TABLE OF CONTENTS
Each article is accompanied by a "Description..." of what each article does.
Italicized information is explanatory in nature.
Report of the Finance Committee
Citizens Petition
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NORTH READING
ANNUAL TOWN MEETING
APRIL 3, 2006
7:00 P.M.
Middlesex, SS.
To either of the Constables of the Town of North Reading in the County of Middlesex, GREETING.
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in Town affairs, to meet at the Daniel H. Shay Auditorium, North Reading High School, Park Street in said North Reading, on MONDAY, the THIRD DAY OF APRIL, 2006, at seven o'clock in the evening, then and there to act on the following articles:--
Article 1 Select Town Officers
To choose all necessary Town officers not elected by ballot, and determine what instructions shall be given to them.
Sponsor: Board of Selectmen
Description...
This is a customary article required by law which provides for the selection of officers not otherwise specified within the Annual Town Election Ballot, the General By-laws or the Charter.
Recommendations ...
Selectmen: Recommended.
Finance Committee: No action required.
Article 2 Hear and Act on Reports of Town Officers and Committees
To hear and act upon the reports of Town Officers and Committees.
Sponsor: Board of Selectmen
Description...
This is a customary article which provides for Officers and Committees so instructed to report to Town Meeting their progress or recommendations.
Recommendations ...
Selectmen: Recommended.
Finance Committee: No action required.
Article 3 Amend Code – Add Zoning By-law Article XX – Berry Center Residential Smart Growth Overlay District (SGA)
To see if the Town will vote to amend the Code of the Town of North Reading Zoning By-Laws by adding a new Article XX – Berry Center Residential Smart Growth Overlay District (SGA). The complete text and maps relative to the proposed amendments are available for inspection at the Community Planning Office and the Town Clerk’s Office at North Reading Town Hall, 235 North Street, North Reading, MA between the hours of 8:00 a.m. – 4:00 p.m. Monday through Thursday and 8:00 a.m. – 1:00 p.m. Fridays; or what it will do in relation thereto.
Sponsor: Community Planning Commission
Description...
This article would affect a portion of the premises known as the J. T. Berry Center located on Lowell Road/Route 62, containing approximately fifty-seven and seven-tenths (57.7) acres.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 4 Authorize Director of Public Works to Accept Easements
To see if the Town will vote to authorize the Director of Public Works to accept, on behalf of the Town, easements in perpetuity from owners of record in cases where such easements are deemed necessary or desirable for the installation and maintenance of drainage and water mains, or for other construction, which easements are in the interests of public health, welfare, safety, or convenience to the motoring public; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article is presented annually to allow the Director of Public Works to accept easements for the construction and maintenance of water mains, drainage and other purposes.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended
Article 5 Authorize Treasurer to Enter into Compensating Balance Agreements
To see if the Town will vote to authorize its Treasurer/Collector to enter into a compensating balance agreement or agreements for fiscal year 2007 pursuant to Chapter 44, Section 53F of the General Laws; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This is a customary article which allows the Treasurer to enter into compensating balance agreements with banks through which a portion of the interest earnings of deposits are retained by the bank in exchange for services.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 6 Authorize Chapter 90 Highway Construction Funds (Pending Authorization by the Department of Revenue)
To see if the Town will vote to appropriate by transfer from the Chapter 90 Bond Issue Apportionment, a sum of money received from the State for the construction, reconstruction or maintenance of roadways in Town; or what it will do in relation thereto.
Sponsor: Department of Public Works
Description...
This article authorizes the use of Chapter 90 State Highway Aid for highways maintenance.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 7 Conservation Revolving Fund – Re-authorize
To see if the Town will vote to reauthorize pursuant to the provisions of Chapter 44, Section 53E 1/2, the Conservation Revolving Fund as voted in Article 20 – Revolving Funds – Wetland Protection, at the April 1992 Town Meeting for the purpose of which receipts in connection with department programs will be deposited for use by the Conservation Commission for the purpose of meeting the expenses of Conservation Commission programs, and further to authorize the expenditure of such funds to be expended at the discretion of the Conservation Commission a sum not to exceed a certain amount; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article continues in place the mechanism used by the Conservation Commission to fund its administration of the local Wetlands Protection By-law.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 8 Parks and Recreation Revolving Fund – Re-authorize
To see if the Town will vote to reauthorize pursuant to the provisions of Chapter 44, Section 53E 1/2, the Parks and Recreation Revolving Fund as voted in Article 22 – Revolving Funds – Parks and Recreation, at the October 1997 Town Meeting for the purpose of which receipts in connection with department programs will be deposited for use by the Parks and Recreation Commission for the purpose of meeting the expenses of Parks and Recreation Commission programs, and further to authorize the expenditure of such funds to be expended at the discretion of the Parks and Recreation Commission a sum not to exceed a certain amount; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article continues in place the mechanism used by the Recreation Committee to fund the maintenance and general improvements for all Town parks and recreational facilities and various Recreation programs.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended
Article 9 Damon Tavern Revolving Account – Re-authorize
To see if the Town will vote to reauthorize pursuant to the provisions of Chapter 44, Section 53E 1/2, the Damon Tavern Revolving Fund as voted in Article 17 – Revolving Funds – Damon Tavern, at the April 2002 Town Meeting for the purpose of which receipts in connection with lease of the Damon Tavern will be deposited for use by the Historical Commission and the Department of Public Works for the purpose of meeting the expenses related to the maintenance and repair of the Damon Tavern, and further to authorize the expenditure of such funds to be expended at the discretion of the Historical Commission and the Department of Public Works a sum not to exceed a certain amount; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article continues in place the mechanism used by the Town to utilize the revenue from the leasing of space in the Damon Tavern.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 10 Rain Barrel Revolving Account – Re-authorize
To see if the Town will vote to reauthorize pursuant to the provisions of Chapter 44, Section 53E 1/2, the Rain Barrel Revolving Fund as voted in Article 17 – Revolving Funds – Rain Barrel, at the October 2003 Town Meeting for the purpose of which receipts in connection with the sale of rain barrels will be deposited for use by the Water Department for the purpose of meeting the expenses of purchasing additional rain barrels and related costs the expenditure of such funds to be expended at the discretion of the Water Department a sum not to exceed a certain amount; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description…
This article continues in place the mechanism used by the Town to utilize the revenue from the sale of rain barrels.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 11 Special Education Revolving Fund – Re-authorize
To see if the Town will vote to reauthorize pursuant to the provisions of Chapter 44, Section 53E 1/2, the Special Education Revolving Fund as voted in Article 18 – Revolving Funds – Special Education, at the October 2003 Town Meeting for the purpose of which receipts in connection with certain special education programs will be deposited for use by the School Committee for the purpose of meeting the expenses of Special Education programs, and further to authorize the expenditure of such funds to be expended at the discretion of the School Committee a sum not to exceed a certain amount; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description….
This article continues in place the revolving fund to deposit the Special Education Funds.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 12 Establish Recycling Promotion Revolving Account
To see if the Town will vote to authorize pursuant to the provisions of Chapter 44, Section 53E ½, the Recycling Promotion Revolving Fund for the purpose of which receipts in connection with the sale of recyclable products will be deposited for use by the Department of Public works for the purpose of meeting the expenses of recycling programs, and further to authorize the expenditure of such funds to be expended at the discretion of the Department of Public Works a sum not to exceed $25,000.00; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article allows the Town to utilize the revenue from and for its recycling initiatives.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommendation to be made at Town Meeting.
Article 13 FY2006 Budget Transfers
To see if the Town will vote to transfer a sum of money from available funds to supplement department budgets and appropriations for the fiscal year ending on June 30, 2006; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article is necessary to supplement Fiscal Year 2006 department budgets.
Recommendations ...
Selectmen: Recommendation to be made at Town Meeting.
Finance Committee: Recommendation to be made at Town Meeting.
Article 14 Operating Budget
To see if the Town will vote to fix the compensation of all elected officers, provide for a reserve fund, and allocate sums of money to defray charges and expenses of the Town, including or relating to, but not limited to:
· Town Boards,
· Town Departments,
· Town Committees,
· Debt and the interest thereon, and
· Wages and Salaries
for the fiscal year ending June 30, 2007; to appropriate the funds required for the aforementioned purposes; and to raise these funds by taxation as authorized by Ch. 59 of the Massachusetts General Laws, by transferring unexpended funds remaining in accounts established by Warrant Articles of previous Town Meetings or other available funds, or by taxation as authorized through a referendum to be conducted pursuant to Ch. 59, sec. 21C(m) of the Massachusetts General Laws; or what it will do in relation thereto.
Description...
This is the annual operating budget of the General Government and the School Department. It sets forth appropriations of funds to pay for all the normal costs of providing governmental services to the community. Explanations of each of the appropriation groupings have been incorporated into the article to enable a better understanding on the part of Town Meeting participants of each appropriation’s purposes and changes.
For further details, refer to the following:
Finance Committee Report…………………………………. Page 2
Recommendations ...
Selectmen: As specifically recommended in the “Sponsor Rec” column, including
the “Override Amount” column.
School Committee: Recommendation to be made at Town Meeting.
Community Planning Committee: Recommendation to be made at Town Meeting.
Finance Committee: As specifically recommended in the “FinCom Recommends” column.
Article 15 Capital Expenditures
To see if the Town will vote to raise by taxation and appropriate, appropriate and transfer from unexpended funds remaining in Warrant Articles of previous years, or appropriate by transfer from available funds or borrow a sum of money, for the purchase of items of a capital nature, and further to authorize the Town Administrator to sell or trade-in items rendered surplus by such purchases; or what it will do in relation thereto.
Description...
This article, required by the Town Charter, annually funds the purchase and replacement of capital equipment for various Town Departments. The following table lists each proposed purchase, the proposed sources and means of funding and the vote required for passage. All equipment displaced as surplus will be sold or traded in compliance with Town Bylaws. A 2/3 vote is required for transfers from the Stabilization Fund and for borrowing.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommendation to be made at Town Meeting.
Department Cost Financing Method
School Department
a. Network Operations Center $20,000 Free Cash
Air-Conditioning
Fire Department
b. Ambulance $165,000 Ambulance Receipts
Department of Public Works
c. Cemetery Expansion $60,000 Bond
d. 6 Wheel Dump Truck $130,000 Bond
e. Road Improvement Program $250,000 Bond
Water Department
f. Water Department Capital $473,000 Bond
Information Technology
g. Technology Plan $50,000 Free Cash
FY 2007 Debt
h. Short term interest $10,398 Free Cash
Article 16 Retirement Trust Fund
To see if the Town will vote to raise by taxation and appropriate or transfer from available funds, a sum of money to the Retirement Trust Fund; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article will transfer funds into the Retirement Trust Fund, which was authorized by special legislation, to pay for contractual obligations of employees upon retirement.
Recommendations ...
Selectmen: Recommend passing over this article.
Finance Committee: Recommendation to be made at Town Meeting.
Article 17 Fund Retirement Obligations
To see if the Town will vote to raise and appropriate a sum of money and/or transfer a sum of money from available funds for the purpose of funding FY07 retirement obligations; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article will provide funding for obligations owed employees who are retiring during FY07. The Town has established a Retirement Trust Fund for this purpose, but due to early retirements, the Fund is insufficient to meet the obligations. Therefore, additional funding is needed.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommends $350,000.
Article 18 Fund Open Space Plan
To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $25,000 to fund an update to the Town’s Open Space Plan; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article provides funding to update the Town’s Open Space Plan. An update plan is required to be eligible for grant open space and recreation grant funds from the State. The last Open Space Plan was completed in 1995.
Recommendations ...
Selectmen: Recommend $25,000 from Free Cash.
Finance Committee: Recommendation to be made at Town Meeting.
Article 19 Appropriate Money to Stabilization Fund
To see if the Town will vote to appropriate a sum of money to the Stabilization Fund; or what it will do in relation thereto.
Sponsor: Finance Committee
Description...
This article places funds in the Stabilization Fund, the use of which is unrestricted but requires a 2/3 vote of the Town Meeting.
Recommendations ...
Selectmen: Recommend passing over this article.
Finance Committee: Recommendation to be made at Town Meeting.
Article 20 Appropriate Funds – Water Department Unanticipated Costs
To see if the Town will vote to transfer from available funds the sum of $200,000 to be added to the Fiscal Year 2006 Water Department budget for payment of unanticipated costs; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article provides additional funding for the purchase of water necessary to provide for residents.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 21 Fund Project Manager for High School Building Project
To see if the Town will vote to raise and appropriate or transfer at the sum of $10,000 for the purposes of funding a Project Manager for the High School Building Project as required under the new guidelines for school building reimbursement program established by the Massachusetts School Building Authority (MSBA); or what it will do in relation thereto.
Sponsor: School Committee
Description...
The Secondary Schools Building Committee (S-SBC), authorized by the Town to complete a feasibility study for the construction of a new high school on school-owned property, will propose the construction of a new secondary school facility. In order to meet the deadline for application to the MSBA by the summer of 2007, there is a need to hire a Project Manager. The initial hiring of a Project Manager would be on a part-time basis during the initial design phase of the project. Without a Project Manager, the S-SBC would not be able to proceed with design work and the Town would not be eligible to apply for state reimbursement through the MSBA.
Recommendations ...
Selectmen: Recommendation to be made at Town Meeting.
Finance Committee: Recommendation to be made at Town Meeting.
Article 22 Fund Hillview Capital Improvements/Purchase of Equipment
To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, a sum of money for improvements to the Hillview Country Club and Golf Course and/or purchase of equipment; or what it will do in relation thereto.
Sponsor: Hillview Commission
Description...
This article will allow bonding for capital improvements to the facility and/or purchase of equipment.
Recommendations ...
Selectmen: Recommendation to be made at Town Meeting.
Finance Committee: Recommendation to be made at Town Meeting.
Article 23 Create Solid Waste Stabilization Fund
To see if the Town will vote to create a Solid Waste Stabilization Fund as provided in Chapter 40, Section 5B of the General Laws and to raise and appropriate or transfer a sum of money from NESWC receipts for purposes of supporting ongoing solid waste and recycling expenses; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description….
This article would create a new Stabilization Fund account for deposit of money due from NESWC. The Town anticipates using funds from this account to support solid waste and recycling expenditures.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 24 Create Overlay Property Valuation Stabilization Fund
To see if the Town will vote to create an Overlay Property Valuation Stabilization Fund as provided in Chapter 40, Section 5B of the General Laws and to raise and appropriate or transfer a sum of money from the Overlay Surplus account for purposes of funding future property valuation services; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description….
This article would article would create a new Stabilization Fund account for deposit of funds from the Overlay account, which is under the control of the Board of Assessors. The Town anticipates using funds from this account to support property valuation expenditures.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 25 Amend Code of the Town of North Reading – General By-Laws
Chapter 5, Article VII – Town Property
To see if the Town will vote to amend the General By-laws, Chapter 5, Article VII – Town Property by adding the following new provision; or what it will do in relation thereto:
5-28 Prohibition against hunting on public land.
A. Hunting is prohibited on all Town property.
B. Whomever violates the provisions of 5-28 shall be punished by a fine of twenty-five dollars ($25) for the 1st offense and fifty dollars ($50) for the 2nd and subsequent offenses.
and further to amend the Code of the Town of North Reading by amending the list of fines under Chapter 1, General Provisions, Section 1-5.B.(3) Violations and Penalties, by adding the following:
Chapter 5, Administration
Article VII, Town Property
§ 5-28, Prohibition against hunting on public land
Police Department
1st offense: $25
2nd and subsequent offenses: $50
Sponsor: Board of Selectmen
Description….
This article prohibits all hunting activity on town owned land. Presently, only bow hunting is allowed on town property, which is a growing concern with many residents. The establishment of a bylaw is and accompanying fine structure would serve to prevent bow hunting on public property.
Recommendations ...
Selectmen: Recommended.
Finance Committee: Recommended.
Article 26 Amend Code – Delete Section 158-10 – Utility Pole By-law
To see if the Town will vote to amend the Code of the Town of North Reading by deleting Section 158-10 – Utility Pole By-law; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description….
This article would delete the Utility Pole By-law, Section 158-10 (originally passed at the April 2002 Town Meeting and subsequently approved by the AG’s office) as it is inconsistent with the provisions of MGL Chapter 164.
Recommendations ...
Selectmen: Recommended.
Finance Committee: No action required.
Article 27 Emergency Preparedness Memorandum of Understanding
To see if the Town will authorize the Board of Selectmen to enter into a Memorandum of Understanding with other communities to provide mutual aid and assistance in responding to public health emergencies, on terms and conditions as recommended by the Board of Health to be in the best
interest of the town; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description….
Like police and fire departments, public health involves first responder responsibilities. The mutual aid agreement will make it possible for public health to enjoy similar support from communities for events that overwhelm local capacity. The mutual aid agreement is an inter- municipal agreement authorized by MGL c.40, s.4A which requires Town Meeting approval. Basically, this will allow us to enter into agreements with
member communities of the Greater Lawrence Coalition: Emergency Preparedness Region 3B with which we have been working for two (2) years.
Recommendations ...
Selectmen: Recommended.
Finance Committee: No action required.
Article 28 Accept MGL Chapter 32B, Section 18
To see if the Town will vote to accept Massachusetts General Laws Chapter 32B, Section 18; or what it will do in relation thereto.
Sponsor: Board of Selectmen
Description...
This article provides for acceptance of a State statute requiring eligible retirees to enroll in a Medicare equivalent program. Currently, Medicare eligible retirees may remain on the HMO plan at a substantially higher cost to the Town.
Recommendations ...
Selectmen: Recommendation to be made at Town Meeting.
Finance Committee: Recommendation to be made at Town Meeting.
Article 29 Citizens Petition – Establish North Reading Dog Park
We, the undersigned parties, would like to establish a North Reading Dog Park on Map 60 Parcel 17 off Park Street in North Reading, on town owned land managed by the Parks and Recreation Department. The park would be located at the far east end of Park Street in North Reading, MA. Just off of Chestnut Street.
We support the creation of an off-leash dog run in North Reading, MA. Off-leash dog runs provide a place for dogs to socialize with each other, getting the physical and mental exercise they need to be good companions and good neighbors.
We request that appropriate fencing, including a double gated entry to prevent dogs from bolting, an emergency and/or maintenance entry, provide garbage cans, bag stations and signage that indicate when dogs are allowed; from 10am till sunset on weekdays and 11am till 5pm on weekends. Signage will also indicate the animal feces must be properly disposed of in onsite trash cans. Only licensed dogs with valid visible tags will be permissible.
We request that a public citizens committee be formed in order to work with North Reading Parks and Recreation in finding ways to satisfy pet owners and non-pet owners alike as well as funding solutions that will not cost the Town of North Reading. Fund raising will either be accomplished by donations, sponsorship, bake sales or other means.
In creating a dog park, we hope to accomplish multiple goals:
- To establish a fenced in, off-leash dog park where well-behaved canines can exercise in a clean, safe environment without endangering or annoying people, property, or wildlife.
- To develop a beautiful, well-maintained space, open to all dog lovers and friends who are willing to uphold the park’s rules and restrictions.
- To view this park as a community project, in partnership with the Town of North Reading, designed to satisfy the needs of dog-owners and non-dog owners alike.
- To improve our dogs’ quality of life. Leash restrictions disallow the intense aerobic exercise that most dogs require. Dogs who cannot exercise tend to be nervous and destructive. Happy, healthy dogs are calmer and better behaved, reducing nuisance barking and other annoying behaviors exhibited by unexercised canines.
- To improve license and spay/neuter compliance, and generate revenue. Since dog park patrons would be required to show proof of licensure, park use will increase license compliance and generate revenue for the Town. Reduced fee licensure with spay/neuter and an information network about low-cost and free spay/neuter would encourage sterilization, and reduce pet overpopulation in our Town.
Benefits of a Dog Park:
· Dog parks keep the animals away from children and people who don’t like them.
· They help keep other public spaces free of feces
· They promote responsible pet ownership
· They promote public health and safety since the dogs who use the park must be licensed and vaccinated
· They provide a tool for enforcing dog control laws
· Well-socialized dogs are less aggressive towards people and other dogs
· For elderly and disabled people, a dog park is often the only accessible place to bring their companions to socialize
· They foster community feeling – dog park users get to know each other well
· Dog parks are desirable neighborhood amenities for newcomers
On the petition of William Mundy and others.
Description...
This article was submitted by petitioners who seek to formally designate Town property off Park Street for a Dog Park. A Dog Park typically consists of an enclosed area where dogs are allowed to be off-leash.
Recommendations...
Board of Selectmen: Not recommended.
Finance Committee: Recommendation to be made at Town Meeting.
And you are directed to serve this Warrant, by posting up attested copies thereof at two conspicuous places in each of the four precincts in said Town, fourteen days at least before the time of holding said meeting.
HEREOF FAIL NOT, and make due return of this Warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting, as aforesaid.
Given under our hands this sixth day of March in the year of our Lord two thousand and six.
BOARD OF SELECTMEN
Robert J. Mauceri, Chairman
Marcia L. Bailey, Vice Chairman
Joseph Veno, Clerk
Philip R. Dardeno
Stephen J. O'Leary
A True Copy: Attest
John J. Firriello, Constable
FOR YOUR NOTES
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