NOTES TO MODERATOR
1. The meeting is called for 7:30 P.M., Monday, April 24, 2006. Before calling the meeting to order, there are the following preliminaries:
(a) The Town Clerk administers the oath of office to the stenographer.
(b) The Moderator is informed of the number of Town Meeting Members present and determines that there is a quorum (at least 100).
2. The Moderator announces the number present, that more than a quorum is present, and calls the meeting to order.
3. The Moderator defines the limits of the hall to be that area forward of the aisle which crosses the hall from side to side.
4. The Moderator appoints and announces the selection of 6 tellers, 2 for the left section of seats, 2 for the center section and 2 for the right and a coordinator and table counter.
5. The Moderator then asks the newly elected and re-elected Town Meeting Members to rise so that the Town Clerk can administer the oath of office to them.
6. If requests do not come from the floor spontaneously, the Moderator can ask if any Committee Chairman or others wish those members of their committees or others who are not Town Meeting Members admitted to the floor. It is expected that these requests will come from the following:
a) Board of Selectmen - Town Administrator, Town Accountant and Town Department Heads
b) Warrant Committee
c) School Committee - Superintendent and Business Manager
d) Planning Board
e) Board of Assessors - Assessor
f) Recreation Commission
g) Capital Budget Committee
h) Conservation Commission
i) Board of Library Trustees - Librarian
j) Personnel Board
k) Board of Health - Health Director
l) Retirement Board
m) Cemetery Commissioners
n) Fair Housing Committee
There may be others.
The Moderator announces that, hearing no objections, these requests are granted.
7. The Moderator calls upon a religious leader from the community to give the invocation.
8. The Moderator informs the Town Meeting Members and guests of particular points of procedure and order.
9. The Moderator announces that with the unanimous consent of the Town Meeting Members he will ask the Town Clerk to read only the return of the Warrant without reading the text of each printed Article. If there is no objection, the Town Clerk will proceed accordingly.
10. There may be resolutions. Thereafter, the Moderator turns to the Preliminary Motion on the next page.
11. The numbered Articles are considered in the order determined by the vote taken for this purpose under the Preliminary Motion.
12. Those motions requiring other than a simple majority vote are so marked.
13. The Budget Table is presented by a series of motions made by the Chairman of the Warrant Committee. For detailed procedure, please refer to notes under Articles 3 and 4.
ARTICLE 1
MOVED: That the reports of the Selectmen and other Town officials, departments and committees for the year 2005 be accepted.
MOVED: That Article 1 be laid on the table.
This Motion requires a two-thirds vote.
ARTICLE 2
MOVED: That the Board of Selectmen be, and it hereby is, authorized to bring and defend actions for and against the Town, to submit any such claims to arbitration, and to enter into settlement on account of the same in behalf of the Town as and when it deems it for the best interest of the Town so to do; said power shall be vested solely in the Board of Selectmen.
ARTICLE 5
MOVED: That the Town vote to rescind the unused borrowing authority in the amount of $56,250 that was appropriated under Article 10 of the June 13, 2005 Special Town Meeting for acquisition of a GIS mapping and modeling application.
ARTICLE 6
MOVED: That there be appropriated and paid to the elected officers of the Town as salaries for the financial year commencing July 1, 2006 the amount set opposite the name of each as follows:
Town Moderator $200
Chairman of the Board of Selectmen $5,000
Selectman (2) $4,500 each
Town Clerk $75,332
Town Treasurer $71,690
Chairman of the Board of Assessors $2,748
Assessor (1) $2,424
Assessor (1) $2,424
TOTAL $168,818
and that the sum of $168,818 be raised by General Tax; and that in consideration of the salaries determined as aforesaid or, in case of appointive officers as determined by the Selectmen, all fees which have heretofore been paid by statute to the Town Clerk, Treasurer, Tax Collector, and any other officers, shall be paid by them upon their receipt into the Town Treasury.
ARTICLE 7
MOVED: That there be, and hereby is, appropriated the sum of $42,000 to provide non-contributory pensions for eligible employees of any and all of the Town Departments as provided in the applicable sections of Chapter 32 of the General Laws as may be determined from time to time by the Retirement Board, said sum to be raised by General Tax and expended under the direction of the Retirement Board.
ARTICLE 8
MOVED: That there be, and hereby is, appropriated the sum of $3,475,316 to provide contributory pensions and expenses in connection therewith in accordance with applicable provisions of Chapter 32 of the General Laws, said sum to be raised by General Tax and expended under the direction of the Retirement Board.
ARTICLE 9
MOVED: That there be, and hereby are, appropriated the sums of $323,754 and $323,538 for the repair, improvement and construction of highways within the Town, said sums to be offset by reimbursement from the Commonwealth as provided by Chapter 90 of the General Laws and acts in amendment thereof and in addition thereto, the same to be expended under the direction of the Board of Selectmen.
ARTICLE 10
MOVED: That under Article 10 the reading of the amendments to the Position Classification and Compensation Plan as set forth in a document entitled “Proposed Position Classification and Compensation Plan” be dispensed with, the original having been filed in the Town Clerk’s office.
MOVED: That the Town amend the Position Classification and Compensation Plan previously adopted under the provisions of Article 11 of the General By-Laws of the Town by adopting the amendments to the Plan as set forth in a document entitled “Proposed Position Classification and Compensation Plan” on file in the Town Clerk’s office.
ARTICLE 12
MOVED: That there be, and hereby is, appropriated the sum of $4,686,750 from the accounts classified as “Water Enterprise Fund”, pursuant to Chapter 44, Section 53F½ of the General Laws for water service, said sum to be expended under the direction of the Board of Selectmen.
MOVED: That there be, and hereby is, appropriated the sum of $5,424,606 from the accounts classified as “Sewer and Stormwater Enterprise Fund”, pursuant to Chapter 44, Section 53F½ of the General Laws for sewer and stormwater service, said sum to be expended under the direction of the Board of Selectmen.
ARTICLE 13
MOVED: That pursuant to Chapter 44, Section 53E½, of the General Laws, the following Town Departments be, and hereby are, authorized to expend for program expenditures the following sums from revolving funds:
Department Expenditure
Youth $10,000
Council on Aging $40,000
Belmont Gallery of Art $50,000
ARTICLE 14
MOVED: That Article 14 be dismissed.
ARTICLE 15
MOVED: That the Town hereby approve the acceptance by the Retirement Board~ of paragraph (e) of Chapter 32, Section 7, subdivision (2), of the General Laws, as set forth in section 1 of Chapter 157 of the
Acts of 2005, and also approve the acceptance by the Retirement Board of Section 2 of said Chapter 157, providing that certain accidental disability retirees who are veterans as defined in Chapter 32, Section 1, of the General Laws, will receive an additional yearly retirement allowance of fifteen dollars for each year of creditable service, or fraction thereof, the total amount of which additional allowance shall not exceed three hundred dollars.
ARTICLE 16
MOVED: That the Town transfer, pursuant to Chapter 40, Section 15A of the General Laws, the care, custody, control, and management of real property located in the vicinity of McLean Hospital containing 1.34 acres more or less and identified as Parcel 11, Suffix 8 on Assessors’ Map 59, to the Board of Selectmen to be held for the purpose of conveyance in order to develop housing and Housing Authority parking pursuant to the plans of the Belmont Housing Trust, all as shown on a plan entitled “Plan Showing 1.34 Acres for Affordable Housing and Belmont Housing Authority Parking”, on file in the Town Clerk's Office, and authorize the Board of Selectmen to sell or otherwise dispose of said property, in accordance
with the applicable public bidding procedures contained in the Massachusetts General laws, Chapter 30B, on such terms and conditions as the Board of Selectmen may deem appropriate.
This Motion requires a two-thirds vote.
ARTICLE 17
MOVED: That the Town vote to approve the Massachusetts School Building Authority Statement of Interest Form for the Roger Wellington School as approved by the School Committee of Belmont.
ARTICLE 18
MOVED: That the Town vote to approve the Massachusetts School Building Authority Statement of Interest Form for Belmont High School as approved by the School Committee of Belmont.
ARTICLE 19
MOVED: That the Board of Health and the Board of Selectmen be, and hereby are, authorized to enter into an inter-municipal agreement with one or more other governmental units, pursuant to Chapter 40, Section 4A of the Massachusetts General Laws, to provide public health services which the Board of Health is authorized to perform, in accordance with an Inter-Municipal Mutual Aid Agreement to be entered into between the town and various governmental units.
ARTICLE 20
MOVED: That under Article 20 the reading of the proposed special law be dispensed with the same being set forth in full under Article 20 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.
MOVED: That the Board of Selectmen be, and hereby is, authorized to petition the General Court for the enactment of a special law in substantially the form, set forth in Article 20 of the Warrant for this Meeting.
ARTICLE 21
MOVED: That the Director of Public Works and the Board of Selectmen be, and hereby are, authorized to enter into a contract or contracts for solid waste collection and transportation, solid waste disposal and recycling collection and transportation, marketing, and composting, pursuant to Chapter 30B, Section 12(b) of the Massachusetts General Laws, for a term or terms exceeding three years, but for not more than five years.
ARTICLE 22
MOVED: That under Article 22 the reading of the proposed special law be dispensed with the same being set forth in full under Article 22 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.
MOVED: That the Board of Selectmen be, and hereby is, authorized to petition the General Court for the enactment of a special law in substantially the form, set forth in Article 22 of the Warrant for this Meeting.
ARTICLE 23
MOVED: That under Article 23 the reading of the proposed special law be dispensed with the same being set forth in full under Article 23 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.
MOVED: That the Board of Selectmen be, and hereby is, authorized to petition the General Court for the enactment of a special law in substantially the form, set forth in Article 23 of the Warrant for this Meeting on file in the office of the Town Clerk.
ARTICLE 24
MOVED: That under Article 24 the reading of the proposed special law be dispensed with the same being set forth in full under Article 24 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.
MOVED: That the Board of Selectmen be, and hereby is, authorized to petition the General Court for the enactment of a special law in substantially the form, set forth in Article 24 of the Warrant for this Meeting on file in the office of the Town Clerk.
ARTICLE 25
MOVED: That under Article 25 the reading of the proposed new Article 31 of the General By-laws of the Town entitled “Belmont Wetlands Protection By-Law” be dispensed with the same being set forth in full under Article 25 in the Warrant for this meeting and having been distributed to each Town Meeting Member.
MOVED: That the Town vote to amend the General By-Laws of the Town by adding a new Article 31 entitled “Belmont Wetlands Protection By-Law” as set forth in full under Article 25 in the Warrant for this Meeting.
ARTICLE 26
MOVED: That the Town reduce the rate of interest that accrues on property taxes deferred by eligible seniors under Chapter 59, Section 5, clause 41A of the Massachusetts General Laws from eight percent per year to four and one half percent per year.
ARTICLE 27
MOVED: That under Article 27 the reading of the proposed special law be dispensed with the same being set forth in full under Article 27 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.
MOVED: That the Board of Selectmen be, and hereby is, authorized to petition the General Court for the enactment of a special law in substantially the form, set forth in Article 27 of the Warrant for this Meeting.
ARTICLE 28
MOVED: That under Article 28 the reading of the proposed amendments to Sections 1.4 “Definitions and Abbreviations”, 3.1 “General Requirements”, 3.3 “Schedule of Use Regulations”, 4.2.2 “Schedule Footnotes, Footnote 8”, 4.3.5 “Location of Accessory Buildings”, 5.2.4.b) 1) “Attached Signs”, 5.2.4.b) 3) “Standing Signs”, 6.6 “Floodplain District”, and 6.6.2 “Definitions” of the Zoning By-Law of the Town be dispensed with the same being set forth in full under Article 28 in the Warrant for this meeting and having been distributed to each Town Meeting Member.
MOVED: That the Town vote to amend the Zoning By-Law of the Town in Sections 1.4 “Definitions and Abbreviations”, 3.1 “General Requirements”, 3.3 “Schedule of Use Regulations”, 4.2.2 “Schedule Footnotes, Footnote 8”, 4.3.5 “Location of Accessory Buildings”, 5.2.4.b) 1) “Attached Signs”, 5.2.4.b) 3) “Standing Signs”, 6.6 “Floodplain District”, and 6.6.2 “Definitions” as set forth in full under Article 28 in the Warrant for this Meeting.
This Motion requires a two-thirds vote.
ARTICLE 29
MOVED: That under Article 29 the reading of the proposed amendments to the Belmont Zoning Map as provided on maps for each property entitled, “Re-Zoned Split Zoned Lots” be dispensed with the same being set forth in full under Article 29 in the Warrant for this meeting and having been distributed to each Town Meeting Member.
MOVED: That the Town vote to amend the Belmont Zoning Map as set forth in full under Article 29 in the Warrant for this Meeting.
This Motion requires a two-thirds vote.
MOVED: That the Town amend the Zoning By-Law of the Town by deleting Section 2.3.3, “Dividing Existing Lots” in its entirety.
This Motion requires a two-thirds vote.
ARTICLE 30
MOVED: That under Article 30 the reading of the proposed amendments to Sections 1.4 “Definitions and Abbreviations”, 3.4.2 “Home Occupations”, and 6 “Special Regulations” of the Zoning By-Law of the Town, and of the proposed new Section 6.11 of the Zoning By-Law of the Town entitled “Historic Accessory Building Preservation” be dispensed with the same being set forth in full under Article 30 in the Warrant for this meeting and having been distributed to each Town Meeting Member.
MOVED: That the Town vote to amend the Zoning By-Law of the Town in Sections 1.4 “Definitions and Abbreviations”, 3.4.2 “Home Occupations”, and 6 “Special Regulations”, and by adding a new Section 6.11 “Historic Accessory Building Preservation” as set forth in full under Article 30 in the Warrant for this Meeting.
This Motion requires a two-thirds vote.
ARTICLE 31
MOVED: That under Article 31 the reading of the proposed new Section 4.3.7 of the Zoning By-Law of the Town entitled “Corner Setbacks for Fences and Other Landscaping” be dispensed with the same being set forth in full under Article 31 in the Warrant for this meeting and having been distributed to each Town Meeting Member.
MOVED: That the Town vote to amend the Zoning By-Law of the Town by deleting in its entirety Section 4.3.7, and substituting therefor a new Section 4.3.7 as set forth in full under Article 31 in the Warrant of this Meeting.
This Motion requires a two-thirds vote.
ARTICLE 32
MOVED: That Article 32 be dismissed.
ARTICLE 33
MOVED: That the Town vote to amend the Zoning By-Law of the Town by adding to section 1.5.2 “Nonconforming Structures” at the end a new paragraph as follows:
The Board of Appeals may grant a special permit to add an additional non-conforming use in a two family residential structure only if the existing nonconforming use is for professional office space and the additional nonconforming use is for residential use, and if it determines that such additional nonconforming use shall not be substantially more detrimental than the existing nonconforming use to the neighborhood and that it shall be in keeping with the character of the district in which the property is located.
This Motion requires a two-thirds vote.
ARTICLE 34
MOVED: That the Town transfer, pursuant to Chapter 40, Section 15A of the General Laws, the care, custody, control, and management of real property known as the Harvard Lawn Fire Station shown on Assessors' Map 10, Parcel 79A, to be held for the purpose of conveyance, such transfer to be effective on the date the Fire Department vacates the Harvard Lawn Fire Station, and authorize the Board of Selectmen to sell or otherwise dispose of said real property, in accordance with Chapter 30B of the General Laws, on such terms and conditions as the Board of Selectmen determine to be in the best interests of the Town.
This Motion requires a two-thirds vote.
MOTION TO ADJOURN
MOVED: That this Annual Town Meeting be adjourned until 7:30 PM of Monday, May 22, 2006 at this place.
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