TOWN CLERK'S REPORT
SPECIAL TOWN MEETING
Monday, the Fifteenth Day of December, 2008
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. James J. Devellis, Advisory Committee member, led the Pledge of Allegiance. Town Clerk Robert E. Cutler, Jr. read the Warrant and Return. Two hundred ninety-two (292) inhabitants qualified to vote in elections and at town affairs were recorded as present.
ARTICLE 1: Moved that no action be taken on the subject matter of Article 1. (Fire Contract)
ADOPTED 239 Affirmative 1 Negative 7:41 PM
ARTICLE 2: Moved that the sum of Forty Six Thousand Dollars ($46,000) be appropriated for the Town Manager to purchase Opticom or equivalent equipment to be installed in fire apparatus and police vehicles, and to meet this appropriation, Forty Six Thousand Dollars ($46,000) be transferred from Free Cash.
ADOPTED 155 Affirmative 85 Negative 7:52 PM
ARTICLE 3: Moved that Article 3 be rejected. (Hire 4 FF Paramedics)
ADOPTED 220 Affirmative 33 Negative 8:52 PM
Reconsideration of Article 3.
NOT ADOPTED 15 Affirmative 236 Negative 8:53 PM
ARTICLE 4: Moved that Article 4 be rejected. (Purchase Fire Truck)
ADOPTED 211 Affirmative 23 Negative 8:58 PM
ARTICLE 5: Moved that Thirteen Thousand Fifty Dollars ($13,050) be appropriated for the Town Manager to expend for the purpose of processing six (6) potential hires of additional Permanent Intermittent Police Officers for the Foxborough Police Department, of which amount Six Thousand Dollars ($6,000) shall be allocated to the Police Overtime Account so that background investigations can be conducted; and Seven Thousand Fifty Dollars ($7,050) toward Police Expenses, to pay for medical, physical abilities testing and psychological examinations; and to meet said appropriation Thirteen Thousand Fifty Dollars ($13,050) be transferred from Free Cash.
ADOPTED 150 Affirmative 69 Negative 9:04 PM
ARTICLE 6: Moved that Two Hundred Thousand Dollars ($200,000) be hereby appropriated for the Town Manager to spend for the purpose of engaging professional consultants to undertake the Triennial Recertification of all taxable property in the town of Foxborough in order to achieve full and fair cash value assessments, in accordance with the requirements of M.G.L. Ch. 40 sec. 56 and Ch. 58 secs. 1,1A & 3; and to meet said appropriation Two Hundred Thousand Dollars ($200,000) be transferred from the overlay surplus account.
ADOPTED 163 Affirmative 10 Negative 9:13 PM
ARTICLE 7: Moved to temporarily table Article 7.
ADOPTED 173 Affirmative 2 Negative 9:14 PM
ARTICLE 8: Moved that the Board of Selectmen be hereby authorized, subject to any applicable procurement process as may be required, to grant to Arista Foxboro LLC, a Massachusetts limited liability company, a sidewalk easement over that portion of Chestnut Street shown as "Proposed Permanent Sidewalk Easement Area = 988± s.f." on the plan entitled "Easement Plan of Land in Foxborough, MA," dated May 2, 2008, prepared by Bay Colony Group, Inc. and on file with the Town Clerk office.
ADOPTED 183 Affirmative 3 Negative 9:15 PM
ARTICLE 9: Moved that Revised General By-Laws, Article V, Town Regulations of the Town of Foxborough, be hereby amended by adding a new Section 15C (Excavation and Trench Safety) as follows:
Section 15C: Excavation and Trench Safety
1. Purpose.
The purpose of this by-law is to establish reasonable standards to protect the safety of the citizens of the Town of Foxborough from the hazards inherent in trenches and to provide for penalties for individuals who violate any provision of this by-law.
2. Authority, Fee.
Pursuant to the provisions of MGL Ch. 82A, the regulations of the Department of Public Safety in conjunction with the Division of Occupational Safety as promulgated under 520 CMR 14.00 regarding excavation and trench safety are expressly incorporated into this by-law by reference. A reasonable fee to defray the cost of administration incurred in the review and processing of permits to be issued under this by-law shall be established pursuant to MGL Ch. 40, s. 22F Ch. 82A, s.2.
3. Permitting Authority.
The Director of the Department of Public Works or his designee shall serve as the "Permitting Authority" for excavations to take place on both property that is owned or controlled by a public agency or that a public agency otherwise has a property interest in, including but not limited to an easement, and for excavations to take place on privately owned land. Designees of the Director of the Department of Public Works may include the Building Inspector , Police Chief, and the Fire Chief or their respective designees.
4. Fire or Police Department Detail.
In the event that the Permitting Authority becomes aware or is notified of an unattended trench during a time when the permit holder is unavailable, it may require a fire or police department detail to attend such unattended trench to protect the general public, the cost of which shall be assessed to the permit holder.
5. Application.
The provisions of this by-law shall apply to any excavator in the Town of Foxborough.
6. Violations.
Any person violating this by-law shall be fined two hundred dollars ($200.00) for each offense, each day constituting a separate offense. The enforcing persons for this by-law shall be the Permitting Authority or his designees and any fire shift commander of the Town of Foxborough. Non-criminal disposition of~violations shall be available to apply to violations pursuant to the Revised General By-Laws, Article VIII, Section 5. And, further, that changes to the numbering of this by-law be permitted in order that it be in compliance with the numbering format of the Revised General By-Laws of the Town of Foxborough.
ADOPTED 175 Affirmative 10 Negative 9:22 PM
ARTICLE 10: Moved that the Revised General By-Laws of the Town of Foxborough, Article II, Town Officials, Section 4 Appointed Officials be hereby amended by adding the following new paragraph after the paragraph that begins, "There shall be a BOARD OF RECREATION . . ."
In addition to the nine regular members, two associate members shall be appointed to three year terms by a majority vote of the Board of Selectmen and the Board of Recreation. Such associate members may be designated by the Chairman to sit on the Board for the purpose of acting on any application in the case of absence, inability to act, or conflict of interest on the part of any regular voting member of the Board, or in the event of a vacancy on the Board.
ADOPTED 179 Affirmative 3 Negative 9:23 PM
ARTICLE 11: Moved that the Revised General By-laws of the Town of~ Foxborough, Article V, Section 6, Stadium Regulations, be hereby amended by deleting in its entirety sub-section 6.1B which reads:
6.1 B The foregoing provisions notwithstanding, the following athletic sporting events shall not be subject to the requirements of this by-law:
1. All amateur sporting events;
2. Professional football, rugby, soccer, tennis, basketball, jai-alai, lacrosse, field hockey, boxing, wrestling, track and field, polo; provided such professional athletic sporting event shall be concluded during daylight hours.
ADOPTED 173 Affirmative 1 Negative 9:28 PM
ARTICLE 13: Moved that the Revised General By-laws (the "By-laws") be hereby amended to remove the text of specific fees and charges from the By-laws as follows:
by amending Article IV, Section 4 by deleting all specific fee amounts listed under the column "Fee" and replacing them with the following: "Such fees as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws."
and by amending Article V, Section 1, paragraph 14 to delete the last sentence stating "The fee for such permit shall be $45.00 for each solicitor" and replacing it with the following: "The fee for such permit shall be established from time to time pursuant to chapter 40, Section 22F of the General~ Laws."
and by amending Article V, Section 2, paragraph B. by deleting all specific fee amounts listed in the right hand column and replacing them with the following: "Such fees as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws."
and by amending Article V, Section 2, paragraph B., by deleting the last sentence and replacing it with the following: "The fee for each annual renewal registration shall be established from time to time pursuant to chapter 40, Section 22F of the General Laws, subject however to the provisions of chapter 148, Section 10A of the General Laws."
and by amending Article V, Section 9, paragraph C.3. by deleting the sentence stating "A filing fee of seventy-five dollars ($75.00) per vehicle shall be required to cover all expenses incurred by the permitting body" and replacing it with the following: "Such fees as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws shall be required to cover all expenses incurred by the permitting body."
and by amending Article V, Section 13, paragraph B.8, by deleting it in its entirety and replacing it with the following: "Such fees as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws shall be charged for making an application."
and by amending Article V, Section 14, paragraph B.3, by deleting it in its entirety and replacing it with the following:~ "At the time of application or any renewal thereof, the applicant shall pay such fees as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws."
and by amending Article V, Section 14, paragraph E.1, by deleting the third sentence and replacing it with the following: "The fee for any change in the location of any mechanical game shall be established by the board from time to time pursuant to chapter 40, Section 22F of the General Laws."
and by amending Article V, Section 15(A), paragraph B, by deleting the definition of "Application Fee" and replacing it with the following: "Such fee as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws which fee shall accompany each application for a street opening permit."
and by amending Article V, Section 15(A), paragraph B, by deleting the definition of "License Application Fee" and replacing it with the following: "Such annual fee as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws and which shall be paid to the awarding authority each time a License application or renewal is filed."
and by amending Article V, Section 18, paragraph III, by deleting the definition of "Application Fee" and replacing it with the following: "Such fee as may from time to time be established pursuant to chapter 40, Section 22F of the General Laws shall accompany each application for a Right-Of-Way Permit."
ADOPTED 153 Affirmative 6 Negative 9:51 PM
ARTICLE 14: Moved that the Revised General By-laws (the "By-laws") be amended as follows:
by amending Article I, Section 3 of the By-laws by adding the following new last paragraph: "Whenever a two-thirds vote is required by statute, such vote may be declared as such by the moderator without a count and be recorded as such by the Clerk upon such declaration; provided, however, that seven or more members of a Town Meeting may challenge such declaration, all as provided by MGL Ch. 39, § 15, at which time a count shall be held."
and by amending Article I, Section 3, paragraph 2 of the By-laws by deleting the first sentence stating "Each town meeting shall be conducted in accord with Cushing's Revised Manual of Parliamentary Law, unless otherwise provided by law or by vote of said meeting" and replacing it with the following: "In all matters of parliamentary procedure not provided for in the constitution and laws of the Commonwealth, the town by-laws, town policies, procedures and practices, the town moderator (and the voters) shall be guided by the principles of fairness, clarity, and efficiency, in that order. In determining any parliamentary question, the town moderator shall give due regard to the entire body of scholarship encompassing parliamentary procedure, but with particular emphasis on the most recently published edition of Town Meeting Time, a manual of parliamentary procedure published by the Massachusetts Moderators Association, but resort may also be had for guidance to other authorities and examples of parliamentary procedure, including reference to rules and rulings of state and local legislative bodies."
ADOPTED 125 Affirmative 30 Negative 10:01 PM
ARTICLE 15: Moved that the General By-laws (the "By-laws") be amended as follows:
by amending Article II, Section 2, paragraph 5 by deleting the sentence stating "They shall have authority to settle any meritorious claims against the town, with the advice of counsel, but unless otherwise authorized by law they shall make no settlement in excess of three hundred dollars ($300.00) in the absence of the vote of the town." and replacing it with the following:
"They shall provide guidance to the Town Manager, who shall prosecute, defend or compromise all litigation for or against the town in accordance with the guidance provided by the board of selectmen."
and by amending Article II, Section 4. by deleting Section 4.B in its entirety and replacing it with the following:
"B. Powers and Duties: The town manager's powers and duties shall include, but not be limited to, all of the powers, rights, responsibilities and duties as set forth in the Town Manager Act, Chapter 5 of the Acts of 2004.
ADOPTED 140 Affirmative 23 Negative 10:17 PM
ARTICLE 16: Moved that Buckley Lane (also sometimes known as Buckley Drive) be accepted as a public way, laid out pursuant to G.L. Chapter 41 and 82, as amended, and as recommended by the Planning Board, which way runs easterly from the eastern sideline of Mechanic Street, ends in a cul-de-sac and is fifty feet wide, as shown on that certain plan entitled "Street As-Built and Profile for Buckley Lane, Foxborough, MA," dated July 16, 2008, prepared by Bay Colony Group, Inc.; and that the Board of Selectmen be authorized to acquire, such land and slope, drainage and other easements and rights as may be necessary to effectuate the purpose of this Article.
ADOPTED 156 Affirmative 1 Negative 10:20 PM
ARTICLE 7: Moved that the Town vote to amend Article 7 of May 4th, 1998 Annual Town Meeting as amended by Article 2 of the November 20th, 2000 Special Town Meeting, and as further amended by Article 14 of the May 10th, 2004 Annual Town Meeting, and as further amended by Article 14 of the May 14th, 2007 Annual Town Meeting by deleting "the sum of Five Million Five Hundred Thousand ($5,500,000) Dollars" and inserting "the sum of Six Million Two Hundred and Fifty Thousand ($6,250,000) Dollars", and further, to amend said amended article by adding after the words "to meet said appropriation by using One Million Two Hundred Thousand Dollars of the Water Enterprise Surplus", the words "and Thirty-four Thousand ($34,000) Dollars from the Water Enterprise Well Development Capital Project account and Seven Hundred Sixteen Thousand ($716,000) Dollars from the Water Enterprise System Rehabilitation Capital Project account".
ARTICLE 7: Moved to temporarily table Article 7.
ADOPTED 173 Affirmative 2 Negative 9:14 PM
Moved to remove Article 7 from the table.
ADOPTED 147 Affirmative 3 Negative 10:21 PM
Moved to waive the reading of Article 7 with amendments.
ADOPTED 143 Affirmative 1 Negative 10:22 PM
Moved to accept amended Article 7.
ADOPTED 160 Affirmative 2 Negative 10:27 PM
ADOPTED AS AMENDED 159 Affirmative 3 Negative 10:27 PM
Special Town Meeting was adjourned at 10:27 PM.
A True Record Attest:
Robert E. Cutler, Jr., Town Clerk