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Mattapoisett Election and Meeting Results


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.