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
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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
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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
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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
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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
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OWN OF ORTH NDOVER
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EPARTMENT OF PUBLIC WORKS UILDING
2017
ATMW
NNUAL OWN EETING ARRANT
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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
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2017 MESSAGE FROM THE TOWN MODERATOR
Dear Neighbors:
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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
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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
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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.
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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.
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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.
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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
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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.
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Addendum C
Town Bylaw Affecting Town Meeting Chapter 59
§ 59-1 Adjournment.
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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!
51
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SnowIssuesDeadAnimal
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
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