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TOWN OF NORTH ANDOVER
SPECIAL TOWN MEETING MINUTES
JULY 10, 2006
Agreeable to a warrant signed by the Board of Selectmen, the inhabitants of the
Town of North Andover who are qualified to vote in Town affairs met at the North
Andover High School Field House then and there to act on the following Articles:
This meeting was called by Citizen Petition delivered to the Board of Selectmen
on June 5, 2006. The Board of Selectmen, in accordance with Massachusetts General
Law and all applicable Town regulations called this meeting to be held on July 10, 2006.
The warrant was duly posted and the Constable's Return of Service recorded and posted.
Moderator Charles A, Salisbury called the meeting to order at 6:55PM. The
Moderator explained that because of the overwhelming attendance voters would be
accommodated in the Field House, the Auditorium, and overflow into the Cafeteria. The
meeting would allow sufficient time to have arriving voters be able to enter and
participate. Voters were checked in alphabetically with 3,029 voters checked in. Two
hundred non-voters were registered and identified. This Open Town Meeting had the
largest number of voters in attendance in the history of the Commonwealth.
A motion was made by Chairman Thomas Licciardello and duly seconded by
Selectman Rosemary Connelly Smedile that the meeting dispense with the reading of the
warrant and with the reading of the Constable's return of service of that warrant; and
further moved that the Moderator not be required to read articles of the warrant verbatim,
but be allowed to refer to articles by number and subject matter. The motion was
unanimously approved.
Moderator Salisbury explained to the audience that printed cards were distributed
to voters and would be used for voting purposes. Assistant Moderator James Lafond was
appointed by the meeting and presided in the Auditorium. Assistant Town Clerk Janet L.
Eaton recorded events in that venue. Vote Counters were duly sworn to conduct any
hand count votes with two counters in each section. The Director of Emergency
Management, Jeffrey Coco, and his staff assisted the moderator and the Meeting with
communications and invaluable logistical assistance. The extraordinary efforts of the
North Andover Police Department, North Andover Fire Department, the Board of
Registrars and Election Officials, North Andover High School Staff, and the cooperation
of the voters and attendees were recognized by the Moderator.
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
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
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.
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
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.
Petition of the Board of Selectmen
Article 1 was voted as follows:
Voted to adopt Article 1 was printed in the warrant and in the Handout for
the July 10, 2006 Meeting 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"
• 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 there under, 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: Unfavorable Action
VOTE: YES - 1151 NO - 1633 9:14PM
Motion to Reconsider Article 1 at 9:15PM—Denied.
Article 2. Establish A Solid Waste Services Enterprise Fund. Voted to "Take No
Action" 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.
Petition of Peter Reed and others
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Favorable Action
Article 3. Solid Waste Services Enterprise Fund Appropriation. Unanimously
Voted to "Take No Action" 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,
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
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.
Petition of Peter Reed and others
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Favorable Action
Article 4. Authorization To Place A Lien On Real Property For Non Payment Of
Trash Collection Fees. Unanimously Voted to "Take No Action" 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.
Petition of the Board of Selectmen
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Favorable Action
Article 5. Amend General Bylaws To Allow and Require that Solid Waste Services
Be Self-Supporting. Unanimously Voted to "Take No Action" 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.
Petition of Peter Reed and others
Article 6. Insert "or the Solid Waste Services Enterprise" into General Bylaws
Chapter 115 Section 1. Unanimously Voted to "Take No Action" 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. ...".
Petition of Peter Reed and others
Article 7. Amend Fiscal Year 2007 General Fund Appropriation. VOTED to
amend the General Fund Appropriation for Fiscal Year 2007 as voted under Article 18 of
the 2006 Annual Town Meeting as follows:
VOTED 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;
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
• 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.
Petition of the Board of Selectmen
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Favorable Action
VOTE: YES—533 NO - 434
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.
NO CONSIDERATION OF ARTICLE 8 TAKEN BECAUSE OF
"UNFAVORABLE RECOMMENDATION OF THE FINANCE COMMITTEE.
Petition of the Board of Selectmen
Finance Committee Recommendation: Unfavorable Action
Board of Selectmen Recommendation: Unfavorable Action
Article 9. Amend `Solid Waste/Recyclin2' Portion of FY2007 "All Other Public
Works" General Fund Appropriation. Unanimously Voted to "Take No Action" to
amend the "Solid Waste/Recycling" portion of the FY2007 "All Other Public Works"
General Fund Appropriation.
Petition of Peter Reed and others
Finance Committee Recommendation: Unfavorable Action
Board of Selectmen Recommendation: Unfavorable Action
Article 10. Accept Massachusetts General Laws Chapter 40 Section 22f Retarding
Setting Fees. Voted by Majority Vote to "Take No Action" to accept the
Massachusetts General Laws Chapter 40 Section 22f that allows the general setting of
fees.
Petition of Peter Reed and others
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Unfavorable Action
Article 11. Authorization for the Utilization of MGL Chapter 44 Section 28c
subparagraph (f). Unanimously Voted to "Take No Action" 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".
Petition of Peter Reed and others
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Unfavorable Action
Article 12. Organization of Town Bylaw, Chapter 59, Town Meetings.
Unanimously Voted 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.
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."
Petition of the Town Clerk
Finance Committee Recommendation: Favorable Action
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
Board of Selectmen Recommendation: Favorable Action
Article 13. Amend Zoning Map— 16 Berry Street from Village Residential (VR) to
Residence 3 (R3). Unanimously Voted 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
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 14. Amend North Andover Zoning Bylaw— New Zoning District - Section
17.0 Osgood Smart Growth Overlay District (Osgod). Unanimously Voted to "Refer
Back to the Planning Board for Further Study" 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).
Petition of the Board of Selectmen
Article 15. Rezone A Portion Of Land Identified As 1600 Osgood Street— Osgood
Smart Growth Overlay District (Osgod). Unanimously Voted to "Refer Back to the
Planning Board for Further Study" 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".
Petition of the Board of Selectmen
Article 16. Granting of Easement and Lease or Sublease of Telecommunications
Tower with OmniPoint Holdings, Inc. — Stevens Estate. Unanimously Voted to
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
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
Selectmen determine would be in the best interest of the Town, including, but not limited
to, an agreement in excess of 3 years.
Petition of the Board of Selectmen
Finance Committee Recommendation: Favorable Action
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
On Motion of Rosemary Connelly Smedile, duly seconded by Keith A.
Mitchell, the Special Town Meeting for the Town of North Andover held July 10,
2006 dissolved by Unanimous Vote at 11:18PM.
Respectfully submitted,
Joyce A. Bradshaw, Town Clerk
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK
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JULY 10, 2006 SPECIAL TOWN MEETING MOTION BOOK