HomeMy WebLinkAbout2016-03-21 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES 21, 2016
CALL TO ORDER:
ChairmanTracy Watson called the meeting to order at 6:00 PM at Town Hall Meeting
Room.
ATTENDANCE:
The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing
Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor,
and Assistant Town Manager Ray Santilli.
EXECUTIVE SESSION:
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen enter into executive session for reason #2 under M.G.L. Chapter 30A, §21(a)-to conduct
strategy session in preparation for contract negotiations with non-union personnel.
Chair Watson declared that the board will reconvene in open session at the conclusion of executive
session.
Roll call vote-DeCologero: yes, Smedile: yes, Vaillancourt: yes, Watson: yes, Stewart: yes. Vote
approved 5-0.
The Board returned to open session at 7:00 p.m. The meeting was recorded. Approximately 20 members
of the public were present.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to approve the Open
Session Minutes of March 7, 2016 and March 8, 2016 as written. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Vote to sign the Fire Chief contract
Richard Vaillancourt made a MOTION seconded by Donald Stewart that the Board of Selectmen
sign the contract between the town and Fire Chief William McCarthy.
Swearing in-Fire Chief William McCarthy
Town Clerk, Joyce Bradshaw, administered the oath to the new Fire Chief, William McCarthy.
Job posting/vacancy log
Included in the packet was the Job Posting/Vacancy Log provided by Human Resources.
One Author, One Community Sponsorship
The library and the school department are partnering to plan a One Author, One Community series in the
fall of 2016 with the goal of fostering a sense of community through the promotion of literacy and
intergenerational discussions. They are trying to raise $15,000 to fund major events in the series and are
looking for sponsors.
Spring Clean Up Events-DPW
Included in the packet was a memorandum from DPW Director, Bruce Thibodeau, outlining the Spring
2016 Clean up events.
FY17 Community Preservation Committee recommendations
John Simons, Chair of the Community Preservation Committee, presented
recommendations for Community Preservation Act funding. Mr. Simons explained that each year the
Community Preservation Fund brings in approximately $2 million between the surcharge on property
taxes and the reimbursement from the state. The approximate balance in the fund is $5.5 million. Mr.
Simons provided the Board with a list of the recommended projects and summarized each one.
Citizens Petitions
Board of Selectmen Minutes March 21, 2016 2
Chairman Watson announced that a 3 rd citizen petition was received today. Mr. Maylor explained that the
Board has the authority to open the warrant for the purpose of adding the article if they so choose since
the Town Charter indicates no more than 40 days for warrant to be completed and we are not in the time
frame yet. Because it is a zoning change article; however, it would still be required to go through the
public hearing process.
Article 27- Authorize and Appropriate Consumer Testing Services for the benefit of the people of the
Town of North Andover-Joseph Toolan
John Toolan presented information regarding his citizen petition to Authorize and Appropriate $10 million
for Consumer Testing Services.
Article 28- To see if the Town will vote to eliminate its local option meals tax-Stan Novak
Stan Novak presented information regarding his citizen petition to eliminate the local option meals tax.
CONSENT ITEMS:
Vote on committee to select in house counsel
Town Manager, Andrew Maylor, explained that the budget for the upcoming fiscal year, assumes the
hiring of in-house town counsel. The concept is that the Town can get more legal services while
spending the same amount of money. With in-house counsel, the town would be spending approximately
$60.00/hour vs. $180/hour. The position would be shared with the School Department. Chairman Watson
and Brian Gross, chairman for the School Committee, propose the selection committee include the chairs
of both committees, one additional member of each committee, Andrew Maylor, Jennifer Price and Cathy
Darby. The School Committee will be voting on their representative at their meeting on Thursday.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen
select Tracy Watson and Phil DeCologero
committee to hire in-house counsel. Vote approved 5-0. Ms. Smedile reserved her right to review
the math.
Appointments
The appointment subcommittee is recommending the following appointments:
Raymond DeRise to Cable TV Advisory Committee
Michael J. Xenakis to Emergency Management Agency
Terrance Holland to Youth and Recreation Council
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
appoint Raymond DeRise to the Cable TV Advisory Committee through June 30, 2016. Vote
approved 5-0.
Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
appoint Michael J. Xenakis to the Emergency Management Agency through June 30, 2016. Vote
approved 5-0.
Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
appoint Terrance Holland to the Youth and Recreation Council through June 30, 2018. Vote
approved 5-0.
Request of the Festival Committee to use the Town Common on May 22, 2016 from 6:00 a.m. to
6:00p.m. for the Sheep Shearing Festival
Jeff Coco of the Festival Committee was present to request approval to use the Town Common on May
22, 2016 from 6:00 a.m. to 6:00 p.m. for the Sheep Shearing Festival and for the Board to waive all permit
fees. They are also requesting that Massachusetts Avenue from Osgood Street to Academy Road be
closed to traffic from 7:00 a.m. to 6:00 p.m. All relevant Town Departments recommended approval.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen approve the request of the Festival Committee to use the Town Common for the Sheep
Shearing Festival on May 22, 2016 from 6:00 a.m. to 6:00 p.m., to close Massachusetts Avenue
from Osgood Street to Academy Road to traffic from 7:00 a.m. to 6:00 p.m. and to waive all permit
fees. Vote approved 5-0.
Approve and sign Grant of Easement from RCG North Andover Mills, LLC for Machine Shop Village
Information Kiosk
Board of Selectmen Minutes March 21, 2016 3
Included in the packet was a Grant of Easement from RCG North Andover Mills, LLC to the Town for
access to a portion of their property to install a Machine Shop Village Information Kiosk.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
approve and sign the Grant of Easement from RCG North Andover, LLC for the Machine Shop
Village Information Kiosk. Vote approved 5-0.
Request of Jean Enright, Assistant Director of Community and Economic Development, to waive permit
fees for the installation of the Machine Shop Village information kiosk
Jean Enright, Assistant Director of Community and Economic Development requested the Board waive all
permit fees for the installation of the Machine Shop Village Information Kiosk. The kiosk graphics, location
and site details were included in the packet.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
waive all fees for the installation of the Machine Shop Village Information Kiosk. Vote approved 5-
0.
Request of Steve Foster, Facilities Director, to waive building permit fees for the Stevens Estate second
floor bathroom renovation project
Included in the packet was a request from Stephen Foster, Facilities Director, to waive the building permit
fees for the second floor bathroom renovation project at the Stevens Estate.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
waive the building permit fees for the second floor bathroom renovation project at the Stevens
Estate. Vote approved 5-0.
Delegate to the Cable TV Advisory Committee the task of conducting cable television license renewal
public hearings and proceedings
hat process, the Town is required to
conduct public hearings and proceedings. The Board was asked to delegate the task of conducting the
hearings to the Cable TV Advisory Committee.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of
Selectmen delegate to the Cable Television Advisory Committee the task of conducting cable
television license renewal public ascertainment hearings and proceedings pursuant to 47 USC 546
and 207 CMR 3.00 for the purpose of further identifying the
needs and interests. Vote approved 5-0.
Vote to approve transfer from Special Education Stabilization Fund
Included in the packet was a report from the Superintendent of Schools regarding special education
costs. The school department is requesting a transfer of $150,000 from the Special Education
Stabilization Fund to the School Departmentof
Selectmen, School Committee and Finance Committee must all vote to approve the transfer.
Rosemary Smedile, made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen approve the transfer of $150,000 from the Special Education Stabilization Fund to the
s financial reserve policies. Vote approved 5-0.
The Town Manager explained that in order to make sure the School Department will receive the funds in
this fiscal year, there will need to be a Special Town Meeting within the Annual Town Meeting.
Vote on subcommittee to negotiate contract with non-union personnel
No action taken.
2016 Annual Town Meeting Warrant
Included in the packet was a draft of the 2016 Annual Town Meeting Warrant.
Vote to reopen the 2016 Annual Town Meeting Warrant
Donald Stewart made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
reopen the 2016 Annual Town Meeting Warrant. Vote approved 5-0.
Acceptance of the warrant
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
add to the Town Meeting warrant the citizen petition received today by the Board of Selectmen.
Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
accept the 2016 Annual Town Meeting Warrant as amended. Vote approved 5-0.
Board of Selectmen Minutes March 21, 2016 4
Vote to close the 2016 Annual Town Meeting Warrant
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
close the 2016 Annual Town Meeting Warrant. Vote approved 5-0.
Town Meeting Warrant Recommendations
In response to a question from the Board, the Town Manager explained that if the Board does not vote on
the articles tonight, their recommendations will not appear in the printed warrant due to the time
constraints.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
recommend favorable action on Article 1. Vote approved 5-0.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
recommend favorable action on Articles 2, 3, 4 and 5. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
recommend favorable action on Article 6. Vote approved. 5-0.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
recommend favorable action on Article 7. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of
Selectmen recommend favorable action on Article 8. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
make a recommendation at Town Meeting for Articles 9, 10, 11, 12 and 13. Vote approved 5-0.
Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
recommend unfavorable action on Article 14. Vote approved 5-0.
Donald Stewart made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
recommend unfavorable action on Article 15. Motion defeated 3-2.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen make a recommendation at Town Meeting for Article 15. Vote approved 3-2.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen
recommend favorable action on Article 16. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen recommend favorable action on Article 17. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen recommend favorable action on Article 18. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen recommend favorable action on Article 19. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen
recommend favorable action on Article 20. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen recommend favorable action on Articles 21 and 22. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen recommend favorable action on Article 23. Vote approved 5-0.
Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen
recommend favorable action on Article 24. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
recommend favorable action on Article 25. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen recommend favorable action on Article 26. Vote approve 5-0.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
make a recommendation at Town Meeting on Article 27. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen recommend favorable action on Article 28. Vote approved 5-0.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
recommend favorable action on Article 1 of the Special Town Meeting. Vote approve 5-0.
Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
make a recommendation at Town Meeting on the citizen petition submitted tonight. Vote approved
5-0.
Board of Selectmen Minutes March 21, 2016 5
LICENSING COMMISSIONERS:
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Miroli Store LLC dba Den Rock Wine & Spirits requests a transfer of All Alcohol Package Store License
(taken out of order)
Attorney Joe Devlin spoke on behalf of the applicant and reviewed the information contained in the
application.
Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting
as Licensing Commissioners, approve the transfer of the All Alcohol Package Store license from
Jai Om Sai, Inc. to Miroli Store, LLC. Vote approved 5-0.
Paul Gallant of Merrimack College requests One Day Wine & Malt licenses
Merrimack College requests one day Wine and Malt licenses for the following events:
Onstagers Performance after party on Saturday, April 9, 2016 from 8:30pm to 11:30 pm at the Rogers
Center for Performing Arts Lobby
Avenue Q Opening Reception on Thursday, April 21, 2016 from 7:00pm to 11:00 at the Rogers Center for
Performing Arts Lobby
Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen,
acting as Licensing Commissioners, approve the two One Day Wine & Malt licenses for Merrimack
College for events at the Rogers Center on Saturday, April 9, 2016 from 8:30pm to 11:30pm and
Thursday, April 21, 2016 from 7:00pm-11:00pm, as presented. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to close a meeting of the
North Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS
Request of Bradstreet Partners, LLC to modify development plan at Bradstreet on Main project
(continued from 3/07/16)
Bill Perkins manager of Bradstreet Partners, LLC, presented information regarding the status of the
project. Mr. Perkins is proposing to change the building on Main Street from office space to 8 residential
condominium units. Mr. Maylor explained that all the documents memorializing the agreement between
the Town and the developer clearly indicate that there were to be two buildings, one with 15 residential
units and one building facing Main Street containing commercial and office space. The schedule
contained in the agreement requires the commercial building to be done by the summer of 2017. Mr.
Perkins indicated he will not build the office spaces. The Board took no action on the matter.
NEW BUSINESS:
None
PUBLIC COMMENT:
Bob Turner, a resident of Saunders Street, asked the Board what their plans were for the Bradstreet
development. Chairman Watson indicated that there is recourse for the Town but since this is a legal
matter they will not be discussing it at this point.
th
Town Clerk, Joyce Bradshaw, reminded the public that March 29 is election day.
Carl Langlois, resident of Saunders Street, asked for clarification on the construction schedule. He also
asked if the foundations were too close to the street. Mr. Maylor indicated they are in compliance with the
plans.
Ask the Manager
No questions were submitted
February 2016 Incident Report-Fire Department
Included in the packet was the February 2016 Incident Report provided by the Fire Department.
Board of Selectmen Minutes March 21, 2016 6
February 2016 Crime Statistics-Police Department
Included in the packet was the February 2016 Crime Statistics Report provided by the Police
Department.
Report on Meals on Wheels-Elder Services
Included in the packet was a report from Elder Services regarding the Meals on Wheels program.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 9:48
p.m. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
_______________________________
Phil DeCologero, Clerk of the Board
Documents used at meeting:
Minutes dated March 7, 2016
Minutes dated March 8, 2016
Fire Chief contract
One Author, One Community flyer
Memo-spring clean up events
CPC list of requested projects
Citizen Petitions
Memo- in-house counsel
Memo-appointments
Sheep Shearing Festival request
Grant of Easement
Waiver of fee request-kiosk
Waiver of fee request-Stevens Estate
Memo-cable license renewal
Memo-SPED Reserve request
Draft of Town Meeting warrant
Licensing requests-Merrimack College
Licensing request-Mirolis Store, LLC
Fire Department report
Police Department report
Memo-Meals on Wheels
CPC project summary
Maps of Leonhard Farm and Atwood property
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Tracy M. Watson, Chairman
TEL. (978) 688-9510
Phil DeCologero, Clerk
FAX (978) 688-9556
Rosemary Connelly Smedile
Donald B. Stewart
Richard M. Vaillancourt
BOARD OF SELECTMEN & LICENSING COMMISSIONERS
AGENDA
MONDAY, MARCH 21, 2016
6:00 PM EXECUTIVE SESSION
7:00 PM OPEN SESSION
SCHOOL ADMINISTRATION BUILDING
566 Main Street
I. CALL TO ORDER
II. EXECUTIVE SESSION
A. Executive session-M.G.L. Chapter 30A, §21(a) reason #2-to conduct strategy session in preparation for
contract negotiations with non-union personnel
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
A. March 7, 2016 Open Session Minutes, as written
B. March 8, 2016 Open Session Minutes, as written
V. COMMUNICATIONS AND ANNOUNCEMENTS
A. Vote to sign Fire Chief contract
B. Swearing In-Fire Chief William McCarthy
C. Job posting/vacancy log
D. One Author, One Community sponsorships
E. Spring Clean Up Events-DPW
F. FY17 Community Preservation Committee recommendations
G. Citizens Petitions
1. Article 27- Authorize and Appropriate Consumer Testing Services for the benefit of the people of
the Town of North Andover-Joseph Toolan
2. Article 28- To see if the Town will vote to eliminate its local option meals tax-Stan Novak
VI. CONSENT ITEMS
A. Vote on committee to select in house counsel
B. Appointments:
1. Raymond DeRise to Cable TV Advisory Committee
2. Michael J. Xenakis to Emergency Management Agency
3. Terrance Holland to Youth and Recreation Council
C. Request of the Festival Committee to use the Town Common on May 22, 2016 from 6:00am to 6:00pm
for the Sheep Shearing Festival
D. Approve and sign Grant of Easement from RCG North Andover Mills, LLC for Machine Shop Village
Information Kiosk
E. Request of Jean Enright, Assistant Director of Community and Economic Development, to waive
permit fees for the installation of the Machine Shop Village information kiosk
F. Request of Steve Foster, Facilities Director, to waive building permit fees for the Stevens Estate
second floor bathroom renovation project
G. Delegate to the Cable TV Advisory Committee the task of conducting cable television license renewal
public hearings and proceedings
H. Vote to approve transfer from Special Education Stabilization Fund
I. Vote on subcommittee to negotiate contract with non-union personnel
J. 2016 Annual Town Meeting Warrant
1. Vote to reopen the Warrant
2. Acceptance of Warrant
3. Vote to close the Warrant
K. Town Meeting Warrant Recommendations
VII. LICENSING COMMISSIONERS
A. Paul Gallant of Merrimack College requests one day wine and malt licenses for:
1. Onstagers Performance After party on Saturday, April 9, 2016 from 8:30pm to 11:30 pm at the
Rogers Center for Performing Arts Lobby
2. Avenue Q Opening Reception on Thursday, April 21, 2016 from 7:00pm to 11:00 at the Rogers
Center for Performing Arts Lobby
B. Miroli Store LLC dba Den Rock Wine & Spirits requests a transfer of All Alcohol Package Store
License
VIII. OLD BUSINESS
A. Request of Bradstreet Partners, LLC to modify development plan at Bradstreet on Main project
(continued from 3/07/16)
IX. NEW BUSINESS
X. PUBLIC COMMENT
XI.
A.
B. February 2016 Incident Report-Fire Department
C. February 2016 Crime Statistics-Police Department
D. Report on Meals on Wheels-Elder Services
XII. NEXT MEETING DATE
Monday, April 11, 2016
XIII. ADJOURNMENT
2016
TNA
OWN OF ORTH NDOVER
M
ASSACHUSETTS
R
ENOVATED TOWN HALL
2016
ATMW
NNUAL OWN EETING ARRANT
AND
FCR
INANCE OMMITTEE EPORT
NORTH ANDOVER CITIZENS
The Town of North Andover will take any measure necessary to ensure
that any individual with a disability is not excluded, denied services,
segregated, or otherwise treated differently than other individuals because
of the absence of auxiliary aids and/or services.
If you need any of the auxiliary aids or services identified in the
Meeting, please con978-688-9502.
Thank you!
If you require handicapped parking access or need special parking
arrangements.
Voters will be checked in by last name. Each voter will be given a Town
Meeting Voting card and will need this card to be able to vote. Individuals
will need to be registered to vote by Wednesday, April 20, 2016. All
voters who have registered to vote as of that date will be eligible to vote
at the May 10, 2016 Annual Town Meeting. You may call the Town
-688-9502 to verify voter status or request a voter
registration form.
Non-voters must sign in, display a non-voter pin and sit in the designated
section.
The Town will make any arrangements available to assist with warrants
and participation in our Town Meeting. Please do not hesitate to call the
at 978-688-9502 or e-mail
(jbradshaw@northandoverma.gov).
2016
ANNUAL TOWN MEETING WARRANT
Annual Town Meeting May 10, 2016
7:00 P.M.
North Andover High School
430 Osgood Street
ANNUAL FINANCE COMMITTEE REPORT TO VOTERS
North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the
Town Moderator to learn about, explain, and make recommendations on all aspects of
1
2016 MESSAGE FROM THE TOWN MODERATOR
Dear Neighbors:
Tuesday evening May 10, 2016 commencing at 7:00PM in the North Andover High School
auditorium.
You have allowed me the great privilege of presiding at Town Meeting the past four years. Thank
you. During these years I have sought to significantly modernize the functions, rules, reach and
conduct of Town Meeting while making deliberate effort to preserve the traditions and procedures
of the past that work. Collectively, the deliberate introduction of technology, improved procedures
and new rules has made the meeting what I have promised fair, open and efficient.
At this moment I can report that we will put a pause on new initiatives. As well, there are no rules
changes for this upcoming Annual Town Meeting. I will continue to endeavor to conduct the
meeting in a manner that offers a more appropriately informal discussion among participants for
the purpose of easing voter understanding of the issues to be decided during this vital community
conversation that we call Town Meeting.
Your open-minded embrace of the changes made these years has had consequence elsewhere.
Communities across the state have noted our initiatives such as use of real time on screen editing
of articles, live web streaming and broadcast of proceedings, personal financial disclosure
requirements and the appointment of Citizen Advocates to guide attendees in crafting motions or
amendments that they wish to present.
Our most far-reaching initiative to allow questions to be submitted from citizens, via email, who
cannot attend the meeting itself has garnered significant discussion across the Commonwealth. In
this, our third year of allowing more open access to the meeting, there will be at least one other
community offering the same opportunity and several more planning to institute our ground-
breaking program. These communities share my belief that Town Meeting serves two
constituencies those who attend and participate in the meeting, and those who are governed by
what is decided at Town Meeting.
Procedures for accessing the on-line email forum in North Andover will be published two weeks
before the mIt is important to note that the power of the meeting
remains with those who do take the time and effort to be present, listen, deliberate and vote at the
meeting. While all power is in the room, all helpful knowledge may not be in attendance.
Interestingly, there is an effort in the Legislature to allow full remote participation at Town
Meeting, including the right to vote. While a full virtual Town Meeting experience will not likely
come for many years, I am pleased that we sparked conversations in our Commonwealth to assure
that Town Meeting does not become an anachronism a dinosaur of governance anchored to
history and not relevant to the lives and society in which we live. We in North Andover should be
rightfully proud of being pioneers.
2
The North Andover Town Charter gives the Moderator the unilateral power to establish rules of
parliamentary procedure in simplified form for Town Meeting. Significant new rules of procedure,
including the first-ever in the nation requirement of disclosure of personal financial interest, have
now been established and part of our practice for four years deserve note for those who have not
participated before. If you are a first time participant or just need a refresher please do read the
rules below in order to make our deliberative experience together the most productive possible for
the entire community.
Participating in our annual community assembly is a hallmark of Open Town Meeting. The general
tenure of respectful deliberation and debate are governed
adherence to the three simple behaviors below:
It is asked that petitioners and follow-up speakers who address the meeting provide only
new information in an effort to persuade undecided voters. Continued repetition of
previously heard information as a show of support takes time and does little to positively
influence the outcome of a vote.
Please refrain from unnecessary applause or negative responses during discussions.
Keeping remarks brief and relevant shows
The most persuasive statements at Town Meeting are often those succinctly stated,
disclosing new facts or arguments in an effort to advance a position while retaining the
inute speaking time limit will be strictly enforced.
Lastly, please review the Simplified Rules of Parliamentary Procedure, Addendums on Electronic
and Visual Presentations, a Glossary of Town Meeting Terms and Participants as well as the Town
By-laws that relate to Town Meeting. These rules and other information presented below will be
helpful to all who attend, speak and/or present at Town Meeting.
Town Meeting remains a unique tradition one we are reinventing with each session and initiative
we collectively establish. Open Town Meeting remains the most direct and inclusive form of
participatory democracy ever utilized in any form of government on this earth. I invite you to
contribute to our vital community conversation. Please do attend, as every vote counts - and at
Town Meeting many votes have consequential generational impact. Be a part of the future.
Mark S. DiSalvo
Town Moderator
179 Coventry Lane
mdisalvo@sema4usa.com
978 683-4396
3
2016 NORTH ANDOVER TOWN MEETING
SIMPLIFIED RULES OF PARLIAMENTARY PROCEDURE
The purpose of Town Meeting is to establish and update the By-laws, operational policies, budgets
as our form of government since 1646. It represents the purest form of democracy in that every
vote truly counts. Each registered voter is guaranteed an equal voice in the decisions made by the
Meeting. In order to protect the sanctity of that vote, the North Andover Town Charter empowers
the Town Moderator to establish the rules of Procedure under which Town Meeting is to be
conducted. These rules are historically based on the traditions established by generations of North
Andover citizens and by other New England communities, acting as legislators of their local
governments.
Specific parliamentary rulings and conduct are governed by the Moderator, using Massachusetts
General Laws, the North Andover Charter, North Andover By-Laws, and local tradition as a
guideline. The passing of each Town Meeting adds to the rich history and changes to that
practice and tradition that helps guide future Moderators and meetings.
not applied and have no bearing on conduct of our meeting. Past Moderators
have utilized the book published by
elected to utilize that resource if appropriate.
Town Meetings across the Commonwealth of Massachusetts are similar, but not identical, in the
and help define the role and latitude of the Moderator. At North Andover Town Meetings we will
endeavor to present all necessary information in an efficient and timely manner so that the most
clarity can be afforded to voters, enabling them to make informed decisions. Voters, in turn, have
a unique responsibility. Not only must they express, by vote, the decisions made based upon their
own judgment and perspective, but also be cognizant of the effect their vote and/or decision has
on all citizens of North Andover.
There are ten simple rules of procedure for North Andover Town Meeting:
1.Article
The first action required after the announcement of any
WarrantMain Motion
is that a be proposed. The citizen sponsor of an article, Town
Board sponsor, or Town Board with an affirmative recommendation, are likely movers
of a main motion. The initial motion for the Town budget will be made by the Finance
Committee. Any Town Board or voter may amend the motion for consideration and
deliberation of the meeting. All motions must be seconded by a voter other than the
person offering the main motion and only then may discussion and debate begin.
2.
Any voter wishing to address the meeting must first gain the attention of the Moderator
when no other speaker has the floor. Public microphones are to be utilized, where a
speaker seeking to be recognized, being courteous to others and those next in line, will
call out to be heard by addressing the Moderator. Speakers must introduce themselves
4
using their full name and street address each time speaking at a session of Town
Meeting.
3.
Once recognized by the Moderator, a speaker is given a turn to speak for up to five (5)
minutes and must address the meeting on only the article currently under discussion.
Voters not doing so or speaking in a disrespectful fashion may be suspended from
speaking on the matter at the discretion of the Moderator. Additional time can be
granted by assent of the meeting, by prior arrangement with the Moderator, and at the
discretion of the Moderator. Questions are welcome, as well as statements endorsing a
position. A voter with a question will take precedence over anyone stating an opinion
of support or non-support for an article.
4.
Any person who has a financial interest in any article under discussion shall make a
disclosure of that interest before speaking. Any person who is a spouse, parent,
grandparent, child, brother, sister, or in-law of a person who has a financial interest in
an article shall also disclose such relationship before speaking. The employment,
whether paid or unpaid, of any person acting as an attorney, engineer, architect, land
surveyor, broker, consultant, agent or in any other capacity by a person interested in
the article under discussion, shall be disclosed before that person speaks. Violation of
such disclosure, or refusal to disclose the required information, if asked, shall result in
Disclosure is not generally required of voters who are utilizing and/or are beneficiaries
of Town services such as, for example, public safety, public works and public utilities,
or parents of children in public schools. However, if the speaker has a personal financial
interest beyond what is reasonably available to all eligible citizens then disclosure is
required.
5.
Town employees and/or appointed or elected officials are required to identify their
position and whether or not they are speaking in an official capacity. Such identification
shall satisfy the disclosure requirement unless there is a specific matter under
discussion that does not involve their official capacity as an employee, appointed or
elected official. A blanket initial identification, upon the first opportunity to speak, is
acceptable for each session of the meeting unless the individual is not speaking in an
official capacity. In such case, the speaker shall be compelled to make a disclosure.
6.
All remarks should be addressed to and through the Moderator, for the benefit of all
attendees. Direct questioning of others is not permitted. Questions may be directed,
through the Moderator, to any petitioner, speaker or official and, if determined germane
by the Moderator, the person asked will have the immediate opportunity to answer
should they choose.
7.
An amendment, changing or limiting the main motion, can be offered during the course
of debate. The Moderator may rule an amendment out of order if it is beyond the scope
of the warrant article. The Moderator will redirect the discussion to consider the
proposed amendment once it is properly before the meeting. Specific wording of any
proposed amendment must be made available in writing to the Moderator and Town
5
Clerk before it can be considered. The party proposing such motion shall concisely
state, to the meeting, the consequence of the amendment on the existing main motion
and/or article being considered. Should reference or context be necessary to provide
the meeting with full understanding of the amendment then this shall be allowed at the
8.
Respectful deliberation and debate are fundamental to Town Meeting. The Moderator
may seek to establish a time limit on a specific article as a guide to the meeting in order
to budget time and discussion. The Moderator will discourage repetitious statements.
In due course it will become apparent that sufficient information has been presented
and voters are ready to make their decision and the Moderator shall so rule. Motions
to move the question to a vote are in order and are not generally subject to debate. A
discretion, such motion may not be allowed and/or may be subject to debate,
particularly if the motion to close debate would restrict informed consideration of the
entire meeting and/or comes before an appropriate discussion has taken place on the
main motion.
9.
Votes are taken by two methods voice
and declared to be complete by the Moderator when results are announced.
The Moderator is empowered to make declaration of two-thirds (2/3), four-fifths (4/5), or
other majority. If the determination of a voice vote is doubted, a request by at least seven
(7) voters, either rising or standing in place, will mandate the Moderator to request a
counted vote. Issues requiring a two-thirds (2/3), four-fifths (4/5), or other majority will
be clearly identified to the meeting at the time the article is presented and again at the time
of the vote. Articles that require greater than majority votes may be taken by voice and/or
a limited counted vote for the efficient conduct of the meeting.
10.
There may be no distribution of handouts within the confines of the meeting place at
any time during conduct of the Town Meeting. Handouts or other materials may be
distributed outside the meeting hall before the check-in stations or placed on the table
reserved for such materials by the Town Clerk. It is strongly encouraged that all
materials clearly state the author and/or person(s) responsible for the content of the
material.
6
Addendum A
Advisory on Electronic and Other Visual Presentations
Any speaker at Town Meeting wishing to utilize an electronic or other visual presentation must
abide by this advisory as well as adhere to all rules regulating conduct of any speaker.
The use of electronic/visual presentations are limited to provide necessary information
that is not easily conveyed in verbal form, such as maps, graphs, charts and photos. The
propriety of use is to improve the clarity of information given to the meeting. The
Moderator will encourage consolidation of presentation material to benefit the
attending voters, and to ensure balance during the debate.
Electronic/visual presentations by Town agencies, with similar recommendations on
an article, are encouraged to consolidate electronic/visual presentations into a single
presentation. That presentation, scheduled with the Moderator at least one week prior
to a Town Meeting, may utilize up to 15 minutes, with the intent that it will reduce the
time needed for multiple presentations and follow-on comment and response. The
d
discretion.
Electronic/visual presentations by any citizen must also be coordinated with the
Moderator at least one week prior to Town Meeting.
All voters in attendance must be able to see and hear any presentation made, regardless
of where they are seated in the venue. If this standard cannot be met then the
presentation shall not be allowed as no voter, by happenstance of proximity to any
presentation, shall have an advantage of more easily viewing any presentation over any
other voter. Equipment availability is the responsibility of the petitioner/ presenter.
Technical assistance and arrangements for display equipment must be coordinated with
the Town Clerk and Moderator, at least one week before the meeting. Computers,
projectors and screens may be available. Use of an overhead projector is not allowed.
Equipment malfunction or any other reason for lack of ability to use any planned
electronic or other visual display will not invalidate consideration of the article or keep
the body from considering the motion. It becomes the responsibility of the
petitioner/presenter to present arguments in another form within the rules of the Town
Meeting.
7
Addendum B
Glossary of Town Meeting Terms and Participants
Town Meeting
Town Meeting is the duly-called meeting in which all registered voters are eligible to participate.
-law amendments, and
other matters affecting the Town are decided. An Annual Town Meeting is held in the spring to
decide issues for the following fiscal year, which begins in July. A Special Town Meeting may be
called at any time to deal with issues that cannot wait for the next Annual Meeting. A Special
Town Meeting is called by vote of the Selectmen or if two hundred (200) voters sign a petition
requesting one.
Warrant
The Warrant is the official public notice of business to be considered at Town Meeting. It will be
publicly posted throughout the Town, set a time and place for the meeting, and contain one or more
articles. Once the warrant is opened by the Selectmen, articles may be submitted until the stated
deadline.
Article
An Article is the self-described characterization of an issue to be decided at the meeting and must
be clearly defined by the petitioner or sponsor. The content of the article must be clearly and
completely explained so that voters will fully understand the context and meaning of the article.
scope
The of each article sets the bounds of actions that may be taken. Amendments or motions
outside the scope of issues and/or actions presented in the article at the time of posting of the
Warrant may not be considered at the meeting. Articles are submitted by Town Boards or
agencies, citizen petitions of ten (10) registered voters at Annual Town Meeting, or one hundred
(100) registered voters at Special Town Meeting.
Main Motion
A Main motion is required for the meeting to act on a given article and must be within its scope.
tion must be made and seconded for
Finance Committee
discussion to proceed; a favorable recommendation from the will be taken as
a main motion, to be then seconded by an individual at the meeting. Affirmative rather than
negative main motions are preferred to avoid voter confusion.
Amendments
Amendments may be offered to a main motion, debated and then accepted or rejected. All
amendments must be submitted to the Moderator in writing. Individual amendments will be
considered in the normal course of business, in turn. Amendments to amendments will be actively
clarity to the issue under consideration. Upon all secondary motions having been voted, voters
will return to discussion and vote on the main motion, whether amended or not.
8
Reconsideration
Reconsideration of an action under any single or multiple article(s) may be proposed only once
upon the conclusion of any article and prior to the commencement of the next. Whether offered
for reasons of clarity or tactic to preclude reconsideration of votes already taken, the introduction
of a motion to reconsider should not be done lightly as once reconsideration is denied, the decision
on an article cannot be reversed or altered. However, Town By-law provides the Moderator
discretion, for reasons which he shall state to the meeting, to allow a second motion for
reconsideration of any action taken by any Town Meeting during that meeting or any previously
adjourned session.
Adjournment
A motion of adjournment requires the meeting to convene at a certain future time, date and place.
Dissolution
Dissolution is the final act of a meeting. All issues will have concluded, and future discussion will
require another separate meeting and duly posted warrant.
Responsible Parties
:
Voters
Voters are the ultimate decision makers. Voted decisions are binding on the entire Town, including
its elected officials, with the exception of resolutions or advisory articles.
Moderator
The Moderator is the person elected and responsible for the conduct of the meeting. Establishment
of rules, procedural rulings, conduct of debate, and voting are vested solely in the Moderator.
Town Clerk
The Town Clerk is appointed by the Town Manager and is responsible for distributing notices of
any Town Meeting, keeping all public records associated with the meetings, and producing the
of debate and voting, and are used in formal enactment of local By-law.
Selectmen
The Board of Selectmen is an elected body responsible for calling the meeting and setting the
behalf
between Town Meetings and oversee its management through the appointed Town Manager.
School Committee
The School Committee is an elected body responsible for setting policy and directing management
of the schools, through its appointed Superintendent of Schools.
Finance Committee
The Finance Committee is appointed by the Moderator and is responsible for specific
recommendations to the Town Meeting on financial and certain other articles. This body of
9
citizens has the obligation to investigate finance related articles proposed to the meeting and make
independent recommendations in the best financial interest of the Town.
Planning Board
The Planning Board is appointed by the Town Manager and is responsible for administering the
-law. This Board is required to hold hearings and make recommendations on
articles which affect zoning or environmental issues.
Town Counsel
legal rulings and advise the meeting when that advice is needed.
Executives, Staff and Committees
Many other participants have strong interest in assuring the success of Town Meeting. They
propose issues, explain interests and supply information to the voters. Included in this group are
the Town Manager, Superintendent of Schools, Town Accountant, Department Heads, and various
other Town Committees.
Operating Staff
Significant effort is made to properly organize and operate Town Meeting. Town staff and
volunteers provide the necessary support to conduct each Town Meeting and include Registrars of
Voters, Voter Check-in Clerks, Counters, Public Safety Officers and Facilities Personnel of the
building in which the meeting is held.
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Addendum C
Town Bylaw Affecting Town Meeting Chapter 59
§ 59-1 Adjournment.
14
When a Town Meeting shall be adjourned to a time certain that is more than fourteen () days
from the time of adjournment, the Town Clerk shall cause notice of the time and place of such
3
adjourned meeting to be duly posted in three () or more public places in each precinct in the town
2
two () days at least before the time of holding said adjourned meeting, which notice shall also
briefly state the business to come before such meeting.
§ 59-2 Quorum.
There is no quorum requirement for Annual or Special Town Meetings.
§ 59-3 Reconsideration Vote.
Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no
second motion for the reconsideration of any action taken by any Town Meeting shall be
entertained during that meeting or any adjourned session thereof.
§ 59-4 Secret Ballots.
Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the
25%
affirmative vote of at least twenty-five percent () of the voters present at said Annual or
Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall
be voted upon by Australian (secret) ballot.
§ 59-5 Information Required for Consideration of Articles.
A.
The sponsor of any Article requiring the raising and/or appropriation of town funds shall
provide to the Town Manager and to the Finance Committee the following information:
1.
Total estimated dollar cost of the Article including:
a.
Start-up costs.
b.
Reoccurring annual costs, including any increase in personnel and/or equipment
purchases.
c.
Source of estimate.
2.
Estimate of any possible revenues the project might generate.
3.
Proposed source and/or mechanism for funding.
4.
Reason(s) for the request, including but not limited to need.
5.
Population group most likely to benefit or be affected by the project.
6.
Possible alternatives to the requested proposal.
7.
Schedule or time frame for completion of the project.
8.
Any motions that would be introduced to support the Article as submitted.
B. 2
This information shall be provided within two () days after the final fixed date for receiving
Articles into the warrant for the Annual or any Special Town Meetings.
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§ 59-6 Annual Town Meeting
The Board of Selectmen shall vote to set the date of the Annual Town Meeting in accordance with
Chapter 39 §9 of Massachusetts General Laws. Chapter 39 also permits the Board of Selectmen to
postpone by vote an Annual Town Meeting. Any such postponement shall be held on any weekday
evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted
upon.
§ 59-7 Votes to be Declared by the Moderator
The Moderator may take all votes requiring a two-thirds majority in the same manner in which he
or she conducts the taking of a vote when a majority vote is required.
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2016
ANNUAL TOWN MEETING WARRANT
TABLE OF CONTENTS
Annual Finance Committee Report to Voters
2016 Message from the Town Moderator
Simplified Rules of Parliamentary Procedure
WARRANT FOR ANNUAL TOWN MEETING
Page
Article 1 Reports of Special Committees
Article 2 Reports of Receipts and Expenditures
GENERAL ARTICLES
Article 3 Authorization of the Town Manager or Superintendent of Schools
Regarding Contracts in Excess of Three Years
Article 4 Authorization to Accept Grants of Easements
Article 5 Authorization to Grant Easements
Article 6 Amend General Bylaws-Chapter 88 Dogs
Article 7 Authorization to Initiate Process to Aggregate Electrical Load
Article 8 Add New General Bylaw-Chapter 78 Stretch Energy Code
ZONING ARTICLES
Article 9 Amend Zoning Bylaw Section 8: Supplementary Regulations
Article 10 Amend Zoning Bylaw-Section 13: Continuing Care Retirement Center
Article 11 Amend Zoning Bylaw-Section 16: Corridor Development District
Article 12 Acceptance of a Public Way-Hitching Post Road
Article 13 Acceptance of Public Way-Stanton Way
ARTICLES
Article 14 Petition to the Town of North Andover-Authorize and
Appropriate Consumer Testing Services for the benefit of the people of the
Town of North Andover
Article 15 -Petition to the Town of North Andover-To see if the Town
will vote to eliminate its local option meals tax
FINANCIAL ARTICLES
Article 16 Set Salaries and Compensation of Elected Officials
Article 17 Continue and Approve Revolving Funds
Article 18 Approve Payment of Prior Years Unpaid Bills
Article 19 Appropriation - General Fund for Fiscal Year 2017
Article 20 Appropriation - Water Enterprise Fund for Fiscal Year 2017
13
Article 21 Appropriation - Sewer Enterprise Fund for Fiscal Year 2017
Article 22 Appropriation - Stevens Estate Enterprise Fund for Fiscal Year 2017
Article 23 Appropriation Capital Improvement Plan for Fiscal Year 2017
Article 24 Transfer to Stabilization
Article 25 Transfer to Capital Stabilization
Article 26 Transfer of funds from Health Insurance Trust Fund to Other Post-
Employment Benefits (OPEB) Liability Trust Fund
Article 27 Report of the Community Preservation Committee - Appropriation
From the Community Preservation Fund
Article 28 PEG Access and Cable Related Fund
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Annual Town Meeting Warrant
May 10, 2016
COMMONWEALTH OF MASSACHUSETTSESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430
Osgood Street, Tuesday, May 10, 2016, at 7:00 PM then and there to act upon the following
articles:
Article 1: Reports of Special Committees.
To see if the Town will vote to hear the reports of
any appointed special committees,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
CONSENT ARTICLES: Articles 2, 3, 4 and 5 may be considered by a single vote if there is
no objection (requires unanimous consent)
15
Article 2: Reports of Receipts and Expenditures.
To see if the Town will vote to accept the
reports of receipts and expenditures as presented by the Selectmen in the 2015 Annual Town
Report,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years.
To see if the Town will vote in accordance with the
provisions of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager
or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for
terms exceeding three years, including any renewal, extension or option, provided in each instance
the longer term is determined to be in the best interest of the Town by vote of at least four (4)
members of the Board of Selectmen or the School Committee, as appropriate,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
Article 4: Authorization to Accept Grants of Easements.
To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to accept grants of easements for
access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and
conditions the Board and Committee deem in the best interest of the Town,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Majority Vote
16
Article 5: Authorization to Grant Easements.
To see if the Town will vote to authorize the
Board of Selectmen and the School Committee to grant easements for access, water, drainage,
sewer, roadway and utility purposes or any public purpose on terms and conditions the Board and
Committee deem in the best interest of the Town,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Two-thirds (2/3) Vote
Article 6: Amend General Bylaws Chapter 88 Dogs.
To see if the Town will vote to amend
the Town of North Andover General Bylaws, Chapter 88 Dogs, as follows:
Section 88-5 is hereby amended by inserting so that
Section 88-1 shall read:
88-5 Hearing Authority
The Hearing Authority shall be the Police Chief or his or her designee; however the
designee shall not be the ACO.
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
EXPLANATION: This article proposes to amend Chapter 88 of the General Bylaws to
clarify that the Animal Control Officer cannot be designated by the Police Chief to act as the
Hearing Authority as the ACO cannot hear an appeal of his/her own decision.
Article 7: Authorization to Initiate the Process to Aggregate Electrical Load.
To see if the
Town will vote pursuant to M.G.L. c. 164, § 134(a) to authorize the Board of Selectmen to initiate
the process to aggregate electrical load and become an aggregator of electric power on behalf of
its residential and business electric customers and to reestablish such plan if its operation is
suspended; and to negotiate and enter into such contracts for power supply pursuant to the plan or
services for such plan, with the understanding that if a power supply contract is executed,
17
individual consumers would retain the option not to participate in the aggregation plan and,
instead, to choose any electricity alternatives they desire,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
EXPLANATION: This article will allow the Board of Selectmen to begin the process of
becoming an aggregator of electric power on behalf of residential and business electric
customers.An aggregation program would allow the Town to go out to bid and find an
alternative electricity supplier for town residents. The Town would only proceed if the bid
for supply costs was less than what National Grid would charge. Residents do not have to
participate in the program and can opt out at any time.
Article 8: Add New General Bylaw Chapter 78- Stretch Energy Code.
To see if the Town
effective use of energy, pursuant to Appendix 115.AA of the Massachusetts Building Code, 780
CMR, the Stretch Energy Code, including future additions, amendments or modifications
thereto, as follows:
Chapter 78-Stretch Energy Code
78.1 Definitions
International Energy Conservation Code (IECC)
The International Energy Conservation Code (IECC) is a building energy code created by the
International Code Council. It is a model code adopted by many state and municipal
governments in the United States for the establishment of minimum design and construction
requirements for energy efficiency, and is updated on a three year cycle. The baseline energy
conservation requirements of the MA State Building Code are the IECC with Massachusetts
amendments, as approved by the Board of Building Regulations and Standards.
Stretch Energy Code
Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA of
th
the 8 edition Massachusetts building code, the Stretch Energy Code is an appendix to the
Massachusetts building code, based on further amendments to the International Energy
Conservation Code (IECC) to improve the energy efficiency of buildings built to this code.
78.2 Purpose
The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative to the Base
Energy Code applicable to the relevant sections of the building code for both new construction
and existing buildings.
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78.3 Applicability
This code applies to residential and commercial buildings. Buildings not included in this scope
shall comply with 780 CMR 13, 34, 51, as applicable.
78.4 Stretch Code
The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR
Appendix 115.AA, including any future editions, amendments or modifications, is herein
incorporated by reference into the Town of North Andover General Bylaws, Chapter 78.
The Stretch Code is enforceable by the inspector of buildings or building commissioner.
78.5 Effective Date
The effective date of this bylaw shall be January 1, 2017.
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
EXPLANATION: Adopting the Stretch Energy Code is requirement for
qualification for the Green Community designation. The Commonwealth
has already incorporated most of the provisions of this code into the state-wide building
code. By approving this article North Andover can apply for a Green Community
designation which allows the Town an opportunity to access an annual grant and other
funds from the DOER for energy-related projects.
Article 9: Amend Zoning Bylaw Section 8: Supplementary Regulations.
To see if the Town
will vote to amend the Town of North Andover Zoning Bylaw, Section 13 Supplementary
Regulations, by making the following amendments to Subsection 8.3 (by identifying text which is
deleted as strikethrough and text added as underlined), as follows:
8.3Site Plan Review
5. Information Required
a)Special Permit Application Form, along with any fees as may be set by the Town
Bylaw;
b)Drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a
scale as approved in advance by the Town Planner. Revised plans shall contain a
19
notation listing and describing all revisions, additions, and deletions made to the
originally submitted plans and the date of each.
c)All site plans shall be prepared by a certified architect, landscape architect, and/or a
civil engineer registered in the Commonwealth of Massachusetts. All landscape plans
shall be prepared by a certified landscape architect registered in the Commonwealth
of Massachusetts. All building elevations shall be prepared by a certified architect
registered in the Commonwealth of Massachusetts. All stormwater management plans
must be submitted with the stamp and signature of a
and drainage calculations
Professional Engineer (PE) licensed to conduct such work in the Commonwealth
of Massachusetts.
d)The times for submission of the site plans for review by the Planning Board are
specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations)
e)The following information must be submitted along with the application:
i.NORTH ARROW/LOCATION MAP: A north arrow and a location map showing
surrounding roadways and land uses adjacent to the site (1"=1500'). Location Map
should show at least one intersection of two existing Town roadways.
ii.SURVEY OF LOT/PARCEL: A boundary survey conforming to the requirements
of the Essex County Registry of Deeds Office. The survey shall be dated and
include any revision made to the survey or site plan. Any change in the survey
shall be recorded before site plan approval may be granted.
iii.NAME/DESCRIPTION OF PROJECT: The name of the development and the
names, addresses and telephone numbers of the project listing tenants, land uses,
development phases, or other pertinent information necessary to evaluate the
proposed development plan.
iv.EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or legal
encumbrances(s) that are related to the sites physical development, and a listing of
any condition(s) placed upon the site by the Board of Appeals, Planning Board,
Conservation Commission, or any public body or agency, with the authority to
place conditions on the sites development.
v.TOPOGRAPHY: The present and proposed topography of the site, utilizing two
foot (2') contour intervals.
beyond the site boundaries by estimation of the professional submitting the plan.
appears on the most current Town of North Andover topographic mapping shall
also be shown.
vi.ZONING INFORMATION: All applicable Zoning Bylaw information shall be
provided regarding the site's development. This information shall be placed in a
table and list all parking, setbacks, percent of lot coverage, floor-area-ratio,
number of dwelling units, total amount of square feet, size of signs and any other
applicable zoning information necessary for the proper review of the site plan by
the Town Planner and Planning Board.
vii.DRAINAGE AREA MAP: A drainage area map showing pre and post
construction watersheds, subwatersheds and stormwater flow paths, including
municipal drainage system flows;
viii.STORMWATER MANAGEMENT PLAN: All applications for Site Plan Review
shall include the submittal of a Stormwater Management Plan prepared in
20
accordance with the latest version of the Massachusetts Stormwater Handbook
and additional criteria established herein and demonstrating full compliance with
Massachusetts Stormwater Standards
the and the North Andover Stormwater
Management and Erosion Control Regulations promulgated under Chapter 160 of
the Town Bylaws (Stormwater Management and Erosion Control Bylaw); All
storm water drainage control facilities utilized by the site shall be shown on the
site plan. Storm water drainage calculations which support the design of the
control facilities shown the plan shall be submitted to the Department of Public
Works for review and approval. Calculations shall show a mitigation of run-off to
zero of the 2, 10, and 100-year storm event.
ix.BUILDING LOCATION: Identification of all existing and proposed structure(s)
located on the site. The number of stories, overall height in feet and gross floor
area in square feet of all structure shall be indicated.
x.BUILDING ELEVATION: A drawing of the exterior of the building, as viewed
from the front (street view) must be submitted. The Planning Board may request
side and rear views if relevant to the Board's review. This drawing must be at
least 8" x 11" in size.
xi.LOCATION OF PARKING/WALKWAYS: Identification of the location of all
existing and proposed parking and walkways areas, including curb cuts that will
be used to access the site from adjacent roadways, or access points.
xii.LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas as
defined in M.G.L. Chapter 131, Section 40 and/or the Town of North Andover
Wetland Protection Bylaw (Ch. 178), shall be shown on the site plan. If
applicable, the applicant shall file a Notice of Intent with NACC concurrently
with the application to the Planning Board for Site Plan Review.
xiii.LOCATION OF WALLS/SIGNS: Identification of the location, height and
materials to be used for all retaining walls and signs located on the site. Signs will
be reviewed using the guidelines set forth in Section 6.7 (H) of the Zoning Bylaw.
xiv.LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-ways and
driveways including the type of curb and gutter to be used, and their dimensions.
Distances to all the nearest roadways and/or curb cuts shall be shown for both
sides of any streets which is adjacent to the site.
xv.OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location and
type of outdoor storage and display areas on the site.
xvi.LANDSCAPING PLAN: The general outline of existing vegetation, wooded
areas, significant trees, unique species and tree clusters and the extent of all
vegetation, wooded areas, significant mature trees (> 12 inches DBH), unique
species and/or tree clusters to be removed and identification of the location and
landscape schedule of all perimeter and interior landscaping, including but not
limited to proposed paving materials for walkways, fences, stonewalls and all
planting materials to be placed on the site. In addition, all existing trees over 12
inches DBH, to be saved or removed shall be shown on the site plan. Any
landscaping required by the Town Bylaws shall be indicated on the site plan in
tabular form showing the amount required and the amount provided.
21
xvii.REFUSE AREAS: Identification of the location of each outdoor refuse storage
area, including the method of storage and screening. All refuse areas must be fully
enclosed.
xviii.LIGHTING FACILITIES: Identification of the proposed illumination, indicating
the direction and the degree of illumination offered by the proposed lighting
facilities, including an example of the light fixture to be used.
xix.DRAINAGE BASIN STUDY: A detailed hydrology study for the site. Included
in this study is the proposed storm water run-off rates into the existing drainage
system and its potential down-stream impact on the existing drainage system.
xx.TRAFFIC IMPACT STUDY: Identification of existing traffic levels, along with
the expected traffic impacts to occur based upon the proposed project. Projects
which access state highways, a traffic impact study shall be filed with MEPA
concurrently with the Planning Board review. A copy of the MEPA study shall be
filed with the application to the Planning Board.
xxi.COMMONWEALTH REVIEW: Any information required and submitted to any
agency of the Commonwealth, shall be filed with the Planning Board upon the
initial submission of the project for Board review.
xxii.UTILITIES: All utilities, including water line locations, sewer line locations and
profiles, and storm drainage systems;
xxiii.FISCAL IMPACT: Projections of costs rising from increased demand for public
services and infrastructure; provisions of benefits from increased tax revenues,
employment and infrastructure improvements; and impacts on adjacent property
values.
xxiv.COMMUNITY IMPACT: Analysis of the project's impact on the surrounding
neighborhood in terms of architectural consistency, pedestrian movement and
overall character; impacts on nearby historic structures or site; and an evaluation
of the proposed project's consistency and compatibility with existing local and
regional plans.
f) If the site plan review application is for the construction of any new wireless service
facility on a previously permitted facility as set forth in Section 8.9(3)(a)9II) Wireless
Service Facilities Use Regulations, the information required by Section 8.9(5) must
also be submitted. The SPGA may grant a waiver from these submittal requirements
if it finds that such information is not needed for a thorough review of a proposed
personal wireless service facility (1998/38).
6. Review Criteria/Design Guidelines
a)The following criteria and design guidelines shall be used by the Planning Board in
evaluating the site plan review and all information submitted as part of the
application.
i) General
a)Conformance with all appropriate provisions of the Zoning Bylaw.
b)Protection of abutting properties from detrimental site characteristics.
ii)Environmental
a)Protection of unique or important natural, historic or scenic features.
b)Adequacy of proposed methods of refuse disposal.
22
c)Ability of proposed sewage disposal and water supply systems within and
adjacent to the site to serve the proposed use.
d)Adequacy of the proposed drainage system to mitigate runoff increases and
protect water quality. within and adjacent to the site to handle the increased
runoff resulting from the development.
e)Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the parking lot
and a landscape buffer along the street frontage.
f)Adequacy of the soil erosion plan and any plan for protection of steep slopes,
both during and after construction.
g)Protection of adjacent properties by minimizing the intrusion of lighting,
Including parking lot and building exterior lighting.
h)The proposed development must not present a demonstrable adverse impact
on the surrounding area resulting from excessive noise, dust, smoke, or
vibration which are higher than levels now experienced from uses permitted in
the surrounding area.
iii)Design
a)Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
development.
b)The buildings shall relate harmoniously to each other in architectural style, the
location and building exits and entrances.
c)Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
d)Electric, telephone, cable t.v., and other such lines and equipment must be
placed underground.
e)Demonstrate that the scale, massing and detailing of buildings are compatible
with those prevalent in the surrounding area.
iv)Traffic/Parking
a)The location and number of curb cuts shall be minimized to reduce turning
movements, and hazardous exits and entrances.
b)Provision for access to adjoining properties shall be provided as
appropriate.
c)Driveways shall be located opposite each other wherever possible.
d)Joint access driveways between adjoining properties shall be encouraged.
e)Internal circulation and egress shall provide for traffic safety, and access
to and from minor streets servicing one family dwellings shall be
minimized.
v) Stormwater Management
a)At a minimum all projects subject to Site Plan Review shall comply with the
criteria, specifications, and performance standards of the most recent version
of Massachusetts Stormwater Management Standards and accompanying
Stormwater Management Handbook. The Lake Cochichewick Watershed
Area shall be considered a Critical Area in terms of applicability of the
standards.
23
b)Projects subject to the Bylaw shall also comply with the requirements and
criteria outlined in Sections 7.0 through 10.0 of the North Andover
Stormwater Management and Erosion Control Regulations promulgated under
Chapter 160 of the Town Bylaws (Stormwater Management and Erosion
Control Bylaw).
vi) Landscape Design
a)Landscape designs shall be developed based on soil, light and other site
specific conditions. Plant species shall be chosen for their ability to thrive in
the post-development soil, water and use conditions of the site without
significant supplemental water or fertilizer, once established.
b)Plant species shall be native to inland Essex County or shall be cultivars of
these native species.
Planning Board
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Two Thirds (2/3) Vote
EXPLANATION: This Article proposes to amend Section 8, Supplementary Regulations, to
allow for some minor modifications to text and to make the information required and review
criteria for Stormwater Management consistent with the requirements for other local, state
and federal regulations.
Article 10: Amend Zoning Bylaw Section 13: Continuing Care Retirement Center.
To see
if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 13
Continuing Care Retirement Center (CCRC), by making the following amendments to Subsections
13.1, 13.2, and 13.5(b) (by identifying text which is deleted as strikethrough and text added as
underlined), as follows:
SECTION 13 CONTINUING CARE RETIREMENT CENTER
13.1 Establishment
There is established a Continuing Care Retirement Center (CCRC) as a permitted use under
the Special Permit provision of this Bylaw. Such permitted use may only be authorized in
existing Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may
include an adjoining parcel of land which is in the Residential-1 District, providing provided
that no development shall be permitted in the Residential-1 portion of a CCRC parcel in
excess of ten percent (10%) of the lot areas of the Residential-1 portion within such CCRC
parcel. The authorization will empower the Planning Board to review and approve a
24
definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise
provided for in this section. A CCRC shall include a nursing home care facility and
congregate housing units and may also include independent dwelling units and assisted living
units. A CCRC may also only include any or all of the foregoing housing types provided it is
affiliated with a nursing home.
13.2 Purpose
The purpose of the CCRC is to provide for the development and use of specialized housing
and nursing care for the elderly on the basis of the Planning Board to issue a Special Permit
in the permitted District (2) Districts with greater flexibility from the pattern otherwise
permitted in such districts. It is intended to create health care, including home health care,
housing and other supportive services designed to meet the needs of the elderly population
and to enable that population to live independently. It is further intended to encourage the
preservation of open spaces; to allow for new nursing care facilities and housing that causes
relatively little demand on Town services; and to preserve the Town's residential character. In
creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC
is intended to allow for a greater mixture of buildings, structures and uses with regard to
density than is otherwise permitted thereby allowing for the nursing care of the elderly and
the relief of the physical, economic and emotional stress associated with the maintenance and
care of traditional nursing home and residential properties.
13.5 Standards and Restrictions
Permissible Density. Unless in compliance with the bonus density provisions of
b.
subsection 6., the dwelling unit density shall not exceed an average of four (4) units
per acre in a parcel which is located within the Residential-1 District or Residential-
2 District and five (5) units per acre in a parcel which is located within the Village
Residential District exclusive of the nursing care facility. When a parcel is located in
a combined portion of either the Residential-2 and Residential-1 Districts or the
Village Residential and Residential-1 Districts, a density factor of 2 units per acre
shall be applicable to the portion in the Residential-1 District. However, in no
instance shall any development such as the construction of buildings, roads and
parking lots be permitted in excess of ten percent (10%) of the lots area in that
portion of the CCRC parcel located in the Residential-1 District, nor shall any
development in Residential-2 or Village Residential District adversely impact the
Residential-1 District. For parcels which are located in a combined portion of the
Residential-1 or Residential-2 Districts and the Village Residential District, the
permissible density for each District shall be applicable. Also, in no event shall the
total number of independent dwelling units exceed fifteen (15) percent of the total
number of dwelling units otherwise allowed in any CCRC parcel. Further, in no
instance shall the Floor Area ration of the entire project exceed 0.25, nor shall the
total number of dwelling units exceed 250 300 for any parcel regardless of total
acreage or density bonuses provided under paragraph 6.
25
Or to take any other action relative thereto.
Planning Board
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Two Thirds (2/3) Vote
EXPLANATION: This Article proposes to amend the Continuing Care Retirement Center
by allowing a limited scale development within the Residential-1 Zoning District and to
increase the maximum density allowed from 250 to 300 units.
Article 11: Amend North Andover Zoning Bylaw Section 16: Corridor Development
District.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section
16 Corridor Development District, by making the following amendments to Subsection 16.4 in
order to allow light manufacturing as a permitted use within the Corridor Development District 3
(CDD3) and to Subsection16.5 in order to allow contractor yards, landscaping, lumber or other
building materials, including outdoor sales and outdoor storage of material, equipment, and
supplies within the CDD3 subject to a Special Permit (by identifying text which is deleted as
strikethrough and text added as underlined) as follows:
16.4 Corridor Development District 3 (CDD3) - Permitted Uses
In the Corridor Development District 3, no building or structure shall be reconstructed, erected,
altered or used for any other purpose than the following:
1. Retail uses provided there is no outdoor sales or storage of materials and products.
However, auto sales and repair are not allowed.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
5. Indoor place of amusement or assembly.
6. Outdoor place of amusement or assembly.
7. Public building or use and Public Service Corporation.
8. Professional offices including, but not limited to banks, real estate offices, insurance
offices, physician offices, dentists, attorneys, architects, engineers or accountants. One
drive-through facility shall be permitted every 500 linear feet of street or highway as
measured along centerline.
9. Medical Center.
10. Research and Development Facility not to exceed 25,000 square feet.
11. Printing and Reproduction.
12. Warehousing and Wholesaling.
13. Motel and Hotel.
26
14. Art Gallery.
15. Cultural Center or Museum.
16. Place of worship.
17. Day Care Center.
18. Same-structure/On-site Mixed Use Developments:
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty
percent (50%) of the gross square feet for a two (2) story building and seventy-five
percent (75%) of the gross square feet for a three (3) story building.
19. Light manufacturing, including manufacturing, fabrication, processing, finishing,
assembly, packing or treatment of articles or merchandise provided such uses are
conducted solely within a building and further provided that such uses are not offensive,
noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust,
smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
16.5 Uses Subject to a Special Permit
4. ther building materials, including outdoor
sales and outdoor storage of material, equipment, and supplies within the CDD3 District
provided:
a.The products, material or goods displayed, stored or sold outdoors must not be
visible from any residential use
b.The goods, materials and products permissible for outdoor storage, display and
sales hereunder, shall explicitly exclude automobiles, motorcycles, or other
wheeled vehicles and include only goods, materials, and products, which are
customarily stored, displayed, or sold outdoors without the necessity for cover
from the weather. Fertilizers and other toxic, hazardous chemicals are also
excluded herein.
c.The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage
d.The entire outdoor storage area shall be enclosed by a wall of solid opaque
material such as masonry or solid wood fencing which, in the opinion of the
Planning Board, will not derogate from the surrounding area. Sufficient
landscaping shall be provided around the perimeter of the storage area at the
discretion of the Planning Board.
e.Only living plants can be higher than the surrounding vertical structural screening.
And further that the non-substantive changes to the numbering of this bylaw by the Town
Clerk be permitted in order that it be in compliance with the numbering format of the Zoning
Bylaws of the Town of North Andover.
Or to take any other action relative thereto.
Planning Board
Planning Board Recommendation
:
27
Vote Required Two Thirds (2/3) Vote
EXPLANATION: This Article proposes to amend the Corridor Development District 3
(CDD3) to allow light manufacturing as a permitted use and to allow contractor yards,
landscaping, lumber or other building materials, including outdoor sales and outdoor
storage of material, equipment, and supplies subject to a Special Permit. Following is a map
showing where the district is located.
28
Article 12: Acceptance of a Public Way Hitching Post Road.
To see if the Town will vote
to accept and name Hitching Post Road as a public way as laid out by the Board of Selectmen and
accept deeds to the street and all related easements, as shown on plan entitled Definitive
Subdivision , owner Neil C. & Margaret M. Patnaude,
197 Appleton Street, North Andover, Mass, applicant Charles McLaughlin, 1046 Great Pond
Road, North Andover MA., August 6, 19878Andover Consultants Inc., 1 East
River Place, Methuen, Mass., recorded with North Essex Registry of Deeds as Plan No. 11013
or take any action relative thereto.
Planning Board
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Majority Vote
Article 13: Acceptance of a Public Way Stanton Way.
To see if the Town will vote to accept
and name Stanton Way as a public way, as laid out by the Board of Selectmen, and as shown on a
to accept deeds to the street and all related easements, shown on plan entitled
Definitive Subdivision Plan, Tax Map 61 Lots 16 & 34, & Tax Map 34 Lot 31, 1679 Osgood
Street & Bradford Street, North Andover, MA, Prepared for G.M.Z. Realty Trust, 1679 Osgood
Street, No. Andover, MA 01845, Jones & Beach Engineers, Inc. 85 Portsmouth Avenue, PO Box
and on the above referenced Street Layout Plan.
Or take any action relative thereto.
Planning Board
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Majority Vote
Article Petition to the Town of North Andover-Authorize and
Appropriate Consumer Testing Services for the benefit of the people of the Town of North
Andover.
To see if the Town will vote to adopt the article, as printed in the warrant to authorize
the Town of North Andover to take action to authorize and appropriate Consumer Testing Services
to benefit the people of the Town of North Andover to accommodate, educate and protect
consumers as they approach the consumer marketplace. Appropriation of $10,000,000 with a
29
100% daily interest rate on the principle balance of an ongoing trust account is to be authorized to
take any other action relative thereto by approval of the voters to invest in labor and materials to
administrate consumer benefit programs, invest in resource development, educate, train and
provide employment to benefit the people of the Town of North Andover.
Petition of Joseph Toolan, et al
Board of Selectmen recommendation:
Vote Required: Majority Vote
Article 15-Petition to the Town of North Andover-To see if the Town will
vote to eliminate its local option meals tax.
To see if the Town will vote to eliminate its local
option meals tax.
Petition of Stan Novak, et al
Board of Selectmen recommendation:
Finance Committee recommendation:
Vote required: Majority vote
Article 16: Set Salaries and Compensation of Elected Officials.
To see if the Town will vote
to fix the salary and compensation of the elected officers of the Town, as provided by
Massachusetts General Laws Chapter 41, §108 as follows,
Board of Selectmen/Licensing Commissioners, per person, per annum $5,000
Chairman of Board of Selectmen, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
30
Article 17: Continue and Approve Revolving Funds.
To see if the town will vote to authorize
the following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, §53E ½ for the Fiscal Year beginning July 1, 2016,
Revolving Fund Accounts
AccountRevolving
NumberFundAuthorized to SpendUse of FundsRevenue SourceFY 2017 Limit
12023Wheelabrator Director - Community Air quality monitoringWheelabrator Host $ 35,000
PlanningDevelopment Community
Agreement
22024Wheelabrator Director - Community To enforce Trash Truck Wheelabrator Host $ 20,000
Public SafetyDevelopment regulationsCommunity
Agreement
32025Health Dept - Director - Community Food Consultant fees Inspection Fees$ 30,000
Food Development and expenses related to
Inspectionsprogram
42026Health Dept - Director - Community Septic Consultant fees Inspection Fees$ 20,000
Septic Development and expenses related to
Inspectionsprogram
52027Field Director - Division of Field maintenance, Field rental fees, $ 5,000
MaintenancePublic Worksupgrade and related Grants, Donations,
expensesand related
Fundraising
proceeds
62028Health Dept Director - Community clinic supplies and other Clinic participant $ 30,000
RevolvingDevelopment related materialsfees, Grants,
Donations, and
related Fundraising
proceeds
72029Youth and Director - Division of All programs and Participants' fees, $ 300,000
Recreation Public Worksactivities, expense, part Grants, Donations,
Services time helpand related
RevolvingFundraising
proceeds
82030Elder ServicesDirector of Human Senior programs, Participants' fees, $ 20,000
- COA RevolServicesclasses and activitiesGrants, Donations,
and related
Fundraising
proceeds
9Stormwater Director - Community Review, test and inspect Review Fees$ 50,000
BylawDevelopment Stormwater reports
Total:
$ 510,000
31
Revolving Fund Account Receipts and Expenditures
Receipts Expenditures
AccountBalance FY15 FY15 Balance thru thru
Number7/1/14ReceiptsExpenditures06/30/1502/28/1602/28/16Balance
Revolving Fund
1 2023Wheelabrator $ 100,675$ 25,000$ (14,277) $ 111,398$ 25,000$ (11,086)$ 125,312
Planning
2 2024Wheelabrator $ 69,884$ 13,650$ (2,169) $ 81,365$ 14,300$ (2,695)$ 92,971
Public Safety
3 2025Health Dept - $ 81,669$ 27,785$ (45,469) $ 63,985$ 27,260$ (21,162)$ 70,083
Food
Inspections
4 2026Health Dept - $ 19,406$ 26,685$ (35,686) $ 10,405$ 15,870$ (18,027)$ 8,248
Septic
Inspections
5 2027Field $ 4,484$ 850$ (1,154) $ 4,180$ -$ (3,780)$ 400
Maintenance
6 2028Health Dept $ 33,144$ 15,553$ (17,277) $ 31,420$ 10,906$ (21,959)$ 20,366
Revolving
7 2029Youth and $ 223,371$ 321,968$ (278,996) $ 266,343$ 132,500$ (229,799)$ 169,044
Recreation
Services
Revolving
8 2030Elder Services$ 17,313$ 20,917$ (28,721) $ 9,510$ 11,604$ (14,803)$ 6,310
- COA Revol
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION: This article authorizes the revolving funds shown above for certain Town
departments under Massachusetts General Laws, Chapter 44, §53E½ for the Fiscal Year
beginning July 1, 2016 and ending June 30, 2017.
32
Article 18: Approve Payment of Prior Years Unpaid Bills.
To see if the Town will vote to
authorize payment of the following unpaid bills from prior year(s), by the respective department,
using appropriations of the current fiscal year,
Prior Year Invoices
FY15
VendorAmountDepartment
Police
Andover Electric
2,240.00
Police
Verizon
307.40
Fire
AirGas Inc.
76.40
School
CREST
14,161.05
16,784.85
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Four-fifths (4/5) Vote
EXPLANATION: Any prior fiscal year unpaid bills must be approved by Town Meeting in
order to be processed for payment. All listed bills will be paid from
budget; no additional appropriation is needed. This type of Article has a special voting
th
requirement of 4/5 at an Annual Town Meeting.
Article 19: Appropriation General Fund for Fiscal Year 2017.
To see if the Town will vote
to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2016 and
ending June 30, 2017,
33
FY17 GENERAL FUND BUDGET
Fiscal Year Fiscal Year
Fiscal Year
20172017
2016
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
Revenues & Other Financing Sources
Operating Revenues
Property Taxes67,111,16769,929,61069,929,610
Local Receipts9,068,3349,536,5119,536,511
State Aid10,329,12910,505,08610,505,086
Operating Transfers1,551,3911,588,3651,588,365
Total Operating Revenues88,060,02091,559,57291,559,572
Other Fin. Sources
Free Cash1,435,7600524,017
Overlay Surplus000
Others one time revenues000
Total Other Fin Sources1,435,7600524,017
Total Opr. Rev. & Fin Sources89,495,77991,559,57292,083,589
Operating Expenses
GENERAL GOVERNMENT
Town Moderator825850850
Selectmen/ Town Manager337,194347,265347,265
Asst. Town Manager000
Human Resourse163,262169,348169,348
Town Accountant212,961191,785191,785
Finance Committee795795795
Treasurer/Collector 320,034337,652337,652
Assessing318,115331,998331,998
Legal152,000165,000165,000
Town Clerk306,339343,012343,012
Community Development277,506299,281299,281
Planning 105,075164,834164,834
Conservation118,672122,408122,408
Board of Appeals22,68017,19017,190
Salary Reserve20,000031,091
2,355,4572,491,4182,522,509
34
Fiscal Year Fiscal Year Fiscal Year
20172017
2016
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
PUBLIC SAFETY
Police Department4,853,7515,032,5125,032,512
Fire Department4,975,5245,154,4235,154,423
Public Safety Salary Reserve293,840017,627
Inspectional Services267,924295,058295,058
Emergency Management41,47541,57141,571
10,432,51410,523,56410,541,191
EDUCATION
N A Public School43,612,47945,226,14145,226,141
Full Day Kindergarten 000
Special Education000
43,612,47945,226,14145,226,141
PUBLIC WORKS
Administration433,431447,827447,827
Street & Sidewalks885,008944,073944,073
Solid Waste/Recycling1,288,9521,330,4991,330,499
Fleet Maintenance408,497405,478405,478
Structures & Grounds582,529587,920587,920
Salary Reserve9,541013,694
Snow & Ice Removal875,000890,500890,500
4,482,9584,606,2974,619,991
HEALTH & HUMAN SERVICES
Health Department207,966227,807227,807
Elder Services259,233268,864268,864
Youth Service317,770321,860321,860
Veterans Service420,757416,340416,340
Salary Reserve14,807010,507
1,220,5331,234,8711,245,377
CULTURE & RECREATION
Stevens Library974,8501,011,0301,011,030
Salary Reserve0013,005
974,8501,011,0301,024,035
SUPPORT SERVICES
Outside Auditing55,00055,00055,000
Admin Support50,264131,686131,686
Information Technology1,142,9001,247,7981,247,798
Structures and Grounds303,019312,303312,303
Salary Reserve13,178013,567
1,564,3601,746,7871,760,354
35
Fiscal Year Fiscal Year Fiscal Year
20172017
2016
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
DEBT SERVICE
Excluded - Principal - Long Term1,700,0001,745,0001,745,000
Excluded - Interest - Long Term236,388177,516177,516
Excluded - Interest - Short Term000
Included - Principal - Long Term3,086,2403,273,9023,273,902
Included - Interest - Long Term832,9201,011,9711,011,971
Included - Interest - Short Term2,97000
5,858,5186,208,3896,208,389
EMPLOYEE BENEFITS
Retirement Assessment4,071,4134,432,1914,432,191
Workers Comp351,478393,655393,655
Unemployment Compensation100,00075,00075,000
Group Insurance10,202,42010,585,01110,585,011
Payroll Taxes650,000700,000700,000
Police & Fire Accident & Sickness Inc.123,500135,850135,850
15,498,81116,321,70716,321,707
LIABILITY INSURANCE
444,071420,000420,000
MISC. NON DEPARTMENTAL COST
Regional Schools - Greater Lawrence Tech367,798454,598454,589
Regional Schools - Essex Agricultural School90,000140,370140,370
School Building Committee000
OPEB Trust050,00050,000
Payroll Reserve (27th Payroll)408,34800
866,146644,968644,960
Total Non - Departmental Cost22,667,54623,595,06523,595,056
Annual Town Meeting Vote 87,310,69890,435,17190,534,654
CAPITAL & RESERVES
Finance Committee Reserve000
Transfer to Stabilization Fund64,412060,017
Transfer to Capital Stabilization Fund213,0000350,000
Transfer to OPEB Reserve Fund000
Transfer to Capital Projects00114,800
Transfer to Special Education Stabilization750,00000
Deficits ( Snow and Ice)000
Deficits (overlay)30300
Overlay550,000550,000550,000
1,577,715550,0001,074,817
36
Fiscal Year Fiscal Year Fiscal Year
20172017
2016
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
STATE ASSESSMENTS
Spec Ed12,00412,36412,364
Mosquito Control91,67794,42794,427
Retired Teachers Health Insurance000
Air Pollution Districts9,1959,4719,471
Regional Transit185,331190,891190,891
RMV Non Renewal Surc18,58019,13719,137
School Choice5,0005,1505,150
Charter School Assessment138,522142,678142,678
Essex County Agricultural Assessment000
460,309474,118474,118
General Fund Budget89,348,72291,459,29092,083,589
AND TO FURTHER TRANSFER TO THE GENERAL FUND
FROM SPECIAL REVENUE - GLSD $ 146,703
FROM FREE CASH$ 524,017
$ 670,720
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION: This Article is the Fiscal Year 2017 appropriation of funds for the Town
a statement
on how we choose to allocate the limited collective resources that exist. The operating budget
enables the day-to-day operation functioning of the town by paying for recurring
expenditures for programs and services, employee salaries, rents, utilities, supplies,
insurance and debt service. The Library, Schools, Police Department, Fire Department,
Elder Services and dozens of other town departments rely on this funding to provide services
to you on a daily basis. The level of funding, and the choice of how we allocate that funding
37
at Town Meeting determines the level of services that visitors, residents and businesses
receive in the coming year.
The operating budget consists of local aid received from the Commonwealth, our local taxes
(property, excise and business) and other fees collected by the Town. All town activities, not
specifically directed to other accounts such as Water or Sewer Enterprise Funds, are funded
through this budget. As a
through this appropriation.
Rather than being asked to vote on each line item, Town Meeting is asked to vote on the
various sub-totals listed below reflecting the overall budget for each category. By approving
the sub-totals, rather than individual line items, the Town Manager will have spending
flexibility within those programs so long as the Town Manager does not exceed the sub-total
amount for the category. A majority of the Town Meeting has the right to vote on individual
line items (or in fact, further subdivide them) if so inclined (although this would limit the
General Government $ 2,522,509
Public Safety $ 10,541,191
Education $ 45,226,141
Snow and Ice Removal $ 890,500
All Other Public Works $ 3,729,491
Health & Human Services $ 1,245,377
Culture & Recreation $ 1,024,035
Support Services $ 1,760,354
Debt Service $ 6,208,389
Employee Benefits $ 16,321,707
Liability Insurance $ 420,000
Regional Schools $ 594,960
Other (OPEB Trust) $ 50,000
Article 20: Appropriation Water Enterprise Fund for Fiscal Year 2017.
To see if the
Town will vote to appropriate the amount of $4,984,020 in aggregate, for the purpose listed under
column "FY17 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for
the Fiscal Year beginning July 1, 2016 and ending June 30, 2017; without regards to individual
line items, and to operate the Water Enterprise Fund, that $4,984,020 be raised from Water receipts
and from these receipts $946,308 be transferred to the General Fund for indirect cost and $475,000
to Capital Projects,
38
WATER ENTERPRISE
FY17
Recommendation
FY17Town Manager
FY16DepartmentBoard of Selectmen
BudgetRequestFinance Committee
Personnel
940,600936,376939,290
Expense
1,541,1651,603,6651,600,751
Debt Service
1,282,2761,022,6701,022,670
Sub-Total Direct Expenditures3,764,0413,562,7113,562,711
Transfer to Capital Projects
635,000475,000475,000
Admin/Indirect
923,227946,308946,308
Total Water Enterprise5,322,2684,984,0204,984,020
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund. The
fund is supported by water usage charges. The water rate is set by the Board of Selectmen
and is established based on the total expenses of the department, including debt service,
direct and indirect expenses and the consumption of water by the users. Indirect costs are
associated with the Division of Public Works supervision, General Government costs and
fringe benefits that are related to the operation of the Water Department and are expensed
through the General Fund, or operating budget. In addition a transfer from retained
earnings in the amount of $475,000 is recommended to cover pay-as-you-go Capital Projects.
An affirmative or yes vote will ensure the operation of the water department according to
projected needs.
Article 21: Appropriation Sewer Enterprise Fund for Fiscal Year 2017.
To see if the Town
will vote to appropriate the amount of $4,628,412 in aggregate, for the purpose listed under the
7 Recommendation: Town Manager, Board of Selectmen, Finance Committee
the Fiscal Year beginning July 1, 2016 and ending June 30, 2017; without regards to individual
line items, and to operate the Sewer Enterprise Fund, that $4,628,412 be raised from sewer receipts
and from these receipts $445,321 be transferred to the General Fund for indirect expenses and
$150,000 to Capital Projects,
39
SEWER ENTERPRISE
FY17
Recommendation
FY17Town Manager
FY16DepartmentBoard of Selectmen
BudgetRequestFinance Committee
Personnel
406,459381,788383,649
Expense
322,970306,870305,010
GLSD Assessment
1,721,2002,000,0002,000,000
Debt Service
1,549,8471,344,4331,344,433
Sub-Total Direct Expenditures4,000,4764,033,0914,033,091
Transfer to Capital Project
80,000150,000150,000
Admin/Indirect
434,460445,321445,321
Total Sewer Enterprise4,514,9364,628,4124,628,412
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION:The purpose of this article is to fund the Sewer Enterprise Fund. The
Fund is supported by sewer usage charges. The sewer rate is set by the Board of Selectmen
and is established based on the total expenses of the department, including debt service,
direct and indirect expenses and the use of sewer services by residents and businesses.
Indirect costs are associated with the Division of Public Works supervision, General
Government costs and fringe benefits that are related to the operation of the Sewer
Department and are expensed through the General Fund, or operating budget. In addition
a transfer in the amount of $150,000 from retained earnings is recommended to cover pay-
as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the
department according to projected needs.
Article 22: Appropriation Stevens Estate Enterprise Fund for Fiscal Year 2017.
To see
if the Town will vote to appropriate the amount of $475,702 in aggregate, for the purpose listed
under the column "FY17 Recommendation: Town Manager, Board of Selectmen, Finance
Committee" for the Fiscal Year beginning July 1, 2016 and ending June 30, 2017; without regards
40
to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that
$475,702 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $50,032 be
transferred to the General Fund for indirect expenses and $125,000 be transferred from Retained
Earnings to Capital Projects,
STEVENS ESTATE
AT OSGOOD HILL ENTERPRISE
FY17
Recommendation
FY17Town Manager
FY16DepartmentBoard of Selectmen
BudgetRequestFinance Committee
Personnel
127,801143,162143,162
Expense
146,069157,508157,508
Debt Service
000
Sub-Total Direct Expenditures
273,870300,670300,670
Transfer to Capital Project
0125,000125,000
Admin/Indirect
48,81248,81250,032
Total Stevens Estate Enterprise322,682474,482475,702
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION: The purpose of this article is to appropriate funds to operate the Stevens
Estate at Osgood Hill. Fees charged to individuals and groups using the facility and grounds
for private events support the Estate. In addition a transfer in the amount of $125,000 from
retained earnings is recommended to cover pay-as-you-go Capital Projects. An affirmative
or yes vote will ensure the operation of the department according to projected needs.
Article 23: Appropriation Capital Improvement Plan for Fiscal Year 2017
. To see if the
Town will vote to fund the Capital Improvement Program
and with the language
included,
41
FY17 CIP
Recommendations
Board of SelectmenAuthorized to
Other Funding
Finance CommitteeSourcesBorrow under
Retained Earnings/
Town Manager (Grants, Chapter 90, Raise & Free Cash/CIP Excess bond
Line #Project DescriptionRecommendationsCPA & Spec Rev)AppropriatedStabilizationProceedsChapter 44
Municipal IT (FY17-FY21)
$ 50,000$ - $ 50,000
1
Voting Equipment Replacement
$ 62,800$ (62,800)$ -
2
Building Maintenance (FY17-FY21)
$ 225,000$ 225,000
3
Sport Turf Field Surface Replacement
$ 100,000$ (100,000)$ -
4
School IT (FY17-FY21)
$ 100,000$ 100,000
5
Roadway (FY17-FY21)
$ 1,230,000$ (820,000)$ 410,000
6
Sidewalks (FY17-FY121)
$ 75,000$ 75,000
7
Equipment Sweeper
$ 185,000$ 185,000
8
Water & High St Intersection & Streetscape
$ 325,000$ 325,000
9
6 Wheel Dump Truck
$ 180,000$ 180,000
10
Replacement Mini Bus
$ 52,000$ (52,000)$ -
11
Facilities Master Plan
$ 4,620,885$ 4,620,885
12
Playground Improvements (townwide)
$ 50,000$ 50,000
13
Intergrated Public Safety Reporting System
$ 208,875$ 208,875
14
Replace Ambulance
$ 268,197$ 268,197
15
General Fund Total
$ 7,732,757$ (820,000)$ - $ (214,800)$ - $ 6,697,957
Ozone System
$ 200,000$ -$ - $ (200,000)$ - $ -
16
Chemical Storage Tank & Feed System Improv.
$ 175,000$ (175,000)$ -
17
Value & Hydrant Repalcement
$ 100,000$ (100,000)$ -
18
Water Enterprise Fund Total$ 475,000$ -$ - $ (475,000)$ - $ -
Improvements to various Pump Stations
$ 150,000$ -$ - $ (150,000)$ - $ -
19
Sewer Enterprise Fund Total
$ 150,000$ -$ - $ (150,000)$ - $ -
Main House Improvements
$ 110,000$ (110,000)$ -
20
Streetscape Improvements
$ 15,000$ (15,000)$ -
21
Stevens Estate Fund Total
$ 125,000$ -$ - $ (125,000)$ - $ -
Total All Funds
$ 8,482,757$ (820,000)$ - $ (964,800)$ - $ 6,697,957
that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $6,697,957
under chapter 44 of the Massachusettes General Law or any other enabling authority;
(2) The appropriations for items 2 and 11 above shall be funded with Free Cash in the amout of $114,800
(3) The appropriation for item 4 above shall be funded with a transfer from Capital Stabilization Fund
in the amount of $100,000
(4) The appropriations for items 16, 17, 18 & 19 above shall be funded with Water Enterprise fund retained earnings
in the amount of $625,000
(5) The appropriation for item 20 & 21 above shall be funded with Stevens Estate Enterprise fund retained earnings
in the amount of $125,000
or to take any other action relative thereto.
Town Manager
Board of Selectmen Recommendation:
42
Finance Committee Recommendation:
Vote Required: Two-thirds (2/3) Vote
EXPLANATION: A Capital Improvement Plan (CIP) consists of projects that are major,
non-routine expenditures for new construction, major equipment purchase, or improvement
to existing buildings, facilities, land or infrastructure with an estimated useful life of five
years or more, and a cost of $25,000 or more. Items in this plan are funded by debt; the Town
will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and
interest payments over that term. The bonds may be general obligation (funded by the
general tax levy) or special obligation (funded by water or sewer rates).
Article 24: Transfer to Stabilization.
To see if the Town will vote to transfer $60,017 from
available funds or free cash into the Stabilization Fund,
or to take any other action relative thereto.
Town Manager
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Two-thirds (2/3) Vote
EXPLANATION: This
Stabilization Fund. The amount requested allows the town to comply with the provisions of
the Financial Reserve Policies to maintain a total fund balance of 5% of General Fund
Revenues. This is a fund designed to accumulate amounts for future spending purposes,
although it may be appropriated for any lawful purpose (MGL c40, §5B). Communities may
establish one or more stabilization funds for different purposes and may appropriate into
interest shall be added to and become a part of the funds. A two-thirds vote of town meeting
is required to establish, amend the purpose of, or appropriate money from the stabilization
fund.
43
Article 25: Transfer to Capital Stabilization.
To see if the Town will vote to transfer $350,000
from available funds or free cash into the Capital Stabilization Fund,
or take any other action relative thereto.
Town Manager
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Two-thirds (2/3) Vote
EXPLANATION: This capital savings account,
called the Capital Stabilization Fund. This is a fund designed to accumulate amounts for
future capital spending purposes. Communities may establish one or more stabilization
funds for different purposes and may appropriate into them in any year an amount not to
part of the funds. A two-thirds vote of town meeting is required to establish, amend the
purpose of, or appropriate money from the stabilization fund.
Article 26: Transfer of funds from Health Insurance Trust Fund to Other Post- Employment
Benefits (OPEB) Liability Trust Fund.
To see if the Town will vote to transfer a sum of
$250,000 from the Health Insurance Trust Fund into the Other Post-Employment Benefits (OPEB)
Liability Trust Fund,
or take any other action relative thereto.
Town Manager
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION: The Other Post-Employment Benefits (OPEB) Liabilities Trust Fund was
established by vote of Annual Town Meeting of 2010 to reserve funds to offset the liability
resulting from providing health insurance benefits to employees after they retire. The Health
Insurance Trust Fund has a sufficient surplus to allow a transfer to this Fund. Dollars were
first transferred into this Fund in FY16 ($500,000). These funds are invested in the
Massachusetts Pension Reserves Investment Trust.
44
Article 27: Report of the Community Preservation Committee Appropriation From
Community Preservation Committee Fund.
To receive the report of the Community
Preservation Committee and to see if the Town will vote to raise, borrow, transfer and/or
appropriate from the Community Preservation Fund, in accordance with the provisions of
Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the
Community Preservation Committee,
or to take any other action relative thereto.
List of Approved Projects Community Preservation Fund
Description Amount Category
45 Milk Street Preservation $ 1,200,000 Open Space
Affordable Housing Trust $ 100,000 Affordable Housing
Bingham Way Senior/Disabled Housing $ 480,000 Affordable Housing
Leonard Farm Conservation Restriction $ 325,000 Open Space
Library Roof Repair $ 400,000 Historical Preservation
Parson Barnard Barn Structural Renovation $ 148,000 Historical Preservation
Playground Renovation-Kittredge School $ 100,000 Recreation
Ridgewood Cemetery Landscape $ 550,000 Historical Preservation
Administrative Costs $ 30,000 Administrative and
Operating expenses
Total for Requested Projects $ 3,333,000
Community Preservation Committee
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Planning Board Recommendation:
Vote Required: Two-thirds (2/3) Vote
EXPLANATION: The Community Preservation Act (CPA) addresses community issues
such as acquisition and preservation of open space, creation and support of affordable
housing, acquisition and preservation of historic buildings and landscapes, and creation and
support of recreational opportunities. The CPA, adopted at a Special Town Meeting in
January 2001, and by the voters at the Town Election in March 2001, levies a 3% surcharge
45
on property taxes with two exemptions: $100,000 of the value of every residential property
is exempted, and a complete exemption on property owned and occupied by people who
qualify for low-income housing or low- or moderate-income senior housing.
The Community Preservation Committee (CPC) annually recommends how funds should be
spent or set aside for future spending among the allowable categories of a) open space; b)
historic preservation; c) affordable housing; and d) land for recreational use, with a
minimum of 10% required in each of the first three categories. In addition, a maximum of
5% may be spent on administrative expenses by the CPC. Town Meeting may either approve
or reduce the recommended expenditures, but cannot add to them. North Andover received
matching funds equal to $485,256 or 32.95% in FY16 from the Commonwealth.
Article 28: PEG Access and Cable Related Fund
To see if the town will accept General Laws
Chapter 44, Section 53F¾, which establishes a special revenue fund known as the PEG Access
and Cable Related Fund, to reserve cable franchise fees and other cable-related revenues for
appropriation to support PEG access services and oversight and renewal of the cable franchise
agreement, the fund to begin operation for fiscal year 2017, which begins on July 1, 2016
or take any other action relative thereto.
Town Manager
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
EXPLANATION: This Department of Revenue now requires towns to annually appropriate
and the Town. These monies shall only be appropriated for cable related purposes consistent
with the franchise agreement, including, but not limited to: (i) support of public, educational
or governmental access cable television services; (ii) monitoring compliance of the cable
operator with the franchise agreement; or (iii) preparing for renewal of the franchise license,
or take any other action related thereto. This will now be a regular article at our Annual
Town Meeting. This change was introduced by the DOR for purposes of review,
measurement and over-sight.
46
47
NOTES:
48
2016
SPECIAL TOWN MEETING WARRANT
Special Town Meeting May 10, 2016
7:15 P.M.
North Andover High School
430 Osgood Street
49
Special Town Meeting Warrant
May 10, 2016
COMMONWEALTH OF MASSACHUSETTSESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430
Osgood Street, Tuesday, May 10, 2016, at 7:15 PM then and there to act upon the following
articles:
Article 1: Transfer to funds from Special Education Stabilization Fund to Fiscal Year 2016
School Department budget.
To see if the Town will vote to transfer a sum of $150,000.00 from
the Special Education Stabilization Fund to the Fiscal Year 2016 School Department Budget,
or take any other action relative thereto.
School Committee
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Two-thirds (2/3) vote
EXPLANATION: The Special Education Stabilization Fund was established by vote of
Annual Town Meeting of 2015 to reserve funds in order to provide stability in the delivery
of public education that could otherwise be adversely impacted by costs associated with
special education which were unforeseen at the time the annual fiscal appropriation for the
school department was adopted by an Annual Town Meeting. Unforeseen costs are those for
which neither experience nor reasonable judgment nor planning could have anticipated. In
accordance with the inancial Reserve Policies, the Board of Selectmen, Finance
Committee and the School Committee have all, by majority vote, affirmed the costs were
unforeseen and paying said costs from the appropriated school department budget would
adversely impact the delivery of education in North Andover.
50
PLEASE BRING THIS BOOKLET WITH YOU TO
TOWN MEETING!!
TOWN OF NORTH ANDOVER
ANNUAL TOWN MEETING
TUESDAY, MAY 10, 2016
7:00PM
NORTH ANDOVER HIGH SCHOOL
website at www.townofnorthandover.com, on the North Andover Cable
Channel, and in our local newspapers.
If you need any special accommodations for the meeting please call the Town
-688-9502.
Please participate in this very important meeting!
51
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