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2005 ANNUAL TOWN MEETING MOTIONS

COMMONWEALTH OF MASSACHUSETTS

 

FRANKLIN, SS:                                

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To either of the Constables of the Town of Sunderland in the County of Franklin, GREETINGS:

 

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in the elections and in town affairs, to meet at SUNDERLAND ELEMENTARY SCHOOL in said SUNDERLAND on Friday this TWENTY-NINTH day of April, TWO THOUSAND AND FIVE at 7:00 p.m. and act on the following articles:

 

Meeting was called to order at 7:04pm by Moderator, Robert T. Duby.

Town Clerk, Wendy Houle, read the Constables Return.

Town Clerk, Wendy Houle, swore in Tellers Richard Dickinson, Anthony Leger, Brenda Russo, and Liz Sillin.

Town Meeting participated in the Pledge of Allegiance.

Moderator, Robert T. Duby, recognized 2004 Annual Report dedication recipient Russ Cranshaw.

 

All articles on this warrant require a simple majority unless otherwise indicated or required by the motion.

All motions were made by Thomas D. Fydenkevez, Jr., Scott A. Bergeron, and Michael A. Wissemann, unless otherwise noted.

 

ARTICLE 1:  Move that the Town hear the reports of the Selectmen, the Sunderland School Committee and all other Town Officers, Boards, Committees and Commissions.

            SUBMITTED BY:                   Selectmen                    

SECONDED                                                PASSED                                   UNANIMOUS

 

Vote taken April 29, 2005

 

 

ARTICLE 2:  Move that the Town vote, under the provisions of M.G.L. Chapter 41, Section 108, to set the salaries and compensation of all its elected officials connected therewith for Fiscal Year 2006.

 

Assessors:        Chairman   $2,951. annually      Clerk   $2,951. annually            Member   $2,951. annually

Moderator:       $200 annually

Planning Board Chairman    $792 annually    Clerk      $792 annually          Member      $528 annually

Town Clerk:     $36,050 annually

Selectmen:        Chairman   $3,500 annually Clerk   $3,000 annually       Member   $3,000 annually

           

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:     5-0    

SECONDED                                                PASSED                                 UNANIMOUS   

 

Vote taken April 29, 2005

 

 

 

ARTICLE 3:  Move that the Town raise and appropriate $6,565,419.00, transfer from Overlay Surplus,  $150,000.00,  appropriate from Ambulance Reserve the sum $35,000.00, appropriate from Ambulance Revolving the sum $40,126.00 for a sum total of $6,790,545.00 for town and general municipal purposes connected therewith for Fiscal Year 2006, as set forth in the handout entitled, “Town of Sunderland FY 2006 Budget”.

           

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:                                             

            FINANCE COMMITTEE RECOMMENDATION:

 

SECONDED

 

Amendment:  To increase under Fired Department (line 100) Deputies $136.00.

Seconded                                 Passed                                       Unanimous

 

Main Motion with amendment

 

Move that the Town raise and appropriate $6,565,555.00, transfer from Overlay Surplus,  $150,000.00,  appropriate from Ambulance Reserve the sum $35,000.00, appropriate from Ambulance Revolving the sum $40,126.00 for a sum total of $6,790,681.00 for town and general municipal purposes connected therewith for Fiscal Year 2006, as set forth in the handout entitled, “Town of Sunderland FY 2006 Budget”.

 

PASSED                                                   MAJORITY

 

Vote taken April 29, 2005

 

         

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Article 4 through 8 inclusive are so called Consent Articles.

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Selectmen Recommendation to Consent Articles 3-0

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Finance Committee Recommendation to Consent Articles

CONSENT ARTICLES SECONDED               PASSED                         UNANIMOUS

 

ARTICLE  4: Move that the Town re-authorize the establishment of the following revolving funds pursuant to the provisions of Massachusetts General Laws Chapter 44, section 53E ½, in order to allow fees and or fines to be spent without further appropriation for services rendered by: 

Wiring Inspector

Fees for inspection services rendered, to be used for payment of expenses, including wages for part-time employees related to provision of such services. Expenditures from this fund will not exceed $5,500

Plumbing Inspector

Fees for inspection services rendered, to be used for payment of expenses, including wages for part-time employees related to provision of such services. Expenditures from this fund will not exceed $3,000

Ambulance Service

Fees for ambulance services rendered, to be used for payment of expenses, including wages for part-time employees related to provision of such services. Expenditures from this fund shall not exceed $40,126

Board of Health         

Fees and fines for Board of Health services rendered, to be used for payment of expenses, including wages for part-time employees/agents related to provision of such services. Expenditures from this fund shall not exceed $18,000:

Sunderland Public Library Community Room

Receipts from the rental of the Sunderland Public Library Community Room to be used for maintenance of the Library Community Room and related expenses. Expenditures from this fund shall not exceed $5,000

           

              SUBMITTED BY:                 Selectmen        

PASSED                                                          UNANIMOUS

 

Vote taken April 29, 2005

 

                       

ARTICLE  5:  Move that the Town authorize the Board of Selectmen to apply for, accept and expend any grants or donations from State or Federal governments or private agencies, individuals or institutions.

           

            SUBMITTED BY:                   Selectmen        

 

PASSED                                                          UNANIMOUS

 

Vote taken April 29, 2005

 

           

ARTICLE  6:  Move that the Town accept and expend any sum or sums of money which may be available from the State for Chapter 90 work for road improvement and equipment expense.     

 

            SUBMITTED BY:                   Selectmen and Highway Superintendent

PASSED                                                          UNANIMOUS

 

Vote taken April 29, 2005

 

                       

ARTICLE  7:  Move that the Town vote under the provisions of M.G.L. Chapter 40, Section 4A to authorize the Board of Selectmen to enter into inter-municipal agreement.

           

           SUBMITTED BY:                    Selectmen  

PASSED                                                           UNANIMOUS

 

Vote taken April 29, 2005

 

                       

ARTICLE  8:  Move that the Town authorize the Board of Selectmen to enter into contracts for goods and services with duration in excess of three years under the provision of M.G.L. chapter 30B, section 12, paragraph (b).

           

            SUBMITTED BY:                   Selectmen

PASSED                                                           UNANIMOUS

 

Vote taken April 29, 2005

 

 

ARTICLE  9:  Move that the Town transfer from the Stabilization Fund the sum of $31,000.00, to purchase and equip a new 4 Wheel Drive vehicle for the Police Department. 

Requires a 2/3 Vote according to MGL C.40 § 5B

 

            SUBMITTED BY:                   Police Chief                             

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  4-0-1

SECONDED                                                     PASSED                              UNANIMOUS

 

Vote taken April 29, 2005

 

ARTICLE 10:  Move that the Town transfer from the Stabilization Fund the sum of $3,600.00 to purchase and equip three computers for the Police Department.

Requires a 2/3 Vote according to MGL C.40 § 5B

 

SUBMITTED BY:                 Police Chief                   

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:

SECONDED                                                       PASSED                                  UNANIMOUS

 

Vote taken April 29, 2005

 

ARTICLE 11: Move that the Town transfer from the Stabilization Fund the sum of $15,613.00 (the Town’s share of a total $65,000 appropriation) for installation of new windows and doors, and making other necessary repairs to the Frontier Regional School District Central Office Building.

Requires a 2/3 Vote according to MGL C.40 § 5B

 

            SUBMITTED BY:                   Frontier Regional School District

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:   5-0

            PERMANENT BUILDING COMMITTEE RECOMMENDATION:  4-0

 

SECONDED                                                   PASSED                           2/3 DECLARED BY MODERATOR

 

Vote taken April 29, 2005

 

          

ARTICLE 12:  Move that the Town approve the Springfield Materials Recycling Facility Municipal Agreement with Recycle America Alliance and the Massachusetts Department of Environmental Protection for the receipt and processing of the town’s recyclable materials at the Springfield Materials Recycling Facility for ten years.  The town will receive $15.67 per ton of recyclables plus a share of the revenue generated from the sale of recyclables per contract.

 

           SUBMITTED BY:                  Selectmen

           SELECTMEN RECOMMENDATION:           3-0                              

           FINANCE COMMITTEE RECOMMENDATION:    5-0

 

SECONDED                                                  PASSED                                 UNANAIMOUS

 

Vote taken April 29, 2005

 

 

ARTICLE 13:  Move that the Town transfer from Stabilization Fund the sum of $70,000.00 to engineer, construct, and erect a Veterans Memorial Monument and Park.

Requires a 2/3 Vote according to MGL C. 40 § 5B

 

           SUBMITTED BY:                    Veteran’s Memorial Committee                            

           SELECTMEN RECOMMENDATION:           1-2                              

           FINANCE COMMITTEE RECOMMENDATION:    3-1-1

SECONDED

 

Amendment:

contingent upon approval of the design of the Veterans Memorial Monument and Park at Town Meeting.

 

Seconded                                               Passed                                     Majority

 

 

Motion to Move the Question (Amendment)

Seconded                                               Passed                                   Unanimous

 

Motion to Move the Question (Main Motion)

Seconded                                               Passed                                  Unanimous

 

Main Motion with Amendment:

 

Move that the Town transfer from Stabilization Fund the sum of $70,000.00 to engineer, construct, and erect a Veterans Memorial Monument and Park, contingent upon approval of the design of the Veterans Memorial Monument and Park at Town Meeting.

 

                                  PASSED  BY 2/3 VOTE                   YES:  73               NO:  34

 

Vote taken April 29, 2005

 

 

ARTICLE 14:  Move that the Town transfer from the Sewer Reserve Fund the sum total of $14,097.00 to repair Pump Station Roof ($10,795.00), Pump Station Compressors ($1,397.00), Intrusion Alarms Pump Stations and Treatment Plant ($1,905.00).

            SUBMITTED BY:                   Selectmen/Sewer Commissioners

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  5-0

            PERMANENT BUILDING COMMITTEE RECOMMENDATION:  4-0

SECONDED                                              PASSED                          UNANIMOUS

 

Vote taken April 29, 2005

 

 

ARTICLE 15:  :  Move that the Town transfer from the Sewer Reserve Fund the sum of $35,000.00 to up grade the chlorination system at the Waste Water Treatment Plant

            SUBMITTED BY:                   Selectmen/Sewer Commissioners

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  5-0

            PERMANENT BUILDING COMMITTEE:  4-0

SECONDED                                             PASSED                            UNANIMOUS

 

Vote taken April 29, 2005

 

 

ARTICLE 16:  Move that the Town transfer from the Stabilization Fund the sum of $20,000.00, to construct a relief access way at the northeast end of Swampfield Drive which would include a walkway for pre-school & kindergarten children, parking for 21 +/- vehicles, and preparations for plantings according to the “Conceptual Traffic Mitigation Design Scheme” prepared by a team from the Landscape Architecture and Regional Planning Department at the University of  Massachusetts at Amherst, under the direction of Daniel M. Dulaski, Engineer, and as presented by Adam Kwartowitz, Architect

Requires a 2/3 Vote according to MGL C.40 § 5B

 

 

              SUBMITTED BY:  Selectmen

              SELECTMEN RECOMMENDATION:        0-3                              

              FINANCE COMMITTEE RECOMMENDATION:  0-0-5

              PERMANENT BUILDING COMMITTEE RECOMMENDATION:  0-4

SECONDED

Motion to withdraw this motion by Michael A. Wissemann (made original motion) due to the fact that the design mentioned can not be fulfilled and would be looked at to make a more feasible design.

SECONDED                                            PASSED                           UNANIMOUS

 

Vote taken April 29, 2005

 

 

 

ARTICLE 17:  Move that the Town vote to accept a citizens’ petition titled “In Support of a Traffic Safety Proposal at the Sunderland Elementary School”, which states “We, the undersigned residents of the Town of Sunderland, hereby express our strong support for addressing the safety issues and traffic patterns at the Sunderland Elementary School as put forth in a “Conceptual Traffic Mitigation Design Scheme” prepared by a team from the Landscape Architecture and Regional Planning Department at the University of Massachusetts at Amherst, under the direction of Daniel M. Dulaski, Engineer, and as presented by Adam Kwartowitz, Architect.

 

This proposal was the result of a request made to them “to decrease the number of conflict points on the site, improve traffic circulation, and decrease the pedestrian exposure and interaction potential” while taking into account safety and access issues expressed by the Sunderland Fire and Police Departments.  Additional stake holders in this request include the parents’ group KEEPSS, the Permanent Building Committee, Sunderland School Committee, and as brought to the attention of the Sunderland Highway Department, and the Sunderland Selectboard out of concern for the students in attendance at the School.

 

Because all have indicated an interest in a feasible resolve, and keeping in mind fiscal restraints as expressed by the Finance Committee, this Petition advances a three phase implementation plan.

 

Phase I   To construct a relief access way at the northeast end of Swampfield Road which would include a walkway for pre-school & kindergarten children, parking for 21 +/- vehicles, and preparations for plantings; (estimated cost:  up to $20,000.00)

Phase II  To construct an access road and walkway on the West side of the current parking area to complement the upper grades pick up and delivery zone with preparation for plantings.

(estimated cost:  up to $12,000.00)

Phase III  To complete the landscaping the landscaping necessary to finish the two prior phases.

(Estimated cost:  up to $4,000.00)

 

This petition advances the 3 phase concept and specifically requests the amount of up to $20,000.00 to conduct Phase I as to be undertaken by the Sunderland Highway Department as soon as weather and working conditions permit.

 

 

 

            SUBMITTED BY:                   Citizen’s Petition

            SELECTMEN RECOMMENDATION:          0-3                              

            FINANCE COMMITTEE RECOMMENDATION:  0-0-5

            PERMANENT BUILDING COMMITTEE RECOMMENDATION: 0-4

Motion made by Robert C. White, submitter of the petition

Seconded by Thomas D. Fydenkevez, Jr.

Robert C. White made a motion to withdraw

Seconded

                                    PASSED                                           UNANIMOUS

 

Vote taken April 29, 2005

 

 

ARTICLE 18:  Move that the Town designate as an Economic Opportunity Area (EOA) the area known as American Lease Insurance Agency Corporation shown as Lot 61 of Assessors’ Map 13 and described in the American Lease Economic Opportunity Area Application dated December 6, 2004 as amended which is on file with the Town Clerk, the Assessor’s Office, and Selectmen’s Office; and that the Town authorize the Board of Selectmen to offer, subject to Town Meeting approval the granting of Tax Increment Financing (TIF) agreements for qualified economic development projects undertaken within said Economic Opportunity Area.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  0-4-1

SECONDED  

Motion to move the question                Seconded                        Declared passed by Moderator                                    

 

MAIN MOTION

 

                                                      PASSED                                      MAJORITY

 

Vote taken April 29, 2005

 

        

ARTICLE 19  :  Move that the Town approve the Project Certification Application dated May 31, 2004 as amended, submitted  by American Lease Insurance Agency Corporation for acquisition/expansion/renovation of a facility within the American Lease Economic Opportunity Area shown as Lot 61 of Assessors’ Map 13 (Exhibit A of the EOA application) and the form of Tax Incremental Financial (TIF) agreement between American Lease Insurance Agency Corporation and The Socrate Corporation and the Town of Sunderland.  This approval is for the information contained in both the Economic Opportunity Area Application and the Project Certification Application that confirms:

       a.  The project as proposed is consistent with and can reasonably be expected to benefit significantly from the inclusion in the Economic Opportunity Area; and

       b.  The project is the only project certified for the Economic Opportunity Area and will not overburden the Town’s infrastructure and utilities servicing the EOA; and

       c.  The project as described in the Project Certification Application will increase employment for residents of the Greater Franklin County Economic Target Area, thereby reducing economic depression; and

      d.  The Town requests that the project be designated a certified project for a term of ten (10) years.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  0-4-1

SECONDED                                       PASSED                                     MAJORITY

 

Vote taken April 29, 2005

 

 

 

ARTICLE 20:  Move that the Town designate as an Economic Opportunity Area (EOA) the area known as Blue Heron Café & Restaurant LLC shown as Lot 53 of Assessors’ Map 6 and described in the Old Town Hall Economic Opportunity Area Application dated December 6, 2004 as amended which is on file with the Town Clerk, the Assessor’s Office, and Selectmen’s Office; and that the Town authorize the Board of Selectmen to offer, subject to Town Meeting approval the granting of Tax Increment Financing (TIF) agreements for qualified economic development projects undertaken within said Economic Opportunity Area.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  0-4-1

 

SECONDED                                      PASSED                                  MAJORITY

 

Vote taken April 29, 2005

 

 

 

ARTICLE 21:  Move that the Town approve the Project Certification Application dated October 26, 2004 as amended, submitted by Blue Heron Café & Restaurant LLC for acquisition/expansion/renovation of a facility within the Old Town Hall Economic Opportunity Area shown as Lot 53 of Assessors’ Map 6 (Exhibit A of the EOA application) and the form of Tax Incremental Financial (TIF) agreement between Blue Heron Café & Restaurant LLC and Blue Heron Realty LLC and the Town of Sunderland.  This approval is for the information contained in both the Economic Opportunity Area Application and the Project Certification Application that confirms:

       a.  The project as proposed is consistent with and can reasonably be expected to benefit significantly from the inclusion in the Economic Opportunity Area; and

       b.  The project is the only project certified for the Economic Opportunity Area and will not overburden the Town’s infrastructure and utilities servicing the EOA; and

       c.  The project as described in the Project Certification Application will increase employment for residents of the Greater Franklin County Economic Target Area, thereby reducing economic depression; and

      d.  The Town requests that the project be designated a certified project for a term of ten (10) years.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  0-4-1

SECONDED                                                 PASSED                                         MAJORITY

 

Vote taken April 29, 2005

 

 

ARTICLE 22:  Move that the Town designate as an Economic Opportunity Area (EOA) the area known as Button Box shown as Lot 81 of Assessors’ Map 6 and described in the Button Box Economic Opportunity Area Application dated December 6, 2004 as amended which is on file with the Town Clerk, the Assessor’s Office, and Selectmen’s Office; and that the Town authorize the Board of Selectmen to offer, subject to Town Meeting approval the granting of Tax Increment Financing (TIF) agreements for qualified economic development projects undertaken within said Economic Opportunity Area.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  2-3

SECONDED                                                  PASSED                                    MAJORITY

 

Vote taken April 29, 2005

 

 

ARTICLE 23:  Move that the Town approve the Project Certification Application dated October 14, 2004 as amended, submitted by Button Box for acquisition/expansion/renovation of a facility within the Button Box Economic Opportunity Area shown as Lot 81 of Assessors’ Map 6 (Exhibit A of the EOA application) and the form of Tax Incremental Financial (TIF) agreement between Button Box and Richard Morse III and the Town of Sunderland.  This approval is for the information contained in both the Economic Opportunity Area Application and the Project Certification Application that confirms:

       a.  The project as proposed is consistent with and can reasonably be expected to benefit significantly from the inclusion in the Economic Opportunity Area; and

       b.  The project is the only project certified for the Economic Opportunity Area and will not overburden the Town’s infrastructure and utilities servicing the EOA; and

       c.  The project as described in the Project Certification Application will increase employment for residents of the Greater Franklin County Economic Target Area, thereby reducing economic depression; and

      d.  The Town requests that the project be designated a certified project for a term of ten (10) years.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0                              

            FINANCE COMMITTEE RECOMMENDATION:  2-3

 

SECONDED                                                      PASSED                                    MAJORITY

 

Vote taken April 29, 2005

 

 ARTICLE 24:  Move that the Town endorse a citizens petition entitled, Resolution Of The Town of Sunderland Concerning The Massachusetts National Guard And The War on Iraq, which states; WHEREAS, the Town and its citizens strongly support the men and women serving in the United States Armed  Forces in Iraq and recognize the sacrifices that each of them is making.  The Town and its citizens stand ready to help these fellow citizens in any way they can.

WHEREAS, in October 2002 the United States Congress adopted a Joint resolution to Authorize the use of United States Armed Forces Against Iraq, relying on statements that were untrue, when in fact the United States:

·        was not threatened with attack by Iraq,

·        Saddam Hussein had no weapons of mass destruction,

·        Saddam Hussein had no role in the 9/11 attacks.

WHEREAS, in going to war, the President did not meet the conditions imposed by Congress, failing to show Congress why he:

·        decided that diplomatic or peaceful means alone would not protect the national security of the United States or lead to enforcement of Security Council resolutions on Iraq,

·        Decided that going to war was a necessary action against Iraq on the theory—never proven—that Iraq authorized, committed, or aided in the 9/11 attacks.

WHERAS, the war has resulted in serious, adverse, and potentially long-lasting consequences for the United States and for the chances for a just and durable peace in Iraq and the Mid-East;

WHEREAS, the United States Constitution provides that Congress shall have the power to:  “provide for calling forth the Militia to execute the Laws of the Union, to suppress insurrections and repel Invasion,” and the Massachusetts Constitution provides for the General Assembly to direct the training and arming of members of the Massachusetts National Guard for defense of the Commonwealth;

WHEREAS, at least since 1986 the President and the congress have had nearly total control over state militias, including the Massachusetts National Guard;

WHERAS, the costs of the call-up of Massachusetts National Guard members for deployment in Iraq has been significant, as reckoned in lost lives, combat injuries, psychic trauma, disruption of family life, financial hardship for individuals, families, and businesses, interruption of careers, and damage to the fabric of civic life in many Massachusetts communities;

WHERAS, these are costs which would be suffered willingly were there a threat to our nation, but which are not tolerable where there is none;

WHEREAS, Massachusetts citizens have joined the Guard thinking that they would be serving their neighbors by helping with Massachusetts-based emergencies, unless there was a danger to America requiring transfer to active duty;

WHEREAS, stop-loss orders violate the mutual understanding between Massachusetts citizens in the Guard and the Commonwealth and nation they agreed to serve; and

WHEREAS, there is reason to believe that the federalization and deployment of Massachusetts National Guard members has rendered the remaining Guard force unable to carry out its state activities effectively;

NOW, THEREFORE, IT IS HEREBY:

RESOLVED, that the Town requests the members of Massachusetts’ Congressional Delegation to urge Congress to restore the balance between the federal government and the states, limiting the nearly complete federal control over State National Guard units to cases where:

·        there is reasonable evidence that war powers are requested in order to protect against a threat to the territory of the United States,

·        there is an insurrection or a plausible threat of insurrection; or

·        there is a declaration of war under the United States Constitution;

RESOLVED, that the Town requests the General Assembly of the Commonwealth of Massachusetts, exercising its power under Ch. xx Sec. xx of the Massachusetts Constitution, to:

·        investigate and discuss whether members of the Massachusetts National Guard have been called to active service and assigned to duties relating to the war in Iraq in conformity with the U.S. Constitution and federal laws, including the 2002 Congressional Resolution on Iraq; and

·        create a commission or other body to collect statutory, historical, and statistical information about the role of the National Guard in serving the Commonwealth of Massachusetts; and

·        to study the impact of the federalization and deployment of its members on the ability of the Guard to perform its mission in Massachusetts;

RESOLVED, that it is the will of the town that the President and the Congress take steps to withdraw American troops from Iraq now, consistently with the mandate of international humanitarian law; and

RESOLVED, that the Town Clerk send a copy of this Resolution to:

·        each member of the Massachusetts Congressional Delegation, the Sunderland representatives in the General Assembly

·        the Massachusetts Governor,

·        the speaker of the Massachusetts House,

·        the President Pro Tempore of the Massachusetts Senate,

·        the Adjutant General of Massachusetts.

            SUBMITTED BY:                   Citizen’s Petition

Motion made by petition submitter Gordon Tripp

SECONDED by Thomas D. Fydenkevez, Jr.

 

Motion to Move the question

Seconded                                              Passed                             Yes:  61                No:  16

 

MAIN MOTION:

                                          PASSED                         YES:  50              N0:  31

 

Vote taken April 29, 2005

 

 

ARTICLE 25: I move that the Town amend the Code of Sunderland, Section 14-2 by inserting the words “up to” after the words “consisting of” and before the word “nine”, and by inserting the following new sentence, so that Section 14-2 reads as follows:

 

There shall be a Finance Committee, hereinafter called the “Committee”, consisting of up to nine (9) residents of the Town, other than Town officers, appointed by the Moderator.  A quorum of the Committee shall constitute a majority of the then-appointed members of the Committee.

 

And further, to amend Section 14-3 by deleting the first clause thereof and replacing it with the following underlined text, so that the section will read as follows:

 

The Moderator shall appoint members of the Committee for alternating three-year terms, the expiration date being August 15 after the Annual Town Meeting.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:  3-0 

            FINANCE COMMITTEE RECOMMENDATION:   5-0

SEONDED                                                 PASSED                                        UNANIMOUS       

 

Vote taken April 29, 2005

           

 

 

ARTICLE 26: Move that the Town amend the Code of Sunderland, Section 14-4, relating to the Finance Committee, by deleting the first sentence, “No member shall serve more than three (3) consecutive full terms.” To read:  Any member who shall move from the Town shall cease to be a member of the Committee.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0

            FINANCE COMMITTEE RECOMMENDATION:   5-0      

 

SECONED                                                  PASSED                                    MAJORITY  

Vote taken April 29, 2005

           

   

ARTICLE 27:  Move that the Town amend the Code of Sunderland by inserting a new section called “Agricultural Commission” to include “There shall be an Agricultural Commission to address agricultural issues and represent agricultural interest in the Town of Sunderland.  Duties and Responsibilities:  The duties and responsibilities of the commission shall include, but not be limited to:  1. Advising the Board of Selectmen, Planning Board, Conservation Commission, Board of Health, and Historical Commission on projects and activities involving agricultural lands in town;  2.  Engaging in projects and activities to promote the business of farming, farming activities and tradition, and farmland protection in town including educational programs and community events; and, 3.  Reporting to Town Meeting on its projects and activities on annual basis.  Members; Appointment:  The Commission shall be composed of five-members, appointed by the Board of Selectmen, to include one concurrent member of the Conservation Commission and four at-large Town resident representatives.  At least three of the members of the Commission shall be engaged in the business of farming or related agricultural industries.   The Board of Selectmen shall fill a vacancy based on the unexpired term of the vacancy and in such manner so as to maintain the aforesaid composition of the Commission.  Terms:  Two members shall be appointed for three year terms; one member for a two year term and three years thereafter; one member for a one year term and three years thereafter and the Conservation Commission member shall be appointed annually.

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0      

 

SECONDED                                                   PASSED                                  UNANIMOUS        

 

Vote taken April 29, 2005

           

    

ARTICLE 28:  Move that the Town amend the Code of Sunderland, Chapter 125 of the Zoning By-Laws by deleting certain underlined text and inserting italicized text, as set forth in the handout entitled “Amendments to Chapter 125 of the Code of the Sunderland, Zoning Bylaw, Spring, 2005

 

Requires a 2/3 Vote, according to MGL Chapter 40A § 5

 

Stephen Schneider from the Planning Board made an oral recommendation.

 

Vote taken April 29, 2005

 

 

            SUBMITTED BY:                   Selectmen

            SELECTMEN RECOMMENDATION:          3-0      

                       

SECONDED                                                     PASSED                                  UNANIMOUS

 

Motion to dissolve at 10:54pm by Thomas D. Fydenkevez, Jr.

Seconded by Scott A. Bergeron

                                                           PASSED                                                     UNANIMOUS

 

 

Respectfully submitted,

 

 

 

Wendy Houle, CMC/CMMC

Sunderland Town Clerk