2017 ANNUAL TOWN MEETING
WARRANT VOTER INFORMATION
TO:
The Residents of Sunderland and All Interested Parties
FROM:
Board of Selectmen
SUBJECT:
Annual Town Meeting Warrant Article Information
DATE:
April 27, 2017
_________________________________________________________________________________________
The following information is being provided in preparation for 2017 Annual Town Meeting to be held on
Friday, April 28, 2017 at 7:00 PM at the Sunderland Elementary School. Please be advised that this
information is subject to change:
ARTICLE 1. Move to hear the reports of the Selectmen, the Sunderland School Committee and all other Town
Officers, Boards, Committees and Commissions.
Note: This article seeks to hear and accept the reports of all elected and appointed officers, Boards,
Committees and Commission as printed in the 2016 Annual Town Report. Copies of the report are available on
the town’s website www.townofsunderland.us or at the office of the Town Clerk or Administrative Assistant.
ARTICLE 2. Move that the Town vote appropriate the total sum of $9,043.45 to pay certain bills of prior fiscal
years, and as funding therefor to transfer from Free Cash the sum of $2,688.30 to the Town of Sunderland
for FY 13 and FY 14 Public Safety Complex sewer charges; the sum of $5,178.51 from Free Cash to the
Sunderland Elementary School for FY16 encumbrances; the sum of $510.48 from the Ambulance Reserve
Fund to Blue Cross Blue Shield of Massachusetts, Inc. for a claim that was paid in error to the Town of
Sunderland; and the sum of $666.16 from Free Cash to Eversource for FY 15 utility charges at the
Sunderland Town Office Building.
Note: This article seeks to transfer the sum of $2688.30 from Free Cash to pay outstanding sewer charges at
the Public Safety Complex. These charges were incurred due to a clerical oversight in which funds that were
previously allocated were not applied to the outstanding charges before the close of the fiscal year.
Additionally, a transfer of $5,178.51 from Free Cash to the Sunderland Elementary School is requested to
provide for FY 16 encumbrances that were not carried over at the close of the fiscal year. A transfer of $510.48
from the Ambulance Reserve Fund is requested to pay Blue Cross Blue Shield for a payment to the Town that
was made in error in 2014. The sum of $666.16 from Free Cash is requested to pay an outstanding (May 2016)
utility charge at the Town office Building to Eversource. The total sum requested is $9,043.45. This article
requires a 4/5ths vote. Selectmen Recommendation: 3-0
ARTICLE 3. Move that the Town vote, under the provisions of M.G.L. Chapter 41, Section 108, to set the
salaries and compensation of all its elected officials connected therewith for Fiscal Year 2018.
Assessors: Chairman $2,907.00 annually
Moderator:
Clerk $2,907.00 annually
Member $2,907.00 annually
$200.00 annually
Planning Board: Chairman $660.00 annually Clerk $660.00 annually Members each $410.00 annually
Town Clerk: $42,047.00 annually
Selectmen: Chairman $3,275.00 annually
Vice Chairman $2,850.00 annually Clerk $2,850.00 annually
Note: As required by MGL Chapter 41, section 108, this article seeks to set the salaries and wages of elected
officials for the FY 18 (July 1, 2017-June 30, 2018). This article requires a majority vote. Selectmen
Recommendation: 3-0
ARTICLE 4. Move that the Town vote to raise and appropriate the sum of $7,058,571 appropriate from the
Ambulance Reserve the sum of $20,000, appropriate from Fund 318-Comcast PEG Access Fund the sum of
$29,000, appropriate from Fund 610-WWTP Sewer Fund the sum of $338,791, appropriate from Town
Fund 419-Title V the sum of $5,063 and appropriate from Free Cash the sum of $127,144 for the sum total
of $7,578,569 for Town and general municipal purposes connected therewith for Fiscal Year 2018 as set forth in
the handout entitled Town of Sunderland FY 18 Town Meeting Budget, provided, however, that the vote taken
hereunder shall be expressly contingent upon approval of the voters of a Proposition 2 ½ so-called, override
question, allowing the town to raise the additional amount of $300,000 outside the limits imposed by said
Proposition 2 ½ , all in accordance with M.G.L. c59, §21C(g).
Note: The FY 18 Omnibus Budget represents an overall increase of 4.1% ($300,104) over FY 17. Increases are
largely in part due to increased fixed costs such as Benefits and Insurance as well as an increase in the
Elementary School budget. This year’s budget for Benefits and Insurance represents a $91,279 over FY 17.
The Sunderland Elementary School budget reflects a $124,148 increase over FY 17. The increase of $79,647 in
the Town Buildings expense represents a reallocation of funds from various expense accounts to offset energy
and solar costs. Other increases in the budget include a 2% COLA increase for non-union town employees, a
wage adjustment for Library Staff, and other employee related contractual obligations. It should also be noted
that the budget as presented is contingent upon the successful passage of a proposition 2 ½ override question
that will be voted on at the Annual Election on Saturday, May 6th. In the event that the override does not pass a
Special Town Meeting will be scheduled to balance the budget. This may result in budget reductions and/or the
use of town reserves. This article requires a majority vote. Selectmen Recommendation: 3-0
ARTICLE 5. Move that the Town vote to transfer from Free Cash the sum of $277,557 to the Stabilization
Fund.
Note: This article seeks to transfer $277,557 from Free Cash to the Stabilization Fund for the following:
To repay the Stabilization Fund for funds appropriated at the Special Town Meeting in September 2016
whereby the Town voted under Article 2 to transfer the sum of $18,000 from the Stabilization Fund to pay for
out-of-district tuition and transportation for a second Sunderland Student attending Smith Vocational School.
At the 2016 Annual Meeting, funds for one student attending Smith Vocational School was approved. The Town
received notice that a second student would be attending after the 2016 Annual Town Meeting. Voters also
authorized the transfer of $32,419 to provide for additional employee health insurance costs under Article 3. A
transfer of $1,423 was approved to pay outstanding sewer charges under Article 4 of the Special Town Meeting,
for a total of $51,842. The Board of Selectmen has adopted a policy that provides for the allocation of Free
Cash. Under these guidelines up to 10% of Free Cash is allocated to the Stabilization Fund. The current
balance in the Stabilization Fund is $342,481. This year’s Free Cash was certified by the Department of
Revenue at $757,146. Due to the increase in Free Cash this year, the board voted to put an additional
$150,000 into the Stabilization Fund to plan for the town’s future needs. This article requires a majority vote.
Selectmen Recommendation: 3-0
ARTICLE 6. To transfer the sum of $77,144 from Free Cash to the Capital Stabilization Fund.
Note: This article seeks to transfer the sum of $77,144 from Free Cash to the Capital Stabilization Fund. The
Board of Selectmen has adopted a policy that provides for the allocation of Free Cash. Under these guidelines
up to 30% of Free Cash is allocated to the Capital Stabilization Fund. The current balance in the Capital
Stabilization Fund is $19,090. This year, the board opted to decrease the amount going to the Capital
Stabilization Fund and to increase the amount going into the Stabilization Fund. This article requires a
majority vote. Selectmen Recommendation: 3-0
ARTICLE 7. To appropriate from the Capital Stabilization Fund the sum of $124,727 and the sum of
$10,000 from Fund 318 Comcast PEG Access Fund and $11,275, from the Sewer Reserve Fund for the
sum total of $146,002 for the Fiscal Year 2018 Capital Budget
Note: This article seeks to transfer the sum of $124,727 from the Capital Stabilization Fund, of which $107,689
is from the Capital Stabilization Override of $100,000 that was passed on May 3, 2014. In subsequent years,
beginning in FY 16 the Board of Selectmen may add up to 2.5% above the prior year’s vote. On March 27,
2017, the board voted to assess an additional$107,689 for the fiscal year 2018. A balance of $19,090 was
carried forward from FY 16. Additionally, $10,000 from the Comcast PEG Access Fund and $11,275 from the
Sewer Reserve Fund will be appropriated as provided in the handout entitled FY 18 Capital Budget by Funding
Source. The total sum for this year’s Capital Budget is $146,002. This article requires a 2/3 vote. Selectmen
Recommendation: 3-0
ARTICLE 8. To appropriate the sum of $20,874.70 from the CPA Undesignated Budgeted Reserves to fund
Sunderland Library Backyard Enhancements under the direction of the Sunderland Library Trustees.
Note: This article seeks to appropriate $20,874.70 from the Community Preservation Account for recreational
purposes to fund Sunderland Backyard Enhancements including preserving the historic American Elm tree
additional outdoor lighting, add electrical outlets outside, and add a small amount of concrete to improve
accessibility lighting. This article requires a majority vote. Selectmen Recommendation: 3-0
ARTICLE 9. To appropriate $17,583 from the CPA Historical Resource Reserves to fund the Town of
Sunderland’s Records Preservation & Rehabilitation under the directions of the Sunderland Town Clerk.
Note: This article seeks to appropriate $17,583 from the Community Preservation Fund to preserve historical
records and to design and implement an archival system for record storage. Implementation of the records
management and archival system will improve office efficiency when complying with public records requests as
mandated under Chapter 121, Acts of 2016 the “Public Records Act.” Currently, records are located in the
town vault and at the town office building and are not labeled or organized in a way that makes information
easy to locate or access, which results in staff spending hours trying to locate records for department use
and/or to comply with public records requests. It should also be noted, that failure to comply in a timely manner
to public records requests under the new law could result in fines of up to $5,000 being levied against the town.
This article requires a majority vote. Selectmen Recommendation: 3-0
ARTICLE 10. To appropriate $49,000 from the CPA Community Housing Reserves and $51,000 from the
Undesignated Budgeted Reserve for a total of $100,000 to fund the development of Sunderland Affordable
Senior Housing under the direction of the Sunderland Selectboard. Selectmen Recommendation: 3-0
Note: This article seeks to appropriate $49,000 from the CPA Housing Reserves and $51,000 from the
Undesignated budgeted Reserve for a total of $100,000 to fund the development of Sunderland Affordable
Senior Housing under the direction of the Sunderland Selectboard. This article requires a majority vote.
Selectmen Recommendation: 3-0
ARTICLE 11. To appropriate or reserve from the fiscal year 2018 Community Preservation Fund annual
revenues in the amounts recommended by the Community Preservation Committee for committee
administrative expenses, community preservation projects and other expenses in fiscal year 2018.
Appropriations:
From FY 2018 estimated revenues for Committee Administrative Expenses
From FY2018 estimated revenues for Community Preservation Debt Service
$ 6,000
$ 26,083.19
Reserves:
FY 2018 estimated revenues for Historic Resources Reserve
FY 2018 estimated revenues for Community Housing Reserve
FY 2018 estimated revenues for Open Space Reserve
FY 2018 estimated revenues for CPA Undesignated Budgeted Reserve
$ 25,000
$ 26,000
$25,000
$103,000
Note: This article seeks to appropriate and/or reserve the FY 18 Community Preservation Fund annual
revenues as recommended by the Community Preservation Committee. This article requires a majority vote.
Selectmen Recommendation: 3-0
ARTICLE 12. Move that the Town vote to transfer from Free Cash, the sum of $105,000 to the Anniversary
Celebration Fund for the Town of Sunderland’s 2018 Tri-centennial celebration.
Note: This article seeks to transfer $105,000 from Free Cash to the Anniversary Celebration Fund for expenses
related to 300th Anniversary Celebratory events. This article requires a majority vote. Selectmen
Recommendation: 3-0
ARTICLE 13. To see if the town will vote to instruct our members of Congress to support an amendment to the
United States Constitution to clarify that corporations do not have the same rights as people, and that money is
not speech for the purposes of election-related spending, and/or take any action relative thereto.
WHEREAS, the United States Constitution and the Bill of Rights are intended to protect the rights of individual
human beings (“real people”); and,
WHEREAS, corporations are not mentioned in the Constitution, and The People have never granted
constitutional rights to corporations; and,
WHEREAS, the United States Supreme Court’s 2010 decision, by a 5 -4 vote, in the Citizens United vs.
Federal Election Commission case, overturned longstanding precedent that prohibited corporations from
spending their general treasury funds in public elections. This presents a serious threat to self-government by
allowing unlimited corporate spending to influence elections; and,
WHEREAS, Article V of the United States Constitution empowers and obligates the people of the United States
to use the constitutional amendment process to correct egregiously wrong decisions of the US Supreme Court
that go to the heart of our democracy;
NOW, THEREFORE, BE IT RESOLVED that the voters of Sunderland, Massachusetts hereby instruct our
members of Congress to support an amendment to the United States Constitution to provide that corporations
are not entitled to the constitutional rights of real people, and that money is not speech for the purposes of
campaign-related expenditures and contributions.
Note: The article presented is by Citizen’s Petition. This article requires a majority vote. Selectmen
Recommendation: 3-0
ARTICLE 14. Move that the Town vote to accept G.L. Chapter 90, §17C, added by Section 193 of Chapter
218 of the Acts of 2016, thereby allowing the Board of Selectmen to reduce the speed limit from 30 mph to 25
mph on any or all Town-owned roadways within a thickly settled or business district.
Note: This article seeks to accept G.L. Chapter 90, §17C, which if accepted will allow the Board of Selectmen
to establish a speed limit of 25 miles per hour on any roadway in town inside a thickly settled or business
district that is not a state highway. MGL Chapter 90, §17C defines a thickly settled or business district as; “the
territory contiguous to any way which is built up with structures devoted to business, or the territory contiguous
to any way where dwelling houses are situated at such distances as will average less than two hundred feet
between them for a distance of a quarter of a mile or over.” This article requires a majority vote. Selectmen
Recommendation: 3-0
ARTICLE 15. To authorize the Frontier Regional and Union School district to use the remaining $8,847.47 of
the original $14,748.50 which was originally appropriated in Article 11 of the 2004 Annual Town Meeting for
the purpose of repairs to and re-roofing the Central Office, to instead use the remaining funds for relocating the
Central Office to the Frontier Regional Middle/High School.
Note: This article seeks authorization to utilize remaining funds of $8,847.47, which were originally
appropriated under Article 11 of the 2004 Annual Town Meeting for repairs and re-roofing the Central Office,
to instead use the remaining funds for relocating the Central Office to the Frontier Regional Middle/High
School. This article requires a majority vote. Selectmen Recommendation: 2-1
ARTICLE 16. To amend the general bylaws of the Town of Sunderland by adding a new section to establish
and authorize revolving funds for use by certain town departments, boards, committees, agencies or officers
under G.L. Chapter 44 §53E ½ .
Note: This article seeks to establish a Revolving Funds Bylaw. On November 7, 2016, MGL Chapter 44, 53E
½ was amended by the Municipal Modernization Act. These amendments eliminated the caps on the amount
that could be spent from the revolving funds authorized by a particular department and in total from all
authorized revolving funds. In addition, the revolving funds are to be authorized by bylaw rather than the
legislative body. However, the legislative body must still vote on or before July 1 on the amount to be spent
from each fund during the upcoming fiscal year. This article requires a majority vote. Selectmen
Recommendation: 3-0
ARTICLE 17. To amend Chapter 125 of the Code of Sunderland, for the purposes of reorganization and
recodification of the Zoning Bylaw, as proposed by the Sunderland Planning Board. A copy of the proposed
bylaw is on file in the office of the Sunderland Town Clerk, 12 School Street, Sunderland.
Note: This article seeks to amend Chapter 125 of the Code of Sunderland as proposed by the Sunderland
Planning Board. A 2/3rds vote is required. Selectmen Recommendation: 3-0
Articles 18 through 23, inclusive, are so called Consent Articles
Note: Consent Articles 18-23 seek annual authorization as required under Massachusetts General Law by the
legislative body as outlined below. Selectmen Recommendation: 3-0
ARTICLE 18. To authorize the Treasurer/Collector to enter into compensating balance agreements during
Fiscal Year 2018, as permitted by G.L. Chapter 44, Section 53F.
ARTICLE 19. To authorize the Board of Selectmen to apply for, accept and expend any grants or donations
from State or Federal governments or private agencies, individuals or institutions.
ARTICLE 20. To accept and expend any sum or sums of money which may be available from the State for
Chapter 90 work for road improvement and equipment expense.
ARTICLE 21. To vote under the provisions of G.L. Chapter 40, Section 4A to authorize the Board of
Selectmen to enter into inter-municipal agreements.
ARTICLE 22. To vote to authorize the Board of Selectmen to enter into contracts for goods and services with
duration in excess of three years pursuant to the provisions of G.L. Chapter 30B, Section 12 (b).
ARTICLE 23. To authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow
money from time to time in anticipation of the revenue of the financial year beginning July 1, 2017 in
accordance with the provisions of G.L. Chapter 44, Section 4 and to issue a note or notes therefor, payable
within one year, and to renew any note or notes as may be given for a period of less than one year in accordance
with G.L. Chapter 44, Section 17.