Special Town Meeting Warrant
TABLE OF CONTENTS
ARTICLE 1 TAX AGREEMENT FOR SOLAR ENERGY FACILITY
ARTICLE 2 MUNICIPAL LIGHT DEPARTMENT APPROPRIATION
ARTICLE 3 TRANSFER TO THE STABILIZATION FUND
ARTICLE 4 SALE OF TOWN PROPERTY
ARTICLE 5 NEW POSITIONS
ARTICLE 6 FIRE AND POLICE DEPARTMENT END OF YEAR FINANCIAL
TRANSFERS
ARTICLE 7 CITIZEN’S PETITION: SEX
OFFENDER RESIDENCY
RESTRICTIONS
ARTICLE 8..... CITIZEN’S PETITION:
AMENDMENT OF ZONING BY-LAW
TO ALLOW DRIVE-UP CUSTOMER SERVICE
FACILITIES AT RESTAURANTS AND FAST FOOD RESTAURANTS IN THE VILLAGE DISTRICT
ARTICLE 1 TAX AGREEMENT FOR SOLAR ENERGY FACILITY
To
see if the Town will vote to approve the Tax Agreement on file in the Town
Clerk’s office dated June 25, 2014, pursuant to M.G.L. Ch.59, Sec.38H, with Ten K Energy, for
approximately 25 acres of land located off Farnsworth Road, Templeton,
Worcester County and to approve said Tax Agreement under which Ten K Energy
shall make annual payments to the Town in the amount of Five Thousand Six
Hundred Thirty Four ($5,634) dollars per MW AC or a total of Sixteen Thousand Nine Hundred Two ($16,902)
dollars for 3MW AC per year for twenty (20) years in personal property taxes
attributable to the project, said amounts to be increased by One (1) percent
per year; and further to authorize the Board of Selectmen to negotiate any
amendments to this Tax Agreement in compliance with the amendment provisions
therein; or take any other action relative thereto.
MOTION:
I move that the Town vote to approve the Tax Agreement, dated June 25, 2014, pursuant to M.G.L. Ch.59, Sec.38H, with Ten K Energy, for approximately 25 acres of land located off Farnsworth Road, Templeton, Worcester County and to approve said Tax Agreement under which Ten K Energy shall make annual payments to the Town in the amount of Five Thousand Six Hundred Thirty Four ($5,634) dollars per MW AC or a total of Sixteen Thousand Nine Hundred Two ($16,902) dollars for 3MW AC per year for twenty (20) years in personal property taxes attributable to the project, said amounts to be increased by One (1) percent per year; and further to authorize the Board of Selectmen to negotiate any amendments to this Tax Agreement in compliance with the amendment provisions therein
I move that the Town vote to approve the Tax Agreement, dated June 25, 2014, pursuant to M.G.L. Ch.59, Sec.38H, with Ten K Energy, for approximately 25 acres of land located off Farnsworth Road, Templeton, Worcester County and to approve said Tax Agreement under which Ten K Energy shall make annual payments to the Town in the amount of Five Thousand Six Hundred Thirty Four ($5,634) dollars per MW AC or a total of Sixteen Thousand Nine Hundred Two ($16,902) dollars for 3MW AC per year for twenty (20) years in personal property taxes attributable to the project, said amounts to be increased by One (1) percent per year; and further to authorize the Board of Selectmen to negotiate any amendments to this Tax Agreement in compliance with the amendment provisions therein
Board of Selectmen Recommendation: Yes Vote: 5-0
Advisory
Board Recommendation:
Yes Vote:
Yes-5 No-0 Abstain -1
AB Comments:Based on the requirements of the DOR, the Advisory Board supports this tax agreement, however, it is hoped that in the future if the capacity of the solar energy facility is increased through adding to the facility or through technological advances, that an amended agreement will be able to be put into place.
ARTICLE 2 MUNICIPAL LIGHT DEPARTMENT APPROPRIATION
To
see if the Town will vote to appropriate into the General Fund of the Town the
sum of Thirty One Thousand Five Hundred Fifty Two Dollars ($31,552) from
surplus funds in the operating account of the Municipal Lighting Plant as of
December 31, 2013; or take any other action relative thereto.
MOTION:
MOTION:
I move that the Town vote to
appropriate into the General Fund of the Town the sum of Thirty One Thousand
Five Hundred Fifty Two Dollars from surplus funds in the operating account of
the Municipal Lighting Plant.
Board of Selectmen Recommendation: Yes Vote: 5-0
ARTICLE 3 TRANSFER TO THE STABILIZATION FUND
To
see if the Town will vote to raise and appropriate, transfer from available
funds or borrow pursuant to any applicable statute a sum of money for the
Stabilization Fund; or take any other action relative thereto.
MOTION:
I move that the Town vote to transfer Thirty One Thousand Five Hundred Fifty Two Dollars from the General Fund to the Stabilization Fund.
Board of Selectmen Recommendation: Yes Vote: 5-0
I move that the Town vote to transfer Thirty One Thousand Five Hundred Fifty Two Dollars from the General Fund to the Stabilization Fund.
Board of Selectmen Recommendation: Yes Vote: 5-0
Advisory
Board Recommendation: Yes Vote: Yes-5 No-0
Abstain -1
AB Comments:
The Advisory Board is a strong advocate of building up the stabilization fund. With the Town working to recover from its financial troubles, the only question was whether the timing is right for moving the money to stabilization.
The Advisory Board is a strong advocate of building up the stabilization fund. With the Town working to recover from its financial troubles, the only question was whether the timing is right for moving the money to stabilization.
ARTICLE 4 SALE OF TOWN PROPERTY
To
see if the Town will vote to authorize the Board of Selectmen to sell, lease,
or otherwise dispose of that certain Town-owned property and portions thereof
and interests therein known as 252 Baldwinville Road in Templeton and described
by that certain deed recorded at the Worcester County Registry of Deeds in Book
46601, Page 57, together with all buildings and improvements thereto, on such
terms and conditions as the Board of Selectmen deem necessary or proper; or
take any other action in relation thereto.
MOTION:
I move that the Town authorize the Board of Selectmen to sell, lease or otherwise dispose of Town-owned property known as 252 Baldwinville Road in Templeton and described by a deed recorded at the Worcester County Registry of Deeds in Book 46601, Page 57, together with all buildings and improvements thereto for the sum of One Hundred Seventy Five Thousand Dollars.
Board of Selectmen Recommendation: Yes Vote: 5-0
MOTION:
I move that the Town authorize the Board of Selectmen to sell, lease or otherwise dispose of Town-owned property known as 252 Baldwinville Road in Templeton and described by a deed recorded at the Worcester County Registry of Deeds in Book 46601, Page 57, together with all buildings and improvements thereto for the sum of One Hundred Seventy Five Thousand Dollars.
Board of Selectmen Recommendation: Yes Vote: 5-0
Advisory
Board Recommendation:
Yes Vote:
Yes-5 No-0 Abstain -1
AB Comments:The Advisory Board recognizes the importance of returning this property to the tax roll and agrees that the best course of action at this point in time is to dispose of the property even though the town is taking a significant monetary loss.
ARTICLE 5 NEW POSITIONS
To see if the Town will vote to add
the following positions to the “Personnel Compensation and Classification
Plan,” a copy of which is on file in the Town Clerk’s office; or take any other
action relative thereto:
Veterans Services Agent
-------- Salary: $20,000
per year
Senior Center Custodian
-------- Grade 2, Step 1
($11.23 per hour)
MOTION:
I move that the Town vote to add the position of Veterans Services Agent at a salary of $20,000 per year and the position of Senior Center Custodian at Grade 2, Step 1 ($11.23 per hour) to the Templeton “Personnel Compensation and Classification Plan.”
I move that the Town vote to add the position of Veterans Services Agent at a salary of $20,000 per year and the position of Senior Center Custodian at Grade 2, Step 1 ($11.23 per hour) to the Templeton “Personnel Compensation and Classification Plan.”
Board of Selectmen
Recommendation: Yes Vote: 5-0
ARTICLE 6 FIRE AND POLICE DEPARTMENT END OF YEAR FINANCIAL TRANSFERS
To
see if the town will vote to transfer funds within the Fiscal 2014 operating budgets
of the Police and Fire Departments; or take any other action relative
thereto.
MOTION:
I move to make the following transfers of funds within the
Fiscal 2014 budget or the Police Department:
From Acct.
#
To:
Acct. #
Amount
Communications 01-296-5100-5100 PD Expenses 01-210-5400-5421 $3,000
And
further, to make the following transfers of funds within the Fiscal 2014 budget
of the Fire Department:
From Acct.
#
To:
Acct. #
Amount
FD
Salaries
01-220-5100-5110
Fire Chief Salary
01-220-5100-5100 $10,007.88
FD
Salaries
01-220-5100-5110
FD Expense
01-220-5400-5421 $18,830.83
FD
Salaries
01-220-5100-5110
FD/EMS Salaries
01-232-5100-5100
$8,596.58
FD
Maintenance 01-220-5400-5481 FD/EMS Salaries 01-232-5100-5100 $2000
FD/EMS
Expense 01-232-5400-5421 FD/EMS Salaries 01-232-5100-5100 $32,080.54
Board of Selectmen Recommendation: Yes
Vote: 5-0
Advisory
Board Recommendation: Yes
Vote: Yes-5 No-0 Abstain -1
AB Comments
The Advisory Board agrees that these transfers are necessary and should be passed, however, they also caution that large end of year transfers even between accounts within the same department should not become a common practice
Citizen Petitions
ARTICLE 7 CITIZEN’S PETITION: SEX OFFENDER RESIDENCY RESTRICTIONS
The purpose of this bylaw is to see of
the Town of Templeton will add a level 2 and 3 sex offender residency
restriction bylaw to existing bylaws.
Section 1. Determinations, Intent and
Historical context
The purpose and intent of this By-law is
in keeping with the understanding that sex offenders classified as level 2 or 3
pose a moderate to high risk of re-offense. By imposing guidelines on potential
residents and sex offenders, this By-law promotes transparency throughout the
community and acknowledges that those who are at highest risk are children, the
elderly, and the disabled.
The purpose and intent of this By-law is
to mitigate any potential risk of harm to those who may be the most likely to
be victimized by deterring the movement to the locations of potential victims
of those who present the greatest risk.
The Massachusetts sex offender registry
law was first enacted in 1996. After a series of 5 cases at the Supreme
Judicial Court level (Doe v. Attorney General (s), 1997, 1997, 1997, 1998,
1999), it was determined by the state legislature that the law should be
amended to reflect the rulings. In 1999 the Massachusetts state legislature
amended the states sex offender registry to reflect the due process issues
presented in the preceding 5 cases and creating the process that we find today
being utilized. This process has emerged unchanged over the preceding decade
despite numerous legal challenges due to the changes made in 1999.
This By-law is presented with the careful
consideration given to the important and difficult process of classification of
Sex offenders. The process is found under Massachusetts General Laws chapter 6
§ 178 as well as 803 C.M.R. 1.00. The procedural system that is currently in
place is the result of numerous legal challenges and legislative amendments. It
includes a 5 step process to satisfy due process checks and balances. The
process of registration is one that begins with a written pre- registration,
then, includes a board recommended classification which the offender may accept
or request a full administrative hearing on, and ultimately a right to appeal
said hearing result to Superior Court for judicial review. It is with these
numerous safeguards and due process opportunities in place that this By-law is
enacted
This By-law hereby incorporates by
reference the definitions set forth in Massachusetts General Laws chapter 6 §
178C as well as 803 C.M.R. 1.03 where applicable.
“Day Care Center” means an establishment,
whether public or private, which provides care for children and is registered
with and licensed pursuant to the laws of the Commonwealth of Massachusetts by
the Department of Early Education and Care.
“Elder” or “Elderly” means a person or
persons over 60 years of age.
“Elderly Housing Facility” or “Senior
Citizens Center” or “Over 55 Community” means any building or buildings which
provide a group residence for the elderly or a location where the elderly
gather and/or reside that is located within the Town of Templeton
“Establishing a Residence” means to set
up or bring into being a dwelling place or an abode where a person sleeps,
which may include more than one location, and may be mobile or transitory, or
by means of purchasing real property or entering into a lease or rental
agreement for real property
“Park” means active and passive public
land designated for recreational or athletic use by the Town of Templeton and
located within the Town of Templeton
“Permanent Residence” means a place where
a person lives, abides, lodges, or resides for five (5) or more consecutive
days or fourteen (14) or more days in the aggregate during any calendar year.
“School” means any public or private
educational facility that provides services to children in grades kindergarten
- 12, or any one or more of such grades..
"Child" "children or
minor" shall mean persons less than eighteen years of age
7. “Sex Offender” and “Sex offense” shall
have the same meaning for purposes of this by-law as provided for in M.G.L.
chapter 6, § 178C.
8. “Sex Offense Involving a Child” shall
have the same meaning for purposes of this by-law as provided for in M.G.L.
chapter 6, § 178C.
9. “Temporary Residence” means a place
where a person lives, abides, lodges or resides for a period of less than five
(5) consecutive days or fourteen (14) days in the aggregate during any calendar
year.
SECTION 3. Sex Offender Residence
Prohibition
It is unlawful for any sex offender who
has been finally classified as a Level 2 or 3 offender pursuant to the
guidelines of the Sex Offender Registry Board, for as long as so classified, to
establish a permanent residence or temporary residence in the Town of Templeton
within one thousand (1,000) feet of the property on which any public or private
school, park, , elderly housing facility, over 55 community, senior citizens
center, or licensed day-care center is located.
SECTION 4. Evidentiary Matters;
Measurements
For purposes of determining the
minimum distance requirement, the separation shall be measured by following a
straight line from the outer property line of the permanent residence to the
nearest outer property line of any public or private school, park, elderly
housing facility, over 55 community, senior citizens center, or licensed
day-care center
SECTION 5. Notice to Move
Any sex offender who has been finally
classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex
Offender Registry Board, for as long as so classified, who establishes a
permanent residence or temporary residence in the Town of Templeton within one
thousand (1,000) feet of any public or private school, park, elderly housing
facility, over 55 community, senior citizens center, or licensed day-care
center shall be in violation of this By-law.
Any such sex offender shall, within
thirty (30) days of receipt of written notice of the sex offender’s
noncompliance with this by-law, move from said location to a new location, but
said location may not be within one thousand (1,000) feet of any public or
private school, park, elderly housing facility, over 55 community, senior
citizens center, or licensed day-care center within the Town of Templeton.
It shall be a separate violation each day
that a sex offender does not move after the expiration of the time given in
such written notice or if they should move from one location in the Town of
Templeton to another location that is within one thousand (1,000) feet of any
public or private school, park, elderly housing facility, over 55 communities,
senior citizens center, or licensed day-care center.
SECTION 6. Exceptions
A person residing within 1,000 feet of
any public or private school, park, elderly housing facility, over 55
communities, senior citizens center, or licensed day-care center does not
commit a violation of this By-law if any of the following apply:
(1) The person established the permanent
residence and reported and registered the residence, as required by the Sex
Offender Registry Law and any applicable regulations of the Massachusetts Sex
Offender Registry Board, prior to the effective date of this By-law, and:
(a) The person established permanent
residence by purchasing the real property where the residence is established,
as long as the registered sex offender continues to reside in and does not move
to another restricted location in Templeton different from the permanent
residence established prior to the effective date of this By-law;
(b) The person established permanent
residence through a valid, fixed-term, written and/or oral lease or rental
agreement, executed prior to the effective date of this by-law, as long as the
registered sex offender continues to reside within and does not move to another
restricted location in Templeton different from the permanent residence
established prior to the effective date of this By-law; or
( c) The person established permanent
residence through a written and/or oral lease or rental agreement at the will
of the landlord, as long as the registered sex offender continues to reside
within and does not move to another restricted location in Templeton different
from the permanent residence established prior to the effective date of this
By-law.
(2) The person was a minor when the
relevant crime was committed and was not convicted as an adult.
(3) The person is a minor.
(4) The public or private school, park,
elderly housing facility, over 55 community, senior citizens center, or licensed
day-care center was established after such person established the permanent
residence and reported and registered
the residence pursuant to the Sex
Offender Registry Law and any applicable regulations of the Massachusetts Sex
Offender Registry Board.
(5) The person is required to serve a
sentence at a jail, prison, juvenile facility, or other correctional
institution or facility located within the aforementioned 1,000 foot area.
(6) The person is admitted to and/or
subject to an order of commitment at a public or private facility for the care
and treatment of mentally ill persons pursuant to M.G.L. chapter 123 located
within the aforementioned 1,000 foot area.
(7) The person is a mentally ill person
subject to guardianship pursuant to order or supervision of the Probate and
Family Court or a mentally retarded person subject to guardianship pursuant to
M.G.L. chapter 201 §6A, residing with his or her guardian or residing within a
group residence that is professionally staffed and supervised 24 hours a day
and located within the aforementioned 1,000 foot area.
SECTION
7. Forfeiture of Exception
If, either after the effective date of
this By-law or after a new public or private school, elderly housing facility,
over 55 community, senior citizens center, or licensed day-care center opens,
an indictment or conviction of another sex offense is issued by a court against
a Level 2 or 3 Sex Offender otherwise enjoying an exception under this By-law,
he or she shall immediately forfeit that exception and be required to comply
with this By-law.
SECTION
8. Penalties
(1) Criminal Complaint. Violation of the
residency provisions of this By-law may be enforced by criminal complaint filed
by any police officer of the Town of Templeton. Each day a violation exists
shall constitute a separate violation. The fine for each violation, upon
conviction, shall be $300. In addition to enforcement by criminal complaint,
violation of the residency provisions of this By-law may be enforced through
any lawful means in law or in equity by any police officer of the Town of
Templeton. Also, any police officer of the Town of Templeton may give written
notification to the property owner, if other than the offender, the offender’s
landlord, parole officer and/or probation officer and the Commonwealth's Sex
Offender Registry Board that the sex offender has violated this By-Law.
Additionally, any other penalties may apply as the law permits.
(2) Noncriminal Disposition. In addition
to enforcement by criminal complaint, violation of the residency provisions of
this By-law may be enforced by any police officer of the Town of Templeton by
non-criminal disposition pursuant to M.G.L. c. 40, § 21D. Each day a violation
exists shall constitute a separate violation. The penalty for each violation
shall be a noncriminal fine of $300
SECTION 9. PROBITIONS CRINIMAL
NON-CRIMINAL COMPLAINTS
(1). Prohibitions.
(A) A sex offender who has been finally
classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex
Offender Registry Board, and for as long as so classified, is prohibited from
entering upon the premises of a school or day-care center unless previously
authorized specifically in writing by the school administration or day-care
center owner.
(B) A sex offender who has been finally
classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex
Offender Registry Board, and for as long as so classified, is prohibited from
entering upon the premises of an elderly housing facility, over 55 Community or
Senior Citizens Center, unless previously authorized in writing by the on-site
manager of the elderly housing facility, over 55 Community or Senior Citizen
Center.
(C) A sex offender who has been finally
classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex
Offender Registry Board, and for as long as so classified, is prohibited from
entering upon the premises of a park.
(2). Exceptions
(A) The prohibitions defined in this
By-Law shall not be construed or enforced so as to prohibit a sex offender from
exercising his or her right to vote in any federal, state or municipal
election, conducting town and/or police business or from attending any
religious service.
(B) The prohibitions defined in this
By-Law do not apply to a sex offender's place of residence when such residence
is exempted under this By-Law.
(3). Penalties.
(A) Criminal Complaint. Violation of the
by-law provisions of this by-law may be enforced by criminal complaint filed by
any police officer of the Town of Templeton. Each day a violation exists shall
constitute a separate violation. The fine for each violation, upon conviction,
shall be $300. In addition to enforcement by criminal complaint, violation of
the by-law provisions of this By-law may be enforced through any lawful means
in law or in equity by any police officer of the Town of Templeton. Also,
written notification may be given by a Town of Templeton police officer to the
offender’s parole officer and/or probation officer, and the Commonwealth's Sex
Offender Registry Board that the sex offender has violated this By-Law.
(B) Noncriminal Disposition. In addition
to enforcement by criminal complaint, violation of the bylaw provisions of this
By-law may be enforced through by any police officer of the Town of Templeton
by non-criminal disposition pursuant to G.L. c. 40, § 21D. Each day a violation
exists shall constitute a separate violation. The penalty for each violation
shall be a noncriminal fine of $300.
SECTION
10.Severability.
If any portion of this
by-law is deemed by a court of competent jurisdiction to be unconstitutional or
otherwise invalid or unenforceable, such judgment shall not impair or
invalidate or render unenforceable the remaining portions of this by-law.
A citizen’s petition submitted by Rachel Messina and over 100 others
Advisory Board Recommendation: No Recommendation
A citizen’s petition submitted by Rachel Messina and over 100 others
Advisory Board Recommendation: No Recommendation
ARTICLE 8 CITIZEN’S PETITION: AMENDMENT OF ZONING BY-LAW TO ALLOW DRIVE-UP CUSTOMER SERVICE FACILITIES AT RESTAURANTS AND FAST FOOD RESTAURANTS IN THE VILLAGE DISTRICT
To see if the Town will vote to
amend Article 3.6.4 of the Zoning By-law of the Town of Templeton to allow
Drive-Up Customer Service Facilities at Restaurants and Fast-Food Restaurants
in the Village (V) Districts, by amending Article 3.6.4 (i) to say “Restaurant
and Restaurant Fast Food, and Drive-Up Customer Service Facilities are
permitted by Special Permit” and to refer such change to the Planning Board for
review and to conduct a public hearing thereon and such further action as is
required in accordance with applicable law.
Submitted by petition of registered voters referencing the Dunkin Donuts establishment at 34 Elm Street
Submitted by petition of registered voters referencing the Dunkin Donuts establishment at 34 Elm Street
Advisory
Board Recommendation: Yes Vote: Yes-5 No-0
Abstain -1
AB
Comments:
The Advisory Board feels that this particular change to this By-law represents a positive change and takes a small step towards making Templeton a more “business friendly” town, however, it is important that some form of control is still maintained through the permitting process and public hearings.
The Advisory Board feels that this particular change to this By-law represents a positive change and takes a small step towards making Templeton a more “business friendly” town, however, it is important that some form of control is still maintained through the permitting process and public hearings.
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