Loading...
HomeMy WebLinkAbout2017-03-22 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES March 22, 2017 CALL TO ORDER: ChairmanRichard Vaillancourt called the meeting to order at 7:00PM in the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Tracy Watson, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 10 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of March 6, 2017 and March 10, 2017. Vote approved 4-0-1. Mr. Stewart abstained. COMMUNICATIONS AND ANNOUNCEMENTS: Massachusetts Fire Service Commission Fire Chief accreditation Fire Chief William McCarthy was awarded accreditation by the Massachusetts Fire Service Commission. Other communications and announcements th Rosemary Smedile invited the public to attend the Town Hall Open House on Sunday, March 26 from 1- 3pm. Town Manager, Andrew Maylor, announced that Jim Stanford has started as the new DPW Director. Richard Vaillancourt stated that the Town election is Tuesday, March 28 th. CONSENT ITEMS: Donations (taken out of order): Phil DeCologero made a MOTION, seconded by Tracy Watson that the Board of Selectmen accept clock to be used at Town Hall. Vote approved 4-0-1. Ms. Smedile abstained. Phil DeCologero made a MOTION, seconded by Tracy Watson that the Board of Selectmen accept the donation from the for supplies for victims of emergencies. Vote approved 4-0-1. Ms. Smedile abstained. Process for dedication of benches in front of Town Hall The Board discussed whether they wanted to allow the benches in front of Town Hall to be available for dedication. The request was brought forth by a resident who wanted a bench to be dedicated to her uncle that was killed at Foulds Terrace. Tracy Waston made a MOTION, seconded by Donald Stewart that the first bench be offered to Ms. Kulpinski and the remaining four would be offered through a lottery. Phil DeCologero made an amendment to the motion that the first bench be offered to Ms. Kulpinski and the process for the remaining four would be decided at a later date. Ms. Watson seconded the amendment. Vote approved 5-0. Request of Diana Flahive of Neurofibromatosis Northeast to use streets in North Andover for the 7th Annual Coast to the Cure bike ride on Saturday, September 9, 2017 Included in the packets was a request from Neurofibromatosis Northeast for approval to use streets in th North Andover for the 7 Annual Coast to the Cure Bike Ride on Saturday, September 9, 2017. The three routes (24, 66 or 100 miles) will all start and finish at Stage Fort Park in Gloucester. The streets in North Andover that are on the route are: Salem, Ingalls, Forest, Boxford, Foster, Winter and Dale. All relevant departments have reviewed and have no issues. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Neurofibromatosis th Northeast, to use streets in North Andover for the 7 Annual Coast to the Cure Bike Ride on September 9, 2017. Vote approved 5-0. Board of Selectmen Minutes March 22, 2017 2 Request of School Committee to support submission of Statement of Interest for North Andover Middle School to the Massachusetts School Building Authority Superintendent Jennifer Price and School Committee Chairman David Torrisi explained the process of applying to the MSBA for funding for renovations to the Middle School. As part of that process, the Board must vote to support the submission of a Statement of Interest. At a minimum, the process will take 6-7 years. Rosemary Smedile made a MOTION, seconded by Tracy Watson that the Board of Selectmen authorize the Superintendent to submit to the Massachusetts School Building Authority a Statement of Interest that will be submitted to the MSBA by no later than Friday, April 7, 2017 for consideration in 2017 for the North Andover Middle School located at 495 Main Street, North Andover which describes and explains the following deficiencies and the priority category(s) for which the Town of North Andover may be invited to apply to the Massachusetts School Building Authority in the future for Priority #2 - from a current average of 24.6 students, and for Priority #7 - obsolete buildings in order to provide for a full range of programs consistent with state and hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City/Town/Regional School District to filing an application for funding with the Massachusetts School Building Authority. In addition, the Board of Selectmen of the Town of North Andover confirms the following criteria apply to the request; the school facility has been and will remain in use as a public K-12 school, serving public school students for the useful life of any additions/new construction; the school facility has sufficient spaces to deliver its required educational programs; except for the lack of space to allow for the decrease of existing class sizes, the school facility is structurally, functionally and educationally sound and has no other deficiencies, and all other building systems are operational, safe and adequate for the delivery of the required educational programs; the need for additional space is not the result of neglect or the lack of routine or capital maintenance by the district; the district acknowledges and agrees to abide by all federal and state law and rules, regulations, policies and guideline-qualified OPMs and share of the project in a timely manner; and the district has no entitlement to funds, and the awarding of a grant(s), if any, is at the sole discretion of the MSBA. Vote approved 5-0. Request of North Andover Lions Club to waive the all building permit fees for the Kelly-Miller Circus to be held on July 7, 2017 and July 8, 2017 at Lawrence Municipal Airport Included in the packets was a request from Ray Sirois of the Lions Club requesting a waiver of all building permit fees for the Kelly-Miller Circus. He is also requesting permission to erect signs on the fence at the Youth Center and various places around town. Phil DeCologero made a MOTION, seconded by Tracy Watson that the Board of Selectmen approve the request of Ray Sirois of the Lions Club to waive all building permit fees, place a banner on the Youth Center fence and place small road signs around town for the Kelly-Miller Circus. Vote approved 5-0. Vote on option for Osgood Smart Growth Overlay District At the last meeting the Board was presented with 3 options for the Osgood Smart Growth Overlay District. Tracy Watson made a MOTION, seconded by Phil DeCologero that the Board of Selectmen choose Option 2 as outlined in the Memorandum from the OSGOD Review Committee dated March 6, 2017, provided the covenant is executed and recorded in the Registry of Deeds prior to the Town Meeting Warrant being printed. Vote approved 5-0. Accept and sign Easement Relocation Agreement for 575 Osgood Street (Edgewood) Community and Economic Development Director, Eric Kfoury, presented the information regarding the Easement Relocation Agreement with Edgewood. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept and sign the Easement Relocation Agreement for 575 Osgood Street. Vote approved 5-0. Board of Selectmen Minutes March 22, 2017 3 2017 Annual Town Meeting Warrant Vote to open the warrant Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen open the 2017 Annual Town Meeting Warrant. Vote approved 5-0. Andrew Maylor explained that two additional articles have been added to the warrant since the last meeting. The first was a citizen petition that was submitted late. There was some confusion over the due date of those petitions. The second was a moratorium on recreational marijuana. Michael Rosen, attorney for the owners of Osgood Landing, told the board that the owners would like to revise the warrant article so that it excludes the MMOD. Mr. Rosen stated that the owners are not in favor of any dispensaries on their property. Acceptance of the warrant Phil DeCologero made a MOTION, seconded by Tracy Watson that the Board of Selectmen accept the 2017 Annual Town Meeting Warrant as presented. Vote approved 5-0. Vote to close the warrant Tracy Watson made a MOTION, seconded by Phil DeCologerothat the Board of Selectmen close the 2017 Annual Town Meeting Warrant. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Christopher Bandereck requests a mobile food truck li Rosemary Smedile made a MOTION, seconded by Tracy Watson that the Board of Selectmen, acting as Licensing Commissioners, approve a mobile food truck license for R. Christopher Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Stan Limpert of 43 Stonecleave Road stated that it was great serving with Tracy and thanked her for all her work as a Selectmen. The Board thanked Mr. Limpert for his work on the school committee. Ask the Manager A resident asked if the clock in front of Town Hall could be changed to reflect daylight savings time. Mr. Maylor indicated that it has been changed. Mr. Maylor reported that residents have asked why the parking ban is all winter and not just when it is snowing. At some point in the future, Mr. Maylor will provide information to the Board about a new procedure for instituting the parking ban. Departmental Monthly Reports The Board was provided the monthly reports from each department. The Board thanked Ms. Watson for her service and presented her with an engraved gavel. State Representative Diana Dizoglio presented Ms. Watson with a proclamation from the state. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Richard Vaillancourt to adjourn the meeting at 8:40p.m. Vote approved 5-0. Board of Selectmen Minutes March 22, 2017 4 Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of March 6, 2017 Minutes of March 10, 2017 Letter from Massachusetts Fire Service Commission Memo regarding dedication of benches Request from Neurofibromatosis Northeast Donation letter Statement of Interest Letter from Lions Club OSGOD memo Relocation Easement Town Meeting Warrant Email from Jeff Goldstein Mobile Food Truck request Fire Department Report Opiate Overdose Report Police Department Report Job posting/vacancy log Capital Projects report Legal fees report Library report Senior Center report IT report Building Department Report TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Richard M. Vaillancourt, Chairman TEL. (978) 688-9510 Rosemary Connelly Smedile, Clerk FAX (978) 688-9556 Phil DeCologero Donald B. Stewart Tracy M. Watson BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA WEDNESDAY, MARCH 22, 2017 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. March 6, 2017 Open Session Minutes, as written B. March 10, 2017 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Massachusetts Fire Service Commission Fire Chief accreditation V. CONSENT ITEMS A. Process for dedication of benches in front of Town Hall th B. Request of Diana Flahive of Neurofibromatosis Northeast to use streets in North Andover for the 7 Annual Coast to the Cure bike ride on Saturday, September 9, 2017 C. Donations: 1. Accept donation of a wall 2. Accept donation of $1,000 to the Police Department from the D. Request of School Committee to support submission of Statement of Interest for North Andover Middle School to the Massachusetts School Building Authority E. Request of North Andover Lions Club to waive the all building permit fees for the Kelly-Miller Circus to be held on July 7, 2017 and July 8, 2017 at Lawrence Municipal Airport F. Vote on option for Osgood Smart Growth Overlay District G. Accept and sign Easement Relocation Agreement for 575 Osgood Street (Edgewood) H. 2017 Annual Town Meeting Warrant 1. Vote to open the warrant 2. Acceptance of the warrant 3. Vote to close the warrant VI. LICENSING COMMISSIONERS A. Christopher Bandereck requests a mobile food truck license VII. OLD BUSINESS VIII. NEW BUSINESS IX. PUBLIC COMMENT X. A. B. Monthly Department Reports 1. Fire Department 2. Opiate Overdose Report 3. Police Department 4. Job posting/vacancy log 5. Capital Projects 6. Legal 7. Library 8. Senior Center 9. Report It 10. Building Department XI. NEXT MEETING DATE April 3, 2017 XII. ADJOURNMENT 2017 TNA OWN OF ORTH NDOVER M ASSACHUSETTS DB EPARTMENT OF PUBLIC WORKS UILDING 2017 ATMW NNUAL OWN EETING ARRANT AND FCR INANCE OMMITTEE EPORT NORTH ANDOVER CITIZENS The Town of North Andover will take any measure necessary to ensure that any individual with a disability is not excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or services identified in the Meeting, please con978-688-9502. Thank you! If you require handicapped parking access or need special parking arrangements. Voters will be checked in by last name. Each voter will be given a Town Meeting Voting card and will need this card to be able to vote. Individuals will need to be registered to vote by Wednesday, April 26, 2017. All voters who have registered to vote as of that date will be eligible to vote at the May 16, 2017, Annual Town Meeting. You may call the Town ce at 978-688-9502 to verify voter status or request a voter registration form. Non-voters must sign in, display a non-voter pin and sit in the designated section. The Town will make any arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to call the at 978-688-9502 or e-mail (jbradshaw@northandoverma.gov). 2017 ANNUAL TOWN MEETING WARRANT Annual Town Meeting May 16, 2017 7:00 P.M. North Andover High School 430 Osgood Street ANNUAL FINANCE COMMITTEE REPORT TO VOTERS required by Massachusetts law and the North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all aspects of Introduction 1 2017 MESSAGE FROM THE TOWN MODERATOR Dear Neighbors: 2 2017 NORTH ANDOVER TOWN MEETING SIMPLIFIED RULES OF PARLIAMENTARY PROCEDURE The purpose of Town Meeting is to establish and update the By-laws, operational policies, budgets as our form of government since 1646. It represents the purest form of democracy in that every vote truly counts. Each registered voter is guaranteed an equal voice in the decisions made by the Meeting. In order to protect the sanctity of that vote, the North Andover Town Charter empowers the Town Moderator to establish the rules of Procedure under which Town Meeting is to be conducted. These rules are historically based on the traditions established by generations of North Andover citizens and by other New England communities, acting as legislators of their local governments. Specific parliamentary rulings and conduct are governed by the Moderator, using Massachusetts General Laws, the North Andover Charter, North Andover By-Laws, and local tradition as a guideline. The passing of each Town Meeting adds to the rich history and changes to that practice and tradition that helps guide future Moderators and meetings. not applied and have no bearing on conduct of our meeting. Past Moderators have utilized the book published by elected to utilize that resource if appropriate. Town Meetings across the Commonwealth of Massachusetts are similar, but not identical, in the and help define the role and latitude of the Moderator. At North Andover Town Meetings we will endeavor to present all necessary information in an efficient and timely manner so that the most clarity can be afforded to voters, enabling them to make informed decisions. Voters, in turn, have a unique responsibility. Not only must they express, by vote, the decisions made based upon their own judgment and perspective, but also be cognizant of the effect their vote and/or decision has on all citizens of North Andover. There are ten simple rules of procedure for North Andover Town Meeting: 1.Article The first action required after the announcement of any WarrantMain Motion is that a be proposed. The citizen sponsor of an article, Town Board sponsor, or Town Board with an affirmative recommendation, are likely movers of a main motion. The initial motion for the Town budget will be made by the Finance Committee. Any Town Board or voter may amend the motion for consideration and deliberation of the meeting. All motions must be seconded by a voter other than the person offering the main motion and only then may discussion and debate begin. 2. Any voter wishing to address the meeting must first gain the attention of the Moderator when no other speaker has the floor. Public microphones are to be utilized, where a speaker seeking to be recognized, being courteous to others and those next in line, will call out to be heard by addressing the Moderator. Speakers must introduce themselves 3 using their full name and street address each time speaking at a session of Town Meeting. 3. Once recognized by the Moderator, a speaker is given a turn to speak for up to five (5) minutes and must address the meeting on only the article currently under discussion. Voters not doing so or speaking in a disrespectful fashion may be suspended from speaking on the matter at the discretion of the Moderator. Additional time can be granted by assent of the meeting, by prior arrangement with the Moderator, and at the discretion of the Moderator. Questions are welcome, as well as statements endorsing a position. A voter with a question will take precedence over anyone stating an opinion of support or non-support for an article. 4. Any person who has a financial interest in any article under discussion shall make a disclosure of that interest before speaking. Any person who is a spouse, parent, grandparent, child, brother, sister, or in-law of a person who has a financial interest in an article shall also disclose such relationship before speaking. The employment, whether paid or unpaid, of any person acting as an attorney, engineer, architect, land surveyor, broker, consultant, agent or in any other capacity by a person interested in the article under discussion, shall be disclosed before that person speaks. Violation of such disclosure, or refusal to disclose the required information, if asked, shall result in revocation of the Disclosure is not generally required of voters who are utilizing and/or are beneficiaries of Town services such as, for example, public safety, public works and public utilities, or parents of children in public schools. However, if the speaker has a personal financial interest beyond what is reasonably available to all eligible citizens then disclosure is required. 5. Town employees and/or appointed or elected officials are required to identify their position and whether or not they are speaking in an official capacity. Such identification shall satisfy the disclosure requirement unless there is a specific matter under discussion that does not involve their official capacity as an employee, appointed or elected official. A blanket initial identification, upon the first opportunity to speak, is acceptable for each session of the meeting unless the individual is not speaking in an official capacity. In such case, the speaker shall be compelled to make a disclosure. 6. All remarks should be addressed to and through the Moderator, for the benefit of all attendees. Direct questioning of others is not permitted. Questions may be directed, through the Moderator, to any petitioner, speaker or official and, if determined germane by the Moderator, the person asked will have the immediate opportunity to answer should they choose. 7. An amendment, changing or limiting the main motion, can be offered during the course of debate. The Moderator may rule an amendment out of order if it is beyond the scope of the warrant article. The Moderator will redirect the discussion to consider the proposed amendment once it is properly before the meeting. Specific wording of any proposed amendment must be made available in writing to the Moderator and Town 4 Clerk before it can be considered. The party proposing such motion shall concisely state, to the meeting, the consequence of the amendment on the existing main motion and/or article being considered. Should reference or context be necessary to provide the meeting with full understanding of the amendment then this shall be allowed at the 8. Respectful deliberation and debate are fundamental to Town Meeting. The Moderator may seek to establish a time limit on a specific article as a guide to the meeting in order to budget time and discussion. The Moderator will discourage repetitious statements. In due course it will become apparent that sufficient information has been presented and voters are ready to make their decision and the Moderator shall so rule. Motions to move the question to a vote are in order and are not generally subject to debate. A discretion, such motion may not be allowed and/or may be subject to debate, particularly if the motion to close debate would restrict informed consideration of the entire meeting and/or comes before an appropriate discussion has taken place on the main motion. 9. Votes are taken by two methods and declared to be complete by the Moderator when results are announced. The Moderator is empowered to make declaration of two-thirds (2/3), four-fifths (4/5), or other majority. If the determination of a voice vote is doubted, a request by at least seven (7) voters, either rising or standing in place, will mandate the Moderator to request a counted vote. Issues requiring a two-thirds (2/3), four-fifths (4/5), or other majority will be clearly identified to the meeting at the time the article is presented and again at the time of the vote. Articles that require greater than majority votes may be taken by voice and/or a limited counted vote for the efficient conduct of the meeting. 10. There may be no distribution of handouts within the confines of the meeting place at any time during conduct of the Town Meeting. Handouts or other materials may be distributed outside the meeting hall before the check-in stations or placed on the table reserved for such materials by the Town Clerk. It is strongly encouraged that all materials clearly state the author and/or person(s) responsible for the content of the material. 5 Addendum A Advisory on Electronic and Other Visual Presentations Any speaker at Town Meeting wishing to utilize an electronic or other visual presentation must abide by this advisory as well as adhere to all rules regulating conduct of any speaker. The use of electronic/visual presentations are limited to provide necessary information that is not easily conveyed in verbal form, such as maps, graphs, charts and photos. The propriety of use is to improve the clarity of information given to the meeting. The Moderator will encourage consolidation of presentation material to benefit the attending voters, and to ensure balance during the debate. Electronic/visual presentations by Town agencies, with similar recommendations on an article, are encouraged to consolidate electronic/visual presentations into a single presentation. That presentation, scheduled with the Moderator at least one week prior to a Town Meeting, may utilize up to 15 minutes, with the intent that it will reduce the time needed for multiple presentations and follow-on comment and response. The discretion. Electronic/visual presentations by any citizen must also be coordinated with the Moderator at least one week prior to Town Meeting. All voters in attendance must be able to see and hear any presentation made, regardless of where they are seated in the venue. If this standard cannot be met then the presentation shall not be allowed as no voter, by happenstance of proximity to any presentation, shall have an advantage of more easily viewing any presentation over any other voter. Equipment availability is the responsibility of the petitioner/ presenter. Technical assistance and arrangements for display equipment must be coordinated with the Town Clerk and Moderator, at least one week before the meeting. Computers, projectors and screens may be available. Use of an overhead projector is not allowed. Equipment malfunction or any other reason for lack of ability to use any planned electronic or other visual display will not invalidate consideration of the article or keep the body from considering the motion. It becomes the responsibility of the petitioner/presenter to present arguments in another form within the rules of the Town Meeting. 6 Addendum B Glossary of Town Meeting Terms and Participants Town Meeting Town Meeting is the duly-called meeting in which all registered voters are eligible to participate. -law amendments, and other matters affecting the Town are decided. An Annual Town Meeting is held in the spring to decide issues for the following fiscal year, which begins in July. A Special Town Meeting may be called at any time to deal with issues that cannot wait for the next Annual Meeting. A Special Town Meeting is called by vote of the Selectmen or if two hundred (200) voters sign a petition requesting one. Warrant The Warrant is the official public notice of business to be considered at Town Meeting. It will be publicly posted throughout the Town, set a time and place for the meeting, and contain one or more articles. Once the warrant is opened by the Selectmen, articles may be submitted until the stated deadline. Article An Article is the self-described characterization of an issue to be decided at the meeting and must be clearly defined by the petitioner or sponsor. The content of the article must be clearly and completely explained so that voters will fully understand the context and meaning of the article. scope The of each article sets the bounds of actions that may be taken. Amendments or motions outside the scope of issues and/or actions presented in the article at the time of posting of the Warrant may not be considered at the meeting. Articles are submitted by Town Boards or agencies, citizen petitions of ten (10) registered voters at Annual Town Meeting, or one hundred (100) registered voters at Special Town Meeting. Main Motion A Main motion is required for the meeting to act on a given article and must be within its scope. Finance Committee discussion to proceed; a favorable recommendation from the will be taken as a main motion, to be then seconded by an individual at the meeting. Affirmative rather than negative main motions are preferred to avoid voter confusion. Amendments Amendments may be offered to a main motion, debated and then accepted or rejected. All amendments must be submitted to the Moderator in writing. Individual amendments will be considered in the normal course of business, in turn. Amendments to amendments will be actively discouraged clarity to the issue under consideration. Upon all secondary motions having been voted, voters will return to discussion and vote on the main motion, whether amended or not. 7 Reconsideration Reconsideration of an action under any single or multiple article(s) may be proposed only once upon the conclusion of any article and prior to the commencement of the next. Whether offered for reasons of clarity or tactic to preclude reconsideration of votes already taken, the introduction of a motion to reconsider should not be done lightly as once reconsideration is denied, the decision on an article cannot be reversed or altered. However, Town By-law provides the Moderator discretion, for reasons which he shall state to the meeting, to allow a second motion for reconsideration of any action taken by any Town Meeting during that meeting or any previously adjourned session. Adjournment A motion of adjournment requires the meeting to convene at a certain future time, date and place. Dissolution Dissolution is the final act of a meeting. All issues will have concluded, and future discussion will require another separate meeting and duly posted warrant. Responsible Parties : Voters Voters are the ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials, with the exception of resolutions or advisory articles. Moderator The Moderator is the person elected and responsible for the conduct of the meeting. Establishment of rules, procedural rulings, conduct of debate, and voting are vested solely in the Moderator. Town Clerk The Town Clerk is appointed by the Town Manager and is responsible for distributing notices of any Town Meeting, keeping all public records associated with the meetings, and producing the of debate and voting, and are used in formal enactment of local By-law. Selectmen The Board of Selectmen is an elected body responsible for calling the meeting and setting the between Town Meetings and oversee its management through the appointed Town Manager. School Committee The School Committee is an elected body responsible for setting policy and directing management of the schools, through its appointed Superintendent of Schools. Finance Committee The Finance Committee is appointed by the Moderator and is responsible for specific recommendations to the Town Meeting on financial and certain other articles. This body of 8 citizens has the obligation to investigate finance related articles proposed to the meeting and make independent recommendations in the best financial interest of the Town. Planning Board The Planning Board is appointed by the Town Manager and is responsible for administering the -law. This Board is required to hold hearings and make recommendations on articles which affect zoning or environmental issues. Town Counsel legal rulings and advise the meeting when that advice is needed. Executives, Staff and Committees Many other participants have strong interest in assuring the success of Town Meeting. They propose issues, explain interests and supply information to the voters. Included in this group are the Town Manager, Superintendent of Schools, Town Accountant, Department Heads, and various other Town Committees. Operating Staff Significant effort is made to properly organize and operate Town Meeting. Town staff and volunteers provide the necessary support to conduct each Town Meeting and include Registrars of Voters, Voter Check-in Clerks, Counters, Public Safety Officers and Facilities Personnel of the building in which the meeting is held. 9 Addendum C Town Bylaw Affecting Town Meeting Chapter 59 § 59-1 Adjournment. 14 When a Town Meeting shall be adjourned to a time certain that is more than fourteen () days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such 3 adjourned meeting to be duly posted in three () or more public places in each precinct in the town 2 two () days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. § 59-2 Quorum. There is no quorum requirement for Annual or Special Town Meetings. § 59-3 Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. § 59-4 Secret Ballots. Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the 25% affirmative vote of at least twenty-five percent () of the voters present at said Annual or Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian (secret) ballot. § 59-5 Information Required for Consideration of Articles. A. The sponsor of any Article requiring the raising and/or appropriation of town funds shall provide to the Town Manager and to the Finance Committee the following information: 1. Total estimated dollar cost of the Article including: a. Start-up costs. b. Reoccurring annual costs, including any increase in personnel and/or equipment purchases. c. Source of estimate. 2. Estimate of any possible revenues the project might generate. 3. Proposed source and/or mechanism for funding. 4. Reason(s) for the request, including but not limited to need. 5. Population group most likely to benefit or be affected by the project. 6. Possible alternatives to the requested proposal. 7. Schedule or time frame for completion of the project. 8. Any motions that would be introduced to support the Article as submitted. B. 2 This information shall be provided within two () days after the final fixed date for receiving Articles into the warrant for the Annual or any Special Town Meetings. 10 § 59-6 Annual Town Meeting The Board of Selectmen shall vote to set the date of the Annual Town Meeting in accordance with Chapter 39 §9 of Massachusetts General Laws. Chapter 39 also permits the Board of Selectmen to postpone by vote an Annual Town Meeting. Any such postponement shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon. § 59-7 Votes to be Declared by the Moderator The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. 11 2017 ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Annual Finance Committee Report to Voters 2017 Message from the Town Moderator Simplified Rules of Parliamentary Procedure WARRANT FOR ANNUAL TOWN MEETING Page Article 1 Reports of Special Committees Article 2 Reports of Receipts and Expenditures GENERAL ARTICLES Article 3 Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years Article 4 Authorization to Accept Grants of Easements Article 5 Authorization to Grant Easements Article 6 Citizen Petition-Petition the General Court-Age Exemption-Nicholas L. Martone-Firefighter Article 7 Citizen Petition-Petition the General Court-Age Exemption-J. Adam Stagno- Police Officer Article 8 Citizen Petition-Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities Article 9 Citizen Petition Authorization of the Town Manager and Board of Selectmen to negotiate and execute a Host Community Agreement with Proposed Medical Marijuana Cultivation Facility Article 10 Citizen Petition-Amendment of Zoning Map to Include Expanded Medical Marijuana Overlay District Article 11 Citizen Petition- FINANCIAL ARTICLES Article 12 Set Salaries and Compensation of Elected Officials Article 13 Continue and Approve Revolving Funds Article 14 Approve Payment of Prior Years Unpaid Bills Article 15 Appropriation General Fund for Fiscal Year 2018 Article 16 Appropriation Water Enterprise Fund for Fiscal Year 2018 Article 17 Appropriation Sewer Enterprise Fund for Fiscal Year 2018 Article 18 Appropriation Stevens Estate Enterprise Fund for Fiscal Year 2018 Article 19 Appropriation Capital Improvement Plan for Fiscal Year 2018 Article 20 Transfer to Stabilization Article 21 Transfer to Capital Stabilization Article 22 Transfer of funds from Free Cash to Other Post- Employment Benefits (OPEB) Liability Trust Fund 12 Article 23 Transfer of funds from Other Post-Employment Benefits (OPEB) Stabilization Fund to Other Post-Employment Benefits (OPEB) Liability Trust Fund Article 24 Report of the Community Preservation Committee Appropriation from Community Preservation Fund Article 25 Amend Zoning Map Map 009.0-074-0000.0 (24 Baldwin Street) Article 26 Amend Zoning Map Corridor Development District 3 (CDD3) Article 27 Amend the North Andover Zoning Bylaw - Section 10 - Administration Article 28 Amend the North Andover Zoning Bylaw-Section 8-Supplemental Regulations WARRANT FOR SPECIAL TOWN MEETING Article 1 Transfer funds from Special Education Stabilization Fund to Fiscal Year 2017 School Department Budget 13 Annual Town Meeting Warrant May 16, 2017 COMMONWEALTH OF MASSACHUSETTSESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street, Tuesday, May 16, 2017, at 7:00 PM then and there to act upon the following articles: Article 1: Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote CONSENT ARTICLES: Articles 2, 3, 4 and 5 may be considered by a single vote if there is no objection (requires unanimous consent) 14 Article 2: Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2016 Annual Town Report, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, §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, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote Article 4: Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Majority Vote 15 Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-thirds (2/3) Vote Article 6: Citizen Petition-Petition the General CourtAge Exemption Nicholas L. MartoneFirefighter. To see if the Town will vote to Petition the General Court to enact Legislation so that Nicholas L. Martone shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, notwithstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Nicholas L. Martone shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws and regulations of the civil service commission and any lawful hiring practices for the Town of North Andover. Petition of Nicholas L. Martone and others Board of Selectmen Recommendation: Vote required: Majority vote Article 7: Citizen Petition-Petition the General CourtAge Exemption J. Adam Stagno- Police Officer. To see if the Town will voteto Petition the General Court to enact Legislation so that J. Adam Stagno shall be eligible to have his name certified for original appointment to the position of police officer for the Town of North Andover, notwithstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. J. Adam Stagno shall be eligible for appointment to the position of police officer in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws, any regulations of the civil service commission, and any lawful hiring practices for the Town of North Andover. Petition of J. Adam Stagno and others 16 Board of Selectmen Recommendation Vote required: Majority vote Article 8: Citizen Petition Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8 Medical Marijuana Treatment Facilities, by making the following amendments to Subsections 8.12.1, 8.12.3, 8.12.4, 8.12.6(3)(c), 8.12.6 (4) and 8.12.6(6)(b) (by identifying text which is deleted as strikethrough and text added as underlined), as follows: 8.12.1. Establishment : The Medical Marijuana Overlay Di overlay district. The boundaries of the MMOD are shown on the Zoning Map on file with the Town Clerk and are described below. Within the MMOD, all requirements of the underlying district(s) remain in effect, except where these regulations provide an alternative to such requirements. Land within the MMOD may be used either for (1) a Registered Marijuana and/or (2) a use allowed in the underlying district (inclusive of any other overlay district), in which case the requirements of the underlying district shall apply. If the provisions of the MMOD are silent on a zoning regulation, the requirements of the underlying district shall apply. As to any RMD use, if If the provisions of the MMOD conflict with the requirements of the underlying district, the requirements of the MMOD shall control. 8.12.3 Boundaries: Boundaries of the MMOD are shown on the Zoning Map and shall include the follow 12, 13, 14, & 17; and that portion of Map 34 Parcel 17 shown on that MMOD Plan dated March __, 2017, attached hereto. 8.12.4 Definitions : where not expressly defined in the Zoning Bylaws, terms used in the MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana Act, M.G.L. c.94C, App. §1-1, et seq. and the Department of Public Health Regulations promulgated thereunder, 105 CMR 725.001, et seq., and otherwise by their plain language. in accordance with the Marijuana Act, but is not intended to include any facility that cultivates or handles cannabis for education, research or development pursuant to state or federal laws in conjunction with a state or federal agency or other lawful medical, hospital, educational or research institute or entity, which uses are not intended to be limited by this Section 8.12. 8.12.6(3)(c) . A copy of its Application of Intent for registration as an RMD from submitted to 8.12.6 (4). The SPGA shall, within five (5) days receipt, refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission, and the Department of Public Works. These boards/departments shall review the 17 application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition. 8.12.6(6)(b). No Medical Marijuana Facility which sells or dispenses marijuana to the public directly from its facility shall have a gross floor area of less than \[2,500\] square feet or in excess of \[20,000\] square feet. Any Medical Marijuana Facility which is in excess of 20,000 square feet shall not sell or dispense directly to the public from any location on such property. MMOD PLAN 18 Petition of Thomas E. Lee, et al Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two Thirds (2/3) Vote Article 9: Citizen Petition-Authorization of the Town Manager and Board of Selectmen to negotiate and execute a Host Community Agreement with Proposed Medical Marijuana Cultivation Facility. To see if the Town will vote to authorize the Town Manager and Board of Selectmen to negotiate and execute a Host Community Agreement with the owner of, and for, a medical marijuana cultivation facility proposed at the property located at Map 34, Parcel 17, commonly referred to as 1600 Osgood Street, North Andover upon such terms as the Town Manager and Board of Selectmen shall deem to be in the best interests of the Town, which shall include: (i) a payment by the property owner of an annual fee of at least $2.00 per square foot of permitted and constructed cultivation space, (ii) a payment by the property owner of an annual fee of $0.20 per square foot of permitted and constructed cultivation space to be used by the Town for athletic fields for North Andover Youth Sports, and (iii) a minimum term of ten (10) years, and to take such other actions as may be necessary to implement and administer such agreement, or take any other action relative thereto. Petition of Thomas E. Lee, et al Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two Thirds (2/3) Vote Article 10: Citizen Petition-Amendment of the Zoning Map to Include Expanded Medical Marijuana Overlay District. To see if the Town will vote to amend the Zoning Map of the Town of North Andover, Massachusetts by including in the Medical Marijuana Overlay District that portion of Map 34, Parcel 17 shown on that MMOD Plan dated March __, 2017, attached hereto. 19 MMOD PLAN Petition of Thomas E. Lee, et al Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two Thirds (2/3) Vote 20 Article 11: Citizen Petition. To see if the Town will vote WHEREAS, the current and increasing role of money in politics threatens the democratic ideals upon which our republic was founded; and WHEREAS , in an effort to restore voter confidence in our democracy, a non-partisan, grassroots movement known as "Represent .Us is working for legislative reforms to reduce the opportunity for corruption within the political system in our country by supporting a legislative reform bill known as the "American Anti-Corruption Act" (the Act), and WHEREAS, the Act targets bribery by preventing lobbyists from donating to politicians and offering them deals that could influence policymaking, ends secret money by mandating full transparency, enables citizens to fund elections, closes the "revolving door" between Congress and lobbying firms, and enhances the power of the Federal Election Commission. NOW, THEREFORE, BE IT RESOLVED by the legal voters of the Town of North Andover, Massachusetts that tough new anti-corruption laws as included in the American Anti-Corruption Act must be passed by the Massachusetts General Court as well as the US Congress to remove the corrupting influence of money on our political system. The Act prohibits politicians from taking campaign money from industries they regulate; increases transparency for campaign funding; empowers all voters through a tax rebate voucher to contribute to the candidates they support; prohibits representatives and senior staff from all lobbying activity for five years after leaving office; and places limits on superPACs. Petition of Eugene Saragnese, et al Board of Selectmen Recommendation: Vote required: Majority vote Article 12: Set Salaries and Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Massachusetts General Laws Chapter 41, §108 as follows, Board of Selectmen/Licensing Commissioners, per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 or to take any other action relative thereto. Board of Selectmen 21 Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote Article 13: Continue and Approve Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, §53E ½ for the Fiscal Year beginning July 1, 2017, 22 Revolving Fund Accounts AccountRevolving NumberFundAuthorized to SpendUse of FundsRevenue SourceFY 2018 Limit 12023Wheelabrator Director - Community Air quality monitoringWheelabrator Host $ 35,000 PlanningDevelopment Community Agreement 22024Wheelabrator Director - Community To enforce Trash Truck Wheelabrator Host $ 20,000 Public SafetyDevelopment regulationsCommunity Agreement 32025Health Dept. - Director - Community Food Consultant fees Inspection Fees$ 30,000 Food Development and expenses related to Inspectionsprogram 42026Health Dept. - Director - Community Septic Consultant fees Inspection Fees$ 20,000 Septic Development and expenses related to Inspectionsprogram 52027Field Director - Division of Field maintenance, Field rental fees, $ 5,000 MaintenancePublic Worksupgrade and related Grants, Donations, expensesand related Fundraising proceeds 62028Health Dept. Director - Community clinic supplies and other Clinic participant $ 30,000 RevolvingDevelopment related materialsfees, Grants, Donations, and related Fundraising proceeds 72029Youth and Director - Division of All programs and Participants' fees, $ 300,000 Recreation Public Worksactivities, expense, part Grants, Donations, Services time helpand related RevolvingFundraising proceeds 82030Elder ServicesDirector of Human Senior programs, Participants' fees, $ 25,000 - COA RevolServicesclasses and activitiesGrants, Donations, and related Fundraising proceeds 9Fire Fire ChiefAmbulance supplies and 21E $ 20,000 Departmentother related materialsReimbursements 10School SuperintendentCurriculumMedicaid $ 250,000 DepartmentReimbursements 11Storm water Director - Community Review, test and inspect Review Fees$ 50,000 BylawDevelopment Storm water reports Total: $ 785,000 23 Revolving Fund Account Receipts and Expenditures Receipts Expenditures AccountBalance FY16 FY16 Balance thru thru Number7/1/15ReceiptsExpenditures06/30/1602/28/1702/28/17Balance Revolving Fund $ 111,398$ 25,000$ (17,098)$ 119,301$ 25,000$ (9,086)$ 135,214 2023Wheelabrator 1 Planning $ 81,365$ 14,300$ (9,617) $ 86,049$ 11,900$ (3,461)$ 94,488 2024Wheelabrator 2 Public Safety $ 63,985$ 28,800$ (33,554)$ 59,231$ 11,060$ (23,680)$ 46,610 2025Health Dept - 3 Food Inspections 2026Health Dept - $ 10,405$ 26,751$ (26,097)$ 11,059$ 17,673$ (13,536)$ 15,195 4 Septic Inspections 2027Field $ 4,180$ 5,200 $ (3,780) $ 5,600$ -$ (3,936)$ 1,664 5 Maintenance $ 31,420$ 30,561$ (22,694)$ 39,287$ 3,009$ (14,424)$ 27,873 2028Health Dept 6 Revolving 2029Youth and $ 266,343$ 348,620 $ (288,068) $ 326,895$ 89,833$ (224,480)$ 192,249 7 Recreation Services Revolving $ 9,510$ 19,966$ (24,350)$ 5,126$ 12,731$ (10,809)$ 7,048 2030Elder Services 8 - COA Revol or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: This article authorizes the revolving funds shown above for certain Town departments under Massachusetts General Laws, Chapter 44, §53E½ for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018. 24 Article 14: Approve Payment of Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior year(s), by the respective department, using appropriations of the current fiscal year, Prior Year Invoices FY16 VendorAmountDepartment Human Resources Orthopaedics Northeast PC 65.91 Public Works Doctors Express 190.00 Police Doctors Express 125.00 Fire Access/AV 7,034.00 Fire Commonwealth of Mass Boiler 50.00 Library Commonwealth of Mass Boiler 50.00 School Commonwealth of Mass Boiler 1,450.00 School Acco 587.92 School Direct Energy 4,187.92 School Saint Ann's Home 46,936.08 School NRT Bus 3,937.50 School Crest 6,512.76 School Valley Collabrative 1,280.00 School Landmark 562.76 Stevens Est Pest End Inc 55.00 Stevens Est Verizon 226.96 CPA LandVest 5,086.63 78,338.44 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Four-fifths (4/5) Vote EXPLANATION: Any prior fiscal year unpaid bills must be approved by Town Meeting in order to be processed for payment. All listed bills will be paid from budget; no additional appropriation is needed. This type of Article has a special voting requirement of 4/5 th at an Annual Town Meeting. 25 Article 15: Appropriation General Fund for Fiscal Year 2018. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018, FY18 GENERAL FUND BUDGET Fiscal Year Fiscal Year Fiscal Year 20182018 2017 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend Revenues & Other Financing Sources Operating Revenues Property Taxes69,757,15172,961,36572,931,408 Local Receipts9,535,7119,986,9369,986,936 State Aid10,645,56910,645,56910,645,569 Operating Transfers1,588,3651,626,2401,652,326 Total Operating Revenues91,526,79695,220,11095,216,238 Other Fin. Sources Free Cash524,8170659,831 Overlay Surplus000 Others one time revenues000 Total Other Fin Sources524,8170659,831 Total Opr. Rev. & Fin Sources92,051,61395,220,11095,876,069 Operating Expenses GENERAL GOVERNMENT Town Moderator850850850 Selectmen/ Town Manager347,265354,922354,922 Human Resourse169,348174,865174,865 Town Accountant191,785240,353240,353 Finance Committee795800800 Treasurer/Collector 337,652338,077338,077 Assessing331,998342,953342,953 Legal165,000163,300163,300 Town Clerk343,012294,431294,431 Community Development299,281225,721225,721 Planning 164,834170,659170,659 Conservation122,408127,725127,225 Board of Appeals17,19019,98919,939 Salary Reserve31,09100 2,522,5092,454,6442,454,094 26 Fiscal Year Fiscal Year Fiscal Year 20182018 2017 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend PUBLIC SAFETY Police Department5,032,5125,140,4005,137,463 Fire Department5,154,4235,284,1605,308,160 Public Safety Salary Reserve17,627134,417134,417 Inspectional Services295,058296,348295,348 Emergency Management41,57134,18234,182 10,541,19110,889,50710,909,570 EDUCATION N A Public School45,226,14147,035,18747,035,187 Full Day Kindergarten 000 Special Education000 45,226,14147,035,18747,035,187 PUBLIC WORKS Administration447,827463,135463,135 Street & Sidewalks944,073968,893968,893 Solid Waste/Recycling1,330,4991,321,4561,321,456 Fleet Maintenance405,478413,200413,200 Structures & Grounds587,920602,228602,228 Salary Reserve13,69400 Snow & Ice Removal890,500934,500934,500 4,619,9914,703,4114,703,411 HEALTH & HUMAN SERVICES Health Department227,807226,270234,325 Elder Services268,864273,013273,013 Youth Service321,860331,050331,050 Veterans Service416,340412,114413,487 Salary Reserve10,50700 1,245,3771,242,4471,251,875 CULTURE & RECREATION Stevens Library1,011,0301,032,4101,042,157 Salary Reserve13,00500 1,024,0351,032,4101,042,157 SUPPORT SERVICES Admin Support131,68661,86361,863 Outside Auditing55,00055,00055,000 Information Technology1,247,7981,289,1631,277,163 Structures and Grounds312,303319,613319,613 Salary Reserve13,56700 1,760,3541,725,6381,713,638 27 Fiscal Year Fiscal Year Fiscal Year 20182018 2017 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend DEBT SERVICE Excluded - Principal - Long Term1,745,0001,795,0001,795,000 Excluded - Interest - Long Term177,516116,606116,606 Excluded - Interest - Short Term000 Included - Principal - Long Term3,273,9023,590,9993,590,999 Included - Interest - Long Term1,011,9711,010,2761,010,276 Included - Interest - Short Term000 6,208,3896,512,8826,512,882 EMPLOYEE BENEFITS Retirement Assessment4,432,1914,763,7874,763,787 Workers Comp393,655508,987508,987 Unemployment Compensation75,00075,00075,000 Group Insurance10,585,01111,194,41411,241,433 Payroll Taxes700,000735,000735,000 Police & Fire Accident & Sickness Inc.135,850100,300100,300 16,321,70717,377,48717,424,507 LIABILITY INSURANCE 420,000420,000420,000 MISC. NON DEPARTMENTAL COST Regional Schools - Greater Lawrence Tech454,589447,859447,859 Regional Schools - Essex Agricultural School140,370223,392223,392 School Building Committee000 OPEB Trust50,00050,00050,000 Payroll Reserve (27th Payroll)000 644,959.79721,251721,251 Total Non - Departmental Cost23,595,05625,031,62025,078,639 Annual Town Meeting Vote 90,534,65494,114,86494,188,572 28 Fiscal Year Fiscal Year Fiscal Year 20182018 2017 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend CAPITAL & RESERVES Finance Committee Reserve000 Transfer to Stabilization Fund60,0170159,831 Transfer to Capital Stabilization Fund350,0000350,000 Transfer to OPEB Trust 00150,000 Transfer to Capital Projects114,80000 Transfer to Special Education Stabilization000 Deficits ( Snow and Ice)000 Deficits (overlay)000 Overlay558,150550,000550,000 1,082,967550,0001,209,831 STATE ASSESSMENTS Spec Ed18,37512,53712,537 Mosquito Control101,32694,64194,641 Retired Teachers Health Insurance000 Air Pollution Districts9,6299,6969,696 Regional Transit192,676218,300218,300 RMV Non Renewal Surc18,58020,24020,240 School Choice26,80034,10034,100 Charter School Assessment66,60688,15388,153 Essex County Agricultural Assessment000 433,992477,667477,667 General Fund Budget92,051,61395,142,53195,876,069 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD $ 148,536.81 FROM FREE CASH$ 659,831.00 $ 808,367.81 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote 29 EXPLANATION: This Article is the Fiscal Year 2018 appropriation of funds for the Town a statement on how we choose to allocate the limited collective resources that exist. The operating budget enables the day-to-day operation functioning of the town by paying for recurring expenditures for programs and services, employee salaries, rents, utilities, supplies, insurance and debt service. The Library, Schools, Police Department, Fire Department, Elder Services and dozens of other town departments rely on this funding to provide services to you on a daily basis. The level of funding, and the choice of how we allocate that funding at Town Meeting determines the level of services that visitors, residents and businesses receive in the coming year. The operating budget consists of local aid received from the Commonwealth, our local taxes (property, excise and business) and other fees collected by the Town. All Town activities, not specifically directed to other accounts such as Water or Sewer Enterprise Funds, are paid through this appropriation. Rather than being asked to vote on each line item, Town Meeting is asked to vote on the various sub-totals listed below reflecting the overall budget for each category. By approving the sub-totals, rather than individual line items, the Town Manager will have spending flexibility within those programs so long as the Town Manager does not exceed the sub-total amount for the category. A majority of the Town Meeting has the right to vote on individual line items (or in fact, further subdivide them) if so inclined (although this would limit the General Government $ 2,454,094 Public Safety $ 10,909,570 Education $ 47,035,187 Snow and Ice Removal $ 934,500 All Other Public Works $ 3,768,911 Health & Human Services $ 1,251,875 Culture & Recreation $ 1,042,157 Support Services $ 1,713,638 Debt Service $ 6,512,882 Employee Benefits $ 17,424,507 Liability Insurance $ 420,000 Regional Schools $ 671,251 Other (OPEB Trust) $ 50,000 30 Article 16: Appropriation Water Enterprise Fund for Fiscal Year 2018. To see if the Town will vote to appropriate the amount of $5,731,67 in aggregate, for the purpose listed under column "FY18 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018; without regards to individual line items, and to operate the Water Enterprise Fund, that $5,731,607 be raised from Water receipts and from these receipts $969,966 be transferred to the General Fund for indirect cost and $1,212,500 to Capital Projects, WATER ENTERPRISE FY18 Recommendation FY18Town Manager FY17DepartmentBoard of Selectmen BudgetRequestFinance Committee Personnel 928,164963,705963,705 Expense 1,572,7521,585,8761,585,876 Debt Service 1,022,670999,561999,561 Sub-Total Direct Expenditures 3,523,5863,549,1423,549,142 Transfer to Capital Projects 475,0001,212,5001,212,500 Admin/Indirect 946,308969,966969,966 Total Water Enterprise4,944,8945,731,6075,731,607 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund. The fund is supported by water usage charges. The water rate is set by the Board of Selectmen and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the consumption of water by the users. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. In addition a transfer from retained earnings in the amount of $ 1,212,500 is recommended to cover pay-as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the water department according to projected needs. 31 Article 17: Appropriation Sewer Enterprise Fund for Fiscal Year 2018. To see if the Town will vote to appropriate the amount of $4,660,231 in aggregate, for the purpose listed under the 8 Recommendation: Town Manager, Board of Selectmen, Finance Committee the Fiscal Year beginning July 1, 2017 and ending June 30, 2018; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,660,231 be raised from sewer receipts and from these receipts $456,454 be transferred to the General Fund for indirect expenses and $100,000 to Capital Projects, SEWER ENTERPRISE FY18 Recommendation FY18Town Manager FY17DepartmentBoard of Selectmen BudgetRequestFinance Committee Personnel 377,929390,315390,315 Expense 305,010309,420309,420 GLSD Assessment 2,000,0002,100,0002,100,000 Debt Service 1,344,4331,304,0421,304,042 Sub-Total Direct Expenditures4,027,3714,103,7774,103,777 Transfer to Capital Project 150,000100,000100,000 Admin/Indirect 445,321456,454456,454 Total Sewer Enterprise4,622,6924,660,2314,660,231 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION:The purpose of this article is to fund the Sewer Enterprise Fund. The Fund is supported by sewer usage charges. The sewer rate is set by the Board of Selectmen and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the use of sewer services by residents and businesses. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Sewer Department and are expensed through the General Fund, or operating budget. In addition a transfer in the amount of $100,000 from retained earnings is recommended to cover pay- 32 as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the department according to projected needs. Article 18: Appropriation Stevens Estate Enterprise Fund for Fiscal Year 2018. To see if the Town will vote to appropriate the amount of $521,731 in aggregate, for the purpose listed under the column "FY18 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $521,761 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $77,369 be transferred to the General Fund for indirect expenses and $110,000 be transferred from Retained Earnings to Capital Projects, STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY18 Recommendation FY18Town Manager FY17DepartmentBoard of Selectmen BudgetRequestFinance Committee Personnel 143,162151,442151,442 Expense 157,508298,109182,950 Debt Service 000 Sub-Total Direct Expenditures 300,670449,551334,392 Transfer to Capital Project 125,000110,000110,000 Admin/Indirect 50,03251,28377,369 Total Stevens Estate Enterprise475,702610,834521,761 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: The purpose of this article is to appropriate funds to operate the Stevens Estate at Osgood Hill. Fees charged to individuals and groups using the facility and grounds for private events support the Estate. In addition a transfer in the amount of $110,000 from retained earnings is recommended to cover pay-as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the department according to projected needs. 33 Article 19: Appropriation Capital Improvement Plan for Fiscal Year 2018 . To see if the Town will vote to fund the Capital Improvement Program and with the language included, 34 FY18 CIP Recommendations Board of SelectmenAuthorized to Other Funding Finance CommitteeSourcesBorrow under Retained (Grants, Chapter Earnings/ Free Town Manager 90, CPA & Spec Raise & Cash/CIP Excess bond Line #Project DescriptionRecommendationsRev)AppropriatedStabilizationProceedsChapter 44 Facilities Master Plan $ 6,647,500$ - $ - $ (4,000,000)$ - $ 2,647,500 1 Playground Improvements (Townwide) $ 50,000$ - $ - $ (50,000)$ - $ - 2 Municipal IT (FY18-FY22) $ 50,000$ - $ - $ (50,000)$ - $ - 3 Forestry Vehicle $ 65,000$ - $ - $ (65,000)$ - $ - 4 Roadway Improvements (FY18-FY22) $ 1,210,000$ (820,000) $ - $ -$ - $ 390,000 5 Sidewalks (FY18-FY22) $ 75,000$ - $ - $ -$ (28,765) $ 46,235 6 Water & High Street Lights,Road & Streetscape (FY18) $ 475,000$ - $ - $ -$ - $ 475,000 7 Building Maintenance (FY18-FY22) $ 225,000$ - $ - $ -$ - $ 225,000 8 Sport-Turf Field Surface Replacement $ 750,000$ - $ - $ (750,000)$ - $ - 9 School IT (FY18-FY22) $ 100,000$ - $ - $ -$ (22,123) $ 77,877 10 General Fund Total$ 9,647,500$ (820,000) $ - $ (4,915,000)$ (50,888) $ 3,861,612 Ozone System $ 2,200,000$ - $ - $ (1,212,500)$ (94,381) $ 893,119 11 Chemical Storage Tank & Feed System Improv. $ 225,000$ - $ - $ -$ 225,000 12 Water Enterprise Fund Total $ 2,425,000$ - $ - $ (1,212,500)$ (94,381) $ 1,118,119 Improvements to various Pump Stations $ 100,000$ - $ - $ (100,000)$ - $ - 13 Sewer Enterprise Fund Total$ 100,000$ - $ - $ (100,000)$ - $ - Main House Boiler & Plumbing Improvements $ 75,000$ - $ - $ (75,000)$ - 14 Exterior Infrastructure/Grounds Improvements $ 35,000$ - $ - $ (35,000)$ - 15 Stevens Estate Fund Total $ 110,000$ - $ - $ (110,000)$ - $ - Total All Funds$ 12,282,500$ (820,000) $ - $ (6,337,500)$ (145,269) $ 4,979,731 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow, $4,979,731 for the appropriations, or portions there of under items 1,5,6,7,8,10,11 and 12 under chapter 44 of the Massachusetts General Law or any other enabling authority and that any premium received by the Town upon the sale of any bonds or notes approved by this vot, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount; (2) The appropriations for items 1, 2, 3 and 4 above shall be funded with Free Cash in the amout of $4,165,000; (3) The appropriation for item 9 above shall be funded with a transfer from Capital Stabilization Fund in the amount of $750,000; (4) The appropriation's for items 6 and 10 above shall be partially funded with excess bond proceeds in the amount of $50,888; (5) The appropriation for item 11 above shall be funded with Water Enterprise fund retained earnings in the amount of $1,212,500 and excess bond proceeds in the amount of $94,381; (6) The appropriation for item 13 above shall be funded with Sewer Enterprise fund retained earnings in the amount of $100,000 (7) The appropriation's for items 14 and 15 above shall be funded with Stevens Estate Enterprise fund retained earnings in the amount of $110,000; 35 or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Planning Board Recommendation: Vote Required: Two-thirds (2/3) Vote EXPLANATION: A Capital Improvement Plan (CIP) consists of projects that are major, non-routine expenditures for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure with an estimated useful life of five years or more, and a cost of $25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments over that term. The bonds may be general obligation (funded by the general tax levy) or special obligation (funded by water or sewer rates). Article 20: Transfer to Stabilization. To see if the Town will vote to transfer $159,000.00 from available funds or free cash into the Stabilization Fund, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Two-thirds (2/3) Vote EXPLANATION: This Stabilization Fund. The amount requested allows the Town to comply with the provisions of the Financial Reserve Policies to maintain a total fund balance of 5% of General Fund Revenues. This is a fund designed to accumulate amounts for future spending purposes, although it may be appropriated for any lawful purpose (MGL c40, §5B). Communities may establish one or more stabilization funds for different purposes and may appropriate into interest shall be added to and become a part of the funds. A two-thirds vote of Town Meeting is required to establish, amend the purpose of, or appropriate money from the stabilization fund. 36 Article 21: Transfer to Capital Stabilization. To see if the Town will vote to transfer $350,000.00 from available funds or free cash into the Capital Stabilization Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Two-thirds (2/3) Vote EXPLANATION: This capital savings account, called the Capital Stabilization Fund. This is a fund designed to accumulate amounts for future capital spending purposes. Communities may establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to part of the funds. A two-thirds vote of Town Meeting is required to establish, amend the purpose of, or appropriate money from the stabilization fund. Article 22: Transfer of funds from free cash to Other Post- Employment Benefits (OPEB) Liability Trust Fund. To see if the Town will vote to transfer a sum of $150,000 from available funds or free cash into the Other Post-Employment Benefits (OPEB) Liability Trust Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: The Other Post-Employment Benefits (OPEB) Liabilities Trust Fund was established by vote of Annual Town Meeting of 2010 to reserve funds to offset the liability resulting from providing health insurance benefits to employees after they retire. 37 Article 23: Transfer of funds from Other Post-Employment Benefits (OPEB) Stabilization Fund to Other Post- Employment Benefits (OPEB) Liability Trust Fund. To see if the Town will vote to transfer a sum of $500,000 from the Other Post-Employment Benefits (OPEB) Stabilization Fund into the Other Post-Employment Benefits (OPEB) Liability Trust Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: The Other Post-Employment Benefits (OPEB) Liabilities Trust Fund was established by vote of Annual Town Meeting of 2010 to reserve funds to offset the liability resulting from providing health insurance benefits to employees after they retire. Initially the Finance Committee and the Town Manager were unable to reach consensus on the best way to fund this Trust Fund so the Other Post-Employment Benefits (OPEB) Stabilization Fund was created in 2013 to reserve funds to address the OPEB liability until a plan could be developed on how to fund the Trust Fund. The Financial Reserve Policies adopted by the Finance Committee, Town Manager, and Board of Selectmen in 2015, and revised and adopted in 2016, set out that plan. Therefore, the recommendation of the Town Manager is to transfer funds from the OPEB Stabilization Fund to the OPEB Trust Fund. Article 24: Report of the Community Preservation Committee Appropriation from Community Preservation Fund. 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, or to take any other action relative thereto. List of Approved Projects Community Preservation Fund Description Amount Category Total for Requested Projects $ 38 Community Preservation Committee Board of Selectmen Recommendation: Finance Committee Recommendation: Planning Board Recommendation: Vote Required: Two-thirds (2/3) Vote EXPLANATION: The Community Preservation Act (CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA, adopted at a Special Town Meeting in January 2001, and by the voters at the Town Election in March 2001, levies a 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property is exempted, and a complete exemption on property owned and occupied by people who qualify for low-income housing or low- or moderate-income senior housing. The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories of a) open space; b) historic preservation; c) affordable housing; and d) land for recreational use, with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. North Andover received matching funds equal to $ or % in FY17 from the Commonwealth. Article 25: Amend Zoning Map Map 009.0-074-0000.0 (24 Baldwin Street). To see if the Town will vote to amend the Zoning Map for the Town of North Andover to rezone a certain parcel of land to properly depict the Residential 4 (R4) zoning district originally approved by Article 40 of the 1997 Annual Town Meeting, shown as Lot C-1 containing 13,700 sq. ft. on Plan #12900 at the North Essex Registry of Deeds, and which is on file with the Town Clerk, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two Thirds (2/3) Vote 39 EXPLANATION: This Article amends the Zoning Map to properly reflect a parcel of land as Residential 4, which was previously approved pursuant to Article 40 of the 1997 Annual Town Meeting but which was not reflected on an amended Zoning Map. (See Map following.) Article 26: Amend Zoning Map Corridor Development District 3 (CDD3). To see if the Town will vote to amend the Zoning Map for the Town of North Andover to rezone certain parcels of land to properly depict the Corridor Development District 3 (CDD3) originally approved within the CDD3 by Article 38 of the 2008 Annual Town Meeting, shown as a portion of the shaded area with the Town Clerk, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: 40 Vote Required: Two Thirds (2/3) Vote EXPLANATION: This Article amends the Zoning Map to properly reflect parcels which were originally included within the Corridor Development District 3 adopted pursuant to Article 38 of the 2008 Annual Town Meeting but which were inadvertently altered when the Zoning Map was re-codified by adoption of Article 34 of the 2013 Annual Town Meeting. (See Map following.) 41 Article 27Amend the North Andover Zoning Bylaw - Section 10 - Administration. : To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 10 - Administration, by making the following amendment to Subsection 10.57 Effect of Subsequent Amendments (by identifying text which is deleted as strikethrough and text added as underlined), as follows: 10.57 Effect of Subsequent Amendments In the case of amendments to this Bylaw or changes in the districts or boundaries subsequent to the date this Bylaw becomes effective, the right to continue the use or maintenance of any building, structure, or premises which was lawful when such amendment or change, except as provided by statute, specifically: that construction or operations under a building permit or Special Permit shall conform to any subsequent amendment unless the use or construction is commenced within a period of not less than six (6) months not more than twelve (12) months after the issuance of the permit (the date of issuance shall be considered to be the date on which the building permit was issued or in the case of a Special Permit, the date on which the Planning Board special permit granting authority voted takes final action) and in cases involving construction, unless such construction is contained continued through to completion as continuously and expeditiously as is reasonable. Or take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two Thirds (2/3) Vote EXPLANATION: This Article proposes to amend Section 10 - Administration. M.G.L. c. 40A, sec. 6 was recently amended to require a zoning bylaws to extend the time within which a building permit or special permit must be exercised without having to comply with a subsequent zoning amendment. Article 28: Amend the North Andover Zoning Bylaw- Section 8- Supplementary Regulations. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8-Supplemental Regulations, by adding Section 8.13 to read as follows: Temporary Moratorium on Recreational Marijuana Establishments and Section 8.13. Retailers Purpose 8.13.1 42 (1) By vote at the State election on November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. The law provides that it is effective on December 15, 2016 and the Cannabis Control Commission is required to issue regulations regarding implementation by September 15, 2017. By vote of the Legislature, the time to issue the regulations was extended until March 15, 2018. (2) Currently under the Zoning Bylaw, Recreational Marijuana Establishments and Marijuana Retailers are not a permitted use in the Town and any regulations promulgated by the State Cannabis Control Commission are expected to provide guidance to the Town in regulating Recreational Marijuana Establishments and Marijuana Retailers. Further, the ballot measure establishes an important provision that authorizes the Town to vote to consider whether to allow on-site consumption of marijuana products, whether to prohibit the operation of one or more types of marijuana establishments in the Town or whether to prohibit all such establishments. The regulation of Recreational Marijuana Establishments and Marijuana Retailers raise novel and complex legal, planning, and public safety issues and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and Marijuana Retailers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and other uses related to the regulation of recreational marijuana. (3) The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments and Marijuana Retailers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the Zoning Bylaw in a manner consistent with sound land use planning goals and objectives. Definitions 8.13.2. (1) Manufacture: to compound, blend, extract, infuse or otherwise make or prepare a marijuana product. (2) Marijuana accessories: equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body. (3) Marijuana cultivator: an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers. (4) Marijuana establishment: a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business. (5) Marijuana product manufacturer: an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to 43 marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers. (6) Marijuana products: products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures. (7) Marijuana testing facility: an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants. (8) Marijuana retailer: an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers. Temporary Moratorium. 8.13.3. For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for Recreational Marijuana Establishments and Marijuana Retailers. The moratorium shall be in effect through June 30, 2018. During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town, consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments and Marijuana Retailers and related uses, determine whether the town shall restrict any, or all, Recreational Marijuana Establishments and Marijuana Retailers, determine whether the town will prohibit on-site consumption at Recreational Marijuana Establishments and Marijuana Retailers and shall consider adopting new provisions of the Zoning Bylaw to address the impact and operation of Recreational Marijuana Establishments and Marijuana Retailers and related uses. Severability 8.13.4. . The provisions of this By-law are severable. If any provision, paragraph, sentence, or clause of this By-law or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or appl take any action relative thereto. or to take any other action relative thereto, Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two Thirds (2/3) Vote Explanation: The Board of Selectmen is requesting that the Zoning ByLaws be amended to place a moratorium on locating Recreational Marijuana Establishments and Retailers until June 30, 2018. The Moratorium will allow the Town sufficient time to consider creating zoning bylaws regulating the location and siting criteria of Recreational Marijuana Establishments and Retailers. As laid out in the initiative passed on November 8, 2016 and 44 extended by the legislature, the Cannabis Control Commission must set forth regulations on the sale and use of recreational marijuana by March 15, 2018. Due to this lag time and the failure of the law to describe the criteria by which the establishments will be evaluated for the purposes of obtaining licenses and the conditions of any such license, the Town is seeking a temporary moratorium on recreational marijuana establishments and retailers so that the Town can await guidance from the state on the various rules and regulations that will eventually be determined by the Cannabis Control Commission. This moratorium will expire on June 30, 2018. It is anticipated that the Town will repeal the temporary moratorium during the Annual Town Meeting of 2018 and replace it with an applicable zoning bylaw. An identical process was followed in 2013 when the Town enacted a temporary moratorium on medical marijuana dispensaries and replaced it with a zoning bylaw. 45 INSERT SIGNATURE PAGE 46 NOTES: 47 2017 SPECIAL TOWN MEETING WARRANT Special Town Meeting May 16, 2017 7:15 P.M. North Andover High School 430 Osgood Street 48 Special Town Meeting Warrant May 16, 2017 COMMONWEALTH OF MASSACHUSETTSESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street, Tuesday, May 16, 2017, at 7:15 PM then and there to act upon the following articles: Article 1: Transfer funds from Special Education Stabilization Fund to Fiscal Year 2017 School Department budget. To see if the Town will vote to transfer a sum of $200,000.00 from the Special Education Stabilization Fund to the Fiscal Year 2017 School Department Budget, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Finance Committee Recommendation: School Committee Recommendation: Vote Required: Two-thirds (2/3) vote EXPLANATION: The Special Education Stabilization Fund was established by vote of Annual Town Meeting of 2015 to reserve funds in order to provide stability in the delivery of public education that could otherwise be adversely impacted by costs associated with special education which were unforeseen at the time the annual fiscal appropriation for the school department was adopted by an Annual Town Meeting. Unforeseen costs are those for which neither experience nor reasonable judgment nor planning could have anticipated. In accordance with the inancial Reserve Policies, the Board of Selectmen, Finance Committee and the School Committee have all, by majority vote, affirmed the costs were unforeseen and paying said costs from the appropriated school department budget would adversely impact the delivery of education in North Andover. 49 INSERT SIGNATURE PAGE 50 PLEASE BRING THIS BOOKLET WITH YOU TO TOWN MEETING!! TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING TUESDAY, MAY 16, 2017 7:00PM NORTH ANDOVER HIGH SCHOOL website at www.northandoverma.gov, on the North Andover Cable Channel, and in our local newspapers. If you need any special accommodations for the meeting please call the Town -688-9502. Please participate in this very important meeting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nowIssuesDeadAnimal ResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolved PotholeTrash&RecyclingWebsiteQuestion/ BrokenLink 100 4646 PercentResolved: TotalResolved: TotalReports: CountofReportType NorthAndover February2017 ReportIt! (non-emergencyonly) NotListed-OtherPolice-Traffic/Other 65121281182 CountofReportType DPW-OtherDPW-TreeHealthIssues/ Concerns ResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolvedResolved Status Police-Traffic/Other(non-emergencyonly) WebsiteQuestion/BrokenLink Status HealthIssues/Concerns CountofReportType NotListed-Other Trash&Recycling ReportType DeadAnimal DPW-Other SnowIssues DPW-Tree ReportType Pothole 20181614121086420 Senior Center Monthly Report FY17 North Andover Selectmen Meeting FY 17 TOTALS In Center Visitors Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun. Community Education Book Club 86 5710141420313 Computer Classes 65 9612138746 ESA Educational Lectures 31 13180000 Lecture Series 588 701096610893376540 News & Views 875 11211810710111910812387 Meetings Held @ Center Cam Cable Meeting 96 1212121212121212 ESA Group Leaders Meetings 25 3244444 ESA Support Group Meetings 80 1616161616 Merrimack Valley Philarmonic 62 8888102000 NAMA 48 66666666 Women's Veteran's Group 200 25 25252525252525 OE Group 600 7575757575757575 Friends Meeting 0 000000 Triad 73 7816111417 COA Board Meeting 58 128129611 Community Projects Cuddles 684 109901189657686977 Flea Market 0 Mr. Fix-It 100 57201016151710 Selectmen's Breakfast 150 150 Congregate Meals 2416 297197332252322386341289 Fitness/Exercise General Fitness Classes 1337 61157179155194122194 275 Zumba 873 645510715214385153 114 Health Screenings Walk In Clinic 340 6038534843293039 Foot Care 153 1916172319182318 Massage Therapist 29 46330 445 Intergenerational Nursing Students 61 448 45 Thompson School Student Social 0 Brooks School Students 0 Legal Assistance 22 241040011 Outreach / Advocacy Office Consultation 31 5762434 Recreation Art Class 102 18232708 188 Bingo 1522 20423518717922317523485 Bowling 72 121212121212 Bridge 1883 270298284279203166214169 Cards 364 4546455448374841 Chess 0 0000 000 Computer Lab 315 3345414246492930 Golf 92 35 57 Knitting & Crocheting 121 171819247 17163 Mahjong 56 10101660 1400 Quilting 59 4571211 2711 Scrabble 91 131714182 2034 Woodcarving 157 1918261122 213010 Shine Counseling 47 4923 704 FY 17 TOTALS Outbound Services Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun. Outreach / Advocacy Brown Bag Program 277 4536313132313833 Housing Outreach Cookouts 72 3228 12 Home Visits/Outreach Visits 4193119381223534 Meals On Wheels 12262 164116401609170716751426924 1640 Socials / Trips 0 Fresh Table 517 103120120 1173027 Socials - In House 594 37115378572 1027571 Men's Breakfast 135 252132132816 Day Trip 70 18202500 70 Supper Club 69 24120015 810 Socials - Off Site 67 801000 23260 Tax Consultant 18 18 GRAND TOTALS per Month 354937003811377937673704341526220000 3/22/2017 Town of North Andover Mail - FUU: NEREJ Cannabis and Commercial Real Estate II NOfffi ANDOVER t,assaci,usetis Andrew Mayfor <amaylor@northandoverrna.gov> FW: NEREJ Cannabis and Commercial Real Estate II 1 message Jeffrey goldstein <jgoldstein5555@gmail.com> To: Andrew Maylor <amaylor@northandoverma.gov> Cc: Orit Goldstein<ogold stein@ozzyproperties. com>, jgoldstein5555@gmail.com Andrew, Thanks for speaking me earlier. We support this type of warrant. Wed, Mar 22, 2417 at 5:41 PM The concerns of the town and site flexibility may be best addressed by considering a moratorium on all recreational cannabis use in North Andover except for grow sites, manufacturing, and R&D within the MMOD until July 1, 2018. All recreational dispensaries are prohibited. This effectively stops all of the listed recreational uses in town but allows the site to move forward and compete for state licenses needed to attract R&D, manufacturers or growers. There will be no dispensaries allowed on the site. State regulations will be in place to govern these uses. I think that this article addresses ail of the issues by protecting the town from unwanted locations of any type and allows us to obtain a competitive advantage over other towns that do not have a site such as Osgood Landing and have placed blanket limitations on all 4 of the uses listed under recreational use. It may be preferable to consider this type of warrant than a list .of options. Please let me know if this would be acceptable. Thanks, Jeff https:t/m ai I.goNI e.com Im ai Ilcalu101?ui=2&ik=4573dbl374&view=pt&search=inbox&th=15af7f7ce3412f86&si m 1=15at7f7ce3412f86 111