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11:43:34 pm Special Mattapoisett Town Meeting - November 2, 2009

Categories: Mattapoisett

The Special Mattapoisett Town Meeting was called to order by Town Moderator Jack Eklund at 7:00 pm on Monday, November 2, 2009. Also in attendance were Selectmen Jordan C. Collyer, Paul A. Silva, and George Randall, Town Administrator Michael Gagne', Town Clerk Barbara Sullivan, Town Accountant Suzanne Szyndlar, and Finance Committee members Gary Johnson, Pat Donahue, Dennis Perry, Richard Gamache, Judith Mooney, Donald Carlstorm, and John Clifford, and 194 Mattapoisett voters.

After the Pledge of Allegiance, Mr. Eklund asked all present to give a moment of silence to those Town Meeting members who have passed, particularly Blanche Perry who passed away recently. Mr. Eklund welcomed all present and introduced new Town Administrator Michael Gagne' to the Town.

Before delving into the first article, Mr. Eklund asked the voters to "please avoid personalities. All opinions deserve respect."

Article 1 on the Warrant was submitted by the Board of Selectmen and the Highway Surveyor, and asked voters for the maintenance of private roadways by the Highway Department with several restrictions. Among those restrictions are: roads repaired by the Town would remain private in ownership but be open in the future for public use, that the Town is released from any liability in property damage resulting from the repairs of these roads, and that grading work on the roads would be limited to twice annually.

The first article was the greatest source of debate for the evening, and despite confidence that Mr. Eklund could remain impartial on the topic, since he is a resident of a private road, he requested that former Town Moderator Don Fleming moderate the private roads article.

The first question came from Shirley Pearson, who was concerned that the article could allow the Town to make repairs to a private road without the request of the road residents, thereby making a road public without a request for road work. Chairman Selectman Collyer assured Ms. Pearson that the Highway Department would only make repairs if so requested by the road residents, and that private roads owners could still make repairs privately to maintain their complete private status if they chose. "We believe that what we are putting forward is the most vanilla bylaw as spelled out by Mass General Law," Chairman Collyer said.

Michael Jolliffe, a resident of a public road, asked what the bylaw's implications would be for snow removal. Chairman Collyer informed him that issues concerning snow removal would be placed on the April annual ballot. Snow removal was not to be addressed at the Special Town Meeting since the bylaw proposed by the Board of Selectmen and Highway Surveyor Barry Denham was really addressing the issue of grading and the legal use of private roads for school buses, ambulances, and other necessary services for residents.

"The issue many of you have, as I understand it, is the language of it," said Mr. Fleming. "It doesn't mean you can park on the road, it doesn't mean you can use the private beach. In many ways, it won't change anything."

Jeff Riley, a public road resident, was concerned about who was going to pay for the fuel needed to operate the town equipment, the town equipment upkeep, and the labor. He felt that the issue was being rushed and wanted a study committee to examine the full ramifications of allowing the Town to maintain private roads. Chairman Collyer told him that the proposed bylaw wasn't rushed, and that it's been on the table for 10 or 11 months, but that some of the roads need work in order to be plowable, and that is why there is a push to pass the bylaw, which can be addressed annually, at the Special Town Meeting.

"I think the citizens of this town always want to take care of their neighbor," Mr. Fleming said.

"I don't cherish to pit neighbor against neighbor," Mr. Riley responded. "But I knowingly bought my house on a public road. People on private roads knew what they were buying."

Patricia Aleks brought before Town Meeting an amendment to the article, to continue the status quo of maintenance on private roads, with the town maintenance ending on October 31 to give the private roads residents and associations time to decide what they would do about repairs and snow removal. Ms. Aleks' amendment was seconded, but ultimately thrown out because the amendment was not authorized by a statute and Mr. Fleming said that it would possibly bind further town meetings.

As the debate continued, several points of concern were addressed: private roads, although made public by town maintenance, would remain private in ownership and certain features, like speed bumps, would still be allowed. Private road residents would not be forced to buy materials from the town, but could purchase their own materials for grading as long as the materials were considered acceptable by the Highway Surveyor. The town would not be responsible for any damages made to private property in the road upkeep, and if a person were injured, such as a walker or cyclist, as the result of the road, the town would also not be liable.

Barry Denham spoke to the voters, and gave them an overview of his perspective as Highway Surveyor. There are 75 miles of road in Mattapoisett; 44 miles of those roads are public, and 30.5 are private. "If you decide tonight that you want me to work on private roads, then that is your order, but work on private roads takes from public [road work]," Mr. Denham said.

Jeff Riley stood again and motioned to table the article. The motion to table was voted down.

Kimberly Ward responded to comments made by Mr. Denham, and asked, since the town maintenance has ceased on private roads, what Mr. Denham has done with the extra man-hours. Ms. Ward has been an ongoing advocate for keeping status quo in the town's maintenance of private roads.

Joyce Almeida used Mr. Denham's information to advocate for Article 1. She thought if there are that many private road residents in Mattapoisett, then the appropriation of money for private road maintenance would be using tax payer money in a way that is beneficial to a large segment of the town.

Mr. Fleming ended discussion on the matter and asked for a vote to accept Article 1, which needed a simple majority vote. Article 1 passed 174 to 20.

After Article 1 was resolved, Mr. Eklund resumed his role as Town Moderator.

Article 2 was submitted by the Mattapoisett School Committee and asked voters for the appropriation of $2,313.45 from an insurance settlement to be used to replace damaged equipment at the Old Hammondtown School. This article required a simple majority vote and passed 120 to 0.

Article 3 was submitted by the Mattapoisett School Committee and asked voters for the appropriation of funds from a lawsuit settlement in the sum of $196,579 for deficiencies in the work at the Old Hammondtown School. The appropriated funds would pay for work on the "List of Outstanding Work at the Old Hammondtown School Project" and would authorize the School Department to use these funds as needed. Article 3 required a simple majority vote and passed 120 to 0.

Article 4 was submitted by the Board of Selectmen and the Town Administrator, and asked voters for supplemental funding in fiscal year 2010. The Town voted to appropriate the sum of $33,247 from available funds for the purpose of supplementing the funding at the May 11 Annual Town Meeting under Article 2. Under the Elections line item, $7,500 was to be appropriated; under the Veterans Benefits line item, $25,747 was to be appropriated. The elections line item is necessary to update voting equipment since the Town will have an election to replace Senator Kennedy. Article 4 required a simple majority vote and passed 119 to 1.

Article 5 was submitted by the Town Administrator and asked voters for the appropriation of $8,403 from available revenues to pay various Town department expenses during the previous fiscal year and gave authorization to the Town Administrator to pay outstanding invoices. Among other projects, the money will be used to pay for a handicap ramp at Town Hall. A nine-tenths majority vote was needed. Article 5 passed 120 to 0.

Article 6 was submitted by the Board of Selectmen, the Fire Chief, and Town Administrator, and asked voters for the appropriation of $13,500 from available revenues to fund the replacement of the heating system inside the Fire Station, and to authorize the Fire Chief to enter into contracts for materials and labor in the heating system's replacement. The current furnace had to be serviced four times last year and once already in September 2009. The Article passed 120 to 0.

Article 7 was submitted by the Bike Path Committee and asked voters to authorize the Board of Selectmen to accept a gifted easement or interest in fee from the YMCA on Reservation Road for the bike path route. The Board of Selectmen can take the stretch of land as either an easement or under ownership. A two-thirds majority was needed for Article 7, which passed 120 to 0.

Article 8 was submitted by the Bike Path Committee and asked voters to authorize the Board of Selectmen to accept a gifted easement from the Mattapoisett Housing Authority for the bike path route. A two-thirds majority was needed to accept this easement, which is adjacent to Acushnet Road near the Railroad right-of-way. Article 8 passed 120-0.

Article 9 was submitted by the Board of Selectmen and the Town Administrator and asked voters for a transfer between line items for fiscal year 2010 on appropriations made at the May 2 Annual Town Meeting. The transfers were $5,000 from full-time highway wages to road repairs and maintenance, and $5,000 from full-time highway wages to part-time personnel. Article 9 needed a simple majority and passed 109 to 1.

Article 10 was submitted by the Board of Selectmen and asked voters for the appropriation of a sum of $200,000 from available revenue to the Stabilization Fund. Article 10 passed 105 to 0.

Article 11 was submitted by the Town Administrator and asked voters for the appropriation of a sum of money to determining the cause and responsibility for the Center School's leaking roof, with the ultimate goal of fixing the leak. Both in the historic and new section of the Center School, there is leaking that is believed to be the result of bad materials and faulty workmanship. In order to proceed with a case against the contractor, $50,000 is needed for third party analysis. If a lawsuit is filed, the $50,000 will be part of the claim against the contractor. Article 11 needed a simple majority and passed 100 to 0.

Article 12 was submitted by the Town Administrator and asked voters for the appropriation of $5,000 to design a new heating, ventilation, and air conditioning system at the Town Hall, and that the Town would apply for consideration in funding the project with the Commonwealth of Massachusetts Green Communities Energy Conservation Improvement Fund. This sum of money is only for the design of a system so the Town can apply for grants to improve the carbon footprint of the Town Hall. Article 12 required a simple majority and passed 100 to 0.

Article 13 was submitted by the Board of Selectmen and asked voters for the appropriation of $25,000 from available revenue to supplement the Reserve Fund line item, as voted at the May 2 Annual Town Meeting under Article 2. Article 13 required a simple majority and passed 98 to 0.

Article 14 was submitted by the Board of Selectmen and asked voters for the appropriations of $50,000 from available funds to the Town's Capital Stabilization Fund. A two-thirds majority was required for Article 14, which passed 98 to 0.

Article 15 was submitted by the Town Administrator and asked voters for a transfer from the reserves of: Sewer Enterprise Fund Interest Expense in the amount of $1,893.57; and the Waterfront Enterprise Fund Principal and Interest Expense in the amount of $3,686.50. The Article further authorized the Town Accountant to make necessary disbursements to various accounts. A simple majority was needed for Article 15, which passed 98 to 0.

Moderator Eklund thanked the voters for attending the Special Town Meeting and adjourned the Special Town Meeting at 9:00 pm.

By Anne O'Brien-Kakley

1 feedback » • Permalink

Comments:

Comment from: Bill Carson [Visitor] · http://aol.com

11/04/09 @ 06:27

The only way article one will work is if the lot owners file a quit claim through the Plymouth Registry of Deeds.There is no way around a deed change. The town hall will have to hire someone to keep records of the sales and purchases of lots of land. A simple handwritten note will not suffice.

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