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Draft Motions for the ATM 2004 and STM, April 28, 2004
Annual Town Meeting 2004
Article
Draft Motion (Subject to Change)
Preliminary Motion
MOVED: That the Articles in the Warrant be considered in the following order:
1, 2, 9, 23, 24, 25, 31, 32, 33, 5, 6, 7, 8, 10, 11, 12, 13, 16, 22, 17, 4, 3, 18, 19, 20, 21, 26, 27, 28, 29, 35, 30, 34, 14, 15.
Article 2: Authorization to Represent Town's Legal Interests
MOVED: That the Board of Selectmen be, and it hereby is, authorized to bring and defend actions for and against the Town, to submit any such claims to arbitration, and to enter into settlement on account of the same in behalf of the Town as and when it deems it for the best interest of the Town so to do; said power shall be vested solely in the Board of Selectmen.
Article 3: Authorization to Transfer Balances
MOVED: That the sum of $1,302,076.48 is to be transferred as follows in order to meet said expenses for the Town of Belmont which are appropriated under Articles 4, 5, 6, and 7:

$380,000 from fund balance in Abatement and Exemption Surplus Account to Program 080, Assessing Service and to Program 099, Retirement and Insurance

$249,400 from Belmont Municipal Light Dept. to Debt Service Program 700 and 710 Maturing Debt and Interest on Debt

$410,000 from Unreserved Fund Balance (formerly referred to as Free Cash) to Program 099 Retirement and Insurance

$20,000 from Cemetery Perpetual Care Income for Program 350, Cemetery Maintenance

$100,000 from FY2005 Sewer Enterprise to General Government - Indirect costs

$100,000 from FY2005 Water Enterprise to General Government - Indirect costs

$7,676.48 from fund balance in Premium on Sale of Bonds

$35,000 from Fund Balance in Parking Meter to Program 135, Police Traffic Management

In addition, that the entire revenue derived from the sale of electricity to private customers, municipal department, including the cost of street lighting and from jobbing during the 12 months beginning January 1, 2004 be allocated and appropriated for the operating expenses of the Municipal Light Department including out-of-state travel, all said appropriations and payments to be expended under the direction of the Municipal Light Board and that the Town Accountant is hereby authorized to make such transfer on the books of the Town.
Article 4: FY 2005 Budget Appropriation
MOVED: That under General Government, Items 010 to 099, the sum of $3,187,046 having already been appropriated under special warrant articles, the sum of $5,060,661 appropriated, to be raised by General Tax.

MOVED: That under Public Safety Items 110 through 195, the sum of $9,159,561 be appropriated to be raised by General Tax.

MOVED: That under Belmont Public Schools, Item 200, the sum of $30,923,766 be appropriated, to be raised by General Tax.

MOVED: That under Minuteman Regional School, Item 205, the sum of $563,063 be appropriated, to be raised by General Tax.

MOVED: That under Public Services, Items 302 through 366, the sum of $269,042, having already been appropriated under a special warrant article for Chapter 90, and sum of $5,882,576 having already appropriated under a special Article for Sewer Enterprise, and the sum of $3,802,258 having already been appropriated under a special article for Water Enterprise and $6,855,034 to be raised by General Tax.

MOVED: That under Human Services, Items 520 to 570, the sum of $845,431 be appropriated by General Tax.

MOVED: That under Culture and Recreation, Items 610 to 660, the sum of $2,132,465 be appropriated, to be raised by General Tax.

MOVED: That under Debt and Interest on Debt, Items 700 to 710, the sum of $4,850,474 be appropriated by General Tax.

MOVED: That under Capital Expenditure Items 797 to 798, the sum of $2,208,950 having already been appropriated under special warrant articles, no additional action is necessary under this article.
Article 5: Salaries of Elected Officials
Reworded slightly, but not substantively to fit web format:
MOVED: That there be appropriated and paid to the elected officers of the Town as salaries for the financial year commencing July 1, 2004 the amount set opposite the name of each as follows:
Moderator $200
Selectmen
Chairman $5,000
2 members each $4,500
Town Clerk $70,326
Town Treasurer $70,980
Assessors:
Chairman $2,750
1 member $2,420
1 member $2,200
Total: $162,876
and that the sum of $162,876 be raised by General Tax; and that in consideration of the salaries determined as aforesaid or, in case of appointive officers as determined by the Selectmen, all fees which have heretofore been paid by statute to the Town Clerk, Treasurer, Tax Collector, and any other officers, shall be paid by them upon their receipt into the Town Treasury.
Article 6: Non-Contributory Pensions
MOVED: That there be, and hereby is, appropriated the sum of $60,000 to provide non-contributory pensions for eligible employees of any and all of the Town Departments as provided in the applicable sections of Chapter 32 of the General Laws as may be determined from time to time by the Retirement Board, said sum to be raised by General Tax and expended under the direction of the Retirement Board.
Article 7: Contributory Pensions
MOVED: That there be, and hereby is, appropriated the sum of $2,964,170 to provide contributory pensions and expenses in connection therewith in accordance with applicable provisions of Chapter 32 of the General Laws, said sum to be raised by General Tax and expended under the direction of the Retirement Board.
Article 8: Appropriation of "Up-Front" Funds for Highway Improvements
MOVED: That there be, and hereby is, appropriated the sum of $269,042 for the repair, improvement and construction of highways within the Town, said sum to be offset by reimbursement from the Commonwealth as provided by Chapter 90 of the General Laws and acts in amendment thereof and in addition thereto, the same to be expended under the direction of the Board of Selectmen.
Article 9: Personnel Policy Guide Revision
MOVED: That Article 9 be dismissed.
Article 10: Position Classification and Compensation Plan
MOVED: That under Article 10 the reading of the amendments to the Position Classification and Compensation Plan as set forth in a document entitled "Proposed Position Classification and Compensation Plan" dated April 26, 2004 be dispensed with, the original having been filed in the Town Clerk's office.

MOVED: That the Town amend the Position Classification and Compensation Plan previously adopted under the provisions of Article 11 of the General By-Laws of the Town by adopting the amendments to the Plan as set forth in a document entitled "Proposed Position Classification and Compensation Plan" dated April 26, 2004 on file in the Town Clerk's office.
Article 11: Appropriation of Capital Expenditures
MOVED: That the sum of $2,208,950 be, and hereby is, appropriated to purchase Public Safety Equipment, Computer Equipment, Public Works Equipment and Furnishings and Equipment for Town Facilities, to construct public ways, and for Building and Facility and Public Works Construction; and for Major Maintenance and Alterations, (including design work) as follows:

Public Safety Equipment
Replace two police cruisers $54,000
Upgrade computer aided E-9-1-1 dispatch system $22,000
Subtotal $76,000

Computer Equipment
Replacements and upgrades to Town/School Network $65,000
Town Computer Replacement Program $60,000
Replace High School and Middle School computer labs and expand Citrix server $81,000
Subtotal $206,000

Departmental Equipment
Replace Animal Control Van $21,000
Replace 1989 Material Spreader and Dump Body $10,000
Replace/Purchase Four(4) Snow Plows $18,400
Replace 15,000 GVW Dump Truck $45,700
Subtotal $95,100

Building and Facility and Public Works Construction
Pavement and sidewalk management program $1,097,350
Roof repair and replacement program $180,000
Facility and life safety repair program $75,000
Repair Joey's Park playground $25,000
Repair front stairs at Memorial Library $148,500
Replace and encase hydraulic elevator cylinder at Memorial Library $40,000
Paint exterior and recaulk windows at Memorial Library $26,000
Convert Burbank School heating source $50,000
Repair window balances for Winn Brook and Burbank Schools $20,000
Replace emergency generator at Belmont High School $70,000
Replace pool filtration system at Belmont High School $100,000
Subtotal $1,831,850

GRAND TOTAL: $2,208,950

said sum to be expended under the direction of the Board of Selectmen, the Library Trustees, and the School Committee as appropriate and that said sum be raised as follows: $2,078,950 by General Tax, and by transfer of $100,000 from the Capital Endowment Fund, and by transfer of $30,000 from the Stabilization Fund, and that the Town Accountant be, and hereby is, authorized to make the transfers on the books of the Town.
Article 12: Appropriation to Stabilization Fund or Capital Endowment Fund
MOVED: That Article 12 be dismissed.
Article 13: Appropriation for Water and Sewer and Stormwater Services
MOVED: That there be, and hereby is, appropriated the sum of $3,802,258 from the accounts classified as "Water Enterprise Fund", pursuant to Chapter 44, Section 53F½ of the General Laws for water service, said sum to be expended under the direction of the Board of Selectmen.

MOVED: That there be, and hereby is, appropriated the sum of $5,882,576 from the accounts classified as "Sewer and Stormwater Enterprise Fund", pursuant to Chapter 44, Section 53F½ of the General Laws for sewer and stormwater service, said sum to be expended under the direction of the Board of Selectmen.
Article 14: Appropriation for Energy Management Improvements
It is the intent of the Board of Selectmen to move to dismiss this article, unless the Town Meeting is continued until a later date.
Article 15: Appropriation for Energy Management Improvements
It is the intent of the Board of Selectmen to move to dismiss this article, unless the Town Meeting is continued until a later date.
Article 16: Appropriation for Expansion of and Improvements to Claflin Street Municipal Parking Lot
MOVED: That there be, and hereby is, appropriated the sum of $216,000 for the design and construction of improvements to and expansion of the Claflin Street Municipal Parking Lot, including an automated parking meter machine, said sum to be raised by transfer from "Special Revenue Fund - Kendall Fire Insurance Reimbursement" account and expended under the direction of the Board of Selectmen.
Article 17: Authorization of Expenditure from Revolving Funds
MOVED: That pursuant to Chapter 44, Section 53E½, of the General Laws, the following Town Departments be, and hereby are, authorized to expend for program expenditures the following sums from revolving funds:
Department/Expenditure
Youth/$10,000
Council on Aging/$15,000
Article 18: Transfer of Control of Waverley Fire Station to the Board of Selectmen
It is the intent of the Board of Selectmen to move to dismiss this article, unless the Town Meeting is continued until a later date.
Article 19: Authorization to Sell or Dispose of Waverley Fire Station Property
It is the intent of the Board of Selectmen to move to dismiss this article, unless the Town Meeting is continued until a later date.
Article 20: Transfer of Control of Woodfall Road Parcel to the Board of Selectmen
MOVED: That, pursuant to Chapter 40, Section 15A of the General Laws, the care, custody, management and control of the real property known as the "Woodfall Road parcel" shown on Assessors' Map 69 as Parcel 44, be, and hereby is, transferred to the Board of Selectmen for the purpose of selling or otherwise disposing of the same.
Article 21: Authorization to Sell or Dispose of Town-Owned Land on Woodfall Road
MOVED: That the Board of Selectmen be, and hereby is, authorized to sell or otherwise dispose of the real property commonly known as the "Woodfall Road parcel" shown on Assessors' Map 69 as Parcel 44, upon such terms and conditions as the Selectmen may determine.
Article 22: Authorization to Discontinue Portion of Claflin St. for Use as Parking Lot
MOVED: That pursuant to Chapter 82, Section 21, of the General Laws, that portion of the public way known as Claflin Street shown on a plan entitled "Plan Showing Discontinued Way Known as Claflin Street, dated April 1, 2004, by Thomas G. Gatzunis, Town Engineer, on file in the Town Clerk's office, be, and hereby is, discontinued.

MOVED: That pursuant to Chapter 40, Section 15A, of the General Laws, the care, custody, management and control of the same portion of Claflin Street discontinued as a public way shown on said plan, be and hereby is transferred to the Board of Selectmen for use as a municipal parking lot and all uses necessary or associated therewith.
Article 23: Authorization to Eliminate Town Counsel Residency from By-Laws
MOVED: That the Town amend Article 4 of the General By-Laws of the Town entitled "Board of Selectmen" by deleting from the first sentence of Section 4.8.1 the phrase

",residing in the Town,".
Article 24: Authorization to Amend Personnel Board General By-Law
MOVED: That under Article 24 the reading of the proposed new Article 11 of the General By-Laws of the Town entitled "Personnel Advisory Board" be dispensed with, the same being set forth in full under Article 24 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.

MOVED: That the Town vote to amend the General By-Laws of the Town by adding a new Article 11, "Personnel Advisory Board" as set forth in full under Article 24 in the Warrant for this Meeting.
Article 25: Authorization to Amend Belmont Alarm By-Law
MOVED: That under Article 25 the reading of the proposed new Article 24 of the General By-Laws of the Town entitled "Alarm By-Law" be dispensed with, the same being set forth in full under Article 25 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.

MOVED: That the Town vote to amend the General By-Laws of the Town by adding a new Article 24, "Alarm By-Law" as set forth in full under Article 25 in the Warrant for this Meeting.
Article 26: Authorization to Amend Zoning By-Laws Related to Floodplain District
MOVED: That under Article 26 the reading of the proposed new Section 6.6 of the Zoning By-Law of the Town entitled "Floodplain District" be dispensed with same being set forth in full under Article 26 in the Warrant for this meeting and having been distributed to each Town Meeting Member.

MOVED: That the Town vote to amend Section 1.4 of the Zoning By-Laws of the Town entitled "Definitions and Abbreviations" by deleting in their entirety the definitions of "Base Flood", "FEMA", "FIRM", and "Floodway", and to amend Section 6.6 of the Zoning By-Laws of the Town entitled "Floodplain District" by deleting in its entirety Section 6.6, and substituting therefor a new Section 6.6 as set forth in full under Article 26 in the Warrant of this Meeting.
Article 27: Authorization to Amend Zoning By-Laws--Non-Conforming Uses
MOVED: That under Article 27 the reading of the proposed new Section 1.5 of the Zoning By-Law of the Town entitled "Non-Conforming Uses and Structures" be dispensed with the same being set forth in full under Article 27 in the Warrant for this Meeting and having been distributed to each Town Meeting Member.

MOVED: That the Town vote to amend Section 1.5 of the Zoning By-Laws of the Town entitled "Nonconformance" by deleting in its entirety Section 1.5 and substituting therefor a new Section 1.5 entitled "Non-Conforming Uses and Structures" as set forth in full under Article 27 in the Warrant for this Meeting.
Article 28: Authorization to Amend Inclusionary Housing Zoning By-Law
MOVED: That the Town vote to amend Section 6.10 of the Zoning By-Laws of the Town entitled "Inclusionary Housing" by including within section 6.10.2 a new subsection 3(c) as follows:
"c. affordable to and occupied by a low or moderate income household, meets the definition of low or moderate income housing at 760 CMR.30.02, and is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory through the Local Initiative Program (LIP).",

and by deleting in its entirety Section 6.6.10.2. 4(a), and substituting therefor the following:
"a. For owners, the aggregate of annual charges for debt service on a mortgage (assuming a 5% down payment), real estate taxes, homeowner's insurance and condominium fees if applicable."
Article 29: Authorization to Amend Zoning By-Laws--Demolition Moratorium
MOVED: To see if the Town will vote to amend Section 6 of the Zoning By-Laws of the Town entitled "Special Regulations" by inserting a new Section 6.11 as follows:
"6.11 Interim Controls - Demolition Moratorium
6.11.1 Purpose
The purpose of the Demolition Moratorium is to provide a temporary period of prohibition on the demolition of detached single-family dwelling units in the Town, where such detached single-family dwelling unit is to be replaced with any residential structure other than a single-family dwelling on the same lot, while the Town engages in planning studies to address the affects of such demolition and construction and recommends long-term regulations consistent with sound land use planning goals and objectives.
6.11.2 Applicability
The provisions of Section 6.11 shall apply to all zoning districts in the Town.
6.11.3 Development Restrictions
For the period established under Section 6.11.4, no demolition permit shall issue for any structure defined as a detached single-family dwelling where such detached single-family dwelling is to be replaced with any residential structure other than a single-family dwelling, nor shall any building permit issue for the construction on the same premises of a residential structure other than a single-family dwelling.
6.11.4 Time Limitation
The provisions of this Section 6.11 shall expire on May 31, 2005; provided, however, that by vote of Town Meeting before said date, they may be extended for an additional period to continue planning studies necessary to promote the establishment of long-term regulations consistent with sound land use planning goals and objectives. In the event that such action is taken by Town Meeting prior to May 31, 2005, these provisions shall not be construed to have lapsed on such date."
Article 30: Authorization to Amedn the Zoning Map--B Street Affordable Housing
MOVED: That the Town vote to amend the Zoning Map of the Town by changing the designation of a portion of the real property known as the Highway Department property shown on Assessors' Map 29 as Parcel 68A and as portions of Parcels 81 and 69, from "General Business (B)" to "General Residence (R)" as shown on a plan entitled "General Residence Rezoning Proposal", dated February 10, 2004, on file in the Town Clerk's office.
Article 31: Town Senior Center Furnishings and Accessories and Operations Fund
MOVED: That the Town vote, pursuant to Chapter 129 of the Acts of 2001, to approve the voluntary check off for the Town Senior Center Furnishings and Accessories and Operations Fund effective as of February 1, 2002.
Article 32: Acceptance of Chapter 32B, Section 18, of the General Laws
MOVED: That the Town vote to accept the provisions of Chapter 32B, Section 18, of the General Laws which require that all retirees, their spouses and dependents who are enrolled in Medicare Part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a Medicare health benefits supplement plan offered by the Town.
Article 33: Home Rule Petition--Authorization to Amend Section 3 of Chapter 302 of the Acts of 1926
MOVED: That the Board of Selectmen be, and hereby is, authorized and directed to petition the General Court for the enactment of a special law in substantially the following form.
"HOME RULE PETITION FOR BELMONT"
"An Act Amending the Representative Town Meeting Act of the Town of Belmont.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 3 of Chapter 302 of the Acts of 1926 is hereby amended by deleting, in the first sentence, the following words: - the town counsel, the chairman of the park commission, and the chairman of the board of water commissioners.
This act shall take effect upon its passage."
Article 34: Rescind 1912 Vote Establishing Building Set Back Lines
MOVED: That the Town vote to rescind the 1912 vote of the Town establishing Building Set Back Lines for the real property identified by the following street addresses and corresponding Assessors' Map and parcel numbers:
Map and Parcel Number / Street Address

14 - 225 / 234-240 Trapelo Road
14 - 1 / 243 Trapelo Road
14 - 226 / 244-248 Trapelo Road
14 - 227A / 250-254 Trapelo Road
14 - 227 / 256 Trapelo Road
14 - 40 / 263 Trapelo Road
14 - 228, 231 / 268-278 Trapelo Road
14 - 235 / 280 Trapelo Road
14 - 236 / 290-292 Trapelo Road
Article 35: Citizen Petition--Moratorium on Demolition of Residential Structures
MOVED: That Article 35 be dismissed.
Special Town Meeting, April 28, 2004
Article
Draft Motion (Subject to Change)
Article 2: Appropriation to Fund the Design and Constrution of Two Fire Stations
MOVED: That there be, and hereby is, appropriated the sum of $11,430,000 to fund the design and construction of two fire stations including the cost of original equipment and furnishing said fire stations, and that to meet this appropriation the Town Treasurer, with the approval of the Board of Selectmen, be, and hereby is, authorized to borrow $11,430,000 and to issue bonds or notes therefor under Chapter 44 of the General Laws.
Article 3: Apropriation of Funds Related to the Oil Release at the Burbank School
MOVED: That there be, and hereby is, appropriated the sum of $1,414,000 to be expended for costs and expenses related to the oil leak at the Burbank School, said sum to be raised by transfer of $362,000 from the accounts classified as "Free Cash", transfer of $100,000 previously appropriated to the Fiscal Year 2004 School Department budget, transfer of $77,979.81 previously appropriated for capital projects:

6970.500, HS Library Redesign, $15,000.00
6971.200, Waverley Fire Station Floor, 22,300
6972.114, School Computer-E Rate, 133.66
6972.115, Fire Station Exhaust System, 944.05
6972.600, BHS Heating/Vent Study, 11,000.00
6973.010, PS Records Management Server, 19.82
6973.030, Replace Fire Pumper, 118.72
6973.040, Citrix Project and Workstations, 945.50
6973.050, Winn Brook School Burner, 153.20
6973.060, Butler School Window Balance, 120.00
6973.120, 3 Front Snowplows, 132.80
6973.200, 10 LAN-Based PC Workstations, 108.76
6973.280, Wellington Brook Grate, 5,000.00
6974.020, Replace Fire Shift Commander Vehicle, 700.00
6974.060, Replace School Truck and Add Plow, 815.00
6974.170, Analysis of Library Steps, 12,000.00
6974.180, Replace SPORT Program Van, 3,237.00
6974.210, Kendall Site Fieldwork, 5,251.30
Total $77,979.81

transfer of $308,000 previously appropriated for employee health care expenses and transfer of $566,020.19 from the accounts held on behalf of the Town by the Northeast Solid Waste Committee, said sum to be expended under the direction of the Board of Selectmen.
Article 4: Appointment of a Facilities Energy Management Project Committee
MOVED: That the Moderator be, and hereby is, authorized to appoint a Facilities Energy Management Project Committee to oversee an energy audit of certain facilities of the Town and to take any action required to implement improvements to several Town owned facilities.
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