2006

Unofficial

2006 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-EIGHTH day of April, TWO THOUSAND AND SIX at 7:30 p.m. and act on the following articles:

Meeting called to order by Robert T. Duby, Moderator at 7:30pm.

Constable’s Return read by Wendy Houle, Town Clerk.

Town Clerk swore in tellers Elizabeth Sillin, Lorin Starr, James Williams, Jr. and Thomas Zimnowski.

Moderator called for the Pledge of Allegiance.

Moderator recognized Annual Report Dedication to Sunderland’s volunteer’s, Mike Walunas for the Spirit of Sunderland and Joseph Pilvinis, Robert E. Radowicz, Michael P. Telega, Richard M. Warner and Robert H. Warner all of whom gave of their time to the town and passed away in 2005 a moment of silence was observed.

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

Majority Vote (no statutory reference)

SUBMITTED BY: Selectmen

Seconded Passed Unanimous

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 2007.

Assessors: Chairman $3,069 annually Clerk $3,069 annually Member $3,069 annually

Moderator: $200 annually

Planning Board: Chairman $750 annually Clerk $750 annually Members each $500 annually

Town Clerk: $37,492.00 annually

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

Majority Vote-G.L. c.41, §108

SUBMITTED BY: Selectmen

Seconded Passed Unanimous

ARTICLE 3: Move that the Town vote to transfer from Free Cash the sum of $198,565.00, to permanently pay off the principal and interest related to borrowing for the Graves Memorial roof and Landfill capping.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Selectmen

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

Seconded Passed Unanimous

ARTICLE 4: Move that the Town vote to raise and appropriate $6,809,409.00, appropriate from Ambulance Reserve the sum $81,000.00, appropriate from Comcast Revenue Account the sum $6,400.00 appropriate from Free Cash the sum $208,574.00 for a sum total of $7,105,383.00 for town and general municipal purposes connected therewith for Fiscal Year 2007, as set forth in the handout entitled, “Town of Sunderland FY 2007 Budget”.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Selectmen

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 6-0

Seconded Passed Unanimous

Amendment

Peter Gagarin made a motion to increase line item 132 by $30,000.00. Robert T. Duby, Moderator called the amendment out of order, not in the scope of the article.

	Articles 5 through 9 inclusive are so called Consent Articles.
	Selectmen Recommendation to Consent Articles:
	Finance Committee Recommendation to Consent Articles:

CONSENT ARTICLES

ARTICLE 5: Move that the Town vote to 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

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 $19,777.

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.

Majority Vote-G.L. c. 44, 53E ½

SUBMITTED BY: Selectmen

Seconded Passed Unanimous

ARTICLE 6: Move that the Town vote to 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.

Majority Vote-(no statutory reference; see G.L. c. 44, 53A)

SUBMITTED BY: Selectmen

Seconded Passed Unanimous

ARTICLE 7: Move that the Town vote to 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.

Majority Vote-(no statutory reference; see G.L. c. 44, 53)

SUBMITTED BY: Selectmen and Highway Superintendent

Seconded Passed Unanimous

ARTICLE 8: 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.

Majority Vote-G.L. c. 40, §4A

SUBMITTED BY: Selectmen

Seconded Passed Unanimous

ARTICLE 9: Move that the Town vote to authorize the Board of Selectmen to enter into contracts for goods and services with duration in excess of three years under the provisions of M.G.L. chapter 30B, section 12, paragraph (b).

Majority Vote-(no statutory reference; see G.L. c. 30B, §12)

SUBMITTED BY: Selectmen

Seconded Passed Unanimous

ARTICLE 10: Move that the Town vote to approve the design for the Sunderland Veterans’ Memorial and Memorial Park.

Majority Vote-(no statutory reference)

SUBMITTED BY: Veterans’ Committee

SELECTMEN RECOMMENDATION: 3-0

Seconded Passed Majority

ARTICLE 11: Move that the Town vote to establish the Sunderland Veterans’ Memorial Park and Perpetuity Fund by transferring $7,000.00 from the Sunderland Veterans’ Memorial Committee account. $5,000.00 shall be made permanent and kept as un-expendable principal. The $2,000.00 balance, together with any income that accrues and other donations made to the “fund” should be made available to provide funds as necessary for care and improvement of the Memorial and Memorial Park except as noted: The Town of Sunderland will fund maintenance of the park grounds including snow removal, leaf removal, grass cutting, tree and shrub trimming, lawn and plant feeding and fertilizing. The governance of the “Fund” shall be the Board of Selectmen. The Town Treasurer shall manage, invest, and account for the assets in the “Fund”. The Memorial Park is the southeast lawn of the Town Office building, 12 School Street, bounded on the west by the paved walkway to the Town Office building, on the south by School Street, on the east by the municipal lot boundary, and on the north by a line extending eastward from the south side of the Town Office building.

Majority Vote-Section 8, Amend. Art. 2 of the Massachusetts Constitution

SUBMITTED BY: Veterans Memorial Committee

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

Seconded Passed Unanimous

ARTICLE 12: Move that the Town vote to transfer from Free Cash the sum of $50,000.00 to provide funds for the Conservation Fund, according to Chapter 40, Section 8C of the General Laws.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Conservation Commission

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

Seconded Passed Unanimous

ARTICLE 13: Move that the Town vote to transfer from line item 001-210-5820-005, Article 13 of the October 21, 2002 Special Town Meeting, the sum of $6,500.00 to purchase a new voting machine.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Town Clerk

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

Seconded Passed Unanimous

ARTICLE 14: Move that the Town vote to transfer from line item 001-210-5820-005, Article 13 of the October 21, 2002 Special Town Meeting, the sum of $15,000.00 to purchase new video and audio equipment for the Police Department.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Police Department

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 4-0-1

Seconded Passed Unanimous

ARTICLE 15: Move that the Town vote to transfer from line item 001-210-5820-005, Article 13 of the October 21, 2002 Special Town Meeting, the sum of $1,950.00 to purchase roof snow guards, drainage materials for down spouts and an outside light for the Public Safety Complex.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Fire Chief

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

PERMANENT BUILDING COMMITTEE RECOMMENDATION: 4-0

Seconded Passed Unanimous

ARTICLE 16: Move that the Town vote to transfer from Free Cash the sum of $16,386.00 (the Town’s share of a total $65,000 appropriation) for HVAC, and electrical work and making other necessary repairs to the Frontier Regional School District Central Office Building.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Frontier Regional School District

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

PERMANENT BUILDING COMMITTEE: 4-0

Seconded Passed Unanimous

ARTICLE 17: Move that the Town transfer from Sewer Reserve the sum total of $24,510.00 to repair the clarifiers ($8,000.00) and the exhaust blowers and wet well duct ($16,510.00) at the wastewater treatment facility.

Majority Vote -G.L. c. 40, §5

SUBMITTED BY: Selectmen/Sewer Commissioners

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

PERMANENT BUILDING COMMITTEE RECOMMENDATION: 4-0

Seconded Passed Unanimous

ARTICLE 18: Move that the Town vote to dispose of a surplus 1981 Brush Truck by donating it to the Sunderland Firemen’s Association in accordance with MGL c. 30B §15 (g).

Majority Vote-G.L. c. 30B, §15 (g)

SUBMITTED BY: Board of Selectmen/Fire Chief

SELECTMEN RECOMMENDATION: 5-0

FINANCE COMMITTEE RECOMMENDATION

WITHDRAWN

ARTICLE 19: Move that the Town vote to accept as a gift, a parcel of land located on the corner of North Main Street and Claybrook Road, described as Assessors Map 5, Plot 15, 4365 sq. ft.,

Majority Vote-G.L. c. 40, §3

SUBMITTED BY: Board of Assessors

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

Seconded Passed Unanimous

ARTICLE 20: Move that the Town vote to transfer care, custody, management and control of the so-called Graves Memorial Library property, which is located at 109 North Main Street and described in a deed recorded with the Franklin County Registry of Deeds in Book 468, Page 3, from the Board of Library Trustees for library purposes, to the Board of Selectmen for general municipal purposes, and further, to transfer the so-called Endowment Fund, which is to be used for the preservation of the Library, to the custody of the Town Treasurer to be invested and expended in accordance with the requirements of the Preservation Restriction Agreement between the Town and the Commonwealth of Massachusetts, Massachusetts Historical Commission.

2/3 Vote-G.L. c. 40, §§15, 15A

SUBMITTED BY: Sunderland Library Trustees

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION:

PERMANENT BUILDING COMMITTEE RECOMMENDATION: 4-0

Seconded Passed Unanimous

ARTICLE 21: To see if the Town will vote to amend the Code of the Town of Sunderland, Zoning bylaws, Chapter 125, §5. Dimensional Requirements., paragraph B. Delete text in ~~strikethrough~~, as follows:

B. Principal building. Not more than one (1) dwelling ~~unit~~ shall be erected on a lot in a residential district or a commercial district, except as follows. There may be more than one (1) principal building on a lot in the C-1 Commercial District provided that a Special Permit is granted in accordance with the requirements of Section 125-5.1 Planned Unit Development. There may be more than one (1) principal building on a lot in a residential or commercial district as long as each building is a municipal use. [Amended 11-29-1999 STM, Art. 1; 4-28-2000 ATM, Art. 48; 4-29-2002 ATM, Art. 29]

Requires 2/3 Vote-G.L. c. 40A, §5

SUBMITTED BY: Planning Board

SELECTMEN RECOMMENDATION: 3-0

Dana Roscoe, Chair of the Planning Board gave an oral report.

Seconded Passed Unanimous

ARTICLE 22: Move that the Town vote to amend the Code of Sunderland, Personnel bylaws, Chapter 31, §31-7. Overtime., paragraph C. Add text in italics, as follows:

§31-7. Overtime.

C. Only actual hours worked, legal holidays, earned vacation hours and earned personal hours count towards computing weekly overtime.

Majority Vote-G.L. c. 40, §21; G.L. 41 §108C

SUBMITTED BY: Personnel Committee

SELECTMEN RECOMMENDATION: 3-0

PERSONNEL COMMITTEE RECOMMENDATION: 4-0

Seconded Passed Unanimous

ARTICLE 23: Move that the Town vote to amend the Town of Sunderland Personnel bylaws, Chapter 31, §31-19. Holidays., paragraph D. as follows, Delete text in ~~strikethrough~~. Add text in italics, as follows:

§31-19. Holidays.

D. If a regular full time employee or regular part time employee is required to work a holiday, ~~after working forty (40) hours in the week,~~ said employee will be compensated ~~in accordance with the Federal Fair Labor Standards Act.~~ at the overtime rate of time and one-half for actual hours worked on that holiday.

To read: If a regular employee or a regular part time employee is required to work a holiday, said employee will be compensated at the overtime rate of time and one-half for actual hours worked on that holiday.

Majority Vote-G.L. c. 40, §21; G.L. 41 §108C

SUBMITTED BY: Personnel Committee

SELECTMEN RECOMMENDATION: 3-0

PERSONNEL COMMITTEE RECOMMENDATION: 4-0

Seconded Passed Unanimous

ARTICLE 24: Move that the Town vote to amend the Code of the Town of Sunderland Personnel bylaws, Chapter 31, §31-3. Nonharassment policy., paragraph D. Delete text in ~~strikethrough~~. Add text in italics, as follows:

§31-3. Nonharassment policy.

D. Any employee who feels that he/she is a victim of ~~such~~ harassment should immediately follow the procedures set forth in the TOWN OF SUNDERLAND ANTI-HARASSMENT POLICY AND COMPLAINT PROCEDURES. report the matter to the Sexual Harassment/Affirmative Action Officer and the Town Administrator. The Town will investigate all such reports as confidentially as possible. Adverse action will not be taken against an employee who reports or participates in the investigation of a violation of this policy. Violations of ~~this~~ the Anti-Harassment Policy will not be permitted and may result in disciplinary action, up to and including termination. [Amended 4-29-2002 ATM, Art. 22]

To read: Any employee who feels that he/she is a victim of harassment should immediately follow the procedures set forth in the TOWN OF SUNDERLAND ANTI-HARASSMENT POLICY AND COMPLAINT PROCEDURES. Violations of the Anti-Harassment Policy will not be permitted and may result in disciplinary action, up to and including termination. [Amended 4-29-2002 ATM, Art. 22]

SUBMITTED BY: Board of Selectmen

SELECTMEN RECOMMENDATION: 3-0

PERSONNEL COMMITTEE RECOMMENDATION: 4-0

Majority Vote-G.L. c. 40, §21; G.L. 41 §108C

Seconded Passed Unanimous

ARTICLE 25: Move that the Town vote to authorize the Board of Selectmen to request special legislation entitled, "An Act Authorizing the Town of Sunderland to Make an Appeal to the Appellate Tax Board," as set forth below; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to bill before enactment by the General Court; and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition:

Be it enacted by the Senate and House of Representative in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding section 14 of chapter 58 of the General Laws, relative to the time of application for correction of a determination of the valuation of land made under section 13, of said chapter 58, or any other general or special law or rule or regulation to the contrary, the board of assessors of the Town of Sunderland may, within 90 days after the effective date of this act, make such written application to the appellate tax board in connection with the June 1, 2005 notice of such determination received by the Town. The appellate tax board shall act on such application in accordance with said section 14 not more than 30 days following the date of such application.

SECTION 2. This act shall take effect upon its passage.

Majority Vote-Section 8, Amend. Art. 2 of the Massachusetts Constitution

SUBMITTED BY: Board of Selectmen/Board of Assessors

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION: 5-0

Seconded Passed Unanimous

ARTICLE 26: Move that the Town vote to accept MGL C.59 §5, cl. 54, which allows a town to establish a minimum fair cash value required for personal property accounts to be taxed, said value of $1,500.00.

Majority Vote-G.L. c. 59, § 5, cl. 54

SUBMITTED BY: Board of Assessors

SELECTMEN RECOMMENDATION: 3-0

FINANCE COMMITTEE RECOMMENDATION:

Seconded Passed Majority

ARTICLE 27: Move that the Town vote to amend the Code of Sunderland by adding a new section, as follows: Disposal of Refuse, Rubbish, Etc., on Highways or any Public Land, Private Property, or in Coastal or Inland Waters: No person may, in violation of G.L. c.270, §16, place, throw, deposit or discharge or cause to be placed, thrown, deposited or discharged, trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or other material of any kind on a public highway or within 20 yards of a public highway, or on any other public land, or in or upon coastal or inland waters, as defined in G.L. c.131, §1, or within 20 yards of such waters, or on property of another, or on lands dedicated for open space purposes, including lands subject to conservation restrictions and agricultural preservation restrictions as defined in G.L. c.184. The provisions of this bylaw may be enforced by the Police Officers of the Town of Sunderland, and the Town's public health officers, health agents, or health directors, by any available means in law or equity, including but not limited to enforcement by noncriminal disposition pursuant to G.L. c. 40, §21D. Each day a violation exists shall constitute separate violation. When enforced through noncriminal disposition, the penalties shall be as follows:

First and subsequent violations for disposal of hazardous waste, as defined under G.L. c.21C, §2, and any other state or federal law or regulation promulgated thereunder, including hazardous medical waste; $300.00.

First and subsequent violations for disposal of non-hazardous materials; $250.00. First and subsequent violations for the use of a motor vehicle involving unlawful disposal of more than seven cubic feet of trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or any other materials and the use of the motor vehicle is observed by the enforcing authority while the offense is in progress; $1,000.00.

Majority Vote-G.L. c. 40, § 21

SUBMITTED BY: Selectmen

SELECTMEN RECOMMENDATION: 3-0

Seconded

Amendment made by Anthony Leger, seconded by Thomas Fydenkevez:

Insert the letters “un” in front of the word lawful to read unlawful in the second paragraph, second sentence.

To read:

First and subsequent violations for the use of a motor vehicle involving unlawful disposal of more than seven cubic feet of trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste or any other materials and the use of the motor vehicle is observed by the enforcing authority while the offense is in progress; $1,000.00.

Amendment:

Seconded Passed Unanimous

Thomas Fydenkevez : Motion to Move the question Seconded Unanimous

Main Motion with Amendment Passed Majority

Thomas Fydenkevez made a motion to dissolve at 10:05pm.

Seconded

Unanimous

Respectfully submitted,

Wendy Houle, CMC/CMMC

Town Clerk