ANNUAL TOWN MEETING WARRANT

 

TOWN OF HEATH

 

COMMONWEALTH OF MASSACHUSETTS

Franklin, SS.

 

To either of the Constables of the Town of Heath in the County of Franklin, GREETINGS:

 

            In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said town, qualified to vote in elections and in town affairs, to meet for the purpose of electing officials, by ballot, the polls will be opened at twelve o’clock in the afternoon and may be closed at seven o’clock in the evening at Sawyer Hall in Heath on Friday, the Ninth day of May, 2008.

 

TOWN OFFICIALS BALLOT

 

            SELECTMAN                                                             3 YEARS

            MODERATOR                                                            3 YEARS

            BOARD OF ASSESSORS MEMBER                        3 YEARS

            FINANCE COMMITTEE MEMBER                         3 YEARS

            FINANCE COMMITTEE MEMBER                         1 YEAR

            PLANNING BOARD MEMBER                                5 YEARS

            LIBRARY TRUSTEE                                                  3 YEARS

            DOG OFFICER                                                          1 YEAR

            CONSTABLE                                                             1 YEAR

            CONSTABLE                                                             1 YEAR

 

And you are further directed to notify and warn the inhabitants qualified to vote in town affairs to meet at the Heath Elementary School in Heath on Saturday, the Tenth day of May next, at 9:00 o’clock in the morning, then and there to act on the following articles:

 

Article 1:  To hear the reports of the Town Officers and to act thereon.

 

Article 2:  To choose all necessary officers not elected by ballot for the ensuing year.

 

Article 3:  To see if the Town will vote to transfer or raise and appropriate a sum or sums in accordance with the proposed budget to defray the operating expenses of the town for the fiscal year ending June 30, 2009, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 4:  To see if the Town will vote to establish, in accordance with the provisions of MGL c. 44, § 53E ½, a revolving fund for the Senior Center to deposit receipts received from donations or generated by Senior Center activities and to use the deposits to pay for costs associated with the normal operations of the Senior Center.  Said sum not to exceed $1,000.00 in FY 2009. Said funds to be expended by the Senior Center Coordinator or the Board of Selectmen, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 5:  To see if the Town will vote to establish one revolving fund in accordance with the provisions of MGL c.44, § 53E ½, for the Conservation Commission, Planning Board and the Zoning Board of Appeals to deposit receipts received as application fees for hearings related to conservation commission, planning and zoning issues, and to use the deposited receipts to pay for costs associated with the hearings.  Expenditures from the fund will be limited to $1,000.00 during the next fiscal year beginning July 1, 2008 and ending June 30, 2009.  Said funds to be expended by the Conservation Commission, Planning Board, Zoning Board of Appeals, or the Board of Selectmen. The fund is subject to reauthorization at each subsequent annual town meeting with the balance in the account transferring to the general fund revenues if not reauthorized, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 6:  To see if the Town will vote to establish, in accordance with the provisions of MGL c.44, § 53E ½, a revolving fund for the dog officer for the purpose of depositing receipts and fines received in connection with the regulation and control of dogs by the dog officer for the purpose of paying costs and expenses related thereto.  Said sum not to exceed $2,000.00 in FY 2009. Said amount to be expended at the direction of the Dog Officer or the Board of Selectmen, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 7:  To see if the Town will vote to appropriate $388.38 from the County Dog Fund for the use of the Heath Free Public Library, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 8:  To see if the Town will vote to withdraw from the Franklin County Dog Licensing Program effective January 1, 2009.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

Article 9: To see if the Town will vote to accept the provisions of G.L. c.140, §147A which provide that all money received from dog licenses or recovered as fines under any dog bylaw be paid into the treasury of the Town, and further, to amend the General Bylaws of the Town: Dog Bylaws, Sections 1(a) and (b), 3(a) and (b), and 4(b), as set forth below, with bolded and underlined text to be inserted and strike-through text to be deleted, or take any action related thereto.

Sec. 1. Licensing: The owner or keeper of a dog kept within the Town of Heath shall cause the dog to be licensed individually or pursuant to a kennel license as provided in this Bylaw when the dog attains the age of six (6) months and annually thereafter.

 

a.         The annual fee for individual licenses shall be set for the following categories:

i.                     Unspayed females or males not neutered

ii.                   Dogs neutered or spayed, males not neutered

 

b.         The annual kennel licenses fees shall be set for the following categories:

NOTE: Issuance of a kennel license does not indicate approval by the Planning Board for operation of a kennel.

i.                     4 dogs or less—Owners of fewer than four dogs may obtain a kennel license in lieu of licensing those dogs individually.

ii.                   5 to 10 dogs

iii.                  More than 10 dogs

 

Section 3: Fee Schedule

a.         Licenses

i.                     $10.00 Unspayed females or males not neutered

ii.                   $5.00 Spayed or neutered dogs, males not neutered

iii.                  Kennel Fees:

$10.00 4 dogs or less

$25.00 5 to 10 dogs

$50.00 10 or more dogs

iii.         Late license fee $25 per dog

 

Section 4:Enforcement and Penalties

            b. Whoever violates any provision of these Regulations may be penalized by a noncriminal disposition process as provided in G.L.c. 40, s.21D. If noncriminal disposition is elected, then any person who violates any provision of this By-Law shall be subject to a penalty in the amount of fifty dollars ($50.00) for each offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.

Submitted by the Town Clerk

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 10:  To see if the Town will vote to raise and appropriate the sum of $250,464.00 for the Elementary School Construction Debt Payment, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 11:  To see if the Town will vote to raise and appropriate a sum of money under the provisions of MGL c.90 to be expended for roadway improvements and to authorize the Board of Selectmen to enter into a contract with Massachusetts Highway Department for such purposes, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 12:  To see if the Town will vote to transfer $50,000.00 from Free Cash to the General Fund to reduce taxes in Fiscal Year 2009, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 13:  To see if the Town will vote to raise and appropriate the sum of $711,777.00 to be used for payment of the Mohawk Trail Regional School District Operating Assessment, or take any other action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 14:  To see if the Town will vote to raise and appropriate the sum of $19,479.00 to be used for payment of the Mohawk Trail Regional School District Capital Assessment, or take any other action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 15:  To see if the Town will vote to raise and appropriate the sum of $61,663.00 to be used for payment of the Franklin County Technical School Operating Assessment, or take any other action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 16:  To see if the Town will allow the Franklin County Technical School to establish a stabilization fund in accordance with MGL c 71, § 16G1/2, or take any other action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 17:  To see if the Town will allow the Franklin County Technical School to transfer funds from the school district’s Capital Assessment Fund to its stabilization fund, in accordance with MGL c 71, §16G1/2, for the purpose of remodeling and making extraordinary repairs to the school district’s facilities and grounds, or take any other action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 18: To see if the Town will vote to approve the appointment by the Board of Assessors of one of its members to a part-time clerk position under its supervision in accordance with MGL c. 268A, § 21A, and to set the salary for that position at $4,992.00 in accordance with the provisions of MGL c. 41, §4A,or take any action related thereto.

Submitted by the Board of Assessors

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 19: To see if the Town will vote to approve the appointment by the Board of Health of one of its members to the position of clerk of the Board of Health under the supervision of the Board of Health in accordance with the provisions of MGL c. 268A, § 21A, and to set the salary for that position at $3,000.00 in accordance with the provisions of MGL c. 41, § 4A, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 20: To see if the Town will vote to amend the Heath Protective Zoning Bylaws, by adding

section 6.5  MOBILE HOMES, ALSO, KNOWN AS MANUFACTURED HOUSING as on file in substantial form with the Town Clerk, or take any action related thereto.

Submitted by the Planning Board  (quantum of vote: two/thirds)

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 21: To see if the Town will vote to amend the Heath Protective Zoning Bylaws as follows:

            (a)        by amending the Use Regulations Schedule, Section 4.2, by adding the words “also                   known as Manufactured Housing” after the words “Mobile Home” in the Residential                     Use section;

            (b)        by amending the Use Regulations Schedule, Section 4.2, by changing the use                            regulation of Mobile Homes in District A from Y to SP and District B from N to SP;

            (c)        by amending Definitions, Section 4.4.3, regarding Manufactured Home; and Section                  4.10.2 regarding Mobile Homes;

            (d)        by amending the Camper/Trailer Regulations, Section 4.10.3, by adding “2. Property                 owners with permanent dwellings or mobile homes are allowed to have a                                          Camper/Trailer on their property for temporary occupancy for no more than two weeks                    per calendar year and in accordance with the Heath Board of Health Regulations.”              Under Section F. District B:.

            (e)        by amending Definitions, Section 9, regarding Mobile Home or Trailer and Structure;

 

as shown in bold type on the handout provided at the Town Meeting and as on file in substantial form with the Town Clerk, or take any action related thereto.

Submitted by the Planning Board (quantum of vote: two/thirds)

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 22: To see if the Town will vote to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow up to $85,000 for the purchase of a new Highway Department truck, or take any action related thereto.

Recommended by the Board of Selectmen

Recommended by the Finance Committee

 

Article 23:  To see if the Town will vote to accept and approve the petitioned resolution regarding the licensing and decommissioning of the Vermont Yankee nuclear power plant, as written below, or take any action related thereto.

 

WHEREAS the Town of Heath lies approximately 16 miles southwest of the Entergy Nuclear corporations Vermont Yankee nuclear power rector in Vernon, Vermont;

 

WHEREAS the residents of Heath and other neighboring towns have an inalienable right to have their voices heard regarding possible threats to the health, safety, and general well-being of themselves, their property, and the surrounding environment arising from the continued operation of the Vermont Yankee reactor; and,

 

WHEREAS the people of Heath, and people everywhere, want a safe, renewable, and affordable energy supply for themselves and future generations;

 

THEREFORE, we the citizens of Heath call for:

 

1. The rejection of Entergy Nuclear’s application to re-license the Vermont Yankee reactor for an additional 20 years beyond the scheduled expiration of its current 40-year license in March of 2012;

 

2. The decommissioning of the Vermont Yankee reactor on or before its license expiration date in March of 2012, to be followed by immediate efforts to decontaminate the reactor site, employing current workers at full pay and utilizing the safest and most effective technologies available;

 

3. The development and implementation of strategies for full re-employment of displaced workers after decontamination operations have been completed; and

 

4. Immediate efforts on the part of individuals, businesses, municipalities, and state governments to replace the electricity now provided by the Vermont Yankee reactor with a combination of energy conservation and efficiency measures and sustainable sources of power that are safe, renewable, and affordable, and that provide safe jobs at livable wages.

 

We further direct the Heath Town Clerk, upon passage of this resolution, to send copies to Heath’s state representative, state senator, congressional representative, U.S. senators, the governor of Massachusetts, and the Vermont Senate, House of Representatives, and Governor, with an accompanying cover letter stating that this resolution was passed on May 10, 2008, by the residents of Heath at their Annual Town Meeting.

Submitted by Citizen Petition

Not with the purview of the Board of Selectmen

Not within the purview of  the Finance Committee

 

Article 24:  To see if there is any other business for discussion to come before the Town Meeting, or take any action related thereto.

Submitted by the Board of Selectmen