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Advisory Committee Town Meeting Recommendations for Nov 4, 2019

Recommendations for Warrant Articles brought by the Board of Selectmen, the Planning Board, and Animal Control

ARTICLE 1: Fund Capital Stabilization Board of Selectmen THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 1: VOTE OF 8-0-0

The purpose of this article is to add an amount of free cash to the Capital Stabilization fund. The Advisory Committee agreed that maintaining a reserve balance for future capital projects was in the best interest of the Town.

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ARTICLE 2: FY20 Budget Amendment - Administration Board of Selectmen THE ADVISORY COMMITTEE OPPOSES APPROVAL OF ARTICLE 2 AS WRITTEN: VOTE OF 0-7-1THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 2 AS AMENDED: VOTE OF 6-1-1

The intent of this article is to increase the administration salary budget to cover the cost of currently employed Town administration employees. The Advisory Committee was opposed to the requested amount of $26,500. However, with the consideration of a $5,000 adjustment (to account for a previously proposed intern), there was general approval for funding the administration salary line with an additional $21,500.

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ARTICLE 3: FY20 Budget Amendment – Cruisers Board of Selectmen THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 3: VOTE OF 8-0-0

The purpose of this article is to raise and appropriate or transfer from available funds the amount of $56,720 for a police cruiser, fully equipped, to replace a cruiser that will reach approximately 115,000 miles within six months (which is the time it takes for a new order to be delivered).

The Advisory Committee discussed the need for this additional cruiser at length with the Police Chief, who justified the purchase with the guideline of 100,000 maximum useful mileage for shift cruisers. The Committee agreed that maintaining the quality of police department equipment was worth the investment.

ARTICLE 4: COA/HS Building - Funds for Feasibility Study Board of Selectmen THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 4: VOTE OF 6-0-0

The purpose of this article is to appropriate the sum of $40,000 for funding a Council on Aging/Human Services Senior Center Building Feasibility Study. The Human Services Director, Marc Craig, addressed the Advisory Committee on behalf of the Town’s senior advocates (including the Friends of the Seniors and the Council on Aging & Human Services). Highlights of the commentary in support for this article were as follows:

  • This summer, town residents began inquiring about the possibility for a larger building – to which Mr. Craig gathered 125 signatures in support.
  • As for the article itself, Mr. Craig has 55 seniors who have signed on in support.
  • Statistics on the Senior Center showed an increase in unduplicated checking-in, average daily attendance, and new clients.
  • During the presentation, a senior center advocate pressed upon the need for expanded senior social services, citing the necessity for an active social network in addition to Education and Fitness programs. He noted how this would be an opportunity for a return on all those taxes paid over the years by senior Town residents.

The feasibility study would determine the need for and costs of expanded Senior Center facilities, given the current facility has seen approximately double the activity of last fall. If passed, there will be a Bid Process (Request for Proposal – RFP) for the study and the award of the project would go to the lowest bidder; the amount being proposed is estimated until the Town receives actual bids. The feasibility study is the first step in the process. With the results of the study, the Human Services Department would come back to Town Meeting with a plan that provides details on all phases involved, including potential building refurbishment, expansion, or other options where the current building could be repurposed or sold.

ARTICLE 5: Accept Montgomery Way as a Public Way Planning Board THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 5: VOTE OF 6-0-0

The purpose of this article is to see if the Town will accept Montgomery Way as a public way. Street acceptance requests are initiated by the developer, then approved by The Planning Board if all obligations are met. These obligations include sufficient width, suitable grades, adequate construction and installation of municipal services. The Town Engineer assured the Advisory Committee that all obligations have been met. If this article is approved, the Town will be responsible for maintenance of the roadway and all related infrastructure.

ARTICLE 6: Accept VanDoorn Avenue as a Public Way Planning Board THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 6: VOTE OF 6-0-0

The purpose of this article is to see if the Town will accept VanDoorn Avenue as a public way. Street acceptance requests are initiated by the developer, then approved by The Planning Board if all obligations are met. These obligations include sufficient width, suitable grades, adequate construction and installation of municipal services. The Town Engineer assured the Advisory Committee that all obligations have been met. If this article is approved, the Town will be responsible for maintenance of the roadway and all related infrastructure.

ARTICLE 7: Affordable Housing Trust Planning BoardTHE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 7: VOTE OF 6-0-0

The purpose of this article is to extend through July 2025 the Affordable Housing Trust, the intent of which is to create and preserve affordable housing in Town for the benefit of low- and moderate-income persons. The original term for the trust is currently expired. The Advisory Committee voted in favor of this article in order to protect the current trust balance of $320K and to support the goals of the trust.

ARTICLE 8: Remove Deputy Police Chief Position from Civil Service Board of Selectmen THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 8: VOTE OF 6-0-0

The purpose of this article is to remove the position of Deputy Chief of Police from the Civil Service structure previously voted by the Town in 1931. By removing this position from Civil Service, it will allow the chief of police to select the best candidate without going through the outdated and inefficient Civil Service process.

As a key management position, the Board of Selectmen and the chief of police agree that it is in the best interest of the Town for the Deputy Chief be excluded from Civil Service. Both the current chief and his two predecessors support this article. The position of the Deputy Chief is available in the police department structure but has not been filled recently, as the current senior staff profile includes three lieutenants and no deputy. The management structure under consideration would create a staffing profile with a deputy chief and two lieutenants. Hence this would not require an add to staff but would serve to change the rank structure within the department.

ARTICLE 9: Police Contract Board of Selectmen ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 9: VOTE OF 6-0-0

The purpose of this article is for appropriating the sum of $253,000 to fund the cost items for a collective bargaining contract between the Town of Foxborough and the Foxborough Police Local 379, MCOP, AFL-CIO. Following is a summary breakdown of the proposed amount to appropriate:

  1. 2.0% retro-active COLA: covering all Fiscal Year 2019 and for Fiscal Year 2020 to November 4th, 2019.
  2. 2.0% current year COLA (November 5th, 2019 to June 30th, 2020).
  3. Moderate stipend increase % for keeping in line with comparable towns.

ARTICLE 10: Amendments to Kennel Definitions Animal Control THE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 10: VOTE OF 5-1-0

This article would require deleting the current definition of "Kennel, Commercial" and replacing it with three new definitions, summarized as follows:

Kennel, Commercial: An establishment used for boarding, holding, daycare, overnight stays, or training of animals not owned by the establishment.

Kennel, Personal: A collection of more than 4 dogs, 3 months or older, owned under single ownership, for private personal use.

Kennel, Veterinary: A veterinary hospital or clinic that boards dogs for medical treatment or care.

The language for these definitions is sourced directly from the Massachusetts state statute pertaining to kennels. The Advisory Committee was generally in favor of this proposal. The one point of contention was the inclusion of a significant amount of language within the definition of “Kennel, Personal”, which some thought was extraneous and could perhaps cause confusion.

ARTICLE 11: Amendments to Use Table for Kennels Animal ControlTHE COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 11: VOTE OF 6-0-0

Article 11 would require the new definitions from Article 10 to be used in Table 3-1 - Table of Uses within the Code of the Town of Foxborough. In effect, Commercial and Veterinary Kennels would be limited to certain districts and Personal Kennels would be disallowed.

ARTICLE 12: Amendments to Chapter 78 – Animals Animal ControlTHE ADVISORY COMMITTEE RECOMMENDS APPROVAL OF ARTICLE 12: VOTE OF 7-1-0

The purpose of this article is to make material changes to Town Code Chapter 78, which pertains to animal control issues. This bylaw as currently written is focused mainly on dogs, while this article would broaden the scope to any animal owned or kept in Town. In the “Public Nuisance” definition, the term “dog” would be replaced with “animal”. The definition of “At Large” would be revised to mean an animal that is outside the premises of the animal owner and not on a leash measuring 10 feet or less in length. The article also proposes replacing the current fine structure with an updated structure that includes higher penalties for nuisance violations. Further, the rules for licensing of dogs would be updated to make explicit the timing for licensing and the fine for noncompliance.

Perhaps the most significant change is the inclusion of an amendment whereby the Board of Selectmen could defer nuisance or dangerous animal hearings to the Town Manager. This proposal received the least support from the Committee for various reasons, including the arbitrary nature of the deferment decision and the potential for one individual (i.e. the Town Manager) to act as the decision-making body. Ultimately the support for the rest of the article overrode these concerns.

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