Warrant for Bedford’s Special Town Meeting on November 13, 2012

Greetings:

In the name of the Commonwealth of Massachusetts you are hereby required to notify the legal voters of said Town of Bedford, qualified to vote at Special Town Meeting for the transaction of Town affairs, to meet in said Town in the

Bedford High School Auditorium – Tuesday, November 13, 2012 at 7:30 p.m.

Then and there to vote upon the following articles:

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Article 1 – Debate Rules

To determine whether the Town will vote to adopt the following procedure for the current Special Town Meeting:

A.        A speaker presenting an article or amendment to an article shall be limited to ten (10) minutes;

B.         Other speakers shall be limited to five (5) minutes;

C.         No article shall be presented after 10:45 p.m.;

D.        Town Meeting by majority vote may waive A, B, or C;

pass any vote or take any action relative thereto.

This article sets out time limitations on presentations and debate of articles before this Town Meeting. 

Recommendations:

Selectmen:                          Approval recommended

Finance Committee:            Approval recommended

Article 2 – Acceptance of MGL, Chapter 41, Section 81U – Performance Bond Settlement Account

To determine whether the Town will vote to accept the provisions of MGL, Chapter 41, Section 81U so as to create a Performance Bond Settlement Account for the Town; pass any vote or take any action relative thereto.

This article proposes that the Town accept a provision of Massachusetts General Laws that would establish a Performance Bond Settlement Account for the Town.  Developers regularly provide the Town with performance bonds to guarantee the completion of roads and other public infrastructure in subdivisions approved by the Town.  Such an account would allow the deposit of funds derived from performance bond settlements up to $100,000 per performance bond in this account to be utilized by the Town without further appropriation for completion of the work originally guaranteed by the bonds.

Recommendations:

Selectmen:                         Approval recommended

Finance Committee:            Approval recommended

Article 3 – Street Acceptance – Abbott Lane      

To determine whether the Town will vote to accept the layout by the Selectmen of a way named Abbott Lane, said way runs from Concord Road a distance of 550 feet, more or less, as shown on plan entitled, “Definitive Subdivision Plans for 98-102 Concord Road located in Bedford, Massachusetts”, dated January 6, 2006 and last revised December 14, 2006, drawn by Meridian Associates, Inc. and a copy available for inspection in the Planning Board office; pass any vote or do anything in relation thereto.

This article proposes to accept Abbott Lane for maintenance by the Town as a public way.

Recommendations:

Selectmen:                         Approval recommended

Finance Committee:            Approval recommended

Planning Board:                   Approval recommended

Article 4 – High School Synthetic Turf

To determine whether the Town will vote to appropriate the sum of $1,100,000, or any other sum, for installation of an artificial turf playing surface and related improvements at the Armand Sabourin football field located at Bedford High School, 9 Mudge Way, more or less as specified on a plan entitled “Sabourin Field Renovation Project, Bedford High School, Bedford, MA 01730” prepared by Gale Associates of Weymouth, MA for the Bedford Selectmen, said plan dated March 9, 2011; and to determine whether this appropriation shall be raised in the tax levy, transferred from available funds, transferred from the Stabilization Fund, transferred from available funds in the Community Preservation Fund, borrowed under the Community Preservation Program or through the general tax levy, or by any combination of these methods; pass any vote or take any action relative thereto.

This article would provide funding for the installation of a synthetic turf playing field for the Bedford High School football field to replace the existing natural grass.  Installation of a synthetic turf field would be beneficial in that the utilization of the field would increase and maintenance costs would decline. Preliminary estimates indicate that the construction of such a field would be approximately $1,100,000 based in part on bids received in March 2012.  Recent changes in the Community Preservation Act would allow up to $605,000 of this project to be funded through the Community Preservation Program.  The Community Preservation Committee has recommended a transfer of $150,000 from CPA Recreation Reserves, an appropriation of $100,000 from available CPA funds, and bonding of $355,000 for the remaining portion of the Community Preservation funding for this project.  The remaining balance of $495,000 that is not eligible for funding under the Community Preservation Program would be funded with other Town funds.

Recommendations:

Selectmen:                         Approval recommended

Finance Committee:            Recommendation to be given at Special Town Meeting

Capital Expenditure:            Recommendation to be given at Special Town Meeting

Article 5 – Community Preservation Surcharge – Effective July 1, 2013

To determine whether the Town will vote to reconfirm a property tax surcharge of three percent (3%) of the taxes assessed annually on real property which shall be dedicated to the Community Preservation Fund, such surcharge to be imposed on taxes assessed for fiscal years beginning on or after July 1, 2013; pass any vote or take any action relative thereto.

This article would authorize the Town to continue to levy in Fiscal Year 2014 a surcharge of three percent (3%) on property taxes to be used for purposes authorized under the Community Preservation Act, which the Town accepted in 2001.  Each year the Town will receive matching funds from the Commonwealth, as a result of having accepted this Act. In October 2012, the Town was confirmed to receive a total of $379,041 from Commonwealth distributions. This total match was 29.86%. A conservative 21% match is projected for next year because it is not known at this time how much money will be available and how many communities will be participating in the program.  Both municipal and Commonwealth funds are to be used exclusively for affordable housing, open space preservation, historic properties preservation, and recreation.  Under the Act, towns are required to spend or reserve for future expenditure at least ten percent of the fund for each of the first three above purposes.  The property tax surcharge may be any percentage up to three percent.  The Selectmen are placing this article on the Warrant of this Special Town Meeting in keeping with a commitment made at the time the Community Preservation Act was accepted.   If Town Meeting were to adopt any percentage other than the current three percent in effect, this change would also need approval of Bedford’s registered voters at the Annual Town Election in March 2013.

Recommendations:

Selectmen:                          Approval recommended

Finance Committee:            Approval recommended

Article 6 – Amend FY13 Community Preservation Budget

The Community Preservation Committee recommends the following adjustment and three additions as amendments to the Fiscal Year 2013 Community Preservation appropriations voted in Article 18 of the 2012 Annual Town Meeting, with each item considered a separate appropriation:

  Appropriations Previous FY13Appropriation CP Fund Balance/Transfers Total FY13Recommended
14 Hartwell Town Forest & Jordan Conservation Area Survey $           0.00 $    3,500.00 $    3,500.00
15 Athletic Fields Design 9 Mudge Way & 7 Liljegren Way $           0.00 $150,000.00 $150,000.00
16 Historic Properties Preservation Fund $           0.00 $  75,000.00 $  75,000.00
  Reserves
13 Affordable Housing Reserves $137,500.00 $    9,278.00 $146,778.00

pass any vote or take any action relative thereto.

This article proposes amendments to the Fiscal Year 2013 Community Preservation Budget adopted at the 2012 Annual Town Meeting. The Community Preservation Committee is recommending that additional appropriations be made for certain items. Funding for these appropriations is available as a result of Bedford having accepted the Community Preservation Act (CPA) in March 2001. The descriptions of the proposed projects are contained below:

13 – These funds would be placed in reserve for affordable housing in order to meet the required minimum allocation of 10%.

14 – Funding would be for a professional survey of Hartwell Town Forest and Jordan Conservation Area   along Hartwell Road to establish the property lines and to determine if intrusions onto Town property exist.

15 – Funding will allow an amount up to $150,000 to be used for design costs associated with the development of fields located at 9 Mudge Way/7 Liljegren Way (formerly referred to as the “St. Michael’s Land”) for either artificial turf or natural turf athletic fields. Included in this cost would be design and permitting funds for a wetlands mitigation area near Page Field.

16 – This would allow for restoration of funds to the Historic Properties Preservation Fund (HPPF).  During FY12, $75,000 had been utilized from the HPPF to reconstruct the Old Reservoir Dam which had been condemned by the Commonwealth.  This will restore the previous balance to the HPPF.

Recommendations:

Selectmen:                          Approval recommended for Items 13, 14, and 16; recommendation to be given at Special Town Meeting for Item 15

Finance Committee:            Recommendation to be given at Special Town Meeting for Items 13 and 14; disapproval recommended for Item 15; approval recommended for Item 16

Article 7 – Amend FY13 Capital Projects Plan – Project 13-04

To determine whether the Town will vote to amend the vote taken under Article 13 of the 2012 Annual Town Meeting relating to Project 13-04 – Lane School – Roof Replacement (1995 addition)  by deleting said project; pass any vote or take any other action relative thereto.

This article would delete Project 13-04 of the Capital Projects Plan as voted at the 2012 Annual Town Meeting last March. This $80,000 roof replacement project was actually completed through a Reserve Fund Transfer during FY12 in order to expedite early completion of this project.  Therefore, the Fiscal Year 2013 appropriation is no longer required.

Recommendations:

Selectmen:                         Approval recommended

Finance Committee:            Approval recommended

Article 8 – Water Quality System Enhancements

To determine whether the Town will vote to appropriate a sum of $140,000 for investigations, repairs and modifications to the Town’s water distribution and treatment system for the purpose of delivering bacteria free water to our residents and to determine whether such sum shall be raised in the tax levy, transferred from available funds, transferred from the Stabilization Fund, borrowed, or any combination of these methods; pass any vote or take any action relative thereto.

This article would provide funding for engineering consulting services to address the Town’s on-going issues with total coliform bacteria in the water distribution system.  An Administrative Consent Order was issued to the Town by the Massachusetts Department of Environmental Protection (DEP) in late August, 2012 mandating a number of actions for the Town to take.  Many of these actions were already being addressed by an on-going investigation by the Town’s engineering consultant, CDM Smith.  A portion of this funding is needed to augment that study for some additional requirements of DEP.  Additional funding is needed to add mixing systems to the Pine Hill Road and Crosby Drive water storage tanks and to reprogram our water control system to allow for increased movement in the water storage tanks.  This work needs to proceed now so that we may be better equipped to prevent another bacterial outbreak next spring and summer.

Recommendations:

Selectmen:                          Approval recommended

Finance Committee:            Approval recommended

Article 9 – Bond Authorization – Portions of School Way and Municipal Complex Access Roads & Parking Areas  

To determine whether the Town will vote to appropriate a sum of $561,000 for construction, reconstruction or repairs to the municipal complex for the purpose of access and pavement improvements, involving Mudge Way, the Bedford Police Station parking lot, the shared Town Hall and Town Center parking lot, and School Way including the costs of issuance of bonds or notes, and all other costs incidental or related thereto, to determine whether this appropriation shall be raised by borrowing or otherwise; pass any vote or take any action relative thereto.

This article proposes a bond authorization of $561,000 for the reconstruction and resurfacing of Mudge Way, the Bedford Police Station parking lot, the shared Town Hall and Town Center parking lot and School Way.

Recommendations:

Selectmen:                         Recommendation to be given at Special Town Meeting

Finance Committee:            Recommendation to be given at Special Town Meeting

Capital Expenditure:            Recommendation to be given at Special Town Meeting

Article 10 – Amend FY13 Operating Budgets          

To determine whether the Town will vote to amend the sums appropriated under Article 21 of the 2012 Annual Town Meeting, Operating Budget – Fiscal Year 2013, for expenditures by officers, boards, committees, and for the Reserve Fund in the fiscal year beginning July 1, 2012, by either increasing or decreasing said sums, and to determine whether such appropriation shall be raised in the tax levy, transferred from available funds, transferred from the Stabilization Fund, borrowed, or by any combination of these methods; pass any vote or take any action relative thereto.

This article would allow amendments to the Fiscal Year 2013 Operating Budgets which were adopted at the 2012 Annual Town Meeting last March.

Recommendations:

Selectmen:                          Recommendation to be given at Special Town Meeting

Finance Committee:            Recommendation to be given at Special Town Meeting

 

Article 11 – Amend FY13 Ambulance Enterprise Budget  

To determine whether the Town will vote to amend the sums appropriated under Article 22 of the 2012 Annual Town Meeting, Ambulance Enterprise Budget – Fiscal Year 2013, for expenditures by officers, boards, committees, in the fiscal year beginning July 1, 2012, by either increasing or decreasing said sums, and to determine whether such appropriation shall be raised in the tax levy or transferred from available funds, or by any combination of these methods; pass any vote or take any action relative thereto.

This article would allow amendments to the Fiscal Year 2013 Ambulance Enterprise budget which was adopted at the 2012 Annual Town Meeting last March. 

Recommendations:

Selectmen:                         Recommendation to be given at Special Town Meeting

Finance Committee:            Recommendation to be given at Special Town Meeting

Article 12 – Appropriate Funds for Police Supervisors Collective Bargaining Agreement – FY13

To determine whether the Town will vote to appropriate the sum of $4,140.89 or any other sum, to be added to Article 21, Operating Budget – Fiscal Year 2013, Account #2010 Police, as voted at the 2012 Annual Town Meeting to fund the provisions of a Collective Bargaining Agreement between the Town of Bedford and the Bedford Police Supervisors Association commencing July 1, 2012 for the Police Supervisors; pass any vote or take any action relative thereto.

This article would provide additional funds required to compensate members of the Bedford Police Supervisors Association for services rendered during Fiscal Year 2013 as a result of a Collective Bargaining Agreement commencing July 1, 2012 for a three-year term.

Recommendations:

Selectmen:                          Approval recommended

Finance Committee:             Approval recommended

Article 13 – Stabilization Fund Appropriation

To determine whether the Town will vote to raise and appropriate a sum of money to the Stabilization Fund, as provided under Massachusetts General Laws, Chapter 40, Section 5B; pass any vote or take any action relative thereto.

This article requests an appropriation to be added to the Stabilization Fund.  This fund may be used for any purpose in the future, but requires a vote of Town Meeting in order to transfer and spend any of these funds.  The present balance in the fund is approximately $2,082,000.

Recommendations:

Selectmen:                          Recommendation to be given at Special Town Meeting

Finance Committee:             Recommendation to be given at Special Town Meeting

and you are directed to serve this Warrant by posting attested copies thereof at the Town Hall and in at least three other public places in the Town at least fourteen days before the time of said meeting.

Hereof fail not and make return of this Warrant with your doings thereof at the time and place of said meeting.  Given under our hands on this 15th day of October in the year Two Thousand and Twelve.

 

Selectmen of Bedford

Catherine B. Cordes, Chair

Margot Fleischman

William S. Moonan

Michael Rosenberg

Mark Siegenthaler

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