TOWN OF PEMBROKE, MASSACHUSETTS
ADVISORY COMMITTEE
ANNUAL REPORT
AND RECOMMENDATIONS
2009
ANNUAL TOWN MEETING WARRANT
ATTEND THE ANNUAL TOWN MEETING
TUESDAY, APRIL 28, 2009
7:30 P.M.
PEMBROKE HIGH SCHOOL
LEARNING LANE
PEMBROKE, MA
A BRIEF GUIDE TO PEMBROKE TOWN MEETING PROCEDURES
If you wish to speak:
The proper procedure is to stand at the microphone until the moderator has recognized you or someone else. Wait for the microphone and give your name and address before you proceed. You should not interrupt the speaker except in an extreme case to raise a point of order.
Any person must cease and yield the floor at the moderator’s request. During debate, the speaker is required to address the moderator. Questions may be asked only through the moderator.
Asking Questions about Procedure:
The voter can always ask the moderator about questions of procedure. If the voter is not clear as to what he is voting on, or what the effect of the passage of the pending motion will be, he should ask the moderator for clarification.
Advice on Preparing Motions or Amendments:
The Town Counsel is available for consultation concerning wording and procedure for making motions or amendments from the floor.
Main Motions:
A main motion proposes action under the article of the warrant being considered. Main motions may be made only when no other business is pending. They are the basic motions, and others revolve around them.
Motions to Amend:
A proposal to change the main motion before the meeting is made by a motion to amend. It may itself be amended. The first amendment is called the primary amendment and an amendment to the primary amendment is called the secondary amendment. No further amendments are permitted to keep matters from getting too complicated. (In other words – only three motions are allowed on the floor).
Other Motions and Points of Order:
A motion to adjourn may be made at anytime. Adjournment must be to a scheduled time and place. When all articles in the warrant have been disposed of, a motion to dissolve is in order.
If you wish to terminate debate on a motion and call for an immediate vote, you can “move the previous question”. This motion is not debatable and requires a two-thirds vote.
A Point of Order is a question. On a point of order a voter may raise one or more of the following questions and no others:
Is the speaker entitled to the floor?
Is what the speaker is saying or proposing indecorous, frivolous, irrelevant, illegal or contrary to proper procedure?
Is pending action frivolous, irrelevant, illegal or contrary to proper procedure?
SUMMARY OF MOTIONS
Name of Motion
Main Motions Debatable Votes Required
1. Motion to take action under article yes Majority or 2/3rds
as may be required
2. Motion to take up articles out of order yes 4/5ths
3. Motion to reconsider an article acted yes majority
upon and disposed of
4. Motion to Indefinitely Postpone yes majority
Subsidiary Motions
1. Previous question (which ends debate) no 2/3rds
2. Motion to amend main motion yes majority
Privileged Motions
1. To adjourn to a fixed time or recess no majority
2. Question the quorum of 150 no no vote
4. Fix time to (or at) which to adjourn yes majority
REPORT OF THE ADVISORY COMMITTEE
As cutbacks loom, every place where we can save becomes extremely important, and we will continue to work to bring the best services for the best cost for the town
Respectfully submitted,
Stephen Curley, Chairman, Matthew McNeily, Clerk, Anne Marie Stanton, Mary Dio, Linda Peterson, Lewis Stone, Stan Carita, Marie Peeler, and Russell Bullock, members.
Note:
It is with sadness that we report the passing of long time Advisory Committee member Mary Dio. Her presence and participation in the matters before this committee will be missed.
COMMONWEALTH OF MASSACHUSETTS
TOWN OF PEMBROKE
ANNUAL TOWN MEETING WARRANT
TUESDAY, APRIL 28, 2009
PLYMOUTH, ss.
To either of the Constables of the Town of Pembroke in the County aforesaid.
Greeting: In the name of the Commonwealth of Massachusetts, you are hereby required and directed to notify and warn the inhabitants of the Town of Pembroke who are qualified to vote on Town affairs and Elections therein to meet at the
PEMBROKE HIGH SCHOOL
LEARNING LANE, PEMBROKE, MASSACHUSETTS
ON
TUESDAY, THE TWENTY-EIGHTH DAY OF APRIL 2009
AT SEVEN THIRTY O’CLOCK IN THE EVENING
then and there to act on the following articles:
ARTICLES 1 - 27
ARTICLE 1: To hear and act on the reports of the Town Officers and Committees, or take any action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article allows any standing Board or Committee the opportunity to inform the Town of any important developments. All reports for the calendar year 2008 that were submitted by Department and Committee Heads are printed in the Annual Town Report.
ARTICLE 2: To see if the Town will vote to amend schedules A, B and C of the Classification and Compensation By-laws according to the schedules listed below and to raise and appropriate, transfer from available funds, or otherwise provide a sum of money to fund any changes:
SCHEDULE A
CLASSIFICATION OF APPOINTED POSITIONS
ALL DEPARTMENTS
Title Compensation Schedule
Police Chief SA-2
Fire Chief & Forest Warden SA-3
Lieutenant (Fire) Captain (Fire) SA-5
Call Firefighters SA-6
DPW Director SA-7
Treasurer/Collector SA-8
Youth Services Librarian SA-11
Assistant Librarian SA-12
Associate Librarian II SA-13
Associate Librarian I SA-14
Coordinator/Director of Recreation SA-15
Building Inspector/Zoning Agent SA-16
Deputy Fire Chief SA-17
Animal Control Officer SA-18
Executive Assistant SA-19
Lieutenant/Assistant to Police Chief SA-20
Chief Assessor/Appraiser SA-21
Director of Planning & Community Development SA-22
Planning Board Assistant SA-23
Assistant DPW Superintendent SA-24
Library Director SA-27
Health Agent SA-28
Council on Aging Director SA-29
ANNUAL SALARY SCHEDULE A
EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010
MINIMUM 2ND YEAR MAXIMUM
ANNUAL SALARY SCHEDULE B
APPOINTED PART TIME OFFICERS AND EMPLOYEES
ANNUAL SALARY EFFECTIVE
JULY 1, 2009 THROUGH JUNE 30, 2010
SCHEDULE C
FULL TIME/PART TIME HOURLY WAGE SCHEDULE
EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010
Title Compensation Schedule
Matron SC-1
Patrolman - Permanent Intermittent SC-1
Patrolman - Special SC-2
Summer Playground Counselor (Recreation Dept.) SC-3
After School Counselor (Recreation Dept.) SC-3
Basic Recycling Attendant SC-3
Senior Aide – Council on Aging SC-3
Part-time Laborer SC-4
Call Firefighter SC-5
Diver SC-6
Building Committee Assistant (Part-time) SC-8
Custodian SC-9
Election Workers, Census Workers and Board of Registrars SC-10
Senior Clerk SC-11
Junior Clerk SC-12
Typist - part-time SC-13
Council on Aging Drivers SC-13
Maintenance Person (Part-time) SC-13
Library Aide SC-14
Lifeguard SC-15
Water Safety/Lifeguard Training Instructor SC-16
Director/Water Safety Instructor SC-17
Head Life Guard/Water Safety Instructor SC-18
Extra Help – Assessors Measurer SC-19
Summer Head Counselor (Recreation Dept.) SC-19
After School Head Counselor (Recreation Dept.) SC-19
Extra Help – Assessors Lister SC-20
Water Safety Instructor Aide SC-21
Alternate Building Inspector SC-22
Program Instructor SC-23*
Library Page SC-24
Recycling Attendant SC-25
Zoning Board Assistant SC-27
Recycling Supervisor SC-28
Principal Clerk SC-29
Senior Aide – Council on Aging SC-29
Assistant to the Conservation Commission SC-30
*SC 23 is a flexible rate based on approval by the Wage & Personnel Board (Art #37 ATM 4/01)
SCHEDULE C
FULL TIME/PART TIME HOURLY WAGE SCHEDULE
EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010
SC Minimum 2nd Year Maximum
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION:
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article allows the Town to set the salaries and wages of Town employees that are not employed under the conditions of a collective bargaining agreement or employed by the School Committee. It is generally the vehicle used to grant cost of living increases and may be amended from time to time either within this article or through a separate Town Meeting action.
ARTICLE 3: To see what sums the Town will raise by taxation or otherwise to pay Town Debts and charges for the ensuing fiscal year and to fix the salary and compensation of all elective officers and employees of the Town, as provided by Section 108 and 108A of Chapter 41, Mass. General Laws, and applicable amendments thereto, and appropriate the same, or take any action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article presents the Fiscal Year 2010 operating budget as prepared by the Town Administrator. Included in the article are the department’s requests and the Advisory Committee recommendations.
ARTICLE 4: To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue of the fiscal year beginning July 1, 2009, in accordance with the provisions of the General Laws, Chapter 44, Section 4, and to issue a note or notes as may be given for a period of less than one year in accordance with General Laws, Chapter 44, Section 17, or take any action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: State law requires Town Meeting approval to authorize the Treasurer, with the approval of the Selectmen, to borrow money during the course of the fiscal year. This article allows the Town to issue short-term notes to meet its cash flow needs.
ARTICLE 5: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be added to the Stabilization Fund, or take any action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article authorizes the Town Meeting to set aside a sum of money to be placed into the Town's Stabilization Fund to be used for future purposes. Requires 2/3 majority vote.
ARTICLE 6: To see if the Town will vote to authorize the Board of Selectmen to make application for and to accept federal or state grants for assistance pertaining to community development projects or programs, or take any action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article authorizes the Selectmen to apply for and to accept any federal or state grants on behalf of the Town.
ARTICLE 7: To see if the Town will vote to authorize the Board of Selectmen to enter into contracts with Massachusetts Highway Department for the construction and maintenance of public highways for the ensuing year, or take any action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article allows the Selectmen to contract with the State for improvements to public roads within the Town.
ARTICLE 8: To see if the Town will vote to authorize the following revolving accounts pursuant to M.G.L. c. 44, s.53E½ :
|
NO. |
DEPARTMENT |
RECEIPTS |
EXPENDITURES |
|
1 |
Selectmen’s Printing and Advertising |
Hearing fees, sale of printed materials and parking fines not to exceed the cost of tickets |
Advertising hearings, bids and employment; printing by-laws, contracts, regulations and parking tickets, total expenditures not to exceed $10,000 |
|
2 |
Pembroke School Department Building Utilization |
Rents and custodial fees received from school facilities |
Maintenance and repairs of school buildings, facilities wages, custodial overtime, utilities at the Hatch building, total expenditures not to exceed $100,000 |
|
3 |
Zoning Board of Appeals Advertising |
Advertising fees for hearings |
Advertising hearings, total expenditures not to exceed $5,000 |
|
4 |
Police Department Copy Machine |
Sale of photo copies of police reports |
Copy machine equipment and supplies, total expenditures not to exceed $3,500 |
|
5 |
Police Warrant |
Fees for service of warrants |
Labor and materials furnished in the service of warrants, total expenditures not to exceed $2,000 |
|
6 |
Library Fines |
Library fines and lost or damaged books |
Books and non-print materials, total expenditures not to exceed $25,000 |
|
7 |
Town Landing Activities |
Activity fees and contributions |
Upkeep and maintenance of Town Beaches, total expenditures not to exceed $20,000 |
|
8 |
DPW Vehicle Operation and Maintenance |
Fuels used by other departments |
Fuel, oil, maintenance and parts for equipment repair and upgrading, total expenditures not to exceed $200,000 |
|
9 |
Board of Selectmen |
Earth Removal Permits, Deposits/Bonds |
Hiring engineers or surveyors to report to Board of Selectmen – not to exceed $10,000 |
|
10 |
Pembroke Public Schools |
School Bus Fees |
Contracted services and wages for student transportation, total expenditures not to exceed $300,000 |
|
11 |
Pembroke Public Schools |
Tuition and Fees |
Wages, stipends, supplies, and other expenses directly related to the operation of the Pembroke Pre-School Program, Kindergarten Program, Summer Reading Program and/or other tuition based programs – not to exceed $60,000 |
|
12 |
Planning Board |
Fees from the Sale of Zoning Bylaw Books |
Printing of the Zoning Bylaw Books, total expenditures not to exceed $5,000
|
|
13 |
Conservation Commission |
Filing Fees |
For use only for wetlands protection activities, not to exceed $15,000 |
|
14 |
Pembroke School Dept School fees and revenue |
Fines, Fees, Deposits, Contributions, and Other Revenues received by individual school administrators in the ordinary course of school administration which do not fall within the statutory scope of Athletic/Extra-Curricular Revolving accounts, and/or student activity accounts. |
Incidental school level expenses necessary to further the educational interests of the students, total expenditures not to exceed $100,000 |
|
15. |
Affordable Housing Committee |
Fees and Gifts |
Expenses related to providing affordable housing to Pembroke residents – Not to exceed $50,000 |
|
16. |
Conservation Commission |
Local Filing Fees Donations Fines |
Salaries, Workshops, Conferences, Dues, Property Maintenance Not to exceed $14,000 per year |
|
17. |
Treasurer/Collector |
Tax Title Legal Fees |
Tax Title legal costs $2,000 |
|
18. |
DPW – Cemetery |
Fees charged |
To pay overtime from weekend burials and to pay for foundation. Total expenditures not to exceed $7,000 |
|
19 |
DPW - Tree |
Sale of Firewood Fees charged |
To replace equipment and beautification to supply trees, shrubs, flowers, mulch, etc. for all public areas in town, total expenditures not to exceed $20,000 |
|
20 |
Conservation Commission/ Town Forest Committee |
Fees from logging in Town Forests |
Total expenditures not to exceed $20,000 |
or take any action relative thereto.
Submitted by Board of Selectmen, D.P.W., Board of Health, Historical Commission, Town Landing Committee, Library Trustees, Police Dept., Zoning Board of Appeals, Pembroke School Dept., Planning Board, Conservation Commission, Affordable Housing Committee
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: This article will allow the above listed departments to retain certain revenues and use these receipts in support of the programs for which the fee was charged.
ARTICLE 9: To see if the Town will vote to accept, for all boards, committees or commissions holding adjudicatory hearings in the Town, the provisions of G.L. c.39, §23D, which provide that a member of a board, committee, or commission holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to the member’s absence from one session of such hearing, provided that certain conditions are met, or take any other action relative thereto.
Submitted by the Pembroke Planning Board
ADVISORY RECOMMENDATION: Favorable Action
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: This relates to the so-called “Mullin’s Rule” and it is intended to allow a board member who was not present at a session of a public hearing, to be able to listen to the tape or view a taped video of that hearing and then be qualified to vote on the matter before the board.
ARTICLE 10 : To see if the Town will vote to raise and appropriate, and/or transfer from available funds, the sum of $____________ for State Aid construction of public highways and other accepted local roads of Pembroke in accordance with the provision of Section 34, M.G.L. Ch. 90 and any other applicable statute, said sum to be expended in FY’2010-2011 in conjunction with the available State Funds, and further to authorize the Town Treasurer to meet said appropriation whether by taxation, transfer, borrowing or otherwise, or take any action relative thereto.
Submitted by the DPW Commissioners
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This is a routine article. The purpose of this article is to request the Town Meeting to authorize the Town Treasurer to borrow funds in anticipation of reimbursement from the Massachusetts Highway Department from the Chapter 90 Program.
ARTICLE 11: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation authorizing the Town to create a special account to be known as the Town’s Capital Fund account and to which the net revenues from passport applications shall be credited annually and to which the Town may also appropriate funds, or take any other action relative thereto.
Submitted by the Pembroke Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: This article is intended to designate specific revenue tor the Capital Fund Account.
ARTICLE 12: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation authorizing the town to create a special account to be known as the Town’s Capital Fund account and to which the revenues from cell towers, antennas or the like located on town-owned property shall be credited annually and to which the Town may also appropriate funds, or take any other action relative thereto.
ADVISORY COMMITTEE RECOMMENDATION: Indefinite Postponement
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: This article is intended to designate specific revenue tor the Capital Fund Account.
ARTICLE 13: To see if the Town will vote to amend the Bylaws of the Town of Pembroke, Article XXIV, Rules and Regulations Governing the Use of Lakes, Ponds and Landings in the Town of Pembroke, by adding a new Rule 25 regulating the use of piers, floats, rafts and moorings within the Town, and amending the section governing violations of the Bylaw, or take any other action in relation thereto.
Submitted by the Pembroke Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION: Indefinite Postponement
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: Please refer to handout for full text. This bylaw is proposed to help clean up the ponds of nuisance and neglected docks and to help protect the ponds. It will also help to protect the safety of pond users and residents from the dangers of floating debris.
ARTICLE 14: To see if the Town will vote to amend Article 8 of the April 2009 Annual Town Meeting by adding the following revolving fund:
Department Receipts Expenditures
Council on Aging GATRA reimbursements Expenses related to providing
Transportation to Pembroke residents. Not to exceed $25,000
Submitted by the Council on Aging
ADVISORY RECOMMENDATION:
SELECTMEN’S RECOMMENDATION:
EXPLANATION: If Article #3 is passed favorably at the Special Town Meeting, this article will insure that the revolving account will be added to the list of revolving accounts in Article 8 on this April 28, 2009 Annual Town Meeting Warrant.
ARTICLE 15: To see if the Town will vote to appropriate or reserve from the Community Preservation Annual Revenues in the amounts recommended by the Community Preservation Committee for committee administrative expenses, community preservation projects and other expenses in fiscal year 2010, with each item to be considered a separate appropriation:
Appropriations:
From FY 2010 estimated revenues for Committee Administrative Expenses (5%) $12,800
Reserves:
From FY 2010 estimated revenues for Historic Resources Reserve (10%) $ 27,000
From FY 2010 estimated revenues for Community Housing Reserve (10%) 27,000
From FY 2010 estimated revenues for Open Space Reserves (10%) 27,000
From FY 2010 estimated revenues for Budgeted Reserve 175,500
Or take any other action thereon.
Submitted by the Community Preservation Committee
SELECTMEN RECOMMENDATION: Favorable Action
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
EXPLANATION: This article satisfies a mandate by the State in the Community Preservation Act. It is stated in the act that each year the Town must reserve a minimum of 10% for each category of funding of the projected combined income from our 1% surcharge and funding from the State.
ARTICLE 16: To see if the Town will vote to raise and appropriate and/or transfer from available funds, the sum of $12,660.00, or any other sum, to be expended under the direction of the Board of Selectmen and managed by the Pembroke Watershed Association, for the purposes of algae management on Oldham Pond as part of the Associations’ Water Quality Initiative, or take any action thereon.
Submitted by Petition of the Pembroke Watershed Association and Others
SELECTMEN RECOMMENDATION: Favorable Action
ADVISORY COMMITTEE RECOMMENDATION: Favorable Action
EXPLANATION: Water quality monitoring, including chemical analysis, algae and weed monitoring and identification, and water clarity has been conducted by the PWA since its inception in 2005. Oldham Pond has exhibited significant deterioration in that time. Blue green algae blooms, potentially toxic to humans and animals have increasingly been observed on the ponds throughout the summer and fall. Chemical treatment will reduce the algae blooms, render the water safe for recreational use, and will be safe for fish and birds. The PWA seeks funding for the permitting process, fees, and chemical applications, and water quality testing. The PWA will also seek funding from the Town of Hanson.
2009 Estimated Budget for Oldham Pond Algae Treatment Program
Management Task Estimated Cost
ALGAE MONITORING
-Algae sample analysis (species ID & count by
Enumeration) 16 total samples @ $85/sample $1,360
-Toxic algae testing (1 sample – bloom condition) $ 500
-Year-End reporting (
site inspections, Review/interpretation,Project oversight, and final reporting)
$3,100ALGAECIDE TREATMENTS
(2) Copper sulfate algaecide treatments $7,700
(
inclusive of all treatment labor, equipment, and materials)(
$3,850/treatment)This cost does not include the cost of obtaining the necessary permits for this work from the Pembroke Conservation Commission and the MA Department of Environmental Protection. These permitting costs are estimated in the range of an additional $3000 - $4000.
ARTICLE 17 : To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $45,000.00 for improvements at the Town’s former landfill, or take any action relative thereto.
Submitted by the Board of Health
ADVISORY RECOMMENDATION:
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: There are approximately 10,000 cubic yards of contaminated Town compost material stockpiled at the Town’s former landfill located at 158 Hobomock Street. Pembroke has no DEP permit to stockpile the compost material at this location. Therefore, the material must be mechanically processed and hauled to adjacent Town owned land, which is site assigned by the DEP, to accept and stockpile this material.
ARTICLE 18 : To see if the Town will vote to borrow and appropriate the sum of $200,000.00 for the purpose of continuing the program of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that in order to meet said appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow the sum of $200,000.00 and issue bonds or notes therefore under G.L.C.111, Sec. 127B1/2 and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property owners, in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the trust and otherwise contract with the trust and the Department of Environmental Protection with respect to such loan and for any Federal or State Aid available for the projects or for the financing thereof; and that the Board of Selectmen or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any action necessary to carry out the projects, or take any action relative thereto.
Submitted by the Board of Health
ADVISORY RECOMMENDATION: Favorable Action
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: Allows the Town residential property owners to obtain a low-interest loan to repair, replace or upgrade their septic systems to Title V compliance.
ARTICLE 19: To see if the Town will vote, pursuant to Massachusetts General Laws (M.G.L.) Chapter 82A, Section 2, to designate the Director of the Department of Public Works and the Building Inspector as the Town’s officers to issue permits for the purpose of creating a trench as that term is defined by M.G.L. Chapter 82A, Section 4 and 520 Code of Massachusetts Regulations (CMR) 14.00, and further to add Article XVI-A, EXCAVATION AND TRENCH SAFETY LAW to the General Bylaws of the Town in the manner described below, or take any action relative thereto:
ARTICLE XVI-A - EXCAVATION AND TRENCH SAFETY LAW
Pursuant to Massachusetts General Laws (M.G.L.) Chapter 82A, Section 2, no excavator shall, except in an emergency, make a trench excavation, in any public way, public property, or privately owned land until a permit is obtained from the Town in one of the following ways:
A) From the Director of the Department of Public Works for any such work which is located within a public or private way or requires a street opening permit within the Town.
B) From the Building Inspector for any such work which is located on public or privately owned property including residential or commercially zoned land within the Town.
C) A blanket permit may be issued by either the Director of the Department of Public Works or Building Inspector for projects deemed to be large and expansive.
For the purposes of this bylaw, a “trench” shall be as defined by M.G.L. Chapter 82A, Section 4 and 520 Code of Massachusetts Regulations (CMR) 14.00.
As the Town’s officers to issue permits under this Section, the Director of the Department of Public Works and Building Inspector will charge fees as follows to cover the cost of administering this bylaw.
Fee Structure:
Permits issued by Building Inspector
Trench permit fee for work done on privately owned land - $25
Blanket permit fee for long term projects - $50
Permits issued by DPW Director
Trench permit fee for work done on public or private ways - $25
Blanket permit fee for long term projects - $50
The fee structure listed above can only be changed with the approval of the Board of Selectmen for the Town of Pembroke. Further, the Town may take reasonable means to secure trenches found unattended, and may recover costs from any applicant, owner and/or contractor whose failure to comply with this section requires the Town to implement safety precautions in order to ensure public safety.
No permit under this section shall be construed as acceptance by the Town of any responsibility for the proper construction or safety precautions required by law for excavation and/or trenching. All such work by any public or private entity shall be in accordance with 29 Code of Federal Regulations (CFR) 1926.650 et.seq., M.G.L. Chapter 82A, Section 4 and 520 Code of Massachusetts Regulations (CMR) 14.00 and all responsibility for compliance shall rest solely with the applicant, owner and/or contractor.
Submitted by the Building Department
ADVISORY RECOMMENDATION: Indefinite Postponement
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: On November 2, 2007, the Department of Public Safety, in conjunction with the Division of Occupational Safety, promulgated regulations that establish standards to prevent unauthorized access to unattended trenches in the Commonwealth. The regulations were written following the enactment of Chapter 82A of the General Laws. Chapter 82A, also referred to as Jackie’s Law, sets forth the required content of the regulations and was passed by the Legislature following the death of 4-year-old Jaclyn Moore, who was buried when an unattended trench collapsed in a private backyard.
ARTICLE 20: To see if the Town will vote to amend the Bylaws of the Town of Pembroke by inserting a new Article XX-A - SEX OFFENDER REGISTRY RESTRICTIONS, to read as follows:
XX-A – SEX OFFENDER REGISTRY RESTRICTIONS
Definitions. For the purpose of this article, the following terms shall have the respective meanings scribed to them:
Adult Criminal Level 3 Sex Offender. A person convicted of a criminal sex offense and designated as a Level 3 sex offender by the Massachusetts Sex Offender Registry Board. The Board has determined that these individuals have a high risk to reoffend and that the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active community notification.
School. A licensed or accredited public or private school or church school that offers instruction in pre-school, including a licensed daycare or other business permitted as a school by the Town of Pembroke, or any of grades K through 12. This definition shall not include private residences in which students are taught by parents or tutors.
GIS. Geographic information system.
Residency Restrictions. It shall be unlawful for any Adult Criminal Level 3 Sex Offender to establish a residence or any other living accommodations within one thousand five hundred (1,500) feet of the property on which any school, day care center, park, or recreational facility open to the public is located. The one thousand five hundred (1,500) feet restriction shall be measured in a straight line from the nearest property line upon which the house, apartment complex, condominium complex, motel, hotel or other residence is located to the property line of the nearest school, day care center, park, or recreational facility. Distances will be taken from the town’s GIS system and GIS services to the town shall be presumed accurate and shall be evidence of a violation.
Established Residents. Changes to property resulting in a school, day care center, park, or recreational facility within one thousand five hundred (1,500) feet of an Adult Criminal Level 3 Sex Offender’s registered address which occur after an Adult Criminal Level 3 Sex Offender establishes residency shall not form the basis for finding that a criminal sex offender is in violation of Section XX-A of the Pembroke Town Bylaws.
Notice to Move. Level 3 registered Sex Offenders who reside on a permanent or temporary basis within one thousand five hundred (1,500) feet of any school, day care center, park, or recreational facility following passage of this bylaw, shall be in violation of this section and shall, within thirty (30) days of receipt of written notice of the Registered Sex Offender’s noncompliance with this section of the bylaws, move from said location to a new location, but said new location may not be within one thousand five hundred (1,500) feet of any school, day care center, park, or recreational facility. The first day following the thirty day (30) written notice shall be considered the first violation. Following the first violation, every day that the Registered Sex Offender continues to reside within one thousand five hundred (1,500) feet of any school, day care center, park, or recreational facility shall be considered a violation each day.
Penalties. The following penalties will be imposed by the Town of Pembroke:
First Offense by Registered Sex Offender: Non-criminal fine of $150.00
Subsequent Offense by Registered Sex Offender: Non-criminal fine of $300.00 and notification to offender’s parole officer and/or probation officer, and the Commonwealth’s Sex Offender Registry Board that the Sex Offender has violated a municipal bylaw.
This Bylaw expressly does not repeal or otherwise affect any other provisions of the Bylaws of the Town of Pembroke, Massachusetts.
Or take any other action relative thereto.
Submitted by Petition of Cheryl Girard and Others
ADVISORY RECOMMENDATION: Indefinite Postponement
(Advisory Committee cannot identify the areas where level 3 sex offenders cannot live. Committee is awaiting Police Dept. plan showing areas to be restricted.)
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: The purpose of suggesting this proposed addition to the town bylaws is to bar high risk sex offenders from residing within 1,500 feet of a school playground, licensed day care center, and-or recreation facility.
ARTICLE 21: To see if the Town of Pembroke will vote to approve a sum of money to be transferred to the town of Pembroke’s 300th Anniversary Committee, under the direction of the Board of Selectmen, to offset the costs to be incurred for the Anniversary Committee to begin the planning for the town’s 2012 year’s activities, or take any other action relative thereto.
Submitted by Petition of Margaret Neil and Others
ADVISORY RECOMMENDATION: Favorable Action
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: This article seeks to appropriate $5,000.00 so that the committee can begin to plan for the celebration of the town’s 300th anniversary.
ARTICLE 22 : To ask the Town of Pembroke to vote to raise and appropriate and/or transfer from available funds, the sum of $3,500 to contract with South Shore Women’s Resource Center for domestic violence intervention and prevention services for its residents, or take any other action relative thereto.
Submitted by Petition of Carolyn F. Bell and Others
ADVISORY RECOMMENDATION: Indefinite Postponement
(Funding for this article is included in the proposed budget)
SELECTMEN’S RECOMMENDATION: Town Meeting Floor
EXPLANATION: This article was submitted by petition and therefore was required to be printed even though funding is included in the proposed budget.
ARTICLE 23: To ask the Town of Pembroke to delete Section 12 of Article IV from the Town Bylaws that reads as follows:
“Whenever a vacancy exists in any appointive Town office or employee position for which a salary or wage is paid, the vacancy will be advertised at least twice in local newspapers of general circulation and applications to fill such vacancy will be accepted by the appointing authority for at least ten days following the publication of the second notice of vacancy. This by-law shall not apply to employees covered under Civil Service. The appointing authority of a vacant office or position may make a temporary or interim appointment to fill such vacancy until such time as a permanent appointment is made after compliance with this section”, or take any action thereto.
Submitted by Petition of Janet Fahey and Others
ADVISORY RECOMMENDATION: Indefinite Postponement
SELECTMEN’S RECOMMENDATION: Indefinite Postponement
EXPLANATION: Provisions currently exist in Union Contract to address vacancies. This by-law seems to run contrary to the current contracts and will simplify the process and alleviate unnecessary costs to the Town.
ARTICLE 24: To see if the Town will vote to transfer $1,829.56 from Article 7 (Town Green Ramp) of the 2006 Special Town Meeting to the Recreation Department Community Center for the purpose of putting a new roof on and refurbishing the Harry Woods Memorial Town Green Bandstand, or take any other action relative thereto.
Submitted by Petition of Robert F. DeMarzo and Others
ADVISORY RECOMMENDATION: Favorable Action
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: In 2006, the town allotted money to install a handicap ramp to access the town green. With the funds leftover from that allotment, we could repair the roof of the bandstand before the commencement of the town’s anniversary celebration.
ARTICLE 25 : To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of $2,500.00 to send out postcards to every household in the Town of Pembroke to change the voting location to Pembroke High School,
or take any other action relative thereto.
Submitted by Mary Ann Smith, Town Clerk
ADVISORY RECOMMENDATION: Town Meeting Floor
SELECTMEN’S RECOMMENDATION: Favorable Action
EXPLANATION: This article is for the printing and mailing of postcards to notify every household in town that there will be a change of their voting location. All precincts will vote at one location, the Pembroke High School.
ARTICLE 26: To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide a sum of money for the purpose of funding any new collective bargaining agreements between the Town and the Pembroke Patrolmen’s Association, Pembroke Permanent Firefighters Association, Council 93, Local 1700 (Town Hall), and Council 93, Local 1700 (Public Works), or take any other action relative thereto.
Submitted by the Board of Selectmen
ADVISORY COMMITTEE RECOMMENDATION:
SELECTMEN RECOMMENDATION: Favorable Action
EXPLANATION: This article allows the Town to fund collective bargaining agreements negotiated between the Board of Selectmen and the listed Town Unions. State law requires Town Meeting approval of funding for the first year of any collective bargaining agreements.
Subsequent Meeting for the
ELECTION OF OFFICERS
to be held on
Saturday, May 2, 2009
Pembroke Town Hall – Veteran’s Hall Precinct 1
Pembroke Community Middle School Precinct 2 & 4
Bryantville Elementary School Auditorium Precinct 3
North Pembroke Elementary School Auditorium Precinct 5
Then and there to act on the following article:
ARTICLE 27: To bring to the Election Officers their vote, all on one ballot, for the following named Officers and Committees, to Wit:
One Moderator for one year; two Selectmen for three years; one Assessor for three years; one Board of Health Member for three years; one Housing Authority Member for five years; two Library Trustees for three years; one Library Trustee for two years; one Planning Board Member for five years; one Constable for three years; two School Committee Members for three year terms; and one D.P.W. Commissioner for three years.
or take any other action relative thereto.
Submitted by the Town Clerk