TOWN CLERK'S REPORT

ANNUAL TOWN MEETING

Monday, the Twelfth Day of May, 2008

The Annual Town Meeting of the Town of Foxborough convened at 7:41 PM in the auditorium of the Foxborough Senior High School, 120 South Street, Foxborough, Massachusetts with Town Moderator, Robert E. Cutler, Jr., presiding. Thomas R. Flanders, Pastor of the Church of Emmanuel Christian & Missionary Alliance delivered the invocation. Ronald P. Bresse, of the Advisory Committee led the Pledge of Allegiance, and Shauna Peterson of the Foxborough High School Choir sang the National Anthem. Then there was a moment of silence in memory of Robert R. Aucoin who passed away May 11, 2008.

Arlene Marie Crimmins, retiring Town Clerk, read the Warrant and Return. Marie was concluding twenty-six (26) years of service to the town. As her final duty she swore in the newly elected Town Clerk, Robert E. Cutler, Jr. She received a bouquet of twenty-six (26) roses, one for each year in office and a standing ovation as she left the stage after performing her last official duties as Town Clerk of Foxborough.

There were seven hundred fifty-four (754) registered voters recorded as present [a quorum being one hundred (100) registered voters].

ARTICLE 1: The election of Town Officials was held on Monday, the fifth day of May 2008. The results of the following positions were announced at the John J. Ahern Middle School by David Pignato, Town Warden: one Selectman for three years; one Town Clerk for two years; one Assessor for three years; one School Committee member for three years; one Water & Sewer Commissioner for three years; one Board of Health member for three years; two Boyden Library Trustees for three years and two Planning Board members for three years; one Housing Authority member for five years and; one Housing Authority member for 3 years.

ARTICLE 2: Town Clerk, Robert E. Cutler, Jr., presented the 229th Annual Report of the Town Officers of Foxborough, Massachusetts together with the report of the School Department and Town Accountant/Finance Director for the year ending December 31, 2007.

ARTICLE 3: Moved to hear the report of any committee and act thereon, and to choose any committee that may be wanted, and to raise and appropriate such sums of money deemed necessary for expenses of any committee chosen under this appropriation by taxation or by transfer from available funds.

No reports were given.

ARTICLE 4: Moved that the Town vote the compensation for elected officials and to raise and appropriate the sums of money herein specified and requested by the Board of Selectmen for the various departments for expenditures within the fiscal year July 1, 2008 through June 30, 2009 for the purposes herein mentioned and to meet said appropriations as follows:

Taxation $ 44,493,965.01

Overlay Surplus $ 10,281.00

Free Cash $ 1,106,053.00

Ambulance Receipts $ 400,000.00

Water Receipts $ 2,556,206.58

Sewer Receipts $ 1,044,251.63

Landfill Receipts $ 1,031,255.78

Landfill Retained Earnings $ 50,000.00

$ 50,692,013.00

UNHELD ITEMS ADOPTED 650 Affirmative 22 Negative 8:08 PM

#161 ADOPTED AS PRESENTED 600 Affirmative 77 Negative 8:10 PM

#543 ADOPTED AS PRESENTED 643 Affirmative 20 Negative 8:16 PM

ARTICLE 5: Moved that the Town vote to adopt the recommendations of the Capital Improvement Planning (CIP) Committee and to raise and appropriate or transfer from available funds the sums requested for the purpose herein mentioned in order to implement the CIP Budget request for Town Departments for FY 2009.

Funding: Free Cash 1,205,096

Ambulance Receipts 175,000

Fire Apparatus Revolving Account 18,000

Equipment Trade in Value 10,000

MSBA Project Funding 111,828

School Revolving Account 100,000

Ahern Capital Project Remaining Balance 5,486

Overlay Surplus 100,000

Chapter 90 325,000

Borrowing ---

Water Receipts 425,000

Sewer Receipts 200,000

Total 2,675,410

ADOPTED 660 Affirmative 10 Negative 8:19 PM

ARTICLE 6: Moved that the Town vote to amend its Revised Consolidated Personnel By-Law, as amended in accordance with the terms and conditions of a document entitled "Revised Consolidated Personnel By-Law 2008", a copy of which is on file with the Town Clerk; and to raise and appropriate the sum of One Hundred and Seven Thousand Two Hundred and Seven ($107,207.00) Dollars to supplement the wage and salary amounts voted under Article #4 of the Warrant, and to meet said appropriation as follows:

Funding Summary

Free Cash $93,545

Water Receipts 10,618

Sewer Receipts 1,582

Landfill Receipts 1,462

$107,207

ADOPTED 625 Affirmative 30 Negative 8:22 PM

ARTICLE 7: Moved no action on Article #7.

ADOPTED 670 Affirmative 2 Negative 8:23 PM

ARTICLE 8: Moved that the Town vote to fund the collective bargaining agreement negotiated by representatives of the Town of Foxborough Police Association, Local 379, AFL-CIO; and to raise and appropriate the sum of $184,800 to supplement the terms of said agreement; to meet said appropriation by transfer from available funds (free cash).

FY-2008 - $49,300

FY-2009 - $135,500

$184,800

ADOPTED 665 Affirmative 7 Negative 8:25 PM

ARTICLE 9: Moved that the Town vote to fund the collective bargaining agreement negotiated by representatives of the Town with the Foxborough Boyden Library Employees Association, H.L.P.E.; and to raise and appropriate $15,810 to supplement the terms of said agreement; and to meet said appropriation by transfer from free cash.

ADOPTED 660 Aff. 7 Neg. 8:26 PM

ARTICLE 10: Moved that the Town vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E ½ to re-authorize a revolving fund for Department #630 Recreation. For FY-2009 the Recreation Revolving Fund shall be One Hundred Ten Thousand ($110,000.00) Dollars to be spent for the Recreation Department programs; expenditure from such fund shall be as authorized by the Board of Selectmen, receipts to be deposited to this fund shall be monies from program participation.

ADOPTED 645 Aff. 20 Neg. 8:28 PM

ARTICLE 11: Moved that the Town vote pursuant to Massachusetts General Laws, Chapter 44, Section 53E ½ to re-authorize a revolving fund for Department #210 Police and Department # 220 Fire. For FY-2009 the Police and Fire revolving fund shall be Fifty Thousand ($50,000) Dollars to be used for the repair, replacement or purchase of equipment for Fire and Police vehicles, expenditures from such fund shall be as authorized by the Board of Selectmen, acting through the Town Manager. All receipts to be deposited to this fund shall be fees collected from vendors hiring Fire and/or Police details.

ADOPTED 656 Aff. 15 Neg. 8:32 PM

ARTICLE 12: Moved that the Town vote to reauthorize a revolving fund, with sub-accounts for each participating department, pursuant to Massachusetts General Laws, Chapter 44, Section 53E ½.

The sub-accounts shall be for the Planning Department (Dept. #175), Building Inspection (Dept. #241), Water Department (Dept. #450), and Sewer Department (Dept. #460).

The purposes of the Patriot Place Revolving Fund shall be to pay for costs incurred by the above mentioned departments in connection with the commercial development project known as "Patriot Place."

The revenue source for this fund shall be reimbursements and/or other monies paid to the Town by the Developer and Building Department fees received as a result of the "Patriot Place" project.

For FY-2009 the Patriot Place Revolving Fund shall be authorized to spend up to $265,000 for consulting service costs, payroll and other related costs for inspection, and additional resource and staff related costs, required to properly support the inspection, planning and utility services directly related to the Patriot Place commercial development.

Expenditures from each sub-account shall be as authorized by the Town Manager.

ADOPTED 656 Aff. 11 Neg. 8:35 PM

ARTICLE 13: Moved that the Town vote to authorize the Board of Selectmen to expend any funds received or to be received from the State and/or County for the construction, reconstruction, improvements or other highway related activities.

ADOPTED 662 Aff. 8 Neg. 8:36 PM

ARTICLE 14: Moved that the Town vote to accept Massachusetts General Laws, Section 4 of Chapter 73, of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows additional real estate tax exemptions of one hundred percent (100%) to persons who qualify for property tax exemptions under Clauses 17D, 22, 22A, 22B, 22C, 22D, 22E, 37A and 41C of Section 5 of Chapter 59 of the General Laws, and to set gross income and estate qualifying limits for Clause 41C as follows: Married gross income limit of $25,000, Married whole estate asset limit of $30,000, Single gross income limit of $18,500, and Single whole estate asset limit of $28,000.

ADOPTED 700 Aff. 22 Neg. 8:40 PM

ARTICLE 15: Moved that the Town vote to accept the provisions of Massachusetts General Laws, Chapter 31, Section 58A which reads as follows:

Notwithstanding the provisions of any general or special law to the contrary, in any city, town or district that accepts this section, no person shall be eligible to have his name certified for original appointment to the position of firefighter or police officer if such person has reached his thirty-second birthday on the date of the entrance examination. Any veteran shall be allowed to exceed the maximum age provision of this section by the number of years served on active military duty, but in no case shall said candidate for appointment be credited more than four years of active military duty.

NOT ADOPTED 10 Aff. 711 Neg. 8:51 PM

RECONSIDERATION NOT ADOPTED 3 Aff. 726 Neg. 8:52 PM

ARTICLE 16: Moved that the Town vote to amend the Revised General By-laws, Article V, Town Regulations by adding a new Section 22 addressing dog parks which will read as follows:

Dogs shall be allowed off leash within the fenced confines of any area within the Town designated as a Foxborough Dog Park. The area so designated shall be maintained and controlled by the owner of the property where the dog park is located, and/or its designated representative.

NOT ADOPTED 319 Aff. 325 Neg. 9:35 PM

NOT ADOPTED BY RECOUNT 319 Aff. 341 Neg. 9:43 PM

RECONSIDERATION NOT ADOPTED 10 Aff. 693 Neg. 9:44 PM

ARTICLE 17: Moved that the Town vote to amend Section 1, Police Regulations, of Article 5 of the Revised General By-Laws of the Town of Foxborough to insert the following:

Police Protection Required at Certain Gatherings

The owner, lessee, occupant, person in control or in charge of a public hall located in the S-1 Special Use District, which for purposes of this section shall include, but not be limited to, any restaurant, night club, function hall, entertainment court, or arcade, who leases, rents, causes or permits use of such public hall for compensation or otherwise for the purposes of public or private entertainment, at which alcoholic beverages are served or consumed, whether or not such alcoholic beverages are sold, whether or not an admission fee is charged, or public gatherings of any description in the S-1 Special Use District at which alcoholic beverages are served or consumed, whether or not such alcoholic beverages are sold, for any group of three hundred twenty five persons or cumulative group of five hundred persons or more shall file an Application for Police Detail and cause to be in attendance a number of Foxborough Police Officers, as determined by the Foxborough Police Chief to be necessary.

Application for a Police Detail shall be made to the Foxborough Police Department, not less than seventy-two hours before the holding of an event requiring such application. Applications shall be in a form approved by the Police Chief and Payment for the Police Detail shall be made at a rate of pay established by the Chief, or by collective bargaining agreement.

Group definition - individual party of 325 people.

Cumulative group - This is applicable to businesses holding multiple separate functions. When individual parties of 50 persons or more in the same business constitute a total gathering of 500 persons or greater, then the detail requirement goes into effect.

ADOPTED 653 Aff. 12 Neg. 10:10 PM

RECONSIDERATION NOT ADOPTED 5 Aff. 600 Neg. 10:11 PM

Approved by the A.G. August 18, 2008. REC

ARTICLE 18: Moved that the Town vote to amend the Foxborough Zoning By-Laws, Article 4, Section 4.00 Table of Use I Public and Quasi-Public Facilities.

By changing I.6 Commuter rail stations, bus stations, and related or accessory structures and improvements from a Not Permitted use to a use allowed by Special Permit in the Highway Business, General Industrial, and Limited Industrial Zoning Districts.

So that the Table of Uses reads:

R-15 R-40 GB NB HB GI LI S-1

9. Commuter rail stations,

bus stations, and related

or accessory structures

and improvements. NP NP NP NP SP SP SP SP

And to vote to amend the Zoning Map of the Town of Foxborough as follows:

By rezoning the following parcel of land from the R-40 Residential and Agricultural District to the Limited Industrial District (LI). The parcel is located on County Street, and is identified on Assessors' Plan Sheet No. 158, Parcel 4060. This proposed rezoning is shown on a plan on file with the Foxborough Town Clerk's Office.

ADOPTED 625 Affirmative 12 Negative 10:25 PM

Approved by the A.G. August 18, 2008. REC

ARTICLE 19: Moved that the Town vote to authorize the Board of Water and Sewer Commissioners, acting on behalf of the Town and in cooperation with the Board of Selectmen and with other Towns, including Norton, Mansfield and Foxborough,

  • to draft special legislation to create a Regional Sewer District Commission with substantially the powers, membership, governance and purposes set forth in Massachusetts General Laws, Chapter 21, Sections 28-30, supplemented and amended as the Commissioners and the authorized representatives of the other Towns may agree, by the matters set forth in Massachusetts General Laws, Chapter 40N, Section 25 and by such other amendments upon which the Commissioners and said representatives shall agree; to direct the Board of Selectmen to request that the state representative and senator representing this town file and support such special legislation; and to authorize the Board of Selectmen and/or the Board of Water and Sewer Commissioners on behalf of the Town, to enter into agreements, to obtain permits and to take all actions necessary to effect the foregoing;
  • to enter into an agreement to create and/or to become a member of an existing Regional Sewer Authority, for all lawful purposes in accordance with the provisions of Massachusetts law. And to authorize the Board of Water and Sewer Commissioners, on behalf of the Town, to enter into agreements, to obtain permits and to take all actions necessary to affect the foregoing.

ADOPTED 327 Aff. 261 Neg. 11:00 PM

ARTICLE 20: Moved that the Town vote to authorize the Board of Water and Sewer Commissioners, acting on behalf of the Town, to amend, terminate or otherwise execute a revised Agreement for Wastewater Treatment between the Town of Mansfield and the Town of Foxborough, which proposed Agreement revises, updates and supersedes the Agreement for Wastewater Treatment between the Town of Mansfield and the Town of Foxborough, dated September 19, 1985, and amended in December, 1985, June, 1990, and November, 1995. And to authorize the Board of Water and Sewer Commissioners, on behalf of the Town, to enter into agreements, to obtain permits and to take all actions necessary to affect the foregoing.

ADOPTED 373 Aff. 200 Neg. 11:11 PM

ARTICLE 21: Moved that the Town vote to create a Municipal Sewer District, comprised of those areas currently served by the Town's municipal sewer system and those areas identified in the Comprehensive Wastewater Management Plan approved by the Department of Environmental Protection on or about November 14, 2005, for future sewer system use, for all lawful purposes in accordance with the provisions of Massachusetts law. And to authorize the Board of Water and Sewer Commissioners, on behalf of the Town, to enter into agreements, to obtain permits, and to take all actions necessary to affect the foregoing, including without limitation, drafting special legislation and directing the Board of Selectmen to request that the state representative and senator representing this Town file and support such special legislation.

NOT ADOPTED 100 Aff. 333 Neg. 11:23 PM

RECONSIDERATION NOT ADOPTED 191 Aff. 283 Neg. 11:45 PM

ARTICLE 22: Moved that the Town vote to raise and appropriate the sum of $31,000,000.00 (thirty-one million dollars), by borrowing, under Massachusetts General Laws, Chapter 44 or otherwise, or as otherwise authorized by law, for the purposes of the costs of engineering, design, legal, consulting, permitting and other infrastructure improvements related to expansion of the Town's sewerage system and the~expanded Mansfield Wastewater Treatment Facility, which will service the Towns of Mansfield, Norton and Foxborough, leaching fields and other infrastructure related thereto; and for the costs of sewerage system improvements to enable the Town to connect to the Mansfield Wastewater Treatment Facility. Such expansion will include, without limitation: increased capacity at the Mansfield Wastewater Treatment Facility, sewers, pumping stations, force mains, effluent discharge leaching fields, effluent discharge leaching basins, and all other appurtenances related thereto; and

Funds to repay said borrowing shall be paid out of the Sewer Enterprise Fund through sewer receipts, sewer surplus, betterments, assessments, permanent privilege charges, and/or connection fees as determined by the Board of Water and Sewer Commissioners.

And to authorize the Board of Water and Sewer Commissioners, on behalf of the Town, and/or Board of Selectmen to enter into agreements, to obtain permits, and to take all actions necessary to affect the foregoing, including without limitation, drafting special legislation and directing the Board of Selectmen to request that the state representative and senator representing this Town file and support such special legislation.

NOT ADOPTED 50 Aff. 375 Neg. 11:40 PM

RECONSIDERATION NOT ADOPTED 5 Aff. 363 Neg. 11:46 PM

ARTICLE 23: Moved that the Town vote to accept as a public way Hill Street located within the "Dudley Hills" subdivision, which has been constructed pursuant to the Planning Board Subdivision Control Regulations as follows:

Hill Street - from its intersection with Holbrook Street to its intersection with Hitchcock Lane approximately 1,938 feet more or less.

ADOPTED 293 Aff. 10 Neg. 11:46 PM

ARTICLE 24: Moved that the Town vote to accept as a public way Holbrook Street located within the "Dudley Hills" subdivision, which has been constructed pursuant to the Planning Board Subdivision Control Regulations as follows:

Holbrook Street - from its intersection to the cul-de-sac approximately 810 feet more or less.

ADOPTED 273 Aff. 10 Neg. 11:47 PM

ARTICLE 25: Moved that the Town vote to accept as a public way Hitchcock Street located within the "Dudley Hills" subdivision, which has been constructed pursuant to the Planning Board Subdivision Control Regulations as follows:

Hitchcock Street - from its intersection with Hayden Drive to the cul-de-sac approximately 1,536 feet more or less.

ADOPTED 260 Aff. 10 Neg. 1148 PM

ARTICLE 26: Moved that the Town vote to accept as a public way Harnden Street located within the "Dudley Hills" subdivision, which has been constructed pursuant to the Planning Board Subdivision Control Regulations as follows:

Harnden Street - from its intersection with Hitchcock Lane to the cul-de-sac approximately 1,469 feet more or less.

ADOPTED 263 Aff. 2 Neg. 11:48 PM

ARTICLE 27: Moved that the Town vote to accept as a public way Hayden Street located within the "Dudley Hills" subdivision, which has been constructed pursuant to the Planning Board Subdivision Control Regulations as follows:

Hayden Street - from its intersection with Beach Street to its intersection with Holbrook Street approximately 3,262 feet more or less.

ADOPTED 223 Aff. 3 Neg. 11:50 PM

Meeting adjourned at 11:51 PM.

A True Record Attest: