TOWN OF EAST
LONGMEADOW
October 15, 2007
In accordance with the warrant of the Selectman, a Special Town Meeting was held in the Auditorium of the East Longmeadow High School on Monday evening, October 15, 2007. Town Moderator, Mr. James Sheils, called the meeting to order at 7:09PM; there being in excess of 100 registered voters present. Mr. Sheils offered the opening prayer and led the assembly in the Pledge of Allegiance. Mr. Sheils then proceeded with communicating the location of the fire exits.
Mr. Jack Villamaino, Chairman of the Board of Selectman, recognized Fire Chief Bob Wallace for his 36 years of diligent service pending his upcoming retirement at year’s end.
Mr. Sheils then introduced Mr. Larry Levine as the newly appointed Deputy Moderator.
Next, based on the new by-law change, The Town Moderator can now determine, without a count, whether a 2/3’s quorum town vote has been obtained, subject to the right of challenge by seven (7) voters as authorized the Town By-Law, Section 2.030 Chapter 13. If seven (7) or more voters challenge the vote, a teller count shall be required. This was communicated by Mr. Sheils to those present in the auditorium.
Article
1
Voted that the Town will vote to appropriate and
transfer a sum of money for unpaid bills that were incurred and not paid in
prior fiscal years as sponsored by the Board of Selectmen and recommended by
the Appropriations Committee.
9/10 majority needed. Passed by teller count; 357 yes (97.8%), 8 no (2.2%).
Article 2
Voted that the Town transfer $6,546.00 from the General Fund Health Insurance account to the School Cafeteria Fund for the purpose of balancing School Lunch ledgers as recommended by the annual Town audit and sponsored by the School Committee and recommended by the Appropriations Committee.
Passed by majority vote as declared by Town Moderator.
Article 3
Appropriate and Transfer Money from Ambulance Services to Police Services.
Voted that the Town appropriate and transfer $90,000.00 to the Police Department Personal Services Control Line Item from the Ambulance Services Account ($45,000.00) and the General Fund Health Account ($45,000.00) as sponsored by the Board of Selectman and recommended by the Appropriations Committee.
Passed by unanimous vote as declared by Town Moderator.
Article 4
Voted that the Town authorize an increase in the amount of $20,000.00 for a total not to exceed $60,500.00 during the fiscal year that may be expended from the local Cable Access Revolving Fund, as approved and sponsored by the Board of Selectmen.
Motion made to amend fund to $45,000.00 instead of $60,000.00 and seconded. Motion failed.
Original motion passed by unanimous vote as declared by Town Moderator.
Article 5
Motion failed as declared by Town Moderator.
Article 6
Voted that the Town appropriate from the Community Preservation Fund annual revenues a sum or sums of money as recommended by the Community Preservation Committee for administrative expenses, community preservation projects and other permissible expenses in Fiscal Year 2008:
Appropriations: From FY 2008 estimated revenues for Committee Administrative expenses up to 5%
Reserves: From FY 2008 estimated revenues for Historic Resources Reserve: 10%.
From FY2008 estimated revenues for Community Housing Reserve: 10%
From FY 2008 estimated revenues for Open space reserve: 10%
From FY 2008 estimated for the Legally Undesignated General Reserve: 65%
For this article, voted that the town appropriate $8,893.00 from the Community Preservation fund account for administrative expenses and establish a reserve for future appropriations as mandated by the Act as follows:
Community Housing Reserve: $17,787.00
Historic Resources Reserve: $17,787.00
Open Space Reserve: $17,787.00
Sponsored by the Board of Selectmen and the Community Preservation Committee and recommended by the Appropriations Committee.
Passed by majority vote as declared by Town Moderator.
Article 7
Voted that the Town raise and/or appropriate a sum of $35,000.00 from the Community Preservation Fund to be expended under the jurisdiction of the Community Preservation Committee to pay all costs and related expenses in moving the old train depot building to another site and its relocation thereon. Sponsored by the Board of Selectman and Community Preservation Committee and recommended by the Appropriations Committee.
Passed by majority vote as declared by Town Moderator.
Article 8
Voted that the Town accept the provisions of Massachusetts General Law Chapter 32B, Section 18 (pertaining to Medicare Part A and Part B for municipal employees) as printed in the warrant. Sponsored by the Board of Selectman and recommended by the Appropriations Committee.
Motion failed as declared by Town Moderator.
Article 9
Voted that the Town accept the provisions of Massachusetts General Law Chapter 71, Section 37M (streamlining cost effectiveness of school and town departments) as printed in the warrant. Sponsored by the Board of Selectmen and recommended by the Appropriations Committee.
Passed unanimously as declared by Town Moderator.
Article 10
Voted the Town to accept the provisions of Massachusetts General Law Chapter 41, Section 100B as printed in the warrant.
No motion made, no action taken.
Article 11
Voted to see if the Town will vote to authorize the Town of East Longmeadow, acting by and through its Board of Public Works, to agree to indemnify Hasbro, Inc., its employees, officers, directors and agents from any damages, claims, causes of action, and costs (including, without limitation, reasonable attorney’s fees and expenses) related to or arising out of (i) the injury of any persons within the Easement Area, except injuries that are the result of willful, wonton or reckless misconduct by Hasbro, Inc., its employees, officers, directors or agents, (ii) the injury of any person who trespasses onto Hasbro’s other property from the Easement Area, provided that Hasbro, Inc. shall maintain its other property abutting the Easement Area in condition that is reasonably safe and is not reckless or intentionally hazardous, or (iii) damage to Hasbro’s property of improvements thereon adjacent to the Easement Area caused by or related to the Town’s activity within the Easement Area; and pass any vote or take any other action relative thereto.
Sponsored by: Board of Selectmen and Board of Public Works,
Passed unanimously as declared by Town Moderator.
Article 12
To see if the Town will vote to amend the East Longmeadow Zoning By-laws to exempt municipal structures and uses from the provisions of the Zoning By-law; and pass any vote or take any other action relative thereto.
No motion made, no action taken.
Article 13
To see if the
Town will vote to authorize the Board of Selectmen, by virtue of M.G.L. c. 79, to take in fee simple for highway purposes
the following street as recommended by the Board of Public works and the
Planning Board:
Birch Avenue: a strip of land Forty (40) feet in width beginning at the southerly terminus of Bartlett Avenue and running easterly for a distance of approximately six hundred eighty-three (683) Feet to its terminus, as shown on plans recorded in the Hampden County Registry of Deeds at Book of Plans A, Page 70; and pass any vote or take any other action relative thereto as sponsored by the Planning Board.
Passed by majority vote as declared by Town Moderator.
Article 14
To see if the
Town will vote to authorize the Board of Selectmen, by virtue of M.G.L. c. 79, to take in fee simple for highway purposes
the following streets as recommended by the Board of Public works and the
Planning Board:
Orchard Road: A
strip of land sixty (60) feet in width beginning at the previously accepted
portion of Orchard Road the point of beginning being the Southwesterly corner
of Lot 13 and the Northwesterly corner of Lot 14, as shown on Book of Plans 70,
page 106, being approximately Eight
Hundred Ninety-five (895) feet Westerly from the Westerly side of Parker Street,
thence running Westerly, Southerly, Westerly then Northerly for a distance of
approximately two thousand six hundred and eighty-five (2,685) feet as shown on
Book of Plans 309, page 68 – 70 inclusive, to its’ intersection with Theresa
Street and the cul-de-sac as shown on plans recorded in the Hampden County
Registry of Deeds Book of Plans 328, Page 2.
Pine Grove Circle: A strip of land sixty (60) feet in width beginning at Orchard Road thence running Northerly, then Westerly, then Southerly a distance of approximately one thousand nine hundred (1,900) feet to its terminus at the intersection of Orchard Road as shown on plans recorded in the Hampden County Registry of Deeds at Book of Plans 309, Page 69; and pass any vote or take any other action relative thereto as sponsored by the Planning Board.
Passed unanimously as declared by Town Moderator.
Article 15
Voted that the Town amend the Zoning By-laws of the Town to allow home-based service business by special permit pursuant to G.L. Chapter 39, Section 10, and as printed in the warrant.
Motion made to amend zoning by laws as printed in Article 15 in the warrant, seconded and discussed. Motion made to amend main motion to substitute replacement language in proposed sections [B](a) [3] and [B] (c), seconded and approved. Motion to refer to Planning Board, and seconded. Motion to amend referral to provide for moratorium, seconded and approved. Motion to refer as amended, voted upon, passed by 2/3 majority and then approved final action by 2/3 majority as declared by town moderator.
Article 16
Voted that the Town amend its zoning by-laws by deleting the first sentence of the second paragraph of Section 5.246 (“Parking Standards” for the Planned Business Development district) as presently written and substituting the following therefore:
The minimum parking spaces for a Planned Business Development shall be 4.5 parking spaces every 1,000 square feet of gross floor area for all uses except restaurants and as printed in the warrant.
Passed by majority vote as declared by Town Moderator.
Motion to Adjourn
The Annual Town Meeting was adjourned at 9:40 p.m., the business of the Warrant having been completed.
Certificate of Quorum
This is to certify that more than 100 Registered Voters were present at the Special Town Meeting held on October 15, 2007. Voter attendance was recorded as follows:
Precinct 1 106
Precinct 2 92
Precinct 3 113
434
True Record: Attest:
Thomas P. Florence
Town Clerk