Town of Swampscott
TOWN WARRANT
SS.

To either of the Constables of the Town of Swampscott

                GREETING:

        In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in elections and Town affairs to vote at:

                Precinct One            Clarke School                   Norfolk Avenue

                Precinct Two            Clarke School                   Norfolk Avenue

                Precinct Three  First Church in Swampscott,     Monument Avenue
                                        Congregational          

                Precinct Four           First Church in Swampscott,     Monument Avenue
                                        Congregational

                Precinct Five           Swampscott High School  Forest Avenue

                Precinct Six            Swampscott High School  Forest Avenue

on Tuesday, the thirtieth day of April, 2002, from 7:00 a.m. to 8:00 p.m. for the following purpose:

To choose a Moderator for one (1) year
To choose two (2) members of the Board of Selectmen for three (3) years
To choose one (1) member for the Board of Assessors for three (3) years
To choose two (2) members of the School Committee for three (3) years
To choose one (1) member of the Board of Health for three (3) years
To choose one (1) member of the Board of Health for two (2) years
To choose one (1) member of the Planning Board for five (5) years
To choose one (1) member for the Trustees of the Public Library for three (3) years
To choose one (1) member of the Board of Public Works for three (3) years
To choose one (1) member of the Board of Public Works for one (1) year

To choose eighteen (18) Town Meeting Members in each of the six (6) Precincts for three (3) years
To choose eighteen (18) Town Meeting Members in each of the six (6) Precincts for two (2) years
To choose eighteen (18) Town Meeting Members in each of the six (6) Precincts for one (1) year

        At the close of the election, the meeting will adjourn to Monday, the six day of May, 2002, at 7:15 p.m. at Swampscott Middle School on Greenwood Avenue, Swampscott.

        See the report of the Election Commissioners for the results of the 2002 Municipal Elections held April 30, 2002.

2002 ANNUAL AND SPECIAL TOWN MEETINGS

Returns of Service:

        Pursuant to the within warrants to me directed, I have notified the inhabitants of the Town of Swampscott, qualified to vote in elections and in town affairs, by posting attested copies thereof at the Town Administration Building, at the Post Office and at least two public and conspicuous places in each precinct in the town and at or in the immediate vicinity of the Swampscott Railroad Station. Said postings were done on April 23, 2002 and not less than seven days (14 days for the two Special Town Meetings) before the date appointed for said meetings.

Attest: Paul Minsky
Constable of Swampscott


Mailing of Warrants:

The Warrants for the Annual and Special Town Meetings were mailed to those residents who were running for a Town Meeting seat (listed on the ballot) on 4/16/2002. Warrants were also mailed to the successful write-in Town Meeting candidates on 4/26/2002. Copies of the Warrant were available, free of charge, for any interested person at the Town Administration Building.


NOTICE OF ANNUAL TOWN MEETING

        The Annual Town Meeting of 2002 will convene on Tuesday, April 30, 2002, with Article 1 (the Town Election) at 7:00 a.m. in the Town’s regular polling places.  At 8:00 p.m., the Town Meeting will be adjourned until Monday, May 6, 2002, 7:15 p.m., in the auditorium of the Swampscott Middle School on Greenwood Avenue.

NOTICE OF ADJOURNED ANNUAL TOWN MEETING
MONDAY, MAY 6, 2002, 7:15 P.M.

To the Town Meeting members:

        Notice is hereby given in accordance with Article I, Section 2, of the Bylaws of the Town of Swampscott that the Adjourned Annual Town Meeting will be held on Monday, May 6, 2002, beginning at 7:15 p.m. in the auditorium of the Swampscott Middle School on Greenwood Avenue.
        The required identification badge is to be picked up at the auditorium entrance when you check in.

                                                                                                                                                               MEETING CERTIFICATIONS

        I hereby certify that in accordance with the adjournment of the Annual Town Meeting of April 30, 3003, the Adjourned Town Meeting of May 6, 2002 was held at the Swampscott Middle School auditorium on Greenwood Avenue and was called to order at 7:21 pm with the necessary quorum being present (265). At 9:58 pm it was voted to adjourn to May 7, 2002.

        I hereby certify that in accordance with the adjournment of May 6, 2002, the Adjourned Town Meeting of May 7, 2002 was held at the Swampscott Middle School auditorium on Greenwood Avenue and was called to order at 7:23 pm with the necessary quorum being present (264). At 7:24 pm it was voted to adjourn the Annual Town Meeting to open Special Town Meeting #1. At 7:27 pm it was voted to dissolve Special Town Meeting #1. At 7:27 pm it was voted to reconvene the Annual Town Meeting. At 8:04 pm it was voted to adjourn the Annual Town Meeting to open Special Town Meeting #2. At 8:32 pm it was voted to dissolve Special Town Meeting #2. At 8:32 pm it was voted to reconvene the Annual Town Meeting. At 10:15 pm it was voted to dissolve the 2002 Annual Town Meeting.

ATTENDANCE

For the 2002 Town Meting attendance, by precinct, see the list at the end of this report.

TOWN MEETING ACTION

The Return of Service was read by Town Clerk Jack L. Paster who then administered the Oath of Office to the Town Meeting members.

Reverend Dean Pederson, spiritual leader of the First Church in Swampscott, Congregational, offered the invocation.

        Moderator Martin C. Goldman presented a Distinguished Citizen Award to Hugh “James” Shultz, the town’s Veterans Agent. Shultz received a standing ovation from the members.

ACTION UNDER THE ARTICLES


ARTICLE 2.~~~~~~~~~~~~~~ ~~~ To hear and act on the reports of Town Officials, Boards and Committees.
~~~~~~~~~~~ Sponsored by the Board of Selectmen


Voted Article 2.  On motion by Gerard Perry, that the Town Government Study Committee be disbanded.

That the report of the Town Administrator Selection Committee offered by Janet Baker be accepted.

That the report of the town’s 150th Anniversary Committee offered by Martin Goldman be accepted.


Unanimous Vote.
5/6/2002



~ARTICLE 3.~~~~~~~~~~~~~~ ~~~ To see what action the Town will take in relation to the salaries of elected Town Officials for the ensuing year.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 3. That the Town fix the salary and the compensation of the elected officers of the town as provided by Chapter 41 Section 108, General Laws as amended, for the twelve month period beginning July 1, 2002.

                        Constable $100


Unanimous Vote.
5/6/2002


ARTICLE 4.~~~~~~~~~~~~~~ ~~~ To see if the Town will vote to transfer unexpended balances as shown on the books of the Town Accountant as of June 30, 2001, to the Surplus Revenue Accounts, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 4: That action on this article be postponed indefinitely.


Unanimous Vote.
5/6/2002
        ~


~ ARTICLE 5.~~~~~~~~~~~~~~ ~~~ To see if the Town will vote to appropriate a sum of money, by borrowing or otherwise, to the account of unpaid bills for the purpose of settling all bills contracted prior to July 1, 2001, and remaining unpaid at the time of the closing of the Town’s books for the year ending June 30, 2001, according to the records of the Town Accountant, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 5.  That action on this article be postponed indefinitely.


Unanimous Vote.
5/6/2002

~

ARTICLE 6.~~~~~~~~~~~~~~ ~~~ To see if the Town will vote to transfer from the Surplus Revenue Account of the Town to the account of Current Revenue a sum of money to be used and applied by the Board of Assessors in the reduction of the tax levy, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen


Voted Article 6. That the sum of $1,300,000 be transferred from the Surplus Revenue Account to the Current Revenue Account as specified in the Article.

Majority Vote.
5/7/2002


ARTICLE 7.~~~~~~~~~~~~~~ ~~~ To see if the Town will vote to transfer funds from various Town accounts which have monies remaining therein to such other Town accounts which reflect a deficit, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen


Voted Article 7. That the sum of $100,000 be transferred from the FY 2002 Maturing Debt, Non-Sewer Debt Service account to the Unclassified Section Reserve Fund to capture unexpended funds.


Majority Vote.
5/6/2002



ARTICLE 8.~~~~~~~~~~~~~~~ To see if the Town will vote to appropriate the necessary funds, by borrowing or otherwise, for the following projects, or take any action relative thereto.
~               
Police Department                               
03-01   Addition to Police Facility - Sally Port                        $116,000        
                                        
Fire Department                         
03-02   New Ladder Truck                        $750,000        
                                        
Department of Public Works                              
03-03   Street Paving                   $210,000        
                                        
03-05   Andrews Chapel Repair in Cemetery                       $50,000         
03-06   Ingraham Terrace Retaining Wall                 $30,000         
03-07   Nichols Street Sewer Extension                  $100,000        
03-08   Demolish Buildings at 531 Humphrey Street                       $50,000         
03-09   Fish House Repair                       $100,000        
                                        
School Department                               
03-11   Windows at Clark & Stanley 1st Phase and Remaining Doors                        $150,000        
03-12   Elec., Plum., and Heating service repairs                       $100,000        
03-13   Install Univents at Machon, Stanley & Hadley                    $175,000        
03-14   Ventilation Upgrade at High School                      $100,000        
03-15   Extraordinary Textbook Replacement Program                      $80,000         
03-16   Instructional Technology                        $100,000        
                                        
Board of Selectmen                              
03-17   Town Hall Life Safety and Security System Upgrade                       $35,000         
03-18   Town Hall Architectural & Engineering Design Fees                       $30,000         
03-19   Traffic Light at Essex Street                   $150,000        
                                        
Recreation Department                           
03-20   Replace existing backstops or fencing                   $25,000         
03-21   Renovations to Field House                      $150,000        
                                        
Emergency Management Agency                             
03-22   Emergency Management Communication and other Misc. Equipment                    $40,000         
                                        
                                                                                          TOTAL                 $2,541,000      

 Note: $1,120,266 of total will be supported by other sources. See Table 2 for Detail of sources.
~
Each numbered item will be considered a separate appropriation. The budgeted amount may be spent only for the stated purpose.
~ ~~~~~~~~~~ Sponsored by the Capital Improvement Committee

Voted Article 8. That the Town appropriate the sum of $2,541,000 for the purposes specified in the Article; further, that the Town Treasurer, with the approval of the Board of Selectmen, be authorized to borrow this amount through the issuance of bonds or notes under the appropriate sections of the Massachusetts General Laws, and that the Treasurer be authorized to combine this borrowing with any other borrowing authorized by this Town Meeting.

Unanimous Vote.
5/6/2002


ARTICLE 9.~~~~~~~~~~~~~~~ To see if the Town will vote appropriate the necessary funds, by borrowing or otherwise, for the following projects, or take any action relative thereto.

~ No.~~~~~~  ~~~~~ ~~~~~~~ Purpose~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Requested~~~~~  Recommended
 
Police Department                       
03-22   Crisis Intervention and Protection Equipment    $50,000         0       
03-23   Chemical/Biological Protection  $5,000  0       
                                
Fire Department                 
03-24   Chemical/Biological Equipment and Supplies      $7,000  0       
03-25   Decontamination Capabilities    $18,000         0       
03-26   Upgrading and Enhancing EMS Supplies    $2,000  0       
                                
Department of Public Works                      
                                
03-27   Sidewalk Plow   $85,000         0       
03-28   Water Tower Security - Rebuild Fence    $18,000         0       
                                
School Department                       
03-29   Space Adjustments at High School        $50,000         0       
03-30   Portable Classrooms at Stanley  $300,000        0       
03-31   Furniture       $100,000        0       
03-32   New Boilers at Middle School    $400,000        0       
03-33   Suspended Ceilings      $100,000        0       
03-34   Exterior/Interior Finish Repairs        $100,000        0       
03-35   Waterproof and repoint Brick Phase (3) Middle School    $175,000        0       
03-36   Roof & Gutter Replacement or Repair, all schools        $250,000        0       
03-37   Science Lab Conversion at High School   $100,000        0       
03-38   Bituminous Repairs to School Parking Lots (to be done by Public Works)  $100,000        0       
                                
Library                 
03-39  Skylight Repair $50,000         0       
                                
Selectmen                       
03-40   Upgrade of HVAC System AT Town Hall     $100,000        0       
03-41   Renovations to Town Hall        $850,000        0       
                                
Council on aging                        
03-42   Renovate Kitchen        $30,000         0       
                                
Public Health Department                        
03-43   Portable/Mobile Refrigeration   $5,000  0       
03-44   Chemical/Biological Protection  $2,000  0       
03-45   EMS Triage, Treatment and Staging Area  $150,000        0       
                                
Accounting/Finance                      
03-46   Back-Up Unix Server     $5,000  0       
                                
Town Hall/Local Government                      
03-47   Scanning Equipment for Engineering, Assessors and Building Departments  $10,000         0       
03-48   GIS Software for Town-wide departmental Access  $9,000  0       
                                
                $3,071,000      0       


Each numbered item will be considered a separate appropriation. The budgeted amount may be spent only for the stated purpose.

Voted Article 9. That action on this article be postponed indefinitely.

Unanimous Vote~
5/6/2002


ARTICLE 10.~~~~~~~~~~~~~~~ To see if the Town will vote to authorize the continuation of the Council on Aging Revolving Account as authorized by Chapter 44, Section 53E1/2, of the Massachusetts General Laws, said account to be under the direction of the Council on Aging and used for the deposit of receipts collected through public donations; and further to allow the Council on Aging to expend funds not to exceed $5,000 for fiscal year 2003 from said account for ongoing supplies and equipment.~ This would be contingent upon an annual report from the Council on Aging to the Town on the total receipts and expenditures of the Account each fiscal year, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 10. That the Town approve this article.

Majority Vote.
5/6/2002


ARTICLE 11.~~~~~~~~~~~~~~~ To see if the Town will vote to amend the Job Classification and Salary Plan of the Personnel Board Bylaws, as it applies to those positions not covered by collective bargaining agreements, and appropriate the necessary funds, by borrowing or otherwise, as recommended by the Personnel Board, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Personnel Board

Voted Article 11. That the town approve this article and that the sum of $30,848 be appropriated therefore.

Majority Vote.
5/7/2002

~

ARTICLE 12.~~~~~~~~~~~~~~~ To see if the Town will vote to amend the Personnel Board Bylaws, other than wage and salary classification, as recommended by the Personnel Board, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Personnel Board

Voted Article 12.  That the town approve this article; that new positions created on or after this date will not be eligible for a step increase or cost of living increase until July 2003.

Majority Vote.
5/7/2002



ARTICLE 13.~~~~~~~~~~~~~~~ To see if the Town will vote to amend the Personnel Board Bylaws so as to reclassify certain existing positions, as recommended by the Personnel Board, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Personnel Board

Voted Article 13. That the town approve this article to reclassify three positions including the Director of the Council on Aging, the Building Inspector and the Health Agent.

Majority Vote.
5/7/2002



ARTICLE 14.~~~~~~~~~~~~~~~ To see if the Town will vote to appropriate the funds necessary, by borrowing or otherwise, to implement the collective bargaining agreements between the Board of Selectmen and the various unions under the Board of Selectmen, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 14. That action on this article be postponed indefinitely.

Unanimous Vote.
5/6/2002
~
~

ARTICLE 15.~~~~~~~~~~~~~~~ To see if the Town will vote to appropriate the funds necessary, by borrowing or otherwise, to implement the collective bargaining agreements between the School Department personnel and the Town, which includes, but is not limited to, teachers, school administrators, custodians, cafeteria workers, clerical and non union employees, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the School Committee

Voted Article 15. That action on this article be postponed indefinitely.

Unanimous Vote.
5/6/2002



ARTICLE 16.~~~~~~~~~~~~~~~ To act on the report of the Finance Committee on the Fiscal Year 2003 budget and to raise and appropriate or transfer from available funds money for the operation of the Town’s Departments and the payment of debt service and all other necessary and proper expenses for the year, or take any action relative thereto.

Voted Article 16. That the town approve this article and that the following amounts of money be appropriated for the several purposes hereinafter itemized. Each numbered line item may be spent only for the stated purpose.


Majority Vote.
5/6/2002



ARTICLE 17. ~~~~~~~~~~~~~~  To see if the Town will vote to appropriate the amount of $78,359.19 from available funds from the Massachusetts Highway Department under the provisions of Chapter 53(B) of the Acts of 1999 and Chapter 150 of the Acts of 2000 of the Massachusetts General Laws.~ Said funds to be used by the Department of Public Works for highway projects approved by the Massachusetts Highway Department pursuant to this section, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 17. That the town approve this article.

Majority Vote.
5/7/2002



ARTICLE 18.~~~~~~~~~~~~~~~ To see if the Town will vote to appropriate a sum of $275,000 for the purpose of financing the planning of water pollution abatement facilities with a comprehensive storm water management plan, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the Massachusetts General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to transfer $275,000 from available funds, transfer $275,000 from the Wastewater Enterprise Fund, or borrow $275,000 and issue bonds or notes therefore under Chapter 44 of the General Laws and /or Chapter 29C of the General Laws; that such bonds or notes shall be general obligations of the Town of Swampscott unless the Treasurer, with the approval of the Board of Selectmen determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer, with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/ or security agreement with the Trust and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the planning and financing thereof; that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection to expend all funds available for the project; or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Public Works

Voted Article 18. That the Town approve this article.

Unanimous Vote.
5/7/2002

~       

ARTICLE 19.~~~~~~~~~~~~~~~ To see if the Town will vote to appropriate $560,266 to improve the Town’s water system and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen is authorized to borrow $560,266 under MGL c. 44; and the Board of Selectmen and/or the Board of Public Works be authorized to contract for and expend any federal, state or MWRA aid available for the project, and to authorize the Board of Selectmen and/or the Board of Public Works to submit, on behalf of the Town, any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts or the United States under any state and/or federal programs to receive and accept such grants or reimbursement for this purpose, and/or any others in any wan connected with the scope of this Article, provided that the amount of the authorized borrowing shall be reduced by the amount of such aid received prior to the issuance of bonds or notes under this vote and that the Board of Selectmen and/or the Board of Public Works be authorized to take any other action necessary to carry out this project., or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Public Works

Voted Article 19. That the Town approve this Article.

Unanimous Vote.
5/7/2002



ARTICLE 20.~~~~~~~~~~~~~~~ To see if the Town will vote to authorize the Board of Selectmen and the Board of Public Works to enter into a contract not to exceed ten years with wireless telecommunication tower companies to lease antenna space on the Water Tank and Humphrey Street Pumping Station, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Public Works

Voted Article 20. That action on this article be postponed indefinitely.

Unanimous Vote.
5/7/2002



ARTICLE 21.~~~~~~~~~~~~~~~ To see if the Town will vote to authorize the Board of Selectmen and Board of Public Works to enter into a lease not to exceed ten-years with a tenant for the land and building owned by the Town at 26 New Ocean Street, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Public Works

Voted Article 21. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002


ARTICLE 22.~~~~~~~~~~~~~~~ To see if the Town will vote to authorize the Board of Selectmen to enter into a contract not to exceed four years with an electric supply company for the purpose of procuring an electric supply to service certain municipal accounts, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 22. That the Town approve this article.

Majority Vote.
5/7/2002



ARTICLE 23.~~~~~~~~~~~~~~~ To see if the Town will vote to authorize the establishment of a Highway Safety Revolving Account as authorized by Chapter 44, §53E½ of the Massachusetts General Laws, said account to be under the direction of the Chief of Police and used for the deposit of receipts collected through fines assessed against personal motor vehicles as well as commercial motor vehicles by the Traffic Safety Enforcement Unit; and further allow the Chief of Police to expend fees not to exceed $20,000 for each fiscal year from said account for the purpose of maintenance of equipment related to highway safety, contingent upon an annual report from the Chief of Police to the town on the total receipts and expenditures of the account each fiscal year, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Chief of Police

Voted Article 23. That action on this article be postponed indefinitely.

Unanimous Vote.
5/7/2002

~       

ARTICLE 24.~~~~~~~~~~~~~~~ To see if the Town will vote to raise and appropriate, transfer from available funds or borrow the amount of  $20,000 for the purpose of complying with GASB 34 requirements for fixed assets, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Town Accountant

Voted Article 24. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002



ARTICLE 25.~~~~~~~~~~~~~~~ To see if the Town will vote to accept the provision of Chapter 44, §53F½ of the Massachusetts General Laws, for the purpose of establishing a Sewer Enterprise Fund effective July 1, 2002, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Town Accountant

Voted Article 25. That the Town approve this Article.

Majority Vote.
5/7/2002



ARTICLE 26.             To see if the Town will vote to raise and appropriate a sum of money for the ensuing year’s expenses of the Sewer Department, said sum to be offset by revenues of the Sewer Department during fiscal year 2003, or take any action relative thereto.
        Sponsored by the Town Accountant

Voted Article 26. That the Town to approve this Article.

Majority Vote.
5/7/2002



ARTICLE 27.~~~~~~~~~~~~~~~ To see if the Town will vote to accept the provisions of Chapter 44, §53F½ of the Massachusetts General Laws, for the purpose of establishing a Water Enterprise Fund effective July 1, 2002, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Town Accountant

Voted Article 27. That the Town vote to approve this Article.

Majority Vote.
5/7/2002



ARTICLE 28.             To see if the Town will vote to raise and appropriate a sum of money for the ensuing year’s expenses of the Water Department, said sum to be offset by revenues of the Water Department during fiscal year 2003, or take any action relative thereto.
        Sponsored by the Town Accountant

Voted Article 28. That the Town approve this Article.

Majority Vote.
5/7/2002



ARTICLE 29.~~~~~~~~~~~~~~~ To see if the Town will vote to amend Section 1 of Article II (pertaining to Town Meeting) of the Bylaws of the Town of Swampscott by deleting the third sentence which provided that the deliberative portion of the Annual Town Meeting be held the first Monday next after the election of officers and substituting the following:

“After the counting and declaration of votes for officers at an Annual Town Meeting, said meeting shall be adjourned to the third Monday of May at 7:15 p.m. at such place as may be designated by the Selectmen, and at which time and at any adjournment thereof, the remaining articles of the warrant shall be taken up.”
or take any action relative thereto.
~~~~~~~~~       Sponsored by the Board of Selectmen

Voted Article 29. That the Town amend the General By-Laws of the Town of Swampscott as specified in the Article.

Majority Vote.
5/7/2002


ARTICLE 30.             To see if the Town will vote to accept, upon its passage into law by the Legislature and having been signed by the Governor, the Early Retirement Incentive Program as provided for under Chapter 32 of the Massachusetts General Laws, or take any action relative thereto.
        Sponsored by the Board of Selectmen

Voted Article 30. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002



ARTICLE 31.             To amend the Bylaws of the Town of Swampscott by adding Section 8 to Article III (Town Finances) as follows:
Section 8.      The Board of selectmen and the School Committee shall promptly notify the Finance Committee of negotiations that may take place during the Collective Bargaining process that could have future financial implications to the Town.  Any communications from the Selectmen or the School Committee to the Finance Committees shall solely be by way of advice and shall not derogate from their statutory obligations to negotiate in good faith with the Town employees.

The Personnel Board shall promptly notify the Finance Committee of any proposed changes that it is entertaining that could have future financial implications to the Town.
or take any action relative thereto.
        Sponsored by Board of Selectmen

Voted Article 31. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002

        

ARTICLE 32.             To see if the Town will vote to accept the provisions of Chapter 40, Section 8G of the Massachusetts General Laws, authorizing agreements with other cities and towns to provide mutual aid programs for police departments, or take any action relative thereto.
        Sponsored by the Chief of Police

Voted Article 32. That the Town accept the provisions of Massachusetts General Laws Chapter 40 Section 8G.

Majority Vote.
5/7/2002
        
        

ARTICLE 33.~~~~~~~~~~~~~~~ To see if the Town will vote to accept the provisions of Section 3Y of MGL Chapter 143 of the Acts added by the State in 1980 which provides:

~~~~~~~~~~~~~~~ ~~~~~“Inspector of Buildings, Building Commissioner or Local Inspector Appointment
In any city or town which accepts the provisions of this section, inspector of buildings, building commissioner, or local inspector so employed and designated under this section shall be appointed for a minimum term of three years and such three year term or more shall not be diminished by an unexpired term of a predecessor, and he shall not be removed from office during his term except for just cause and after a hearing has been held on charges by and before the appointing authority.”

or take any action relative thereto.
~~~~~~~~~~~ Sponsored by the Inspector of Buildings

Voted Article 33. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002


ARTICLE 34.             To see if the Town will vote to amend the Zoning Bylaws as follows:

DEFINITIONS:            GROSS FLOOR AREA:
                        For clarification in calculations add:  “excluding basement and cellars”

                        LOT, FRONTAGE OF:
To simplify and correct a drafting and editing error replace the existing definition with the following:
A lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and physical vehicular access to the lot, said line to be measured continuously along a single street or along two (2) intersecting streets.  
See Figure 2 in Appendix B.

SECTION 2.3.3.0.
Add a new Section, 2.3.3.4 to add clarity to Town policies regarding fences as follows:
2.3.3.4 Fences not more than six feet in height are permitted accessory structures in all districts.  Fences greater in height than six fee may be erected on a lot in any district pursuant to a special permit issued by the Zoning Board of Appeals in accordance with Section 5.3.0.0.
or take any action relative thereto.
        Sponsored by the Zoning Bylaw Review Committee

Voted Article 34. That the subject matter of this Article be referred to the Planning Board for further study.

Majority Vote.
5/7/2002



ARTICLE 35.~~~~~~~~~~~~~~~ To see if the Town will vote to eliminate the School Department’s funding for cat dissections, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by Alice Jane Winston, et al.

Voted Article 35. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002



ARTICLE 36.~~~~~~~~~~~~~~~ To see if the Town will vote to authorize the Selectmen to establish a committee to plan for the creation of a Recreational Trail along the abandoned railroad track, now owned and used by National Grid as a power transmission corridor, between Paradise Road and the Marblehead border where it will connect with the Recreational Trail in Marblehead. It is further the intent of this Article to indicate the sense of the Town that such a trail be built, and that the costs of building the trail should be absorbed privately, or at no net cost to the town over a suitable period, or take any action relative thereto.
~~~~~~~~~~~ Sponsored by Richard Frenkel, et al

Voted Article 36. That the Town authorize the Selectmen to establish a committee to study the proposal to create a recreational trail along the abandoned railroad corridor now owned by National Grid.

Majority Vote.
5/7/2002


ARTICLE 37.~~~~~~~~~~~~~~~ To see if the Town will vote to permit dogs on public beaches for the purposes of exercise and play before 9:00 a.m. and after 6:00 p.m. from May 21 to September 30.~ In accordance with town ordinances, dogs are to be under direct control and supervision of owners/ keepers at all times and the pooper-scooper bylaw will apply, or take any action relative thereto.
        Sponsored by Scott E. Coughlin, et al

Voted Article 37. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002

~~~~~~~~~~~
ARTICLE 38.~~~~~~~~~~~~~~~ To see if the Town will vote to appropriate and raise, by borrowing or otherwise, under any general or special law which authorizes the Town to raise money, by borrowing or otherwise, such sums of money as may be necessary for any and all of the purposes mentioned in the foregoing articles.
~~~~~~~~~~~ Sponsored by the Board of Selectmen

Voted Article 38. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002

ACTION UNDER SPECIAL TOWN MEETING #1

Article 1. To see if the Town will vote to appropriate the funds necessary, by borrowing or otherwise, to implement the collective bargaining agreements between the Board of Selectmen and the various unions under the Board of Selectmen, or take any action relative thereto.
        Sponsored by the Board of Selectmen

Voted Article 1. That the Town approve this Article and that the sum of $176,189
be appropriated therefore.

Majority Vote.
5/7/2002


ACTION UNDER SPECIAL TOWN MEETING

ARTICLE 1.               To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or otherwise and to accept the grant to the Inhabitants of the Town of a permanent park and recreation easement in, under, through, across, upon, and along a portion of the property located at 207 Forest Ave, now or formerly owned by Tedesco Country Club,(the Tedesco easement)  being a portion of the property shown as Lots 35, 31, and 25, and as set forth in the easement plan, on Plate 17 of the Swampscott Assessor’s Map,  upon such terms and conditions as the board shall determine appropriate, for the purposes of a park and for recreation, and to raise and appropriate, transfer from available funds or borrow a sum of money for such purposes, or take any other action relative thereto.
        Sponsored by the School Committee  

Voted Article 1. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002


ARTICLE 2.      To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or otherwise and to accept the grant to the Inhabitants of the Town of a permanent park and recreation easement in, under, through, across, upon, and along a portion of the property located along the Carson Ter. right of way, now or formerly owned by Bardon Trimount, Inc., Aggregate Industries, Inc. (the Aggregate easement) being a portion of the property shown as Lot 99, and as set forth in the easement plan, on Plate 12 on the Swampscott Assessor’s Map upon such terms and conditions as the board shall determine appropriate, for the purposes of a park and recreation and to raise and appropriate, transfer from available funds or borrow a sum of money for such purposes, or take any other action relative thereto.  
        Sponsored by the School Committee

Voted Article 2. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002


ARTICLE 3.               To see if the Town will appropriate the sum of $5,000,000 by borrowing or otherwise, to be expended by the Swampscott School Committee, for the purpose of design of a new Swampscott High School as set forth in the Master Plan developed by Symmes Mani & Mckee Associates, and the design and development of  parks and recreation facilities on and adjacent to the park and recreation easements known as the Tedesco easement and the Aggregate Easement, provided however, that no amounts shall be borrowed or expended hereunder unless and until the Town votes at an election to exempt from the provisions of Proposition 2 1/2 , so-called, the amounts required to pay for the bonds or notes issued therefore, or take any other action relative thereto.  
        Sponsored by the School Committee

Voted Article 3. That action on this article be postponed indefinitely.

Majority Vote.
5/7/2002