Warrant Articles Full Text


WARRANT FOR THE ANNUAL FALL TOWN MEETING

OCTOBER 27, 2014



TO: Anthony King, Constable of Salisbury


GREETINGS:

In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of the Town of Salisbury who are legally qualified to vote in Town affairs, to meet at the Salisbury Elementary School on Monday, October 27, 2014 at 7:00 PM, to then and there act on the Articles in this Warrant.

ARTICLE ONE

To see if the Town will vote to transfer the sum of $25,000.00 from Free Cash for the purpose of reducing a deficit in FY2014 budget line item number 0100.0543.5770 (Veterans Services – Veterans Benefits); or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWO

To see if the Town will vote to transfer the sum of $10,000.00 from Free Cash to FY2015 budget line item number 0100.0124.5279 (Central Services – Computer Hardware) for the purpose of purchasing a permit tracking software license and support services for the Building Inspector and other Town departments; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE THREE

To see if the Town will vote to transfer the sum of $15,000.00 from Free Cash to FY2015 budget line item number 0100.0210.5850 (Police Department – Vehicles – Capital Outlay) for the purpose of funding a portion of the first year cost of a three-year lease/purchase agreement for a new supervisor’s vehicle for the Police Department, including all costs incidental or related thereto; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE FOUR

To see if the Town will vote to transfer the sum of $20,000.00 from Free Cash to FY2015 budget line item number 0100.0210.5270 (Police Department Purchase of Services – Equipment Lease/Rental) for the purpose of funding a portion of the first year cost of a three-year lease/purchase agreement for four new parking kiosks for the Broadway mall area and the Town parking lot at Salisbury Beach, including all costs incidental or related thereto; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE FIVE

To see if the Town will vote to transfer the sum of $39,000.00 from Free Cash to FY2015 budget line item number 0100.413.5299 (Dept. of Public Works – Purchase of Services – Emergency Repairs) for the purpose of supplying 3-phase electrical power to a new storm water pump station to be installed as part of the Blackwater River Flood Risk Management Project, including all costs incidental or related thereto; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE SIX

To see if the Town will vote to transfer the sum of $4,300.00 from Free Cash to FY2015 budget line item number 0100.435.5240 (Beach Services –Building Repair and Maintenance) for the purpose of funding an emergency roof replacement at the beach comfort station, including all costs incidental or related thereto; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE SEVEN

To see if the Town will vote to transfer the sum of $2,000.00 from Free Cash to FY2015 budget line item number 0100.0543.5420 (Veterans Services – Office Supplies) for the purpose of purchasing flags and grave markers for veterans’ graves in Salisbury and office supplies for the Veterans Services Officer; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER

ARTICLE EIGHT

To see if the Town will vote to transfer the sum of $16,885.00 from Free Cash to FY2015 budget line item number 0100.0320.5322 (Education – North Shore Regional) for the purpose of funding an assessment from the North Shore Agricultural and Technical School District for transportation of Salisbury students for the 2014-15 school year; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE NINE

To see if the Town will vote to transfer the sum of $7,800.00 for Free Cash to FY2015 budget line item number 0100.0220.5815 (Fire Department – Equipment) for the purpose of purchasing new repeater equipment for the Fire Department; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TEN

To see if the Town will vote to transfer the sum of $6,300.00 from Free Cash to FY2015 budget line item number 0100.0123.5305 (Town Manager – Consulting Fees) for the purpose of funding the cost of an assessment center examination process for the position of lieutenant in the Salisbury Police Department; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER

ARTICLE ELEVEN

To see if the Town will vote to transfer the sum of $15,000.00 from Free Cash to FY2015 budget line item number 0100.0123.5305 (Town Manager – Consulting Fees) for the purpose of funding a zoning study for the Lafayette Road corridor, from Salisbury Square to the New Hampshire border; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWELVE

To see if the Town will vote to transfer the sum of $9,500.00 from Free Cash to FY2015 budget line item number 0100.0413.5240 (Dept of Public Works – Building Repair and Maintenance) for the purpose of funding repair or replacement of the roof, siding and fencing at the former Pike School, including all costs incidental or related thereto; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE THIRTEEN

To see if the Town will vote to transfer the sum of $8,000.00 from Free Cash to FY2015 budget line item number 0100.0413.5240 (Dept. of Public Works – Building Repair and Maintenance) for the purpose of funding the Town’s matching share of a grant awarded to upgrade all windows at the historic building at Minister’s Corner; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER

ARTICLE FOURTEEN

To see if the Town will vote to transfer the sum of $225,000.00 from Free Cash to FY2015 budget line item number 0100.0910.5199 (Insurance and Benefits – Personnel Salary Reserve) for the purpose of funding the FY2014 General Fund costs of collective bargaining agreements between the Town and: (1) AFSCME Local 939 (DPW) covering the period from FY2014 through FY2016; (2) AFSCME Local 939 (Emergency Telecommunications Dispatchers) covering the period from FY2014 through FY2016; (3) Teamsters Local 170 (Department Heads) covering the period from FY2014 through FY2016; (4) Teamsters Local 170 (Administrative Professionals) covering the period from FY2014 through FY2016; (5) NEPBA Local #15 (Police Patrolmen) covering the period from FY2014 through FY2016; and (6) NEPBA Local #35 (Police Superior Officers) covering the period from FY2014 through FY2016; and for the purpose of funding the FY2013 and FY2014 General Fund costs of a collective bargaining agreement between the Town and IAFF/PFFM Local 4694 (Firefighters) covering the period from FY2013 through FY2015; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE FIFTEEN

To see if the Town will vote to transfer the sum of $15,000.00 from Sewer Enterprise Fund Free Cash to FY2015 Sewer Enterprise Fund budget line item number 6000.0440.5110 (Personal Services - Wages) for the purpose of funding the FY2014 Sewer Department costs of a collective bargaining agreement between the Town and AFSCME Local 939 (Dept. of Public Works) covering the period from FY2014 through FY2016; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE SIXTEEN

To see if the Town will vote to authorize the Board of Selectmen to grant to the Massachusetts Electric Company an easement to install, construct, reconstruct, repair, replace, add to, maintain and operate for the transmission of high and low voltage electric current an Underground Electric Distribution System in, through, under, over across and upon a parcel of land situated on the northerly side of School Street, and the easterly side of Elm Street, being more particularly shown as Town of Salisbury Assessors Map 6, Lot 12; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE SEVENTEEN

To see if Town Meeting will vote pursuant to G.L. c.40, §15A to transfer the care, custody and control of a portion of the property located at 175 Beach Road, which portion is shown approximately as “Transfer Portion” on a plan entitled “Plan of 175 Beach Road,” dated October 3, 2014, and prepared for the Town by HKT Architects, Inc., and which is part of the land acquired by the Town pursuant to a deed recorded with the Essex South District Registry of Deeds in Book 17706, Page 448, from the Board of Selectmen for water supply purposes and the extinguishment of fires and domestic, manufacturing and other purposes to the Board of Selectmen for general purposes, including, without limitation, for the construction of a new police station thereon. A copy of said plan is on file with the Town Clerk; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE EIGHTEEN

To see if the Town will vote to accept as town ways the roadways know as Adams Street, Garfield Street, Hayes Street, Taft Street and Washington Street, as heretofore laid out by the Board of Selectmen and shown on a plan entitled “Street Acceptance Plan Salisbury, MA, Showing Presidential Streets,” dated September 19, 2014, prepared by Millennium Engineering, Inc. (5 sheets), and on file with the Town Clerk, and to authorize the Board of Selectmen to acquire on behalf of the Town by gift, purchase or eminent domain the fee and/or easements in Adams Street, Garfield Street, Hayes Street, Taft Street and Washington Street for all the purposes for which public ways are used in the Town of Salisbury, and any drainage, utility, access, and/or other easements related thereto; or to take any other action relative thereto

ON PETITION OF THE TOWN MANAGER


ARTICLE NINETEEN

To see if the Town will vote to appropriate and authorize the Treasurer to borrow the sum of $433,500.00 in accordance with General Laws Chapter 44, Section 7, or any other enabling authority, for the purpose of funding a portion of the cost of an Owner’s Project Manager and the cost of the design development and construction documents phases of a new police station for the Town, as detailed in a report prepared for the Town by HKT Architects, Inc. entitled “Salisbury Emergency Services Feasibility Study Final Report,” dated June 7, 2013, a copy of which is on file in the office of the Town Clerk; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWENTY

To see if the Town will vote to supplement the vote taken under Article 24 of the May 20, 2013 Annual Town Meeting, which transferred the care, custody, management and control of the property located at 50 Dock Lane, Salisbury, and shown on Assessors May #24, Lot #55, from the Board of Selectmen for sewer purposes to the Board of Selectmen for the purpose of conveyance, authorized the Board of Selectmen to convey said parcel, and authorized the Board of Selectmen to petition the General Court for special legislation, to hereby authorize the Board of Selectmen to submit the special legislation as set forth below, provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court which are within the scope of the general public objectives of the petition, and to authorize the Board of Selectmen to approve such amendments; or take any other action relative thereto.


The petition for special legislation shall take the following form:


AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN PROPERTY IN THE TOWN OF SALISBURY


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, including the provisions of chapter 30B of the general laws, the town of Salisbury is hereby authorized to convey the property located at 50 Dock Lane in the town of Salisbury, which property is shown on Assessors Map 24 as Lot 55, on such terms and conditions and for such consideration, which may be nominal consideration, as the Board of Selectmen may deem appropriate.


SECTION 2. This act shall take effect upon its passage.


ON PETITION OF THE TOWN MANAGER



ARTICLE TWENTY-ONE

To see if the Town will vote to amend Chapter 17 of the General Bylaws (Animals) by adding the following new article:

Dog Licenses:

All dogs six months of age and older shall be inoculated against rabies and licensed with the Town of Salisbury, as required by Massachusetts General Laws, Chapter 140, §137.

The fee for dog licenses shall be as follows:

$10.00- neutered males and spayed females

$15.00- unaltered males and unspayed females


Proof of spaying or neutering shall be shown at the time of licensing.


There shall be no licensing fee for “service dogs” as defined by the Americans with Disabilities Act or regulations promulgated thereunder.


or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWENTY-TWO

To see if the Town will vote to authorize the Board of Selectmen to acquire, on such terms as it shall deem appropriate, on behalf of the Town, by gift, purchase, or eminent domain, permanent and temporary floodwall easements, stormwater drainage easements, outfall drainage easements, access easements, construction easements, and/or other easements related to the Blackwater River Flood Risk Management Project, all as shown on a plan entitled “Street Acceptance and Easement Plan Salisbury, MA,” dated March 12, 2014, prepared by Millennium Engineering, Inc. (8 sheets), on file with the Town Clerk, and, further, to authorize the Board of Selectmen and/or the Town Manager to enter into any and all agreements with the United States and/or the Commonwealth of Massachusetts and execute any and all instruments as may be necessary or convenient to undertake, fund, and accomplish the foregoing Project; or take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWENTY-THREE

To see if the Town will vote, pursuant to G.L. c. 82, §21 to discontinue a portion of Main Street which portion to be discontinued is located between the northerly side of the paved portion of Main Street and the southerly side of Assessors Map 12, Lots 47, 48 and 49, and shown as “Area of Discontinuance” on a plan of land entitled “Street Alteration Plan, Main Street, Salisbury, MA” prepared by Donahoe and Parkhurst, Inc., dated Oct. 10, 2010, on file with the Town Clerk, which portion is bounded and described as follows:


Beginning of the Northeasterly corner thereof at a point North 28° 00’ 38” East

.21 feet from a drill hole in a Massachusetts Highway stone bound by the

Southeasterly boundary of land now or formerly of Albert J. Johnson, thence running

South 30° 49’ 19” East 55 feet to an iron rod thence turning and running

Southwesterly in four (4) courses; South 65° 37’ 35” West 142.61 feet to an iron rod,

Thence South 63° 28’ 37” West 146.53 feet to a spike, thence South 61° 57’ 14” West

82.60 feet to an iron rod, thence South 60° 19’ 36” West 149.67 fee to an iron rod at

the Southwest corner thereof, then turning and running North 30° 49’ 19” West 21 feet

to a pin in an Essex County stone bound, thence turning and running North 59° 10’ 41” East 519.97 feet to the point of beginning, containing 17,065 sq. ft. more or less


all as shown on said plan; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWENTY-FOUR

To see if the Town will vote, pursuant to G.L. c. 40, §15 and §15A, to transfer the care, custody and control of a parcel of land formerly a portion of Main Street located between the northerly side of the paved portion of Main Street and the southerly side of Assessors Map 12, Lots 47, 48 and 49, and shown as “Area of Discontinuance” on a plan of land entitled “Street Alteration Plan, Main Street, Salisbury, MA” prepared by Donahoe and Parkhurst, Inc., dated Oct. 10, 2010, on file with the Town Clerk, from the Board of Selectmen for public way purposes to the Board of Selectmen for the purpose of conveyance, and to authorize the Board of Selectmen to convey all of the Town’s right, title and interest in said Area of Discontinuance or portions thereof for a total minimum price of $200.00 or on such other terms and conditions as the Selectmen in their discretion may deem proper.


Said Area of Discontinuance is bounded as described as follows:


Beginning of the Northeasterly corner thereof at a point North 28° 00’ 38” East

.21 feet from a drill hole in a Massachusetts Highway stone bound by the

Southeasterly boundary of land now or formerly of Albert J. Johnson, thence running

South 30° 49’ 19” East 55 feet to an iron rod thence turning and running

Southwesterly in four (4) courses; South 65° 37’ 35” West 142.61 feet to an iron rod,

Thence South 63° 28’ 37” West 146.53 feet to a spike, thence South 61° 57’ 14” West

82.60 feet to an iron rod, thence South 60° 19’ 36” West 149.67 fee to an iron rod at

the Southwest corner thereof, then turning and running North 30° 49’ 19” West 21 feet

to a pin in an Essex County stone bound, thence turning and running North 59° 10’ 41” East 519.97 feet to the point of beginning, containing 17,065 sq. ft. more or less


all as shown on said plan; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWENTY-FIVE

To see if the Town will vote, pursuant to G.L. c. 82, §21 to discontinue a portion of Park Street,

which portion to be discontinued is partially located under a section of the Memorial School and

extends west to where it intersects with Maple Street, and shown as “Portion of Park Street to be

Discontinued” on a plan of land entitled “A Portion of Park Street to be Discontinued, Salisbury,

MA” prepared for the Town of Salisbury, Millennium Engineering, Inc., September 8, 2014, on

file with the Town Clerk, and transfer the care, custody and control of said discontinued portion

from the Board of Selectmen for public way purposes to the Board of Selectmen for general

municipal purposes and/or for the purpose of conveyance, and further to authorize the Board of

Selectmen to convey said discontinued portion on such terms and conditions as the Selectmen in

their discretion may deem proper, which portion to be discontinued is bounded and described as

follows:


Beginning at a point on the Easterly line of Maple Street at the Northwesterly corner of the

portion of Park Street to be discontinued thence running South 76° 10’ 22” East 104.84 feet

thence turning and running South 39° 37’ 22” East 35.74 feet, thence South 13° 16’ 50” West

45.13 feet along the face of the building, thence North 39° 37’ 22” West 51.08 feet, thence North

76° 10’ 22” West 92.95 feet to a point on the Easterly line of said Maple Street, thence turning

and running North 13° 49’ 38” East along the Easterly line of Maple Street 36.00 feet to the

point of beginning, containing 5,123 sq. ft. more or less


all as shown on said plan; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


ARTICLE TWENTY-SIX

To see if the Town will vote to amend Article 102 of the General Bylaw, entitled “Harbor Regulations,” as follows:


Delete § 102-6, paragraph B, in its entirety and insert in place thereof the following:

Advise the Harbormaster on operational policy, the assignment of moorings, the placement of floats or rafts held by bottom moorings, the management of mooring and anchorage areas, and the collection of fees.


Delete § 102-14, Paragraph A. (1) in its entirety and insert in place thereof the following:

It shall be unlawful to operate or permit the operation of any motorboat or other vessel propelled by machinery at a speed exceeding six miles per hour and/or causing a disturbing wake in any designated mooring areas of the Salisbury waters within Town limits.


§ 102-14, Paragraph A is hereby amended by adding the following section:

All stand-up paddleboard users in Salisbury waters, when not in a bathing, swimming, or surf zone, are required to have a Type I, II, or III personal flotation device (PFD) on board, or be wearing a type V inflatable device.


Delete § 102-14, Paragraph D. (3) in its entirety and insert in place thereof the following:

No person shall operate a motorized vessel within 150 feet of any beach or swimming area, or within 300 feet of any ocean-front beach. This restriction extends to 300 feet from any ocean-front beach or swimming area while towing water skiers, aquaplanes or similar devices.


Delete § 102-16 in its entirety and insert in place thereof the following:

No mooring or waterways permit shall be assigned to any person who is in arrears on any boat excise tax, mooring, waterways permit fees, or pump-out fee, due and payable to the Town, for any year present or previous. Proof of the payment shall be submitted with application for a mooring or waterways permit.


§ 102-18A is hereby amended by adding the following section:

(4) Failure to display a current waterway permit is a violation of this bylaw.


§ 102-18 is hereby amended by adding the following Paragraph G:

Nonpayment of waterways or mooring fees shall be a violation of this bylaw and may result in fine and/or the removal of vessels. All costs incurred shall be the responsibility of the vessel owner.


or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER








ARTICLE TWENTY-SEVEN

To take any other action that may be lawfully taken at this meeting.


And you are hereby directed to serve this Warrant by posting attested copies in at least ten (10) public places in Town over two consecutive Sundays before the time of 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 said meeting.


Given under our hands this ______ Day of October, 2014.


BOARD OF SELECTMEN


______________________________ _____________________________

Donald W. Beaulieu, Chairman Freeman Condon, Vice Chairman

______________________________ _____________________________

Ed Hunt Wilma Mahoney McDonald


______________________________

Henry Richenburg


Pursuant to this Warrant so directed by the Honorable Board of Selectmen of the Town of Salisbury, in and for, to me, Anthony King, Constable of the Town of Salisbury, in and for have on this date, the _____ Day of October, 2014, posted a copy of this notice in the ten (10) following places:


1. Town Hall 2. Marie’s Restaurant

3. Public Library 4. Salisbury Housing Authority

5. US Post Office 6. William Hilton Center

7. Salisbury Elementary School 8. Police Station

9. Center Fire Station 10. Municipal Center


I hereby warn the inhabitants of the Town of Salisbury who are qualified legally to vote in Town affairs, to meet at the time and place mentioned in the said Warrant for the purpose therein expressed.



________________________________

Anthony King, Constable

Town of Salisbury, Massachusetts