ANNUAL TOWN MEETING WARRANT

June 18, 2018 at 7:00 p.m. at Orange Town Hall

 

ANNUAL TOWN MEETING

FISCAL YEAR 2019

 

MONDAY, JUNE 18, 2018 AT 7:00 P.M.

 

FRANKLIN, SS:                                                                                           

To either of the Constables of the Town of Orange, in the County of Franklin:

 

GREETING: 

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote on Town affairs, to meet at Ruth B. Smith Auditorium (Orange Town Hall), located at 6 Prospect Street, in said Orange on Monday, the eighteenth day in June 2018, at seven in the evening, then and there to act on the following articles:

 

The amount of available “Free Cash” for the General Fund, certified by the

Director of Accounts is                       $623,617.00

The amount of “Retained Earnings” for the Water Enterprise Fund, certified by the

Director of Accounts is                       $ 13,883.90

The amount of “Retained Earnings” for the Sewer Enterprise Fund, certified by the

Director of Accounts is                       $111,385.42 

 

ARTICLE 1: TOWN REPORT

To see if the Town will accept the reports of the Officers and Committees as printed in the Annual Town Report; or take any other action relative thereto.

 

ARTICLE 2: REVOLVING FUNDS

To see if the Town will vote pursuant to M.G.L. c.44 s.53E1/2, as most recently amended, to (1) authorize revolving funds for certain Town Departments for 2019, (2) and further, to amend the Town bylaws by inserting a new bylaw entitled, Revolving Funds, and to establish fiscal year spending limits; all as set forth below:

 

Revolving Funds

  Purpose.  This bylaw establishes and authorizes revolving funds for use by the Town Departments, Boards, Committees, Agencies or Officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of those programs or activities.  These revolving funds are established under and governed by Massachusetts General Laws Chapter 44,

Section 53E1/2.

  Expenditure Limitations.  A Department or Agency head, Board, Committee or Officer may incur liabilities against and spend monies from a revolving fund established and authorized by this bylaw without appropriation subject to the following limitations:

Fringe benefits of full-time employees whose salaries or wages are paid from the fund, except for those employed as school bus drivers.

No liability shall be incurred in excess of the available balance of the fund.

Expenditures from each revolving fund spent during a fiscal year shall be subject to the limitation established by Town Meeting or any increase therein as may be authorized in accordance with M.G.L. c.44 s.53E1/2.

Interest. Interest earned on monies credited to a revolving fund established by this bylaw shall be credited to the general fund.

  The following is a list of the authorized revolving funds setting forth the name of the fund, the entity authorized to expend such funds, the revenue source and the use of such fund.

 

Revolving Fund

Authorized to   Spend

Revenue Source

Use of Fund

Hazardous

Spills

Fire Chief

Hazardous Material

Incidents Receipts

Operational Expenses for supplies, equipment, clothing, vehicle response, labor & training.

Gas Inspector

 

Building Inspector

90% of Fees for

Gas Inspector Services

Gas Inspector's Part-Time Salary and Expense

Plumbing Inspector

Building Inspector

90% of Fees for

Plumbing Inspector Services

Plumbing Inspector's Part-Time Salary and Expenses

Excavation and Trench Permit

Building Inspector

Trench Permits & Fees

Expenses Related to Excavation and Trench Permits

Airport Fuel

 

Airport Commissioners

Revenue from Aviation Fuel Sales

Purchase of Aviation Fuel to be Sold and Related Expenses

Sealer of Weights & Measures

 

Sealer of Weights & Measures

Fees for Sealer of Weights

& Measures Services

Sealer of Weights & Measures Part-Time Salary and Expenses

Board of Health

 

Board of Health

 

Board of Health Application

Fees and Permits

Operational Expenses

Landfill & Recycling

Sanitation Manager

Fees Charged for Gas Cylinders & Mattresses

Expenses Related  to Disposal of Gas Cylinders & Mattresses

Landfill & Recycling

Sanitation Manager

Compost Area Revenue

Expenses Related  to Compost Area

Dog Fund

Police Chief

Revenue from All Dog Related Fees and Fines

Operational Expenses for Dog Licensing & Animal Control

Planning Dept.

Planning Board

Planning Board Fees

Expenses for training, community outreach, and other sundry items

 

and further that nonsubstantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format for the Code of Orange;

 

And to set Fiscal Year 2019 spending limits as follows:

 

Revolving Fund                                 FY 19 Spending Limit

Hazardous Spill                                   $  20,000

Gas Inspector                                      $  15,000

Plumbing Inspector                             $  15,000

Excavation and Trench Permit            $    5,000

Airport Fuel                                        $109,000

Sealer of Weights and Measures         $  15,000

Board of Health                                  $  30,000

Landfill & Recycling                          $  30,000

Landfill & Recycling                          $    7,000

Dog Fund                                            $  50,000

Planning Board                                   $    2,000

 

or take any other action relative thereto.

                                                                       

ARTICLE 3: SALE OF TAX TITLE LAND

To see if the Town will vote to authorize the transfer from the Treasurer to the Board of Selectmen the care, custody and control of those parcels of land acquired by the Town through foreclosure of tax titles in the land court or commissioner's affidavit of land of low value and to authorize the Board of Selectmen to sell, in accordance with Massachusetts General Laws, those parcels acquired by the Town by foreclosure of tax titles in the land court or commissioner's affidavit of land of low value; or take any other action relative thereto.

 

ARTICLE 4: AUTHORIZE BORROWING

To see if the Town will vote to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow in anticipation of the revenue for the fiscal year beginning July 1, 2018 in accordance with the M.G.L. c44, §4; or take any other action relative thereto.

                                                                                               

ARTICLE 5: BALANCE AGREEMENTS         

To see if the Town will vote to authorize the Treasurer to enter into compensating balance agreements during Fiscal 2019 as permitted by M.G.L. c44, §53F; or take any other action relative thereto.

 

ARTICLE 6: GRANT APPLICATIONS

To see if the Town will vote to authorize the Board of Selectmen to apply for, accept and expend any State and Federal grants that do not require a Town appropriation, and those that require Town appropriation are subject to Town approval of the expenditure of those funds; or take any action relative thereto.

 

ARTICLE 7: SALE OF SURPLUS PERSONAL PROPERTY AND REAL ESTATE

To see if the Town will vote to authorize the Board of Selectmen or their designee to sell or otherwise dispose of surplus or obsolete personal property and surplus real estate of the Town in accordance with Chapter 76 of the General Bylaws of the Town of Orange and following the procedures required by M.G.L. c.30B §15 and §16; or take any other action relative thereto.

 

ARTICLE 8: WATER ENTERPRISE BUDGET

To see if the Town will vote to appropriate the sum of $739,856 for the Water Enterprise Fund beginning July 1, 2018 in accordance with the provisions of M.G.L. c.44, §53F½, amount to be funded from the following sources; or take any action relative thereto.

 

User Charges

       $731,645

Water Liens

                  $1,140

Other Departmental Revenue

$3,463

Investment Income

$3,609

Development Charges

$0

Retained Earnings

$0

Total Revenues

$739,857

 

To be expended as follows:

 

Direct Costs

Salaries & Wages

$268,377

Expenses

$236,984

Equipment

$36,500

Tully Water

$28,000

Capital Outlay

$21,500

Debt & Interest

$0

Emergency Reserve

$15,000

Subtotal

$606,361

 

Indirect Costs                                                   $133,496

Total Expenses                                                 $739,857

 

ARTICLE 9: WWTP/SEWER ENTERPRISE BUDGET

To see if the Town will vote to appropriate the sum of $659,086.00 for the WWTP/Sewer Enterprise Fund for fiscal year beginning July 1, 2018, in accordance with the provisions of M.G.L. c.44, §53F½, amount to be funded from the following sources; or to take any other action relative thereto. 

 

User Fees                                            $618,886.00

Connection Fees                                        $200.00

Sewer Liens Revenue                           $40,000.00

Total Revenues                                  $659,086.00

 

To be expended as follows:

                                                            Direct

Salaries & Wages                                $212,641.00

Expenses                                             $218,874.00

Capital Outlay                                       $20,000.00

Debt & Interest                                     $94,423.00

Emergency Reserve                              $10,000.00

Subtotal                                              $555,938.00

 

Indirect Costs                                    $103,148.00

 

Total Expenses                                  $659,086.00               

 

ARTICLE 10: TRANSFER FROM TRANSFER STATION WINDOW STICKER REVENUE

To see if the Town will vote to transfer and appropriate the sum of $15,200.00 from the Transfer Station Window Sticker Revenue Account to the Landfill Monitoring/Maintenance account in accordance with M.G.L. c.44 §28C (f) to pay for expenditures of the cost of monitoring and maintenance of existing inactive landfill or other solid waste facilities; or take any other action relative thereto.

 

ARTICLE 11: TRANSFER FROM TRANSFER STATION WINDOW STICKER REVENUE

To see if the Town will vote to transfer and appropriate the sum of $2,748.00 from Transfer Station Window Sticker Revenue account to Sanitation Wages account in accordance with M.G.L. c.44 §28C (f) to pay for expenditures of the cost of maintenance of existing inactive landfill or other solid waste facilities; or take any other action relative thereto.

 

ARTICLE 12: ELECTED OFFICERS COMPENSATION  

To see if the Town will vote to fix the compensation of all elected officers of the town as provided by M.G.L. c.41, §108 effective July 1, 2018, as contained in the budget; or take any other action relative thereto.

 

ARTICLE 13: TOWN BUDGET FISCAL YEAR 2019

To see if the Town will vote to raise and appropriate or transfer from available funds such sums of money as may be necessary to defray the expenses of the fiscal year beginning July 1, 2018; or take any other action relative thereto. (OMNIBUS BUDGET)

 

ARTICLE 14: BETTERMENT TRANSFER

To see if the Town will vote to transfer the following amount from betterment collections for the purpose of the long term debt payment due in FY2019; or take any other action relative thereto.

AMOUNT      FROM :                                              

$6,414.48        MWPAT Title 5 Septic Betterments  

TO:

Long-Term Debt Principal-Community Septic Management Program

                                                                                   

ARTICLE 15: TRANSFER FROM CAPITAL STABILIZATION

To see if the Town will vote to transfer and appropriate the sum of $30,000.00 from the Capital Stabilization Account to the Town Hall Capital Maintenance account for expenditures of the cost of bathroom repairs, auditorium windows, electrical wiring on the stage and front of the Town Hall, and boiler maintenance and repair at the Town Hall; or take any other action relative thereto.

 

ARTICLE 16:  CEMETERY SALE OF LOTS

To see if the Town will vote to authorize payment of $350.00 from Cemetery Sale of Lots Account to Dorothy M. Forster, 20 Former Road, Southampton, MA  01073, to buy back her lots at South Cemetery; or take any other action relative thereto.

 

ARTICLE 17:  PUTNAM HALL DEMOLITION TRANSFER

To see if the Town will vote to transfer and appropriate the sum of $34,293.82 from Putnam Hall Demolition Expense to Putnam Hall Debt Principal Expense; or take any other action relative thereto.

 

ARTICLE 18: TRANSFER FROM AMBULANCE RECEIPTS RESERVED FOR APPROPRIATION

To see if the Town will vote to transfer and appropriate from the Ambulance Receipts Reserved for Appropriation Account the Sum of $74,977.00 for the short term borrowing costs for the Fire Department Ambulance; or take any other action relative thereto.

 

ARTICLE 19: TRANSFER FROM THE AMBULANCE RECEIPTS RESERVED FOR APPROPRIATION

To see if the Town will vote to transfer and appropriate from the Ambulance Receipts Reserved for Appropriation Account the Sum of $18,000.00 for the purchase of one automated chest compression device and 10 UHF pagers for use in the delivery of Emergency Medical Services; or take any other action relative thereto.

 

ARTICLE 20: POLICE DEPT. RADIO LEASE

To see if the Town will vote to raise, appropriate, or transfer from available funds the sum of

$11,000.00 for the 3rd year payment on a 5-year lease for 10 Portable Radios; or take any other action relative thereto

 

ARTICLE 21: CAPITAL PLAN FY19

To see if the Town will vote to raise and appropriate or borrow the sum of $189,300.00 for the following Capital Projects and to meet such appropriation by authorizing the Treasurer, with approval of the Board of Selectmen, to borrow such sum under M.G.L. Chapter 44, Sec. 7, or any other enabling authority; or take any other action relative thereto.

 

2019 Fully Equipped Fire Department Command Vehicle                            70,000.00

2019 Ford F350 Highway Truck                                                                    51,000.00

Sanitation Engineering                                                                                    17,000.00

Records Storage                                                                                              27,000.00

Police Phones                                                                                                  11,000.00

Police Upgrade                                                                                                 5,000.00

2 zero turn mowers and leaf blowers - Highway                                              8,300.00

                                                                                                                      189,300.00

 

ARTICLE 22: AERATION BLOWER REPLACEMENT PROJECT

To see if the Town will vote to raise and appropriate the sum of $312,000.00 for the purpose of aeration blower replacement at the wastewater treatment facility, with $200,000.00 being paid through the GAP II Grant for Municipal Drinking Water and Wastewater facilities through the MassDEP Clean Energy Results Program (CERP), and the remaining $112,000.00 being paid through the sewer enterprise fund; or take any other action relative thereto.

 

Article 23:  TIF –Seaman Paper

To see if the Town will vote pursuant to G.L. c.40, §59 and G.L. c.23A, §§E and 3F to: (a) approve a Tax Increment Financing (“TIF”) Agreement between Seaman Paper Company of Massachusetts Inc. and the Town of Orange, substantially in the form as is on file with the Town Clerk (the “TIF Agreement”), for property located at 10 Lucci Drive and as described more fully in the TIF Agreement, which TIF Agreement provides for real estate tax exemptions at the exemption rate schedule set forth therein, (b) authorize the Board of Selectmen to execute the TIF Agreement, and any documents relating thereto; and (c) authorize the Board of Selectmen to approve submission of the TIF Agreement and Certified Project Application, and any associated documents to the Massachusetts Economic Assistance Coordinating Council, all relating to the project as described in the TIF Agreement to be located in the Orange EOA and Certified Project Application, and take such other and further action as may be necessary or appropriate to obtain EACC approval, implement these documents and carry out the purposes of this article; or take any other action relative thereto.

 

ARTICLE 24:  SOLAR PILOT – NEW ATHOL ROAD

To see if the Town will vote to authorize the Board of Selectmen to enter into a Tax Agreement for payments-in-lieu-of-taxes (“PILOT") pursuant to M.G.L. Chapter 59, Section 38H(b), and Chapter 164, Section 1, or any other enabling authority, with an annual payment amount of $12,000 per megawatt and an annual payment escalator of 2 ½ percent, and upon terms and conditions as the Board shall deem in the best interest of the Town, for personal property associated with a solar photovoltaic facility having a nameplate capacity of approximately 1.0647 megawatts on a parcel of privately-owned land (Map 2, Lot 65) located at 7 New Athol Road upon which such facility is located, and to take all actions necessary to implement such agreement; or take any other action relative thereto.

 

ARTICLE 25:  SOLAR PILOT – EAST RIVER STREET

To see if the Town will vote to authorize the Board of Selectmen to enter into a Tax Agreement for payments-in-lieu-of-taxes (“PILOT") pursuant to M.G.L. Chapter 59, Section 38H(b), and Chapter 164, Section 1, or any other enabling authority, with an annual payment amount of $14,000 per megawatt and an annual payment escalator of 2 ½ percent, and upon terms and conditions as the Board shall deem in the best interest of the Town, for personal property associated with a solar photovoltaic facility having a nameplate capacity of approximately 4.9 megawatts on a parcel of privately-owned land (Map 118, Lot 7) located at 380 East River Street upon which such facility is to be located, and to take all actions necessary to implement such agreement; or take any other action relative thereto.

 

ARTICLE 26:  SOLAR PILOT – RW MOORE DRIVE

To see if the Town will vote to authorize the Board of Selectmen to enter into a Tax Agreement for payments-in-lieu-of-taxes (“PILOT") pursuant to M.G.L. Chapter 59, Section 38H(b), and Chapter 164, Section 1, or any other enabling authority, with an annual payment amount of $12,000 per megawatt and an annual payment escalator of 2 ½ percent, and upon terms and conditions as the Board shall deem in the best interest of the Town, for personal property associated with a solar photovoltaic facility having a nameplate capacity of approximately 1.7 megawatts on an approximate 7 acre parcel of privately-owned land being a portion of Assessors Map 250, Lot 12C located at 56 RW Moore Drive upon which such facility is to be located, and to take all actions necessary to implement such agreement; or take any other action relative thereto.

 

ARTICLE 27:  NORTH MAIN STREET TIP

To see if the Town will vote to raise and appropriate, transfer from available funds, borrow or otherwise provide the sum of $750,000.00 for the purpose of any and all engineering work and any and all expenses incidental or related thereto including but not limited to design, engineering, plan preparation, inspections, property surveying, title examination, easement acquisitions, pre-construction and construction monitoring, if necessary for the reconstruction of  North Main Street which will consist of complete plans and preparation for the reconstruction of the roadway to MassDOT standards in preparation for a MassDOT Tip grant for the construction costs; or take any other action relative thereto.

 

ARTICLE 28:  COLLECTIVE BARGAINING AGREEMENT – SERVICE EMPLOYEES INTERNATIONAL LOCAL 888 (Clerical Employees)

To see if the Town vote to raise and appropriate a sum of money to fund the cost of a regrading and wage adjustment in certain bargaining unit members’ wages for year 2 (Fiscal Year 2019) under the collective bargaining agreement between the Town of Orange (represented by the Board of Selectmen) and the Town’s Clerical bargaining unit employees (represented by SEIU Local 888 Clerical Union) in accordance with Chapter 150E of the Massachusetts General Laws as reflected in the below Wage Scale.  Any appropriation is subject to SEIU Local 888 Maintenance Union ratifying the Memorandum of Agreement between the Town of Orange and SEIU Local 888 Maintenance Union (July 1, 2017 – June 30, 2020); or take any other action relative thereto.

 

Grade

Step

 

Effective FY 19 - 7/1/18





 

8.00%

2.50%








 











 

 

Step 1

Step 2

Step  3

Step 4

Step 5

Step 6

Step 7

Step 8

Step 9

Step 10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Grade 1

11.69

11.98

12.28

12.59

12.90

13.23

13.56

13.90

14.24

14.60

 

 

 

 

 

 

 

 

 

 

 

Grade 2

12.63

12.94

13.26

13.60

13.94

14.28

14.64

15.01

15.38

15.77

 

 

 

 

 

 

 

 

 

 

 

Grade 3

13.64

13.98

14.33

14.68

15.05

15.43

15.81

16.21

16.61

17.03

 

 

 

 

 

 

 

 

 

 

 

Grade 4

14.73

15.09

15.47

15.86

16.25

16.66

17.08

17.50

17.94

18.39

 

 

 

 

 

 

 

 

 

 

 

Grade 5

15.90

16.30

16.71

17.13

17.56

17.99

18.44

18.90

19.38

19.86

 

 

 

 

 

 

 

 

 

 

 

Grade 6

17.18

17.61

18.05

18.50

18.96

19.43

19.92

20.42

20.93

21.45

 

 

 

 

 

 

 

 

 

 

 

Grade 7

18.55

19.01

19.49

19.98

20.48

20.99

21.51

22.05

22.60

23.17

 

 

 

 

 

 

 

 

 

 

 

Grade 8

20.03

20.54

21.05

21.58

22.11

22.67

23.23

23.81

24.41

25.02

 

 

 

 

 

 

 

 

 

 

 

Grade 9

21.64

22.18

22.73

23.30

23.88

24.48

25.09

25.72

26.36

27.02

 

 

 

 

 

 

 

 

 

 

 

 

ARTICLE 29:  DEXTER PARK SCHOOL ROOF TRANSFER

To see if the Town will vote to transfer and appropriate the sum of $167,277.50 from Dexter Park Roof October 2011 STM Art 16 to Armory Roof Repairs; or take any other action relative thereto.

 

ARTICLE 30:  PLANNING BOARD – DECREASE IN MEMBERS

To see if the Town will vote to decrease the appointed members on the Planning Board from seven (7) to five (5); or take any other action relative thereto.

 

ARTICLE 31:  WORDING CHANGES – ZONING BYLAWS

To see if the Town will vote to amend the Town of Orange Zoning Bylaws by changing the application submittal requirements for the following sections, as follows:

 

4600 PERFORMANCE STANDARDS

Section 4610, (1) Plan filing Requirements

 

FROM:

The following plans and items shall be submitted to the Planning Board with an application form and three (3) copies of the drawings. Plans shall be prepared by a registered architect, landscape architect or professional engineer licensed in Massachusetts.

 

TO:

 The following plans and items shall be submitted to the Planning Board with an application form, one (1) electronic copy and three (3) copies of the drawings. Plans shall be prepared by a registered architect, landscape architect or professional engineer licensed in Massachusetts.

 

 

5400 SITE PLAN REVIEW

Section 5430 (a)

FROM:

An applicant for Site Plan Review shall file a completed application with the Town Clerk. The application shall include eleven (11) copies each of the site plan and any narrative documents as outlined in the submittal requirements. The Town Clerk shall acknowledge receipt of the plans by signing and dating the application. The Town Clerk shall transmit copies of the application to the Planning Board, Conservation Commission, The Zoning Board of Appeals, the Board of Health, the Historical Commission, The Highway Superintendent, The Fire Chief, Police Chief Water Department, and the Building inspector. Town Boards and municipal officials shall have 45 days from the date the completed application is received by the Town Clerk to report to the Planning Board their findings and recommendations.

TO:

An applicant for Site Plan Review shall file a completed application with the Town Clerk. The application shall include one (1) electronic copy and five (5) paper copies each of the site plan and any narrative documents as outlined in the submittal requirements. The Town Clerk shall acknowledge receipt of the plans by signing and dating the application. The Town Clerk shall transmit copies of the application to the Planning Board, Conservation Commission, the Zoning Board of Appeals, the Board of Health, the Historical Commission, the Highway Superintendent, the Fire Chief, Police Chief Water Department, and the Building Inspector. Town Boards and municipal officials shall have 45 days from the date the completed application is received by the Town Clerk to report to the Planning Board their findings and recommendations.

 

5713 PROCEDURES

 

FROM:

Section 5723 An applicant for Open Space Development shall file a completed application with the Town Clerk. The application shall include eleven (11) copies each of the site plan and any narrative documents as outlined in the submittal requirements. The Town Clerk shall acknowledge receipt of the plans by signing and dating the application.

 

TO:

Section 5723

An applicant for Open Space Development shall file a completed application with the Town Clerk. The application shall include one (1) electronic copy and five (5) paper copies each of the site plan and any narrative documents as outlined in the submittal requirements. The Town Clerk shall acknowledge receipt of the plans by signing and dating the application; and further that nonsubstantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format for the Code of Orange; or take any other action relative thereto.

 

ARTICLE 32:  SOLAR VOLTAIC SYSTEM MORATORIUM

To see if the Town will vote to approve a Solar Voltaic System Moratorium as described below.

Definitions:

For the purposes of this bylaw “Large Scale ground mounted solar photovoltaic system” shall be defined as: a solar photovoltaic system that is structurally mounted on the ground and is not roof mounted and has a minimum nameplate capacity of 250kWDC .

Rated nameplate capacity: the maximum rated output of electric power production of the photovoltaic system in Watts.

Ground Mounted system: a solar photovoltaic system erected on the ground, other than one used primarily to supply electricity to a single business or residence.

Purpose:

To allow time for a Solar Farm report to be prepared and presented to the Town of Orange by the Town of Orange Planning Board, with assistance from the Community Development office, and other related Town departments; to assess the current number of ground mounted and large scale solar photovoltaic energy systems and the anticipated number based on inquiry and identification of projects that have approached the Town Planning Board and Community Development offices. To assess effects of ground mounted and large scale solar photovoltaic systems as they relate to acreage used, financial impact to the Town (positive and negative), congruency with current long range planning of the Town and Planning Documents generated to date supporting long term planning. To assess fully citizen preferences as it relates to solar in their community. To fully evaluate potential long term planning as it relates to land use and fiscal impact. To identify total MW of solar power either completed, approved or proposed and the physical and fiscal impact, both positive and negative, on the town.

Rationale:

The Town of Orange has experienced exponential growth in solar arrays that are not placed on buildings and are of large scale. The Town of Orange has had 3 Large Scale Solar Photovoltaic Systems (SPS) which potentially could affect the Town as a whole receive approval since January of 2018, in addition to several that have already been completed in town. Furthermore, the Town has received information regarding at least 5 additional potential large-scale projects, which would have potentially similar impact as those already approved and completed, that are investigating processes to seek permitting from the Town.

Therefore, there is an immediate need to protect the interest of the Town and its citizens by establishing long term zoning bylaw standards and provisions to ensure that such uses and development will be consistent with the Towns long term planning interests, Master Plan, Open Space Plan and Green Communities Designations, while protecting the interest of our citizens and the Towns resources. It is crucial that the Town act now to establish a temporary moratorium on the use of land and the construction of structures related to all Ground mounted solar photovoltaic system projects and large-scale ground mounted solar photovoltaic installations and the issuance of special or building permits in connection with the same to allow time to thoughtfully plan for the overall impact such projects have on all aspects of the Town.  The Planning Board seeks this to be able to fully engage the community in the process of planning.

 Temporary Moratorium

Notwithstanding any other provision in the Town of Orange Zoning Bylaw to the contrary, no special or building permit may be issued for the construction of any Ground Mounted or Large Scale Solar Photovoltaic System until the adjournment of business at the Annual Town Meeting in June, 2019. The purpose of this temporary moratorium is to allow sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to enact bylaws in a manner consistent with sound land use planning goals and objectives. To the maximum extent legally permissible the Planning Board shall not accept any further applications for Large Scale Solar Photovoltaic Energy System during the aforementioned moratorium period; or take any other action relative thereto.

 

ARTICLE 33:  STATE FLAG RESOLUTION

To see if the Town will vote to support the resolution in support of changing the State Flag and Seal of Massachusetts

To support the bill introduced by State Representative Byron Rushing, (D-Suffolk) H-1707 calling for an investigation by a special commission, including members of the legislature and representatives of Native Nations of Massachusetts, to recommend changes to the State Flag and Seal of the Commonwealth.

 

Whereas the history of the State of Massachusetts is replete with instances of conflict between the European Colonists and the Native Nations of the region, who first extended the hand of friendship to the Colonists on their shores in 1620, and helped them to survive starvation during the settlers' first winters on their land;

 

Whereas members of the Native Nation for whom the State of Massachusetts is named were ambushed and killed by Myles Standish, first commander of the Plymouth Colony, in April of 1623, barely two years after the Pilgrims arrived on their shores;

 

Whereas the naked Colonial broadsword brandished above the head of the Native man on the Massachusetts State Flag and Seal is copied from Myles Standish's own broadsword, borrowed from the Pilgrim Hall in Plymouth by the illustrator Edmund Garrett in 1884;

 

Whereas the belt binding the Native's cloak on the Flag and Seal is modeled after a belt worn by Metacomet, known to the English as King Philip, who was among the Wampanoag leaders who resorted to a mutually destructive war in 1675-76 in defense of Native lands against Euro-Colonial encroachment;

 

Whereas the proportions of the body of the Native man in the Flag and Seal were taken from a Native skeleton kept in Winthrop, the bow modeled after a bow taken from a Native man shot and killed by a colonist in Sudbury in 1665, and his features taken from a photograph of an Ojibwe chief from Great Falls, Montana, considered by the illustrator to be a “fine specimen of an Indian,” though not from Massachusetts;

 

Whereas the history of relations between Massachusetts since Colonial times and the Native Nations who continue to live within its borders includes the forced internment of thousands of so-called ‘praying Indians’ on Deer Island, in Boston Harbor, where they died by the hundreds of exposure in 1675, their subsequent enslavement in Boston, Bermuda, and the Caribbean Islands, the offering of 40 pounds sterling as bounty for the scalps of Native men, women and children in Massachusetts beginning in 1686, increased to 100 pounds sterling for the scalps of Native adult males by 1722, half that amount for Native women and children;

 

Whereas Native Nations within the boundaries of Massachusetts were kept in a state of serfdom, and their members legally considered incompetent wards of the state until the nonviolent action of the so-called Mashpee Rebellion of 1833 led to the granting of Native self rule by the Massachusetts legislature in 1834, as if the sovereign right of Native self-government was the Massachusetts legislature's to confer;

 

Whereas Native Americans were legally prohibited from even stepping foot into Boston from 1675 until 2004, when that law was finally repealed;

 

Whereas the 400th anniversary of the landing of the Euro-Colonists at Plymouth Plantation, which gave rise to the long chain of genocidal wars and deliberate policies of cultural destruction against Native Nations of this continent, is approaching in the year 2020, affording every citizen of the Commonwealth a chance to reflect upon this history and come to a new awareness of a better relationship between the descendants of the Euro-Colonial immigrants and the Native Nations of these shores;

 

And whereas Native Americans have long suffered the many abuses of racism, the appropriation of their symbols for public schools and sports teams, the diminution and pollution of their ancestral lands and the encroachment of their cultural lifeways;

 

Therefore we, the voters of the Town of Orange, support the bill introduced by State Representative Byron Rushing, (D-Suffolk) H-1707 calling for an investigation by a special commission, including members of the legislature and representatives of Native Nations of Massachusetts, to recommend changes to the State Flag and Seal of the Commonwealth.

 

Be it further resolved that within five days of the dissolution of this town meeting, the town clerk shall forward copies of this resolution to Representative Susannah Whipps, to Senator Anne M. Gobi, Senator Adam G. Hinds, Senator Eric P. Lesser, and Senator Donald F. Humason, Jr., to the chairpersons and members of the Massachusetts House Ways and Means Committee, to which H-1707 was reported with an ‘ought to pass’ recommendation by the House Rules Committee on February 22nd, 2018, and to Executive Director Geoffrey Beckwith of the Massachusetts Municipal Association; or take any other action relative thereto.

 

ARTICLE 34:  PLASTIC BAG BAN – PETITION ARTICLE

To see if the town will vote to amend the Town of Orange Bylaws by adding the following language:

 

Chapter XV Plastic Bag Reduction Bylaw

Section 1.  Purpose and Intent

The production and use of thin-film single-use plastic checkout bags have significant impacts on the environment, including, but not limited to:  contributing to the potential death of aquatic animals and other wildlife through ingestion and entanglement; contributing to pollution of the land environment; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil nationally for their production.

 

The purpose of this bylaw is to reduce the use of thin-film single-use plastic checkout bags by all retail and grocery stores in the town of Orange.

 

Section 2.  Definitions

2.1 Checkout bag:  A carryout bag provided by a store to the customer at the point of sale.  Checkout bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or checkout area of the store.

2.2  Thin-film single-use plastic bags:  Typically with plastic handles, these are bags with a thickness of 2.5 mils or less and are intended for single-use transport of purchased products.

2.3  Grocery store:  A retail establishment where more than fifty percent of the gross floor area is devoted to the sale of food products for home preparation and consumption, which typically also offers home care and personal care products.

2.4  Retail store:  An establishment that offers the sale and display of merchandise within a building.

2.5  Reusable checkout bag:  A bag, with handles, that is specifically designed for multiple use and is made of thick plastic, cloth, fabric, or other durable materials.

 

Section 3.  Use Regulations

3.1  Thin-film single-use plastic bags shall not be distributed, used, or sold for checkout or other purposes at any retail or grocery store within the town of Orange.  Retail establishment shall mean any business facility that sells goods directly to the consumer including but not limited to grocery stores, pharmacies, liquor stores, mini marts, and retail vendors selling clothing, food, and household or personal items.

3.2  Customers are encouraged to bring their own reusable or biodegradable shopping bags to stores.  Stores are strongly encouraged to make reusable checkout bags available for sale to customers at a reasonable price.

3.3  Thin-film plastic bags used to contain dry cleaning, newspaper, produce, meat, bulk foods, wet items and other similar merchandise, typically without handles, are still permissable.

3.4  Said by-law to become effective once approved by the state attorney general.

 

Section 4.  Enforcement Process

Enforcement of this bylaw shall be the responsibility of the Town Administrator or his or her designee.  The Town Administrator shall determine the inspection process to be followed, incorporating the process into other town duties as appropriate.  Any retail or grocery store distributing plastic grocery bags in violation of this bylaw shall be subject to a non-criminal disposition fine as specified in Appendix A of the regulations for the enforcement of Town Bylaws under MGL Chapter 40, 21D and the Bylaw for Non-Criminal Disposition and Violations; or act in relation thereto.  Fine schedule:  first offense:  warning; second offense:  $25; third and each subsequent offense:  $50; and further that nonsubstantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format for the Code of Orange; or take any other action relative thereto.

 

ARTICLE 35:  LAKE MATTAWA SUMMER STAFF – PETITION ARTICLE

To see if the Town will vote to transfer and appropriate the amount of $12,000.00 from the Water Department Retained Earnings to the Town Parks wages for the staffing of 2 summer hires from Memorial Day through Labor Day; or take any other action relative thereto.

 

ARTICLE 36:  LAKE MATTAWA BEACH STICKERS – PETITION ARTICLE

To see if the Town will vote to adopt the Lake Mattawa Beach Sticker Regulation forthwith.

 

Lake Mattawa Beach Sticker Regulations

I. Types Of Beach Stickers

Annual Resident Beach Stickers shall be made available at an annual charge of $20.00 to any Orange Residents, whether they own or rent a dwelling. An Orange Resident is any person whose principal year-round domicile is within the Town of Orange. A person who owns and pays real estate or personal property taxes upon a summer residence in Orange or who rents residential property for a time period which includes the continuous period from May 1 to October 14 inclusive, shall be eligible for an Annual Resident Beach sticker. Residency requirements 1.Being listed on the Town census, 2. Possessing a Massachusetts driver's license with an Orange address or identification card issued by the Registry of Motor Vehicles, 3. Having an automobile registration in the Town of Orange with proof of paying Excise tax to the Town of Orange. If no automobile, a tax bill, lease agreement, rental receipt and/or utility bill will be required.

Temporary Beach Stickers shall be made available at a charge of $20.00 to nonresidents who rent residential property in the Town of Orange for any continuous fourteen day period. (

No person shall receive Beach Stickers as a privilege of office.

II. Beach Sticker Issuance Procedures

Annual Resident Beach Stickers 

In order to receive an Annual Resident Beach Sticker, an Orange Resident shall submit a current automobile registration for each vehicle for which a sticker is requested, showing registration of the vehicle in Orange, or their automobile registration and their tax bill or rent receipt for the season for their dwelling in Orange.

A new resident whose automobile registration has not yet been changed to an Orange address shall submit a rent receipt or a real estate bill of sale or deed.

Stickers shall be permanently attached to the vehicle for which the registration was shown and whose registration number matches the number written on the face of the sticker. Failure to comply with this regulation may result in the loss of beach sticker privileges.

A replacement sticker for a new vehicle that replaces one sold during the year will be furnished at no charge if the original sticker is returned, even if the sticker is in pieces. The Treasurer may waive this requirement if there is credible evidence that the vehicle was totaled due to an accident or other mishap.

Applicants whose vehicles are company-owned, Commercially leased, or privately loaned must furnish written proof of their connection to the other party or agency and must also provide proof of their residency in Orange.

Temporary Beach Stickers 

Nonresidents who rent residential property in Orange for a specific length of time shall submit, in addition to their current automobile registration, a rent receipt that includes dates of the rental period and the address of the rental property.

Temporary Beach Stickers shall be issued with the following information noted on the pass: Vehicle Registration Number, Expiration Date, Official Stamp, or Seal.

Temporary Beach Stickers shall be permanently attached to the vehicle for which the registration was shown and whose registration number matches the number written on the face of the sticker. Failure to comply with this regulation may result in the loss of beach sticker privileges.

Other Provisions
Any situations not specifically dealt with in these Regulations shall be referred to the Board of Selectmen. The Board of Selectmen shall determine any and all additional policies under these Regulations. (Amended 1/13/00; 7/1/03, 5/5/08)

III. Sticker Revocation

Reason for Revocation: Annual resident beach stickers, temporary beach stickers, are subject to revocation if they are not attached to the vehicle for which the sticker was issued; the registration on the sticker must match the registration given with the application for the sticker.

Violator Identification: The Orange Police Department or Parks staff shall report all infractions to the Treasurer. The report should include registration on the beach sticker, the registration of the automobile to which the sticker was affixed, date, place and time violation was discovered.

Notice to Violator: The Treasurer shall contact the violator in writing to inform them of the violation and penalty and to inform them of the appeal process. The penalty shall be loss of beach sticker through December 31 of the following year in which the violation occurred.

Appeal Process: Alleged violators to this policy may appeal to the Board of Selectmen in writing. The Board of Selectmen, having read the evidence and the appeal, may determine to reverse the revocation or to take any action by way of penalty, so long as the decided length of revocation is no longer than that stated in #C above. The Board of Selectmen shall notify the appealing party in writing of its decision; or take any other action relative thereto.

 

Hereof fail not, and make due return of this Warrant with your doings thereon, to the Town Clerk, at the time and place of meeting as aforesaid.

 

Given under our hands this thirtieth day of May in the year of our Lord two thousand and eighteen.

 

BOARD OF SELECTMEN

 

________________________________________

James Cornwell

 

 

________________________________________

Ryan Mailloux

 

 

_________________________________________

Jane Peirce

 

 

_________________________________________

Thomas Smith

Selectmen, Town of Orange

 

A true copy. ATTEST:

 

________________________________________

Randy Plante, Constable of Orange

 

FRANKLIN,SS.

Pursuant to the within Warrant, I have notified and warned the inhabitants of the Town of Orange, by posting up attested copies of the same at the Post Office in Orange and the Library in North Orange seven days at least before the time of holding said meeting.

 

 

____________________________________            ___________________

Randy Plante, Constable of Orange                           Date