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HomeMy WebLinkAboutAnnual Town Meeting Minutes 06.07.2011 ANNUAL TOWN MEETING MINUTES JUNE 7,2011 Town Moderator Charles A. Salisbury called the 2011 Annual Town Meeting to order at 7:13PM in the Auditorium of the North Andover High School 430 Osgood Street North Andover Massachusetts on Tuesday June 7, 2011. The Pledge of Allegiance was led by Town Moderator Charles A. Salisbury. The Reverend Bill Waters of Merrimack College gave the invocation Moderator Salisbury introduced Town Meeting Boards and participants. Town Moderator Salisbury recognized Mark H. Rees for his ten years of service and wished him success in his new venture. There are 17,245 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 421 voters present at the June 7, 2011 Meeting. A motion was made by Daniel P. Lanen, 111 Marian Drive, Chairman of the Board of Selectmen, seconded by Tracy M. Watson, 9 William Street, to dispense with the reading of the warrant, and with the reading of the constable's return of service of that warrant and further moved that the moderator not be required to read articles of the warrant verbatim, but be allowed to refer to articles by number and by subject matter. Motion unanimously approved. The 2011 Annual Town Meeting for the Town of North Andover dissolved by a Unanimous Vote at 11:41 PM on Tuesday June 7, 2011 with all articles voted. Article 1. Reports of Special Committees. Unanimous vote to receive the report of the Facilities Master Plan Committee as presented. Article 2. Reports of Receipts and Expenditures. Unanimously voted to accept the reports of receipts and expenditures as presented by the Selectmen in the 2010 Annual Town Report. Article 3. Authorization of the Town Manager or Superintendent of Schools warding Contracts in Excess of Three Years. Unanimous 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. Article 4. Authorization to Accept Grants of Easements. Unanimous 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. — 1 Article 5. Authorization to Grant Easements. Unanimous vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Article 6. Compensation of Elected Officials. Unanimous 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 Article 7. Prior Years Unpaid Bills. Unanimous 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—FY11 Vendor Amount Department National Grid $ 8,109.13 Public Works National Grid $ 865.62 Public Works National Grid $ 8,079.53 Public Works National Fire and Security $ 330.00 School Department Rovic $ 52.01 School Department Northeast Turf Services $ 5,500.00 School Department OCE Imagistics, Inc. $ 1,702.65 School Department Total $24,638.94 Article 8. Establishment of Revolving Funds. Unanimous 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, 2011: Revolving Fund Accounts Account Revolving Authorized to Use of Funds Revenue Source FY 2012 Number Fund Spend Limit 1• Wheelabrator Director- Air quality Wheelabrator 2031204 Planning Community monitoring Host Community $ 35,000 Development Agreement 2. Wheelabrator Director- To enforce Trash Wheelabrator 2031205 Public Safety Community Truck regulations Host Community $ 20,000 Develo ment Agreement 2 3. Wheelabrator Director- Protection of Wheelabrator 2031206 _ Health Community health, safety and Host Community $ 18,000 Development monitoring the air Agreement quality 4• 2031207 Health Dept Director- Food Consultant Inspection Fees - Food Community fees and expenses $ 20,000 Inspections Development related to program 5• 2031208 Health Dept Director- Septic Consultant Inspection Fees - Septic Community fees and expenses $ 30,000 Inspections Development related to program 6• Field rental fees, 2031210 Field Director- Field Grants, $ 10,000 Maintenance Division of maintenance, Donations, and Public Works upgrade and related Fund- related expenses raising proceeds 7. Health Dept Clinic supplies Clinic participant 2031211 Revolving Director- and other related fees, Grants, $ 30,000 Community materials Donations, and Development related Fundraising proceeds 8. 2031213 Youth and All programs and Participants' fees, Recreation Assistant activities, Grants, $ 250,000 Services Town expense,part time Donations, and Revolving Manager help related Fund- raising proceeds 9• 2031217 Elder Senior programs, Participants' fees, $ 20,000 Services Assistant classes and Grants, - COA Revol Town activities Donations, and Manager related Fund- raising proceeds 10 Stormwater Director- Review, test and Review Fees $ 50,000 Bylaw Community inspect Development Stormwater Division I reports Total: $ 483,000 Revolving Fund Accounf Receipts and Expenditures Account Revolving Fund Balance FY10 FY10 Balance Receipts Expenditures Balance Number 7/1/09 Receipts Expenditures 06/30/10 thru thru 03/31/11 03/31/11 3 1 2031204 Wheelabrator $ 65,628 Planning $ 57,308 $25,000 $ (16,680) $ 25,000 $ 17,890) $ 72,738 2. Wheelabrator 2031205 Public Safety $ 58,328 $ 15,700 $ (38,264) $ 35,764 $ 13,040 $ (3,804) $ 45,000 3. Wheelabrator- 2031206 Health $ 20,988 $ $ (2,000) $ 18,988 $ - $ (18,988) $ 0 4, Health Dept- 2031207 Food Inspections $ 75,457 $26,375 $ (44,007) $ 57,825 $ 22,665 $ (6,826) $ 73,664 5, Health Dept- 2031208 Septic $ 17,749 $10,919 $ (15,984) $ 12,684 $ 11,735 $ (11,471) $ 12,948 Inspections 6. Field 2031210 Maintenance $ 14,268 $ 8,600 $ $ 22,868 $ 1,075 $ (4,054) $ 19,889 . Health Dept 2031211 Revolving $ 9,722 $ 32,694 $ (25,179) $ 17,237 $ 14,888 $ 15,850) $ 16,276 g. Youth and 2031213 Recreation $ 295,2t9 $280,842 $ (305,341) $270,720 $ 86,417 $ (205,782) $151,354 Services evolving 9. 9. Elder Services 2031217 -COA $ 2,410 $ 15,895 $ (16,388) $ 1,917 $ 18,030 $ (15,898) $ 4,049 Revolving Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K - Senior Work Program - $18,000. Unanimous 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. Article 10. Amend General Fund Appropriation For Fiscal Year 2011. Unanimous vote to amend the General Fund Appropriation for Fiscal Year 2011 as voted under Article 20 of the 2010 Annual Town Meeting and Article 3 of the November 17, 2010 Special Town Meeting ; Decrease General Government by $110,527 for a revised total of$2,102,242 Decrease Public Safety by $153,728 for a revised total of$8,769,674 Decrease Education by $10,000 for a revised total of$36,974,521 Increase Snow and Ice Removal by $407,101 for a revised total of$1,147,187 Decrease All Other Public Works by $62,368 for a revised total of$3,107,848 Increase Health and Human Services by $239 for a revised total of$942,390 Decrease Culture and Recreation by $12,430 for a revised total of$815,080 Decrease Support Services by $84,288 for a revised total of$908,905 Increase Employee Benefits by $6,000 for a revised total of$12,310,378 Increase Capital and Reserves by $20,000 for a revised total of$393,167 For a Total Net (Decrease)/Increase of$0 and a Revised Total Appropriation of$75,041,472 4 And further to: General Fund Appropriation Amount Voted Amount Revised Amend Revised Under Article 20 Voted Total ment Total 05/12/10 ATM under Article 3 11/17/10 STM GENERAL GOVERNMENT 2,228,769 -16,000 2,212,769 -110,527 2,102,242 PUBLIC SAFETY 8,882,536 40,865 8,923,401 -153,728 8,769,674 EDUCATION 36,984,521 0 36,984,521 -10,000 36,974,521 SNOW AND ICE REMOVAL 740,086 0 740,086 407,101 1,147,187 PUBLIC WORKS 3,170,216 0 3,170,216 -62,368 3,107,848 HEALTH&HUMAN SERVICES 942,151 0 942,151 239 942,390 CULTURE&RECREATION 827,510 0 827,510 -12,430 815,080 SUPPORT SERVICES 1,048,193 -55,000 993,193 -84,288 908,905 DEBT SERVICE 6,912,660 0 6,912,660 0 6,912,660 EMPLOYEE BENEFITS 12,335,378 -31,000 12,304,378 6,000 12,310,378 LIABILITY INSURANCE 300,641 -6,953 293,688 0 293,688 CAPITAL&RESERVES 0 373,167 373,167 20,000 393,167 FINANCE COMMITTEE RESERVE 100,000 -100,000 0 0 0 GREATER LAW TECH SCHOOL 362,832 0 362,832 0 362,832 SCHOOL BUILDING COMMITTEE 900 0 900 0 900 Total Town Meeting 74,836,393 205,079 75,041,472 0 75,041,472 Appropriation Article 11. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2011. Unanimous vote to amend the vote taken on Article 23 Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2011 at the 2010 Annual Town Meeting to decrease total appropriation in aggregate by $12,795 for a revised total appropriation of$280,389. STEVENSESTATE AT OSGOOD HILL ENTERPRISE Amount Voted Under Amendment Revised Total Article 23 05/12/10 ATM Personnel 103,282 -9,128 94,154 Expense 143,442 -3,667 139,775 Debt Service 0 0 0 Sub-Total Direct Expenditures 246,724 -12,795 233,929 Admin/Indirect 46,460 0 46,460 5 Article 12. Amend Capital Improvement Plan Appropriations from Prior Years. Unanimous vote to amend prior Capital Improvement Plan appropriations for prior Fiscal Years so that the following amounts which represent excess bond and note proceeds which are no longer needed for the completion of the respective project be applied to new projects as follows: Amount Project Date/Article Date of New Project General Fund Number Bonds $ 82,461.27 Downtown 05/13/09 06/01/08 Elm Street Streets and Art. 12 Project Sidewalk $102,000.00 Tractor 05/13/08 06/16/09 Two Track Multi Purpose Art. 14 Sec. 6 Loaders with Attachments $184,461.27 Water Enterprise Fund $ 7,264.31 Additional 05/02/94 Serial Water System Water Supply Art. 9 Sec. 15 Note Improvements $ 7,466.69 Bradford Street 05/14/01 04/01/02 Standpipe Art. 8 Sec. 16 $ 16,000.00 Sutton Hill 12/05/05 09/20/06 Water Tanks Art. 8 $311,544.01 Water Sys/Wtp 05/13/02 06/15/03 Improve. Art. 11 Sec. 21 $ 3,578.91 Sutton Hill Water 05/13/02 06/13/03 Improve. Art. 11 Sec.21A $ 22,900.00 Bear Hill 05/10/04 06/13/05 Reservoir 2005 Art. 11 Sec. 22 $ 1,825.53 Water Main 05/10/04 06/13/05 Rehab. 2005 Art. 11 Sec. 24 $ 46,248.94 Water Security 05/09/05 09/20/06 System 2006 Art. 10 Sec. 6 $156,980.42 Lake Outlet 05/09/05 09/20/06 Structure Art. 10 Sec. 7 $ 17,335.31 Water Main 05/8/06 Serial Rehab. 2007 Art. 24 Sec. 15 Note $ 56,728.65 Water Main 05/14/07 06/17/08 Rehab. 2008 Art. 21 Sec. 19 $647,872.77 Article 13. Amend ZoninIZ Bylaw —Section 8.9 Wireless Service Facilities. Voted to "Take No Action" to amend zoning bylaw— section 8.9 Wireless Service Facilities. Full text of proposed bylaw complete in 2011 Finance Committee Report. 6 Article 14. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts. 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 And further that the non-substantive changes to the numbering of this bylaw by the town clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover. Article 15. Tax Increment Financing Plan — 4 W High Street, Mansur Investments, Converse, Inc. and /or Schneider Electric. Voted to "Take No Action" to approve a proposed Tax Increment Financing Plan for 4 W High Street, Assessors Map 54, Block 1, Mansur Investments, Converse, Inc. and/or Schneider Electric, (hereafter known as the TIF Plan) and authorize the Board of Selectmen to reach an agreement with the owner of the property for a parcel of land and buildings thereon. The property shall be designated as a Tax Increment Financing Zone, which as defined in the proposed TIF Plan presents exceptional opportunities for increased economic development. As outlined in the proposed TIF Plan, the Town shall provide for an exemption of property taxes or a percentage thereof based on the incremental increase in property value in assessed valuation of the property for a period of not more than 20 years and a full or partial exemption from personal property taxes in accordance with the requirements of MGLs, Chapter 23A, Section E, Chapter 40, Section 49 and Chapter 59, Section 5 and pursuant to 751 CMR 1.04(1)(b) and 402 CMR 2.18. In return for such tax benefits, in accordance with the proposed TIF Plan, the owner of the property shall ensure at the above property the location and expansion of manufacturing, research and development or other like uses which increase job creation, provide higher property values and retain and/or expand industry in the Town and the Commonwealth. Article 16. Adoption of Massachusetts General Laws Chapter 64L Section 2(a)—Local Meals Excise Tax. To see (a) to impose a local meals excise. ARTICLE 16 DEFEATED YES 164 NO 171 Article 17. Raise and Appropriate Additional Funds For Fiscal Year 2012. To see if the Town will vote to authorize the Board of Selectmen to Petition the General Court of the Commonwealth of Massachusetts to allow North Andover to specifically designate all funds generated in current and future fiscal periods resulting from a Proposition 2 '/2 Operational Override being approved at an election called by the Board of Selectmen, pursuant to General Law Chapter 59, Section 21C, to be set aside in said reserve funds solely to meet the Town's obligations relating to unfunded so called Post Retirement Costs and owed by the Town to current and former employees. ARTICLE 17 DEFEATED 7 Article 18. General Fund Appropriation Fiscal Year 2012. Majority vote to raise and appropriate funds for the Fiscal Year 2012 General Fund as follows: 2,182,398 GENERAL GOVERNMENT PUBLIC SAFETY 8,806,071 NA SCHOOL 36,916,601 SNOW AND ICE REMOVAL 752,448 ALL OTHER PUBLIC WORKS 3,276,521 HEALTH AND HUMAN SERVICES 982,289 CULTURE AND RECEREATION 828,357 SUPPORT SERVICES 1,197,063 DEBT SERVICE 7,217,436 EMPLOYEE BENEFITS 14,173,346 LIABILITY INSURANCE 301,030 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESERVE 0 GREATER LAWRENCE TECH SCHOOL 243,594 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF 76,878,054 FROM SPECIAL REVENUE - GLSD $ 134,526 FROM SPECIAL REVENUE - COMM PROG $ 65,700 FROM SPECIAL REVENUE -YOUTH $ 40,000 SERVICES $ 240,226 Article 19. Establishment of Special Stabilization Fund-Reserve for Future Payroll. Unanimous vote to "Take No Action" to establish a special stabilization fund for the purpose of reserving funds to pay expenses related to fiscal years when additional payroll money must budgeted due to calendar changes and to raise and appropriate a sum of money to be placed in that fund. Article 20. Transfer of Funds into the Other Post Employment Benefits Liability Trust Fund. Unanimous vote to "Take No Action" to raise and appropriate or transfer funds into the Other Post Employment Benefits Liability Trust fund. Article 21. Transfer of Funds into the Stabilization Fund. Unanimous vote to "Take No Action" to raise and appropriate or transfer funds into the Stabilization Fund. 8 Article 22. Appropriation of$40,000 to Maintain Current Program Manager Position in the Elder Services Department. Unanimous vote to "Take No Action" to appropriate the sum of $40,000 to be expended under the direction of the Elder Services Department for the purpose of maintaining the current position of Program Manager to prevent the elimination of essential services. Article 23. Authorization to Transfer Funds from the Health Department Food Consultants Revolving Fund to the Health Department. Unanimous vote to "Take No Action" to transfer $40,000 from the Health Department Food Consultants Revolving Fund to the Health Department to be used to purchase truck monitoring equipment. Article 24 . Water Enterprise Fund Appropriation-Fiscal Year 2012. Unanimous vote to appropriate the amount of 55,125,787 in aggregate, for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Water Enterprise Fund, that $5,125,787 be raised from Water receipts and from these receipts $705,722 be transferred to the General Fund for indirect expenses. WATER ENTERPRISE FY12 Recommendatipon Town Manager FYI Department Board of Budget Request Selectmen Finance Committee Personnel 623,494 648,321 644,965 Expense 1,300,465 1,475,384 1,475,384 Debt Service 2,791,277 2,299,716 2,299,716 Sub-Total Direct 4,715,236 4,423,421 4,420,065 Expenditures Admin/Indirect 658,016 705,722 705,722 Total Water Enterprise 5,373,252 5,129,143 5,125,787 Article 25 . Sewer Enterprise Fund Appropriation-Fiscal Year 2012. Unanimous vote to appropriate the amount of $5,189,157 in aggregate, for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $5,189,157 be raised from sewer receipts and from these receipts $471,554 be transferred to the General Fund for indirect expenses. FY12 9 SEWER ENTERPRISE Recommendation Town Manager FYII Department Board of Selectmen Budget Request Finance Committee Personnel 560,473 593,676 592,222 Expense 300,200 294,899 294,899 GLSD Assessment 1,642,900 1,725,000 1,725,000 Settlement 56,000 56,000 56,000 Debt Service 2,068,083 2,049,482 2,049,482 Sub-Total Direct 4,627,656 4,719,057 4,717,603 Expenditures Admin/Indirect 422,161 471,554 471,554 Total Sewer Enterprise 5,049,817 5,190,611 5,189,157 Article 26. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2012. Unanimous vote to appropriate the amount of$316,822 in aggregate for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund, that $316,822 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 FY12 ENTERPRISE Recommendation Town Manager FYI Department Board of Selectmen Budget Request Finance Committee Personnel 103,282 107,087 107,087 Expense 143,442 163,275 163,275 Debt Service 0 0 0 Sub-Total Direct 246,724 270,362 270,362 Expenditures Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate 293,184 316,822 316,822 Enterprise 10 Article 27_. Capital Improvement Plan Appropriation Fiscal Year 2012. Unanimous vote to fund the Capital Improvement Program as listed under the heading "Board of Selectmen/Town Manager Recommend" and with the language included: Fiscal Year 2012 CIP Board of Selectmen/ Town Manager Line# Project Description Fund Code Recommend General Fund 1. Roadway Improvements: B/N-G $ 390,000 2. Fire Alarm Boxes and Panels B/N-G $ 113,000 3. Internet Telephone System B/N-G $ 375,000 4. Middle School Roof Replacement BN-G $ 2,039,000 5. Defibrillator Replacement B/N-G $ 43,000 6. Police Station Parking Lot& Exterior Lighting B/N-G $ 125,000 7. Emergency Generator at Public Works Facility B/N-G $ 38,000 8. School Dept. Data Storage and Integration B/N-G $ 82,000 9. Vehicle Fuel Pump System B/N-G $ 45,000 10. Dump Truck with Plow, Sander& Basin Cleaner B/N-G $ 210,000 11. Sargent School Roof Replacement B/N-G $ 564,000 12. Atkinson School Window Replacement B/N-G $ 1,277,000 $ 5,301,000 Sewer Enterprise Fund 13. Sewer Utility Truck B/N-S $ 78,000 Water Enterprise Fund 14. Heating, Ventilating and Air Conditioning B/N-W $ 690,000 15. Equipment At Water Treatment Plant Valve and Hydrant Replacements and Installation B/N-W$ 260,000 $ 950,000 TOTAL $ 6,329,000 Fund Codes Spelled Out Below Funding Recommendation Code BOS & Town Mgr Totals Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate - Water R&A-W $ - Enterprise Raise and Appropriate - Sewer R&A-S $ - Enterprise Bonds/Notes - General Fund B/N-G $ 4,985,916 Bonds/Notes - Water Enterprise B/N-W $ 950,000 Bonds/Notes - Sewer Enterprise B/N-S $ 78,000 Total All Capital Projects(New Borrowing) $ 6,013,916 11 Prior Year Borrowing $ 315,084 Total Fiscal Year 2012 CIP $6,329,000 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $6,013,916.00 under Chapter 44 of the Massachusetts General Laws or any other enabling authority, (2) a portion of the appropriation for item 1 above in the amount of$47,807.86 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $ 4,379.25 Underground Storage 05/14/07 06/15/09 Tank Monitoring System Art 21 Sec. 11 2,341.38 Sidewalk Construction 05/14/07 06/15/09 Art. 21 Sec. 13 15,000.16 Roadway Improvements 05/13/08 12/15/09 — Autran Avenue Art. 14 Sec. 2 2,915.98 Financial Management 05/14/04 06/13/05 System Art. 11 Sec. 12 7,446.70 Waverly Road/Mass. 05/13/00 04/01/02 Avenue Art. 14 Sec. 15 1,265.22 Roadway Improvements 05/13/02 10/01/03 Art. 11 Sec. 19 14,459.17 Roadway Improvements 05/12/03 06/08/05 Art. 13 Sec. 14 $ 47,807.86 (3) a portion of the appropriation for item 2 above in the amount of$59,989.15 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Date of Bonds Number $ 12,234.78 School Bldg Consult Fees 03/30/89 09/15/90 Art 5 STM 3,465.89 Student Management 05/13/08 06/15/09 Software Art. 14 Sec. 8 44,288.48 Replace Athletic Fields - 05/13/00 04/01/02 high school Art. 14 Sec. 16 $59,989.15 12 (4) a portion of the appropriation for item 4 above in the amount of$179,865.95 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $61,794.78 Kittredge Heating System 05/13/02 10/01/03 Art. 11 Sec. 1 15,158.06 Bradstreet School Sprinkler 05/13/02 10/01/03 System Art. 11 Sec. 8 9,430.43 Camera/Door Security 05/12/03 06/08/05 System Art. 13 Sec. 2 3,800.00 Sargent School Deck 05/12/03 06/08/05 Roofing Art. 13 sec. 3 13,289.88 Franklin School Windows 05/12/03 06/08/05 Art. 13 Sec. 4 17,632.61 Kittredge School Windows 05/12/03 06/08/05 Art. 13 Sec. 5 14,753.02 Sargent School Ventilation 05/09/05 09/20/06 Art. 10 Sec. 1 19,112.87 Elementary School Const. 05/04/92 01/15/98 Art. 12 24,894.30 Middle School Construction 05/02/95 01/15/98 Art. 12 $179,865.95 (5) a portion of the appropriation for item 10 above in the amount of$27,421.04 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $ 6,400.00 Replace Roof on Fire 05/14/07 06/15/09 Station 2 Art 21 Sec. 7 2,099.55 Equipment— I Ton Dump 05/14/07 06/15/09 Art. 21 Sec. 14 2,937.00 Equipment—Dump Truck 05/13/08 06/15/09 w/Sander Art. 21 Sec 15 2,894.00 Equipment— Cab and 05/14/07 06/15/09 Platform Truck Art. 21 Sec. 16 6,881.56 Tractor—Multi Purpose— 05/13/08 06/15/09 2009 Art. 14 Sec. 6 6,208.93 Town Hall Phase I 05/13/02 10/01/03 Art. 11 sec. 9 $ 27,421.04 13 (6) that with respect to the appropriations above for school projects listed as items 4, 11 and 12 above, consisting of$2,039,000 for roof replacement at the Middle School located at 495 Main Street, $564,000 for roof replacement at the Annie L. Sargent Elementary School, located at 300 Abbott Street, and $1,277,000 for windows replacement at the Atkinson Elementary School, located at 111 Philips Brooks Road, all in the Town (collectively, the "Projects"), such proposed repair projects would materially extend the useful life of the schools and preserve assets that otherwise are capable of supporting the required educational programs, said sums to be expended under the direction of the School Building Committee; that the Town of North Andover acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town of North Andover incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town of North Andover; provided further that any grant that the Town of North Andover may receive from the MSBA for the Projects shall not exceed the lesser of (1) forty-seven and 42/100 percent (47.42%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town of North Andover and the MSBA. And that the Board of Selectmen is authorized to take any other action in relation to these projects. Article 28. Amend Zoning Bylaw-Amend 4.122.14-Resident 4 District-Permitted Uses. Unanimous vote to "Refer Back to the Planning Board for Further Study" to amend the Town of North Andover Zoning Bylaw by deleting the existing Section 4.122.14Aa and Section 4.122Ab and replacing them with the following: 4.122.14 Residence 4 District (Permitted Uses) A. Dwelling Types a. One family dwellings and existing two family dwellings. b. Additional two family dwellings by Special Permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14D of this Bylaw; And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover. Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. Majority vote to receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow, transfer 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 FUNDS 14 Description Amount Category North Andover Historical $50,000 Historical Preservation Society: Master Plan for restoration and preservation of Historical Society Properties Stevens Estate: Master plan $50,000 Historical Preservation for facility restoration and reservation Main Street Fire House: $48,500 Historical Preservation Refurbishment of Infrastructure Preservation of Historical $40,000 Historical Preservation Records Phase V) Fountain Drive: Full $300,000 Affordable Housing preservation/restoration of sidewalks and common open areas Town Farm: Construction of $150,000 Recreation/Open Space new playing fields off Dale St. (subject to change in State Law to permit CPA funding for existing town properties) Principal Repayment: $638,000 Open Space Windrush Farm Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $1,306,500 Article 30. Petition the General Court- Municipal Group Insurance Committee Legislation. Voted to petition the General Court to adopt the following law: Municipal Group Insurance Committee (GIC) Legislation Any city or town accepting the provisions of this section may establish and maintain a committee known as a "Group Insurance Committee" consisting of seven (7) members to be constituted as follows: Four (4) persons, who are not eligible to receive Town Insurance Benefits, to be appointed by the Mayor or Board of Selectmen, two (2)persons to be elected by the organizations of the governmental units' employees, and one (1) person who shall be a retiree of the city or town who shall be appointed by the Mayor or Board of Selectmen. Four(4) members of said committee shall constitute a quorum. Said committee shall act upon the majority vote of a quorum at any meeting held in conformity with the provisions of Massachusetts General Laws Chapter 39, Section 23B. 15 The Group Insurance Committee shall have the full and final authority to determine changes in any design or composition of any and all group general or blanket, hospital, surgical, medical, dental, and other health insurance plans, including, but not limited to, the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12 of Chapter 32 of the General Laws. Any plan design changes may include, but not be limited to, changes to employer/employee contributions levels, co-pay amounts and deductibles. Such changes as the Group Insurance Committee shall deem appropriate shall be effective as of the date of said changes are voted upon by the committee and shall not be subject to collective bargaining under the provisions of Chapter 150E of the General Laws. This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by the majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the Mayor; in a town, by vote of its Town Meeting, in a regional school district, by the vote of the regional district school committee. VOTED JUNE 7, 2011 YES 82 NO 13 Article 31. Petition the General Court: Special Act to Exempt the Town of North Andover from Portions of the Prevailing Wale Act. Unanimous vote to Authorize the Board of Selectmen to Petition the General Court of the Commonwealth of Massachusetts to exempt the Town of North Andover from the provisions of Massachusetts General Laws, Chapter 149, Sections 26 through 27G, the Prevailing Wage Law, so called, for projects estimated to cost $50,000 or less. Article 32. Petition the General Court- Collective Bargaining Agreements-Town Meeting Approval of Funding. Voted to petition the General Court to require that the North Andover Town Meeting approve funding, by separate vote, of each collective bargaining agreement entered into by the Board of Selectmen and the School Committee. VOTED JUNE 7, 2011 YES—80 NO-19 Article 33. Petition the General Court to Change the Town Charter: Chapter 4-7-1, Responsibilities for Disbursements. Unanimous vote to petition the General Court to change the Town Charter by adding the underlined language and removing the text shown as stricken to read as follows: Section 7 Responsibilities for Disbursements Chapter 4-7-1: Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures shall be submitted to the Town Manager, and his approval there of shall be sufficient authorization for payment by 4 -eae* of ahwa divis;^r ^ ee) the treasurer or his designee, provided, however, that at least thfev one selectman designated by the full board of selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Section 7 as amended to read as follows: 16 Section 7 Responsibilities for Disbursements Chapter 4-7-1: Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures shall be submitted to the Town Manager, and his approval there of shall be sufficient authorization for payment by treasurer or his designee,provided, however, that one selectman designated by the full board of selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Article 34. Petition the General Court — Age Exemption — Sean C. Lewis, Sr. — Firefighter. Unanimous vote to Petition the General Court to enact Legislation so that Sean C. Lewis, Sr. 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. Sean C. Lewis, Sr. 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. Article 35. Town By-Law, Amend Chapter 146, Recreational Uses on Lake Cochichewick and its Tributaries — Add New Section 146-2, Rules and Regulations. Unanimous vote to amend Town By-law, Chapter 146,by adding a new section as follows: 146-2 Rules and Regulations The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are the authorized enforcement officials. Approved by Attorney General October 3, 2011-Approved By Massachusetts Environmental Police November 4, 2011 Article 36. Town By-Law, Amend Chapter 88, Dogs — Add New Section 88-9 — Vaccination Required for Dogs. Unanimous vote to "Take No Action" to amend Chapter 88-Dogs of the General Bylaws by adding a new Section-Section 9 to read as follows: § 88-9 Vaccination Required No person shall own or keep any dog or dogs within the Town of North Andover unless any such dog or dogs has received vaccination for rabies in a manner required by the Animal Control Officer or Health Agent for the Town of North Andover. 17 And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover. Article 37. Amend General Bylaws Chapter 69 - Fire Alarms-Section 69-2 - Alarm Installation and Permit Requirements — Subsection E, Changing Effective Date from July 1, 2012 to July 1, 2014. Unanimous vote to amend Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and Permit Requirements — by adding the underlined language and removing the text shown as stricken to read as follows: § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarin company of their choice for the purchase, lease, installation, and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of J-uly 1, 2007- September 1, 2011 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of Ally 1, 2012 July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. 18 G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; SECTION 69-2 AS AMENDED TO READ AS FOLLOWS: § 69-2 Alarm Installation and Permit Requirements B. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of September 1, 2011 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of 19 signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover. Article 38. Road Way Acceptance - Carter Field Road. Majority vote to accept Carter Field Road as a public way, as laid out by the Board of Selectmen, and as shown as "Carter Field Road" on a plan entitled, "Street Layout Plan, Carter Fields Subdivision prepared for Tara Leigh Development, LLC, Scale 1" = 40'; Date March 14, 2011, by MHF Design Consultants, Inc." and to accept deeds to all related open space parcels and easements, shown on Plans recorded as Plan No. 14969 and Plan No. 14471 at the North Essex Registry of Deeds and on the above referenced Street Layout Plan. Article 39. Authority to Dispose of Interest in Land (Rear of Chickering Plaza). To see if the Town will vote to transfer the care, custody and control of the interests of the Town in the way or paper street portion (plus or minus 1,000 sq ft) of the property known as Bunkerhill Street, which is appurtenant to the Town's ownership interest in the property at 200-203 Bunkerhill Street, shown on Assessors Map 84, Parcel 14 , to the Board of Selectmen for disposition and to authorize the Board of Selectmen to dispose of the interests of the Town in said way or paper street (at the rear of Chickering Plaza) upon terms and conditions that the Board of Selectmen deem to be in the best interest of the Town, even if the Town receives no consideration therefor. ARTICLE 39 DEFEATED-VOTED JUNE 7, 2011 Article 40. Transfer of Town Owned Land to the Care, Custody and Control of the Conservation Commission. Unanimous vote to transfer the care, custody and control of two town owned parcels located on Berry Street, shown as Lot 12 and Lot 62 on Assessors' Map 108C, to the care, custody and control of the Conservation Commission pursuant to M.G.L. Chapter 40, Section 8C, said parcels further described as follows: Lot 1-E, containing 3.1 acres, more or less, and Lot 2-E, containing 3.010 acres on Plan of Land entitled: "Plan of Land located in North Andover, Mass., prepared for Reginald Landry; Scale: 1" = 40' " and recorded with North Essex Registry of Deeds as Plan No. 10082. For title reference, see Final Judgment in Tax Lien Case No. 105879, recorded with said Deeds at Book 6062, Page 220 and Final Judgment in Tax Lien Case No. 105880, recorded with said Deeds at Book 6062, Page 221. Respectfully submitted, Joyce A. Bradshaw, CMMC, Town Clerk 20 21