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Home My WebLink AboutDRAFT- 2010 ATM MOTION BOOK-MAY 7, 2010 MEETING _2_ �ORTH Of .ao eg4'O Y oo F ` S y9SSACH115Et 9 Town of North Andover Annual Town Meeting Motion Book May 11, 2010 Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Board of Selectmen ARTICLE 1. REPORTS OF SPECIAL COMMITTEES. MOTION: MOVE TO TAKE NO ACTION=NO REPORTS OF SPECIAL COMMITTEES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: PRESENTATION FORMAT: VERBAL ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 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 2008 Annual Town Report; Board of Selectmen ARTICLE 2. REPORTS OF RECEIPTS AND EXPENDITURES. MOTION: MOVE TO ACCEPT THE REPORT OF RECEIPTS AND EXPENDITURES AS PRESENTED IN THE 2000 ANNUAL TOWN REPORT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: THOMAS J. URBELIS-TOWN COUNSEL PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: THE 2009 TOWN REPORT IS POSTED ON THE WEB SITE AND PRINT COPIES WILL BE AVAILABLE AT TOWN MEETING. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 2 Article 3. Authorization of the Town Manager or Superintendent of Schools Re2ardin2 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 at least four (4) members of the Board of Selectmen or the School Committee, as appropriate; Board of Selectmen 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 MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: VERBAL NOTES: EXPLANATION TO BE GIVEN BY THOMAS J. URBELIS THAT THIS EXCLUDES PERSONNEL CONTRACTS AND NEEDS TO BE APPROVED BY THE BOARD OF SELECTMEN OR SCHOOL COMMITTEE. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 3 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; Board of Selectmen 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 PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: ANSWER QUESTIONS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 4 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; Or to take any other action relative thereto. Board of Selectmen ARTICLE 5. AUTHORIZATION TO GRANT EASEMENTS. MOTION: MOVE TO ADOPT ARTICLE 5 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: ANSWER QUESTIONS ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 5 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: 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 Or to take any other action relative thereto. Board of Selectmen ARTICLE 6 Compensation of Elected Officials. MOTION: MOVE TO ADOPT THE COMPENSATION SCHEDULE FOR ELECTED OFFICIALS AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER MARK RODGERS, CHAIR, FINANCE COMMITTEE PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 6 Article 7. Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior years, by respective departments, using appropriations of the current fiscal year; Prior Year Invoices Fiscal Year 2009 Vendor Amount Department Merrimack Valley Planning 4,525.66 Assessors Weston and Sampson 4,400.00 Fire Al McGregor 560.00 Public Works Federal Express 24.19 Purchasing MSC/SID 595.42 Stevens Estate The Home Depot 122.31 Stevens Estate GOAM Media 505.75 Stevens Estate Peterson Party Center 308.11 Stevens Estate Mid America Adm & Retirement 844.38 School Dept First Student 332.50 School Dept TransCanada 5,574.97 School Dept WB Mason 713.20 School Dept S 18.506.49 Or to take any other action relative thereto. Board of Selectmen BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTERS: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL EXPLANATION BY MARK REE TO ANSWER QUESTIONS. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 7 Article 8. 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, 2010; Revolving Fund Accounts Account Revolving FY 2011 Number Fund Authorized to Spend Use of Funds Revenue Source Limit 1. Participants'fees, 2031213 Youth and Assistant Town All programs and Grants,Donations, $ 250,000 Recreation Manager activities,expense,part and related Services time help Fundraising Revolving proceeds 2. Field rental fees, 2031210 Field Director-Division of Field maintenance, Grants,Donations, $ 10,000 Maintenance Public Works upgrade and related and related expenses Fundraising proceeds 3. 2031217 Elder Services Assistant Town Senior programs, Participants'fees, $ 20,000 -COA Manager classes and activities Grants,Donations, Revolving and related Fundraising proceeds 4. Clinic participant 2031211 Health Director-Community Clinic supplies and fees, Grants, $ 30,000 Department Development Division other related materials Donations,and Revolving related Fundraising proceeds 5. Wheelabrator Host 2031204 Wheelabrator Director-Community Air quality monitoring Community $ 35,000 Planning Development Division Agreement 6. Wheelabrator Host 2031205 Wheelabrator Director-Community To enforce Trash Truck Community $ 20,000 Public Safety Development Division regulations Agreement 7. Protection of health, Wheelabrator Host 2031206 Wheelabrator— Director-Community safety and monitoring Community $ 18,000 Health Development Division the air quality Agreement 8. Food Consultant fees 2031207 Health Dept- Director-Community and expenses related to Inspection Fees $ 20,000 Food Development Division program Inspections 9. Septic Consultant fees 2031208 Health Dept- Director-Community and expenses related to Inspection Fees $ 30,000 Septic Development Division program Inspections 10 Stormwater Director-Community Review,test and inspect Review Fees $ 50,000 Bylaw Development Division Stormwater reports TOTAL $483,000 2009 ANNUAL TOWN MEETING MOTION BOOK Page 8 Revolving Fund Account Receipts and Expenditures FY09 Receipts Expenditure Account Balance FR 09 Expenditure Balance thru s thru Number Revolving Fund 7/1/08 ei is s 06/30/09 03/31/10 03/31/10 Balance 2031213 Youth and $ 275,329 ,219 $ $ $ 86,714 $ $ 152,575 Recreation (240,328) 295,219 (229,358) Services Revolving 2 2031210 Field Maintenance $ 16,458 $ 8,000 $ $ $ 6,900 $ $ 21,168 (10,190) 14,268 - 3 Elder Services 2031217 -COA Revolving $ 627 $ 2,388 $ $ $ 9,945 $ $ 3,258 (605) 2,410 (9,097) 4 2031211 Health Dept $ 10,170 $ 25,048 $ $ $ 27,301 $ $ 17,835 Revolving (25,495) 9,722 (19,189) 5 2031204 Wheelabrator $ 58,343 $ 25,000 $ $ $ 25,000 $ $ 69,869 Planning (26,035) 57,308 (12,438) 6 Wheelabrator 2031205 Public Safety $ 69,799 $ 12,500 $ $ $ 15,700 $ $ (23,971) 58,328 (5,704) 68,324 7 2031206 Wheelabrator- $ 24,067 $ - $ $ $ - $ $ Health (3,079) 20,988 (2,000) 18,988 8 Health Dept- 2031207 Food Inspections $ 67,490 $ 22,065 $ $ $ 21,235 $ $ 87,279 (14,098) 75,457 (9,413) 9 Health Dept- 2031208 Septic Inspections $ 28,937 $ 11,150 $ $ $ 7,309 $ $ (22,338) 17,749 (10,383) 14,676 Or to take any other action relative thereto. Board of Selectmen MOTION: MOVE TO "ADOPT ARTICLE 8 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FINANCE COMMITTEE: MOTION READER : MARK RODGERS CHAIR, FINANCE COMMITTEE 2009 ANNUAL TOWN MEETING MOTION BOOK Page 9 PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: NO AMENDMENT NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 10 Article 9. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2009. To see if the Town will vote to amend the vote taken on Article 12 Water Enterprise Fund Appropriation - Fiscal Year 2009 at the 2008 Annual Town Meeting; Board of Selectmen ARTICLE 9 AMEND SEWER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2009. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 9. RECOMMENDATIONS: BOARD OF SELECTMEN: "TO TAKE NO ACTION" FINANCE COMMITTEE: "TO TAKE NO ACTION" MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: NO AMENDMENT NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 11 Article 10. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2009. To see if the Town will vote to amend the vote taken on Article 17 Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2009 at the 2008 Annual Town Meeting; Board of Selectmen ARTICLE 10. AMEND STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2009. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 10. RECOMMENDATIONS: BOARD OF SELECTMEN: "TO TAKE NO ACTION" FINANCE COMMITTEE: "TO TAKE NO ACTION" MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: NO AMENDMENT NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 12 Article 11. 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 FY08 Vendor Amount Department Comments Verizon 151.91 Police Dept Resolved past due bal. prev. yr Verizon 129.85 Police Dept Resolved past due bal. prev. yr Verizon 300.00 Police Dept Resolved past due bal. prev. yr Eagle Tribune 185.15 Library Invoice was overlooked NAPA 77.94 Sewer Invoice was overlooked General Auto Supply 1,011.51 Public Works Invoice was overlooked Eagle Tribune 396.76 Public Works Invoice was overlooked N A Police Details 320.00 Public Works Invoice was overlooked Eagle Tribune 198.38 Public Works Invoice was overlooked Cab Health/Recov. 1,000.00 School - Special Education Received late Catholic Charities 170.00 School - Special Education Received late Greater Law. Colab. 39,150.00 School - Special Education Duplicate bill -in error Greater Law. Colab. 1,820.00 School - Special Education Bill adjustment Melmark New Eng. 735.00 School - Special Education Received late Merrimack Ed. Cent. 1,038.10 School - Special Education Received late Schools for Children 9,087.36 School - Special Education Previous billing error Sign Language Inter. 142.00 School - Special Education Received late TransCanada 92.30 Electricity Received late TOTAL 56,006.26 ARTICLE 11. PRIOR YEARS UNPAID BILLS. MOTION: MOVE TO ADOPT ARTICLE 11 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTERS: MARK H. REES, TOWN MANAGER — LYNE SAVAGE, TOWN ACCOUNTANT/BUDGET DIRECTOR PRESENTATION FORMAT: ANSWER QUESTIONS ***FOUR-FIFTHS (4/5) VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 13 Article 12. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriations for prior Fiscal Years as voted by transferring unexpended bond proceeds from the FY2007 Capital Improvement Plan, Line #1, Old Center Roadway Project, which project is complete, an amount not to exceed $130,000 to a new project: Down Town Street and Sidewalk Improvements; Board of Selectmen ARTICLE 12 AMEND CAPITAL IMPROVEMENT PLAN APPROPRIATIONS FROM PRIOR YEARS MOTION: MOVE THAT $130,000 IS APPROPRIATED FOR THE PURPOSE OF THE DOWNTOWN STREET AND SIDEWALK IMPROVEMENTS PROJECT; THAT TO MEET THIS APPROPRIATION $130,000 SHALL BE TRANSFERRED FROM THE FOLLOWING PROJECT, SAID AMOUNT REPRESENTING EXCESS BOND PROCEEDS NOT NEEDED FOR THE COMPLETION OF THE PROJECT: Proiect Date/Article Number Date of Bonds Old Center Roadway Proiect June 5, 2006(Article 24,Item 1) June 1, 2008 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 14 Article 13. General Fund Appropriation Fiscal Year 2010. 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, 2009 and ending June 30, 2010; ARTICLE 13. General Fund Appropriation Fiscal Year 2010 COMPLETE TEXT OF ARTICLE 13— PAGES 23-25 OF THE FINANCE COMMITTEE REPORT—MOTION IS INCLUDED IN THE HANDOUT MOTION: -MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2010 GENERAL FUND AS FOLLOWS: GENERAL GOVERNMENT 2,717,788 PUBLIC SAFETY 8,926,018 EDUCATION NORTH ANDOVER PUBLIC SCHOOLS 36,761,749 SNOW AND ICE REMOVAL 700,000 ALL OTHER PUBLIC WORKS 3,221,707 HEALTH AND HUMAN SERV ICES 896,826 CULTURE AND RECREATION 812,590 DEBT SERVICE 6,556,856 EMPLOYEE BENEFITS 10,519,500 LIABILITY INSURANCE 300,641 TRANSFERS (STEVENS ESTATE) 120,000 GREATER LAWRENCE TECHNICAL SCHOOL 259,239 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF $ 71,793,814 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM HEALTH FOOD CONSULTANT REVOLVING FUND $32,300 FROM HEALTH TRAFFIC ENFORCEMENT REVOLVING FUND $32,300 $64,599 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION SCHOOL COMMITTEE: FAVORABLE ACTION 2009 ANNUAL TOWN MEETING MOTION BOOK Page 15 ARTICLE 13. General Fund Appropriation Fiscal Year 2010 MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTERS: MARK H. REES, TOWN MANAGER, DOUGLAS J. SWATSKI, CHAIR FINANCE COMMITTEE,STANLEY LIMPERT, CHAIR, SCHOOL COMMITTEE,V. JAMES MARINI, SUPERINTENDENT OF SCHOOLS PRESENTATION FORMAT: POWERPOINT AND HANDOUT - COMBINED NOTES: MOTION WILL BE IN HANDOUT ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: SELECTMAN RICHARD A. NARDELLLA MOTION TO MOVE ARTICLE 16 OUT OF ORDER IF SO VOTED, GO TO PAGE 18 OF MOTION BOOK 2009 ANNUAL TOWN MEETING MOTION BOOK Page 16 Article 14. Transfer of Funds Into the Stabilization Fund. To see if the Town will vote to transfer funds into the Stabilization Fund; Board of Selectmen ARTICLE 14. TRANSFER OF FUNDS INTO THE STABILIZATION FUND. MOTION: - MOVE TO TRANSFER $ INTO THE STABILIZATION FUND. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION—AMT TO BE DET. FINANCE COMMITTEE: FAVORABLE ACTION—AMT TO BE DET. MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 17 Article 15. Appropriation of Additional Funds for The Stevens Memorial Library — Fiscal Year 2010 Budget. To see if the Town will vote to appropriate additional funds in the sum of$62,557.00 for the Stevens Memorial Library Fiscal Year 2010 Budget. This sum is the difference between the Town Manager's recommended Library budget number of$750,000.00 and the Library's approved FY 2009 appropriation of$812,557.00, from available funds; Petition of Peter J. Lafond and others ARTICLE 15. APPROPRIATION OF ADDITIONAL FUNDS FOR THE STEVENS MEMORIAL LIBRARY—FISCAL YEAR 2010 BUDGET. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 15. RECOMMENDATIONS: BOARD OF SELECTMEN: "TO TAKE NO ACTION" FINANCE COMMITTEE: "TO TAKE NO ACTION" MOTION READER: PETER J. LAFOND, PETITIONER PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: FUNDING RESTORED IN GENERAL APPROPRIATION ARTICLE. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 18 Article 16. Funding for Public Building Development Master Plan. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the purpose of producing a Public Building Development Master Plan for the Town of North Andover; Board of Selectmen ARTICLE 16. FUNDING FOR PUBLIC BUILDING DEVELOPMENT MASTER PLAN. MOTION: MOVE TO RAISE AND APPROPRIATE $50,000 FOR THE PURPOSE OF PRODUCING A PUBLIC BUILDING DEVELOPMENT MASTER PLAN FOR THE TOWN OF NORTH ANDOVER. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: RICHARD A. NARDELLA, SELECTMAN MOTION PRESENTER: RICHARD A. NARDELLA, SELECTMAN PRESENTATION FORMAT: POWERPOINT NOTES: IT IS ANTICIPATED THAT THIS ARTICLE WILL COME AFTER ARTICLE 13— GENERAL APPROPRIATION ARTICLE. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: IF ARTICLE 16 VOTED TO BE TAKEN OUT OF ORDER-RETURN TO ARTICLE 14. 2009 ANNUAL TOWN MEETING MOTION BOOK Page 19 Article 17. Transfer Care, Custody and Control of the Bradstreet School at 70 Main Street to the Board of Selectmen. To see if the Town will vote to transfer care, custody and control of the Bradstreet School at 70 Main Street to the Board of Selectmen pursuant to Massachusetts General Law, Chapter 40, Section 15A; School Committee ARTICLE 17. TRANSFER CARE,CUSTODY AND CONTROL OF THE BRADSTREET SCHOOL AT 70 MAIN STREET TO THE BOARD OF SELECTMEN. MOTION: MOVE TO ADOPT ARTICLE 17 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: STANLEY LIMPERT, CHAIR, SCHOOL COMMITTEE MOTION PRESENTER: STANLEY LIMPERT, CHAIR, SCHOOL COMMITTEE PRESENTATION FORMAT: VERBAL-STAN LIMPERT WILL COMMENT. NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 20 Article 18. Water Enterprise Fund Appropriation-Fiscal Year 2010. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2009 and ending June 30, 2010; WATER ENTERPRISE FY10 Recommendation Town Manager FY09 Department Board of Selectmen Budget Request Finance Committee Personnel 806,754 785,092 785,092 Expense 1,512,407 1,648,087 1,348,087 Debt Service 2,772,488 2,686,211 2,686,211 Sub-Total Direct Expenditures 5,091,649 5,119,390 4,819,390 Admin/Indirect 591,196 623,712 623,712 Total Water Enterprise 5,682,845 5,743,102 5,443,102 Board of Selectmen ARTICLE 18. WATER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2010. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $5,443,102, IN AGGREGATE, FOR THE PURPOSE LISTED UNDER THE COLUMN "FY 10 RECOMMENDATION: TOWN MANAGER/BOARD OF SELECTMEN" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE WATER ENTERPRISE FUND, THAT $5,443,102 BE RAISED FROM WATER RECEIPTS AND FROM THESE RECEIPTS $623,712 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. REES, TOWN MANAGER — LYNE SAVAGE, TOWN ACCOUNTANT/BUDGET DIRECTOR PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 21 Article 19. Sewer Enterprise Fund Appropriation-Fiscal Year 2010. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2009 and ending June 30, 2010; SEWER ENTERPRISE FY10 Recommendation Town Manager FY09 Department Board of Selectmen Budget Request Finance Committee Personnel 407,272 394,887 394,887 Expense 269,000 339,800 282,450 GLSD Assessment 1,373,822 1,415,037 1,367,010 Settlement 56,000 56,000 56,000 Debt Service 2,094,114 2,086,123 2,086,123 Sub-Total Direct Expenditures 4,200,208 4,291,847 4,186,470 Admin/Indirect 348,894 383,783 383,783 Total Sewer Enterprise 4,549,102 4,675,630 4,570,253 ARTICLE 19. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2010. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $4,570,253, IN AGGREGATE, FOR THE PURPOSE LISTED UNDER THE COLUMN "FY10 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE SEWER ENTERPRISE FUND, THAT $4,570,253 BE RAISED FROM SEWER RECEIPTS AND FROM THESE RECEIPTS $383,783 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER — LYNE SAVAGE, TOWN ACCOUNTANT/BUDGET DIRECTOR PRESENTATION FORMAT: ANSWER QUESTIONS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 22 Article 20. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010. 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, 2009 and ending June 30, 2010; STEVENSESTATE _ AT OSGOOD HILL ENTERPRISE FY2010 Recommendation Town Manager FY2009 Budget Personnel 160,944 0 Expense 287,300 0 Debt Service 0 0 Sub-Total Direct Expenditures 448,244 0 Admin/Indirect 64,176 0 Total Stevens Estate Enterprise 512,420 0 ARTICLE 20. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION - FISCAL YEAR 2010. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY10 Town Mqr, BOS, Finance Committee FY10 Recommendations FY09 Department Budget Request Personnel 160,944 99,700 102,930 Expense 287,300 143,263 138,557 Debt Service 0 0 0 Sub-Total Direct Expenditures 448,244 242,963 241,487 Admin/Indirect 64,176 46,460 46,460 Total Stevens Estate Enterprise 512,420 289,423 287,947 MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $287,947 LISTED UNDER THE COLUMN "FY10 RECOMMENDED: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" AND TO OPERATE THE STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND THAT $287,947 BE RAISED FROM STEVENS ESTATE AT OSGOOD HILL FUND AND FROM THESE RECEIPTS $46,460 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. 2009 ANNUAL TOWN MEETING MOTION BOOK Page 23 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 24 Article 21. Authorization for the Town Manager to Lease the Stevens Estate at Osgood Hill In Excess of Three Years. To see if the Town will vote to authorize the Town Manager to enter into an agreement in excess of three years for the leasing of the Stevens Estate at Osgood Hill; ARTICLE 21. AUTHORIZATION FOR THE TOWN MANAGER TO ENTER INTO A MANAGEMENT AGREEMENT FOR THE STEVENS ESTATE AT OSGOOD HILL IN EXCESS OF THREE YEARS. MOTION: MOVE TO AUTHORIZE THE TOWN MANAGER, WITH THE APPROVAL OF THE BOARD OF SELECTMEN, TO ENTER INTO A MANAGEMENT AGREEMENT IN EXCESS OF THREE YEARS FOR THE MANAGEMENT OF THE STEVENS ESTATE AT OSGOOD HILL. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 25 Article 22. Capital Improvement Plan Appropriation Fiscal Year 2010. 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 for Fiscal Year 2010 as detailed below: FY10 CIP Recommendations Line Town Managers Project Description Fund Code Recommendations General Fund Total $ - 1 Bear Hill Booster Pump Station B/N-W $ 1,250,000 2 Rosemont Booster Pump B/N-W $ 350,000 3 Equipment - 4 WD Vehicle R/A-W $ 26,324 Water Enterprise Fund Total $ 1,626,324 4 Sewer Extension B/N-S $ 4,830,000 R/A-S $ - Sewer Enterprise Fund Total $ 4,830,000 * 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 $ 26,324 Raise and Appropriate - Sewer Enterprise R&A-S $ - Bonds/Notes - General Fund B/N-G $ - Bonds/Notes - Water Enterprise B/N-W $ 1,600,000 Bonds/Notes - Sewer Enterprise B/N-S $ 4,830,000 Total All Capital Projects $ 6,456,324 Board of Selectmen 2009 ANNUAL TOWN MEETING MOTION BOOK Page 26 ARTICLE 22. CAPITAL IMPROVEMENT PLAN APPROPRIATION FISCAL YEAR 2010. ARTICLE 22 INCLUDED IN HANDOUT MOTION: Move to fund the Town Capital Improvement Program as printed under Article 22 of the Warrant for the 2009 Annual Town Meeting under the heading"FY10 CIP Recommendations" with the following amendments: Add: Line 1A above the subheading"General Fund Total" Heading Modular Classrooms for the Town's Community School Programs",Fund Code: B/N-G, S545,000. Delete: Line 4 "Sewer Extension",Fund Code: B/N-S,S4,830,000 and to appropriate S2,171,324 for the listed projects in the amounts as follows: FY10 CH' Recommendations Town Managers Line# Project Description Fund Code Recommendations 1A Modular Classrooms for Town's Community School Programs B/N-G S 545,000 General Fund Total S 545,000 1 Bear Hill Booster Pump Station B/N-W S 1,250,000 2 Rosemont Booster Pump B/N-W S 350,000 3 Equipment-4 WD Vehicle R/A-W S 26,324 Water Enterprise Fund Total S 1,626,324 4 Sewer Enterprise Fund Total S - * Fund Codes spelled out below Funding Recommendation Code Totals Raise and Appropriate-General Fund R&A-G S - Raise and Appropriate-Water Enterprise R&A-W S 26,324 Raise and Appropriate-Sewer Enterprise R&A-S S - Bonds/Notes-General Fund B/N-G S 545,000 Bonds/Notes-Water Enterprise B/N-W S 1,600,000 Bonds/Notes-Sewer Enterprise B/N-S S - Total All Capital Projects S 2,171,324 that to meet this appropriation: (1) 526,324 shall be raised and appropriated from the Water Enterprise Fund, 2009 ANNUAL TOWN MEETING MOTION BOOK Page 27 (2)the Treasurer with the approval of the Board of Selectmen is authorized to borrow S1,901,022 under Chapter 44 of Massachusetts General Laws, (3) a portion of the appropriation for item 1A above in the amount of S193,978 shall be funded with S193,978 that shall be transferred from the following project in the amount set forth below,said sum represents excess bond and note proceeds that is not needed for the project: Amount Project Date/Article Number S193,978 Franklin School Roof Replacement June/5/06(Article 24,item 7) and (4) a portion of the appropriation for item 1A in the amount of S50,000 shall be funded with a grant in the amount of S50,000 received from the Merrimack College Education Fund Grant as approved by the School Committee. RECOMMENDATIONS: Project Board of Selectmen Finance Committee Planning Board Modular Classrooms Favorable Action Favorable Action To Be Made At TM Bear Hill Booster Favorable Action Favorable Action Favorable Action Pump Station Rosemont Booster Favorable Action Favorable Action Favorable Action Pump Station Equipment 4-Wheel Favorable Action Favorable Action Favorable Action Drive Vehicle Sewer Extension Take No Action Take No Action Unfavorable Action MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER-BRUCE THIBODEAU, DIRECTOR OF PUBLIC WORKS, SCHOOL DEPARTMENT REPRESENTATIVE PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 28 Article 23. Funding for School Department Phone System. To see if the Town will vote to raise and appropriate, borrow or lease/purchase under the provisions of Massachusetts General Law Chapter 44, or transfer from available funds, a sum of money for the purpose acquiring a phone system for the North Andover Public School System; School Committee ARTICLE 23. FUNDING FOR SCHOOL DEPARTMENT PHONE SYSTEM. MOTION: MOVE THAT THE SCHOOL COMMITTEE IS AUTHORIZED TO ENTER INTO A THREE YEAR TAX EXEMPT LEASE PURCHASE AGREEMENT IN THE AMOUNT OF $204,000 TO ACQUIRE A PHONE SYSTEM WITH PAYMENTS UNDER THE AGREEMENT TO COME FROM THE SCHOOL DEPARTMENT OPERATING BUDGET." RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS J. SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: STANLEY LIMPERT, CHAIR, SCHOOL COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 29 Article 24. Appropriation of Funds for Modular School Building(s). To see if the Town will vote to appropriate funds from the Chapter 71, Section 71E revolving account for Community School Programs for the procurement of space to house Community School Programs, by lease or purchase of one or more modular buildings; School Committee ARTICLE 24. APPROPRIATION OF FUNDS FOR MODULAR SCHOOL BUILDING(S). MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 24". FUNDING FOR THIS ARTICLE IS INCLUDED IN ARTICLE 22— CAPITAL IMPROVEMENT PLAN. RECOMMENDATIONS: BOARD OF SELECTMEN: "TO TAKE NO ACTION" FINANCE COMMITTEE: "TO TAKE NO ACTION" MOTION READER: STANLEY LIMPERT, CHAIRMAN, SCHOOL COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 30 Article 25. Authorization to Establish a Capital Improvement Fund at the Greater Lawrence Technical School. To see if the Town will vote to authorize the Greater Lawrence Technical School District to establish a stabilization fund pursuant to Massachusetts General Law, Chapter 71, Section 16G 1/2; Greater Lawrence Technical School Committee ARTICLE 25. AUTHORIZATION TO ESTABLISH A CAPITAL IMPROVEMENT FUND AT THE GREATER LAWRENCE TECHNICAL SCHOOL. MOTION: MOVE TO ADOPT ARTICLE 25 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: JOHN DRISCOLL, GLTS REP. OR MARK H. REES MOTION PRESENTER: JOHN DRISCOLL, GLTS REP. OR MARK H. REES PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 31 Article 26. 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 t/2 for the Fiscal Year beginning July 1, 2009; Revotving Fund Accounts Account Number Revolving Fund Authorized to Spend Use of Funds Revenue Source FY 2010 Limit 1. Youth Services Assistant All programs and Participants'fees, 2031213 Revolving Town Manager activities, Grants,Donations,and $ 250,000 expense,part time related Fundraising help proceeds 2. Director-Division of Field Field rental fees, Field Maintenance Public Works maintenance, Grants,Donations,and $ 10,000 2031210 upgrade and related Fundraising related expenses proceeds 3. Elder Services Assistant Senior programs, Participants'fees, 2031217 -COA Town Manager classes and Grants,Donations,and $ 20,000 Revolving activities related Fundraising proceeds 4. Director- Clinic supplies Clinic participant fees, Health Dept Community and other related Grants,Donations,and $ 30,000 2031211 Revolving Development materials related Fundraising Division proceeds 5. Wheelabrator Director- Air quality Wheelabrator Host 2031204 Planning Community monitoring Community Agreement $ 35,000 Development Division 6. Director- Wheelabrator Community To enforce Trash Wheelabrator Host 2031205 Public Safety Development Truck regulations Community Agreement $ 20,000 Division 7. 2031206 Wheelabrator- Director- Protection of Wheelabrator Host $ 18,000 Health Community health,safety and Community Agreement Development monitoring the air Division quality 8. Food Consultant Health Dept- Director- fees and expenses 2031207 Food Inspections Community related to program Inspection Fees $ 20,000 Development Division 9. Septic Consultant Health Dept- Director- fees and expenses 2031208 Septic Inspections Community related to program Inspection Fees $ 30,000 Development Division 10 Stormwater Director- Review,test and Review Fees $ 50,000 Bylaw Community inspect Development Stormwater Division reports TOTAL $483,000 2009 ANNUAL TOWN MEETING MOTION BOOK Page 32 Revolving Fund. Account'%eMpts and Expenditures Receipts Account Revolving Balance FY08 FY08 Balance thru Expenditures Number Fund 7/1/07 Receipts Expenditures 06/30/08 03/31/09 thru 03/31/09 Balance 1. 2031213 Youth Services $ 276,884 $ 226,891 $ (228,447) $ 275,329 $ 85,938 $ (184,186) $ 177,081 Revolving 2. Field 2031210 Maintenance $ 18,411 $ 1,300 $ (3,253) $ 16,458 $ 6,100 $ (4,828) $ 17,731 Elder Services 3. 2031217 -COA $ 4,195 $ 12,417 $ (15,985) $ 627 $ 2,388 $ (232) $ 2,783 Revolving 4. Health Dept 2031211 Revolving $ 5,453 $ 30,558 $ (25,840) $ 10,170 $ 24,615 $ (18,841) $ 15,944 5. Wheelabrator 2031204 Planning $ 65,059 $ 25,000 $ (31,716) $ 58,343 $ 25,000 $ (14,492) $ 68,850 6. Wheelabrator 2031205 Public Safety $ 70,032 $ 15,640 $ (15,873) $ 69,799 $ 12,500 $ (6,298) $ 76,001 7. Wheelabrator- 2031206 Health $ 44,595 $ - $ (20,529) $ 24,067 $ - $ (3,079) $ 20,988 8. Health Dept- 2031207 Food $ 56,991 $ 20,865 $ (10,366) $ 67,490 $ 21,585 $ (7,154) $ 81,921 Inspections 9. Health Dept- 2031208 Septic $ 29,500 $ 21,710 $ (22,273) $ 28,937 $ 7,190 $ (14,732) $ 21,395 Inspections ARTICLE 26. ESTABLISHMENT OF REVOLVING FUNDS. MOTION: MOVE TO ADOPT ARTICLE 26 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 33 MOTION TO TAKE ARTICLE 28 OUT OF ORDER IF PASSED GO TO PAGE 38 OF MOTION BOOK 2009 ANNUAL TOWN MEETING MOTION BOOK Page 34 Article 27. 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 Law 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 Stevens Estate: Restoration of Gate $207,190 Historical Preservation House (Phase 2) Ridgewood Cemetery: Restoration of $107, 304 Historical Preservation historic structure and preservation of records, grave marks and landscape Machine Shop Village: Historical $95,000 Historical Preservation signage and streetscape refurbishment Grogan's Field Building: Restoration of $45,158 Historical Preservation former Johnson High athletic building Restoration of historical town records $15,000 Historical Preservation (Phase 4) Old Police Court: Refurbishment (Phase $15,000 Historical Preservation II) Hay Scales Building (Town Common); $5,000 Historical Preservation Engineering and historical structure review Bingham Way: $150,000 Affordable Housing Preservation/replacement of roof Fountain Drive: $25,000 Affordable Housing Preservation/replacement of walkways Principal and Interest expenses: $500,000 Open Space Protection Windrush Farm Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $1,189,652 2009 ANNUAL TOWN MEETING MOTION BOOK Page 35 ARTICLE 27. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND. MOTION: MOVE TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE $1,189,652 FROM THE FISCAL 2010 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 MOTION PRESENTER: JOHN SIMONS, CHAIR, COMMUNITY PRESERVATION COMMITTEE PRESENTATION FORMAT: POWERPOINT — ONLY IF NECESSARY — OTHERWISE VERBAL FROM JOHN SIMONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Community Preservation Committee 2009 ANNUAL TOWN MEETING MOTION BOOK Page 36 Article 28. Acquisition of Land - 188 Acres (Windrush Farm-Lacy Street) Using Community Preservation Funds. To see if the Town will vote to raise, borrow and/or appropriate a sum of money for the acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of land of approximately 188 acres of land owned by any or all of the following: Marjorie V. Kittredge, the Kittredge Family Preservation Trust or the Trust for Public Land as described on Assessor's Map 105A, Parcels 9,10, 12, 14 and 16 to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes and to meet said appropriation with funds transferred and/or borrowed in accordance with Massachusetts General Laws Chapters 44 and/or 44B, the Community Preservation Act, or any other enabling authority, and to authorize the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and that the Town Manager, the Board of Selectmen, and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments, including a permanent deed restriction in accordance with Massachusetts General Laws Chapter 184, as may be necessary on behalf of the Town of North Andover to affect said purchase; Community Preservation Committee 2009 ANNUAL TOWN MEETING MOTION BOOK Page 37 THIS MOTION IS INCLUDED IN THE HANDOUT. ARTICLE 28. ACQUISITION OF LAND - 188 ACRES (WINDRUSH FARM-LACY STREET) USING COMMUNITY PRESERVATION FUNDS. MOTION: Move that $2,500,000 be appropriated for the acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of land of approximately 188 acres of land within the bounds of North Andover owned by any or all of the following: Marjorie V. Kittredge, the Kittredge Family Preservation Trust or the Trust for Public Land as shown on Assessor's Map 105A, Parcels 9, 10, 12, 14 and 16 and as also described in a deed recorded at North Essex District Registry of Deeds in Book 940, Page 382, and in Registered Land Certificate of Title Number 13845, Book 109, Page 129 and Registered Land Certificate of Title Number 5096, Book 34, Page 385, but excluding the property transferred by Marjorie V. Kittredge, Trustee, to Farm Therapeutic Equitation, Inc. by deed dated August 26, 2005 and recorded as Registered Land Document Number 90198, and expenses incidental and related thereto, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes; that to meet said appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,500,000 under Massachusetts General Laws Chapter 44 and/or 44B, the Community Preservation Act, or any other enabling authority; and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and that the Town Manager, the Board of Selectmen, and the Conservation Commission be authorized 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 interest of the Town and as may be necessary on behalf of the Town of North Andover to affect said purchase. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS, CHAIRMAN, CPC MOTION PRESENTER: JOHN SIMONS, CHAIRMAN, CPC PRESENTATION FORMAT: POWERPOINT ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 38 Article 29. Accept Provisions of Massachusetts General Law, Chapter 32B Section 18A- Medicare Part B Enrollment. To see if the Town will vote to accept the provisions of Massachusetts General Law, Chapter 32B Section 18A which allows a municipality to enroll retirees eligible for the federal Medicare Part B program without penalty; Board of Selectmen ARTICLE 29. ACCEPT PROVISIONS OF MASSACHUSETTS GENERAL LAW, CHAPTER 32B SECTION 18A-MEDICARE PART B ENROLLMENT. MOTION: MOVE TO ADOPT ARTICLE 29 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: RAY SANTILLI, HUMAN RESOURCE DIRECTOR PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 39 Article 30. Continuation of Massachusetts General Law Chapter 59 Section 5K— Senior Work Program. — To see if the Town will vote to 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 an amount to be determined by vote of the Town Meeting; Council on Aging ARTICLE 30. CONTINUATION OF MASSACHUSETTS GENERAL LAW CHAPTER 59 SECTION 5K— SENIOR WORK PROGRAM. 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 MOTION READER: WILLIAM CALLAHAN, CHAIRMAN,COA MOTION PRESENTER: RAY SANTILLI, ASSISTANT TOWN MANAGER PRESENTATION FORMAT: ANSWER QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 40 Article 31. Authorization to Charge Demand Fee for Delinquent Taxes. To see if the Town will vote to charge for each written demand issued by the collector a fee not to exceed $30 to be added to and collected as part of the tax, as authorized by Massachusetts General Laws, Chapter 60, Section 15, effective as of July 1, 2009; Treasurer/Collector ARTICLE 31. AUTHORIZATION TO CHARGE DEMAND FEE FOR DELINQUENT TAXES. MOTION: MOVE THAT THE TOWN CHARGE FOR EACH WRITTEN DEMAND ISSUED BY THE COLLECTOR A FEE OF $30.00 (THIRTY DOLLARS) TO BE ADDED TO AND COLLECTED AS PART OF THE TAX AS AUTHORIZED BY MASSACHUSETTS GENERAL LAW CHAPTER 40, SECTION 15, EFFECTIVE AS OF JULY 1, 2009. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK H. REES, TOWN MANAGER MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 41 Article 32. Amend Zoning Bylaw — Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend the Zoning Bylaws, Section 8.9 Wireless Facilities by replacing the existing text in its entirety. This bylaw is being updated to make the following changes: • To clarify the definition of pre-existent structure, so that it applies to an existing building that may serve as a location for a wireless facility. • To distinguish between the application filing requirements for new monopoles and wireless facilities to be installed in an existing building. • Other changes that clarify application filing requirements Planning Board ARTICLE 32. AMEND ZONING BYLAW — SECTION 8.9 WIRELESS SERVICE FACILITIES. COMPLETE TEXT OF ARTICLE PAGES 39-54-FINANCE COMMITTEE REPORT. MOTION: MOVE TO ADOPT ARTICLE 32 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN L. SIMONS, CHAIRMAN MOTION PRESENTER: JUDY TYMON, TOWN PLANNER PRESENTATION FORMAT: POWERPOINT- ONE SLIDE NOTES: SELECTMAN BILL GORDON WILL PRESENT SELECTMEN'S OPPOSING VIEWPOINT. ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 42 Article 33. Amend Zoning Bylaw—Section 8.9 (2)—Wireless Service Facilities, Definitions- Preexisting Structure. To see if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, subsections (2)(u) through (2)(aa) to add a definition for Pre-existing Structures. Subsection 8.9(2)(x) through 8.9(2)(aa) is to be amended by removing the text shown as stricken, and adding the text shown as underlined Section 8.9 Wireless Services Facilities 2) Definitions: (u) Preexistent Structure. For purposes of this § 8.9, preexistent structure shall refer to a lawfully existing structure on which a wireless service facility was actually located on December 11, 2000. Preexistent structure does not refer to a building (such as a home, school, church, or hospital) or other structure not used as a mount for a wireless service facilities or devices on December 11, 2000. (ter)O Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. (v) Lw) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guideline) or any other applicable FCC guidelines and regulations. (w)O Security Barrier. A locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. (-x)W Separation. The distances between one array of antennas and another array. (y)Cz)Utility. A system of wires or conductors and supporting structures that function in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. (z) as Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures. (aa) ("b Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange services. Petition of Salvatore A. Russo and others 2009 ANNUAL TOWN MEETING MOTION BOOK Page 43 ARTICLE 33. AMEND ZONING BYLAW —SECTION 8.9 (2) — WIRELESS SERVICE FACILITIES, DEFINITIONS- PREEXISTING STRUCTURE. MOTION: MOVE TO ADOPT ARTICLE 33 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION READER: SALVATORE RUSSO - PETITIONER MOTION PRESENTER: SALVATORE RUSSO - PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 44 Article 34. Authorization to Lease a Portion of Land of the Stevens Estate at Osgood Hill — 723 Osgood Street - in Excess of Three Years for the Purpose of Allowing a Wireless Communications Facility to be Constructed at that Location. To see if the Town will vote to authorize the Town Manager to enter into an agreement in excess of three years for the purpose of allowing a wireless communications facility to be constructed and to operate at that location; Board of Selectmen ARTICLE 34. MOTION: MOVE TO AUTHORIZE THE BOARD OF SELECTMEN TO ENTER INTO AN AGREEMENT IN EXCESS OF THREE YEARS FOR THE PURPOSE OF ALLOWING A WIRELESS COMMUNICATION FACILITY TO BE CONSTRUCTED AND OPERATED AT THAT LOCATION. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 45 Article 35. Petition General Court - Special Act - Chan2e in Liquor Quota-All Alcoholic Beverages for Package Stores- Virginia, Inc., d/b/a J&M Convenient Store & Deli located at 701 Salem Street. To see if the Town will vote to Petition the Legislature to allow the North Andover Licensing Authority to override the provisions of Massachusetts General Law Chapter 138 Section (17) (Number of licenses quotas; licenses for wine and malt beverages per population unit; additional licenses; estimates of increased population; decrease in quota due to loss in population; determination of population city or town.) for the increase in the number of All Alcoholic Beverages Licenses for Package Stores by one (1) for Virginia, Inc., d/b/a J&M Convenient Store & Deli located at 701 Salem Street; Petition of James M. Xenakis and others Board of Selectmen Recommendation: To Be Made at Town Meeting ARTICLE 35. PETITION GENERAL COURT - SPECIAL ACT - CHANGE IN LIQUOR QUOTA-ALL ALCOHOLIC BEVERAGES FOR PACKAGE STORES- VIRGINIA, INC., DB/A J&M CONVENIENT STORE & DELI LOCATED AT 701 SALEM STREET. MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: JAMES M. XENAKIS-PETITIONER MOTION PRESENTER: JAMES M. XENAKIS-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR: PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 46 Article 36. Placement of Non-Binding Ballot Question about form of North Andover government on next Town Election Ballot. To see if the Town will vote to add to the next Town election ballot the following nonbinding public opinion advisory question: "Should the Town of North Andover replace Open Town Meeting with a nine member Town Council with the provision that most Town Council decisions prior to being operative could be decided by a referendum vote, if a sufficient number of valid signatures is presented to the Town Clerk within the defined time period?" Or to take any other action relative thereto. Petition of George Vozeolas and others Board of Selectmen Recommendation: Unfavorable Action ARTICLE 36. PLACEMENT OF NON-BINDING BALLOT QUESTION ABOUT FORM OF NORTH ANDOVER GOVERNMENT ON NEXT TOWN ELECTION BALLOT. MOTION: MOVE TO ADOPT ARTICLE 36 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION MOTION READER: GEORGE VOZEOLAS-PETITIONER MOTION PRESENTER: GEORGE VOZEOLAS-PETITIONER PRESENTATION FORMAT: POWERPOINT NOTES: TOWN COUNSEL WILL RESPOND IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 47 Article 37. Circulation of Charter Revision or Adoption Petition. To see if the Town will vote to allow the Charter Revision or Adoption Petition for the Town of North Andover to be circulated during Town Meeting and all public gatherings including but not limited to school committee and selectmen meetings. In addition it is requested that the Charter Revision or Adoption Petition for the Town of North Andover be prominently displayed and available for signatures at all town facilities, including but not limited to the North Andover Town Hall, North Andover Public Library, the Police and fire stations, Stevens Estate, Senior Center, and Herman Youth Center; Petition of George Vozeolas and others ARTICLE 37. CIRCULATION OF CHARTER REVISION OR ADOPTION PETITION. MOTION: MOVE TO ADOPT ARTICLE 37 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION MOTION READER: GEORGE VOZEOLAS-PETITIONER MOTION PRESENTER: GEORGE VOZEOLAS-PETITIONER PRESENTATION FORMAT: POWERPOINT NOTES: TOWN COUNSEL TO REPSOND IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 48 Article 38. Instruction for Completion of the Charter Revision or Adoption Petition of the Town of North Andover. To see if the Town will vote to instruct the Town Manager and the Board of Selectmen to take whatever means available to facilitate the completion of the Charter Revision or Adoption Petition for the Town of North Andover. It also requires that the Town Manager will report on the progress on a monthly basis; Petition of George Vozeolas and others Board of Selectmen Recommendation: Unfavorable Action ARTICLE 38. INSTRUCTION FOR COMPLETION OF THE CHARTER REVISION OR ADOPTION PETITION OF THE TOWN OF NORTH ANDOVER. MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION MOTION READER: GEORGE VOZEOLAS-PETITIONER MOTION PRESENTER: GEORGE VOZEOLAS-PETITIONER PRESENTATION FORMAT: POWERPOINT NOTES: TOWN COUNSEL TO EXPLAIN IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 49 Article 39. Upholding of Duties in Bylaws. To see if the Town will vote in favor of reminding the Board of Selectmen, the Town Manager, the Planning Board, the Zoning Board of Appeals, the Zoning Enforcement Officer and Town Counsel of their sworn duty to consistently uphold and abide by the Zoning Bylaws of North Andover as dictated by town meeting AND to always act in defense of the public health, safety and welfare if all North Andover citizens as provided by such bylaws, to the fullest extent of the law, without personal or financial conflict of interest, or the appearance thereof. In essence, this means the town will not allow itself to be held hostage whenever there is a perceived threat of a lawsuit against their pending decisions... especially, when intimidated by large corporations. It also means that it is not the power of the Boards to change our bylaws...that power belongs to the voters at Town Meeting. The Selectmen are obligated to represent what the voters want, not what they, as individuals want, and to seek recourse which best reflects the expressed interests of those who elected them. Taken from the town's website: The mission of the Building Division is to ensure the health, safety and welfare of the Town's residents and visitors through the enforcement of the State and local laws, bylaws and regulations. The Building Division is charged with the enforcement of the State Building 730 CMR of the Acts of 1972 and Zoning Act, Massachusetts General Laws 40A and all other applicable laws and regulations including applicable sections of the North Andover Code: Petition of Steven Tryder and others ARTICLE 39. UPHOLDING OF DUTIES IN BYLAWS. . MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION READER: STEVEN TRYDER-PETITIONER MOTION PRESENTER: STEVEN TRYDER-PETITIONER PRESENTATION FORMAT: NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 50 Article 40. Amend Zoning Bylaw — Add New Section - Section 18 — Downtown Overlay District. To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 18 Downtown Overlay District to read as follows: This article seeks to add Section 18 to the North Andover Zoning Bylaw which will create a zoning overlay district for the downtown area. The downtown area is currently made up of four different zoning districts (General Business, R-4, R-5 and Industrial S), all of which allow different uses. The overlay will incorporate the uses from those four zones that are best suited for downtown. The proposed Downtown Overlay District combines several uses already allowed in the individual districts and allows the uses within the overlay. If an applicant chooses to take advantage of the overlay by developing their property with a use allowed in the overlay but not their particular district, they would be required to follow enhanced design guidelines set up to promote better development on Main Street and some adjacent streets. The new overlay does not take away or change any existing zoning downtown but adds an alternative choice for Main Street development. Planning Board ARTICLE 40. AMEND ZONING BYLAW — ADD NEW SECTION - SECTION 18 — DOWNTOWN OVERLAY DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 40 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS, CHAIRMAN, PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE-COMMUNITY DEVELOPMENT DIRECTOR PRESENTATION FORMAT: ONE SLIDE NOTES: ***TWO-THIRD VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 51 Article 41. Amend Zoning May —Downtown Overlay District. To see if the town will vote to amend the Zoning Map for the Town of North Andover to rezone the following: Downtown Overlay District Map Description: Beginning at a point on the easterly line of Main Street at the intersection of Sutton Street. Thence running in a southern direction along Main Street until the intersection of Water Street, incorporating all land between Main Street and Sutton Pond. All land with addresses on Saunders Street, Ellis Court and Cleveland Street. Beginning at a point easterly where Main Street intersects Water Street. Thence running in a southern direction along the easterly side of Water Street up to the intersection of High Street, incorporating the land between Main Street, Water Street and Mill Pond. All property containing the Davis and Furber Mill complex. Beginning at a point on the westerly line of Main Street at the intersection of Sutton Street. Thence running in a southern direction along Main Street until the intersection of Waverley Road, incorporating all land designated as General Business. Beginning at a point on the southerly line of Waverly Road at the intersection of Main Street. Thence running in a southern direction along Main Street until the intersection of Waverley Road, incorporating all land between Waverley Road and Second Street from the centerline of Main Street and setback 500-feet. Beginning at a point on the southerly line of Second Street at the intersection of Main Street. Thence running in a southern direction along Main Street for 500-feet, incorporating all land in between and setback 300-feet from the centerline of Main Street. DOWTOWN OVERLAY DISTRICT MAP N Planning Board 2009 ANNUAL TOWN MEETING MOTION BOOK Page 52 PLEASE READ ENTIRE MOTION BELOW INTO RECORD. ARTICLE 41. AMEND ZONING MAP—DOWNTOWN OVERLAY DISTRICT. MOTION: Move to amend the Zoning Map for the Town of North Andover to rezone the shaded area shown on the map entitled "Downtown Overlay District Map," as printed in the Annual Town Meeting Warrant, which map is on file with the Town Clerk. The specific boundaries of the "Downtown Overlay District" are the perimeters of the shaded areas as shown on said map, and that map shall be the official description of the Downtown Overlay District. The District is generally described as follows: The land beginning at a point on the easterly line of Main Street at the intersection of Sutton Street, thence running in a southerly direction along Main Street to the intersection of Water Street, including all land shown as shaded area on said map between Main Street and Sutton Pond. The land shown as shaded areas on said map with addresses on Saunders Street, Ellis Court and Cleveland Street. The land beginning at a point on the easterly side of Main Street at the intersection of Main Street and Water Street, thence running in a southerly direction along the easterly side of Water Street to the intersection of High Street, including the land shown as shaded area on said map between Water Street, Elm Street, High Street and the mill pond. All of the property known as the Davis and Furber Mill complex as shown on the map in the shaded area bounded on the west by Elm Street and situated between Water Street and High Street. The land beginning at a point on the westerly line of Main Street at the intersection of Sutton Street, thence running in a southerly direction along Main Street to the intersection of Waverley Road, including the land shown as shaded area on said map and designated as General Business on the current zoning map. The land beginning at a point on the southerly line of Waverley Road at the intersection of Main Street, thence running in a southerly direction along Main Street to the intersection of Second Street, including the land shown as shaded area on said map between Waverley Road, Second Street and Main Street. The land beginning at a point on the southerly line of Second Street at the intersection of Main Street, thence running in a southerly direction along Main Street for approximately 500-feet, including the land shown as shaded area on said plan bounded by Second Street and Main Street. 2009 ANNUAL TOWN MEETING MOTION BOOK Page 53 The land shown as shaded area on said plan beginning at the intersection of Main Street and Water Street, along the southerly side of Water Street and the easterly side of Main Street. ARTICLE 41. AMEND ZONING MAP—DOWNTOWN OVERLAY DISTRICT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS, PLANNING BOARD CHAIRMAN MOTION PRESENTER: CURT BELLAVANCE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTATION FORMAT: POWERPOINT NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 54 Article 42. Amend Zoning Bylaw-Section 16.2- Corridor Development District 1-Permitted Uses. To see if the Town will vote to emend Section 16.2 of the Town of North Andover Zoning Bylaws, in the Corridor Development District 1 (CDDl) by inserting the following language: "Drive through restaurants shall be permitted on property/properties that do not directly abut a residential zone." The purpose of this article's proposed zoning change is to encourage the highest and best use of the properties along Route 114 and to encourage economic development and diversity in the community tax base for the Town. Route 114 is an extensively developed commercial highway that 12 million cars use annually. This zoning change will permit a commercial use that is consistent with the other commercial uses along Route 114 and to provide much needed commercial revenue to the Town. This commercial revenue will benefit the schools, police, fire, and public works departments of the Town without increasing residential property taxes. For the past 20 years, three different zoning policies (R6, Village Commercial, and CDD1) sponsored by the Planning Board have failed to provide commercial development in the area located between the Chestnut Green Office Park and the Super Stop & Shop. Furthermore, the use restrictions of these zoning policies have failed to address the hardship that the unfairly burdened homeowners face within this area. This Amendment will permit the same rights to the aggrieved homeowners as other commercially zoned properties adjacent to their homes; Petition of Scott Hajjar, Oscar Pancorbo and others ARTICLE 42. AMEND ZONING BYLAW-SECTION 16.2- CORRIDOR DEVELOPMENT DISTRICT 1-PERMITTED USES. MOTION: MOVE TO ADOPT ARTICLE 42 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION READER: SCOTT HAJJAR-PETITIONER MOTION PRESENTER: SCOTT HAJJAR-PETITIONER PRESENTATION FORMAT: POWERPOINT NOTES: SELECTMAN TRACY WATSON WILL EXPLAIN SELECTMEN'S POSITION ON THIS ARTICLE. ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 55 Article 43. Amend North Andover Zoning Bylaw — Section 11.5 Planned Development District — Uses. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 11.5, in order to allow the Planning Board additional flexibility in determining the appropriate types, number, location and dimensions of signs to be permitted pursuant to a Planned Development District Special Permit. Amend Section 11.5 (Planned Development District—Uses) by adding the following language as the last Paragraph of said Section 11.5: Notwithstanding anything to the contrary in this Bylaw, an Applicant for a Planned Development District Special Permit may propose a sign master plan for the District which, if approved by the Planning Board, may allow for signage which deviates from the specific sign requirements of the Zoning Bylaw, including Section 6.6, provided that such signage would, in the opinion of the Planning Board, be consistent with the general purpose and intent of Section 11.2 (Purpose of Planned Development District); Petition of John T. Smolak and others ARTICLE 43. AMEND NORTH ANDOVER ZONING BYLAW — SECTION 11.5 PLANNED DEVELOPMENT DISTRICT—USES. MOTION: MOVE TO ADOPT ARTICLE 43 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN T. SMOLAK- PETITIONER MOTION PRESENTER: JOHN T. SMOLAK- PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 56 Article 44. Amend North Andover General Bylaw, New Chapter, Chapter 160, Stormwater Management & Erosion Control Bylaw. To see if the Town will vote to amend the Town of North Andover General Bylaws by adding a new Chapter, Chapter 160, Stormwater Management& Erosion Control Bylaw. FULL TEXT OF BYLAW PAGES 71-84 FINANCE COMMITTEE REPORT Chapter 160 to read as follows: Department of Public Works ARTICLE 44. AMEND NORTH ANDOVER GENERAL BYLAW, NEW CHAPTER, CHAPTER 160, STORMWATER MANAGEMENT & EROSION CONTROL BYLAW. MOTION: MOVE TO ADOPT ARTICLE 44 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: MARK H. REES, TOWN MANAGER MOTION PRESENTER: BRUCE THIBODEAU, DIRECTOR, PUBLIC WORKS, GENE WILLIS, DIRECTOR OF ENGINEERING PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 57 Article 45. Amend North Andover General Bylaw, Chapter 59-5 Information Required for the Consideration of Town Meeting Articles. To see if the Town will vote to amend Section 59-5 of the General Bylaws of the Town of North Andover by adding paragraph C which would state: 59-5 C. All CIP (Capital Improvement Plan) articles which seek to raise in excess of $500,000, shall in addition to any other method of funding, include the appropriate language to allow, but not necessarily require, for funding through a Massachusetts General Laws Chapter 59, Section 21C Debt Exclusion Override; Finance Committee ARTICLE 45. AMEND NORTH ANDOVER GENERAL BYLAW, CHAPTER 59-5 INFORMATION REQUIRED FOR THE CONSIDERATION OF TOWN MEETING ARTICLES. MOTION: MOVE TO AMEND SECTION 59-5 OF THE GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER BY ADDING PARAGRAPH C AS FOLLOWS: 59-5 C. ALL CIP (CAPITAL IMPROVEMENT PLAN) ARTICLES WHICH SEEK TO RAISE IN EXCESS OF $500,000, SHALL IN ADDITION TO ANY OTHER METHOD OF FUNDING, INCLUDE THE APPROPRIATE LANGUAGE TO ALLOW FOR, BUT NOT NECESSARILY REQUIRE, FUNDING THROUGH A MASSACHUSETTS GENERAL LAWS CHAPTER 59, SECTION 21C DEBT EXCLUSION OVERRIDE. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: DOUGLAS SWATSKI, CHAIR, FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: SELECTMAN DANIEL P. LANEN WILL EXPLAIN SELECTMEN'S OPPOSITION TO THIS ARTICLE. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 58 Article 46. Petition the Legislature - Special Act to Incur Debt for the Purpose of Placing Utilities Underground in the Old Center. To see if the Town will vote to petition the General Court to adopt the following special act: ARTICLE 46. PETITION THE LEGISLATURE - SPECIAL ACT TO INCUR DEBT FOR THE PURPOSE OF PLACING UTILITIES UNDERGROUND IN THE OLD CENTER. MOTION: Move to adopt Article 46 as written in the warrant with the following amendments: Delete: Section 4 in its entirety. Renumber Section 5 to Section 4 ADD: " THAT IN ADDITION TO THE FOREGOING PETITION TO THE GENERAL COURT, THE TOWN ALSO VOTE TO PETITION THE GENERAL COURT TO AMEND GENERAL LAWS CHAPTER 166 AND OTHER GENERAL OR SPECIAL ACT, TO AUTHORIZE A UTILITY AND ANY PROVIDER OF CABLE, INTERNET, OR INTERNET TELEPHONE SERVICE, TO IMPOSE A SURCHARGE OF (TWO) 2 PERCENT ON ITS BILLING TO CUSTOMERS FOR WHOM THEY PROVIDE SERVICES FOR CABLE TELEVISION, INTERNET ACCESS OR INTERNET TELEPHONE SERVICE. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION WITH AMENDMENT FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: MR MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 59 Article 47. 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 to 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 47. PETITION THE LEGISLATURE — SPECIAL ACT TO EXEMPT THE TOWN OF NORTH ANDOVER FROM PORTIONS OF PREVAILING WAGE ACT. MOTION: MOVE TO ADOPT ARTICLE 47 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL —FILED LEGISLATION PASSED AT 2008 ATM NOT ENACTED BY THE LEGISLATURE-THIS IS A REFILE NOTES: MR. MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 60 Article 48. Petition the Legislature: Municipal Group Insurance Committee Legislation. To see if the Town will vote to petition the General Court to adopt the following law: Municipal Group Insurance Committee (GIC) Legislation Any city or town accepting the provisions of this section may establish and maintain a committee known as a "Group Insurance Committee" consisting of seven (7) members to be constituted as follows: Four (4) persons to be appointed by the Mayor or Board of Selectmen, two (2) persons to be elected by the organizations of the governmental units' employees, and one (1) person who shall be a retiree of the city or town who shall be appointed by the Mayor or Board of Selectmen. Four (4) members of said committee shall constitute a quorum. Said committee shall act upon the majority vote of a quorum at any meeting held in conformity with the provisions of Massachusetts General Laws Chapter 39, Section 23B. The Group Insurance Committee shall have the full and final authority to determine changes in any design or composition of any and all group general or blanket, hospital, surgical, medical, dental, and other health insurance plans, including, but not limited to, the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12 or Chapter 32 of the General Laws. Any plan design changes may include, but not be limited to, changes to employer/employee contribution levels, co-pay amounts and deductibles. Such changes as the Group Insurance Committee shall deem appropriate shall be effective as of the date of said changes are voted upon by the committee and shall not be subject to collective bargaining under the provisions of Chapter 150E of the General Laws. This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by the majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the Mayor; in a town, by vote of its Town Meeting, in a regional school district, by the vote of the regional district school committee; Board of Selectmen 2009 ANNUAL TOWN MEETING MOTION BOOK Page 61 ARTICLE 48. PETITION THE LEGISLATURE: MUNICIPAL GROUP INSURANCE COMMITTEE LEGISLATION. MOTION: MOVE TO ADOPT ARTICLE 48 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR, PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 62 Article 49. Amend Vote Article 42-1997 Annual Town Meeting Removal of Development Restrictions on Town Farm Land, Map 62, Parcels 18, 9, and 64. To see if the Town will vote to amend and or modify Article 42 Conservation Restriction - Town Farm, approved at the May 13, 1997 Annual Town Meeting, Assessors Map 64 Parcels 9, 18, 20, and 64 ("Town Farm") to allow for active recreation including improvements by and for the use of athletic fields within the below referenced identified areas so long as said modification and or amendment applies only to specific identified areas of land hereinafter identified on a plan of land known as: "Area 1" approximately 3.4+/- acres of land, and "Area 2" approximately 3.2+/- acres of land both of which are further identified on: Conservation Restriction Amendment Plan, Town Farm - Dale Street, North Andover, MA, Assessors Map 64, Lots 9, 18, 20, 64, prepared for the Town of North Andover by New England Engineering Services Inc., 1600 Osgood Street, Building 20 Suite 2-64, Dated May 12, 2008 and stamped by Benjamin C. Osgood Jr. P.E., File No. 1532-5-12-08 containing 1- 3 sheets, hereinafter referred to as ("amendment plan") incorporated by reference herein; being a portion of the property known as the North Andover Town Farm, approximately 158.93 acres, more or less: said plans being available for public inspection at the Town Clerk's Office, and to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts for appropriate legislative relief, Board of Selectmen ARTICLE 49. AMEND VOTE ARTICLE 42-1997 ANNUAL TOWN MEETING REMOVAL OF DEVELOPMENT RESTRICTIONS ON TOWN FARM LAND, MAP 62, PARCELS 18, 9, AND 64. MOTION: MOVE TO ADOPT ARTICLE 49 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN MOTION PRESENTER: MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: VERBAL-NO NEW PRESENTATION NOTES: RESUBMISSION OF LEGISLATION PASSED AT 2008 ANNUAL TOWN MEETING—NOT ENACTED BY LEGISLATURE. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 63 Article 50. Exchange of Conservation Restriction—Boston Hill. To see if the Town will vote: 1) To authorize the Conservation Commission and the Board of Selectmen to amend a certain Conservation Restriction more particularly described in Paragraph 1(a) below, as follows: a) To release that certain parcel of land subject to the Conservation Restriction granted to the Town by Boston Hill Development, LLC on June 13, 2006, and recorded at the Essex North Registry of Deeds at Book 10282, Page 272 (the "Conservation Restriction") from the Conservation Restriction (the "Release"). The parcel of land subject to the Conservation Restriction is shown as ""Open Space Parcel `A"' above the title EXISTING CONSERVATION RESTRICTION (WITH PREVIOUSLY PROPOSED DEVELOPMENT) on the plan entitled PROPOSED MODIFICATION TO CONSERVATION RESTRICTION THE BOSTON HILL PREMISES NORTH ANDOVER, MA Prepared for: ELM DEVELOPMENT SERVICES, L.L.C. 200 NORTH MAIN STREET EAST LONGMEADOW, MA 01028, prepared by Marchionda & Associates, L.P., dated January 29, 2009 (the "Plan"). The parcel of land which is to be released from the Conservation Restriction pursuant to the Release contains approximately 18.74 acres. A copy of the Plan is attached hereto as Exhibit 1 and made a part hereof, and b) To accept the addition of a certain parcel of land to the Conservation Restriction (the "Addition") and to subject the Addition to the Conservation Restriction. The Addition is shown as "Open Space Parcel `A"' above the title "PROPOSED MODIFIED CONSERVATION RESTRICTION (WITH CURRENTLY PROPOSED DEVELOPMENT) on the Plan, and contains approximately 25.14 acres; and C) To make such other modifications to the Conservation Restriction as deemed necessary or advisable in the discretion of the Conservation Commission and the Board of Selectmen to accomplish the purposes of the amendment to the Conservation Restriction authorized hereby and/or as may be required by the Executive Office of Energy and Environmental Affairs. 2) To authorize the Conservation Commission and the Board of Selectmen to take all actions and to execute all documents as the Conservation Commission and/or the Board of Selectmen deems necessary or advisable in their sole discretion in order to carry out the purpose and intent of the amendment to the Conservation Restriction authorized hereby, including without limitation the execution of an amendment to the Conservation Restriction to accomplish the Release and the acceptance of the Addition. The necessity or appropriateness of each such document or action shall be conclusively evidenced by the execution and delivery or the taking thereof by the Conservation Commission and/or the Board of Selectmen; and 3) To authorize the Town to file a petition with the Massachusetts Legislature in order to obtain the Legislature's approval of the amendment to the Conservation Restriction authorized hereby, including without limitation the Release and the Addition; Copies of this amendment, the Conservation Restriction, and the plan referred to in this Article have been placed on file and are available for public review at the office of the Town Clerk; at the office of the Board of Selectmen; at the research desk of the North Andover Public Library; and on the Town website at www.townofnorthandover.com. 2009 ANNUAL TOWN MEETING MOTION BOOK Page 64 CONSERVATION RESTRICTION-BOSTON HILL WIAIM UUM"M IMMITI-A -'k A .......T.. T M- &,�hljn 1� "u"1U "EMMRNNKE) Conservation Commission ARTICLE 50. EXCHANGE OF CONSERVATION RESTRICTION—BOSTON HILL., MOTION: MOVE TO ADOPT ARTICLE 50 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN MABON,CHAIR, CONSERVATION COMMISSION MOTION PRESENTER: JOHN MABON,CHAIR, CONSERVATION COMMISSION PRESENTATION FORMAT: POWERPOINT NOTES: ...MAJORITY VOTE REQUIRED*.. VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 65 Article 51. Petition the Legislature—Amend North Andover Town Charter— Chapter 9- Section 6-1 — Notice of Public Hearing on (Operating Budget and) Capital Improvements Plan. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 9 Section 6-1 now reads: 9-6-1 The Finance Committee shall conduct at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations and detailed explanations on all financial articles including the Operating Budget and the Capital Improvements Plan in an Annual Finance Committee report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the Annual Town Meeting. In preparing its recommendations, the Committee may require the Town Manager, any town division, department, office, board, commission or committee to furnish it with appropriate financial reports and budgetary information. Amended to read as follows: The Finance Committee shall conduct at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations and on all financial articles, including the Operating Budget and the Capital Improvements Plan in an Annual Finance Committee report, which shall be made available to all residents of the Town at least 21 days prior to the Annual Town Meeting at Town Hall, Stevens Memorial Library, the Town of North Andover web site and by request by e-mail and U.S. mail. Notice of availability shall be published in a newspaper of general circulation. Copies of the Annual Finance Committee Report shall also be made available at the Annual Town Meeting. In preparing its recommendations, the Committee may require the Town Manager, any town division, department, office, board, commission or committee to furnish it with appropriate financial reports and budgetary information; Government Review Committee 2009 ANNUAL TOWN MEETING MOTION BOOK Page 66 ARTICLE 51. PETITION THE LEGISLATURE —AMEND NORTH ANDOVER TOWN CHARTER — CHAPTER 9-SECTION 6-1 — NOTICE OF PUBLIC HEARING ON (OPERATING BUDGET AND) CAPITAL IMPROVEMENTS PLAN. MOTION: MOVE TO ADOPT ARTICLE 51 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION READER: SUSAN HALTMAIER,CO-CHAIR,GRC MOTION PRESENTER: SUSAN HALTMAIER, CO-CHAIR,GRC PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 67 Article 52. Petition the Legislature — Amend North Andover Town Charter— Chapter 9- Section 7-1 — (Outside Audit of Town Financial Records). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 9-7-1 now reads: At least ninety days before the end of the fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records and financial transactions of every division, department, office, board, commission or committee of the town and to file its report within one hundred and twenty days after the end of the fiscal year. Amend Chapter 9-7-1 to read as follows: At least ninety days before the end of the fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm as recommended by the Finance Committee to conduct an audit of all accounts, books, records and financial transactions of every division, department, office, board, commission or committee of the town and to file its report within one hundred and twenty days after the end of the fiscal year. Government Review Committee ARTICLE 52. PETITION THE LEGISLATURE —AMEND NORTH ANDOVER TOWN CHARTER— CHAPTER 9-SECTION 7-1 — (OUTSIDE AUDIT OF TOWN FINANCIAL RECORDS). MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 52. RECOMMENDATIONS: BOARD OF SELECTMEN: NO ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION ER: SUSAN HALTMAIER, CO-CHAIR, GRC MOTION PRESENTER: SUSAN HALTMAIER, CO-CHAIR, GRC PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 68 Article 53. Petition the Legislature — Amend North Andover Town Charter — Chapter 4- Section 3-2-(L) —Duties (Town Manager). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Section 4-3-2-(1)1 now reads: (1) Distribute, or cause to be distributed, copies of the warrant and Finance Committee report for all town meetings to the residences of all registered voters. Amended to read: (1) Distribute, or cause to be distributed, copies of the warrant and Finance Committee report for all town meetings as prescribed in Chapter 9-6-1 of the Town Charter as amended. Government Review Committee ARTICLE 53. PETITION THE LEGISLATURE—AMEND NORTH ANDOVER TOWN CHARTER— CHAPTER 4-SECTION 3-2-(L)—DUTIES (TOWN MANAGER). MOTION: MOVE TO ADOPT ARTICLE 53 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: SUSAN HALTMAIER, CO-CHAIR, GRC MOTION PRESENTER: SUSAN HALTMAIER, CO-CHAIR, GRC PRESENTATION FORMAT: VERBAL NOTES: MR MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 69 Article 54. Petition the Legislature — Amend North Andover Town Charter— Chapter 2-Section 6-2 — Simplified Rules of Procedure. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 2 Section 6-2 now reads: The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Amended by deleting "to new voters at the time of registration" to read: The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the*im° offe ..stab.,,, and to those in attendance at all sessions of the town meeting. Government Review Committee ARTICLE 54. PETITION THE LEGISLATURE—AMEND NORTH ANDOVER TOWN CHARTER— CHAPTER 2-SECTION 6-2— SIMPLIFIED RULES OF PROCEDURE. MOTION: MOVE TO ADOPT ARTICLE 54 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: SUSAN HALTMAIER, CO-CHAIR, GRC MOTION PRESENTER: SUSAN HALTMAIER, CO-CHAIR, GRC PRESENTATION FORMAT: VERBAL NOTES: TOWN CLERK WILL EXPLAIN IF NEEDED. MR. MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 70 Article 55. Petition the Legislature—Amend North Andover Town Charter— Chapter 8- Section 5-5 — Recall of Elective Officers. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Chapter 8-5-5 now reads: If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. Chapter 8-5-5 Amended to read: If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them at least sixty-four (64) but not more than ninety (90) days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. Government Review Committee ARTICLE 55. PETITION THE LEGISLATURE — AMEND NORTH ANDOVER TOWN CHARTER— CHAPTER 8-SECTION 5-5—RECALL OF ELECTIVE OFFICERS. MOTION: MOVE TO ADOPT ARTICLE 55 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION PRESENTER: SUSAN HALTMAIER,CO-CHAIR,GRC PRESENTATION FORMAT: VERBAL NOTES: TOWN CLERK WILL EXPLAIN IF NEEDED. MR MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 71 Article 56. Petition the Legislature—Amend North Andover Town Charter— Chapter 9- Section 8-1—Limit on Spending. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to amend the Town Charter of the Town of North Andover as follows: Delete Chapter 9 Section 9-8-1 in its entirety which now reads: 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the Finance Committee. Government Review Committee ARTICLE 56. PETITION THE LEGISLATURE —AMEND NORTH ANDOVER TOWN CHARTER— CHAPTER 9- SECTION 8-1 —LIMIT ON SPENDING. MOTION: MOVE TO ADOPT ARTICLE 56 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: SUSAN HALTMAIER, CO-CHAIR, GRC MOTION PRESENTER: SUSAN HALTMAIER, CO-CHAIR, GRC PRESENTATION FORMAT: VERBAL NOTES: TOWN CLERK WILL EXPLAIN IF NEEDED. MR MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 72 Article 57. Petition the Legislature-Special Act to Allow the Option to Impose Fines for License Violations. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to enact a Home Rule petition that would allow the Licensing Commissioners of the Town of North Andover the option of imposing fines to license holders who violate rules and regulations; Board of Selectmen ARTICLE 57. PETITION THE LEGISLATURE-SPECIAL ACT TO ALLOW THE OPTION TO IMPOSE FINES FOR LICENSE VIOLATIONS. MOTION: MOVE TO ADOPT ARTICLE 57 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: SELECTMAN RICHARD A. NARDELLA,CHAIR,LICENSING COMMISSION MOTION PRESENTER: SELECTMANRICHARD A. NARDELLA,CHAIR,LICENSING COMMISSION PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR—PLEASE DO HAND COUNT IF NOT UNANIMOUS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2009 ANNUAL TOWN MEETING MOTION BOOK Page 73