TOWN CLERK'S REPORT
SPECIAL TOWN MEETING
Monday, the Eleventh Day of June, 2007
The Special Town Meeting of the Town of Foxborough convened at 7:35 P.M. in the auditorium of the Foxborough Senior High School, 120 South Street, Foxborough, Massachusetts with Mr. Robert E. Cutler, Jr., Town Moderator, presiding. Town Clerk Arlene Marie Crimmins read the Warrant and Return. Three hundred forty-one (341) inhabitants qualified to vote at elections and town affairs were recorded as present.
ARTICLE 1: Moved no action on Article 1. (Fire Contract)
ADOPTED 215 Aff. 3 Neg. 7:45 PM
ARTICLE 2: Moved that the Town vote to amend Article 4 of the May 14, 2007 Annual Operating Budget as follows:
<td="98">
Funding Source
</td="98"><td="98">
General Revenue
</td="98"><td="98">
General Revenue
</td="98"><td="98">
Gen. Rev.: 127,620
</td="98"><td="98">
Ambl. Rec.: 58,980
</td="98"><td="98">
General Revenue
</td="98"><td="98">
General Revenue
</td="98"><td="98">
Patriot Pl. Revolving Acct.
</td="98"><td="98">
Patriot Pl. Revolving Acct.
</td="98">
|
Dept #
|
Dept.
|
Line Item
|
FY 2008 Budget
|
Adjustment
|
Revised FY'08 Budget
|
|
210
|
Police
|
Salaries
|
2,113,923
|
72,822
|
2,186,745
|
|
210
|
Police
|
Expenses
|
228,035
|
24,840
|
252,875
|
|
220
|
Fire
|
Salaries
|
1,950,130
|
186,600
|
2,136,730
|
| / |
/ |
/ |
/ |
/ |
/ |
|
220
|
Fire
|
Expenses
|
204,631
|
21,856
|
226,487
|
|
915
|
Grp Hlth/Life
|
Insurance
|
4,542,802
|
52,862
|
4,595,664
|
|
133
|
Finance
|
Capital Outlay
|
0
|
4,000
|
4,000
|
|
133
|
Finance
|
Expenses
|
201,052
|
1,500
|
202,552
|
Amendment: Moved to amend the previous motion as follows:
Remove the $18,500 adjustment to department 156 (GIS) and replace with the following:
<td="98">
Patriot Pl. Revolving Acct.
</td="98"><td="98">
Patriot Pl. Revolving Acct.
</td="98">
|
133
|
Finance
|
Capital Outlay
|
0
|
4,000
|
4,000
|
|
133
|
Finance
|
Expenses
|
201,052
|
1,500
|
202,552
|
AMENDMENT ADOPTED: 236 Aff. 2 Neg. 7:50 PM
MAIN MOTION ADOPTED AS AMENDED: 236 Aff. 2 Neg. 7:50 PM
ARTICLE 3: Moved that the Town vote to amend Article 4 of the May 14, 2007 Annual Operating Budget as follows:
<td="36">
Dept #
<td="36">
Dept
<td="63">
Line Item
<td="77">
FY 2008 Budget
<td="67">
Adjustment
<td="117">
Revised FY 2008 Budget
<td="77">
Funding Source
</td="77"></td="117"></td="67"></td="77"></td="63"></td="36"></td="36"><td="36">
460
<td="36">
Sewer
<td="63">
Debt Service
<td="77">
120,472
<td="67">
11,000
<td="117">
131,472
<td="77">
Sewer Receipts
</td="77"></td="117"></td="67"></td="77"></td="63"></td="36"></td="36">
ADOPTED 220 Aff. 10 Neg. 7:52 PM
ARTICLE 4: Moved that the Town vote to have the Selectmen petition the General Court requesting the enactment of the following special act:
AN ACT PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF RENT REGULATIONS AND THE CONTROL OF EVICTIONS IN MOBILE HOME PARK ACCOMMODATIONS IN THE TOWN OF FOXBOROUGH
Be it enacted, etc., as follows:
SECTION 1. Declaration of Emergency. The general court finds and declares that a serious public emergency exits with respect to the housing of a substantial number of citizens in the town of Foxborough, which emergency has been created by excessive, abnormally high and unwarranted rental increases imposed by some owners of mobile home parks located therein; that unless mobile home parks' rents and eviction of tenants are regulated and controlled such emergency will produce serious threats to the public safety, health, and general welfare of the citizens of said town, particularly the elderly; that such emergency should be met by the commonwealth immediately and with due regard for the rights and responsibilities of the town of Foxborough.
SECTION 2. General Powers. The town of Foxborough may, by its ordinances, regulate rents for the use or occupancy of mobile home park accommodations in said town, establish a rent board for the purpose of regulating rents, minimum standards for the use or occupancy of mobile home park accommodations and evictions of tenants therefrom and may, by its ordinances, require registration by owners of mobile home park accommodations. Such rents, standards and evictions may be regulated by the rent board so as to remove hardships, or correct inequities for both the owner and the tenants of such mobile home park accommodations. Said rent board shall have all powers necessary or convenient to perform its functions, may make rules and regulations, require registration by owners of mobile home park accommodations, under penalty of perjury, of information relating to the mobile home park accommodations, compel the attendance of persons and the production of papers and information, and issue appropriate orders which shall be binding on both the owner and tenants of such mobile home park accommodations. Violations of any by-laws adopted pursuant to this act or any order of said rent board shall be punishable by a fine of not more than one thousand dollars for any one offense.
SECTION 3. Standards for Adjusting Rent. (a) In regulating such rents, for such mobile home parks' accommodations, the rent board established under section two may make such individual or general adjustments, either upward or downward, as may be necessary to assure that rents for the mobile home park accommodations in said town are established at levels which yield to owners a fair net operating income for such units. Said town in its by-laws or said rent board by regulation may establish further standards and rules consistent with this act. The maximum rent of a mobile home park accommodation shall be the rent charged the tenant for the month of August, two thousand and six. If the mobile home park accommodation was unoccupied at that time but was occupied at any time prior to the effective date of this ordinance, the maximum rent shall be the rent charged therefore for or during the month closest to August, two thousand and six. If the maximum rent is not otherwise established, it shall be established by the board. Any maximum rent may be subsequently adjusted under this section.
SECTION 4. Incorporation of Administrative Procedure Act. The provisions of chapter thirty A of the Generals Laws shall be applicable to the rent board, established under section two, as if said rent board were an agency of the commonwealth, including those provisions giving agencies the powers to issue, vacate, modify, and enforce subpoenas and those provisions relating to judicial review of an agency order.
SECTION 5. Conference Jurisdiction. The district court department shall have original jurisdiction, concurrently with the superior court, of all petitions for review brought pursuant to section fourteen of chapter thirty A of the General Laws.
The superior court shall have jurisdiction to enforce the provisions of the act and any by-laws adopted thereunder and may restrain violations thereof.
SECTION 6. Defense of Summary Process for Possession. The town of Foxborough may, by its by-laws, regulate the evictions of tenants and the rent board, established under section two, may issue orders which shall be a defense to an action of summary process for possession and such orders shall be reviewable pursuant to sections two and three.
SECTION 7. Severability. If any provision of this act or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this act and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 8. This act shall take effect upon its passage.
NOT ADOPTED 15 Aff. 225 Neg. 8:06 PM
RECONSIDERATION NOT ADOPTED 2 Aff. 236 Neg. 8:32 PM
ARTICLE 5: Moved that the Town vote to authorize the Board of Selectmen to petition the State Legislature to enact legislation to authorize the
Town, or the Foxborough Industrial Development Financing Authority on behalf of the Town, to incur debt under Massachusetts General Laws, Chapter 44 or Chapter 40D, or as otherwise authorized by law, for the purpose of paying costs of engineering, design, legal, consulting, permitting, construction and installation of a waste water treatment facility, leaching fields, connecting pipes and appurtenances thereto on land adjacent to the Gillette Stadium; and costs of construction and installation of 12 inch diameter water main and appurtenances in Route 1 in the vicinity of Gillette Stadium; and to authorize the Board of Water and Sewer Commissioners and/or the Foxboro Industrial Development Financing Authority, on behalf of the Town, to enter into agreements, to obtain permits and to take all necessary action to affect the foregoing; provided, however, that all costs of the foregoing, including without limitation all costs of issuance of such debt and all costs of repayment thereof, shall be paid directly or indirectly by NPP Development, LLC, or an affiliate thereof or other party related thereto, and not by the Town.
Motion made to indefinitely postpone the vote on Article 5.
NOT ADOPTED 10 Aff. 233 Neg. 9:10 PM
AMENDMENT NOT ADOPTED 10 Aff. 233 Neg. 9:10 PM
MAIN MOTION ADOPTED 243 Aff. 6 Neg. 9:10 PM
RECONSIDERATION NOT ADOPTED 1 Aff. 239 Neg. 9:11 PM
ARTICLE 6: Moved that the Town vote to authorize the Board of Selectmen to grant an easement or easements to Feeling Foxy, LLC. a Massachusetts limited liability company, or their assignee, for the construction, installation and maintenance of force mains and/or sewerage piping. Said easement shall be located on property owned by the Town and generally run from the railroad tracks on Chestnut Street to Payson Road, then along the length of Payson Road to the intersection of North Street and Cross Street, then along Cross Street to land of Foxboro Realty Associates, LLC or an entity related thereto. A sketch of the proposed location of said easement entitled “Chestnut Green Easement Plan” is on file with the Town Clerk. And to authorize the Selectmen and/or the Board of Water and Sewer Commissioners to enter into such agreements, execute such documents, and take such other actions as may be necessary to accomplish the foregoing.
Motion made to indefinitely postpone the vote on Article 6.
No second was heard. 9:22 PM
ADOPTED 212 Aff. 10 Neg. 9:23 PM
ARTICLE 7: Moved that the Town vote to authorize the Town and/or the Board of Water and Sewer Commissioners to borrow under Massachusetts General Laws, Chapter 44, or as otherwise authorized by law, the sum of twenty five million ($25,000,000.00) dollars, for the purposes of the costs of engineering, design, legal, consulting, permitting and constructing the first phase of the expansion of the Town's sewerage system. Said expansion is as shown generally on a plan entitled “Proposed Sewer System Expansion”, prepared by Earth Tech, dated May 2007, a copy of which is on file with the Town Clerk. Such expansion will include, without limitation: sewers, pumping stations, force mains, effluent discharge leaching fields, effluent discharge leaching basins, and all other appurtenances related thereto. All funds to repay said borrowing shall be paid out of the Sewer Enterprise Fund through sewer receipts, sewer surplus or betterments as decided by the Board of Water and Sewer Commissioners; prior to any bonding being borrowed, a signed Aff. letter of intent will be obtained from at least 51% of future potential sewer customers that are expected to pay the betterment charges to fund all or a portion of such borrowing.
And to authorize the Board of Water and Sewer Commissioners, on behalf of the town, to enter into agreements, to obtain permits and to take all actions necessary to affect the foregoing.
Amendment to Article #7: Moved to amend by adding the following at the end - prior to any bonding being borrowed, a signed Aff. letter of intent will be obtained from at least 51% of future potential sewer customers that are expected to pay the betterment charges to fund all or a portion of such borrowing.
AMENDMENT ADOPTED 225 Aff. 23 Neg. 10:08 PM
Motion made to indefinitely postpone the vote on Article 7.
NOT ADOPTED 23 Aff. 197 Neg. 10:09 PM
MAIN MOTION AS AMENDED NOT ADOPTED 159 Aff. 103 Neg. 10:20 PM
(Requires 2/3rds)
RECONSIDERATION NOT ADOPTED 35 Aff. 176 Neg. 10:25 PM
ARTICLE 8: Moved that the Town vote to accept and/or acquire by gift, gravity sewers and/or force mains for purposes of accepting an easement in the following parcels of land:
Those certain twenty (20) foot wide permanent easements and adjacent ten (10) foot wide temporary easements for installation and maintenance of gravity sewer lines and/or force main lines on a parcel of land owned by Feeling Foxy, LLC and shown on that sketch plan entitled: “Proposed Easement Plan, Feeling Foxy, LLC to Town of Foxborough, dated May, 2007, Earth Tech, Inc.,” a copy of which is on file with the Town Clerk.
Said easement is located on land which is shown on assessor's plan 43, parcel 818, or on land adjacent thereto, and is adjacent to the former state hospital site.
Said easement shall be in form reasonably acceptable to the Board of Water and Sewer Commissioners. The exact location of the easement area may be relocated as the Board of Water and Sewer Commissioners may determine.
And further to authorize the Board of Water Commissioners or the Board of Selectmen to enter into such agreements, accept such deeds or other instruments, and execute such documents as may be necessary to accomplish the foregoing.
ADOPTED 98 Aff. 80 Neg. 10:30 PM
ARTICLE 9: Moved that the Town vote to authorize the Board of Selectmen to grant and/or accept, as the case may be, an easement or easements to or from Foxborough Realty Associates, LLC, A Delaware limited liability company, or their assignee, as may be necessary for the construction, operation and maintenance of outdoor advertising signs and related structures upon Town land, including upon the water reuse tank located thereon, and, if necessary, partly upon adjacent land of Foxborough Realty Associates, LLC. Said easement(s) shall be located on property located off of Washington Street (Route 1), as shown on a plan on file with the Town Clerk. And to authorize the Selectmen to enter into such agreements, execute such documents and take such other actions as may be necessary to accomplish the foregoing.
ADOPTED 183 Aff. 7 Neg. 10:42 PM
ARTICLE 10: Moved that the Town vote to authorize the imposition of a lien on real property located within the Town as provided in M.G.L. chapter 40, § 58 for charges and/or fees due to the Town pursuant to any development agreement, memorandum of understanding, memorandum of agreement, site plan approval, special permit or any other agreement, permit or license pursuant to which such fees or charges are imposed or agreed upon to mitigate the costs to the Town caused by, directly or indirectly, the activity to which said agreement, permit or license relates.
ADOPTED 181 Aff. 3 Neg. 10:50 PM
ARTICLE 11: Moved no action. (Amend Zoning By-Laws, Art. 3, Establishment of Districts, Types.)
ADOPTED 176 Aff. 6 Neg. 10:52 PM
ARTICLE 12: Moved no action. (Amend Zoning Map, Elm Street Area, Sewerage System Overlay District)
ADOPTED 181 Aff. 2 Neg. 10:53 PM
ARTICLE 13: Moved no action. (Amend Zoning Map, Spring Street Area, Sewerage System Overlay District)
ADOPTED 179 Aff. 3 Neg. 10:54 PM
ARTICLE 14: Moved no action. (Amend Zoning Map, Payson Road Area, Sewerage System Overlay District)
ADOPTED 173 Aff. 6 Neg. 10:55 PM
ARTICLE 15: Moved that the Town vote to Amend Section 15(B)V.A.7.b and .c of the Revised General By-Laws of the Town of Foxborough, Massachusetts as presented in the warrant:
Item 1: In the first sentence of Section 15(B)V.A.7.b.3, replace the word “two” with the word “four” and add “(excluding water tower signage allowed pursuant to Section 15(B)V.A.7.b.7)”, so that the revised sentence will read as follows: “Four free-standing billboard-style signs(excluding water tower signage allowed pursuant to Section 15(B)V.A.7.b.7), not to exceed 1,000 square feet in sign area per side or 40 feet in height, shall be allowed along Route One on the Stadium Lot or the Accessory Lots provided, however, two of said four billboard-style signs shall be located partially or wholly on or upon the Town-owned land surrounding the Reuse Tank located across Route 1 from Gillette Stadium.
Item 2: In Section 15(B)V.A.7.b.7, add “or affixed to” so that the revised sentence will read: “Signs painted on or affixed to any water tower located on the Stadium lot or any Accessory Lot shall be allowed and shall not be subject to the limitations set forth in Section 7.b.6 above or any other requirements of this Section 15(B).”
Item 3: In Section 15(B)V.A.7.c, add the word “easement” and delete “either a public way”, so that the revised Section will read as follows: “For the purposes of this Section 15(B), within the EDAOD an “Accessory Lot” shall be defined as any lot that (i) is under common or affiliated ownership with the Stadium Lot (whether such ownership interests are fee simple, easement or leasehold); and (ii) is not separated from the Stadium Lot by a lot that is not under such common ownership.”
AMENDMENT TO ARTICLE #15: Moved that the Town vote to Amend the Motion to amend Article V, Section 15(B)V.A.7.b and .c of the Revised General By-Laws of the Town of Foxborough, Massachusetts, by adding the following language to the end of Item 1: “provided, however, two of said four billboard-style signs shall be located partially or wholly on or upon the Town-owned land surrounding the Reuse Tank located across Route 1 from Gillette Stadium.”
AMENDMENT ADOPTED: 173 Aff. 3 Neg. 11:00 PM
ADOPTED AS AMENDED: 173 Aff. 5 Neg. 11:00 PM
Approved by the A.G. July 17, 2007. AMC
ARTICLE 16: Moved that the Town vote to authorize the Board of Selectmen to petition the General court to adopt the following legislation. The Legislature may reasonably vary the form and substance of the request legislation subject to the approval of the Board of Selectmen who are hereby authorized to approve amendments within the scope of the general public objectives of this petition. In addition, the Board of Selectmen are authorized to pursue the general public objectives of this article through one or more separate petitions of a more limited or specific scope, offered at such time as the Board of Selectmen deem appropriate, to accomplish incrementally the general public objectives of this petition:
AN ACT AUTHORIZING THE TOWN OF FOXBOROUGH TO GRANT 3 ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. (a) Notwithstanding section 12 and 17 of chapter 138 of the General laws or any other general or special law to the contrary, Foxborough Board of Selectmen may grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, subject to the conditions set forth in this act.
(b) The Board of Selectmen shall restrict all of the licenses to business entities located within that site containing a development to be known as CHESTNUT GREEN, in the Chestnut-Payson Overly district, as more particularly shown on a plan which is on file with the Board of Selectmen. (“Site”).
(c) Notwithstanding said section 12 of said chapter 138, the additional licenses authorized by this act shall be subject to an original license fee of $5,000 in addition to the annual fee for existing all alcoholic beverages licenses or wines and malt beverages licenses, as applicable, in the Town of Foxborough, such fee to be due and payable upon the original issuance of any such license and also upon the reissuance of such license pursuant to Section (e) below.
(d) The Board of Selectmen shall determine reasonably whether an applicant or licensee meets the criteria set forth in this act consistent with the rules and regulations governing the issuance of liquor licenses promulgated by the Board of Selectmen from time to time and all other applicable law.
(e) Any such license, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the Board of Selectmen, which may grant any such returned license to a new applicant who meet the criteria set forth in this act whose business is located within the Site, such reissuance to be subject to the payment of the reissuance fee of $5,000 as stated above.
SECTION 2. This act shall take effect upon its passage.
And further, to authorize the Board of Selectmen to take such actions and to enter into such additional instruments and agreements as they may deem appropriate and necessary to effectuate the purposes of this act.
Motion made to indefinitely postpone the vote on Article 16.
NOT ADOPTED 5 Aff. 167Neg. 11:35 PM
Amendment to Article 16: Moved to add:
(f) Not withstanding any of the foregoing said application to the legislature for the three licenses specific to Chestnut Green shall not be acted upon by said Board of Selectmen, unless a memorandum of agreement or understanding, satisfactory to the Board of Selectmen is executed and signed by a legal representative of Chestnut Green and the Board of Selectmen.
AMENDMENT NOT ADOPTED 43 Aff. 126 Neg. 11:43 PM
MAIN MOTION ADOPTED 126 Aff. 23 Neg. 11:45 PM
The Special Town Meeting of the Town of Foxborough adjourned at 11:45 PM.
A True Record Attest:
Arlene Marie Crimmins, Town Clerk