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Mattapoisett Special Town Meeting


NOVEMBER 2, 2009 at 7pm
ORR Auditorium

Article 1: REPAIR OF PRIVATE WAYS
PASSED
To see if the Town will vote to amend the Town of Mattapoisett's General Bylaws to include the following:
REPAIR OF PRIVATE WAYS
24.1 REPAIR OF PRIVATE WAYS OPEN TO THE PUBLIC: For the purpose of allowing safe and ready passage of police, fire, ambulance and school busses, the Town Highway Surveyor may in consultation with the Mattapoisett Selectmen, Fire Chief, and Police Chief smooth out irregularities on private roads open to the public within the Town on the following conditions in accordance with Massachusetts General Laws Chapter 40, Section 6N.
24.1.1 The road repaired by the Town shall now and in the future be open to public access.
24.1.2 The smoothing out of irregularities may, at the discretion of the Highway Surveyor, include repair of drainage facilities.
24.1.3 The owners of two thirds of the lots abutting the roadway or the authorized trustees of a trust or officers of a corporation acting as a homeowners' association authorized to act on behalf of the lot owners shall sign an Agreement with the Town in a form approved by Town Counsel, which shall include the following:
(1) That the Highway Surveyor and employees of the Highway Department may enter upon the property to grade the roadway;
(2) That the road while remaining private in ownership shall be open for public access;
(3) The cost of material to do the work shall be paid by the Petitioners prior to the start of any work, pursuant to the requirements of this bylaw;
(4) That the Petitioners shall jointly and severally defend, indemnify and release the Town from any liability, responsibility for damages to personal property, bodily injury or other claims arising out of the work, including those which may arise due to any defects in such road. Claims of damage caused by the Town in the course of Town doing the repair to the road shall be subject to the present statutory claim procedures.
(5) That grading work on the road shall to be limited to twice annually under this agreement.

24.1.4 Such agreement shall be filed with the Town Clerk's Office prior to any work commencing on the road.
24.1.5 The Town Highway Surveyor shall place on file with the Town Clerk a notice that said road worked on by the Mattapoisett Highway Department is open for public passage.
24.1.6 The Town Highway Surveyor shall maintain a record of the labor hours contributed each year to this type of work, and a summary of equipment used and operation hours for each piece of equipment. Such tabulation to be reviewed with the Selectman and the Finance Committee in January of each year.
24.1.7 Grading of roads shall constitute a temporary repair undertaken as required by public necessity pursuant to the authority set forth herein and shall not constitute "maintenance" of such way, so as to give way the status of a way "maintained and used as a public way" under the Massachusetts Subdivision Control Law.
24.1.8 Cost of Material: Work shall be performed by Highway Department personnel using Town of Mattapoisett equipment. The Petitioners shall be charged only for the cost of any and all material used in the work ("Cost of Material").
24.1.9 Method of Payment: Prior to the start of any work, the Highway Surveyor in consultation with the Town Administrator and Town Accountant shall prepare a written Estimated Cost of Material document, including the charge per abutting lot. This estimate shall be provided to the Petitioners and filed with the Town Clerk.
24.1.10 Prepayment: Based on the Estimated Cost of Material owners must pay to the Town of Mattapoisett full payment for the material prior to the commencement of work. Upon completion and final cost tabulation, any surplus shall be returned or if cost is over the estimate then the additional sum must be paid to the Town. Any cost that exceeds the estimated cost by ten percent will be noted in writing by the Highway Surveyor immediately upon discovery and filed with the Town Clerk, and shall be paid to the Town forthwith.
24.1.11 The Town shall not be liable on account of damages caused by such repair.
24.1.12 Betterment charges shall not be assessed. Full payment for materials is required by the Town before work will commence.
By Board of Selectmen and Highway Surveyor

Article 2: USE OF INSURANCE SETTLEMENT-OLD HAMMONDTOWN SCHOOL PROJECT
PASSED
To see if the Town will vote to appropriate the sum of $2,313.45 from an insurance settlement received for damage to the Old Hammondtown School building, school furnishings and equipment, for the purpose of replacing damaged furnishings, to include school computer equipment that meets the needs of the students, and to authorize the School Department to expend said funds, or take any action incidental and related thereto.
By the Mattapoisett School Committee

Article 3: APPROPRIATION OF FUNDS FROM LAWSUIT SETTLEMENT
PASSED
To see if the Town will vote to appropriate the sum of $196,579.00 from the settlement received for deficiencies in work at the Old Hammondtown School for the purpose of paying for the certain work identified on the "List of Outstanding Work at the Old Hammondtown School Project," as on file with the Town Clerk, and to authorize the School Department to expend said funds, or take any action related thereto.
By the Mattapoisett School Committee

Article 4: SUPPLEMENTAL FUNDING FY 2010
PASSED
To see if the Town will vote to appropriate the sum of $33,247.00 from available funds for the purpose of supplementing the funding as approved at the May 11, 2009 Annual Town Meeting under Article 2 in the following line items:
Elections Line Item $ 7,500.00
Veterans Benefits $ 25,747.00
Further to authorize the Town Accountant to make the necessary disbursements to the various accounts to reflect these changes, or to take any action relative thereto
By Board of Selectmen/Town Administrator

Article 5: PRIOR YEAR INVOICES
PASSED
To see if the Town will vote to appropriate the sum of $ 8,403.00 from available revenues for the purpose of paying the various incurred expenditures of Town departments during the previous fiscal year, that the Town Accountant be authorized to disburse and pay the various outstanding invoices, or take any action incidental and related thereto
By Town Administrator

Article 6: REPLACEMENT OF THE HEATING SYSTEM IN THE FIRE STATION
PASSED
To see if the Town will vote to appropriate the sum of $ 13,500.00 from available revenues for the purpose of funding the replacement of the heating system inside the Fire Station, and further to authorize the Fire Chief to enter into contract for materials and labor to install said system, or take any action relative thereto.
By Board of Selectmen, Fire Chief, Town Administrator

Article 7: AUTHORIZATION FOR ACCEPTANCE OF EASEMENT
PASSED
To see if the Town will vote to authorize the Board of Selectmen to accept a gift of an easement from the YMCA on Reservation Road for the purpose of use as a route for the bicycle path, and further to authorize the Board of Selectmen to execute instruments or take any other action necessary to effectuate this vote, or take any action relative thereto
By Bike Path Committee

Article 8: AUTHORIZATION FOR ACCEPTANCE OF AN EASEMENT
PASSED
To see if the Town will vote to authorize the Board of Selectmen to accept the gift of an easement from the Mattapoisett Housing Authority for the purpose of use as a route for the bicycle path, and to further authorize the Board of Selectmen to execute instruments or take any other action necessary to effectuate this vote, or take any action relative thereto.
By Bike Path Committee

Article 9: TRANSFER BETWEEN LINE ITEMS FY 2010
PASSED
To see if the Town will vote to transfer between appropriations made at the May 2, 2009 Annual Town Meeting under Article 2, as follows:
FROM TO
Highway Wages, F.T. Personnel Road Repairs Maintenance
$ 5,000 $ 5,000
Highway Wages, F.T. Personnel Highway Wages, P.T. Personnel
$ 5,000 $ 5,000
Or take any other action relative thereto.
By Board of Selectmen/Town Administrator

Article 10: APPROPRIATION TO THE STABILIZATION FUND
PASSED
To see if the Town will vote to appropriate a sum of money from available revenue to the Stabilization Fund pursuant to the provisions of MGL Ch. 40 sec. 5B, or to take any action relative thereto.
By Board of Selectmen

Article 11: FUNDING OF ROOF ANALYSIS WORK-CENTER SCHOOL
PASSED
To see if the Town will vote to appropriate a sum of money from available funds for the purpose of determining the cause of, and responsibility for, certain leaking in the roof of the Center School with the ultimate goal of allowing the Town to seek remediation of the identified defects, and to take any action relative there to.
By Town Administrator

Article 12: FUNDING TO REPLACE TOWN HALL HEATING SYSTEM
PASSED
To see if the Town will vote to appropriate a sum of $5,000.00 for the purpose of engineering, designing, and bidding all in conformity with the Uniform Procurement Act, a heating, ventilation, air handling and air conditioning system for the Town Hall. Further that the Town submit the necessary application for consideration of funding such energy improvements under the provisions of the Commonwealth of Massachusetts Green Communities Energy Conservation Improvement Fund, or take any action relative thereto.
By Town Administrator

Article 13: APPROPRIATION TO RESERVE FUND
PASSED
To see if the Town will vote to appropriate the sum of $25,000.00 from available revenue for the purpose of supplementing the Reserve Fund line item, as voted at the May 2, 2009 Annual Town Meeting under Article 2, or take any action relative thereto.
By Board of Selectmen

Article 14: APPROPRIATION TO CAPITAL STABILIZATION FUND
PASSED
To see if the Town will vote to appropriate a sum of money from available funds to the Town's Capital Stabilization Fund pursuant to MGL Ch.40 sec.5B, or take any action relative thereto.
By Board of Selectmen

Article 15: TRANSFERS FROM VARIOUS RESERVES
PASSED
To see if the Town will vote to transfer from the Reserves of the various following
Enterprise Funds:
Sewer Enterprise Fund
Interest Expense $ 1,893.57
Waterfront Enterprise Fund
Principal and Interest Expense $ 3,686.50
Further authorize the Town Accountant to make the necessary disbursements to the various accounts, or take any action relative thereto.
By Town Administrator