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2010-05-10 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Of Ha?Ty 9 Tracy M. Watson, Chairman a2 6a,,". . "off William F. Gordon o - `' A TEL.(978)688-9510 Daniel P. Lanen FAX(978)688-9556 Richard A.Nardella },O.}^"<5* Rosemary Connelly Smedile 9SSNCHUSE� BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA MAY 10,2010—7:00 PM TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER and PLEDGE OF ALLEGIANCE II APPROVAL OF MINUTES A. Open Session Minutes of April 26, 2010 as written B. Executive Session Minutes of April 26, 2010 as written III. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC COMMENT A. New Business Recognition: J. C. Fence Co. B. Memorial Day Observances C. Appointment to Sustainability Committee; Craig Wheeler D. Library Book Sale on May 14, 15 & 16. IV. CONSENT ITEMS A. North Andover Historical Society requesting the town to close Academy Road from the corner of Court St. to the church turn around between 10:00 a.m. -4:00 p.m. on Saturday, June 19, 2010, for"Beyond the Garden Gate"event. B. Acceptance of State 911 Support and Incentive Grant V. OLD BUSINESS A. Preparation for Town Meeting VI. TOWN MANAGER'S REPORT VII. ADJOURNMENT DRAFT BOARD OF SELECTMEN MINUTES APRIL 26, 2010 CALL TO ORDER: Chairman Tracy M. Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. PLEDGE OF ALLEGIANCE ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice Chairman; Rosemary Connelly Smedile, Clerk; William F. Gordon; Richard Nardella; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION: William Gordon made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss Real Estate Matters and Collective Bargaining and to delete Personnel Matter. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Daniel Lanen, yes, Richard Nardella and Tracy Watson yes. Vote approved 5-0. APPROVAL OF MINUTES: Daniel Lanen made a MOTION, seconded by Richard Nardella, to approve the Open Session Minutes of April 12, 2010 as written. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Executive Session Minutes of April 12, 2010 as written. Vote approved 4-1. Daniel Lanen opposed COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT: Resolution: Senior Center Recoqnition Day The Board was requested to approve the Resolution recognizing May 12, 2010 as "Senior Recognition Day. Town Counsel Thomas Urbelis, AV Pre-eminent Award Town Counsel Thomas Urbelis has been awarded 15-year recognition as an "AV rated" lawyer by the legal publishing company Marindale-Hubbell. This award recognizes 15 years of his being rated by his peers for the highest levels of legal ability and ethical standards. John Mabon, Completion of"Fundamentals of Conservation Commissioners"training course Mr. Mabon has successfully completed a study program which provides "the basic knowledge and practical tools essential to carrying out many responsibilities, from administering the Wetlands Protection Act to open space planning and protection. Old Center Historic District Commission Appointment: Roger Lawson, Jr. The Selectmen's appointment subcommittee recommended Roger Lawson Jr. be appointed to the Old Center Historic District Commission Board. William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the appointment of Roger Lawson, Jr. to the Old Center Historic District Commission Board. Vote approved 5-0. Acquisition of Land by Mass. Dept. of Conservation and Recreation in North Andover The DCR is requested that the Board make an announcement of the possible land acquisition to prevent the further fragmentation and encroachment to Harold Parker State Forest. Richard Nardella made a MOTION, seconded by William Gordon, that the North Andover Board of Selectmen sign the waiver form and assent to this reduction in the notice period of 120-days. Vote approved 3-2. Daniel Lanen and Tracy Watson opposed. Board of Selectmen Minutes April 26, 2010 DRAFT 2 CONSENT ITEMS: Museum of Printinq Annual Printinq Arts Fair Richard Nardella made a MOTION, seconded by Rosemary Smedile, to close Mass Ave. from Osgood Street to the round about on June 20, 2010 from 10:00 a.m. to 4:00 p.m. to accommodate the Museum or Printing annual Printing Arts Fair. Vote approved 5-0. Request to fill vacancy Curt Bellavance Community Development Director requested permission to fill the vacancy in the Building Department pending the retirement of Jeanne McEvoy. Richard Nardella made a MOTION, seconded by seconded by Rosemary Smedile, to authorize the recruitment and hiring of the Departmental Assistant for the Building Department. Vote approved 5-0. OLD BUSINESS: Preparation for Town Meeting The Town Manager reviewed and discussed with the Board the following articles: Art 11: Amend General Fund Appropriation for FY2010. The Town Manager made additional changes to the FY2010 budget that would accommodate the funding of the 27'h payroll. By moving the pay date from Thursday, July 1, 2010 to June 30, 2010 for work that was done from June 13, 2010 to Jun 26, 2010. After a lengthy discussion regarding the 271h payroll the Town Manager proposed that $364,000 would cover the additional payroll expense for this additional pay period to be paid for in FY2010 and be included in the series of other appointed amendments in FY2010 that would be balanced by funding reserved funds already established plus an additional appropriation from the reduction from the health insurance general line item. This would still be a balanced budget and it would pay for the expense for the additional pay period in FY2010. Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to approve the total budget as proposed by the Town Manager with the amended FY10 adjustments and FY11 budget. Vote approved 3-2. William Gordon and Richard Nardella opposed. The Town Manager said the town is still projecting a deficit in the Water account which is problematic. The Town's auditors said that the Town can transfer$100,000 from Sewer to Water for payroll expenses. Art 12: Amend Water Enterprise Fund for FY2010 Art 13: Amend Sewer Enterprise Fund for FY2010 The Town Manager said the Finance Committee is against televising their meetings and will speak to this at Town Meeting. Art 24: Amend Chapter 44-1 of Town Bylaws: Televising Selectmen and Finance Committee Meetings. NEW BUSINESS: Interview candidate for Fire Chief Position Acting Deputy Chief Andrew Melnikas was present and was interviewed by the Board for the position of Fire Chief. The Board of Selectmen asked Andrew Melnikas specific questions regarding how he would handle supervising situations, monitoring budgets, short-term and long-term achievements, strengths of the department, and needs for improvement during the interview. Andrew Melnikas answered each of the questions in detail and presented his background with his interest in pursuing the position as Fire Chief for the Town of North Andover. Board of Selectmen Minutes April 26, 2010 3 Daniel Lanen made a MOTION, seconded by Rosemary Smedile, to hire Andrew Melnikas as permanent Fire Chief upon his successful negotiations and signing of a contract which will include salary, benefits and a start date. Vote approved 5-0. I William Gordon made a MOTION, seconded by Richard Nardella, to nominate Daniel Lanen and William Gordon to be on a sub-committee to negotiate a contract with the Fire Chief. Vote approved 5-0. Facilities Management Consolidation Task Force The Board was asked to consider establishing a task force to study the combing of facilities management functions between the Town and the School. The Town Manager drafted a resolution creating such a task force which is modeled after a similar resolution that created a committee to look at Information Technology consolidation. Rosemary Smedile made a MOTION, seconded by Richard Nardella, to establish a task force to study the combining of facilities management functions between the Town and the School. Vote approved 5-0. Membership on Utility Abatement Review Board This is a board that handles disputes regarding water and sewer bills. Due to the lack of appeals this board has not had to meet for a number of years and some of the prior members are no longer available to serve. The Board was requested to appoint or reappoint individuals to the Utility Abatement Review Board to hear a pending appeal. Richard Nardella made a MOTION, seconded by Rosemary Smedile, to nominate Selectmen William Gordon, Town Accountant Lyne Savage and resident Donald Stewart to the Utility Abatement Review Board. Vote approved 5-0. �I ADJOURNMENT: Daniel Lanen made a MOTION, seconded by William Gordon, to adjourn the meeting at 9:07 p.m. Vote approved 5-0. I Adele J. Johnson Administrative Secretary Rosemary Connelly Smedile, Clerk of the Board 10 -co, /-- 4� Certificate of Appreciation Presented to J. C. Fence Co. In appreciation for locating your business in the Town of North Andover. Thank you on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen May 10, 2010 Tracy M. Watson, Chairman /Jo ht((W,?dvvvz .Y alZAvtiv ©6.iervaliora C owadzz(yl, d �,g CAW U7cY/5 N s a I 1>NNy � a (97(97(Y) 6��6374 7 Nwoi nn �lie9//�' w a. , �Ji'�lprrhroyt C14U5 '. Date: May 3, 2010 To: North Andover Board of Selectmen Via: Mark Rees, Town Manager Ladies and Gentlemen: Monday, May 31", 2010, the Town of North Andover will be observing Memorial Day and saluting all our fallen heroes with the appropriate Parade and Memorial Ceremony. This years Ceremony will be in memoriam to Navy Veterans John Cyr III. We would like to extend a cordial invitation to you and the members of your organization to join us for this special time of remembrance. The Parade will form at 10:00 A.M on Monday May 31", on the West side of Center Common (Osgood&Andover St.). The parade will then go right onto Mass Ave and then head left onto Ridgewood Cemetery for the appropriate ceremony. Salem Street with the Parade ending at the dg ry Upon completion of our Memorial Ceremony, the Parade will reform and proceed back to the Center Common and disperse from there. A small contingency will form at the V.F.W. Post 2104 on Park Street for the ceremonial flag raising and reception. In the event of inclement weather, our services will be held in the Middle School Veteran's Auditorium at 10:30A.M. For additional information please contact Edward V. Mitchell at (978) 688-9525. Respectfully, 0 Chief Edward V. Mitchell, US Navy(Ret) Chairmen,Patriotic Observance Committee Craig Wheeler 95 Liberty Street North Andover, MA 01845 February 21, 2010 Mark Rees,Town Manager 120 Main Street North Andover, MA 01845 Dear Mr. Rees, I am writing this letter to ask you to assign me to the Town's Sustainability Committee and specifically to the Residential Subcommittee. I have been a homeowner in North Andover since 2005 and am very interested in environmental issues. I have discussed the Subcommittee's work with Steve Daly and attended the February meeting a couple of weeks ago. I have no direct professional experience in environmental work, though I would not expect that to exclude me from your consideration. Currently I am the head of a Client Services team in one of State Street Bank's investment units and have been in this role for 10 years. I have an MBA from Suffolk University and a Masters degree in Community Economic Development. My full resume is attached for your review. If you would like to discuss this opportunity further with me, I would be happy to come to your office or have a j phone call with you. I can be reached during the day at 617.664.2677 or on my mobile phone on 617.888.4758. I look forward to speaking with you and to contributing my time and energy to the Committee's efforts. Best regards, Craig Wheeler CRAIG WHEELER 95 LIBERTY STREET NORTH ANDOVER, MA 01845 PROFESSIONAL: State Street Securities Finance: September 1999 to Present January 2001 to Present— Relationship Manager/Client Services Manager (Vice President) • Manage a team of 11 Officers and Associates providing support for senior Relationship Managers (August 2007 to Present) • Relationship Manager for a variety of strategic customers (July 2003 to Present) • Client Services support (January 2001 through July 2003) • Corporate presenter for Securities Finance 101 September 1999 through December 2000 — European brokerage settlement in Boston and London offices New Horizons for New Hampshire, Inc.: January 1997 through September 1999 Program Director for New Hampshire's largest homeless shelter, soup kitchen, and food pantry. Responsible for fundraising, regulatory compliance, and overall day-to-day operation of the agency. Reported directly to the Executive Director. Harbor Homes, Inc.: 1992 through 2000 Provided a variety of services for people with mental illness I Project Cope: 1993 through 1996 Provided a variety of services for people with developmental disabilities New Hampshire State Representative: Elected in November 1994 and November 1996 Served only the first term due to time constraints of House Membership. Served on the Environment &Agriculture Committee and State/ Federal Relations Committee. EDUCATION: Master of Business Administration —Suffolk University: May 2009 Focus on International Relations, Accounting, Finance. Currently serve on the Leadership Board for the Suffolk MBA Association. Master of Science: Community Economic Development— Southern New Hampshire University: May 1994 Created a small non-profit sign-making company for mentally handicapped individuals in Nashua, NH. Bachelor of Science: Criminal Justice—Anna Maria College: May 1992 Page 1 of 1 Johnson, Adele From: CrowTuck @aol.com Sent: Wednesday, April 28, 2010 10:40 PM To: Johnson, Adele; Watson, Tracy Cc: LarsonML @aol.com; adlarson @worldnet.att.net Subject: Announcement for May 10 BOS Meeting Tracy Watson, Chair Board of Selectmen Town of North Andover RE: BOS meeting Monday, May 10 Dear Tracy, Could you add to the announcements section of the meeting as much of the following as seems appropriate to you. The sale usually earns about$5,000 which is spent on museum passes, summer reading programs, adult and children's programs and rental DVDs. Thank you, Marty Larson Kathy Stevens The Library Book Sale Week End begins on Friday, May 14th. General Sale hours are 4 p.m. to 7 p.m; On Saturday, May 15 hours are 9 a.m. to 4 p.m.. On Sunday, May 16 hours are noon until 3 with all books and media priced at$4.bag.. Bargains include more than 2,000 children's books priced from 25 cents to $2.50, adult books (fiction & nonfiction) priced from $.50 to $2.00 and other media (DVDs, CDs, tapes, and records). Donations may be left at the library at the staff room door at any time the library is open. Volunteers are needed to help with publicity and book sorting. For information or to volunteer, contact: Marty Larson, President of the Friends, at Larsonmlaaol.com or 978-686-1557 5/4/2010 � ktr"dCY`YrNtiN'fi' Norrr'rr Aeaorivcn Hisrnraicar 5oCi[:ry North m ' d r Historical Society April 20, 2010 Mark Rees, Town Manger AF1 R 2 6 O l Town Hall 120 Main St North Andover, MA 01845 " k r_ Dear Mark, Our annual garden tour "Beyond the Garden Gate" will be Saturday June 19. This year in celebration of the completion of the construction, the theme is Rediscover the Old Center: a walking tour of Gardens, Barns and History in the Historic District. I am writing to ask for the town's support of our event. More specifically, we are asking the town to close Academy Road from the corner of Court St. to the church turn around. The tour usually has 125 to 150 attendees and will take place between 10 AM and 4 PM. We believe there will be greater attendance this year because of the added attractions of barns and historical sites. We would like to recreate a country road experience of times gone by on Academy Road. We have secured permission of the Stevens Coolidge Place to use their parking lot and expect cars will also park at the Old Center parking lot, legal spots around the common and Old Center, in front of the North Parish, and Society Headquarters. We believe this year's tour will be a fitting and wonderful celebration of the reopening of our beautiful common and Old Center. We hope you and members of the Board of Selectman will join us on Saturday, June 19th. Tickets are now available on the society's website. If you have any questions, please call me or our Executive director, Carol Majahad at the society. Sincerely yours, Leslie Young Lemir ,, hair 978-975-560. .,,, POLICE "Community Partnership" II To: Adele Johnson From: Lt. John Carney RE: Historical Society Garden Tour Date: May 6, 2010 The Police Department recommends favorable action on the request from the Historical Society to close Academy Road for their event on June 19th. I have spoken to the organizers and will continue to work with them as the event nears. The Police Department will provide the necessary support on June 19th. We recommend all abutters be notified well in advance and we understand that there are no conflicting events currently scheduled at the church. 566 MAIN STREET, NORTH ANDOVER, MASSACHUSETTS 01845-4011 Telephone: 978-683-3168 Fax: 978-686-1212 %AORTH o �SSACHU`'�� INTEROFFICE MEMORANDUM DATE: May 6, 2010 TO: Adele Johnson, Administrative Secretary FROM Bruce Thibodeau, Director of Public Works j CC: RE North Andover Historical Society garden tour The Division of Public Works has no objection to the request from the Historical Society to hold their annual Garden Tour on Saturday, June 19, 2010 between 10:00am until 4:00 pm. If they need any assistance from the DPW, please have them contact my office. Page 1 of 1 Johnson, Adele From: McCarthy, Fred Sent: Thursday, May 06, 2010 2:16 PM To: Johnson, Adele Subject: RE: Need recommendations for the Historical Society Adele, The only issue for the FD would be the notification for road closures and detours. Thank you, Fred M [fpo) From: Johnson, Adele Sent: Thursday, May 06, 2010 11:08 AM To: Thibodeau, Bruce; Martineau, William; rstanley @napd.us Cc: McCarthy, Fred;jcarney @napd.us; Barry, Nancy Subject: FW: Need recommendations for the Historical Society Please send me your recommendations as soon as possible. The Board of Selectmen are meeting on Monday, May 10th and I would like to get this on their agenda. Thanks, Adele j From: administrator @townofnorthandover.com [ma i Ito:administrator @townofnorthandover.com] Sent: Thursday, May 06, 2010 11:00 AM To: Johnson, Adele Subject: Message from 35C-4 5/6/2010 The Commonwealth of Massachusetts EMENCENCY EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY STATE 911 DEPARTMENT I.S. 1380 Bay Street, Building C - Taunton, MA 02780-1088 911 E Tel.- 508-828-2911 - TTY• 508-828-4572 - Fax., 508-828-2585 www.mass.gov/e9I I DEvAL L. PATRICK MARY ELIZABETH HEFFERNAN Governor Secretary of Public Safety and Security TimOTHY P. MURRAY FRAxx POZNIAK Lieutenant Governor Executive Director May 6, 2010 Mr. Mark H. Rees, Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Mr. Rees: The Commonwealth of Massachusetts, State 911 Department would like to thank you for participating in the FY 2010 State 911 Department Support and Incentive Grant Program. For your files, please find attached a copy of the contract signed by both parties. Please note your contract start date is May 6, 2010 and will run through June 30, 2010. Please keep in mind that there shall be no reimbursement for costs incurred prior to the effective date of the contract and all goods and services MUST be received on or before June 30, 2010. We have made the request for payment forms available on our website www rna .gpvJ I 1. For any questions related to this process, please contact Michelle Hallahan at 508-821-7216. If, in the future, you would like to make any changes to the authorized signatory, the contract manager, and/or the budget worksheet, please e-mail those proposed changes to 9 1QgpjGr4nLs_@ ,,_state.rna.us. Sincerely, Frank P. Pozniak Executive Director cc: FY 2010 Support and Incentive Grant File t$ nl J�s�tY' V S�0'b COMMONWEALTH OF MASSACT- USFTTS-STANDARD CONTRACT FORIIf This form,to be used for New Contracts and Contract Amendrnents/Renewals,isjointiv issued and published by the Executive Office for Administration and Finance(ANF), the Office of the Comptroller(CTR)and the Operational Services Division(QSD�for use by all Commonwealth Departments. Any changes to the official printed language of this form shall be void. Additional non-conflicting terns may be added by AttachmenL Contractors should only complete sections marked with a "-3", For Instructions and hyperlinks(italics),please view this form at:wivvI.mass.gov/cse under Guidance For Vendors-Porms or at wriw.mass.00vlosdunder OSD Forms, 4 Contractor Legal Name(and dlb/a): Town of North Andover— Department MMARS Alpha Code and Name: State gl l Department - 4LegalAddress(from Police Department Business Mailing Adores 1380Ba Street Bldg.C Taunton,MA 02780 ( 1 120 Main Street Y 4 Payment Remittance Address(from W-9): North Andover, MA_ Biilinu Address(if different): 4ContraaAna er. L-yne M. Savacre Contract Manager Michelle Hallahan EMailAddress:p Nor nao e Phone: 978-688-9523 E-MailAddress michelle.hallahan @state.ma.us Phone, (508)828-2911 4 Fax: 978-658-°9522 co TTY: Fax: (508)828-2585 TTY:(508)828,4572 4 State of incorporation(if a corporation)or"NIA': NIA MMARS Doc fD(s): CT EPS SUP G C(o bU 1 1 j 9 t 0 ..R roc ment or Other 10 Number(if applicable): NIA �Vendor Code: RFRrPrncureme MMARS Obiect Code:P01 Account(s)Funding Contract 8000-0911 X NEW CONTRACT CONTRACT AMENDMENT/RENEWAL COMPENSATION(Check only one): X Total Maximum Obli,aq tion of this Contract$ 6©_ yam✓ ENTER CURRENT CONTRACT START and END DATES(prior to amendment) Nate Contract(Attach details of rate(s)units and any calculations): Current Start Date: .Current End Date: The following COMMONWEALTH TERMS AND CONDITIONS for this Contract COMPENSATION: (Check Either,"No Compensation Change„;"Maximum Obligation'or"Rate chang has been executed and filed with CTR(Check only one): e". ATTACH Amended Scope and Budget to support Amendment.) X Commonwealth Terms And Conditions _NO Compensation Change(Skip to"OTHER"section below and select change) _Commonwealth Terms And Conditions For Human And Social Services _Redistribute Budget Line[terns(No Maximum Obligation Change) PROCUREMENT OR EXCEPTION TYPE(Check one option only, —Maximum Obligation Change. a) Current Total Contract Maximum Obligation:$ Single Department ProcuremenUSingle Department User Contract (Total Contract Maximum Obligation,includirg all prior amendments). Single Department Procurement/Multiple Department User Contract b) Amendment Amount("+"or""):$. Multiple Department Procurement/Limited Department User Contract c) NEW TOTAL CONTRACT MAXIMUM OBLIGATION.$ Statewide Contract(OSD or an OSD-designated Department) _Hate Changes to Rate Contract X Grant(as defined by 815CMR?OG� _Emergency Contract(attach justification) OTHER. (Check option,explain under"Brief Description"below,and attach documentation.) —Contract Employee(Complete Employment Status Form) _Amend Duration Only(No Compensation or Performance Change) _Collective Purchase(attach OSD approval) Amend Scope of Services/Performance Only(no budget impact.) _,Legisfafive/Legal Exemption(attach authorizing language) Interim Contract(Temporary Extension to complete new Procurement) _Other(Specify and attach documentation): —Other: (Describe Details and Attach documentation): ANTICIPATED START DA "-6`°/a m (Enter the brae Contract ANTICIPATED START DATE: (_Enter the Date Amendment Obligations may uegin, Review Certification for Effective Date Below prior trr enlr✓.) obligations may begin. Review Certification for Effective Date Belowpnor io entry.) CONTRACT END DATE- 06/3012010 NEW CONTRACT END DATE: 4PROMPT PAYMENT DISCOUNTS, Contractor has agreed to the following Prompt Pay Discounts for the listed Payment Issue Dates. See Prompt Payment Discount Policir a/b Within 10 Days, %Within 15 Days_%Within 20 Days _%Within 30 Days OR,Check off the following if; X Contractor either claims hardship,or chooses not to 2ro vide PPD,or corn ensation is not sub pct to prompt pa discounts{ rants,non•commodiry ornon-service compensation BRIEF DESCRIPTION OF CONTRACT PERFORMANCE OR REASON FOR AMENDMENT(Reference to attachments is insufficient): For disbursement of funds under the State 911 Department PSAP and Regional Emergency Communication Center Support and incentive Grant as authorized and awarded in compliance with program guidelines and grantee's approved application, CERTIFICATIONS: Notwithstanding verbal or other representations by the parties,or an earlier Start date listed above,the"Effective Date"of this Contract or Amendment shall be the latest date this Contract or Amendment has been executed by an authorized signatory of the Contractor,the Department,a later Contract or Amendment Start Date specified above,or the dale of any required approvals. By executing this ContracUAmendment,the Contractor makes,under rite pains and penalties of perjury,all certifications required under the attached Contractor Certifications,and has provided all required documentation noted with a"4",or shall provide any required documentation upon request,and the Contractor agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein,including the terms of the applicable Commonwealth Terms and Conditions available at uvrv.w.mass govIesc under Guidance For Vendors-Forms or at www.mass.0ovfosd under OSO Forms,the terms of the attached Instructions,the Request for Response(RFR),solicitation(if applicable)or other authorization,the Contractor's response to the RFR or solicitation(if applicable),and any additional negotiated performance or budget provisions. The terms of this Contract shall survive its termination for the purpose of resolving any claim,dispute or other Contract action, or for effectuating any negotiated representations and warranties. THE PARTIES HEREBY ALSO CERTIFY THAT(Check one option only): 1. _X_[he Contractor has NOT incurred any obligations triggering a payment obligation for dates priof to the Effective Date of this Contractor Amendment;OR 2. —any obligations incurred by the Contractor riorto the Effective Date of this Contractor Amendment(for which a payment obligation has been triggered)are intended to be part of IN Contract)Amendment and shall be considered a linai Settlement and Release of these obligations which are incorporated herein,and upon payment of these obligatio ,the Contractor forever releases the Commonwealth from any further claims related to these obligations. AUTHORIZI SiGNATU €"FWTHE CONTRACTOR: AU ORIZING SIGNATURE FOR THE DEPARTMENT 4X: Date: 04/23/2010 X: ,+--- Date: / . (Sig ature and Date Must Be Handwritten At Time of Signature) (Signature and Dat Must Be Handwritten At Time of Signature) Print Name: Frank Pozniak 4 Print Name: Mark H. Trees PrintT(tie: Executive Director -3,Print Title: Town Manager C v' MOVE TO RAISE AND APPROPRIATE $40,865 FOR FYI TO FUND THE ECONOMIC TERMS (WAGES AND NIGHT SHIFT DIFFERENTIAL) AWARDED BY AN ARBITRATION PANEL OF THE JOINT LABOR MANAGEMENT COMMITTEE IN CASE NO. JLMC 09-13F BETWEEN THE TOWN OF NORTH ANDOVER AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2035 COVERING THE PERIOD JULY 1, 20XTHROUGH JUNE 30, 2OX. 96 a I'I FY08 Year 1-FY09 Year 2-FY10 Year 3-FY11 Year 4-FY12 Employee%of Health Insurance Family 15.0% 15.0% 15.0% 18.3%7/1/11:21.6%-6/30/12:25% Individual 14.0% 14.0% 14.0% 17.6%7/1/11:21.3%-6/30/12:25% Base Pay%increase 0.00% 0.00% 1.50% 2.50% Overall Impact on Budget Total Salaries $2,724,314.00 $2,724,314 $2,724,314 $2,765,179 $2,834,308 Annual Salary Increases $0 $0 $40,865 $109,994 Annual Health Insurance Savings $0 $0 -$27,331 -$59,252 Net Cost $0 $0 $13,533 $50,742 Cumulative Salary Increases $150,858.89 Notes: (1)Firefighters will receive a night differential increase of 1.5%on Health Care Savings -$86,583.11 7/1/11(first day of FY12)-Estimated cost$41,477. 4-Year Impact of Base Wage Increase $64,275.78 (2)0.25%increase to base on 6/30/12(last day of FY12) Plus Night Differential $41,477.00 Total Cost of Contract $105,752.78 Total]Salary Expense 4-Years $11,048,114.89 %of Cost Increase to Total Salaries 0.96% Union Management Award Wages-FY09 3.0% 0.0% 0.0% FY10 3.0% 1.0% 0.0% FY11 3.0% 1.5% 1.5(.+0.25%FY12 2.5 on 6/30/12 Night Shift Differential 6%,FY09 0.0% 1.5%,FY12 i Health Insurance Contribution FY09-15% FY09-18.3% FY09-15% FY10-15% FY10-21.6% FY10 -15% FY11-15% FY11-25% FY11-18.3% FY12 -7/1/11:21.6 -6/ 0/ :25% Work Schedule 24 Hour Shift No Change 24 Hour Shift Minimum Manning Clause No Change Eliminate No Decision DRAFT Firefighters Individual and Group Impact Analysis FY08 Year I-FY09 Year 2-FY10 Year 3-FYI I Year 4-FY12 Employee%of Health Ins Family 15% 15% 18.3% 7/1/11:21.6%-6/30/12:25% Individual 14% 14% 17.6% 7/1/11:21.3%-6/30/12:25% Overall Impact on Employee with Family Plan 35 Employees Current Annual Salary $ 51,402.15 $ 51,402.15 $ 51,402.15 $ 52,173.18 $ 53,477.51 Additional Salary-Cumulative $ - $ - $ 771.03 $ 2,075.36 Additional Health Cost-Family $ - $ $ 671.70 $ 1,459.23 Net Change $ - $ $ 99.33 $ 616.13 l a — 715.46 Overall Impact on Employee with Individual Plan 13 Employees Current Annual Salary $ 51,402.15 $ 51,402.15 $ 51,402.15 $ 52,173.18 $ 53,477.51 Additional Salary-Cumulative $ - $ - $ 771.03 $ 2,075.36 Additional Health Cost-Individual $ $ - $ 293.99 $ 629.13 Net Change $ - $ - $ 477.04 $ 1,446.23 $ 1,923.27 Overall Impact on Employee with No Health Plan 5 Employees Current Annual Salary $ 51,402.15 $ 51,402.15 $ 51,402.15 $ 52,173.18 $ 53,477.51 Additional Salary-Cumulative $ - $ - $ 771.03 $ 2,075.36 Additional Health Cost $ $ $ - $ - Net Change $ $ 771.03 $ 2,075.36 l $ 2,846.39 A� %Increase Year 1 0.00% Year 2 0.000/0 Year 3 1.50% Year 4 2.50% Overall Impact on Budget FY08 Year 1-FY09 Year 2-FY10 Year 3-FYI Year 4-FY12 $ 2,724,314.00 $ 2,724,314.00 $ 2,724,314.00 $ 2,765,178.71 $ 2,834,308.18 Annual Salary Increases $ - $ $ 40,864.71 $ 109,994.18 Annual Health Insurance Savings $ - $ $ 27,331.37 $ 59,251.74 $ - $ $ 13,533.34 $ 50,74144 Cumulative Salary Increases $ 150,858.89 Health Care Savings $ 86,583.11 Note: Firefighters will receive a night differential increase of 1.5%on 7-1-11 4-Year Impact $ 64,275.78 (first day of FY12)-estimated cost$41,477 and 0.25%on 6-30-12(last day of FY12) Plus Night Differential 41,477.00 Total Cost:4 Years 105,752.78 Cl) Total Salary Expense 4 Years 11,048,114.89 %of Cost Increase to Total Sal. 0.96% Average per year 0.24% IAFF Local 2035 (Firefighters) Current Proposed Current Employee Proposed Employee Employee Contribution Employee Contribution Town Month Monthly Rate Rate Family Family Rate Family Family 'Savings' Jul, 09 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Aug, 09 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Sep, 09 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Oct, 09 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Nov, 09 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Dec, 09 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Jan, 10 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Feb, 10 $1,580.12 15.0% $237.02 15.0% $237.02 $0.00 Mar, 10 $1,657.55 15.0% $248.63 15.0% $248.63 $0.00 Apr, 10 $1,657.55 15.0% $248.63 15.0% $248.63 $0.00 May, 10 $1,657.55 15.0% $248.63 15.0% $248.63 $0.00 Jun, 10 $1,657.55 15.0% $248.63 15.0% $248.63 $0.00 FY10 $0.00 Jul, 10 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Aug, 10 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Sep, 10 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Oct, 10 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Nov, 10 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Dec, 10 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Jan, 11 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Feb, 11 $1,657.55 15.0% $248.63 18.3% $303.33 $54.70 Mar, 11 $1,773.57 15.0% $266.04 18.3% $324.56 $58.53 Apr, 11 $1,773.57 15.0% $266.04 18.3% $324.56 $58.53 May, 11 $1,773.57 15.0% $266.04 18.3% $324.56 $58.53 Jun, 11 $1,773.57 15.0% $266.04 18.3% $324.56 $58.53 FY11 $671.70 Jul, 11 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Aug, 11 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Sep, 11 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Oct, 11 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Nov, 11 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Dec, 11 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Jan, 12 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Feb, 12 $1,773.57 15.0% $266.04 21.7% $384.87 $118.83 Mar, 12 $1,897.72 15.0% $284.66 21.7% $411.81 $127.15 Apr, 12 $1,897.72 15.0% $284.66 21.7% $411.81 $127.15 May, 12 $1,897.72 15.0% $284.66 21.7% $411.81 $127.15 Jun, 12 $1,897.72 15.0% $284.66 21.7% $411.81 $127.15 FY12 $1,459.23 NOTES: 1. Assumes a 7% increase on March 1, 2011 and March 1, 2012 IAFF Local 2035 (Firefighters) Current Current Proposed Proposed Employee Employee Employee Employee Rate Contribution Rate Contribution Town Month Monthly Rate Individual Individual Individual Individual 'Savings' Jul, 09 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Aug, 09 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Sep, 09 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Oct, 09 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Nov, 09 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Dec, 09 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Jan, 10 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Feb, 10 $616.81 14.0% $86.35 14.0% $86.35 $0.00 Mar, 10 $647.03 14.0% $90.58 14.0% $90.58 $0.00 Apr, 10 $647.03 14.0% $90.58 14.0% $90.58 $0.00 May, 10 $647.03 14.0% $90.58 14.0% $90.58 $0.00 Jun, 10 $647.03 14.0% $90.58 14.0% $90.58 $0.00 FY10 $0.00 Jul, 10 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Aug, 10 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Sep, 10 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Oct, 10 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Nov, 10 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Dec, 10 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Jan, 11 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Feb, 11 $647.03 14.0% $90.58 17.7% $114.52 $23.94 Mar, 11 $692.33 14.0% $96.93 17.7% $122.54 $25.62 Apr, 11 $692.33 14.0% $96.93 17.7% $122.54 $25.62 May, 11 $692.33 14.0% $96.93 17.7% $122.54 $25.62 Jun, 11 $692.33 14.0% $96.93 17.7% $122.54 $25.62 FY11 $293.99 Jul, 11 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Aug, 11 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Sep, 11 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Oct, 11 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Nov, 11 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Dec, 11 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Jan, 12 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Feb, 12 $692.33 14.0% $96.93 21.4% $148.16 $51.23 Mar, 12 $740.79 14.0% $103.71 21.4% $158.53 $54.82 Apr, 12 $740.79 14.0% $103.71 21.4% $158.53 $54.82 May, 12 $740.79 14.0% $103.71 21.4% $158.53 $54.82 Jun, 12 $740.79 14.0% $103.71 21.4% $158.53 $54.82 FY12 $629.13 NOTES: 1. Assumes a 7% increase on March 1, 2011 and March 1, 2012 a IAFF Local 2035 (Firefighters) Enrollment as of November 1, 2009 Family 35 Individual 13 None 5 FY10 Family $0.00 35 $0.00 Individual $0.00 13 $0.00 FY10 $0.00 FYI Family $671.70 35 $23,509.64 Individual $293.99 13 $3,821.82 FY11 $27,331.46 1 FYI Family $1,459.23 35 $51,072.90 Individual $629.13 13 $8,178.70 FY12 $59,251.60 $86,583.06 COMMONWEALTH OF MASSACHUSETTS JOINT LABOR MANAGEMENT COMMITTEE FOR POLICE AND FIRE DISPUTES PARTIALLY STIPULATED INTEREST ARBITRATION AWARD In the matter of Interest Arbitration between : TOWN OF NORTH ANDOVER i NORTH ANDOVER, MASSACHUSETTS i i AND J.L.M.C. No. 09-13F INTERNATIONAL ASSOCIATION i OF FIREFIGHTERS, LOCAL 2035 NORTH ANDOVER FIREFIGHTERS i Award Date : March 29, 2010 By order of the Joint Labor Management Committee for Police and Fire Disputes (J. L.M.C. ) dated August 17 , 2009, this matter was submitted to the undersigned Arbitration Panel in accordance with the procedures of the J.L.M.C. , pursuant to Chapter 589 of the Acts Of 1987 , as amended . Hearings in this matter were held on January 29, 2010 at the offices of the J. L.M. C. in Boston, MA, and on February 24 , 2010 at Abbot Hall in Marblehead, MA before a tripartite panel consisting of : Marcia L. Greenbaum, Neutral Arbitrator Robert F. McCarthy, Union Arbitrator Anthony M. Sasso, Management Arbitrator . The Town was represented by Tim Norris, Esq. , Attorney, and the North Andover Firefighters, IAFF, by Paul T. Hynes, Esq. , Attorney. THE U_ UES N DISPt1TR ; The issues the parties first submitted to arbitration were as follows : 1 . Duration of agreement - Article XXIII: Union position : Three-year contract . Town position : One-year agreement . 2 . Wages - Article XVIII, Section 1 : Union position: FY 2009 (7/1/08) 3 . 0t 5 2 FY 2010 (7/1/09) 3 . 0$ FY 2011 (7/1/10) 3 . 0% , Town position: Town pattern of 0$ for FY 2009 . 3 . Work schedule - Article VII, Section 2: Union position: Implement change in work shift to 24-hour shift beginning in FY 2009 . Town position: No change . 4 . Night shift differential - Article XVII, Section 4: Union position: Increase to 6 . 0$ effective Jul Town position: No change. y 1, 2008 . 5 ENT assignment and stipend - Article VII, Section 3 : Union position: Eliminate designation and implement an EMT assigned Of 7 . 0% effective July 1, which shall be increased to 8 .0% effective July 1, 2010 . Town position: No change. 6 . Minimum shift staffing - Article XIII, Second paragraph 9 ph Town position : The second paragraph cannot be continued into the new contract as a matter of law, and it seeks a ruling recognizing the exclusion of that language from the new contract resulting from this proceeding. The Town reserves its right to seek relief in court. Union position: The Interest Arbitration Board has no authority to make decisions on a matter of law and/or to exclude existing contract language on the basis that it is allegedly illegal . 7 . In addition, to the above, In the event a determination is made thatprthpescontrract should extend beyond the town pattern contract, then the Town will need toaddress itslneedeto meet any increased labor costs with savings in employer contribution to health insurance premiums: Increase employee contribution to the cost of the HMO plan to 25% of the premium. 3 Having heard the testimony and read the documentary evidence presented, having considered the statutory criteria, and having considered the matters submitted in the light of those criteria, as well as the interests of the Firefighters, the Town of North Andover, and its citizens, the Arbitration Panel makes the following partially Stipulated Award with respect to the issues submitted to arbitration: AWARD 1 . Duration of agreement - Article XXIII: The parties have agreed to a one-year contract from July 1, 2008 to June 30, 2009, and a three-year contract from July 1, 2009 to June 30, 2012 . 2 . Wages - Article XVIII, Section 1: The Panel awards the following across-the- board wage increases to base wages : One-year Agreement, Fiscal Year 2009 : July 1, 2008 : 0% Three-year Agreement, Fiscal years 2010, 2011 and 2012 July 1, 2009 : 0% July 1, 2010 : 1 .5$ July 1, 2011 : 2 .5% . 3 . Work schedule - 24-hour shift - Article VII, and others: The Panel awards the 24-hour shift schedule; effective and implemented subsequent to a Town Meeting; and/or, no later than June 1, 2010 . The 24-hour shift shall be on the "1-2-1-4'1 schedule: 24 hours on duty, 48 hours off duty, 24 hours on duty, followed by 96 hours off duty. A day shift shall be ten hours, and a night shift shall be 14 hours . 4 In addition, since the hearing/mediation on February 24, and as agreed during that session, the Fire Chief and the iSPL Union representatives met to discuss the changes in the contract that are related to the 24-hour work shifts . They agreed to the changes to be made in the new contract, which are attached hereto. Thus, there no longer is a need for a joint committee to recommend revisions to the language of the contract made necessary by the change to the 24-hour shift . However, should any issue arise between now and July 1, 2010 concerning this issue, either party may refer the matter to this Arbitration Panel, which shall retain jurisdiction until July 1, 2010 to address and decide such matters. 4 . Night shift differential - Article XVII, Section 4 : The Panel awards an increase in night shift differential from 29. to 3 .5% effective July 1, 2011 . The night shift differential shall increase to 3 . 75°% effective June 30, 2012 . 5 . EMT assignment and stipend - Article VII, Section 3 : The Panel does not award any change in this benefit . 6 . Arbitration deadline - Article XX The parties have agreed to modify Article XX of the Agreement by replacing the words in the first sentence : "seven (7) working days" with the words : "thirty (30) calendar days . " 7 . Health Insurance - Article The Panel awards the following changes in employee health insurance premium contributions : Effective July 1, 2010, the Health Insurance (HMO) employee contribution rate shall be 17 . 6% for the Individual Plan and 18 . 396 for the Family Plan. Effective July 1, 2011, the Health Insurance (HMO) employee contribution rate shall be 21 . 301 for the Individual Plan and 21 . 69. for the Family Plan . Effective June 30, 2012, the Health Insurance (HMO) employee contribution rate shall be 5 25 . 06 for both the Individual and Family Plans . 8 . Minimum shift staffing - Article XIII, Second paragraph While the Town has advanced the argument that the language in the 2005-2008 Agreement establishing minimum manning cannot be continued in the succL?ssor agreements on the ground that it is legal , the Union disagrees with the Town' s position . An Interest Arbitration Panel has no aLithority to make decisions on the legality of existing contract language and/or to exclude a current contract clause on a claim by one party or the other that it is illegal unless and until such a ruling is made by a court of competent jurisdiction . Accordingly, the provisions of the July 1 , 2005 to June 30, 2008 Collective Bargaining Agreement shall be continued unchanged, except for those changes agreed to and/or awarded above, and those sections needing to be changed to comply with the 24-hour shift set forth in this Award . Those changes have been agreed to by the parties as set forth in an agreement, which has been initialed by the parties, and is attached hereto. The Panel retains jurisdiction on any matters that may arise between now and July 1 concerning the 24-hour shift . We thank the parties and their counsel for their presentations and for their cooperation in this matter. AMarAci4a L . Greenbaum, Chair Neutral Arbitrator Dated March 29 , 2010 I Ant ny M. ass C ement a7.e el. R ert McCarthy. JLMC cod u union Panel Member concur � t) a h1 a � f 9�j DoT d� , i'� Master list of Articles for May,2010 Annual Town Meeting No. Article Name Article Submitter Recommendation of Recommendation of Recommendation of Motion Reader Presenter(s) Presentation Method Selectmen Finance Committee Planning Board 1 Reports of Special Committees Board of Selectmen Favorable Action n/a n/a T.Watson 2 Reports of Receipts and Expenditures Board of Selectmen Favorable Action n/a n/a T.Watson T.Urbelis Respond to Questions Authorization of the Town Manager or 0 3 Superintendent of Schools Regarding Board of Selectmen Favorable Action n/a n/a E T.Watson T.Urbelis Respond to Questions Contracts in excess of Three Year d 4 Authorization to Accept Grants of Board of Selectmen Favorable Action n/a Favorable Action Easements E T.Watson T.Urbelis Respond to Questions 0 U 5 Authorization to Grant Easements Board of Selectmen Favorable Action n/a To be made at Town T.Watson T.Urbelis Respond to Questions Meeting 6 Compensation of Elected Officials Board of Selectmen Favorable Action Favorable Action n/a M.Rodgers M.Rodgers&M. Respond to Questions Rees c 0 M.Rodgers&M. 7 Prior Year Unpaid Bills Board of Selectmen Favorable Action Favorable Action n/a E M.Rodgers Rees Respond to Questions c d n M.Rodgers&M. 8 Establishment of Revolving Funds Board of Selectmen Favorable Action Favorable Action n/a E M.Rodgers Rees Respond to Questions 0 Continuation of MGL,Chapter 59,Section 9 5K-Senior Work Program-Funding to Council on Aging Favorable Action Favorable Action Favorable Action M.Rodgers M.Rodgers&M. Respond to Questions $18,000 Rees Petition State Legislature to allow for Civil Christopher M. M.Dufrense, 10 Service Age Exemption for Christopher M. Dufrense and others Favorable Action n/a n/a M.Dufresne,Petitioner Petitioner Dufrense 11 Amend General Fund Appropriation for Board of Selectmen Favorable Action- Favorable Action- n/a M.Rodgers M.Rodgers,S. Handout Fiscal Year 2010 Consensus Budget Consensus Budget Wilkerson,M.Rees 12 Amend Water Enterprise Fund Board of Selectmen To be made at Town To Take No Action n/a M.Rodgers M.Rees Respond to Questions Appropriation for Fiscal Year 2010 Meeting 13 Amend Sewer Enterprise Fund Board of Selectmen To be made at Town Increase approp.by n/a M.Rodgers M.Rees Respond to Questions Appropriation for Fiscal Year 2010 Meeting $180K Amend Stevens Estate at Osgood Hill To be made at Town 14 Enterprise Fund Appropriation for Fiscal Board of Selectmen Meeting To Take No Action n/a M.Rodgers M.Rees Respond to Questions Year 2010 15 Amend Capital Improvement Plan Board of Selectmen M.Rodgers Appropriations from Prior Years Transfer$495K from"Waverly Road Relief 15-A Sewer Main project to Sutton Street Sewer Sewer Favorable Action Favorable Action Favorable Action M.Rees Respond to Questions Im rovements" Transfer$164K from"Pre-School Facility' 15 8 to"Modular School Building Project" School Favorable Action Favorable Action Favorable Action C.Hottel Respond to Questions 16 Wireless By-law Update Town Counsel Favorable Action n/a Favorable Action T.Watson T.Urbelis Power Point& Handout Amend Zoning Bylaw,Section 3.1, 17 Establishment of Districts to add"Wireless Town Counsel Favorable Action n/a Favorable Action T.Watson T.Urbelis Telecommunications Overlay District Master List of Articles,5!7/20108:58 AM No. Article Name Article Submitter Recommendation of Recommendation of Recommendation of Motion Reader Presenter(s) Presentation Method Selectmen Finance Committee Planning Board Power Point(s)In Amend Zoning Bylaw to allow for"drive Scott Hajjar and S.Hajjar,Petitioner,& Opposition by 18 thru restuaurants within a CDD1 Zone others Favorable Action n/a Unfavorable Action S.Hajjar,Petitioner T.Watson Planning Bd and Resident 19 Fire Department Contract Award Board of Selectmen To be made at Town To be made at Town Meeting Meeting n/a T.Watson M.Rees Verbal Rodgers,M Rod Rees, g , General Fund Appropriation for Fiscal Year Favorable Action- Favorable Action- M. Handout&Power 20 2011 Board of Selectmen Consensus Budget Consensus Budget n/a M.Rodgers T.Watson,S.Limpert, Point C.Hottel 21 Water Enterprise Fund Appropriation for Board of Selectmen Favorable Action Favorable Action n/a M.Rodgers M.Rees Respond to Questions Fiscal Year 2011 22 Sewer Enterprise Fund Appropriation for Board of Selectmen Favorable Action Favorable Action n/a M.Rodgers M.Rees Respond to Questions Fiscal Year 2011 23 Stevens Estate at Osgood Hill Enterprise Board of Selectmen Favorable Action Favorable Action n/a M.Rodgers M.Rees Respond to Questions Fund Appropriation for Fiscal Year 2011 Amend Chapter 44-1 of Town Bylaws to 24 require televising of Finance Committee Board of Selectmen Favorable Action Unfavorable Action n/a T.Watson T.Watson Verbal Meetings Instructional Motion to Fincom and Selectmen requiring an article be added for Peter Besen and For:P.Besen, 25 funding of collective bargaining others Unfavorable Action Favorable Action n/a P.Besen,Petitioner Against:T.Watson Verbal agreements Change Annual Town Meeting Date to Steven Tryder and For:S.Tryder,&T. 26 Favorable Action Unfavorable Action n/a S.Tryder,Petitioner Watson 7 Saturdays others 27 Election of Planning Board others Alan Swahn and Unfavorable Action Unfavorable Action Unfavorable Action A.Swahn,Petitioner For:A.Swahn, Against:T.Watson 28 Capital Improvement Plan Appropriation Board of Selectmen M.Rodgers For Fiscal Year 2011 28-1 Roadway Improvements-$380,000,Gen. Public Works Favorable Action Favorable Action Favorable Action M.Rodgers B.Thibodeau Respond to questions Fund 28-2 Sidewalk Reconstruction-$50,000-Gen. Public Works Favorable Action Favorable Action Favorable Action M.Rodgers B.Thibodeau Respond to questions Fund 28-3 Senior Center Roof Replacement-$26,000- Public Works Favorable Action Favorable Action n/a M.Rodgers B.Thibodeau Respond to questions Gen.Fund 28-4 Facilities Master Plan,$150,000-Gen. Town Manager Favorable Action Favorable Action n/a M.Rodgers M.Rees Respond to questions Fund 28-5 Police Station Equipment$405,000 Gen. Fund Police Favorable Action Favorable Action n/a M.Rodgers R.Stanley Respond to questions School Information Technology Network Information Favorable Action at Favorable Action at 28-6 Equipment-$663,000 Gen.Fund Technology new amount of new amount of n/a M.Rodgers M.Killen Respond to questions $863,000 $863,000 Revenue Billing Software,$90,000-Gen. Information 28 7 Fund Technology Favorable Action Favorable Action n/a M.Rodgers M.Killen Respond to questions 28-8 Middle School Roof Replacement No Action No Action n/a M.Rodgers n/a Respond to questions 28-9 Body Armor Replacement,$40,000 Gen. Fund Police Favorable Action Favorable Action n/a M.Rodgers R.Stanley Respond to questions 28-10 Fire Department Radio Equipment, $432,000-Gen.Fund Fire Favorable Action Favorable Action n/a M.Rodgers W.Martineau Respond to questions Master List of Articles,5/7/20108:58 AM No. Article Name Article Submitter Recommendation of Recommendation of Recommendation of Motion Reader Presenter(s) Presentation Method Selectmen Finance Committee Planning Board 28-11 Dump Truck,2 Ton With Plow,$55,000- Public Works Favorable Action Favorable Action n/a M.Rodgers B.Thibodeau Respond to questions Gen.Fund 28.12 Fire Sprinkler System at Kittridge School, School Favorable Action Favorable Action n/a M.Rodgers C.Hottel Respond to questions $450,000-Gen Fund 28-13 Meter Replacement-$450,000-Water Fund Water Favorable Action Favorable Action Favorable Action M.Rodgers B.Thibodeau Respond to questions Report of the Community Preservation Community Verbal,Power Point if 29 Committee and Appropriation from the Preservation Favorable Action Favorable Action Favorable Action J.Simons J.Simons Necessary Community Preservation Fund Committee 30 Acceptance of Chapter fund of the Acts of 2008;Est.Trust fund for OPEB Town Manager Favorable Action Favorable Action n/a T.Watson M.Rees Verbal Amend Zoning By-law-Section 2.63.1 C.Bellavance/J. 31 Sign,Area of Building Inspector Favorable Action n/a Favorable Action J.Simons Brown Verbal Amend Zoning By-law-Section 5.1.1-Earth C.Bellavance/J. 32 Removal Building Inspector Favorable Action n/a Favorable Action J.Simons Brown Verbal Amend Zoning By-Law-Section 7.3 C.Bellavance/J. 33 Setbacks Building Inspector Favorable Action n/a Favorable Action J.Simons Brown Verbal 34 Stevens Estate Zoning Change Town Manager Favorable Action Unfavorable Action Favorable Action K.Willoe K.Willoe Verbal 35 Update Secondhand Dealers Bylaw Town Clerk Favorable Action n/a n/a J.Bradshaw J.Bradshaw Verbal 36 Update Fortuneteller Bylaw Town Clerk Favorable Action n/a n/a J.Bradshaw J.Bradshaw Verbal 37 Zoning Changes to become a"Green Sustainability To be made at Town n/a Favorable Action T.Klein T.Klien Verbal Community" Committee Meeting 38 Amend Flood Plain Regulation Bylaw Community Favorable Action n/a Favorable Acton J.Simons C.Bellavance/J. Development Brown Verbal 39 Amend Chiefs of Police and Fire By-law Board of Selectmen Favorable Action Favorable Action n/a T.Watson T.Watson Verbal Amend Town Bylaw Chapter 28,Sec.5C Housing Trust Fund To be made at Town To be made at Town 40 to allow Housing Trust Fund to Sell Trustees Meeting Meeting Favorable Action Mark Rodgers G.Koehler Verbal Property Petition State Legislature to change the 41 structure of the Essex Regional Retirement Town Manager Favorable Action Favorable Action n/a T.Watson M.Rees Verbal Board(ERRB) Master List of Articles,5/7/20108:58 AM J DRAFT it Article 11 : Amend General Fund Appropriation For Fiscal Year 2010 as voted under Article 13 of the May 13 of the 2009 Annual Town Meeting or to take any other action relative thereto. MOTION: Move to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the May 13, 2009 Annual Town Meeting as follows Decrease General Government by$47,306 for a revised total of$2,670,482 Increase Public Safety by$113,023 for a revised total of$9,039,041 Decrease Education by$244,000 for a revised total of$36,517,749 Decrease Greater Lawrence Technical School by$1,686 for a revised total of$257,553 Decrease All Other Public Works by$37,603 for a revised total of$3,184,104 Increase Health and Human Services by$45,903 for a revised total of$942,729 Decrease Culture and Recreation by$3,567 for a revised total of$809,023 Decrease Liability Insurance by$160,427 for a revised total of$10,359,073 Increase Capital and Reserves by$11,380 for a revised total of$131,380 For a Total Net Decrease of$239,643 and a Reivsed Total Appropriation of$71,554,173 And further to: Transfer from Special Revenue-GLSD $ 128,044 Or to take any other action relative there to: Amount Voted Under Article 13 General Fund Appropriation 05/13109 ATM Changes Revised Total i General Government $ 2,717,788 $ (47,306) $ 2,670,482 Public Safety $ 8,926,018 $ 113,023 $ 9,039,041 N A School $ 36,761,749 $ (244,000) $ 36,517,749 Greater Lawrence Technical School $ 259,239 $ (1,686) $ 257,553 School Building Committee $ 900 $ - $ 900 Snow& Ice Removal $ 700,000 $ - $ 700,000 All Other Public Works $ 3,221,707 $ (37,603) $ 3,184,104 Health and Human Services $ 896,826 $ 45,903 $ 942,729 Culture and Recreation $ 812,590 $ (3,567) $ 809,023 Debt Service $ 6,556,856 $ 91,196 $ 6,648,052 Employee Benefits $ 10,519,500 $ (160,427) $ 10,359,073 Liability Insurance $ 300,641 $ (6,556) $ 294,085 Capital and Reserves $ 120,000 $ 11,380 $ 131,380 Total Town Meeting Appropriaton $ 71,793,815 $ (239,643) $ 71,554,173 For Accounting Dept informational purpose only Assessments $ 2,336,140 $ - $ 2,336,140 Stabilization $ 905,000 $ - $ 905,000 Overlay $ 371,669 $ - $ 371,669 Total Budget $ 75,406,624 $ (239,643) $ 75,166,981 r n R A F Additional Original Budget Reserve Reserve(Lap 2%Reserve Budget surplus (recap) (MOU) Salaries) (Expenses) Sub Total Budget (deficits) 27th Payroll General Government 'Moderator $ 825.00 $ - $ - $ (1.50) $ 823.50 Town Manager $ 293,382.00 $ (2,159.44) $ (3,880.69) $ (1,149.00) $ 286,192.87 $ 7,982.00 Finance Committee $ 795.00 $ - $ (15.90) $ 779.10 Ass't Town Mgr/HR $ 98,365.00 $ (724.02) $ $ (170.00) $ 97,470.98 $ 3,436.00 \ Accounting $ 257,774.00 $ (1,909.26) $ (15,357.94) $ (1,154.32) $ 239,352.48 $ 7,602.00 24 48 Purchasing $ 66,760.00 $ (491.39) $ (18,984.17) $ (5,734.09) $ 41,550.35 $ 2,456.00 $ Assessors $ 308,298.00 $ (2,269.23) $ - $ (2,417.50) $ 303,611.27 $ 6,645.00 Treasurer $ 313,500.00 $ (2,307.52) $ (95.43) $ (2,895.28) $ 308,201.77 $ 6,411.00 Auditing $ 60,000.00 $ (441.63) $ - $ (2,058.37) $ 57,500.00 $ - Town Counsel $ 215,000.00 $ (1,582.51) $ - $ (4,268.35) $ 209,149.14 $ - Information Systems $ 362,500.00 $ (2,668.19) $ (4,662.09) $ (3,478.80) $ 351,690.92 $ 6,606.00v�A Clerk $ 296,982.00 $ (2,18594) $ (137.47) $ (2,566.75) $ 292,091.84 $ 6,262.00 Conservation - (263.20) $ ( ) $ 86,529.80 $ 87,071.00 $ $ ( 63.20 278.00 $ 2,794.00 Community Services $ 204,919.00 $ - $ - $ (1,382.28) $ 203,536.72 $ 5,223.00 \\` \ ~ \ \\ Planning Board $ 114,301.00 $ - $ (2,500.43) $ (267.00) $ 111,533.57 $ 3,766.00 �� v Board of Appeals $ 37,316.00 $ (6,519.96) $ (9,451.12) $ (60.00) $ 21,284.92 $ 2,717,788.00 $ (23,259.09) $ (55,332.54) $ (27,897.14) $ 2,611,299.23 $ - $ 59,183.00 Public Safety `\ \\ Police Dept $ 4,283,946.00 $ (31,532.05) $ - $ (10,080.00) $ 4,242,333.95 $ 117,520.00 Fire $ 4,370,592.00 $ (32,169.80) $ - $ (7,385.00) $ 4,331,037.20 $ (41,217.00) 110,327.00 Building Inspection $ 250,243.00 $ - $ $ (489.20) $ 249,753.80 $ 8,526.00 Emergency Mgr $ 21,237.00 $ (156.32) $ - $ (320.22) $ 20,760.46 $ 8,926,018.00 $ (63,858.17) $ - $ (18,274.42) $ 8,843,885.41 $ (41,217.00) $ 236,373.00 Public Works i DPW Admin/Eng $ 364,672.00 $ - $ (1,340.63) $ - $ 363,331.37 $ 13,023.00 � v Streets&Maint $ 785,778.00 $ (8,417.12) $ (2,762.33) $ - $ 774,598.55 $ 13,685.00 Snow Removal $ 700,000.00 $ - $ - $ - $ 700,000.00 $ Refuse Dept $ 1,281,100.00 $ (9,568.67) $ (8,985.65) $ (27,981.56) $ 1,234,564.12 $ 1,850.00 V ` Vehicle/Equip Maint $ 281,238.00 $ (2,015.59) $ (8,521.20) $ - $ 270,701.21 $ 1,828.00 Parks&School Grounc $ 508,919.00 $ (3,712.05) $ (1,437.67) $ - $ 503,769.28 $ 6,753.00 ; :' $ 3,921,707.00 $ (23,713.43) $ (23,047.48) $ (27,981.56) $ 3,846,964.53 $ - $ 37,139.00 Health and Human Services y `y Health Dept $ 191,953.00 $ - $ (2,522.90) $ (131.00) $ 189,299.10 $ 6,290.00 Elder Services $ 240,519.72 $ (1,779.46) $ (78.25) $ (729.74) $ 237,932.27 $ 7,792.00 Youth Services $ 243,952.00 $ (1,795.61) $ - $ (317.84) $ 241,838.55 7,001.00vv Veterans Services -$ 220,402.28 $ (1,613.16) $ $ $ 218,788.12- $ 32000.00 $ 1,788.00 $ 896,826.00 $ (5,188.23) $ (2,601.15) $ (1,178.58)1 $ 887,858.04 $ 32,000.00 $ 22,871.00 d 5/4/20109:22 AM,FY10 BUDGET SUMMARY -projection worksheets-includes 27th payroll cost-04-26-10.xls 1 � i I Additional Original Budget Reserve Reserve(Lap 2%Reserve Budget surplus (recap) (MOU) Salaries) (Expenses) Sub Total Budget (deficits) 27th Payroll Culture and Recreation \\ Stevens Library $ 812,590.00 $ (5,981.08) $ - $ (6,062.66) $ 800,546.26 $ 8,477.00 RN� $ 812,590.00 $ (5,981.08) $ - $ (6,062.66) $ 800,546.26 $ - $ 8,477.00 Education \ School Dept $ 36,761,749.37 $ (244,000.00) $ - $ - $ 36,517,749.37 $ 36,761,749.37 $ (244,000.00) $ - $ - $ 36,517,749.37 subtotal departmental $ 54,036,678.37 $ (366,000.00) $ (80,981.17) $ (81,394.36) $ 53,508,302.84 $ (9,217.00) $ 364,043.00 Non Departmental Cost �\ Debt $ 6,556,856.48 $ - $ - $ - $ 6,556,856.48 $ 91,196.01 Retirement Assessmen 2,596,530.33 - - - $ $ $ $ $ 2,596,530,33 $ (0.33) A\ o\\ \ \ \ Unemployment $ 153,180.00 $ - $ - $ - $ 153,180.00 $ 33,362.00 Group Insurance $ 6,847,527.00 $ - $ - $ - $ 6,847,527.00 $ (177,280.00) Payroll Taxes-Medicai $ 600,000.00 $ - $ - $ - $ 600,000.00 Police and Fire Accider $ 75,000.00 $ - $ - $ - $ 75,000.00 Workers Comp $ 247,263.00 $ - $ - $ - $ 247,263.00 $ (16,509.00) Liability Ins $ 300,641.00 $ - $ - $ - $ 300,641.00 $ (6,555.80) State Assessments $ 2,336,140.00 $ - $ - $ - $ 2,336,140.00 $ 19,713,137.81 $ - $ - $ - $ 19,713,137.81 $ (75,787.12) Other Non Departmental \ \ \ 'Regional School Asses $ 259,239.00 $ - $ - $ - $ 259,239.00 $ (1,686.00) School Bldg $ 900.00 $ - $ - $ - $ 900.00 $ 260,139.00 $ - $ - $ - $ 260,139.00 $ (1,686.00) \�\\ Capital and Reserves Stabilizations Fund $ 905,000.00 $ - $ - $ - $ 905,000.00 ` Deficits(Stevens Estate $ 120,000.00 $ - $ - $ - $ 120,000.00 $ 11,380.00 $ 1,025,000.00 $ - $ - $ - $ 1,025,000.00 $ 11,380.00 subtotal non departmental f $ 20,998,276.81 $ - $ - $ - $ 20,998,276.81 $ (66,093.12) $ - \\ \ \.. Total Original Budget $ 75,034,955.18 $ (366,000.00) $ (80,981.17) $ (81,394.36) $ 74,506,579.65 $ (75,310.12) $ 364,043.00 Overlay $ 371,668.90 $ - I $ - $ - $ - $ - $ 371,668.90 Total FY10 Budget $ 75,406,624.08 $ (366,000.00) $ (80,981.17) $ (81,394.36) $ 74,506,579.65 $ (75,310.12) $ 364,043.00 $ 75,166,981.43 �,U 5/4/20109:22 AM,FY10 BUDGET SUMMARY -projection worksheets-includes 27th payroll cost-04-26-10.xls 2 WATER RETAINED EARNINGS PROJECTIONS - (5% Reserve) Water FY10 FY10 FY10 FY11 Req. FY11 Rec. %inc.over per Recap Actual projected FY10 Bud. 05/06/10 Operating Revenues User Fees $5,010,486 $3,630,015 $4,152,511 $0 $43,114 -99.14% Interest Pen $23,000 $17,412 $20,384 $0 $0 -100.00% Hook Up Fees $40,000 $67,000 $67,000 $0 $0 -100.00% Other Fees $500,000 $655,206 $767,071 $0 $0 -100.00% Misc Revenue $0 $3,819 $3,819 $0 $0 Interest Income $8,000 $1,434 $2,510 $0 $0 Bond Premium $0 623 623 Total Oper. Rev. $5,581,486 $4,375,509 $5,013,918 $0 $43,114 -99.23% Expenses Salaries $790,892 $624,052 $693,683 $0 $0 -100.00% Expenses $1,342,287 $685,397 $927,400 $0 $0 -100.00% Pr Yr Encumbrances $0 $3,873 $3,873 Debt Service $2,686,211 $1,754,496 $2,683,206 $0 $0 -100.00% Capital Outlay $26,324 $26,324 $26,324 $0 $0 Indirects $623,712 $571,736 $623,712 $00 s0 -100.00% Total Expenses $5,469,426 $3,665,878 $4,958,198 $0 -100.00% $0 5% Deficit/Surplus $112,060 $709,631 $55,720 $43,114 Beg. Fund Bal -$98,834 -$98,834 -$98,834 -$43,114 Trans.Out/in $112,060 $709,631 $55,720 $43,114 End Fund Bal $13,226 $610,797 -$43,114 $0 The beginning fund balance of($112,060) represents the amount certified by the Department of Revenue to be available for expenditures or rate mitigation as of 6/30/09. The actual retained earnings amount is ($ 98,834) 5/6/201012:36 PMFY10 Water and Sewer- retained earning updated as of 05-06-10.xlsWater SEWER RETAINED EARNINGS PROJECTIONS (5% Reserve) Sewer FY10 Org FYI FYI FYI Req. FYI Rec. %inc.over Actual projected FY10 Bud. 05/06/10 Operating Revenues User Fees $4,156,253 $3,431,164 $4,090,017 $0 -$280,854 -106.76% Interest/Penalties $20,000 $17,500 $20,488 $0 $0 -100.00% Hook Up Fees $40,000 $93,065 $93,065 $0 $0 -100.00% Other Fees $350,000 $390,971 $457,722 $0 $0 -100.00% Misc Revenue $0 $101,604 $100,644 $0 $0 Interest Income $4,000 $2,709 $3,612 $0 $0 Bond Premium $-0 $39,883 $39,883 $0 $0 Total Oper.Rev. $4,570,253 $4,076,896 $4,805,431 $0 -$280,854 -106.15% Expenses Salaries $394,887 $447,685 $496,915 $0 $0 -100.00% Expenses $285,666 $192,538 $285,666 $0 $0 -100.00% Pr Yr Encumbrances $0 $6,534 $6,534 GLSD Assessment $1,371,463 $983,283 $1,371,463 $0 $0 -100.00% $0.00 Settlement $56,000 $56,000 $56,000 $0 $0 -100.00% Debt Service $2,078,454 $1,582,232 $2,151,812 $0 $0 -100.00% Indirects $383,783 $351,801 $383,783 $0 so -100.00% Total Expenses $4,570,253 $3,620,072 $4,752,172 $0 $0 -100.00% $0 5% Deficit/Surplus $0 $456,823 $53,258 -$280,854 Beg.Fund Bal $227,596 $227,596 $227,596 $280,854 Trans.Out/in $-0 $456,823 $53,258 -$280,854 End Fund Bal $227,596 $684,420 $280,854 $0 The beginning fund balance of$136,158 represents the amount certified by the Department of Revenue to be available for expenditures or rate mitigation as of 6/30/09. The actual retained earnings amount is$227,596. 5/6/201012:36 PMFY10 Water and Sewer- retained earning updated as of 05-06-10.xlsSewer Article 20: General fund Appropriation Fiscal Year 2011 To see if the Town will vote to raise and appropriate,transfer available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1,2010 and ending June 30,2011; or to take any other action relative thereto. BOARD OF FINANCE SELECTMEN/ COMMITTEE/BOARD TOWN OF SELECTMEN/ MANAGER TOWN MANAGER RECOMMEND RECOMMEND FY 11 Changes FY 11 GENERAL GOVERNMENT 2,221,753 7,016 2,228,769 PUBLIC SAFETY 8,895,621 (13,085) 8,882,536 EDUCATION 36,642,752 341,769 36,984,521 SNOW AND ICE REMOVAL 740,086 - 740,086 PUBLIC WORKS 3,196,787 (26,571) 3,170,216 HEALTH&HUMAN SERVICES 936,042 6,109 942,151 CULTURE&RECREATION 812,060 15,451 827,510 SUPPORT SERVICES 1,048,462 (269) 1,048,193 DEBT SERVICE 6,912,660 - 6,912,660 EMPLOYEE BENEFITS 12,661,366 (325,988) 12,335,378 LIABILITY INSURANCE 300,641 300,641 CAPITAL&RESERVES 40,000 (40,000) 0 FINANCE COMMITTEE RESERVE - 100,000 100,000 GREATER LAWRENCE TECHNICAL SCHOOL 362,832 - 362,832 SCHOOL BUILDING COMMITTEE 900 - 900 Total Town Meeting Appropriation 74,771,961 64,432 74,836,393 For accounting ouroose only State Assessments 2,186,218 (84,399) 2,101,819 Snow and Ice Deficit 288,250 (39,818) 248,432 Overlay 300,000 300,000 2,774,468 (124,217) 2,650,251 Total Budget 77,546,429 59,785 77,486,644 MOTION:MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2011 GENERAL FUND AS FOLLOWS: GENERAL GOVERNMENT 2,228,769 PUBLIC SAFETY 8,882,536 NA SCHOOL 36,984,521 SNOW AND ICE REMOVAL 740,086 ALL OTHER PUBLIC WORKS 3,170,216 HEALTH AND HUMAN SERVICES 942,151 CULTURE AND RECREATION 827,510 SUPPORT SERVICES 1,048,193 DEBT SERVICE 6,912,660 EMPLOYEE BENEFITS 12,335,378 LIABILITY INSURANCE 300,641 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESERVE 100,000 GREATER LAWRENCE TECHNICAL SCHOOL 362,832 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF 74,836,393 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE -GLSD $ 131,245 FROM SPECIAL REVENUE -COMMUITY PROGRAMS $ 64,635 $ 195,880 r FY 11 GENERAL FUND BUDGET DRAFT w/Support Services Recommendations FY11 FY11 FY11 FY11 FY11 FY11 FY11 FY11 Town Mgr&BOS 27th Payroll Possible Revised Diff BOS and Finance Committee Town Mgr. Recommended Redistributed Possible Revisions Budget Possible. Rev Recommended Diff BOS and Fincom Operating Revenues Property Taxes 58,508,358 58,508,358 58,508,358 0 58,508,358 0 Local Recipts 8,781,890 8,781,890 8,781,890 0 8,781,890 0 State Aid 8,840,837 8,840,837 -124,420 8,716,417 -124,420 8,840,837 0 Operating Transfers 1,126,621 1,126,621 64,635 1,191,256 64,635 1,126,621 0 Total Operating Revenues 77,257,706 77,257,706 0 -59,785 77,197,921 -59,785 77,257,706 0 Other Fin.Sources Free Cash 0 0 0 0 0 0 0 Overlay Surplus 0 0 0 0 0 0 0 Other one time revenues 288,723 288,723 0 288,723 0 288,723 0 0 0 Total Opr Rev&Fin.Sources 77,546,429 77,546,429 0 -59,785 77,486,644 -59,785 77,546,429 0 GENERAL GOVERNMENT Town Moderator 825 825 825 0 825 0 Selectmen/Town Manager 291,204 291,204 291,204 0 291,204 0 Asst.Town Manager/HR 98,365 98,365 98,365 0 98,365 0 Town Accountant 260,219 228,986 -1,349 0 227,637 -1,349 228,986 0 Purchasing 62,900 0 0 0 0 0 Finance Committee 795 795 795 0 795 0 Treasurer/Collector 314,685 314,185 -4,034 0 310,151 -4,034 314,185 0 Outside Auditing 51,000 0 0 0 0 0 Assessing 307,320 303,820 -584 0 303,236 -584 303,820 0 Legal 225,000 225,000 225,000 0 225,000 0 Information Systems 353,389 0 0 0 0 0 Town Clerk 331,812 331,812 -1,992 17,000 346,820 15,008 331,812 0 Community Development 204,430 198,630 198,630 0 198,630 0 Planning 113,435 113,435 -1,349 0 112,086 -1,349 113,435 0 Conservation 84,230 83,680 -675 0 83,005 -675 83,680 0 Board of Appeals 31,015 31,015 31,015 0 31,015 0 2,730,625 2,221,753 -9,984 17,000 2,228,769 7,016 2,221,753 0 PUBLIC SAFETY Police Department 4,309,432 4,289,759 -16,897 13,800 4,286,662 -3,097 4,303,559 13,800 Fire Department 4,333,998 4,333,998 -1,463 0 4,332,535 -1,463 4,333,998 0 Inspectional Services 250,627 250,627 -8,526 0 242,102 -8,526 250,627 0 Emergency Management 21,237 21,237 0 0 21,237 0 21,237 0 8,915,294 8,895,621 -26,885 13,800 8,882,536 -13,085 8,909,421 13,800 EDUCATION N A Public School 37,153,387 36,642,752 0 341,769 36,984,521 341,769 37,059,252 416,500 37,153,387 36,642,752 0 341,769 36,984,521 341,769 37,059,252 416,500 PUBLIC WORKS Administration 365,907 365,907 -2,456 0 363,451 -2,456 365,907 0 Street&Sidewalks 768,685 768,685 -13,685 0 755,000 -13,685 768,685 0 1 FY 11 GENERAL FUND BUDGET w/Support Services Recommendations FY11 FY11 FY11 -FY11 FY11 FY11 FY11 FY11 Town Mgr&BOS 27th Payroll Possible Revised Diff BOS and Finance Committee Town Mgr. Recommended Redistributed Possible Revisions Budget Possible. Rev Recommended Diff BOS and Fincom Solid Waste/Recycling 1,296,275 1,296,275 -1,850 0 1,294,425 -1,850 1,296,275 0 Fleet Maintenance 276,604 276,604 1,828 0 274,776 -1,828 276,604 0 Structures&Grounds 498,599 489,317 -6,753 0 482,564 -6,753 489,317 0 Snow&Ice Removal 740,086 740,086 0 0 740,086 0 720,000 -20,086 3,946,155 3,936,873 -26,571 0 3,910,302 -26,571 3,916,787 -20,086 HEALTH&HUMAN SERVICES Health Department 191,953 191,953 0 0 191,953 0 191,953 0 Elder Services 242,469 242,469 -2,491 5,600 245,578 3,109 248,069 5,600 Youth and Recreation Services 242,156 242,156 0` 3,000 245,156 3,000 245,156 3,000 Veterans Service 259,464 259,464 0 0 259,464 0 259,464 0 936,042 936,042 -2,491 8,600 942,151 6,109 944,642 8,600 CULTURE&RECREATION Stevens Library 812,060 812,060 3,763 19,213 827,510 15,451 831,273 19,213 Festivals Committee 0 0 0 0 0 0 0 0 Recreation 0 0 0 0 0 0 0 0 Historial Commission 0 0 0 0 0 0 0 0 812,060 812,060 -3,763 19,213 827,510 15,451 831,273 19,213 SUPPORT SERVICES Outside Auditing 0 51,000 0 0 51,000 0 51,000 0 Purchasing 0 62,900 0 0 62,900 0 62,900 0 Information Systems 0 884,562 0 -25,269 859,293 -25,269 734,562 -150,000 Structures&Grounds 0 50,000 0 25,000 75,000 25,000 75,000 25,000 0 1,048,462 0 - -269 1,048,193 -269 923,462 -125,000 DEBT SERVICE Excluded-Principal-Long Term 2,529,856 2,529,856 0 0 2,529,856 0 2,529,856 0 Excluded-Interest-Long Term 638,713 638,713 0 0 638,713 0 638,713 0 Excluded-Interest-Short Term 0 0 0 0 0 0 0 0 Included-Principal-Long Term 3,044,825 3,044,825 0 0 3,044,825 0 3,044,825 0 Included-Interest-Long Term 699,266 699,266 0 0 699,266 0 699,266 0 Included-Interest-Short Term 0 0 0 0 0 0 0 0 6,912,660 6,912,660 0 0 6,912,660 0 6,912,660 0 EMPLOYEE BENEFITS 0 Retirement Assessment 2,803,785 2,803,785 0 0 2,803,785 0 2,803,785 0 Workers Comp 259,626 259,626 0 0 259,626 0 259,626 0 Unemployment Compensation 200,000 200,000 0 0 200,000 0 200,000 0 Group Insurance 8,722,955 8,722,955 0 -325,988 8,396,967 -325,988 8,172,955 -550,000 Payroll Taxes 600,000 600,000 0 0 600,000 0 600,000 0 Police&Fire Accident&Sickness Ins 75,000 75,000 0 0 75,000 0 75,000 0 12,661,366 12,661,366 0 325,988 12,335,378 -325,988 12,111,366 -550,000 LIABILITY INSURANCE 300,641 300,641 0 0 300,641 0 300,641 0 2 C� FY 11 GENERAL FUND BUDGET w/Support Services Recommendations FY11 FY11 FY11 FY11 FY11 FY11 FY11 FY11 Town Mgr&BOS 27th Payroll Possible Revised Diff BOS and Finance Committee Town Mgr. Recommended -Redistributed Possible Revisions Budget Possible. Rev Recommended Diff BOS and Fincom CAPITAL&RESERVES Finance Committee Reserve 0 0 0 100,000 100,000 100,000 0 0 Transfer to Stabilization Fund 0 0 0 0 0 0 236,973 236,973 27th Payroll 0 0 69,694 -69,694 0 0 0 Articles 0 0 0 0 0 0 0 0 Deficits(Stevens Estate) 40,000 40,000 0 -40,000 0 -40,000 40,000 0 Deficits(Snow and Ice) 288,250 288,250 0 39,818 248,432 -39,818 288,250 0 Overlay 300,000 300,000 0 0 300,000 0 300,000 0 628,250 628,250 69,694 49,512 648,432 20,182 865,223 236,973 STATE ASSESSMENTS Spec Ed 36,547 36,547 0 0 36,547 0 36,547 0 Mosquito Control 85,449 85,449 0 0 85,449 0 85,449 0 Retired Teachers Health Insurance 1,713,623 1,713,623 0 -80,971 1,632,652 -80,971 1,713,623 0 Air Pollution Districts 8,484 8,484 0 -14 8,470 -14 8,484 0 Regional Transit 174,085 174,085 0 0 174,085 0 174,085 0 RMV Non Renewal Surc 17,460 17,460 0 0 17,460 0 17,460 0 School Choice 16,000 16,000 0 0 16,000 0 16,000 0 Charter School Assessment 74,952 74,952 0 -5,244 69,708 -5,244 74,952 0 Essex County AgriculturalAssmn't 59,618 59,618 0 1,830 61,448 1,830 59,618 0 2,186,218 2,186,218 0 84,399 2,101,819 -84,399 2,186,218 0 Regional Schools 362,832 362,832 0 0 362,832 0 362,832 0 School Building Committee 900 900 0 0 900 0 900 0 363,732 363,732 _ 0 0 363,732 0 363,732 0 Total Non-Departmental Cost 23,052,867 23,052,867 69,694 -459,899 22,662,662 -390,205 22,739,840 -313,027 General Fund Budget 77,546,429 77,546,429 0 -59,7851__ 77,486,644 -59,785 77,546,429 0 Surplus(Deficit) 0 0 0 0 0 0 0 0 3 COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM TO: Mark Rees,Town Manager FROM: Curt Bellavance, Director RE: Article 37 ;I DATE: May 10, 2010 As part of achieving the "Green Community" status with the State the Town needs to meet five criteria. We have achieved some of the criteria but not all. One of the five criteria is to allow one of the following uses "by right": (a) manufacturing of alternative/renewable energy products/uses; or (b) research and development of alternative energy products/uses; or (c) renewable/alternative energy generating facilities. The Town needs only to adopt one of the three above. The Osgood Landing site, which is zoned 1-2, already allows by right two of the three (a and b). The reason this article is being proposed is that the State requires us to specifically use the words "renewable/alternative energy". Because the 1-2 zone already allows manufacturing, and research and development by right, this article is has no effect on existing zoning. The 1-2 zone does not allow generating facilities so we did not include that with the proposed article language. The Wheelabrator facility is a generating facility but I believe that received a permit via the State. The five criteria that Town needs to achieve in order to become a Green Community: Criterion 1—As of Right Zoning Criterion 2—Expedited Permitting Criterion 3—Baseline GHG Inventory& Plan to Reduce GHG Emissions Criterion 4—Green Vehicle Fleet Purchasing Policy Criterion 5—Stretch Code 1600 Osgood Street,North Andover,Massachusetts 01845 46...,.. 070 L44 OC91 C.... 070 400 0CA9 u/„6 ......... Fees, Mark From: Bellavance, Curt Sent: Monday, May 10, 2010 3:35 PM To: Rees, Mark Subject: RE: aRTICLE 37 Renewable energy bylaw I'm not familiar with all the permits they would need but I would assume the Nuclear Regulatory Commission may have some oversight. From: Rees, Mark Sent: Monday, May 10, 2010 3:32 PM To: Bellavance, Curt Subject: RE: aRTICLE 37 Renewable energy bylaw With Federal and State permits I assume? Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees(otownofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: Bellavance, Curt Sent: Monday, May 10, 2010 3:22 PM To: Rees, Mark j Subject: RE: aRTICLE 37 Renewable energy bylaw The Green Communities program lists wind, solar, biomass (trash, organic waste, etc.) and ocean, but is not limited to that. We are not allowing a generating facility but we could allow the manufacturing of nuclear fuel rods or plutonium, which is already allowed under current zoning. From: Rees, Mark Sent: Monday, May 10, 2010 3:16 PM To: Bellavance, Curt Subject: FW: aRTICLE 37 Renewable energy bylaw Curt, any help on this? Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees(cD-townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: Tracy Watson [mailto:tmwatson @woodridgehomes.org] Sent: Monday, May 10, 2010 3:10 PM To: Rees, Mark; Lanen, Daniel; Rick Nardella; Gordon, William; rosemarysmedile @aol.com Subject: RE: aRT1CLE 37 Renewable energy bylaw 5/10/2010 Do we have a definition of alternative energy? Like Dan has said ....nuclear under this? Just curious what the exacts are....thanks! Tracy M. Watson, Senior Property Manager BARKAN MANAGEMENT COMPANY, INC. Wood Ridge Homes, Inc. 10 Wood Ridge brive North Andover, MA 01845 978.682.7093 telephone 978.687.6616 fax tmwatson @woodridgehomes.org www.barkanco.com From: Rees, Mark [mailto:mrees @townofnorthandover.com] Sent: Monday, May 10, 2010 2:40 PM To: Tracy Watson; Lanen, Daniel; Rick Nardella; Gordon, William; rosemarysmedile @aol.com Subject: FW: aRTICLE 37 Renewable energy bylaw Please read the attached letter drafted by Curt Bellavance regarding Article 37 Renewable energy bylaw. I will have a hard copy for you this evening as well. Mark Mark H. Rees Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 email: mrees townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: Bellavance, Curt Sent: Monday, May 10, 2010 12:39 PM To: Rees, Mark Subject: RE: aRTICLE 37 Renewable energy bylaw Attached is a memo outlining the reason this article is being proposed. From: Rees, Mark Sent: Monday, May 10, 2010 8:52 AM To: Bellavance, Curt Cc: Lanen, Daniel; tmwatson @woodridgehomes.org Subject: FW: aRTICLE 37 Renewable energy bylaw Curt, could you please draft up a briefing memo on Art 37 explaining what it does, who it impacts and why the Town meeting should pass this article and taking into consideration Selectmen's Lanen's concerns below? I need it today in order to distribute to the Selectmen this evening. Thanks, Mark Mark H. Rees Town Manager Town of North Andover 120 Main Street 5/10/2010 North Andover, MA 01845 email: mrees(aD-townofnorthandover.com Phone: 978-688-9510 Fax: 978-688-9556 From: lanen dan [mailto:selectmanlanen @yahoo.com] Sent: Sunday, May 09, 2010 7:53 PM To: Rees, Mark; tmwatson @woodridgehomes.org Subject: aRTICLE 37 Renewable energy bylaw We never got further info concerning this article. There were examples of what we would like to go there but not worst case scenario. I have concerns with by right zoning especially when I don't know everything that can go in. ban Lnnen phone: 978-857-7555 e-mail: selectmanlanengyahoo.com �I 5/10/2010 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 OE NORTH q 9SSACHUSEt ANNUAL TOWN MEETING MAY 11 � 2010 SUPPLEMENTAL INFORMATION Article 11. Amend General Fund Appropriation for Fiscal Year 2010 Article 15. Amend Capital Improvement Plan Appropriation from Prior Years Article 20. General Fund Appropriation Fiscal Year 2011 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011 i Article 15. Amend Capital Improvement Plan Appropriations from Prior Years A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14 2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an amount not to exceed $495,000 to fund a new project"Sutton Street Sewer Improvement". The Town Meeting Article requests using $495,000 from the Waverley Road Sewer Project, appropriated at the 2007 Town Meeting, to fund the Sutton Street Sewer Project. Since the Waverley Road project has been designed, permitted, bid, and is currently under construction, the costs are now defined and there will be funds remaining from the appropriation project, j which can be directed to the Sutton Street project. The Waverley Road project was estimated over three years ago and projected to cost $3.7M. The project will cost about $1.7M. The discrepancy is due to several factors. At the time, the Town was in the midst of the Comprehensive Wastewater Management Plan (CWMP). The original estimate took into account that the final CWMP could have increased the size of the Waverley Road project. The scope was not changed as a result of the CWMP process and the Waverley Road project moved forward in a favorable economic bidding period. Due to this advantageous bidding climate, the project came in well under the design engineer's estimate. i i Currently a portion of the Sutton Street Sewer Line, from house # 410 to Surrey Drive, is undersized. This causes surcharging/back-ups of sewerage along this line, which results in deterioration of the sewer manholes and pipes, causes odors and prevents any additional � wastewater flow from entering the system. As a result, no additional flow from upstream along the Osgood Street Industrial/Commercial Corridor is allowed to enter the system. The proposed work will increase the size of the pipes and replace manholes that have deteriorated. The project will eliminate surcharging and, therefore, prevent back-ups and odors that have caused damage j and hardship to residents of this area. B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility", an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Building Project", May 12, 2009 Annual Town Meeting, Article 24. This article will allow the town to transfer unexpended bond proceeds in the amount of$164,000 from the Preschool Project to the Kittredge Modular project. The preschool project has been completed on time and under budget. Because these funds were originally acquired through bonding, they can be transferred to pay for another capital project, providing the funds be used for a project similar in nature and with a similar lifespan, and provided the transfer is approved at Town Meeting. The additional funds are needed to ensure the Kittredge Modular Project can be completed on time and as originally designed. There are three main reasons these funds are needed. 2010 Annual Town Meeting Page 3 Supplemental Information First, when this project was approved last year, the School Department was unaware a change in the law would occur, and additional funds would be necessary to add sprinklers to the modular units. Therefore, the cost of installing sprinklers in the modular units was not factored into the original $545,000 that was approved for the project. Second, the funds will allow the School Building Committee to add some important items that will have long term benefits, such as a full perimeter foundation, white roof to help conserve energy and an internal drainage system. These items were all included in the original Request for Proposals. Unfortunately, all the bids that came in were over budget and these items plus several others had to be removed from the second Request for Proposals. Third, as of today, we have $523,065 to complete the Kittredge Modular project. This amount of funding does not allow for any cushion should unforeseen circumstances occur during construction. I i i I I 2010 Annual Town Meeting Page 4 Supplemental Information Article 20: General fund Appropriation Fiscal Year 2011 To see if the Town will vote to raise and appropriate,transfer available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; or to take any other action relative thereto. FINANCE COMMITTEE/ BOARD OF BOARD OF SELECTMEN/ SELECTMEN/TOWN FY11 BUDGET TRANSFER TO TOWN MANAGER MANAGER FY10 W/OUT SUPPORT SUPPORT RECOMMEND RECOMMEND RECAP SERVICES SERVICES FY 11 Changes FY 11 GENERAL GOVERNMENT 2,717,788 2,730,625 (508,872) 2,221,753 7,016 2,228,769 PUBLIC SAFETY 8,926,018 8,915,294 (19,673) 8,895,621 (13,085) 8,882,536 EDUCATION 36,761,749 37,153,387 (510,635) 36,642,752 341,769 36,984,521 SNOW AND ICE REMOVAL 700,000 740,086 740,086 - 740,086 PUBLIC WORKS 3,221,707 3,206,069 (9,282) 3,196,787 (26,571) 3,170,216 HEALTH&HUMAN SERVICES 896,826 936,042 936,042 6,109 942,151 CULTURE&RECREATION 812,590 812,060 - 812,060 15,451 827,511 SUPPORT SERVICES - - 1,048,462 1,048,462 (269) 1,048,193 DEBT SERVICE 6,556,856 6,912,660 - 6,912,660 - 6,912,660 EMPLOYEE BENEFITS 10,519,500 12,661,366 12,661,366 (325,988) 12,335,378 LIABILITY INSURANCE 300,641 300,641 300,641 300,641 CAPITAL&RESERVES 1,025,000 40,000 40,000 (40,000) 0 FINANCE COMMITTEE RESERVE - - 0 100,000 100,000 GREATER LAW TECH SCHOOL 259,239 362,832 362,832 - 362,832 SCHOOL BUILDING COMMITTEE 900 900 900 - 900 Total Town Meeting Appropriation 72,698,814 74,771,962 74,771,962 64,432 74,836,394 For accounting ournose only State Assessments 2,336,140 2,186,218 2,186,218 (84,399) 2,101,819 Snow and Ice Deficit - 288,250 288,250 (39,818) 248,432 Overlay 371,669 300,000 300,000 300,000 2,707,809 2,774,468 2,774,468 (124,217) 2,650,251 Total Budget 75,406,624 77,546,429 77,546,429 59,785 77,486,644 MOTION:MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2011 GENERAL FUND AS FOLLOWS: GENERAL GOVERNMENT 2,228,769 PUBLIC SAFETY 8,882,536 NA SCHOOL 36,984,521 SNOW AND ICE REMOVAL 740,086 ALL OTHER PUBLIC WORKS 3,170,216 HEALTH AND HUMAN SERVICE 942,151 CULTURE AND RECEREATION 827,511 SUPPORT SERVICES 1,048,193 DEBT SERVICE 6,912,660 EMPLOYEE BENEFITS 12,335,378 LIABILITY INSURANCE 300,641 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESER\ 100,000 GREATER LAWRENCE TECH S 362,832 SCHOOL BUILDING COMMITTE 900 FOR A TOTAL APPROPRIATIOI 74,836,394 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE -GLSD $ 131,245 FROM SPECIAL REVENUE -COM $ 64,635 $ 195,880 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011 1. Roadway provements - $380,000 Project will fund roadway improvements on various streets to supplement the annual Chapter 90 funds the Town receives from the State to upgrade the conditions of the Town's infrastructure. The work will consist of crack sealing, milling existing paving, and repaving or reclaiming depending on the specific needs as determined by the Pavement Management Study/Plan. Projects may require grading, drainage improvements, repair of curbing and sidewalks where road construction improvements are being done. The Pavement Management Study/Plan investigated all roads in Town, rated the condition of the roads, and identified repair methods and costs. The roads to be done with this appropriation include: Candlestick Road (Boxford Street to Sugarcane Lane), Acushnet Street (Peters Street to dead end), Gillman Lane (Farnum Street to dead end), Wright Avenue (Sutton Street to dead end), and Water Street (Elm Street to Clarendon Street). 2. Sidewalk Reconstruction - $50,000 Project will fund the reconstruction of existing sidewalks in the older sections of Town with priority given to school areas and elderly housing areas. There are many locations where sidewalks have deteriorated because of age, frost heaving, and encroachment of roots from trees planted adjacent to sidewalks. The program would eliminate the walking hazards of the uneven sidewalks. The sidewalks to be done with this appropriation include: Saltonstall Road (Waverley Road to Herrick Road), Herrick Road (Edmunds Street to Young Street), and Second Street (Main Street to 500 feet on the west side). 3. Senior Center Roof Replacement - $26,000 The existing roof of the Senior Center is at least 20 years old and there have been many leaks following rain storms over the past few years. Also, an evaluation of the roof indicates that the current system only provides and insulation factor of R-2.78 whereas current state energy codes call for an insulation rating of R-20. The Senior Center recently underwent extensive internal renovations and the replacement of the existing roof is recommended to protect that investment. The appropriation will allow for removal of the existing roof and replacement with a composite system. 4. Facilities Master Plan - $150,000 The Town's Master Plan provides for the following: "Facilities Plan: North Andover will plan, fund and implement a facilities improvements plan ivithin its Capital Improvement Plan in order to provide ivell-designed, modern, convenient 2010 Annual Town Meeting Page 6 Supplemental Information municipal and school buildings that meet current codes are accessible to and usable by all persons. The plan shall be based on comprehensive facilities studies and include all relevant costs associated with design, construction, land acquisition and operations and maintenance increases associated ivith each facility. The plan shall provide alternatives analysis to determine the most effective program in terms of cost and benefits" A preliminary Request for Proposal, modeled after a similar facilities planning process used by the Town of Needham, has been drafted to select a qualified architect and/or engineer. This person or firm would review existing studies and reports, develop a needs and space assessment for municipal and school operations, perform structural analysis of existing buildings and recommend feasible solutions for the Town's current and future facilities needs. The plan would address the immediate concerns regarding the vacant Bradstreet School and the soon to be abandoned police station and will also make recommendations regarding intermediate and long terms needs for municipal and school facilities. A major component of the study will be a financing and implementation plan over a ten year period. 5. Police Station Equipment - $405,000 The original proposed (and approved) budget for the new police station was calculated to bring the project within the guidelines of that year's CIP budget. Subsequently, the building committee made determinations on which items had to be included in the base project and budget, and which items could be deferred into a future funding request. In addition, the equipment requested will consolidate some Fire/Police radio operations and utilize the new station as an emergency command and operations center. A new tower and the communications equipment will integrate several town departments (police, fire, emergency management) radios into a consolidated system with better coverage throughout the Town. The requested amount includes a new base station for the radio system ($259,885), an additional radio position for the Officer-in-Charge ($2,983), telephone system with voicemail and equipment racks ($31,821), fiber optic connection ($10,000), and a new radio tower ($100,311). 6. School IT Network Equipment - $863,000 The building and organizational network is at the heart of any attempt to utilize technology. This is especially so in the education environment where so much depends on stable, reliable and dependable technology providing access to internal resources as well as internet-based content and tools. A comprehensive assessment conducted in the fall of 2008 demonstrated that network communications equipment within the schools have become unstable, are at or beyond manufacturer end-of-life and are not sufficiently reliable or robust for sustained curriculum delivery. This infrastructure project seeks to resolve this critical need through replacement of equipment (Ethernet switches, power protection, etc.) at each school and superintendent's office, incorporating modern security, communications and power management features essential to address current needs and future growth. 2010 Annual Town Meeting Page 7 Supplemental Information 7. Revenue Billing_System - $90,000 This appropriation would allow the Town to purchase RevenueSense, a billing/collection software, that will work seamlessly with BudgetSense, our existing accounting software. A main goal of any Town should be to have a unified accounting system with the accounting, treasurer, assessor, and building departments using single software. This purchase would tie in the current accounting software with the billing/receipts software eliminating duplication of effort. 8. Deleted 9. Body Armor Replacement - $40,000 Body armor offers a medium range of protection to officers at various threat levels including the most commonly encountered handguns in the United States. The replacement of body armor will maintain officer's safety and protection while in the field. The Police Department will replace its existing Level II body armor. This project will replace 50 obsolete body armor that will expire in January, 2011 and greatly increase the safety of officers. 10. Fire Department Radio Equipment - $432,000 The current 800 band frequency used by the Fire Department is being overburdened with additional cell phone service creating transmission and receiving issues that are detrimental to public safety personnel. The Federal resolution to re-band public safety has been implemented with little improvement. The current radio system is over 15 years old and parts have become obsolete. This appropriation would replace the 800 band radio frequency and radio communications equipment with a new 400 band UHF radio system and frequency. The Town already is in possession of the license for the new 400 band frequency. Mixing the analog mobile radios with the analog portable radios would provide state of the art technology, avoid the digital safety concerns, and minimize the future upgrade costs that total digital radio frequencies bring. The 400 band UHF frequency would provide improve communications and allow the Fire Department to be interoperable with mutual aid agencies in Essex County. 11. Dump Truck, Two-Ton with Plow - $55,000 The funds would purchase a two-ton diesel dump truck with plow for use in the Public Work's Tree Department. The current truck is a 1999 Ford F350, with approximately 90,000 miles, with a rusted frame and in need of a transmission replacement. This new vehicle will serve as a second chip truck. 2010 Annual Town Meeting Page 8 Supplemental Information 12. Fire Sprinkler System for the Kittredge School - $450,000 At the 2009 Annual Town Meeting, the voters of North Andover approved funding for the construction of modular classrooms and office space for Community Programs, adjacent to Kittredge Elementary School. This space is needed to alleviate overcrowding at Kittredge and provide Community Programs with much needed room for expansion. Initial bids for the project were all rejected due to all being over budget. A new round of bids P J J g g was received and the project has been awarded to M Space Holdings. The execution of a contract; however, depends on the outcome of tonight's meeting. Approval of the CIP line item for sprinklers at Kittredge will permit the construction of attached classrooms and office space. Why are we requesting sprinklers now and why wasn't this requested at last year's town meeting? During the bidding process, the law changed. Effective January 1, 2010, Massachusetts General Laws, Chapter 148, Section 26G, requires sprinklers to be installed in the entire building when adding an addition to an existing building would create a combined total of more than 7,500 square feet. The proposed modular addition will give total floor space of 30,600 square feet. The School Building Committee filed an appeal with the Massachusetts Automatic Sprinkler Board seeking a waiver of the requirement. The waiver was not granted, but an extension for installation of the sprinklers was allowed giving the Town until December 1, 2011 to install the sprinklers, provided funds were committed at Town Meeting. With the approval of funds tonight, the project may proceed as originally envisioned with new classrooms ready for use by September 2010. i The School Committee, in its Capital Improvement Project requests for Fiscal Years '09, '10 and '11, requested funding for installation of sprinklers at the Kittredge, Franklin and Atkinson elementary schools, to be completed in 2015. Due to the change in the law, and the absolute necessity to move forward with the Kittredge Modular project, the plan has been revised to move the installation of sprinklers for Kittredge to 2011. The Atkinson and Franklin schools will remain on the School Department's list of requests for installation in Fiscal Year 2015. Sprinkler systems, although recommended by the Fire Department, are currently not required at the Franklin, Atkinson or Kittredge Schools. The installation of sprinklers at Kittredge was not moved up to address an increased safety concern. The only reason sprinklers are now being required at Kittredge is due to a change in the law regarding additions. This is not a safety issue. Our schools are safe. Every year, the North Andover Fire Department conducts an inspection of our schools to ensure that our school buildings are free of fire hazards and comply with all regulations. The funding for this project will come from the bonding of funds for Capital Improvement Projects. Both the High School and the Preschool projects were on time and under budget. The School Building Committee will strive to achieve that same goal for the Kittredge Modular project. 2010 Annual Town Meeting Page 9 Supplemental Information p,µpHT.1y . O 9 ♦ Yi ,SSICNUSE Town of North Andover Annual Town Meeting Motion Book May 11, 2010 Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Board of Selectmen ARTICLE 1. REPORTS OF SPECIAL COMMITTEES. MOTION: MOVE TO TAKE NO ACTION=NO REPORTS OF SPECIAL COMMITTEES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: PRESENTATION FORMAT: VERBAL ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: Article 2. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2008 Annual Town Report; Board of Selectmen ARTICLE 2. REPORTS OF RECEIPTS AND EXPENDITURES. MOTION: MOVE TO ACCEPT THE REPORT OF RECEIPTS AND EXPENDITURES AS PRESENTED IN THE 2009 ANNUAL TOWN REPORT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN MOTION PRESENTER: THOMAS J. URBELIS-TOWN COUNSEL PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: THE 2009 TOWN REPORT IS POSTED ON THE WEB SITE AND PRINT COPIES WILL BE AVAILABLE AT TOWN MEETING. ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 2 Article 3. Authorization of the Town Manager or Superintendent of Schools 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, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of at least four (4) members of the Board of Selectmen or the School Committee, as appropriate; Board of Selectmen ARTICLE 3. AUTHORIZATION OF THE TOWN MANAGER OR SUPERINTENDENT OF SCHOOLS REGARDING CONTRACTS IN EXCESS OF THREE YEARS. MOTION: MOVE TO ADOPT ARTICLE 3 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN,BOS MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: EXPLANATION TO BE GIVEN BY THOMAS J. URBELIS THAT THIS EXCLUDES PERSONNEL CONTRACTS AND NEEDS TO BE APPROVED BY THE BOARD OF SELECTMEN OR SCHOOL COMMITTEE. ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 3 Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Board of Selectmen ARTICLE 4. AUTHORIZATION TO ACCEPT GRANTS OF EASEMENTS MOTION: MOVE TO ADOPT ARTICLE 4 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN,BOS i MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: RESPOND TO QUESTIONS ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 4 Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Board of Selectmen ARTICLE 5. AUTHORIZATION TO GRANT EASEMENTS. MOTION: MOVE TO ADOPT ARTICLE 5 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIRMAN, BOS MOTION PRESENTER: THOMAS J. URBELIS PRESENTATION FORMAT: RESPOND TO QUESTIONS I ***TWO-THIRD (2/3) VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 5 Article 6. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person,per annum $5,000 Chairman of Board of Selectmen,per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee,per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 Board of Selectmen ARTICLE 6 COMPENSATION OF ELECTED OFFICIALS. MOTION: MOVE TO ADOPT THE COMPENSATION SCHEDULE FOR ELECTED OFFICIALS AS PRINTED IN THE WARRANT. i RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 6 Article 7. Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior years, by respective departments, using appropriations of the current fiscal year; Prior Year Invoices Fiscal Year 2009 Vendor Amount Department Merrimack Valley Planning 4,525.66 Assessors Weston and Sampson 4,400.00 Fire Al McGregor 560.00 Public Works Federal Express 24.19 Purchasing MSC/SID 595.42 Stevens Estate The Home Depot 122.31 Stevens Estate GOAM Media 505.75 Stevens Estate Peterson Party Center 308.11 Stevens Estate Mid America Adm & Retirement 844.38 School Dept First Student 332.50 School Dept TransCanada 5,574.97 School Dept WB Mason 713.20 School Dept S 18.506.49 Board of Selectmen ARTICLE 7. PRIOR YEARS UNPAID BILLS. MOTION: MOVE TO ADOPT ARTICLE 7 AS PRINTED IN THE WARRANT. BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTERS: MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***FOUR-FIFTHS (4/5) VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 7 Article 8. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the Fiscal Year beginning July 1, 2010; Revolving Fund Accounts Account Revolving FY 2011 Number Fund Authorized to Spend Use of Funds Revenue Source Limit l, Participants'fees, 2031213 Youth and Assistant Town All programs and Grants,Donations, $ 250,000 Recreation Manager activities,expense,part and related Services time help Fundraising Revolving proceeds ?. Field rental fees, 2031210 Field Director-Division of Field maintenance, Grants,Donations, $ 10,000 Maintenance Public Works upgrade and related and related expenses Fundraising proceeds 3. 2031217 Elder Services Assistant Town Senior programs, Participants'fees, $ 20,000 -COA Manager classes and activities Grants, Donations, Revolving and related Fundraising proceeds 4. Clinic participant 2031211 Health Director-Community Clinic supplies and fees, Grants, $ 30,000 Department Development Division other related materials Donations, and Revolving related Fundraising proceeds i, Wheelabrator Host 2031204 Wheelabrator Director-Community Air quality monitoring Community $ 35,000 Planning Development Division Agreement i. Wheelabrator Host 2031205 Wheelabrator Director-Community To enforce Trash Truck Community $ 20,000 Public Safety Development Division regulations Agreement �. Protection of health, Wheelabrator Host 2031206 Wheelabrator— Director-Community safety and monitoring Community $ 18,000 Health Development Division the air quality Agreement 3. Food Consultant fees 2031207 Health Dept- Director-Community and expenses related to Inspection Fees $ 20,000 Food Development Division program Inspections >. Septic Consultant fees 2031208 Health Dept- Director-Community and expenses related to Inspection Fees $ 30,000 Septic Development Division program Inspections 10 Stormwater Director-Community Review,test and inspect Review Fees $ 50,000 Bylaw Development Division Stormwater reports TOTAL $483,000 2010 ANNUAL TOWN MEETING MOTION BOOK Page 8 Revolving Fund Account'Recei'ts,and Ex endituress FY09 Receipts Account Balance FY09 Expendit Balance thru Expenditures Number Revolving Fund 7/1/08 Receipts ures 06/30/09 03/31/10 thru 03131110 Balance 1 2031213 Youth and $ 275,329 $ 260,219 $ $ 295,219 $ 86,714 $ (229,358) $ 152,575 Recreation (240,328) Services Revolving 2 2031210 Field $ 16,458 $ 8,000 $ $ 14,268 $ 6,900 $ - $ 21,168 Maintenance (10,190) 3 Elder Services 2031217 -COA $ 627 $ 2,388 $ $ $ 9,945 $ $ 3,258 Revolving (605) 2,410 (9,097) 4 2031211 Health Dept $ 10,170 $ 25,048 $ $ 9,722 $ 27,301 $ $ 17,835 Revolving (25,495) (19,189) 5 2031204 Wheelabrator $ 58,343 $ 25,000 $ $ 57,308 $ 25,000 $ $ 69,869 Planning (26,035) (12,438) 6 Wheelabrator 2031205 Public Safety $ 69,799 $ 12,500 $ $ $ 15,700 $ $ 23,971) 58,328 (5,704) 68,324 7 2031206 Wheelabrator- $ 24,067 $ - $ $ 20,988 $ - $ $ Health (3,079) (2,000) 18,988 8 Health Dept- 2031207 Food Inspections $ 67,490 $ 22,065 $ $ 75,457 $ 21,235 $ $ 87,279 (14,098) (9,413) 9 Health Dept- 2031208 Septic $ 28,937 $ 11,150 $ $ 17,749 $ 7,309 $ $ Inspections (22,338) (10,383) 14,676 Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 9 ARTICLE 8. ESTABLISHMENT OF REVOLVING FUNDS. MOTION: MOVE TO "ADOPT ARTICLE 8 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER : MARK RODGERS CHAIR, FINANCE COMMITTEE i MOTION PRESENTER: MARK RODGERS CHAIR, FINANCE COMMITTEE MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: I Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 10 Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K— Senior Work Program—Funding of $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program in the amount of$18,000; i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 11 ARTICLE 9. CONTINUATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 59 SECTION 5K—SENIOR WORK PROGRAM—FUNDING OF $18,000. MOTION: MOVE TO ADOPT ARTICLE 9 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 12 Article 10. Petition the General Court — Age Exemption — Christopher M. Dufresne — Firefighter. To see if the Town will vote to Petition the General Court to enact Legislation so that Christopher M. Dufresne shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Christopher M. Dufresne shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws and regulations of the civil service commission and any lawful hiring practices for the Town of North Andover; Petition of Christopher M. Dufresne and others ARTICLE 10. PETITION THE GENERAL COURT — AGE EXEMPTION — CHRISTOPHER M. DUFRESNE—FIREFIGHTER. MOTION: MOVE TO ADOPT ARTICLE 10 AS PRINTED IN THE WARRANT.. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: CHRISTOPHER DUFRESNE,PETITIONER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: MR. MODERATOR; PLEASE TAKE HAND COUNT IF NOT UNANIMOUS. ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 13 Article 11. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the 2009 Annual Town Meeting; MOTION: Move to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the May 13,2009 Annual Town Meeting as follows Decrease General Government by $47,306 for a revised total of$2,670,482 Increase Public Safety by $113,023 for a revised total of$9,039,041 Decrease Education by$244,000 for a revised total of$36,517,749 Decrease Greater Lawrence Technical School by$1,686 for a revised total of$257,553 Decrease All Other Public Works by $37,603 for a revised total of$3,184,104 Increase Health and Human Services by $45,903 for a revised total of$942,729 Decrease Culture and Recreation by $3,567 for a revised total of$809,023 Increase Debt Service by $91,196 for a revised total of$6,648,052 Decrease Employee Benefits by $160,427 for a revised total of$10,359,073 Decrease Liability Insurance by $6,556 for a revised total of$294,085 Increase Capital and Reserves by $11,380 for a revised total of$131,380 For a Total Net Decrease of$239,643 and a Revised Total Appropriation of$71,554,173 i And further to: Transfer from Special Revenue - GLSD $ 128,044 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION CONSENSUS BUDGET FINANCE COMMITTEE: FAVORABLE ACTION CONSENSUS BUDGET MOTION READER: MARK RODGERS, CHAIR,FINANCE COMMITTEE MOTION PRESENTERS: MARK RODGERS, CHAIR, FINANCE COMMITTEE MARK H. REES, TOWN MANAGER\ PRESENTATION FORMAT: HANDOUT AND VERBAL PRESENTATION ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 14 Article 12. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Board of Selectmen ARTICLE 12. AMEND WATER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 12. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: TO TAKE NO ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 15 Article 13. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 19 Sewer Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Board of Selectmen i ARTICLE 13. AMEND SEWER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010. MOTION: MOVE TO AMEND THE SEWER ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010 AS FOLLOWS: INCREASE TOTAL APPROPRIATION IN AGGREGATE BY $ 181,919 , THAT FUNDS BE TRANSFERRED FROM RETAINED EARNINGS FOR A REVISED TOTAL APPROPRIATION OF $ 497529172. RECOMMENDATIONS: I BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 16 Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Board of Selectmen ARTICLE 14. AMEND STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2010. MOTION: -MOVE TO "TAKE NO ACTION" ON ARTICLE 14. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO TAKE NO ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: I I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 17 Article 15. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted by: A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14, 2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an amount not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements". B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town Meeting, Article 24. Board of Selectmen I I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 18 ARTICLE 15. AMEND CAPITAL IMPROVEMENT PLAN APPROPRIATIONS FROM PRIOR YEARS. MOTION: MOVE THAT PRIOR FISCAL YEAR'S CAPITAL IMPROVEMENT PLAN APPROPRIATIONS ARE HEREBY AMENDED AS FOLLOWS: A. UNEXPENDED BOND PROCEEDS IN THE AMOUNT OF $495,000 FROM THE FISCAL YEAR 2008 CAPITAL IMPROVEMENT PLAN VOTED AT THE MAY 14, 2007 ANNUAL TOWN MEETING UNDER ARTICLE 21, LINE 23, "WAVERLEY ROAD RELIEF SEWER MAIN" ARE HEREBY TRANSFERRED TO A NEW PROJECT "SUTTON STREET SEWER IMPROVEMENTS"; AND B. UNEXPENDED BOND PROCEEDS IN THE AMOUNT OF $164,000 FOR THE PRESCHOOL FACILITY VOTED AT THE MAY 13, 2008 ANNUAL TOWN MEETING UNDER ARTICLE 22 ARE HEREBY TRANSFERRED TO THE MODULAR SCHOOL BUILDINGS PROJECT VOTED UNDER THE FISCAL YEAR 2010 CAPITAL IMPROVEMENT PLAN, ARTICLE 24, LINE IA, AT THE MAY 12, 2009 ANNUAL TOWN MEETING. BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR,FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER-PART A CHRISTOPHER HOTTEL,SUPERINTENDENT=PART B PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 19 Article 16. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless Telecommunications Overlay District: ARTICLE 16. AMEND ZONING BYLAW SECTION 8.9 WIRELESS SERVICE FACILITIES. FULL TEXT OF THIS BYLAW ON PAGES 26-44 OF THE FINANCE COMMITTEE REPORT. MOTION: MOVE TO ADOPT ARTICLE 16 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN BOS MOTION PRESENTER: THOMAS J. URBELIS,TOWN COUNSEL JOHN SIMONS,CHAIR,PLANNING BOARD PRESENTATION FORMAT: POWERPOINT NOTES: ***TWO-THIRD (2/3)VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 20 Article 17. Amend Zoninjj Bylaw — Section 3 ZoninLy Districts and Boundaries, Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to the list of designated districts within the bylaw. Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown as underlined. Wireless Telecommunications Overlay District Board of Selectmen ARTICLE 17. AMEND ZONING BYLAW — SECTION 3 ZONING DISTRICTS AND BOUNDARIES, SUBSECTION 3.1 ESTABLISHMENT OF DISTRICTS. MOTION: MOVE TO ADOPT ARTICLE 17 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: INCLUDE MAP ON FILE IN THE TOWN CLERK'S OFFICE AS PART OF THE VOTE. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON, CHAIR, BOS MOTION PRESENTER: THOMAS J. URBELIS, TOWN COUNSEL PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 21 Article 18 . Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the Town will vote to amend the Zoning Bylaws by inserting the following language: "Drive—thru restaurants shall be permitted within the CDD 1 zone provided they are located more than 250 feet from the R6 zoned district." The purpose of this article is to promote the Town's stated public policy goal of increasing North Andover's commercial tax base along Route 11 4b encouraging the highest and best use of those properties pursuant to Massachusetts General Law. This commercial revenue will benefit the schools, police, fire, and public works departments of the Town without increasing residential property taxes. This article also restores a business use to the impacted properties on Route 114 that was previously approved at town meeting by the citizens of North Andover. Petition of Scott Hajjar and others ARTICLE 18 . AMEND SECTION 16.2 OF THE TOWN OF NORTH ANDOVER ZONING BYLAWS I MOTION: PETITIONER TO DRAFT MOTION. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION READER: SCOTT HAJJAR, PETITIONER MOTION PRESENTER: SCOTT HAJJAR, PETITIONER PRESENTATION FORMAT: NOTES: ***TWO-THIRD (2/3)VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 22 Article 19. Approve Collective Bargaining Agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035. To see if the Town will vote to approve a collective bargaining agreement, as a result of a Joint Labor Management Committee (JLMC) arbitration award, between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035, for the period of July 1, 2008 through June 30, 2012. Board of Selectmen ARTICLE 19. APPROVE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF),LOCAL 2035. MOTION: MOVE THAT THE TOWN MEETING VOTE TO APPROVE THE FUNDING OF THE ECONOMIC TERMS AWARDED BY AN ARBITRATION PANEL OF THE JOINT LABOR MANAGEMENT COMMITTEE, IN CASE NO. JLMC 09-13F, SPECIFICALLY: (A) WAGE INCREASES OF 0% EFFECTIVE JULY 1, 2008; 0% EFFECTIVE JULY 1, 2009; 1.5% EFFECTIVE JULY 1, 2010; AND 2.5% EFFECTIVE JULY 1,2011. (B) NIGHT SHIFT DIFFERENTIAL INCREASES FROM 2% TO 3.5% EFFECTIVE JULY 1, 2011; AND FROM 3.5% TO 3.75% EFFECTIVE JUNE 30, 2012. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: MARK H. BEES, TOWN MANAGER— PRESENTATION FORMAT: RESPOND TO QUESTIONS ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: I I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 23 Article 20. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; ARTICLE 20. GENERAL FUND APPROPRIATION FISCAL YEAR 2011. MOTION: MOTION: MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2011 FULL TEXT OF ARTICLE ON PAGES 47-51 OF THE FINANCE COMMITTEE REPORT. GENERAL FUND AS FOLLOWS: GENERAL GOVERNMENT 2,228,769 PUBLIC SAFETY 8,882,536 NA SCHOOL 36,984,521 SNOW AND ICE REMOVAL 740,086 ALL OTHER PUBLIC WORKS 3,170,216 HEALTH AND HUMAN SERVICES 942,151 CULTURE AND RECREATION 827,510 SUPPORT SERVICES 1,048,193 DEBT SERVICE 6,912,660 EMPLOYEE BENEFITS 12,335,378 LIABILITY INSURANCE 300,641 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESERVE 100,000 GREATER LAWRENCE TECHNICAL SCHOOL 362,832 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF $74,836,393 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD $ 131,245 FROM SPECIAL REVENUE - COMMUITY PROGRAMS $ 64,635 $ 195,880 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION=CONSENSUS FINANCE COMMITTEE: FAVORABLE ACTION=CONSENSUS MOTION READER: MARK RODGERS,CHAIR,FINANCE COMMITTEE 2010 ANNUAL TOWN MEETING MOTION BOOK Page 24 MOTION PRESENTER: MARK RODGERS,CHAIR,FINANCE COMMITTEE MARK H. REES, TOWN MANAGER TRACY M. WATSON, CHAIRMAN,BOS STAN LIMPERT,CHAIRMAN,SCHOOL COMMITTEE CHRISTOPHER HOTTEL, SUPERINTENDENT PRESENTATION FORMAT: POWERPOINT ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: I I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 25 Article 21. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; WATER ENTERPRISE FYI I Recommendation Town Manager Board of Selectmen Finance FY10 Department Committee Personnel 785,092 623,494 623,494 Expense 1,374,411 1,400,465 1,300,465 Debt Service 2,686,211 2,791,277 2,791,277 Sub-Total Direct Expenditures 4,845,714 4,815,236 4,715,236 Admin/Indirect 623,712 658,016 658,016 Total Water Enterprise 5,469,426 5,473,252 5,373,252 I Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 26 ARTICLE 21. WATER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2011 MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $5,373,252 IN AGGREGATE, FOR THE PURPOSE LISTED UNDER COLUMN "FY11 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE WATER ENTERPRISE FUND, THAT $5,373,252 BE RAISED FROM WATER RECEIPTS AND FROM THESE RECEIPTS $658,016 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIRMAN,FINANCE COMMITTEE MOTION PRESENTER: MARK H. REES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 27 Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; SEWER ENTERPRISE FUND FYI I Recommendation Town Manager FY10 Department Board of Selectmen Budget Request Finance Committee Personnel 394,887 560,473 560,473 Expense 282,450 329,201 300,201 GLSD Assessment 1,367,010 1,642,900 1,642,900 Settlement 56,000 56,000 56,000 Debt Service 2,086,123 2,068,082 2,068,082 Sub-Total Direct Expenditures 4,186,470 4,656,656 4,627,656 Admin/Indirect 383,783 422,161 422,161 Total Sewer Enterprise 4,570,253 5,078,817 5,049,817 Or to take any other action relative thereto. Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 28 ARTICLE 22. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2011. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $5,049,817 IN AGGREGATE, FOR THE PURPOSE LISTED UNDER THE COLUMN "FYll RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE SEWER ENTERPRISE FUND, THAT $5,049,817 BE RAISED FROM SEWER RECEIPTS AND FROM THESE RECEIPTS $422,161 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. REES, TOWN MANAGER- PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 29 Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2011. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; STEVENSESTATE AT OSGOOD HILL ENTERPRISE FYI FYI FYI Department Recommendation Budget Request Town Manager Board of Selectment Finance Committee Personnel 102,930 103,372 103,282 Expense 138,557 143,352 143,442 Debt Service 0 0 0 Sub-Total Direct Expenditures 241,487 246,724 246,724 Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate Enterprise 287,947 293,184 293,184 j Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 30 ARTICLE 23. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION - FISCAL YEAR 2011. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $293,184 LISTED UNDER THE COLUMN "FY11 RECOMMENDED: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" AND TO OPERATE THE STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND THAT $293,184 BE RAISED FROM STEVENS ESTATE AT OSGOOD HILL FUND AND FROM THESE RECEIPTS $46,460 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: MARK RODGERS, CHAIR, FINANCE COMMITTEE MOTION PRESENTER: MARK H. BEES, TOWN MANAGER PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 31 Article 24. Amend General Bylaws Chapter 44 Public Meetings, Section 1 Televising of Land Use Board Meetings. To see if the Town will vote to change the title of Section 44.1 of the General Bylaws, and add the Board of Selectmen and Finance Committee to those boards whose meetings are to be televised. Chapter 44, Section 1, is to be amended by removing the text shown as stricken, and adding the text shown as underlined § 44-1 Televising of Land Use Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health., and Conservation Commission, Board of Selectmen and Finance Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room. All such meetings shall have posted agendas of discussion items and application names in the Town Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time. If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health.,or Conservation Commission, Board of Selectmen or Finance Committee. I Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 32 ARTICLE 24. AMEND GENERAL BYLAWS CHAPTER 44 PUBLIC MEETINGS, SECTION 1 TELEVISING OF LAND USE BOARD MEETINGS. MOTION: MOVE TO ADOPT ARTICLE 24 AS WRITTEN IN THE WARRANT WITH THE FOLLOWING CHANGE: ADD THE PHRASE "OR OTHER LOCATIONS AS DETERMINED BY THE TOWN MANAGER OR THE TOWN MANAGER'S DESIGNEE" AT THE END OF THE SECOND SENTENCE. " RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN, BOS MOTION PRESENTER: TRACY M. WATSON,CHAIRMAN,BOS PRESENTATION FORMAT: VERBAL i i NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i I I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 33 Article 25. Procedure for Funding of Collective Bargaining Agreements. To see if the Town will vote to instruct the North Andover Finance Committee and Board of Selectmen to add a warrant article to every annual town meeting which will enable town meeting to approve or disapprove the funding of collective bargaining as required and specified under Massachusetts General Laws Chapter 150E, Section 7 (b); Petition of Peter Besen and others ARTICLE 25. PROCEDURE FOR FUNDING OF COLLECTIVE BARGAINING AGREEMENTS. MOTION: PETITIONER TO DRAFT MOTION RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: PETER BESEN,PETITIONER MOTION PRESENTER: PETER BESEN,PETITIONER PRESENTATION FORMAT: NOTES: WAITING FOR LABOR COUNSEL ***MAJORITY VOTE REQUIRED*** i VOTE: DATE: TIME: j i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 34 Article 26. Change Annual Town Meeting to Saturday. To see if the Town will vote to change Annual Town Meeting from being held on a weekday evening(s) schedule to an all day Saturday schedule. The purpose of this article is to encourage increased town-wide citizen participation among registered voters who wish to exercise their civic duty to the town and its future. A Saturday schedule will allow for better child care options for parents who wish to attend more flexibility of attendance , provide safer daylight driving conditions for seniors, allow less conflict with voter work schedules, limit the meeting to only one day (start to finish) and provide new opportunities for community fundraising, educational events and community celebration to occur simultaneously; Petition of Steven Tryder and others ARTICLE 26. CHANGE ANNUAL TOWN MEETING TO SATURDAY, MOTION: PETITIONER TO DRAFT MOTION. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION READER: STEVEN TRYDER,PETITIONER MOTION PRESENTER: STEVEN TRYDER,PETITIONER TRACY M. WATSON,CHAIRMAN ,BOS PRESENTATION FORMAT: NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 35 Article 27. Election of Plannine Board Members. To see if the Town will vote to amend Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of the town. The Planning Board shall consist of five members and shall be elected at large for three-year overlapping terms. The purpose of this article is to allow the Planning Board to be elected by vote of the town, thereby promoting greater citizen participation and transparency in decision making processes that are important to the town's future growth and development. An elected Planning Board is consistent with the majority of towns within the Commonwealth that have the same town meeting form of government as North Andover where 70% of such communities elect their planning boards according to Massachusetts Municipal Association. Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and objectively represented and in keeping with government by its citizens and for its citizens; Petition of Alan Swahn and others 2010 ANNUAL TOWN MEETING MOTION BOOK Page 36 ARTICLE 27. ELECTION OF PLANNING BOARD MEMBERS. MOTION: PETITIONER TO DRAFT MOTION/ RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION READER: ALAN SWAHN,PETITIONER MOTION PRESENTER: ALAN SWAHN,PETITIONER PRESENTATION FORMAT: NOTES: IF MOVED AS PETITION OF THE LEGISLATUREXLEASE DO HAND COUNT IF NOT UNANUIMOUS. ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 37 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below, provided .hat, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, he Town may, by vote of the Town Meeting, have the following condition added to it: "provided hat this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 .ebt exclusion referendum under General Laws Chapter 59, Section 21C(k)": Fiscal Year 2011 CI P Recommendations: Town Manager's Line# Pro iect Description Fund Code Recommendations 1 Roadway Improvements B/N-G $ 380,000 2 Sidewalk Reconstruction B/N-G $ 50,000 3 Senior Center Roof Replacement B/N-G $ 26,000 4 Facilities Master Plan B/N-G $ 150,000 5 Police Station Equipment B/N-G $ 405,000 6 School IT Network Equipment B/N-G $ 863,000 7 Revenue Billing System B/N-G $ 90,000 8 Middle School Roof Replacement B/N-G $ 310,000 9 Body Armor Replacement B/N-G $ 40,000 10 Fire Department Radio Equipment B/N-G $ 432,000 11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000 12 Fire Sprinkler Sys. Kittredge School B/N-G $ 450,000 General Fund Total $ 3,251,000 13 Meter Replacement B/N-W $ 450,000 Water Enterprise Fund Total $ 450,000 B/N-S $ - R/A-S $ - Sewer Enterprise Fund Total $ - * Fund Codes spelled out below 2010 ANNUAL TOWN MEETING MOTION BOOK Page 38 Funding Recommendation Code Totals Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate - Water Enterprise R&A-W $ - Raise and Appropriate - Sewer Enterprise R&A-S $ - Bonds/Notes - General Fund B/N-G $ 3,251,000 Bonds/Notes - Water Enterprise B/N-W $ 450,000 Bonds/Notes - Sewer Enterprise B/N-S $ - Total All Capital Projects $ 3,701,000 Board of Selectmen I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 39 MOTION: MOVE TO FUND THE TOWN CAPITAL IMPROVEMENT PROGRAM AS PRINTED UNDER ARTICLE 28 OF THE WARRANT FOR THE 2010 ANNUAL TOWN MEETING UNDER THE HEADING "FYI ICIP RECOMMENDATIONS" WITH THE FOLLOWING AMENDMENT: DELETE LINE #8 "MIDDLE SCHOOL ROOF REPLACEMENT", FUND CODE B/N-G, $310,000 AND TO APPROPRIATE $3,391,000 FOR THE LISTED PROJECTS IN THE AMOUNTS AS FOLLOWS: FYll CIP Recommendations Line # Project Description Fund Code Board of Selectmen/Town Manager Recommendations 1 Roadway Improvements B/N-G $ 380,000 2 Sidewalk Reconstruction B/N-G $ 50,000 3 Senior Center Roof Replacement B/N-G $ 26,000 4 Facilities Master Plan B/N-G $ 150,000 5 Police Station Equipment B/N-G $ 405,000 6 School IT Network Equipment B/N-G$ 863,000 7 Revenue Billing System B/N-G $ 90,000 9 Body Armor Replacement B/N-G $ 40,000 10 Fire Department Radio EquipmentB/N-G $ 432,000 11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000 12 Fire Sprinkler Syst. Kittredge Sch.B/N-G $ 450,000 i General Fund Total $ 2,941,000 13 Meter Replacement B/N-W $ 450,000 Water Enterprise Fund Total $ 450,000 Fund Codes spelled out below Funding Recommendation Code Totals Raise and Appropriate- General Fund R&A-G Raise and Appropriate-Water Enterprise R&A-W Raise and Appropriate- Sewer Enterprise R&A-S Bonds/Notes - General Fund B/N-G $ 2,941,000 Bonds/Notes -Water Enterprise B/N-W $ 450,000 Total All Capital Projects $ 3,391,000 2010 ANNUAL TOWN MEETING MOTION BOOK Page 40 THAT TO MEET THIS APPROPRIATION: (1) THE TREASURER WITH THE APPROVAL OF THE BOARD OF SELECTMEN IS AUTHORIZED TO BORROW $2,941,000 UNDER CHAPTER 44 OF THE MASSACHUSETTS GENERAL LAWS, AND (2) THE TREASURER WITH THE APPROVAL OF THE BOARD OF SELECTMEN IS AUTHORIZED TO BORROW $450,000 UNDER CHAPTER 44 OF THE MASSACHUSETTS GENERAL LAWS, AND THAT WHILE SUCH $450,000 BONDS OR NOTES SHALL BE GENERAL OBLIGATIONS OF THE TOWN, IT IS THE INTENT OF THE TOWN THAT SUCH $450,000 BONDS OR NOTES BE PAID BY AMOUNTS IN THE WATER ENTERPRISE FUND. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION 1,2,3,4,5,67,9,10,11,12,13 FINANCE COMMITTEE: FAVORABLE ACTION 1,2,3,4,5,6($863,000),7,9,10,11,12,13 PLANNING BOARD: FAVORABLE ACTION 1,2,13 MOTION READER: MARK RODGERS,CHAIRMAN,FINANCE COMMITTEE MOTION PRESENTER: BRUCE THIB0DEAU,1,2,3,11,13 MARK H. REES,4 RICHARD M. STANLEY,5,9 WILLIAM MARTINEAU,10 MATT KILLEN,6,7 CHRISTOPHER H0TTEL,12 PRESENTATION FORMAT: RESPOND TO QUESTIONS ***TWO-THIRD (2/3) VOTE REQUIRED*** VOTE: DATE: TIME: i ICI I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 41 Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; List of Appropriations—Community Preservation Fund Description Amount Category Town Common: Scenic $450,000 Historical Preservation restoration; underground utilities Ridgewood Cemetery: $70,150 Historical Preservation Restoration of gates, Veteran's lot, grave markers and landscapes (Phase II) Stevens Library: $50,000 Historical Preservation Restoration of main walkway Main Street Fire House: $22,500 Historical Preservation Refurbishment of building infrastructure (Phase II) Hay Scales Building $7,695 Historical Preservation (Town Common);Building Restoration Phase II Reserve for future $182,400 Affordable Housing expenditures Principal and Interest $650,000 Open Space Protection expenses: Windrush Farm Rolling Ridge: Purchase of $600,000 Open Space Protection conservation restriction, public trail access and parking area Windrush Farm: Parking $15,000 Open Space Protection area Administrative Costs $30,000 Administrative and O eratin Expenses Total Appropriations $2,077,745 Community Preservation Committee 2010 ANNUAL TOWN MEETING MOTION BOOK Page 42 ARTICLE 29. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND. MOTION: MOVE TO ACCEPT THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND TO APPROPRIATE FROM THE COMMUNITY PRESERVATION FUND IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAW 44B FUNDING FOR THE FOLLOWING PURPOSES: List of Appropriations—Community Preservation Fund Description Amount Category Town Common: Scenic $450,000 Historical Preservation restoration; underground utilities Ridgewood Cemetery: $70,150 Historical Preservation Restoration of gates, Veteran's lot, grave j markers and landscapes (Phase II Stevens Library: $50,000 Historical Preservation Restoration of main walkway Main Street Fire House: $22,500 Historical Preservation Refurbishment of building infrastructure Phase II Hay Scales Building $7,695 Historical Preservation (Town Common);Building Restoration Phase II Reserve for future $182,400 Affordable Housing expenditures Principal and Interest $650,000 Open Space Protection expenses: Windrush Farm Rolling Ridge: Purchase of $600,000 Open Space Protection conservation restriction, public trail access and parking area Windrush Farm: Parking $15,000 Open Space Protection area Administrative Costs $30,000 Administrative and O eratin Expenses Total Appropriations $2,077,745 2010 ANNUAL TOWN MEETING MOTION BOOK Page 43 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS, CHAIRMAN,CPC MOTION PRESENTER: JOHN SIMONS, CHAIRMAN,CPC PRESENTATION FORMAT: RESPOND TO QUESTIONS NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: I i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 44 Article 30. Acceptance of Massachusetts General Laws- Chapter 32B,Section 20. An Act Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In Municipalities And Certain Other Governmental Units. To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 3213, Section 20; Board of Selectmen �I I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 45 ARTICLE 30. ACCEPTANCE OF MASSACHUSETTS GENERAL LAWS- CHAPTER 32B,SECTION 20. AN ACT PROVIDING FOR THE ESTABLISHMENT OF OTHER POST EMPLOYMENT BENEFITS LIABILITY TRUST FUNDS IN MUNICIPALITIES AND CERTAIN OTHER GOVERNMENTAL UNITS. MOTION: MOVE TO ACCEPT THE PROVISIONS OF MASSACHUSETTS GENERAL LAW CHAPTER 32B, SECTION 20, "AN ACT PROVIDING FOR THE ESTABLISHMENT OF OTHER POST EMPLOYMENT LIABILITY TRUST FUNDS IN MUNICIPALITIES AND CERTAIN OTHER GOVERNMENTAL UNITS". RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED*** i VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 46 Article 31. Amend Zonine Bylaw -- Section 6 Signs and Outdoor Lighting Regulations, Subsection 6.3.21 Definitions — Sign Size (Area). To see if the Town will vote to replace the current definition of Sign Size (Area)with a revised description. Section 6, Subsection 6.3.21, is to be amended by removing the text shown as stricken, and adding the text shown as underlined. 6.3 Definitions 11. Sign Size (Area) - The . ».faee area of » sign is the _n*_r_ area ,=,_+1,_„ ^ single e(mtinuous perimeter- enelosing the extreme limits of I lettering, representation, emblems, otheir figures, together- with any material or- eolor- forming me or- part of the display or- used to differentiate the sign from the baekgr-ound agains (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building,wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. Inspector of Buildings 2010 ANNUAL TOWN MEETING MOTION BOOK Page 47 ARTICLE 31. AMEND ZONING BYLAW -- SECTION 6 SIGNS AND OUTDOOR LIGHTING REGULATIONS, SUBSECTION 6.3.21 DEFINITIONS — SIGN SIZE (AREA). MOTION: MOVE TO ADOPT ARTICLE 31 AS PRINTED IN THE WARRANT I RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS,CHAIR,PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3) VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 48 Article 32. Amend Zoniniz Bylaw Section 5.1.1-Earth Removal. To see if the Town will vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the underlined words as follows: 5.1 General 1. Excavation, removal, stripping, or mining of any earth material except as hereinafter- putted on any parcel of land, public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to Development Construction or Improvements: and Section 5.6 Miscellaneous Removal of Earth. Inspector of Buildings ARTICLE 32. AMEND ZONING BYLAW SECTION 5.1.1-EARTH REMOVAL. MOTION: MOVE TO ADOPT ARTICLE 32 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN L. SIMONS, CHAIRMAN MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL i NOTES: ***TWO-THIRDS VOTE REQUIRED*** i VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 49 Article 33. Amend Zonine Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and adding Sections 7.31, 7.32 and 7.33 as follows: 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District, where the setback from the side street shall be twenty (20) feet minimum. §7.31 —Projections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. §7.32—Projections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. §7.33 —Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. Inspector of Buildings 2010 ANNUAL TOWN MEETING MOTION BOOK Page 50 ARTICLE 33. AMEND ZONING BYLAW-SECTION 7.3 - SETBACKS. MOTION: MOVE TO ADOPT ARTICLE 33 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: , BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS,CHAIR,PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: i ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 51 Article 34. Amend North Andover Zoning Bylaw — Section 4.121 Residence 1, 2 and 3. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to allow professional offices in an existing structure on municipally owned property within the R-2 District containing a minimum of 50 acres. Amend Section 4.121 by adding the underlined language to read as follows: 4.121 Residence 1 District Residence 2 District Residence 3 District 21. Professional offices in an existing structure located on municipally owned property within the R-2 District containing a minimum of fifty (50) acres. Board of Selectmen ARTICLE 34. AMEND NORTH ANDOVER ZONING BYLAW — SECTION 4.121 RESIDENCE 1, 2 AND 3 MOTION: MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION I MOTION READER: KEVIN WILLOE, CHAIRMAN,STEVENS ESTATE BOARD MOTION PRESENTER: KEVIN WILLOE, CHAIRMAN,STEVENS ESTATE BOARD PRESENTATION FORMAT: VERBAL NOTES: i ***TWO-THIRD (2/3) VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 52 Article 35. Amend General Bylaws Chapter 127 Junk Dealers. To see if the Town will vote to change the title of Chapter 127 to include dealers of Secondhand Precious Metals or Gems, and to add new sections, 127-2,3,and 4, to regulate purchasing transactions. Chapter 127, Title and Sections 2, 3, and 4 are to be amended by adding the text shown as underlined. Chapter 127 JUNK DEALERS/DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS 127-2 Purchases: a. All purchases by persons licensed under this provision shall be recorded in a bound book in which shall be plainly written at the time of purchase, name address, age, date, time and description of items purchased and signature of persons selling items. Positive photo identification from everyone selling any item must be shown. There shall be no purchase from a minor. All purchases of precious metals shall be made on licensed premises only. A report shall be filed with the Chief of Police on the forms provided by him of all purchases made that day. b. There shall be a fifteen-day holding period within the town or a place designated by the Chief of Police, for all items purchased. All items purchased shall be made available for inspection by the Police Department, T own Manager or his designee. No item shall be altered during the fifteen-day holding period. If purchasing from other dealers, the licensee shall maintain the same records and same book for the same period as previously stated. (State law reference M.G.L.Ch266, 4142) c. 127-3 Weights and Measures and Scales The weight to be used and the type of scale to be used by a person licensed pursuant to the provisions of this bylaw shall be described by the town sealer of weights and measures. The purchaser shall put the current market price at the weight at which they are buyin1j. The licensee must present with his application for a license, a certificate from the sealer of weights and measures and scales have been properly sealed. The applicant must notify the Police Department of the name of the firms to whom he sells his precious metals and if there are any changes the Police Department shall be so notified. d. 127-4 Hours of Operation 2010 ANNUAL TOWN MEETING MOTION BOOK Page 53 The hours of operation of a person licensed pursuant to the provisions of this bylaw shall be from the time of 9:00 a.m. to 9:00 p.m., except that the premises shall be closed on Sunday. Town Clerk I ARTICLE 35. AMEND GENERAL BYLAWS CHAPTER 127 JUNK DEALERS. MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: I BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: JOYCE A. BRADSHAW,TOWN CLERK MOTION PRESENTER: JOYCE A. BRADSHAW,TOWN CLERK PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 54 Article 36. Add New General Bylaw Chapter 113 - Fortune Tellers. To see if the Town will vote to add a new chapter, Chapter 113 to the General Bylaws to regulate the licensing of Fortune Tellers. Chapter 113 is to be added by inserting the text shown as underlined CHAPTER 113 FORTUNE TELLERS 113-1 Definition Any person going under the title of fortune teller, reader, adviser or seer, medium, healer or spiritualist, palm reader, card reader or physic shall be deemed a fortune teller, for the purpose of this bylaw 113-2 License Required—Qualifications of Applicant It shall be unlawful for any person to engage in the business of fortune teller without first obtaining a license for the Licensing Commission. Application for licenses shall be made on forms to be provided by the license commission and shall include the applicant's complete identification, signature and proposed method of operation. A statement shall be submitted with any application from the Criminal History Systems Board pursuant to the Criminal Record Information Act setting forth the criminal record, if any, of the applicant. 113-3 Fee—Transferability The fee for each license granted under this section shall be $50.00 dollars ($50.00) annually and the license shall not be transferred or assigned 113-4 Revocation The License Commission may revoke such license because of any violations of this bylaw or any other town bylaw. 113-5 Fines for Failure to Procure Whoever engages in fortune telling for money, unless licenses under this bylaw, shall be subject to a fine of one hundred dollars ($100.00). Fines will be enforced by non- criminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D. Town Clerk 2010 ANNUAL TOWN MEETING MOTION BOOK Page 55 ARTICLE 36. ADD NEW GENERAL BYLAW CHAPTER 113 - FORTUNE TELLERS, MOTION: MOVE TO ADOPT ARTICLE 36 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: 113-1 REPLACE PHYSIC WITH PSYCHIC.. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION MOTION READER: JOYCE A. BRADSHAW,TOWN CLERK MOTION PRESENTER: JOYCE A. BRADSHAW,TOWN CLERK PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i Article 37. Amend Zoning Bylaw — Section 4 Buildinjzs and Uses Permitted, Subsection II 4.133.11 Industrial 2 District. To see if the Town will vote to allow alternative energy uses as- of-right within light industrial uses permitted in the Industrial-2 district. . Section 4, Subsection 4.123.11, is to be amended by adding the text shown as underlined. 4.133 Industrial 2 District 11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 56 noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Board of Selectmen ARTICLE 37. AMEND ZONING BYLAW — SECTION 4 BUILDINGS AND USES PERMITTED, SUBSECTION 4.133.11 INDUSTRIAL 2 DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 37 AS PRINTED IN THE WARRANT. I RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION I MOTION READER: TINA KLEIN, SUSTAINABILITY COMMITTEE MOTION PRESENTER: TINA KLEIN, SUSTAINABILITY COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3)VOTE REQUIRED*** VOTE: DATE: TIME: I 2010 ANNUAL TOWN MEETING MOTION BOOK Page 57 Article 38. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the correct flood maps and Building Code reference. Amend Section 4.137 by adding the underlined language and by removing the text shown as stricken to read as follows: 4.137 Floodplain District 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR 120.G Section 31 "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99,—and—the FE M" F'o�a Boundary .e. Floodway Map Fated-jute 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM F1oodw*y "4*ps and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building and Conservation Commission. 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G 3107.0 "Flood Resistant Construction"); Division of Community Development 2010 ANNUAL TOWN MEETING MOTION BOOK Page 58 ARTICLE 38. AMEND NORTH ANDOVER ZONING BYLAW — SECTION 4.137 FLOODPLAIN DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: JOHN SIMONS,CHAIR,PLANNING BOARD MOTION PRESENTER: CURT BELLAVANCE,DIRECTOR,COM.DEV. GERALD BROWN,INSPECTOR OF BUILDINGS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRD (2/3)VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 59 Article 39. Amend General Bylaws - Chapter 45 Public Safety, Chiefs of Police and Fire Departments, Section 45-3 Appointment Process. To see if the Town will vote to allow use of previous assessment center test results in the selection process of a Chief. Chapter 45, Section 3, is to be amended by adding the text shown as underlined § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and • Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. In the event that a Fire Chief or Police Chief chosen pursuant to this section shall retire, resign, or otherwise terminate employment as the Chief within three years after appointment, the Board of Selectmen may use the results of the assessment center selection process that was used in selecting the Chief in selecting a replacement Chief, provided all candidates who apply to replace the Chief participated in that assessment center selection process. Board of Selectmen 2010 ANNUAL TOWN MEETING MOTION BOOK Page 60 ARTICLE 39. AMEND GENERAL BYLAWS - CHAPTER 45 PUBLIC SAFETY, CHIEFS OF POLICE AND FIRE DEPARTMENTS, SECTION 45-3 APPOINTMENT PROCESS. MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS MOTION PRESENTER: TRACY M. WATSON,CHAIRMAN,BOS PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: i i i I I I i 2010 ANNUAL TOWN MEETING MOTION BOOK Page 61 Article 40. Amend General Bylaws -- Chapter 28 Housing Trust Fund, Section 5C Powers of Trustees. To see if the Town will vote to remove Town Meeting approval as a requirement for selling or leasing of real estate property by the Housing Trust Fund. Chapter 28, Section 5C, is to be amended by removing the text shown as stricken. CHAPTER 28 -HOUSING TRUST FUND § 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: C. With the approval of the Board of Selectmen and Town Meeting, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; Board of Selectmen ARTICLE 40. AMEND GENERAL BYLAWS -- CHAPTER 28 HOUSING TRUST FUND, SECTION 5C POWERS OF TRUSTEES. MOTION: MOVE TO ADOPT ARTICLE 40 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION READER: GEORGE KOEHLER,HOUSING COMMITTEE MOTION PRESENTER: GEORGE KOEHLER,HOUSING COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 62 Article 41. Petition the Legislature - Change the Structure of Essex Regional Retirement Board. To see if the Town will agree to endorse a state legislative petition to make certain reforms to the Essex Regional Retirement Board, including a bar on the same person serving as chairman of the board and chief executive officer , and including such other reforms as the legislature deems necessary to restore sound and prudent management of the board; Board of Selectmen ARTICLE 41. PETITION THE LEGISLATURE - CHANGE THE STRUCTURE OF ESSEX REGIONAL RETIREMENT BOARD. MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION READER: TRACY M. WATSON,CHAIRMAN,BOS i i MOTION PRESENTER: MARK H. REES,TOWN MANAGER PRESENTATION FORMAT: VERBAL NOTES: i ***MAJORITY VOTE REQUIRED*** VOTE: DATE: TIME: 2010 ANNUAL TOWN MEETING MOTION BOOK Page 63