FY 2017 ANNUAL TOWN MEETING — CHARLTON, MASS.

Town Meeting is the legislative body of the town, acting much like our legislative counterparts at the state and federal level to fund a budget and establish bylaws.

– Peter Cooper, Jr., Charlton Town Moderator

BY PROCLAMATION OF THE BOARD OF SELECTMEN, TODAY IS DECLARED FRANK MORRILL DAY IN RECOGNITION OF FRANK MORRILL.

Article 1. ELECTION
“To choose one Selectman for three years, one Assessor for three years, one Cemetery Commissioner for three years, two Water and Sewer Commissioners for three years, one Planning Board member for five years, one Board of Health Member for three years, one Recreation Commissioner for three years, one Tree Warden for one year, two Trustees of the Free Public Library for three years, two Constables for three years, one Dudley-Charlton Regional School Committee Member for three years, one Dudley-Charlton Regional School Committee Member for one year, one Southern Worcester County Regional Vocational School District Committee Member for one year and one Housing Authority Member for five years”
PASSED – ON MAY 7th, 2016 PURSUANT TO TOWN ELECTIONS

Article 2. TOWN REPORTS
“To see if the Town will vote to accept the reports of its officers for the past year, or take any action relative thereto or thereon”
PASSES – BY MAJORITY VOTE

Article 3. LITIGATION
“To see what action the Town will take in relation to prosecuting and defending actions or suits for and against the Town, or take any action relative thereto or thereon. ”
PASSES – UNANIMOUSLY

Article 4. APPROPRIATION OF FUNDS FOR UNPAID BILLS OF A PRIOR FISCAL YEAR
“To see if the Town will vote to raise by taxation, transfer or borrow and appropriate a sum or sums to accounts to be specified at the town meeting for payment of one or more prior fiscal year’s bills not paid due to an insufficiency of appropriation or for any other reason, or take any action relative thereto or thereon”
PASSES – UNANIMOUSLY

Article 5. INTER/INTRA DEPARTMENTAL TRANSFERS FOR FY16
“To see if the Town will vote to transfer and appropriate sums to be specified at the Annual Town Meeting within departmental accounts, from one line item of such accounts to another line item or line items of such accounts, for the fiscal year ending June 30, 2016, or take any action relative thereto or thereon”
AMENDMENT 1 – MOTION TO REMOVE PATRIOTIC STREET LINES
AMENDMENT 1 PASSES – BY MAJORITY VOTE
ARTICLE 5 WITH AMENDMENT PASSES – BY MAJORITY VOTE

Article 6. TOWN BUDGET
“To see if the Town will vote to raise, borrow or transfer and appropriate such sums of money as may be necessary to defray the expenses of the fiscal year beginning July 1, 2016, and, as provided by General Laws, Chapter 41, Section 108, to fix the salaries and compensation of all elected officers of the Town as set forth in the budget voted under this Article or as separately voted by the Town under other articles of the Warrant for this meeting, or take any action relative thereto or thereon.”
PASSES – WITH 2/3rds MAJORITY

Article 7. WATER DEPARTMENT BUDGET (ENTERPRISE FUND)
“To see if the Town will vote to raise by taxation, borrow or transfer from available funds and appropriate to the Water Enterprise Fund, such sums of money as may be necessary, together with revenue from Water Department operations, to defray the expenses of the Water Department for the fiscal year beginning July 1, 2016, or take any action relative thereto or thereon.”
PASSES – UNANIMOUSLY

Article 8. SEWER DEPARTMENT BUDGET (ENTERPRISE FUND)
“To see if the Town will vote to raise by taxation, borrow or transfer from available funds and appropriate to the Sewer Enterprise Fund, such sums of money as may be necessary, together with revenue from Sewer Department operations, to defray the expenses of the Sewer Department for the fiscal year beginning July 1, 2016, or take any action relative thereto or thereon.”
PASSES – UNANIMOUSLY

Article 9. PEG ACCESS AND CABLE RELATED FUND ACCEPTANCE AND BUDGET
“To see if the town will vote: (a) to accept General Laws Chapter 44, Section 53F¾, and as allowed by that statute to establish a special revenue fund known as the “PEG Access and Cable Related Fund”, into which may be deposited funds received in connection with a franchise agreement between a cable operator and the town and from which funds may be appropriated by town meeting only for cable-related purposes consistent with such franchise agreement, including but not limited to: (i) support of public, educational or governmental access cable television services; (ii) monitoring compliance of the cable operator with the franchise agreement; and/or (iii) preparation for renewal of the cable franchise agreement, the fund to begin operation for fiscal year 2017, which begins on July 1, 2016; (b) to have the town accountant transfer any balance in the accepted fund into the PEG Fund at the beginning of fiscal 2017; and (c) to transfer from other available funds and appropriate to the Cable Department Budget a sum of money as may be necessary, together with revenue from Cable Department operations, to defray the expenses of the Cable Department for the fiscal year beginning July 1, 2016, or take any action relative thereto or thereon.”
PASSES – UNANIMOUSLY

Article 10. TRANSFER OF FUNDS TO AND FROM STABILIZATION FUND ACCOUNT
“To see if the Town will vote to add funds to and/or transfer and appropriate sums from the Stabilization Fund Account to an account or accounts to be determined at the Town Meeting, including for purposes of acquiring land in the Town, or take any action relative thereto or thereon”
PASSES – UNANIMOUSLY

Article 11. CAPITAL ITEMS AND RELATED CONTRACTS
“To see if the Town will vote to raise by taxation, borrow or transfer from available funds, including so called “free cash” and funds previously appropriated to other uses, and appropriate a sum or sums to purchase capital items and for service, repair, improvement, architectural, construction, renovation, improvement and/or other contracts relating to town buildings, facilities and other property, and to authorize the Board of Selectmen, Chief Procurement Officer, or other appropriate town official, board, commission or committee to enter into such contracts or leases, and to take other such action, as may be necessary to effectuate the purposes of such votes, or take any action relative thereto or thereon.”
PASSES – UNANIMOUSLY

Article 12. CEMETERY PERPETUAL CARE
“To see if the Town will vote to accept the sum of $6,290 as trust funds from individual persons, the income from each such sum to be used for the perpetual care of the Charlton cemeteries, or take any action relative thereto or thereon.”
PASSES – UNANIMOUSLY

Article 13. REAUTHORIZATION OF REVOLVING FUNDS
“To see if the Town, upon recommendation of the Board of Selectmen, will vote, as authorized by Mass. General Laws Chapter 44, Section 53E ½, to reestablish and/or establish the following Revolving Funds, and to authorize the official, commission, board or committee specified in the first column below to expend funds from the specified account, without further appropriation, provided that the amount to be expended from such account in the fiscal year commencing this coming July 1 shall not exceed the amount set forth in the fourth column unless an additional amount or amounts are recommended by both the Board of Selectmen and the Finance Committee; or take any action relative thereto or thereon”
PASSES – UNANIMOUSLY

Article 14. CLASSIFICATION PLAN UPDATE
“To see if the Town will vote pursuant to Mass. General Laws, Chapter 41 Section 108A and in accordance with the recommendation of the Personnel Board to amend as follows the portion of its Personnel Bylaw appearing as General Code Classification Plan, Section 220-2.1, as most recently amended by vote under warrant Article 13 of the May 18, 2015 Annual Town Meeting: By deleting therefrom the following positions in the Grade listed:
N6: Cemetery Superintendent N5: Head of Youth Services /Assistant Director
And by adding thereto the following positions to the Grades listed:
N7: Cemetery Superintendent N6: Head of Youth Services/Assistant Director, provided however:
(a) that neither any, particular deletion nor addition approved at the town meeting shall take effect until and unless sufficient funds have been appropriated to fund any increase in compensation which would result from the deletion or addition as to that, particular position, and (b) that any portion of same, if any, as may require collective bargaining shall not become effective until and unless resolution or impasse is reached through good faith bargaining as to same, and that each of same, respectively, shall individually become effective on the later of (a) July 1, 2016 or (b) the date when such funds are so appropriated and any such resolution or impasse has been so reached , or take any action relative thereto or thereon.”
PASSES – UNANIMOUSLY

Article 15. GOVERNMENT STUDY COMMITTEE
“To see if the town will vote: to direct the Board of Selectmen to discuss at a regularly scheduled meeting of the Board prior to July 1, 2016 each recommendation outlined in the white paper report authored by the Government Study Committee; and to authorize the Board: (a) to determine what action, if any, shall be taken as to such recommendations; (b) to form a Strategic Action Planning Committee, if in the Board’s judgment such is needed or advisable to assist in moving forward with creating an action plan to implement such recommendations, if any, as the Board deems appropriate; (c) to create and implement such a plan to the extent that the Board already has the authority under the Mass. General Laws, Charlton bylaws or other Mass. law to do so, but subject to any existing legal limitations on such authority, including the need for town meeting funding, if any were to be required for any such action; and (d) to report back to the annual town meeting in May 2017 with any action taken, if any, as to the foregoing and as to anything relative thereto or thereon.”
PASSES – BY MAJORITY VOTE

Article 16. DEED IN LIEU OF FORCLOSURE
“To see if the Town will vote to accept under M.G.L. Chapter 60, section 77C a deed in lieu of foreclosure of the properties described as 11,600 square feet more or less, with any buildings thereon, located and known as Roy Road and shown on the Town of Charlton Assessors records as Parcel Identifier 20A-A- 74 and being part of the premises recorded in book 6129 on page 287 in the Worcester Registry of Deeds subject to a tax taking against Andrew R Baglio for unpaid 2011 real estate taxes and any subsequent taxes added thereto, dated June 18, 2012 and recorded with the Worcester Registry of Deeds Book 49300, Page 329; and described as 2,750 square feet more or less, with any buildings thereon, located and known as Roy Road and shown on the Town of Charlton Assessors records as Parcel Identifier 20AA-73 and being part of the premises recorded in book 6129 on page 287 in the Worcester Registry of Deeds subject to a tax taking against Andrew R Baglio for unpaid 2011 real estate taxes and any subsequent taxes added thereto, dated June 18, 2012 and recorded with the Worcester Registry of Deeds in Book 49300, Page 328, or take any other action related thereto or thereon.”
PASSES – BY MAJORITY VOTE

Article 17. ZONING BYLAW- COMMERICAL STORAGE FACILITY
“To see if the Town will amend the Charlton Zoning By-Law by adding to Section 200-3.2 Use Regulations, Subsection (5) Business Uses the following line item
(y): Districts Principal Uses A R-40 R-SE NB V CB I-G BEP (y) Commercial Storage Facilities N N N N N P P N , or take any other action relative thereto or thereon.”
PASSES – WITH 2/3rds MAJORITY

Article 18. ZONING BYLAW- VILLAGE DISTRICT ZONE CHANGE
“To see if the Town will amend the zoning by-law by adding the following two (2) revisions pertaining to the Village District Zone:
VOTE REQUESTED BY TOWN MEETING MEMBERS
128 IN FAVOR TO 32 AGAINST
PASSES – WITH 2/3rds MAJORITY

Article 19. ZONING BYLAW – USE REGULATION- LIVESTOCK CHANGE
“To see if the Town will amend the Charlton Zoning By-Law by revising Section 200-3.2 Use Regulations, Subsection (1) Agricultural, Floriculture, and Horticultural Uses as follows (changes highlighted in bold):

200-3.2 Use Regulations Districts Principal Uses A R-40 R-SE NB V CB I-G BEP (1) Agricultural, Floriculture and Horticultural Uses (a) Raising and keeping of livestock, including but not limited to horses, cattle, sheep, goats, swine, fur animals and poultry, on a parcel over two (2) acres. Y Y Y Y Y Y Y Y (b) Raising and keeping livestock, including but not limited to horses, cattle, sheep, goats, swine, fur animals and poultry, on a parcel of two (2) or fewer acres. P P P P P P N N , or take any other action relative thereto or thereon.
VOTE TAKEN
117 IN FAVOR TO 62 AGAINST
FAILS – WITH LESS THAN 2/3rds MAJORITY

Article 20. CITIZEN PETITION
“To see if the Town will vote to change the following words to Zoning Bylaw 200-3. 4. B (2), from 12 months to 24 months and 24 months to 36 months. The current State Law allows 24 months.”
PASSES – WITH 2/3rds MAJORITY

Article 21. CITIZEN PETITION
“To see if the Town will vote to insert the following words to Zoning 200-3.4 A (2), single and two family, so to read (1) may thereafter be built upon for single and two family residential use, if… This is the current language within Chapter 40A Section 6 of MGL.”
VOTE TAKEN
107 IN FAVOR TO 49 AGAINST
PASSES – WITH 2/3rds MAJORITY

Article 22. CITIZEN PETITION
“To see if the Town will vote to change the definition 200-2.1 B, of Accessory Building. An accessory building is one which is subordinate or incidental to the main use of a building lot, and they shall not be limited in size. The term “accessory building” when used in connection with a farm shall include all structures customarily used for farm purposes and they shall not be limited in size.”
VOTE TAKEN
MOTION TO ELIMINATE THE SECOND SENTENCE AND ADD “ACCESSORY BUILDING ON LOT OF 80,000 SQUARE FEET OR LARGER SHALL NOT BE LIMITED IN SIZE WITH THE EXCEPTION OF CONFORMANCE TO MAXIMUM BUILDING COVERAGE REQUIREMENT”
126 IN FAVOR TO 49 AGAINST
PASSES – WITH 2/3rds MAJORITY

Article 23. CITIZEN PETITION
“To see if the Town will vote to change the definition 200-2.1 B, Accessory Apartment, by striking out the following words, and any additions containing the apartment, in whole or in part, shall not increase the square footage of the original structure of the One Family Dwelling by more than 500 square feet”
MOTION TO POSTPONE ANY ACTION TAKEN INDEFINITELY
MOTION PASSES – UNANIMOUSLY

Article 24. CITIZEN PETITION
“To see if the Town will vote to revise the definition 200-2.1 B, Accessory Apartment, by increasing the maximum size limitation to 1,250 square feet.”
PASSES – WITH 2/3rds MAJORITY

Article 25. CITIZEN PETITION
“To see if the Town will vote to revise the Charlton Zoning Map by re-zoning an approximately 38.61- acre parcel of land owned by Rockaway Realty Trust (Assessors Map 17, Block B, Parcel 13), located easterly of City Depot Road and westerly of J. Davis Road, from its current zoning map district designation of partly-Agricultural (A) Zoning and partly Low-Density Residential (R-40) Zoning to entirely Low-Density Residential (R-40) Zoning District designation. And also to see if the Town will revise the Charlton Zoning Map by re-zoning an approximately 1.85-acre parcel of land owned by Rockaway Realty Trust (Assessors Map 17, Block B, Parcel 20), located easterly of City Depot Road and westerly of J. Davis Road, from its current zoning map district designation of Agricultural (A) Zoning to Low-Density Residential (R-40) Zoning District designation; or take any action relative thereto or thereon”
VOTE TAKEN
94 IN FAVOR TO 110 AGAINST
FAILS – WITH LESS THAN 2/3rds MAJORITY

MEETING ADJOURNS AT 9:37 PM