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HomeMy WebLinkAbout2010-TOWN REPORT-NOVEMBER 17 2010 STM-TOWN CLERK MINUTES NORTil FO A �RATEO E'PP"y'�5 �SSACHUS�S TOWN OFNORTHANDOVER SPECIAL TO WN MEETING-NO VEMBER 17, 201 0-TO WN CLERK MINUTES Town Moderator Charles A. Salisbury called the November 17, 2011 Special Town Meeting to order at 7:OOPM in the Auditorium of the North Andover High School 430 Osgood Street North Andover Massachusetts on Tuesday November 17, 2011. The Pledge of Allegiance was led by Town Moderator Charles A. Salisbury. Moderator Salisbury introduced Town Meeting Boards and participants. There are 18,021 registered voters qualified to vote at this meeting. There is no quorum requirement for any Annual or Special Town Meeting as established by Article 14 of the 1999 Annual Town Meeting under Article 14 and approved by the Attorney General on July 27, 1999. The Town Moderator explained the voting procedure using raised cards for voting and the implementation of the bylaw allowing votes to be declared by the Moderator for issues requiring a two-thirds vote at each session. He also discussed that any articles of a financial nature require an affirmative recommendation from the Finance Committee and Board of Selectmen. Check in lists showed a total of 237 voters present at the Meeting. A motion was made by Daniel P. Lanen, 111 Marian Drive, Chairman of the Board of Selectmen, seconded by Tracy M. Watson, 9 William Street, to dispense with the reading of the warrant, and with the reading of the constable's return of service of that warrant and further moved that the moderator not be required to read articles of the warrant verbatim, but be allowed to refer to articles by number and by subject matter. Motion unanimously approved. Section 2-2-2. The warrant for the annual town meeting shall be closed not more than 75 days, but at least 40 days, before the date for the meeting, but by unanimous vote, the board of selectmen may reopen the warrant in case of emergency. The warrant for a special town meeting shall be closed not more than 40 but at least 20 days before the date of the meeting. Section 2-2-4. The warrant for each special town meeting shall have a summary of each article prepared by the town clerk, published in a newspaper of general circulation at least 7 days before the meeting. The publication shall include the location where copies of the full warrant text can be obtained or viewed, or where mailed requests for copies may be sent. The summary of the Special Town Meeting warrant as prepared by the Town Clerk was published in the Lawrence Eagle Tribune on November 10 as required. Article 1. Borrowing Authorization- Purchase of Two Fire Trucks-Not to Exceed $1.3 Million. 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, an amount not to exceed $1,300,000 to fund the acquisition of two Fire Trucks and related equipment, provided that pursuant to Massachusetts General Laws and Chapter 59-5 C of the General 1 Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: " provided that this appropriation and debt authorization be contingent upon a passage of a Proposition 2 '/z debt exclusion referendum under Massachusetts General Laws Chapter 59, Section 21 C(k). Board of Selectmen VOTE: Unanimous vote that the Town vote to borrow under the provisions of Massachusetts General Laws, Chapter 44, $1,300,000 to fund the acquisition of two Fire Trucks and related equipment. Article 2. Borrowing Authorization- Acquisition and Related Expenses for HVAC (Heating, Ventilation, Air Conditioning)-Stevens Memorial Library-Not to Exceed $460,000. 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, an amount not to exceed $460,000 for acquisition, including engineering, project management and related expenses, of a heating, ventilation and air conditioning system for the Stevens Memorial Library building. Stevens Memorial Library Trustees VOTE: Voted by 2/3 Vote Declared by the Moderator that the Town borrow under the provisions of Massachusetts General Laws, Chapter 44, $460,000 to fund the acquisition, including engineering, project management and related expenses, of a heating, ventilation and air conditioning system for the Stevens Memorial Library building. Article 3: Amend General Appropriation Article—Fiscal Year 2011. Unanimous vote to amend the General Fund Appropriation for Fiscal Year 2011 as voted under Article 20 of the 2010 Annual Town Meeting as follows: Decrease General Government by $16,000 for a revised total of$2,212,769 Decrease Support Services by $55,000 for a revised total of$993,193 Decrease Employee Benefits by $31,000 for a revised total of$12,304,378 Decease Liability Insurance by $6,953 for a revised total of$293,688 For a Total Net Decrease of($108,953) and a Revised Total Appropriation of$74,727,440 And further to transfer from Free Cash to the General Fund: $417,785, Board of Selectmen General Fund Appropriation Amount Voted Changes Revised Total Under Article 20 05111110&5/12/10 ATM 2 General Government $ 2,228,769 $ (16,000) $ 2,212,769 Public Safety $ 8,882,536 $ - $ 8,882,536 N A School $ 36,984,521 $ - $ 36,984,521 Greater Lawrence Technical School $ 362,832 $ - $ 362,832 School Building Committee $ 900 $ - $ 900 Snow&Ice Removal $ 740,086 $ - $ 740,086 All Other Public Works $ 3,170,216 $ - $ 3,170,216 Health and Human Services $ 942,151 $ - $ 942,151 Culture and Recreation $ 827,510 $ - $ 827,510 Support Services $ 1,048,193 $ (55,000) $ 993,193 Debt Service $ 6,912,660 $ - $ 6,912,660 Employee Benefits $ 12,335,378 $ (31,000) $ 12,304,378 Liability Insurance $ 300,641 $ (6,953) $ 293,688 Finance Committee Reserve $ 100,000 $ - $ 100,000 Total Town Meeting Appropriation $ 74,836,393 $ (108,953) $ 74,727,440 Article 4. Transfer of Funds Into Stabilization Fund. Voted 2/3 Vote Declared by the Moderator to transfer $273,167 from free cash to the Stabilization Fund and to transfer $100,000 from the Finance Committee Reserve Account to the Stabilization Fund for a total transfer to the Stabilization Fund of$373,167. Board of Selectmen Article 5. Amend Article 29-Report of the Community Preservation Committee and Appropriation from the Community Preservation Fund. Unanimous vote to specify that to meet the appropriation of $2,077,745 from the Community Preservation Act (CPA) Fund, voted under Article 29 of the 2010 Annual Town Meeting for FY2011 projects, that $1,741,564 is from CPA FYI I Revenue, and $336,881 is from the CPA Fund Balance. Community Preservation Committee Article 6. Prior Year Unpaid Bills. Unanimous vote to approve the paying, from FYI I Department Budgets, of unpaid bills of prior years of the Town as listed below: Vendor Amount Department Sherin and Lodgen, LLP $3,000.00 Sewer Enterprise Fund Stachey's Pizza 86.82 Public Works Delta Beckwith 985.00 Public Works OCE 177.89 Town Clerk OCE 177.85 Town Clerk OCE 177.85 Town Clerk OCE 177.85 Town Clerk LandMark School 1,971.38 School Department 1600 Osgood Street 371.76 School Department Pitney Bowes 168.78 School Department 3 National Grid 7,750.21 School Department National Grid 128.18 School Department $15,173.57 Board of Selectmen Article 7. Acceptance of Massachusetts General Laws Chapter 188, Section 68 of the Acts of 2010-Municipal Tax Amnesty Program with Local Provisions. Majority Vote to enact the following temporary tax amnesty program during Fiscal Year 2011, in accordance with Chapter 188, §68 of the Acts of 2010, in order to encourage the payment of certain delinquent tax obligations. Fiscal Year 2011 Tax Amnesty Program Section 1. Amnesty Period. The Amnesty Program shall begin on the effective date of the vote of Town Meeting enacting the Program and end on June 30, 2011. Section 2. Program Scope. A taxpayer who meets all eligibility requirements set forth in Section 3 shall receive a waiver of Fifty percent (50%) of all accrued interest, collection costs and penalties owed on real estate taxes and personal property taxes assessed under G.L. c. 59 and tax title accounts under G.L. c.60 upon full payment by the end of the amnesty period of the outstanding principal tax liability and all interest, collection costs and penalties not waived. Fifty percent (50%) of accrued interest, collection costs and penalties owed with respect to any of the said taxes or accounts shall be automatically waived upon full payment of the balance of the said outstanding liabilities. Section 3. Eligibility Requirements. To obtain the waiver set forth in Section 2, the taxpayer must meet all of the following requirements: A. A taxpayer must pay, in a timely manner and by method of payment acceptable to the Treasurer/Collector, the full balance of each respective tax, together with the interest, collection costs and penalties accrued with respect thereto, for which a waiver is sought in order to qualify for the 50% waiver of the interest, collection costs and penalties owed with respect to each such tax. B. The payment of the balance of each tax account must be made in a single installment payment prior to June 30, 2011. C. Arrangements for payment and implementation of the subject amnesty program shall be made with the office of the Treasurer/Collector. No specific application is required. The waiver of accrued interest, collection costs and penalties shall take effect automatically upon the recording of payment of the balance of the underlying real estate, personal property or tax title liability by the Treasurer/Collector. D. Any taxpayer who is the subject of a criminal investigation or prosecution for failure to pay a property tax when the amnesty program begins may not participate in and be granted a waiver under this Program. 4 E. In order for a payment to be considered timely under the deadlines established herein, it must be received by the Treasurer/Collector on or before the close of business of the date it is due under the Program rules. Mailing of the payment or sending it by a delivery agent other than the United States Postal Service on or before the due date is not sufficient. Board of Selectmen Article 8. Acquisition of Rolling Ridge Conservation Restriction for Drinking Water Protection Purposes. Unanimous vote, on the recommendations of the Community Preservation Committee and, pursuant to Massachusetts General Laws, Chapter 44B, to authorize the Treasurer with the approval of the Selectmen, to expend up to $600,000 from the amount already appropriated from the Community Preservation Fund by vote upon Article 29 of the 2010 Annual Town Meeting, for the purpose of purchasing a Conservation Restriction which includes drinking water protection purposes, of approximately 32 +/- acres, on land owned by The New England Annual Conference of United Methodist Church, which is shown on the plan entitled: "Conservation Easement Plan Prepared for New England Conference of The United Methodist Church", dated July 8, 2010, drawn by Findeisen Survey & Design, and which is a portion of the land described in the deed recorded at Book 3773, Page 65 in the North Essex Registry of Deeds and shown on North Andover Assessors' Map 63, Lot 11, and to purchase public trail access and a parking area as included in the vote upon Article 29 of the 2010 Annual Town Meeting; and expenses incidental and related thereto, that said conservation restriction be conveyed to the Town of North Andover to be managed and controlled by the Board of Selectmen acting as the Board of Water Commissioners for drinking water protection purposes in accordance with Chapter 40, Section 41, as it may hereafter be amended , and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts under the Drinking Water Supply Protection Program, PARC (formerly Urban Self-Help) program (301 CMR 5.00), LAND (formerly Self-Help) program (M.G.L. Chapter 132A, Section 11), and/or any other grant program, or any other applications for funds in any way connected with the scope of this acquisition, and that the Board of Selectmen be authorized to determine the final boundaries and description of the Conservation Restriction and such other interests as may be acquired for the purposes stated herein and to enter into all agreements and execute any and all instruments, including permanent deed or conservation restrictions, in accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem to be in the best interests of the Town, as may be necessary on behalf of the Town of North Andover to affect said purchase. Community Preservation Committee Article 9: Amend General Bylaws Chapter 44 Public Meetings, Section 1, Televising of Board Meetings. Majority Vote to amend Section 44.1 of the General Bylaws to comply with amendments to the Open Meeting Law as adopted July 1, 2010 by removing the text shown as stricken and adding the text shown as underlined: Chapter 44-1 as amended to read as follows: § 44-1 Televising of Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Board of Selectmen and School Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the 5 Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room or other locations as determined by the Town Manager or the Town Manager's designee. All sueh fneefings shall have posted agendas of diseussion items and applioation nafnes in the Town Hall and on the Town website of on the eable television netwefk twenty f of i,,ufs pfief to th m°°* „°* m°. Notice of all such meetings shall be posted in accordance with the requirements of the Open Meeting Law, Massachusetts General Law, Chapter 30A, Sections 18-25 and shall contain the date, time and place of such meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting, including application names. If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter39,Seotie 23P_ 30A, Sections 18-25. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Board of Selectmen or School Committee. Board of Selectmen Article 10. Amend Zoning Bylaw Section 16.5 Uses Subiect to a Special Permit-Corridor Development Districts-Banks With Drive Through in CDD2 on Parcels Five (5) Acres or More. Voted to amend Section 16.5 of the Zoning Bylaw by adding a new subparagraph 3 which is shown as the underlined text as printed in the warrant. Voted to amend the Zoning Bylaw-Section 16.5 (Special Permits) of the Corridor Development District by inserting a new subparagraph 10 which reads as follows: 16.5 Uses Subject to a Special Permit The following uses may be allowed in the Corridor Development Districts by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 1. No building or structure in excess of 3,000 gross square feet of building area shall be constructed, reconstructed, erected or altered in the Corridor Development District without the granting of the Special Permit. The granting of the Special Permit shall be pursuant to Section 8.3 and 10.3 of the bylaw and subject to the following conditions:" a. Submission of a traffic impact and mitigation plan by a professional traffic engineer/consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout, site design, and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts and neighborhood streets and uses are harmonious with the character of the area. d . A determination by the Planning Board that the proposed development provides sufficient screening and buffering for those parcels abutting residential zoned properties. 2. For outdoor storage, display, and sales of materials, products and goods in connection with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty percent (20%) within CDD1 and thirty percent (30%) within CDD2 of the indoor principal use devoted to retail sales; 6 b. The products, materials or goods displayed, stored or sold outdoors, by special permit, must not be visible from any residential use; c. The goods, materials, and products permissible for outdoor storage, display and sales hereunder, shall explicitly exclude automobiles, motorcycles, or other wheeled vehicles and include only goods, materials, and products, which are customarily stored, displayed, or sold outdoors without the necessity for cover from the weather. Fertilizers and other toxic, hazardous chemicals are also excluded herein; d. The amount of area designated for outdoor storage shall be included in the dimensional requirements for maximum lot coverage; e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such as masonry or solid wood fencing which, in the opinion of the Planning Board, will not derogate from the surrounding area; f. Sufficient landscaping shall be provided around the perimeter of the storage area at the discretion of the Planning Board; and, g. Only living plants can be higher than the surrounding vertical structural screening. 3. Banks with a Drive-Through Facility within the CDD-2 District on a parcel or parcels collectively comprising at least five (5) acres or more of land. Petition of John T. Smolak and others YES 210 NO 9 The Special Town Meeting for the Town of North Andover held November 17, 2010 dissolved by Unanimous Vote at 8:15PM. Respectfully submitted, Joyce A. Bradshaw,CMMC, Town Clerk 7