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HomeMy WebLinkAboutMAY 10,2010 ANNUAL TOWN MEETING MINUTES FOR 2010 TOWN REPORT ANNUAL TOWN MEETING MINUTES MAY 11, 2010 Town Moderator Charles A. Salisbury called the 2010 Annual Town Meeting to order at 7:15PM in the Auditorium of the North Andover High School 430 Osgood Street North Andover Massachusetts on Tuesday May 11, 2010. The Pledge of Allegiance was led by Town Moderator Charles A. Salisbury. The Reverend Larry Peacock of the Rolling Ridge Conference Center gave the invocation Moderator Salisbury introduced Town Meeting Boards and participants. There are 17,402 registered voters qualified to vote at this meeting. There is no quorum requirement for any Annual or Special Town Meeting as established by Article 14 of the 1999 Annual Town Meeting under Article 14 and approved by the Attorney General on July 27, 1999. The Town Moderator explained the voting procedure using raised cards for voting and the implementation of the bylaw allowing votes to be declared by the Moderator for issues requiring a two-thirds vote at each session. Check in lists showed a total 426 voters present at the May 11, 2010 Meeting. A motion was made by Tracy M. Watson, 9 William Street, Chairman of the Board of Selectmen, seconded by Daniel P. Lanen, 111 Marian Drive, to dispense with the reading of the warrant, and with the reading of the constable's return of service of that warrant and further moved that the moderator not be required to read articles of the warrant verbatim, but be allowed to refer to articles by number and by subject matter. Motion unanimously approved. The 2010 Annual Town Meeting adjourned on Tuesday May 11, 2010 having Articles 1 — 15 voted with a vote to reconsider all articles denied. The meeting adjourned by unanimous vote at 11:14PM to reconvene on Wednesday May 12, 2010 at 7:OOPM in the North Andover High School Auditorium. The meeting on Wednesday May 12, 2010 was called to order by Town Moderator Charles A. Salisbury at 7:1OPM. A total of 242 voters were present to open the meeting. Town Moderator Charles A. Salisbury called the meeting to order at 7:05PM. The 2010 Annual Town Meeting for the Town of North Andover dissolved by a Unanimous Vote at 11:02 PM on Wednesday May 12, 2010 with all articles voted. Article 1. Reports of Special Committees. Unanimously voted to "take no action" on Article 1 —No reports of Special Committees. VOTED MAY 11, 2010 Article 2. Reports of Receipts and Expenditures. Unanimously voted to accept the reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town Report. VOTED MAY 11, 2010 Article 3. Authorization of the Town Manager or Superintendent of Schools Re2ardin2 Contracts in Excess of Three Years. Unanimously voted in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the 1 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. VOTED MAY 11, 2010 Article 4. Authorization to Accept Grants of Easements. Unanimously voted 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. VOTED MAY 11, 2010 Article 5. Authorization to Grant Easements. Unanimously voted 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. VOTED MAY 11, 2010 Article 6. Compensation of Elected Officials. Unanimously voted 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 VOTED MAY 11, 2010 Article 7. Prior Years Unpaid Bills. Unanimously voted 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 2 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 VOTED MAY 11, 2010 Article 8. Establishment of Revolving Funds. Unanimously voted 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 3 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 4 Revolving ,Fdhd Account Receipts and.Expendituress Account FY09 FY09 Balance Receipts thru Expenditures Number Revolving Fund Balance 7/1/08 Receipts Expenditures 06/30/09 03131110 thru 03131110 Balance 1 2031213 Youth and Recreation $ 275,329 $ 260,219 $ (240,328) $ 295,219 $ 86,714 $ (229,358) $ 152,575 Services Revolving 2 2031210 Field Maintenance $ 16,458 $ 8,000 $ (10,190) $ 14,268 $ 6,900 $ $ 21,168 3 Elder Services 2031217 -COA Revolving $ 627 $ 2,388 $ (605) $ 2,410 $ 9,945 $ (9,097) $ 3,258 4 2031211 Health Dept Revolving $ 10,170 $ 25,048 $ (25,495) $ 9,722 $ 27,301 $ (19,189) $ 17,835 5 2031204 Wheelabrator Planning $ 58,343 $ 25,000 $ (26,035) $ 57,308 $ 25,000 $ (12,438) $ 69,869 6 Wheelabrator Public 2031205 Safety $ 69,799 $ 12,500 $ (23,971) $ 58,328 $ 15,700 $ (5,704) $ 68,324 7 2031206 Wheelabrator-Health $ 24,067 $ $ (3,079) $ 20,988 $ $ (2,000) $ 18,988 8 Health Dept-Food 2031207 Inspections $ 67,490 $ 22,065 $ (14,098) $ 75,457 $ 21,235 $ (9,413) $ 87,279 9 Health Dept-Septic 2031208 Inspections $ 28,937 $ 11,150 $ (22,338) $ 17,749 $ 7,309 $ (10,383) $ 14,676 VOTED MAY 11, 2010 Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K- Senior Work Program - Funding of $18,000. Unanimously voted 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. VOTED MAY 11, 2010 Article 10. Petition the General Court - Age Exemption - Christopher M. Dufresne - Firermhter. Voted 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. VOTED MAY 11, 2010 YES 263 NO 3 5 Article 11. Amend General Fund Appropriation For Fiscal Year 2010. Unanimously voted 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 VOTED MAY 11, 2010 Article 12. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. Unanimous Vote to "Take No Action" to amend the vote taken on Article 18 Water Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting. VOTED MAY 11, 2010 Article 13. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. Unanimously voted 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. VOTED MAY 11, 2010 Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. Unanimously voted to "Take No Action" 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. VOTED MAY 11, 2010 6 Article 15. Amend Capital Improvement Plan Appropriations from Prior Years. Voted by 2/3 (Two-Third) Vote declared by the Moderator 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 la, at the May 12, 2009 Annual Town Meeting. VOTED MAY 11, 2010 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: (Full Text Available in the Office of the Town Clerk) Article 16 Defeated May 11, 2010 Yes 112 No 95 Lack of 2/3 Vote Article 17. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts. Unanimously voted to "Take No Action" 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 VOTED MAY 11, 2010 Article 18 . Amend Section 16.2 of the Town of North Andover Zoning Bylaws. Voted 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." Article 18 Defeated as Moved—May 12, 2010 VOTE YES 99 NO 110 Article 19. Approve Collective Bargaining Agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035. Voted by Majority Vote that the Town Meeting 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: 7 (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. VOTED MAY 11, 2010 8 Article 20. General Fund Appropriation Fiscal Year 2011. Majority Vote to raise and appropriate FUNDS FOR THE Fiscal Year 2011 as follows: 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 VOTED MAY 11, 2010 47 Article 21. Water Enterprise Fund Appropriation-Fiscal Year 2011. Unanimously Voted that the town appropriate the amount of$5,373,252 in aggregate, for the purpose listed under Column "FYI 1 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. WATER ENTERPRISE FY11 Recommendation Town Manager Board of FY10 Department Selectmen 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 VOTED MAY 12, 2010 Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. Unanimously voted that the Town appropriate the amount of$5,049,817 in aggregate, for the purpose listed under the Column "FYI 1 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. 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 52 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 VOTED MAY 12, 2010 Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2011. Unanimously voted that the Town appropriate the amount of$293,184 listed under the Column "FYI 1 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. STEVENSESTATE AT OSGOOD HILL ENTERPRISE FUND FYI FYI FY10 Department Recommendation Budget Request Town Mgr & BOS Personnel 102,930 103,372 103,282 Expense 138,557 143,352 143,442 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 VOTED MAY 12, 2010 Article 24. Amend General Bylaws Chapter 44 Public Meetings, Section 1 Televising of Land Use Board Meetings. Voted as amended that the Town change the title of Section 44.1 of the General Bylaws, and add the Board of Selectmen and School 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 Land Use Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, and 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 53 designee. All such meetings shall occur in the Town Hall second floor meeting room or other locations as determined by the Town Manager or the Town Manager's designee. All 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, or Conservation Commission, Board of Selectmen or Finance Committee. Voted to adopt Article 24 as moved with the following amendments: Amended by Mark Rodgers to remove "Finance Committee" in the second sentence and in the last sentence. YES 112 NO 64 Amended by Cindy Jalbert to include "School Committee" after "and" in the second sentence and after"or" in the last sentence. YES 114 NO.....41 Chapter 44-1 to read as follows: § 44-1 Televising of Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Board of Selectmen and School Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room or other locations as determined by the Town Manager or the Town Manager's designee. All 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, Conservation Commission, Board of Selectmen or School Committee. VOTE ON ARTICLE 24 YES 140 NO 19 VOTED MAY 12, 2010 54 Article 25. Procedure for Funding of Collective Bargaining Agreements. Voted to instruct the North Andover Finance Committee to request that the Board of Selectmen add a warrant article or articles to every annual town meeting, which will enable town meeting to approve or disapprove the funding of successor collective bargaining agreements settled and unfunded during the prior twelve months as specified under Mass General Laws chapter 150E, section 7(b). Such warrant article will provide for each contract to be voted on independently. VOTED MAY 12, 2010 YES 91 NO 62 Article 26. Change Annual Town Meeting to Saturday. Voted 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. Article 26 Defeated—VOTED MAY 12, 2010 Article 27. Election of Planning Board Members. Voted 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; ARTICLE 27 DEFEATED VOTED MAY 12, 2010 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011. Voted by Two- Third (2/3) Vote Declared by the Moderator to fund the Town Capital Improvement Program as printed under Article 28 of the Warrant for the 2010 Annual Town Meeting under the heading "FYI ICIP Recommendations" with the following amendment: 55 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 Equipment B/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 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. 56 VOTED MAY 12, 2010 Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. Unanimous Vote to receive the report of the Community Preservation Committee and to appropriate from the Community Preservation Fund in accordance with the provisions of Massachusetts General Law Chapter 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 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 (Town $7,695 Historical Preservation 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 57 In addition, it was voted that a "Sense of the Meeting" be directed to Verizon regarding the removal of poles in the Old Center Common. VOTED MAY 12, 2010 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. Unanimous Vote to accept the provisions of Massachusetts General Law Chapter 3213, Section 20, "an act providing for the establishment of other post employment liability trust funds in municipalities and certain other government units". VOTED MAY 12, 2010 Article 31. Amend Zoning Bylaw -- Section 6 Signs and Outdoor Lighting Regulations, Subsection 6.3.21 Definitions — Sign Size (Area). Unanimous 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 surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. (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. Section 6.3, as amended, to read as follows: 6.3 Definitions 11. Sign Size (Area) 58 (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. VOTED MAY 12, 2010 Article 32. Amend Zoning Bylaw Section 5.1.1-Earth Removal. Unanimously voted 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 hereinafter permitted 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. Section 5.1.1 to read as follows: 5.1 General 1. Excavation, removal, stripping, or mining of any earth material 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. VOTED MAY 12, 2010 Article 33. Amend Zoning Bylaw-Section 7.3 - Setbacks. Unanimously voted 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 printed in the warrant and amended 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. §7.31 —Projections into Front Yards 59 Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required front 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 —Projections 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. §7.33 —Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required rear 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. 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. §7.31 —Projections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required front 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 —Projections 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. §7.33 —Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required rear 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. VOTED MAY 12, 2010 60 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. ARTICLE 34 DEFEATED VOTED MAY 12, 2010 Article 35. Amend General Bylaws Chapter 127 Junk Dealers. Unanimously voted 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 underlined. 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) 61 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 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. Chapter 127 as amended to read as follows: 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 underlined. Chapter 127 JUNK DEALERS /DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS § 127-1 License Required; Fee; Duration. No person shall keep a shop for purchase, sale or barter of junk, old metal or secondhand articles, or shall go from house to house collecting or procuring by purchase or barter any such articles, without a written license from the Board of Selectmen. The Board of Selectmen shall set the fee for such license. Each license shall continue in force until the first day of May ensuing unless sooner revoked by the Selectmen. Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. § 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 62 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, Town 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) § 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. §127-4 Hours of Operation 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. VOTED MAY 12, 2010 Article 36. Add New General Bylaw Chapter 113 - Fortune Tellers. Unanimous Vote to add a new chapter, Chapter 113 to the General Bylaws to regulate the licensing of Fortune Tellers. Article 36 voted as printed in the warrant with the following amendments: Section 113-1 - replace "physic" with"psychic." Section 113-2 — Second Sentence—Replace "for" with"from". Chapter 113 is to be added by inserting the text shown as underlined. Chapter 113 to read as amended as follows: CHAPTER 113 FORTUNE TELLERS 113-1 Definition 63 Any person going under the title of fortune teller, reader, adviser or seer, medium, healer or spiritualist, palm reader, card reader or psychic 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 from 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 subject 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. VOTED MAY 12, 2010 Article 37. Amend Zoning Bylaw — Section 4 Buildings and Uses Permitted, Subsection 4.133.11 Industrial 2 District. Unanimously voted 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, 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 64 twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Section 4, Subsection 4.123.11, as amended to read as follows: 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, 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. VOTED MAY 12, 2010 Article 38. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain District. Unanimously voted 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.G Section 3107 "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 NEW dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEMA Flood Boundary &Floodway Map 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 65 Floodway Maps 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"Flood Resistant Construction"); Section 4.137 Floodplain District as amended to read as follows: 4.137 Floodplain District 3. 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.G 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, 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. 6. 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: 66 a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G"Flood Resistant Construction"); VOTED MAY 12, 2010 Article 39. Amend General Bylaws - Chapter 45 Public Safety, Chiefs of Police and Fire Departments, Section 45-3 Appointment Process. Unanimously voted 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. Chapter 45, Section 3, as amended to read as follows: § 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; 67 • 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. VOTED MAY 12, 2010 Article 40. Amend General Bylaws - Chapter 28 Housing Trust Fund, Section 5C Powers of Trustees. . Unanimously voted 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. Article 40 moved to remove "and Town Meeting"and replace with "and Finance Committee" 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 Aleetin , 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; Chapter 28, Section 5C, as amended by Article 40 to read as follows: 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: 68 C. With the approval of the Board of Selectmen and Finance Committee, 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. VOTED MAY 12, 2010 Article 41. Petition the Legislature - Change the Structure of Essex Regional Retirement Board. Unanimously voted 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. VOTED MAY 12, 2010 69