TOWN OF DUDLEY
ANNUAL SPRING 2012 TOWN MEETING WARRANT
Worcester, ss
To either of the Constables in the Town of Dudley,
in the County of Worcester, Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Dudley, qualified to vote in elections and town affairs, to meet in the Shepherd Hill Regional High School Auditorium in said Dudley on Monday, May 21, 2012 and Tuesday, May 22, 2012, if needed, and other such times as may be voted, if needed at 7:00 P.M. then and there to take action on the following articles:
ARTICLE 1: (Selectmen) To see if the Town will vote to receive the
reports of several Town Officers and all Committees, or take any other action
relative thereto.
ARTICLE 2: (Selectmen) To hear and act on the recommendations of the Board of
Selectmen and the Finance & Appropriation Advisory Committee, or take any
other action relative thereto.
ARTICLE 3:
(Accountant - Revolving Accounts) To establish and
authorize for the next fiscal year revolving funds established pursuant to the
provisions of Chapter 44, §53E ½ of the Massachusetts General Laws for the
following purposes:
Genealogical Research Revolving Fund. (Account No. 0911 000 5780
00) for the purpose of accepting receipts from researching genealogical
records. Said funds to be received by
the Town Treasurer and credited to the said revolving fund and said funds to be
dispersed by the Town Accountant to offset the costs for restoration of Town
Clerk records. In no case shall disbursements exceed the lesser of the sums
received during the year or the amount allowed under the provisions of the
aforementioned General Law. Total expense not to exceed Three Thousand Dollars
($3,000).
Composting Bins /Rain Buckets. (Account No. 0914 000 5780
00) for the purpose of accepting receipts from the sale of Composting Bin &
Rain Buckets. Said funds to be received
by the Town Treasurer and credited to the said revolving fund and said funds to
be dispersed by the Town Accountant to offset the costs for Composting
Bins/Rain Buckets program. In no case shall disbursements exceed the lesser of
the sums received during the year or the amount allowed under the provisions of
the aforementioned General Law. Total expense not to exceed Seven Thousand Five
Hundred Dollars ($7,500).
Police Detail Cruiser Use Revolving Fund. (Account No. 0912 000 5780
00) for the purpose of accepting receipts from the use of police vehicles
during private police details. Said
funds to be received by the Town Treasurer and credited to the said revolving
fund and said funds to be dispersed by the Town Accountant to offset the costs
for purchasing Police vehicles. In no case shall disbursements exceed the
lesser of the sums received during the year or the amount allowed under the
provisions of the aforementioned General Law. Total expense not to exceed Fifty
Thousand Dollars ($50,000).
Fire Code Violation Fund (Account No. 0913 000 5780
00) for the purpose of accepting fines from fire code & building code
violations under Chapter 148A. Said
funds to be received by the Town Treasurer and credited to the said revolving
fund and said funds to be dispersed by the Town Accountant. In no case shall disbursements exceed the lesser
of the sums received during the year or the amount allowed under the provisions
of the aforementioned Massachusetts General Law Chapter 148A. Total expense not
to exceed Seven Thousand Five Hundred Dollars ($7,500).
Gift Shop Revolving Fund for the purpose of
accepting receipts from the sale of shirts and other Town of Dudley logo
goods. Said funds to be received by the
Town Treasurer and credited to the said revolving fund and said funds to be
dispersed by the Town Accountant. In no case shall disbursements exceed the
lesser of the sums received during the year or the amount allowed under the
provisions of the aforementioned General Law. Total expenses not to exceed Two
Thousand Dollars ($2,000).
West
Main Street Donations / Court of Honor / Veteran’s Bricks for the purpose
of accepting receipts from the sale of
memorial bricks and gifts. Said funds to be received by the Town Treasurer and
credited to the said revolving fund and said funds to be dispersed by the Town Accountant.
In no case shall disbursements exceed the lesser of the sums received during
the year or the amount allowed under the provisions of the aforementioned
General Law. Total expenses not to exceed Six Thousand Dollars ($6,000).
Web Site Fees for the purpose of accepting receipts from the sale of advertising on the Town of Dudley’s website. Said funds to be received by the Town Treasurer and credited to the said revolving fund and said funds to be dispersed by the Town Accountant. In no case shall disbursements exceed the lesser of the sums received during the year or the amount allowed under the provisions of the aforementioned General Law. Total expenses not to exceed Three Thousand Dollars ($3,000).
Arrest Warrant Services for the purposes of
accepting proceeds from warrant service recall fees from the appropriate
Massachusetts Court. Said funds to be
received by the Town Treasurer and credited to the said revolving fund and said
funds to be dispersed by the Town Accountant to off set costs associated with
investigation, apprehension, processing, holding and transportation of warrant
service arrestees, but in no case shall disbursements exceed the lesser of the
sums received during the year or the amount allowed under the provisions of the
aforementioned General Law. Total expenses
not to exceed Five Thousand Dollars ($5,000).
Firearms Permit Services for the purposes of
accepting fees associated with the issuance of firearm identification cards,
licenses to carry firearms, or other similar licenses. Said funds to be received by the Town
Treasurer and credited to the said revolving fund and said funds to be
dispersed by the Town Accountant to offset costs associated with the processing
of permits and purchase of equipment necessary to carry out this function, but
in no case shall disbursements exceed the lesser of the sums received during
the year or the amount allowed under the provisions of the aforementioned
General Law. Total expenses not to
exceed Five Thousand Dollars ($5,000).
Fire Outside Detail for the purposes of
accepting fees associated with the fire departments personnel working at
outside details. Said funds to be
received by the Town Treasurer and credited to the said revolving fund and said
funds to be dispersed by the Town Accountant to offset costs associated with
providing outside details and purchase of equipment necessary to carry out this
function, but in no case shall disbursements exceed the lesser of the sums
received during the year or the amount allowed under the provisions of the
aforementioned General Law. Total
expenses not to exceed Fifteen Thousand Dollars ($15,000).
Board of Health-Education for the purposes of
accepting fees associated with the health department’s educational training
programs. Said funds to be received by
the Town Treasurer and credited to the said revolving fund and said funds to be
dispersed by the Town Accountant to offset costs associated with providing
educational training necessary to carry out this function, but in no case shall
disbursements exceed the lesser of the sums received during the year or the
amount allowed under the provisions of the aforementioned General Law. Total expenses not to exceed One Thousand
Dollars ($1,000).
Gas Inspector, Fuel Burner Inspector, Plumbing
Inspector and Wire Inspector. Funds to be used for inspectors’ salaries and
expenses. The funds to be deposited into these separate and respective accounts
shall be seventy percent (70%) of the fees charged for the separate and
respective Inspectors’ services. The
separate and respective Inspectors shall authorize all expenditures of funds
from these accounts, without further appropriation, provided that the amount to
be expended in the fiscal year 2011 shall not exceed Twenty Thousand Dollars
($20,000) per revolving account established unless both the Board of Selectmen
and Finance Appropriation Advisory Committee recommend such additional
amounts.
Hazardous
Materials Collection Revolving Fund for the purpose of accepting receipts from
Hazardous Materials & Waste Collections and donations for the same.
Said funds to be received by the Town Treasurer and credited to the said
revolving fund and said funds to be dispersed by the Town Accountant to offset
the costs of collection of hazardous wastes. In no case shall disbursements
exceed the lesser of the sums received during the year or the amount allowed
under the provisions of the aforementioned General Law. Total expense not to
exceed Nine Thousand Dollars ($9,000).
Planning Services Revolving Fund for the purpose of
accepting receipts from services from the Planning Department, Inspector of
Buildings, Historical Commission and donations for the same. Said funds
to be received by the Town Treasurer and credited to the said revolving fund
and said funds to be dispersed by the Town Accountant to offset the costs of
planning services. In no case shall disbursements exceed the lesser of the sums
received during the year or the amount allowed under the provisions of the
aforementioned General Law. Total
expense not to exceed One Thousand Dollars ($1,000).
Municipal Hearings for the purposes of accepting fees
associated with Municipal Hearing. Said
funds to be received by the Board of Selectmen and credited to the said
revolving fund and said funds to be dispersed by the Town Accountant to offset
costs associated with conducting municipal hearings and related expenses, but in no case shall disbursements
exceed the lesser of the sums received during the year or the amount allowed
under the provisions of the aforementioned General Law. Total expenses not to exceed Two Thousand
Dollars ($2,000).
ARTICLE 4: (Highway Dept.): To see if the Town will vote to transfer
the sum of Twelve Thousand Dollars ($ 12,000.00) from the Road Machinery Fund
(406-000-5780-00) account to the Machinery Maintenance Account (1-420-5430-02)
for fiscal year 2013 or take any other action relative thereto.
ARTICLE 5: (Sewer Commission) To see if the Town will vote to transfer the sum of Seven
Thousand One Hundred and Fifty Dollars ($ 7,150.00) from Retained Earnings to
the Overtime Account for Fiscal Year 2012 or take any other action relative
thereto.
(Note: Due to Tropical Storm
Irene, the Halloween snow storm and miscellaneous issues we are running low on
overtime funds and would like to make sure we have enough in the account to
cover costs from January through June. There will possibly be some money left
in the account at the end of the Fiscal Year 2012 but we are putting in extra funds
in case of any future emergencies.)
ARTICLE 6: (Police
Department) To see if the Town
will vote to transfer to the police overtime account #0001-210-5131-01
the sum of $2,000 and to the police general expense account # 0001-210-5700-02
the sum of $3,600 for a total of $5,600 from the Firearms Services Revolving
Fund account #0910-000-5780-00 to offset overtime and equipment costs expended
for the fiscal year or take any other action relative thereto.
(This
is simply to cover costs associated with overtime payments for firearms
registration as well as pay a portion of costs for computer and copier
upgrades.)
ARTICLE 7: (Selectmen) To see if the Town
will vote to transfer the sum of Ten Thousand Seven Hundred Forty Three Dollars
and Eighty-Five Cents ($10,743.85) from Overlay Surplus (released September
2011) to the Veterans Services Benefits Account (1-543-5770-02) for Fiscal Year
2012 or take any other action relative thereto.
ARTICLE 8: (Selectmen) To see if the Town will vote to transfer the sum of One Thousand Nine Hundred Ninety Dollars and Fifty Cents ($1,990.50) from Fire/EMS Gift 2011 account to the Fire-State Stimulus Grant account or take any other action relative thereto.
ARTICLE 9: (Selectmen) - FY 2013 Budget - To see if the Town will vote to determine
the sums of money the Town will raise and appropriate, borrow, or transfer from
available funds to defray the charges and expenses of the Town and provide for
a reserve fund(s) and including debt and interest for the ensuing year, or take
any other action relative thereto.
(Note: Please See Appendix “A” for
Departmental Expenditures.)
ARTICLE 10: (Assessors)
To see if the Town will vote to raise and appropriate, borrow, or transfer from
available funds a sum of Twenty Three Thousand Dollars ($ 23,000) to fund one
third (1/3) of the cost of triennial re-certification of real estate and
personal property values for FY2015 as required by the Commonwealth’s
Department of Revenue or take any other action relative thereto.
ARTICLE 11: (Highway) To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds the sum of Five Thousand Six Hundred Dollars ($ 5,600) to upgrade the Highway department’s two-way radios and to comply with the Federal Communications Commission’s mandatory narrow banding requirements or take any other action relative thereto.
ARTICLE 12: (Water
Commission) To see if the Town will vote to raise and appropriate, borrow, or
transfer from available funds a sum of Eight Hundred Fifty Thousand Dollars ($
850,000) for the purpose of constructing and installing a water main on Dudley
Oxford Road, from Center Road to Jaybee Avenue.
Remaining funds, if any, are to be used for future maintenance including
water mains, hydrants, line gates or other miscellaneous repairs or take any other action relative thereto.
(Note: Any borrowing, if required, will be assessed to
the water enterprise system.)
ARTICLE 13: (Water
Commission) To see if the Town will vote to raise and appropriate, borrow, or
transfer from available funds a sum of Eighty Seven Thousand Dollars ($ 87,000)
for the purchasing a new Backhoe for the water department. Remaining funds, if any, are to be used for
future vehicle maintenance including: repairs, inspections or other
miscellaneous items related to the purchase of the backhoe or take any other action relative thereto.
ARTICLE 14: (Capital
Planning) To see if the Town will vote to raise and appropriate, borrow, or
transfer from available funds a sum of Ninety Seven Thousand and Five Dollars
($ 97,500) for the purchasing a new Backhoe for the Highway department. Remaining funds, if any, are to be used for
future vehicle maintenance including: repairs, inspections or other
miscellaneous items related to the purchase of the backhoe or take any other action relative thereto. (see note next page)
(Note: The Fall 2011 town meeting approved the capital improvement plan which included this item for purchase, but on the advice of the Town Auditor, an additional town meeting vote should be held for the purpose of borrowing for this item.)
ARTICLE 15: (Board of
Library Trustees): To see if the Town
will vote to dissolve the Library Building Needs Committee as approved at the
May 24, 1999 town meeting as the committee has completed its charge and duties or take any other action relative thereto.
ARTICLE 16: (So. Worcester County RVSD): To see if the Town will approve the $73,722,405 borrowing authorized by the Southern County Regional Vocational School District, for the purpose of paying costs of designing, constructing, orginally equipping and furnishing an addition to and renovaton of the Bay Path Regional Vocational Technical High School, located at 57 Old Muggett Hill Road, Charlton, including the payment of all costs incidental or related thereto (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50 years, and for which the District may be eligible for a school construction grant from the Massachusetts School Building Authority (“MSBA”), said amount to be expended at the direction fo the School Building Committee. The MSBA’s grant program is the non-entitlement, discretionary program based on need, as determined by the MSBA, and any Project costs the District incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the district and its member municipalities. Any grant that the District may receive from the MSBA for the Project shall no exceed the lesser of (1) sixty-seven and forty-one hundredths percent (67.41%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA or take any other action relative thereto.
ARTICLE 17: (Selectmen) To see if the Town will vote to designate the following described area as an Economic Opportunity Area (“EOA”), as provided for under M.G. L. Chapter 23 a, Sections 3a-3h, to be called “Foshay Lane EOA” for a term of fifteen (15) years and to provide property tax relief in the form of Tax Increment Financing (“TIF”) to certified projects, or take any other action relative thereto.
Foshay Lane EOA to be described as follows to include parcels as identified on the Town of Dudley, Board of Assessor, Tax Property Map dated 1/1/2011 as revised and reprinted by Cartographic Associates, Inc. of Littleton, New Hampshire:
Map # & Lot # Size Map
# & Lot # Size
Map 121, Parcel 1 34,898 Sq. Ft. Map121, Parcel 7 40,560 Sq. Ft
Map121, Parcel 2 7.2813 Acres Map121, Parcel 8 24,414 Sq. Ft
Map121, Parcel 2.1 14,968 Sq. Ft. Map121, Parcel 9 1.54 Acres
Map121, Parcel 3 40,000 Sq. Ft. Map 121, Parcel 10 12.09 Acres
Map121, Parcel 4 22,200 Sq. Ft. Map 121, Parcel 11 43,168 Sq. Ft
Map121, Parcel 5 19,192 Sq. Ft Map 121, Parcel 12 27,340 Sq. Ft
Map 121, Parcel 6 14,968 Sq. Ft Map 122, Parcel 38 1.00 Acres
(See Map attached,
Appendix “B”)
ARTICLE 18: (Selectmen) To see if the Town will vote to amend the Town’s By-laws
“Article 1 Town Meetings”, Section 2 as follows or take any other action
relative thereto:
TOWN MEETINGS
Section
2. The election of Town Officers shall be
held on the Monday following the third
first Saturday of June May,
in the Town Hall or any other adequate place to be designated by the Board of
Selectmen in the warrant announcing the meeting.
{Note: words to be deleted shall have a line strike
through (i.e. with) and words to be added bolded (i.e. with)}.
ARTICLE 19: (Town Clerk): To see if the Town will vote to amend the
Town’s By-laws “Article XXVII Animal Control Bylaw, Section 3, Paragraph G. by
striking the following words after the words Residential Kennel Licenses “( in
excess of 10 dogs) fifty (($50.00), (5to 10 dogs) Forty dollars (($40.00), (
not more than 4 dogs) ($30.00) and replacing it with “Fifty ($50.00) Dollars”
so the article reads as follows or take any other action relative thereto:
Residential Kennel License
Fifty Dollars ($50.00)
Commercial Kennel License
Seventy-Five Dollars ($75.00)
No fee shall be charged for
a license for a dog trained as a guide dog, signal dog, or trained to provide
assistance to an individual with a disability provided that the owner shows
written evidence that the animal is a service dog.
ARTICLE 20: (Town Clerk) To see if the Town will vote to
amend the Town’s By-laws “Article III Rules of Procedure at Town Meeting,
Section 14” to read as follows or take any other action relative thereto.
Article III Rules of
Procedure at Town Meeting
Section
14 - 50 Foot Rule:
In any building in which a town meeting is held, campaign postings,
exhibitions, circulation, or distribution of materials, including posters,
stickers, posters, cards, handbills, placards, pictures or circulars intending
to influence the action of the voter for any meeting or election, shall not
be allowed inside the building or within fifty (50) feet of the main building
entrance.
No person shall be
allowed to collect signatures upon petitions, referendum petitions or
nomination papers inside the building or within Fifty (50) feet from the
building entrance door where the meeting is held.
Whoever posts,
exhibits, circulates or distributes any poster, card, handbill, placard,
poster, picture of circular for any town meeting article intended to
influence the action of a voter, in violation of any provision of this
section, may be penalized by a non-criminal disposition pursuant to M.G.L. c 40
§ 21D and is subject to Article XIII of the Dudley Town By-laws. The fine for violation of this By-law shall
be not more than Twenty Dollars ($20.00) for each offense.”
(Note: This amendment is made at
the recommendation of the Attorney’s General’s Office.)
ARTICLE 21 (Police):
To see if the Town will
vote, as authorized by Chapter 256 of the Acts of 2010, and incorporated into
the Massachusetts General Laws as Chapter 6, Section 172 B 1/2, by adding a new
article “Article XLVIII Criminal History Check Authorization” to read
as follows and to adopt appropriate policies and procedures to effectuate the
purposes of this by-law or take any other action relative thereto:
Article XLVIII Criminal History Check Authorization
Section 1: Authorization.
The Dudley Police Department shall, as authorized by Massachusetts
General Laws Chapter 6, Section 172 B 1/2, conduct State and Federal
Fingerprint Based Criminal History checks for individuals applying for the
following licenses:
• Hawking and Peddling or other Door-to- Door Salespeople, (Board of
Selectmen)
• Manager of Alcoholic Beverage License (Board of Selectmen)
• Owner or Operator of Public Conveyance (Board of Selectmen)
• Dealer of Second-hand Articles (Board of Selectmen)
• Pawn Dealers, (Board of Selectmen)
• Hackney Drivers, (Board of Selectmen) and,
• Ice Cream Truck Vendors (Board of Health)
Section 2: Criminal History
Checks.
At the time of fingerprinting, the Dudley Police Department shall
notify the individual fingerprinted that the fingerprints will be used to check
the individual's criminal history records. The Police Chief shall periodically
check with the Executive Office of Public Safety and Security (“EOPSS”) which
has issued an Informational Bulletin which explains the requirements for town
by-laws and the procedures for obtaining criminal history information, to see
if there have been any updates to be sure the Town remains in compliance.
Upon receipt of the fingerprints and the appropriate fee, the Dudley
Police Department shall transmit the fingerprints it has obtained pursuant to
this by-law to the Identification Section of the Massachusetts State Police,
the Massachusetts Department of Criminal Justice Information Services (DCJIS),
and/or the Federal
Bureau of Investigation (FBI) or the successors of such agencies as may
be necessary for the purpose of conducting fingerprint-based state and national
criminal records background checks of license applicants specified in this
by-law.
The Town authorizes the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Systems (DCJIS), and the Federal
Bureau of Investigation (FBI), and their successors, as may be applicable, to
conduct fingerprint-based state and national criminal record background checks,
including of FBI records, consistent with this by-law. The Town authorizes the
Dudley Police Department to receive and utilize State and FBI records in
connection with such background checks, consistent with this by-law. The State
and FBI criminal history will not be disseminated to unauthorized entities.
Upon receipt of a report from the FBI or other appropriate criminal
justice agency, a record subject may request and receive a copy of his/her
criminal history record from the Dudley Police Department. Should the record
subject seek to amend or correct his/her record, he/she must take appropriate action
to correct said record, which action currently includes contacting the
Massachusetts Department of Criminal Justice Information Services (DCJIS) for a
state record or the FBI for records from other jurisdictions maintained in its
file. An applicant that wants to challenge the accuracy or completeness of the
record shall be advised that the procedures to change, correct, or update the
record are set forth in Title 28 CFR16.34. The Dudley Police Department shall
not utilize and/or transmit the results of the fingerprint-based criminal
record background check to any licensing authority pursuant to this by-law
until it has taken the steps detailed in this paragraph.
Municipal officials should not deny an applicant the license based on
information in the record until the applicant has been afforded a reasonable
time to correct or complete the information, or has declined to do so.
The Dudley Police Department shall communicate the results of
fingerprint-based criminal record background checks to the appropriate
governmental licensing authority within the Town as listed. The Dudley Police
Department shall indicate whether the applicant has been convicted of, or is
awaiting final adjudication for, a crime that bears upon his or her suitability
or any felony or misdemeanor that involved force or threat of force, controlled
substances or a sex-related offense.
The Dudley Board of Selectmen, is authorized to promulgate regulations
for the implementation of the by-law, but in doing so it is recommended that
they consult with the Chief of Police, Town Counsel and the Massachusetts
Executive Office of Public Safety and Security (or its successor agency) to
ensure that such regulations are consistent with the statute, the FBI’s
requirements for access to the national database, and other applicable state
laws.
Section 3. Use of Criminal
Record by Licensing Authorities
Licensing authorities of the Town of Dudley shall utilize the results
of fingerprint-based criminal record background checks for the sole purpose of determining
the suitability of the subjects of the checks in connection with the license
applications specified in this by-law. A Town licensing authority may deny an
application for a license on the basis of the results of a fingerprint-based
criminal record background check if it determines that the results of the check
render the subject unsuitable for the proposed occupational activity. The
licensing authority shall consider all applicable laws, regulations and Town
policies bearing on an applicant's suitability in making this determination.
The Town of Dudley or any of its officers, departments, boards,
committees or other licensing authorities is hereby authorized to deny any
application for, including renewals and transfers thereof, for any person who
is determined unfit for the license, as determined by the licensing authority,
due to information obtained pursuant to this by-law.
Section 4. Fees
The fee charged by the Police Department for the purpose of conducting
fingerprint-based criminal record background checks shall be one hundred
dollars ($100). The Town Treasurer shall periodically consult with Town Counsel
and the Department of Revenue, Division of Local Services, regarding the proper
municipal accounting of those fees.
A portion of the fee, as specified in Mass. Gen. Laws Chapter 6,
Section 172B 1/2, shall be deposited into the Firearms Fingerprint Identity
Verification Trust Fund, and the remainder of the fee may be retained by the
Town for costs associated with the administration of the fingerprinting system.
Section 5. Effective Date
This by-law shall take effect May 4, 2012, so long as the requirements
if M.G.L. c. 40 sec. 32 is satisfied.
{Note: The purpose of this article is to
authorize the police department to conduct out of state record checks for
individuals applying for licenses here in the community. Currently, the FBI prohibited these checks to
take place unless a state had a law which authorized these checks. With the Commonwealth of Massachusetts
adopting this legislation as part of the CORI reform measures in 2010, the
above listed law was adopted.
Communities around the state are required to formally adopt it in order
for it to be in effect.
As for the fee structure, the law specifies
that currently thirty ($30) dollars is to go to the Firearms Fingerprint
Identity Verification Trust Fund. This
is set by the state to off set the costs associated with the processing of the
records checks. The law also specifies
“the remainder of the fee may be retained by the licensing authority for costs
associated with the administration of the system.” These fees can be applied to the maintenance
agreement or other costs associated with the processing of these record checks. Since we do not anticipate a large volume of
business in the account at this time, there does not appear to be a significant
amount of revenue which will be generated by this action.
This type of law will allow us to obtain
background information on potential license holders from anywhere in the
country. At this time, if a CORI check
is conducted on an individual, only Massachusetts records are verified. By having this law in place, we can check a
person’s criminal history from anywhere in the United States or if it is
contained in the FBI record base. This
will provide us with an additional layer of protection.}
ARTICLE 22 (Police): To
see if the Town will vote, to amend the Town of Dudley By – Laws Article XLV
“Sex Offender Residency” in the following manner or take any other action
relative thereto.
Section 1: Definition of
Terms
Add two new definitions:
(i) “Facility for the
mentally impaired” means any facility which provides group residence for the
mentally impaired or serves as a center for the mentally impaired to gather.
(j) “Public library”
means a building, structure or other enclosure in which a library is located
for use by the general public.
Section 2: Sexual Offender
Residence Prohibition
Amend the first sentence to read as follows (new language underlined):
It is unlawful for any sex offender who is classified as a level 2 or 3
offender, pursuant to the guidelines of the Massachusetts Sex Offender Registry
Board, to establish a permanent residence within five hundred (500) feet of any
school, day care center, park, elderly housing facility, facility for the
mentally impaired, or public library.
Section 3: Notice to Move
Amend the paragraph to reflect the changes set forth in Section 2. It shall read as follows:
Any level 2 or level 3 sex offender who establishes a permanent residence
within five hundred (500) feet of any school, day care center, park, elderly
housing facility, facility for the mentally impaired, or public library shall
be in violation of this section and shall, within thirty (30) days of receipt
of written notice of the sex offender’s noncompliance with this chapter, move
from said location to a new location, but said location may not be within five
hundred (500) feet of any school, day care center, park, elderly housing
facility, facility for the mentally impaired, or public library. It shall constitute a separate violation for
each day beyond the thirty (30) days the sex offender continues to reside
within five hundred (500) feet of any school, day care center, park, elderly
housing facility, facility for the mentally impaired, or public library. .
Furthermore, it shall be a separate violation each day that a sex
offender shall move from one location in the Town of Dudley to another that is
within five hundred (500) feet of any school, day care center, park, elderly
housing facility, facility for the mentally impaired, or public library.
Section 5: Exemptions
Applicable changes to reflect those listed above. To include the first sentence:
“A person residing within five hundred (500) feet of any school, day
care center, park, elderly housing facility, facility for the mentally
impaired, or public library does not commit a violation of this section if any
of the following apply:
And section (d)
“The school, day care center, park, elderly housing facility, facility
for the mentally impaired, or public library within five hundred (500) feet of
the personal permanent residence was established after the person established
the permanent residence and reported and registered the residence pursuant to
the Sex Offender Registry Law.”
{Note: For explanation purposes,
this article is being submitted to bring our community into line with other
cities and towns in the state. The
purpose is to provide increased protection to children, the elderly, and the mentally
impaired from registered offenders who may choose to reside near these
facilities. This will not impact anyone
currently residing lawfully within these established zones, as they will be
“grandfathered” under the provisions of the by-law. The proposed language of this regulation is
currently used in other communities in the Commonwealth. They have previously been approved by the
State Attorney General’s Office}
ARTICLE 23:
(Planning Board): To see if the Town will vote to amend the
Zoning Bylaws Of The Town Of Dudley Massachusetts Section 2.03.02 “Use by
District Chart” by adding a new section “RENEWABLE ENERGY RESOURCES” after the
last use shown under “RECREATIONAL” and before the section “ACCESSORY USES,” or
take any action relative thereto.
ARTICLE 24: (Planning
Board) To see if the Town will vote to
amend the Zoning Bylaws Of The Town Of Dudley Massachusetts Section
2.03.02 “Use by District Chart” by adding “Solar Photovoltaic Installation” of
different sizes as permitted uses in various districts under the new section “RENEWABLE
ENERGY RESOURCES,” as follows, or take any action relative thereto.
2.03.02 Use by District Chart
DISTRICT9
RES RES RES RES RES BUS IND IND LI LI
ACTIVITY OR USE 10 15 30 43 87 15 43 130 43 87
RENEWABLE ENERGY RESOURCES
Small Solar Photovoltaic Installations
(Less than 250 kW) P P P P P P P P P P
Large Ground-Mounted Solar Photovoltaic Installations
(250kW and Greater) NP NP NP NP NP P
P P P P
ARTICLE 25: (Planning
Board) To see if the Town will vote to
amend the Zoning Bylaws Of The Town Of Dudley Massachusetts by
adding Section 3.12.00 “Large Scale Solar Photovoltaic” and related
subsections, as follows, or take any action relative thereto.
3.12.00 LARGE SCALE SOLAR PHOTOVOLTAIC
3.12.01 Purpose
The purpose of this bylaw is to reasonably regulate large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification, and removal of such installations that address public safety, minimize impacts on scenic, natural, and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations.
3.12.02 Applicability
This bylaw applies to large-scale ground-mounted solar photovoltaic installations, as defined herein, proposed to be constructed after the effective date of this bylaw. This bylaw also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment as determined by the Building Inspector or their designee.
This bylaw is not intended to regulate systems of less than 250 kW or roof-mounted systems. It is not intended to regulate systems that are consumptive power systems where all power that is generated is utilized to power onsite operations.
3.12.03 Definitions
Building Permit: A permit issued by the Building Inspector allowing for the construction of a large-scale ground-mounted solar photovoltaic installation consistent with the state and federal building codes and the zoning bylaws of the town of Dudley, Massachusetts.
Large-Scale Ground-Mounted Solar Photovoltaic Installation (LGSPI): A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, has a minimum nameplate capacity of 250 kW DC, and generates power a part of which is utilized off-site.
Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
3.12.04 General Requirements for All Large-Scale Solar Power Generation Installations
The following requirements are common to all LGSPI.
A. Compliance With Laws, Ordinances, and Regulations
The construction and operation of all LGSPI shall be consistent with all applicable local, state, and federal requirements, including, but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.
B. Building Permit
No LGSPI shall be constructed, installed, or modified except pursuant to a building permit. The building permit application for an LGSPI must be accompanied by the required fee.
C. Site Plan Review
No LGSPI shall be constructed, installed, or modified except in conformity with a site plan approved by the Planning Board in accordance with the zoning bylaw of Dudley, Massachusetts. The Planning Board shall consider and apply the requirements set forth in this section of the bylaw, section 3.12.00, in reviewing and making a decision upon an application for site plan approval. Upon receipt of an application for site plan approval of an LGSPI, the Planning Board may engage at the applicant’s cost professional and technical consultants including legal counsel to assist with its review of the application in accordance with the requirements of Section 53G of Chapter 44 of the Massachusetts General Laws. The Planning Board may direct the applicant to deposit funds with the Planning Board for such review at the time the application is accepted and to add additional funds as needed upon notice. Failure to comply with this section shall be grounds for denying the application. Upon one month after the 21-day appeal period of the Planning Board’s approval of the LGSPI application any excess amount in the account attributable to that project, including any interest accrued, shall be repaid to the applicant per their written request.
D. Site Control
The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
E. Operations and Maintenance Plan
The project proponents shall submit a plan for the operation and maintenance of the LGSPI which shall include measures for maintaining safe access to the installation, storm water controls, and general procedures for operational maintenance of the installation.
F. Utility Notification
No LGSPI shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
G. Design Standards
1. Setbacks and Screening
Front, side, and rear yards for LGSPI shall be as follows regardless of the zone:
(a) Front yard: The front yard depth shall be at least 100 feet.
(b) Side yard: Each side yard shall have a depth of at least 50 feet.
(c) Rear yard: The rear yard depth shall be at least 50 feet.
(d) Every abutting property shall be visually screened from the LGSPI through any one or a combination of the following: location, distance, plantings, existing vegetation, and/or fencing (the fencing may not exceed six (6) feet in height).
2. Appurtenant Structures
All appurtenant structures to a LGSPI shall be subject to the same regulations that pertain to primary structures as set forth in the zoning bylaw.
3. Landscaping
The project proponent shall submit a landscape plan detailing all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing, planting, screening vegetation, and/or fences/walls, and lighting.
4. Land Clearing and Grading, Soil Erosion, and Habitat Impacts
Clearing of natural vegetation shall be limited to what is necessary for the construction, operation, and maintenance of the LGSPI or otherwise prescribed by applicable laws, regulations, and bylaws. Land clearing and grading plans shall avoid practices that cause erosion and shall minimize habitat disruption.
5. Lighting
Lighting of the LGSPI, including appurtenant structures, shall be consistent with local, state, and federal law, and otherwise shall be limited to that required for safety and operational purposes. It shall be designed to minimize glare on abutting properties and be directed downward with full cut-off fixtures to reduce light pollution.
6. Signage
Signs on LGSPI shall comply with all applicable legal requirements, including the zoning bylaw. One sign consistent with the zoning bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number.
Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.
7. Utility Connections
Reasonable efforts, as determined by the Planning Board or their designee, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
H. Monitoring and Maintenance
1. Solar Photovoltaic Installation Conditions
The owner of operator of the LGSPI shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to level acceptable to the Fire Chief and local emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s) unless accepted by the town as a public way.
2. Emergency Services
Prior to issuance of a building permit, the LGSPI owner or operator shall provide a project summary, electrical schematic, and approved site plan to the town’s local safety officials, including the Police Chief, Fire Chief, and Building Inspector. Upon request the owner or operator shall cooperate with local safety officials in developing an emergency response plan, which may include ensuring that emergency personnel have immediate, 24-hour access to the facility. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation and shall provide a mailing address and telephone number for such person(s).
I. Modifications
All material modifications to a LGSPI made after issuance of the required building permit shall require approval by the Planning Board through Site Plan Review as noted earlier in this chapter. Modifications may be considered minor or major.
J. Discontinuance and Removal
1. Any LGSPI, or any substantial part thereof, not used for a period of one continuous year or more as determined by the Building Inspector without written permission from the Planning Board, or that has reached the end of its useful life, shall be considered discontinued, and shall be removed. Upon written request from the Building Inspector addressed to the contact address provided and maintained by the owner or operator as required above, the owner or operator shall provide evidence to the Building Inspector demonstrating continued use of the LGSPI. Failure to provide such evidence within thirty days of such written request shall be conclusive evidence that the installation has been discontinued. Anyone intending to decommission and/or remove such an installation shall notify the Planning Board and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal.
The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. Removal shall consist of:
(a) Physical removal of all parts of and appurtenances to the LGSPI, including structures, equipment, security barriers, and transmission lines from the site; and
(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and
(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation and/or habitat; and
(d) Gravel or ground cover if removal is deemed by the Planning Board to make the area more consistent with the landscape.
2. Financial Surety
Proponents seeking to construct and
operate an LGSPI shall provide, prior to construction, a form of surety, either
through escrow account, bond, or otherwise, to cover the cost of removal in the
event the town must remove the LGSPI and remediate the landscape. The amount and form of such surety shall be
determined by the Planning Board. Such
surety will not be required for municipally- or state-owned facilities. The project proponent shall submit a fully
inclusive estimate of the costs associated with removal, prepared by a
qualified engineer licensed in Massachusetts.
The proponent shall pay for review of this estimate by the Planning
Board’s peer review designee. The amount
of the estimate provided by the proponent shall include a mechanism for
calculating increased removal costs due to inflation.
ARTICLE 26: (Petition): No
ATV (All – Terrain Vehicles) use on Parcels of Land smaller than Two (2) Acres.
(general By-Laws Article12, Add section 3).
ARTICLE 27: (Petition) To amend Section IV to include the following:
4.01.03 Requirement of .05 bicycle parking spaces is required for every motor vehicle parking space required in Section 4.01.02, with a minimum of 1 and a maximum of 20. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block and within 600 feet of the entrance to meet these requirements.
4.01.04 Conversion of automobile parking spaces for properties having 50 automobile parking spaces or more, one automobile parking space as required by the preceding sections of this Parking Regulation may be converted to bicycle parking for up to 15 bicycles. For every 50 automobile parking spaces or portion thereof, one automobile parking space may be converted to bicycle parking and yet shall still be counted as a parking space for the purpose of meeting the requirement of Section 4.01.02 Parking Standards Catalog.
4.01.05 Placement and access of bicycle parking shall be situated near the primary entrances(s) of the property. Bicycle parking apparatus shall not be installed in a manner which will cause obstruction of pedestrian or motor vehicle traffic. Bicycle Parking shall be situated in such a way that normal snow removal activities and snow storage do not impact the bicycle parking facility.
4.01.06 Security bicycle parking apparatus shall be a high-security design to which the frame and wheel of a parked bicycle may be attached; installed in a visible location so as to deter vandalism and theft; and permanently mounted to the ground or to a building or other immovable structure.
4.01.07 Dimensional regulation of each bicycle parking space shall be sufficient to accommodate a bicycle 7 feet in length and 2 feet in width. Inverted U frame or other racks approved by the Planning Board that support the bicycle at 2 or more points above the center of gravity are required.
4/01.08 The following facilities are exempt from bicycle parking requirements: private
residences of one and two family dwellings.
ARTICLE 28: (Selectmen) To see if the Town will vote to raise, appropriate, borrow or transfer
from available funds the sum of One Hundred Thousand Dollars ($ 100,000) for
the purpose of adding to the Stabilization Fund in accordance with the
provisions of MGL Chapter 40 Section 5B and to determine if the money should be
raised by taxation or by appropriation from available funds in the Treasury or
take any action relative thereto.
You are hereby
directed to serve this warrant by posting attested copies thereof, at the
Dudley municipal center and on the Town of Dudley Web site and by posting
notice of availability of the warrant on one Cable Access Channel.
Warrant make due return of this warrant with your
doing thereon, to the Town Clerk at the time of holding of be posting and
publishing at least fourteen (14) days before holding of said meeting. Hereof, fail not, and said meeting.
Given under our
hands this _______ day of April in the
year Two Thousand and Twelve
Steven P. Sullivan, Chairman
Paul M. Joseph, Vice Chairman
____________________________________________
Nancy
A. Runkle. Clerk
____________________________________________
Jonathan J. Ruda
________________________________________
Peter
E. Fox
I
have notified and warned the inhabitants of the Town of Dudley by posting up
attested copies of the same at the Dudley Town Hall on the ___ of ______ 2012
and Shepherd Hill Regional High School on the ___, of ____________ 2012.
Thereby
making my return to the Dudley Town Clerk on the ___ of ____________ 2012
_____________________________________________
Theodore J. Baron Sr.
Constable,
Town of Dudley
A
True Copy.
.
Attest: ___________________________