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Mattapoisett Annual Town Meeting

MAY 11, 2009 7:00 PM
OLD ROCHESTER REGIONAL HIGH SCHOOL AUDITORIUM

ARTICLE 1: ELECTED OFFICERS' COMPENSATION: (No Funding Required)
APPROVED
To see if the town will vote to fix the salaries of elected officers of the town for Fiscal Year 2010 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 $48,110.00
Board of Health - each $ 400.00
Highway Surveyor $64,380.00
Mattapoisett School Committee - each $ 400.00
Water/Sewer Commissioner - each $ 400.00
Tree Warden $ 7,004.00
Herring Inspector $ 730.00
; or take any other action relating thereto.

ARTICLE 2: GENERAL OPERATING BUDGET: (From Tax Levy, Stabilization Fund and Retained Earnings)
APPROVED
To determine the sums of money the Town will vote to defray general operating expenses of the Town for Fiscal Year 2010, 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: CAPITAL IMPROVEMENT PLAN: (No Funding Required)
APPROVED
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: CAPITAL PLAN: (From Capital Stabilization Fund, Free Cash and Article Transfers)
APPROVED
To see if the Town will vote to appropriate the following sums of money for the purpose of replacing aging and obsolete vehicles and equipment as described below, the money to be provided by borrowing, taxation, transfer from available funds, or take any other action relating thereto.
a. Fire Department - Brush Truck $40,000.00
b. Town Hall - Replace Emergency Generator $37,500.00
c. Police Department - Replace Cruiser $30,000.00
d. Fire Department - Replace Doors and Windows $25,000.00
TOTAL $132,500.00

ARTICLE 5: CAPITAL PLAN - WATER MAIN REPLACEMENT AT BAYSIDE MEADOWS: (From Water Retained Earnings)
APPROVED
To see if the Town will vote to appropriate $100,000.00 to replace a portion of water main at Bayside Meadows, the money to be provided by transfer from available funds, or take any other action relating thereto.

ARTICLE 6: CAPITAL PLAN - PURCHASE LAND: (From Water Retained Earnings)
APPROVED
To see if the Town will vote to authorize the Board of Selectmen and/or the Board of water Commissioners to purchase land for the purpose of drinking water protection, located at Mattapoisett, MA, and shown as Assessors Map24, Lot 1, consisting of 29.75 acres, and for that purpose raise and appropriate, borrow, accept as a gift or grant, or transfer from available funds the sum of $460,000.00, or take any other action relating thereto.

ARTICLE 7: CAPITAL PLAN - Sewer Extension project: (From New Borrowing - Debt service by Betterment)
FAILED 166 YES - 102 NO (2/3 majority needed to pass)
To see if the Town will vote to raise and appropriate a sum of money for the purpose of financing the construction of a Sewer Extension Construction project (project is defined to provide and make available connections for sewer service on all or parts of the following streets: Antassawamock Road, Sagamore Road, Mattakiset Road, Nashawena Road, Anawan Road, Massasoit, Camanset Road, Shawmut Road, Samoset Road, King Philip Road, Quansett East, Seaconet Road, Shoreview Avenue, Port Way, Leeward Way, Windward Way, Starboard Way, and Marshmere) including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow a sum of money and issue bonds or notes therefore under Chapter 44, Sections 7 or 8 of the General Laws or Chapter 29C of the General Laws or any other enabling authority and that such bonds or notes shall be general obligations of the Town; betterments shall be assessed using the uniform unit method so as to provide sufficient funds to ensure that the entire project cost, including principal and interest payable on any borrowing associated with this project, will be assessed to all properties having frontage upon the streets within the project area listed above, or otherwise benefiting from the Sewer Extension Project, regardless of whether or when the connection to the said Extension Project is made; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid (by loan, grant or other means) available for the project or the financing thereof; the Board of Water/Sewer Commissioners is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expand all funds available for the project and take any other action necessary to carry out the project or to take any other action relating thereto.

ARTICLE 8: SEWER ENVIRONMENTAL IMPACT STUDY: (From Sewer Retained Earnings)
APPROVED
To see if the Town will vote to transfer from available funds the sum of $150,000.00 for the purpose of paying the cost of conducting a sewer environmental impact study as required by the Massachusetts Department of Environmental Protection (DEP) and the Massachusetts Environmental Policy Act Office (MEPA), or take any other action relating thereto.

ARTICLE 9: DINGHY DOCK AND SLIP SPACE EXPANSION PROJECT: (From Waterfront Retained Earnings and Borrowing)
APPROVED
To see if the Town will vote to borrow, or transfer from available funds a sum of money for the purpose of designing, permitting and constructing a dinghy dock at Mello Wharf, or take any other action relating thereto.

ARTICLE 10: MAINTAIN WHARVES AND FLOATS (From Waterfront Retained Earnings and/or Waterways Fund)
APPROVED
To see if the Town will vote to transfer from available funds the sum of $20,000.00 for the purpose of maintaining wharves, floats and related facilities, or take any other action relating thereto.

ARTICLE 11: ASSESSOR'S REVALUATION AND CYCLICAL INSPECTION: (From Overlay Reserve)
APPROVED

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $35,000.00 for the purpose of paying the cost of cyclical inspections and revaluation, or take any other action relating thereto.

ARTICLE 12: ACCRUED EMPLOYEE BENEFITS: (From Free Cash)
APPROVED

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $10,000.00 for the purpose of paying the cost of retirement/post retirement benefits to eligible employees, or take any other action relating thereto.

ARTICLE 13: ENGINEERING, MATTAPOISETT BIKE PATH PHASE 1B: (From Free Cash)
APPROVED

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $40,000.00 for the purpose of paying the cost of engineering, design, permitting and/or related expenses for the Mattapoisett Bike Path Phase 1B, extending from Mattapoisett Neck Road to Depot Street, generally following the former New York New Haven Railroad Right of Way and Railroad Avenue, or take any other action relating thereto.

ARTICLE 14: BUZZARDS BAY ACTION COMMITTEE (BBAC) ASSESSMENT: (From Free Cash)
APPROVED

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $620.00 for the purpose of paying the cost of the BBAC assessment for FY 2010, or take any other action relating thereto.

ARTICLE 15: WOMENS' CENTER (From Free Cash)
APPROVED

To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2,000.00 for the purpose of funding domestic violence and sexual assault programs pursuant to a grant agreement between the Town of Mattapoisett and the New Bedford Women's Center for FY 2010, or take any other action relating thereto.

ARTICLE 16: COMMUNITY PRESERVATION FUND: From Community Preservation Funds)
APPROVED

To see if the Town will vote to appropriate or reserve from the Community Preservation annual revenues in the amounts recommended by the Community Preservation Committee for administrative expenses, community preservation projects and other expenses in fiscal year 2010, with each item to be considered a separate appropriation:
Appropriations:
From FY 2010 estimated revenues for Committee administrative expense $1,000.00
Reserves:
From FY 2010 estimated revenues for Historic Resources Reserve $12,825.82
From FY 2010 estimated revenues for Community Housing Reserve $12,825.82
From FY 2010 estimated revenues for Open Space Reserve $12,825.82
From FY 2010 estimated revenues for Budgeted Reserve $88,780.79
or take any other action relating thereto.

ARTICLE 17: COMMUNITY PRESERVATION PROJECT: Preserve and Restore Historic Town Records (From Community Preservation Funds)
APPROVED

To see if the Town will vote to transfer from available funds, including the Community Preservation Fund, the sum of $10,000.00 for the purpose of paying the cost of preserving historic Town Records in the custody of the Town Clerk, or take any other action relating thereto.

ARTICLE 18: COMMUNITY PRESERVATION PROJECT: Bike Path Design and Engineering (From Community Preservation Funds)
APPROVED

To see if the Town will vote to transfer from available funds, including the Community Preservation Fund, the sum of $35,000.00 for the purpose of paying the cost of engineering, design, permitting and/or related expenses for the creation of the Mattapoisett Bike Path Phase 1B, extending from Mattapoisett Neck Road to Depot Street, generally following the former New York New Haven Railroad Right of Way and Railroad Avenue, or take any other action relating thereto.

ARTICLE 19: COMMUNITY PRESERVATION ACT: Amend Acceptance of the Community Preservation Act by Accepting the Provision for Low Income and Senior Exemption
APPROVED

To see if the Town will vote to amend its acceptance of the Community Preservation Act , MGL Chapter 44B, sections 3-7 inclusive, by accepting provisions of MGL Chapter 44B, Section 3 (e) (1) to exempt from the Community Preservation Act Surcharge property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the Town, provided, however, that such change shall not take effect until approved by the voters at the 2010 Annual Town Election, or take any other action relating thereto.

ARTICLE 20: COMMUNITY PRESERVATION BY-LAW: Increase the Community Preservation Committee by Two Members (By-Law Change)
APPROVED

To see if the Town will vote to amend the Town's Community Preservation By-law by increasing the voting membership of the Community Preservation Committee from seven members to nine members, and by increasing the number of elected members from two members to four members, provided, however, that initially, one new member shall be elected for a one-year term, and one for a two-year term, as follows (with underlined text to be inserted and strikethrough text to be deleted):
Chapter 1: Establishment - There is hereby established a Community Preservation Committee, consisting of seven (7) nine (9) voting members pursuant to MGL Chapter 44B (the "Act"). The composition of the committee, the appointment authority and the term of office or 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 and two four members to be elected at large from the registered voters from the Town of Mattapoisett. The members appointed by the Conservation Commission, the Historical Commission, the Planning Board, the Recreation Committee and the Housing Authority shall be appointed annually for a term of one year. The two persons initially elected shall be elected for terms of two and one year respectively. Thereafter, elected members shall be elected for two-year terms, with two members elected each year. After the initial appointment or election of the members of the committee, any vacancy occurring in the committee from any cause may be filled for the remainder of the unexpired term by the omission, board or authority, as the case may be, which made the initial appointment, or the Board of Selectmen, for the remainder of the unexpired term. Such appointment shall be made not less than seven days following notice of intent to fill vacancy."
, or take any other action relating thereto.

ARTICLE 21: CAPITAL STABILIZATION FUND: (From Free Cash)
APPROVED

To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for appropriation to the Capital Stabilization Fund, or take any other action relating thereto.

ARTICLE 22: ESTABLISH DEPARTMENTAL RESERVE- WATER ENTERPRISE: (From Water Enterprise Retained Earnings)
APPROVED

To see if the Town will vote to transfer the sum of Ten thousand dollars ($10,000.00) from Water Enterprise Retained Earnings to the FY 2010 Water Enterprise Reserve Fund, or take any other action relating thereto.

ARTICLE 23: ESTABLISH DEPARTMENTAL RESERVE - SEWER ENTERPRISE: (From Sewer Enterprise Retained Earnings)
APPROVED

To see if the Town will vote to transfer the sum of Ten thousand dollars ($10,000.00) from Sewer Enterprise Retained Earnings to the FY 2010 Sewer Enterprise Reserve Fund, or take any other action relating thereto.

ARTICLE 24: ESTABLISH REVOLVING FUND - TRANSFER STATION: (No Funding Required)
APPROVED

To see if the Town will vote to establish a Wood Waste Recycling Revolving Account pursuant to MGL c44 S53 entitled "Wood Waste Recycling" for the purpose of receiving payments of tipping fees generated from wood waste, with a Thirty thousand dollar ($30,000.00) spending limit, said funds to be expended by the Board of Health to cover the cost of contractual services related to wood waste recycling, or take any other action relating thereto.

ARTICLE 25: STREET ACCEPTANCE - HITCHING POST ROAD (No Funding Required)
APPROVED

To see if the Town will vote to accept Hitching Post Road, as laid out by the Board of Selectmen, as an accepted public way under the provisions of MGL c. 81 sections 17- 32, or take any other action relating thereto.

ARTICLE 26: HOME RULE PETITION
APPROVED

To see if the Town will vote to authorize the Board of Selectmen to file a home rule petition with the General Court in the form set forth below; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill enactment by the General Court; and further, to authorize the Board of Selectmen to approve amendments which shall be within the scope of the general public objectives of the petition:
AN ACT RELATIVE TO THE INTEREST RATE TO BE CHARGED UPON
APPORTIONED BETTERMENT ASSESSMENTS FOR WATER AND
SEWER PROJECTS IN THE TOWN OF MATTAPOISETT
Section 1: Notwithstanding the provisions of any general or special law to the
Contrary, the town of Mattapoisett shall assess interest on apportionments of
Sewer and water betterment assessments at the actual rate of interest chargeable to the Town for the betterment project to which said assessment relates.
Section 2: If upon the effective date of this act assessments have already been
Apportioned for Mattapoisett River Basin Sewer Project and the Buzzards Bay
Sewer Extension Project Phases 1 and II, Route Six, Brandt Beach and one or more portions with interest at the rates allowed under section 13 of chapter 80 of the general laws have been added to the annual tax assessed with respect to the assessed properties, then from the first day of October after the effective date of this act, such apportioned assessments shall bear interest at the rate authorized by Section 1 of this act.
Section 3: This act shall take effect upon its passage.

ARTICLE 27: - PERSONNEL BY-LAW: Amendment
APPROVED

To see if the Town will vote to amend the Personnel By-law by exempting the positions of Building Inspector and Library Director from the Wage and Salary schedule, or take any other action relating thereto.

ARTICLE 28: DEMAND FEES:
APPROVED

To see if the Town will vote to increase from $5.00 to not more than $15.00 the Demand Fee charged for each written demand issued by the Collector of Taxes for unpaid and/or delinquent taxes to be added to and collected as part of the tax, as authorized by MGL Chapter 60, Section 15, effective as of July 1, 2009, or take any action relating thereto.