Fall Town Meeting October 16 2006 Kerry A

Fall Town Meeting October 16, 2006 Kerry A. Speidel, Acting Town Manager

Article 1 - Hear Report l Pat Maloney, Chair, School Building Committee l Kerry Speidel, Acting Town Manager, Five. Year Financial Forecast

Article 2 - Transfer to Stabilization Fund l. I move that the Town vote to appropriate from Free Cash the sum of $468, 864 and that said appropriation be transferred to the Stabilization Fund.

Article 2 - Transfer to Stabilization Fund Free Cash Calculation

Article 3 - Medicaid Reimbursement l. I move that the Town vote to appropriate from Free Cash the sum of $225, 000 to the Chelmsford School Department for the purpose of providing Medicaid Reimbursement.

Article 3 - Medicaid Reimbursement l l l School provides some services to students that are covered by Medicaid Federal Government reimburses the Town for the provision of these services The reimbursement is a General Fund Receipt and by law, must be credited to the General Fund

Article 3 - Medicaid Reimbursement l l l Town has traditionally given back to the School Department an amount equal to the Medicaid Reimbursement received in the prior Fiscal Year This amount has traditionally been funded by a transfer of Free Cash Last year was the first time the full amount of the reimbursement could not be funded

Article 3 - Medicaid Reimbursement

Article 3 - Medicaid Reimbursement l. I move that the Town vote to appropriate from Free Cash the sum of $225, 000 to the Chelmsford School Department for the purpose of providing Medicaid Reimbursement.

Article 4 - E-Rate Reimbursement l. I move that the Town vote to transfer from Special Revenue, E-Rate Reimbursement, the sum of $27, 002 to the Chelmsford School Department.

Article 4 - E-Rate Reimbursement l l Standard article What is the "E-Rate"? The E-Rate is the discount that schools and libraries receive for the acquisition of telecommunication services. Discount is 20 to 90% depending upon services Amount to transfer to School is $27, 002

Article 5 - FY 2007 Budget Amendment l. I move that the Town vote to amend the Fiscal Year 2007 operating budget under Article 7 of the Spring Town Meeting held on April 24, 2006 as follows:

Article 5 - FY 2007 Budget Amendment l Increase Line Item #7, Public Works Personnel, by $40, 000; l Decrease Line Item #7, Public Works Expenses, by $40, 000; and

Article 5 - FY 2007 Budget Amendment l Increase Line Item #3, Chelmsford School Department by $234, 352 and that said appropriation be funded from $109, 352 additional Chapter 70 Aid received by the State and $125, 000 in Foundation Reserve funds received by the State. l Total FY 2007 Appropriation for Chelmsford Public Schools is $42, 078, 931

Article 5 - FY 2007 Budget Amendment l Two amendments proposed l Transfer $40, 000 from Public Works Expenses to Public Works Personnel. Contracted service now being provided in-house l Increase total school appropriation by $109, 352. Final Cherry Sheet Chapter 70 amount was even higher than estimated. – $125, 000 Foundation Reserve Award –

Article 12 - Establishment of DPW Revolving Fund l WITHDRAWN

Article 13 - Establishment of Dog Revolving Fund l I move that the Town vote to authorize the establishment of a revolving fund under Massachusetts General Law Chapter 44, Section 53 E ½ for the Town Clerk for Fiscal Year 2007. The receipts to be credited to the fund shall be from the collection of fees from rabies clinic, pound adoption fees. The Town Clerk shall be authorized to spend

Article 13 - Establishment of Dog Revolving Fund l Money from the fund for the purpose of providing improvements associated with the dog pound and programs and expenses associated with the licensing of animals during Fiscal Year 2007. Expenditures from the program shall be limited to $25, 000 during Fiscal Year 2007.

Article 13 - Establishment of Dog Revolving Fund l l Fund established under MGL, Chapter 44, Section 53 E ½. Requires annual authorization with a maximum spending limit (request is $25 K) New fees: $15/ rabies shot & $25/ microchip, established by BOS on 8/21/06 Expenditures from this fund will be for improvements at the dog pound and for program expenses for dog licensing programs.

Article 14 - Bylaw Amendment l I move that the Town vote to amend the General Bylaws, Chapter 11, Animals, Article 1, Dogs, to include: replacing all references to “Dog Officer” with “Animal Control Officer, ” requiring dog owners to pick up dog waste and to prohibit their dogs from running at large and barking excessively; and by amending the penalties for failure to comply

Article 14 - Bylaw Amendment l With the Bylaw, all as set forth in Appendix 1 to the Warrant.

Article 14 - Bylaw Amendment l l l Replace “Dog Officer” with “Animal Control Officer” Require dog owners to pick of dog waste Prohibit dogs from running-at-large Prohibit dos from barking excessively Amend penalties for failure to comply

Article 15 - Access Easement at Freeman Lake l I move that the Town vote to transfer to the Board of Selectmen for the purpose of conveyance, and to authorize the Board of Selectmen to convey, in accordance with Massachusetts General Laws, Chapter 30 B, for consideration to be determined, an easement over a portion of a certain parcel of land on Shore Drive and identified by a

Article 15 - Access Easement at Freeman Lake l Plan on file in the Department of Public Works Engineering Division entitled “Access Easement Plan in Chelmsford, MA” dated May 18, 2006 as prepared by P. M. Flaherty Associates, Inc. and shown as a portion of Lot 86 -1 on Assessor’s Map 19, containing 1, 813 square feet more or less.

Article 15 - Access Easement at Freeman Lake

Article 16 - Central Square Utilities l I move that the Town vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, properties located in the Town of Chelmsford, Massachusetts, and further described and shown on a set of plans on file in the Office of the Community Development Director

Article 16 - Central Square Utilities l Entitled “Manhole and Ductline Installation, Chelmsford Conduit Project, Chelmsford, Massachusetts” dated April 12, and incorporated herein by reference, for the Purpose of locating manholes, transformers, switching gear, hand holes, and other equipment necessary for the depression of utilities in the Chelmsford Center area,

Article 16 - Central Square Utilities l As approved by Article 11 of the October 19, 1998 Annual Town Meeting, Article 10 of the October 21, 2002 Annual Town Meeting, Article 11 of the October 21, 2002 Annual Town Meeting, and to raise and appropriate $10, 000 for said acquisitions, and to authorize the Selectmen to convey easements to Verizon, Comcast, and National Grid, or their respective successors,

Article 16 - Central Square Utilities l in order to effectuate the location of equipment necessary for the depression of utilities in the Central Square area; and furthermore, to convey said parcels back to the original landowners after the conveyance of said easements.

Article 16 - Central Square Utilities

Article 16 - Central Square Utilities l Chronology of Utility Conversion Project – – – Article 11, 10/19/98: Adoption of G. L. c. 166, s. 22 Article 10, 10/21/02: Expansion of utility district to include Billerica Road, Boston Road, Summer Street Article 11, 10/21/02: Authorization to acquire land for equipment – easements

Article 16 - Central Square Utilities l l l Handholes: One handhole for each utility: Comcast, Verizon, Mass. Electric Handholes are the point where main utility lines in the street branch off to service individual buildings Easements: – – Handholes are between 17”X 30”X 24” and 36”X 60”X 36” Handholes are buried and covers are flush with the ground – only the top of the cover is visible Easements will be approximately 400 square feet (20’X 20’) to accommodate all 3 utilities Easements will be at the front of the property – at the street edge

Article 16 - Central Square Utilities l l l l CENTRAL SQUARE UTILITY CONVERSION PROJECT SURCHARGE COLLECTIONS AND EXPENDITURES THROUGH DECEMBER 31, 2005 Verizon Expenses $609, 579 Receipts $678, 863 Balance $69, 284 Uses of funds: “Engineering of Underground Tel. Facilities” Massachusetts Electric Expenses $411, 765 Receipts $3, 090, 128 Balance $2, 678, 363 Uses of funds: Engineering and design, surveying, permitting, project management

Article 16 - Central Square Utilities l l l Similar to warrant article passed in 2002 Project limits have been altered since then Need to be more specific in potential land takings To date, have been unable to obtain easements from 15 properties, out of a total of 85 Easement will be no more than a couple hundred square feet in size

Article 16 - Central Square Utilities l Utility easements – 15 Outstanding Properties 32 Billerica Road 15 -17 Billerica Road 23 Billerica Road 26 Billerica Road 20 Chelmsford Street 47 Boston Road 16 -20 Boston Road 30 Central Square 28 Central Square 8 Chelmsford Street 24 Chelmsford Street 60 Chelmsford Street 39 Chelmsford Street 63 Chelmsford Street 4 Westford Street

Article 17 - Local Acceptance Statute l I move that the Town vote to accept, for all boards, committees or commissions holding adjudicatory hearings in the Town, the provisions of Massachusetts General Laws, Chapter 39, Section 23 D, which provide that a member of a board, committee, or commission holding an adjudicatory hearing shall not be disqualified from voting in the

Article 17 - Local Acceptance Statute l Matter solely due to the member’s absence from one session of such hearing, provided that certain conditions as established by statute are met.

Article 17 - Local Acceptance Statute l l l Applies to Zoning Board, Planning Board & Conservation Commission Current law states that if a committee has a hearing that extends over multiple meetings, members must attend all sessions in order to vote Adoption of LAS would allow members to review file (transcript, minutes, tape, video) to be eligible to vote.

Article 17 - Local Acceptance Statute AN ACT FURTHER REGULATING MEETINGS OF MUNICIPAL BOARDS. Section 23 D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received.

Article 17 - Local Acceptance Statute Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.

Article 17 - Local Acceptance Statute (b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.

Article 18 - Amend Zoning Bylaw l WITHDRAWN

Article 19 - Amend Zoning Bylaw l I move that the Town vote to amend the Chelmsford Zoning Bylaw, Chapter 195 of the Chelmsford Code, Article V, Off-Street Parking & Loading, Section 195 -17, Minimum parking requirements, by deleting the term “net leasable floor area” where it appears and inserting in its place the term “net floor area. ”

Article 19 - Amend Zoning Bylaw l Related to Stop & Shop litigation l Term “net leasable floor area” is not defined l Change to “net floor area” which is a defined term

Article 19 - Amend Zoning Bylaw l l l l Zoning Bylaw Parking Requirements: Parking requirements are calculated based on the use of property Retail parking requirements are based on the term “Net leasable floor area” is not defined in the Bylaw defines “Net Floor Area” and uses it to calculate parking for other uses Litigation over the redevelopment of the Route 3 Cinema uncovered this omission Amendment seeks to revise retail parking requirement consistent with other uses based on “Net Floor Area”

Article 20 - Amend Zoning Map Citizen Petition l WITHDRAWN

Article 22 - Land Transfer Citizen Petition l I move that the Town vote to transfer to the Board of Selectmen for the purpose of conveyance and to authorize the Board of Selectmen to convey to the current taxpayer and deed holder of record, in accordance with Massachusetts General Laws, Chapter 20 B, for consideration of $1. 00, all rights, title and interest, if any, held by the Town in all

Article 22 - Land Transfer Citizen Petition l Certain parcels of land located and identified on Russell Road, as shown in Lots A, B, C, D and E on a plan entitled “Approval Not Required Under Subdivision Control Law” as surveyed by Richard L. Monahan- Registered Land Surveyor and recorded in the Middlesex North Registry of Deeds in Book 112, Page 9 and further described as:

Article 22 - Land Transfer Citizen Petition l l Lot A on a plan recorded in the Middlesex North Registry of Deeds in Book 112, Page 9; and further identified as Lot 1 on Assessor’s Map 12, Block 38 containing 2, 100 square feet, more or less; Lot B on a plan recorded in the Middlesex North Registry of Deeds in Book 1435, Page 72; and further identified as Lot 2 on Assessor’s Map 12, Block 38 containing

Article 22 - Land Transfer Citizen Petition l l 506 square feet, more or less; Lot C on a plan recorded in the Middlesex North Registry of Deeds in Book 112, Page 9; identified as 8, 109 square feet, inclusive of a strip of land on the southwesterly side of said Russell Road, directly across said Road from above described parcel and lying between said parcel and Freeman Lake

Article 22 - Land Transfer Citizen Petition l l Containing 375 square feet, more or less. Said lot is further identified as Lot 8 on Assessor’s Map 12, Block 29 containing 8, 109 square feet, more or less; Lot D on a plan recorded in the Middlesex North Registry of Deeds in Book 112, Page 9; and further identified as Lot 3 on Assessor’s Map 12, Block 38 containing 940 square feet, more or less;

Article 22 - Land Transfer Citizen Petition l Lot E on a plan recorded in the Middlesex North Registry of Deeds in Book 112, Page 9; and further identified as 5 on Assessor’s Map 12, Block 38 containing 1, 080 square feet, more or less.

Article 22

Article 23 - Create a Committee Citizen Petition l l Request to create a 5 person committee to study the “threat” to NCWD’s water supply posed by the Town’s DPW Yard located on Richardson Road No threat has been identified No testing has been conducted to indicate a threat DEP has inspected the site

Article 23 - Create a Committee Citizen Petition l I move that the Town vote to appoint a Committee of five persons, including at least three person who reside within the bounds of the North Chelmsford Water District, by no later than October 31, 2006, to study the threat to the water supply of the North Chelmsford Water District posed by the DPW operations at its yard located on Richardson

Article 23 - Create a Committee Citizen Petition l Road abutting the District’s well as described in a Report and Recommendations dated June 26, 2006, and prepared for the District by Peter Shanahan, Ph. D, P. E. , of Hydro. Analysis, Inc. , Acton, Massachusetts, and to report its findings and make recommendations to the Selectmen for further action by no later than November 30, 2006, if appropriate.