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Nov. 19, 2018 Special Town Meeting Warrant
1119warrnt
The Commonwealth of Massachusetts

Worcester, SS.

To either of the Constables of the Town of Rutland in the County of Worcester:

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 at the NAQUAG ELEMENTARY SCHOOL AUDITORIUM at 285 Main St. in said Rutland on Monday, the Nineteenth day of November 2018 at 6:30 PM o’clock in the evening, there and then to vote on the following articles:

ARTICLE 1:  (Sponsor, Board of Selectmen)
           To see if the Town will vote to appropriate a sum of money from Free Cash to the Town’s OPEB Trust Fund, or take any action in relation thereto.

Majority Vote – G.L. c.32B, §20


ARTICLE 2: (Sponsor, Board of Selectmen)
  To see if the Town will vote to appropriate a sum of money from Free Cash to the Town’s Stabilization Fund, or take any action in relation thereto.

Majority Vote – G.L. c.40, §5B


ARTICLE 3: (Sponsor, Board of Selectmen)  
To see if the Town will vote to appropriate a sum of money from Free Cash to the Town’s Capital Stabilization Fund, or take any action in relation thereto.

Majority Vote – G.L. c.40, §5B


ARTICLE 4A: (Sponsor, Board of Selectmen)
To see if the Town will vote to appropriate from available funds, including Free Cash, such sums of money as may be necessary to restore all or a portion of the amounts reduced by the May 12, 2018 Annual Town Meeting under Article 8 to amounts less than that recommended for the expenses of Municipal Departments for the fiscal year beginning July 1, 2018; or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 4B: (Sponsor, Board of Selectmen)
To see if the Town will vote to appropriate from available funds, including Free Cash, such sums of money as may be necessary to add to the amounts appropriated under Article 8 of the May 12, 2018 Annual Town Meeting to defray the expenses of Municipal Departments for the fiscal year beginning July 1, 2018; or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 5:  (Sponsor, Board of Selectmen)
To see if the Town will vote to appropriate from available funds, including Free Cash, the sum of $69,000.00 for the purchase and equip a Holder Tractor for the Highway Department; or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 6:  (Sponsor, Town Treasurer)
To see if the Town will vote to appropriate from available funds, including Free Cash, the sum of $15,000.00 to fund legal and land court fees necessary for the foreclosure of 17 parcels currently in tax title, or such other number of parcels as may be in tax title from time to time, or take any action in relation thereto.

Majority Vote – G.L. c.40,  §5


ARTICLE 7:      (Sponsor, Board of Selectmen)                   
To see if the Town will vote to appropriate from available funds, including Free Cash, the sum of $9,725.00 to replace fencing at the Memorial Playground, including all incidental and related expenses, or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 8:  (Sponsor, Fire Chief)
To see if the Town will vote to appropriate from available funds, including Free Cash, the sum of $5,200.00 for the purchase of a Heat/AC unit for the Public Safety Building, including all incidental and related expenses, or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 9: (Sponsor, Board of Selectmen)
To see if the Town will vote to appropriate from available funds, including Free Cash, the sum of $5,000.00 to upgrade the Town’s website, including all incidental and related expenses, or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 10: (Sponsor, Library Trustees)
To see if the Town will vote to appropriate from available funds, including Free Cash, the sum of $879.00 for the purchase of a fax/scanner/printer for the Library; or take any action in relation thereto.

Majority Vote – G.L. c.40, §5





ARTICLE 11: (Sponsor, Town Clerk)
To see if the Town will vote to appropriate from Free Cash the sum of $500.00 to bind and preserve Town Meeting warrants and minutes, Town Reports and Street Lists, including all incidental and related expenses, or take any action in relation thereto.

Majority Vote – G.L. c.40, §5


ARTICLE 12: (Sponsor, Board of Selectmen)
           To see if the Town will vote to appropriate a sum of money from Water Enterprise Fund Retained Earnings for the following purposes, including all incidental and related expenses:
  • Purchasing and installing closed circuit security cameras at the water treatment facility;
  • Well investigation and water testing at 86 Maple Ave. Rutland, also known as Rutland Heights;
  • Engineering and Design services for water line replacement for the so-called Colario Development located at Edson Ave; Sunnyside Ave; Laurelwood Rd: Inwood Rd; Birchwood Rd and Oakwood Rd.
  • Design and Implementation of a leak detection survey;
  • Complete water pump and motor rebuild;
  • Medium for water filtration;
  • Purchase and equip an enclosed cargo trailer;
  • Purchase and install a water treatment security fence;
  • Replace obsolete processor and necessary components and software;
or take any action in relation thereto.

Majority Vote – G.L. c.40, §5; G.L. c.44, §53F1/2


ARTICLE 13: (Sponsor, Board of Selectmen)
To see if the Town will vote to transfer the sum of $16,436.62  from the amount appropriated under Article 15 of the May 6, 2017 Annual Town Meeting and the sum of $30,017.74 from Article 7 of the May 9, 2015 Special Town meeting for the purpose of paying bills of a prior fiscal year, as follows:

FY 2018 - Massachusetts Department of Conservation and Recreation - $42,340.09
FY 2018 - Massachusetts Water Resources Authority - $4,114.27

or take any action in relation thereto.

Majority Vote – G.L. c.44, §63


ARTICLE 14: (Sponsor, Board of Selectmen)
To see if the Town will vote to authorize the Board of Selectmen to negotiate and enter into a Tax Agreement or Agreements for payments in lieu of taxes (”PILOT”) pursuant to the provisions of G.L. c.59, §38H(b) and G.L. c.164, §1, and any other enabling authority, on such terms and conditions and for such term, up to or in excess of 20 years, as may be negotiated by the Board of Selectmen, for personal and/or real property associated with solar renewable energy generation facilities to be installed and operated on the following:

  • Town-owned property located on Wheeler Road, shown as Parcel 059-A-1 on the Rutland Assessors Maps, and on Central Tree Road, shown as Parcel 059-A-12 on the Rutland Assessors Maps;
  • Public property under the control of the Rutland Development and Industrial Commission located on Maple Avenue, shown as Parcel 041-A-03 and Parcel 041-A-3.01 on the Rutland Assessors Maps;
and to authorize the Board of Selectmen to execute all documents and take all actions necessary to carry out the vote taken hereunder, or take any action in relation thereto.

Majority Vote – G.L. c.59, §38H(b) and G.L. c.164, §1


ARTICLE 15: (Sponsor, Board of Selectmen)
To see if the Town will vote to authorize the Board of Selectmen to lease for recreation purposes approximately eight (8) acres of land located at 65 Glenwood Road, shown as Block A, Lot 15 on Rutland Assessors Map 15, for a term of 10 years with an additional 10 year term with authorization of Town Meeting, and on such other terms and conditions as the Board of Selectmen deem appropriate, and to execute instruments, including leases and notices thereof, and to take such other action as may be necessary to effectuate the purposes of this article, or take any action in relation thereto.
        
Majority Vote – G.L. c.40, §3


ARTICLE 16: (Sponsor, Board of Selectmen)
        To see if the Town will vote to accept as public ways the following streets and/or portions thereof, as laid out by the Board of Selectmen, and shown on the plans referenced below and on file with the Town Clerk, and authorize the Board of Selectmen to acquire, by gift, purchase, and/or eminent domain, the fee to and/or easements in such ways as shown on the referenced plans for all purposes for which public ways are used in the Town of Rutland and any drainage, utility, access and/or other related easements, and, as may be necessary therefor, to raise and appropriate and/or transfer from available funds a sum of money for such purposes:

  • Grizzly Drive: a portion of the roadway located in the Bear Hill Subdivision and shown as “Road ‘C’” on a plan of land entitled “Definitive Plan, Bear Hill, located in Rutland Massachusetts”, datedFebruary5, 2004, prepared by Norman Hill, P.L.S. & P.E. Engineer/Surveyor, recorded with said deeds in Plan Book 825, Plan 6 as altered in a plan entitled “Definitive Plan, Brintnal Estates, Rutland, Massachusetts”, dated September 22, 2006, prepared by James B. Kalloch, P.L.S. & P.E., Engineer/Surveyor, recorded with the Worcester South District Registry of Deeds in Plan Book 866, Plan 60, from its beginning at Station 0+00, at the centerline of Clealand Circle, to its terminus at a point in the Brintnal Estates Subdivision at Station 24+60;
  • Clealand Circle: the roadway located in the Bear Hill Subdivision and shown as “Road ‘A’” on a plan of land entitled “Definitive Plan Bear Hill, located in Rutland, Massachusetts”, dated February 5, 2004, prepared by Norman Hill, P.L.S. & P.E. Engineer/Surveyor, recorded with said Deeds in Plan Book 825, Plan 6, in its entirety (that is, from it beginning at Station 0+00, at the centerline of Vista Circle, a public way, to its terminus in a cul-de-sac at station 26+86.72)
  • Horizon Drive: the roadway located in the Bear Hill Subdivision and shown as “Road ‘B’” on a plan of land entitled “Definitive Plan Bear Hill, located in Rutland, Massachusetts”, dated February 5, 2004, prepared by Norman Hill, P.L.S. & P.E. Engineer/Surveyor, recorded with said Deeds in Plan Book 825, Plan 6, in its entirety (that is, from it beginning
at Station 0+00, at the centerline of Clealand Circle, to its terminus in a cul-de-sac at station 4+47.00)      

  • Arrowhead Way:  a portion of the roadway located in the Bear Hill II Subdivision and shown as “Arrowhead Way” on a plan of land entitled, “Definitive Plan, Bear Hill II, Rutland, Massachusetts”, dated October 17, 2006, prepared by James B. Kalloch, P.L.S. & P.E., recorded with said Deeds in Plan Book 910, Plan 65, from its beginning at Station 17+82.68, at the centerline of Clealand Circle, to a point at Station 14+85.00
        
or, to take any action in relation thereto.

Majority Vote – G.L. c.41, §81Y (where each of the ways listed above are shown on an approved subdivision plan; provided, however, that a  2/3 Vote will be required pursuant to G.L. c.40, §14  if funds are appropriated hereunder)

ARTICLE 17: (Sponsor, Board of Selectmen)
To see if the Town will vote to accept a portion of Glenwood Place as a public way, as laid out by the Board of Selectmen, which portion is shown as “Proposed Extension of Glenwood Place 20,787.78 S.F. 0.48 Acres” on the plan entitled “Street Acceptance Plan, Located on Glenwood Place & Glenwood Place Extension, Rutland, MA 01543”, dated March 28, 2018, prepared by New England Environmental Design, LLC, on file with the Town Clerk, and authorize the Board of Selectmen to acquire, by gift, purchase, and/or eminent domain, the fee to and/or easements in said portion as shown on the referenced plan for all purposes for which public ways are used in the Town of Rutland and any drainage, utility, access, and/or other related easements, and, as may be necessary therefore, to raise and appropriate or transfer from available funds a sum of money for such purposes, or take any other action in relation thereto.

2/3 Vote – G.L. c.41, §81Y (where this way is not shown on an approved subdivision plan; provided, further, that a  2/3 Vote will be required pursuant to G.L. c.40, §14  if funds are appropriated hereunder)


ARTICLE 18: (Sponsor, Board of Selectmen)
To see if the Town will vote to amend the Town of Rutland General Bylaws by adding a new section titled “STORMWATER MANAGEMENT”, all as set forth in a handout entitled “November 19, 2018 Special Town Meeting – Article 18 Stormwater Management By-law”, as on file with the Town Clerk, or take any action in relation thereto.  

Majority vote – G.L. c.40, §21

NOTE: Further information concerning the following five articles all relating to regulation of non-medical marijuana, will be available on the Town website at or at Town Meeting

ARTICLE 19  (Sponsor, Planning Board)
To see if the Town will vote to amend the Town's Zoning Bylaw to prohibit all non-medical marijuana establishments in the Town of Rutland, and for such purposes, to delete the text and title of Article XII, Temporary Moratorium on Recreational Marijuana Establishments, and insert in place thereof a new Article XII, Marijuana Establishments, as follows:


Article XII, Marijuana Establishments
Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical "marijuana establishments" as defined in G.L. c.94G, §1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other type of licensed marijuana-related business, shall be prohibited in the Town of Rutland.

and to authorize the Town Clerk to assign appropriate numbering to this by-law in order that it be in compliance with the numbering format of the Zoning Bylaws, or act in any other manner in relation thereto.

2/3 Vote – G.L. c.40A, §5


ARTICLE 20 (Sponsor, Planning Board)
To see if the Town will vote to amend the Zoning Bylaws to allow non-medical marijuana establishments, with certain types of establishments permitted in certain districts in the Town of Rutland, subject to special permit and site plan review, and for such purposes, to delete the text and title of Article XII, Temporary Moratorium on Recreational Marijuana Establishments, and insert in place thereof a new Article XII, Marijuana Establishments, all as set forth in a handout entitled, “November 19, 2018 Special Town Meeting – Article 20, Regulation of Non-medical Marijuana Establishments”, also on file with the Town Clerk, and to authorize the Town Clerk to assign appropriate numbering to this by-law in order that it be in compliance with the numbering format of the Zoning Bylaws, or act in any other manner in relation thereto.

2/3 Vote – G.L. c.40A, §5


ARTICLE 21 (Sponsor, Planning Board)
To see if the Town will vote to accept the provisions of G.L. c.64N, § 3 to allow a 3% local tax on the sale or transfer of marijuana or marijuana products by a marijuana retailer operating within the Town of Rutland, or act in any other manner in relation thereto.

Majority Vote – G.L. c.64N, §3 and G.L. c.4, §4


ARTICLE 22 (Sponsor, Planning Board)
To see if the Town will vote to amend the Zoning Bylaws to prohibit retail sales of non-medical marijuana and to allow all other types of non-medical marijuana establishments, with certain types of establishments permitted in certain districts in the Town of Rutland, subject to special permit and site plan review, and for such purposes, to delete the text and title of Article XII, Temporary Moratorium on Recreational Marijuana Establishments, and insert in place thereof a new Article XII, Marijuana Establishments, all as set forth in a handout entitled, “November 19, 2018 Special Town Meeting – Article 22, Prohibition of Retail Marijuana Establishments and Regulation of All Other Non-medical Marijuana Establishments”, also on file with the Town Clerk, and to authorize the Town Clerk to assign appropriate numbering to this by-law in order that it be in compliance with the numbering format of the Zoning Bylaws, or act in any other manner in relation thereto.

2/3 Vote – G.L. c.40A, §5




ARTICLE 23: (Sponsor, Planning Board)
To see if the Town will vote to amend the Town's General Bylaws to prohibit all non-medical marijuana establishments in the Town of Rutland by adding a new section entitled, “Marijuana Establishments”, that would provide as follows:

Marijuana Establishments
Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical "marijuana establishments" as defined in G.L. c.94G, § 1, including marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, shall be prohibited in the Town of Rutland.

and to authorize the Town Clerk to assign appropriate numbering to this by-law in order that it be in compliance with the numbering format of the General Bylaws or act in any other manner in relation thereto.

Majority Vote – G.L. c.40, §21























 
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