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Home My WebLink AboutMAY 13, 2008-2008 ANNUAL TOWN MEETING MOTION BOOK-BOARDS AND COMMITTEES 00RT#j 9 � tEO t tiO t 0 � �SSACHU5�4 Town of North Andover Annual Town Meeting Motion Book May 13, 2008 Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; ARTICLE 1. Reports of Special Committees MOTION: MOVE TO RECEIVE THE REPORT OF THE WIRELESS BYLAW REVIEW COMMITTEE. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL — CURT BELLAVANCE TO GIVE VERBAL EXPLANATION. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 1 2008 ANNUAL TOWN MEETING MOTION BOOK Article 2. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2007 Annual Town Report; ARTICLE 2. Reports of Receipts and Expenditures. MOTION: MOVE TO ACCEPT THE REPORT OF RECEIPTS AND EXPENDITURES AS PRESENTED IN THE 2007 ANNUAL TOWN REPORT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL — MARK REES OR LYNE SAVAGE WILL ANSWER QUESTIONS. NOTES: THE REPORT IS POSTED ON THE WEB SITE — MAY 1, 2008. COPIES ARE AVAILABLE AT TOWN MEETING. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2 2008 ANNUAL TOWN MEETING MOTION BOOK Article 3. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote, in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate. ARTICLE 3. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. MOTION: MOVE TO ADOPT ARTICLE 3 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL - TOWN COUNSEL WILL EXPLAIN IF NECESSARY. NOTES: EXPLANATION TO BE GIVEN THAT THIS EXCLUDES PERSONNEL CONTRACTS AND NEEDS TO BE APPROVED BY THE BOARD OF SELECTMEN OR SCHOOL COMMITTEE. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 3 2008 ANNUAL TOWN MEETING MOTION BOOK Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; ARTICLE 4. Authorization to Accept Grants of Easements. MOTION: MOVE TO ADOPT ARTICLE 4 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL — TOWN COUNSEL WILL EXPLAIN IF NEEDED. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 4 2008 ANNUAL TOWN MEETING MOTION BOOK Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. ARTICLE 5. Authorization to Grant Easements. MOTION: MOVE TO ADOPT ARTICLE 5 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL - TOWN COUNSEL WILL EXPLAIN IF NECESSARY. NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 5 2008 ANNUAL TOWN MEETING MOTION BOOK Article 6. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: ARTICLE 6. Compensation of Elected Officials. MOTION: MOVE TO ADOPT THE FOLLOWING COMPENSATION SCHEDULES FOR ELECTED OFFICIALS: Board of Selectmen/Licensing Commissioners, Per person, per annum $5,000 Chairman of Board of Selectmen, Per annum, in addition $500 School Committee, Per person, per annum $5,000 Chairman, School Committee, Per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: DOUGLAS SWATSKI, CHAIR- FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL — CHAIRMAN SWATSKI WILL ANSWER QUESTIONS IF NEEDED. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Article 7. Amend General Fund Appropriation For Fiscal Year 2008. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2008 as voted under Article 11 of the 2007 Annual Town Meeting; 6 2008 ANNUAL TOWN MEETING MOTION BOOK ARTICLE 7. Amend General Fund Appropriation For Fiscal Year 2008. MOTION: Move to amend the General Fund Appropriation for Fiscal Year 2008 as voted under Article 11 of the May 14, 2007 Annual Town Meeting as follows: Decrease General Government by $7,129 for a revised total of$2,527,094 Decrease Public Safety by $44,492 for a revised total of$8,578,297 Increase Snow and Ice by $527,386 for a revised total of$1,212,916 Decrease All Other Public Works by $140,931 for a revised total of$3,139,867 Decrease Health and Human Services by $34,648 for a revised total of$814,016 Decrease Culture and Recreation by $ 29,268 for a revised total of$771.792 Decrease Employee Benefits by $ 85,546 for a revised total of$11,155,961 Decrease Liability Insurance by $185,372 for a revised total of$314,447 Beginning Amendment under Article FY08 Adopted Budget Changes Revised Total General Government $2,534,223 $ (7,129) $2,527,094 Public Safety $8,622,789 $(44,492) $8,578,297 North Andover Schools $35,278,496 - $35,278,496 Greater Lawrence Technical School $268,022 - $268,022 School Building Committee $22,000 - $22,000 Snow & Ice Removal $685,530 $527,386 $1,212,916 All Other Public Works $3,280,798 $(140,931) $3,139,867 Health and Human Services $848,664 $(34,648) $814,016 Culture and Recreation $801,060 $(29,268) $771,792 Debt Service $8,776,755 - $8,776,755 Employee Benefits $11,241,507 $(85,546) $11,155,961 Liability Insurance $499,819 $(185,372) $314,447 Capital and Reserves - - - Total Town Meeting Appropriaton $72,859,663 $0 $72,859,663 RECOMMENDATIONS: 7 2008 ANNUAL TOWN MEETING MOTION BOOK BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE RECOMMENDATION MOTION PRESENTER: DOUG SWATSKI, CHAIR-FINANCE COMMITTEE PRESENTATION FORMAT: HANDOUT AND VERBAL EXPLANATION BY MARK H. REES. MARK H. REES AND LYNE SAVAGE TO ANSWERS QUESTIONS. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 8 2008 ANNUAL TOWN MEETING MOTION BOOK Article 8. Amend Capital Improvement Plan Appropriation for Fiscal Year 2003-Stevens Estate. To see if the Town will vote to amend the Capital Improvement Plan appropriation for Fiscal Year 2003 as voted under Article 11 of the 2002 Annual Town Meeting; ARTICLE 8. Amend Capital Improvement Plan Appropriation for Fiscal Year 2003- Stevens Estate. MOTION: MOVE that the vote of the Town passed under Article 11 of the May 13, 2002 Annual Town Meeting is hereby amended to reduce the amount of the appropriation for Item 26 "Landscape Ph IH", from $40,000 to $25,000 and to increase the amount of the appropriation for Item 27 " Building and Grounds Improvement", from $150,000 to $165,000; and that the vote passed under Article 11 is otherwise hereby confirmed as so passed. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: DOUG SWATSKI-CHAIR-FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL-RAY SANTILLI WILL RESPOND. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 9 2008 ANNUAL TOWN MEETING MOTION BOOK Article 9. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town listed below: Prior Year Invoices FY07 Vendor Amount Department MEGA Insurance 26,431.00 Workers Comp Ins Andover Electric Services 990.00 Stevens Estate Verizon 29.89 School Department Verizon 28.24 School Department RC Mills 543.89 School Department Balfour 20.00 School Department Marion Mako 145.80 School Department Arist Frangules 50.00 School Department Nextel 473.50 School Department 28,712.32 Article 9. Prior Years Unpaid Bills. MOTION PRESENTER: DOUGLAS SWATSKI—CHAIR- FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL — MARK REES OR LYNE SAVAGE WILL REPSOND. MOTION: MOVE TO ADOPT ARTICLE 9 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT — DELETE ITEM 1 — MEGA INSURANCE IN THE AMOUNT OF 26,431.00 FOR A TOTAL REVISED SUM OF 2,281.32. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION NOTES: ***4/5 (FOUR FIFTHS) VOTE REQUIRED* VOTE: DATE: TIME: 10 2008 ANNUAL TOWN MEETING MOTION BOOK Article 10. General Fund Appropriation - Fiscal Year 2009. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009; Finance Committee/ Adjusted Department BOS/Town ATM Fiscal 2008 YTD Requested Manager FY2008 Year 2008 1-31-2008 FY2009 Recommend GENERAL GOVERNMENT Town Moderator 750 750 250 825 825 Selectmen/Town Manager 281,149 281,149 252,676 304,262 309,609 Asst.Town Manager /HR 112,860 112,860 92,954 101,045 100,599 Finance and Administration - - - - - Town Accountant 241,865 233,068 196,283 255,397 253,524 Purchasing 70,000 33,797 25,189 61,800 61,800 Finance Committee 500 500 371 795 795 Treasurer/Collector 274,430 319,430 245,261 300,547 297,133 Outside Auditing 54,500 54,500 - 54,500 54,500 Assessing 304,583 304,583 236,333 311,566 300,303 Legal 200,000 200,000 97,520 264,000 200,000 Information Systems 296,871 296,871 229,754 424,471 311,449 Town Clerk 286,509 286,509 193,341 381,252 337,871 Community Development 196,052 196,052 191,076 203,422 202,742 11 2008 ANNUAL TOWN MEETING MOTION BOOK ARTICLE 10 Finance GENERAL Committee/ APPROPRIATION Adjusted Department BOS/Town ARTICLE (CONT.) ATM Fiscal 2008 YTD Requested Manager FY2008 Year 2008 1-31-2008 FY2009 Recommend Planning Board 99,152 99,152 93,309 102,825 101,494 Conservation Commission 77,662 77,662 73,531 80,140 79,359 Board of Appeals 37,340 37,340 36,314 38,928 37,876 2,534,223 2,534,223 1,964,162 2,885,775 2,649,879 PUBLIC SAFETY Police Department 4,125,693 4,125,693 3,576,515 4,466,827 4,178,937 Fire Department 4,229,086 4,229,086 3,674,647 4,656,316 4,282,310 Inspectional Services 246,567 246,567 236,109 256,767 252,371 Emergency Management 20,896 20,896 9,063 21,093 21,067 8,622,242 8,622,242 7,496,334 9,401,003 8,734,685 EDUCATION N A Public Schools 35,278,496 35,278,496 33,408,143 36,979,224 36,266,724 35,278,496 35,278,496 33,408,143 36,979,224 36,266,724 PUBLIC WORKS Administration 370,443 371,648 381,033 366,117 389,194 Street & Sidewalks 741,231 740,026 644,293 871,780 791,228 Solid Waste Recycling 1,421,036 1,461,989 1,319,516 1,472,928 1,377,126 Fleet Maintenance 253,866 253,866 153,837 269,372 267,356 Structures & Grounds 494,769 453,816 297,163 475,880 471,290 Snow & Ice Removal 685,530 685,530 664,786 685,530 685,530 3,966,875 3,966,875 3,460,628 4,141,607 3,981,724 12 2008 ANNUAL TOWN MEETING MOTION BOOK Finance ARTICLE 10 Committee/ GENERAL Adjusted Department BOS/Town APPROPRIATION ATM Fiscal 2008 YTD Requested Manager ARTICLE (CONT.) FY2008 Year 2008 1-31-2008 FY2009 Recommend HEALTH &HUMAN SERVICES Health Department 178,734 178,734 171,568 185,587 183,893 Elder Services 226,210 226,210 192,028 232,309 229,968 Youth Service 233,263 233,263 206,098 296,119 246,777 Veterans Service 210,457 210,457 130,568 222,898 222,666 848,664 848,664 700,262 936,913 883,304 CULTURE & RECREATION Stevens Library 801,060 801,060 591,163 835,030 810,557 Festivals Committee - - - - 9,500 Recreation - - - - - Historical Commission - - - - - 801,060 801,060 591,163 835,030 820,057 DEBT SERVICE Excluded- Principal Long Term 3,269,700 3,169,701 1,969,701 3,239,856 3,239,856 Excluded- Interest- Long Term 1,535,732 1,535,732 1,142,661 1,390,230 1,390,230 Excluded- Interest- Short Term - - - - - Included- Principal- Long Term 3,400,053 2,924,863 2,358,771 3,121,477 3,121,477 Included- Interest- Long Term 571,269 571,269 424,289 531,550 531,550 Included- Interest- Short Term - 57,293 - 90,000 90,000 8,776,753 8,258,857 5,895,422 8,373,113 8,373,113 13 2008 ANNUAL TOWN MEETING MOTION BOOK Finance ARTICLE 10 Committee/ GENERAL Adjusted Department BOS/Town APPROPRIATION ATM Fiscal 2008 YTD Requested Manager ARTICLE (CONT.) FY2008 Year 2008 1-31-2008 FY2009 Recommend EMPLOYEE BENEFITS Retirement Assessment 2,247,155 2,247,155 2,261,142 2,520,882 2,520,591 Workers Comp 235,354 235,354 202,730 240,061 240,061 Unemployment Compensation 120,000 120,000 41,404 133,200 133,200 Group Insurance 8,015,598 8,015,598 4,754,516 8,797,314 8,300,000 Health Insurance - IBNR 135,000 135,000 - 100,000 - Payroll Taxes 467,600 467,600 288,247 533,064 533,064 Police & Fire Accident & Sickness Inc. 20,800 20,800 21,594 71,840 71,840 11,241,507 11,241,507 7,569,633 12,396,361 11,798,756 LIABILITY INSURANCE 499,819 499,819 321,576 474,828 474,828 CAPITAL & RESERVES Finance Committee Reserve - - - - - Transfer to Stabilization Fund - - - - - Articles - - - - - Overlay 350,000 353,952 - 350,000 350,000 350,000 353,952 - 350,000 350,000 14 2008 ANNUAL TOWN MEETING MOTION BOOK ARTICLE 10 Finance GENERAL Committee/ APPROPRIATION Adjusted Department BOS/Town ARTICLE (CONT.) ATM Fiscal 2008 YTD Requested Manager FY2008 Year 2008 1-31-2008 FY2009 Recommend STATE ASSESSMENTS Special Education 17,276 17,276 - 17,276 7,174 Retired Teachers Health Insurance 1,700,325 1,700,325 850,163 1,960,000 1,811,038 Mosquito Control 86,724 86,724 43,282 86,724 87,692 Air Pollution Districts 8,020 8,020 4,010 8,020 8,203 Regional Transit 193,265 193,265 95,437 193,265 182,610 RMV Non Renewal Surcharge 15,820 15,820 8,790 9,314 18,460 School Choice 23,769 23,769 9,314 54,996 27,941 Charter School Assessment 54,996 54,996 36,798 23,769 144,934 Essex County Agricultural Assessment 87,449 87,449 43,725 87,449 60,383 2,187,644 2,187,644 1,091,519 2,447,319 2,348,435 Regional Schools 268,022 268,022 134,501 305,545 264,447 School Building Committee 22,000 22,000 - 22,000 22,000 290,022 290,022 134,501 327,545 286,447 Total Non- Departmental Cost 23,345,745 22,831,801 15,012,651 24,369,166 23,631,579 General Fund Budget 75,397,305 74,883,361 62,633,343 79,548,718 76,967,952 Board of Selectmen 15 2008 ANNUAL TOWN MEETING MOTION BOOK ARTICLE 10. GENERAL APPROPRIATION ARTICE F.C. REPORT PAGES 20-24. MOTION PRESENTER: DOUGLAS SWATSKI-CHAIR-FINANCE COMMITTEE - PLEASE READ ITEMS IN TABLE BELOW: MOVE TO APPROPRIATE FUNDS FOR THE FISCAL YEAR 2009 GENERAL FUND AS FOLLOWS: GENERAL GOVERNMENT $2,649,879 PUBLIC SAFETY $8,736,699 NA SCHOOL $36,395,338 SNOW AND ICE REMOVAL $ 685,530 ALL OTHER PUBLIC WORKS $3,328,371 HEALTH AND HUMAN SERVICES $ 891,304 CULTURE AND RECREATION $ 822,057 DEBT SERVICE $8,373,113 EMPLOYEE BENEFITS 11,734,496 GREATER LAWRENCE TECHNICAL SCHOOL $264,447 SCHOOL BUILDING COMMITTEE $ 12,000 LIABILITY INSURANCE $350,000 FOR A TOTAL APPROPRIATION OF $ 74,243,234 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM FREE CASH $ 983,278 FROM OVERLAY SURPLUS $ 300,000 $ 1,283,278 16 2008 ANNUAL TOWN MEETING MOTION BOOK Town Manager Board of Selectmen Finance Committee Revised Recommended Changes Total General Government 2,649,879 - 2,649,879 Public Safety 8,734,685 2,014 8,736,699 N A School 36,266,724 128,614 36,395,338 Snow& Ice Removal 685,530 - 685,530 All Other Public Works 3,296,194 32,177 3,328,371 Health and Human Services 883,304 8,000 891,304 Culture and Recreation 820,057 2,000 822,057 Debt Service 8,373,113 - 8,373,113 Employee Benefits 11,798,756 (64,260) 11,734,496 Greater Lawrence Technical School 264,447 - 264,447 School Building Committee 22,000 (10,000) 12,000 Liability Insurance 474,828 (124,828) 350,000 Total Town Meeting Appropriation 74,269,517 -26,283 74,243,234 Overlay Reserve 350,000 - 350,000 State Assessments 2,348,435 - 2,348,435 Total Budget 76,967,952 -26,283 76,941,669 17 2008 ANNUAL TOWN MEETING MOTION BOOK ARTICLE 10-FISCAL YEAR 2009 GENERAL APPROPRIATION. - CONTINUED RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION AS MODIFIED FINANCE COMMITTEE: FAVORABLE ACTION AS MODIFIED PRESENTATION FORMAT: POWERPOINT AND HANDOUT- COMBINED PRESENTATION TOWN MANAGER, SCHOOL SUPERINTENDENT, FINANCE COMMITTEE CHAIR, -HANDOUT AND POWERPOINT. NOTES: MODIFIED BY MOVING $10K FROM SCHOOL BUILDING COMMITTEE TO $8K COA VAN DRIVER AND $2K IN LIBRARY SUPPLIES. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 18 2008 ANNUAL TOWN MEETING MOTION BOOK Article 11. Water Enterprise Fund Appropriation - Fiscal Year 2009. ARTICLE 11. WATER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2009. FINANCE COMMITTEE REPORT PAGE 25 WATER ENTERPRISE FY09 Recommendation Town Manager Board of FY08 Department Selectmen Finance Budget Request Committee Personnel 753,856 806,754 806,754 Expense 1,312,578 1,490,050 1,404,000 Debt Service 2,796,671 2,836,260 2,807,895 Sub-Total Direct Expenditures 4,863,105 5,133,064 5,018,649 Admin/Indirect 560,462 577,276 591,196 Total Water Enterprise 5,423,567 5,710,340 5,609,845 MOTION PRESENTER: DOUGLAS SWATSKI– CHAIR–FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: Move that the Town appropriate the amount of $5,609,845, in aggregate, for the purpose listed under the column "FY09 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Water Enterprise Fund, that $5,609,845 be raised from Water receipts and from these receipts $591,196 be transferred to the General Fund for indirect expenses. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION NOTES: MARK REES OR LYNE SAVAGE WILL RESPOND IF NEEDED —MAJORITY*MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 19 2008 ANNUAL TOWN MEETING MOTION BOOK Article 12. Sewer Enterprise Fund Appropriation - Fiscal Year 2009. SEWER ENTERPRISE FY09 Recommendation Town Manager Board of FY08 Department Selectmen Finance Budget Request Committee Personnel 372,928 407,272 407,272 Expense 256,477 296,400 265,000 GLSD Assessment 1,320,613 1,373,822 1,373,822 Settlement 56,000 56,000 56,000 Debt Service 1,871,507 2,229,208 2,098,114 Sub-Total Direct Expenditures 3,877,525 4,362,702 4,200,208 Admin/Indirect 299,238 308,215 348,894 Total Sewer Enterprise 4,176,763 4,670,917 4,549,102 ARTICLE 12. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2009. FINANCE COMMITTEE REPORT PAGE 26. MOTION PRESENTER: DOUGLAS SWATSKI– CHAIR–FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: Move that the Town appropriate the amount of $4,549,102, in aggregate, for the purpose listed under the column "FY09 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,214,544 be raised from sewer receipts and from these receipts $348,894 be transferred to the General Fund for indirect expenses and that $334,558 be transferred from Sewer Enterprise Fund retained earnings. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION NOTES: MARK REES OR LYNE SAVAGE WILL RESPOND IF NEEDED —MAJORITY*MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 20 2008 ANNUAL TOWN MEETING MOTION BOOK Article 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2009. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009. ARTICLE 13. STEVENS ESTATE AT OSGOOD HILLENTERPRISE FUND APPROPRIATION- FISCAL YEAR 2009. FINANCE COMMITTEE REPORT PAGE 27. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY09 FY09 Town Mqr, BOS, Finance Recommendation Committee FY09 Town Manager Recommendations FY08 Department Budget Request Personnel 186,200 145,207 84,000 150,744 Expense 262,409 214,600 150,203 297,500 Debt Service 0 0 0 0 Sub-Total Direct Expenditures 448,609 359,807 234,203 448,244 Admin/Indirect 71,391 73,533 64,176 64,176 Total Stevens Estate Enterprise 520,000 433,340 298,379 512,420 MOTION PRESENTER: DOUGLAS SWATSKI– CHAIR–FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL MOTION: Move that the Town appropriate the amount of $512,420 listed under the column "FY09 Recommended: Town Manager, Board of Selectmen, Finance Committee" and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $512,420 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $64,176 be transferred to the General Fund for indirect expenses. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION NOTES: MARK REES OR LYNE SAVAGE WILL RESPOND IF NEEDED —MAJORITY*MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 21 2008 ANNUAL TOWN MEETING MOTION BOOK Article 14. Capital Improvement Plan Appropriation Fiscal Year 2009. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program as detailed below: Fiscal Year 2009 CIP Recommendations Line Town Manager's # Project Description Recommendations 1 Sidewalk Reconstruction $ 50,000 2 Roadway (Unaccepted) Improvements $ 495,000 3 Sidewalk Construction $ 122,200 4 10 Wheel Dump Truck $ 158,000 5 Tractor $ 33,000 6 Tractor, Multi Purpose $ 141,000 7 Network Connection Upgrade $ 31,400 8 Student Management Software $ 150,000 9 Fire Arms Replacement $ 54,000 10 Relocation Main Street Fire Station $ 400,000 11 Electronic EMS Reporting System $ 50,000 12 System Re-engineering $ 185,000 General Fund Total $ 198699600 13 Truck/Compressor $ 38,000 14 Pick up Truck $ 35,000 15 Water Main Rehab $ 550,000 16 Foxwood Booster Pumping $ 325,000 Water Enterprise Fund Total $ 9489000 17 East Side Trunk Sewer $ 750,000 Sewer Enterprise Fund Total $ 7509000 Total - All Capital Projects $ 395679600 22 2008 ANNUAL TOWN MEETING MOTION BOOK ARTICLE 14. CAPITAL IMPROVEMENT PLAN APPROPRIATION FISCAL YEAR 2008. FINANCE COMMITTEE REPORT PAGE 28-29. MOTION PRESENTER: DOUGLAS SWATSKI-CHAIR-FINANCE COMMITTEE MOTION: Move to fund the Town Capital Improvement Program as printed under Article 14 of the Warrant for the 2008 Annual Town Meeting under the heading "FY 2009 CIP Recommendations" with the following amendments: Amend Line #2, "Roadway (Unaccepted) Improvements" to read "Roadway (Unaccepted) Improvements (Autran Ave)"; Delete Line 2, "Roadway (Unaccepted) Improvements (Autran Ave)" in the amount of$495,000; Decrease Line 8, "Student Management Software" by the amount of $75,000 for a revised total of$75,000; Delete Line 10, "Relocation Main Street Fire Station" in the amount of$400,000; Amend Line 12, "System Re-Engineering" to read "Computer System Re- engineering"; and to appropriate $2,597,600 for the listed projects in the amounts as follows: FY09 CIP Recommendations Line # Project Description Fund Code Town Managers Recommendations 1 Sidewalk Reconstruction B/N-G $ 50,000 3 Sidewalk Construction B/N-G $ 122,200 4 10 Wheel Dump Truck B/N-G $ 158,000 5 Tractor B/N-G $ 33,000 6 Tractor, Multi Purpose B/N-G $ 141,000 7 Network Connection Upgrade B/N-G $ 31,400 8 Student Management Software B/N-G $ 75,000 9 Fire Arms Replacement B/N-G $ 54,000 11 Electronic EMS Reporting System B/N-G $ 50,000 12 Computer System Re-engineering B/N-G $ 185,000 General Fund Total $ 899,600 13 Truck/Compressor R/A-W $ 38,000 14 Pick up Truck R/A-W $ 35,000 15 Water Main Rehab B/N-W $ 550,000 16 Foxwood Booster Pumping B/N-W $ 325,000 Water Enterprise Fund Total $ 948,000 23 2008 ANNUAL TOWN MEETING MOTION BOOK 17 East Side Trunk Sewer B/N-S $ 750,000 R/A-S $ - Sewer Enterprise Fund Total $ 750,000 * Fund Codes spelled out below Funding Recommendation Code Totals Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate -Water Enterprise R&A-W $ 73,000 Raise and Appropriate - Sewer Enterprise R&A-S $ - Bonds/Notes - General Fund B/N-G $ 899,600 Bonds/Notes - Water Enterprise B/N-W $ 875,000 Bonds/Notes - Sewer Enterprise B/N-S $ 750,000 Total All Capital Projects $ 2,597,600 that to meet this appropriation: (1) $73,000 shall be raised and appropriated from the Water Enterprise Fund, (2) the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,417,536.66 under Chapter 44 of the Massachusetts General Laws, (3) a portion of the appropriation for item 4 above in the amount of $17,848.80 shall be funded with $17,848.80 that shall be transferred from the following project in the amount set forth below, said sum representing an amount raised and appropriated from the tax levy for the project that is not needed for the project: Amount Project Date/Article Number $17,848.80 Safety Vehicle 5/13/00 (Art. 14, item 14) and (4) a portion of the appropriation for item 4 above in the amount of$89,214.54 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $37.10 Animal Control Van 5/10/04 (Art. 11, item 14) 6/15/05 $1,106.74 DPW Equipment 5/4/93 (Art. 7, item 20) 9/1/98 $21.76 ADA Sidewalks 11/14/95 (Art. 5) 1/15/97 $277.00 Tractor 5/14/01 (Art. 8, item 10) 4/1/02 $8,719.64 Front End Loader 5/14/01 (Art. 8, item 10) 4/1/02 $10,685.35 Gang Mower 5/13/02 (Art. 11, item 15) 10/1/03 $75.12 Sweeper 5/13/02 (Art. 11, item 18) 10/1/03 $2,904.00 Dump Truck 5/12/03 (Art. 13, item 12) 7/1/05 $6,972.10 Roadways 5/12/03 (Art. 13, item 11) 7/1/05 $1,826.25 Dump Truck 5/12/03 (Art. 13, item 12) 7/1/05 $75.00 Skyworker 5/12/03 (Art. 13, item 13) 7/1/05 $565.00 Dump Truck 5/10/04 (Art. 11, item 2) 6/15/05 $565.00 Dump Truck 5/10/04 (Art. 11, item 3) 6/15/05 $405.00 1-Ton Pick Up 5/10/04 (Art. 11, item 4) 6/15/05 24 2008 ANNUAL TOWN MEETING MOTION BOOK $476.55 2-Ton Pick Up 5/10/04 (Art. 11, item 5) 6/15/05 ARTICLE 14 CONTINUED: Amount Project Date/Article Number Date of Notes $1,670.88 Tractor 2007 6/5/06 (Art. 24, item 11) 6/19/07 $49,716.05 Front End Loader 6/5/06 (Art. 24, item 12) 6/19/07 $3,116.00 1-Ton Pick Up 2007 6/5/06 (Art. 24, item 10) 6/19/07 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION - #2—ALL OTHERS FAVORABLE PLANNING BOARD: FAVORABLE ACTION #13,#14,#15,#16,#17 PRESENTATION FORMAT: VERBAL — TOWN MANAGER AND DIVISION DIRECTORS WILL RESPOND IF NEEDED NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 25 2008 ANNUAL TOWN MEETING MOTION BOOK Article 15. Establishment of Revolving Funds. To see if the Town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2008; Revolving Fund Accounts Account Authorized to FY 2009 Number Revolving Fund Spend Use of Funds Revenue Source Limit 1 2031213 Youth Services Assistant All programs and Participants'fees, $ 250,000 Revolving Town activities, expense, Grants,Donations Manager part time help and related Fund- raising proceeds 2 2031210 Field Director Field maintenance, Field rental fees, Maintenance Division of upgrade and related Grants,Donations $ 10,000 Public Works expenses and related Fund- raising proceeds Participants'fees, 3 2031217 Elder Services Assistant Senior programs, Grants,Donations COA Revolving Town Manager classes and and related Fund- $ 25,000 activities raising proceeds Clinic participant 4. 2031211 Health Dept Director Clinic supplies and fees,Grants, Revolving Community other related Donations,and Development materials related Fund-raising $ 30,000 Division proceeds Director 5. 2031204 Wheelabrator Community Air quality Wheelabrator Host Planning Development monitoring Community $ 35,000 Division Agreement Director 6. 2031205 Wheelabrator Community To enforce Trash Wheelabrator Host Public Safety Development Truck regulations Community $ 20,000 Division Agreement Director 7. 2031206 Wheelabrator Community Protection of health, Wheelabrator Host Health Development safety and monitoring Community $ 24,066 Division the air quality Agreement Director 8. 2031207 Health Dept Community Food Consultant Food Inspections Development fees and expenses Inspection Fees $ 20,000 Division related to program Director 9. 2031208 Health Dept- Community Septic Consultant Inspection Fees $ 40,000 Septic Development fees and expenses Inspections Division related to program Director 10. NEW Stormwater Community Review,test and Review Fees $ 40,000 Bylaw Development inspect Stormwater Division reports Total: $ 454,066 26 2008 ANNUAL TOWN MEETING MOTION BOOK Revolving Fund.Account Receipts and Expenditures. Account Balance FY07 FY07 Balance Receipts Expenditures Number Revolving Fund 7/1/06 Receipts Expenditures 06/30/07 thru 3/17/08 thru 3/17/08 Balance 1. 2031213 Youth Services $ 266,020 $ 237,575 $ (226,711) $276,884 $ 59,246 $ (176,528) $ 159,603 Revolving 2. 2031210 Field Maintenance $ 26,750 $ 200 $ (8,540) $ 18,411 $ 500 $ - $ 18,911 3. 2031217 Elder Services $ 1,938 $ 17,270 $ (15,013) $ 4,195 $ 8,894 $ (11,686) $ 1,403 -COA Revolving 4. 2031211 HealthDept $ 11,162 $ 23,633 $ (29,342) $ 5,453 $ 24,202 $ (24,653) $ 5,001 Revolving 5. 2031204 Wheelabrator $ 76,677 $ 25,000 $ (36,618) $65,059 $ 25,000 $ (13,775) $ 76,284 Planning 6. 2031205 Wheelabrator $ 71,183 $ 12,700 $ (13,851) $70,032 $ 14,240 $ (5,021) $ 79,251 Public Safety 7. 2031206 Wheelabrator $ 48,890 $ - $ (4,295) $44,595 $ - $ (20,529) $ 24,066 Health 8. 2031207 Health Dept- $ 40,498 $ 17,065 $ (571) $ 56,991 $ 19,990 $ (4,365) $ 72,616 Food Inspections 9. 2031208 Health Dept- $ 30,081 $ 25,950 $ (26,531) $29,500 $ 15,985 $ (11,148) $ 34,337 Septic Inspections 27 2008 ANNUAL TOWN MEETING MOTION BOOK Article 15. Establishment of Revolving Funds. MOTION: MOVE TO ADOPT ARTICLE 15 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: IN "REVOLVING FUND ACCOUNTS" DELETE ITEM 10 — STORM WATER BYLAW IN THE AMOUNT OF $40,000 FOR A REVISED TOTAL OF $449,066. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: DOUGLAS SWATSKI-CHAIR-FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL — MARK H. REES OR LYNE SAVAGE TO RESPOND NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 28 2008 ANNUAL TOWN MEETING MOTION BOOK Article 16. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; List of Appropriations — Community Preservation Fund Description Amount Category Old Police Court Refurbishment $91,476 Historical Preservation Stevens Estate Restoration $30,000 Historical Preservation Windows (Phase II) Former Greenery Property $1,350,000 Affordable Housing Neighborhood of Affordable Housing (NOAH) to create 42 new affordable housing units Reserve for Open Space $231,200 Open Space Protection Reserve for Historical Preservation $109,724 Historical Preservation Administrative Costs $5,000 Administration Total Appropriations $1,817,400 Community Preservation Committee 29 2008 ANNUAL TOWN MEETING MOTION BOOK Article 16. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. FINANCE COMMITTEE REPORT PAGE 33-34 MOTION PRESENTER: JOHN SIMONS-CHAIR COMMUNITY PRESERVATION COMMITTEE MOTION: MOVE TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE $1,817,400 FROM THE FISCAL 2009 COMMUNITY PRESERVATION FUND REVENUES IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44B. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION PRESENTATION FORMAT: POWERPOINT ONLY IF NECESSARY — OTHERWISE VERBAL FROM JOHN SIMONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 30 2008 ANNUAL TOWN MEETING MOTION BOOK Article 17. Continuation of MGL Chapter 59 Section 5K — Senior Work Program — Increase Funding to $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Laws Chapter 59 Section 5K — Senior Work Program for a total authorization of$18,000; Council on Aging Article 17. Continuation of MGL Chapter 59 Section 5K — Senior Work Program — Increase Funding to $18,000. FINANCE COMMITTEE REPORT PAGE 33-34 MOTION PRESENTER: WILLIAM CALLAHAN, COA, BOARD OF DIRECTORS MOTION: MOVE that the Town continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program not to exceed $18,000. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PRESENTATION FORMAT: VERBAL — BILL CALLAHAN OR RAY SANTILLI WILL RESPOND IF NEEDED. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 31 2008 ANNUAL TOWN MEETING MOTION BOOK Article 18. Appropriate Funds for 4th of July Fireworks Display for 2008. To see if the Town will vote to raise and appropriate $9,400 for the Town of North Andover's 4th of July fireworks display for calendar year 2008; Board of Selectmen Article 18. Appropriate Funds for 4th of July Fireworks Display for 2008. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 18. THIS MOTION WILL BE MADE IF FIREWORKS ARE FUNDED IN ARTICLE 10 — GENERAL APPROPRIATION ARTICLE. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JEFF COCO-FESTIVAL COMMITTEE PRESENTATION FORMAT: VERBAL-JEFF COCO OR JOAN HEAFEY WILL RESPOND NOTES: THIS ARTICLE MAY BE FUNDED IN THE GENERAL APPROPRIATION ARTICLE (ARTICLE 10). ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 32 2008 ANNUAL TOWN MEETING MOTION BOOK Article 19. Appropriation and Transfer of Funds to Purchase the Former Merrimack Valley Federal Credit Union Building Located at 1475 Osgood Street and Renovate the Building for Use as a Police Station. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to acquire the former Merrimack Valley Federal Credit Union building and land located at 1475 Osgood Street, and to authorize the Board of Selectmen to acquire said building and land by gift, purchase, or eminent domain, on terms and conditions that the Board of Selectmen deems to be in the best interests of the Town, and renovate the building including design, engineering, construction, furniture, equipment and any related costs for use as a police station, and furthermore; To see if the Town will vote to amend the vote taken on Article 22 — Appropriation of Funds — Town Owned Buildings into New Police Station taken at the Dissolved Annual Town Meeting for the Town of North Andover held on May 14, 15,21, 2007 and June 4, 2007 to read as follows: "Voted that $903,288 is appropriated for the purpose of rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned building into a New Police Station, and any costs incidental or related thereto; that to meet this appropriation $903,288 shall be transferred from the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $60,000 Fire & Police Station Planning May 11, 1998 (Article 34) Sept. 1, 1998 $265,262 Police Station Renovation May 14, 2001 (Article 8 #7) April 1, 2002 $578,026 New Police Station Design May 13, 2002 (Article 11 #12) July 1, 2005 And the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing authorized pursuant to Item 5 of Article 24 is changed to the following: "Rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned building into a New Police Station"; that the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is otherwise confirmed as so passed; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project; To see if the Town will vote that no funds may be spent until the School Committee votes pursuant to Massachusetts General Laws Chapter 40 Section 15A that the property is no longer needed for school purposes; and in addition; To transfer the care, custody and control of the land and building where the current Police Station is located at 566 Main Street to the Board of Selectmen for purposes of selling such land and building and to authorize such sale, with or without conditions regarding the use of the land and building, and to further appropriate $650,000 raised from the sale of the land and buildings to be used for acquiring and rehabilitating a non-town owned building into a police station; 33 2008 ANNUAL TOWN MEETING MOTION BOOK Article 19. Appropriation and Transfer of Funds to Purchase the Former Merrimack Valley Federal Credit Union Building Located at 1475 Osgood Street and Renovate the Building for Use as a Police Station. FINANCE COMMITTEE REPORT PAGES 36-37 MOTION: MOVE that $5,803,783 is appropriated to acquire the former Merrimack Valley Federal Credit Union building and land located at 1475 Osgood Street by gift, purchase, eminent domain or otherwise and to renovate such building for use as a police station; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $4,763,000 under Chapter 44 of the General Laws or any other enabling authority; that to meet this appropriation $95,884.37 shall be transferred from the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective projects or sums remaining after the respective projects have been abandoned as indicated below: Amount Project Date/Article Number Date of Bonds $76,714.02 Cyr Rec. Building (Abandoned) STM 11/14/95 (Art. 5) 1/15/97 $10,000.00 Cyr Dog Pound (Abandoned) STM 11/14/95 (Art. 5) 1/15/97 $5,925.48 Water System (Completed) ATM 5/2/89 (Art. 12 # 14) 1/15/97 $3,244.87 Water Hydraulic System (Completed) ATM 5/6/91 (Art. 12# 21) 6/15/95 that to meet this appropriation $41,611.09 shall be transferred from the following projects in the amounts set forth below, said sums representing amounts raised and appropriated from the tax levy for each project that are not needed for each respective project: Amount Project Date/Article Number $35,524.38 Town Farm Building ATM 5/13/00 (Art. 14 #13) $5,158.10 Town Garage Heating System ATM 5/3/99 (Art. 8 #21) $414.21 Master Plan ATM 5/6/96 (Art. 5) $514.40 Transportation Planning Study ATM 5/4/87 (Art. 44); that the vote of the Town taken pursuant to Article 22 — Appropriation of Funds — Town Owned Buildings into New Police Station taken at the Dissolved Annual Town Meeting for the Town of North Andover held on May 14, 15, 21 and June 4, 2007 is hereby amended to read as follows: "Voted that $903,288 is appropriated for the purpose of rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned building into a New Police Station, and any costs incidental or related thereto; that to meet this appropriation $903,288 shall be transferred from the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: 34 2008 ANNUAL TOWN MEETING MOTION BOOK Amount Project Date/Article Number Date of Bonds $60,000 Fire & Police Station Planning May 11, 1998 (Article 34) Sept. 1, 1998 $265,262 Police Station Renovation May 14, 2001(Article 8 #7) April 1, 2002 $578,026 New Police Station Design May 13, 2002(Articlell#12) July 1, 2005 that the vote of the Town passed June 5, 2006 under Article 24 of the Warrant for the 2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing authorized pursuant to Item 5 of Article 24 is changed to the following: "Rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned building into a New Police Station" and that such vote is otherwise confirmed as so passed; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: POWERPOINT — MARK CAGGIANO, SAM AMEEN, CHIEF STANLEY AND MARK REES WILL SPEAK. FINANCE COMMITTEE WILL SPEAK REGARDING THEIR CONCERNS. ONE SLIDE- DOUG SWATSKI-FINANCE COMMITTEE. NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 35 2008 ANNUAL TOWN MEETING MOTION BOOK Article 20. Amend Article 22 — 2007 Annual Town Meeting - Appropriation of Funds — Town Owned Buildings into New Police Station. To see if the Town will vote to amend the vote taken on Article 22 — Appropriation of Funds — Town Owned Buildings into New Police Station taken at the Dissolved Annual Town Meeting for the Town of North Andover held on May 14, 15,21, 2007 and June 4, 2007 to read as follows: Voted that $903,288 is appropriated for the purpose of rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned building into a New Police Station, and any costs incidental or related thereto; that to meet this appropriation $903,288 shall be transferred from the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: Amount Proiect Date/Article Number Date of Bonds $ 60,000 Fire & Police Station Planning May 11, 1998 (Article 34) September 1, 1998 $265,262 Police Station Renovation May 14, 2001 (Article 8 #7) April 1, 2002 $578,026 New Police Station Design May 13, 2002 (Article 11 #12) July 1, 2005 And the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing authorized pursuant to Item 5 of Article 24 is changed to the following: "Rehabilitating a Town owned building or acquiring and rehabilitating a non-town owned building in a New Police Station"; that the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is otherwise confirmed as so passed; and that the Board of Selectmen is authorized to take any other action necessary to carry out this project and no funds may be spent until the School Committee votes pursuant to Massachusetts General Laws Chapter 40 Section 15A that the property is no longer needed for school purposes; and in addition; To transfer the care, custody and control of the land and building where the current Police Station is located at 566 Main Street to the Board of Selectmen for purposes of selling such land and building and to authorize such sale, with or without conditions regarding the use of the land and building, and to further appropriate $650,000 raised from the sale of the land and buildings to be used for acquiring and rehabilitating a non-town owned building into a police station; Petition of Mark H. Rees and others 36 2008 ANNUAL TOWN MEETING MOTION BOOK Article 20. Amend Article 22 — 2007 Annual Town Meeting - Appropriation of Funds — Town Owned Buildings into New Police Station. FINANCE COMMITTEE REPORT—PAGE 38 MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 20. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 37 2008 ANNUAL TOWN MEETING MOTION BOOK Article 21. Bradstreet School — 70 Main Street — Conversion to Police Station. To see if the Town will vote to transfer the care, custody and control of the land and buildings at the Bradstreet School at 70 Main Street to the Board of Selectmen for the purposes of a Police Station and to fund the design, engineering, construction furniture, equipment and any related costs associated with the renovation of the Bradstreet School into a police station, the Board of Selectmen, and other town boards or officials as provided for in this article or state law, be authorized to: A) Borrow and appropriate under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary for the restoration of the Bradstreet School for use as a police station; B) Transfer unexpended funds in capital project accounts for the restoration of the Bradstreet School for use a police station; C) Raise, borrow and appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws, Chapter 44B, a sum of money to be spent under the direction of Community Preservation Committee for the restoration of the Bradstreet School for use as a police station; D) Transfer the care, custody and control of the land and building where the current Police Station is located at 566 Main Street to the Board of Selectmen for purposes of selling such land and building and to authorize such sale, with or without conditions regarding the use of the land and building, and to further appropriate $650,000 raised from the sale of the land and buildings to be used for the restoration of the Bradstreet School for use as a police station. Board of Selectmen Article 21. Bradstreet School— 70 Main Street— Conversion to Police Station. FINANCE COMMITTEE REPORT—PAGE 39 MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 21. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 38 2008 ANNUAL TOWN MEETING MOTION BOOK Article 22. Authorize Borrowing of Funds for the Construction of a School Facility — Route 125/133 —Adjacent to Atkinson School and Middle School. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money to be spent under the direction of the School Building Committee necessary for the design, engineering, construction, furnishing equipping and any related costs of a school facility to be located on town owned land on Route 125/133 Chickering Road adjacent to Atkinson Elementary School and the North Andover Middle School, including, but not limited to, the following sources of funds; general fund borrowing, unexpended funds in the Foster Farm School capital project account and funds from the Osgood Landing 40R state grant. Article 22. Authorize Borrowing of Funds for the Construction of a School Facility — Route 125/133—Adiacent to Atkinson School and Middle School. FINANCE COMMITTEE REPORT—PAGE 38 MOTION: MOVE that $4,000,000 is appropriated for the design, engineering, construction, furnishing and equipping of a new school facility to be located on town owned land on Route 125/133 Chickering Road adjacent to Atkinson Elementary School and the North Andover Middle School; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,068,345 under G.L. c.44 of the General Laws or any other enabling authority and $1,331,655 shall be transferred from the following project, which is hereby abandoned, in the amount set forth below, said sums representing excess bond proceeds remaining in connection with the respective project: Amount Project Date/Article Number Date of Bonds $1,331,655 New Elementary School ATM 5/13/02 (Art. 11 #3) 10/1/03 that the Board of Selectmen is authorized to contract for and expend any federal or state aid available for the project, including a $600,000 Osgood Landing 40R Grant, and that the Board of Selectmen is authorized to take any other action necessary to carry out this project. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: BARBARA J. WHIDDEN, CHAIR-SCHOOL COMMITTEE PRESENTATION FORMAT: POWERPOINT — BARBARA WHIDDEN AND DR. MARINI NOTES: MARK REES WILL EXPLAIN $600,000. DOUG SWATSKI-FINANCE COMMITTEE WILL EXPLAIN THEIR POSITION. ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 39 2008 ANNUAL TOWN MEETING MOTION BOOK Article 23. Acceptance of Massachusetts General Laws Chapter 71, Section 37M- Consolidation of Administrative Functions. To see if the Town will vote accept the provisions of Massachusetts General Laws, Chapter 71, Section 37M, "Consolidation of administrative functions with city or town" and to authorize the consolidation of all or some of the following functions: purchasing, payroll, information technology and facility management; Article 23. Acceptance of Massachusetts General Laws Chapter 71, Section 37M- Consolidation of Administrative Functions. MOTION: MOVE TO ADOPT ARTICLE 23 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL — MARK H. REES AND DR. MARINI WILL COMMENT NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 40 2008 ANNUAL TOWN MEETING MOTION BOOK Article 24. Petition the Legislature— Special Act to Exempt the Town of North Andover from Portions of Prevailing Wale Act. To see if the Town will vote authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to exempt the Town of North Andover from the provisions of Massachusetts General Laws Chapter 149, Sections 26 through 27G, the Prevailing Wage Law, so called, for projects estimated to cost $50,000 or less; Board of Selectmen Article 24. Petition the Legislature— Special Act to Exempt the Town of North Andover from Portions of Prevailing Wage Act. MOTION: MOVE TO ADOPT ARTICLE 24 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT — INSERT "TO" BETWEEN VOTE AND AUTHORIZE IN LINE 2. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL-MARK REES TO EXPLAIN NOTES: MR. MODERATOR — PLEASE DO HAND COUNT IF VOTE IS NOT UNANIMOUS. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 41 2008 ANNUAL TOWN MEETING MOTION BOOK Article 25. Enforcement of General and Zoning Bylaws. To see if the Town will vote to enforce and uphold the general and zoning bylaws of the Town of North Andover, as previously approved by citizen vote and the State Attorney General, and that the Town will be compelled to follow the official protocol for issuing a variance or special permit through the zoning board of appeals whenever an application does not meet the requirements of the existing bylaw. At any time that the Town does not enforce such bylaw, a definitive legal opinion by special town counsel must be presented to the citizens at Town meeting, explaining why a particular bylaw is not legally enforceable or was chosen not to be defended in court. Subject to this provision, the Town will be required to bring forth the necessary amendments that will remove any proven illegality from the bylaw. Any town official shown to have violated the requirements of the bylaw without demonstrated legal standing, shall be removed from his/her position as a permit granting authority; Petition of Steven R. Tryder and others Article 25. Enforcement of General and Zoning Bylaws. MOTION: MOVE TO ADOPT ARTICLE 25 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: STEVEN R. TRYDER-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: TOWN COUNSEL HAS STATED THAT APPROVAL OF THIS BYLAW WILL NOT IMPEDE PERMITTING AUTHORITY. TOWN COUNSEL WILL ADDRESS QUESTIONS. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Article 26. Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3 c v 1 . To see if the Town will vote to enforce Wireless Service Facilities Section 8.9.3 (c)(v) (1) of the Zoning Bylaw of the Town of North Andover, which states in part: 42 2008 ANNUAL TOWN MEETING MOTION BOOK "A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types." If the Town approves the enforcement of the Wireless Service Facilities Section 8.9.3 (c)(v) (1) of the Zoning Bylaw of the Town of North Andover, the Zoning Board of Appeals will hold a public hearing for the Site Plan Review Special Permit that is required under the aforementioned bylaw to allow Omnipoint Communications, Inc. to operate a wireless facility within the church spire at First Calvary Baptist Church, 586 Massachusetts Avenue and for SPRINT to renew an expired special permit at 300 Chestnut Street. Both sites fall within the scope of residential and/or educational use; Petition of Michael Dyer and others Article 26. Enforcement of Wireless Service Facilities Zoning Bylaw-Section 8.9.3 c v 1 . MOTION: MOVE TO ADOPT ARTICLE 26 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: MICHAEL DYER- PETITIONER PRESENTATION FORMAT: VERBAL NOTES: TOWN COUNSEL HAS STATED THAT APPROVAL OF THIS BYLAW WILL NOT IMPEDE PERMITTING AUTHORITY. TOWN COUNSEL WILL ADDRESS QUESTIONS. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Article 27. Amend General Bylaws-Add New Section - Chapter 92 - Eminent Domain. To see if the Town will vote to amend it's General Bylaws by adding a new section, Chapter 92, Eminent Domain: 43 2008 ANNUAL TOWN MEETING MOTION BOOK The authority of the Town of North Andover and its agencies of local government, as reserved to localities under Chapter 79 of Massachusetts General Law, to seize privately owned parcels against the expressed will of the owner through the use of eminent domain procedures, shall, in light of the Kelo vs. New London U.S. Supreme Court decision, be specifically further limited as follows: 1.) To only those proposed taking actions incorporating the transfer of a private parcel(s) to the Town of North Andover or any of its authorized agencies of local government, and under no circumstances to another private party, and; 2.) To only those proposed taking actions whose purpose is the creation of a facility for actual public use and ownership to include public open spaces, parks, and watershed protection districts and never for the purposes of economic development or the enhancement of the local tax base. Nothing in this bylaw shall limit the authority of the Town of North Andover or its authorized agencies of local government to seize property that is endangering the health and safety of its residents or which could otherwise be seized or foreclosed upon for tax delinquency in accordance with the provisions of Chapter 60 of Massachusetts General Law; Petition of Edwin P. Tripp III and others Article 27. Amend General Bylaws-Add New Section - Chapter 92 - Eminent Domain. MOTION: MOVE TO ADOPT ARTICLE 27 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: DELETE WORDS WITH STRIKE OUT AND ADD UNDERLINED LANGUAGE: 2 . ) To only those proposed taking actions whose purpose is the creation of a facility for actual public use and ownership, to include public open spaces, parks, and watershed protection districts, roadways, and other similar public projects, and never for the purposes of economic development or the enhancement of the local tax base. Nothing in this bylaw shall limit the authority of the Town of North Andover or its authorized agencies of local government to seize property that is endangering the health and safety of its residents, or which could otherwise be seized or foreclosed upon for tax delinquency in accordance with the provisions of Chapter 60 of Massachusetts General Law, or which is necessary for easements. 44 2008 ANNUAL TOWN MEETING MOTION BOOK RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION-AS AMENDED FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: EDWIN P. TRIPP, III- PETITIONER PRESENTATION FORMAT: VERBAL NOTES: AMENDMENT MAY BE PROVIDED BY MR TRIPP ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 45 2008 ANNUAL TOWN MEETING MOTION BOOK Article 28. Amend General Bylaws — Chapter 17 — Section 17-9-Revenue/Fixed Costs Review Committee. To see if the Town will vote to amend it's General Bylaws by adding additional language at the end of Section 17-9 of Chapter 17, such Section entitled Revenue/Fixed Costs Review Committee: The Committee or its designees shall, in addition to its above duties, annually prepare a five year, non-binding financial forecasting plan which projects revenues, revenue sources and expenditures for the five years next ensuing. The forecast shall include all elements of revenue, operating expense and debt service. The financial forecasting plan shall be completed no later than March 1st and a report issued no later than March 15th. The report shall be shared with the Finance Committee, the Board of Selectmen, the School Committee and the public. The Committee shall update the forecasting plan as deemed necessary, but in no event less than once every six months. The most recent financial forecasting plan shall be included in the report by the Finance Committee prepared for an annual or special town meeting. The report shall be published in the Annual Town Report and on the Town's Internet site, and in any other media as the Committee may so designate; Petition of Edwin P. Tripp III and others Article 28. Amend General Bylaws — Chapter 17 — Section 17-9-Revenue/Fixed Costs Review Committee. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 28. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION PRESENTER: EDWIN P. TRIPP III- PETITIONER PRESENTATION FORMAT: VERBAL — DOUG SWATSKI WILL EXPLAIN FINANCE COMMITTEE POSITION. NOTES: PETITIONER MAY MOVE TO TAKE NO ACTION ON 28. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 46 2008 ANNUAL TOWN MEETING MOTION BOOK Article 29. Acceptance of Foulds Terrace as a Public Way. To see if the Town will vote to accept Foulds Terrace as a public way and authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise any fee, easement or other interest in land known as Foulds Terrace as shown on a plan entitled "Layout Plan of Foulds Terrace Located in North Andover, MA, Prepared for the Town of North Andover, MA, Scale 1" = 40', Date 2/08/08, Christiansen & Sergi, Haverhill, MA, and on file in the Office of the Town Clerk, to which plan reference may be made for a more particular description, and to award no damages for said taking or payment for said acquisition; Board of Selectmen Article 29. Acceptance of Foulds Terrace as a Public Way. MOTION: MOVE TO ADOPT ARTICLE 29 AS PRINTED IN THE WARRANT. FOULDS TERRACE LAID OUT BY THE BOS ON APRIL 28, 2008. LAYOUT NOTICE POSTED IN TOWN CLERK'S OFFICE APRIL 29, 2008. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL-MARK REES WILL EXPLAIN. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 47 2008 ANNUAL TOWN MEETING MOTION BOOK Article 30. Taking of Autran Avenue for a Public Way. To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise any fee, easement or other interest in land known as Autran Avenue for purposes of a public way, and for any other municipal purpose, as shown on a plan of land entitled "Street Acceptance Plan located in North Andover, prepared for Autran Avenue, scale 1" = 60', dated 1/7/05, prepared by Christiansen & Sergi, Haverhill, MA, and on file in the Office of the Town Clerk, to which plan reference may be made for a more particular description, and to award no damages for said taking, or payment for said acquisition. Article 30. Taking of Autran Avenue for a Public Way. MOTION: MOTION PENDING RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL—TOWN COUNSEL TO EXPLAIN NOTES: MAY BE WITHDRAWN. MOTION TO "TAKE NO ACTION" REQUIRES MAJORITY VOTE. ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 48 2008 ANNUAL TOWN MEETING MOTION BOOK Article 31. Establishment of Excavation & Trench Safety Board. To see if the Town will, pursuant to Massachusetts General Laws Chapter 82A, Section 2, vote to designate the Board of Selectmen to determine the Board or Officer to issue permits for the purpose of creating a trench as that term is defined by Massachusetts General Laws Chapter 82A, Section 4 and 520 CMR 14.00 and vote that the Board of Selectmen shall have the authority to establish fees for the issuance of such permits; Article 31. Establishment of Excavation & Trench Safety Board. MOTION: MOVE TO ADOPT ARTICLE 31 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN PRESENTATION FORMAT: VERBAL-MARK H. REES WILL EXPLAIN. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 49 2008 ANNUAL TOWN MEETING MOTION BOOK Article 32. Amend Vote Article 42-1997 Annual Town Meeting Removal of Development Restrictions on Map 62, Parcels 18, 9, and 64. To see if the Town will vote to amend Article 42 Conservation Restriction — Town Farm approved at the May 13, 1997 Annual Town Meeting to allow for the construction of athletic fields on Assessors Map #64, Parcels 9, 18, 20 & 64 and if necessary to effect this change, to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts for appropriate legislative relief, Board of Selectmen Article 32. Amend Vote Article 42-1997 Annual Town Meeting Removal of Development Restrictions on Map 62, Parcels 18, 9, and 64. MOTION: WAITING FOR MOTION FROM TOM ZAHORUIKO RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO,CHAIR,BOARD OF SELECTMEN PRESENTATION FORMAT: POWERPOINT-TOM ZAHORUIKO WILL PRESENT ARTICLE AND ANSWER QUESTIONS FROM THE PODIUM. NOTES: MOTION AND EXPLANATION WILL BE ON SEPARATE HANDOUT. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Article 33. Amend North Andover General Bylaws, New Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw. To see if the Town will vote to amend 50 2008 ANNUAL TOWN MEETING MOTION BOOK the Town of North Andover General Bylaws by adding a new Chapter, Chapter 160, Stormwater Management& Erosion Control Bylaw. Chapter 160 to read as follows: Chapter 160 Stormwater Management & Erosion Control Bylaw FULL TEXT IS IN FINANCE COMMITTEE REPORT PAGES 47-48 Article 33. Amend North Andover General Bylaws, New Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 33. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: MARK J.T. CAGGIANO, CHAIR-BOARD OF SELECTMEN OR DPW PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 51 2008 ANNUAL TOWN MEETING MOTION BOOK Article 34. Amend General Bylaws — Add New Chapter— Chapter 134 - Machine Shop Village Neighborhood Conservation District Bylaw. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by enacting a bylaw entitled the "Machine Shop Village Neighborhood Conservation District Bylaw" to be inserted into the General Bylaws for the Town of North Andover as Chapter 134. FULL TEXT OF BYLAW IN FINANCE COMMITTEE REPORT—PAGES 47-58 Article 34. Amend General Bylaws — Add New Chapter— Chapter 134 - Machine Shop Village Neighborhood Conservation District Bylaw. MOTION: MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JOHN SIMONS-CHAIR-CPA PRESENTATION FORMAT: VERBAL-JOHN SIMONS WILL EXPLAIN THAT THIS BYLAW WAS PRESENTED AT LAST YEAR'S TOWN MEETING AND THE LEGISLATURE DEEMED IT SHOULD BE RETURNED TO TOWN MEETING FOR PROCESSING THROUGH THE NORMAL BYLAW PROCESS. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 52 2008 ANNUAL TOWN MEETING MOTION BOOK Article 35. Amend North Andover Zoning Bylaw — Section 4.122 Residence 4 District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.122 in order to allow a Family Suite as an allowed use within the Residence 4 Zoning District. Amend Section 4.122 by adding the underlined language to read as follows: 4.122 Residence 4 District 22. Family Suite — A separate dwelling unit located within or attached to a dwelling for a member of a household hereinafter ("Family Suite") is allowable by Special Permit by the Zoning Board of Appeals provided: a. The Family Suite unit is occupied by a family member, which shall include: brothers, sisters, maternal and paternal parents, grandparents, great grand parents, cousins in the first degree, nieces, nephews, lawful in-laws, and or children, or any combination thereof of the residing dwelling unit owner's family; b. That the premises shall inspected annually by the Building Inspector for conformance to this section of the Bylaw and the Dwelling Unit Owner shall certify the same, of which, failure to inspect the premises by the Building Inspector shall not invalidate the Special Permit; c. The Special Permit shall be recorded at the North Essex Registry of Deeds. Planning Board 53 2008 ANNUAL TOWN MEETING MOTION BOOK Article 35. Amend North Andover Zoning Bylaw— Section 4.122 Residence 4 District. MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT. DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW AND ADD THE FOLLOWING UNDERLINED LANGUAGE. PLEASE READ DELETED AND ADDED LANGUAGE IN MOTION. THIS MOTION IS IN THE PLANNING BOARD REPORT ON PAGE 8 FOR VOTER REVIEW. 4.122 Residence 4 District 22. Family Suite — a separate dwelling unit loented within or attached to a dwelling for a member of a household is allowable by Special Permit by the Board of Appeals provided: a. The Family Sui dwelling unit is not occupied by a family member, whieh shall ode: anyone except brothers, sisters, maternal and paternal parents, and grandparents, g-re" grand parents, eousins in the first degree, nieees, nephews, lawful in laws, and I or children, or any eombination thereo of the residing dwelling unit owners family of the dwelling unit; b. That the premises shall are inspected annually by the Building Inspector for conformance to this section of the Bylaw , of whieh, failure to inspeet the premises by the Building inspeetor shall not invalid the Speeial Permit; C. The Special Permit shall be recorded at the North Essex Registry of Deeds. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: JOHN SIMONS-CHAIR-PLANNING BOARD PRESENTATION FORMAT: VERBAL-MAY NEED ZBA INPUT NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 54 2008 ANNUAL TOWN MEETING MOTION BOOK Article YCX36. Amend North Andover Zoning Bylaw — Section 6 Signs and Sign Lighting Regulations. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 6 Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by defining an "A- Frame/Sandwich Board" sign and "Animated Sign" and amending Subsection 6.6(B) Permitted Signs by adding language requiring a Sign Permit for A-Frame/Sandwich Board signs within all zoning districts. Amend Section 6.3 by adding the following underlined language and renumbering accordingly to read as follows: 6.3 Definitions 1. A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of standing without support or attachments. 2. Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 3. Animated Sign: Any sign that uses movement or a change of lighting to o depict action or create a special effect or scene. 4. Building Frontage - The length in feet of a ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. 5. Dimensional Sign - A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30". 6. Display Window Signs - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 7. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. 8. Flagpole - A pole erected on a roof, or projecting from a building or structure or on the ground. 9. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. 10. Ground Sign - Any sign erected on the ground which is self-supported and anchored to the ground. 11. Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity, or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. 12. Marquee - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. 13. Non-Accessory Sign - Any sign that is not an accessory sign. 14. Obscene - shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows: 1. Appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; 2. Depicts or describes sexual conduct in a potentially offensive way; and 3. Lacks serious literary, artistic, or political or scientific value. 55 2008 ANNUAL TOWN MEETING MOTION BOOK 15. Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days. 16. Primary Sign - The principal accessory sign, which may be a wall, roof, or ground sign, as allowed in Section 6.6. 17. Projecting Sign - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure. 18. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. 19. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in Section 6.6. 20. Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary. 21. Sign Size (Area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. 22. Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer than sixty (60) days unless otherwise specifically provided herein. 23. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. Amend Section 6.6(B) by adding the following underlined language and renumbering accordingly to read as follows: 6. Temporary A-frame Sign Permit. The Building Inspector may issue a sign permit for the temporary placement of a freestanding A-frame/sandwich sign which (i) announces a performance, an event, an advertisement, or is for directional purposes; ii) must be securely anchored so as to not blow over and is professional in appearance; iii) must be removed at the close of business and at the expiration of the permit; iv) may not obstruct a public or private walkway, or be placed on public property. The maximum area shall not exceed eight (8) square feet on each side, and a maximum height of five (5) feet above the ground. The temporary permit may impose limiting conditions, including among other matters the number allowed at each business property location. 7. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non- commercial issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be subject to the limitations set forth in subsection (5) (a)-(e) above. 56 2008 ANNUAL TOWN MEETING MOTION BOOK 8. Identification Signs or entrance markers for a church, or synagogue shall not exceed a combined total of thirty (30) square feet and provided that there shall be no more than two (2) signs allowed on the premises 9. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; example, no hunting, no trespassing, etc.; Planning Board Article 36. Amend North Andover Zoning Bylaw — Section 6 Signs and Sign Lighting Regulations. MOTION: MOVE TO ADOPT ARTICLE 36 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: IN SECTION 6.3 — DEFINITIONS - #5 — DELETE DIMENSIONAL AND REPLACE WITH DIRECTIONAL. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: JOHN SIMONS-CHAIR-PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 57 2008 ANNUAL TOWN MEETING MOTION BOOK Article 37. Amend Zoning Bylaw — New Zoning District, Amending Section 16 — Addition Corridor Development District 3 (CDD3). To see if the Town will vote to amend the Section 16 of the North Andover Bylaw to create and establish a third Corridor Development District, Corridor Development District 3 (CDD3). Article 37. Amend Zoning Bylaw — New Zoning District, Amending Section 16 — Addition Corridor Development District 3 (CDD3). FULL TEXT OF ARTICLE 37 IS ON PAGES 69-77 OF FINANCE COMMITTEE REPORT. MOTION: MOVE TO ADOPT ARTICLE 37 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT "BETWEEN "ANDOVER" AND "BYLAW" INSERT "ZONING". RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: PLANNING BOARD CHAIRMAN PRESENTATION FORMAT: VERBAL OR POWERPOINT NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 58 2008 ANNUAL TOWN MEETING MOTION BOOK Article 38. Amend Zoning Map - Rezone Rte. 125 / Osgood Street Between Barker's Farm and Boundary of Haverhill -Corridor Development District 3 (CDD3). To see if the Town will vote to amend Zoning Map of the Town of North Andover pursuant to Section 3.2 to rezone twenty-nine (29) parcels fronting Route 125/Osgood Street, Bradford Street, Beechwood Drive, and Orchard Village Road from their current zoning designations to Corridor Development District 3. Said parcels begin at Map 34, Parcel 10 (Barkers's Farm) and terminate at Map 61, Parcel 39 (boundary of Haverhill and North Andover). ➢ To rezone fifteen (15) parcels of land, consisting of approximately 27.6 acres, with land fronting Osgood Street and Bradford Street beginning at the Haverhill and North Andover Town boundary line and extending easterly and southeasterly by a line parallel to and distant 500 feet easterly from the centerline of Rte. 125 / Osgood Street to and including Assessor's Map 34, Parcel 41 with the following exceptions: • The Corridor Development District 3 Zoning designation shall be extended to include the entire property boundaries of Map 61, Parcel 38. • The Corridor Development District 3 Zoning designation shall be extended to include the entire property boundaries of Map 61, Parcel 66. • Map 34, Parcel 31 shall be zoned entirely Residential 2. • Map 61, Parcel 22 shall be zoned entirely Residential 2. These fifteen (15) parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels to change from their current zoning designation of Industrial S to Corridor Development District 3: ■ 721 Osgood Street—Map 61, Parcel 8 ■ 1679 Osgood Street—Map 61, Parcel 16 ■ 1719 Osgood Street—Map 61, Parcel 17 ■ 0 Osgood Street—Map 61, Parcel 18 ■ 0 Bradford Street—Map 61, Parcel 38 ■ 1755 Osgood Street—Map 61, Parcel 39 ■ 1701 Osgood Street—Map 61, Parcel 66 ■ 1659 Osgood Street—Map 34, Parcel 1 ■ 1635 Osgood Street—Map 34, Parcel 2 ■ 1627 Osgood Street—Map 34, Parcel 3 ■ 1591 Osgood Street—Map 34, Parcel 4 ■ 1609 Osgood Street—Map 34, Parcel 28 ■ 0 Osgood Street—Map 34, Parcel 31 ■ 1581 Osgood Street—Map 34, Parcel 41 ■ 1615 Osgood Street—Map 34, Parcel 44 ➢ To rezone twelve (12) parcels of land fronting Osgood Street and a certain parcel located within 1000 feet of Osgood Street beginning near intersection of Beechwood Drive and Osgood Street at Assessor's Map 34, Parcel 42 to and including Assessor's Map 34, Parcel 26 and consisting of approximately 40.8 acres. 59 2008 ANNUAL TOWN MEETING MOTION BOOK These twelve (12) parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels from their current zoning designation of Industrial 1 to Corridor Development District 3: ■ 0 Bradford Street—Map 61, Parcel 6 ■ 45 Beechwood Drive - Map 34, Parcel 6 ■ 49 Orchard Village Road - Map 34, Parcel 8 ■ 1451 Osgood Street—Map 34, Parcel 9 ■ 1475 Osgood Street- Map 34, Parcel 16 ■ 0 Osgood Street—Map 34, Parcel 25 ■ 1429 Osgood Street—Map 34, Parcel 20 ■ 0 Osgood Street—Map 34, Parcel 26 ■ 1551 Osgood Street- Map 34, Parcel 42 ■ 0 Beechwood Drive—Map 34, Parcel 50 ■ 45 Beechwood Drive - Map 34, Parcel 51 ■ 25 Orchard Village Road - Map 34, Parcel 52 ➢ To rezone a parcel of land with frontage on Osgood Street, shown on the Assessor's Map 34, Parcel 7 and consisting of approximately 2 acres from Business 2 to Corridor Development District 3. ➢ To rezone a portion of a parcel of land shown on the Assessor's Map 34, Parcel 10 from Industrial 1 to Corridor Development District 3 beginning from the westerly and southwesterly boundaries of the property to a line parallel to and distant 1,100 feet running north and westerly from the centerline of Barker Street. 60 2008 ANNUAL TOWN MEETING MOTION BOOK Article 38. Amend Zoning Map - Rezone Rte. 125 / Osgood Street Between Barker's Farm and Boundary of Haverhill -Corridor Development District 3 (CDD3). THIS MOTION IS ON PAGE 8 OF THE PLANNING BOARD REPORT. MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW: LANGUAGE BETWEEN "EXCEPTIONS:" AND MAP 34 PARCEL 31. PLEASE READ DELETED LANGUAGE IN MOTION. MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENTS: DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW: LANGUAGE BETWEEN "Map 61, Parcel 38" and "Map 61, Parcel 22 Shall be zoned entirely Residential 2.". PLEASE READ DELETED LANGUAGE IN MOTIONS. ❑ To rezone fifteen (15) parcels of land, consisting of approximately 27.6 acres, with land fronting Osgood Street and Bradford Street beginning at the Haverhill and North Andover Town boundary line and extending easterly and southeasterly by a line parallel to and distant 500 feet easterly from the centerline of Rte. 125 / Osgood Street to and including Assessor's Map 34, Parcel 41 with the following exceptions: ❑ The Corridor Development District 3 Zoning designation shall be extended to include the entire property boundaries of Map 61, Parcel 38. ❑ The Corridor Development District 3 Zoning designation shall be extended to include the entire property boundaries of Map 61, Parcel 66. ❑ Map 34, Parcel 31 shall be zoned entirely Residential 2. ❑ Map 61, Parcel 22 shall be zoned entirely Residential 2. AND IN CONNECTION, DECREASE THE CDD3 ZONING BOUNDARY LINE EASTERLY AND SOUTHERLY FOR MAP 61, PARCEL 66 AND MAP 34, PARCEL 31 BY A LINE PARALLEL TO AND DISTANT 500 FEET EASTERLY FROM THE CENTERLINE OF RTE. 125 / OSGOOD STREET AND AS SHOWN ON THE MAP BELOW. BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: CHAIRMAN—PLANNING BOARD 61 2008 ANNUAL TOWN MEETING MOTION BOOK PRESENTATION FORMAT: VERBAL - PLANNING BOARD TO EXPLAIN IF NEEDED. NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 62 2008 ANNUAL TOWN MEETING MOTION BOOK Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parking. To see if the Town will vote to amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parking in order to create a revised parking and screening regulation within all zoning districts. Planning Board Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parking. FULL TEXT OF BYLAW IN FINANCE COMMITTEE REPORT—PAGES 81-94 MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: REPLACE [] AS SHOWN ON PAGE 90 OF THE FINANCE COMMITTEE REPORT IN D) ii) 1. with "commercial". RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: JOHN SIMONS, CHAIRMAN—PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 63 2008 ANNUAL TOWN MEETING MOTION BOOK Article YCX40. Amend North Andover Zoning Bylaw — Section 4.2 Phased Development Bylaw. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Sections 4.2.4(a) in order to allow the Planning Board additional flexibility in determining an appropriate development schedule for projects to promote orderly growth. Amend Section 4.2.4(a) by adding the underlined language to read as follows: 4.2(4)Phased Development Schedule a) Building permits for new dwelling units shall be authorized only in accordance with the following Phased Development Schedule: Maximum Units for which Number of Units in Minimum Years Building Permits Subdivision Development for Development May be Issued Per Year 1-6 1 All 7-20 2 50% of total 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total No Phased Development Schedule shall exceed seven years. Notwithstanding anything to the contrary in this Zoning Bylaw, the Planning Board may approve an alternative Phased Development Schedule, provided that in doing so, the project is consistent with any one of the purposes set forth under Section 4.2.1 above. Planning Board Article 39. Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4 Screening and Landscaping Requirements for Off-Street Parking. MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: CHAIRMAN—PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 64 2008 ANNUAL TOWN MEETING MOTION BOOK Article 41. Amend Chapter 69 of the General Bylaws — Fire Alarms. To see if the Town will vote to amend Chapter 69 of the General Bylaws to reflect the recommendations of the Office of the Attorney General of the Commonwealth in Case #4430 Dated 10/2/2007 as follows: Chapter 69, Sections 69-2, 69-5, 69-.1, 69-72 and new Section, Section 69-7-3 are to be amended by removing the text shown as stricken, and adding the text shown as underlined § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. § 69-5 Alarm System Regulations and Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm usefs user's responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. § 69-7.1 Connection Fees Each alarm user shall on or before October 1st of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. Those properties that convert to a radio control Master Box that is compatible with the North Andover Fire Department receiver shall no longer be billed the fee epee the fa die b ° under the existing fee structure, once the radio box is properly installed and functioning as approved by the North Andover Fire Department. In accordance with the Town by-law the Board of Selectmen can establish fees, at any time, which reflect the costs of services provided. § 69-7.2 Violations The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more than $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) A. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. B. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this by-law. 65 2008 ANNUAL TOWN MEETING MOTION BOOK C. Failure to pay any fee assessed under this feplaoing either of bet h cee fi,,, tin 7 of tin 7.' of these °,.ulations- Section 69 within sixty (60) days from the assessment. D. Failure to comply with the requirements set forth in these regulations. E. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. F. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. G. Causing, through negligence, a condition, which interferes with the operation of, or causes damage to the municipal fire alarm system. Add new section - Section 69-7.3 § 69-7.3 Consultation with the Office of the Essex County District Attorney In consideration of General Laws Chapter 268, Section 32, Chapter 269, Section 13 and other applicable state laws, the Town shall consult with the Office of the Essex County District Attorney prior to any court action against anyone for noncompliance with this Chapter 69 or prior to the imposition of any assessment or fines pursuant to Chapter 69 Section 7. Fire Chief Article 41. Amend Chapter 69 of the General Bylaws—Fire Alarms. MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: WILLIAM P. MARTINEAU, FIRE CHIEF PRESENTATION FORMAT: VERBAL-CHIEF WILL EXPLAIN THAT THIS AMENDMENT IS PROPOSED AT THE RECOMMENDATION OF THE ATTORNEY GENERAL. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 66 2008 ANNUAL TOWN MEETING MOTION BOOK Article 42. Amend North Andover Zoning Bylaw — Section 2.68 Structure and Add New Section 2.68.a Structure — Temporary. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 2.68 in order to further clarify the definition of a structure and add a new definition 2.68.a Structure—Temporary to define a temporary structure. Amend Section 2.68 Structure by deleting the stricken language and adding the underlined language to read as follows: 2.68 Structure A combination of materials assembled at a location to give support or shelter mbination of materials to fi V nst ttetion that , that is safe and stable, which includes, but is not limited to the following: inehtding, atnong other buildings, stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, brides, sheds, shelters, fences and walls, display signs. Structure shall also include storage trailers or units, whether intended for permanent or temporary purposes, used for storage of goods and products associated with the operations of any business on the subject parcel(s). The term structure shall be construed as if followed by the words "or part thereof', but shall not include underground utilities, driveways, parking lots, agricultural storage trailers and vehicles, and the like. Where the North Andover General and Zoning Bylaws are silent, then the current edition of the Massachusetts Building Code shall be assumed to apply. And in connection therewith, adding the underlined language to read as follows: 2.68.a Structure— Temporary Structures that are permitted within a zoning district without any foundation or footing and that are removed or dismantled when the designated time period, activity, or use for which the structure was approved and erected has ceased. Said structure shall be permitted for duration of time not to exceed sixty (60) days unless otherwise specifically approved by the Building Inspector. For purposes of this definition, motor and recreational vehicles shall not be deemed a temporary structure. Board of Selectmen Article 42. Amend North Andover Zoning Bylaw — Section 2.68 Structure and Add New Section 2.68.a Structure— Temporary. MOTION: MOVE TO ADOPT ARTICLE 42 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: CHAIRMAN—PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 67 2008 ANNUAL TOWN MEETING MOTION BOOK Article 43. Amend North Andover Zoning Bylaw— Section 4.126 Business 1 District and Section 4.127 Business 2 District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.126 and Section 4.127 in order to maximize the size of retail establishments within the Business 1 District and Business 2 District. Amend Section 4.126 by adding the underlined language to read as follows: 4.126 Business 1 District 1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special Permit issued by the Planning Board as Special Permit Granting Authority. and Amend Section 4.127 by adding the underlined language to read as follows: 4.127 Business 2 District 1. Retail establishments up to 50,000 square feet of gross floor area per user. Retail establishments in excess of 50,000 square feet of gross floor area per user shall be permitted with a Special Permit issued by the Planning Board as Special Permit Granting Authority. Board of Selectmen Article 43. Amend North Andover Zoning Bylaw— Section 4.126 Business 1 District and Section 4.127 Business 2 District. MOTION: MOVE TO ADOPT ARTICLE 43 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: CHAIRMAN—PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 68 2008 ANNUAL TOWN MEETING MOTION BOOK Article 44. Amend Zoning May — 2302 Turnpike Street, Assessors May 108A, Lot 9 from Residential (R-2) to Business 2 (B-2). To see if the Town will vote to amend the Zoning Map of the Town of North Andover, to rezone two parcels of land collectively consisting of 3.52 acres of land from Residential 2 (R-2) to Business 2 (B-2). Said parcels of land are known and numbered as 2302 Turnpike Street and Parcel 2, Sharpners Pond Road, being shown as Parcel 1 and Parcel 2, respectively, on a plan entitled "Plan of Land in North Andover, Mass. owned by Kevin and Elizabeth A. Murphy" dated February 29, 2008, Scale 1"=60' prepared by Scott L Giles, R.P.L.S., a copy of which is on file in the office of the Town Clerk. Parcel 1 and Parcel 2 are located on the north side of Turnpike Street at the corner of Turnpike Street and Sharpners Pond Road. Said parcels are further described below: The first parcel, known as 2302 Turnpike Street and shown as Parcel 1 on said Plan above, is identified as a portion of Lot 9 on Map 108A of the Town of North Andover Assessors Map, and is bounded and described as follows: On the Southwest 298.48' by Turnpike Street; On the Northwest by land now or formerly of RA 427.24'; On the Northeast by land now or formerly of Town of North Andover 298.87'; On the Southeast by Sharpener's Pond Road 273.08'; and, On the South 176.92' by Parcel 2. Containing 143,393 s.f. +/- (or 3.29 +/- acres) according to said Plan. The second parcel, shown as Parcel 2 on said Plan above, is also depicted as a portion of Lot 9 on Assessors Map 108A of the Town of North Andover Assessors Maps, and is bounded and described as follows: On the Southwest by Turnpike Street 125.15'; On the Northwest by Parcel#1 176.92'; and, On the Southeast by Sharpener's Pond Road 164.95' . Containing 9,908 sf+/- (or 0.23 +/- acres) according to said Plan. Said Parcel 2 is also shown as a 9,908 s.f lot of land on a plan recorded with the Essex North District Registry of Deeds as Plan No. 6649 of 1972. For deed reference to Parcel 1 (2302 Turnpike Street), see Deed to Kevin Murphy and Elizabeth A. Murphy recorded with said Deeds in Book 9834, Page 206. For deed reference to Parcel 2, see Deed to Kevin Murphy and Elizabeth A. Murphy recorded 69 2008 ANNUAL TOWN MEETING MOTION BOOK with said Deeds in Book 10019, Page 161, _.. noe;,r.rmr amwer�vr_dr man..,wc?n. •.x. ,✓ ms�,ran,w ndv Ea rra e>r v w wrr rr.ro-a•,r-e.n. ,;r,`.,,,, �,, �i Parcel 1 / ..a< Rezone R-2 to ° B-2 � Al S ... Parcel Rezone R-2 to Petition of John T. Smolak and others Article 44. Amend Zoning May — 2302 Turnpike Street, Assessors May 108A, Lot 9 from Residential (R-2) to Business 2 (B-2). MOTION: MOVE TO ADOPT ARTICLE 44 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JOHN T. SMOLAK- PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***2/3 (TWO-THIRD) VOTE REQUIRED* VOTE: DATE: TIME: 70 2008 ANNUAL TOWN MEETING MOTION BOOK Article 45. Amend Zoning Map — 4 Parcels — 396 — 398 Andover Street, 404 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4 - R4 to Business 1 B-1 . FULL TEXT OF ARTICLE ON PAGES 101 -103 OF THE FINANCE COMMITTEE REPORT. ° .r Rezone All i Outlined Parcels R-4 to B-1 ° z>.ra.-m ire.•,^�� n ull4.anft. ^��' „ Petition of Peter J. Lafond and others Article 45. Amend Zoning May — 4 Parcels — 396 — 398 Andover Street, 404 Andover Street, 424 Andover Street and 426 Andover Street from Residential 4 - R4 to Business 1 B-1 . MOTION: MOVE TO "REFER ARTICLE 45 BACK TO THE PLANNING BOARD FOR FURTHER STUDY". RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: PETER J. LAFOND — PETITIONER OR DESIGNEE WILL MAKE MOTION TO REFER BACK. PRESENTATION FORMAT: VERBAL NOTES: OFFICIAL LETTER OF WITHDRAWAL RECEIVED. JAB ***MAJORITY VOTE REQUIRED IF REFER BACK* VOTE: DATE: TIME: 71 2008 ANNUAL TOWN MEETING MOTION BOOK 72 2008 ANNUAL TOWN MEETING MOTION BOOK