2016 (Spring) Annual Town Meeting Warrant Articles

 Town Meeting is 7 pm Monday, May 16 at Salisbury Elementary School.

Below is the text of each warrant article and a link to a video discussion of each article at the Warrant Advisory Committee meeting of October 14, 2015.  Watch SCTV Video on Demand on your computer or tune in to Comcast Channel 12.

 Art. 
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 Click an image below to watch a video discussion of that article.  Summary headline and full text
 1
  

Election of Officers – Tuesday, May 10, 2016

Two Selectmen for Three-Year Terms


One Moderator for a Three-Year Term


Three Triton Regional School Committee Members (Three-year terms, one member from each town)


One Triton Regional School Committee Member from Newbury (Two-year term)



 2  
To hear reports of the Boards, Committees and Commissions as may be presented. 
 3

FY2017 Annual Operating Budget of the Town

To hear the report of the Warrant Advisory Committee and to raise and appropriate $23,782,025.00 to fund the FY2017 annual operating budget of the Town, which includes $10,510,569.00 to pay the Town’s anticipated share of the Triton Regional School District’s operating budget for FY2017, calculated in accordance with Mass. General Law Chapter 70, Section 6, and in accordance with the attached departmental breakdown of the budget; to appropriate $2,206,175.00 to fund the FY2017 Sewer Enterprise Fund budget; to appropriate $2,604,000.00 to fund the FY2017 Water Enterprise Fund budget; to transfer the sums of $404,547.00 from the FY2017 Sewer Enterprise Fund budget and $156,966.00 from the FY2017 Water Enterprise Fund budget to the General Fund; and to transfer the sums of $14,130 from the Municipal Waterways Improvement and Maintenance fund and $44,000.00 from the Waterways Permit Fees Fund to the General Fund; or to take any other action relative thereto.

 
 4
Transfer Planning Board Revolving Fund Balance

To see if the Town will vote to transfer any balance remaining as of June 30, 2016 in the Planning Board Revolving Fund created pursuant to Chapter 44, Section 53E ½ of the Massachusetts General Laws for the purpose of accepting fees for outside consultants to an account established pursuant to Chapter 44, Section 53G for the purpose of paying outside consultants; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER   

 5  
 Re-authorize revolving fund for Conservation Commission

To see if the Town will vote to re-authorize a revolving fund for the Conservation Commission as described in Chapter 44, Section 53E ½ of the Massachusetts General Laws, for FY2017.  This revolving fund would be to accept receipts from filing fees paid pursuant to the Wetlands Protection Act.  The receipts would be expended, not to exceed $100,000 in FY2017, by the Conservation Commission for the payment of consultant fees, expenses of, and a portion of the salary and benefits of the Town’s Conservation Agent for administration and enforcement of the Wetlands Protection Act; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER
 6 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4 

Re-authorize revolving fund for Parks and Recreation Commission

To see if the Town will vote to re-authorize a revolving fund for the Parks and Recreation Commission as described in Chapter 44, Section 53E½ of the Massachusetts General Laws, for FY2017.  The revolving fund would be to accept receipts from fund raising, grants, donations, and charges for activities.  The receipts would be expended, not to exceed $25,000.00 in FY2017 by the Parks and Recreation Commission for activities sponsored by the Parks and Recreation Commission; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

 
 7  
Re-authorize revolving fund for Building Inspector’s Department

To see if the Town will vote to re-authorize a revolving fund for the Building Inspector’s Department as described in Chapter 44, Section 53E ½ of the Mass. General Laws for FY2017.  This revolving fund would be to accept receipts from fees charged by the Department for electrical, plumbing and gas inspections.  The receipts would be expended, not to exceed $50,000 in FY2017, by the Building Inspector’s Department to pay for the services of the Town’s electrical, plumbing and gas inspectors; or to take 

any other action relative thereto.   ON PETITION OF THE TOWN MANAGER 

 8 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4
Re-authorize revolving fund for the Earth Filling Bylaw

To see if the Town will vote to re-authorize a revolving fund for the Earth Filling Bylaw as described in Chapter 44, Section 53 E ½ of the Mass. General Laws for FY2017.  This revolving fund would be to accept payments made by applicants under the Town’s Earth Filling Bylaw for borings and test pits, inspections, monitoring, certifications, reports and tests that are required by the permit granting authority while considering an application for an earth filling permit and/or as a condition of issuing a permit and/or to monitor performance under a permit and/or to establish compliance with the conditions of a permit and the bylaw.  The receipts would be expended, not to exceed $50,000 in FY2017, by the Board of Selectmen and/or the Town Manager for such services as either of them as a permit granting authority deems to be needed to evaluate an application and/or to monitor performance under a permit and/or to establish compliance with the conditions of a permit and the bylaw; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER 

 9 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4 
Re-authorize revolving fund for the Council on Aging

To see if the Town will vote to re-authorize a revolving fund for the Council on Aging as described in Chapter 44, Section 53E ½ of the Mass. General Laws, for FY2017.  This revolving fund would be to accept donations to the Council on Aging from individuals, businesses, corporations or non-profit agencies.  The receipts would be expended, not to exceed $50,000 in FY2017, by the Director of the Council on Aging, with the approval of the Board of Directors of the Council on Aging, to pay for general improvements to the Hilton Center and other expenses consistent with the mission of the Council on Aging; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER


 10 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4 
Re-authorize a revolving fund for the Planning Board  

To see if the Town will vote to re-authorize a revolving fund for the Planning Board as described in Chapter 44, Section 53E ½ of the Massachusetts General Laws, for FY2017.  The revolving fund would be to accept receipts from developers, landowners and other applicants seeking subdivision or site plan approval from the Planning Board, except for those receipts specifically to pay outside consultants.  The receipts would be expended, not to exceed $40,000.00 in FY2017, by the Planning Board, in conjunction with the Town’s Department of Public Works for: design, engineering and construction costs of sidewalks required pursuant to the Town’s subdivision control bylaw; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

 11 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4 
Re-authorize revolving fund for the Harbor Commission
To see if the Town will vote to re-authorize a revolving fund for the Harbor Commission, as described in Chapter 44, Section 53E ½ of the Mass. General Laws, for FY2017.  This revolving fund would be to accept receipts from: mooring fees, waterways permit fees, dinghy fees, and sewerage pump-out fees.  The receipts would be expended, not to exceed $75,000.00 in FY2017, by the Harbor Commission for: maintenance and development of riverfront recreational activities, equipment maintenance or replacement, Harbormaster’s operating expense, water safety, education and expenses of complying with the Clean Waters Act; or to take any other action relative thereto.
ON PETITION OF THE TOWN MANAGER
 12 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4 
Re-authorize revolving fund for the Health Department

To see if the Town will vote to re-authorize a revolving fund for the Health Department as described in Chapter 44, Section 53E ½ of the Massachusetts General Laws, for FY2017.  This revolving fund would be to accept receipts from fees charged to property owners and/or other applicants for inspections by the Town's Department of Health.  The receipts would be expended, not to exceed $100,000 in FY2017, by the Director of Public Health, with the approval of the Town Manager, to pay for the services of qualified individuals to conduct health inspections, including but not limited to inspections of restaurant and food establishments, housing, septic systems and Title 5, as required by law, bylaw or Board of Health regulation, and the enforcement thereof, at the direction of the Director of Public Health; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER  

 13 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4
Re-authorize revolving fund for the Department of Public Works
To see if the Town will vote to re-authorize a revolving fund for the Department of Public Works as described in Chapter 44, Section 53E ½ of the Massachusetts General Laws, for FY2017.  This revolving fund would be to accept receipts from rental and other fees charged to tenants of the former Memorial School.  The receipts would be expended, not to exceed $75,000 in FY2017, by the Director of Public Works, to pay for capital repairs and improvements to the former Memorial School; or to take any other action relative thereto.   ON PETITION OF THE TOWN MANAGER
 14 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4
Re-authorize revolving fund for the Tax Collector

To see if the Town will vote to authorize a revolving fund for the Tax Collector as described in Chapter 44, Section 53 ½ of the Massachusetts General Laws, for FY2017.  This revolving fund would be to accept receipts from fees paid to record documents at the Registry of Deeds.  The receipts would be expended, not to exceed $20,000 in FY2017, by the Tax Collector, to pay for recording fees charged by the Registry of Deeds; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER

 15 http://trms.sctvmc.org/VOD/4584-OABSWC-Annual-Town-Meeting-5-2016-Warrant-Art-4-1-High-v2.mp4
Re-authorize revolving fund for the Planning Department

To see if the Town will vote to authorize a revolving fund for the Planning Department as described in Chapter 44, Section 53E ½ of the Massachusetts General Laws, for FY2017.  This revolving fund would be to accept receipts from vendors, donations and grants related to the Town’s annual Art Stroll, and lease/license fees from users of the Town’s community gardens.  The receipts would be expended, not to exceed $30,000.00 in FY2017, by the Planning Director, in conjunction with the Town Manager, for costs and expenses associated with promoting and administering these programs, and the payment of utility charges at the Town’s community gardens; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

 16  
 Amend  vote on library costs

To see if the Town will vote to amend the vote taken under Article Twenty-Five of the Warrant at the May 20, 2013 Annual Town Meeting, which appropriated $7,500,000 to pay costs of designing, constructing, originally equipping and furnishing a new library building on the Town Common and authorized the borrowing of such funds less any amounts received on account of a grant from the State Board of Library Commissioners and private donations for the project, to provide, in its entirety, as follows:

That $7,500,000 is hereby appropriated and the Treasurer with the approval of the Board of Selectmen is authorized to borrow the sum of $7,500,000 in accordance with General Laws chapter 44, Section 7, or any other enabling authority, for the purpose of designing, constructing, equipping and furnishing a new library building on the Town Common, including the payment of costs incidental or related thereto; provided however, that the borrowing authority authorized hereunder shall be reduced by the $3,856,187, the amount of the grant awarded to the Town on October 4, 2012 by vote of the State Board of Library Commissioners and by the sum of $443,813 received by the Town as gifts for the project;

or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

 17  
Authorize lease/purchase of Fire Department pumper truck

To see if the Town will vote to authorize the Town Manager, as the Town’s Chief Procurement Officer, to enter into a contract for the lease/purchase of a pumper truck for the Fire Department for a period not to exceed ten (10) years, subject to annual appropriation of the required lease payments; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER 

 18  
Discontinue Old Locust Street as a public way

To see if the Town will vote, pursuant to G.L. c. 82, Sec 21 to discontinue as a public way Old Locust Street, a portion of which originates at Main Street, runs between parcels of land shown on Assessors Map 19 as Lot 217 and on Map 12 as Lots 53 and 54, and terminates at the I-95 off ramp that turns into Toll Road, which portion is shown as “Locust Street” on a plan of land entitled “Plan of Land in Salisbury, MA” prepared for Enon Enterprises, Inc., Port Engineering Associates, Inc., September 9, 1996, recorded at the Essex South Registry of Deeds in Plan Book 310, Plan 91 and on file with the Town Clerk, and the remaining portion of Old Locust Street is shown on Assessors Map 12 as Lot 88; and to transfer the care, custody, control and management of said discontinued Old Locust Street 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 all the Town’s right, title and interest in said discontinued Old Locust Street on such terms and conditions, and for such consideration, as the Board of Selectmen in their discretion may deem proper; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


 19
Modify boundary of the Main Street Commercial (C) District

To see if the Town will vote to amend the Zoning Bylaw of the Town of Salisbury by amending the Official Zoning Map of the Town of Salisbury by modifying the boundary of the Commercial (C) District in the area of Main Street, as shown on a map entitled “Proposed Commercial District Zoning”, dated April, 2016, which is on file with the Town Clerk and is hereby declared to be part of the Zoning Bylaw; or to take any other action relative thereto. Copies of the proposed Zoning Bylaw amendment and map are available for review in the office of the Town Clerk.

ON PETITION OF THE TOWN MANAGER 


 20   Amend the Zoning for Lafayette-Main Commercial District

To see if the Town will vote to amend the Zoning Bylaw by amending Article XXIV, Lafayette-Main Commercial District §300-164, Off-Street Parking and Loading, Subsection B(4) – Minimum Off-Street Parking Requirements-Restaurant, be deleting the word “four” from “Restaurant: one space per four three seats or one space per 50 sq. ft.” to now read “Restaurant: one space per three seats or one space per 50 sq. ft.”; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER 

 21   Transfer land parcels to the Board of Selectmen

To see if the Town will vote to transfer the care, custody and control of the parcels of land shown on Town Assessors Map No. 27 as Lot 26 and on Map 12 as Lot 38 from the tax custodian for tax title purposes to the Board of Selectmen for the purpose of conveyance, and authorize the Board of Selectmen to convey the fee to or any lesser interest in the foregoing lots on such terms and conditions, and for such consideration as the Board of Selectmen deems appropriate; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER

 22 Amend Bylaws to add Stretch Energy Code

To see if the Town will vote to amend the Town of Salisbury General Bylaws by adding a new Chapter, entitled “Stretch Energy Code,” for the purpose of regulating the design and construction of buildings for the effective use of energy, pursuant to Appendix 115.AA of the Massachusetts Building Code, 780 CMR, the Stretch Energy Code, including future editions, amendments or modifications thereto, with an effective date of January 1, 2017, a copy of which is on file with the Town Clerk; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER 




<<<< Stretch Code Workshop

 23   Adjust for veteran real property tax work-off abatement

To see if the Town will vote to adjust the exemption authorized by G.L. c. 59, §5N and Chapter 108, Section 8A of the Acts of 2012, by allowing an approved representative, for persons physically unable, to provide veteran real property tax work-off abatement services to the Town of Salisbury, in accordance with the guidelines for the administration of this program adopted by the Board of Selectmen on January 13, 2014; or to take any other action relative thereto.

ON PETITION OF THE TOWN MANAGER


 24  

Authorize easement to the Massachusetts Electric Company

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, maintain, operate, repair, replace and/or reconstruct conduits, lines, and related appurtenances for the transmission of high and low voltage electric current as part of an Underground Electric Distribution System in, through, under, over, across and upon a parcel of the Town-owned land located on the northerly side of Beach Board, being more particularly shown on Town Assessors Map 28 as Lot 5; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER


 25 Approve Whittier Regional Vocational District Stabilization Fund

To see if the Town will vote to approve the Whittier Regional Vocational Technical District Committee’s vote on February 10, 2016, to establish a Stabilization Fund, pursuant to Section 16G ½ of Chapter 71 of the Massachusetts General Laws, said Stabilization Fund to be invested and to retain its own interest earnings as provided by law, and further to set up an operational line item to be created to transfer available monies into said Stabilization Fund; or to take any other action relative thereto. ON PETITION OF THE TOWN MANAGER 

 26  

Amend the Town’s Zoning Bylaw on the Salisbury Beach Overlay District

Click here to read the entire Warrant Article.


ON PETITION OF WAYNE CAPOLUPO ET AL.








<<<< Public Hearing on Salisbury Beach Zoning Bylaw change at 

5-11-16 Planning Board


Newburyport Daily News Article on Planning Board action:

Board waits to act on beach height zoning changes


 27Authorize the assessment of the cost of sewer projects by means of betterment assessments and privilege fees 
Click here to read the entire Warrant Article.
 28Borrow $675,000 for final engineering of sewer service expansion

To see if the Town will vote to authorize the Treasurer to borrow the sum of $675,000.00, in accordance with General Laws Chapter 44, Section 7, or any other borrowing authority, for the purpose of funding the final engineering design and permitting for the potential expansion of Town sewer service, including any costs incidental or related thereto, to the streets listed in a document entitled “Scope of Work Summary & Fee Schedule, Final Design & Permitting, Phases 2 & 3,” dated April 25, 2016, 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