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    Election and Meeting Results

    Town of Marion Recount - June 23, 2006
    QUESTION 1: $3.4 million override for new Police Station?
    YES 626
    NO 626
    Blank 32

    Rochester Special Election, June 14, 2006
    QUESTION 1: Allocate $35,000 to upgrade the electrical and handicap accessibility for the Rochester Town Hall?
    Yes 205
    No 228
    QUESTION 2: Allocate $100,000 to fund road repairs for the Highway Department?
    Yes 205
    No 228
    QUESTION 3: Allocate $103,000 to fund educational services for Rochester Memorial School?
    Yes 182
    No 252

    Rochester Annual Town Meeting

    June 5, 2006

    By Kenneth J. Souza

    The Annual Town Meeting for the Town of Rochester was called to order at 7:00 pm in the cafetorium of Rochester's Memorial School by Town Moderator Greenwood "Woody" Hartley having noted the presence of a quorum of some 125 voters. After a Salute to the Flag and a moment of silence for all military personnel serving both domestically and abroad, Mr. Hartley reviewed the procedures for Town Meeting.

    Mr. Hartley then introduced Ginny Cutler to make a presentation on behalf of the Rochester Scholarship Committee. Then Jeff Costa, who has raised funds for the Scholarship Committee via an annual yard sale for the past two years, presented scholarship awards to the following: Katharina Rentumis; Katie Jones; Lauren Adamson; and Amy Biever.

    Voters then proceeded to consider the five-article Special Town Meeting warrant within the Annual Town Meeting beginning with ARTICLE 1, which sought to rescind the town's existing by-law prohibiting the broadcasting and/or recording of Town Meetings. The measure would, in turn, allow the taping and broadcasting of future Town Meetings.

    Article 1 passed via majority vote.

    Under ARTICLE 2, voters were asked to transfer from the Annual Town Meeting of June 6, 2005, Article 4 Line Item 4-7 Reserve Fund $17,334.91 to Article 4 Line Item 4-87 Snow Removal Wages $7,877.30 and to Article 4 Line Item 4-88 Expenses $9,457.61.

    Article 2 passed unanimously.

    Under ARTICLE 3, voters were asked to transfer from the Annual Town Meeting of June 6, 2005 Article 4 Line Item 4-7 Reserve Fund $22,600 to fund the purchase of a sander cab and chassis for the Highway Department.

    Article 3 passed unanimously.

    Under ARTICLE 4, voters were asked to transfer from the Annual Town Meeting of June 6, 2005, Article 4 Line Item 4-19 Treasurer Administrative Assistant to Line Item 4-20 Treasurer Expenses $1,812 to supplement Line Item 4-20, Treasurer Expenses.

    Article 4 passed unanimously.

    Under ARTICLE 5, voters were asked to transfer $50,000 authorized in Article 15 line item 5-3, Library Repairs, of the June 6, 2005 Annual Town Meeting for the purpose of completing the ongoing repairs at the Joseph H. Plumb Memorial Library.

    "This is really the second year of a three-year installment to complete the repairs to the library," said Finance Committee (FinCom) Chairman Michael Costa.

    Article 5 passed unanimously.

    FinCom Chairman Michael Costa then offered a brief overview of the town's financial status going into the Annual Town Meeting, which is requesting a General Operating Budget of $14.5 million for Fiscal Year (FY) 2007.

    "Education constitutes about 64 percent of the town's budget ... so the town's overall budget is really driven by education," Mr. Costa said.

    Turning their attention to the Annual Town Meeting warrant, voters began by considering ARTICLE 1, which asked voters to accept the annual report of all town officers and committees.

    Article 1 passed unanimously.

    Under ARTICLE 2, voters were asked to fix the salaries of the elected officials of the Town for the Fiscal Year commencing July 1, 2006 and ending June 30, 2007 as follows: Moderator - Annual Town Meeting: $100; Moderator - Special Town Meeting: $50; Board of Selectmen, Chairman: $4,363; Board of Selectmen, each member: $3,430; Board of Assessors, each member: $8,037; Board of Assessors Assessment Administrator: $15.45 per hour; Town Treasurer: $19,030; Tax Collector: $19,030; Town Clerk: $19,030; Tree Warden: $573; Constables: $8.04 per hour; Highway Surveyor: $60,870; Board of Health, Chairman: $1,724; Board of Health, each member: $1,437; and Herring Inspector: $364.

    Article 2 passed, as amended, via majority vote.

    Under ARTICLE 3, voters were asked to amend the town's Classification and Compensation Plan to reflect a 2.5 percent cost of living increase for all positions.

    Article 3 passed unanimously.

    Under ARTICLE 4, voters were asked to approve a total $14.52 million General Operating Budget for FY 2007, by transferring $298,851 from Free Cash; $10,000 from the Dog Fund; $7,000 from Article 8 of the February 25, 2002 Special Town Meeting; and raising and appropriating $14.204 million within the tax levy limit.

    After some minor amendments and adjustments to individual budget line items, Article 4 passed via unanimous vote.

    Under ARTICLE 5, voters were asked to assess an additional $103,000 for the purpose of funding educational services for the Rochester Memorial School subject to voters approval of an override under the provisions of Chapter 59, Section 21c(g) of the General Laws of Massachusetts.

    Article 5 passed unanimously.

    Under ARTICLE 6, voters were asked to transfer $69,000 from the Overlay Surplus and $29,000 from Free Cash to purchase a new Assessing System for the Board of Assessors and to upgrade the Electrical System in Town Hall, and also raise and appropriate $35,000 to make the Town Hall handicap accessible.

    Article 6 passed via majority vote.

    Under ARTICLE 7, voters were asked to raise and appropriate $100,000 for the purpose of road repairs by the Highway Department.

    Article 7 passed unanimously.

    Under ARTICLE 8, voters were asked to transfer $1,471 from Free Cash to fund the following: Planting of Shellfish (Marion): $300; Silvershell Beach (Marion): $300; Tri-Town River Commission: $300; and Buzzards Bay Action Committee (BBAC): $571.

    Article 8 passed unanimously.

    Under ARTICLE 9, voters were asked to transfer $2,000 from Free Cash for the purposes of funding the New Bedford Women's Shelter for FY 2007.

    Article 9 passed unanimously.

    Under ARTICLE 10, voters were asked to transfer $10,000 from Free Cash for the payment of accumulated sick leave.

    "This would be paid out to individuals when they leave (the employ) of the town," said FinCom Chairman Michael Costa. "What we did a few years ago was set aside $10,000 to cover (additional sick time) when they leave."

    Article 10 passed unanimously.

    Under ARTICLE 11, voters were asked to authorize revolving funds for certain town departments under Massachusetts General Laws (MGL), Chapter 44 Section 53E 1/2 for the Fiscal Year beginning July 1, 2006.

    Article 11 passed unanimously.

    Under ARTICLE 12, voters were asked to authorize the Town of Rochester to enter into an inter-municipal agreement with one or more other governmental units to provide public health services which the Board of Health is authorized to perform.

    Article 12 passed unanimously.

    Under ARTICLE 13, voters were asked to adopt the so-called Community Preservation Act (CPA) under MGL Chapter 44B, Sections 3 to 7, inclusive and to set a surcharge of one percent on real estate property to fund the town's Community Preservation Fund beginning in FY 2007.

    Based on an average home in Rochester valued at $342,900, the one-percent CPA assessment would cost residents about $23.99 a year and garner some $100,000 annually for the town with state matching funds.

    "If we pass this, we'll be getting additional matching funds from the state," said Richard Cutler.

    "This seems to me (to be) a tax on a tax," said resident Frank Cabral. "Everybody says we get state funding. But where do you think the money from the state comes from? It comes from us. It's a tax on a tax ... think about it."

    "Preservation of open space is vital for the well-being of communities in the Commonwealth," said resident Bill Kiernan. "On average, land that is in open space contributes $1 to the tax base and consumes only 70 cents in services."

    Article 13 passed via majority vote.

    Under ARTICLE 14, voters were asked to establish a nine-member volunteer Rochester Community Preservation Committee as described in the Community Preservation Act, Chapter 44B to study the needs, possibilities and resources of the town and make recommendations to Town Meeting regarding community preservation in the areas of open space, historic resources, community housing and public recreation.

    Article 14 passed via majority vote.

    Under ARTICLE 15, voters were asked, by petition, to rescind the vote of the Annual Town Meeting dated June 7, 1999 establishing a Historic District Commission and Historic District in the Town of Rochester, thereby eliminating the Rochester Historic District and the Rochester Historic District Commission.

    Before any discussion or debate ensued, a pre-emptive motion was made to table Article 15, which failed, 56 in favor to 97 against.

    "I've lived in this town for a long time and I just can't believe the people on the (Historic District Commission) wouldn't let people put up a shed (on their own property)," said resident David Watling. "No one else in town has these restrictions put on them."

    "I've got a good idea, maybe the whole town should be an historic district so you all can enjoy the benefits," said resident Tom Strutski, adding a motion to that effect, which failed to garner enough support.

    "I am against the Historic District," said former Historic District Commission member Pamela J. Robinson. "I feel if you are paying taxes, you (should) have the right to choose your own style and colors."

    But Historic District Commission Chairman Susan Adams countered they were just trying to retain the rural and open character of the town center and none of the applications they received since the commission's inception were restrictive in terms of paint color or building style.

    "You work hard for your home, which is your castle, and you're going to have somebody tell you what you can do with it?" asked Frank Cabral. "Just think about it ... the people that are on (the Historic District Commission) are on nothing but a big power ego trip."

    "I live within the historic district and I support it," said resident Susan Peterson. "This is the reason why we all love Rochester ... the sprawling lawns, the big houses. The Historic District will protect us from losing that."

    With that, Article 15 failed to garner the required 2/3 majority vote, 83 to 62.

    ARTICLE 16, which would have asked voters to remove Gifford Park and the Dexter Lane Playing Fields/Recreational Facility from the boundaries of the Rochester Historic District, was indefinitely postponed via unanimous vote.

    Under ARTICLE 17, voters were asked to accept an appropriation of $171,784 in state Chapter 90 funds for repairs and renovations to roads in Rochester.

    Article 17 passed unanimously.

    ARTICLE 18, which would have asked voters to transfer money from Free Cash into the town's Stabilization Fund, was unanimously tabled.

    There being no further articles to consider, Rochester's Annual Town Meeting adjourned for the evening at 10:31 pm.

    Marion Annual Election May 30, 2006
    Selectman (3 years)
    David K. Pierce 579
    Roger F. Blanchette 666
    Assessor (3 years)
    Ray Pickles 960
    Town Moderator (1 year)
    David B. Titus 1021
    Board of Health (3 years)
    Samuel W. McFadden 1059
    Planning Board (3 years)
    Peter F. Winters 872
    Marion School Committee (2 seats, 3 years)
    Joseph A. Berry 887
    John J. Russell 906
    Open Spcae Acquisition Commission (3 years)
    Sue Maxwell Lewis 990
    QUESTION 1: $3.4 million override for new Police Station?
    YES 624
    NO 621
    QUESTION 2: $125,000 to close the Benson Brook Landfill?
    YES 726
    NO 496

    Mattapoisett Annual Election May 16, 2006
    Selectman (3 years)
    Stephen J. Lombard 667
    Stephen R. Hanna 547
    Assessor (3 years)
    David Kiernan 901
    Mattapoisett School Committee (3 years, 2 seats)
    Virginia Callery Beams 836
    Gracinda M. Knox 829
    Trustee of Public Library (3 years, 2 seats)
    Marianne F. Decosta 973
    Robert M. Walker 819
    Town Moderator (1 year)
    John A. Eklund 934
    Water/Sewer Commissioner (3 years)
    James F. Huntoon806
    Board of Health (3 years)
    Russel L. Bailey 922
    Planning Board (5 years, 1 seat)
    Karen J. Field 958
    Mattapoisett Housing Authority (5 years, 1 seat)
    Eileen Sargent 935
    Highway Surveyor (3 years)
    Barry J. Denham 642
    Peter A. Gast 443
    Robert Martin 134



    Marion Annual Town Meeting
    May 15-16, 2006


    ARTICLE 1 - to set the following compensation for Elected Officials: Board
    of Selectmen ($4,806 each); Board of Assessors ($4,605 each); Board of
    Health ($1,776 each); Town Clerk ($19,111 a year); Treasurer ($28,529 a
    year); Collector ($28,529 a year); and Town Moderator ($233 for Annual Town
    Meeting and $77 for Special Town Meetings).
    Article 1 passed via majority vote, 230 to 10.

    ARTICLE 2 - to approve a total $16.030 million General Operating Budget for
    Fiscal Year 2007.
    Article 2 passed via majority vote, 225 to 5.

    ARTICLE 3 - to transfer $24,343.02 to the Marion Planning Board budget to
    fund a 30-hour-per-week clerical position.
    Article 3 was defeated, 220 to 10.

    ARTICLE 4 - to appropriate a total $1,177,876 to be used to operate the
    Water Enterprise Fund ($662,551 for salaries and expenses; $387,060 for
    debt; and $128,265 for indirect costs).
    Article 4 carried via majority vote, 195 to 5.

    ARTICLE 5 - to appropriate a total $2,014,529 to be used to operate the
    Sewer Enterprise Fund ($479,538 for salaries and expenses; $1,392,024 for
    debt; and $143,030 for indirect costs).
    Article 5 carried unanimously, 200 to 0.

    ARTICLE 6 - to appropriate $3.416 million to fund the final design,
    construction and equipping of a new Police Station to be located on a parcel
    of land donated to the town by Tabor Academy.
    Article 6 passed via the required two-thirds vote, 190 to 5.

    ARTICLE 7 - to appropriate $35,000 for the Department of Public Works (DPW)
    to purchase and equip a one-ton, four-wheel-drive heavy duty dump truck with
    plow.
    Article 7 carried unanimously, 150 to 0.

    ARTICLE 8 - to transfer $25,000 to be used by the Marion DPW to make repairs
    to the roof of the Elizabeth Taber Library.
    Article 8 carried unanimously, 150 to 0.

    ARTICLE 9 voters were asked to appropriate $125,000 for gas well
    installations, environmental monitoring, engineering and related costs for
    the ongoing closure of the Benson Brook Landfill.
    Article 9 carried unanimously, 150 to 0.

    ARTICLE 10 - to transfer $10,000 from Free Cash to be used by the Sippican
    School Major Maintenance Committee to make repairs to and alignment of the
    water pumps at Sippican School.
    Article 10 carried unanimously, 150 to 0.

    ARTICLE 11 - to transfer $100,000 into the Stabilization Fund.
    Article 11 carried unanimously, 150 to 0.

    The second night of Town Meeting convened at 7:03 pm on Tuesday, May 16 with the initial consideration of a two-article Special Town Meeting warrant.
    Under ARTICLE S1 voters were asked to transfer $80,000 from Free Cash to supplement the Department of Public Works' (DPW) Utilities budget ($35,000) and the DPW's Snow and Ice Removal budget ($45,000).

    Article S1 passed unanimously, 120 to 0.
    Under ARTICLE S2 voters were asked to transfer $26,000 from Free Cash to be added to money already appropriated under Article S4 of the April 26, 2005 Special Town Meeting to fund the closure of the Benson Brook Landfill.

    Article S2 passed unanimously, 120 to 0.
    Resuming with the Annual Town Meeting warrant, under ARTICLE 12 voters were asked to raise and appropriate $3.8 million for the design, permitting, construction and related costs for water distribution improvements, specifically including new water mains in the "village loop" and a water transmission line connecting the Marion water system to the Mattapoisett River Valley Water District System.
    Article 12 passed via the required two-thirds vote, 115 to 5.

    Town Meeting voters also:
    * Passed ARTICLE 13 to set the interest rate on sewer betterment assessments at two percent above the rate of interest chargeable to the Town of Marion, thereby setting the rate at 2.33 percent (116 to 4).
    * Passed ARTICLE 14 to accept the provisions of MGL, Chapter 44, Section 55C to establish a Municipal Affordable Housing Trust Fund (110 to 0).
    * Passed ARTICLE 15 to authorize the Board of Health's Health Director to enter into an agreement with one or more other governmental units to provide public health services in accordance with an Intermunicipal Mutual Aid Agreement (100 to 0).
    * Passed ARTICLE 16 to amend Article III, Section 2 of the town's by-laws to redefine the make-up of the Finance Committee (FinCom) to consist of five regular members and up to three associate members (100 to 0).
    * Passed ARTICLE 17 to authorize the Board of Selectmen to grant a conservation restriction to the Sippican Lands Trust, Inc. on a two-acre parcel of land to be used as a launching site for canoes and kayaks (100 to 0).
    * Passed ARTICLE 18 to approve the Open Space Acquisition Commission's purchase of a 250-acre parcel of property known as the White Eagle Bog for $195,000 -- with the town paying $80,000 of that amount out of the Marion Land Bank (85 to 5).
    * Tabled ARTICLE 19 to amend the town's Zoning By-Laws to define a "Village Commercial (Overlay) District" (80 to 0).
    * Defeated ARTICLE 20 to amend the Zoning By-Laws to better define requirements for residential accessory piers (failed to garner required two-thirds vote, 48 to 32).
    * Passed ARTICLE 21 to amend the Zoning By-Laws to include notification to the Tree Warden, Building Commissioner and Building Inspector prior to any plan submissions (80 to 0).
    * Passed ARTICLE 22 to amend the Zoning By-Laws to rezone a section off Route 6 to put all property owned by the Washburn family under a commercial zone (75 to 0).
    * Passed ARTICLE 23 to authorize the Board of Selectmen to apply for state and federal grants on behalf of the town (75 to 0).
    * Passed ARTICLE 24 to transfer $9,000 from the Chester A. Vose Fund to reduce the tax rate (75 to 0).
    * Passed ARTICLE 25 to authorize the Board of Selectmen to defend suits of law (75 to 0).
    * Passed ARTICLE 26 to authorize the Board of Selectmen to sell any article belonging to the town provided the town has no further use for same (75 to 0).
    * Passed ARTICLE 27 to authorize the Board of Selectmen to sell or transfer any taxation possession property held by the town pursuant to MGL Chapter 60, Section 77 (75 to 0).
    * Passed ARTICLE 28 to consider the reports of all town officers and committees (75 to 0).
    * Passed ARTICLE 29 to approve the Annual Town Election ballot to be held on Tuesday, May 30 (75 to 0).
    TOWN OF MATTAPOISETT
    SPECIAL TOWN MEETING
    MAY 8, 2006, 7:30 PM
    OLD ROCHESTER REGIONAL HIGH SCHOOL AUDITORIUM


    ARTICLE 1. HIGHWAY SURVEYOR
    To see if the Town will vote to change the elected Highway Surveyor position to an appointed Superintendent of Streets position by authorizing the Board of Selectmen, pursuant to G.L. c.41, S21, to appoint a Superintendent of Streets; provided however that such change will not take effect until approved by the voters of the Town at a Town Election, or take any other action relating thereto.
    ARTICLE 1: Highway Surveyor - DEFEATED, 66 to 225.

    ARTICLE 2. SUPPLEMENTAL APPROPRIATIONS
    To see if the Town will vote to transfer from available funds the amount of nine thousand dollars ($9,000.00), such amount to be added to the fiscal year 2006 appropriation as voted by the annual town meeting of May 10, 2005, account 01-155-002-5300-15 Computer - Other Prof Services, for start up expenses to activate "Virtual Town Hall", or take any other action relative thereto.
    ARTICLE 2: Virtual Town Hall - PASSED, 200 to 80.

    ARTICLE 3. UNPAID BILLS FROM A PRIOR FISCAL YEAR
    To see if the Town will vote to appropriate the sum of one thousand four hundred thirty-four dollars and eighty-two cents ($ 1,434.82), for the purpose of paying bills from a prior fiscal year for temporary employee service, legal services, water usage at Town Beach, and telephone, or take any other action relative thereto.
    ARTICLE 3: Prior Years' Bills - PASSED, 243 to 7.

    ARTICLE 4. RESERVE - GENERAL FUND
    To see if the Town will vote to transfer from available funds the sum of forty thousand dollars ($40,000.00) for appropriation to the Fiscal Year 2006 Reserve Fund, or take any other action relative thereto.
    ARTICLE 4: Transfer into Reserve Fund - PASSED, 239 to 11.

    ARTICLE 5. RESERVE - WATER ENTERPRISE
    To see if the Town will vote to transfer the sum of fifteen thousand dollars ($15,000.00) from Water Enterprise Retained Earnings to the Fiscal Year 2006 Water Enterprise Reserve Fund, or take any other action relative thereto.
    ARTICLE 5: Water Enterprise Fund Transfer - PASSED, 249 to 1.

    ARTICLE 6. STABILIZATION FUND
    To see if the Town will vote to transfer from available funds the sum of three hundred thousand dollars ($300,000.00) for appropriation to the Stabilization Fund, or take any other action relative thereto.
    ARTICLE 6: Transfer into Stabilization Fund - PASSED, 250 to 0.

    ARTICLE 7. COMPUTER EQUIPMENT AND SOFTWARE
    To see if the Town will vote to transfer from available funds the sum of twenty thousand dollars ($20,000.00) for the purpose of purchasing and installing computer equipment and software in the Fire Department and Board of Health, such sum to be added to the appropriation approved in ARTICLE 7 of the Special Town Meeting January 14, 2002, or take any other action relating thereto.
    ARTICLE 7: Computer Equipment for Fire Department - PASSED, 247 to 3.

    ARTICLE 8. REMEDIATION AND CLEANUP-GASOLINE SPILL
    To see if the Town will vote to transfer from available funds the sum of twenty thousand dollars ($20,000.00) for the purpose of remediation and monitoring of the Police Station gasoline spill under the provisions of the Administrative Consent Agreement between the Town and the Massachusetts department of Environmental protection, such sum to be added to the appropriation approved in ARTICLE 9 of the Annual Town Meeting May 9, 2005, or take any other action relating thereto.
    ARTICLE 8: Remediation of Gasoline Spill at Police Station - PASSED, 250 to 0.

    ARTICLE 9. PURCHASE FIRE ALARM EQUIPMENT
    To see if the Town will vote to transfer from available funds the sum of thirty-six thousand dollars ($36,000.00) for the purpose of purchasing and installing fire alarm equipment, or take any other action relating thereto.
    ARTICLE 9: Fire Alarm Equip for Water Dept - PASSED, 249 to 1.

    ARTICLE 10. TALLMAN STREET INSTALL FENCE AND MAKE REPAIRS
    To see if the Town will vote to transfer from available funds the sum of four thousand dollars ($4,000.00) for the purpose of installing a fence and making repairs associated with the Tallman Street paving project, or take any other action relating thereto.
    ARTICLE 10: Fence for Tallman Street - PASSED, 246 to 4.

    ARTICLE 11. 150TH ANNIVERSARY CELEBRATION
    To see if the Town will vote to transfer from available funds the sum of ten thousand dollars ($10,000.00) for the purpose of providing initial funding for the Town's 150th Anniversary celebration, or take any other action relating thereto.
    ARTICLE 11: $10,000 for 150th Anniversary Celebration - PASSED, 249 to 1.

    A single-article Special Town Meeting warrant was next considered to transfer $15,000 from Free Cash to make repairs to the HVAC control system at Old Hammondtown School. (The article amount was amended from $54,000).
    The single article on the Special Town Meeting passed, 229 to 1.


    TOWN OF MATTAPOISETT
    ANNUAL TOWN MEETING
    MAY 8, 2006, 7:30 PM
    OLD ROCHESTER REGIONAL HIGH SCHOOL AUDITORIUM

    ARTICLE 1: ELECTED OFFICERS' COMPENSATION: To see if the town will vote to fix the salaries of elected officers of the town for Fiscal Year 2007 as follows:

    Moderator $ 200.00

    Board of Selectmen, Chairman $ 3,700.00

    Board of Selectmen, Members - each $ 3,300.00

    Assessor - each $ 3,300.00

    Town Clerk $41,586.00

    Board of Health - each $ 400.00

    Highway Surveyor $55,971.00

    Mattapoisett School Committee - each $ 400.00

    Water/Sewer Commissioner - each $ 400.00

    Tree Warden $ 6,279.00

    Herring Inspector $ 730.00

    Or take any other action relating thereto.

    ARTICLE 1:PASSED, 212 to 18.

     

    ARTICLE 2: FIRE DEPUTY: To see if the Town will vote to create the position of Deputy Fire Chief, to be added to the Personnel By-Law schedule of full-time salaried positions as an exempt position, or take any other action relating thereto.

    ARTICLE 2: PASSED, 226 to 4.

     

    ARTICLE 3: GENERAL OPERATING BUDGET: To determine the sums of money the Town will vote to defray general operating expenses of the Town for Fiscal Year 2007, including debt and interest, the money to be raised by taxation, borrowing, or transfer from available funds, or take any other action relating thereto.

    Amounts to be voted are shown in Attachment A.

    ARTICLE 3, to approve a total $18.167 million General Operating Budget for FY 2007, passed 180 to 0.

     

    ARTICLE 4: CAPITAL IMPROVEMENT PLAN: To see if the Town will vote to approve the Five Year Capital Improvement Plan as presented by the Capital Planning Committee or take any other action relating thereto.

    The recommended Capital Plan is shown in Attachment B.

    ARTICLE 4, to approve a Five-Year Capital Improvement Plan as presented by the Capital Planning Committee, passed unanimously, 180 to 0.

     

    ARTICLE 5: CAPITAL EQUIPMENT: To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, including grant funds, the sum of two hundred forty-nine thousand five hundred dollars ($249,000.00) for the purpose of purchasing vehicles in accordance with the following schedule, or take any other action relating thereto.

    Pickup Truck - Natural Resources

    $19,500.00

    Cruiser - Police Department (2)

    $57,500.00

    Rescue Truck - Fire Department

    $50,000.00

    Van - Council on Aging

    $12,500.00

    Pickup Truck - Water/Sewer Department

    $35,000.00

    Dump Trucks - Highway Department

    $75,000.00


    TOTAL

    $249,500.00


    Article 5 passed, 179 to 1.

     

    ARTICLE 6: CAPITAL PLAN - RENOVATE AND EXPAND HARBORMASTER BUILDING: To see if the Town will vote to raise and appropriate, borrow or transfer from available funds the sum of five hundred thousand dollars ($500,000.00) for the purpose of renovating and expanding the Harbormasters building, or take any other action relating thereto.

    ARTICLE 6 amended to transfer $50,000 out of Free Cash to simply design and engineer the Harbormaster's Building and hold off on construction for the time being. Amended Article 6 passed, 128 to 42.

     

    ARTICLE 7: CAPITAL PLAN LAND ACQUISITION: To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or otherwise for general municipal and water protection purposes the fee simple interest in 73 acres of land, more or less, of developable land surrounding the Towns River Valley Aquifers, [located at Lot 20, Map 4; Lot 19, Map 2P and other sites in Mattapoisett, Massachusetts, and further that the deeds of said Lots be accepted by the Town acting by and through its Board of Selectmen, and that the Board of Selectmen are authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town to effect said purchase, and as funding therefor to raise and appropriate, transfer or borrow the sum of one million five hundred forty thousand dollars ($1,540,000.00) pursuant to G.L. c.44 or any other enabling authority, for such purposes, or take any other action thereon.

    ARTICLE 7 to authorize the Board of Selectmen to acquire land for water protection purposes. Article 7 tabled, 154 to 2.

     

    ARTICLE 8: CAPITAL PLAN OTHER EXPENDITURES: To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, including grant funds, the sum of two hundred thousand two hundred dollars ($200,200.00) for the purpose acquiring services, equipment and land in accordance with the following schedule, or take any other action relating thereto.

    Conduct Municipal Facility Study

    $25,000.00

    Purchase Improved Bulletproof Vests

    $25,000.00

    Implement Road Management Program

    $30,000.00

    Upgrade Police Portable Radios

    $15,000.00

    Purchase Radio Operated Meter Equipment

    $30,000.00

    Recondition Playing Fields

    $20,000.00

    Acquire GEO TMS Software

    $15,000.00

    Repair/Upgrade Town Beach Building

    $10,000.00

    Long Wharf Repair Study

    $10,000.00

    Purchase GIS Software

    $20,000.00


    TOTAL

    $200,200.00

    Article 8 amended to remove GIS Software ($180,200 total) passed, 115 to 8.

     

    ARTICLE 9: CAPITAL IMPROVEMENTS STABILIZATION FUND: To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $400,000.00 to be appropriated to the Capital Improvements Stabilization Fund for the purpose of providing financing for qualified future capital improvements, or take any other action relating thereto.

    ARTICLE 9 to transfer $400,000 into the Capital Improvements Stabilization Fund to purchase future capital improvements as needed. Passed, 130 to 0.

     

    ARTICLE 10: BICYCLE PATH REVISED DESIGN: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $20,000.00 for the purpose of completing design, permitting and construction documents to construct a Bike Path from the Fairhaven town line to Mattapoisett Neck Road, or take any other action relating thereto.

    ARTICLE 10 - Bicycle Path (Revised Design). Passed, 138 to 43.

     

    ARTICLE 11: BICYCLE PATH CANCEL PROJECT: To see if the Town will vote to cancel the Bike Path project and to reimburse the Commonwealth such amount as the Commonwealth may demand; such amount estimated not to exceed one hundred five thousand dollars ($105,000.00), or take any other action relating thereto.

    ARTICLE 11 - Bicycle Path (Cancel project). Not considered since Article 10 passed.

     

    ARTICLE 12: BICYCLE PATH DESIGN COMPLETION: To see if the Town will vote to raise and appropriate or transfer from available funds the sum of one hundred sixty-thousand six hundred dollars ($160,650.00) for the purpose of completing the design and permitting of the proposed Mattapoisett Bike Path to extend from the Fairhaven town line on the West to the Marion town line on the East, or take any other action relating thereto.

    ARTICLE 12 - Bicycle Path (Design Completion). Not considered since Article 10 passed.

     

    ARTICLE 13: DRINKING WATER PROTECTION GRANT: To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or otherwise for passive recreation, conservation and water supply protection purposes, pursuant to the Drinking Water Supply Protection Grant Program, the fee simple interest in 65 acres of land, more or less, located south of Wolf Island Road and shown as Lot 16 and Lot 21 on Assessors Map 25, and further that the deeds of said Lots be accepted by the Town acting by and through its Board of Selectmen or Conservation Commission under the provisions of G.L. Chapter G.L. c.40 S8C for conservation purposes and to be protected under Article 97 of the Amendments to the Constitution of the Commonwealth, subject to the right of the Board of Selectmen to install a water main in Lot 21, and that the Board of Selectmen are authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town to effect said purchase, and as funding therefor to raise and appropriate, transfer or borrow the sum of $220,000 pursuant to G.L. c. 44 or any other enabling authority, for said purchase; or take any other action thereon.

    ARTICLE 13 - Drinking Water Protection Grant. Passed, 130 to 0.

     

    ARTICLE 14: WATER LOSS AUDIT STUDY: To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, including any available State or Federal Grant funds, $9,750.00 for the purpose of providing Mattapoisetts match to be used with a State grant to undertake a water audit and water loss prevention project or take any other action thereon.

    ARTICLE 14 - Water Loss Audit Study. Passed, 130 to 0.

     

    ARTICLE 15: WHARF REPAIRS AND MAINTENANCE: To see if the Town will vote to appropriate ten thousand dollars ($10,000.00) for maintenance and repair of the wharves, the money to be provided by borrowing, taxation, transfer from available funds, or take any other action relating thereto.

    ARTICLE 15 - Wharf Repairs and Maintenance. Passed, 130 to 0.

     

    ARTICLE 16: COMMUNITY PRESERVATION ACT: To see if the Town will accept Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation, and preservation of open space, the acquisition, rehabilitation, preservation, and restoration of historic resources, the acquisition, creation and preservation of land for recreational use, the creation, preservation and support of community housing, and the rehabilitation and restoration of such open space, land for recreational use and community housing that is acquired or created as provided under said Act; to determine the amount of such surcharge on real property as a percentage of the annual real estate tax levy against real property; to determine whether the Town will accept any of the exemptions from such surcharge permitted under Section 3(e) of said Act; or to take any other action relative thereto.

    ARTICLE 16 - Community Preservation Act. Passed, 76 to 24.

     

    ARTICLE 17: COMMUNITY PRESERVATION BY-LAW: To see if the Town will vote to establish the Mattapoisett Community Preservation Committee in accordance with MGL Chapter 44B.

    Mattapoisett Community Preservation Bylaw

     

    Chapter 1: Establishment

    There is hereby established a Community Preservation Committee, consisting of seven (7) voting members pursuant to MGL Chapter 44B (the "Act"). The composition of the committee, the appointment authority and the term of office for the committee members shall be as follows:

    One member of the Mattapoisett Conservation Commission as designated by that Commission.

    One member of the Mattapoisett Historical Commission as designated by that Commission.

    One member of the Mattapoisett Planning Board as designated by that Board.

    One member of the Mattapoisett Recreation Committee as designated by that Committee.

    One member of the Mattapoisett Housing Authority as designated by the Authority.

    Two members to be appointed at large from the registered voters of the Town by the Mattapoisett Board of Selectmen.

    The members appointed by the Conservation Commission, the Historical Commission, the Planning Board, the Parks and Recreation Commission, the Housing Authority, and the Open Space Committee shall be appointed annually for a term of one year. The two persons initially appointed at large by the Board of Selectmen shall be appointed for terms of two and one year, respectively. Upon expiration of the term of each member so appointed by the Board of Selectmen, the Board of Selectmen shall appoint one member for a term of two years. After the initial appointment of the members of the Committee, any vacancy occurring in the Committee from any cause maybe filled for the remainder of the unexpired term by the Commission, Board or Authority, as the case may be, which made the initial appointment, for the remainder of the unexpired term. Such appointment shall be made not less than seven days following notice of intent to fill such vacancy.

    Should any of the Commissions, Boards, Councils, or Committees who have appointment authority under this Chapter be no longer in existence for what ever reason, the appointment authority for that Commission, Board, Council, or Committee shall become the responsibility of the Board of Selectmen.

    The Committee shall elect a Chairman and Vice Chairman from among its members and shall elect a Secretary who need not be a member of the Committee. After having a public hearing and requesting recommendations from Town boards and committees, the Committee shall adopt policies, rules and regulations for conducting its affairs and for carrying out its responsibilities. Any member of the Committee may, after a public hearing before the Commission, Board or Authority, which appointed the said member, be removed for cause by majority vote of such Commission, Board or Authority.

    Chapter 2: Duties

    (1). The Community Preservation Committee shall study the needs, possibilities, and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards, including the Conservation Commission, the Historical Commission, the Planning Board, the Recreation Committee and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.

    (2). The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing; and for the rehabilitation or restoration of open space, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

    (3). The Community Preservation Committee may include, in its recommendation to the Town Meeting, a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending for general purposes that are consistent with community preservation. The Community Preservation Committee may recommend the issuance of general obligation bonds or notes in anticipation of revenues to be raised pursuant to section 3 of the Act.

     

    In every fiscal year, the Community Preservation Committee shall recommend either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund in each of the following areas for (a) open space (not including land for recreational use), (b) historic resources; and (c) community housing.

     

    As provided in the Massachusetts Community Preservation Act, no expenditures shall be made from the Community Preservation Fund without the approval of Town Meeting.

    Chapter 3: Requirement for a quorum and cost estimates

    The Community Preservation Committee shall comply with the provisions of the Open Meeting Law, G.L. c.39, 23B. The Community Preservation Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the Community Preservation Committee shall constitute a quorum. The Community Preservation Committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the Community Preservation Committees anticipated costs.

    Chapter 4: Amendments

    This Chapter may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not cause a conflict to occur with MGL, Chapter 44B.

    Chapter 5: Severability

    In case any section, paragraph or part of this chapter be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.

    Chapter 6: Effective Date

    This bylaw shall take effect after all requirements of MGL Chapter 40, Section 32 have been met, including approval by the Attorney General of the Commonwealth, and the Town has accepted Chapter 44B, Section 3-7 inclusive. Each appointing authority shall have 30 days after approval by the Attorney General to make its initial appointments.

    ARTICLE 17 - Community Preservation Act By-Law. Passed, 72 to 1.

     

    ARTICLE 18: ANNUAL TOWN REPORT: To see if the Town will vote to amend the General By-Laws of the town by adding the following, or take any other action relating thereto.

    "2.16. Prior to December 31 of each year, the Selectmen shall at the expense of the town, print the annual town report containing the report of the selectmen for the preceding fiscal year, the report of the school committee, and votes of town meetings, the annual report of the town accountant for the preceding fiscal year as provided in section sixty-one of chapter forty-one, the annual report of the town treasurer as provided in section thirty-five of chapter forty-one, and any other reports except as otherwise provided by vote or by-law."

    ARTICLE 18 - Annual Town Report. Withdrawn by petitioner.

     

    Rochester Annual Election April 12, 2006
    Selectman (3 years)
    Gary Laboa530
    Dan McGaffey535
    Town Moderator (1 years)
    Greenwood Hartley885
    Board of Assessors (3 years)
    Jana Cavanaugh871
    Cemetery Commissioner (3 years)
    Peter MacGregor778
    John Diggin217
    Cemetery Commissioner (1 years)
    Leo Dalbek841
    Planning Board (1 years)
    Gary Florindo850
    Planning Board (4 years)
    Colin Kelley817
    Library Trustee
    Deborah Biggs846
    Wendy Keeler55
    Tree Warden
    Jeff Eldridge647
    David Grime403
    Rochester Memorial School Committee
    Robin Rounseville625
    Tina Rood682
    Justin Shay438
    Park Commission
    Steven Grenier877