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Home My WebLink AboutJULY 10 2006 STM-TOWN CLERK MINUTES FOR TOWN REPORT NORTil Q�,E16EG 6�� FO A �RATEO E'PP"y'�5 �SSACHUS�S TOWN OFNORTHANDOVER SPECIAL TOWNMEETING-JUL Yl0, 2006 The Special Town Meeting for the Town of North Andover was called to order Article 1. Amend Bylaws - Chapter 115, Garbage, Rubbish and Refuse. To see if the Town will vote to delete in its entirety Chapter 115, Garbage, Rubbish and Refuse of the Code of North Andover and replace it with the following: The Board of Selectmen is authorized to establish rules and regulations concerning solid waste collection and disposal within the boundaries of North Andover. The rules and regulations, at a minimum, shall provide for the following: 1) Compliance with all state laws and regulations governing the collection and disposal of solid waste. 2) Compliance with all Board of Health regulations governing the collection and disposal of solid waste. The Board of Health and the Board of Selectmen shall work cooperatively so that each Board's rules and regulations complement each other and provide for a consistent method of solid waste collection and disposal. 3) That the cost, both direct and indirect, of the collection and disposal of solid waste shall be paid entirely by user fees, grants or sources other than general taxation. The Board of Selectmen is authorized to set and amend fees for solid waste collection and disposal, including provisions for elderly or needs based discounts, consistent with this bylaw. 4) Collection of solid waste shall be done at a minimum once a week and recyclable materials at least once every two weeks. A monetary incentive to recycle solid waste materials through a user fee system that is graduated so that the more solid waste that is disposed, the higher the user fee. 5) Collection of solid waste and recyclables at each single detached single- family residence and each multiple residence dwelling that contains fewer than nine units, although the Board of Selectmen, through its rules and regulations, may provide for solid waste collection and disposal services 1 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK to be provided to other dwellings and buildings, consistent with this bylaw. 6) The implementation of an effective recycling program at municipal and school buildings. 7) An annual report that provides detailed revenue and expense reports and amounts of solid waste and recyclables collected. 8) An enforcement program to prevent illegal disposal of solid waste and ensure compliance with rules and regulations. Violations of regulations shall be punished fines to be established by the Board of Selectmen and which may be enforced by non-criminal disposition procedures in accordance with Mass. Gen. Laws. Chapter 40, Section 21D. The enforcement agents shall be the Police Department and the Board of Health or their designee. Prior to adopting or amending rules and regulations, the Board of Selectmen shall conduct a public hearing with notice provided in a newspaper of general circulation at least seven days prior to the hearing. Said notice shall provide a summary of the proposed changes. This bylaw will only take effect (1) after approval by the Attorney General and (2) after the defeat of a Town wide referendum for a Proposition 2 '/2 override for funding the operating budget of the Town and public schools for the fiscal year beginning July 1, 2006. Or take any actions relative thereto. Petition of the Board of Selectmen VOTE REQUIRED: MAJORITY PRESENTATIONS: THOMAS LICCIARDELLO, CHAIRMAN DR. BERGERON— SCHOOL DEPARTMENT TINA KLEIN— SOLID WASTE COMMITTEE PETER REED - PETITIONER MOTION PRESENTER: THOMAS LICCIARDELLO, CHAIRMAN OR FINANCE COMMITTEE MOTION: MOVE TO ADOPT ARTICLE 1 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENTS: • IN THE SECOND PARAGRAPH, FIRST SENTENCE, INSERT THE PHRASE "EFFECTIVE JULY 1, 2006" BETWEEN THE WORDS "RULES AND REGULATIONS" AND "CONCERNING SOLID WASTE COLLECTION" 2 JULY 109 2006 SPECIAL TOWN MEETING MOTION BOOK • INSERT IN SECTION 8, SECOND SENTENCE, THE WORD `BY' BETWEEN THE WORDS "PUNISHED" AND "FINES". • INSERT THE FOLLOWING PARAGRAPH ABOVE THE LAST PARAGRAPH: "THIS BYLAW, AND ANY REGULATIONS ISSUED THEREUNDER, ARE NOT INTENDED TO, AND SHALL NOT BE CONSTRUED TO, ALTER ANY OBLIGATIONS IMPOSED UPON THOMSON BROTHERS INDUSTRIES, INC. PURSUANT TO A SITE ASSIGNMENT DECISION ISSUED BY THE NORTH ANDOVER BOARD OF HEALTH ON JUNE 22, 2006 AND/OR PURSUANT TO AN AGREEMENT WITH THE NORTH ANDOVER BOARD OF SELECTMEN DATED OCTOBER 20, 2003. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 2. Establish A Solid Waste Services Enterprise Fund. To see if the Town will vote to accept the provisions of Chapter 44, Section 53F'/z of the Massachusetts General Laws to establish a `self-sufficient' Solid Waste Services Enterprise Fund to support a "Pay As You Throw" (PAYT) service effective as soon as possible; or to take any other action relative thereto. Petition of Peter Reed and others VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: MOVE TO VOTE TO ACCEPT THE PROVISIONS OF CHAPTER 44, SECTION 53F1/2 OF THE MASSACHUSETTS GENERAL LAWS TO ESTABLISH A `SELF-SUFFICIENT' SOLID WASTE ENTERPRISE FUND TO SUPPORT A "PAY AS YOU THROW" (PAYT) SERVICE TO BE EFFECTIVE IN FISCAL YEAR 2007 BEGINNING ON JULY 1, 2006. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 3. Solid Waste Services Enterprise Fund Appropriation. To see if the Town will vote to raise and appropriate from Solid Waste Services Enterprise Fund revenues, transfer from available funds or otherwise provide a sum or sums of money sufficient for the purpose of funding the Solid Waste Services Enterprise Fund for the Fiscal Year ending June 30, 2007; or to take any other action relative thereto. Petition of Peter Reed and others 3 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK Vote Required: Majority Vote MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: SOLID`WA TE SERVICES ENTERPRISE FY 07 Recommdndation Personnel 244,667 Expenses 1,287,017 Sub-Total Direct Expenditures 1,531,684 Admin/Indirect 203,000 Total Solid Waste Services Enterprise 1,734,684 MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $1,734,684, IN AGGREGATE, TO THE SOLID WASTE SERVICES ENTERPRISE FUND FOR FY07 BEGINNING ON JULY 1, 2006, WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE SOLID WASTE SERVICES ENTERPRISE FUND, THAT $1,734,684 BE RAISED FROM SOLID WASTE RECEIPTS AND FROM THESE RECEIPTS $203,000 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 4. Authorization To Place A Lien On Real Property For Non Payment Of Trash Collection Fees. To see if the Town will vote to allow the Treasurer/Collector to impose a lien on real property located within the Town of North Andover for non payment of trash collection and disposal user fees, said lien shall be know as the "municipal charges lien" pursuant to M.G.L. Chapter 40, Section 58; or to take any other action in relative thereto. Petition of the Board of Selectmen 4 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: THOMAS LICCIARDELLO, CHAIRMAN MOTION: MOVE TO ADOPT ARTICLE 4 AS PRINTED IN THE WARRANT. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 5. Amend General Bylaws To Allow and Require that Solid Waste Services Be Self-Supporting. To see if the Town will vote to amend the General Bylaws to allow Solid Waste Services to be provided by the Town only as a self-sufficient "Pay As You Throw"-type system, and require that related service charges be adequate to fully cover all direct and indirect costs; or to take any other action relative thereto. Petition of Peter Reed and others Vote Required: Majority Vote MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 5. Article 6. Insert "or the Solid Waste Services Enterprise" into General Bylaws Chapter 115 Section 1. To see if the Town will vote to amend General Bylaws Chapter 115 section 1 by inserting the text "or the Solid Waste Services Enterprise" into the first portion of the first sentence such that it would then read "The Division of Public Works or the Solid Waste Services Enterprise shall each week collect the refuse and trash of or to take any other action relative thereto. Petition of Peter Reed and others VOTE REQUIRED: MAJORITY MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 6. Article 7. Amend Fiscal Year 2007 General Fund Appropriation. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2007 as voted under Article 18 of the 2006 Annual Town Meeting; or to take any other action relative thereto. 5 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK Petition of the Board of Selectmen VOTE REQUIRED: MAJORITYVOTE MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: SEE ATTACHED OPTIONS WITH AND WITHOUT APPROVAL OF TRASH FEES. Motion—Article 7 Move to amend the General Fund Appropriation For Fiscal Year 2007 as voted under Article 18 of the May 8, 2006 Annual Town Meeting By: • Decreasing General Government by $ 49,299 for a revised total of $2,330,737 • Decreasing Public Safety by $ 7,172 for a revised total of$8,254,909; • Decreasing School Department by $ 1,295,158 for a revised total of $ 31,821,272; • Decreasing "All Other Public Works" by $25,777 for a revised total of $ 3,234,338; • Decreasing "Health and Human Services" by $55,176 for a revised total of $ 696.646; • Decreasing Culture and Recreation by $ 26,773 for a revised total of $718,934; FOR A TOTAL NET CHANGE OF $1,459,355. General Fund Appropriation Revised General Fund Difference Approved at June 6, 2006 Appropriation Annual Town Meeting General Government 2,380,036 2,330,737 -49,299 Public Safety 8,262,081 8,254,909 -7,172 School Department 33,116,430 31,821,272 -1,295,158 Greater Lawrence Technical School 236,000 236,000 0 School Building Committee 22,000 22,000 0 Snow& Ice Removal 685,530 685,530 0 All Other Public Works 3,260,115 3,234,338 -25,777 6 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK Health and Human Services 751,822 696,646 -55,176 Culture and Recreation 745,707 718,934 -26,773 Debt Service 9,398,741 9,398,741 0 Employee Benefits 10,168,518 10,168,518 0 Liability Insurance 416,516 416,516 0 Total 69,443,496 67,984,141 -1,459,355 Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 8. Stabilization Fund(s). To see if the Town will vote to establish any new Stabilization Fund(s) or vote appropriations into or out of any existing Stabilization Fund(s); or to take any other action relative thereto. Petition of the Board of Selectmen VOTE REQUIRED: TWO-THIRD VOTE MOTION PRESENTER: THOMAS LICCIARDELLO, CHAIRMAN MOTION: NO CONSIDERATION — UNFAVORABLE RECOMMENDATION OF THE FINANCE COMMITTEE. Finance Committee Recommendation: Unfavorable Action Board of Selectmen Recommendation: Article 9. Amend `Solid Waste/Recyclin2' Portion of FY2007 "All Other Public Works" General Fund Appropriation. To see if the Town will vote to amend the "Solid Waste/Recycling" portion of the FY2007 "All Other Public Works" General Fund Appropriation; or to take any other action relative thereto. Petition of Peter Reed and others VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 9. Article 10. Accept Massachusetts General Laws Chapter 40 Section 22f Retarding Setting Fees. To see if the town will vote to accept the Massachusetts General Laws 7 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK Chapter 40 section 22f that allows the general setting of fees; or to take any other action relative thereto. Petition of Peter Reed and others VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: MOTION BY PETITIONER Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 11. Authorization for the Utilization of MGL Chapter 44 Section 28c subparagraph (f). To see if the town will vote to authorize the use of MGL Chapter 44 Section 28c subparagraph (f) to "fix, revise, charge and collect fees and other charges for any facilities or services provided by such city or town as relate to the collection or disposal of solid waste"; or to take any other action relative thereto. Petition of Peter Reed and others VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: PETITIONER OR DESIGNEE MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 11. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 12. Organization of Town Bylaw, Chapter 59, Town Meetings. To see if the Town will vote to reorganize some section numbers and section titles within Chapter 59 of the Code of the Town of North Andover (Town Meetings), without any change of existing text within the bylaw. The following changes are to correct transcription errors and numbering ambiguities in previously adopted bylaws: 1. Change title of Section 59-5, from "Reconsideration of Articles", to "Information required for consideration of articles", which was the title used when the bylaw was adopted under Article 44 of the 1988 Annual Town Meeting. 2. Establish that Section 59-6 is titled "Annual Town Meeting", as first adopted under Article 17 of the 1994 Annual Town Meeting, and contains the following two paragraphs, as voted under Article 35 of the 2000 Annual Town Meeting: "Annual Town Meeting shall be held on the first Monday in May at 7:00 p.m. 8 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK In accordance with MGL Chapter 39, Section 9, which permits the Board of Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon." 3. Establish that newly-numbered Section 59-7 is titled "Votes to be Declared by the Moderator", and contains the following text, mistakenly voted to be Section 59-6, under Article 37 of the 1997 Annual Town Meeting: "The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required." or to take any other action relative thereto. Petition of the Town Clerk VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: JOYCE A. BRADSHAW, TOWN CLERK MOTION: MOVE TO ADOPT ARTICLE 12 AS PRINTED IN THE WARRANT. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Article 13. Amend Zoning Map— 16 Berry Street from Village Residential (VR) to Residence 3 (R3). To see if the Town will vote to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw to rezone the property located at 16 Berry Street from the current zoning designation of Village Residential (VR) to the proposed designation of Residence 3 (R3). The property consists of approximately 28 acres of land. A description of the property can be found on Maps 106D and 107B, Parcel 33 of the Town of North Andover Assessor's Map. The property is further described in Book 1524, Page 103 at the Essex County Registry of Deeds; or to take any other action relative thereto. Petition of Margaret Fiore and others VOTE REQUIRED: TWO-THIRDS VOTE MOTION PRESENTER: PETITIONER OR DESIGNEE 9 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK MOTION: MOVE TO ADOPT ARTICLE 13 AS PRINTED IN THE WARRANT. (IF TOWN MEETING ACTION REQUIRED) "REFER BACK TO THE PLANNING BOARD"—IF NO ACTION TAKEN? Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Planning Board Recommendation: Article 14. Amend North Andover Zoning Bylaw— New Zoning District - Section 17.0 Osgood Smart Growth Overlay District (Onod). To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 17.0 OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD); And in connection therewith to amend the North Andover Zoning Bylaw Section 3.1 "Establishment of Districts" by adding the name OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD);or to take any other action relative thereto. Petition of the Board of Selectmen VOTE REQUIRED: TWO-THIRDS VOTE MOTION PRESENTER: THOMAS LICCIARDELLO, CHAIRMAN MOTION: MOVE TO "REFER BACK TO THE PLANNING BOARD FOR FURTHER STUDY". Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Planning Board Recommendation: Article 15. Rezone A Portion Of Land Identified As 1600 Osgood Street— Osgood Smart Growth Overlay District (Onod). To see if the Town will vote to amend the Zoning Map of the Town of North Andover, pursuant to Section 3.2 of the Zoning Bylaw, to add to the underlying zoning as an overlay, the OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD) shown as Proposed Lot `A' on plan of land entitled "Assessors Map 34 — Lot 17, 1600 Osgood Street, North Andover, MA, prepared for 1600 Osgood Street, LLC and prepared by MHF Design Consultants, Inc., dated May 5, 2006";or to take any other action relative thereto. Petition of the Board of Selectmen 10 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK VOTE REQUIRED: TWO-THIRDS VOTE MOTION PRESENTER: THOMAS LICCIARDELLO, CHAIRMAN MOTION: MOVE TO "REFER BACK TO THE PLANNING BOARD FOR FURTHERSTUDY" Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Planning Board Recommendation: Article 16. Granting of Easement and Lease or Sublease of Telecommunications Tower with OmniPoint Holdings, Inc. — Stevens Estate. To see if the Town will authorize the Board of Selectmen to grant an Easement and enter into an agreement with OmniPoint Holdings, Inc. regarding a proposed lease or sublease of the telecommunications tower at Stevens Estate on terms and conditions that the Board of Selectmen determine would be in the best interest of the Town, including, but not limited to, an agreement in excess of 3 years; or to take any other action relative thereto. Petition of the Board of Selectmen VOTE REQUIRED: MAJORITY VOTE MOTION PRESENTER: THOMAS LICCIARDELLO, CHAIRMAN MOTION: MOVE TO ADOPT ARTICLE 16 AS PRINTED IN THE WARRANT. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Planning Board Recommendation: 11 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK 12 JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK