The regular town election shall be held on the first Tuesday following the first Monday in November in each odd numbered year. A preliminary election shall be held not less than four or more than six weeks prior to the general election on a Tuesday chosen by the Town Clerk, with the approval of the Council, so as not to conflict with any civil or religious holiday. All City/Town elections shall be non-partisan and no party mark, emblem or other designation shall appear on any ballot used at a preliminary or general election for City/Town
offices.
General Election: Tuesday, November 3, 2009
Nomination papers available: Monday, June 1, 2009
Deadline to file: Tuesday, July 21, 2009 at 5 P.M.
Ballot position lottery: Wednesday, September 9, 2009
The Town Clerk's Office will be open until 8pm on Wednesday October 14, 2009 to accept voter registrations.
There are six ballot questions that will appear on the Town Election ballot, four of which are requested changes to the Home Rule Charter and two of which are amendments to the Community Preservation Act (CPA) adopted by the town in 2008.
QUESTION 1
Shall this Town approve the Charter amendment proposed by the Town Council
Charter Section 1-3 Distribution of Powers
To amend said section by adding a new clause to the last sentence so as to read:
The legislative branch shall never exercise any executive/administrative power and the executive/administrative branch shall never exercise any legislative power, excepting that the town council, when authorized by ordinance, may exercise those powers of a “Special Permit Granting Authority” pursuant to Massachusetts General Laws, Chapter 40A,summarized below?
SUMMARY
The proposed amendment would permit the town council to designate itself as a Special Permit granting authority under G.L. c. 40A, the “Zoning Act” by establishing in the town’s zoning ordinances specific Special Permit(s) it would be authorized to issue.
QUESTION 2
Shall this Town approve the Charter amendment proposed by the Town Council
Charter Section 5-6(c) Action on the Budget – Action by Town Council
To amend Section 5-6(c) as follows: By inserting the word “operating” before the word “budget” in all instances in this section and by deleting the word “ninety” in the third sentence and substituting the word “sixty” in place thereof.
The new section shall read as follows: The town council shall adopt the operating budget, with or without recommendations, within sixty days following the day the proposed operating budget is received by it. In amending the operating budget, the town council may delete or decrease any programs or amounts except expenditures required by law, or for debt service, but, the town council shall have no authority to add programs or increase amounts. If the town council fails to take any action with respect to any item in the proposed operating budget within sixty days following the date of its receipt of the proposed operating budget, such amount shall, without any
action by the town council, become a part of the appropriations for the ensuing fiscal year and shall be available for the purposes specified, summarized below?
SUMMARY
The proposed amendment would make it clear that budget means operating budget and would correct an inconsistency in the time frame contained in the charter so that all actions relative to the adoption of the annual budget can be completed before July 1st of each year.
QUESTION 3
Shall this Town approve the Charter amendment proposed by the Town Council
Charter Section 5-7 Supplementary Budgets, Other Appropriations
To amend Section 5-7 by adding the following: (d) Reserve Transfers – With the approval of the town council funds appropriated and deposited in accounts designated as “reserve accounts” may be transferred from one municipal agency to another. Requests for such transfers shall be made by the mayor, in writing, to the town council and shall include a statement setting forth the reason for the transfer of funds. A copy of this request shall, forthwith, be posted on the town bulletin board, summarized below?
SUMMARY
The proposed amendment clarifies that transfers from the reserve accounts are neither interdepartmental nor intradepartmental transfers as defined in the charter.
QUESTION 4
Shall this Town approve the Charter amendment proposed by the Town Council
Charter Section 5-8 Allotments
To delete the requirements of Section 5-8 in its entirety and to offer in substitution thereof, the following:
“The Town shall maintain an accounting system by which monthly reports are prepared by the Municipal Finance Director detailing the preceding monthly expenditures and the remaining balances within the departments’ yearly budget total. Within ten days of completion, the Municipal Finance Director shall cause a summary of said reports to be filed with the Town Council.” summarized below?
SUMMARY
The proposed amendment would do away with the current quarterly reporting requirement and replace it with a monthly reporting requirement prepared by the director of municipal finance and requires summaries of said monthly reports be filed with the town council.
QUESTION 5
Shall this Town amend its acceptance of Section 3(e) of chapter 44B of the General Laws, as approved by its legislative body, “By adopting exemption (3) for $100,000.00 of the value of each taxable parcel of residential property,” summarized below?
SUMMARY
Currently, 100% of the value of residential real estate is subject to a Community Preservation Act surcharge of one percent (1.0%) of its taxable value. The adoption of the amendment would exempt the first $100,000.00 of value of each taxable parcel of residential real estate from the surcharge, for example a residential property valued at $150,000.00 would pay a surcharge on $50,000 rather than $150,000.00 of its taxable value.
QUESTION 6
Shall this Town amend its acceptance of Section 3(e) of chapter 44B of the General Laws, as approved by its legislative body, “By deleting exemption (2) for class three, commercial, and class four, industrial properties as defined in section 2A of said Chapter 59,” summarized below?
SUMMARY
Currently, commercial and industrial properties are exempt from the Community Preservation Act surcharge imposed on residential property. The amendment would impose a one percent (1.0%) surcharge on the total taxable value of each tax parcel of land used for commercial and industrial purposes.
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