2020 Hanover Special and Annual Town Meeting

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Special Town Meeting Opening 00:00:06


STM ARTICLE 1. PAYMENT OF PRIOR YEAR EXPENDITURES 00:02:23

To see if the Town will vote to appropriate a sum of money or transfer from any available funds, or to transfer from other accounts, to pay such accounts as may be presented against the Town for which an appropriation does not exist, or take any other action relative thereto.


ARTICLE 2. UNUSED WATER MAIN APPROPRIATION RETURNE 00:03:12

To see if the Town will vote to rescind the balance of funds authorized but unexpended in Article 34 of the 2019 Annual Town Meeting, or a greater or lesser sum, and to transfer these funds to Water Retained Earnings, or take any other action relative thereto.


ARTICLE 3. RESCIND COMPLETED WATER PROJECTS 00:03:57

To see if the Town will vote to rescind projects completed under budget or no longer needed, and return the funds back to the Water Enterprise Undesignated Fund Balance, or take any other action relative thereto.


ARTICLE 4. RESCIND COMPLETED PROJECTS BORROWING A 00:04:37

To see if the Town will vote to rescind borrowing authorizations for projects completed under budget or no longer needed, or take any other action relative thereto.


ARTICLE 5. FISCAL YEAR 2020 BUDGET RECONCILIATION 00:05:23

To see if the Town will vote to transfer from available funds in the Treasury the sum of $25,000.00, or a greater or lesser sum, for the purpose of fully funding the Police Salaries account established by Article 7 of the 2019 Annual Town Meeting, or take any other action relative thereto.


ARTICLE 6. TRANSFER OF SURPLUS BOND PROCEEDS 00:06:21

To see if the Town will appropriate $1,302,435.00 to pay costs of the Center/Sylvester School Project, and to determine whether this amount shall be transferred from surplus bond proceeds, or otherwise provided; or take any other action relative thereto.


ARTICLE 7. FEDERAL REIMBURSEMENT FOR FOSTER CARE T 00:07:51

To see if the Town will vote to authorize the Superintendent of the Hanover Public Schools, with the approval of the Board of Selectmen, to enter into Memorandum(s) of Understanding (MOU) with the Massachusetts Department of Children and Families, the Executive Office of Health and Human Services, and the Department of Elementary and Secondary Education to obtain Federal Title IV-E reimbursement(s) for foster care transportation and to provide that payments for such foster care transportation under such MOU(s) may be made from such reimbursement(s) as a result of the foster care transportation being performed without appropriation of said reimbursement(s), pursuant to Massachusetts General Laws Chapter 44 Section 70, or take any other action relative thereto.


ARTICLE 8. WAIVE DOG LICENSE LATE FEES 00:08:20

To see if the Town will vote to temporarily waive the $10 dog license late fee that would have been charged beginning April 1, 2020. The fee has been temporarily waived by the Town Clerk due to the COVID-19 pandemic and the related difficulties residents have experienced on so many levels. Said late fee to be reinstated two weeks after the last day of the Commonwealth’s “Stay at Home” advisory, or take any other action relative thereto.


ARTICLE 9. APPROPRIATE FUNDS – LARGE FORMAT SCANNE 00:08:59

To see if the Town will vote to raise and appropriate, appropriate from available funds and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws the sum of $10,000 or another sum, to purchase and equip a large format scanner at the direction of the Town Manager, or take any other action relative thereto.


ARTICLE10.APPROPRIATE FUNDS–VIEWPERMIT 00:09:40

To see if the Town will vote to raise and appropriate, appropriate from available funds and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws the sum of $30,000 or another sum, to upgrade the town’s ViewPermit software at the direction of the Town Manager, or take any other action relative thereto.


Dissolve Special Town Meeting 00:10:18


Annual Town Meeting Opening 00:10:43


ARTICLE 1. ACCEPT REPORTS IN ANNUAL TONew Chapter 00:24:22

To see if the Town will vote to accept the reports of the Officers and Committees as printed in the Annual Town Report, or take any other action relative thereto.


ARTICLE 2. HEAR/ACCEPT REPORTS OF COMMITTEES & ST 00:27:24

To see if the Town will vote to hear reports of the Committees and State Officials and act thereon, or take any other action relative thereto.


Service Awards for outgoing Committee Members 00:34:14


ARTICLE 3. AUTHORIZE TREASURER TO ACCEPT TRUST FU 00:46:48

To see if the Town will vote to authorize its Treasurer to accept such trust funds as may be placed in his or her hands during the Fiscal Year ending June 30, 2019, or take any other action relative thereto.


ARTICLE 4. ASSUME LIABILITY TO ALLOW STATE DEP WOR 00:47:11

To see if the Town will vote to assume liability in the manner provided by Section 29 and 29A of Chapter 91 of the Massachusetts General Laws, as most recently amended, for all damages that may be incurred by work to be performed by the Department of Environmental Protection, or take any other action relative thereto.


ARTICLE 5. SET PAY FOR ELECTED OFFICIAL – TOWN MO 00:47:48

To see if the Town will vote to fix the pay of its elective officer as required by law as follows, or take any other action relative thereto. Moderator: $100 for Annual Town Meeting $100 for Special Town Meeting


ARTICLE 6. SET PAY FOR ELECTED OFFICIAL – TOWN CLE 00:48:17

To see if the Town will vote to fix the pay of its elective officer as required by law as follows, or take any other action relative thereto. Town Clerk: $73,880 annually


ARTICLE 7. COMMUNITY PRESERVATION HOME RULE ACT A 01:00:38

To see if the Town will authorize the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts to enact the following Home Rule Act, provided the General Court may make clerical and editorial changes of form to this Act that do not change the purpose thereof: “Section 1. Notwithstanding any general or special law to the contrary, for the period July 1, 2020 through June 30, 2022 the Community Preservation Act surcharge effective in the Town of Hanover in accordance with the provisions of Chapter 44B of the Massachusetts General Laws shall be revised from 3% to the greater amount of either 1.2% or the minimal amount determined by the Board of Selectmen necessary to cover all existing obligations, including though not limited to debt obligations and the amount appropriated for administrative expenses in Fiscal Year 2020. The surcharge rate shall return to 3% on July 1, 2022 unless the Town takes action in accordance with Chapter 44B of the Massachusetts General Laws to either further amend the surcharge amount or rescind its acceptance of said Chapter 44B. Section 2. If this Act is enacted after July 1, 2020 then the Town is authorized to refund any Community Preservation Act surcharge amount that is greater than the surcharge rate established in Section 1 of this Act and collected after July 1, 2020 and collected prior to the effective date of this Act. Section 3. This Act shall take effect upon its passage.” or take any other action related thereto.


ARTICLE 8. GENERAL FUND OPERATING BUDGET 01:18:38

To see if the Town will vote to appropriate $64,232,922 for a General Fund Operating Budget, to provide for a reserve fund, and to defray the expenses of the Town, and to meet said appropriation transfer the sum of $750,000 from Certified Free Cash, transfer the sum of $65,000 from the Cemetery Graves & Foundations account, transfer the sum of $10,000 from the Sale of Cemetery Lots account, transfer the sum of $22,029 from the Title V Receipts Reserved account, transfer the sum of $100,000 from the Other Post-Employment Benefits Trust Fund, transfer the sum of $1,200,000 from the Ambulance Receipts Reserved account, and raise $62,085,893 from the Fiscal Year 2021 Tax Levy and other sources, or take any other action relative thereto. https://www.hanover-ma.gov/sites/g/files/vyhlif666/f/uploads/051520_approved_annual_town_meeting_warrant.pdf


ARTICLE 9. WATER ENTERPRISE BUDGET 02:25:42

To see if the Town will vote to appropriate $3,853,743 from Water Enterprise receipts to defray Water Enterprise direct costs and that $463,395 as appropriated in the General Fund Operating Budget be used for Water indirect costs, all to fund the total cost of operations of the Water Enterprise as follows, or take any other action relative thereto


ARTICLE10. RESCINDCOMPLETEDCAPITALPROJECTS 02:27:07

To see if the Town will vote to rescind the following projects completed under budget or no longer needed, as stated below, and return the funds to the Undesignated Fund Balance or take any other action relative thereto.


ARTICLE 11. ADDITIONAL RESERVE FUND APPROPRIATION 02:27:55

To see if the Town will vote to appropriate an additional $299,938, or another sum, to the Reserve Fund established under Article 8, or take any other action relative thereto.


ARTICLE 12. PEG ACCESS & CABLE RELATED FUND 02:28:23

To see if the Town will vote to appropriate the sum of $475,000 to the PEG Access & Cable Related Fund for the purpose of monitoring compliance of the Town’s cable operator with the franchise agreement, preparing for renewal of the franchise license, and providing local cable access services and programming for the Town of Hanover in Fiscal Year 2021, or take any other action relative thereto.


ARTICLE 13. ACCEPT CHAPTER 90 ROAD GRANT MONIES 02:29:11

To see if the Town will vote to authorize the Board of Selectmen and the Town Manager to accept such sums of money as may be distributed by the Commonwealth of Massachusetts through the Chapter 90 highway grant program, so-called, funds to be expended by the Town Manager in accordance with the guidelines and requirements of the Massachusetts Highway Department, or take any other action relative thereto.


ARTICLE 14. SET LIMITS ON REVOLVING FUNDS 02:29:43

To see if the Town will vote to set limits on the Revolving Funds set forth in Section 6-31 of the Town of Hanover General By-Laws in accordance with Massachusetts General Laws Chapter 44, §53E1/2 as follows, or take any other action relative thereto:


ARTICLE15. AMEND GENERAL BY-LAWS – CREATE COUNCIL 02:30:36

ARTICLE15. AMEND GENERAL BY-LAWS – CREATE COUNCIL ON AGING DEPARTMENTAL REVOLVING FUND AND AMEND FLU CLINIC DEPARTMENTAL REVOLVING FUND To see if the Town will vote to amend the Town of Hanover General By-Laws by amending Section 6-31 to authorize revolving funds for use by certain Town departments, boards, committees, agencies or officers under Massachusetts General Laws Chapter 44, Section 53E 1/2, or take any other action relative thereto.


ARTICLE 16. MODIFY TRANSFER STATION FEE SCHEDULE 02:31:35

To see if the Town will vote to modify the Transfer Station fee schedule to the following; or take any other action relative thereto.


ARTICLE 17. MODIFY WATER FEE SCHEDULE 02:40:42

To see if the Town will vote to modify the Water fee schedule to the following; or take any other action relative thereto.


ARTICLE 18. AMEND ZONING BYLAW 6.710New Chapter 02:41:36

To see if the Town will vote to amend the Zoning Bylaw for the Town in the manner described below, or take any other action relative thereto: Amend the Hanover Zoning Bylaw, Section 6.710 (according to FEMA), by replacing the existing language with the following: 25023C0094J, 25923C0111J; 25023C0113J, 25023C0114J, 25023C0118J, 25023C0182J, 25023C0184J, 25023C0201J, 25023C0202J. 25023C0203J, 25023C0206J dated July 17, 2012. To be inserted as Section 6.710. 25023C0094K , 25923C0111K, 25023C0113K, 25023C0114K, 25023C0118JK, 25023C0182K, 25023C0184K, 25023C0201K, 25023C0202K, 25023C0203K, 25023C0206K Dated July 22, 2020


ARTICLE 19. AMEND ZONING BYLAW 6.11.00 MORATORIUM 02:43:42

To see if the Town will vote to amend, in part, the Town of Hanover Zoning Bylaws, Section 6.11.50 by adding the letter “M.” in the manner described below. The temporary moratorium will be lifted at the 2021 Annual Town Meeting, or take any other action relative thereto: M. Place a temporary suspension on all applications utilizing the Village Planned Unit Development for one year to be lifted at the 2021 Annual Town Meeting.


ARTICLE 20. AMEND GENERAL BYLAW 4-10 – COUNCIL ON 02:47:19

To see if the Town will vote to amend the General Bylaws, Section 4-10 Council on Aging, of the Town in the manner described below, or take any other action relative there to. Section 1. There is hereby established in the Town of Hanover, pursuant to General Laws, Chapter 40, Section 8B, a Council on Aging to consist of not more than seven (7) members. The members shall be appointed annually in the month of June by the Selectmen and shall serve from the first day of July until the Thirtieth day of June following, and for such further time as may be required until their successors are chosen. The council shall have all the powers and duties granted by law, and particularly the power to coordinate or carry out programs designed to meet the problems of the aging. Section 1. There is hereby established in the Town of Hanover, pursuant to General Laws, Chapter 40, Section 8B, a Council on Aging to consist of not more than seven (7) members. Members shall be appointed annually in the month of June by the Selectmen. Vacancies shall be filled by the Board of Selectmen, after providing the Council on Aging the opportunity to vet applicants, and shall serve from the first day of July until the thirtieth day of June following, and for such further time as may be required until their successors are chosen. The council shall have all the powers and duties granted by law, and particularly the power to coordinate or carry out programs designed to meet the problems of the aging. Section 2. The Council shall develop and oversee COA programs, activities, goals, and objectives and long- range planning for the COA facilities, programs, and activities. On an annual basis, the Council will provide a report of its actions in the Town Report. Section 3. The personnel practices of the COA shall come under the Personnel Bylaws of the Town. The COA Director shall be appointed by the Town Manager, who will consult with the COA prior to making an appointment, or as otherwise provided for in accordance with “An act establishing a Town Manager Form of Government”.


ARTICLE 21. APPROPRIATE FUNDS – WATER MAIN REPAIR 02:48:08

To see if the Town will vote to raise and appropriate, appropriate from available funds and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws the sum of $150,000, or another sum, to design and repair the water main on Pleasant Street at West Hanover Square at the direction of the Town Manager, or take any other action relative thereto


ARTICLE 22. APPROPRIATE FUNDS – POND STREET #1 WE 02:49:49

To see if the Town will vote to raise and appropriate, appropriate from available funds and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws the sum of $250,000, or another sum, to design a replacement of the Pond Street #1 well, said design to be done at the direction of the Town Manager, and provided that these funds may also be used for the construction of said well replacement, or take any other action relative thereto.


ARTICLE 23. APPROPRIATE FUNDS – SPECIAL EDUCATION 03:08:05

To see if the Town will vote to raise and appropriate, appropriate from available funds and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws the sum of $400,000 into the Special Education Reserve Fund established under Article 12 of the 2017 Annual Town Meeting, or take any other action relative thereto.


ARTICLE 24. AMEND LANGUAGE FOR MULTI-USE RECREATI 03:09:25

To see if the Town will vote to amend the action taken on Article 33 from the 2018 Annual Town Meeting which appropriated $110,000.00 from the Town’s Community Preservation Fund for a Multi-Use Recreational Facility to now provide that the $110,000.00 that was appropriated shall be “for the development of a multi-use recreational facility at B. Everett Hall field, to include two street/deck hockey rinks, with the requirement that while the appropriated funds may be used to construct the first rink, none of the funds from the Community Preservation Fund may be used for the second rink until sufficient fundraising has been completed so that when added to the balance of the appropriation the second rink will be completed”, or take any other action relative thereto.


ARTICLE 25. PETITION GENERAL COURT - ALL ALCOHOL B 03:11:09

To see if the Town will vote to petition the General Court to adopt the following special legislation relating to the Board of Selectmen receiving authority to issue an additional off- premises alcoholic beverage license; provided, however, that the Legislature may make clerical or editorial changes of form only to the bill; provide further, that substantive changes shall be subject to the approval of the Board of Selectmen, which Board is hereby authorized to approve amendments within the scope of the general public objectives of the petition. An Act Authorizing the Town of Hanover to Grant an Additional License for the Sale of Alcoholic Beverages not to be Drunk on the Premises to MB Spirits LLC a wholly owned subsidiary of Demoulas Super Markets, Inc. to be used in conjunction with a Demoulas Market Basket Grocery Store. SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the Town of Hanover may grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to said Demoulas Super Markets, Inc. or to MB Spirits, LLC a wholly owned subsidiary located within the Planned Shopping Center District, what is now known as the Hanover Mall and to become Hanover Crossing, located east of Route 53, north of Mill Street and west of Route 3 as defined by the town’s zoning map as it existed as of May 2014. A license granted pursuant to this act shall be clearly marked on its face “Planned Shopping Center District, Hanover Crossing” and shall be subject to all of said chapter 138 except said Section 17. (b) The licensing authority shall not approve the transfer of a license granted pursuant to this act to any other location outside of the Planned Shopping Center District, Hanover Crossing, but it may grant any such license to a new application as a successor for use within a grocery store only within the Planned Shopping Center District, Hanover Crossing if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the applicant is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license granted pursuant to this act is cancelled, revoked or no longer in use; the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant to be operated in conjunction with a full service grocery store located within the Planned Shopping Center District, Hanover Crossing under the same conditions specified in this act. (d) License authorized in this act shall be granted within one (1) year after the effective date of this act; provided, however, that if the license is originally granted within that time period, it may be granted to a new applicant pursuant to subsections (b) or ( c) of section 1 anytime thereafter. SECTION 2. This act shall take effect upon its passage.


ARTICLE 26. AMEND ZONING BYLAW SECTION 6.230 03:47:55

To see if the Town will vote to amend the Zoning By-Laws of the Town, by amending Section 6.230 Uses Permitted by Special Permit and with Site Plan Approval, Section (A)(5)(a) and Section (A)(6)(a) & (b) (in the manner described below, or, to see if the Town will vote to take any action relative thereto: to adopt, and add the following: Section 6.230 Uses Permitted by Special Permit and with Site Plan Approval. A. Gas stations, service stations, repair garages and automobile dealerships, provided that: 1. (no change). 2. (no change). 3. (no change). 4. (no change). 5. There shall be no other use on the lot excepting that a secondary use may be permitted by the Planning Board but only if its closely related to and/or clearly incidental to the primary use under this Section a. Gross Floor Space for incidental use shall (DELETE) (not exceed 250 square feet) INSERT be reasonable, customary, and subject to Planning Board Approval. 6. Additional retail use may be allowed provided that: (DELETE) AS REVISED: a. There shall be no repairs, or service of any vehicles on the site. b. There shall be no storage of motor vehicles, appliances, or equipment associated with vehicle repair allowed on the site. c. Secondary retail use shall be limited to convenience stores only and shall be limited to the sale of certain items as determined by the Planning Board. Section 6.230 Uses permitted by Special Permit and with Site Plan Approval. A. Gas stations, service stations, repair garages and automobile dealerships, provided that: 1. (no change). 2. (no change). 3. (no change). 4. (no change). 5. There shall be no other use on the lot excepting that a secondary use may be permitted by the Planning Board but only if it is closely related to and/or clearly incidental to the primary use under this Section. b. Gross Floor Space for incidental use only shall be reasonable, customary, and subject to Planning Board Approval. 6. Additional retail use may be allowed as secondary to a gas station only, provided that: a. Secondary retail use shall be limited to convenience stores only and shall be limited to the sale of certain items as determined by the Planning Board.


ARTICLE 27. INCREASE INCOME-BASED SENINew Chapter 03:54:42

To see if the Town will vote, pursuant to Massachusetts General Laws Chapter 59 Section 5 Clause 41C, to increase the exemption amount granted to eligible seniors from $1,000.00 to $1,500.00, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2020, or take any other action relative thereto.


ARTICLE 28. PROPERTY TAX EXEMPTION FOR GOLD STAR 03:55:37

To see if the Town will vote to accept Massachusetts General Laws Chapter 59 Section 5 Clause 22H, which authorizes a full exemption for surviving parents and/or guardians of soldiers and sailors, members of the National Guard and veterans who: (i) during active duty service, suffered an injury or illness documented by the United States Department of Veterans Affairs or a branch of the armed forces that was a proximate cause of their death; or (ii) are missing in action with a presumptive finding of death as a result of active duty service as members of the armed forces of the United States, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2020, or take any other action relative thereto.


ARTICLE 29. ELIMINATE LOCAL EDUCATIONAL FUND 04:01:36

To see if the Town will vote to rescind its adoption of the provisions of Massachusetts General Laws chapter 60 section 3C, creating a local educational fund, or take any other action relative thereto.


ARTICLE 30. ESTABLISH MUNICIPAL VETERANS ASSISTANC 04:02:27

To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 60 Section 3F, enabling the Town to establish a municipal veterans assistance fund through a voluntary check-off on property tax bills, to be used to provide support for veterans and their dependents in need of immediate assistance with food, transportation, heat and oil expenses, or take any other action relative thereto.


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