WARRANT FOR SPECIAL TOWN MEETING
THURSDAY, OCTOBER 21, 2004
To either of the Constables of the Town of Stoneham in the County of Middlesex,
Greeting:
In the name of the Commonwealth of Massachusetts, you are directed to notify and warn the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs to meet in the Town Hall, 35 Central Street, on
Thursday, October 21, 2004
at 7:30 o’clock in the evening to act upon the following articles of this Warrant:
Agreeable to the warrant signed by the Selectmen on September 21, 2004 the inhabitants of the Town of Stoneham qualified to vote in elections and Town affairs met in the Town Hall, 35 Central Street on Thursday, October 21, 2004 at 7:35 in the evening.
Tellers were appointed to check names of the voters entering the Town Hall and the checklist showed 172 voters were inside the meeting.
The meeting was called to order by Moderator Michael Rotondi. “Take Me Out to the Ball Game” was sung in honor of the Boston Red Sox American League Championship win over the New York Yankees with an accompaniment by organist Bruce Netten, followed by the Pledge of Allegiance and the warrant was read.
Article 1. To see if the Town will vote to authorize the Board of Selectmen to take actions to simplify and reconfigure utility and other municipal easements or property rights on property shown on Town of Stoneham Assessors Map 16, Lots 222 and 226, including without limitation the abandonment of such easements or property rights for a minimum amount of $1.00 and the acceptance of substitute easements or property rights on that property, or take any other action in relation thereto.
Board of Selectmen
Article 1. Voted that the Town authorize the Board of Selectmen to take actions to simplify and reconfigure utility and other municipal easements or property rights on property shown on the Town of Stoneham Assessors Map 16, Lots 222 and 226, including without limitation the abandonment of such easements or property rights for a minimum amount of $1.00 and the acceptance of substitute easements or property rights on that property, or take any other action in relation thereto.
Passes Unanimous
Motion for Reconsideration
Cannot Be Reconsidered
Article 2. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by adding a new Section 4.8.2.10 as follows:
4.8.2.10 Medical and dental offices and laboratories and clinics.
Planning Board
Article 2. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by adding a new Section 4.8.2.10 as follows:
4.8.2.11 Medical and dental offices and laboratories and clinics.
?Vote Required
Passes Unanimous
Motion for Reconsideration
Cannot Be Reconsidered
Returned from Attorney General Office approved, July 14, 2005
Article 3. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by adding the following described property at 160 Main Street, Stoneham, MA to the Highway Business Zone:
A certain parcel of land located on the easterly sideline of Main Street situated in the Town of Stoneham, Middlesex County, Commonwealth of Massachusetts bounded and described as follows:
Beginning at a drill hole along the easterly sideline of Main Street, said point being S 02°-51’-15” E a distance of 92.51 feet along Main Street from the point of curvature at Collincote Street;
Thence running N 02°-51’-15” W along said easterly sideline of Main Street a distance of 46.87 feet to a point;
Thence turning and running S 79°-23’-55” E a distance of 122.48 feet to a point;
Thence turning and running S 13°-22’-09” E a distance of 55.31 feet to a point;
Thence turning and running N 87°-09’-45” W a distance of 128.44 feet to a point of curvature on the easterly sideline of Main Street;
Thence running northerly along said easterly sideline of Main Street by a curved line to the right having a radius of 194.00 feet and an arc length of 23.33 feet to a drill hole at the point of tangency and the point of beginning;
Containing an area of 7,606 square feet and shown as Lot A on a plan entitled “PLAN OF LAND 160 MAIN STREET STONEHAM, MASS. SCALE 1”=10’ DATED AUGUST 19, 2004”
Charles F. Houghton et al
15 Kimball Drive
Article 3. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning Bylaw by adding the following described property at 160 Main Street, Stoneham, MA to the Highway Business Zone:
A certain parcel of land located on the easterly sideline of Main Street situated in the Town of Stoneham, Middlesex County, Commonwealth of Massachusetts bounded and described as follows:
Beginning at a drill hole along the easterly sideline of Main Street, said point being S 02°-51’-15” E a distance of 92.51 feet along Main Street from the point of curvature at Collincote Street;
Thence running N 02°-51’-15” W along said easterly sideline of Main Street a distance of 46.87 feet to a point;
Thence turning and running S 79°-23’-55” E a distance of 122.48 feet to a point;
Thence turning and running S 13°-22’-09” E a distance of 55.31 feet to a point;
Thence turning and running N 87°-09’-45” W a distance of 128.44 feet to a point of curvature on the easterly sideline of Main Street;
Thence running northerly along said easterly sideline of Main Street by a curved line to the right having a radius of 194.00 feet and an arc length of 23.33 feet to a drill hole at the point of tangency and the point of beginning;
Containing an area of 7,606 square feet and shown as Lot A on a plan entitled “PLAN OF LAND 160 MAIN STREET STONEHAM, MASS. SCALE 1”=10’ DATED AUGUST 19, 2004”
?Vote Required
Passes Unanimous
Motion for Reconsidered
Cannot Be Reconsidered
Returned from Attorney General Office approved, July 14, 2005
Article 4. To see if the Town will vote to extend the term of the Stoneham Tri-Community Bike/Greenway Committee and further to authorize said committee to assist the Selectmen and the Town Administrator in the preparation and development of the Town owned land commonly known as the “railroad right of way”, as a Linear Park System incorporating among other associated uses, a continuous multi-use path for bicycle and pedestrian use. Exercise courses and/or nature trails, and to authorize the Moderator to appoint such other individuals to said committee as are necessary from time to time to cause said committee to be comprised of eleven (11) members at least four of who
serve in an elected or appointed capacity in the Town and said committee report annually at the May Town Meeting for a period of three years and to authorize the Selectmen or Town Administrator to jointly apply with the City of Woburn and the Town of Winchester for funding under the Public Works Transportation Enhancement Program commonly referred to as TEA-21 or other State or Federal sources for the establishment of a Tri-Community Bike/Greenway.
Stoneham Tri-Community
Bike/Greenway Committee
Article 4. Voted that the Town extend the term of the Stoneham Tri-Community Bike/Greenway Committee and further to authorize committee to assist the Selectmen and the Town Administrator in the preparation and development of the Town owned land commonly known as the “railroad right of way” and such other portions of land over which the Town has control or acquired rights, as a Linear Park System incorporating among other associated uses, a continuous multi-use path for bicycle and pedestrian use, exercise course and nature trail, and to authorize the Moderator to appoint such other individuals to said committee as are necessary from time to time to cause said
committee to be comprised of eleven (11) members at least four of whom serve in an elected or appointed capacity in the Town and said committee report annually to the May Town Meeting for a period of three years.
Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 5. To see if the town will vote to transfer from available funds, a sum of money into the
stabilization fund, or do anything in relation thereto.
Board of Selectmen
Article 5. Voted that the Town indefinitely postpone the subject matter of Article No. 5.
Passes Per Moderator
Article 6. To see if the Town will vote to raise and appropriate, or transfer from available funds,
a sum of money to amend the Fiscal Year 2005 departmental budgets approved under Article 25 of the May 2004 Annual Town Meeting, or do anything in relation thereto.
Board of Selectmen
Article 6. Voted that the Town amend Article 25 of the May 2004 Annual Town Meeting by: First, increasing the Fiscal Year 2005 departmental budgets (as described in Exhibit A) by $552,536 with said funding to be from surplus revenue, and secondly, funding the $113,829 shortfall in said May 2004 budget with the following revenues: $93,829 from surplus revenue and $20,000 from prior year encumbrances.
Motion to Amend Made By Jeanne E. Craigie, 53 Duncklee Avenue, as follows:
Move for separate consideration for the following 8 items of Article 6
TA - $30,000
Reserve Fund - $88,536
Police Dept. - $50,000
Traffic Directors - $85,000
Fire Department - $193,000
Public Schools - $100,000
Capital - $25,000
$552,536
And one other which is a credit of $9,000 and Town Account $10,000
Motion to Amend
Motion As Amended
Motion Fails
Motion to Move Question
Question is Moved
Vote on Main Motion
Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 7. To see if the Town will vote to raise and appropriate, or transfer from available funds,
a sum of money to pay for invoices from prior years.
Board of Selectmen
Article 7. Voted that the Town transfer from surplus revenue, a sum of $1,150 to pay for invoices from prior years.
Passes Unanimous
Article 8. To see if the Town will vote to amend Article No. 21 of the May 5, 2003 Annual Town Meeting to allow for the purchase of four police cruisers instead of only three as originally stated in this article.
Board of Selectmen
Article 8. Voted that the Town amend Article No. 21 of the May 5, 2003 Annual Town Meeting to allow for the purchase of four police cruisers instead of only three as originally stated in the article.
Passes Per Moderator
Article 9. To see if the Town will vote to amend article No. 19 of the May 5, 2003 Annual Town Meeting with respect to the funding source only, by funding said sixty Thousand Dollars ($60,000) for an Emergency Operations Center by transfer from available funds instead of borrowing.
Board of Selectmen
Article 9. Voted that the Town amend article No. 19 of the May 5, 2003 Annual Town Meeting with respect to the funding source only, by funding said sixty Thousand Dollars ($60,000) for an Emergency Operations Center by transfer from surplus revenues instead of borrowing.
Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 10. To see if the town will vote to raise and appropriate $315,180.00 to be received by the Town from the FY2005 Chapter 90 local transportation aid (Chapter 291), as provided by the Commonwealth of Massachusetts, for the purpose of continuing the permanent construction program on public ways within the Town, or other eligible municipal projects, and authorize the Town Administrator to make such expenditures, or do anything in relation thereto.
Board of Selectmen
Article 10. Voted that the town appropriate $315,180.00 to be received by the Town from the FY2005 Chapter 90 local transportation aid (Chapter 291), as provided by the Commonwealth of Massachusetts, for the purpose of continuing the permanent construction program on public ways within the Town, or other eligible municipal projects, and authorize the Town Administrator to make such expenditures.
Passes Unanimous
Article 11. To see if the Town will vote to raise and appropriate a sum not to exceed $408,000 to implement certain rehabilitation and construction projects on the Town’s sanitary sewer system under the Massachusetts Water Resources Authority Assistance Program and the Town Treasurer, with the approval of the Board of Selectmen, be authorized to sell from time to time, as the occasion requires, Town notes, bonds, or other evidence of indebtedness in the amount not to exceed $408,000 in accordance with Chapter 44, Section 7 (1) of the Massachusetts General Laws and further accept any grants or gifts for those projects or do anything in relation thereto.
Board of Selectmen
Article 11. Voted that the Town appropriate a sum of $408,000 to implement certain rehabilitation and construction projects on the Town’s sanitary sewer system under the Massachusetts Water Resources Authority Assistance Program and the Town Treasurer, with the approval of the Board of Selectmen, be authorized to sell from time to time, as the occasion requires, Town notes, bonds, or any other evidence of indebtedness in the amount not to exceed $408,000 in accordance with Chapter 44, Section 7 (1) of the Massachusetts General Law and further accept any grants or gifts for those projects.
Motion to Amend Made by Frank Federico, 52 Hancock Street, as follows:
By inserting the words “consistent with said program” after “as the occasion requires”
Motion to Amend Passes
Vote on Motion As Amended
? Vote Required
Passes Unanimous
Article 12. To see if the Town will vote to transfer $8,500 from the “Sale of Dog Licenses” Agency Account, for the purpose of upgrading the Town Clerk’s software system for Dog Licensing, Business Licensing, and Business Certificates, as well as pay for any technical support and maintenance costs associated with this purchase.
Board of Selectmen
Article 12. Voted that the Town transfer $8,500 from the “Sale of Dog Licenses” Agency Account, for the purpose of upgrading the Town Clerk’s software system for Dog Licensing, Business Licensing, and Business Certificates, as well as pay for any technical support and maintenance costs associated with this purchase.
Passes Per Moderator
Article 13. To see if the Town will vote to transfer all of the presently available Fiscal Year 2004 Certified Surplus Revenue (Free Cash) to the Stabilization Fund Account.
John M. DeGeorge et al
148 Franklin Street
Article 13. Voted that the subject matter of Article 13 be indefinitely postponed.
Passes Per Moderator
Article 14. To see if the Town will vote to petition the Legislature to amend Chapter 26 of the Acts of 1981 as amended, “An Act Establishing a Selectmen-Town Administrator Form of Government for the Town of Stoneham”, by adding the following:
Sec 17. Budget process-Certified Surplus Revenue (Free Cash).
Upon receipt of Department of Revenue certification of the amount of Surplus Revenue (Free Cash) from a given fiscal year budget, that is available for use; the total amount shall be immediately transferred to the Stabilization Fund Account.
John M. DeGeorge et al
148 Franklin Street
Article 14. Voted that the Town petition the Legislature to amend Chapter 26 of the Acts of 1981 as amended, “An Act Establishing a Selectmen-Town Administrator Form of Government for the Town of Stoneham”, by adding the following:
Sec 17. Budget process-Certified Surplus Revenue (Free Cash).
Upon receipt of Department of Revenue certification of the amount of Surplus Revenue (Free Cash) from a given fiscal year budget, that is available for use; the total amount shall be immediately transferred to the Stabilization Fund Account.
Fails Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 15. To see if the Town will vote to amend the Town Code, Chapter 2-Article II “Town Meeting”, by adding the following:
Sec 2-9.1
Except for election ballot voting and/or additions or changes to the Town Code; in lieu of a simple majority vote for financial related issues, a two-thirds (2/3) vote shall be required for the approval of all applicable warrant articles.
John M. DeGeorge et al
148 Franklin Street
Article 15. Voted that the Town amend the Town Code, Chapter 2-Article II “Town Meeting”, by adding the following:
Sec 2-9.1
Except for election ballot voting and/or additions or changes to the Town Code; in lieu of a simple majority vote for financial related issues, a two-thirds (2/3) vote shall be required for the approval of all applicable warrant articles.
Fails Per Moderator
Article 16. To see if the Town will vote to raise and appropriate, or transfer from available funds, the sum of $51,000 to the budget of the Stoneham Public Library in order to meet the Minimum Appropriation Requirement standard mandated by the State of Massachusetts for Public Library Certification, or do anything in relation thereto. The monies would be distributed as follows: $13,600 to the Personnel Budget, $37,400 to the Operating Budget.
Library Board of Trustees
Article 16. Voted that the Town transfer from the Stabilization Fund the sum of $51,000 to the budget of the Stoneham Public Library in order to meet the Minimum Appropriation Requirement standard mandated by the State of Massachusetts for Public Library Certification. The monies would be distributed as follows: $13,600 to the Personnel Budget, $37,400 to the Operating Budget.
? Vote Required
Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 17. To see if the Town will vote to raise and appropriate, or transfer from available funds, or borrow a sum of money for the Health Agent ($160) and Nurses ($500), for travel expenses, or do anything in relation thereto.
Board of Health
Article 17. Voted that the subject matter be indefinitely postponed.
Passes Per Moderator
Article 18. To see if the Town will vote to raise and appropriate, or transfer from available funds, or borrow, a sum of money to fund (from Nov 12, 2004 to June 30, 2005) the part time clerical position in the amount of $8,334.08, or do anything in relation thereto.
Board of Health
Article 18. Voted that the subject matter be indefinitely postponed.
Passes Per Moderator
Article 19. To see if the Town will vote to raise and appropriate, or transfer from available funds, the sum of $8,000 to repair or replace the 20 M.P.H. flashing light on Summer St. by the South School or do anything in relation thereto.
Mark P. Patterson et al
64 Pine Street
Article 19. Voted that the subject matter of Article 19 be indefinitely postponed.
Passes Per Moderator
Article 20. To see if the Town will vote to authorize the Board of Selectmen to accept as a gift a portion of the lot 7 Cricklewood Drive abutting the East School Park (said lot designated as Map 2, Lot 151 on the Town of Stoneham Assessor’s Maps and described in a deed recorded at the Middlesex South Registry of Deeds in Book 11151, Page 121. Said land, if accepted as a gift, to be under the jurisdiction and control of the Stoneham School Committee. Or do anything in relation thereto.
Board of Selectmen
Article 20. Voted that the subject matter of Article No. 20 be indefinitely postponed.
Passes Per Moderator
Article 21. To see if the Town will vote to rescind any debt authorized but unissued on certain articles where the funds are no longer needed.
Board of Selectmen
Article 21. Voted that the Town rescind the debt authorized but unissued on the following articles where the funds are no longer needed:
Amount Authorized
Town Meeting Article No. Purpose but Unissued
1/13/97 1 Common Parking $100,000
1/13/97 2 Town Common $50,000
5/6/02 11 DPW Roof $34,000
5/6/02 15 MWRA Sewer Rehab. $215,500
Passes Unanimous
Motion to Dissolve
Meeting Dissolved at 11:08 PM
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