MAY 20, 2002
SPECIAL TOWN MEETING
with Finance Committee Recommendations
and results of Town Meeting Votes
ARTICLE 1: (UNPAID BILLS) We recommend that the Town vote to appropriate a sum of money for the payment of certain unpaid bills for previous years, as follows:
Amount To From
$65,700 Public Works Public Works
Unpaid Bills Other Expenses
Finance Committee Recommendation - voted
ARTICLE 2: (BUDGET AMENDMENTS-FISCAL 2003) We recommend that the Town vote to amend the actions taken under Article 2 of the May 21, 2001 Annual Town Meeting and Article 2 of the March 4, 2002 Special Town Meeting, by adding certain appropriations or by reducing certain appropriations, by transfer among accounts, by transfer from prior appropriations under Articles, or from available funds, as follows:
Amount To From
[1] $500
Management &
Management &
Information Services- Information
Services-
Salaries
Other Expenses
[2] $500
Administrative Services- Administrative
Services-
Salaries & Wages Other Expenses
[3] $1,500
Human Resources-
Human Resources-
Salaries
Other Expenses
[4] $ 2,305 Police-Salaries & Wages Police-Capital Outlay
$28,000 Police-Salaries & Wages Free Cash
[5] $148,153 Article 13-5/21/01 ATM Public Works-Other Expenses
Finance Committee Recommendation - voted
ARTICLE 3: (STATE PUBLIC WORKS GRANT) We recommend that the Town vote to appropriate $662,373.11 for public works projects, such sum to be reimbursed by the State Transportation Bond Bill.
FINANCE COMMITTEE
Leo A. Almeida Brian Murphy
Sally J. Calhoun Joseph Pennimpede
Michael A. Daley John J. Sweeney, Jr.
David P. McKenna Myrna Zelin
WARRANT
for the
MAY 20, 2002
ANNUAL TOWN MEETING
with Finance Committee Recommendations
and results of Town Meeting Votes
ARTICLE 1: (ELECTION OF OFFICERS) No recommendation is required.
Voted to elect officers
ARTICLE 2: (BUDGET) We recommend that the Town vote to appropriate sums of money as set forth on the following pages to defray the charges and expenses of the Town for Fiscal 2003.
Finance Committee
Recommendations - voted
ARTICLE 3: (ELECTRIC DIVISION BUDGET) We recommend that the Town vote to appropriate for the Electric Division the income from the sale of electricity to private consumers, electricity supplied to municipal buildings for municipal power, electricity supplied for street lights, and jobbing during the current fiscal year, the whole to be expended under the direction and control of the Town Manager, for the expense of the plant for said fiscal year, as defined in §57 of Chapter 164 of the M.G.L., and to determine whether said income shall exceed said expenses for said fiscal year.
Finance Committee
Recommendation - voted
ARTICLE 4: (AUTHORIZATION OF COLLECTOR OF TAXES TO ACT) We recommend that the Town vote to authorize the Collector of Taxes to use all means of collecting taxes which a Town Treasurer may use when appointed Collector of Taxes, permissible under the statutes of the Commonwealth of Massachusetts.
Finance Committee
Recommendation - voted
ARTICLE 5: (COMMITTEE REPORTS) We recommend that the Town vote to hear, consider, and accept the reports of the Town boards, commissions, officers, and committees.
Finance Committee
Recommendation - voted
ARTICLE 6: (ADDITIONAL PROPERTY TAX EXEMPTIONS) We recommend that the Town vote to continue the provisions of Chapter 73, Section 4 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 to allow an additional property tax exemption of up to 50% for Fiscal Year 2003 for those persons who qualify for certain property tax exemptions under Massachusetts General Laws Chapter 59, Section 5.
Finance Committee
Recommendation - voted
ARTICLE 7: (TECHNOLOGY PLAN) We recommend that the Town vote to appropriate $355,650 for the purchase and installation of computers, related networking equipment and computer software for various Town departments, said sum to be raised from the Stabilization Fund.
Finance Committee
Recommendation - voted
ARTICLE 8: (NORTH SHORE CONVENTION COUNCIL) We recommend that the Town vote to appropriate $20,000 (taxation) as its contribution to the North Shore Convention Council.
Finance Committee
Recommendation - voted
ARTICLE 9: (N.S. REGIONAL VOCATIONAL SCHOOL ASSESSMENT) We recommend that the Town vote to appropriate $944,261 (taxation) for the payment of the assessment certified by the North Shore Regional Vocational School District.
Finance Committee
Recommendation - voted
ARTICLE 10: (PAVEMENT MANAGEMENT & SIDEWALK IMPROVEMENTS) We recommend that the Town vote to appropriate $95,000 (taxation) for the implementation of a Pavement Management Program, including consulting services, computer programs, crack sealing, sidewalk improvements, and the reconstruction of Town ways.
Finance Committee
Recommendation - voted
ARTICLE 11: (STORM DRAINAGE CAPITAL IMPROVEMENTS PLAN) We recommend that the Town vote to appropriate $145,000 from sewer receipts for the development of a Storm Drainage Capital Improvements’ Plan.
Finance Committee
Recommendation - voted
ARTICLE 12: (DRAINAGE MAINTENANCE) We recommend that the Town vote to appropriate $25,000 from taxation for the continuation of a Drainage Maintenance Program including engineering, specifications and bidding documents, materials, equipment and construction associated with the costs of upgrading and improving existing drainage throughout the Town.
Finance Committee
Recommendation - voted
ARTICLE 13: (DRAINAGE LIABILITY) We recommend that the Town vote to assume liability in the manner provided by M.G.L., Chapter 91, §29, for damages that may be incurred by work to be performed by the Massachusetts Highway Department, for the improvement, development, maintenance, and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores, and shores along the public beach, in accordance with M.G.L., Chapter 91, §11, and authorize the Board of Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth of Massachusetts.
Finance Committee
Recommendation - voted
ARTICLE 14: (STORM WATER MANAGEMENT PLAN [PHASE 2] - FEDERAL CLEAN WATER ACT) We recommend that the Town vote to appropriate $75,000 from sewer receipts for the development of a Storm Water Management Program to meet the requirements of the Clean Water Act.
Finance Committee
Recommendation - voted
ARTICLE 15: (ACCESS FOR DISABLED PERSONS) We recommend that the Town vote to appropriate $20,000 (taxation) to install curb cuts, crosswalks, and sidewalks on various streets in the Town.
Finance Committee Recommendation - voted
ARTICLE 16: (ROADWAY LAYOUT ANC ACCEPTANCE OF PUBLIC WAYS) We recommend that the Town vote to layout the way and accept the following roadways as public ways: Madison Avenue, Mustang Circle, Emily Lane, Makushin Lane, Moore Circle, Taryn Drive, Danielle Drive and Anna Drive.
Finance Committee
Recommendation - voted
ARTICLE 17: (STREET LAYOUT AND ACCEPTANCE PLANS) We recommend that the Town vote to appropriate $20,000 (taxation) for the preparation of street layout and acceptance plans and that said sum be raised by taxation.
Finance Committee
Recommendation - voted
ARTICLE 18: (STREET ABANDONMENT - PUTNAM COURT) We recommend that the Town vote to abandon Putnam Court as a Public Way and to acquire title in fee to the roadway.
Finance Committee
Recommendation - voted
ARTICLE 19: (PARTIAL STREET ABANDONMENT - PUTNAM COURT) We recommend that the Town vote to abandon a portion of Richards Street from the intersection of Fellows Street, easterly to the dead end.
Finance Committee Recommendation - voted
ARTICLE 20: (DANVERS LANDFILL CLOSURE) We recommend
that the Town vote to appropriate a total of $160,000 [$70,200 taxation; $89,800 from the
balance under Article 16 of the 5/17/99 ATM] for the engineering, design, construction,
maintenance and repair work necessary at the Danvers Landfill Site.
Finance Committee
Recommendation - voted
ARTICLE 21:
(GROUNDS IMPROVEMENTS) We recommend that the Town vote to appropriate $138,000
[$103,000 taxation and $35,000 water receipts] for improvements and maintenance to Town
properties, athletic facilities, playgrounds and equipment, including construction,
reconstruction, replacement, or purchase maintenance and improvements to Town property.
Finance Committee Recommendation - voted
ARTICLE 22: (TOWN HALL EXTERIOR & HVAC IMPROVEMENTS) We recommend no action.
Finance Committee Recommendation - voted
ARTICLE 23: (BUILDING IMPROVEMENTS) We recommend that $350,000 be appropriated in FY 03 for the repair and maintenance of Town buildings, including equipment [$312,000 taxation; $15,000 Holten-Richmond; $23,000 transfers as follows: Article 3 of the 3/7/94 STM ($3,000); Article 3 of the 4/16/95 STM ($5,000); Article 12 of the 5/21/01 ATM ($15,000)].
Finance Committee
Recommendation - voted
ARTICLE 24: (WATER DISTRIBUTION FACILITIES PLAN - CAPITOL IMPROVEMENTS PROGRAM) We recommend that $60,000 be appropriated for the completion of a Water Distribution Facilities Plan & Capital Improvement Program and that said sum be raised through water receipts.
Finance Committee
Recommendation - voted
ARTICLE 25: (CHEMICAL FEED PUMPS) We recommend that the Town vote to vote to appropriate $190,000 for the replacement of existing chemical feed pumps, including design, construction, and contingency, said sum to be raised from retained earnings.
Finance Committee
Recommendation - voted
ARTICLE 26: (EMERSON BROOK RESERVOIR PROJECT) We recommend that the Town vote to appropriate $285,000 from water receipts for the engineering, design, and permitting of the Emerson Brook Reservoir.
Finance Committee
Recommendation - voted
ARTICLE 27: (WELL SITE NO. 1 - PRODUCTION WELL CONSTRUCTION) We recommend that the Town vote to appropriate $525,000 for the design, rehabilitation, and installation of treatment, mechanical and electrical equipment at Well Site #1 and that the Town Treasurer be authorized, with the approval of the Board of Selectmen, to borrow said $525,000 and issue bonds or notes, therefore, under MGL Chapter 44 Section 8 and/or MGL Chapter 29C.
Finance Committee
Recommendation - voted
ARTICLE 28: (EXPLORATION OF GROUNDWATER RESOURCES IN BEDROCK AQUIFIERS - PHASE III-B) We recommend that the Town vote to appropriate $270,000 for exploration of groundwater resources in Bedrock Aquifers and that said sum be raised from water retained earnings.
Finance Committee
Recommendation - voted
ARTICLE 29: (WASTEWATER FACILITIES IPROVEMENTS - WOODVALE INTERCEPTOR SEWER) We recommend that the Town vote to appropriate $1,100,000 from sewer receipts for the extension of the Town’s wastewater collection system.
Finance Committee
Recommendation - voted
ARTICLE 30: (WASTEWATER PUMPING STATIONS - MOTOR CONTROL CENTER REPLACEMENTS - WEST STREET & LAKEVIEW AVENUE) We recommend that the Town vote to appropriate $150,000 from sewer receipts for the installation of new controls at sewer pumping stations.
Finance Committee
Recommendation - voted
ARTICLE 31: (SCHOOL FURNISHINGS) We recommend that the Town vote to appropriate $65,627 from taxation for school furnishings and equipment.
Finance Committee
Recommendation - voted
ARTICLE 32: (SCHOOL VAN REPLACEMENT) We recommend that the Town vote to appropriate $42,000 [$22,000 taxation; $15,000 from Article 43 of the 5/19/97 ATM and $5,000 from Article 12 of the 5/17/99 ATM] for the replacement of a Special Education wheelchair van in the School Department.
Finance Committee
Recommendation - voted
ARTICLE 33: (SCHOOL BUS REPLACEMENT) We recommend that the Town vote to appropriate $17,000 for the replacement of school buses, said sum to be raised by taxation.
Finance Committee Recommendation - voted
ARTICLE 34: (HS/MS DESIGN) We recommend that the Town vote to appropriate $2,995,000 for the professional and architectural services related to final design, including engineering, plans, and bid documents for the Holten-Richmond facility and preliminary engineering and plans for the existing High School complex; and that this request be financed by borrowing under Massachusetts General Law, Chapter 44.
Finance Committee
Recommendation - voted
ARTICLE 35: (INTEGRATED PEST MANAGEMENT PLAN) We recommend that the Town vote to appropriate $14,810 for the control of Canada Geese on certain publicly-owned recreational areas and open space.
Finance Committee Recommendation - voted
ARTICLE 36: (MAINTENANCE DREDGING) We recommend that the Town vote to appropriate $10,000 (taxation) toward the future cost of maintenance dredging, including engineering, in the various rivers within Danvers.
Finance Committee
Recommendation - voted
ARTICLE 37: (AMENDMENT TO GENERAL BY-LAWS) The Finance Committee will make a recommendation at the Town Meeting. Attached to this report is a revised proposal [Appendix A] on which the Finance Committee’s recommendation will be based. Amendments to the original proposal are indicated in bold, italicized print in the Appendix.
ARTICLE XXXI
Hawkers, Peddlers, and Transient Vendors
Section 1. For the purpose of this regulation, the definition of hawkers, peddlers, and transient vendors shall be the same definitions as those contained in Chapter 101 of the Massachusetts General Laws.
Section 2. No person shall hawk, peddle, or barter any goods or merchandise within the limits of the Town of Danvers, except as authorized by law, without first obtaining a license to do so from the Board of Selectmen, upon payment of a license fee, said fee to be in conformity with Chapter 101 of Massachusetts General Laws. This requirement shall not apply to any hawking or peddling of newspapers, religious publications, ice, flowering plants, and such flowers, fruits, nuts and berries as may be wild or uncultivated.
Section 3. The sale by hawkers and peddlers of jewelry, furs, wines, or spirituous liquors, small artificial flowers or miniature flags is prohibited.
Section 4. Any person licensed under this regulation shall keep said license in his/her possession which shall be readily available for display. The license shall indicate the license number and shall include the licensee’s signature and date of the license expiration. The licensee shall display such license when requested to do so by any officer of the Police Department or the Health Agent.
Section 5. It shall be unlawful for any person to engage in the activities of a Hawker, Peddler, or Transient Vendor if such activities are conducted:
1. Within fifty (50) feet of the intersection of any public streets, roads or highways, of which twenty-five (25) feet is to be measured at a 90 degree angle from the area of the activity as regulated by the terms of this Article to the edge of the pavement of said street, road, or highway nearest the activity in question.
2. With the use of sound amplification devices which cause the sound to be audible at a decibel level greater than 35 decibels at (a) a distance greater than 500 feet from the activity in question between the hours of 9 A.M. and 8 P.M. or (b) a distance greater than 50 feet from the activity in question at all other times.
3. While allowing any person to hang onto the outside of any vehicle while it is traveling on a public street, road or highway.
4. While any persons engaged in the activity or attracted to the activity are obstructing the free passage of pedestrian or vehicular traffic on any public street, road, highway, or sidewalk.
Section 6. All hawkers and peddlers shall have adequate trash control.
Section 7. Vehicles utilized for the selling of frozen desserts or confections must have installed on said vehicle amber flashing light visible from the front and rear of the vehicle and such light must be flashing when the vehicle is stopped for the purpose of transacting business.
Section 8. Prior to commencing business, a transient vendor shall submit to the licensing authority a signed and notarized statement from a property owner granting permission to the vendor to conduct their trade on said private property.
Section 9. This license may be revoked or suspended for the following reasons:
1. Any fraud, misrepresentation or false statement contained in the application for a license;
2. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares, or services;
3. Any violation of this regulation;
4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
5. Conducting the business licensed under this regulation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or the public safety or interest may require.
Finance Committee Recommendation - voted (substantially as written)
ARTICLE 38: (AMEND TOWN BY-LAW - FEEDING WILDLIFE) Section 1: REPLACE “…the Office of Community Development and Planning,” with “Planning & Human Services Department.”
Subsection n): REMOVE “or disturbing the animals or birds,”
ADD Subsection q): “Feeding or disturbing birds or any form of wildlife.”
We recommend that the Town vote to amend the Town By-law, “Regulations Governing the Use of Town-owned land.”
Finance Committee
Recommendation - voted
ARTICLE 39: (AUTOMATED PARKING COLLECTION STATION) We recommend that the Town vote to appropriate $17,500 (taxation) toward the cost of purchasing automated parking fee collection equipment.
Finance Committee Recommendation - voted
ARTICLE 40: (CULTURAL COUNCIL) We recommend that the Town vote to appropriate $3,000 for the Danvers Cultural Council’s effort to apply to the Massachusetts Cultural Council matching Funds’ Program, said sum to be raised by transfer of an available balance in Article 33 of the 5/00 Annual Town Meeting.
Finance Committee
Recommendation - voted
ARTICLE 41: (250TH ANNIVERSARY CELEBRATION) We recommend that the Town vote to appropriate from Free Cash the sum of $25,000 for the purpose of organizing a Grand Parade in conjunction with the Town’s celebration of its 250th Anniversary.
Finance Committee Recommendation - voted
ARTICLE 42: (STABILIZATION FUND) We recommend that the Town vote to appropriate the sum of $500,000 from Free Cash to add to the Stabilization Fund, pursuant to the provisions of M.G.L., Chapter 40, §Section 5B.
Finance Committee
Recommendation - voted
ARTICLE 43: (HIGH SCHOOL/MIDDLE SCHOOL STABILIZATION FUND) We recommend that the Town vote to appropriate $500,000 from Free Cash to add to the High School/Middle School Stabilization Fund, pursuant to the provisions of M.G.L. Ch. 40, §5B.
Finance Committee Recommendation - voted
ARTICLE 44: (EDUCATION RESERVE FUND) We recommend that the Town vote to appropriate $25,000 from Free Cash for the Education Reserve Fund pursuant to the provisions of Chapter 233 of the Acts of 1991.
Finance Committee
Recommendation - voted
ARTICLE 45: (RESCIND BORROWING AUTHORIZATION) We recommend that the Town vote to rescind the borrowing authority not utilized from previous Town Meeting bond authorizations, as follows:
Article 3 [2/24/97 Special Town Meeting] $500,000 John L. George Park
Article 4 [6/22/98 Special Town Meeting] $600,000 Senior Center
Finance Committee
Recommendation - voted
ARTICLE 46: (DCOA REVOLVING ACCOUNT) We recommend that the Town vote to establish a “Danvers Council on Aging [DCOA] Senior Services Programming Revolving Fund Account,” pursuant to Chapter 44, §53E 1/2 under the custody of the Town Treasurer with control of the fund under the Department of Planning and Human Services, Division of Senior and Social Services. Income of the fund shall consist of revenue from programs provided by the Senior Center. Expenditures from the account of up to $350,000 may be made for any and all expenses associated with the delivery of programs by the Division of Senior and Social Services, including, but not limited to, part-time salaries, programming materials, and supplies and associated operational costs.
Finance Committee
Recommendation - voted
ARTICLE 47: (TRANSPORTATION REVOLVING ACCOUNT) We recommend that the Town vote to continue a Transportation Revolving Account pursuant to Chapter 44, §53E 1/2 under the custody of the Town Treasurer with control of the fund under the Department of Planning and Human Services, Division of Senior and Social Services. Income of the fund shall consist of donations and fees from the provision of such services. Expenditures from the account of up to $35,000 may be made for any and all expenses associated with the delivery of transportation services by the Division including but not limited to part-time drivers’ salaries, rental, repair, operation, and maintenance of the vans and equipment used in conjunction with the delivery of services.
Finance Committee
Recommendation - voted
ARTICLE 48: (WATERWAY IMPROVEMENT REVOLVING ACCOUNT) We recommend that the Town vote to continue a Waterway Improvement Revolving Account pursuant to Massachusetts General Laws, Chapter 44, §53E˝ under the custody of the Town Treasurer, with control of the fund under the Department of Planning and Human Services, Recreation Division. Income of the fund shall consist of slip fees. Expenditures from the account of up to $200,000 may be made for any and all expenses associated with dredging Danvers’ waterways, including but not limited to, engineering, research, design, permitting, and construction.
Finance Committee
Recommendation - voted
ARTICLE 49: (FIRE TRAILER REVOLVING ACCOUNT) We recommend that the Town vote, pursuant to M.G.L. Ch. 44, §53E˝, to continue a Fire Trailer Revolving Account under the custody of the Town Treasurer, with control of the fund under the Fire Chief, to receive and disburse funds for maintenance and operation of a Fire Safety Trailer for public education concerning fire safety, the receipts for such funds to be from public donations or sums received from other communities participating in the program, and the Fire Chief of the Danvers Fire Department is authorized to expend a sum not exceeding $5,000 from the fund for said purposes.
Finance Committee
Recommendation - voted
ARTICLE 50: (FIRE DEPARTMENT - PRIVATE DETAIL FUND) We recommend that the Town vote to appropriate $15,000 from Free Cash for the establishment of a fire detail fund for the purpose of establishing a revolving fund for the payment of private details.
Finance Committee
Recommendation - voted
ARTICLE 51: (FISCAL 2003 BUDGET AMENDMENTS) We recommend no action.
Finance Committee Recommendation amended by Selectman Swindell for $20,000 from Free Cash for new air conditioning for the Daniel J. Toomey Hearing Room- voted
___________________________________________________________________________
Leo A. Almeida Brian F. Murphy
Sally J. Calhoun Joseph Pennimpede
Michael A. Daley John J. Sweeney, Jr.
David P. McKenna Myrna Zelin