Information for Meeting of Town Meeting
Monday February 06, 2012 7:00 PM EST

SPECIAL TOWN MEETING
WARRANT
TOWN OF BARRE

COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS.                            


To either of the Constables of the Town of Barre, in the County of Worcester, Greetings:

In the name of the Commonwealth of Massachusetts, you are required to inform the inhabitants of the Town of Barre, qualified to vote in elections to meet at the Ruggles Lane School Auditorium:

MONDAY, THE SIXTH OF FEBRUARY, 2012

at Seven O’clock in the evening, then and there to act on the following articles: 

ARTICLE l.   AMENDMENTS TO APPROPRIATIONS AND SOURCES OF FUNDS FOR FY 2012 OPERATING BUDGET 
[Majority Vote Required]
 
To see if the Town will vote to amend the appropriations and source of funds for certain accounts for the fiscal year 2012 Operating Budget adopted under Article 3 of the June 2011 Annual Town Meeting; or take any other action relative thereto.
				 
      						     Changing From	     Changing To
				    		      Appropriated	       Revote
						        June 2011	  	February 6, 2012 
GENERAL GOVERNMENT:			       Town Meeting     Special Town Meeting
Line 8	Town Audit	$15,000	$45,000
Line 15	Assistant Town Treasurer Salary	$16,300	$21,501
Line 20	Assistant Town Collector Salary	$16,567	$31,936
Line 24	Town Clerk Salary	$41,240	$41,540
	Changes to General Government:	$89,107	$139,977



Sponsor:  Board of Selectmen
RECOMMENDATION OF THE FINANCE COMMITTEE:   FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN

ARTICLE 2:	CONSULTING AND ENGINEERING SERVICES FOR DICK’S BROOK
[Majority Vote Required]

To see if the Town will vote to transfer from available funds a sum of money for consulting and engineering services incurred prior to the MassWorks grant award for the Dick’s Brook Project; or take any other action relative thereto.

Sponsor:  Board of Selectmen
RECOMMENDATION OF THE FINANCE COMMITTEE:    FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN:  TO BE GIVEN


ARTICLE 3:	FINAL PAYMENT ON CHEVY IMPALA CRUISER
[Majority Vote Required]

To see if the Town will vote to transfer from available funds, a sum of money to make the final payment for the purchase of the Chevy Impala Cruiser; or take any other action relative thereto.

Sponsor: Police Department
RECOMMENDATION OF THE FINANCE COMMITTEE:    FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN:  TO BE GIVEN


ARTICLE 4:	TRAINING AND PURCHASE OF TASERS
[Majority Vote Required]

To see if the Town will vote to transfer from available funds a sum of money to train Police Officers on and to purchase the equipment for new less-than lethal or self-defense products otherwise known as Tasers; or take any other action relative thereto.

Sponsor:  Police Department
RECOMMENDATION OF THE FINANCE COMMITTEE:   FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN


ARTICLE 5:  ZONING MAP AMENDMENT
[2/3 Vote Required]	See Appendix 1

To see if the Town will vote to amend the Code of the Town of Barre, Chapter 140 Zoning, by amending the Zoning Map, dated May 4, 2009, referred to at 140-4.A. to include the property situated at 699 West Street, as shown on Worcester District Registry of Deeds Plan Book 539, Plan 7, and also show on Assessor’s Map	 Sheet E as Parcel 84A, in the Business and Commercial District; or take any other action relative thereto.

Sponsor:  William Neylon
RECOMMENDATION OF THE FINANCE COMMITTEE:  FAVORABLE: Voted 6-0
RECOMMENDATION OF THE SELECTMEN:  TO BE GIVEN

ARTICLE 6:  ZONING FOR SOLAR ARRAYS
[2/3 Vote Required]

To see if the Town will vote to amend the Code of the Town of Barre, Chapter 140, Zoning, to define and delineate what zones in the Town would allow Solar Arrays by right or special permit and what zones would not allow Solar Arrays; or take any other action relative thereto.

Sponsor:  Planning Board
RECOMMENDATION OF THE FINANCE COMMITTEE:  NO VOTE TAKEN
RECOMMENDATION OF THE BOARD OF SELECTMEN: NO VOTE TAKEN






ARTICLE 7:  AMENDMENT TO THE C.L.E.R.A.B.  BYLAW 
[Majority Vote Required]	See Appendix 2

To see if the Town will vote to amend Code of the Town of Barre, Chapter 18, Article II,  Civilian Law Enforcement Review and Advisory Board, Section 18-8, Paragraph E. by deleting the word “three” following the word “every” in the second line and inserting in place thereof the word “six”; or take any other action relative thereto.

Sponsor:  Civilian Law Enforcement Review and Advisory Board
RECOMMENDATION OF THE FINANCE COMMITTEE:  FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN


ARTICLE 8:  FORMAL ACCEPTANCE OF MGL CH.32B, SECTION 18A:
[Majority Vote Required]	See Appendix 3

To see if the Town will amend the vote taken under Article 11 of the Special Town Meeting held January 31, 2011 to include at the beginning thereof the following:  “Accept Massachusetts General Laws Chapter 32B, Section 18A.”; or take any other action relative thereto.

Sponsor:  Board of Selectmen
RECOMMENDATION OF THE FINANCE COMMITTEE:   FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN

ARTICLE 9:  VOTER APPROVAL ON ENTERING INTER_MUNICIPAL AGREEMENT FOR REGIONAL DISPATCH SERVICES
[Majority Vote Required]

To see if the Town will vote to amend the Code of the Town of Barre by inserting the following General By-Law”  “Chapter 120, Inter-Municipal Agreement-Regional Dispatch Services:”  “The Board of Selectmen, before entering into any inter-municipal agreement providing for regional dispatch services to the Town, shall obtain the approval of said inter-municipal agreement by a majority vote of the Town at an Annual or Special Town Meeting”; or take any other action relative thereto.

Sponsor:  Citizen Petition
RECOMMENDATION OF THE FINANCE COMMITTEE:   UNFAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN

ARTICLE 10:  ACCEPTANCE OF EASEMENTS
[2/3 Required]		See Appendix 4

To see if the Town will vote to authorize the Selectmen to negotiate and the Town to accept one or more easements with the property owners on Winter Street and/or School Street North for the purpose of repairs and maintenance to existing storm water drainage in that area; or take any other action relative thereto.

Sponsor:  DPW Commission
RECOMMENDATION OF THE FINANCE COMMITTEE:    FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN:  TO BE GIVEN




ARTICLE 11:  SOLAR POWER NET METER PURCHASE AGREEMENT
[Majority Vote Required]

To see if the Town will vote to authorize the Selectmen to enter into an agreement with Quabbin Solar, LLC, a Solar Power Net Meter Purchase Agreement for the purpose of purchasing energy credits at a discounted value; or take any other action relative thereto.

Sponsor:  Town Counsel
RECOMMENDATION OF THE FINANCE COMMITTEE:   FAVORABLE:  Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN

ARTICLE 12:  ACCEPTANCE OF COLE PLACE ROAD AS TOWN MAINTAINED ROAD
[Majority Vote Required]

To see if the Town will vote to accept Cole Place Road as a town way as laid out on a surveyor’s plan indicating the means and bounds, said vote to supersede any prior vote of the town regarding said Road whether referred to as Cole Place Road or otherwise; or take any action relative thereto.

Sponsor:  Town Counsel
RECOMMENDATION OF THE FINANCE COMMITTEE:   FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN: TO BE GIVEN

ARTICLE 13:  AMENDMENT TO FINANCE COMMITTEE BYLAW
[Majority Vote Required]	See Appendix 5

To see if the Town will vote to amend the Code of the Town of Barre, Chapter 18, Article I “Finance Committee”, Section 18-1 “Establishment; eligibility” by inserting “except that a member of the Finance Committee may be a member of the Capital Planning Committee, Landfill Study Committee, or any other advisory committee that does not have a budget reviewed by the Finance Committee.” At the end of the paragraph; or take any action relative thereto.

Sponsor:  Finance Committee
RECOMMENDATION OF THE FINANCE COMMITTEE:    FAVORABLE: Voted 6-0
RECOMMENDATION OF THE BOARD OF SELECTMEN:  TO BE GIVEN

	You are directed to serve this Warrant by posting an attested copy thereof in the bulletin boxes at Ruggles Lane School, the Town Hall, the Henry Woods Building, the Town Clerk’s Office, the Senior Center, the Elderbus Garage, and the Woods Memorial Library.
	Hereof, fail not, and make due return of this warrant with your doings thereon, to the Town clerk at the time and place of said meeting as aforesaid. Given under our hands this 17th day of January, 2012 A.D. 

S/Lief Ericson, Selectmen
S/ Kathlyn Inman, Selectman
S/Richard Jankauskas, Selectman
SELECTMEN OF BARRE

Worcester SS: 	Pursuant to the within Warrant, I have notified and warned the inhabitants of the Town of Barre by posting up attested copies of the same in the bulletin boxes at Ruggles Lane School, the Town Hall, the Henry Woods Building, the Town Clerk’s Office, the Senior Center, the Elderbus Garage, and the Woods Memorial Library.
January 18, 2012                                                                  	 S/Gary Clark, Constable of Barre
Returned to the Clerk of the Town of Barre at 1:00 p.m. on the 18th day of January, 2012.
S/Mary Ann Gendron, Assistant Town Clerk                          S/Gary Clark,Constable
Appendix 1:  Article 5 Zoning Map Amendment

To see if the Town will vote to amend the Town of Barre Zoning by amending the Zoning Map to include the following described parcel in the Business and Commercial District:

________________________________________________________________________


	A certain tract or parcel of land with the building thereon situated in Barre, Worcester County, Massachusetts on the southerly side of West Street (also know as Petersham Road and Routes 32 and 122) and bounded and described as follows:

BEGINNING	at a gun barrel set at a point in the southerly line of Petersham Road at land    now or formerly of Edward M. and Florence G. Neylon;

THENCE	S. 7° 48’ 17” E. along said Neylon land a distance of 111.50 feet to a gun barrel set;

THENCE	S. 82° 11’ 43” W. along said Neylon land and land now or formerly of Bruce W. & Constance J. Spinney a distance of 263.63 feet to a gun barrel set;

THENCE	N. 7° 48 ‘ 17” W. along said Spinney land a distance of 111.50 feet to a gun barrel set in the said southerly line of Petersham Road;

THENCE	N. 82°  11’ 43” E. along said southerly line of Petersham Road a distance of 263.63 feet to the point of beginning.

CONTAINING 29,395 square feet and being shown on plan entitled “Plan of Land in Barre Prepaerd for Edward M. Neylon & Charles A. Cummings, 1”=50’, 16 November, 1981, Berry Engineering, Inc., Petersham, Mass.” And rececorded with the Worcester District Registry of Deeds in Plan Book 539, Plan 7.

BEING the same premises conveyed to William W. Neylon by deed dated May 15, 1997 and recorded with the Worceser District Registry of Deeds in Book 18955, Page 1.

Being shown on the Town of Barre’s Assessor’s Map on Sheet E as Parcel 84A.



















Appendix 2: Article 7 Amendment to CLERAB Bylaw

Current Bylaw: 

Chapter 18, Article II, Civilian Law Enforcement Revew and Advisory Board Section 18-8, Paragraph E:

The Board shall elect a Chairman annually. The Board shall meet at the call of the Chairman but shall meet at least once every three months. The Board may elect a member to serve as Clerk. Meetings of the Board shall be opened to the public except when the Board meets in executive session in private as regulated by Massachusetts General Laws. All meetings of the Board shall be conducted in accordance with the Open Meeting Law of Massachusetts.

Proposed Revised Bylaw:

Chapter 18, Article II, Civilian Law Enforcement Revew and Advisory Board Section 18-8, Paragraph E:

The Board shall elect a Chairman annually. The Board shall meet at the call of the Chairman but shall meet at least once every six months. The Board may elect a member to serve as Clerk. Meetings of the Board shall be opened to the public except when the Board meets in executive session in private as regulated by Massachusetts General Laws. All meetings of the Board shall be conducted in accordance with the Open Meeting Law of Massachusetts.




Appendix 3: Article 8 Formal Acceptance of MGL Ch.32B, Section 18A:

Vote taken at January 31, 2011 Special Town Meeting:
To see if the Town will vote to require that all retirees, who retire after the acceptance of Chapter 32B Section 18A, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, his spouse or dependents, be required to enroll in a Medicare health benefits supplement plan offered by the town.

Vote to Amend January 31, 2011 Special Town Meeting Vote:
To see if the Town will vote to accept Massachusetts General Laws Chapter 32B, Section 18A vote to require that all retirees, who retire after the acceptance of Chapter 32B Section 18A, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, his spouse or dependents, be required to enroll in a Medicare health benefits supplement plan offered by the town.












Appendix 4:  Article 10 Acceptance of Easements

Winter Street/School Street North
Drainage Easements Needed 

Map	Lot		Property Location	Owner		Co-Owner	Book/Page

EA	377	59 Winter Street	Dodds,Thomas H.	Dodds, Jane E.	   	29870/240
					59 Winter St., Barre MA 01005

EA	378	69 Winter Street	Lussier, Suzanne				32629/244
					69 Winter St., Barre MA 01005

EA	379	81 School Street N.	Campbell, Christine Trustee Brown Family Trust	
					81 School St. No., Barre MA 01005		38005/250

EA	379A	School Street N.(Off) Campbell, Christine Trustee Brown Family Trust
					81 School Street No., Barre, MA 01005	38005/250

EA	380	121 School Street N.	Schmitz, Thomas G	Schmitz, Judith B	16047/38
					P.O. Box 578, Barre MA 01005




Appendix 5: Article 13 Amendment to Finance Committee Bylaw


Current Bylaw: 

Chapter 18, Article I, Finance Committee, Section 18-1, Establishment; eligibility:
There shall be a Finance Committee consisting of seven legal voters of the Town who shall be appointed by the Moderator as hereafter provided. No elected or appointed Town officer or Town employee shall be eligible to serve on such Committee. 


Proposed Revised Bylaw:

Chapter 18, Article I, Finance Committee, Section 18-1, Establishment; eligibility:

There shall be a Finance Committee consisting of seven legal voters of the Town who shall be appointed by the Moderator as hereafter provided. No elected or appointed Town officer or Town employee shall be eligible to serve on such Committee except that a member of the Finance Committee may be a member of the Capital Planning Committee, Landfill Study Committee, or any other advisory committee that does not have a budget reviewed by the Finance Committee.