Foxborough, Massachusetts
40 South Street, Foxborough, MA 02035
12/17/2007 STM
TOWN CLERK’S REPORT
SPECIAL TOWN MEETING
Monday, the Seventeenth Day of December, 2007


The Special Town Meeting of the Town of Foxborough convened at 7:33 P.M. in the auditorium of the Foxborough Senior High School, 120 South Street, Foxborough, Massachusetts with Mr. Robert E. Cutler, Jr., Town Moderator, presiding.  Ronald P. Bresse, Advisory Committee member, led the Pledge of Allegiance.  Town Clerk Arlene Marie Crimmins read the Warrant and Return.  One hundred nineteen (119) inhabitants qualified to vote in elections and at town affairs were recorded as present.

ARTICLE 1:  Moved that the Town vote to amend Article 4 of the May 14, 2007 Annual Budget as follows:
                                                
                                        Revised Funding
        Dept #  Department              Budget  Adjust  FY ’08 Budget      Source
        171                    Conservation                  6,100               5,1    11,26                  Conservation
                                 Expense                                                                    Salaries
        915                   Group Health/Life Ins.      4,596,103             110,000                 4,706,103                  Free Cash

ADOPTED         105 Affirmative 1 Negative      7:40 PM

ARTICLE 2:  Moved that the Town vote to supplement the appropriation approved under Article #2 of the March 8, 2004 Special Town Meeting, and as amended by Article #1 of the March 20, 2006 Special Town Meeting, for construction of a new Joint Public Safety Facility as well as the original equipping and/or funding of said Facility to be built on land bordering North Street, Chestnut Street and Payson Road.

        And to further meet this appropriation by transferring four hundred and fourteen thousand ($414,000) from free cash.

ADOPTED         109 Affirmative 1 Negative      7:41 PM

ARTICLE 3:       Moved that the Town vote to transfer ninety thousand eight hundred thirty-two dollars ($90,832), an amount equal to the Retiree Drug Subsidies received to date from the U.S. Dept. of Health & Human Services, from free cash to the Health Trust Fund in order to fund health insurance costs.

ADOPTED         106 Affirmative 2 Negative      7:43 PM
                                                        
ARTICLE 4:   Moved no action on Article 4.

ADOPTED         109 Affirmative 0 Negative      7:44 PM

ARTICLE 5:  Moved no action on Article 5.

ADOPTED                109 Affirmative 0 Negative      7:45 PM

ARTICLE 6:   Moved that the Town vote to ratify and fund the collective bargaining agreement negotiated by representatives of the Town with the Foxborough Highway Employees Association; and to raise and appropriate the sum $37,347.00 of money to supplement the terms of said agreement, and to determine whether to meet said appropriation as follows:

$17,234 Free Cash
 15,024        Water Receipts
   5,089       Sewer Receipts
Total    $37,347

ADOPTED         105 Affirmative 2 Negative      7:46 PM

ARTICLE 7:   Moved that the Town vote to amend its Revised Consolidated Personnel By-Law, as amended in accordance with the terms and conditions of a document entitled “Revised Consolidated Personnel By-Law 2007”, a copy of which is on file with the Town Clerk: and to raise and appropriate the sum of Twenty-Three Thousand One Hundred and Ninety-One (23,191.00) Dollars to supplement the wage and salary amounts voted under Article #4 of the Warrant; and to meet said appropriation as follows:


Funding Summary
Free Cash
$                20,439
Water Receipts
$                  2,106
Sewer Receipts
$                     305
Landfill Receipts
$                     341
 $                23,191
 ADOPTED                108 Affirmative 1 Negative      7:48 PM

ARTICLE 8:  Moved that the Town vote to amend the Foxborough Zoning By-Laws, Article 4, Section 4.00 Table of Use Group I, Public and Quasi-Public Facilities by amending I.6 to allow Commuter rail stations, bus stations, and related or accessory structures and improvements by Special Permit in the Residential R-40, Highway Business, General Industrial, and Limited Industrial Zoning Districts.  The amended Table of Use for Commuter rail stations, bus stations, and related or accessory structures and improvements would read as follows:

                                R-15    R-40    GB      NB      HB      GI      LI      S-1
6. Commuter rail stations,
bus stations, and related
or accessory structures
and  improvements                NP     SP      NP      NP      SP      SP      SP      SP

NOT ADOPTED                 47 Affirmative      53 Negative         8:11 PM
RECONSIDERATION NOT ADOPTED             3 Affirmative      97 Negative                  8:12 PM

ARTICLE 9:  Moved that the Town vote to amend Article 4 of the May 14, 2007 Annual Operating Budget as follows:
                                                                Revised
                                FY2008                  FY2008          Funding
Dept. #  Dept.  Line item       Budget          Adjustment      Budget           Source
450      Water  Enterprise      $773,600        $125,000        $898,600         Water
                Expenses                                                         Retained
                                                                                     Earnings
ADOPTED         63 Affirmative          48 Negative     8:27 PM

ARTICLE 10:  Moved that the Town vote to amend Section 1, Police Regulations, of Article 5 of the Revised General By-Laws of the Town of Foxborough to insert the following:

Prudential Affairs and Internal Police Traffic Details

  • The Chief of Police or his or her designee shall have the authority to require police traffic detail where the passage or flow of pedestrian or vehicle traffic will be impeded, delayed, disturbed, back-up or rerouted on any public way, alley, highway, walkway, lane, court, public square, public place, or sidewalk within the Town of Foxborough, and/or where the safety, health and welfare of the general public is concerned.
  • Any establishment, entity or individual operating under a license or otherwise, and any individual or private entity which produces and operates an event, within the Town of Foxborough whose event or operation affects traffic flow in a manner described in paragraph A above, shall procure at his or her own expense police details furnished by the Foxboro Police Department as the Chief of Police or his or her designee may require in his or her reasonable discretion and shall pay such police officers at the prevailing extra duty rate.
  • The Chief of Police shall adopt written criteria consistent with law and these by-laws for the government, disposition and applicability of this By-Law, including, without limitation, for determining when the safety, health and welfare of the general public is affected by pedestrian and/or traffic flow, and the process to be implemented for procurement of such details.
ADOPTED         93 Affirmative          5 Negative      8:29 PM
Approved by the AG on June 19, 2008 with a caution concerning State Police jurisdiction.   REC

ARTICLE 11:  Moved that the Town vote to authorize the Board of Selectmen to grant an easement upon such terms and conditions as the Selectmen deem appropriate to Feeling Foxy, LLC, a Massachusetts limited liability company having an address at 434 Massachusetts Avenue, Suite 505, Boston, MA, or its assignee(s), for all purposes for which parking lots are commonly used in the Town of Foxborough, on land owned by the Town of Foxborough, described as follows:  a certain parcel of land situated on the westerly side of Payson Road, Foxboro, Norfolk County, Massachusetts and being shown as “Easement Area = 58,352 Sq. Ft.” on a certain plan of land entitled “Easement Plan of Land on the Former Foxboro State Hospital Foxborough, MA,” dated February 12, 2007 drawn by Bay Colony Group, Inc. and to which plan reference is hereby made for a more particular description of the easement area.  The easement area is a portion of the land conveyed to the Town by deed from the Commonwealth of Massachusetts dated February 22, 1999 recorded with the Norfolk County Registry of Deeds Book 13416, Page 205; and deed from the Commonwealth of Massachusetts dated October 8, 2003 recorded with the Norfolk County Registry of Deeds Book 20013, Page 470.  And to authorize the Board of Selectmen to enter into such agreements, execute such documents, obtain such consideration, if any, as the Selectmen deem appropriate, and take such other actions as may be necessary to accomplish the foregoing.

ADOPTED         94 Affirmative          2 Negative      8:40 PM

ARTICLE 12:  Moved that the Town vote to authorize the Board of Selectmen and/or the Board of Water and Sewer Commissioners to release a portion of an existing easement from the Commonwealth of Massachusetts upon the sale of the Commonwealth’s property to Feeling Foxy, LLC, a Massachusetts limited liability company having an address at 434 Massachusetts Avenue, Suite 505, Boston, MA, or its assignee(s), and to reserve a portion of an existing easement and/or to accept an easement from Feeling Foxy, for all purposes relating to the installation, repair, removal, replacement, expansion, operation and maintenance of a sewage force main and pump station located on Chestnut Street, Foxborough, Norfolk County, Massachusetts for which pumping stations are commonly used in the Town of Foxborough, and for sewer line purposes on land to be owned by Feeling Foxy, LLC containing approximately 1.57 acres, as shown on a plan prepared by Bay Colony Surveying, Inc., Foxborough, recorded with Norfolk County Registry of Deeds in Plan Book 405, Plan 225 of 1992; and as shown on a plan on file with the Town Clerk.  And to authorize the Board of Selectmen and/or the Board of Water and Sewer Commissioners to enter into such agreements, execute such documents and take such other actions as may be necessary to accomplish the foregoing.

ADOPTED         83 Affirmative          5 Negative      8:41 PM

ARTICLE 13:  Moved that the Town vote to authorize the Board of Selectmen to accept a deed from Feeling Foxy, LLC, a Massachusetts limited liability company having an address of 434 Massachusetts Avenue, Suite 505, Boston, Massachusetts, of a certain parcel of land, for roadway purposes, containing 1,635+ square feet, situated on the southeasterly side of Chestnut Street and easterly side of North Street at the rounding corner of Chestnut Street and North Street in Foxborough, Norfolk County, Massachusetts and being shown as Lot F-2I on a certain plan of land entitled "Plan of Land in Foxborough, Ma Main, North & Chestnut Streets" dated April 4, 2007 drawn by Bay Colony Group, Inc., to which plan reference is hereby made for a more particular description of the granted premises.  Lot F-2I is a portion of the premises conveyed to Feeling Foxy, LLC, by deed of The Commonwealth of Massachusetts dated August 12, 2005 and recorded with Norfolk County Registry of Deeds in Book 122784 Page 202.  And to authorize the Board of Selectmen to enter into such agreements, execute such documents and take such other actions as may be necessary to accomplish the foregoing.

ADOPTED         90 Affirmative          5 Negative      8:43 PM

The Special Town Meeting of the Town of Foxborough adjourned at 8:43 P.M.

A True Record Attest:
Robert E. Cutler, Jr., Town Clerk