Warrant for Annual Town Meeting
Tuesday, April 1, 2003
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 Tuesday, April 1, 2003, at seven o’clock in the forenoon to act on the following articles of this warrant:
Article 1. To choose the following officers:
Two (2) Selectmen for three (3) years.
Two (2) School Committee Members for three (3) years.
Two (2) Library Trustees for three (3) years.
One (1) Board of Assessors Member for three (3) years.
One (1) Planning Board Member for five (5) years.
One (1) Board of Health Member for three (3) years.
One (1) Moderator for two (2) years.
One (1) Housing Authority Member for five (5) years.
Three (3) Constables for three (3) years.
All on one ballot.
The polls for the Annual Town Election shall be closed at eight o’clock in the evening.
For consideration of the following Articles, the meeting shall be adjourned to meet in the Town Hall at 7:30 o’clock in the evening on Monday, May 5, 2003, in accordance with provisions of Article II, section 2-3 of the By-Laws of the Town of Stoneham.
Tellers were appointed to check the names of voters entering the Town Hall and the checklist showed 293 voters were inside the meeting.
Appointed Tellers: Pat Adams, Donna Hurley, Rosemary Citrone, Mary Zazzara, Betsy Moreira, Bob Moreira, Anna Nottebart, Carol Musto, Martha Porter, Kevin McLaughlin, Carol Callan & Barbara Pollack.
The meeting was called to order by Moderator Michael Rotondi at 7:37 PM and the warrant was read.
The Stoneham American Legion Post 115 Honor Guard carried in the flags and helped lead the Pledge of Allegiance. Stoneham resident Joelle Kross sang the National Anthem.
Article 2. To choose all other necessary Town officers for the ensuing year in such a manner as the Town may determine.
Board of Selectmen
Article 2. Voted that the Board of Selectmen be authorized to choose all other necessary Town officers for the ensuing year in such a manner as the Town may determine.
Majority Vote
Motion Passes Unanimous
Article 3. To hear the reports of Town officers and committees and to act thereon and to choose committees.
Board of Selectmen
Article 3. Voted that the reports of the Town officers and committees, as printed in the Annual Town Report for 2002 be accepted.
Motion Passes Unanimous
Article 4. To see if the Town will vote to fix the salaries of the several elective officers and the Boards of the Town for the 2003/2004 fiscal year.
Board of Selectmen
Article 4. Voted That the Town fix the salaries of the several elective officers and the Boards of the Town for the 2003/2004 fiscal year as follows:
Moderator $205
Selectmen $3,000
Assessors $1,200
Town Clerk $52,583
Motion Passes Unanimous
Motion for Reconsideration
Cannot Be Reconsidered
Article 5. To see if the Town will vote to petition the Legislature to pass an act revoking the Town’s acceptance of that section of Chapter 31 of the General Laws of Massachusetts that placed the Town Hall Custodian position in the Town of Stoneham under Civil Service; said act to further provide that said revocation shall apply to any person holding said Town Hall Custodian position on the effective date of the revocation, and that the revocation shall take effect on the passage of the act; or do anything in relation thereto.
Board of Selectmen
Article 5. Voted that the Town petition the Legislature to pass an act revoking the Town’s acceptance of that section of Chapter 31 of the General Laws of Massachusetts that placed the Town Hall Custodian position in the Town of Stoneham under Civil Service; said act to further provide that said revocation shall apply to any person holding said Town Hall Custodian position on the effective date of the revocation, and that the revocation shall take effect on the passage of the act.
Motion Fails Per Moderator
*Selectmen Charlie Smith attempts to ask for Reconsideration at the start of TM on May 8th because the Town Administrator was out of the room when article was presented. Moderator will not entertain because he was not on the prevailing side. Charlie Smith withdraws his motion.
Moderator Recessed Annual for Special Town Meeting at 8:04
Annual Town Meeting Resumed at 8:51PM
Article 6. To see if the Town will vote to accept the provisions of Chapter 40, Section 22F of the General Laws which authorizes town boards and officers empowered to issue licenses, permits, certificates, or to render a service or perform work for a person or class of persons to fix reasonable fees for all such licenses, permits or certificates issued pursuant to statutes or regulations and to fix reasonable charges to be paid for any services rendered or work performed by the town for any person or class of persons; provided however, that in the case of a board or officer appointed by an elected board, the fixing of such fee shall be subject to the review and approval of such elected
board. The right of town boards and officers to fix fees pursuant to Section 22F of Chapter 40 does not apply to certain limited fees specified in Section 22F of Chapter 40.
Or do anything in relation thereto.
Board of Selectmen
Article 6. Voted that the Town will vote to accept the provisions of Chapter 40, Section 22F of the General Laws which authorizes town boards and officers empowered to issue licenses, permits, certificates, or to render a service or perform work for a person or class of persons to fix reasonable fees for all such licenses, permits or certificates issued pursuant to statutes or regulations and to fix reasonable charges to be paid for any services rendered or work performed by the town for any person or class of persons; provided however, that in the case of a board or officer appointed by an elected board, the fixing of such fee shall be subject to the review and approval of such
elected board. The right of town boards and officers to fix fees pursuant to Section 22F of Chapter 40 does not apply to certain limited fees specified in Section 22F of Chapter 40.
Motion to Move the Question
Question Moved
Vote on the Main Motion
Majority Vote Required
Motion Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 7. To see if the Town will vote to reduce the amount of Real Estate Tax due on certain property that is owned, or jointly owned, by a senior citizen; and to petition the Legislature for approval etc., if necessary, or do anything in relation thereto.
John M. DeGeorge et al
148 Franklin Street
Article 7. Voted that the Town petition the Legislature for a Special Act that provides for the intent of the following: Senior Citizen owned property that is the principle residence of the owner(s) shall be taxed at $500.00 less than the applicable “Real Estate Tax Rate” calculated amount; or at an increased reduction amount in the future, if so approved by a majority vote of Town Meeting or a majority vote of the sitting members of the Board of Selectmen, provided that:
a) the principle residence is a single family unit, a townhouse unit, or a condominium unit, and
b) prior to January 1, of the applicable fiscal year, all of the permanent residents are seventy (70) years of age or over; or under seventy (70) but are substantially incapacitated and permanently disabled as determined by federal and/or state laws, statutes or regulations, and
c) all permanent occupants are certified residents of the town of Stoneham, and
d) the tax on the principle resident property has not been, nor is in the process of being, reduced by a Board of Assessors approved Senior Citizen Exemption.
This Special Act shall go into effect, as of, or retroactive to, the start of Fiscal Year “2004”; and shall continue in perpetuity, unless otherwise changed by a unanimous, or a hand count four-fifths (4/5), vote at a subsequent Town Meeting.
The Board of Assessors shall be responsible and authorized to take any and all action necessary to carry out and implement the intent and provisions of this Act.
Motion to Move the Question
Question Moved
Majority Vote Required
Motion Fails per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 8. To see if the town will vote to approve the provisions of Chapter 184 Section 51 of the Acts of 2002, which amends MGL Chapter 59, Sec. 5, Clause 41C.
(Explanation: this article changes the eligibility and age requirements for the Senior Citizen Exemption by decreasing the eligibility age from 70 to 65; increases the amount of the exemption from $500 to $1000; increases amount of gross receipts from $13,000 for single and $15,000 if married to $20,000 single and $30,000 married; and increases the whole estate limit from $28,000 if single and $30,000 for married to $40,000 for single and $55,000 for married. This will go into effect for fiscal year 2004.)
Board of Assessors
Article 8. Voted that the Town approve the provisions of Chapter 184, Section 51 of the Acts of 2002, which amends MA General Laws, Chapter 59, Section 5, Clause 41C.
Motion to Move the Question
Question Moved
Vote on Main Motion
Majority Required
Motion Passes Unanimous
Motion for Reconsideration
Cannot Be Reconsidered
Article 9. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, zoning Bylaw by amending Section 4.15 as follows:
4.15 Medical/OfficeDistrict:
4.15.1 Purpose: The purpose of the Medical/Office District is to provide an area for medical and related
services, and to provide for a park-like development of general office, technological and research
related uses.
4.15.2 Uses related to the Medical/Office District permitted with Site Plan Approval by the Board of
Selectmen:
4.15.2.1 Elder congregate housing.
4.15.2.2 Hospital, related medical treatment, diagnostic care and services
4.15.2.3 Health Care Practice and Services whether offered in an individual or group practice setting, including free standing and mobile diagnostic facilities.
4.15.2.4 Resident care living facility, including without limitation, nursing facility, assisted living facility, hospice care facility and long term care facility.
4.15.2.5 Medical, Professional, Administrative, Executive or Management Offices.
4.15.2.6 Medical laboratories or clinics, dental laboratories or clinics.
4.15.2.7 Clinics licensed by the Department of Public Health or by the Department of Mental Health.
4.15.2.8 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district and are no greater than 5% of the gross floor area of the building in which the accessory use is located. Further provided that there shall be no exterior advertising of accessory uses.
4.15.2.9 General administrative office building or conference center.
4.15.2.10 Research Laboratory engaged in any one of the following: research, experimental and testing activities, and production, including chemistry, electronics, engineering, geology, medicine and physics, but not including biological and/or genetic laboratory or research activity.
4.15.2.11 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district, including:
4.15.2.12 Restaurant, public dining room or lunch room, of which the gross floor area of said restaurant, public dining room or lunch room, shall not be greater than five thousand (5,000) square feet.
4.15.2.13 Multi-level parking facility including enclosed and open facilities and above and below ground.
4.15.2.14 Non-residential uses that provide services ancillary to uses permitted in the district including, without limitation maintenance shop, machine shop, water tower, steam plant and power plant.
4.15.3 Uses permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the
Board of Selectmen after concurrent hearings held by the boards:
4.15.3.1 Medical schools, medical training facilities and training facilities for health professionals.
4.15.3.2 Hotels including both full service and extended stay and related accessory uses in support of a
hotel such as dining facilities, meeting rooms and shops wholly within the hotel building.
4.15.3.3 Research Laboratory engaged in the fields of biology and/or genetic laboratory or research
activity.
4.15.3.4 Accessory uses greater than 5% of the gross floor area of the building. Further provides that there
shall be no exterior advertising of accessory uses.
and by amending Section 5.2.1 “Table One-Dimensional Requirements” as follows:
Minimum lot Frontage
Size in lot Width in Percent Minimum Set back in Feet Height in
District Square feet Feet Coverage Front Side Rear Feet
Medical/ 130,000 150 Note (15) 40 20(14) 20(14) 80
Office (14)
(14) For the Medical/Office District: 200 foot building setback and 80 foot parking setback from Woodland Road. For parking purposes, side and rear setbacks shall be 10 feet.
Charles F. Houghton et al
15 Kimball Drive
Article 9. Voted that the Town will vote to amend the Stoneham Town Code, Chapter 15, zoning Bylaw by amending Section 4.15 as follows:
4.16 Medical/OfficeDistrict:
4.16.1 Purpose: The purpose of the Medical/Office District is to provide an area for medical and related
services, and to provide for a park-like development of general office, technological and research
related uses.
4.16.2 Uses related to the Medical/Office District permitted with Site Plan Approval by the Board of
Selectmen:
4.16.2.1 Elder congregate housing.
4.16.2.2 Hospital, related medical treatment, diagnostic care and services
4.16.2.3 Health Care Practice and Services whether offered in an individual or group practice setting, including free standing and mobile diagnostic facilities.
4.16.2.4 Resident care living facility, including without limitation, nursing facility, assisted living facility, hospice care facility and long term care facility.
4.16.2.5 Medical, Professional, Administrative, Executive or Management Offices.
4.16.2.6 Medical laboratories or clinics, dental laboratories or clinics.
4.16.2.7 Clinics licensed by the Department of Public Health or by the Department of Mental Health.
4.16.2.8 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district and are no greater than 5% of the gross floor area of the building in which the accessory use is located. Further provided that there shall be no exterior advertising of accessory uses.
4.16.2.9 General administrative office building or conference center.
4.16.2.10 Research Laboratory engaged in any one of the following: research, experimental and testing activities, and production, including chemistry, electronics, engineering, geology, medicine and physics, but not including biological and/or genetic laboratory or research activity.
4.16.2.11 Accessory uses incidental to and in support of any of the principal uses permitted, provided that such uses shall be conducted for the convenience of the employees and the clientele of businesses within the district, including:
4.16.2.12 Restaurant, public dining room or lunch room, of which the gross floor area of said restaurant, public dining room or lunch room, shall not be greater than five thousand (5,000) square feet.
4.16.2.13 Multi-level parking facility including enclosed and open facilities and above and below ground.
4.16.2.14 Non-residential uses that provide services ancillary to uses permitted in the district including, without limitation maintenance shop, machine shop, water tower, steam plant and power plant.
4.16.3 Uses permitted on a Special Permit Granted by the Planning Board and Site Plan Approval by the
Board of Selectmen after concurrent hearings held by the boards:
4.16.3.1 Medical schools, medical training facilities and training facilities for health professionals.
4.15.3.2 Hotels including both full service and extended stay and related accessory uses in support of a
hotel such as dining facilities, meeting rooms and shops wholly within the hotel building.
4.15.3.4 Research Laboratory engaged in the fields of biology and/or genetic laboratory or research
activity.
4.15.3.4 Accessory uses greater than 5% of the gross floor area of the building. Further provides that there
shall be no exterior advertising of accessory uses.
and by amending Section 5.2.1 “Table One-Dimensional Requirements” as follows:
Minimum lot Frontage
Size in lot Width in Percent Minimum Set back in Feet Height in
District Square feet Feet Coverage Front Side Rear Feet
Medical/ 130,000 150 Note (15) 40 20(14) 20(14) 80
Office (14)
(14) For the Medical/Office District: 200 foot building setback and 80 foot parking setback from Woodland Road. For parking purposes, side and rear setbacks shall be 10 feet.
Motion to Move the Question
Motion for Indefinite Postponement
Requires Majority Vote
Indefinite Postponement Fails Per Moderator
Motion to Move Main Question
Question Moved
Requires ? Vote
Hand Count
Tellers Enlisted
Yes No
134 94
Motion Fails
Motion for Reconsideration
Requires ? Vote
Hand Count
Tellers Enlisted
Yes No
136 94
Motion Fails
Cannot be Reconsidered
(Tellers sworn in for the hand count by the Town Clerk- Frances Akell, Annamae Arsenault, Jeanne Craigie, Peg Daniels, Pete Daniels & Marian Towse)
Annual Town Meeting adjourned for the night at 11:12PM to be continued Thursday, May 8, 2003 at 7:30PM
Annual Town Meeting reconvened Thursday, May 8, 2003 and was called to order at 7:42PM
* Selectmen Charles Smith immediately asks for reconsideration of Article 5 (as requested in writing May 7, 2003 at 9:24AM) due to the Town Administrator being out of the room when the article was originally presented and voted. Jean Craigie has a point of information, reconsideration must be asked by someone on the prevailing side. Moderator Michael Rotondi chooses not to entertain Mr. Smith’s motion for reconsideration and Mr. Smith withdraws it.
Article 10. To see if the Town will vote to amend the Stoneham Town Code, Chapter 15, the Zoning By-law map by placing the following described lands in the Residence B District:
Beginning at a point on the Southerly side of Hillside Road bounded and described as follows:
Southeasterly by Number 10 Hillside Road one hundred thirteen (113.00’) feet;
Southerly by lots 65 and 66 fifty (50.00’) feet;
Easterly by land of Stone Hill Garden Trust seventy-five (75.00’) feet;
Southerly by land of Stone Hill Garden Trust one hundred eighty-five (185.00’) feet;
Westerly by land of Stone Hill Garden Trust two hundred sixty-five (265.00’) feet;
Northerly by land of Stone Hill Garden Trust two hundred forty (240.00’) feet;
Easterly by land of Stone Hill Garden Trust thirty-five (35.00’) feet;
Northerly by land of Stone Hill Garden Trust nine (9.00’) feet;
Easterly by Hillside Road forty (40.00’) feet; and
Northerly by Hillside Road thirty-six (36.00’) feet.
Charles F. Houghton et al
15 Kimball Drive
Article 10. Voted that the Town amend the Stoneham Town Code, Chapter 15, Zoning
Bylaw map by placing the following described lands in the residence B District:
Beginning at a point on the Southerly side of Hillside Road being (81.93’) feet west of the Point of Curvature at
the Lot Corner of #10 and #8 bounded and described as follows:
Southwesterly by Number 10 Hillside Road (112.69’) feet;
Northwesterly by Number 12 Hillside Road (23.85’) feet;
Northwesterly by Number 12 Hillside Road (26.15’) feet;
Southwesterly by land of Stone Hill Garden Trust (80.00’) feet;
Northwesterly by land of Stone Hill Garden Trust (185.00’) feet;
Northeasterly by land of Stone Hill Garden Trust (310.00’) feet;
Southeasterly by land of Stone Hill Garden Trust (209.73’) feet;
Southwesterly by number nine Hillside Road (81.10’) feet;
Southeasterly by land of Stone Hill Garden Trust (8.23’) feet;
Southwesterly by the Limit of Taking of Hillside Road (40.00’) feet;
Southeasterly by Hillside Road (35.48’) feet to said point of beginning.
Containing an area of 67,940 Square Feet more or less
Motion to Move Question
Question Moved
? Vote Required
Motion Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
*Sent to Attorney General June 17, 2003
*Approved by the Attorney General September 8, 2003
Article 11. To see if the Town will vote to amend the Stoneham Town Code, Chapter 2 as follows:
1. Section 2-1. Exemption of firemen from jury duty.
Renumber Section 2-1 as Subdivision III Fire Department, Section 10-40.
2. Section 2-16. Creation: Composition: Terms of members: Subsequent appointments: Vacancies, Removal.
Amend Section 2-16 by deleting the second sentence which reads as follows “The board shall consist of those members serving at the time of adoption of this amendment in addition to any members appointed by
the Moderator to fill any vacancies then existing for the unexpired term of such vacancy. As the term of each member expires, successor members shall be appointed by the Moderator for a term of three (3) years.
3. Section 2-17. Other offices held by members; compensation and term of members; organization.
Amend Section 2-17 by deleting the first paragraph which reads as follows: “No member of the board shall hold any elective or appointive town office or shall be a member of any town committee; except, that a member of the finance and advisory board may also be a member of the collective bargaining committee for the town or any other committee which is appointed for the purpose of considering an expenditure of funds of the town in excess of twenty-five thousand dollars ($25,000).”
4. Section 2-19. Financial estimates of boards, officers, etc., expending town money-Preparation and filing.
Amend Section 2-19 as follows:
(i) By deleting the first two subparagraphs which reads as follows:
The various town boards, officers and committees charged with the expenditure of town money shall, one hundred twenty (120) days before the start of the Annual Town Meeting, prepare and file detailed estimates of the amounts deemed necessary for the administration of their respective offices or departments for the ensuing year, with explanatory statements of the reasons for any change for the amounts appropriated for the same purpose in the preceding year.
They shall also prepare estimates of all probable items of income which may be received by them during the ensuing year in connection with the administration of their departments or offices and a statement of the amount of the appropriation requested by them for the ensuing year. Such estimates shall be filed with the Town Administrator who shall transmit them to the clerk of the Finance and Advisory Board, in addition such estimates shall be filed with the Town Accountant under the provisions of Chapter 41, Section 59, of the General Laws of the Commonwealth of Massachusetts.
(ii) By amending the third subparagraph to read as follows:
The Finance and Advisory Board shall duly consider the tentative budget submitted by the Board of Selectmen pursuant to Section 16 of the Selectmen-Administrator Act and may confer with town boards, officers and committees and hold hearings, if they deem it advisable.
5. Section 2-24. Contracts-interest of officer or board making on behalf of town.
Delete Section 2-24 which reads as follows: “No officer or board of the town shall make any contract on behalf of the town in which such officer or any member of such board is directly or indirectly financially interested, except competitive contracts.”
6. Section 2-25. Contracts exceeding five hundred dollars; approval of legal form.
Amend Section 2-25 to read as follows: “No contract, involving an obligation of the town, exceeding the sum established by G.L. c.30B, sec. 17 shall be binding upon the town unless it is in writing and is signed by the respective contracting authority. The contracting authority shall make a record of every such contract. No contract shall be binding upon the town unless it has been approved in writing as to legal form by the town counsel and includes a certification as to the availability of funds by the Town Administrator.
7. Section 2-28. Compensation besides official salary.
Delete Section 2-28 which reads as follows: “No town officer and no salaried employee of the town or any agent to any such officer or employee shall receive any compensation or commission for work done by him for the town, except his official salary, without the permission of the selectmen expressed in a vote which shall appear on their records with the reasons therefor.”
8. Section 2-29. Sales of materials, etc., to own department.
Delete Section 2-29 which reads as follows: “No town officer and no salaried employee of the town or any
Agent of any such officer or employee shall sell materials or supplies to the department of the town of which he is an officer, employee or agent, without the permission of the selectmen expressed in a vote which shall appear in their records with the reasons therefor.”
9. Section 2-30. Employment by persons dealing with town.
Delete Section 2-30 which reads as follows: “Any elective or appointive official serving on any town board or committee or town office, whose employment is such, whether permanent, part-time, temporary or in a professional or consulting basis or having any financial interest in or deriving financial gain from any person whose business, when conducted with the town, requires the approval of or is regulated by any town board or committee of which he is a member, shall, within ten days after either election or appointment to a town board or committee or office or within ten days of becoming affiliated with any person doing business with the town, file with the town clerk the following information: Any financial interest in, or employment by the previously stated person.
It shall then be the duty of the town clerk to have such reports published in the newspapers of the town within three weeks following receipt of such information.
10. Section 2-33. Notice of required public hearings.
Delete Section 2-33 which reads as follows: “All committees to whom any matter which requires a public
hearing is referred by the town shall give a public notice thereof, stating the time and place of such hearing.”
11. Section 2-34. Reports.
Delete Section 2-34 which reads as follows: “Every committee shall file a written report with the town clerk at least every four months unless otherwise directed by the town. The town clerk shall forthwith transmit such report to the selectmen and the finance and advisory board. The final report for the year shall be made as early as practicable and shall, if the selectmen deem expedient, be printed in the annual town report.”
12. Section 2-35. Appointment and duties of organ committee.
Delete Section 2-35 which reads as follows: “The moderator shall, annually in the month of March, appoint a committee of three citizens of the town to be known as the town organ committee. This committee shall have charge of the town organ, make rules and regulations for its care and use and supervise all repairs and maintenance thereon.”
13. Section 2-36. Committees and Certain Boards.
Delete Section 2-36 which reads as follows: “A member of an appointed Board may be removed for cause. Such removal shall be effected by a two-thirds vote of the remaining members of the Board, but only after the person sought to be removed has had a hearing before the remaining members, at which he has had the opportunity to refute any allegations concerning his membership. The results of the vote after such hearing shall be filed with the Town Clerk. If the vote is for removal, the Town Clerk shall notify the effected
member and the appointing authority of such action, and upon receipt of such notification the effected member will be deemed to have been removed from the Board. The foregoing procedure shall not be applicable to members of the Finance and Advisory Board.”
14. Section 2-37. Filling of vacancies.
Delete Section 2-37 which reads as follows: “The incumbent moderator shall be authorized to fill any vacancy on any committee appointed by him or any previous moderator.”
15. Section 2-37.1 Appointment and duties of Economic Development Committee.
Delete Section 2-37.1 which reads as follows: “Shall be responsible for developing and promoting all the economic resources of the Town for the purpose of expanding its tax base, shall be authorized to meet with and advise town departments of its findings, and shall annually report its activities to the town meeting. Said committee shall be comprised of seven (7) members as follows: one member each of the Board of Selectmen, Board of Assessors, Planning Board, Board of Public Works, and three (3) members who shall be residents of the Town, one of whom shall have experience in real estate. Initial appointments shall be made as follows: three members for terms of three years, two members for terms of two years, and two members for terms of one year. All subsequent appointments,
except for filing vacancies, shall be for three year terms. All existing committees whose purposes are the same or similar to the purposes of the aforementioned committee shall be dissolved.”
16. Add the following, as Section 2-33. Committees – Generally
Any committee, excluding the Finance and Advisory Board, formed by town meeting, the town moderator or the board of selectmen shall include and/or comply with the following requirements and provisions:
(a) Mission Statement: there shall be a mission statement established for the committee by the governmental body or official which formed the committee (“formation authority”) or in lieu thereof by the governmental body or official which appoints the members of the committee (“appointing authority”) (hereinafter referred to as the formation or appointing authority, without reference to the phrase “in lieu thereof”). The mission statement may be amended by said formation or appointing authority as deemed appropriate.
(b) The limit, if any, on the life of the committee (sunset provision).
© Members/Method of Appointment: the size of the committee shall be established by the formation or appointing authority. The size of the committee may be amended by said formation or appointing authority as deemed appropriate. The method of appointment shall be established by the formation or appointing authority. The motion for this article may include a method for filling vacancies.
(d) The term of appointment, including whether the term is definite or indefinite, of the members of
the committee.
(e) Notice of Committee Formation and Appointment Process: the formation or appointing authority
shall provide public notice of the formation of the committee and the appointment date by providing written notice of the said formation and appointment process to the Town Clerk and by publishing notice thereof in a newspaper of general circulation in the town, each no less than fourteen (14) days prior to the selection of committee members. Any details of the appointment process, including qualifications for appointment, if any, shall be provided to the Town Clerk with the above referenced written notice, and may be included in the published notice.
(f) Minutes: Minutes of each committee meeting shall be by each committee to the Town Clerk and to the
Board of Selectmen, and as otherwise provided in the vote forming the committee. Said minutes shall be provided in a reasonably timely manner.
(g) Reports: Every committee shall file a written report with the appointing authority, the town clerk
and the finance and advisory board at least once every six (6) months, unless otherwise directed by the formation or appointing authority. The final report in any calendar year shall, if the selectmen deem appropriate, may be printed in the annual town report. The motion for this article will include provisions regarding a final report and a minority report.
(h) Meeting attendance requirements to retain membership, if any.
(i) Meeting with Appointing Authority - If requested by the appointing authority, a committee shall
meet with said appointing authority upon reasonable written notice.
(j) No Authority to Expend Funds: No committee shall have authority to expend town funds, nor
commit the town to the expenditure of any funds.
(k) Removal: Removal provisions will be included in the motion for this article at the town meeting.
(l) The Town Clerk shall maintain a complete list of town committees based on information supplied
in writing by the formation and appointing authorities. (This requirement shall be cross-referenced in Article VIII. Town Clerk.)
17. Section 2-42. Defense and settlement of claims and suits against town; suits to collect sums due town.
Delete Section 2-42 which reads as follows: “The selectmen shall defend all claims and suits brought against the town, except such cases as relate to taxation, and may settle at their discretion any such claim or suit to which the town is a party and which does not require the payment of more than one thousand dollars ($1,000). Any settlement requiring a payment greater than one thousand dollars ($1,000), except as authorized by law, shall be made only when authorized by the voters at a town meeting. The selectmen shall bring any necessary suits to collect sums due the town.”
18. Section 2-47. Prosecution of suits by town; defense of actions against town; trial of cases
before tribunals, referees, etc.
Amend Section 2-47 to read as follows: “The Town Counsel shall prosecute actions or suits brought by the
town administrator or a duly authorized officer or board of the town with the approval of the town administrator, and shall appear before any court in the Commonwealth in defense of actions or suits brought against the town, its officers and employees acting in their official capacity or within the scope of their duties. The town counsel shall try cases to which the town is a party or an interested party before any tribunal or administrative agency.”
19. Section 2-48. Settlement of litigation.
Amend Section 2-48 to read as follows: “The town counsel shall not make final settlement of any litigation to which the town is a party, unless duly authorized to do so by the town administrator and/or a duly authorized officer or board of the town with the approval of the town administrator.”
20. Section 2-49. Prosecution of statute or bylaw violations.
Amend Section 2-49 to read as follows: “The town counsel shall, if requested by the town administrator or a town official(s) or officer(s) having enforcement authority together with the approval of the town administrator, represent the Town in pursuing prosecution of applicable law, bylaws and regulations.”
21. Section 2-57. Treasurer – Custody of bonds and insurance policies of town.
Amend Section 2-57 by deleting the words “and insurance policies” and by substituting “town
administrator” for “selectmen”.
22. Section 2-57.1. Interest Proceeds
Delete Section 2-57.1 which reads as follows: “Interest income from grants, in addition to Chapter 90 Highway Programs, accelerated highway, bridge and economic development programs and bond funds shall be used without further appropriation for the purposes that the grants and/or bonds were authorized and such sums to be deposited in the specific accounts for which the funds were authorized. Such accounting for interest income shall be effective January 1, 1988.”
23. Sec. 2-58. Same – Annual report.
Delete paragraph (d) which reads as follows: “A list of all insurance held by the town.”
24. Article XIII. Gas Inspection – Sections 2-65 through 2-67
Delete Sections 2-65 through 2-67.
Re-number any of the Sections in Article II, as appropriate, as a result of the adoption by Town Meeting of any of the amendments proposed herein.
Or do anything in relation hereto.
Board of Selectmen
Article 11. Voted that the Town amend the Stoneham Town Code, Chapter 2 as follows, with the strikeouts (lines through the words) indicating deletions and the bold text indicating additions to said Chapter 2.
ARTICLE I. IN GENERAL
Sec. 2_1. Exemption of firemen from jury duty. Reserved.
Enginemen and members of the town fire department shall be exempt from jury duty as provided for under the provisions of Chapter 234, Section 1 of the General Laws of Massachusetts. (11_12_73, Art. 7) Renumber Section 2-1 as Subdivision III Fire Department, Section 10-46.
ARTICLE II. TOWN MEETINGS
Sec. 2_2. Annual meeting—Date.
The annual town meeting for the election of town officers shall be held on the first Tuesday in April of each year. (4_10_78, Art. 8)
Sec. 2_3. Annual meeting—Adjourned sessions.
All business of the annual town meeting except the election and the determination of such matters as by law are required to be elected or determined at the first session of such meeting, shall be considered at an adjournment thereof which adjournment shall be held on the first Monday in May at 7:30 P.M. and on the following Thursday at 7:30 P.M. and every consecutive Monday and Thursday thereafter at 7:30 P.M. until the business before the town in the annual meeting warrant is completed. (4_11_83, Art. 12)
ARTICLE III. FINANCE AND ADVISORY BOARD
Sec. 2-16. Creation: Composition: Terms of members: Subsequent appointments: Vacancies, Removal.
There shall be a Finance and Advisory Board consisting of eleven (11) members, all of whom shall be registered voters of the town. The board shall consist of those members serving at the time of adoption of this amendment in addition to any members appointed by the Moderator to fill any vacancies then existing for the unexpired term of such vacancy. As the term of each member expires, successor members shall be appointed by the Moderator for a term of three (3) years. Any vacancies on the Board other than by normal expiration of a term shall be filled by the Moderator for the unexpired term. Whether the appointment by the Moderator be for a full three (3) year term or to fill a vacancy for an unexpired term, the remaining members of the Finance and Advisory Board
shall evaluate prospective members and make recommendations to the Moderator.
After notification properly given to all members setting forth reasons and after a hearing for cause the Finance and Advisory Board, upon a two-thirds vote of those members of the Board present and voting, can request and the Town Moderator can remove a member from said Finance and Advisory Board before said member's term has concluded. Said removal shall be made in writing to the member to be removed and to the Town Clerk at which time the removed member's position shall be considered vacant. (5-8-86, Art. 27)
Sec. 2_17. Other offices held by members; compensation and term of members; organization.
No member of the board shall hold any elective or appointive town office or shall be a member of any town committee; except, that a member of the finance and advisory board may also be a member of the collective bargaining committee for the town or any other committee which is appointed for the purpose of considering an expenditure of funds of the town in excess of twenty_five thousand dollars ($25,000).
The members of the board shall serve without salary. The term of the members shall commence the first of June following their appointment. Such board shall meet for organization and shall choose its own chairman and clerk not later than the fifteenth day of June of each year. (1932 Bylaws, Art. 2, Sec. 2; 10_18_37, Art. 19; 3_17_69, Art. 19)
Sec. 2_18. Matters to be considered.
The finance and advisory board shall consider matters relating to the appropriation, the borrowing and the expenditures of money by the town; its indebtedness; the methods of administration of its various officers and departments: property valuation and assessments; revenue sources and other municipal affairs; and make recommendations to the town, and any town board, officer or committee, relative to such matters. (1932 Bylaws, Art. 2, Sec 3; revenue sources, 5-4-92)
Sec. 2_19. Financial estimates of boards, officers, etc., expending town money—Preparation and filing.
The various town boards, officers and committees charged with the expenditure of town money shall, one hundred twenty (120) days before the start of the Annual Town Meeting, prepare and file detailed estimates of the amounts deemed necessary for the administration of their respective offices or departments for the ensuing year, with explanatory statements of the reasons for any change for the amounts appropriated for the same purpose in the preceding year.
They shall also prepare estimates of all probable items of income which may be received by them during the ensuing year in connection with the administration of their departments or offices and a statement of the amount of the appropriation requested by them for the ensuing year. Such estimates and statements shall be filed with the Town Administrator who shall transmit them to the clerk of the Finance and Advisory Board, in addition such estimates shall be filed with the Town Accountant under the provisions of Chapter 41, Section 59, of the General Laws of the Commonwealth of Massachusetts.
The Finance and Advisory Board shall duly consider the estimates so submitted and may
confer with the town board, officers and committees and hold hearings, if they deem it advisable.
The Finance and Advisory Board shall duly consider the tentative budget submitted
by the Board of Selectmen pursuant to Section 16 of the Selectmen-Administrator Act and may confer with town boards, officers and committees and hold hearings, if they deem it advisable.
The board shall make a report of the matters so considered by it with recommendations or suggestions relative thereto and such recommendations or suggestions shall be published by the last Monday in April.
Such report of the Finance and Advisory Board, as published, shall also contain a statement of the doings of the Board during the year, with such recommendations or suggestions as it may deem advisable on any matters pertaining to the welfare of the Town. (5-6-85, Art. 29; 5-2-94, Art. 4)
Sec. 2_24. Contracts – interest of officer or board making on behalf of town. Reserved.
No officer or board of the town shall make any contract on behalf of the town in which such officer or any member of such board is directly or indirectly financially interested, except competitive contracts. (1932 Bylaws, Art. 3, Sec. 2)
Sec. 2_25. Same– Contracts exceeding five hundred dollars; approval of legal form.
No contract, involving an obligation of the town, exceeding the sum of five hundred dollars, shall be binding upon the town unless it is in writing and is signed by at least a majority of the board or committee duly authorized or having control of the appropriation against which such obligation is incurred; and such board or committee shall make a record of every such contract in a book which shall be the property of the town. No contract shall be binding upon the town unless it has been approved in writing as to legal form by the town counsel. (1932 Bylaws, Art. 3, Sec 3; 3_15_54, Art. 55)
No contract, involving an obligation of the town, exceeding the sum established by GL. c.30B, sec. 17 shall be binding upon the town unless it is in writing and is signed by the respective contracting authority. The contracting authority shall make a record of every such contract. No contract shall be binding upon the town unless it has been approved in writing as to legal form by the town counsel and includes a certification as to the availability of funds by the Town Accountant.
Sec. 2_26. Residency Requirement - Boards, Commissions and Committees.
No person shall be appointed to or serve on a board, commission or committee of the Town or any other board, commission or committee for which the appointment thereto is by a town board or officer, unless such person is a resident of the Town. Any person serving as a member of a board, commission or committee who, during the term of office for which appointed, ceases to be a resident of the town, shall be deemed to have vacated such membership.
The provisions of this bylaw shall not apply to ex-officio members (including any non-resident town officer(s) or employee(s) representing the Town in such capacity), non-voting members, or members of a board, commission or committee holding such membership at the time this bylaw becomes effective. (5-3-99, Art. 23)
Sec. 2_27. Deleted.
(5-9-91, Art. 10)
Sec. 2_28. Compensation besides official salary. Reserved.
No town officer and no salaried employee of the town or any agent to any such officer or employee shall receive any compen-sation or commission for work done by him for the town, except his official salary, without the permission of the selectmen expressed in a vote which shall appear on their records with the reasons therefor. (1932 Bylaws, Art. 3, Sec. 6)
Sec. 2_29. Sales of materials, etc., to own department. Reserved.
No town officer and no salaried employee of the town or any agent of any such officer or employee shall sell materials or supplies to the department of the town of which he is an officer, employee or agent, without the permission of the selectmen expressed in a vote which shall appear in their records with the reasons therefor. (1932 Bylaws, Art. 3, Sec. 7)
Sec. 2_30. Employment by persons dealing with town. Reserved.
Any elective or appointive official serving on any town board or committee or town office, whose employment is such, whether permanent, part_time, temporary or in a professional or consulting basis or having any financial interest in or deriv-ing financial gain from any person whose business, when conducted with the town, requires the approval of or is regu-lated by any town board or committee of which he is a member, shall, within ten days after either election or appointment to a town board or committee or office or within ten days of be-coming affiliated with any person doing business with the town, file with the town clerk the following information: Any finan-cial interest in, or employment by the previously stated person.
It shall then be the duty of the town clerk to have such reports published in the newspapers of the town within three weeks following receipt of such information. (3_19_62, Art. 52)
Sec. 2_31. Filing and publication of annual reports.
Every officer in charge of a department shall annually, on or before the tenth day of January, transmit to the selectmen, in writing, a report containing a statement of the acts and doings of his department for the past financial year; such report shall be printed in the annual report. (1932 Bylaws, Art. 3, Sec. 8)
Sec. 2-32. Payment to treasurer and report to town accountant of funds received for town.
All officers shall pay to the treasurer forthwith, except as otherwise provided by the statutes of the Commonwealth, all amounts received by them on behalf of the town, and make a true return to the town accountant, stating the accounts upon which such amounts were received. (1932 Bylaws, Art. 3, Sec. 9)
ARTICLE V
. COMMITTEES
Sec. 2_33. Notice of required public hearings. Reserved.
All committees to whom any matter which requires a public hearing is referred by the town shall give a public notice thereof, stating the time and place of such hearing. (1932 Bylaws, Art. 4, Sec. 1)
Sec. 2-33. Committees - Generally
Any committee, excluding the Finance and Advisory Board, formed by town meeting, the town moderator or the board of selectmen shall include and/or comply with the following requirements and provisions:
(a) Mission Statement: there shall be a mission statement established for the committee by the governmental body or official which formed the committee (“formation authority”) or in lieu thereof by the governmental body or official which appoints the members of the committee (“appointing authority”) (hereinafter referred to as the formation or appointing authority, without reference to the phrase “in lieu thereof”) The mission statement may be amended by said formation or appointing authority as deemed appropriate
(b) Term of the Committee: The limit, if any, on the life of the committee (sunset provision) shall be determined by the formation or appointing authority.
(c) Members/Method of Appointment: the size of the committee shall be established by the formation or appointing authority. The size of the committee may be amended by said formation or appointing authority as deemed appropriate. The method of appointment shall be established by the formation or appointing authority. Any vacancy on a committee shall be filled by the respective formation or appointing authority.
(d) Term of appointment: The term of committee appointments, including whether the term is definite or indefinite shall be determined by the the formation or appointing authority.
(e) Notice of Committee Formation and Appointment Process: the formation or appointing authority shall provide public notice of the formation of the committee and the appointment date by providing written notice of the said formation and appointment process to the Town Clerk and by publishing notice thereof in a newspaper of general circulation in the town, each no less than fourteen (14) days prior to the selection of committee members. Any details of the appointment process, including qualifications for appointment, if any, shall be provided to the Town Clerk with the above referenced written notice, and may be included in the published notice.
(f) Minutes: Minutes of each committee meeting shall be provided by each committee to the Town Clerk and to the Board of Selectmen, and as otherwise provided in the vote forming the committee. Said minutes shall be provided in a reasonably timely manner.
(g) Reports: Every committee shall file a written report with the appointing authority, the town clerk and the finance and advisory board at least once every calendar year, unless otherwise directed by the formation or appointing authority. The final report in any calendar year shall, if the selectmen deem appropriate, may be printed in the annual town report.
(h) Meeting attendance: meeting attendance requirements to retain membership, if any, shall be determined by the formation or appointing authority.
(i) Meeting with Appointing Authority: If requested by the formation or appointing authority, a committee shall meet with the respective authority upon reasonable written notice.
(j) No Authority To Expend Funds: No committee shall have authority to expend town funds, nor commit the town to the expenditure of any funds.
(k) Removal: A member of a committee may be removed for cause as follows (:
(1) If the committee member was appointed by a board, including the board of selectmen, removal shall be effectuated by a four-fifths vote of said board, but only after the committee member sought to be removed has had a hearing before the board, at which at which the committee member has had the opportunity to refute any allegations concerning continued membership If the vote is for removal, the board shall notify the Town Clerk, and the Town Clerk shall notify the effected committee member. Upon receipt of such notification the effected member will be deemed to have been removed from the committee.
(2) If the committee member was appointed by the town moderator, removal shall be by the town moderator, but only after a recommendation for removal by a four-fifths vote of the remaining members of the committee to the town moderator. If there is a recommendation of removal, the committee shall notify the town moderator of such recommendation in writing. The decision as to whether or not to remove a committee member, whose removal was recommenced by the remaining members of the committee, rests with the town moderator, however removal can occur only after the committee member
sought to be removed has had a hearing before the committee or the moderator, at which at which the committee member has had the opportunity to refute any allegations concerning continued membership. If the town moderator decides to remove the committee member, the moderator shall notify the Town Clerk, and the Town Clerk shall notify the effected committee member. Upon receipt of such notification the effected member will be deemed to have been removed from the committee.
Loss of membership as a result of a failure to meet a meeting attendance requirement pursuant to subparagraph (h) above shall not be deemed to be removal from a committee, subject to the above procedural protections.
Nothing in this Section 2-33 shall be deemed to eliminate any committee currently established by the town meeting, town moderator or the board of selectmen.
Sec. 2_34 Reports Reserved.
Every committee shall file a written report with the town clerk at least every four months unless otherwise directed by the town. The town clerk shall forthwith transmit such report to the selectmen and the finance and advisory board. The final report for the year shall be made as early as practicable and shall, if the selectmen deem expedient, be printed in the annual town report. (1932 Bylaws, Art. 4, Sec. 2)
[New} Sec. 2-34. List of Committees - Town Clerk
The Town Clerk shall maintain a complete list of town committees and committee embers, based on information supplied in writing by the formation and appointing authorities.
Sec. 2_35. Appointment and duties of organ committee. Reserved.
The moderator shall, annually in the month of March, appoint a committee of three citizens of the town to be known as the town organ committee. This committee shall have charge of the town organ, make rules and regulations for its care and use and supervise all repairs and maintenance thereon. (3_16_42)
Sec. 2-36. Committees and Certain Boards. Reserved.
A member of an appointed Board may be removed for cause. Such removal shall be effected by a two-thirds vote of the remaining members of the Board, but only after the person sought to be removed has had a hearing before the remaining members, at which he has had the opportunity to refute any allegations concerning his membership. The results of the vote after such hearing shall be filed with the Town Clerk. If the vote is for removal, the Town Clerk shall notify the effected member and the appointing authority of such action, and upon receipt of such notification the effected member will be deemed to have been removed from the Board. The foregoing procedure shall not be applicable to members of the Finance and Advisory Board. (11-6-86, Art. 12)
Sec. 2_37. Filling of vacancies. Reserved.
The incumbent moderator shall be authorized to fill any vacancy on any committee appointed by him or any previous moderator. (3_28_66, Art. 45)
Sec. 2_37.1. Appointment and duties of Economic Development Committee. Reserved.
Shall be responsible for developing and promoting all the economic resources of the Town for the purpose of expanding its tax base, shall be authorized to meet with and advise town departments of its findings, and shall annually report its activities to the town meeting. Said committee shall be comprised of seven (7) members as follows: one member each of the Board of Selectmen, Board of Assessors, Planning Board, Board of Public Works, and three (3) members who shall be residents of the Town, one of whom shall have experience in real estate. Initial appointments shall be made as follows: three members for terms of three years, two members for terms of two years, and two members for terms of one year. All subsequent appointments, except for filling vacancies, shall be for
three year terms. All existing committees whose purposes are the same or similar to the purposes of the aforementioned committee shall be dissolved. (Art. 13; 4_3_79)
Sec. 2_37.2. Open Space and Recreation Advisory Committee; establishment and duties.
(a) Selection and term of members: The Open Space and Recreation Advisory Committee shall, at its inception, consist of all current members of the Youth Commission and Unicorn Recreational Area Committee, who will, if they so desire, complete their terms as scheduled, but shall serve the remainder of their scheduled terms as members of the Open Space and Recreation Advisory Committee. Subsequent appointments shall be made as follows: four (4) Committee members shall be appointed in the year 2000; three (3) Committee members shall be appointed in the year 2001; and four (4) Committee members shall be appointed in the year 2002, all for terms of three years. All subsequent appointments, except for the filling of vacancies, shall also be for three
(3) years.
(b) Vacancies: The Board of Selectmen shall, within sixty (60) days of a vacancy, appoint a new member to complete the unexpired term of any member who vacates his or her position on the Committee.
(c) Organizational meeting: The Committee shall meet for organizational purposes not later than thirty (30) days following the annual appointment of its members to elect its officers for a term of one year.
(d) Duties: The Committee duties shall include: providing advice and recommendations to the appropriate Town officials, both elected and appointed, regarding the open space and recreation needs of the Town including but not limited to the Golf Courses, Arena, all existing and future playgrounds and recreation areas, preparing and updating the Open Space and Recreation Plan, and developing recreational programs and activities for residents of the Town. (5-1-00, Art. 9)
Sec. 2_40. Appearance before state or county boards or commissions to protect interests of town.
The selectmen may appear, either personally, by the town counsel or by special counsel, before any court or any state or county board or commission, to protect the interest of the town, but are not authorized by this code to commit the town to any course of action. (1932 Bylaws, Art. 5, Sec. 2)
Sec. 2_41. Signing and sealing of conveyances of land.
All conveyances of land or interests in land shall be signed by a majority of the Board of Selectmen, unless otherwise provided by law or by vote of the town; and shall be sealed with the town seal. (1932 Bylaws, Art. 5, Sec. 3)
Sec. 2_42. Defense and settlement of claims and suits against town; suits to collect sums due town. Reserved.
The selectmen shall defend all claims and suits brought against the town, except such cases as relate to taxation, and may settle at their discretion any such claim or suit to which the town is a party and which does not require the payment of more than one thousand dollars ($1,000). Any settlement requiring a payment greater than one thousand dollars ($1,000), except as authorized by law, shall be made only when authorized by the voters at a town meeting.
The selectmen shall bring any necessary suits to collect sums due the town.(1932 Bylaws,Art.5, Sec. 4)
Sec. 2_43. Custody of bonds of treasurer and tax collector.
The bonds of the town treasurer and tax collector shall be kept in the custody of the Board of Selectmen. (1932 Bylaws, Art. 5, Sec. 5)
Sec. 2_44. Numbering of buildings.
The selectmen may order numbers to be affixed to or painted on the buildings on any street, in their discretion. The owners of every house shall comply with such order within ten days thereafter. (1932 Bylaws, Art. 5, Sec. 6)
ARTICLE VII. TOWN COUNSEL
Sec. 2_45. Appointment; qualifications; compensation.
The selectmen shall, annually in the month of March, appoint a town counsel, who shall be an attorney and counselor at law. He shall receive such compensation as the selectmen may determine, subject to the appropriation of the town therefor. (1932 Bylaws, Art. 6, Sec. 1)
.
Sec. 2_46. Duties, generally; employment of additional or special counsel by selectmen.
The town counsel shall act as the legal advisor and counselor of the town. It shall be his duty to examine or cause to be examined all titles to property in which the town may acquire an interest, to draft all deeds, obligations, contracts, bonds, leases, conveyances, agreements and other legal instruments, of whatever nature, which may be required by any bylaw, vote or action of the town or any board or officer to which the town or its agents may be a party and which by law, usage or agreement the town is to be at the expense of drawing.
The selectmen may, however, in any case, at their discretion, employ additional or special counsel. (1932 Bylaws, Art. 6, Sec. 2)
Sec. 2_47. Prosecution of suits by town; defense of actions against town; trial of cases before tribunals, referees, etc.
The town counsel shall prosecute all suits ordered to be brought by the town in accordance with the Selectmen-Administrator Act and shall appear before any court in the Commonwealth in defense of all actions or suits brought against the town or its officers in their official capacity. He shall try any and all cases to which the town shall be a party before any tribunal in this Commonwealth or before any board of referees or commissioners. (1932 Bylaws, Art. 6, Sec. 3)
Sec. 2_48. Settlement of litigation.
The town counsel shall not make final settlement of any litigation to which the town is a party, unless he has been duly authorized so to do by the selectmen town administrator and/or a duly authorized officer or board of the town with the approval of the town administrator if required, by the board having jurisdiction or by the town. (1932 Bylaws, Art. 6, Sec. 4)
Sec. 2_49. Prosecution of statute or bylaw violations.
The town counsel shall, if requested by the selectmen or chief of police the town administrator or a town official(s) or officer(s) having enforcement authority together with the approval of the town administrator, prosecute in the local district court any case of violation of the statutes of the Commonwealth or provisions of this code or other bylaws of the town. (1932 Bylaws, Art. 6, Sec. 5)
Sec. 2_55. Abstracts of official records of the town meetings.
The town clerk shall submit to the selectmen an abstract of the official records of all town meetings, and such abstracts shall be published in the town report. (1932 Bylaws, Art. 7, Sec. 4)
Sec. 2_56. Recording, filing and indexing of deeds, easements, etc.; keeping true copies of deeds and conveyances of selectmen.
The town clerk shall record, file and index all deeds, easements and other papers and documents having to do with the town's interest in any land and see that every conveyance to the town of any interest in land is properly recorded in the registry of deeds. He shall keep a true copy, in a book to be kept for such purpose alone, of all deeds or conveyances executed by the selectmen. (1932 Bylaws, Art. 7, Sec. 5)
ARTICLE IX. TREASURER AND TAX COLLECTOR
Sec. 2_57. Treasurer—Custody of bonds and insurance policies of town.
The treasurer shall be the custodian of all bonds and insurance policies belonging to the town; except, that the bonds of the treasurer and tax collector shall be in the custody of the selectmen town administrator. (1932 Bylaws, Art. 8, Sec. 1)
Sec. 2-57.1. Interest Proceeds. Reserved.
Interest income from grants, in addition to Chapter 90 Highway Programs, accelerated highway, bridge and economic development programs and bond funds shall be used without further appropriation for the purposes that the grants and/or bonds were authorized and such sums to be deposited in the specific accounts for which the funds were authorized. Such accounting for interest income shall be effective January 1, 1988.
Sec. 2_58. Same—Annual report.
It shall be the duty of the treasurer to make, in the annual printed report of the town, a report which shall specifically state the objects, if any, for which the debt of the town may have been increased during the preceding year. The report shall give a classified statement of the indebtedness of the town and the objects for which it was incurred. Such report shall also include:
(a) A list of all notes issued during the year and the purposes for which the money was borrowed giving the dates, amount, term, rate of interest, time of maturity, the premium, if any, received thereon and the names of the parties of whom the funds were borrowed.
(b) A list of all notes paid during the year, and a list of all outstanding notes with the dates on which they will mature.
(c) A full exhibit of all moneys, properties and securities, which may be placed in his charge by virtue of any statute or bylaw or by virtue of any gift, devise, bequest or deposit.
(d) A list of all insurance held by the town. (1932 Bylaws, Art. 8, Sec. 2)
Sec. 2_59. Same—Sales of land acquired by tax foreclosure.
The town treasurer may sell at any time, after advertising in the local newspapers for one week, any land acquired by the town through foreclosure of a tax title or through purchase of land of low value and execute, acknowledge and deliver on behalf of the town all papers necessary to effectuate any such sale; provided, that no such land shall be sold for less than the amount charged against it on the treasurer's books, except with the approval of the selectmen. (3_16_42 Art. 55; 3_31_47, Art. 55)
Sec. 2_60. Duties of tax collector.
The collector of taxes shall collect, as town collector, all accounts due the town. (1932 Bylaws, Art. 8, Sec. 3)
Sec. 2-60A. Non-payment of municipal taxes, charges, etc.: License and permit denial, suspension and revocation.
Section 1. The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each board, commission, department, officer or other licensing authority of the town, hereinafter referred to as the licensing authority, that issues licenses or permits, including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve (12) month period, and that such party has not filed in good faith a pending application for abatement of such a tax
or a pending petition before the appellate tax board or entered into and fully complied with a payment agreement with the Town.
Sec. 2_64. Duties.
The duties of the council on aging shall be to:
(a) Identify the total needs of the community's elderly population.
(b) Educate the community and enlist support and participation of all citizens concerning these needs.
(c) Design, promote, or implement services to fill these needs, or coordinate present existing services in the community.
(d) Promote and support any other programs which are designed to assist elderly programs in the community.
(e) The council on aging shall cooperate with the Commonwealth office of elder affairs and shall be cognizant of all state and federal legislation concerning funding, information exchange and program planning which exists for better community programming for the elderly.
(f) The council on aging shall give an annual report to the Board of Selectmen with a copy of that report directed to the Commonwealth office of elder affairs. (3_22_73, Art 66)
ARTICLE XIII. GAS INSPECTION
Sec. 2_65. Inspector—Appointment; term; compensation; qualifications; duties.
The Board of Selectmen shall appoint annually in April an inspector of gas piping and gas appliances in buildings, to be known as a gas inspector, who shall hold office for a term expiring on the thirtieth day of April in the following calendar year and until his successor is appointed and qualified.
His compensation shall be established by the personnel board.
He shall have had at least ten years of practical experience in gas fitting.
The duties of the gas inspector shall be the enforcement of the rules and regulations adopted by the board under Section 12H of Chapter 25 of the Massachusetts General Laws and any acts in amendment thereof and in addition thereto. (3_9_64, Sec.1)
Sec. 2_66. Same—Interest in building contracts, etc.
The gas inspector shall not be interested in any building contract in the town or have any interest in the furnishing of materials for any building therein; provided that he may, with the written approval of the Board of Selectmen, have such interest if he wholly refrains from acting as the gas inspector in the particular case. In each case the Board of Selectmen shall appoint an assistant gas inspector or shall appoint a disinterested substitute gas inspector to act therein, with all the powers and duties of the gas inspector; and the compensation paid to such assistant or substitute in such case shall be deducted from the salary of the gas inspector. (3_9_64, Sec. 3)
Sec. 2_67. Appointment, qualifications and duties of assistant inspectors.
The Board of Selectmen may at any time appoint, for such terms as the board may determine, one or more assistant gas inspectors to act in the absence or disability of the gas inspector and, while so acting, each of them shall have and may exercise all of the powers and duties of the gas inspector. Assistant gas inspectors shall have the same qualifications hereinabove set forth for the gas inspector. (3_9_64, Sec. 2)
Majority Vote Required
Passes Per Moderator
*Sent to the Attorney General June 17, 2003
*Approved by the Attorney General September 8, 2003
Article 12. To see if the Town will vote to amend the Stoneham Town Code, Chapter 12 “Solicitors, Canvassers” by substantially or totally amending said Chapter 12 so as to provide protections for residents desiring to avoid peddlers, hawkers, itinerant merchants, transient vendors, solicitors, canvassers, and/or handbills. Said amendments balancing the First Amendment freedom of speech rights of individuals with the protection of residents’ privacy and the prevention of fraud.
Or do anything in relation thereto.
Chief of Police
Board of Selectmen
Article 12. Voted that the subject matter of article 12 be indefinitely postponed.
Motion Passes
Indefinitely Postponed
Article 13. To see if the Town will vote to authorize the School Committee to lease any building under the control of the School Committee and which is not in actual use as a Stoneham Public School, including, but not limited to, the following buildings: (1) the East School, located at 12 Beacon Street; (2) the North School, located at 175 Collincote Street; and (3) the Central School, located at 25 William Street, for a period of up to ten (10) years. Said authorization to allow multiple leases and/or renewals during said ten (10) year period as long as the total lease period does not exceed ten (10) years.
Or do anything in relation thereto.
School Committee
Article 13. Voted that the Town authorize the School Committee to lease the following buildings under the control of the School Committee and which are not in actual use as a Stoneham Public School: (1) the East School, located at 12 Beacon Street; (2) the North School, located at 175 Collincote Street; and (3) the Central School, located at 25 William Street; for a period of up to ten (10) years, and each school shall be leased subject to a separate lease agreement. Said authorization further conditioned upon the School Committee holding a public hearing regarding the terms of any proposed lease, prior to the execution of said lease. Notice of said public hearing being
published in a town newspaper not less than fourteen (14) days prior to said hearing.
First Amendment on the floor submitted by Alexander Janko, 25 Beacon Street:
Voted that the Town authorize the school committee to lease the following buildings which are not presently being used as Stoneham Public Schools, (1) The east school located at 12 Beacon Street, (2) the North School, located at 175 Collincote Street, and (3) the Central School, located at 25 William Street. Any lease ultimately authorized or legitimized under approval of this article shall be subject to the following:
A) No lease of the School Committee, resulting from or proposed under the direction, spirit and approval of this article, shall be finalized, approved or legalized without a positive majority approval of the local property owners
B) Conditions of this article and amendment:
B1) The property owner approval as required by this amendment shall be or shall constitute, a 75% majority favorable vote of all “live in” and currently registered property owners of record within 1000 feet of the lease property’s registered border lines.
B2) The School Committee shall be responsible for establishing the required abutters list for any Lease proposed under this article. They shall also be responsible for the notification of all entitled abutters by registered mail.
B3) A waiting period of thirty days (30) from the above mailings shall be granted before a vote of the entitled abutters is finalized and/or totaled.
B4) All leases under the intent, or caused by the action of this article, shall be reviewed for by the local authority enforcing the Stoneham Zoning by-laws to ensure appropriate zoning application.
B5) The Town Counsel shall have the responsibility for the auditing, and verification of the above process, vote and article compliance.
B6) this article shall grandfather any existing or unauthorized leases normally to be covered under conditions of this article, provided, that any such existing lease or lease conditions are only extended, renewed or changed under the terms and intent of this article.
Motion to Move the Question
Question Moved
Amendment Fails per Moderator
Second Amendment on the floor submitted by Frank Pignone, 2 Gigante Drive
Voted that the subject matter of article 13 of the Annual Town Meeting of Stoneham, Massachusetts dated May 5, 2003 be amended by striking out the language entirely and inserting the following:
To see if the Town will vote to authorize the school committee to lease individually for one year beginning July 1, 2003 the building known as North School located at 175 Collincote Street and East School located at 12 Beacon Street. During this period and before entering into any negotiations for renewal for each lease in any form, there will be a complete building inspection to include pests, wiring, plumbing and other pertinent structural component. Coinciding with these inspections the Stoneham Public Works Department shall estimate usefulness and replacement of any subsurface piping.
All inspections and recommendations will be in writing and submitted to the Board of Selectmen who shall call for a joint public hearing with school committee, and any other officials deemed necessary by selectmen, with certified notices to any and all property owners and/or residents abutting these properties for their input and concerns. Estimates for all repairs or needed maintenance or replacement shall be disclosed and funded by revolving fund of lease income.
All future leases of these properties will be for a period not exceeding two years.
A record will be kept of all disbursements and reports sent to the Town Administrator on a quarterly basis.
Motion to Move the Question
Question Moved
Amendment Fails Per Moderator
Vote on the Main Motion
Passes per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 14. To see if the Town will vote to transfer from available funds a sum of money to amend the FY03 departmental budgets voted under Article 10 of the April 2, 2002 Annual Town Meeting as amended, or do anything in relation thereto.
Board of Selectmen
Article 14. Voted that the Town adjust the FY03 Operating budget by a negative Two Hundred Nineteen Thousand Eight Hundred Twenty-seven Dollars (-$219,827) to amend the FY03 departmental voted under article 10 of the April 2, 2002 Annual Town Meeting as amended. Said sum to be itemized as on the handout marked “Exhibit A, Side 1”.
Passes Unanimous
|
Exhibit A |
Fiscal Year 2003 |
|
|
|
|
Budget Adjustments |
|
|
Adjust the following Budgets: |
|
|
|
DEPT # |
DEPARTMENT |
SALARIES |
OPERATING |
TOTAL |
114 |
Moderator |
$0.00 |
($1.00) |
($1.00) |
122 |
Selectmen |
$3,600.00 |
($535.00) |
$3,065.00 |
123 |
Town Administrator |
$2,849.00 |
$1,367.00 |
$4,216.00 |
131 |
Finance Board |
$0.00 |
($117.00) |
($117.00) |
132 |
Reserve Fund |
$0.00 |
($22,000.00) |
($22,000.00) |
135 |
Accounting |
$5,000.00 |
($855.00) |
$4,145.00 |
141 |
Assessors |
$3,000.00 |
($437.00) |
$2,563.00 |
145 |
Treasurer |
$7,000.00 |
($921.00) |
$6,079.00 |
151 |
Town Counsel |
$2,600.00 |
($877.00) |
$1,723.00 |
155 |
Data Processing |
$1,900.00 |
($1,757.00) |
$143.00 |
161 |
Town Clerk |
$1,800.00 |
($255.00) |
$1,545.00 |
162 |
Elections & Registration |
$800.00 |
($1,051.00) |
($251.00) |
172 |
Whip Hill |
$1,000.00 |
($318.00) |
$682.00 |
182 |
Community Development |
($12,000.00) |
($145.00) |
($12,145.00) |
192 |
Public Property |
($15,000.00) |
($300.00) |
($15,300.00) |
210 |
Police |
$46,000.00 |
$0.00 |
$46,000.00 |
211 |
Traffic Director |
$6,300.00 |
($122.00) |
$6,178.00 |
212 |
Dispatchers |
$16,000.00 |
($195.00) |
$15,805.00 |
220 |
Fire |
$57,917.00 |
$0.00 |
$57,917.00 |
241 |
Building Dept. |
$800.00 |
($282.00) |
$518.00 |
291 |
Civil Defense |
$0.00 |
($178.00) |
($178.00) |
300 |
Schools |
$0.00 |
($98,149.00) |
($98,149.00) |
400 |
DPW |
$0.00 |
($13,000.00) |
($13,000.00) |
|
|
|
|
|
440 |
Sewer |
$7,970.00 |
$0.00 |
$7,970.00 |
450 |
Water |
$10,352.00 |
$0.00 |
$10,352.00 |
510 |
Board of Health |
($14,088.00) |
($301.00) |
($14,389.00) |
541 |
Council on Aging |
$0.00 |
($1,726.00) |
($1,726.00) |
542 |
Youth Commission |
$1,150.00 |
($236.00) |
$914.00 |
543 |
Veterans |
$305.00 |
($1,741.00) |
($1,436.00) |
610 |
Library |
$0.00 |
($6,069.00) |
($6,069.00) |
630 |
Unicorn Golf |
($14,600.00) |
$6,500.00 |
($8,100.00) |
631 |
Arena |
$16,000.00 |
$54,000.00 |
$70,000.00 |
710 |
Maturing Debt & Interest |
$0.00 |
$15,000.00 |
$15,000.00 |
910 |
Noncontributory Pensions |
$700.00 |
$0.00 |
$700.00 |
918 |
Capital |
$0.00 |
($42,248.00) |
($42,248.00) |
919 |
Unclassified |
($272,233.00) |
$32,000.00 |
($240,233.00) |
|
NET BUDGET REDUCTIONS |
($134,878.00) |
($84,949.00) |
($219,827.00) |
|
|
|
|
|
Adjust the following Revenues: |
|
|
|
Decrease Revenues of the Current Year |
|
|
($674,659.00) |
Transfer from Overlay Surplus |
|
|
$424,659.00 |
Transfer from Sewer Surplus |
|
|
$7,970.00 |
Transfer from Water Surplus |
|
|
$10,352.00 |
School prior year encumbrances |
|
|
$11,851.00 |
|
NET REVENUE REDUCTIONS |
|
|
($219,827.00) |
Article 15. To see if the Town will vote to rescind approved warrant articles (see attached
list), and utilize the funds made available resulting from such rescission as revenue for the FY2004 budget, or do anything in relation thereto.
Board of Selectmen
Article 15. Voted that the Town rescind approved warrant articles amounting to One Hundred Twenty Thousand Seven Hundred Ninety-eight Dollars and Eighty Cents ($120,798.80) and utilize the One Hundred Twenty Thousand Seven Hundred Ninety-eight Dollars and Eighty Cents ($120,798.80) resulting from such rescission as revenue for the FY2004 budget. Said warrant articles to be rescinded as detailed on the handout marked “Exhibit A, Side 2”.
Passes Unanimous
|
|
"Exhibit A" |
|
|
|
|
|
|
|
ARTICLES PASSED BY TOWN MEETING |
|
|
|
RECOMMENDED TO BE CLOSED |
|
|
|
|
|
Date |
Description |
Original $ |
Balance |
Oct-96 |
Geographic Information Systems |
$200,000 |
$161.57 |
Oct-97 |
Geographic Information Systems |
$150,000 |
$51.10 |
May-98 |
Accept as Public Way |
$17,000 |
$2,893.02 |
May-01 |
Beautification of Town |
$20,000.00 |
$12,318.57 |
May-99 |
Install Hardware/software |
$18,000 |
$3,000.00 |
Oct-96 |
FY97 Revaluation |
$185,000 |
$125.85 |
May-98 |
Appraisal of BRMC |
$12,000 |
$12,000.00 |
Oct-98 |
Cable License Negotiations |
$3,000 |
$1,817.72 |
May-97 |
Repair of Town Hall Buildings |
$150,000 |
$8,709.99 |
Oct-01 |
Parking Enforcement |
$6,000 |
$2,520.00 |
Oct-01 |
Selective Traffic Enforcement |
$5,000 |
$907.12 |
May-98 |
Install Hardware/software |
$20,000 |
$1,250.00 |
May-99 |
Fire Station Roof |
$45,000 |
$1,907.40 |
Oct-98 |
Cont. Recreational Facilities |
$30,000 |
$4,447.88 |
May-00 |
DPW Garage |
$100,000 |
$2,756.99 |
Oct-00 |
Public Shade Trees |
$5,000 |
$4,627.93 |
Oct-00 |
Beautification of Town |
$7,000 |
$71.92 |
Oct-03 |
Construct Sidewalks |
$150,000 |
$59,868.00 |
Oct-97 |
Install Traffic Lights |
$60,000 |
$813.94 |
Oct-00 |
Purchase Traffic Lights |
$45,000 |
$549.80 |
~ |
~ |
Total |
$120,798.80 |
Article 16. To see if the Town will vote to utilize One Million Dollars ($1,000,000) from the Stabilization Fund as revenue to be applied to the Town’s FY04 budget, or do anything in relation thereto.
Board of Selectmen
Article 16. Voted that the Town authorize the use of One Million Fifty-one Thousand Eight Hundred Fifty-one Dollars ($1,051,851) from the Stabilization Fund as revenue to be applied to the Town’s FY04 budget.
? Vote Required
Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
Article 17. To see if the Town will vote to authorize the Board of Selectmen to establish and charge fees for the following services provided by the Department of Public Works: trash pick-up fee for the Stoneham Housing Authority, fees for the disposal of “white goods” (refrigerators, washing machines, clothes dryers, etc.), recycling sticker fees, and fees for the disposal of hazardous waste; or do anything in relation thereto.
Board of Selectmen
Article 17. Voted that the subject matter of article 17 be indefinitely postponed.
Motion Passes
Indefinitely Postponed
Article 18. To see if the Town will vote to raise and appropriate from taxation or by transfer from available funds, such sums as may be necessary to defray Town charges for the ensuing year, including debt and interest and a reserve fund, or do anything in relation thereto.
Board of Selectmen
Article 18. Voted that the Town raise and appropriate the sum of $55,109,501 to defray Town charges for the ensuing year, including the Town operating budget for the year beginning July 1, 2003 through June 30, 2004, said sum to be itemized as on the handout marked “Exhibit B, Side 1”. And further, the forgoing appropriation be raised or transferred as itemized as on the handout marked “Exhibit B, Side 2”.
Amendment on the floor by Marcia M. Wengen, 56 Washington Street
Amend the motion as follows: To increase Department #182 personnel by $812.00 and decrease operating by $812.00.
Motion to Amend
Amendment Passes
Majority Vote Required
Motion as Amended
Passes Per Moderator
Motion for Reconsideration
Cannot Be Reconsidered
|
EXHIBIT B |
|
|
|
|
|
|
|
|
DEPARTMENT |
PERSONNEL |
OPERATING |
INTERGOV. |
TOTAL |
#114 Town Moderator |
$3,854 |
$20 |
~ |
$3,874 |
#122 Selectmen |
$78,360 |
$14,747 |
~ |
$93,107 |
#123 Town Administrator |
$285,652 |
$91,993 |
~ |
$377,645 |
#131 Finance Board |
$0 |
$3,989 |
~ |
$3,989 |
#132 Reserve Fund |
~ |
$16,137 |
~ |
$16,137 |
#135 Town Accountant |
$187,737 |
$3,050 |
~ |
$190,787 |
#141 Assessors |
$146,747 |
$11,300 |
~ |
$158,047 |
#145 Town Treasurer |
$222,241 |
$28,925 |
~ |
$251,166 |
#151 Town Counsel |
$91,175 |
$25,451 |
~ |
$116,626 |
#155 MIS/GIS |
$66,187 |
$58,329 |
~ |
$124,516 |
#161 Town Clerk |
$129,739 |
$7,045 |
~ |
$136,784 |
#162 Elections & Reg |
$29,621 |
$30,049 |
~ |
$59,670 |
#172 Whip Hill Park |
$41,465 |
$8,251 |
~ |
$49,716 |
#182 Community Dev/Plan |
$87,614 |
$2,800 |
~ |
$90,414 |
#192 Town Hall Mainten. |
$41,685 |
$78,112 |
~ |
$119,797 |
#210 Police Dept |
$3,289,618 |
$292,456 |
~ |
$3,582,074 |
#211 Traffic Directors |
$135,500 |
$4,500 |
~ |
$140,000 |
#212 Dispatchers |
$283,163 |
$5,020 |
~ |
$288,183 |
#220 Fire-Emerg. Rescue |
$2,632,723 |
$143,100 |
~ |
$2,775,823 |
#241 Inspectional Services |
$221,893 |
$7,390 |
~ |
$229,283 |
#291 Emergency Mgmnt |
$22,829 |
$5,029 |
~ |
$27,858 |
#300 Public Schools |
~ |
~ |
~ |
$21,979,138 |
#399 N.E. Voke School |
~ |
$368,602 |
~ |
$368,602 |
#400 DPW Admin |
$932,433 |
$2,036,437 |
~ |
$2,968,870 |
#440 Sewer |
$377,603 |
$73,025 |
$3,393,321 |
$3,843,949 |
#450 Water |
$492,143 |
$156,675 |
$2,129,184 |
$2,778,002 |
#510 Public Health Service |
$127,029 |
$7,146 |
~ |
$134,175 |
#541 Senior Center |
$126,877 |
$50,510 |
~ |
$177,387 |
#542 Recreation |
$77,061 |
$1,675 |
~ |
$78,736 |
#543 Veteran's Services |
$10,300 |
$60,380 |
~ |
$70,680 |
#610 Public Library |
$516,207 |
$185,896 |
~ |
$702,103 |
#630 Unicorn Recreation |
$417,727 |
$582,046 |
~ |
$999,773 |
#710 Maturing Debt & Intrst |
~ |
$5,547,822 |
~ |
$5,547,822 |
#910 Non-Contrib Pensions |
~ |
$75,132 |
~ |
$75,132 |
#911 Contributory Pensions |
~ |
$2,703,224 |
~ |
$2,703,224 |
#918 Capital Improv. |
~ |
$29,348 |
~ |
$29,348 |
#919 Unclassified |
$0 |
$2,439,100 |
~ |
$2,439,100 |
#920 Non-Departmental |
~ |
$40,135 |
~ |
$40,135 |
TOTAL |
~ |
~ |
~ |
$53,771,672 |
|
|
|
|
|
|
SIDE 1 |
|
|
|
EXHIBIT B |
|
|
|
FROM REVENUE OF THE CURRENT YEAR |
$44,962,823 |
BY TRANSFER FROM THE PERPETUAL CARE INTEREST INCOME ACCOUNT |
$28,000 |
BY TRANSFER FROM THE SALE OF LOTS & GRAVES ACCOUNT |
$40,000 |
BY DONATION FROM THE CONSERVATION COMMISSION |
$10,000 |
COPS UNIVERSAL HIRING GRANT |
$65,000 |
BY TRANSFER FROM RESCINDED ARTICLES UNDER ARTICLE #15 |
$120,000 |
BY TRANSFER FROM OVERLAY SURPLUS |
$370,841 |
BY TRANSFER FROM THE STABILIZATION ACCOUNT |
$1,051,851 |
BY TRANSFER FROM THE ARENA VENDING/PRO SHOP REVOLVING |
$52,000 |
BY TRANSFER FROM THE ESTIMATED WATER RECEIPTS TO: |
~ |
DEPARTMENT #450 WATER |
$2,778,002 |
DEPARTMENT #710 MATURING WATER DEBT & INTEREST |
$18,970 |
DEPARTMENT #135 TOWN ACCOUNTANT |
$10,630 |
DEPARTMENT #145 TOWN TREASURER |
$14,144 |
DEPARTMENT #155 MIS/GIS |
$7,190 |
DEPARTMENT #911 CONTRIBUTORY PENSIONS |
$98,383 |
DEPARTMENT #919 UNCLASSIFIED |
$51,728 |
~ |
~ |
BY TRANSFER FROM THE ESTIMATED SEWER RECEIPTS TO: |
~ |
DEPARTMENT #440 SEWER |
$3,843,949 |
DEPARTMENT #710 MATURING WATER DEBT & INTEREST |
$101,266 |
DEPARTMENT #135 TOWN ACCOUNTANT |
$15,143 |
DEPARTMENT #145 TOWN TREASURER |
$20,120 |
DEPARTMENT #155 MIS/GIS |
$10,141 |
DEPARTMENT #911 CONTRIBUTORY PENSIONS |
$39,167 |
DEPARTMENT #919 UNCLASSIFIED |
$62,324 |
TOTAL |
$53,771,672 |
|
|
SIDE 2 |
|
Article 19. To see if the Town will vote to raise and appropriate, or transfer from available funds, or borrow, a sum of money for the purpose of: 1) obtaining land acquisition appraisals for up to five properties that have been identified as the bet locations for the Town’s new Emergency Operations Center; and 2) obtaining a preliminary design for said facility, including all elevations, layouts and digital imagery, with related ground-up construction costs, or do anything in relation thereto.
Board of Selectmen
Article 19. Voted that the Town appropriate the sum of Sixty Thousand Dollars ($60,000) for the purpose of: 1) obtaining land acquisition appraisals for seven properties, including two properties adjacent to the existing Fire Station, for the Town’s new Emergency Operations Center; and 20 obtaining a preliminary design for a new facility at the proposed new location, including all elevations, layouts and digital imagery, with related ground-up construction costs; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to Sixty Thousand Dollars ($60,000) under Chapter 44 of the General Laws or any other enabling
authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
? Vote Required
Passes per Moderator
Motion for Reconsideration
Cannot be Reconsidered
Article 20. To see if the Town will vote to raise and appropriate, or transfer from available funds, or borrow, a sum of money to refurbish and/or rehabilitate the 1987 Fire Engine #4, or do anything in relation thereto.
Board of Selectmen
Article 20. Voted that the Town appropriate the sum of One Hundred Thirty Thousand Dollars ($130,000) to refurbish and/or rehabilitate the 1987 Fire Engine #4; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to One Hundred Thirty Thousand Dollars ($130,000) under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
? Vote Required
Passes per Moderator
Motion for Reconsideration
Cannot be Reconsidered
Article 21. To see if the Town will vote to raise and appropriate, or transfer from available funds, or borrow, a sum of money to purchase three police cruisers, or do anything in relation thereto.
Board of Selectmen
Article 21. Voted that the Town appropriate the sum of One Hundred Ten Thousand Dollars ($110,000) to purchase three police cruisers; and to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow up to One Hundred Ten Thousand Dollars ($110,000) under Chapter 44 of the General Laws or any other enabling authority; and the Town Administrator is authorized to take any action necessary to carry out this vote.
? Vote Required
Passes Unanimous
Article 22. To see if the Town will vote to raise and appropriate, or transfer from available funds, or borrow, a sum of money to pay prior year invoices, or do anything in relation thereto.
Board of Selectmen
Article 22. Voted that the subject matter of article #22 be indefinitely postponed.
Motion Passes
Indefinitely Postponed
Article 23. To see if the Town will vote to raise and appropriate or transfer from water surplus funds $35,683 to cover the adjusted Massachusetts Water Resources Authority water assessment for FY2003, or do anything in relation thereto.
Board of Selectmen
Article 23. Voted that the Town transfer from water surplus funds Thirty-five Thousand six Hundred Eighty-three Dollars ($35,683) to cover the adjusted Massachusetts Water resources Authority water assessment for FY2003.
Passes per Moderator
Article 24. To see if the Town will vote to raise and appropriate or transfer from available funds $250,000 for the purpose of defraying the cost of construction or rehabilitation of sewer mains, manholes, pump stations or appurtenances, purchasing equipment, or maintaining the sewer system within the limits of the Town, or do anything in relation thereto.
Board of Selectmen
Article 24. Voted that the Town appropriate from estimated sewer receipts the sum of Two Hundred Fifty Thousand Dollars ($250,000) for the purpose of defraying the cost of construction or rehabilitation of sewer mains, manholes, pump stations or appurtenances, purchasing equipment, or maintaining the sewer system within the limits of the Town.
Passes Unanimous
Article 25. To see if the Town will vote to raise and appropriate or transfer from available funds $300,000 for the purpose of defraying the cost of constructing water mains or replacing or relining existing water mains, hydrant replacement, water meter installations, purchasing equipment, or maintaining the water system within the limits of the Town, or do anything in relation thereto.
Board of Selectmen
Article 25. Voted that the Town appropriate from estimated water receipts the sum of Three Hundred Thousand Dollars ($300,000) for the purpose of defraying the cost of constructing water mains or replacing or relining existing water mains, hydrant replacement, water meter installations, purchasing equipment, or maintaining the water system within the limits of the Town.
Passes Unanimous
Article 26. To see if the town will accept the provisions of Chapter 44, Section 53F1/2 of the General Laws of Massachusetts, establishing an enterprise fund for sewer surplus funds generated by the Sewer Department (Department #440) effective at the commencement of FY2004, and transfer into said fund all existing sewer surplus funds, or do anything in relation thereto.
Board of Selectmen
Article 26. Voted that the town accept the provisions of Chapter 44, Section 53F1/2 of the General Laws of Massachusetts, establishing an enterprise fund for sewer surplus funds generated by the Sewer Department (Department #440) effective at the commencement of FY2004, and transfer into said fund Two Hundred Fifty Thousand Dollars ($250,000) from existing sewer surplus funds.
Passes Unanimous
Article 27. To see if the Town will accept the provisions of Chapter 44, Section 53F1/2 of the General Laws of Massachusetts, establishing an enterprise fund for water surplus funds generated by the Water Department (Department #450) effective at the commencement of FY2004, and transfer into said fund all existing water surplus funds, or do anything in relation thereto.
Board of Selectmen
Article 27. Voted that the Town accept the provisions of Chapter 44, Section 53F1/2 of the General Laws of Massachusetts, establishing an enterprise fund for water surplus funds generated by the Water Department (Department #450) effective at the commencement of FY2004, and transfer into said fund One Hundred Thousand Dollars ($100,000) from existing water surplus funds.
Passes Unanimous
Article 28. To see if the Town will vote to acquire an easement and construct a sewer main extension from West Wyoming Avenue across MDC land and private land to and in Brook Street, and further to raise and appropriate, or transfer from sewer surplus funds, $25,000 for any and all costs associated therewith, or do anything in relation thereto. (A copy of the proposed sewer main extension shall be available for inspection in the office of the Town Clerk.)
Board of Selectmen
Article 28. Voted that the Town acquire an easement and construct a sewer main extension from West Wyoming Avenue across MDC land and private land to and in Brook Street, and further to raise and appropriate, or transfer from sewer surplus funds, Twenty-five Thousand Dollars ($25,000) for any and all costs associated therewith.
Passes Unanimous
Article 29. To see if the Town will vote as follows:
1. To authorize the use of funds in Fiscal Year 2003 from the Revolving Fund, established pursuant to Article 5 of the 2002 Annual Town Meeting in accordance with M.G.L. Chapter 44, Section 53E1/2 for the operation of vending machines and a pro shop at the Stoneham Arena, to build a concession stand and to purchase and/or lease equipment to operate said concession stand at the Stoneham Arena;
2. To reauthorize, pursuant to M.G.L. Chapter 44, Section 53E1/2, the Revolving Fund for the purpose of operating vending machines and a pro shop at the Stoneham Arena. The Arena Manager, subject to the approval of the Town Administrator, will be authorized to purchase all necessary goods and services needed for these two operations from this Fund. In addition, all proceeds from the sale of these products in the vending machines and pro shop shall be deposited into this Fund. There shall be no limit on the total amount which may expended from such fund in the ensuing fiscal year other than as provided by said M.G.L. Chapter 44, Section 53E1/2; and
3. To authorize the use of funds in Fiscal Year 2004 from the Revolving Fund for the operation of vending machines and a pro shop at the Stoneham Arena, re-authorized pursuant to Subparagraph 2 above in accordance with M.G.L. Chapter 44, Section 53E1/2, to build a concession stand and to purchase and/or lease equipment to operate said concession stand at the Stoneham Arena.
Or do anything in relation thereto.
Board of Selectmen
Article 29. Voted that the subject matter of article #29 be indefinitely postponed.
Motion Passes
Indefinitely Postponed
Motion to Dissolve the Annual Town Meeting
Meeting Dissolved at 11:15PM
John J. Hanright, CMC
Town Clerk
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