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HomeMy WebLinkAboutFOR MAY 10,2010 BOS-DRAFT- 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 2009 ANNUAL TOWN REPORT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: THOMAS J. URBELIS-TOWN COUNSEL PRESENTATION FORMAT: RESPOND TO 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: 2010 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,BOS MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: RESPOND TO QUESTIONS 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: 2010 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,BOS MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: RESPOND TO QUESTIONS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 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; 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, BOS MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: RESPOND TO QUESTIONS ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 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 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 MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 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 Board of Selectmen ARTICLE 7. PRIOR YEARS UNPAID BILLS. MOTION: MOVE TO ADOPT ARTICLE 7 AS PRINTED IN THE WARRANT. BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTERS: MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***FOUR-FIFTHS (4/5) VOTE REQUIRED* VOTE: DATE: TIME: 2010 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 2010 ANNUAL TOWN MEETING MOTION BOOK Page 8 Revolving Fund Account Receipts and Expenditures FY09 Receipts Account Balance FY09 Expendit Balance thru Expenditures Number Revolving Fund 7/1/08 Receipts ures 06/30/09 03131110 thru 03131110 Balance 1 2031213 Youth and $ 275,329 $ 260,219 $ $ 295,219 $ 86,714 $ (229,358) $ 152,575 Recreation (240,328) Services Revolving 2 2031210 Field $ 16,458 $ 8,000 $ $ 14,268 $ 6,900 $ - $ 21,168 Maintenance (10,190) 3 Elder Services 2031217 -COA $ 627 $ 2,388 $ $ $ 9,945 $ $ 3,258 Revolving (605) 2,410 (9,097) 4 2031211 Health Dept $ 10,170 $ 25,048 $ $ 9,722 $ 27,301 $ $ 17,835 Revolving (25,495) (19,189) 5 2031204 Wheelabrator $ 58,343 $ 25,000 $ $ 57,308 $ 25,000 $ $ 69,869 Planning (26,035) (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 $ - $ $ 20,988 $ - $ $ Health (3,079) (2,000) 18,988 8 Health Dept- 2031207 Food Inspections $ 67,490 $ 22,065 $ $ 75,457 $ 21,235 $ $ 87,279 (14,098) (9,413) 9 Health Dept- 2031208 Septic $ 28,937 $ 11,150 $ $ 17,749 $ 7,309 $ $ Inspections (22,338) (10,383) 14,676 Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 9 ARTICLE 8. ESTABLISHMENT OF REVOLVING FUNDS. MOTION: MOVE TO "ADOPT ARTICLE 8 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 MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 10 Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K — Senior Work Program— Funding of $18,000. 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 in the amount of$18,000; 2010 ANNUAL TOWN MEETING MOTION BOOK Page 11 ARTICLE 9. CONTINUATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 59 SECTION 5K— SENIOR WORK PROGRAM—FUNDING OF $18,000. MOTION: MOVE TO ADOPT ARTICLE 9 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 12 Article 10. Petition the General Court — Age Exemption — Christopher M. Dufresne — Firefi2hter. To see if the Town will vote to Petition the General Court to enact Legislation so that Christopher M. Dufresne shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Christopher M. Dufresne shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws and regulations of the civil service commission and any lawful hiring practices for the Town of North Andover; Petition of Christopher M. Dufresne and others ARTICLE 10. PETITION THE GENERAL COURT — AGE EXEMPTION — CHRISTOPHER M. DUFRESNE—FIREFIGHTER. MOTION: MOVE TO ADOPT ARTICLE 10 AS PRINTED IN THE WARRANT.. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: CHRISTOPHER DUFRESNE, PETITIONER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: MR. MODERATOR; PLEASE TAKE HAND COUNT IF NOT UNANIMOUS. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 13 Article 11. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the 2009 Annual Town Meeting; MOTION: Move to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the May 13, 2009 Annual Town Meeting as follows Decrease General Government by $47,306 for a revised total of$2,670,482 Increase Public Safety by $113,023 for a revised total of$9,039,041 Decrease Education by $244,000 for a revised total of$36,517,749 Decrease Greater Lawrence Technical School by $1,686 for a revised total of$257,553 Decrease All Other Public Works by $37,603 for a revised total of$3,184,104 Increase Health and Human Services by $45,903 for a revised total of$942,729 Decrease Culture and Recreation by $3,567 for a revised total of$809,023 Increase Debt Service by $91,196 for a revised total of$6,648,052 Decrease Employee Benefits by $160,427 for a revised total of$10,359,073 Decrease Liability Insurance by $6,556 for a revised total of$294,085 Increase Capital and Reserves by $11,380 for a revised total of$131,380 For a Total Net Decrease of$239,643 and a Revised Total Appropriation of$71,554,173 And further to: Transfer from Special Revenue - GLSD $ 128,044 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION CONSENSUS BUDGET FINANCE COMMITTEE: FAVORABLE ACTION CONSENSUS BUDGET MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTERS: MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES, TOWN MANAGER\ PRESENTATION FORMAT: HANDOUT AND VERBAL PRESENTATION ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 14 Article 12. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting; Board of Selectmen ARTICLE 12. AMEND WATER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 12. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: TO TAKE NO ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 15 Article 13. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 19 Sewer Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting; Board of Selectmen ARTICLE 13. AMEND SEWER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010. MOTION: MOVE TO AMEND THE SEWER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010 AS FOLLOWS: INCREASE TOTAL APPROPRIATION IN AGGREGATE BY $ 181,919 , THAT FUNDS BE TRANSFERRED FROM RETAINED EARNINGS FOR A REVISED TOTAL APPROPRIATION OF $ 4,752,172. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 16 Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Board of Selectmen ARTICLE 14. AMEND STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010. MOTION: -MOVE TO "TAKE NO ACTION" ON ARTICLE 14. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO TAKE NO ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 17 Article 15. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted by: A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14, 2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an amount not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements". B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town Meeting, Article 24. Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 18 ARTICLE 15. AMEND CAPITAL IMPROVEMENT PLAN APPROPRIATIONS FROM PRIOR YEARS. MOTION: MOVE THAT PRIOR FISCAL YEAR'S CAPITAL IMPROVEMENT PLAN APPROPRIATIONS ARE HEREBY AMENDED AS FOLLOWS: A. UNEXPENDED BOND PROCEEDS IN THE AMOUNT OF $495,000 FROM THE FISCAL YEAR 2008 CAPITAL IMPROVEMENT PLAN VOTED AT THE MAY 14, 2007 ANNUAL TOWN MEETING UNDER ARTICLE 21, LINE 23, "WAVERLEY ROAD RELIEF SEWER MAIN" ARE HEREBY TRANSFERRED TO A NEW PROJECT "SUTTON STREET SEWER IMPROVEMENTS"; AND B. UNEXPENDED BOND PROCEEDS IN THE AMOUNT OF $164,000 FOR THE PRESCHOOL FACILITY VOTED AT THE MAY 13, 2008 ANNUAL TOWN MEETING UNDER ARTICLE 22 ARE HEREBY TRANSFERRED TO THE MODULAR SCHOOL BUILDINGS PROJECT VOTED UNDER THE FISCAL YEAR 2010 CAPITAL IMPROVEMENT PLAN, ARTICLE 24, LINE IA, AT THE MAY 12, 2009 ANNUAL TOWN MEETING. BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR,FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER-PART A CHRISTOPHER HOTTEL,SUPERINTENDENT=PART B PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 19 Article 16. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless Telecommunications Overlay District: ARTICLE 16. AMEND ZONING BYLAW SECTION 8.9 WIRELESS SERVICE FACILITIES. FULL TEXT OF THIS BYLAW ON PAGES 26-44 OF THE FINANCE COMMITTEE REPORT. MOTION: MOVE TO ADOPT ARTICLE 16 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN BOS MOTION PRESENTER: THOMAS J. URBELIS,TOWN COUNSEL JOHN SIMONS,CHAIR,PLANNING BOARD PRESENTATION FORMAT: POWERPOINT NOTES: ***TWO-THIRD (2/3)VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 20 Article 17. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to the list of designated districts within the bylaw. Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown as underlined Wireless Telecommunications Overlay District Board of Selectmen ARTICLE 17. AMEND ZONING BYLAW — SECTION 3 ZONING DISTRICTS AND BOUNDARIES, SUBSECTION 3.1 ESTABLISHMENT OF DISTRICTS. MOTION: MOVE TO ADOPT ARTICLE 17 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: INCLUDE MAP ON FILE IN THE TOWN CLERK'S OFFICE AS PART OF THE VOTE. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIR, BOS MOTION PRESENTER: THOMAS J. URBELIS, TOWN COUNSEL PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 21 Article 18 . Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the Town will vote to amend the Zoning Bylaws by inserting the following language: "Drive—thru restaurants shall be permitted within the CDD1 zone provided they are located more than 250 feet from the R6 zoned district." The purpose of this article is to promote the Town's stated public policy goal of increasing North Andover's commercial tax base along Route 114by encouraging the highest and best use of those properties pursuant to Massachusetts General Law. This commercial revenue will benefit the schools, police, fire, and public works departments of the Town without increasing residential property taxes. This article also restores a business use to the impacted properties on Route 114 that was previously approved at town meeting by the citizens of North Andover. Petition of Scott Hajjar and others ARTICLE 18 . AMEND SECTION 16.2 OF THE TOWN OF NORTH ANDOVER ZONING BYLAWS MOTION: PETITIONER TO DRAFT MOTION. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION READER: SCOTT HAJJAR, PETITIONER MOTION PRESENTER: SCOTT HAJJAR, PETITIONER PRESENTATION FORMAT: NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 22 Article 19. Approve Collective Bargaining Agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035. To see if the Town will vote to approve a collective bargaining agreement, as a result of a Joint Labor Management Committee (JLMC) arbitration award, between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035, for the period of July 1, 2008 through June 30, 2012. Board of Selectmen ARTICLE 19. APPROVE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), LOCAL 2035. MOTION: MOVE THAT THE TOWN MEETING VOTE TO APPROVE THE FUNDING OF THE ECONOMIC TERMS AWARDED BY AN ARBITRATION PANEL OF THE JOINT LABOR MANAGEMENT COMMITTEE, IN CASE NO. JLMC 09-13F, SPECIFICALLY: (A) WAGE INCREASES OF 0% EFFECTIVE JULY 1, 2008; 0% EFFECTIVE JULY 1, 2009; 1.5% EFFECTIVE JULY 1, 2010; AND 2.5% EFFECTIVE JULY 1, 2011. (B) NIGHT SHIFT DIFFERENTIAL INCREASES FROM 2% TO 3.5% EFFECTIVE JULY 1, 2011; AND FROM 3.5% TO 3.75% EFFECTIVE JUNE 30, 2012. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: MARK H. BEES, TOWN MANAGER— PRESENTATION FORMAT: RESPOND TO QUESTIONS ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 23 Article 20. General Fund Appropriation Fiscal Year 2011. 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, 2010 and ending June 30, 2011; ARTICLE 20. GENERAL FUND APPROPRIATION FISCAL YEAR 2011. MOTION: MOTION: MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2011 FULL TEXT OF ARTICLE ON PAGES 47-51 OF THE FINANCE COMMITTEE REPORT. GENERAL FUND AS FOLLOWS: GENERAL GOVERNMENT 2,228,769 PUBLIC SAFETY 8,882,536 NA SCHOOL 36,984,521 SNOW AND ICE REMOVAL 740,086 ALL OTHER PUBLIC WORKS 3,170,216 HEALTH AND HUMAN SERV ICES 942,151 CULTURE AND RECREATION 827,510 SUPPORT SERVICES 1,048,193 DEBT SERVICE 6,912,660 EMPLOYEE BENEFITS 12,335,378 LIABILITY INSURANCE 300,641 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESERVE 100,000 GREATER LAWRENCE TECHNICAL SCHOOL 362,832 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF $74,836,393 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD $ 131,245 FROM SPECIAL REVENUE - COMMUITY PROGRAMS $ 64,635 $ 195,880 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION=CONSENSUS FINANCE COMMITTEE: FAVORABLE ACTION=CONSENSUS MOTION READER: MARK RODGERS,CHAIR,FINANCE COMMITTEE 2010 ANNUAL TOWN MEETING MOTION BOOK Page 24 MOTION PRESENTER: MARK RODGERS,CHAIR,FINANCE COMMITTEE MARK H. REES, TOWN MANAGER TRACY M. WATSON, CHAIRMAN,BOS STAN LIMPERT,CHAIRMAN,SCHOOL COMMITTEE CHRISTOPHER HOTTEL, SUPERINTENDENT PRESENTATION FORMAT: POWERPOINT ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 25 Article 21. Water Enterprise Fund Appropriation-Fiscal Year 2011. 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, 2010 and ending June 30, 2011; WATER ENTERPRISE FYI Recommendation Town Manager Board of Selectmen Finance FY10 Department Committee Personnel 785,092 623,494 623,494 Expense 1,374,411 1,400,465 1,300,465 Debt Service 2,686,211 2,791,277 2,791,277 Sub-Total Direct Expenditures 4,845,714 4,815,236 4,715,236 Admin/Indirect 623,712 658,016 658,016 Total Water Enterprise 5,469,426 5,473,252 5,373,252 Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 26 ARTICLE 21. WATER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2011 MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $5,373,252 IN AGGREGATE, FOR THE PURPOSE LISTED UNDER COLUMN "FY11 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE WATER ENTERPRISE FUND, THAT $5,373,252 BE RAISED FROM WATER RECEIPTS AND FROM THESE RECEIPTS $658,016 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIRMAN,FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 27 Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. 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, 2010 and ending June 30, 2011; SEWER ENTERPRISE FUND FYI Recommendation Town Manager FY10 Department Board of Selectmen Budget Request Finance Committee Personnel 394,887 560,473 560,473 Expense 282,450 329,201 300,201 GLSD Assessment 1,367,010 1,642,900 1,642,900 Settlement 56,000 56,000 56,000 Debt Service 2,086,123 2,068,082 2,068,082 Sub-Total Direct Expenditures 4,186,470 4,656,656 4,627,656 Admin/Indirect 383,783 422,161 422,161 Total Sewer Enterprise 4,570,253 5,078,817 5,049,817 Or to take any other action relative thereto. Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 28 ARTICLE 22. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2011. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $5,049,817 IN AGGREGATE, FOR THE PURPOSE LISTED UNDER THE COLUMN "FY11 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE SEWER ENTERPRISE FUND, THAT $5,049,817 BE RAISED FROM SEWER RECEIPTS AND FROM THESE RECEIPTS $422,161 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER- PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 29 Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2011. 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, 2010 and ending June 30, 2011; STEVENSESTATE AT OSGOOD HILL ENTERPRISE FY11 FY11 FY10 Department Recommendation Budget Request Town Manager Board of Selectment Finance Committee Personnel 102,930 103,372 103,282 Expense 138,557 143,352 143,442 Debt Service 0 0 0 Sub-Total Direct Expenditures 241,487 246,724 246,724 Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate Enterprise 287,947 293,184 293,184 Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 30 ARTICLE 23. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION - FISCAL YEAR 2011. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $293,184 LISTED UNDER THE COLUMN "FY11 RECOMMENDED: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" AND TO OPERATE THE STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND THAT $293,184 BE RAISED FROM STEVENS ESTATE AT OSGOOD HILL FUND AND FROM THESE RECEIPTS $46,460 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 31 Article 24. Amend General Bylaws Chapter 44 Public Meetings, Section 1 Televising of Land Use Board Meetings. To see if the Town will vote to change the title of Section 44.1 of the General Bylaws, and add the Board of Selectmen and Finance Committee to those boards whose meetings are to be televised. Chapter 44, Section 1, is to be amended by removing the text shown as stricken, and adding the text shown as underlined § 44-1 Televising of use Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Board of Selectmen and Finance Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room. All such meetings shall have posted agendas of discussion items and application names in the Town Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time. If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health,ev Conservation Commission, Board of Selectmen or Finance Committee. Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 32 ARTICLE 24. AMEND GENERAL BYLAWS CHAPTER 44 PUBLIC MEETINGS, SECTION 1 TELEVISING OF LAND USE BOARD MEETINGS. MOTION: MOVE TO ADOPT ARTICLE 24 AS WRITTEN IN THE WARRANT WITH THE FOLLOWING CHANGE: ADD THE PHRASE "OR OTHER LOCATIONS AS DETERMINED BY THE TOWN MANAGER OR THE TOWN MANAGER'S DESIGNEE" AT THE END OF THE SECOND SENTENCE. " RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN, BOS MOTION PRESENTER: TRACY M. WATSON,CHAIRMAN, BOS PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 33 Article 25. Procedure for Funding of Collective Bargaining Agreements. To see if the Town will vote to instruct the North Andover Finance Committee and Board of Selectmen to add a warrant article to every annual town meeting which will enable town meeting to approve or disapprove the funding of collective bargaining as required and specified under Massachusetts General Laws Chapter 150E, Section 7 (b); Petition of Peter Besen and others ARTICLE 25. PROCEDURE FOR FUNDING OF COLLECTIVE BARGAINING AGREEMENTS. MOTION: PETITIONER TO DRAFT MOTION RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: PETER BESEN,PETITIONER MOTION PRESENTER: PETER BESEN,PETITIONER PRESENTATION FORMAT: NOTES: WAITING FOR LABOR COUNSEL ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 34 Article 26. Change Annual Town Meeting to Saturday. To see if the Town will vote to change Annual Town Meeting from being held on a weekday evening(s) schedule to an all day Saturday schedule. The purpose of this article is to encourage increased town-wide citizen participation among registered voters who wish to exercise their civic duty to the town and its future. A Saturday schedule will allow for better child care options for parents who wish to attend more flexibility of attendance , provide safer daylight driving conditions for seniors, allow less conflict with voter work schedules, limit the meeting to only one day (start to finish) and provide new opportunities for community fundraising, educational events and community celebration to occur simultaneously; Petition of Steven Tryder and others ARTICLE 26. CHANGE ANNUAL TOWN MEETING TO SATURDAY. MOTION: PETITIONER TO DRAFT MOTION. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION READER: STEVEN TRYDER,PETITIONER MOTION PRESENTER: STEVEN TRYDER,PETITIONER TRACY M. WATSON,CHAIRMAN ,BOS PRESENTATION FORMAT: NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 35 Article 27. Election of Planning Board Members. To see if the Town will vote to amend Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of the town. The Planning Board shall consist of five members and shall be elected at large for three-year overlapping terms. The purpose of this article is to allow the Planning Board to be elected by vote of the town, thereby promoting greater citizen participation and transparency in decision making processes that are important to the town's future growth and development. An elected Planning Board is consistent with the majority of towns within the Commonwealth that have the same town meeting form of government as North Andover where 70% of such communities elect their planning boards according to Massachusetts Municipal Association. Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and objectively represented and in keeping with government by its citizens and for its citizens; Petition of Alan Swahn and others 2010 ANNUAL TOWN MEETING MOTION BOOK Page 36 ARTICLE 27. ELECTION OF PLANNING BOARD MEMBERS. MOTION: PETITIONER TO DRAFT MOTION/ RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION READER: ALAN SWAHN,PETITIONER MOTION PRESENTER: ALAN SWAHN,PETITIONER PRESENTATION FORMAT: NOTES: IF MOVED AS PETITION OF THE LEGISLATUREXLEASE DO HAND COUNT IF NOT UNANUIMOUS. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 37 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011. 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 2011 as detailed below, provided ;hat, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the own of North Andover, for any capital project in excess of$500,000 or any other appropriation, he Town may, by vote of the Town Meeting, have the following condition added to it: "provided hat this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 .ebt exclusion referendum under General Laws Chapter 59, Section 21C(k)": Fiscal Year 2011 CIP Recommendations: Town Manager's Line # Proiect Description Fund Code Recommendations 1 Roadway Improvements B/N-G $ 380,000 2 Sidewalk Reconstruction B/N-G $ 50,000 3 Senior Center Roof Replacement B/N-G $ 26,000 4 Facilities Master Plan B/N-G $ 150,000 5 Police Station Equipment B/N-G $ 405,000 6 School IT Network Equipment B/N-G $ 863,000 7 Revenue Billing System B/N-G $ 90,000 8 Middle School Roof Replacement B/N-G $ 310,000 9 Body Armor Replacement B/N-G $ 40,000 10 Fire Department Radio Equipment B/N-G $ 432,000 11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000 12 Fire Sprinkler Sys. Kittredge School B/N-G $ 450,000 General Fund Total $ 392519000 13 Meter Replacement B/N-W $ 450,000 Water Enterprise Fund Total $ 4509000 B/N-S $ - R/A-S $ - Sewer Enterprise Fund Total $ - * Fund Codes spelled out below 2010 ANNUAL TOWN MEETING MOTION BOOK Page 38 Funding Recommendation Code Totals Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate -Water Enterprise R&A-W $ - Raise and Appropriate - Sewer Enterprise R&A-S $ - Bonds/Notes - General Fund B/N-G $ 3,251,000 Bonds/Notes - Water Enterprise B/N-W $ 450,000 Bonds/Notes - Sewer Enterprise B/N-S $ - Total All Capital Projects $ 3,701,000 Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 39 MOTION: MOVE TO FUND THE TOWN CAPITAL IMPROVEMENT PROGRAM AS PRINTED UNDER ARTICLE 28 OF THE WARRANT FOR THE 2010 ANNUAL TOWN MEETING UNDER THE HEADING "FYIICIP RECOMMENDATIONS" WITH THE FOLLOWING AMENDMENT: DELETE LINE #8 "MIDDLE SCHOOL ROOF REPLACEMENT", FUND CODE B/N-G, $310,000 AND TO APPROPRIATE $3,391,000 FOR THE LISTED PROJECTS IN THE AMOUNTS AS FOLLOWS: FY11 CIP Recommendations Line # Project Description Fund Code Board of Selectmen/Town Manager Recommendations 1 Roadway Improvements B/N-G $ 380,000 2 Sidewalk Reconstruction B/N-G $ 50,000 3 Senior Center Roof Replacement B/N-G$ 26,000 4 Facilities Master Plan B/N-G $ 150,000 5 Police Station Equipment B/N-G $ 405,000 6 School IT Network Equipment B/N-G$ 863,000 7 Revenue Billing System B/N-G $ 90,000 9 Body Armor Replacement B/N-G $ 40,000 10 Fire Department Radio EquipmentB/N-G $ 432,000 11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000 12 Fire Sprinkler Syst. Kittredge Sch.B/N-G $ 450,000 General Fund Total $ 2,941,000 13 Meter Replacement B/N-W $ 450,000 Water Enterprise Fund Total $ 450,000 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 Raise and Appropriate - Sewer Enterprise R&A-S Bonds/Notes - General Fund B/N-G $ 2,941,000 Bonds/Notes -Water Enterprise B/N-W $ 450,000 Total All Capital Projects $ 3,391,000 2010 ANNUAL TOWN MEETING MOTION BOOK Page 40 THAT TO MEET THIS APPROPRIATION: (1) THE TREASURER WITH THE APPROVAL OF THE BOARD OF SELECTMEN IS AUTHORIZED TO BORROW $2,941,000 UNDER CHAPTER 44 OF THE MASSACHUSETTS GENERAL LAWS, AND (2) THE TREASURER WITH THE APPROVAL OF THE BOARD OF SELECTMEN IS AUTHORIZED TO BORROW $450,000 UNDER CHAPTER 44 OF THE MASSACHUSETTS GENERAL LAWS, AND THAT WHILE SUCH $450,000 BONDS OR NOTES SHALL BE GENERAL OBLIGATIONS OF THE TOWN, IT IS THE INTENT OF THE TOWN THAT SUCH $450,000 BONDS OR NOTES BE PAID BY AMOUNTS IN THE WATER ENTERPRISE FUND. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION 1,2,3,4,5,67,9,10,11,12,13 FINANCE COMMITTEE: FAVORABLE ACTION 1,2,3,4,5,6($863,000),7,9,10,11,12,13 PLANNING BOARD: FAVORABLE ACTION 1,2,13 MOTION READER: MARK RODGERS,CHAIRMAN,FINANCE COMMITTEE MOTION PRESENTER: BRUCE THIBODEAU,1,2,3,11,13 MARK H. REES,4 RICHARD M. STANLEY,5,9 WILLIAM MARTINEAU,10 MATT KILLEN,6,7 CHRISTOPHER HOTTEL,12 PRESENTATION FORMAT: RESPOND TO QUESTIONS ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 41 Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; List of Appropriations— Community Preservation Fund Description Amount Category Town Common: Scenic $450,000 Historical Preservation restoration; underground utilities Ridgewood Cemetery: $70,150 Historical Preservation Restoration of gates, Veteran's lot, grave markers and landscapes Phase II Stevens Library: $50,000 Historical Preservation Restoration of main walkway Main Street Fire House: $22,500 Historical Preservation Refurbishment of building infrastructure Phase II Hay Scales Building $7,695 Historical Preservation (Town Common);Building Restoration (Phase 11) Reserve for future $182,400 Affordable Housing expenditures Principal and Interest $650,000 Open Space Protection expenses: Windrush Farm Rolling Ridge: Purchase of $600,000 Open Space Protection conservation restriction, public trail access and parking area Windrush Farm: Parking $15,000 Open Space Protection area Administrative Costs $30,000 Administrative and O eratin g Expenses Total Appropriations $2,077,745 Community Preservation Committee 2010 ANNUAL TOWN MEETING MOTION BOOK Page 42 ARTICLE 29. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND. MOTION: MOVE TO ACCEPT THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND TO APPROPRIATE FROM THE COMMUNITY PRESERVATION FUND IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAW 44B FUNDING FOR THE FOLLOWING PURPOSES: List of Appropriations— Community Preservation Fund Description Amount Category Town Common: Scenic $450,000 Historical Preservation restoration; underground utilities Ridgewood Cemetery: $70,150 Historical Preservation Restoration of gates, Veteran's lot, grave markers and landscapes (Phase 11) Stevens Library: $50,000 Historical Preservation Restoration of main walkway Main Street Fire House: $22,500 Historical Preservation Refurbishment of building infrastructure (Phase 11) Hay Scales Building $7,695 Historical Preservation (Town Common);Building Restoration Phase II Reserve for future $182,400 Affordable Housing expenditures Principal and Interest $650,000 Open Space Protection expenses: Windrush Farm Rolling Ridge: Purchase of $600,000 Open Space Protection conservation restriction, public trail access and parking area Windrush Farm: Parking $15,000 Open Space Protection area Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $2,077,745 2010 ANNUAL TOWN MEETING MOTION BOOK Page 43 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: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 44 Article 30. Acceptance of Massachusetts General Laws- Chapter 32B,Section 20. An Act Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In Municipalities And Certain Other Governmental Units. To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 32B, Section 20; Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 45 ARTICLE 30. ACCEPTANCE OF MASSACHUSETTS GENERAL LAWS- CHAPTER 32B,SECTION 20. AN ACT PROVIDING FOR THE ESTABLISHMENT OF OTHER POST EMPLOYMENT BENEFITS LIABILITY TRUST FUNDS IN MUNICIPALITIES AND CERTAIN OTHER GOVERNMENTAL UNITS. MOTION: MOVE TO ACCEPT THE PROVISIONS OF MASSACHUSETTS GENERAL LAW CHAPTER 32B, SECTION 20, "AN ACT PROVIDING FOR THE ESTABLISHMENT OF OTHER POST EMPLOYMENT LIABILITY TRUST FUNDS IN MUNICIPALITIES AND CERTAIN OTHER GOVERNMENTAL UNITS". RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 46 Article 31. Amend Zoning Bylaw -- Section 6 Signs and Outdoor Lighting Regulations, Subsection 6.3.21 Definitions — Sign Size (Area). To see if the Town will vote to replace the current definition of Sign Size (Area) with a revised description. Section 6, Subsection 63.21, is to be amended by removing the text shown as stricken, and adding the text shown as underlined 6.3 Definitions 11. Sign Size (Area) - The surfaee area of any sign is the entire area within a single eontinuous perimeter enelosing the extreme limits of lettering, representation-, emblems, or other figures, together with any material or eolor forming an integ part of the display or used to differentinte the sign &om the baeliground agn (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. Inspector of Buildings 2010 ANNUAL TOWN MEETING MOTION BOOK Page 47 ARTICLE 31. AMEND ZONING BYLAW -- SECTION 6 SIGNS AND OUTDOOR LIGHTING REGULATIONS, SUBSECTION 6.3.21 DEFINITIONS — SIGN SIZE (AREA). MOTION: MOVE TO ADOPT ARTICLE 31 AS PRINTED IN THE WARRANT RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS,CHAIR,PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 48 Article 32. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the underlined words as follows: 5.1 General 1. Excavation, removal, stripping, or mining of any earth material except as hefei aft°r wed on any parcel of land, public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to Development, Construction or Improvements: and Section 5.6 Miscellaneous Removal of Earth. Inspector of Buildings ARTICLE 32. AMEND ZONING BYLAW SECTION 5.1.1-EARTH REMOVAL. MOTION: MOVE TO ADOPT ARTICLE 32 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN L. SIMONS, CHAIRMAN MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 49 Article 33. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and adding Sections 7.31, 7.32 and 7.33 as follows: 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District, where the setback from the side street shall be twenty (20) feet minimum. X7.31 —Proiections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. §7.32—Proiections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. X7.33—Proiections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. Inspector of Buildings 2010 ANNUAL TOWN MEETING MOTION BOOK Page 50 ARTICLE 33. AMEND ZONING BYLAW-SECTION 7.3 - SETBACKS. MOTION: MOVE TO ADOPT ARTICLE 33 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS,CHAIR,PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 51 Article 34. Amend North Andover Zoning Bylaw — Section 4.121 Residence 1, 2 and 3. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to allow professional offices in an existing structure on municipally owned property within the R-2 District containing a minimum of 50 acres. Amend Section 4.121 by adding the underlined language to read as follows: 4.121 Residence 1 District Residence 2 District Residence 3 District 21. Professional offices in an existing structure located on municipally owned property within the R-2 District containing a minimum of fifty (50) acres. Board of Selectmen ARTICLE 34. AMEND NORTH ANDOVER ZONING BYLAW — SECTION 4.121 RESIDENCE 1, 2 AND 3 MOTION: MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: KEVIN WILLOE, CHAIRMAN,STEVENS ESTATE BOARD MOTION PRESENTER: KEVIN WILLOE, CHAIRMAN,STEVENS ESTATE BOARD PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 52 Article 35. Amend General Bylaws Chapter 127 Junk Dealers. To see if the Town will vote to change the title of Chapter 127 to include dealers of Secondhand Precious Metals or Gems, and to add new sections, 127-2,3,and 4, to regulate purchasing transactions. Chapter 127, Title and Sections 2, 3, and 4 are to be amended by adding the text shown as underlinetL Chapter 127 JUNK DEALERS /DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS 127-2 Purchases: a. All purchases by persons licensed under this provision shall be recorded in a bound book in which shall be plainly written at the time of purchase, name address, age, date, time and description of items purchased and signature of persons selling items. Positive photo identification from everyone selling any item must be shown. There shall be no purchase from a minor. All purchases of precious metals shall be made on licensed premises only. A report shall be filed with the Chief of Police on the forms provided by him of all purchases made that day. b. There shall be a fifteen-day holding period within the town or a place designated by the Chief of Police, for all items purchased. All items purchased shall be made available for inspection by the Police Department, T own Manager or his designee. No item shall be altered during the fifteen-day holding period. If purchasing from other dealers, the licensee shall maintain the same records and same book for the same period as previously stated. (State law reference M.G.L.Ch266, §142) c. 127-3 Weights and Measures and Scales The weight to be used and the type of scale to be used by a person licensed pursuant to the provisions of this bylaw shall be described by the town sealer of weights and measures. The purchaser shall put the current market price at the weight at which they are buying. The licensee must present with his application for a license, a certificate from the sealer of weights and measures and scales have been properly sealed. The applicant must notify the Police Department of the name of the firms to whom he sells his precious metals and if there are any changes the Police Department shall be so notified. d. 127-4 Hours of Operation 2010 ANNUAL TOWN MEETING MOTION BOOK Page 53 The hours of operation of a person licensed pursuant to the provisions of this bylaw shall be from the time of 9:00 a.m. to 9:00 p.m., except that the premises shall be closed on Sunday. Town Clerk ARTICLE 35. AMEND GENERAL BYLAWS CHAPTER 127 JUNK DEALERS. MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: JOYCE A. BRADSHAW,TOWN CLERK MOTION PRESENTER: JOYCE A. BRADSHAW,TOWN CLERK PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 54 Article 36. Add New General Bylaw Chapter 113 - Fortune Tellers. To see if the Town will vote to add a new chapter, Chapter 113 to the General Bylaws to regulate the licensing of Fortune Tellers. Chapter 113 is to be added by inserting the text shown as underlined CHAPTER 113 FORTUNE TELLERS 113-1 Definition Any person going under the title of fortune teller, reader, adviser or seer, medium, healer or spiritualist, palm reader, card reader or physic shall be deemed a fortune teller, for the purpose of this bylaw 113-2 License Required— Qualifications of Applicant It shall be unlawful for any person to engage in the business of fortune teller without first obtaining a license for the Licensing Commission. Application for licenses shall be made on forms to be provided by the license commission and shall include the applicant's complete identification, signature and proposed method of operation. A statement shall be submitted with any application from the Criminal History Systems Board pursuant to the Criminal Record Information Act setting forth the criminal record, if any, of the applicant. 113-3 Fee— Transferability The fee for each license granted under this section shall be $50.00 dollars ($50.00) annually and the license shall not be transferred or assigned 113-4 Revocation The License Commission may revoke such license because of any violations of this bylaw or any other town bylaw. 113-5 Fines for Failure to Procure Whoever engages in fortune telling for money, unless licenses under this bylaw, shall be subiect to a fine of one hundred dollars ($100.00). Fines will be enforced by non- criminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D. Town Clerk 2010 ANNUAL TOWN MEETING MOTION BOOK Page 55 ARTICLE 36. ADD NEW GENERAL BYLAW CHAPTER 113 - FORTUNE TELLERS. MOTION: MOVE TO ADOPT ARTICLE 36 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: 113-1 REPLACE PHYSIC WITH PSYCHIC.. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: JOYCE A. BRADSHAW,TOWN CLERK MOTION PRESENTER: JOYCE A. BRADSHAW,TOWN CLERK PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: Article 37. Amend Zoning Bylaw — Section 4 Buildings and Uses Permitted, Subsection 4.133.11 Industrial 2 District. To see if the Town will vote to allow alternative energy uses as- of-right within light industrial uses permitted in the Industrial-2 district. . Section 4, Subsection 4.123.11, is to be amended by adding the text shown as underlined 4.133 Industrial 2 District 11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, 2010 ANNUAL TOWN MEETING MOTION BOOK Page 56 noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Board of Selectmen ARTICLE 37. AMEND ZONING BYLAW — SECTION 4 BUILDINGS AND USES PERMITTED, SUBSECTION 4.133.11 INDUSTRIAL 2 DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 37 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION READER: TINA KLEIN, SUSTAINABILITY COMMITTEE MOTION PRESENTER: TINA KLEIN, SUSTAINABILITY COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 57 Article 38. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the correct flood maps and Building Code reference. Amend Section 4.137 by adding the underlined language and by removing the text shown as stricken to read as follows: 4.137 Floodplain District 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR 120,Seetior. 3 "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEAT A Fl,.,.a Boundary & Floodway Alap dated june 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building and Conservation Commission. 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G 3107.0 "Flood Resistant Construction"); Division of Community Development 2010 ANNUAL TOWN MEETING MOTION BOOK Page 58 ARTICLE 38. AMEND NORTH ANDOVER ZONING BYLAW — SECTION 4.137 FLOODPLAIN DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS,CHAIR,PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 59 Article 39. Amend General Bylaws - Chapter 45 Public Safety, Chiefs of Police and Fire Departments, Section 45-3 Appointment Process. To see if the Town will vote to allow use of previous assessment center test results in the selection process of a Chief. Chapter 45, Section 3, is to be amended by adding the text shown as underlined § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and • Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. In the event that a Fire Chief or Police Chief chosen pursuant to this section shall retire, resign, or otherwise terminate employment as the Chief within three years after appointment, the Board of Selectmen may use the results of the assessment center selection process that was used in selecting the Chief in selecting a replacement Chief, provided all candidates who apply to replace the Chief participated in that assessment center selection process. Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 60 ARTICLE 39. AMEND GENERAL BYLAWS - CHAPTER 45 PUBLIC SAFETY, CHIEFS OF POLICE AND FIRE DEPARTMENTS, SECTION 45-3 APPOINTMENT PROCESS. MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: TRACY M. WATSON,CHAIRMAN,BOS PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 61 Article 40. Amend General Bylaws -- Chapter 28 Housing Trust Fund, Section 5C Powers of Trustees. To see if the Town will vote to remove Town Meeting approval as a requirement for selling or leasing of real estate property by the Housing Trust Fund. Chapter 28, Section 5C, is to be amended by removing the text shown as stricken. CHAPTER 28 - HOUSING TRUST FUND § 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: C. With the approval of the Board of Selectmen and Town Aleeting, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; Board of Selectmen ARTICLE 40. AMEND GENERAL BYLAWS -- CHAPTER 28 HOUSING TRUST FUND, SECTION 5C POWERS OF TRUSTEES. MOTION: MOVE TO ADOPT ARTICLE 40 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION READER: GEORGE KOEHLER,HOUSING COMMITTEE MOTION PRESENTER: GEORGE KOEHLER,HOUSING COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 62 Article 41. Petition the Legislature - Change the Structure of Essex Regional Retirement Board. To see if the Town will agree to endorse a state legislative petition to make certain reforms to the Essex Regional Retirement Board, including a bar on the same person serving as chairman of the board and chief executive officer , and including such other reforms as the legislature deems necessary to restore sound and prudent management of the board; Board of Selectmen ARTICLE 41. PETITION THE LEGISLATURE - CHANGE THE STRUCTURE OF ESSEX REGIONAL RETIREMENT BOARD. MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 63 2010 ANNUAL TOWN MEETING MOTION BOOK Page 64