until after a specific article number. It may be postponed to a specific time;however, there is a danger that the Town Meeting may have dissolved or finished its business by that time.The Motion to Limit or Extend Debate permits the Representatives to limit the time that each member orresident may talk on a particular motion to a certain number of minutes or to limit the time to be spent oneach article. These limits may be extended by a motion to extend debate. (requires a two-thirds majorityvote)Motion to Move the Previous Question permits the Representatives to end the debate on the motion beingdiscussed and move to a vote. This motion is not debatable and the Moderator must take the vote on themotion to move the question without further debate. This motion will not be accepted from a speaker whohas just debated the motion under consideration. (requires a two-thirds majority vote)The Motion to Lay on the Table permits the Representatives to delay consideration on a particularwarrant article while continuing with the other articles. A tabled article must be brought back from the tableby a separate motion in order to be voted. If not taken from the table before the Town Meeting ends, thearticle will die on the table.The Motion to Reconsider is a means to re-examine votes made that night. The Representative TownMeeting may have had time to reflect on the votes made or there may have been additional evidencepresented by other action taken by the Town Meeting. This motion should not be used repetitively withoutreason and may be regarded as manipulative. Any vote may be reconsidered during the pendency of thatnights session. Once that session has been adjourned, the votes taken in that session are final. A Motion toReconsider a vote of an earlier session is not permitted. The Charter permits referendum review of theTown Meeting votes after the adjournment of the meeting.The Motion to Take Out of Order permits the Representatives to consider an article in a different orderthan proposed by the warrant. There may be a reason to consider two articles in sequence or to delay oneuntil a later article is decided.We have adopted a by-law which permits a roll call ballot. This motion must be made after debate on anarticle but before a main motion is brought under the next article. Forty Representatives must vote in favorof a roll call ballot. The Town Clerk calls every name in each precinct and the Representative wouldregister a yea or a nay.We have also adopted Moderators Rules of Decorum to help manage debate and we have also adoptedElectronic Voting Guidelines to facilitate the use of electronic voting.Finally, a Motion to Recess provides the meeting with a means to rest or stop the meeting temporarily forvarious purposes and may be called by the Moderator without motion.The Motion to Adjourn to a Time Certain is a means of postponing the meeting to another date in timeshould the business not be concluded at the first or subsequent meetings.The Motion to Adjourn (unqualified) ends the meeting without further session. 23
  26. 26. MODERATORS RULES OF DEBATE AND DECORUM1. Meetings will start promptly at the time posted with the recitation of the Pledge of Allegiance.2. Selectmen, Town manager, Town Financial Director, Town Counsel, Finance Committee and otherexperts needed by those individuals in the administrative branch of government shall sit together at thehead of the hall. At Spring Annual Town Meeting, the School Committee shall also sit at the head of thehall to provide information on the budget.3. Town Meeting Representatives shall sit in the area designated for debate and voting. Only duly electedTown Meeting Representatives are allowed in this area; all others must sit at the back of the hall.4. A section of the hall will be made available for the press.5. The podium and microphone at the head of the hall shall be reserved for sponsors and speakers on awarrant article.6. All debate shall emanate from the microphone(s) facing the Moderator in the center of the hall. Board orCommittee members, other town officials, or department heads may use other microphones to answerquestions or provide information to the meeting.7. All electronic devices such as cell phones, pagers and PDA’s must be silenced.8. Video and print media shall not interfere with the town meeting process and shall not interfere withspeakers addressing any issues.9. A Question and Answer period will be allowed as follows: Each person in line will be allowed to ask up to two questions, with a possible follow up to each question, when given permission to do by the Moderator. After which, you will have to go to the end of the line and re-queue. You should prioritize your questions so that you do not unfairly monopolize the time allowed for the Q&A period. The Moderator reserves the right to terminate the Q&A period and proceed directly to Debate.10. During debate, speakers are encouraged to be brief and non-redundant. Repetitive support or oppositionfor an issue is discouraged.11. A person should not speak a second time until everyone in line has had an opportunity to speak unlessthe previous speaker wishes to correct or dispute a statement of fact made by the previous speaker.12. Intentional slander against any individual or group will not be tolerated.13. Discussion of pending litigation will not be permitted unless specifically included in the warrant articlebeing debated.14. Roll call votes will be made in sequential order by precinct and alphabetically within the precinct. TheTown Clerk shall read the name of the town meeting representative. The town meeting representative shallanswer “Yea”, “Nay” or “Present”. All responses or lack of a response will be recorded. The Town Clerkshall read back the name and vote. At the conclusion of said vote, the Town Moderator shall ask if anyonewishes to vote who did not vote and if anyone wishes to change a vote. The inquiry is made in order byprecinct. 24
  27. 27. VOTING GUIDELINES... Richard E. DeFreitas, Town Moderator ELECTRONIC ROLL CALL... Motions and Amendments require full disclosure.Names and Votes will be displayed and recorded as part of the Voting process. NON-ELECTRONIC TALLY... Procedural Votes, such as a motion to waivereading, only require a tally. Moderator may simply ask for a raising of hands. • One or more large screen displays will be used to display Electronic Roll Call votes. Results will be fed to a separate display for the Town Moderator and Town Clerk. • The Electronic Roll Call votes shown on the large screen(s) will show the individual rep votes and the totals while voting is taking place. • System will calculate 2/3 vote requirements for the Electronic Roll Call based on the "yea" and "nay" votes, only. Moderator and the Clerk will verify the result. • Electronic Roll Call will require 35 seconds which will be counted down and displayed on screen during the voting process. • System will allow a quorum count at the start of Town Meeting and any time a “ point of order” is raised for a quorum count. • System will allow for, and record the following... #1 ("yea") - in favor of motion or amendment #2 ("nay") - opposed to motion or amendment #3 ("present" or "abstain") - not voting and not a part of 2/3 vote. If no selection is made, it will be not recorded. • Any challenge to the electronic vote must be made before the next article is read... Seven (7) Reps can request a hand count. Forty (40) Reps can request a roll call vote. If the challenge count varies from the electronic count, the physical count willprevail. The electronics results will still be posted and noted as overturned by thechallenge. Both physical and electronic counts will be recorded. The results of each vote taken will be posted on the Towns web site for all to seeand will be saved in perpetuity. 25
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