2014 Fall Special Town Meeting Warrant Checklist - Tuesday, October 21, 2014
Suggested
Art.#
1
2
Sponsor
RULES
CFO
Publish Date: 10/3/14
Pass/Fail,
Committee(s)
-F,WM
2014 STM Subject
Reports to Town Meeting
Payment of Prior Year Bills
Transfer of Handicap Parking Fines Receipt
/ - -14
Collective Bargaining Agreements
FY 2015 COLA for Non-Union Employees
FY 2015 General Fund Budget Adjustments
Anticipated Tax Levy Increase to Support FY 2016 Budget
Amend Zoning Bylaw: Phase One - Re-codification of the Framingham
Zoning Bylaw
Amend Zoning Bylaw: Modification to Section IV.G.3.e. Moderate Slope
Requirement
/
/
/
/
& Date
/ - -14
/ - -14
3
CFO/
DISABILITY
F, WM, CS
4
5
6
7
CFO/HR
CFO/HR
CFO
TM
F,WM, P
F,WM, P
F, WM
F, WM
8
PB/BOS
PZ
9
PB
PZ
10
CIT PTN
F, GS, PS
Amend General Bylaws: Article VIII - Addition of §25: Sale of Water Bottles
/ - -14
11
GS
GS
/ - -14
12
GS
GS, PS, CS
13
RULES
GS, All
Committees
14
RULES
GS
15
BOS
F, WM, RP
Amend General Bylaws: Article V, §22: Nuisance Bylaw
Amend General Bylaws: Article V - Removal of §23: Motor Scooters
Prohibited
Amend General Bylaws: Article I §5.10 and 5.11 - Public and Executive
Session Minutes
Amend General Bylaws, Article II, § 9 (Role of Moderator) and Article III
Section 1.8 (Warrant Background Material)
Conservation Land Acquisition of the Snow Property, 95 Wayside Inn Road
Standing Committees
CS
Community Service
ED
Education
PZ
Planning & Zoning
PS
PW
RU
WM
Public Safety
Public Works
Rules
Ways & Means
Moderator Committees
CB Capital Budget
F
Finance
GS Government Study
P
Personnel
RP Real Property
TA Technology Advisory
-
-14
-14
-14
-14
/ - -14
/ - -14
/ - -14
/ - -14
/ - -14
/ - -14
Reports
Fiscal
Zoning
Misc
Gen'l
Bylaw
Town Mtg
COMMONWEALTH OF MASSACHUSETTS
TOWN OF FRAMINGHAM
MIDDLESEX, SS
SPECIAL TOWN MEETING WARRANT
To Kenneth M. Ferguson, one of the Constables of the Town of Framingham,
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and
warn the Inhabitants of the Town of Framingham qualified to vote in Elections and Town
Affairs, and more particularly the elected Town Meeting Members, to meet in Nevins Hall, in
the Memorial Building in the Town of Framingham on:
Tuesday, October 21, 2014
at half past seven o’clock PM, and thereto act on the following articles:
ARTICLE 1 Reports to Town Meeting
To see if the town will vote to hear reports from various Departments, Boards, Committees
and Commissions listed in this warrant article unless said reports have been made in writing
and placed on the table at Town Meeting for Town Meeting Members.
The requested reports are:
1. Report form the Chief Financial Officer on the following standard reports for the Fall Town
Meeting:
a. A report on the long-term financial forecast of revenue and major expense increases,
b. Transfers made by the Finance Committee from the Reserve Fund during the previous
fiscal year,
c. Transfers made during the previous fiscal year from the budget of one department to
the budget for another department by the Division Director responsible for both
departments,
d. The final budget and actual expenses for each budget category for the 2014 fiscal year,
e. The count of Full-Time Equivalent (FTE) staff employed in each department as of the
end of the 2014 fiscal year,
f. All revenue received during the 2014 fiscal year by each department, including the
School Department, from all grants or other funding sources not included in the
operating budget,
g. The fund balance at the end of FY2014 on all revolving funds and other funds not part
of a department budget,
h. For each special account (not a department account) the amount accumulated in the
special account over many years but not yet expended (not including grant revenue).
The report should also include the number of town employees funded and whether
these employees received town benefits. The non-departments should include but are
not limited to the following: Cultural Council, Elderly Disabled Committee,
Conservation, Media Services, Parking Meter, and Edgell Cemetery,
i. Update on the OPEB account including the incremental impact of new collective
bargaining agreements and current liabilities.
2. Report from the Director of Public Works on the following special projects:
a. Birch Road Wells project,
b. Update on current construction projects.
3. Report from the Town Clerk on the status of Town bylaws passed under Articles 35-40 at
the 2014 ATM.
4. Report from the Town Clerk regarding Town Meeting’s request to send to various elected
officials copies of the Resolution approved by the motion regarding divestment of
investments in Fossil Fuel Companies. (2014 ATM Article 26)
5. Report by the Town Manager on the follow up to the Matrix Consulting Group and
Assessment Review Committee reports regarding the Town’s assessing practices and
report the status of the recommendations and documentation requests. (2014 ATM Article
24)
6. Report from the Chief Financial Officer providing an assessment of the budgetary needs of
the Town for the next fiscal year and the anticipated change in the current year’s tax levy
recommended to be used in preparing the FY2016 fiscal year’s budget. (2014 ATM Article
36)
7. Report from the Selectmen on the estimated total of real estate assessments for the current
year and estimated tax rate for the following year.
8. Any other reports recommended by the Board of Selectmen or requested by a committee.
And after all reports are given the Moderator shall allow a period of time for Town Meeting
Members to ask questions on the reports and hear replies; then this article shall be disposed.
Sponsor: Standing Committee on Rules
ARTICLE 2 Payment of Prior Year Bills
To see if the Town will vote to authorize payments of unpaid bills of prior years of the Town
to be paid from the Fiscal Year 2015 departmental budgets in which they were incurred.
Pass any vote or take any action relative thereto.
Sponsor: Chief Financial Officer
ARTICLE 3 Transfer of Handicap Parking Fines Receipt
To see if the Town will vote to transfer the sum of $5,764 from the handicapped parking fines
receipt for appropriation fund, for expenditure by the Disability Commission on projects for
the benefit of persons with disabilities.
Pass any vote or take any action relative thereto.
Sponsor: Chief Financial Officer/Disability Commission
ARTICLE 4 Collective Bargaining Agreements
To see if the Town will vote to approve collective bargaining agreements for Framingham
Professional Administrators Union SEIU Local 888 and Framingham Police Officers Union and
additional unions if they settle in advance of Town Meeting.
Pass any vote or take any action relative thereto.
Sponsor: Chief Financial Officer / Human Resources
ARTICLE 5 FY 2015 COLA for Non-Union Employees
To see if the Town will vote to approve the FY2015 COLA for Non-Union Municipal
Employees and adopt any necessary changes to the corresponding Salary Schedules.
Pass any vote or take any action relative thereto.
Sponsor: Chief Financial Officer / Human Resources
ARTICLE 6 FY 2015 General Fund Budget Adjustments
To see if the Town will vote to approve certain adjustments and transfers within the FY2015
General Fund operating budget to balance the budget and implement year one of the threeyear budget model.
Pass any vote or take any action relative thereto.
Sponsor: Chief Financial Officer
ARTICLE 7 Anticipated Tax Levy Increase to Support FY 2016 Budget
Recent TM adoption of a by-law (See Article 35, ATM 2014) requests that the Town Manager
prepare and submit an article presenting an assessment of the Town's budgetary needs of the
Town for the next year and seeking the advice of Town Meeting on the maximum increase in
the property tax levy which should be used in preparing that fiscal year's budget at the
ensuing annual town meeting.
Pass any vote or take any action relative thereto.
Sponsor: Town Manager
ARTICLE 8 Amend Zoning Bylaw: Phase One - Re-codification of the Framingham
Zoning Bylaw
To see if the Town will vote to amend the Framingham Zoning By-law by:
(a) re-organizing, re-positioning, re-captioning and re-numbering portions of the Zoning
By-law;
(b) creating a Table of Uses which reflects the current use provisions of the Zoning By-law;
(c) adding definitions to define various uses in the Table of Uses consistent with the
provisions of the current Zoning By-law;
(d) making revisions to Section I.D of the Zoning By-law (nonconformities) to bring it into
conformance with current law and re-organize it;
(e) eliminating redundant or unnecessary provisions such as multiple severability and
enforcement clauses;
(f) making housekeeping amendments such as eliminating numbers in parentheses that
are already spelled out; correcting spelling and typographical errors; eliminating or
updating outdated statutory or other references; and deleting wording that simply
repeats provisions of state law;
(g) revising, re-organizing and clarifying the Administrative provisions; and
(h) making other amendments for clarification and consistency;
as set forth in the proposed amended Framingham Zoning By-law dated August 2014, which
shows portions of the Zoning By-law that have been changed or amended in “red-line” format,
on file in the offices of the Planning Board and Town Clerk and also posted on the Town of
Framingham website; excluding the “comments” which are not part of the proposed Zoning
By-law amendments and are solely for informational purposes;
Pass any vote or take any action relative thereto.
Sponsor: Planning Board / Board of Selectmen
ARTICLE 9 Amend Zoning Bylaw: Modification to Section IV.G.3.e.
Moderate Slope Requirement
To see if Town Meeting will vote to amend Section IV.G.3.e. of the Framingham Zoning Bylaw by replacing the existing words "of the lot" and "twenty percent" with the words "of the
entire lot prior to subdivision of the land into individual parcels" and "fifteen percent" and also
adding "Contours shall be at 2 foot intervals based on the most recent National Geodetic
Vertical Datum (NVGD). Plans shall
note the collection source of the contour data. Final slope shall be reviewed and confirmed by
the
Town Engineer and/or by the Town's professional consultant." as presented in the
background
information of the Town Meeting Warrant submitted for Fall Special Town Meeting.
Pass any vote or take any action relative thereto.
Sponsor: Planning Board
ARTICLE 10 Amend General Bylaws: Article VIII - Addition of §25: Sale of Water Bottles
To see if the Town will vote to amend the By-laws of the Town; Article VIII – Business and
Commerce Provisions
By adding the following:
Section 25 – Sale of Water Bottles
25.1 Sale of Drinking Water in Single-Serving PET Bottles
It shall be unlawful to sell polyethylene terephthalate (PET) single-serving bottles of 1 liter
or less that contain non-carbonated, unflavored drinking water in the Town of
Framingham on or after January 1, 2015.
25.2 Exemptions for Emergencies
A declaration of a water quality or water availability emergency by the Town’s Emergency
Management Director or other duly-authorized Town, Commonwealth, or United States
official shall be sufficient to temporarily restore the sale of water bottles banned by the
Bylaw until five days after such declaration has ended.
25.3 Means of Enforcement
The Town Manager or his/her designee shall be responsible for the enforcement of this
bylaw. The Town Manager or his/her designee is responsible for creating an inspection
process and executing such process.
25.4 Non-Criminal Disposition
Any establishment conducting sales in violation of this Bylaw shall be subject to a noncriminal disposition fine as specified by the Regulations for the Enforcement of Town
Bylaws under M.G.L. Chapter 40, §21D and the Penalties for Bylaw Violations adopted
under Article X of the Town’s General Bylaws. Any such fines shall be paid to the Town of
Framingham.
25.5 Fines
Any establishment that fails to comply with the provisions of this Section shall be punished
with the following fines:
First Offense: $50
Second Offense: $100
Third Offense: $200
Subsequent Offenses: $300
Sponsor: Citizens’ Petition (Andrew D’Amico)
ARTICLE 11 Amend General Bylaws: Article V, §22: Nuisance Bylaw
To see if the Town will amend Article V Section 22 of the General Bylaws, called the Nuisance
Bylaw, to better define aspects of a property that may create a nuisance, to remove incorrect
references to other Town Bylaws, and to otherwise clarify wording, and grammar and
formatting.
Pass any vote or take any action relative thereto.
Sponsor: Government Study Committee
ARTICLE 12 Amend General Bylaws: Article V §23: Motor Scooters Prohibited
To see if the Town will amend Article V to simplify police enforcement of motor scooter safety
by removing Section 23 of the Framingham General Bylaws, called “Motor Scooters
Prohibited”, and removing the related fees listed in Article X, thus leaving regulation of these
vehicles to MGL Chapter 90 § 1B-E.
Pass any vote or take any action relative thereto.
Sponsor: Government Study Committee
ARTICLE 13 Amend General Bylaws: Article I §5.10 and 5.11 - Public and Executive Session
Minutes
To see if the Town will amend the Town Bylaws Article I Section 5.10 and 5.11 by combining
these two sections, creating subsections, making minor edits, and defining procedures for
Executive Session Minutes in Section 5.11.
Pass any vote or take any action relative thereto.
Sponsor: Standing Committee on Rules
ARTICLE 14 Amend General Bylaws, Article II, § 9 (Role of Moderator) and Article III
Section 1.8 (Warrant Background Material)
To see if the Town will amend the Town Bylaws Article II, Section 9 by editing the text
regarding the role of the Moderator and amend the Town bylaws Article III Section 1.8
regarding Warrant Background Material.
Sponsor: Standing Committee on Rules
ARTICLE 15 Conservation Land Acquisition of the Snow Property, 95 Wayside Inn Road
To see if the Town of Framingham Town Meeting will vote to appropriate, and authorize the
Treasurer with the approval of the Selectmen to appropriate from the Town of Framingham
Conservation Fund the sum of $675,000 for the purpose of purchasing for conservation and
passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain
property together with buildings thereon, known as the SNOW PROPERTY consisting of 12.5
acres, more or less, as shown on a plan entitled "95 Wayside Inn Road - Boundary Map Town
of Framingham"; dated June 2014, that said land be conveyed to the Town of Framingham
under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may
hereafter be amended and other Massachusetts statutes relating to Conservation, to be
managed and controlled by the Conservation Commission of the Town, and the Conservation
Commission be authorized to file on behalf of the Town any and all applications deemed
necessary for grants and /or reimbursements from the Commonwealth of Massachusetts
deemed necessary under Chapter 132A, Section 11 and/or any others in any way connected
with the scope of this Article, and the Town and the Conservation Commission be authorized
to enter into all agreements and execute any and all instruments as may be necessary on behalf
of the Town to affect said purchase.
Pass any vote or take any action relative thereto.
Sponsor: Board of Selectmen
And you are directed to serve this Warrant by publishing a copy of the same in one issue of a
newspaper of general circulation in said Framingham, at least fourteen days before the date of
said meeting, also by posting copies of said Warrant in ten or more public places in said
Framingham fourteen days before the date of the meeting. Hereof fail not to make the return
of this Warrant with your doings thereon to the Town Clerk at the time and place of said
meeting.
Given under our hands this 23rd day of September in the year Two Thousand and Fourteen.
BOARD OF SELECTMEN
TOWN OF FRAMINGHAM
_____________________________
CHARLES J. SISITSKY, CHAIR
_____________________________
MICHAEL J. BOWER, VICE CHAIR
_____________________________
LAURIE A. LEE, CLERK
_____________________________
JASON A. SMITH, MEMBER
_____________________________
CHERYL TULLY STOLL, MEMBER