SPECIAL TOWN MEETING WARRANT
TOWN OF ROCHESTER
COMMONWEALTH OF MASSACHUSETTS
October 20, 2008 at 7pm
Rochester Memorial School, 16 Pine Street, Rochester, MA

ARTICLE 1: INSURANCE REIMBURSEMENT
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To see if the Town will vote to transfer a sum of money from the Insurance Reimbursement account $26,932.66 to the Police Department Replacement of Equipment Vehicle account #210-5870 or take any action thereon.

ARTICLE 2: LEASE OF LAND
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Lease of Land - Assessors Map 37, Lot 9
To see if the town will authorize the Board of Selectmen to lease, for not more than ten years, upon such terms and conditions as the Board of Selectmen determines to be in the best interest of the town, a portion of the town-owned land known as Pine Street, to a not for profit entity that will install and be responsible for the care and operation of recreational fields for youth sports activities,
or take any other action thereon.

ARTICLE 3: TRENCH REGULATIONS - JACKIE'S LAW MGL CHAPTER 82A
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To see if the Town will vote to designate the Building Inspector on private property and the Highway Surveyor on public property as the Town Officers to issue permits for the purpose of creating a trench as that term is defined by MGL 82A, Section 4 and 520 CMR 14.00, et seq. and vote that the Board of Selectmen shall have the authority to establish fees for the issuance of such permits;
or to take any other action related thereto.

DESCRIPTION: Under Chapter 82A, S 2 of the Massachusetts General Laws and 520 CMR 14.00, the Town is required to have an officer or board designated as the local permitting authority to issue trench excavation permits. The officer or board will be responsible for issuing the required trench excavation permits for any trench that is greater than three feet in depth and is fifteen feet or less between soil walls as measured from the bottom. The local permitting authority may charge a reasonable fee to recover administrative costs.

ARTICLE 4: DEXTER LANE RECREATIONAL AREA
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To see if the Town will vote to transfer, raise and appropriate from available funds, the sum of $72,000 for the purpose of constructing a basketball court and playground at the Dexter Lane Recreational Area, and that the Board of Selectmen and the Park Commission are authorized to apply for, accept and expend any funds which may be provided for by the Commonwealth or other public or private sources to defray a portion or all of the costs of the project, including, but not limited to funding under the PARC Act (301 CMR 5.00) and/or Federal Land & Water Conservation Fund P.L. 88-568 Stat 897, and be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town in connection with said grants or funding. Provided however, that no funds shall be borrowed or expended by the Town in connection with this Article until such time as the Town receives funding, approval and confirmation of reimbursement from public or private sources in an amount equal to 60% of the cost of the project.

ARTICLE:5 GENERAL BY-LAWS RULES AND REGULATIONS PERTAINING TO DOGS
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To see if the Town will vote to amend the By-laws, Rules and Regulations Pertaining to Dogs as follows:

Section 2. Licenses and Tags

Insert New Paragraph Twelve (12):

The Town Clerk shall annually, on or about June 1, prepare a list of those dogs licensed the previous License Period that have not yet been licensed during the present License Period. The Town Clerk shall then mail a notice to the owner or keeper of said dogs that they are in violation of these Rules and Regulations and that a failure to obtain a license by July 1 shall result in the imposition of a twenty-five dollar fine and, if the dog remains unlicensed on September 1, will result in the issuance of a warrant to the Town dog officers pursuant to Section 10.

ARTICLE 6: RMS FEASIBILITY STUDY AND SCHEMMATIC DESIGN PHASE
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To see if the Town will vote to appropriate $365,000, said sum to be expended under the direction of the School Building Committee, for the cost of project management, architectural and/or engineering services and related costs for Feasibility Study and Schematic Design Phase to explore solutions to the deficiencies at the Rochester Memorial School, Pine Street, Rochester, Massachusetts 02770, Parcels on Assessors Map35 Lots 38 and 72B, for which a Feasibility Study and Schematic Design Phase the Town may be eligible for a grant from the Massachusetts School Building Authority (the "MSBA"); the MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection with the Feasibility Study and Schematic Design Phase in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto.