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		<subject index="0" >Warrant for 2005 Town Meeting</subject>

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COMMONWEALTH OF MASSACHUSETTS       

BERKSHIRE COUNTY					
	To one of the constables of the Town of Stockbridge in said county.

GREETINGS:

	In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of said Town, qualified to vote in Town affairs, to meet at the 
STOCKBRIDGE SPORTSMEN’S CLUB
24 WEST STOCKBRIDGE ROAD

in Stockbridge on MONDAY, THE SIXTEENTH DAY OF MAY 2005 at six-thirty o’clock in the evening Eastern Daylight Time, for the following purposes, to wit: 

ARTICLE 1.   To choose the following Town Offices viz: one Selectman for three years; one member of the Board of Assessors for three years; Town Collector for three years; one member of the Board of Health for three years; one member of the Board of Sewer and Water Commissioners for three years; one member of the Planning Board for five years; Treasurer for three years; one member of the Parks and Recreation Commission for three years; and one member of the Housing Authority for five years.

QUESTION 1.   Do you support the option of home delivery of mail by the U. S. Postal Service in the Town of Stockbridge?

All of said officers and said ballot question are to be voted for using the official ballots furnished the voters at the polls.  The polls will be opened at Town Hall, 6 Main Street, at 8:00 o’clock a.m. and may be closed at 6:30 o’clock p.m.  

Action on the other articles in the warrant will be taken up at 6:30 o’clock p.m. at the Stockbridge Sportsmen’s Club, 24 West Stockbridge Road, Stockbridge.

	ARTICLE 2.   To choose all other Town Officers necessary to be chosen at the Annual Town Meeting.

	ARTICLE 3.   	To hear the report of any Town Officer or Committee, and to see if the Town will vote to accept all printed reports, or to take any other action in relation thereto.

	ARTICLE 4.   	To see if the Town will vote to fix the salary and compensation of all elective officers of the Town as provided by Chapter 41, section 108 of the General Laws as amended:  Moderator, Selectmen, Town Clerk, Town Treasurer, Town Collector, Board Of Assessors, Board of Health, Tree Warden, and to raise and appropriate a sum of money therefor, or to take any other action in relation thereto. 
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	ARTICLE 5.   	To see if the Town will vote to raise and appropriate a sum of money for the following purposes, or to take any other action in relation thereto:
	Section 1.	MODERATOR 
		2.	   SELECTMEN’S DEPARTMENT 
                         3.        EXECUTIVE SECRETARY
		 4.	FINANCE DEPARTMENT
		 5.	RESERVE FUND
		 6.	ACCOUNTANT
		 7.	ASSESSORS’ DEPARTMENT
		 8.	TREASURER’S DEPARTMENT
		 9.	TOWN COLLECTOR’S DEPARTMENT
		10.	LEGAL DEPARTMENT
		11.	TOWN CLERK’S DEPARTMENT
		12.	ELECTIONS & REGISTRATIONS
		13.	CONSERVATION COMMISSION
		14.	PLANNING BOARD
		15.	BOARD OF APPEALS
		16.	TOWN HALL
		17.	TOWN REPORT
		18.	INFORMATION TECHNOLOGY DIRECTOR
		19.	POLICE DEPARTMENT
		20.	FIRE DEPARTMENT
		21.	LEE AMBULANCE SERVICE
		22.	ANIMAL CONTROL OFFICER
		23.	BUILDING INSPECTOR
		24.	GAS INSPECTOR
		25.	PLUMBING INSPECTOR
		26.	WIRE INSPECTOR
		27.	EMERGENCY MANAGEMENT
		28.	TREE WARDEN DEPARTMENT
		29.	VOCATIONAL EDUCATION
		30.	ENGINEERING DEPARTMENT
		31.	HIGHWAY DEPARTMENT
				a.) MACHINERY
				b.) COMPACTOR
				c.) CEMETERY			
		32.	STREETLIGHTS
		33.	TRASH REMOVAL
		34.	SEWER DEPARTMENT
		35.	WATER DEPARTMENT
		36.	HYDRANT RENTAL
		37.	HEALTH DEPARTMENT
				a) BOARD OF HEALTH
				b) HEALTH OFFICER
		38.	LEE REGIONAL VISITING NURSE ASSOCIATION
		39.	MENTAL HEALTH & SUBSTANCE ABUSE SERVICES 
		40.	COUNCIL ON AGING
		41.	VETERAN’S SERVICES
		42.	STOCKBRIDGE LIBRARY
		43.	CHIME TOWER 
		44.	PARKS & RECREATION COMMISSION
		45.	HISTORICAL COMMISSION
		46.	MEMORIAL DAY COMMITTEE                   
		47.	HISTORIC DISTRICT
		48.	LONG-TERM DEBT
		49.	SHORT-TERM DEBT
		50.	BERKSHIRE REGIONAL RETIREMENT SYSTEM
		51.	UNEMPLOYMENT COMPENSATION
		52.	BERKSHIRE COUNTY INSURANCE GROUP
		53.	INSURANCE
		
ARTICLE 6.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money for the assessment of the Berkshire Hills Regional School District, or to take any other action in relation thereto.

ARTICLE 7.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money toward the Berkshire Hills Regional School District’s capital cost of constructing the new school buildings, or to take any other action in relation thereto.

	ARTICLE 8.   To see if the Town will vote to allow the Berkshire Hills Regional School District to establish a Stabilization Fund according to the provisions of section 16G of Chapter 71 of General Laws, contingent upon the approval of a majority of District member municipalities at their respective 2005 Annual Town Meetings, or to take any other action in relation thereto.

	ARTICLE 9.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money for utilities and janitorial needs at the Plain School, or to take any other action in relation thereto. 

ARTICLE 10.   To see if the Town will vote to petition the General Court for the passage of a Special Act reading substantially as follows:

Section 1.   Chapter 241 of the Acts of 1910, as amended by Chapter 67 of the Acts of 1919, is hereby repealed.

Section 2.   The Town of Stockbridge is hereby authorized to make use of the real property transferred, assigned, set over and conveyed to the inhabitants of the Town of Stockbridge by the trustees of the Williams Academy in a warranty-deed entitled “Proprietors and Trustees of Williams Academy to Inhabitants of Stockbridge,” dated March 16, 1911, and by the Laurel Hill Association in a deed entitled “Laurel Hill Association to Inhabitants of the Town of Stockbridge,” dated March 25, 1920, for any lawful purpose that said Town deems appropriate.

Section 3.   This act shall take effect upon its acceptance by a majority of the legal voters of the Town of Stockbridge present and voting at a legal meeting, in accordance with an article in the warrant therefor.

or to take any other action in relation thereto.

ARTICLE 11.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to purchase a four-wheel-drive vehicle for the Police Department, or to take any other action in relation thereto.

ARTICLE 12:  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to increase the Stabilization Fund, which sum is specified for the purchase of a fire truck, or to take any other action in relation thereto.

ARTICLE 13:  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to purchase new fire hose for the Fire Department, or to take any other action in relation thereto.
  
ARTICLE 14.  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money for blacktop for selected Town roads as determined by the Board of Selectmen and the Highway Superintendent, or to take any other action in relation thereto.
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ARTICLE 15.  To see if the Town will vote to transfer from the Stabilization Fund, a sum of money to be added to monies previously transferred by Article 15 of the 2003 Annual Town Meeting and Article 16 of the 2004 Annual Town Meeting for the closure of the Landfill on Glendale Middle Road, or to take any other action in relation thereto.

ARTICLE 16.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to be added to the Stockbridge Bowl Fund, established by Article 22 of the 1990 Annual Town Meeting pursuant to section 5 of Chapter 40 of the General Laws, to be used, upon further appropriation, for maintenance, dredging, cleaning or improvement of the Stockbridge Bowl; public access thereto; retaining walls, piers, wharves or moorings thereof; or law enforcement or fire prevention in connection therewith, or to take any other action in relation thereto.

ARTICLE 17.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money for the construction of a new water storage tank, or to take any other action in relation thereto.

ARTICLE 18.   To see if the Town will vote to transfer from Sewer Available Surplus a sum of money, to provide for a portion of the cost of the debt service payment (principal and interest) of the Sewer System Expansion and Update Project authorized by Article 3 of the Special Town Meeting of April 1, 2002, or to take any other action in relation thereto.

ARTICLE 19.   To see if the Town will vote to transfer from Sewer Available Surplus, a sum of money for the purchase of a riding lawn mower, or to take any other action in relation thereto.

ARTICLE 20.  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money as the Town’s share of the Fiscal Year 2005 expenses associated with the group purchasing program authorized by Article 25 of the 2001 Annual Town Meeting, or to take any other action in relation thereto.

ARTICLE 21.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to be added to the sums appropriated by Article 24 of the 1997 Annual Town Meeting and Article 24 of the 2004 Annual Town Meeting, to meet the Town’s share of the cost of participating with other communities for the collection of household hazardous waste, or to take any action in relation thereto.

ARTICLE 22.  To see if the Town will vote, as recommended by the Community Preservation Committee and pursuant to the Community Preservation Act, to:

a.	appropriate or transfer from available funds a sum of money to provide              financial assistance for the Pine Woods project for affordable housing purposes;
b.	appropriate or transfer from available funds a sum of money to the open space  reserve for open space purposes;
c.	appropriate or transfer from available funds a sum of money to a reserve     account to be spent, upon the approval of the Board of Selectmen, for repair and restoration of historic Town buildings to be used for Town offices, for historic preservation purposes;
d.	appropriate or transfer from available funds a sum of money to Chesterwood for historic preservation purposes; and
e.	appropriate or transfer from available funds a sum of money for the Community Preservation Committee’s administrative costs. 

or to take any other action in relation thereto.
ARTICLE 23.  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to digitalize the Town’s Assessor Map, or to take any other action in relation thereto.

ARTICLE 24.  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to hire a consultant to survey historic properties in Stockbridge, or to take any other action in relation thereto.

ARTICLE 25.  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money for legal and expert witness fees and related expenses associated with defending against actions filed in court challenging the Town’s Zoning Bylaws, Subdivision Regulations or seeking judicial review of decisions made thereunder, or to take any other action in relation thereto.

ARTICLE 26.  To see if the Town will vote to amend Article 27 of the 2003 Annual Town Meeting by striking  the year “2005” therefrom and replacing it with the year “2007”, or to take any other action in relation thereto.  

ARTICLE 27.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to retain the services of a consultant to provide technical assistance in reviewing the provisions of the Town’s Zoning Bylaws and Subdivision Regulations to ensure that such provisions are necessary and adequate to protect public safety, health and the environment, or to take any other action in relation thereto.  

		ARTICLE 28.   To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to perform restoration work on the Beach House at Stockbridge Bowl, or to take any other action in relation thereto.

		ARTICLE 29.   To see if the Town will vote to request the Board of Health to explore the possibility of the Town’s joining with the Towns of Lee and Lenox to form a Regional Health District pursuant to section 27B of Chapter 111 of the General Laws, to consist of a regional Board of Health, a Director of Health and any staff, and to make any recommendations to a future Annual or Special Town Meeting,  or to take any other action in relation thereto.

	ARTICLE 30.  To see if the Town will vote to ratify and confirm the Springfield Materials Recycling Facility Municipal Agreement with Recycle America Alliance and the Massachusetts Department of Environmental Protection for the receipt and processing of the Town’s recyclable materials at the Springfield Materials Recycling Facility for ten years, or to take any other action in relation thereto.

	ARTICLE 31:  To see if the Town will vote to amend the General Bylaws by adding the following thereto:

Article XXIII
Regulation of Dogs and Kennels

Section 1. Dog Licenses and Tags

A person who, as of April 1 of any calendar year, is, or at any other time of the year becomes the owner or keeper within the Town of a dog of at least six (6) months of age shall obtain a license and tag therefor from the Town Clerk and shall attach the tag to a collar or harness of said dog. If any such tag is lost, the owner or keeper of such dog shall secure a substitute tag from the Town Clerk. 

When applying for a dog license the applicant must show proof, by a licensed veterinarian's certificate, that the dog has been vaccinated against rabies, as required by sections 137 and 145B of Chapter 140 of the General Laws.

Section 2. Dog License Fees

The annual fee for every dog license, except as otherwise provided for by law, shall be as follows:

Male..........................................$10.00
Female......................................$10.00
Neutered Male............................$4.00
Spayed Female...........................$4.00
Substitute Tag.............................$1.00
Transfer License.........................$1.00

No license fee shall be charged for a dog certified to serve a blind person or a deaf person, provided that the dog is actually in the service of a blind or deaf person.

No license fee or any part thereof shall be refunded because of the subsequent death, loss, spaying, neutering or removal from the Commonwealth or other disposal of the dog.

Section 3. Kennel Licenses
No person shall maintain a kennel in the Town of Stockbridge without first obtaining a license therefor from the Town Clerk.  Such license shall be renewable annually no later than March 31 of each year.
The annual fee for every kennel license shall be as follows:
One to four dogs……..…..….......$20.00
Five or more dogs……….............$40.00

Section 4.  Late Fees

If any person fails to obtain a license required by this Article by May 1, or within one (1) month of the effective date of the licensing requirement, a late fee of ten dollars ($10.00) shall be charged.

If any person fails to obtain a license required by this Article by June 1, or within two (2) months of the effective date of the licensing requirement, a late fee of twenty-five dollars ($25.00) shall be charged.

or to take any other action in relation thereto.

		ARTICLE 32.  To see if the Town will vote to transfer a sum of money from Certified Free Cash for the purpose of lowering the property tax rate, or to take any other action in relation thereto.

ARTICLE 33.  To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to increase the Stabilization Fund as defined in  section 5B Chapter 40, of the General Laws, or to take any other action in relation thereto.

		ARTICLE 34.  Petition Article -  Petition For Peace

	Where as; resident voters of Stockbridge, Massachusetts supports peace.

	Where as; we have no quarrel with ordinary men, women and children of Middle East.

	Where as; the billions of dollars spent to stage, invade and occupy the Middle East are billions of dollars taken away from Education, Health, and Social services.

Where as; this petition will be sent to state and federal governmental representatives, indicating the town’s desire for PEACE.

	ARTICLE 35.   Petition Article – Special Act 

To see if the Town will vote to direct the Board of Selectmen to file a Special Act with the Massachusetts General Court and to take any and all other necessary steps to establish the position of Town Manager in the Town of Stockbridge.~ The Town Manager is to be the chief administrative officer of the Town.~ He or she would be responsible to the Board of Selectmen for the effective management of all Town affairs placed in the Town Manager’s charge by the Special Act, the Board of Selectmen, or vote of the Town Meeting.~ The Town Manager is to be responsible for the implementation of Town policies, established by the Board of Selectmen.
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ARTICLE 36.  To transact any other business that may legally come before this meeting. 

You are directed to post true and attested copies of this Warrant, one in each of the Post Offices of said Town, the Town Hall, Stockbridge Firehouse and Interlaken Firehouse, at least seven days before time of said meeting.  Hereof fail not and make due return of this warrant with your doings thereon to the undersigned or to the Town Clerk at or before the time of said meeting.

Given under our hands at Stockbridge, April 25, 2005

				Board of Selectmen

					J. Cristopher Irsfeld, Chairman

                                                     	Deborah S. McMenamy

				            George E. Shippey

_______________________                  _______________
Indicate Method of Service                     Date

					POSTED AT:
					Stockbridge Post Office
______________________		Glendale Post Office
Constable				Stockbridge Firehouse
				Interlaken Firehouse
					Stockbridge Town Hall