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Home My WebLink AboutCHARTER COMMISSION MINUTESGENERAL BY-LAWS OF I'HE 'TOW, OF NORTH ANDOVER . 1.1 Date of Adoption 1.2 The by-laws contained herein shall be. in force and effect on and after May 29, 1979. Repeal of Previous By-Laws All by-laws or parts of by-laws heretofore adopted which are in- consistent with the provisions of these by-laws are hereby repealed and annulled; but the provisions of the foregoing by-laws so far as they are the same as the provisions of by-laws hereto- fore adopted shall be construed as a continuation thereof, and not as new enactments. The repeal of a by-law heretofore adopted shall not affect any act done, ratified, or confirmed, or any right accrued or established, or any action, suit, or proceeding commenced or had in civil case, nor affect any punishment, penalty, or forfeiture incurred under such by-law. 1.3 AmJndment Procedure These by-laws may be amended or repealed at any town meeting, pro- vided, an article orarticles for that purpose have.been inserted inthe warrant of said meeting. 1.4 Separability Clause If any provisional these by-laws shall be held invalid, the remainder Shall not be affected thereby. 1.5 Penalty Provisions Any. person violating any by-laws or regulations of the town shall, in cases not otherwise provided for, be punished therefor by a fine of fifty dollars for each such offense. 1.6 Noncriminal Oisp6sitions of Violations Violations of any provisions of these by-laws or rules and regula- tions of any town department or board may be handled as a noncri- minal offense in accordance with the provisions of chapter 40, section 21 d. of the general laws. CHAPTER l: GENERAL PROVISIONS ~ Y~-~-~ 1.1 Date of Adoption The by,laws contained herein shall bein force and effect on and after May 29, 1979. 1.2 Repeal of Previous By-Laws All by-laws or parts of by-laws heretofore adopted which are in- consistent with the provisions of these by-laws are hereby repealed and annulled; but the provisions of the foregoing by-laws so far as they are the same as the provisions of by-laws hereto- fore adopted shall be construed as a continuation thereof, and not as new enactments. The repeal of a by-law heretofore adopted shall not affect any act done, ratified, or confirmed, or any right accrued or established, or any action, suit, or proceeding commenced or had in civil case, nor affect any punishment, penalty, or forfeiture incurred under such by-law. 1.3 AmJndment Procedure These by-laws may be amended or repealed at any town meeting, pro- vided, an article orarticles for that purpose have.been inserted in the warrant of said meeting. 1.4 Separability Clause If any provision ef these by-laws shall be held invalid, the remainder Shall not be affected thereby. 1.5 Penalty Provisions Any. person violating any by-laws or regulations of the town shall in cases not otherwise provided for, be punished therefor by a fine of fifty dollars for each such offense. 1,6 Noncriminal Dispositions of Violations Violations of any provisions of these by-laws or rules and regula- tions of any town department or board may be handled as a noncri- minaloffense in accordance with the provisions of chapter 40, section gl d. of the general laws. 2.1 ~HAPTER 2: IOWN MEETING 33 Date of Elections The annua1 town meeting for election of officers shall be held on the first Monday in March. 2.2 Date of Annual Business Meeting After the election of town officers whose names appear on the official ballot, and the vote upon such questions as may also appear, the annual meeting in each year shall stand adjourned for the consideration of all other matters in the warrant to 1:30 o'clock in the afternoon of the fourth Saturday in April, at a place to be designated by the selectmen in the warrant for said meeting. The warrant shall also state the date and hour of said adjournment. 2.3 Adjournment 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 adjourned meeting to duly posted in three or more public places in each precinct in the town 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. 2.4 Postin~ Warrant 2.5 The warrant for any town meeting shall be directed to either of the constables, who shall serve the same by posting a true and attested copy thereof at the town office building and at five or more public places in each precinct of the town, not less than seven days before an annual town meeting and fourteen days before a special town meeting. Quorum No business shall be transacted at any annual or special town' meeting except by the unanimous vote of those present and voting, unless there shall be present at least 1.5% of the registered voters of the Town~ provided however, that a number less than s~ch quorum may adjourn such meeting from time to time. 2.6 Reconsideration Vote Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsidera- tion of any action taken by any town meetingshall be entertained during that meeting or any adjourned sesstonthereof. 2.7 Secret Ballots Upon motion duly made and seconded, at any annual or special town meeting, and upon the affirmative vote of at least 25% of the · voters present at said annual or special town meeting, any article in the warrant for the said annual or special town meeting shall be voted upon by Australian {secret) ballot. 2.8 Appropriations {Money Articles) An article in the warrant for any town meeting proposing that the Town vote to "raise and appropriate" a sum of money for appropria- tion may be met not only by taxation, but also by proper transfer from available funds in the tov~n treasury, or by proper municipal borrowing or by any or a combination of these sources of funds, all as the Town may vote. 2.g Appropriation at Special Town Meetings no article calling for the appropriation of funds shall be consi- dered at any special town meeting unless the proposed expenditure is recommended by the Selectmen and the Advisory Committee. 3.1 Selectmen CHAPTER 3. ADMINISTRATION (A) Town Defense The Selectmen, in addition to their general duties, shall have authority to defend suits brought against the Town, unless otherwise ordered by a vote of the Town. (B) Annual Report The Selectmen shall annually cause a report to be printed ~hich shall contain a statement of their doings during the p~eceding financial year, together with a report of the School Committee, and of such other officers, boards and committees as they may designate. Such reports shall contain detailed information as to the action of the Town taken at town meet- ings held since the last such report, and data as to such other ~atters as they may deem expedient or as the Town may vote to have included therein. Such annual town report shall be bound in pamphlet form, and shall be ready for distribution to any interested person prior to the annual town meeting in each year. 3.2 35 Advisory Committee {Al Organization There shall be an Advisory Committee consisting of nine citi- zens of the Town, other than town officers, appointed or elected. The Moderator shall appoint three members each year for a term of three years, the terms of said members to expire on the thirtieth day of June. For the initial commit- tee to be appointed hereunder, the Moderator shall appoint three members for a term of two years and three members for a term of one year, all of such terms to expire on the thirtieth of June at the end of such term. Any member of said committee who.shall be appointed or elected to Town office or a commit- tee or board other than the Personnel Board or the Capital Outlay Committee shall forthwith upon his qualification in such office, and any member who has removed from the Town shall upon suchmove, cease to be a member of said committee. The Moderator may rescind an appointment to the committee if the appointee has failed to attend one-half of its regular meetings and may fill any vacancy for the unexpired term. Said committee shall choose its own officers. The members of said committee shall serve without salary. The Advisory Com- mittee may employ, subject to an appropriation therefor, a secretary. In the event of any vacancy in its membership, the Advisory Committee shall notify the Moderator in writing, and the Moderator shall thereupon fill such vacancy. (B) Reco~,~mendations on Articles lhe Advisory Committee shall consider all matters of business included within the articles of any warrant for a town meet- ing, and shall after due consideration, make a report or recommendation as to each article. The recommendations shall be those of a majority of those present and voting, provided that a quorum of five (5) members of the connittee shall be present,, but this shall not be construed to prevent recommen- dations or reports by a minority of said committee. (C) Authority to Investigate Departments The Advisory Committee shall have authority at any time to investigate the books, accounts and management of any depart- ment of the Town, and to employ such expert and other assis- tance as it may deem advisable for that purpose and the books and accounts of all departments and officers and any person 36 employed by it for that purpose. The committee may appoint sub-committees of its members and delegate to them such of its powers as it deems expedient. (D) Annual Budget The various boards, officers and committees charged with the expenditure of Town money shall, not later than the fifteenth of .December of each year, prepare detailed estimates of the amounts deemed by them necessary for the administration of their respective offices or departments for the ensuing fiscal year, with explanatory statements of the reasons for any changes from the amounts appropriated for the same purpose i~ the preceding year. They shall also prepare estimates of all probable items of income which may be received by them during the ensuing year in connection with the administration of their departments requested by them for the ensuing fiscal year. Such estimates and statements shall be filed with the Executive Secretary who shall at once transmit the same to the Advisory Committee, and shall be on forms approved by the committee. The Advisory Committee shall duly consider the estimates and statements filed by the Town boards, officers, and con~nittees and may confer with said boards, officers, and committees, and hold hearings, if they deem it advisable. The Advisory Committee shall thereupon rec~,a,end such sums and in such division of items as it considers necessary and conveni- ent. (E) Hearings and Reports (Fl The committee shall give at least one public hearing not less than ten days preceding the date of the annual business meet- ing, upon all matters to be considered by them. They shall prepare and distribute among voters prior to said meeting, printed copies of such findings and recon~nendations as they see fit to make, and shall report ~he same to said meeting. For this purpose and for the performance of their other duties, hereunder, they may incur such reasonable expenses as may be necessary. Rules and Regulat(ons The committee may make such rules and regulations, not inco6- sistent with this section or any other by-law of the Town or with the general laws of the Commonwealth of Massachusetts, as it may deem necessary and advisable, to carry out its duties and obligations. 3.3 Capital Budget Committee (Al Organization (BT There is hereby established an unpaid committee to be known as the Capital Budget Committee, composed of one member of the Advisory Committee, appointed by and from it, one member of the Planning Board appointed by and from it, the Town Accoun- tant, ex-officio, and four additional members to be appointed by the Selectmen. The members from the Advisory Committee and the Planning Board shall be appointed for one year terms. The other members shall originally be appointed for terms of one, two, three and four years, and thereafter for four year terms. lhe terms of appointive members shall expire on June 30 of the appropriate year. Vacancies shall be filled for the unex- pired terms and in the manner of the original appointments. Du ti es The committee shall annually prepare a capital budget program for use by the Advisory Committee, the Planning Board, the voters and other town boards and officials in their delibera- tions. The committee shall publish Such report or a summary thereof in a suitable manner, deposit the original with the Town Clerk and present it to each annual town meeting for its action. 3.4 Council on Agina ~'~' ' (Al Organization ' lhere is hereby established a local Council on Aging, consist- ing of not less than seven nor more than eleven voting members. Council members shall be appointed by the Selectmen from interested and representative groups in the community upon consideration of recommendations-by-the existiQg council. Duties lhe council shall be responsible to the Selectmen, and its members shall serve without compensation, and ~vithin the limits of available funds it may appoint such employees as it may require. It shall be the duty of the council to oversee the operation of the senior center and to carry out programs and services designed to meet the needs of the elderly in coordination with approp)'iate local, state and federal agencies. 38 3.5 Conservation Commission (Al Performance Guarantee Requirement The Conservation Commission shall be empowered to requi~e a performance guarantee for work authorized by any order issued by said co~ission under section 40 of chapter 131 of the · General Laws. Such work may be secured by a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the commission to secure performance of the work authorized. Such bond or security if filed or deposited shall be approved as to form and manner of execution by Town'Coun- sel. Release of any such performance guarantee shall be made upon issuance by the commission of a certificate of compliance with its order. purpose of this by-law is to protect the floodplains and wetlands of the Town of North Andover by controlling activities deemed to have significant effect upon wetland -~_-~ values, including but not limited to the following: public or private water supply, groundwater, flood con- trol, erosion control, storm damage, water pollution, fisheries, wildlife, recreation, and aesthetics. No person shall remove, fill, dredge, or alter any bank, fresh water wetland, beach, marsh, meadow, bog, swamp, or lands bordering creek, river, stream, pond or lake, or any land under said waters or any subject to storm fl~w- age, of flooding, other than in the course of maintain- ing, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other'telecm,,~unication services, without filing written notice of his intention so to remove, .. fill, dredge or alter and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Such notice shall be sent by cer- tified mail to the North Andover Conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on th~ environment. The same no,ice, plans and specifications required to be filed by an applicant under Massachusetts General Laws, chapter 131, section 40, may be accepted as fulfilling the requirements of this By-law. The said cb,,,ission, in its discretion, may hear any oral presentation under this By-law at the same public hearing required to be held under the provisions:of said chapter 131, section 40, of the Massachusetts General Laws. After due notice and public hearing, the commission may promulgate rules and regulations to effectuate the purposes of this by-laW. Failure by the con~nission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this by-law. The term "person," as used in this by-law, shall include any individual, group of individuals, association, part- nership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof, administrative agency, public or quasipublic corporation or body, or any other legal entity or its legal representative, agents or assigns. The commission shall make a determination as to whether or not this by-law applies to a specific situation prior to the filing of a written notice of intent under the provisions hereof, within twenty-one (21) days of the receipt of a written request sent by certified mail from any person desiring such determination. The commission, its agents, officers and employees, may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this by-law and may make or cause to be made such examination or survey as de~med necessary. 5. The Conservation Commission is empowered to deny permis- sion for any removal, dredging, filling, or altering of subject lands within the Town if, in its judgement, such denial is necessary to preserve environmental quality of either or both the subject lands and contiguous lands. Due consideration~hall be given to possible effects of the proposal on all values to be protected under this by- law and to any demonstrated hardship on the petitioner by " re,son of a denial, as brought forth at the public hearing. 6. )be commission may as an alternative to a denial, imPose such conditions as it deems necessary'to contribute to the protection and preservation of subject to the same' constraints and may be identical to any such order issued by the North Andover Conservation Commission under the provisions of Massachusetts General Laws, Chapter 131 section 40. · ' 10. The notice required by the first paragraph of this by-law shall not apply to emergency projects necessary for the protection of the health or safety of the citizens of North Andover and to be performed or ordered to be per- formed by an administrative agency of the Commonwealth Or by the lown. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Quality Engineering and the Conservation Connission if this by-law and Massachusetts General Laws, Chapter 132, section 40, are both applic- able, or by the Conservation Commission if only this by- law is applicable. In no case shall any removal, filling, dredging or alteration authorized by such certification extend beyond the time necessary to abate the emergency. Any person who violates any provision of this by-law or of any condition or a permit issued pusruant to it shall be punished by a fine pursuant to Massachusetts General· Laws, Chapter 40, section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition vio- lated shall constitute a separate offense. This by-law may be enforced pursuant to Massachusetts General Laws Chapter 40, section 21D, by a lown police officer or other officer having police powers. The commission may, as part of its order of conditions require, in addition to any security required by any other Town or state board, commission, agency or officer, that the performance and observance of the conditions imposed under this by-law be secured by one, or both, of the methods described in the following clauses: By a proper bond or the deposit of money or negoti- able securities sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such order of conditions. By a conservation restriction, easement, or other · covenant running with the land, executed and pro- perly recorded (or registered, i6 the case of registered land). The applicant shall have the burden of proving by a pre- ponderance of the credible evidence that the work proposed by him in his notice of intention will not cause signifi- cant harm to the interest sought to be protected by this by-law. Failure to provide to the Conservation Commission A1 adequate evidence for it to determine that the ~roposed work does not cause significant harm to the interest · sought to be protected by this by-law shall'be sufficient cause for the Conservation Co,~))ission to deny such permit or to grant such permit with such conditions as it deems. rea§onable, necessary or desirable to carry out the purJ poses of this by-law or to postpone or continue the hear- ing to another date certain to enable the applicant and others to present additionallevidence, upon such terms and conditions as seems to the commission to be just. ll. Any application submitted under this by, law will not be considered complete until such time that a fee is sub- mitted to the Conservation Co~nission to the Town of '-'North Andover. Said fee will be submitted pursuant to the following rules and fee schedule: A. Rules a. Permit fees are payable at the time of applica- tion and are nonrefundable. b. Permit fees shall be calculated by this department per schedule below. c. Town, county, state or federal projects are exempt from fees. No fee is charged for requests of determination under the law or extensions of order of condi- tions. Failure to comply with the law after official notification shall result in fees twice those normally assessed. B. Fees a. Wetlands By-law hearing: $25.00 (i.e., dwell- ing, tennis court, swimming pool, bridge, etc.). b, Multiple dwelling units shall be charged per dwelling unit. c. Commercial and industrial projects: $25.00 + $5.00 per $10,000 of established general con- struction over $100,000. 42 I I I 3.6 Any person who purchases, inherits or otherwise acquires real estate upon which work has been done. in violation of the provisions of this by-law or in violation of any order issued under the by-law shall forthwith comply with any such order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is co~nenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. 13. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision there- of, nor shall it invalidate any order of conditions which have previously become final. {C) Sx~e~?lyC?nsel - _ upon recommenaa[ion of the ~onserva[ion ~ommission, the Board of Selectmen may employ Special Counsel to assist the Conser- vation Commission in carrying out the legal aspects, duties and requirements of Sections 3.5(A} and 3.§{B}. (D)~-Establis~ment~/T~°[~/Guidelines-~-~, ~.' -~:'e~owered~~~o ~--~"/'~ establis~ mne ~onservation [ommiss~on shall be "Guidelines Governing Organization and Operation of the North Andover Conservation Commission.~' The guidelines shall include: U) name and purpose, (2) list of duties of offi- cers, (3) election of officers, (4) duties of members, (5) list and duties of co~ittees, (6) operating rules, and obher items found necessary by the Conservation Commission. Zoning Board of Appeals (Al Organization Thre shall be a Zoning Board of Appeals, which shall have the powers and duties prescribed by, and which shall besubject to the provisions of Chapter 40a, section 12 of the General Laws of the Commonwealth. Said board shall consist of five regular members, to be appointed by the Selectmen for terms of such' length and so arranged, that the terms of one .appointee will expire on April 30th of each year. The Selectmen shall also appoint two associate members of said board for terms of such length, and so arranged, that the terms of one such appointee will also expire on April 30th of each year. The Chairman of the Zoning Board of Appeals shall, when necessary, designate 43 one of the associate members thereof to serve in the place of a regular member who is absent or is for any reason disquali- fied or unable to act in a particular case, and, when so designated, such associate members shall have the po~rs and perform the duties of such regular member during the latter~s absence or disqualification. 3,7 To~n ~ounsel ~ '., ' ~ A majority of a committee consisting of the Town Clerk, the . To~n Treasurer, the Moderator, the Highway Surveyor, and after a vote of each of the follov~ing boards or committees: the Chairman of the Board of Selectmen, the Chairman of the Board of Assessors, the Chairman of the Board of Public Works, the School Committee Chairman, the Board of Health Chairman, and the Chairman of the Planning Board shall annually in June appoint and, subject to appropriation therefor, fix the com- pensation of an attorneyat-lawwho shall be a member in good standing of the bar of the Commonwealth, to serve as Town Counsel at the pleasure of the appointing committee. Said committee shall fill any vacancy in said office for the unex- pired term thereof. The Selectmen may employ special counsel whenever, in their judgement, the necessity therefor arises. CB) Duties The Town Counsel shall, sbbject to the direction of the Selectmen, conduct the prosecution, defense or compromise of legal proceedings to which the Town is a party and the prose- cution or defense as the case may be, of legal proceedings by or against any Town officer, board or committee. He shall prepare or approve legal instruments to which the Town is a party or in which any right of interest is involved, shall advise any Town officer, board or con,hi,tee upon legal matters and proceedings affecting the performance of his or its offi- cial duties, and shall perform such other duties as may be imposed upon him by these by-laws or vote of the Town, and as further-set forth in a memorandum of agreement to be estab- lished by the Board of Selectmen with the ~dvice of the appointing committee. 3.8 Greater Lawrence Sanitary District Representative The Selectmen shall have the power and authority to appoint, by majority vote, members of the Greater Lawrence Sanitary District, established by Chapter 750 of the Acts of 1968. 44 3.9 Gas Ins. pector The Selectmen shall rix, and shall from time to time by their order amend, a schedule of fees to be charged for gas inspections.. 3.10 Inspector of Wires The Selectmen shall annually, in April,-appoint an Inspector of Wires who shall have the powers and duties prescribed by Section 32 of Chapter 166 of the General Laws and all other governing statutes and duty prescribed rules and regulations. At the same time, they shall appoint an Assistant Inspector of Wires, who shall, in the absence or other disability of the Inspector, per- form his duties as the Selectmen may direct. The Selectmen shall also fix, and may from time to time by their order amend, a schedule of fees to be charged for wire inspections. 3.11 Civic Holiday Celebration Committee The Selectmen shall annually appoint a committee of nine voters of the Town, to be known as the Civic Holiday Celebration CO,lmittee, each of whom shall hold office for the term of one year, or until his successor shall have been duly appointed and qualified. The unexpired term of any member of said committee shall be filled by the Selectmen. Said committee shall expend all or part of such funds as the Town may appropriate therefor for the public obser- vance and celebration of the Fourth of July and of such other legal holidays, or days of historic interest to the Town, as the Selectmen may from time to time designate. 3.12 Building Permit Fees The estimated construction costs of new construction shall be based upon a cost factor of twenty-five dollars ($25) per square foot. . . Estimated construction cost of additions, alterations and remodel- ing shall be the actual contract price. The permit fees shall be five'dollars ($5.O0) per thousand based on the estimated costs of construction. There shall be a minimum fee of $10 per permit~ Building permit fees shall not be required for municipally-owned buildings or structures. 4.1 Fiscal Year '4.4 CHAPTER 4: REVENUE AND FINANCE The financial year of the Town shall begin with the first day of. July and end with the thirtieth day of the following June. 4.2 Warrant for Payments 4.3 · No money shall be paid from the Town Treasury, except the State and County taxes and bank discount, without a warrant therefor signed by the Selectmen. Promissory Notes All promissory notes of the town shall be signed by the Treasurer and counter-signed by the Selectmen. Financial Reports All Town officers, boards, and committees, who in any way receive or expend money belonging to the Town, shakk keep a record of their official acts, and an account of their receipts and expendi- tures; they shall make an annual report to the Town in season to be audited and incorporated into the annual town report. 4.5 Deposit of Receipts All Town officers, boards, and committees, who shall receive money in behalf of the Town, shall pay to the Treasurer monthly and oftener if so required by the Selectmen, all money so received. All other persons who shall have in their possession money belong- ing to the Town shall pay the same forthwith to the Town Treasurer. 4.6 Surety Bond Requirement The Superintendent or other Official charged by the Board of Water Commissioners with the duty of collecting and receiving money due to the Town shall give a bond in a penal sum mhd with sureties approved by the Board of Selectmen. .4.7 Conflict of Interest No officer, board or committee of the Town shall have any pecuni- ary interest, either direct or indirect, personally or through another person, in any loan, contract or employment of any sort made, by, with or for that department tow hich his or its duties pertain. All contracts or employment made in violation of the by-law shall be void as to the Town, and no bills therefor shall be approved, audited or paid. 46 4.8 Town Accountant It shall, be the duty of the Town Accountant to inspect all bills presented against the Town; to see that they have the approval qf the officer, board, or committee contracting the same, and are in proper form;to indicate the account to which they are chargeable; and, if there are funds, to transmit said bill with his certifi- cate to the Selectmen, who shall draw their warrant on the Town Treasurer authorizing payment boards, and committees receiving and expending money; to investigate the conditions of all funds and trust funds held for the benefit of the Town. He shall verify the amount of funds in the hands of the Town officers, boards and by personal applications at banks of deposit, shall ascertain the amounts held therein to the credit of the Town. He shall report to the Town in detail under each department all receipts and expenditures by the Town for the previous financial year. CHAPTER 5: PUBLIC WDRKS AND PRDPERTY 5.1 Public Streets and Ways (Al Rules and Regulations The Selectmen may make such rules and regulations as they deem necessary, under the revised laws, in relation to the passages of carriages, sleighs, street cars or other vehicles through the streets and ways of the Town or the use of sleds or other vehicles for coasting therein. Any violation of said rules and regulations shall be punished by a fine of not less than one dollar nor more than twenty dollars. (B) Snow and Ice Removal No snow or ice shall be deposited upon any portion of a way open to public travel for the safe maintenance of which the lown is responsible, except by lown employees acting in the proper performance of their duties. This provision shall not .prohibit an occupant of premises abutting upon such a way from clearing snow or ice from a sidewalk in front of such premises, or from that part of any driveway or other means of access from such premises to the way, providing that such clearing does not result in a narrowing of the travelled portion of ~he way as defined by prior snow removal procedures performed by Town employees. (C) Street Excavation Permit No person shall make any excavation or other substantial change in a Town way open to public travel without first 47 obtaining a permit therefor from the Highway Surveyor. Such a permit shall be granted only upon a written application there- for, which shall contain such information as to the proposed excavation change as the Highway Surveyor may require, and the permit may contain any reasonable requirement, including the applicant's procurement of an adequate performance bond assuring his compliance with such.requirements, the amount of such bond to be set by the Highway Surveyor. In the event that such excavation cannot be completed within'twelve hours, the Highway Surveyor shall forthwith make all necessary repairs to the Town for the incident expenses. (D) Driveway Permits No driveways or other means of access to privately owned property from any public way or any way maintained by the Town or shown on an approved subdivision plan shall be constructed unless a permit for its entry into said way shall first have been issued by the Highway Surveyor. 5.2 Co.on Sewers and House Drains (Al Common Sewer Connections The Board of Selectmen may declare any sewer laid in any land, street, or way, public or private, opened or proposed to be opened for public travel, to be a common sewer and the same shall not be laid or connected with any existing common sewer except by the board o¢ officers authorized by law to lay and maintain common sewers. (B) Regulations for House Drains The Board of Health may make and enforce regulations for the public health and safety relative to house drainage and its connections with sewers~-if a public sewer abuts the estate to be drained. License Required for House Drain Connection No person shall enter his drain into any common sewer without a written license from the Board of Selectmen, and any persDn entering under such license shall comply with such rules and regulations as to material and construction as the Board of Selectmen may prescribe. Said board may close any drain enter- ing a common sewer for failure to comply with the provisions of the by-law. [ I ! No excavation shall be made within a public way in connecting such private drains with a common street except under the direction of the Highway Surveyor or other persons having charge of the streets of the Town. 5.3 Permission to OPen Hydrants 5.4 No person shall open any hydrant of the water system of the Town without permission previously obtained from the Board of Public Works; provided, however, that nothing in this section shall be construed to prohibit the use of hydrants and water by the chief of the fire department, or the person acting in his stead, in case of fire. Littering No person shall deposit, or cause to allow or be deposited, any garbage waste, refuse, bottles, cans, paper materials or any other rubbish or litter of whatever nature of description, upon any public or private way within the Town, or upon any private property therein without the consent of its owner or upon any town owned property without the express consent of the municipal officer or agency having jurisdiction thereof. Any person found guilty of violation of this article shall be punished by the payment of a fine of not more than fifty dollars for each such offense. 5.5 Recyclable Refuse The removal from a public sidewalk, way or any bsual point of resi- dential rubbish pick-up, of any material specifically set apart from ordinary household rubbish for the purpose of being recycled, under the recycling program of the Town, by any persons other than those properly authorized to pick up such material, is hereby expressly prohibited. 5.6 Behavior on Public Property (A). Disorderly Conduct -~o person shall behave in a rude or disorderly manner, nor use loud, profane or indecent language, nor throw stones, snow- balls or other missiles in any street or o~her public place: Loitering ~o person shall loiter upon any sidewalk, street, or way of the Town, or upon private property thereto without the consent of the owner thereof, after he has been requested by a con- stable or police officer to depart. (C) Consumption of Alcoholic Beverages No person shall drink any alcoholic beverages a~ defined in Chapter 138, Section l, of the Massachusetts General Laws, while on, in or upon any public way or upon any way to which' the public has a right of access, or any place to which mem- bers of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof. All alcoholic beverages being used in violation of this by-law shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at · which time they shall be returned to the person entitled to lawful possession, provided such portion of the above defined beverages used for analysis shall be disposed of according to law. Trespassing There shall be no trespassing on any property normally used for school purposes while school is in session, nor from one hour after sunset to one hour before sunrise. There shall be no trespassing at any time on any of the Town triangles. There shall be no trespassing in parks and play- grounds from one hour after sunset to one hour before sunrise on any day. No use shall be made of Town forest and lown farm grounds from sunset to sunrise except with the special permis- sion of the Selectmen. Obsolete and Surplus Materials Any board or officer in charge of any department of the Town may with the approval of the Selectmen, sell or otherwise dispose of any personal property of the Town within its possession or control which has become obsolete or'which is no longer required for use of such department; provided, that the records of the Selectmen shall contain full information concerning the request of such department head for authority to dispose of such property, and their reasons.for approving such request. 5O CHAPTER 6: LICENSING AND BUSINESS REGULATIONS ~m 6.1 Fruit and Vegetable Peddlers No person shall go through the streets or ways of the Town as a hawker or peddler, selling or exposing for sale, fruits or vege~ tables, without first obtaining a written license from the Select- men of the lown; provided that this by-law shall not apply to a person engaged in the pursuit of agriculture who peddles fruits or vegetables. 6.2 Junk Dealers No person shall keep a shop for purchase, sale or barter of junk, old metal or second-hand articles, or shall go from house to house collecting or procuring by purchase or barter any such articles, withouta written license from the Board of Selectmen. The fee for such license shall not be less than one dollar. Each license shall continue in force until the first day of May ensuing unless sooner revoked by the Selectmen. 6.3 Junk Yards No person Shall accumulate, keep, store, part, place, repair, deposit or permit to remain upon premises'owned by him or under his control, more than one unregistered vehicle or any dismantled, unserviceable, junked, or abandoned motor vehicle unless he is licensed to do so under the general laws or unless he has received written permission to do so from the Board of Selectmen after a hearing. Written permission may only be granted by said board on condition that the owner agrees to screen the permitted vehicle or vehicles from view from neighboring land, ways, or public highways for breach of which agreement said permission shall be revoked. This by-law shall not apply to agricultural vehicles in use on an operating farm. Whoever violates or continues to violate this by- law after having been notified of such violation shall be punished by a fine of $5D. Each week during which such.~iolation is per- mitted to continue shall be'deemed to be a separate offense. 6.4 Hours for Service Stations For the purpose of controlling and abating noise, no automobile service station within the Town shall.conduct business, except in case of an emergency, between the hours of l0 p.m. and 5:30 a.mt 6.5 Hours for Common Victualler License The Selectmen may, for the purpose of controlling and abating noise, promulgate orders, not inconsistent with any governing sta- tute, establishing the hours during which any holder of a victualler's license may open his licensed premises to the public. 6.6 Self-Service Gas Stations No person owning or operating a gasoline filling station shall allow the pumping of gasoline for retail sale without an attendant employed by the station present to hold the gas nozzle while gaso- line is being pumped into the tank of the vehicle. 6.7 Loca.1 F~s .and Charges ~-~v-1.' Automatic amusement device 177a: $100 per machine Sealing of weights and measures service (Chapter 98, Section 56) Scale with capacity over 10,000 lbs. $50.00 each Scale with capacity 5-10,000 lbs. $30.00 each Scale with capacity 1-5,000 lbs. $20.00 each Scale with capacity-lO0-1,O00 lbs. $10.00 each Scale with balances 1O-lOD lbs. $6.00 each Scales with balances under lO lbs. $5.00 each Liquid capacity measure of capacity of more than 1 gal. and measures on pumps $2.00 each Liquid measuring meter diameter 1/2"-1" $5.00 each Liquid measuring meter diameter over l" vehicle tank pump $16.0D each Vehicle tank gravity $20.00 each Bulk storage $40.00 each Bulk storage with cert. prover $20.00 each. Taxi meter SB.O0 each Device to determine linear area $5.00 each Milk bottle or jars SB.O0 each Vehicle tanks used in sale of commoditi~es by liquid measure per 100 gal. $5.00 each Separate tanks--same vehicle (each) $5.00 each · All weights and other measures $I.O0 each CHAPTER 7: ANIMALS Leash Law No owner or keeper of any dog shall permit it ~o leave its owner's or keeper's premises unless i(is helf firmly on a leash. The owner or keeper of a dog shall be that person normally responsible for the maintenance and upkeep of the premises upon which the dog is kept, and need not necessarily be the person to whom a dog license may have been issued. The Dog Officer shall be the enforcing officer of this by-law, and may seek complaints against persons in violations hereof .under provisions of section 173A of Chapter 140 of the General Laws. 7.2 Im@oupdment of Dogs . , h Dog Office~ may cause ~ e impounde~)~if it be found without a proper license, or found at large or out of control out- side of the bounds of the property of its owner or keeper: An impounded dog shall be released to its owner or keeper upon pay- ment of an administrative fee of $10.00 plus the pound fees (as established by the Selectmen) and, if necessary, upon its being properly licensed. 7.3 Restraint Order The Dog Officer may order the owner or keeper of a dog to restrain it after it has been impounded twice; he may remove such an order of restraint if he is satisfied that the dog is unlikely to repeat its offense. Any person who fails to comply with any outstanding order of restraint shall be deemed to have committed a breach of this chapter. 7.4 Disposal of Unclaimed Dogs A dog impounded and unclaimed by its owner or-keeper after a ten day period, shall be disposed of in accordance with the provisions of Massachusetts General Laws, Chapter 140, section 15lA. 7.5 £icense Fees _ . __ ,~ :-..~ ;'v--~ll~e dog license fees as provided for in Chapter 140, section of the Massachusetts General Laws shall be increased by one dollar. 7.6 Penalty The penalty for violations of this chapter shall be in accordance with Chapter 140, section 173A of the General Laws. CHAPTER 8: MISCELLANEOUS 8.1 Official Town Seal The following shall be the device of the official Town seal. In the center of a double circle, view of a portion of Lake Cochiche- wick, showing an indian in a canoe upon its surface, with the words "Lake Cochichewisk" appearing below the canoe, and with the words, "settled 1646" appearing at the top of the circumference of the inner circle, and the words "Incorporated April 7, 1855" appearing at the bottom; in the space between the inner and outer circle appear the words "Town of North Andover" at the top of the seal and the word "Massachusetts" at its bottom. 8.2 Discharge of Firearms No person shall fire or discharge any firearms or explosives of any kind on any private property, except with the consent of the owner or legal document thereof, provided, however, that this by-law shall not apply to the lawful defense of life or property nor to any law enforcement officer acting in the discharge of his duties. 8.3 Refuse and Trash Pickup . _ ~ ,~ lhe Highway Surveyor shall each wee~'collect t~e refuse and trash of: ' Each 'detached single family residence and each multiple dwell- ing that: A. contains less than nine living units; and B. is not part of an apartment or condominium complex con- taining nine living units or more; and Each building used for commercial, business, or industrial purposes where the amount of refuse produced is no more than eight 30 gallon barrels per week and the building is not a commercial, business, or industrial complex. Service will be provided only if the refuse and trash is placed on the side of the highway in front of said residence or multiple dwelling or building. Any building or aggregation of buildings (such as a shopping mall, industrial park, office complex, or other like development) con- ta~:ning four or more businesses, industries, or commercial enter- prises shall be deemed to constitute a commercial, business, or industrial complex for purposes of this by-law if legal title to the building or aggregation o? buildings.is in single, joint or common ownership. It shall be the duty of each owner of a multiple dwelling building or apartment or condominium complex containing nine living units or more and each owner of a building utilized (or commercial, business, or industrial purposes which does not qualify for trash pickup under the criteria set forth in sub-paragraph 2 to cause to be removed at his own cost and expense all refuse and trash pro- duced therein. CHAPTER g: PUBLIC SAFELY 9.1 Bequlation~of Burglar Alarm System ~- ....D~fi ni ti ons: For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the conte~t, words used in the present tense include the future. The word "shall" is always mandatory and not merely directory. Alarm System means an assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a one, hundred and ten (110) volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire alamr systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises, or an attempted robbery at a premises are speci- fically excluded from the provisions of this section. Alarm user or user means any person on whose premises an alarm system is maintained within the Town except for alarnisystems on motor vehicles or proprietary systems. Excluded from this defini- tion and from the coverage of this section are central station personnel and persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of "alarm system," as that term is used in this section, and shall be subject to this section. Automatic dialin9 device refers to an alarm system which automa- tically sends over regular telephone lines, by direct connection .or otherwise, a prerecorded voice message or coded signal indicat- ing the existence of the emergency situation that the alarm'system is designed to detect. Central station means an office to which remotJ alarm and supers visory signaling devices are connected, where operators supervise circuits or where guards are maintained continuously to investigate signals. Alarm console means the instrumentation on an alarm console at the receivin§ terminal of a signal line which, through both visual and audible signals, indicates activation of an alarm system at a particular location, or which indicates line trouble. Direct connect means an alarm system which has the capability of transmitting system signals to and receiving them at the police department alarm console. False alarm means: The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or Of his employees or agents; Any signal or oral communication transmitted to the Police Department requesting, or requiring, or resulting in a re- sponse on the part of the Police Department which in fact there has been no unauthorized intrusion or attempted un- authorized intrusion into a premises and no attempted robbery or burglary at a premises. Exclused from this definition are activations of alarm systems caused by power outages, hurricans, tornadoes, earthquakes and similar conditions. Interconnect means to connect an alarm system to a voicegrade tele- phone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of u~ing the telephone line to transmit an emergency message upon the activa- tion of the alarm system. Police Chief means the Chief of Police of the Town or his desig- nated representative. Police or Police Department means the Town Police Department, or_ any authorized agent thereof. Public nuisance means anything which annoys, injures or endangers the comfort, repose, health or safety of a considerable number of persons or of any conmunity or neighborhood. The Police Chief may promulgate such rules as may be necessary~or the implementation of this section. Ae Automatic dialing devices - interconnection to Police Depart- ment: By B-O1-B3 all dialers shall be reprogrammed to inter- connect to the alarm console at the Police Station. Same-Intermediary services: Any persons using an automatic dialing device may have the device interconnected to a tele- phone line transmitting directly to: {1} a central station; {2) an answering service; or {3) any privately owned or privately operated facility or terminal. Direct Connections to Police DepartmQnt 9.4 A. Alarm systems may be connected to the alarm console in the Police Department. Services shall be set forth in the form of a written contract between the alarm company and each user. The provisions of this paragraph (B) relate solely to the aforementioned alarm console, connections to the said console by alarm users, and fees and charges related to the installation and maintenance of the console. Any alarm user may contract with any alarm company of his choice for the sale, installation, maintenance and/or servicing of the alarm system to be installed on his premises. The alarm user, or the alarm business contracting for servic- ing the alarm user's alarm system, shall be responsible for obtaining the leased telephone line between the alarm user's premises and the alarm-receiving equipment at the Police Department and for furnishing the appropriate interface equip- ment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the alarm console. The provisions of section 9.5 concerning false alarms shall apply to all alarm users or persons having direct connect systems, except municipal, county and state agencies. Every alarm user shall submit to the Police Chief the names and telephone lines of at least two (2) other persons who can be r~ached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system, and who can open the .premises wherein the alarm system is installed. All alarm systems directly connected to the police station shall be equipped with a {cat ???) device which will give ~ ten second delay or longer prior to alarm system activation in order to warn the alarm user of an open alarm circuit. All alarm systems installed after 5-01-83, which use an audible horn or bell shall be equipped with a device that will . 'minutes after activation-of the alarm system. Any alarm system emitting a continuous and uninterrupted sig- nal for more than twenty (20) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or other persons designated by.him under section (A) of this section, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisan6e. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Chief shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons desig- nated by the alarm user under paragraph (A) of this section in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complain- ants and the time that each complaint was made. In the event that the Police Chief is unable to contact the alarm user, or members of the alarm user's family or other persons designated by the alarm user under paragraph (A) of this section, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the a]arm system, and if the Police Chief is otherwise unable to abate the nuisance he may direct a police officer or a firefighter or a qualified alarm tech- nician to enter upon theproperty outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance. If entry upon proper- ty outside the home or building in which the alarm system is located is made in accordance with this section, the person so entering upon such property: (1) shall not conduct,,engage in or undertake any search,-seizure, inspection or investigation while be is upon the property; (2) shall not cause any unneces- sary damage to the alarm system or to any part of the home or building; and (3) shall leave the property inrnediately after the audible signal has ceased. After entry upon property has been made in accordance with this section, the Police Chief shall have the property-se- cured, if necessary. The reasonable'costs and expenses of abating a nuisance in accordance with this section shall be assessed to the alarm user, said assessment not to exceed fifty dollars {$50.00). Within ten (10) days after abatement of a nuisance in accordance with this section, ~he alarm user may request a hearing before the Board of Selectmen and may pre- sent evidence showing that the signal emitted by his alarm system was not a public nuisance at the time of the abatement; that unnecessary damage was caused to his property in the course of the abatement; that the costs of the abatement should not be assessed to him or that the requirements of this section were not fulfilled. The Boardshall hear all inter- 'ested parties and may, in its discretion, reimburse the alarm I ! i I I i i user for the repairs to his property necessitated by the abatement, or excuse the alarm user from paying the costs of the abatement. E. Testing of Equipment No alarm system designed to transmit emergency messages di- rectly to the Police Department 8hall be worked on, tested or demonstrated without obtaining permission from the Police Chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Police Department. An unauthorized test constitutes a false alarm. Any repair or test of private equipment that requires over twenty (20) minutes to complete will require that an employee of the company doing the repair, be in the North Andover police station to reset the alarm until such time as the alarm is repaired or disconnected. 9.5 False Alarms When emergency messages are received by the Police Department that evidence false alarms, the Police Chief shall take such action as may be appropriate under paragraphs (B), (C), (D), and (El of this section, and, when so required by the terms of the aforementioned paragraphs, order that use of an alarm system be disconnected. After the Police Department has recorded three (3) separate false alarms within the calendar year from an alarm system, the Police Chief shall notify the alarm user, in person, by telephone or by mail, of such fact and require the said user to submit, within fifteen {15) days after receipt of such notice, a report describing efforts to discover and eliminate -the cause or causes of the false alarms. If the said user, on the basis of absence from the city, or on any other, reasonable basis, requests an extension of time for filing the report, the Police Chief may extend the fifteen-day period for a reasonable period. If the said user fails to submit s~mch-a report within fifteen {15) days,~or within any such extended period, the Police Chief shall order that ~se of the alarm . system be discontinued. Any such discontinuance shall 'be effectuated within fifteen (15) days from the date of receipt of the Police Chief's order. C. [not found] g.6 59 De In the event that the Police Department records five (5) false alarms within the calendar year from an alarm system, the Police Chief shall order that the user of the alarm system discontinue the use of the alarm system for the calendar year, but for not less than six (6) months from the date the alarm was disconnected. In the event that the Police Department records eight (B) false alarms within the calendar year from an alarm system, the Police Chief shall order that the user of the alarm system discontinue use of the alarm system for the calendar year, but for not less than six (6) months from the date the alarm was disconnected. dar year. All Town Treasurer of the user of fines assessed Any user of an alarm system which transmits false alarms shail be assessed a fine of twenty-five dollars ($25.00) for each false alarm in excess of three (3) occurring within the calen- fines asSessed hereunder shall be paid to the for deposit in the general fund..Upon failure an alarm system to pay two (2) consecutive hereunder within sixty (60) days of assessment, the Police Chief shall order that the user discontinue use of the alarm system. Any such discontinuance shall be effectu- ated within fifteen (15) days from the date of receipt of the Police Chief's order. Any user of an alarm system who has, in accordance with this section, been ordered by the Police Chief to discontinue use of an alarm system may appeal the order of discontinuance to the Board of Selectmen. Notice of an appeal sh~ll be filed with the Clerk of the Board of Selectmen within ten (10) days' of the date of the Order of Discontinuance. Thereafter, the Board shall consider the merits of the appeal, and in connec- tion herewith shall hear evidence presented by all interesteC persons. After hearing such evidence, the Board may affirm, vacate or modify the Order of Discontinuance. Penalties A. '.The following acts and omissions shall constitute violations of this section punishable by fine of fifty dollars {$50.00): Failure to obey an order of the Police Chief to discon- tinue use of an alarm system, after ekhaustion of the. right of.appeal; Failure to disconnect an automatic dialing device from any telephone numbers at the police department within six (6) months after the effective date of this by-law; __ · m 6O Interconnection of an automatic dialing device to any telephone numbers at the police department after the effective date of this by-law; Failure to pay two (2) or more consecutive fines assessed under this section within sixty (60) days from the date of assessment; Failure to comply with the requirement of section 9.5 of this by-law. a. Each day during which the aforesaid violations con- tinue shall constitute a separate offense. 9.? Severability The invalidity of any part or parts of this by-law shall not affect the validity of the remaining parts. 9.ajBeg~la.tipn and Control of Fire D_etecti~,and~Alarm Systems By definition, Fire Detection and Alarm Systems, are those installed in privately owned structures, residential, educational, religious, commercial, industrial, which, when activated, result in-an alarm of fire being transmitted to the Fire Department. Alarm transmittal may be by the sounding of an external alarm, alerting the general public; by automatic telephone call; by personal telephone call; by direct connection, through a municipal Master Fire Alarm Box; or by any ~ther means. This section shall consist of the following paragraphs: No fire detection and alarm system, as defined, shall be installed without prior notice to the Fire Chief for review and approval. The owner of the property in which the system is installed shall furnish, in writing, to the Fire Chief telephone numbers (other than the protected premises) with the names of respon- sible individuals, who are authorized to respond to emergency calls and provide access to the structure. Enough names and numbers shall be furnished to insure avail'ability of at le)st one such individual at any hour of the day, or night. This listing shall be revised, as required, to be kept current and accurate. No testing, repairig, altering, or other actions, whichmight result in the transmittal of an alarm to the Fire Department, 'shall be performed without prior notification to the Fire Department. · , 61 4. Failure to comply with any of the requirements of paragraphs (1) through (3) may be punishable by a fine of, but not to exceed $25.0D assessed to the property owner and payable to the Town Treasurer, for deposit in the General Fund. 5. False alarms of fire are those transmitted when no fire condi- tion exists, and are the result of negligence, or defective equipment. 6. The owner of any property in which a fire detection and alarm system is installed, which transmits false alarms per para- graph (5) shall be penalized in accordance with the following schedule: First false alarm - No action. Second false alarm (within six months of the date of the first false alarm) - A warning, in writing from the Fire Chief, to the property owner, including this section. %bird (and all subsequent) false alarms (within six months of the date of the first false alarm) - A fine, not to exceed $50.D0, for each occurrence, assessed to the property owner, payable to the lown ~reasurer for deposit in the General Fund. A false alarm beyond six months from the date of the first false alarm shall be considered a first false alarm, as de- fined in this schedule. Any property owner fined, under the provisions of this sched- ule, may within 25 days of the date of the fine, submit an appeal in writing to the Board of Fire Engineers, presenting any evidence to show the fine is unreasonable and/or inapprop- riate. The Board of Fire Engineers shall, within 15 days from the date of the appeal, respond in writing and the deci- sion of the Board shallbe final and binding. When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied; the Department is unable to gain access to the structure; and is unable to contact any of the individuals listed, for access; the Fire O~ficer in conman~ may, if he has reasonable concern or suspicion that a fi're exists within the structure, make a forcible entry to deter- mine whether or not fire conditions exist. If this action becomes necessary, the Fire Officer shall: (a) notify the Police Department of this action; (b) secure the premises insofar as feasible; (c) continue efforts to contact the in- Uividuals listed as reaponsible for the structure; (d) enter the action taken in the Fire Department log. 62 ~ire Lanes , A~ ~_ ~_.~ Upon deter~ination by the Fi re Chief that fire lanes are necessary for the protection of the lives or property of the public in an' area to which the public has access, the owner, or the person having control of such premises, shall provide, install, and maintain '~No Parking-Fire Lanes" signs and striping in the loca- tion designated by the Fire Chief. It shall be unlawful to obstruct or block a private way to an area to which the public has access so as to prevent fire apparatus or other emergency equipment from gaining access to any building thereon. It shall be unlawful to obstruct or park any vehicle in any fire lane, such fire lane to be designated by the Chief of the North Andover Fire Department. These fire lanes to be posted and marked as such. Said fire lanes shall include a distance of twelve (12) feet from the curb at a sidewalk or in the absence of sidewalks and curbings, the distance shal) be eighteen (18) feet from the building. The properties involved shall be shopping centers, apartment complexes, hospitals, nursing homes, theaters and schools or other areas to which the public has access. These' traffic regulations are enforced by the Police Depart-:~ merit of the Town of North Andover carrying a fine of ten dollars per ticket. If vehicles are impeding access of emergency vehicles, the Police Department shall have the authority to tow such vehicles to a storage facility designated by the North Andover Police Department. Such towing charge to become the responsi- bility of the owner of towed vehicle. FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE OF CONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE ................................. - ............................. CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS .......... .................................. CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER 10 PLANNING AND THE ENVIRONMENT ....................... CHAPTER I I TRANSITIONAL PROVISIONS .............................. AFTERWORD ............................................................ iv v 1 2 3 5 10 11 12 14 16 19 20 23 iii TABLE OFCONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE ................................. . ............................. CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS ............................................ CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER ..................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER I0 PLANNING AND THE ENVIRONMENT ....................... CHAPTER l 1 TRANSITIONAL PROVISIONS . ............................. AFTERWORD ............................................................ iv v 1 2 3 5 10 11 12 14 16 19 20 23 iii TABLE OFCONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE ................................. - ............................. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS ............................................ CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER 10 PLANNING AND THE ENVIRONMENT ...: ................... CHAPTER 11 TRANSITIONAL PROVISIONS.. ............................. AFTERWORD ............................................................ Jv ¥ 1 3 5 10 11 12 14 16 19 2O 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new char~er recommended by the Charter Com- mission, summarized below?" BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new char~er recommended by the Charter Com- mission, summarized below?" BALLOT SUMMARY Yes No If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING; a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charier recommended by the Charter Com- mission, summarized below?" Yes [ No BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING~ a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. IV Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served'the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: To preserve the best of traditional town government. To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they neglect their responsibilities. To provide improvements in several critical areas: management and administration;budget making and budget administration; coordination of public works; and improved municipal and fiscal planning. vi Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Tecknical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a pr°motion, everyone,s job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: To preserve the best of traditional town government. To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job: Elected officials will be subject to recall, if they neglect their responsibilities. To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works;and improved municipal and fiscal planning. vi Improved planning. The Charter is designed to enable the town tO control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of pianning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: - To preserve the best of traditional town government. - To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. - To provide a larger measure of accountability throughout the town's governmental structure, Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they neglect their responsibilities. - To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works; and improved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government, Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vfi uosdmoq.L uqof !3s~i~oI~I 'f qd~sof ~iqsnil '¥ d!l!.qcl o:/:m8 'E) sarape ueula, eqD-a~!A 'uos~e-I eqlJelnI uetu~!.eq2) 'Olie~eq~eil '¥ qdle'tI · suo!zoalo un~oi tu!tuo.~ql~o] atIi le a3oa ,,s0,1,,, e sa~an pun zal~eq~) aql .Io uo!ldope aql spuatutuooa~ uo!ss!tuulo2) ~aLteq~ aqi ,/lliu!p~oo~¥ -iuatuu~a~,ol/ ut. sluaula,xoadtu! ol peal II!n', ialzeq3 aql .Io uo~.ldope aql leql sa~,o!laq uo!ss!.tuulo:3 iali~tl2) aq~L papuamtuovaH .~al.~ml2) atLL 4-1-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-1-3 No person who 'has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or bhsiness administration. Alternatively, two years or · more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-law under the control of tile board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment;and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: (a) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing~that the budg6t is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-law. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. 4-9-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION Section I General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a'diVision of planning and com- munity development, and (c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-14 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the'manager is designated to act as director of.one or more divisions, he shall serve in such addi- · tional capacity without additional compensation. 5-1-6 With the approval of the towr~ manager a division director, other than the manager, may designate himself as head ~f one or more departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 performance of the said duties b~, another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section 5 Transfer of Records and Property 11-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are 'assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 1 I-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 1 I-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office ot? the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions o f clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 2[ Revision of By-laws The second matter is the revision of the by-laws. A careful r~view of the by-laws and the prepara- tion of the legal base study completed bY the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be. rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's i~ate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Revision of By-laws The second matter is the revision of the by-haws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Revision of By4aws The second matter is the revision of the by-laws. A careful r6view of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be. rewritten. Some will need to be edited;others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Revision of By4aws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to<late by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture shOuld be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Revision of By4aws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE 0 F CONTENTS BALLOT QUEST[ON AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE .............................................................. CHAPTER I TOWN INCORPORATION. FORM OF GOVERNMENT, AND POWERS ............................................ CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION .................. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINT'ED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER I 0 PLANNING AND THE ENV[RONMENT ....................... CHAPTER I I TRANSITIONAL PROVISIONS ............................. AFTERWORD ............................................................. 1 3 5 10 11 12 14 16 19 20 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Charter Com- mission, summarized below?" BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the trLrst day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING. a five-person elected BOARD OF SELECT- MEN, who. as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work. and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter'commission meeting to public input, and by conducting several public hear- ings. The last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of. changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work, m a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen. the Town Manager and the Advisory Board. Henceforth the Advisory Board will devot, its total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee. the Housing Authority. the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: - To preserve the best of traditional town government. - To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. - To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they negiec~t their responsibilities. - To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works; and improved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements m local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the t'orthcoming town elections. Ralph A. Barbagallo. Chairman Martha Larson. Vice-Chairman Dennis L. Currier. Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J Lafond Joseph J. Morkeski lohn Thompson vii TOWN OF NORTH ANDOVER CHARTER PREAMBLE We, the people of the town of North Andover. Massachusetts. in order to reaffirm tile customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constztutlon of the Common- wealth, do hereby adopt the following home rule charter ['or this town. CHAPTER 1 TOWN INCORPORATION. FORM OF GOVERNMENT. AND POWERS Section I Incorporation i-1-1 The present town of North Andover. within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an open town meeting-board of selectmen-town manager form ,~f town government, and it shall be known by the title: North Andover Home Rule Charter. ~ection Scope Construction of Town Powers 3 and [-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constttution of the Common- u,'ealth, and the statutes thereof, Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutor.v provisions, the town may exercise any of its powers, or perform any of :ts functioi~s and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-$.1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter I-6-1 if any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or cir- cumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby. CHAPTER 2 TOWN MEETING Section ! Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all by-laws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings. _~ The warrant t'or each town meeting shall be closed forty-five days prior to the date.~for ting, provided that, by unanimous vote, the board of selectmen may waive this requirem~ :Jla'cases of emergenc~. 2-2-3 The warrant for each annual and special town meeting ~~i~}if~ 0T general circulation Within the town at least seven days prior to the meeting, and shall be posted in a public place in every precinct in the town at least seven day. s prior to the annual town meeting, ~Cc{fl~. ~.- ~- and at least fourteen days prior to any special town meeting. ~'~Section .~ Procedures 2-.;-1 The town meeting shall meet regularly on the first Monday in May at 7 p.m. to consider ~t~and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the board of selectmen and shall be called by said board ttpon the request, in writing, of at least two hundred registered voters of the town. Section S Moderator 2-$-1 A moderator, elected in accorciance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplifmi Rules of Procedure 2-6-1 Rules of parliament'ary procedure in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shah be appointed by the moder- ator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article tn the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles mvoi~ng.~~W~ ~~ not be voted on by the lng unless the advisory board shall have considered them previously and issued a written re¢Ommen- thereo~The or a designated representative, shall be present at the dation chairman O~' the board. meeting to provide verbal explanations of the board's recommendations, 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and waysl and all other similar matters relating to the environment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section I The Board of Selectmen ' 3-1-1 A board of selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth. and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept. 3-2-3 The board of selectmen shall serve as the chief goal-set:'~g and policy-making agency of the town and, as such, shall not normally administer the day-to-d affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers. Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen may conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-$-I The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced.' the laws. rules, and regulations relating to all businesses for which it issues licenses. 4 3.5-2 The board of selectmen shall be recognized as head of the town government for ail cere- monial purposes. Section 6 Powers of Appointment 3.6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4: (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G,L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (i) five mem- bers and three associate members ora zoning board of appeals for overlapping three-year terms, ~ The board shall also have the power to appoint town boards enumer_atcd in Chapter 7f ~-kf'aJ-a'~ecreational~°'u~cil;and (e)an arts council..~., 7 3-6-3 The boards enumerated in claus~all be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also aPpoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7-2 The provisions of 3~7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall dealw~~ ..... · :.~nployees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section I Appointment 4-1-1 The board of select~j,~,':an~a[f~ve vote of at least four members, shall appoint a town manager for pleasure. '~Ei.::,,,. · '"~:' 4-1-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-1-3 No person who has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, comp'ensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4.3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-law under the control of the board of selectmen and of the town manager. 4.3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment;and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law. this charter, and by-law. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs. general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f') solicit and prepare applications for grants. {g) be responsible for the day-to-day administration of the town's personnel system. (h) be responsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. O) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both rea[ and personal. (1) distribute, or cause to be distributed, copies of the warrant and advisory board report for ali town meetings to the residences of all registered ~oters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unlea$ the board shall have designated another negotiator. (n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 44-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sio~and department heads. (c) i~~~}a~litl{l~-'t'ld:~~~~~ (e~dust~,i, commission, (On board of he~lth__x and/ora health agent~nd (g)a board of public/x~ works until such time as said board is abolished.) 4-4-2 The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees report: (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) all other full-time, part-time or seasonal employees, ~Uch appointments and removals shall ce subject to d~al I~ four affi~~l~'~e board of selectmen taken wi-thin 14 days. Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and authority of each posi- tion, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (f) policies and procedures governing persons holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. (j) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that ar least three selectmen shall approve all warrants in the manager's absence or in the event ora vacancy in his office. Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered (mail to his place of residence. 4-9-3 within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local cfl'culation and shall cause identical notices citing the purpose, location, time. and date to be posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section ! 1 Acting Town Manager 4-1 I-I The board of selectmen shall designate, within 10 clays, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER S TOWN ADMINISTRATIVE ORGANIZATION Section i General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a'division of planning and com- munity development, and {c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-1-4 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- t ional capacity without additional compensation. 5-1-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or mrs.~. departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. lO Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse. ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 Th~ administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5.4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 ,The Town Clerk ~i"' "A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fir~ Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAP'[ER 6 ELECTED TOWN BOARDS AND OFFICERS Section I General Provisions 6-1-1 Beginning with the first town election held after the adoption or,his charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3. a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 11 6-1-3 During the term £or which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining members of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the adviSory board; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee rep. resentative shall be elected for a three-year term. Section 5 School Committee 6-5-1 A school committee of five members shall be elected at large for three-year overlapping terms. 6-5-2 The school committee shall 6ofi~: public hearing prior to submitting a budget to the town manager. The committee shall ha'~0ir.~A~n~ry summaries of its recommendations available at said hearing which shall be distributed to th~se requesting them. Section 6 Housing Authority 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section ! Zonin8 Board of Appeals 7-1-1 A zoning board of appeals of five members and three associate members shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 74-1 A historical commission of seven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members ihall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 ~,~planning board of five members shall be a er for three-year , e~el!~ping terms. ion 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-I A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards, Commissions, and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them un.der the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10.2 All boards, commissions, and committees of' the town shall: (a) organize annually: (b) elect a chairman and other necessary officers: (c) establish a quorum requirement for their meetings in accordance with general law: (d) adopt rules of procedure and voting: and (e) maintain minutes and all other records ot' proceedings, copies of which shall be a public record and filed monthly with t. he town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-10-5 Members of boards estabtished under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term. no member of any appointed board under this charter shall be eli$ible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediatelY, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall f'fll the vacancy within thirty days. Section I 1 Change in Composition of Appointed Town Boards 7-11-I The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of th6 registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to the voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board of selectmen. The board of selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fi. ed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nomina- tion of candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election· If t~ot recatled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. [f recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election; the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought I be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him. shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section i Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1.3 Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writing, of th vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. t6 9-I-4 No member of the advisory board shall hold any other elected or appoin.ted town office. Section 2 Submission of Budget and Budget Message 9.2-1 On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to tl',e town manager. · 9-2-3 On or before the first day of November of each year, the board of selectmen, after con- sulting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d) summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format suggested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, with or without amendments, a~~!~:~[~ ~:,~Th~; b~ Of ~,i~¢~'~ ~~t~'~he :'~!:l~.qaest,of,~the.~e2toot-committee to the advisory board. 17 · ~,~-~, . . adwsory board shall conduct at least one public heating on the proposed budget and j ~ ~6j~e printed recommendations and detailed explanations on all financial articles in an annual ~_~ board report, which shall be mailed or distributed to the residences of all registered voters at..~as~ ten days prior to the scheduled date of the annual town meeting, in preparing its recom- r6endations, the board may require the town manager, any town division, department, office. board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to the board of selectmen at least one _2~(1-~- _."'~. prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report;. Section 6 Notice of Public Hearin8 On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of' the capital improvements plan are available for inspection; and (b) the date, time, and place, not less than seven days t'ollowing such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every divisior~, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not~ been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency' may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER I0 PLANNING AND THE ENVIRONMENT Section 1 Powers and Duties of the Planning Board 10-1-1 A planning board shall be appointed as provided in clause 7-%1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development, and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law. this charter, and by-law. 19 Section 4 Industrial Commi~ion 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general law. this charter, and by-law. Section 5 Coordination of Activities 10-S-I It shall be the general responsibility of the town mar. ager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission. and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAI~ER 11 TRANSITIONAL PROVISIONS Section I Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. 11-1.2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws. votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of [aw or expire by their own limitation, Section 3 Continuation of Government 11-3-1 Except as specifically provided in this charter, all committees, commissions, councils. boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4.1 Any person serving in the em~!oyment of the town shall retain such position and shall perform his duties until provisions shail have been made in accordance with this charter for the 2O performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section $ Transfer of Records and Property i 1-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors I 1-7-1 The terms of office og the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board Il-8-1 The terms of office of the incumbent members of the planning board shall contifiue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 21 Section 9 Boards Discontinued I 1-9-1 On the effective date of this charter, the board of fire engineers, the personnel board. and the capital budget committee shall all be discontinued. 1 I-9-2 The board of public works established by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment i 1-10.1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution oftheCommonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth. (b)Town. The word '~town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e)Voters. The word "voters" shall mean registered voters of the Town of North Andover. (f) Multi-member Body. The words "multi-member body'.' shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. {g) Certification. The word "certification" shall mean that per,on has been declared, elected and sworn to the faithful performance of duty by the town clerk. th) lie/his. Tile words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. (i) Elected officer. The words "elected officer" as used in I 1-4-2 shall mean the town clerk. the highway surveyor, the collector-treasurer, and any other individual elected office. abolished or made appointive by ~his charter. AFTERWORD The Charter Commission's concluding observations, in this afterword, must begin by acknowledg- ing the support, assistance and cooperation it has received from elected and appointed town boards. elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The Commission did not presume to deal with every matter or every suggestion that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and. of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the first page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends 'the appointment, by the Board of Selectmen. of a small committee. The commxttee would attempt to address, and resolve. issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three division. 23 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the Dy-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the yeats ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word, They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. LEONARD KOPELMAN DONALD G, PAIGE ELIZABETH A. LANE UO¥CE FRANK ,JOHN W. GIORGIO BARBARA d. BAINT ANDRE UOEL B. EtARD KOPELMAN AND PAIG£, P.C. ATTORNEYS at LAW I0~ ARCH STREET BOSTON, MASSACHUSETTS 02H0-1137 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Procedure for Charter Change Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter amendment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Commission. Each of these is briefly described, along with a summary of the advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Please let me know if you have any further questions on this subject. Very truly yours, JBB/dk Enclosure cc: Board of Selectmen pATRICK J. ¢OSTELLO ~ONORA l,I. KORI,4AN BRIAN W. I~IL.LrY IKOP'F..LMAN AND PAIGE, P.C. A"I-I'O~NL~fS AT i. AW roi &l~;N :STREL-T BOSTON. 1,4~CHUSE"I-FS O2110-~1~' May 21, 1990 FAX (61';r) MEMORANDUM TO ~UNI CI PAL ~ TO: BOARD OF SELECTMEN TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY RE: PROCEDURES FOR CHARTER ADOPTION OR AMENDMENT We frequently receive questions regarding the various methods available to towns for adopting or amending a charter. Understanding these options and their advantages and disadvantages should be helpful in determining the timing of a proposed adoption or amendment. We have summarized each below. Adoption or revision procedure - G.L.c.43B, §10(a) provides that a charter may be adopted or revised if the following steps are taken: Town Meeting must be petitioned to consider whether a question to elect a charter commission should go on the ballot; b. The voters elect a charter commission; c. The charter commission conducts hearings and issues a report; d. The proposed charter or revision must be reviewed by the attorney general; e. The proposed charter or revision must be approved by the voters. The advantage of this procedure is that it can be used to change the composition, mode of election or appointment, or term of major local offices. It also requires no action by the state KO;ELNAN AND PAIGE, P.C. Memorandum to Municipal Clients May 21, 1990 Page 2 legislature. The disadvantage of this procedure is that it can take between one and two years to complete. Amendment Drocedur~ - G.L.c.43B, tl0(b) provides that an existing charter may be amended if the following steps are taken: a. Proposal that amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. The advantages of this method are that it requires no state legislative approval and it can take less time than the revision procedure. The disadvantages of this method are that it still can take up to a year and it cannot be used to change the composition, mode of election or appointment, or terms of office of the local legislative body, the selectmen or the town manager. Moreover, it cannot be used to adopt or rescind a charter, only to amend it. Special Act Cha=ter method - The third method of amending a charter is to petition the state legislature to pass a special act incorporating the proposed amendments. a. Town Meeting must authorize the petition to the state legislature; b. The legislature must approve the petition; c. Although not required, voters traditionally vote to accept the special act. The advantages of this method are that it can usually be accomplished in a relatively short time and there are no restrictions on amendments to change composition, mode of election or appointment, or term of major local offices. The disadvantage is that it requires action by the state legislature. AND PAIG F.... Memorand,,a to Municipal Clients May 21, 1990 Page 3 If you have your own Town Charter, it may also have provisions which govern its amendment. You will certainly want to consult those provisions as well. We hope you find this overview useful in selecting the method which best meets the needs of your couunity should you need to address issues of charter adoption or amendment. Very truly yours, Joyce Frank JF/JMO/myj DONALD G. RAIGE ELIZABETH A. LANE BARBARA ,j. SAINT ANDRE RICHARD d. FALLON KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW I01 ARCH STREET BOSTON, MASSACHUSETTS 0~110-1137 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Procedure for Charter Chanae Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter amendment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure ,set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Commission. Each of these is briefly described, along with a summary of the advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Please let me know if you have any further questions on this subject. Very truly yours, xJ~Fel B. Bard JBB/dk Enclosure cc: Board of Selectmen ~a¥ 21, 1990 FAX 1617] MEMORANDUM TO MUNICIPAL TO: BOARD OF SELECTMEN TOWN MANAGER/TOWN ADMINISTRATOR/F. XECUTIVE SECRETARY RE: PROCEDURES FOR CHARTER ADOPTION OR ANR. NDM~.NT We frequently receive questions regarding the various methods available to towns for adopting or amending a charter. Understanding these options and their advantages and disadvantages should be helpful in determining %he timing of a proposed adoption or amendment. We have s~,mmarized each below. Adoption or revision procedure - G.L.c.43B, §10(a) provides that a charter may be adopted or revised if the following steps are taken: a® Town Meeting must be petitioned to consider whether a question to elect a charter commission should go on the ballot; b. The voters elect a charter commission; c. The charter commission conducts hearings and issues a report; d. The proposed charter or revision must be reviewed by the attorney general; e. The proposed charter or revision must be approved by the voters. The advantage of this procedure is that it can be used to change the composition, mode of election or appointment, or term of major local offices. It also requires no action by the state AND PAIG£, P.C. Memorandum to Municipal clients May 21, 1990 Page 2 e. The disadvantage of this procedure is that it can legls}a~ur ..... ~ two years to complete. take De,ween vn~ ~..- - -- ==-~ -n _ .43B tl0(b) prow%des ~nu~ - ~ ~,~,~m nt orocedur~ G.L.c._~ ~, +h~ following steps are existing charter ma~ -~ .... taken: a. Proposal ~hat amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. . . are that it requires no state ........ f this method ~-- ~n the revision T~e a~van~ag~_~ - · .... t~ke leSS ~m= ~-- ~ =~ ~1~ le isl.tive cedure. The ~zsaavan%~T= ..... ~ be used to change the __. composition! ~oo~ ~ ?~-- . the selec~men.o{ ~'~=i~.~ lv -~ ehe local legislative body. ~--t or rescLn~ a ~ - = ..... ct be used Moreover, ~% to amend it. d - The third method of amending a Special Act Char~.~r.met~ .~ te legislature to.pass a - arter is t? .endmen s- special act zncorpu~=~,,~ ..... . . a. Town Meeting must authorize the petztzon to ~he state legislature; b. The legislature must approve the petition~ c. Although not required, voters traditionally vote to accept the epecial act. The advantages of this metho~ a~e that it can usually be accomplished ~n a relatively short time and there are no. mode restrlc . r ~erm cz m j lslature. election or ,~PO~e~'~°~uir,s action by the state leg disadvantage is AND IDA I G F,,.. Memorandum to Municipal Clients May 21, 1990 Page 2 legislature. The disadvantage of this procedure is that it can take between one and two years to complete. Amendment Dr0cedur- - G.L.c.43B, Jl0(b) provides that an existing charter may be amended if ~he following steps are taken: a. Proposal that amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. The advantages of this method are that it requires no state legislative approval and it can take less time than the revision procedure. The disadvantages of this method are that it still can take up to a year and it cannot be used to change the composition, mode of election or appointment, or terms of office of the local legislative body, the selectmen or the town manager. Moreover, it cannot be used to adopt or rescind a charter, only to amend it. Special Act Charter method - The third method of amending a charter is to petition the state legislature to pass a special act incorporating the proposed amendments. a. Town Meeting must authorize the petition to the state legislature; b. The legislature must approve the petition; c. Although not required, voters traditionally vote to accept the special act. The advantages of this method are that it can usually be accomplished in a relatively short time and there are no restrictions on amendments to change composition, mode of election or appointment, or term of major local offices. The disadvantage is that it requires action by the state legislature· AND PAIG~. P.C, Memorandum to Municipal Clients May 21, 1990 Page 3 If you have your own Town Charter, provisions which govern its amendment. to consult those provisions as well. it may also have You will certainly want We hope you find this overview useful in selecting the method which best meets the needs of your community should you need ~o address issues of charter adoption or amendment. Very truly yours, Joyce Frank JF/JMO/myj LEONARD KOP{~/NIAN DONALD G. PAIGE ELIZABETN A. LANE: JOYCE FRANK .JOHN W. GIORGIO KOPELMAN AND Palge, P.C. ATTORNEY~ AT LAW IOI ARCH STREET BOSTON, MASSACHUSETTS 0~'{10-1137 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Procedure for Charter ChanGe Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter amendment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Commission. Each of these is briefly described, along with a summary of the advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal Clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Please let me know if you have any further questions on this subject. Very truly yours, JBB/dk Enclosure cc: Board of Selectmen ~M~N N~r BL/I"'TL'RALt. KOpF'LMAN AND PAIGE. ID.C. A'I'TORNL""YS, AT L.AW BOSTON, NA55AC H USt., May 21, 1990 FA3( M E M O R A N D UM ,T o M U N ~ C I P A L C L ~ ~. N T S TO: BOARD OF SELECTMEN TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY PROCEDURES FOR CHARTER ADOPTION OR AMENDMENT We frequently receive questions regarding the various methods available to towns for adopting or amending a charter. Understanding these options and their advantages and disadvantages should be helpful in determining the timing of a proposed adoption or amendment. We have summarized each below. Adoption or revision procedure - G.L.c.43B, §10(a) provides that a charter may be adopted or revised if the following steps are taken: Town Meeting must be petitioned to consider whether a question to elect a cha~ter commission should go on the ballot; b. The voters elect a charter commission; C. The charter commission conducts hearings and issues a report; d. The proposed charter or revision must be reviewed by the attorney general; e. The proposed charter or revision must be approved by the voters. The advantage of this procedure is that it can be used to change the composition, mode of election or appointment, or term of major local offices. It also requires no action by the state KOPELMAN AND IDAIGE, [D.C. Memorandu~ to Municipal Clients May 21, 1990 Page 2 legislature. The disadvantage of this procedure is that it can take between one and two years to complete. Amendment Procedure - G.L.c.43B, Sl0(b) provides that an existing charter may be amended if the following steps are taken= a. Proposal that amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. The advantages of this method are that it requires no state legislative approval and it can take less time than the revision procedure. The disadvantages of this method are'that it still can take up to a year and it cannot be used to change the composition, mode of election or appointment, or terms of office of the local legislative body, the selectmen or the town manager. Moreover, it cannot be used to adopt or rescind a charter, only to amend it. Special Act Charter method - The third method of amending a charter is to petition the state legislature to pass a special act incorporating the proposed amendments. a. Town Meeting must authorize the petition to the state legislature; b. The legislature must approve the petition; c. Although not required, voters traditionally vote to accept the special act. The advantages of this method are that it can usually be accomplished in a relatively short time and there are no restrictions on amendments to change composition, mode of election or appointment, or term of major local offices. The disadvantage is that it requires action by the state legislature. IKOP£LIv~AN AND PAIG~', P.C. Memorandum to Municipa! Clie.nts May 21, 1990 Page 3 If you have your own Town Char~er, it may also have provisions which govern its amendment. You will certainly want to consult those provisions as well. We hope you find this overview useful in selecting the method which best meets the needs of your community should you need to address issues of charl~er adoption or amendment. Very truly yours, Joyce Frank JF/JMO/myj LEONARD KOP£LIHAN [LIZAB[TH A. {_AN[ KOIWELMAN AND PAIGE, P.C. ATTORNEYS AT LAW rOI ARCH STREET BOSTON, I~ASSACHUSETTS 02II0-1i37 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Procedure for Charter Chanqe Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter amendment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Commission. Each of these is briefly described, along with a summary of the advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Please let me know if you have any further questions on this subject. Very truly yours, JBB/dk Enclosure cc: Board of Selectmen IKOPELMAN AND PAIGE:, P.C. AT"roRN['¥$ AT [.AW .IOI ARCH 5'rR[~' laOSTON, NA._~.~I~HU$~. ~ i ~ O~,110-III~' May 21, 1990 ir.aX (~ ~'7') MEMORANDUM TO MUNICIPAL TO: BOARD OF SELECTMEN TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY RE: PROCEDURES FOR CHARTER ADOPTION OR A~D~ We frequently receive questions regarding t_he various methods available to towns for adopting or amending a charter. Understanding these options and their advantages and disadvantages should be helpful in determining the timing of a proposed adoption or amendment. We have summarized each below. AdoDtion or revision procedure - G.L.c.43B, §10(a) provides that a charter may be adopted or revised if the following steps are taken: Town Meeting must be petitioned to consider whether a question to elect a charter commission should go on the ballot; b. The voters elect a charter co~ission; C® The charter commission conducts hearings and issues a report; The proposed charter or revision must be reviewed by the attorney general; The proposed charter or revision must be approved by the voters. The advantage of this procedure is that it can be used to change the composition, mode of election or appointment, or term of major local offices. It also requires no action by the state KopELHAN AND PAIGE, Memorandum to Municipal clients May 21, 1990 Page 2 legislature The disadvantage of this procedure is that it can take betwee~ one and two years to complete- . 3B ~10(b) prov}des that an o amendment procedure - G.L. ¢~ i~ ~he following steps are '' ~sting chaucer m,y be a~en=e~ ~- taken: a. Proposal that amendment ~e put on ballot by two thirds vote of Town Meetxng; . b. Review by Attorney General'S office; c. Approval by local voters. . . · e that it requires no state -- -=---~=-es of this meth?d, ar .... ~me than the ~--~--- ~ ~sadvan=ages ~ ~'*i ..... ~ ~o change ~ com osition, m . . the sele¢=m ~ ~e local legislative b~d¥, _=__~ or rescind a charter, on1¥ MOreover, to amend it. ~pecial Act char~er metho~ - The third method of amending a state legislature to pass a 3. -~-~er is to petition th~ ...... osed amendments. ~al act incorporating ~ne ~ - the petition Town Meeting must authorize a. state legislature; The legislature must approve the petition; - -~thou-h not required, voters traditionally vote ac ; t the .pecial act. . es of this method a~e that it can usually ~e advantag txme and there are no The . I short · · ode of 'shed in a relative ~_ election or a¥~TiT-~'~uires actlon mX disadvantage ls un=u .... LEONARD KOPELNAN DONALD B. RAIGE ELIZABETH A, La. NE UOYCE FRANK ,JOHN W. GIORG;O BARBARA U. SAINT ANDRE dOEL B, BARD RICHARD .J. FALLON GEORGE M. MATTHEWS KOPELMAN AND PAIGE, P.C. ~ATTORNEYS AT LAW I01 ARCH STREET BOSTON, MASSACHUSETTS 02110-1137 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Procedure for Charter Change Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter ~endment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Co~mission. Each of these is briefly described, along with a summary of the advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Piease let me know if you have any further questions on this subject. Very truly yours, JBB/dk Enclosure cc: Board of Selectmen Memorandum to Municipal Clients May 21, 1990 Page 2 legislature. The disadvantage of this procedure is that it can take between one and two years to complete. Amendment DroceduFe - G.L.c.43B, §10(b) provides that an existing charter may be amended if the following steps are taken: a. Proposal that amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. The advantages of this method are that it requires no state legislative approval and it can take less time than the revision procedure. The disadvantages of this method arethat it still can take up to a year and it cannot be used to change the composition, mode of election or appointment, or terms of office of the local legislative body, the selectmen or the town manager. Moreover, it cannot be used to adopt or rescind a charter, only to amend it. Special Act Charter method - The third method of amending a charter is to petition the state legislature to pass a special act incorporating the proposed ameDRments. a. Town Meeting must authorize the petition to the state legislature; b. The legislature must approve the petition; c. A/though not required, voters traditionally vote to accept the special act. The advantages of this method are that it can usually be accomplished in a relatively short time and there are no restrictions on amendments to change composition, mode of election or appointment, or term of major local offices. The disadvantage is that it requires action by the state legislature. KOI=ELMAN AND PAIGE. P.C. Memorandum to Municipal Clients May 21, 1990 Page 3 If you have your own Town Char~er, it may also have provisions which govern its amendment. You will certainly want to consult those provisions as well. We hope you find this overview useful in selecting the method which best meets the needs of your community should you need to address issues of chal~cer adoption or amendment. Very truly yours, Joyce Frank JF/JMO/myj LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE dOYCIE FRANK KOPELMAN AND PAIGE, P.C. ~TTORNEYS AT LAW IO~ ARCH STREET BOSTON, MASSACHUSETTS 02ii0-1137 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: procedure for Charter Chanqe Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter amendment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Commission. Each of these is briefly described, along with a summary of the advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal Clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Please let me know if you have any further questions on this subject. Very truly yours, JBB/dk Enclosure cc: Board of Selectmen CHERYL ANN I'(,OPELMAN AND PAIGE, P.C. .101 ARCH STRF'~'T ~C)STON, HA~SACHUSr., I ;'S O~'llO°lil2 Hay 21, 1990 (,Bt'r) MEMORANDUM TO MUNICIPAL TO: BOARD OF SELECTMEN TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY RE: PROCEDURES FOR CHARTER ADOPTION OR AMENDMENT We frequently receive questions regarding the various methods available to towns for adopting or amending a charter. Understanding these options and their advantages and disadvantages should be helpful in determining the timing of a proposed adoption or amendment. We have summarized each below. AdoPtion or revision procedure - G.L.c.43B, §10(a) provides that a charter may be adopted or revised if the following steps are taken: ae Town Meeting must be petitioned to consider whether a question to elect a charter commission should go on the ballot; b. The voters elect a charter commission; Ce de The charter commission conducts hearings and issues a report; The proposed charter or revision must be reviewed by the attorney general; The proposed charter or revision must be approved by the voters. The advantage of this procedure is that it can be used to change the composition, mode of election or appointment, or term of major local offices. It also requires no action by the state Memorandum to Municipal Clients May 21, 1990 Page 2 ~? legislature. The disadvantage of this procedure is that it can take between one and two years to complete. Amendment procedure - G.L.c.43B, tl0(b) provides that an existing charter may be amended if the following steps are taken: a. Proposal that amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. The advantages of this method are ~hat it requires no state legislative approval and it can take less time than the revision procedure. The disadvantages of this method are'that it still can take up to a year and it cannot be used to change the composition, mode of election or appointment, or te~s of office of the local legislative body, the selectmen or the town manager. Moreover, it cannot be used to adopt or rescind a charter, only to amend it. Special Act ~harter method - The third method of amending a charter is to petition the state legislature to pass a special act incorporating the proposed amendments. a. Town Meeting must authorize the petition to the state legislature; b. The legislature must approve the petition; c. Although not required, voters traditionally vote to accept the special act. The advantages of this method are that it can usually be accomplished in a relatively short time and there are no restrictions on amenRments to change composition, mode of election or appointment, or term of major local offices. The disadvantage is that it requires action by the state legislature. KC).PELI~AN AND PAIG~'. D.C. Memorandum to Municipal Clients May 21, 1990 Page 3 If you have your own Town Char~er, it may also have provisions which govern its amendment. You will certainly want to consult those provisions as well. We hope you find this overview useful in selecting the method which best meets the needs of your community should you need to address issues of chaz~cer adoption or amendment. Very truly yours, Joyce Frank JF/JMO/myj KOI=ELMAN AND PAiGE, P.C, ATTORNEYS AT LAW ~Oi ARCH STREET BOSTON, MASSACHUSETTS 0:'110-1137 February 25, 1991 Mr. James P. Gordon, Town Manager North Andover Town Hall 120 Main Street North Andover, Massachusetts 01845 Re: Procedure for Charter Chanqe Dear Mr. Gordon: You have asked what the procedural requirements are for changing the North Andover Town Charter. You have also asked if a specific proposed Charter amendment can be adopted by Town Meeting vote. In my opinion, no changes can be made to the Charter simply by Town Meeting vote. Massachusetts law allows three methods for the amendment of Home Rule Charters: the statutory procedure set forth in General Laws Chapter 43B, §10; special act of the Legislature; or by a Charter Commission. Each of these is briefly described, along with a summary oft he advantages and disadvantages of each approach in the attached May 21, 1990 Kopelman and Paige Memorandum to Municipal Clients. You will note that each of these methods requires additional steps beyond Town Meeting Action. Please let me know if you have any further questions on this subject. Very truly yours, JBB/dk Enclosure cc: Board of Selectmen IKOI=F_.LMAN AND PAIGE:. P.C. A"~'"roRNIE'Y$ AT LAW BOSTON. HA~.~,ACHUSL""~'r$ 02110-111~' May 21, 1990 MEMORANDUM TO MUNICIPAL TO: BOARD OF SELECTMEN TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY RE: PROCEDURES FOR CHARTER ADOPTION OR AMENDMENT We frequently receive questions regarding ~he various methods available to towns for adopting or ~ending a charter. Understanding these options and their advantages and disadvantages should be helpful in determining the timing of a proposed adoption or amendment. We have summarized each below. Adoption or revision procedure - G.L.c.43B, §10(a) provides that a charter may be adopted or revised if the following steps are taken: Town Meeting must be petitioned to consider whether a q~estion to elect a charter commission should go on the ballot; b. The voters elect a charter co~mission; c. The charter commission conducts hearings and issues a report; d. The proposed charter or revision must be reviewed by the attorney general; e. The proposed charter or revision must be approved by the voters. The advantage of this procedure is that it can be used to change the composition, mode of election or appointment, or term of major local offices. It also requires no action by the state Memorandum to Municipal Clients May 21, 1990 Page 2 legislature. The disadvantage of this procedure is that it can take between one and two years to complete. Amendment Drocedur~ - G.L.c.43B, jl0(b) provides that an existing charter may be amended if %he following steps are taken: a. Proposal that amendment be put on ballot by two thirds vote of Town Meeting; b. Review by Attorney General's office; c. Approval by local voters. The advantages of this method are that it requires no state legislative approval and it can take less time than the revision procedure. The disadvantages of this method arethat it still can take up to a year and it cannot be used to change the composition, mode of election or appointment, or terms of office of the local legislative body, the selectmen or the town manager. Moreover, it cannot be used to adopt or rescind a charter, only to amend it. Special Act Charter method - The third method of amending a charter is to petition the state legislature to pass a special act incorporating the proposed amendments. a. Town Meeting must authorize the petition to the state legislature; b. The legislature must approve the petition; c. Although not required, voters traditionally vote to accept the special act. The advantages of this method are that it can usually be accomplished in a relatively short time and there are no restrictions on amendments to change composition, mode of election or appointment, or term of major local offices. The disadvantage is that it requires action by the state legislature. KOP~:LMAN AND P,AIG~. Memorandum to Municipal Clients May 21, 1990 Page 3 If you have your own Town Charter, it may also have provisions which govern its amendment. You will certainly want to consult those provisions as well. We hope you find this overview useful in selecting the method which best meets the needs of your community should you need to address issues of charter adoption or amendment. Very truly yours, Joyce Frank JF/JMO/myj Chairman, School Committee, per annum Moderator: For Annual Town Meeting For each Special Town Meeting Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Committee Recommendation: Favorable Action. 300 100 50 FINANCE COI~4ITTEE COAq4ENT: Favorable action recognizes the considerable personal unrelmbursement of expenses the members of these Boards incur on behalf of their work for the Town. Along with the salary are full fringe benefits, if the individual chooses to take them. ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN ~EETIN~. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. A. Report of the Strategic Planning Committee. B. Report of the Osgood Hill Study Committee. Board of Selectmen ARTICLE 5. COMMITTEE TO STUDY ANNUAL REPORT AND USE OF ELECTRONIC BULLETIN BOARD(S) TO PROVIDE INFORMATION TO CITIZENS OF NORTH ANDOVER. To see if the Town will vote to extend the time within which the committee shall make its report, under the provisions of Article 46, as voted at the Annual Town Meeting of May, 1994, until the May, 1996, Annual Town Meeting. Robert Ercolini and Others Board of Selectmen Recommendation: Favorable Action. ARTICLE 6. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town will vote to transfer unexpended balances of various articles to supplement other previously appropriated articles or accounts. Director of Finance & Administration Board of Selectmen Recommendation: No Action. Finance Committee Recommendation: No Action. ARTICLE 7. FISCAL YEAR 1995 BUDGET TRANSFERS. TO see what sums the Town will vote to transfer into various line items of the Fiscal Year 1995 operating budget from other line items of said budget, as follows: Transfer From: General Government - Total Personnel Services $ 80,000 Interest on Short-Term Debt 86,000 being the sum of $ 166,000. Transfer To: General Government - Total Expenses 12,500 Public Safety - Total Personnel Services 67,500 Division of Public Works - Total Expenses 59,000 Reserve Fund (ATM 5/94, Article ~13) 27,000 being the sum of $ 166,000; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Committee Recommendation= Favorable Action. FINANCE CO~ITTEE COf4~ENT: It is difficult to determine in advance precisely ~he amount of money that will be spent during the year on every budget item. Municipal finance laws requires that Town Meeting must vote to authorize transfers between salaries and expenses within General Government Operating Divisions. The result is that, as the end of the year approaches, certain excess funds and shortfalls can be identified. This article transfers funds to enable shortfall accounts to end the year in balance with the budgeted amount. ARTICLE 8. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1996. To see what action the Town will take, as to the budget recommendations of the Finance Committee for the fiscal year beginning July 1, 1995, and ending June 30, 1996; or to take any other action relative thereto. Board of Selectmen BINANCE C014~ITTEE C014~BNT: Listed below is a brief sum~.ary on the recommended balanced budget for Biscal Year 1996: ODeratin~ Departments School Department - Additional $ 997,900 from Fiscal Year '95 in order to maintain existing staff levels , fund negotiated collective bargaining agreements, and additional staffing at the Sargent School. This appropriation is approximately $ 300,000 in excess of our "Net School Spending" requirement under the Education Reform Law. General Government - The budget provides funding for negotiated collective bargaining agreements, and to provide for additional staffing and utility costs at the Stevens Library. Salary reductions from Fiscal Year '95 required eliminating a Junior Accountant, full-time clerical support in the Town Clerk's Office (both currently vacant), as well as part-time clerical support in the Town Manager's Office and a part-time position in the Board of Appeals. Expense budgets in other departments overall remain at Fiscal Year '95 service levels. ~ - The Fixed Costs portion'of the FY '96 budget overall has increased primarily because of assessments by the Greater Lawrence Vocational Technical School, Essex County Retirement, and Debt Service (net of school construction reimbursement for the Sargent School and the override funding to pay debt service on Osgood Hill). The Finance Committee has voted favorable on this recommendation and strongly urges Town Meeting to adopt a balanced budget for Fiscal Year 1996. ARTICLE 9. SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1996. To see if the Town will vote to raise and appropriate a s.um of money to supplement the monies appropriated under Article 8 of this 1995 Annual Town Meeting (General Appropriation Article) as follows; School Department - Personnel Services in the amount of $ 353,000; General Government - Personnel Services in the amount of $ 102,500; General Government - Other Expenses in the amount of $ 33,075; Public Safety - Personnel Services in the amount of $ 32,925; Division of Public Works - Personnel Services in the amount of $ 34,000; Division of Public Works - Other Expenses in the amount of $ 20,000; which sums in the total amount of $ 575,500 shall be contingent upon the approval by the voters of a general override of Proposition 2 1/2, so-called, or take any other action relative thereto. Board of Selectmen Board of Selectmen Reco~endation: Favorable Action. Finance Committee Reco.~endation: Favorable Action. 12 FINANCE COMMITTEE COMAV~ENT: Of the $ 575,500, $ 353,000 for the School Department will provide full funding for staffing and instructional materials necessitated by the anticipated enrollment increase in excess of 100 students. It will provide three classroom teachers and one-half of a remedial reading teacher; staff one day per week each in Art, Music, and Physical Education; Special Education Staffing; instructional equipment and materials and temporary summer help. Teachers Staff Art, Music, Phys Ed. Special Education Instructional Equipment Temporary Summer Help Total $ 128,500 37,800 123,500 51,898 $ 353,000 The $ 222,500 would provide to keep the library open an additional 8 1/2 hours per week, as well as replacement coverage for vacation and sick time -- strong demand has been expressed in the community for more open hours, staff training and book purchases; part-time clerical support in the Building Department for office coverage during vacations and sick leave; 25% of a full-time patrolman's salary, the balance coming from a federal grant; additional crossing guards in conjunction with the opening of the Annie Sargent School, and Police Department Training, vacation and sick fill-ins. Further, it would provide for a additional su~aer employees for parks and grounds maintenance owing to additional fields on Dale Street, at the Cyr Recycling Center, and at the Sargent School; Street Maintenance reflecting actual costs from Fiscal Year 1994; overtime in conjunction with Saturday refuse collection on holiday weeks; street lighting reflecting last year's actual and funding towards paying for the 350th Anniversary Celebration next year. General Government salaries in the amount of $ 72,500 will be applied to part-time clerical support in the Town Manager's office, hiring a Junior Accountant and one clerical position, and maintaining a part-time staff person in the Board of Appeals. Funding of these positions will restore staffing to fiscal year 1995 levels. Library Staffing $ 25,000 Library Staff Training & Books 8,075 Building Department - Clerical 5,000 Partial Patrolman's Salary 6,275 Crossing Guards 6,650 Police Training, Vacation, Sick 20,000 Town Buildings Custodian 15,000 Parks Summer Employees 6,000 Street Maintenance 4,000 Saturday and Holiday Refuse 9,000 Street Lighting 20,000 Town Manager - Salaries 11,836 Town Accountant - Salaries 29,500 Treasurer/Collector - Salaries 20,298 13 Appeals - Salaries 10,866 350th Anniversary ... 25,000 Total .2~ In approving this article, the Town would be adding to its tax base for next year and subsequent years. The simple fact is that Proposition 2 1/2 simply does not provide sufficient funds to keep up with basic needs. We have had considerable new growth in the past few years. This, along with tightened collection of back taxes and fees has obscured this fact. Despite State Aid, with labor contracts averaging in excess of 2 1/2% per year, labor costs require an increasing percentage of available revenues steadily impacting -- reducing -- the amount of funds for other basic necessary expenses. Further stressing the availability of funds in the State mandate which requires the Town to appropriate a specific minimum amount on education in North Andover. The net result is that the tax base has to be raised lust to provide a sufficient level of funds to operate the Town. The $ 575,500 in this article would be permanently added to the tax base and hence enable the Town to raise more funds to meet pressing Town needs than it otherwise would. ARTICLE 10. ESTABLIS~{MENT OF A FACILITIES ACQUISITIONS/DEBT SERVICE RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $ 2,000,000.00 or any other sum, which said sum shall be contingent upon the approval of the voters of a general override of Proposition 2 1/2, so-called, for the establishment of a Facilities Acquisitions/Debt Service Reserve Fund. Said fund is established in order to provide funding, within the tax levy, for debt service or acquisition costs directly associated with design, renovation, new construction and equipping from time to time to meet the needs of municipal facilities, as authorized by Town Meeting; and further, to authorize the Board of Selectmen to petition the legislature to establish this fund, if necessary, as a permanent and restricted reserve fund and to provide for annual additions thereto (appropriations) in the amount of the aforementioned override amount plus 2 1/2 % cumulative annual increments thereon or to ~ake any other action relative thereto. Board of Selectmen Board of Selectmen Recommendations Favorable Action. Finance Committee Reco,~Lendation: Favorable Action. FINANCE COMMITTEE CO~HENT: "General" overrides are intended to allow the voter to decide whether or not the community can increase its taxing ability in excess of the limits of Proposition 2 1/2 to provide additional funding for operating budgets. This t]rpe of override is a permanent increase in the tax levy of the Town. For major facility needs, a "debt exclusion" override is used to permit the Town to raise by taxation the amount associated with the debt 14 service for the proposed project. The taxes raised for ~his purpose end upon retirement of the bonds (t~ically over 20 years). This article introduces a different approach in that it proposes a "general" override to be used strictly to fund major facility improvements, as authorized from time to time by Town Meeting. Each year the Town would be required to fund $ 2,000,000, plus the annual 2 1/2% growth factor, into a "Capital Facilities Acquisition/Debt Service Reserve Fund", without further appropriation. From the fund, Tov~n Meeting can appropriate funds either to pay for the annual facility debt service or provide the necessary funds for facility acquisition. The Town has developed cash flow models which analyzed existing needs, and has determined that $ 2,000,000 as a general override is sufficient to address those needs over the next 10 years. (See chart in supplemental information section at the back of the warrant.) It is Town Meeting, however, that will decide which projects will be authorized. There is also a provision which provides a tax reduction if the Board of Selectmen and Finance Committee determine the fund balance is in excess of identified needs. Special legislation would be needed to fully implement this plan if the voters at both Town Meeting and at the election of May 8, 1995, vote approval. This proposed legislation has been developed through discussions with Town Counsel, Bond Counsel, and the Massachusetts Department of Revenue, in order to insure the commitment of the Town to the Capital Facilities Acquisition/Debt Service Reserve Fund. A copy of the proposed legislation is enclosed in the supplemental information section for review. The immediate effect of passing this article would be to provide the means of adding to and ranovating the Middle School if this Article is approved. It is strictly limited to capital projects such as the just mentioned Middle School. If, and only if voted by Town Meeting, this fund could service the cost of building a new f/re station, renovating the high school, renovating the Old Center Fire Station, or such other capital projects, as Town Meeting would choose, or not choose, to do each year. It absolutely could not be used for the Operating Budget. 15 EXPLANATION: In order to fund the items listed under the column, "Finance Committee Recommend" a transfer will be needed to fund the purposes listed below: Item #2 - Police Equipment (Radars & Intoxilyzer) $ 22,000 Item #27 - Lower Ceilings/Replace Lights - Thomson 14,800 Item #29 - Replace Switchboard Breakers High School 22,000 in the amount of $ 58,800 to be transferred from: ATM ART# /ITEM ~ AMOUNT 5/90 19/24 Kittredge School Roof 19,320.85 5/93 7/4 Town Clerk Computer System 7,929.00 5/91 12/22 Fuel Storage 3,860.70 5/88 Fire Station Study 8,326.80 5/90 9/10 Police Communications 75.00 5/91 12/5 Police Communications 258.52 5/92 8/1 Central Dispatch 2,316.16 5/92 8/4 Police Communications 1,334.35 5/92 8/6 Fire Exhaust 1,435.50 5/92 8/8 Fire Radio 794.74 5/92 8/25 DPW Trucks 16.97 5/93 7/30 DPW Trucks 1,785.00 5/94 9/21 Bldg. Inspector Auto 836.00 5/94 9/20 COA Van 347.00 5/94 8 Public Safety - Other Exp. 10,163.41 Further, to raise and appropriate the balance needed to fully fund Item #2, in the amount of $ 19,000, and to fund Items #9, 23, 24, and 31 subject to an affirmative vote to override Proposition 2 1/2 for Capital Improvements in the amount of $ 256,000; and further, to fund Item #5, a transfer from the Ambulance Replacement fund; and to fund Items #7, 8, I1, 25, 26, 30, 32, 33, 34, 35, and 36 that the Treasurer be authorized to borrow by the Board of Selectmen subject to an affirmative vote of the aforementioned Proposition 2 1/2 override; and further, to raise and appropriate the sum of $ 50,000 for Item #14, and that the Treasurer be authorized to borrow by the Board of Selectmen in order to fund items 12, 13, 15, 16, 17, and 20. ARTICLE 12. AUTHORIZATION TO RECONSTRUCT, REMODEL, AND CONSTRUCT ADDITIONS TO THE NORTH ANDOVER MIDDLE SCHOOL. To see if the Town will vote to raise and appropriate, the sum of $ 17,973,000 or any other sum to be expended under the direction of the School Building Committee for the purpose of reconstructing, remodeling and constructing additions to the North Andover Middle School, 18 includin9 any necessary designer services related thereto, including the preparation of plans and specifications, and the purchasing of equipment and furnishing therefor; and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project; and to determine whether this appropriation shall be raised by borrowing or otherwise; to replace and supersede the $ 260,715 borrowing authorization for planning purposes voted under Article 9 at the 1994 Annual Town Meeting, and the $ 239,285 transfer voted under Article 32 at that meeting; and to authorize the Board of Selectmen to petition the General Court for an act authorizing interest on the borrowing to be capitalized during construction, if necessary; or to take any action relative thereto. Board of Selectmen School Committee Finance Committee Board of Selectmen Recommendation: Favorable Action. Finance Committee Recommendation: Favorable Action. ~: The Middle School is currently at capacity. Within the next five years an additional 300 students who are now enrolled in the elementary schools will be moving forward into the Middle School. When completed, this project will include a new library, a new physical education/multi-purpose area, as well as new and renovated technology, fine arts and classroom spaces for 1,200 students. Additionally, renovations and replacements will be made to all electrical, plumbing, heating and ventilation systems. The Veteran's Auditorium and the kitchen will be modernized. Accessibility and life safety codes will be brought up to compliance. The enrollment increases that we will experience beginning this September, necessitate the additional space in order to maintain a sound educational program for the Middle School students. Detailed information on the Middle School project can be referred to in the supplemental information section at the back of the warrant. BOARD OF SELECTMEN COI~MENT: The Board of Selectmen's and the Finance Committee's favorable recommendation on this article is subject to an agreement reached by the School Committee, the Board of Selectmen, and the Finance Committee at their joint meeting of April 5, 1995. This agreement arrived at between the Boards wes that the Finance Committee and the Board of Selectman would support an appropriation for the Middle School Project without a 2 1/2 financing contingency with the understanding that the School Committee and the School Building Committee has agreed not to co--it the expenditure of funds under the Middle School appropriation until such time, as a source of funding for the project has been identified. The purpose for moving the article forward in this manner is to allow the School Department to apply for School Building Assistance funding prior to June 1, 1995. 19 FINANCE CO~L~ITTEE CO;~W~.NT: We strongly endorse favorable action. Filing by June 1 gets us in line for reimbursement at 63% of the project cost. It is estimated that it will be at least the year 2001 before State funds become available. Both the size of the project and the anticipated reimbursement make this project very different from the Sargent School and impossible to finance out of the yearly operating budget without significantly impacting the availability of new revenues to fund the rest of Town government. It does not mean the project will go forward; that can only happen when the Selectmen certify that funds are available, and they have to rely on information furnished them by the Finance Director to do that. If Article 10 is approved, the Middle School project can move ahead promptly. Information relative to this project can be found in the supplemental information section at the back of the warrant. ARTICLE 13. RENOVATION/ADDITION OF MIDDLE SCHOOL - APPROPRIATION OF $ 17,973,000 BY CITIZEN'S PETITION. To see if the Town will vote to raise by taxation, by transfer of available funds, by borrowing, or by any combination of the foregoing and appropriate $ 17,973,000 or any other sum, to be expended under the direction of the School Building Committee for the purpose of reconstructing, remodeling, and constructing additions to the North Andover Middle School including; any necessary design services' related thereto, including the preparation of plans and specifications; the purchasing of equipment and furnishings, therefor; and the retaining the services of a qualified construction manager to oversee the project, or to take any other action related thereto. Barbara Hagerty and Others Board of Selectmen Recommendation: Unfavorable Action. Finance Co=~ittee Recommendation: Unfavorable Action. Finance Committee Comment: We strongly recommend unfavorable action. While the effect of passage of this article would not be felt until July 1, 1996, the impact beginning then would be devastating. The chart below clearly illustrates this point. ALLOCATION OF NEWREVENUES (PROJECTED) FUNDING MIDDLE SCHOOL PROJECT WITHIN TAX LEVY (OOO'S OMITTED) ANNUAL RBVENUE GROWTH* 3 YEAR AVERAGE INCREASED APPROPRIATION LEVEL TAX SUPPORTED DEBT (Through FY '96 Projects) $1,516 $1,516 $1,516 $1,516 ( 300) ( 300) ( 300) 0 2O ADDITIONAL FUNDING REQUIRED TO DEBT SERVICE(Includes Middle School Projected Debt) ( 551) (1,414) (1,268) (1,776) NET AVAILABLE NEW REVENUES TO FUND OPERATING BUDGETS S 665 (S 198) (S 52) (S 260) *Exclusive of non-recurring revenue sources or future successful overrides. ARTICLE 14. ACQUISITION FOR A YOUTH CENTER FACILITY. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws Chapter 44, the sum of $ 450,000 or any other sum for the purpose of acquiring a building and land located at 400 Osgood Street to be used as a Youth Center facility; to authorize the Town Manager with the approval of the Board of Selectmen to enter any contract or to take any other action necessary to carry out the purpose of this project, and to authorize the Town Manager or his designee to apply for and expend any federal or state grants, accept donations or other assistance for this project; and to determine whether this appropriation shall be raised by borrowing or otherwise; and to authorize the Board of Selectmen to petition the General Court for an act authorizing interest on the~borrowing to be capitalized during construction, if necessary; or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Committee Reco=~endation: Favorable Action. Planning Board Recommendation: Favorable Action. FINANCE CO~4~ITTEE CO~IMENT: $ 450,000 is determined to be the optimum amount needed to acquire the building and land on Osgood Street between the Division of Public Works and the High School. Zt is anticipated that a considerable amount will come from grants and fund raising efforts to minimize the borrowing needs for acquisition. The need for this facility has been strongly attested to by the Director of Youth Services, as well as numerous other citizens. ARTICLE 15. RENOVATION AND CONSTRUCTION FOR A YOUTH CENTER FACILITY. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws Chapter 44, the sum of $ 1,500,000.00 or any other sum for the purpose of necessary designer services, renovations of and reconstruction to an~existing building to be used as a Youth Center facility, including the purchasing of equipment and furnishings therefore; to authorize the Town Manager with the approval of the Board of Selectmen to enter any contract or to take any other action necessary to carry out the purpose of thi~ project, and that the Town Manager be required to retain 21 the services of a qualified construction manager to oversee the project, and to authorize the Town Manager or his designee to apply for and expend any federal or state grants, accept donations or other assistance for this project; and to determine whether this appropriation shall be raised by borrowing or otherwise; and to authorize the Board of Selectmen to petition the General Court for an act authorizing interest on the borrowing to be capitalized during construction, if necessary; provided, however, that no debt shall be incurred under this vote until the Town votes to exempt from the limitations on total taxes imposed by Massachusetts General Laws Chapter 59, Section 21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply to those principal and interest payments less any receipt of any donations, federal and state grants, if any; or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Coau~ittee Recommendation: Favorable Action. FINANCE COA~ITTEE COA~4ENT: Servicing the $ 1,500,000 would come from Article 10, if a~proved. ARTICLE 16. CONSTRUCTION OF A FIRE STATION. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws Chapter 44, the sum of $ 1,070,000.00 or any other sum to be expended under the direction of the Town Manager with the approval of the Board of Selectmen for the purpose of constructing and equipping of a Fire Station, on Osgood Street, to replace the existing Fire Station located on Main Street, including any necessary designer services related thereto, including the preparation of plans and specifications; and to authorize the Town Manager to enter into any contracts or to take any other action necessary to carry out the purpose of this project, and that the Town Manager be required to retain the services of a qualified construction manager to oversee the project, and to authorize the Town Manager or his designee to apply for and expend any federal or state grants or other assistance for this project, and to determine whether this appropriation shall be raised by borrowing or otherwise; to replace and supersede the $ 270,000 borrowing authorization voted under Article 9 at the 1994 Annual Town Meeting; and to authorize the Board of Selectmen to petition the General Court for an act authorizing interest on the borrowing to be capitalized during construction, if necessary; provided, however, that no debt shall be incurred under this vote until the Town votes to exempt from the limitations on total taxes imposed by Massachusetts General Laws Chapter 59, Section 21C {Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply to those principal and interest 22 payments less any receipt of any federal and state grants and other assistance, if any, or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Unfavorable Action. Finance Committee Recoa~endation: Favorable Action. FINANCE COI~4ITTEE COZ4~ENT: We recommend favorable action. While acknowledging there is no perfect site for relocating the Main Street Fire Station, we feel compelled to agree with the recommendation of the Fire Chief and the Town Manager, which concludes that response times and downtown coverage can be maintained at a site other than Main Street. From a cost effective, as well as a service effective point of view, we reco~end favorable action. ARTICLE 17. AUTHORIZATION TO FUND REPAIRS TO BEAR HILL AND SUTTON HILL STORAGE TANKS BY A TRANSFER OF FUNDS FROM OTHER AVAILABLE UNEXPENDBD FONDS. To see if the Town will vote to transfer $ 95,888.00 to Article 8, Item 28 (Bear Hill Storage Tanks) and to transfer $ 94,065.00 to Article 8, Item 29, (Sutton Hill Storage Tanks) of the 1992 Annual Town Meeting, from the unexpended balances of: 1987 Annual Town Meeting, Article 36, Water Mains $ 110,043.52 1991 Annual Town Meeting, Article 12, Section 27 - Water Mains 25,000.00 1992 Annual Town meeting, Article 8, Section 31, 54,909.48 Phase 2 Sewer - Great Pond Road being a sum total of $ 189,953; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recomendation: Favorable Action. Finance Committee Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. EXPLANATION: The funds requested for transfer will be used to complete the work at both the Sutton Hill and Bear Hill Reservoirs. Work which remains to be completed includes installation of a fence at Sutton Hill and improvements to the site grading, drainage system, and access road at Bear Hill. Completion of the improvements on the reservoirs are conditions of approval required by the Massachusetts Department of Environmental Protection. The Bear Hill Reservoirs must remain out of service until all conditions specified in their a~proval have been satisfied. 23 The reservoir projects were advertised for competitive bids three times before an acceptable bid was received within the funds available. That was accomplished by reducing the scope of the project to lower the cost. A reduced scope contract was awarded to the iow bidder in August, 1994, and the project is currently nearing completion. Work accomplished includes improvements to inlet and outlet structures and installation of new covers at the Sutton Hill Reservoir; and reconstruction of the earth basins, installations of new liners and covers, and installation of a pumping system at the Bear Hill Reservoir. FINANCE COI4MITTEE COI~EHT: Strong approval is given to this article. With over $ 1,000,000 already expended on theae projects, only $ 190,000 is required to complete them. Once completed, DEP certification is expected. This article does not involve the raising of additional funds. Funds needed will come solely from transfers of excess funds in completed projects. A cast aualysis is provided in the supplemental information section at the back of the warrant. ARTICLE 18. LEASE A~RE~MENT FOR ~SE AND OCCUPANCY OF THE TEXTILE MUSEIIM FOR MUNICIPAL OFFICES. To see if the Town will vote to authorize the Town Manager, with the apgroval of the Board of selectmen, to enter into a lease or in the alternative, a lease with a purchase option agreement, which option shall only be exercised with the approval of Town Meeting, for a term in excess of three years for the purpose of leasing approximately 24,000 square feet of office space for use, as Town Hall Administrative offices; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation= Unfavorable Action. Finance Committee Recommendation= Favorable Action. FINANCE CO~ITTEE CO~ENT: The lease arrangement in the first year has no budgetary impact in fiscal year 1996, since the first payment would be due after July, 19~6. To justify the expense involved in making this the new Town Hall, a long-term lease would be negotiated. Moving Town Hall to the Old Center would not result in commercial development around it for the area is classified as part of the Historical District. Moving here would make available the current Town Hall for lease as commercial or retail space. The Planning Department has been meeting with local developers exploring alternative end uses for the existing Town Hall on Main Street. So as not to inconvenience residents in the downtown area, a small satellite office would be provided downtown at a cost not considered significant. See Supplemental Znformation for an outline of proposed lease terms. 24 ARTICLE 19. AMEND APPROPRIATION FOR TOWN HALL RENOVATION FUNDS TO AUTHORIZE RENOVATION OF THE TEXTILE MUSEUM FOR MUNICIPAL OFFICES. To see if the Town will vote to amend the vote of Article 9, Item 30, of the May 2, 1994, Annual Town Meeting in the sum of $ 500,000 for the purpose of an Addition/Renovation to Town Hall (including design and equipping) by amending the purpose of the appropriation to be, as follows: That sum of $ 500,000 be expended under the direction of the Town Manager, with the approval of the Board of Selectmen, for the purpose of renovating, equipping, and furnishing the Museum of American Textile History building on Massachusetts Avenue., in order to use and occupy said location for Town Hall offices, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recomendation: Unfavorable Action. Finance Committee Recommendation: Favorable Action. FINANCE COI~2~ITTEE COFIHENT: The 1994 Annual Town Meeting appropriated $ 500,000 for ADA accessibility to and partial renovation of the existing Town Hall. · This article would shift the authorization to the proposed Town Hall in the vacated Textile Museum building. It appears that the work necessary to be done to give the Town 2 1/2 times, as much space as it has now, can be done for considerably less than $ 500,000 which would be a cap on what could be expended, not a mandate that that much be spent. ARTICLE 20. AMEND SOURCE OF FUNDING ON CAPITAL IMPROVEMENTS pLAN APPROPRIATION FOR FISCAL YEAR 1995. To see if the Town will vote to amend the vote of Article 9 of the May 2, 1994, Annual Town Meeting by deleting the following from the bonding authorization: Item 8, Public Works Equipment Item 20, Council on Aging 12 Passenger Van $ 216,500 23,000; and by reducing the authorization to borrow from $ 6,504,815 to $ 6,265,315 and adding after "Massachusetts General Laws" the following: "and to transfer the sum of $ 239,500 from the Capital Improvements Reserve Fund to provide for the funding for Items 8 and 20." Board of Selectmen Board of Selectmen Recomm%endation: Favorable Action. Finance Con=aittee Recommendation: Favorable Action. FINANCE CO~4~ITTEE CO~NT: Favorable Action simply changes the way Items 8 and 20 are paid for from long-term bonding to cash. This eliminates the interest that would have had to be paid to finance 25 these items, freeing up future revenues for other needs. The items have already been purchased. After this transfer, the Capital Improvements - Reserve Fund would have a balance of approximately $ 108,500. ARTICLE 21. AMEND AUTHORIZATION TO BORROW - VARIOUS ARTICLES. To see if the Town will vote to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorization to borrow under Massachusetts General Laws Chapter 44, Section 7(3) to be reduced in the amou/lt of $ 29,600.00 or to take any action relative thereto. Director of Finance Board of Selectmen Reco~nendation= Favorable Action. Finance Committee Recomendation: Favorable Action. FINANCE COFA~ITTEE COf4MENT: At the May, 1994, Annual Town Meeting, authorization in the amount of $ 29,600 was voted to repair and retrofit the existing ozone system at the Water Treatment Plant. As the Town evaluated the scope of work and after discussions with the manufacturer, it was determined not to be cost effective to repair the system but to move forward with the installation of the new ozone generator, which was also voted at last year's Annual Town Meeting. This action rescinds the authorization of the $ 29,600 since it is no longer necessary for this purpose. ARTICLE 22. AUTHORIZATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 90 HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 608,648.00 for Massachusetts General Laws Chapter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer, with the approval of the Board of Selectmen, to borrow $ 608,648.00 of Chapter 90, Highway Funds, in anticipation of State reimbursement under Massachusetts General Laws Chapter 4, Section 6A. Boar~ of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Co=~ittee Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. FZNANCE COFI~ITTEE COF~4ENT: Favorable action is necessary to receive state funds. The $ 608,648 has been committed by the State and is paid to the Town on a reimbursement method once the work is completed. The funds are permitted to be expended for maintenance and construction only on Town accepted roads. 26 ARTICLE 23. R~SERVE FUND, TO see if the Town will vote to raise and appropriate $ 75,000 to fund the Reserve 551nd; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recom~endation: The Board recommends that $ 50,000 be raised and appropriated for the purposes cf the article. Finance Committee Recommendation: Favorable Action. FINANCE COI~ITTEE CO~4~ENT: In view of extremely tight budgeting and with year-end fund balances becoming smaller and smaller, maintaining a level of $ 75,000 is considered an absolute minimum. Funds from this Reserve Fund can only be used to meet emergencies or unforeseen expenditures. ARTICLE 24. AUTHORIZATION TO APPLY FOR GRANTS FOR STEVENS M~MORIAL LIBRARY. To see if the Town will vote to authorize the Trustees of the Stevens Memorial Library to apply for and accept any federal or state grants which may be available for the Library Addition/Renovation project, or take any other action relative thereto. Library Board of Trustees Board of Selectmen Recommendation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~4ITT~E CO~Fr: Favorable action is required by Statute to enable the Library to legally accept any grant funds, which we are eligible to receive as partial re/mbursemant of cost attributed to the library reconstruction and addition. The Library Board of Trustees has submitted a grant application for this purpose. ARTICLE 25. EXPENDITURE OF GRANT FUNDS. To see if the Town will vote to authorize the Town Manager subject to the approval of the Board of Selectmen to apply for, accept and enter into contracts from time to time for the expenditure of any funds allotted to North Andover by the Commonwealth of Massachusetts or the U.S. Government under any State or Federal grant program; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recoa~tendation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~4~ITTEE CO~4~ENT: This article authorizes Town Officials to apply for and to accept Federal or State grants that might become available during the coming fiscal year. Without Town Meeting 27 authorization, some grants could be lost or jeopardized due to the delays resulting from the necessity of calling a Special Town Meeting or waiting for the next Annual Town Meeting for approval. ARTICLE 26. WETLANDS FILING FEES ACCOUNT. To see if the Town will vote to appropriate a sum from the Wetlands Filing Fees Account to be used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. Conservation Commission Board of Selectmen Recommendation= Favorable Action. Finance C~LLittee Recommendation= Favorable Action. FINANCE COI~4ITTEE CO~ENT: Funds appropriated from this account were accumulated from fees paid to the Town under the Wetlands Protection Act. The Town has applied the use of these fees by hiring a part-time employee in the Conservation Department to insure compliance with the Act. ARTICLE 27. AUTHORIZATION TO ENTER INTO INTERMUNICIPAL A~P. EEMENTS. To see if the Town will vote to authorize the Board of Selectmen to enter into one or more IntermunicipalAgreements pursuant to Massachusetts General Laws Chapter 40, § 4A, with other municipalities or districts for their use of the North Andover Fire Safety Trailer for the provision of Fire Prevention and Safety Education within such jurisdiction on such terms and conditions, as the Selectmen deem to be in the best interests of the Town. William V. Dolan, Fire Chief Board of Selectmen Recommendation: Favorable Action. ARTICLE 28. AUTHORIZATION TO ESTA~LISH A REVOLVING FUND. To see if the Town will vote to authorize a revolving fund under Massachusetts General Law Chapter 44, Section 53 1/2, that may be spent by the Fire chief without further appropriation during FY 96 to pay salaries, expenses and contractual services required to run an Intermunicipal Fire Prevention and Safety Program. The revolving fund is to be credited with all fees received during FY 96 from other municipalities or districts using the program. The Fire Chief, with the approval of the Town Manager, may be authorized to expend from this fund up to $ 10,000.00 for directly related program costs during FY 96. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~ITTEE COI~4ENT: This does not impact the budget. Funds received from leasing out the trailer to other communities would be 28 paid into this fund and would be the only funds available for direct labor, maintenance and supplies pertaining to the trailer. There has been substantial interest from other communities. ARTICLE 29. AUTHORIZATION TO OPERATE 0SGOOD HILL CONFERENCE CENTER. To see if the Town will vote to authorize the use of a revolving fund for fiscal year 1996, as established under Article 7 of the October 24, 1994, Special Town Meeting for the purposes of operating the Osgood Hill Conference Center, pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2; and that no funds were collected or expended from said revolving fund during the period of October 24, 1994, to December 31, 1994; and further all receipts relating to the operation of the Conference Center including, but not limited to seminars, conferences, and functions, will be credited to the revolving fund; and that no expenditure be made from the revolving fund without the authorization of the Town Manager, and that the total expenditures charged to the revolving fund will not exceed $ 215,000 to include all directly related operating expenses, including salaries, goods and services, capital improvements, and other expenses in fiscal year 1996 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~4~ITTEE CO~4~ENT: This is a continuation of the fund established at a Special Town Meeting and election last October, when it was voted to purchase Osgood Hill. It is necessar~ to reauthorize it each fiscal year. The restraints detailed in the article are self-explanatory and should provide proper control over the revolving fund. By law the amount that can be set aside for the total of all revolving funds is 1% of the tax levy. ARTICLE 30. SENIOR CITIZEN AND DISABLED HOMEOWNERS TAX RELIEF PROGRAM. To see if the Town will vote to raise and appropriate or transfer from available funds, the sum of $ 10,000 to be added to funds previously appropriated under Article 8, as General Government - Total Expenses for the purpose of providing senior citizens and disabled homeowners with a real estate tax payment voucher program pursuant to an agreement to be formulated by the Council on Aging and approved by the Town Manager or to take any other action related thereto. Board of Selectmen Board of Selectmen Reco~endation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~4MITTEE CO~4~I~TS: We recommend approval and that funding be provided in the operating budget, Article 8. This would enable Senior Citizens to do Town work for up to $ 500.00 of their Town tax bills. It would be administered by the Director of the Senior Center. 29 ARTICLE 31. ACCEPTANCE OF MASSACHUSETTS GENERAL LAWS CHAPTER 30B, SECTION 12B REGARDING THE AWA/~DING OF CONTRACT EXCEEDING THREE Y~RS. To see if the Town will vote, in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12 B, to authorize the Town Manager in his capacity, as Chief Procurement Officer, with the approval of the Board of Selectmen, to solicit and award contracts exceeding three years, including renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the town. Board of Selectmen Board of Selectmen Recom~,endation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~94ITTBE COUNT: Under Massachusetts General Laws, the Town cannot enter into any contract or lease in excess of ~hree years without the approval of Town Meeting. This article will permit the Board of Selectmen ~o authorize the Town Manager to sign agreements in excess of three years, if the Board of Selectmen deem it is to the advantage of the Town to do so. It is proposed so as to enhance efficiencies in management decision making. ARTICLE 32. AM~NDMF~NT OF PERSONNEL BYLAW. To see if the Town will vote to adopt the following amendments to the Town of North Andover Personnel Bylaw, as previously adopted at the May, 1992, Annual Town Meeting and further amended at the May, 1993, and May, 1994, Annual Town Meetings. A. SECTION 2. DEFINITIONS: * Delete the following definitions: Permanent Employee: An employee retained on a continuing basis in a permanent position. permanent Employment: Employment for the Town, which has required or which is likely to require the services of an incumbent without interruptiqn for a period of more than six calendar months, either on a full-time or part-time employment basis. B. SECTION 6. TERMINATION NOTICES: * Delete from Paragraph {A) in the second sentence the word "permanent" and replace with ,'full-time", so that the amended second sentence will read, as follows: "After the probation period, the employee shall be considered a ~ employee of the Town." C, SECTION 10. COMPENSATION PLAN: * Amend Paragraph (D) to read, as follows: (D) An employee in continuous full-time or part-time employment shall be eligible to receive a merit increase, as follows: (1) After completion of six months at the minimum entrance rate. (2) Thereafter one year from the date of his or her previous increase. (3) The increase in rate which this increment represents must be 30 recommended by the employee's department head and approved by the Town Manager. (4) The increase shall be based on performance of the employee during the preceding six-month or twelve-month period and not solely on length of service. * Delete the following paragraphs: (E) An employee in continuous part-time employment shall be eligible to receive the increment between his or her present rate and the next higher step rate at such time as recommended by his or her department head and approved by the Town Manager, not earlier than following the completion of six months at his or her entrance rate and not earlier than following the completion of one year at any higher rate. (K) An employee receiving a promotion to a vacant position or to a new position, as defined in Section 4 (C): "Classification Plan" shall, upon assignment resulting from such promotion, receive the rate in the compensation grade of the vacant or new position next above his or her existing rate. If the resulting adjustment does not equal $100.00 for a position class assigned to Schedule B-1 or $.05 for a position class assigned to Schedule D, the adjustment shall be to the second rate above the existing rate but within the compensation grade of the vacant or new position. (I) The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive the next increment of his or her compensation grade effective following completion of six months at the rate resulting from the promotion. * Reletter the remaining paragraphs of Section 10 as, "A through E". D. SECTION 12. POSITION CLASSES. WAGES. ETC.: * Delete The existing Schedule A and replace with the following amended schedule. SCHEDULE A - CLASSIFICATION OF POSITIONS BY DIVISION AND COMPENSATION GRADE/SCHEDULE DIVISION/GP, ADE General Government Town Manager Administrative Assistant to the Town Manager Administrative Secretary to the Town Manager COMPENSATION/OR SCHEDULE Appt. S-14 S~7 Administration and Finance Finance Director Assistant Finance Director/Controller Assistant Treasurer Town Assessor Field Appraiser/Assistant Assessor Board of Assessors - Chairman Appt. S-20 S-14 S-21 S-15 Misc. 31 Board of Assessors - Part-Time Town Clerk Registrar of Voters - Town Clerk Registrar of Voters - Part-Time Town Accountant Junior Accountant Personnel/Permits Manager Public Safety Fire Chief Deputy Fire Chief Police Chief Police Lieutenant - Executive Officer Community Service Officer Dispatchers Dispatch Supervisor Police Matron Police Reservists School Crossing Guards - Part-Time Civil Defense Director - Part-Time Public Works Director of Public Works Assistant Director of Public Works Operations Supervisor Staff Engineer Vehicle Maintenance Dept Head (Combined) Water Treatment Plant Superintendent Asst. Water Treatment Plant Superintendent Municipal Summer Employees (Public Works) Municipal Summer Employees (Recreation Department) Bathing Beach Lifeguards Bathing Beach Supervisor Bathing Beach Assistant Supervisor Water Analyst Community Development and Services Director of Community Development & Services Natural Resource/Land Use Planner Town Planner Inspector of Buildings Assistant Building Inspector Gas Inspector/Plumbing Inspector - Part-Time Electrical Inspector - Part-Time Sealer of Weights and Measures Animal Inspector - Part-Time Junior Environmental/Health Inspector Administrative Assistant to Division Director Human Services Public Health Administrator Food Sanitation Inspector Misc. S-17 Misc. Misc. S-20 S-15 S-17 Appt. F-DEP Appt. S-22 SP Disp Disp-Supv Misc. Misc. Misc. Misc. Appt. S-22 S-21 S-20 S-13 S-22 S-20 Misc. Misc. Misc. Misc. Misc. S-15 Appt. S-17 S-19 S-21 S-16 Misc. Misc. Misc. Misc. S-9 S-14 S-20 S-17 32 Public Health Physician - Part-Time Board of Health - Part-Time Sanitary Health Inspector Health Agent Public Health Nurse Director of Elder Services Council on Aging Outreach Worker Council on Aging Bookkeeper Youth Service Director Youth Service Worker Library Director Assistant Library Director Veterans' Grave Officer SCHEDULE B-1 - COMPENSATION PLAN. (As Amended 5/93) * Delete the Following Schedule: Compensation Grade Min II III IV MAX S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-ii S-12 S-13 8.74 9.01 9.40 9 81 10 18 10 64 11 10 11 59 12 08 12 60 9.11 9.40 9.35 -9.67 9.73 10.09 10.15 10.53 10.59 10.93 10.84 11.41 11.51 11.89 12.00 12.42 12.51 12.96 13.06 13.54 * Add the Following Schedule: Compensation Grade Min. Max. S-4 8.74 10.78 S-5 9.01 11.09 S-6 9.40 11.55 S-7 9.81 12.03 S-8 10.18 12.53 S-9 10.64 13.07 S-10 11.10 13.64 S-ii 11.59 14.24 S-12 12.08 14.87 S-13 12.60 15.54 9.73 10 00 10 40 10 93 11 34 11 80 12 33 12 86 13 43 14 03 Misc. Misc S-19 S-17 Misc. S-21 S-6 Misc. S-21 S-9 S-21 S-18 Misc. 10.06 10.35 10.78 11.23 11.70 12.20 12.74 13.29 13.88 14.50 33 SCHEDULE B-2 - COMPENSATION PLAN (As Amended 5/93) * Delete the Following Schedule: S-14 24,787 25,723 S-15 25,871 26,844 S-16 27,031 28,042 S-17 28,492 29,573 S-18 30,031 31,189 S-19 31,635 32,866 S-20 33,354 34,668 S-21 39,388 40,586 S-22 45,689 47,080 26 657 27 819 29 091 30 662 32 345 34 106 35 983 42 157 48 903 27,599 28,832 30,141 31,772 33,485 35,347 37,291 43,537 50,503 * Add the Following Schedule: Min. Max. S-14 24 S-15 25 S-16 27 S-17 28 S-18 30 S-19 31 S-20 33 S-21 39 S-22 45 787 30 600 871 31 )70 031 33 410 492 35 206 031 37 136 635 39 181 354 41 345 388 48 121 689 55 821 SCHEDULE C - POLICE DEPARTMENT (As Amended 5/93) (Non-Union) * Delete the Following Schedule: S-P 9.04 9.28 9.65 10.00 PS-DISP 9.48 9.81 10.17 10.57 PS-DISP. SUPV. 11.69 12.10 12.54 12.99 P.Lt.- EO * Add the Following Schedule: S-P 9.04 11.05 PS-DISP 9.48 11.62 PS-DISP. SUPV. 11.69 14.38 SCHEDULE D - FIRE DEPARTMENT (NON-UNION EMPLOYEES) * Delete the Follow~ng Schedule: Min. II III Deputy Fire Chief 40,385.33 43,041.29 45,701.23 28,566 29,845 31,189 32,866 34,668 36,577 38,597 44,922 52,111 10.32 10.85 13.42 46,307.00/yr Max. 48,683.38 34 * Add the Following Schedule= Min. Max. Deputy Fire Chief 43,261.00 54,000.00 SCHEDULE E - MISC. COMPENSATION SCHEDULE FOR PART-TIME POSITIONS * Delete Present Schedule and Adopt Proposed Compensation Schedule: CLASS TITLE PRESENT COMP I N PROPOSED COMPENSATION Animal Inspector $ 300.00/MONTH Civil Defense Director 41.99~WEEK Gas Inspector/Plumbing Inspector 13.33/HOUR Library Page Min 4.48; Step II 4.76; Step III 5.05/HOUR Bathing Beach - Lifeguard - 40 Hours 334.71/WEEK Bathing Beach - Supervisor - 40 Hours 425.42/WEEK Bathing Beach - Assistant Supervisor 374.93/WEEK Municipal Summer Employees (PW) Police Matron Public Health Physician Public Health Nurse Board of Health Registrar of Voter Registrar of Voters-Town Clerk Reserve Patrolman School Crossing Guard Sealer of Weights and Measures Electrical Inspector Veterans Grave Officer Board of Assessors - Chairman Board of Assessors Recreation Director Bookkeeper - Council on Aging Bathing Beach/Gate Attendants W-1 MIN -0.25/HOUR 10.21/HOUR 1,200.00/YEAR 20.00/HOUR 700.00/YEAR 720.08/YEAR 800.12/YEAR 10.21/HOUR 7.30/HOUR 215.63/MONTH 13.33/HOUR 400.O0/YEAR 4,000.00/YEA/~ 3,000.00/YEAR 8,000.00/YEAR 950.00/YEAR Municipal Summer Employees (Recreation Dept.) $ 300.00/Month 43.67/Week 13.86/Hour 4.66-5.25/Hour 356.00-378.00/Week 468.36/Week 417.02/Week W-1 MIN LESS .25/Hour 10.62/Hour 1,200.00/Year 20.00/Hour 700 00/Year 720 08/¥EA/~ 800 12/Year 10 62/Hour 7 59/Hour 215 63/Month 13 86~Year 400 00/Year 4,000 00/Year 3,000 00/Year 8,000 00/Year 1,500 00/Year 5.25-5.75/Hour 7.00-8.33/Hour E. SECTION 13. INITIAL APPLICATION OF THE COMPENSATION PLAN * Delete the following paragraphs. The rate of each employee occupying a position, the compensation of which is provided for in Schedule B-l, B-2, or C, of Section 10: "Position Classes", shall be adjusted to the step-rate in the range of compensation grade to which his or her position has been allocated next above his or her existing rate. (C) If the adjustment so determined in the case of a full-time employee is less than $100 for the ensuing 12 months, the employee's rate shall be 35 moved to the second step above the existing rate but within the salary range for the position as set forth in Section 10: "Position Classes". (D) The rate of each employee occupying a position, the compensation of which is provided for in Schedule C of Section 10: "Position Classes" shall be adjusted to the rate for his or her position class as set forth in this By-Law. * So that the amended Section 13 reads, as follows: (A) Any amendment of this By-Law providin9 for a change in salary and wage rates shall take effect, if adopted at the Annual Town Meeting, in the following July 1, and if adopted at a Special Town Meeting shall take effect on the first day of the month next following such meeting. (B) If an employee's rate at the time of the adoption of this Bylaw is in excess of the maximum rate set forth in his or her appropriate compensation grade in Schedule B-I, B-2, C, D, or E, or is in ~xcess of the rate set forth for his or her position class in Schedule C of Section 10: "Position Classes", this rate shall not be reduced but shall become a personal rate only to said employee, as defined in Section 2: "Definitions.'. c) The adjustments provided for in this section shall be subject to the availability of appropriated funds. Board of Selectmen Board of Selectmen Recon~nendation: Favorable Action. Finance Committee Recommendation: Favorable Action. FINANCE CO~ITTEE COI~4~NT: This article will keep the current classification wage rates for non-union employees the same, as it currently exists but will ei/m/nate intermediate steps in grade and establish somewhat higher top limits in salary range. What this does is to provide management with greater flexibility in rewarding fine performance and hence encourage better performance. ARTICLE 33. DESIGNATION OF A JOINT ECONOMIC TARGET AREA. To see if the Town will vote to approve the inclusion of the Town of North Andover in its entirety, known as U.S. Census Tracts 2531, 2532.01, 2532.02, 2532.03, 2532.04 as part of the City of Lawrence Economic Target Area, to be amended by and subject to the approval of the North Andover Board of Selectmen, the Lawrence City Council and the State Economic Assistance Coordinating Council. Kenneth Mahony, Dir., Com~. Dev. & Svcs. Board of Selectmen Recommendation: Favorable Action. Planning Board Recomendation: Favorable Action. 36 ARTICLE 34. CONVEYANCE OF LAND ON STEVENS AND PLEASANT STREETS. To see if the Town will vote to authorize the Board of Selectmen to sell or otherwise convey to Joseph W. Lawlor and Shirley Lawlor for consideration of One Dollar ($1.00) all the Town's right, title, and interest in and to a certain parcel of land !ocated at the corner of Stevens Street and Pleasant Street and being more particularly described as Lot "A: on a plan entitled Plan of Land in North Andover, Mass., drawn for Joseph & Shirley Lawlor" dated March, 1995, by Merrimack Engineering Services, 66 Park Street, Andover, Mass, containing 9,8S0 square feet, more or less, according to said plan, which is on file in the Town Clerk's Office until such time, as it is recorded in the Essex North Registry of Deeds; or take any other action in relation thereto. Joseph W. Lawlor and Others Board of Selectmen Recommendation: Favorable Action (subject to the petitioner paying all costs associated with the conveyance of the land.) Planning Board Recomunendation~ Favorable Action. ARTICLE 35. AMEND ZONING ORDINANCE, REZONING OF LAND IN THE VICINITY OF GREAT POND ROAD AND PLEASANT STREET. To see.if the Town will vote to amend the North Andover Zoning Ordinance together with the Zoning Map to change from R1 and R2 to R3, the premises South of Pleasant Street and North of Great Pond Road, as further hereinafter described: The land shown on Registered Land Plan Number 33537C filed with the North Essex Registry of Deeds and shown on said plan, as lots 4 through 14 inclusive and an unregistered parcel of land shown on said plan, as belonging to Daniel J. Murphy, bounded as follows: Southeasterly westerly Northeasterly Northeasterly By the northwesterly line of Great Pond Road, 215.00 feet, 250.25 feet, and 49.65 feet; By land of various owners, 253.03 feet, 159.97 feet, 64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet, 127.20 feet, 143.98 feet, 23.60 feet, 283.32 feet, 15.50 feet, 135.00 feet, 108.48 feet, and 54.25 feet; By the Southwesterly line of Pleasant Street, 52.53 feet, 120.80 feet, 98.40 feet, 100.00 feet, 90.02 feet, 71.50 feet, 20.00 feet, 129.14 feet, 37.50 feet, 125.00 feet, 46.50 feet, 78.85 feet, 31.00 feet; and By the Northwesterly line of the Massachusetts Electric Company Easement, as it runs from Pleasant Street to Great Pond Road. Douglas J. Ely and Others Board of Selectmen Recom~endation: Favorable Action. Planning Board Recommendation: To be made at Town Meeting. 37 ARTICLE 36. REZONE - 57 TURNPIKE STREET. To see if the Town will vote to change the zoning of said parcel of land from existing zoning designation from Residential 4 to Business-4, which lot 13 now abuts. Parcels of land situated at Turnpike Street, North Andover, bounded and described as set forth in exhibits. 57 Turnpike Street, as being shown on a plan entitled "Plan of North Andover, MA," owned by Joseph F. Kelly dated April 20, 1955, Ralph B. Brasseur, C.E., recorded with Essex County North District Registry of Deeds, as Plan No. 3001 and more particularly bounded and described, as follows: NORTHEASTERLY sOUTHERLY NORTHWESTERLY by Salem Turnpike (State Highway) one hundred, twenty -two and 86/100 (122.86) feet; by land now or formally of Connelly, as shown on said plan, two hundred, seventy-six and 76/100 (276.76) feet; and by Lot 11, on said plan, two hundred forty-eight (248.00) feet. Containing 15,235 square feet of land, more or less, according to said plan. See map on page 39. William J. & Elaine M. Paul & Others EXPLANATION: Due to the recent road expansion of Turnpike Street (Rt. 114) in our area, residential living has become non-conducive and virtually impossible to sell the property as residential. We have had inquiries from commercial realtors about the property, and they have also suggested that we look into rezoning. Board of Selectmen Recom=~endation: To be made at Town Meeting. Planning Board Reco=~endation: To be made at Town Meeting. ARTICLE 37. REZONE - 47 TURNPIKE STREET. To see if the Town will vote to change the zoning of said parcel of land from existing zoning designation from Residential 4 to Business-4, which lot 13 now abuts. Parcels of land situated at Turnpike Street, North Andover, bounded and described as set forth in exhibits. 47 Turnpike Street as being shown as lot 11 on a plan entitled "Plan of North Andover, MA," owned by Joseph F. Kelly dated April 20, 1955, Ralph B. Brasseur, C.E., recorded with Essex County North District Registry of Deeds , as Plan No. 3001 and more particularly bounded and described as follows: NORTHEASTERLY by Salem Turnpike (State Highway) eighty (80) feet; 38 SOLFEHEASTERLY by lot 13, on said plan, two hundred and forty-eight (248) feet; SOUTHERLY by land of owners unknown, forty-six and 29/100 (46.29) feet; SOLVfHWESTERL¥ by part f lot 10 and part of 8, both on said plan sixty- seven and 05/100 (67.05) feet; NORTHWESTERLY by lot 9, on said plan, two hundred fifty-eight and 44/100 (258.44) feet. Contains 21,810 square feet of land, according to said plan. See map on this page. Joseph F. & Jeanne M. Bramanti & Others ~: Due to the recent road expansion of Turnpike Street (Rt. 114) in our area, residential living has become non-conducive and virtually impossible to sell the property as residential. We have had inquiries from commercial realtors about the property, and they have also suggested that we look into rezoning. Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. map 39 ARTICLE 38. AMEND ZONING BYLAW - SECTION 4.136 - WATERSHED PROTECTION DISTRICT. To see if the Town will vote to amend Section 4.136 Watershed Protection District of the Zoning Bylaws. The amendment will accomplish the following: A. Eliminate underground tanks throughout the Watershed. To allow restaurants connected to municipal sewer throughout the Watershed. To eliminate the discharge of domestic or industrial waste water in the non-discharge and non-disturbance butter zones. To add the Watershed Council, as a group that makes recommendations to the Planning Board on permit applications in the Watershed (Note: The watershed Council consists of the Planning, Conservation, Health, Public Works, and Water Treatment Plant Staff.). To clarify and make consistent the existing language, reorder the existing paragraphs. Exact wording of the resulting Bylaw follows with bold lettering showing the differences from the current version. 4.136 Watershed Protection District 1. Purpose The Watershed Protection District is herein established as an overlay district and shall be superimposed on the other districts established by this Zoning Bylaw. The requirements enumerated hereafter for this Watershed Protection District shall be in addition to, rather than in place of, the requirements of such other districts. The Watershed Protection District surrounds Lake Cochichewick, the Town's sole source of public drinking water supply. Regulations within the District are intended to preserve the purity of the ground water, the lake, and its tributaries; to maintain the ground water table; and to maintain the filtration and purification functions of the land; while conserving the natural environment; and protecting the public health, safety and welfare. The Lake Cochichewick Watershed Plan (August 1987), prepared by I.E.P., Inc., for the Town of North Andover, is a comprehensive study of the lake and its watershed. The Watershed Protection District is a portion of the I.E.P. study's recommended management plan. Copies of the I.E.P. report are available in the Planning Board Office. The Special Permit Granting Authority (SPGA) under this Bylaw shall be the Plats%lng Board. 40 2. Boundaries and Zone~ The boundaries of the Watershed Protection District are shown on the Zoning Map as set forth on a plan entitled "Subdrainage Areas", Lake Cochichewick Watershed Plan (August 1987), Attachment 1, dated August 1985, prepared by I.E.P.. Inc. for the Town of North Andover. This plan is hereby made a part of this Bylaw and is on file in the Office of the Town Clerk. The Watershed Protection District shall be divided into four zones. The uses and building requiremmnts for each zone will vary according to its proximity to the Lake and wetland resource areas. The Zones are as follows: ~eneral: There shall exist a ~eneral Zone within the Watershed Protection District which shall consist of all land located beyond four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and all wetland resource areas (as defined in Massachusetts ~eneral Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. ii. Non-Discharge: There shali exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts General Laws Chapter 131, Section 40, and the Town Wetland Bylaw} located within the Watershed. iii. Non-Disturbance: There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty {250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (75) feet and one hundred fifty {150) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts General Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. iv. Conservation: There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts General Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. 41 In the event that the SPGA determines, on the basis of credible evidence before it, that there exists a significant doubt or dispute concerning the proper location of boundaries of the Watershed Protection District on any individual lot or lots, the SPGA shall, at the request of the owner of such lot or lots, engage a Registered Professional Engineer to advise it in determining such boundaries. The owner making such request shall reimburse the SPGA for the cost of such Engineer. Upon completion of the Engineer's report to the SPGA, the SPGA shall hold a hearing to make a final determination of such boundaries. At such hearing, such report shall be deemed evidence sufficient to establish the location of the boundary unless rebutted by credible evidence to the contrary. When the Watershed Protection District boundary divides a lot of record as of June 28, 1978, in one ownership, that portion of the lot within the Watershed Protection District must comply with this Bylaw. Where the premises are partially outside of the Watershed Protection District, potential pollution sources such as on-site waste disposal systems, shall be located outside of the District to the extent feasible. The provisions relating to the Conservation Zone shall not apply to any activities undertaken by the Division of Public Works. The provisions relating to the establishment of the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non- Disturbance Zones shall only apply to lots recorded or registered after the date of the enactment of this amendment (October 4, 994). (1994/1STM). Table 1 - L~ts created after October 24. 1994 From Annual High Water Mark of Lake Cochichewick out to - ' r 150' 250' 400' From Edge of Ail Wetland Resource Areas Within the Watershed District out to 75' 150' 400' Tabl~ 2 - Lots created on or prior to October 24. 1994 From Annual High Water Mark of Lake Cochichewick out to 250' From Edge of Ail Wetland Resource Resource Areas within the Watershed District out to 100' 42 325' 325' 3. Uses and Buildino Re=uirements a. General Zone There shall exist a General Zone within the Watershed Protection District which shall consist of all land located beyond four hundred (400) feet horizontally from the annual mean high watermark of Lake Cochichewick and all wetland resource areas (as defined in Massachusetts ~eneral Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. ii. iii. Allowed Uses: The following uses shall be allowed in the General Zone of the Watershed Protection District as itemized below: (~) All permitted uses allowed in Section 4.121 .Permitted Uses Residence 1, 2, and 3 District" of the Zoning Bylaw. Ail uses associated with municipal water supply/treat- ment and public sewer provided by the Town of North Andover. (3) The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. (4) Maintenance of fire access lanes by the Fire Department. (s) All agricultural uses, providing that such uses exercise Best Management Practices and be undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands. Uses Allowed bv Special Permit: The following uses may be allowed in the General Zone of the Watershed Protection District by the granting of a Special Permit issued pursuant to Section 4 of the Watershed Protection District Bylaw: Golf courses, public or private with Best Management Practices. (2) Any other use not provided for elsewhere in this Section. (3) A commerc'ial kitchen on public sewer. hi ' : The following uses are specifically prohibited within the General Zone of the Watershed Protection District: 43 (~) (6) (9) Any solid waste facility as defined by Massachusetts General Laws Chapter 111, Section 150A. Municipal sewage treatment facility, not including sewer lines, pump stations and other accessory sewer system equipment used to transport sewage to a treatment facility located outside of the District. Privately owned waste water treatment plants. Road salt or other deicing stockpiles. Under~round tanks or collection pits for storage of fuel or hazardous materials inctudin~ any tanks or collection pits partially below mean ground elevation but excluding any tanks located completely within a building otherwise permitted under this Section. Dumpln~ of snow from outside the District. Motor vehicle salvage operations and junk yards. Car washes. Self-service sewer. laundries, unless connected to public (10) Airplanes, boat, or motor vehicle service and repair establishments (including auto body shops). (11). Metal platin~, finishin~ or polishing. (12) Chemical and bacteriological laboratories. (13) Electronic circuit assembly. (14) Hotels, or motels, unless connected to public sewer. (15) Painting, wood preserving and furniture stripping establishments. (16) Photographic processing establishments. (17) Printing establishments. (18) Dry Cleanin9 establishments. (19) Storage of herbicides, pesticides or fertilizers, other than in amounts normally associated with household or existing agricultural use. (20) Commercial cabinet or furniture making. 44 (21) Commercial storage or sale of petroleum or other refined petroleum. (22) Commercial manufacture, storage, use, transportation or disposal of any substance of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health if such substance or mixture were discharged onto land or waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids, and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws Chapter 21C and Chapter 21E and the regulations promulgated thereunder, and also including pesticides, herbicides, solvents and thinners. (23) Restaurants unless connected to public sewer. (24) Commercial kitchens unless connected to public sewer. iv. Building ReQuirements: All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and storm water control in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. b. Non-Discharge Suffer Zone There shall exist a Non-Discharge Buffer Zone within the Watershed Protection District which shall consist of all land areas located between two hundred fifty (250) feet and four hundred (400) feet horizontally from the annual mean high water mark of Lake Cochichewick and between one hundred fifty (150) feet and four hundred (400) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts General Laws Cha~ter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. Allowed Uses: All of the Allowed Uses listed in Section 3(a) (i) of this Watershed Protection District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below: ii. Uses Allowed by Special Permit: The following activities may be allowed within the Non-Discharge Buffer Zone only by the granting of a Special Permit issued pursuant to Section 4 of this Watershed Protection District Bylaw: (~.) Any surface or sub-surface discharge, including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division Of Public Works or 45 any private association; outlets of all drainage swales; outlets of all detention ponds. All storm water management systems shall employ Best Management Practices. iii. ohi ' : The following uses are specifically prohibited within the Non-Discharge Buffer Zone: iv. All of the Prohibited Uses listed in Section 3(c) (iii) of this Watershed Protection District Bylaw are prohibited in the Non- Discharge Zone. The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. (2) The use of lawn care or garden products that are not organic or slow-release nitrogen. Ve Buildina Re=uirements: All construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and storm water control in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. c. Non-Disturbance Buffer Zone There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty {150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (7S) feet and one hundred fifty (150) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts ~eneral Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. A~: All of the Allowed Uses listed in Section 3(a) (i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted below. ii. Uses Allowed by Special Permit: The following uses shall be allowed within the Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection District Bylaw: (~) Any activities which cause a change in topography or grade. 46 iii. iV, (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3) Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4) Replacement of any permanent structure. Any surface or sub-surface discharge, including but not limited to, storm water runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. (6) Construction of any accessory structure or expansion of any existing structure by less than twenty five (25) percent of the gross floor area of the existing structure. (1994/1STM) Prohibited Uses: The following uses are specifically prohibited within the Non-Disturbance Buffer Zone: (i) All of the Prohibited Uses listed in Section 3(c) (iii) of this Watershed Protection District Bylaw are prohibited in the Non-Discharge Zone. (2) Construction of any septic system. (3) Construction of any new permanent structure, or expansion of an existing structure by twenty-five (25) percent or more of the gross floor area of the existing structure. (4) The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. (5) The use of lawn care or garden products that are not organic or slow-release nitrogen. Buildin= Requirements: Ail construction in the Watershed Protection District shall comply with best management practices for erosion, siltation, and storm water control in order to preserve the purity of the ground water and the lake; to maintain the ground water table; and to maintain the filtration and purification functions of the land. 47 d. Conservation Zone There shall exist a Conservation Zone within the Watershed Protection District which shall consist of all land areas located within one hundred fifty (150) feet horizontally from the annual mean high water mark of Lake Cochichewick, and within seventy five (75) feet horizontally from the edge of all wetland resource areas (as defined in Massachusetts General Laws Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. ii. iii. Allowed Uses: The following uses shall be allowed in the Conservation Zone of the Watershed Protection District except as noted below: {1) Ail uses associated with municipal water supply/treat- ment and public sewer provided by the Town of North Andover. (2) The Division of Public Works may conduct routine maintenance of any existing use of property, including the maintenance and improvements of existing roadways and drainage systems. (3) Maintenance of fire access lanes by the Fire Department. Uses Allowed by Special Permit: No Special Permits will be granted in the Conservation Zone. Pr hi ' : The following uses are specifically prohibited within the Conservation Zone: (i) All of the Prohibited Uses listed in Section 3(c) (iii) of this Watershed Protection District Bylaw are prohibited in the Non-Diecharge Zone. Any activities which cause a change in topography or grade; {3) Vegetation removal or cutting, other than in connection with existing agricultural uses or maintenance of an existing landscape area; (4) Construction or placement of any new permanent structures; (5) Any surface or subsurface drainage, including, but not limited to, storm water runoff; (6) Animal feedlots or the storage of manure; (7) Construction of any septic system. 48 ('8) (9) (10) Construction of any accessory structure or expansion of an existing structure by twenty-five (25) percent or more of the gross floor area of the existing structure. The use, or method of application of, any lawn care or garden product (fertilizer, pesticide, herbicide) that may contribute to the degradation of the public water supply. The use of lawn care or 9arden products that are not organic or slow-release nitrogen. The above prohibitions shall not apply to any activities undertaken by the Division of Public Works within its authority or to work completed in conjunction with the construction of the municipal sewer system. (1994/1STM) Special Perah~t Re_cuirements Nine (9) copies of an application for a Special Permit under this Section shall be filed with the SPGA. Special Permits shall be granted if the SPGA determines that the intent of the Bylaw, as well as its specific criteria, are met. In making such determination the SPGA shall give consideration to simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed. Upon receipt of a Special Permit Application, the SPGA shall transmit one (1) copy of each to the Division of Public Works, Fire Chief, Title III Committee, Division of Planning and Community Development, Conservation Commission, the Board of Health, and the Watershed Council for their written recommendations. Failure to respond in writing within thirty (30) days shall indicate approval or no desire to comment by said agency. An application for a Special Permit under this Section shall include the following information: i. Application Form for a Special Permit from the Planning Board. ii. Map on a scale of one (1) inch equals forty (40) feet prepared by a Registered Professional Engineer or Surveyor showing: (1) the annual mean high water mark of Lake Cochichewick (if annual mean high water mark is within ~our hundred (400) feet of any proposed activity, (2) the edge of all wetland resource areas, as confirmed by the Conservation Commission (if edge of wetland resource area is within four hundred (400) feet of any proposed activity), 49 (~) the conservation zone, (4) the non-disturbance zone, (5) the non-discharge zone, (6) the edge of vegetation clearing (edge of work). iii. Written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrolo97 and hydrogeolog];, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. iv. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure, or activity, associated with the proposed use to occur. (1994/38) Evidence of approval by the Massachusetts Department of Environmental Protection (DEP) of any industrial waste water treatment or disposal system or any waste water treatment of system fifteen thousand (15,000) gallons per day capacity. vi. Evidence that all on-site operations i~cluding, but not limited to, construction, waste water disposal, fertilizer applications and septic systems will not create concentrations of Nitrogen in groundwater, greater than the Federal limit at the downgradient property boundary. vii. Projections of downgradient concentrations of nitrogen, phosphorus and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA. The SPGA may also require that supporting materials be prepared by other professionals including, but not limited to, a registered architect, registered landscape architect, registered land surveyor, registered sanitarian, biologist, geologist or hydrologist when in its judgement the complexity of the proposed work warrants the relevant specified expertise. Special permits under this Section shall be granted only if the SPGA determines, after the time of comment by other Tow~ agencies as specified above has elapsed, that, as a result of the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. Any Special Permit issued under this Section for a new permanent structure (other than an accessory structure or expansion that is less than twenty five (25%) of the gross floor area of a structure) 50 or a septic system shall require that such structure or system be constructed outside the Non-Disturbance Buffer Zone. Within the Non-Disturbance Zone and Non-Discharge Buffer Zone, any runoff from impervious surfaces shall, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Where on site recharge is not feasible due to soil or other natural conditions, other mitigating measures such as sedimentation ponds, filter berms, or restoring wetlands, shall be used only where other methods are not feasible and after approval by the Board of Health, Building Inspector and the Division of Public Works to assure that the methods used for on site infiltration and/or other measures shall remain effective. Provisions shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials, and indoor storage provisions for corrodible or dissolved materials. For operations which allow the evaporation of toxic materials into the interior of any structure a closed vapor system shall be provided for each structure to prevent discharge or contaminated condensate into the groundwater. For any toxic or hazardous waste to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with Massachusetts General Laws Chapter 21C. Violations Written Notice of any violation of this Bylaw shall be provided by the SPGA agent to the owner of the premises specifying the nature of the violation. The agent of the SPGA shall request of the violator a schedule of compliance, including cleanup of spilled materials, Such schedule shall allow for the immediate corrective action to take place. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than thirty (30) days be allowed for either compliance or finalization of a plan for longer term of compliance. Said schedule of compliance shall be submitted to the SPGA for approval subsequent to the violation. Said agent of the SPGA shall notify the Building Inspector of any violations of the Schedule of compliance or of any failure to satisfy the requirements of this paragraph. 51 In any portion, sentence, clause or phase of this regulation shall be held invalid for any reason, the remainder of this Bylaw shall continue in full force. Richard Nardella, Chairman, Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ~: The Board of Selectmen asked the Planning Board to review the Watershed Protection Bylaw. Substantive changes were subsequently made at the Special Town Meeting held in October of 1994. The changes proposed above were made in an attempt to make the Bylaw more readable and understandable. ARTICLE 39. AMEND ZONING BYLAW - SECTION 4.136 (8) - WATERSHED PROTECTION DISTRICT. To see if the Town will vote to amend Section 4.136 (8) Watershed Protection District of the zoning Bylaw to add non-criminal penalties for violations of the bylaw, as follows: Section 4.136 Watershed Protection District (8) Enforcement, Investigation & Violations Written Notice of any violation of this Bylaw shall be provided by the Director of Community Development and Services or his or her agent to the owner of the premises specifying the nature of the violation. The Director of Community Development and Services shall request of the owner a schedule of compliance. Such schedule shall allow for the immediate corrective action to take place. Upon approval by the Department of Community Development and Services, the compliance schedule should reflect the nature of the public health hazard, the degree of degradation to the natural resource area in question and the degree of difficulty in receiving compliance. In no event shall more than thirty (30) days be allowed for either compliance or finalization of a plan for longer term of compliance. Said schedule of compliance shall be submitted to the Director of Community Development and Services or his or her agent for approval subsequent to the violation. Said agents shall notify the Director of Community Development and Services of any violations of the schedule of compliance or any failure to satisfy the requirements of this paragraph. Failure to respond or comply to the violation within thirty (30) days may subject the owner to a penalty as defined below. In accordance with the provisions of Massachusetts General Laws Chapter 40 Sections 21 D and 31, Section 1-6 of the Code of the Town of North Andover, as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provision of this Section, restrain violations thereof and seek injunctions and judgments to secure compliance with its provisions and any special permits that may have been issued. Without limiting the generality of the foregoing; 52 Any person who violates any provision of this Section or of any condition or a permit issue pursuant to it may be punished by a penalty pursuant to Massachusetts General Laws, Chapter 40, Section 21 D, or Section 1-6 of the Code of the Town of North Andover, each day or portion thereof during which violation continues shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21D, by a Town police officer, other persons having police powers, the Director of Community Development and Services or his/her designee. In accordance with Massachusetts General Laws Chapter 40 Section 21D and Section 1-6 of the Code of the Town of North Andover, violators may, at the discretion of the enforcement authorities, be charged a penalty. The penalties for violations or this Bylaw shall be assessed as follows: Watershed Protection District: Activity Alteration of any wetland resource area. Conservation Non- Non- Disturbance Discharge Zone Zone Alteration of any stream or waterbody. Depositing any refuse, debris, yard waste or construction material in a wetland or waterbody. Use, method or application of any lawn care or garden product pesticide herbicide, or fertilizer) that may contribute to the degradation of the public water supply. Use of lawn care products that are not organic or slow-release nitrogen. Construction of any Septic System. Unauthorized construction of any of any accessory structure or expansion of any existing structure by less than 25 percent of the gross floor area of the existing structure. D~nimal feedlots or the storage of manure. Violation penalties are covered the Wetlands Protection Bylaw; maximum penalty is $ 300 $ 300 $ 250 $ 250 $ 300 $ 250 $ 200 Penalties covered under the Board of Health regulations $ 300 $ 250 Allowed $ 300 Allowed Allowed 53 Expansion of an existing structure by 25% or more of the gross floor area of the existing structure. $ 300 $ 250 Allowed Change in grade or topography. $ 300 $ 250 Allowed Vegetation removal of cutting not associated with agricultural uses or maintenance of landscape area. $ 300 $ 250 Allowed Unauthorized construction of a new permanent structure. $ 300 $ 250 Allowed Replacement of any permanent structure. $ 300 $ 250 Allowed Any surface of subsurface discharge including but not limited to storm- water runoff; drainage of any road- way that is maintained by the Div. of Public Works or private association, outlets of all drainage swales, outlets of all detention ponds. $ 3oo $ 25o $ 2oo Note: Some of the identified activities require a special permit. Special permit requirements are explained within this bylaw, Section 4.136. In the event of a violation of this Section or of any permit issued thereunder, the Director of Community Development and Services or his or her agent may issue a stop work order to the owner, the applicant or agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Section; but the failure of the Board to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Section and to secure compliance with its orders. The Town shall be the beneficiary of all fines imposed on account of the violation of this Section in order to defray the expense of enforcing the same. Upon request of the Director of Community Development and Services, the Board of Selectmen and Town Counsel shall take such action as may be necessary to enforce this Bylaw and permits issued pursuant to it. George Perna, Director, Division of Public Works Board of Selectmen Reco~endation: Unfavorable Action. Planning Board Recoaunendation: Unfavorable Action. 54 ARTICLE 40. AMEND TOWN CODE - SECTION 1-6. NONCRIMINAL DISPOSITION OF VIOLATIONS. To see if the Town will vote to amend Section 1-6 Noncriminal disposition of violations of the Town Code to specify the following noncriminal penalties for violations of the Watershed Protection District, Section 4.136 in the Zoning Bylaw and the Wetlands Protection Bylaw, Chapter 178 of the Code of the Town of North Andover. Section 1-6. Noncriminal disposition of violations: Violations of any provisions of these bylaws or rules and regulations of any town department or board may be handled, as a noncriminal offense in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 21D. The following is a table of non-criminal penalties for violations of the Watershed Protection District, Section 4.136 (8), of the Zoning Bylaw and the Wetlands Protection Bylaw Chapter 178 of the Code of the Town of North Andover: (Written notice of any violation of these Bylaws shall be provided by the Director of Community Develo~ment and Services or his or her agent to the owner of the premises specifying the nature of the violation. Failure to respond or comply to the violation within 30 days may subject the owner to a penalty.) Watershed Protection District: Activity Conservation Non- Non- Disturbance Discharge Zone Zone Alteration of any wetland resource area. Alteration of any stream or waterbody. Violation penalties are covered under or waterbody the Wetlands Protection Bylaw; maximum penalty is $ 300. Depositing any refuse, debris, yard waste or construction material in a wetland or waterbody. Use, method or appliclication of any lawn care or garden product (pesticide, herbicide, or fertilizer) that may contribute to the degradation of the public water supply. 300 $ 250 $ 200 Use of lawn care products that are not organic or slow-release nitrogen. $ 300 $ 250 $ 200 Construction of any septic system. Penalties covered under the Board of Health regulations. 55 Watershed Protection District: Activity Unauthorized construction of any accessory structure or expansion of 'any existing structure by less than 25% of the gross floor area of the existing structure Animal feedlots or the storage of manure Conservation Non- Non- Disturbance Discharge Zone Zone $ 300 $ 250 Allowed $ 300 Allowed Allowed Expansion of an existing structure by 25% or more of the gross floor area of the existing structure. $ 300 $ 250 Allowed Change in grade or topography. $ 300 $ 250 Allowed Vegetation removal of cutting not associated with agricultural uses or maintenance of landscape area. $ 300 $ 250 Allowed Unauthorized construction of a new permanent structure. $ 300 $ 250 Allowed Replacement of any permanent structure. $ 300 $ 250 Allowed Any surface or sub-surface discharge, including but not limited to, storm storm water runoff; drainage of any roadway that is maintained by the Div. of public works or private association outlets of all drainage swales, outlets of all detention ponds. $ 300 $ 250 $ 200 Note: Some of the identified activities require a special permit. Special permit requirements are explained within this bylaw, Section 4.136. Wetland Protection Bylaw Penalty * Alteration of 1-1000 square footage wetland $ 5O * Alteration of 1001-2000 square footage of wetland $ 100 * Alteration of 2001-3000 square footage of wetland $ 200 * Alteration of greater than 3000 square footage of wetland $ 3O0 56 Depositing any refuse, debris, yard waste or construction material in a wetland or water body. Alteration of any stream or water body. Any violation of any section of this Bylaw that occurs in the Lake Cochichewick Watershed * Without a valid Order of Conditions from the Conservation Commission. George Perna, Director Division of Public Works Board of Selectmen Recommendation: Unfavorable Action. Planning Board Recon~endation: Unfavorable Action. $ 3OO $ 300 $ 300 North Andover ARTICLE 41. AMEND ZONING BYLAW - SECTION 7 - DIMENSIONAL REQUIREMENTS. To see if the Town will vote to amend Section 7 Dimensional Requirements as set forth below to correct typographical errors, clarify and make consistent the existing language; to include the Town wetland bylaw in the definition of contiguous buildable area; to redefine lot width from fifty (50) feet to one hundred (100) feet; to redefine the calculation of lot area, contiguous buildable area, and street frontage; to list the criteria for receiving a special permit for access other than over the street frontage; and to allow frontage exception lots by special permit only: SECTION 7 DIMENSIONAL REQUIREMENTS 7.1 Lot Area Minimum lot areas for such uses in each district shall be as set forth in Table 2, Summary of Dimensional Requirements, which is hereby made part of this Bylaw. 7.1.1 Contiguous Buildable Area (CBA) As of April 28, 1986, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least seventy five (75) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. The proposed structure must be constructed on said designated contiguous land area. 7.1.2 Lot Width For any lot created after May 1, 1995, the minimum width of the lot shall be a distance of one hundred (100) feet between the street frontage and the front 57 building line The width shall be measured in a line parallel to the street. This requirement shall apply in all zones except Residence 4 (R4); for zone R4 the distance shall be eighty (80) feet. 7.1.3 Restrictions When a fifty (50) foot straight line is drawn to divide a lot in two, and the perimeter of the smaller piece is greater than two hundred (200) feet, then such smaller piece shall not be included in the calculations when determining: lot area; contiguous buildable area (CBA}; or street frontage as required by the Summary of Dimensional Requirements (Table 2) of this bylaw. This restriction applies only to lots created after May 1, 1995. Any lot created after May 1, 1995, shall have a lot depth of thirty feet or more for at least eighty (80) percent of the minimum length of its frontage as required by the Summary of Dimensional Recuirements (Table 2) of this bylaw. The lot depth shall be measured as a line drawn perpendicular to the street. No lot, upon which is then located any buildings or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any mariner unless said lot shall thereafter fulfill the lot area, street frontage and yard space requirements cf this Bylaw except as may be permitted otherwise by the provisions of a variance granted by the Board of Appeals. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building permit or other permit shall be issued with reference to any of the land so transferred or to the lot(s) retained until all of such land and lots meet the requirements of this Zoning Bylaw. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been taken shall not be deemed to be transferred in violation of the provisions hereof. 7.2 Street Frontage Minimum street frontage shall be as set forth in Summary of Dimensional ~ (Table 2) and the lot line meeting these requirements shall constitute the "street frontage" for the lot. In no case shall actual street frontage at the street line be less than seventy five (75) feet; except as allowed by Section 7.2.2. Corner lots shall be required to have the required frontage only on one street. In determining the fulfillment of the minimum area and minimum street frontage of a lot required in any zoning district, there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot; except that if a corner lot at its street corner is bounded in part by a segment of curved line not more than seventy five 58 (75) feet in length connecting other lines bounding such lot which if extended would intersect, the area and frontage required in such lot shall be computed as if such potentially intersecting lines were so extended; but if a curved line more than seventy five (75) feet in length is the whole of any one boundary line of a lot, the minimum area and minimum frontage required shall be determined entirely within the lines bounding such lot, including such curved line. 7.2.1. Access across street frontage Access to each lot, except for corner lots, must be provided across the street frontage. If access to a lot is not across the street frontage as of the date of the adoption of this Section 7.2.1, the lot will not be considered non- conforming as to use or as to an existing structure on that lot. (1994/39) Exceptions to this requirement may be granted by the issuance of a Special Permit from the Planning Board. A street frontage access Special permit may be granted for a lot in any residential district provided that: a) The specific site is an appropriate location for access to the lot given the current and projected traffic on the roadway, and the site distance to adjacent driveways and roadways, and/or b) Special environmental conditions exist such as wetlands and/or steep slopes such that access across the street frontage would require wetland filling or extreme cutting and/or filling of slopes or would be otherwise detrimental to the environment, c) The access will not adversely affect the neighborhood; d) There will be no nuisance or serious hazard to vehicles or pedestrians; e) The access is in harmony with the general purpose and intent of this Bylaw. 7.2.2 Frontage exception Exceptions for meeting the frontage and lot width requirements required by Sections 7.1.2 and 7.2 may be granted upon the approval of a Special Permit. The permit granting authority shall be the Planning Board. A street frontage and lot width exception Special Permit may be granted for a lot in any residential district provided that: a) The area of the lot exceeds by three (3) times the minimum lot area required for that district; b) The lot has a minimum continuous street frontage of not less that fifty (50) feet and a width of not less than (50) feet at any point between the street and the site of the dwelling; c) There is not more than one other such lot with frontage contiguous to it: and 59 d) It is so located as not to block the possible future extension of a dead end street. e) The creation of the frontage exception lot will not adversely affect the neighborhood; f) The creation of the frontage exception lot is in harmony with the general purpose and intent of this Bylaw; f) No such lot as described above on which a dwelling is located, shall be hereafter reduced in area below the minimum area required in Section 7.1 (1985/16) 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District, where the setback from the side street shall be twenty (20) feet minimum. 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten (10) acres. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. And further provided that no such structural feature of any non- manufacturing building shall exceed a height of sixty five (65) feet from the 9round. Nor of a manufacturing building a height of eighty five (85) feet from the ground. 7.5 Lot Coverage Maximum lot coverage by buildings shall be as forth in Table 2. Lot coverage shall mean the percent of the lot covered by principal and accessory structures. 7.6 Floor Area Ratio Maximum floor area ratio (FAR) shall be as set forth in Table 2. FAR is the ratio between the total amount of building floor area on all usable floors and 60 the area of the lot on which it is located. 7.7 Dwelling Unit Density Maximum dwelling unit density (dwelling units per acre) shall be as set forth in Table 2 . 7.8 Exceptions The residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957, and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet. In Residence 4 (R4) Districts only, two or more vacant lots, mutually adjoining, may with a Special Permit from the Board of Appeals be permitted to be combined into a new lot or lots of not less than 10,000 square feet area each, and with not less than 100 feet street frontage, provided it be shown to the Board of Appeals that each such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and the Building Inspector shall permit the construction of one single-family dwelling on each such 10,000 square foot lot. As described in Massachusetts General Laws Chapter 40A, no amendment to this Zoning Bylaw shall apply to land shown on an approved definitive subdivision plan as defined by the subdivision Control Law, for the length of time described in Massachusetts General Laws Chapter 40A. As described in Massachusetts General Laws Chapter 40A, no amendment to this Zoning Bylaw shall affect the use of land shown on an endorsed Approval Not Required Plan, as defined by the Subdivision Control Law, for the length of time described in Massachusetts General Laws Chapter 40A. Mary E. Nardella and Others and Richard Nardella, Chairman, Planning Board Board of Selectmen Reco~endation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLE 42. AMEND TOWN CODE - SECTION 1-6 - NONCRIMINAL DISPOSITION OF VIOLATIONS. To see if the Town will vote to amend Section 1-6 of the Town of 61 North Andover Code concerning "Noncriminal disposition of violations" by adding the following paragraphs to the end of that section: Without intending to limit the generality of the foregoing, the following Board of Health Regulations and penalties therefor may be enforced as a non- criminal offense in accordance with Massachusetts General Laws Chapter 40, Section 21D. The penalties set forth herein shall apply to each separate offense or violation of the regulations. Each day on which any violation exists shall be deemed to be a separate offense. The Board of Health shall determine the disposition of all complaints or requests for enforcement made pursuant to this By-law. The Board of Health or its specific designee may enforce a decision of the Board regarding the non-criminal disposition of a complaint or request for enforcement. APPLICABLE BOARD OF HEALTH REGULATIONS Article X, Minimum Sanitation Standards for Food Service Establishments Up to $300.00 Tobacco Control Regulations Individual Vendor or Food Establishment, first offense , 2nd offense , 3rd offense $ 25.00 $ 50.00 $100.00 $250.00 Dumpster regulations $ 50.00 Regulations for Sewer Tie-in $200.00 Rules and Regulations Governing the Practice of Massage and the Conduct of Establishments for the Giving of Massage, Vapor, Pool, Shower, or other Baths in the Town of North Ad/dover $100.00 North Andover Board of Health Regulations for Watershed Pumping $200.00 Regulations for Suntanning Establishments $300.00 Gayton Osgood, Board of Health Board of Selectmen Recomm,endation: Unfavorable Action. ARTICLE 43. AMEND ZONING BYLAW - SECTION 9 - NON-CONFORMING USES. To see if the Town will vote to add the following language to the end of paragraph 9.1, SECTION 9 - NON-CONFORMING USES. "When a pre-existing structure has been made non-conforming due to changes in the lot size required by this bylaw, such structure may be extended or altered based on a findin~ by the Zoning Enforcement 62 officer that such structure after the change meets all zoning requirements except for lot size." R/chard Rowen & Others Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. current ARTICLE 44. ZONING BYLAW AMENDMENT - SECTION 6 - SIGN BYLAW. To see if the Town will vote to amend Section 6 of the Zoning Bylaw by replacing the existing sign bylaw with the following sign bylaw or take any other action relative thereto: SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 6.1 Authority and Interpretation This Bylaw is adopted, as a General Bylaw pursuant t Chapter 93, Section 29-33, inclusive, as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of the Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial and protective, and is to be so construed and interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw. 6.2 1. Purposes The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, information, and welfare of its residents. The restricting of signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character, serve educational purposes for the public good. The reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. 6.3 1. Definitions Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 63 2o 10. ll. 12. 13. 14. Building Frontage - The length in feet of a ground floor level of a building front or side facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual business. Dimensional Si~n - A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30" DisDlay Window Signs - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. Flagpole - A pole erected on a roof, or projecting from a building ~r structure or on the ground. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. Ground Sign - Any sign erected on the ground which is self-supported and anchored to the ground. Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity, gas, or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. Marquee - Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. Non-Accessory Sign - Any sign that is not an accessory sign. Obscene - shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows: appeals tothe prurient interest of the average person applying the contemporary standards of the county where the offense was committed; depicts or describes sexual conduct in a potentially offensive way; and 3. lacks serious literary, artistic, or political or scientific value. Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) days. Primary Sign - The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6. 64 15. 17. 18. 20. Projecting Sign - Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure. Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller dimensions and lettering, as allowed in Section 6.6. Sign - A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary. Sign Size (Area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. 6.4 Administration and Enforcement Enforcement - The Building Inspector is hereby designated as the Sign Officer and is hereby charged with the enforcement of this Bylaw. ao The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. bo The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which in his judgement is a prohibited non-accessory sign, or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this Bylaw. The Sign Officer shall serve a written notice and order upon the owner of record of the premises where the sign is located and any advertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such 65 notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said.sign is erected or maintained and repair or remove, or cause to be repaired or removed, said sign. Ail expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within thirty (30) days after written notice of assessment is given by the Sign Officer at any such person. Permits: No permanent sign shall be erected, enlarged, or structurally altered without a sign permit issued by the Building Inspector. Permits shall only be issued for signs in conformance with this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of the sign, supporting structure and location. A copy of any relevant special permit shall also accompany the application. All freestanding or roof signs shall be registered and identified as required by Section 1407.0 of the State Building Code. Notwithstanding anything to the contrary in this Bylaw, any permanent sign authorized under this Bylaw may contain any otherwise lawful, non-commercial message which does not direct attention to a business or to a service or commodity for sale in lieu of any message or content described in the applicable regulation. Non-conformance of Accessory Signs: Any non-conforming sign legally erected prior to the adoption of this provision, may be continued and maintained. Any sign rendered non- conforming through change or termination of activities on the premises shall be removed within thirty (30) days of order by the Building Inspector. No existing sign shall be enlarged, reworded, redesigned, or altered in any way unless it conforms to the provisions contained herein. Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this Bylaw. Street Banners or Signs - Street banners or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. 6.5 Prohibitions: 1. No sign shall be lighted, except by steady, stationary light, shielded and directed solely at or internal to the sign. 66 10. 11. 12. 13. 6.6 A. No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours. No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police. No animated, revolving, flashing, or exterior neon sign shall be permitted. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the board of Selectmen. Corner visibility shall not be obstructed. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. No sign shall be erected, displayed, or maintained if it contains any obscene matter. Flags and insignia of any Government when displayed in connection with commercial promotion. No sign shall obstruct any means of egress from a building. Projecting signs are prohibited. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B. Permitted Signs (Fee Required) Residence District - Accessory Signs - The following signs are allowed in a residence district as well as all other districts. One (1) sign, either attached or freestanding, indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon, not to exceed two (2) square feet in area. Such sign may include identification of any accessory professional office, home occupation, or other accessory uses permitted in a residence district. One (1) sign oriented to each street on which the premises has access, either attached or freestanding, pertaining to an apartment development or a permitted non-residential principal use of the premises, such sign not to exceed ten (10) square feet in area. One (1) unlighted contractor's sign, not exceeding twenty-five (25) square feet in area, maintained on the premises while construction is in process 67 Bo and containing information relevant to the project. Such sign shall be removed promptly after completion of the construction. One (1) unlighted identification sign at each public entrance to a subdivision not exceeding twelve (12) square feet in area; to be removed when the subdivision roadway is accepted by the Town. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except that an off-premises directional sign, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Board of Selectmen or on private property if granted a special permit by the Board if Appeals. Such sign shall be authorized only upon the authorizing agency's determination that such sign will promote the public interest, will not endanger the public safety and will be of such size, location and design as will not be detrimental to the neighborhood. At locations where directions to more than one (1) establishment are to be provided, all such directional information shall be incorporated into a single structure, All such directional signs shall be unlighted, and each shall be not over four (4) square feet in area. Temporary Signs: Temporary signs shall be allowed as provided below, and provided that they comply with the following: (a) Unless otherwise specified in the Bylaw, temporary signs must comply with all applicable requirements for permanent signs, including issuance of a sign permit. Temporary signs, for not more than twelve (12) square feet in area, erected for a charitable or religious cause; requires no sign permit and is to be removed within thirty (30) days of erection. The Building Inspector shall maintain placement controls. One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected to be not larger than six (6) square feet; requires no sign permit if the erecting agent has obtained a one year permit for erecting such sign. (Such sign) to be removed fourteen (14) days after sale, rental or lease. One (1) temporary unlighted sign not larger than twenty-five (25) square feet indicating the name and address of the parties involved in construction on the premises. Temporary signs not meeting requirements for permanent signs may advertise sales, special events, or changes in the nature of an operation, but shall not otherwise be used to advertise a continuing or regularly recurring business operation and-shall be removed promptly when the information they display is out of date or no longer relevant. 68 D0 Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election duly called in the Town of North Andover shall require no sign permi= and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: (a) shall only be permitted on private property; (b) shall not exceed six (6) square feet in area per sign and shall not exceed in aggregate twenty-four (24) square feet in area per lot; (c) shall not be higher than three (3) feet above ground level; (d} shall be stationary and shall not be illuminated; (e) shall be erected no sooner than thirty (30) days prior to the date of the election and shall be removed within three (3) days after the election. Unless otherwise specified in this Bylaw, temporary signs pertaining to other non-commercial issues shall require no sign permit and shall be allowed in all zoning districts. Such signs shall be subject to the limitations set fortk in subsection (5) (a)-(e) above. Identification Signs or entrance markers for a church, or synagogue shall not exceed a combined total of thirty (30) square feet and provided that there shall be no more than two (2) signs allowed on the premises. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; example, no hunting, no trespassing, etc. Residence Districts: Non-accessory Signs - Directional signs by Special Permit from the Board of Selectmen, limited as follows: 1. Two (2) signs for each activity, not exceeding 6"x30" in size. 2. Ground signs not exceeding eight (8) feet in height. Business and Industrial Districts: Accessory All signs permitted in residence districts as provided in Section 6.6(A) and 6.6(B), except that temporary real estate signs may be as large as twenty-five (25) square feet. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. One (1) temporary freestanding sign of not more than twenty-five (25) square feet in area and extending not more than eight (8) feet above ground level. Larger or taller signs may be allowed by Special Permit of the Board of Appeals, if said Board determines that the particular sign will not be incongruous with the district in which it is to be located nor injurious to traffic and safety conditions therein. For premises having multiple occupants, a single sign, either attached or freestanding, identifying those occupants. The total area of attached 69 signs including this one, shall not exceed ten percent (10%) of wall area, and the area of any freestanding sign allowed under this paragraph shall not exceed twenty-five (25) square feet. Temporary unlighted signs inside windows, occupying not more than twenty percent (20%) of the area of the window requires no sign permit. No sign shall project more than one (1) foot over any public right-of-way shall be covered by appropriate liability insurance as determined by the Building Inspector and verified by a certificate of insurance filed with the Town Clerk. Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. A freestanding identification sign of fifty (50) square feet with price sign incorporated is allowed. Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building. Traffic Control 0rientational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. Shopping Centers Signs are permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent (20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred (200) square feet facing any single street. For any retailing complex comprising three (3) or more enterprises on a single lot and fifty thousand (50,000) square feet floor area or more, one (1) freestanding sign for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located within ten (10) feet of any property line or the line of any way, and no part of the sign shall be more than twenty (20) feet above the ground level. Temporary, unlighted signs, inside windows, occupying not more than fifty percent (50%) of the area of the window requires no sign permit. 70 Office Parks Signs as permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. One (1) sign for each street upon which the premises has frontage, identifying a subdivision of lots for office development. This sign shall be no greater than eight (8) feet in height and no larger than twenty (20) square feet in area except where the property fronts on a high-speed, limited access highway, in which case a special exception may be granted for a larger sign if required for legibility. Signs for individual properties or tenants shall be limited to a single sign no larger than three (3) square feet per tenant. Individual tenants must have Letter of Permission from property owner. The Board of Appeals may grant a Special Permit for an exception for a larger area where this will not impair legibility of other signs or be incongruous with the surroundings, based upon consideration of the number of occupants and signs per building, size of building and integration of sign and building design. Industrial Districts Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. Signs attached flat against the wall or canopy of a building, or projecting not more than six (6) feet above such wall, advertising the name of the firm or goods or services available or produced on the premises; provided that the total area of all such sighs does not exceed twenty percent (20%) of the area of the side of the building to which they are attached or two hundred (200) square feet, whichever is less. One (1) freestanding sign, containing the name or other identification of the use on the property, for each street on which the property fronts, each sign is limited to an area of one hundred (100) square feet. Such sign shall not be located closer than forty (40) feet to any property line or twenty (20) feet above ground level. Guidelines The followin9 are further means by which the objectives for signs can be served. These guidelines are not mandatory, but degree of compliance with them shall be considered by the Special Permit Granting Authority in acting upon special permits authorized under this section, as shall consistency with the basic sign objectives cited above. Efficient Communication: Signs should not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor or lot on the premises is devoted t manufacture or sale or other processing 71 of that specific product. Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote some part of their permitted sign area to also displaying the identity of the local outlet. Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise. Sign content normally should not occupy more than forty percent (40%) of the sign background, whether a signboard or a building element. Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and easily read. Environmental Relationship Sign design should take into consideration the scale of the street to which the sign is oriented and the size, brightness, style, height and colors of other signs in the vicinity. Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of one hundred (100) footlamberts in the downtown or similarly bright areas and not in excess of twenty (20) footlamberts in unlighted outlying areas. Building Relationship Signs should be sized and located so as to not interrupt obscure or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of building structure and where possible, should reflect and emphasize building structural form. Sign material, colors and lettering should be reflective of the character of the building to which the sign relates, just as sign size should be related to building size. Clutter should be avoided by not using support brackets extending above the sign or guy wires and turn buckles. Landscaping, Buffering, Lighting In Shopping Centers and Office Parks, landscaping shall be provided and maintained in accordance with planting approved by the Planning Board and incorporated as part of the plans on which the Special Permit of the Board of Appeals is based. In all industrial districts, landscaping shall be provided and maintained in front yards and in side yards abutting public ways for aesthetic reasons to break up lines of buildings and for screening accessory facilities under the requirements discussed below. Specifically, in all Industrial and Business Districts, landscape screening shall be provided adjacent to: 72 a. Abutting existing residential properties; and Abutting limited access highways in addition to the landscaping in front and side yards mentioned above. Landscape screening shall consist of planting, including evergreens, the plantings to be of such height depth as is needed to screen adequately from view from abutting area any unshielded light source, either inside or outside. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLE 45. ACQUISITION OF EASEMENT - RALEIGH TAVERN LANE. TO see if the Town will vote to raise and appropriate the sum of $ 100.00 to be expended Under the direction of the Board of Selectmen for the purpose of acquiring by purchase, eminent domain, gift, grant or otherwise, an easement for drainage over and under a parcel of land now owned by William Crafton and Mary Lou Crafton, see deed recorded with the North Essex Registry of Deeds in Book 1725, at Page 231 and any other persons with an established right in the following described premises: A strip of land twenty feet in width over a portion of Lot No. 14 on a plan entitled, "Definitive Plan 'Raleigh Tavern Estates', North Andover, Massachusetts, Owner, Old North Andover Realty Trust, Engineer, Hayes Engineering, Inc." dated May 15, 1968, and recorded in the North Essex Registry of Deeds, as Plan No. 5913. Said strip commencing at a point on the Southeasterly line of Raleigh Tavern lane at Station 9 + 04.34; thence travelling N 48 degrees 02' 00" East for a distance of 140.00 feet; thence travelling S 41 degrees 58' 00" East for a distance of 20.00 feet; thence travelling S 48 degrees 02' 00" west for a distance of 140.00 feet; to another point on the Southeasterly line of Raleigh Tavern Lane at Station 9 + 24.34; thence travelling N 41 degrees 58' 00" West along the Southeasterly boundary of Raleigh Tavern Lane for a distance of 20.00 feet to the point of beginning. Including without limiting any and all rights necessary to provide drainage over and under said strip, the perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (a) pipes, conduits, and their appurtenances for the conveyance of water, (2) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and (3) rights of flowage over the surface for surface and ground water drainage including the right to alter the surface contours to contain, direct, and control the flow of said water and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, over, in, through and under the whole of said twenty (20) foot strip of land. George Perna and others 73 Board of Selectmen Recommendation= Favorable Action. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 46. ACQUISITION OF EASEMENT - RALEIGH TAVERN LANE {Scarborough Property). To see if the Town will vote to raise and appropriate the sum of $ 100.00 to be expended under the direction of the Board of Selectmen for the purpose of acquiring by purchase, eminent domain, gift, grant or otherwise, an easement for drainage over and under a parcel of land now owned by Richard H. Scarborough and Patricia M. Scarberough, see deed recorded with the North Essex Registry of Deeds in Book 1142, at Page 90 and any other persons with an established right in the following described premises: A strip of land twenty feet in width over a portion of Lot No. 30 on a plan entitled, "Definitive Plan ~Raleigh Tavern Estates', North Andover, Massachusetts, Owner, Old North Andover Realty Trust, Engineer, Hayes Engineering, Inc." dated May 15, 1968, and recorded in North Essex Registry of Deeds, as Plan No. 5913. Said strip commencing at a point on the Northwesterly line of Raleigh Tavern Lane at Station 9 + 01.02; thence travelling S 75 degrees 52, 00" West for a distance of 120.00 feet; thence travelling S 14 degrees 08' 00" East for a distance of 20,00 feet; thence travelling N 75 degrees 52' 00" East for a distance of 130.58 feet to another point on the Northwesterly line of Raleigh Tavern Lane at Station 9 + 23.64; thence travelling N 41 degrees 58'00" West along the northwesterly boundary of Raleigh Tavern Lane for a distance of 22.62 feet to the point of beginning. Including without limiting any and all rights necessary to provide drainage over and under said strip, the perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (a) pipes, conduits, and their appurtenances for the conveyance of water, (2) a covered surface and ground water drain or drains with any manholes, pipes, conduits, and their appurtenances, and (3) rights of flowage over the surface for surface and ground water drainage including the right to alter the surface contours to contain, direct, and control the flow of said water and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, over, in, through and under the whole of said twenty (20) foot strip of land. George Perna and Others Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 47. ACQUIRE BY EMINENT DOMAIN A PORTION OF REA STREET. To see if the Town will vote to acquire by eminent domain that portion of Rea Street from Summer Street to North Cross Road, as shown on "Subdivision Plan of Land on Francis Estates in North Andover, Mass., drawn for E.C.S., Inc., PO Box 177, Pinehurst, MA, Scale 1"=40', Dec., 1984, Rev. June, 1985, Merrimack Engineering Services, 66 Park Street, Andover, MA 01810 which plan is recorded in the Essex 74 North Registry of Deeds, as Plan No. 10015, and at the discretion of the Department of Public Works to expend as much as necessary of the subdivision performance bond funds released upon demand of the Town, and now held by the Town, to complete the final paving of that portion of Rea Street. Gina Armano and Others Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: FavorableAction. ARTICLE 48. ACCEPTANCE OF STATE HIGHWAY - PORTIONS OF OS~OOD AND ANDOVER STREETS. To see if the Town will vote to authorize the Board of Selectmen to execute an agreement between the Town of North Andover and the Commonwealth of Massachusetts Highway Department to allow the Commonwealth to discontinue certain sections of Andover Street and Osgood Street, which are currently designated as State Highways, and thereafter said ways so discontinued shall become Town ways in accordance with Massachusetts General Laws Chapter 81, Section 12, and further to authorize the Board of Selectmen to accept from the Commonwealth of Massachusetts the above roadways "As is" and Grant Funds in the amount of $ 995,000.00, more or less, to be expended by the Division of Public Works, with the approval of the Town Manager, for the purpose of improving said roadways to Town standards. Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLE 49. ROADWAY ACCEPTANCE - ANNE ROAD. To see if the Town will vote to accept the roadway, as public way, namely "Anne Road" from Station ~ 0+26.67 to Station #4+52.75, as shown on the plan entitled "Definitive Subdivision Plan of Land Sideri Place, North Andover, Massachusetts," prepared by "Richard F. Kaminski & Associates, 200 Sutton Street, North Andover, Massachusetts 01845", dated May 29, 1985, "Sheet 2 of 4, and recorded at Essex North Registry of Deeds, as Plan # 10158, received and recorded January 17, 1986 at 2:25 PM, B 2116, P 1, Registry of Deeds." Ercole L. Sideri and Others Board of Selectmen Recc~z~endation: Favorable Action, subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Recommendation: Favorable action, subject to final review of all easement documents. ARTICLE 50. ROADWAY ACCEPTANCE - PORTION OF BOOTH STREET. TO see if the Town will vote to accept as a public way that portion of Booth Street as is located between Wesley and Wallace Streets and shown on a plan entitled 75 "Definitive Subdivision Plan, being a subdivision of Lot 292 Shown on Land Court Plan 3263F located in North Andover, MA", Applicant: S & S Builders, Christiansen and Sergi, Professional Engineers Land Surveyors and recorded with the Land Court as Plan 3263G all as further set out in the legal description filed herewith as Exhibit A and filed with the North A~ldover Board of Selectmen and the Community Development Department. To accept as a public way that portion of Booth Street as is located between Wesley and Wallace Streets and shown on a plan entitled "Definitive subdivision Plan, being a subdivision of Lot 292 shown on Land Court Plan 3263F located in North Andover, MA", Applicant: S & S Builders, Christiansen and Sergi, Professional Engineers Land Surveyors and recorded with the Land Court as Plan #3263G all as further set out in the legal description filed herewith as Exhibit A and filed with the North Andover Board of Selectmen and the Community Development Department. The Land together with the improvements thereon shown as Booth Street, as laid out on a plan entitled "Definitive Subdivision Plan being a Subdivision of Lot 292 shown on Land Court Plan #3263F" located in North Andover, Massachusetts, Applicant: S & S Builders, Inc., dated: January 1, 1993, revised May 28, 1993, Christiansen & Sergi, 'professional engineers, and being further bounded as follows: Northerly: Easterly: Southerly: Westerly: by the intersection with Wesley Street as shown on said plan; by the frontage of lots 293, 294, and 295, as shown on said plan; by the intersection with Wallace Street as shown on said plan; and by land now or formerly of Balsamo and now or formerly of Bottigi. Meaning and intending to convey all fee interest as underlies Booth Street, as shown on said plan together with any other fee interest with Wallace and wesley Streets, as may be necessary to effect the utilization of Booth Street. Reserved in this grant is the fee interest underlying the right of way, as shown on Lot 295 but conveying by separate instrument, the right to pass and repass over that portion of lot 295, as it shown as a right of way easement. Carmen R. Corsaro and Others Board of Selectmen Recon~nendation: Favorable Action, subject to the Petitioner complying with the requirements of the Division of Public Works, and further subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way . Planning Board Recon=nendation: To be made at Town Meeting. ARTICLE 51. ROADWAY ACCEPTANCES - CASTLEMERE ~ CARRIAGE CHASE. To see if the Town will vote to accept as public ways, the roadways known as Castlemere and Carriage Chase, as shown on a plan of land entitled "Definitive subdivision Plan of 'Marble Ridge' in North andover, Mass." Owner and Applicant: Marbleridge Development, Corp., 754 Forest Street, North Andover, MA, 76 Christiansen Engineering, Inc., dated October 19, 1984, as revised, said plan recorded in the North Essex Registry of Deeds as plan ~9791 all as further set out in the legal description filed herewith, as Exhibit A (incorporated by reference) and filed with the North Andover Board of Selectmen and Community Development Department. This is a legal description appended to a warrant article filed by the Marbleridge Development Corporation, Michael Kasabuski, President and Treasurer and is intended to further identify Castlemere and Carriage Chase, so called, the roadways shown on a plan of land entitled "Definitive Subdivision Plan of 'Marble Ridge' in North Andover, Mass." said plan recorded in the North Essex Registry of Deeds, as Plan #9791. The roadways petitioned for acceptance, as public ways are further bounded and described, as follows: Beginning at a point in the easterly line of Great Pond Road, at the corner of Lot IA, 98.28 feet southwesterly of a drill hole set as shown on said plan; and thence running by an arc with a radius of 25 feet, a length of 31.42 feet to a point; and thence continuing to run by the westerly frontage of Lots lA, Lot 21, 20, 19, 18, and 17, as said lots abut Castlemere to a point; and thence continuing to run by an arc with a radius of 25 feet a length of 39.77 feet to a point; and thence by the southerly line of Lot 17, as it abuts Carriage Chase to a point in the corner of the stone wall, as shown on said Plan; thence continuing to run westerly by the stone wall 27.63 feet to a point; thence turning and running south 14 56' 10" east 59.14 feet to a point in the southerly line of Carriage Chase, as it abuts Lot 16 and thence running westerly by the frontage of Lots 16, 15, and 14 as said lots abut Carriage Chase to a point; thence turning and running by an arc with a radius of 25 feet for a length of 38.76 feet; thence turning and running in a southerly and westerly direction by the frontages of Lots 14, 13, 12, 11 and other land shown on said Plan now or formerly of Marbleridge Development Corp, as said lots and land abut Castlemere to a point; thence turning and running by an arc with a radius of 20 feet a length of 31.42 feet to a point in the easterly line of Marbleridge Road; thence turning and running by the easterly line of Marbleridge Road 90 feet to a point; thence turning and running by an arc with a radius of 20 feet a length of 31.42 feet to a point in the northerly line of Castlemere; thence running by the northerly line of Castlemere by other land shown on said plan of Marbleridge Development Corp. and the frontages of Lots 25, 24, 23, 22, and still other land of the said Marbleridge Development Corp., as said lots and lands abut Castlemere to a point; thence turning and running by and arc with a radius of 25 feet for a length of 31.42 feet to a point in the easterly line in Great Pond road; thence turning and running northerly by the Easterly line of Great Pond Road; thence turning and running northerly by the Easterly line of 77 Great Pond Road 90 feet to the point of beginning, meaning and intending to describe the ways shown as "Castlemere" and "Carriage Chase" on said plan, however the same may be bounded and described. Michael Kasabuski and Others Board of Selectmen Recom~endation: Favorable Action, subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Recommendation: Favorable Action subject to final review of all easement documents. ARTICLE 52. ROADWAY ACCEPTANCE - HIDDEN COURT. To see if the town will vote to accept the roadway, as a public way, namely Hidden Court (Stations are not set forth on said Plan) on a plan of land entitled: ,'SUBDIVISION PLAN OF LAND IN NORTH ANDOVER, Donohoe and Parkhurst, Inc., Surveyors," Dated: Septen~ber 25, 1989, Sheets 1-6, and recorded at North Essex District Registry of Deeds, Registered Land Section, as Plan No. 369093U. Paul St. Hilaire, Trustee of Summer Trust, u/d/t dated October 9, 1984, and recorded in Essex North District Registry of Deeds in Book 1879, page 298 of North Andover, Essex County, Massachusetts being unmarried, for consideration paid and in full consideration of less than One Hundred ($100.00) Dollars grant to the inhabitants of the Town of North Andover, Massachusetts. The fee in the roadway known as Hidden Court, North Andover, Massachusetts. For a more particular description of Hidden Court, North Andover, Massachusetts, see Exhibit "A" attached hereto and made a part of hereof. Hidden Court is set forth on a Definitive subdivision Plan entitled "Coventry Estates Phase II, Owner and Developer, Coventry Development Corporation, Lindberg Avenue, Methuen, Mass., Beta International Corporation, 197 Portland Street, Consulting Engineers, Boston, Mass., July 1986, revised April, 1987." Said plan is recorded at North Essex Registry of Deeds, Registered Land Section, as Plan No. 36903U. Reference may be had to said plan for a more particular description. For Grantor's title to Hidden Court, see Document No. 52902, Certificate of Title No. 1169, Book 82, Page 273. LEGAL DESCRIPTION OF HIDDEN COURT Beginning at a point where the easterly line of Blue Ridge Road intersects the northerly line of Hidden Court; Thence in a southeasterly and easterly direction along a curved line of Radius = 25.00', a distance of 36.65' to a point; Thence in an easterly direction on a curved line of radius = 375.00', a distance of 199.11' to a point; Thence in an easterly but more northeasterly direction on a curved line of radius=775.00', a distance of 200.00' to a point; 78 Thence in a northerly direction along a curved line of radius = 25.00', a distance of 24.68' to a point; Thence a northerly, northeasterly, easterly, southeasterly, southerly, southwesterly and westerly direction along a curved line of radius=60.00' a distance of 301.45' to a point; Thence is a westerly and southwesterly direction along a curved line of radius = 25.00' a distance of 22.52' to a point; Thence in a southwesterly direction along a curved line of radius = 825.00', a distance of 217.35' to a point; Thence is a westerly direction along a curved line of radius = 425.00', a distance of 234.88' to a point; Thence in a westerly and southwesterly direction on a curved line of radius=25.00', a distance of 32.32' to a point in the easterly line of Blue Ridge Road; Thence in a northerly direction on a curved line of Radius = 225.00', a distance of 90.95 ' to the point of beginning. Paul St. Hilaire and Others Board of Selectmen Recou~endation: Favorable Action, subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Recomendation: Favorable Action subject to final review of all easement documents. ARTICLE 53. ROADWAY ACCEPTANCE - MEADOWOOD ROAD. To see if the town will vote to accept the roadway, as a public way, namely Meadowood Road, as shown on a plan entitled "Special Permit and Definitive Plan Meadowood North Andover, Mass"' prepared by Merrimack Engineering Services, Inc., 66 Park Street, Andover, Massachusetts, 01810, prepared for Meadows Realty Trust, PO Box 6700 Suite 209, North Andover, Mass, dated September 15, 1992, sheet 1 through 7 and recorded at Essex North Registry of Deeds, as Plan #12178. Thomas Laudani and Others Board of Selectmen Recommendation: Favorable Action, subject to the petitioner complying with the requirements of the Division of Public Works, and further subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Recomendation: To be made at Town Meeting. ARTICLE 54. ROADWAY ACCEPTANCE - SCOTT CIRCLE. To see if the Town will vote to accept the roadway as a public way, namely Scott Circle from Station 0+00 to Station 5+50.36 as shown on a plan entitled ,,Whippoorwill park" prepared by Neve Associates, 447 Old Boston Road, Topsfield, MA 01983, prepared for David and Cheryl Dickerson, One Scott Circle, North Andover, MA 01845, dated 79 February 15, 1991, Revised August 3, 1993 by Scott Giles, 50 Deer Meadow Road, North Andover, MA 01845, sheet 1 of 3 and recorded at Essex North Registry of Deeds as Plan #12273. Cheryl Dickerson and Others Board of Selectmen Recom~endation: Favorable Action, subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Reconunendation: Favorable Action. ARTICLE 55. ROADWAY ACCEPTANCE - SPRING HILL ROAD. To see if the Town will vote to accept the roadway, as a public way, namely Spring hill road, as shown on a Plan of Land entitled "Spring Hill" , Thomas E. Neve, Associates, Engineer, dated October 17, 1994, Joseph Fitzgibbons, Trustee, Owner. Said Plan is recorded at Essex North District Registry of Deeds, as Plan 9779. Stations on said plan are shown as 0+0, to 14+00. Paul St. Hilaire, Trustee of Summer Trust, u/d/t dated October 9, 1984 and recorded in Essex North Registry of Deeds in Book 1879, Page 298 of North Andover, Essex County, Massachusetts being unmarried, for consideration paid, and in full consideration of less than One Hundred ($100.00) dollars grant to the inhabitants of the Town of North Andover, Massachusetts. The fee in the roadway known as Spring Hill Road, North Andover, Massachusetts. For a more particular description of Spring Hill road, North Andover, Massachusetts, see Exhibit "A: attached hereto and made a part hereof. For Grantor's title to the fee in the road, see deed recorded at Essex North District Registry of Deeds in Book 1827, pages 324 and 328. Spring Hill Road is fully set out on a plan of land entitled "Spring Hill", Thomas E. Neve, Associates, Engineer, Dated October 17, 1994, Joseph Fitzgibbons, Trustee, Owner. Said plan is recorded at North Essex Registry of Deeds, as Plan 9779. Reference to said Plan may be had for a complete description. Beginning at a point where the easterly line of Summer Street intersects the northerly line of Spring Hill Road; Thence in a southerly and southeasterly direction on a curved line of radius = 20.00' a distance of 33.82' to a point; Thence at a bearing of S62-32-38E, a distance of 109.00' feet to a point; Thence in an easterly direction on a curved line of radius = 233.27' a distance of 109.92' to a point; Thence at a bearing of S35-32-38E, a distance of 140.57' to a point; Thence in an easterly direction on a curved line of radius = 545.10, a distance of 133.19' to a point; 80 Thence at a bearing of S49-32-38E, a distance of 400.00' to a point; Thence in a southeasterly, southerly, and southwesterly direction on a curved line of radius = 132.29', a distance of 247.06' to a point; Thence at a bearing of S57-27-22W, a distance of 210.00' to a point~ Thence in a southwesterly and southerly direction on a curved line of radius = 20.00', a distance of 19.47' to a point; Thence in a southerly, southwesterly, westerly, northwesterly, northerly and northeasterly direction on a curved line of radius = 60.00'; a distance of 305.30' to a point; Thence is a northeasterly direction on a curved line of radius = 20.00', a distance of 19.47 to a point; Thence at a bearing of N57-27-22E, a distance of 210.00' to a point; Thence in a northeasterly, northerly, and northwesterly direction on a curved line of radius = 82.29' a distance of 153.68' to a point; Thence at a bearing of N49~32-38W, a distance of 400.00 to a point; Thence in a northwesterly direction on a curved line of radius = 595.10, a distance of 145.41' to a point; Thence at a bearing of N35-32-38W, a distance of 140.57' to a point; Thence in a northwesterly direction on a curved line of radius = 183.27', a distance of 86.36' to a point; Thence at a bearing of N62-32-38W, a distance of 91.81; to a point; Thence in a Westerly and southwesterly direction on a curved line of radius = 25.00', a distance of 45.14-' to a point on the easterly line of Summer Street; Thence at a bearing of N14-00-06E, along the easterly line of Summer Street , a distance of 38.55' to a point; Thence in a northeasterly direction on a curved line of radius = 186.21', a distance of 66.19' to the point of beginning. Paul St. Hilaire and Others Board of Selectmen Recommendation: Favorable Action, subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Recom~endation: Favorable Action, subject to final review of all easement documents. ARTICLE 56. ROADWAY ACCEPTANCE - VILLAGE WAY. To see if the Town will vote to accept the roadway known as "Village Way", as a public way, namely "Village Way" from Station 0+00 to Station 3+77.05 as shown on a plan entitled, "Definitive Subdivision of Village Woods, North A~dover, Mass., owner and Applicant Anthony J. Foresta, prepared by Frank Gelinas and Associates, Inc., North A. ndover, Mass., Scale 1'=40', dated March 17, 1981, revised 2/5/82" and recorded in the Essex North District Registry of Deeds as Plan No. 9582, and supplemented by a plan entitled, "Supplemental Plan for the Definitive Subdivision of village Woods, North Andover, Mass., by Richard F. Kaminski and Associates, Inc., North Andover MA, dated March 11, 1985", and recorded in said Registry, as Plan No. 9853. Steven Knott and Others 81 Board of Selectmen Recommendation: Favorable Action, subject to the Town receiving all property interests necessary to secure the rights of the public to pass and repass over said way. Planning Board Recommendation: Favorable Action. ARTICLE 57. AMEND TOWN CODE - PROHIBIT ~ASOLINE OR DIESEL POWER BOATS ON LAKE COCHICHEWICK. To see if the Town will vote to amend the Code of North Andover by adding in Part 2, General Legislation, Chapter 146 - Recreational Boat Use, the creation of a Bylaw which prohibits the use of all gasoline or diesel powered boats on Lake Cochichewick, and its tributaries, unless otherwise authorized by the Department of Public Works for the lake monitoring procedures and/or emergencies. George Reich and Others Board of Selectmen Recommendation: Unfavorable Action. Planning Board Recommendation= Favorable Action. ARTICLE 58. AMEND TOWN CODE - PROHIBIT THE SALE OF PRODUCT KNOWN AS "SILLY STRING". To see if the Town of North Andover will vote the amend the Town Code to insert the following section: "No person, during any parade, festival, concert, sporting event or other public event shall sell or distribute on any street, sidewalk, or public way of the Town or upon any property owned by the Town, a product known as "Silly String" or any similar product sold or used for amusement that ejects a soft rubbery substance; any aerosol can that ejects paint, shaving cream, foam er makes loud noises or any explosive device." Daniel Long and Others Board of Selectmen Recommendation: Favorable Action. 82 And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office building and one public place in each voting precinct in the Town, said copies to be posted not less than seven (7) days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town at the time and place of said meeting. Given under our hands this 13th Day of April, Nineteen Hundred and Ninety-Five. NORTH ANDOVER BOARD OF SELECTMEN John P. Savastano Ch 'tm th C. Crotr~n~-- ~evin P. Foley Donald B. Itewar~ Nor th Andover, Massachusetts Joyc~/B~adshaw, Town Clerk ATTEST: A True Copy. 83 FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE OF CONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE .............................................................. CHAPTER 1 TOWN INCORPORATION. FORM OF GOVERNMENT. CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER $ CHAPTER 6 CHAPTER 7 CHAPTER 8 CHAPTER 9 CHAPTER I 0 CHAPTER I 1 AFTERWORD AND POWERS ............................................ TOWN MEETING ......................................... BOARD OF SELECTMEN ................................... THE TOWN MANAGER .................................... TOWN ADMINISTRATIVE ORGANIZATION ................... ELECTED TOWN BOARDS AND OFFICERS ................... APPOINTED TOWN BOARDS ............................... ELECTIONS ............................................. FINANCIAL PROVISIONS AND PROCEDURES ................. PLANNING AND THE ENVIRONMENT ....................... TRANSITIONAL PROVISIONS .............................. I 2 3 $ 10 11 12 14 16 19 20 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Charter Com- mission, summarized below?" BALLOT SUMMARY l Yes No If approved by the voters, the Charter will become fully effective on the first day of October fo[lowing its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is givea responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure oft hree divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work. and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter'commission meeting to public input, and by conducting several public hear- ings. The last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of. changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. Ihe Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. lhe Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. lhe Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work. in a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen. the Town Manager and the Advisory Board. Henceforth the Advisory Board will devot, its total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee. the Housing Authority. the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: - To preserve the best of traditional town government. - To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. - To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinar~ action, if they fail to do their job. Elected officials will be subjec~ to recall, if they neglec~ their responsibilities. - To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works; and improved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption or' the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson. Vice-Chairman Dennis L. Currier. Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson TOWN OF NORTH ANDOVER CHARTER PREAMBLE We, the people of the town of North Andover. Massachusetts. in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- wealth, do hereby adopt the following home rule charter for this town. CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section I Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein. I-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town may exercise any of its powers, or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail, Section 6 Severability of Charter 1-6-1 If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or cir- cumstance is held invalid, the application of this charter and its provisions to other persons and circumstances ~hall not be affected thereby. CHAPTER 2 TOWN MEETING Section I Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all by-laws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-I -3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed forty-five days prior to the date for the meeting, provided that, by unanimous vote, the board of selectmen may waive this requirement, in cases of emergenc~,. 2-2-3 The warrant for each annual and special town meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting, and shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly on the first Monday in May at 7 p.m. to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the board of selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 Ail proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In ~ddition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board shall have considered them previously and issued a written recommen- dation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the enwronment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the ooard's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section I The Board of Seleclmen · 3-1-1 A board of selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have ali of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept. 3-2-3 The board of selectmen shall serve as the chief goal-set', ~g and policy-making agency of the town and, as such, shall not normally administer the day-to-~ ' affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen may conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department. office, or agency, including any doubtful claims against the town. and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-$-1 The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced.' the laws. rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4; (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (i) five mem- b{rs and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall' also have the power to appoint town boards enumerated in Chapter 7, including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council;and (e) an arts council. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work coo peratively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7.2 The provisions of 3-7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section I Appointment 4-1-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at its pleasure. 4.1-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-1-3 No person who has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree~'anting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-law under the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold. any elective office during his term of appointment;and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: (a) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law. this charter, and by-law. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. (g) be responsible for the day-to-day administration of the town's personnel system. (h} be responsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. 0) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (I) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator. ('n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 4-4-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and. on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sion and department heads. (c) a planning board. (d) an industrial development financing authority, (e) an industrial commission, (0 a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 4-4-2 The town manager shall also appoint, on the basis of merit and fitness alone, and. except as may otherm ise be provided by general law. this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: ('a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, m consultation with the elected town officials to whom said employees report: (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) all other full-time, part-time or seasonal employees. except those of the library trustees, the police and fi~e departments, and the school committee. All such appointments and removals shall ce subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-$-2 After consultation with the board of selectmen, the town manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and authority of each posi- tion, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (19 policies and procedures governing persons holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. O) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event ora vacancy in his office. Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9.2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered ~nail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time. and date to be posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4.9-7 The town manager shall provide 'the board of selectmen with at least ninety days notice of' an intended resignation, provided, however, that the board may, at its diSCretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section I I Acting Town Manager 4-11-[ The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER S TOWN ADMINISTRATIVE ORGANIZATION Section I General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a'division of planning and com- munity development, and (c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. $-!-4 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-:5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- t ional capacity without additional compensation. 5-1-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or mc,.~, departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section I General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3. a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law. this charter, and by-laws. Il 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position ptaced under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining members of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and {d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. Section 5 School Committee 6-5-1 A school committee of five members shall be elected at large for three-year overlapping terms. 6-:5-2 The school committee shall ~onduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 ['lousing Authority 6-6.1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section I Zoning Board of Appeals 7-l-1 A zoning board of appeals of five members and three associate members shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 74-1 A historical commission of seven members shatl be appointed by the board of selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members §hall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Iowa Boards, Commissions, and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10-2 All boards, commissions, and committees of the town shall: (a) organize annually; (b) elect a chairman and other necessary officers; (¢) establish a quorum requirement for their meetings in accordance with general law; (d) adopt rules of procedure and voting: and (e) maintain minutes and all other records of proceedings, copies of which shall be a public record and filed monthly with the town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-10-5 Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term. no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall f'fll the vacancy within thirty days. Section 11 Change in Composition of Appointed Town Boards 7-1 I-I The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist o fan odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. 14 Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person drily elected to any office or board shall take up the duties of his office immediat ely follow lng his cert i ficat ion. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of ttte grounds for recall. The town clerk shall thereupon deliver to the voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town. and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8.5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board cf selectmen. The board of selectmen shall, within three working days. give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter. order an election to be held on a date fi. ed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed;provided. however, that if any other town election is to occur within ninety days after the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nomina- tion of candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-S-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successbr who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-~i-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled.'?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-$-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him. shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1.;' Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writing, of th vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member of the advisory board shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to tl',e town manager. 9-2-3 On or before the first day of November of each year, the board of selectmen, after con- suiting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting~ 9-2.5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed t-mancial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d} summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format suggested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the advisory board. The board of selectmen shall also transmit the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the proposed budget and shall issue printed recommendations and detailed explanations on all financial articles in an annual advisory board report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the annual town meeting. [n preparing its recom- mendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9.3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimate~, methods of financing, and recommended time schedules; and (d) the estimated annual coat of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-S-2 The capital improvements plan shall be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board reporL Section 6 Notice of Public Hearing On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspection;and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every divisior,, department, office, board, commission, and committee of the town government, including the school department. 18 9.7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting t'h'm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER !0 PLANNING AND THE ENVIRONMENT Section I Powers and Duties of the Planning Board I0-1-1 A planning board shall be appointed as provided in clause 7-7-1. 10.1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development, and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town. the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law. this charter, and by-law. 19 Section 4 Industrial Commi~ion 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general law. this charter, and by-law. Section $ Coordination of Activities 10-S-I It shall be the general responsibility of the town mav. ager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission. and other boards, commiSsions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAPTER I 1 TRANSITIONAL PROVISIONS Section I Effective Date i 1-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. ! 1-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Governraent 11-3-1 Except as specifically provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4.1 Any person serving in the emt,:oyment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the 20 performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained m a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section 5 Transfer of Records and Property i 1-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in par~ to another office or agency, are assigned to such office or agency. Section 6 Public Works I 1-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge/ts duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office ot~ the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 2l Section 9 Boards Discontinued i I-9-1 On the effective date of this charter, the board of fire engineers, the personnel board. and the capital budget committee shall all be discontinued. 11.9-2 The board of public works established by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment I 1-10-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions ! 1-I 1-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nme of the amendments to the Constitution of the Commonwealth. (b)Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e) Voters. The word "voters" shall mean registered voters of the Town of North Andover. Multi-member Body. The words "multi-member body'? shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared, elected and sworn to the faithful performance of duty by the town clerk. {h) He/his. Tile words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. {i) Elected officer. The words "elected officer" as used in I [-4-2 shall mean the town clerk. the highway surveyor, the collector-treasurer, and any other individual elected office. abolished or made appointive by this charter. AFTERWORD The Charter Commission's concluding observations, in this afterword, must begin by acknowledg- ing the support, assistance and cooperation it has received from elected and appointed town boards. elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The Commission did not presume to deal with every matter or every suggestion that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and, of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Futur~ The passage of the Charter should prove to be the first page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends ~he appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve. issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three division. Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 May 8, KOPELMAN AND PAIGE, P.C. JEANNE $. MCKNIGHT JUDITH C. CUTLER ATTORNEYS AT LAW ANNE-MARIE; M, HYLAND RICHARD BOWEH 101 ARCH STREET ~ ANN BANKS BOSTON, MASSACHUSETTS 021 O-I 37 DONESKI MARY L GIORGIO g~l - (:~ KATHLE£N E. CONNOLLY 1995 BY HAND The Honorable Donna F. Cuomo State House, Room 541B Boston, MA 02133 ATTN= BETH B/qRRY Re: Town of North Andover - Charter Amendments Dear Representative Cuomo: Enclosed please find a certified copy of Warrant Article 15 voted unanimously by the North Andover Town Meeting on May 2, 1994. This article contains the proposed changes to the North Andover Charter which formed the basis for the legislation we drafted for filing in December, 1994. As you know, the bill has been held in the House Clerk's Office. I understand that, upon receipt of this copy of the Town Meeting vote certified by the Town Clerk, the Local Affairs Committee may be able to schedule the bill for a hearing and report it to the House for action. Please contact me if you have any questions or if I may be of further assistance. Very truly yours, JBB/abc Enc. cc: Board of Selectmen Town Manager PRINTED ON RECYCLED PAPER TOWN OF NORTH ANDOVER Joyce A. Bradshaw, Town Clerk Election Ikpamnent (~s) &s2.a4s3 TOWN BUILDING 1~0 Mnin ~ll'l~i North And,,ver, MA 01MS This is to certify that Article 15 of the Annual Town Meeting for the Town of North Andover held MAY 2, 1994 was voted as follows: A~TICLE 15. PETITION STATE LE~ISLA~E TO APPROVE P,.E~I~SZ0~IS TO a'~u~ NORTH ANDOV~ TOWN r'm~.-i-a~. To see if the Town will vote to petition the State Legislature to amend the North Andover Town Charter, as originally voted at the Annual Town Elections of March 3, 1986, to provide for the following changes: Chapter One: To add to Chapter 1, Section 2.2, to read as follows: The Town of North Andover is committed to the full participation of all citizens and to a policy of equal employment opportunity. The Town will not discriminate against employees, applicants for employment, nor citizens via their involvement in any Town sponsored activity on any legally recognized basis including but not limited to race, age, color, religion, sex, marital status, sexual preference, national origin, disability or veteran status. Chapter Two: To amend Chapter 2, Section 2.2, to read as follows: The warrant for each Town Meeting shall be closed not more than sixty (60) days, but at least forty-five (45) days prior to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. To amend Chapter 2, Section 2.3, by striking the words: "shall be published in a newspaper of general circulation within the Town at least seven days prior to the meeting, and" To add Chapter 2, Section 2.4, to read as follows: The warrant for each Special Town Meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting. To amend Chapter 2, Section 3.1, by striking the words: "on the first Monday in May at 7:00 PM" and replace'with "between April 18 and May 28, as specified in the Town Bylaws". TOWN OF NORTH ^NDOVER Joyce A. Bradshaw, Town Clerk Election Department (508) 682-6483 AT~S~ A ~ue Copy ~bwn Clerk TOWN BUTt 120 Main Silver North'AndoveL MA 01845 Chapter Three: To amend Chapter 3, Section 6,2, to read as follows: The Board shall also have the power to appoint town boards enumerated in Chapter 7, designated as Board of Selectmen appointees. To amend Chapter 3, Section 6.3, by replacing the words "Clause 3-6-2', with "Chapter 7". To amend Chapter 3, Section 8.1, to read as follows: Except for the purpose of investigation authorized by this Charter, the Board of Selectmen or its members shall not give orders to any town employee who is subject to the direction and supervision of the Town Manager either publicly or privately. chapter Four: To amend Chapter 4, Section 1.1, by adding the words: The Town Manager need not be a resident of the town when appointed but shall become a resident within ninety days after the start of his contract. To amend Chapter 4, Section 1.2, to read as follows: The Board of Selectmen shall appoint a search committee of an indefinite, but odd number for the purpose of recommending candidates for the position of Town Manager. The Board of Selectmen by an affirmative vote may act as the search committee. To amend Chapter 4, Section 2.1, to read as follows: The Town Manager shall be appointed on the basis of educational, executive and administrative qualifications, and experience. To amend Chapter 4, Section 4.1, by striking at the end "and (g) a Board of Public Works until such time as said Board is abolished." TOWN OF NORTH ANDOV£R Joyce A. Brndshaw, Town Clerk Election ~ (5O8) 682-6483 TOwN BUILDING 120 M.i- S~ North.Andover, MA 01845 To amend Chapter 4, Section 4.2, to read as follows: The Town Manager shall also appoint, on the basis of merit and fitness alone, and except as may otherwise be provided by General Law, this Charter, Personnel Bylaw, or Collective Bargaining Agreements, may suspend or remove all full-time, part-time, or seasonal employees, except those of the Library Trustees, the Police and Fire Departments, and the School Committee. Ail such appointments and removals shall be subject to disapproval by an affirmative vote of the Board of Selectmen taken within 14 days provided, the vote is first taken at a Board of Selectmen's meeting at which five members are present and voting; otherwise, if less than five members are present and voting, such disapproval shall only require three votes. Ch~Dter Five: To amend Chapter 5, Section 1.2, to read as follows: The divisions should include: (a) Director of Finance and Administration, (b) Division of Planning & Community Development, and (c) Division of Public Works, and include other divisions, as the Town Manager may establish with the approval of the Board of Selectmen. To amend Chapter 5, Section 1.4, to read as follows: Responsibility for the functions administered within the divisions shall be vested in the Town Manager, who may organize these responsibilities, as necessary with the approval of the Board of Selectmen by an affirmative vote. To amend Chapter 5, Section 1.5, by replacing the word "shall" with the word ,'should". To delete Chapter 5, Section 5.1, in its entirety. ~hapter Six: -To delete Chapter 6, Section 5.2, in its entirety. ATTEST A True Cop:, ~own Clerk TOWN OF NORTH ANDOVER loy~ A. Bradshaw, Town Clerk Eleaion TOWN BUILDING 120 MAin Street North,~inanver, MA 01~$ ~hmpter Seven: To insert a new Chapter 7, Section 10.1, to read as follows: A Youth Services Commission of an indefinite, but odd, number shall be appointed by the Board of Selectmen for three year overlapping terms. To insert a new Chapter 7, Section 11.1, to read as follows: A Commission on Disability Issues of an indefinite, but odd number shall be appointed by the Board of Selectmen for three year overlapping terms. To insert a new Chapter 7, Section 14.1, to read as follows: The Board of Selectmen by an affirmative vote, may create additional appointed Town boards and assign powers under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this Charter, bylaw, or vote of the Town Meeting. ~h~pter Nine: To amend Chapter 9, Section 2.4, to read as follows: Ail Department Heads, Boards, Committees, and Commissions, shall submit their budget request to the Town Manager at least 120 days before the date of the Annual Town Meeting or at an earlier time, as directed by the Town Manager. The Town Manager shall forward such budget requests to the Finance Committee forthwith. To amend Chapter 9, Section 2.5, to read as follows: At least 90 days prior to the scheduled date of the Annual Town Meeting, the Town Manager shall submit to the Board of Selectmen and the Advisory Board a comprehensive budget for all Town functions for the ensuing fiscal year and an accompanying budget message. To delete Chapter 9, Section 3.2. To amend Chapter 9, Section 6.1, to read as follows: A ~ae ~p~ TOWN OF NORTH ^NDOVER Joy'ce A. Bmdslmw, Town Clerk Election Dep~t~ent (508) 682-6483 TOWN BUILDING 120 blnln Street Nonh.Andovcr, MA 01845 The Advisory Board shall conduct at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations and detailed explanations on all financial articles including the Operating Budget and the Capital Improvements Plan in an annual Advisory Board report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the Annual Town Meeting. In preparing its recommendations, the Board may require the Town Manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. To amend Chapter 9, Section 7.1, to read as follows: At least ninety days before the end of each fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records, and financial transactions of every division, department, office, board, commission, or committee of the town, and to file its report within 120 days after the end of the fiscal year. To delete Chapter 9, Section 7.2, in its entirety. Further; all references in Chapter 9 and in all other Chapters referring to the Advisory Board to be changed to read the Finance Committee. Board of Selectmen V~r~u unanimously to adopt the article, as printed in the warrant, with the following amendments: Chapter 1 - Replace the words "via their involvement" with "engaged". Chapter 2, Section 3.1 change "April 18" to "April 28". Chapter 4, Section 1.1, deleteentire section as printed in warrant. Chapter 4, Section 1.2, delete entire section and replace with the following: "The Board of Selectmen shall appoint a search committee of at least three people, not to include any member of the Board of Selectmen, for the purpose of recommending candidates for the position of Town Manager.', Chapter 5, Section 1.2, change the word "Director" to "Division". Chapter 5, Section 1.5, add the words "in the first occurrence only" to the sentence as printed in the warrant. In addition, the Board of Selectmen are authorized to renumber the paragraphs of the Town Charter and to assign new headings to recognize the changes incorporated in this ~otion. o eI ei 0 PROCEDURES FOR ADOPTION OF A CHARTER Original Petition Petition by 15% of registered voters is required. The Petition should be submitted to Board of Registrars to certify signatures. They have 10 days to certify signatures and report results to Selectmen. Within 30 days of receipt of the report, the Selectmen shall Submit the question of adopting a charter and election of a Charter commision to the voters at the next Annual Election held on or after the 60th day following the adoption of such order. If the Selectmen refuse to issue such order then the question shall be submitted to the voters at the next annual election held on or after the 90th after receipt by the Selectmen of the report from the Board of R~trars. NOMINATION OF CHARTER COMMISSION MEMBERS Interested candidates take out nomination papers. Anyone can take out papers for someone else as long as they are willing the accept nomination. Fifty '(50) signatures are required at nominate someone. All candidates who are nominated are placed on the ballot in alphabetical order. Election Procedure Voters are instructed to vote for not more than nine (9) persons whether or not they favor the election of a charter commision. If a majority votes favorably on the question of electing a charter commission, then the nine (9) candidates with the most votes are elected. Organization of Commission Town Clerk calls first meeting within l0 days of election at which members elect officers. Vacancies are filled by remaining members. Hearings & Reports of Commission The Commission must hold public hearing 45 days after its election. Within eight months the Commission shall prepare a preliminary report including the text of the proposed charter. Report to be published in ~aper and copies shall be available. Within 4 weeks of the publication, the Commission shall hold one or more public hearings. Within 18 months of its election, the Commission shall submit its final report to the Selectmen, including the full text of the proposed charter and any comments deemed desirable regarding major differences between current and proposed charters. A minority report of the Commission of not more than 1,000 words may be submitted, provided it is filled with the Chairman of the Commission within 48 hours after the Commission's vote approvino their final report. Upon receipt of the final report, the Selectmen shall order the question of adopting the proposed charter on the ballot for the next annual election held at least two months after such submission. A Commission report which does not recommend the adoption of a Charter shall not be submitted to the voters, The Commission may provide for submitting alternative charter proposals to the voters. A copy of the ballot question and summary prepared in accordance with the law shall be filed with the Town Clerk no later than 35 days before the election. The Selectmen shall cause a copy of the final report be sent to each residence of one or more registered voters, no later than two weeks prior to the election. If the proposed charter fails to receive a majority vote but receives at least 35% of the vote, it shall be considered an optional charter. Then upon the petition of 10% of the voters, the charter shall be resubmitted w~t~in two years of the original submission? o elected * charter provides for appointment (previously elected ** appointed Board of Assessors * Edward Phelan (term ends 1988) Joseph Hermann (term ends 1987) George Barker, Jr. (term ends 1989) Conservation Commission ** Willie Vicens Lois Bruinooge CarlSchoene Jack Lindon Robert Mansour Catherine Lowery Council on Aging** Kathleen Gorman, Exec. Director 11 members Fire Chief ** William Dolan Police Chief ** Edward T. Sullivan Bd. of Fire Engineers (ends with effective date of charter) 3 members, including Chief Veterans Agent ** Richard Lahaye Board of Health * Gayton Osgood Edward Scanlon John Rizza Highway Surveyor ~ William A. Cyr Housing Authority · 5 members and Exec. Director, Louis Minicucci Licensing Commissioners Selectmen Personnel Board (ends with effective · date of charter) 5 members secretary, Anne Marie Barnes Tracy Peter, Assistant Inspectors ** Building Inspector/Zoning Enforcement Officer, Charles Foster Asst. Bldg. Inspector, Dan McConaghy Electrical Inspector, John Thompson Gas Inspector, Greg Phelan Plumbing Inspector, Reginald Landry Animal Inspector, Robert Atwood Liaison to Lawrence Airport ** Francis Trombly Merrimack Valley Plannin~ Commission John Simons, member of Planning Board Board of Public Works * John Thompson Raymond Canty James Noble Joseph Borgesi, Supt. Recreation Council ** 10 members William McEvoy, Chairman School Committee · Robert Mascola, Chairman John Gaffny Mark DiSalvo Diane Betel Brian Donahue Les Bernal, Supt. (leaving in August) Selectmen · Charles Salisbury John Graham Christine Smith Kenneth C. Crouch Ramsay Bahrawy Tax Collector/Treasurer * James Dewhirst Town Moderator · ,John Cronin Section 3 Contireaation of Government 11-3-I Except as S'PecifiCally provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Town Clerk * Daniel Long Town Counsel ** Domenic Scalise and Peter Shaheen Tree Warden ** Leo Lafond Stevens Memorial Library (vacancies filled by members'vote) Russel Reeve, Exec. Director Zonin~ Bd. of Appeals ** Frank Serio Alfred Frizelle Walter Soule William Sullivan Augustine Nickerson Assocates: Raymond Vivenzio Anna O'Connor Town Accountant** Joseph Willis Planning Board * Karen Nelson, Town Planner Michael Roberts Paul Hedstrom John Burke Erich Nitzsche, Chm. John Simons Advisory Board (Finance Committee) 9 members appointed by the Moderator Historical Commission ** 6 members Local Arts Council ** 5 members Registrars of Voters ** 3 members and Town Clerk Town Report Committee ** 3 members TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN AN ORDER PROVIDING FOR SUBMIF~ION TO THE VOTERS OF A QUESTION APPROVING THE ADOPTION OF A CHARTER 'TELEPHONE 68~-6483 Whereas, the North Andover Charter Commission has, on this day, submitted its Final Report to the Board of Selectmen in accordance with Chapter 43B, section 9(c) of the General Laws; Now, therefore, be it ordered by the Board of Selectmen of the Town of North Andover, in accordance with Chapter 43B, section 11 of the General Laws, as follows: "That the following question be SUbmitted to the voters of the Town for their approval at the March 3, 1986 Annual Town Election: ~Sball this town approve the new charter reeommmend~ by {he'barter Commission, summarized below? "B~llot Summary '~f approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. "The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECTMEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. "The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. "Other elected town officers and boards will be a moderator, a regional school committee representative, a housing authority, and a school committee. "The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT." Ordered this nineteenth day of December, 1985, at North Andover by its Board of Selectmen TOWN OF NORTH ANDOVERo MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN TELEPHONE 682-648'~ December 3, 1985 Mr. Ralph Barbagalio, Chairman North Andover Charter Commission Town Hall North Andover, Massachusetts 01845 Dear Mr. Barbagallo: Please know that the Selectmen have entertained discussions about the proposed charter's budgetary process vis-a-vis the School Department, in an effort to help clarify the concerns raised by the School Committee and echoed by the League of Women Voters. In this regard, please know that the Selectmen unanimously voted last evening to adopt the following position statement: "that this board endorse charter revisions which would ensure that the School Committee's original budget request not be prevented from being considered at town meeting; and "that the School Committee be required to participate in the budgetary process defined by the current charter draft." It would be the Se]ectmen's intent to have the Charter Commission itself promulgate any specific language to effect such revisions, and we wouId urge you to do so. Thank you for your consideration. KAB/kar cc: School Committee Sincerely, Execut~~ Chapter9 .. Financial provm on - and procedurea B-1-I~ Afl advisory board of ~ sh~l m~t~ f~ thr~ t~ ~r~ m~s ~NI ~ aP~nt- d~ ~ ~ ~m~t,of t~ ~nu~ t~ m~, ~ ~at he first ~ to the f~l ~ of his ~ ~ the l~ ~1~ V~ ~ ~1 ~ ~1~ by ~e m~tor ~ In ~flng, of the vac~ on the ~-~1~ t~ ~1 t~e up ~ ImPiety, pr~d~ that he fl~ ~1 have ~ ~orn to the f~l ~ of h~ dut~ ~ ~ hold ~ t~ o~. ~t, ~ ~ ~2-2 U~ ~pt of ~c ~ ~ts pr~ ~o~lth, ~h to ~ t~ mana~r. t~ man~r. ~ate~t ~tl~ e~lng ~1 ~r. ~taM~h ~ ~er ilm~ bud~ gr~h ~r ~ t~. ~2~ All ~P~t ~, ~mm~, a~ ~mm~ m~ t~r bud~ manor al ~ date of t~ annu~ I~ ~tl~. ~ At ~ ~ hun0~ and ~ ~1 ~bm~ to ~n ~ ~d~ ~th ~ptat~ ~ ~ ~r ~;~(d) ~m~ ~ecitofl 4 Budget A~ I The tmon meeting shall adopt the budget, with or without amemJ- meflts, prior to tho beginning Of the ' floca] year. ~' Section s Cfqdtd impcowmmnts ~ ~-5-1 The town manager ~all pro- pare a five-year capital Improvements plan which shall Include~ (a) a clear Summary of Its contents; (b) a Ilet of all capital Improvements proboaed to bo undertaken during the next ave fiscal years, together wtth supporting data;.(c) cos1 estlmatea, methods of financing, and recommended time schedules; and (d) the estimated annual coat of operat- Ing and maintaining the facilities or qulred. The abovo Information may be revLsed arid shaJl be oxtsnded each year ,with regard to capttaJ ImprOvemords pending or In the proees8 of construc* tlon or acquisition. I-~ The capltaJ Improvements plan shall bo submitted to the board of 8electmen at least one hundred and Iffty dM pilot to the data of the annual tmon meeting. The board shall act there- on within thlrt7 days and shaft then · ,~bmit It to the advisory board, which ~ ~ each :~____~.J year, the ~ ~,~octmen ~all ~request -the agency of the state to conduct an audit general circuation In the town, the gen- arm Summary of the capital Ira. provemefl~ plan and a noUce stating: (a)'the tlme~ and p!__-c-~ where copies of the cq~ai ~mprovemants plmt ere avail- Of all a~=ounts, t)ooks, record8, find financial trafloactlorm of every .dlvlelo~, department, offloe, board, commission, and ~ommittee of the town government, In~udlng the school department. not be~n a~¢l, ~I le~st thirty days b~fore the ~nd of the fiscal year, that the auditln§ ~gency of the state vdll ~arry out the requested audit, then the board may retain a m~'tlfled public ~- ~ountant .or taccountlng ~lrm to make ~ audit;~3d to file'lts report ahell~be a t~lbll¢ ~ecor{I, and a summary · ~-~-1 ~ ~ Itnal month of any ~ar ~o dh4~on, ~partmant, exm!~pt for amounts ixeviously er~um- .bared, more than e~e-te~fth of Its an- ~tual appropriation unlel~ · prov~ by ~he advt~ board. shaJl issue Its recommendatlona a~ part INFORMAL REPORT TO THE BOARD OF SELECTMEN DATE: 12-2-85 / DISCUSSION OF PROPOSED CHARTER LANGUAGE ON BUDGETING PROCESS VIS-A-VIS SCHOOL DEPARTMENT In an effort to assure the School Committee's important endorsement of the proposed charter, the Selectmen may wish to entertain discussion this evening w~th the schools on the issue of moment. You wi]] recall that, at the Charter Commission's pub!~c hearing, the School_ Committee voiced ~ts opposition to the proposed budgeting process as that process affected the School Department. The League of Women Voters ..... the prime movers for the charter in the first place--also expressed thei. r support of the School Department's concerns. In an effort to clarify the areas of disagreement between the Schoo2 Committee an~ the propose~ charter, the School Committee entertafned ~iscuss~ons at their meeting last week with Selectman Graham, Selectman Salisbury, and the Executive Secretary. ~%e outcome of that meeting was the identification of two issues of concern to School Committee members. First was the School Committee's desire to ensure that the budget presented to the voters at the Annual Town Meeting wou~d contain the original budget request of the School Department along wlth whatever recommendations may be made by a Town Manager, Selectmen, an~ Advisory Board. Further, the Schoo~ Department wanted to guarantee its ability to have Town Meeting act on their origina~ budget request, notwithstanding any subsequent recommendations. Second was a more drastic positS, on that, while the School Department would submit budget informat~on to a Town Manager and Selectmen, that the Schools budget should not be subject to formal recommendations or amendment prior to the Advisory Board level. That is, the Manager and the Selectmen, in presenting a balanced budget to the A~visory Board, would have to take the school budget as given. School Committee members DiSa!vo, Bata], and Donahue were w~l!ing to accept and be satisfied with resolution of the f~rst issue alone. Members Mascola and Gaffney wanted both issues resolved ~n their favor, in order to support the charter. The result is that a majority of the School Committee would be sat~.sfled with action on the first ~tem only; and the Selectmen may wish to focus its attentions on this area. ISSUED BY THE EXECUTIVE SECRETARY NORTH ANDOVER, MA · -2- I have had subsequent discussions with Superintendent Leslie Berna], and with Charter Commission members Marty Larson and Dennis Currier, about a proposed language change. If agreement can be reached tonight or shortly thereafter, it would be our hope to have the Charter Commission take up reconsideration of this issue at their December 3, 1985, meeting. At~ached is a copy of the proposed Chapter 9 of the Charter, entitled, "Financial Provisions and Procedures" The amended language Superintendent Bernal and I would wish to have you consider are the following: The addition of a second sentence to section 9-3-1 so that the entire section reads as follows: "The board of selectmen sha!] within thirty days adopt the budget, with or without amendments, and submi, t it to the advisory board. The board of selectmen shall also transmit a~y~y_~p~f~" (New language underlined.) new section 9-.3--3 to read as follows: "The document containing the printed recommendations of the Advisory Board shall specifically include the original budget request of the Schoo3 Committee, if such is di~fferent from the amount recommended;" and (c) a new section 9~.~4.-2, as follows: "Nothing herein shall preclude Town Meeting from acting on the original budget request of the School Committee." It is the hope that such explic4t language, on subjects which may be i. mp!~cit]y understood, wou]~d satisfy both a majority of the School Committee and the League of Women Voters. As distasteful as ~.t may be to the Charter Commissioners--and perhaps the Selectmen--to seek to add specific language to satisfy particular interest groups, we cannot deny the fact that such an accomodat~on as this is necessary to help ensure the passage of the charter. The issue of schoo~ budgets has been ra%sed publicly and has prompted considerable debate. In order for the matter to be neatly put away, such language as this would seem to be a small price. I would urge the Selectmen and the School Commlttee to work cooperatively towards a proposed language change to be brought before the Charter Commission. !'Chapter 9 Financial provisions and procedures 8action I Acl,daerY Board, ~-l-t An adviso~-r board of nine membem shall be appolnte~t by the modarator for three-year overlapping term~ Three members shall be appoint- ed annually. · .1-2 Any person duly appointed to th~ advisory board shall taka up, the clutki~ of the office upon the final joummant, of the annual town meeting, provided that ha first shall' have been ~ to the faithful performance of his dutl~ by the town ~-l.a Vacancies in the advisory ~ shall, be filled: by the moderator witNIt thirty days after ha has been r~;;'.~L In writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall taka up the dutk~ Immediately, provided that he first shait heys been sworn to.the faithful pedormance of his dutlas by th~, tow~ ~.-1.4 No member of the advisory board ~ttail hold any other elected or appointed town office. ~eetlen 2 9ubmleaimt M badger ami budget me~age · .~$on oe before the first daf of Q~'tel~e of eech yesr, the town manager estimated re~rmea for the aneuM~ fie- M-2 Upon renelpt of any a~itto~l e~cm~iflc Itscai data provid~ J~j Commonwealth, such estimates ~ am !revised, updated, and submitted forth- eath to the town manager. ' · ~-2-~ On or before the ~a'st day Of November of each year, the bolud of selectmen, after consulting :with the town managar, shall issue a policy statement ralaflng to the budget for the ensuing fiscal year. The statement shall establish the outer limits of ICx~slble budget growth for the town. ~.2,al All departrne~t heads, boards, committees, and commissions shall sub- mit their budgst requests to the to~m manager at least 150 days bofore the date of the annual town meeting. 9-2-5 At least one hundre~ and twen- ty days prior to ~ ~oheduled ;late of the annual town meeting, the town man- agar shall submit to the.board of aslant- rne~ a comprehensive budget for ail town functions for the ~ ~ year and an acconlpany~g ~ Ir~ · ~-,I-5 The budget mesasge'~hall p~ln the budget both hi __~__4arm~ ~ In terms of what specific pmfe;l~ oontornplated in the year ahead. It shall: (a) outline the proposed ananelal c~e~ of the town for Ihs ensuing ~ year; (b) ~es,~e me ~~ ehengee;(d) summarize the tlwm'a dam deem appropriate. txm/patlble :,Mth the standards ~- mande~ ~y the ~tate esaoolatloa ;of tinanco commltteas. ~The budget atiail Indicste propoe~ expanditures ~Or Ix~th ourrant Operatlone and r, apltal la~eets ~:~ board of saiemme~ shd ~dthln thirty day~ adopt t~ bod~ r~mm~dai~a ~ ~1~ · flons ~ ~ fln~cl~ ~1~ In ~ ~1~ board ~d, ~ m~ or d~H~t~ to the ~ all ~ vot~ ~ prlo~ to ~ ~ul~'date ~ nu~ to~ m~ln~ In p~ ~ r~ omm~datlo~, t~ ~d may ~ulre t~ t~ m~ag~, ~Y t~ dMsO, d~m~t, ~, bo~d. ~ml~oo, ~ ~mml~ to ~mJ~ It ~th ~pr~ ate ~olN mpo~a ~d bud~ In- flation. ~1 ~ to~ ~lng shal ado~ ~ s c~ im~ ~ p~e a fl~y~ ~lt~ ~mm~ of 1~ ~nt~t~ (b) a ll~ of un~ during ~e ~ ~t ~imat~ m~h~s of ~d r~om~nd~ tl~ ~h~ul~;~d (d) t~ ~mat~ ~nu~ co~ of o~t- fag ~ ms.raining the f~gfl~ or qui~. ~e able Inf~matl~ may ~ ~d ~1 ~ e~d~ ~ ~d to.~lt~ Imprav~ ~ ~ ~uls~lon. ~ ~ ~tai Im~o~ ~ ~ subml~ to the bo~ ~m~ ~ I~ one ~ndr~ d~ prim t~ the data of the t~ m~lng, ~e ~d ~ ~ wl~ln thl~ days ~d ~ It to the advi~ bo~, ~ I~e Its r~ommandatlona ~ ~e ~nu~ a~ board r~. ~ e ~ ~ ~b~ im~-~t ~ ll~, ~ ~e or mo~ n~ of g~er~ oi~n In t~ to~ the ~M ~mm~ of ~e ~ p~ pl~ ~d a no~ ~ti~:: t~ ~ ~ta ~ ~ ~.i~ ~ (b) ~ · PO~ ~eleofmen shall request the eud~ agency of the state to conduof an audit of all a~counts, books, records, and financial transactions of every dlvlMon. department, offloe, board, comm~alon, and committed,of the tow~ government, , In~ludlngthe school department. · -?-2 tf ;the board of ~seteofmen has not been assu~d, at least thirty ~ bofore the end of the fiscal year, the audlUng agency of :the state ~ eany out the requested audit, then ~ beard may ~rstaln a oartBed public eountant or anoountlng ~trm to make ~ audit;and to file it~ report ~dthin oue h~ end ~wanty days anar ~he end of tbo llecel yesr:, port Shall ~ lfled ~th tho mw. t~ofan em a,pul~ rano~, and a annual town report, : -eeMion I Undt on egendi~ ' ,e-~l Jn Ihe flnnl monlh of any year no division, determent, stoa, Mfloe, ~or agan~ may expend, ex~ept for 'emount~ pravtoualy ancum- :bared, more 1ban orm-tv~lfth of Its an= flual , appropriation' unlst~e INFORMAL REPORT TO THE BOARD OF SELECTMEN DATE: MECHANICS OF THE CHARTER PROCESS FROM HEREON For your information and referral, now that a Charter Commission has been established by affirmative vote of a majority of the voters, the General Laws spell out these procedures: MGL C. 43B, s. ?. "The... town clerk within ten days of the election shah notify the nine candidates elected to the charter commission of the initial charter com- mission meeting. At such initial meeting a charter commission shall promptly organize by the election from any of its members a chairman, a vice chairman and a clerk and shall file a notice of such organization with the.., town clerk." M(]L C. 43B, s. 8. "... Within twenty days after the election of a charter commission, the.., town treasurer shall credit to the account of the charter commission, with or without appropriation,.., the sum of five thousand dollars in a... town of twelve thousand or more but less than fifty thousand inhabitants .... A city or town may appropriate such additional funds for its charter commission as is deemed necessary." MGL C. 43B, s. 9(a). "Within forty-five days after its election, the charter commission shall hold a public hearing." MGL C. 43B, s. 9(b). "Within sixteen months after its election, the charter commission shall prepare a preliminary report including the text of the charter.. · which the commission intends shall be submitted to the voters and any explanatory informa- tion the commission deems desirable, shall cause such report to be published in a newspaper having general circulation in the.., town, shall provide sufficient copies ·.. to the.., town clerk to permit its distribution to each registered voter re- questing the same, and shall furnish two copies to the attorney general and two copies to the department of community affairs. Within four weeks after such publication, the commission shall hold one or more public hearings upon the report. Within four weeks after his receipt of the report, the attorney general shall furnish the commission with a written opinion setting forth any conflict between the proposed charter.., and the constitution and laws of the commonwealth." MGL C. 43B, s. 9(c). "Within eighteen months after its election, the charter commission shall submit to the.., board of selectmen its final report, which shall include the full text and an explanation of the proposed new charter.. ·, such comments as the commission deems desirable, an indication of the major differences between the current and proposed charters, and a statement of not more than one thousand words by the commission minority, if any .... " In genera], this subject is control]ed by Article II, Section 2 of the Amendments to the Constitution of the Commonwealth (a/k/a "the Home Rule Amendment") and Chapter 43B of the General Laws (a/k/a "the Home Rule Procedures Act"), as most recently amended by Chapter 363 of the Acts of 1984. ISSUED BY THE EXECUTrVE SECRETARY NORTH ANDOVER, MA . TOWN OF NORTH ANDOV£Ro MASSACHUSETTS BOARD OF SELECTMEN FILE COFY TEL~PHONg 682.64a$ TO: FROM: DATE: SUB J: MEMORANDUM Charter Commission ~~ Keith A. Bergman, Executive Secretary March 5, 1985 Charter Commission Appropriation Please know, with respect to the financing of the activities of your commis- sion, that the following steps either have been or are being taken by the Town: Crediting of Charter Commission Account with $5,000. Pursuant to MGL Chapter 43B, section 8, the Town Treasurer is crediting a Charter Commission account with the sum of five thousand dollars ($5,000), as is required of a town with a population between 12,000 and 50,000 persons. Warrant Article for Additional Appropriation. The Selectmen have also in- serted onto the warrant for the April 27, 1985 Annual Town Meeting, the following article: Article 43. CHARTER COMMISSION APPROPRIATION. To see if the Town will vote to raise and appropriate the sum of $ , to be expended under the direction of the Charter Commission for the purpose of employing such legal, research, clerical and other employees or consultants as such commission may require to assist it with its duties as outlined in Chapter 43B of the General Laws, such sum to be in addition to the five thousand dollars already credited to the Commission's account pursuant to section 8 of said Chapter 43B. Petition of the Selectmen. It is the Selectmen's intention that the Charter Commission, together with the Advisory Board, determine what dollar amount should be requested through this article. As we understand section 8 (as recently amended by Chapter 363 of the Acts of 1984), there is no legal limit on what this sum might be. If the Selectmen's office can provide any assistance whatsoever, please do not hesitate to let us know. Thank you very much. cc: Town Treasurer James Dewhirst Advisory Board James FI. Dewhkst Joseph Willis Town Accountant Town Hall No. Andover, Ma. OFFICE OF TOWN TREASURER NORTH ANDOVERo MASSACHUSETTS RECEIVED ;,larch 8, 1985 UAR '.i 1985 80ARD OF SELECTMEN Tel. 68-21759 Regarding the election Monday of a Charter Con~ission, Chapter 363, Acts of 1984, states that the sum of $5,000.00 be made available to such commission within 20 days, and shall be provided by transfer by the Treasurer from available funds. Please make the following Journal Entry: Surplus $5,000.00 Charter Commission Expense $5,000.00 Yours truly, James H. Dewhirst Copies: Selectmen Charter Commission Advisory Board STEPS THAT MUST BE TAKEN TO ADOPT A CHARTER 1. Petition signed by at least 15% of the number of registered voters residing in North Andover at the time of the preceding election. (November 1982) 2. Petition forms shall be made available by the Town Clerk. 3. Petitions shall be submitted to the Board of Registrar of Voters to determine validity of signatures. e e 8. 9. 10. 11. 12. 13. 14. 15. Within 10 days after the submission of petitions, the Board of Registrar of Voters shall check names and report back to the Board of Selectmen. Upon receipt of validated signatures, the Board of Selectmen shah place a question of adopting the charter on the ballot in the next local election, which would March of 1985. This must be done within 90 days of the March election. Therefore, signatures should be validated by the end of November and submitted to the Board of Selectmen. On the same ballot in March, a Charter Commission should be elected. Nomination of Charter Commission members to be placed on the ballot shall be made by acquiring 50 signatures. Nomination of Charter Commission members shall close 28 days prior to the ~date of.election. Nomination papers shall be filed with the Town Clerk. Charter Commission shah consist of 9 registered voters without Darty affiliation. Charter Commission candidates names are placed on the ballot in alphabetical order. If a majority of the votes cast upon the questions of adopting or revising the Charter is in the affirmative, the 9 candidates receiving the highest number of votes shall be declared elected. Within 10 days of the election, the Town Clerk shall notify those 9 candidates elected to the Charter Commission of the initial Charter Commission meeting. All Charter Commission members shall serve without compensation. Within 28 days after the e]ecti~ of the Charter Commission, the Town Treasurer shall credit $2,000 to the account of the Charter Commission. This $2,000 is appropriated fOr expenses that the Charter Commission may incur and shall not require town meeting vote. Within 18 months after its election, the Charter Commission shah submit its final report to the Board of Selectmen which shah include the full text and explanation of the proposed new charter. A copy of the final report shall also be submitted to the Department of Community Affairs and to the Attorney General. ' TOVdN OV NORTH ANDOVER, MASSACHUSETTS BOARD OF SELECTMEN January 9, 1985 Municipal Bulletin Board Massachusetts Municipal Association 131 Tremont Street Fourth Floor Boston. MA 02111 ATTN: Susan Schacht: Dear Ms. Schacht: Kindly include the following listing under the "Seeking Information" heading of the Municipal Bulletin Board in the next few issues of the Beacon CHARTER COMMISSION - The Town of North Andover would be interested in hearing from communities who have recently undergone the Charter adoption or revision process, par- ticularly those whose Charter Commissions hired a consultant to assist them in their activities. Contact Keith Bergman, Executive Secretary, Town Hall, North Andover, MA 018q5; { 617) 685-8860. KB :cf Thanks very much. TOWN OF NORTH ANDOVER. MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN TELEPHONE: 652-6483 December 18, 1984 Mr. Daniel Long Town Clerk Town of North Andover 120 Main Street North Andover, MA 01845 Dear Dan: Attached please find a copy of the order issued by the Board of Selectmen last evening submitting to the voters at the 1985 Annual Town Meeting the question of adopting a charter, and providing for the nomination and election of nine charter commissioners. Kindly include these items on the March 4, 1985 Annual Town Election ballot. Thanks very much for your assistance and cooperation. / cc: VBoard of Registrars League of Women Voters Sincerely, Execut~re~ TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF BOARD OF SELECTMEN TELEPHONE 68Z-6483 An Order Providing for the Submission to the Voters of a Question C~lli~g for the Adoption of a Charter; and for the Nomination and Election of a Charter Commission. Whereas, Article LXXXIX of the Amendments to the Constitution and Chapter 43B of the General Laws provide that every town shah have the power to adopt its charter in accordance with said Article and Chapter; and Whereas, a petition for the adoption of a charter has been signed by at least fifteen percent (15%) of the number of legal voters residing in the Town of North Andover at the 1984 biennial state election; and Whereas, the Board of Registrars of Voters of said Town has certified that a sufficient number of valid signatures is contained in said petition; and Whereas, such certification has been received by the Board of Selectmen not more than thirty (30)_days prior to the date of this order; and Whereas, the 1985 Annual Town Election shall be held not less than sixty days follow- ing the date of this order; Now, therefore, be it ordered by the Board of Selectmen of the Town of North Andover, in accordance with Chapter 43B, section 4 of the General Laws: - the following question shah be submitted to the voters of North Andover on the March 4, 1985 Annual Town Election ballot: "Shall a commission be elected to frame a charter for the To~m cf North Amlover?" and - the election of nine Charter Commission members shall take place on the same ballot as above, with the signatures of fifty (50) registered voters being required to' nominate a charter commission member. If a majority of the votes cast upon the question of adopting a charter is in the affirmative, the nine candidates receiving the highest number of votes shall be declared elected. Ordered this seventccnth day of December, 1984, at North Andover by the Board of Selectmen, John W. Graham C~ine M. INFORMAL REPORT TO THE BOARD OF SELECTMEN DATE: 12-t7-84 ~ SUBMISSION OF CHARTER QUESTION TO VOTERS The Board is in receipt of certification, under Mass. General Laws Chapter 43B Section 4, by the Board of Registrars of Voters that a sufficient number of valid . signatures are contained on a petition requesting that the question of adopting a charter be submitted to the voters of the Town of North Andover. State law requires that 15% of the registered voters are required for such a petition. 1,892 signatures are needed, and that number has been certified. Pursuant to said Section 4, the Board of Selectmen should, therefore, vote to issue the fo]lowing order: 1. To provide that the question of adopting a charter for the Town of North Andover shall be submitted to the voters of said Town at the 1985 Annual Town Election; and 2. to provide for the election of a charter commission, consisting of nine members, on the same 1985 Annual Town Election Ballot; such charter commission members to be nominated by 50 registered voters of the Town. ~ Should the Board vote to set the 1985 Annual Town Election for the first Mondayin March, March 4, 1985, then the last day for filing certified nomination papers with the Town Clerk shall be the 28th day preceeding the date of such election, i.e., February 4, 1985. And prior to that, nomination papers must be filed with the Registi~ars of Voters by January 28, 1985, in order that the voters' signatures may be certified. · ISSUED BY THE ~.XF~.¢T~T[VE SE¢]~ETARY NORTH ANDOVER, MA · DANIEL LONG TOWN CLERK NORTH ANDOVER, ~SS. December 11,198~ Dear Dan: This is to notify you that the required number of o signatures for the question of a Charter Commission to be put on the ballot in the 1985 Town Election have been certified by the Board of Registrars. Sincerely, ~. ,~ ; / William Lafo'nd ~( Chairman, ~oard of Registrars ~ Board Qf Selectmen LeagUe ~of Women Voters INFORMAL REPORT TO THE BOARD OF SELECTMEN DATE: 12-z7-84 ~ SUBMISSION OF CHARTER QUESTION TO VOTERS ~ The Board is in receipt of certification, under Mass: General Laws Chapter 43B Section 4, by the Board of Registrars of Voters that a sufficient number of ~alid. signatures are contained on a petition requesting that ~he question of adopting a charter be submitted to the voters of the Town of North Andover. State law requires that 1596 of the registered voters are required for such a petition. 1,892 signatures are needed, and that number has been certified. Pursuant to said Section 4, the Board of Selectmen should, therefore, vote to issue the following order: 1. To provide that the question of adopting a charter for the Town of North Andover shah be s~bmitted to the voters of said Town at the 1985 Annual Town Election; and 2. to provide for the election of a charter commission, consisting of nine members, on the same 1985 Annual Town Election Ballot; such charter commission members to be nominated by 50 registered voters of the Town. " ' Should the Board vote to set the 1985 Annual Town Election for the first Mondayin March, March 4, 1985, then the last day for filing certified nomination papers with the Town Clerk shall be the 28th day preceeding the date of such election, i.e., February 4, 1985. And prior to that, nomination papers must be filed with the l~egistrars of Voters by January 28, 1985, in order that the voters' signatures may be certified. , ISSUED BY THE EXECUTIVE SECRETARY ,NORTH ANDOVER, MA DANIEL LONG TOWN CLERK NORTH A~rDOVER, ~SS. December 11,198~ Dear Dan: This is to notify you that the required number of signatures for the question of a Charter Commission to be put on the ballot in the 1985 Town Election have been certified by the Board of Registrars. C~Board of Seiectmen Leagqe:of Women Voters TOWN OF NORTH ANDOVER, MASSACHUSETTS ADVISORY BOARD TOWN HALL NORTH ANDOVER, MASS 01845 ' gO~..7,i. TO: FROM: DATE: SUBJ: Board of Selectmen Francia Lindon, March 17, 1986 Organization and Dollar Amount Needed for "Charter ImplementatiOn Article" In our discussions concerning the articles for the Annual Town Meeting, it appears that there is some confusion concerning the funding requested for the transition period and for salaries and expenses related to the implemen- tation of the new Charter. Since we hope to have all of our decisions finalized by April 1st, it is of crucial importance to us that we receive clarification from your Board (and perhaps the Transition and Search Committee) as soon as possible. We would like to know how you are going to organize the article and the costs related to that organization, i.e., the article was broadly written, but probably should allow for the following expenditures: advertising and other administrative costs of recruiting a town manager and three division directors salaries and expenses for these four positions in FY 1987: - a town manager for ten months (September 1 hire) - finance and community development division directors for nine months - a public works director for eight months (60 days after manager) The motion to be made under this article would either be a lump sum to pay for all of the above--implicitly leaving some flexibility in how the Selectmen divide up those funds--or the enumeration of specified dollar amounts, (e.g., SXX,000 for advertising and administrative costs, SYY,000 for town manager salary, SZZ,000 for finance director, and so forth). We would very much appreciate some assistance from the Selectmen on this important topic. We hope to hear from you soon. Thanks very much. FL/ch vice or a combination of full and self service, provided that .ation is operated and constructed in accordance with safety irements and other laws. The existing Bylaw prohibits self service ,line stations- Petition of E. Haffner Fournier and others n from available will vote to raise and appropriate, borrow, or ~ - ~ of Selectmen, funds, to be expended under the direction of the moara , for the purpose o£ implementing the North Andover Home Rule Charter including such expenses as may be incurred during the transition and the funding of salaries and expenses during Fiscal Yea~ 1987 for such positions as may be created in accordance with the Charter. Petition of the Selec%men - Article 46. REVIEW AND RECODIFICATION OF TOWN BYLAWS. To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $5,000, to be expended under the direction of the Board of Selectmen, for the purpose of reviewing and recodifying the Town Bylaws respecting the adoption of the North Andover Home Rule Charter, with the presentation of such recodification to be made to~ the 1987 Annual Town Meeting for adoption. Petition of the Selectmen Article 47. ACCEPTANCE OF POLICE DEPARTMENT STATUTE. To see if the Town will vote to accept Section 97A of Chapter 4] of the Genera] Laws. Said section gives the Chief of Police control of the officers on the Department and the assignment of their duties. It makes the Chief accountable for the efficient operation of the Department, as is past practice. No authority is taken from the Selectmen to appoint, move an officer for failure to perform his duties or discipline, or ~ rules and regulations or other misconduct- for violations Petition of the Selectmen Article 48. ACCEPTANCE OF FIRE DEPARTMENT STATUTES. To see if the Town will vote to accept sections 42, 43, and 44 of Chapter 48 of the General Laws, which formally establish the fire department under the supervision of the Fire Chief. The statute previously accepted by the Town provided that the Fire department be under the direction of the Boa=d of Fire Engineers, which is abolished by the Charter. Petition of the Selectmen to date Ralph A. Barbagallo, Jr., Chairman Marty Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Minutes of Meetin$, January 7, 1986 The meeting was called to order at 7:10 p.m. Present: Barbagallo, Burke, Busby, Demers, Lafond, Larson ~3port of Charter Education Sub-Commmittee by Lafond · It was voted unanimously to pay a bill for advsertising from the Eable Tribune Charter members are invited to the following meetings to speak on the charter: 1-9-86 League of Women Voters 1-14-86 Thompson School PTO 2-18-86 Downtown Merchants 2-15-or 2-22-86 Board of Trade · It was moved by Lafond, 2nd Demers, to run a seriesiof 2 or possibly 3 more educational ads on the charter, format to belapproved at next meeting. Voted unanimously. · Printing of final report. Quotes from 3 printers ranged from $2510 to $3102 and all would take 1-2 weeks to complete the job. Discussion with Robert Lippe of Continental Cable of Lawrence Mr. Lippe expressed interest in taping and showing an!educational presentation by members of the Commission about' the Com~aission. It would be taped at his studio in Lawrence. He suggested 2 one-hour programs which he would show 3 times in February. He also stressed that CTV 3 will cover the charter asian election issue as well. Discussion Among Charter Commission as to Format of CTV 3 Production It was decided to tape 4, 15 minute segments using Co~maission members. We would respond to the following questions, approximately 3 per segment: Why retain Open Town Meeting Why consolidate the Public Works Department Why change elected to appointed officials Why hire a Town Manager Won't a new government cost a lot of money How will the charter deal with the unchecked building boom Doesn't the charter limit the Advisory Board Minutes, January 7, 1986 Page 2 8. Who will lose jobs 9. Why is there a recall provision 10. Who will do appointing 11. How strong will Town Manager be 12. How is the new charter different from the old We will tentatively film on January 15 at 10 a.m. & 7:30 p.m. Next Meetins: January 14, 1986 7:00 p.m. Atkinson School The meeting was adjourned at 8:30 p.m. Respectfully submitted, Martha Larson Clerk - pro tem NORTH ANDOVER CHARTER STUDY COMMISSION Ralph A. Barbagallo, Jr., Ckairman Marry Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, DECEMBER 3, 1985 Chairman called the meeting to order at 7:05 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, Thompson, Consultant Booth. Minutes of the previous meeting were accepted as read with thanks to M. Larson's efforts as clerk pro rem. Motion by D. Currier, second by P. Lafond, to pay bill of $60{)submitted by the consultant, so voted. Consultant Booth informed the commission that the Attorney General has given the charter a clean bill of health. Action on suggestion from the Attorney General, motion by J. Morkeski, seconded by M. Larson, to post warrant 14 days for special town meeting, voted to adopt unanimously. On section 2-6~1, motion by P. Lafond, seconded by K. Demers, to delete. 1 voting on the affirmative, 8 voting in the negative. On 2-8-3 it was the unanimously consent of the commission to leave it in the charter. Consultant Booth presented the commission with NACC #33. A revised letter of transmittal, a revised ballot summary, and a revised paragraph of t he Introduction. The chairman read a communication from the Board of Selectmen. The School Committee presented its position on the school budget to the commission. Superintendent Bernal, spokesman, asking the commission to consider language in 9-3-1 that would guarantee the efficiency of the school system. Majority of the School Committee ~f the compromise language. Board of Selectmen explained their position on the compromise language. Questions to both the School Committee and the Selectmen were raised by J. Burke. The chairmim- called a brief recess for all parties envolved to discuss the proposed compromise language. Motion by J. Thompson, seconded by M. Larson to adopt "a" of the compromise language and to delete the worH original. Language to read "The Board of Selectmen shall also transmit the budget request of the School Committee to the Advisory Board". 8 members voting in the affirmative, 1 abstaining. '2- Consu]tant Booth stated clarification will be made irt the charter stating the Bo~ird of Se]ectmen shall have the responsibility in presentin~ the budget to the Town .Meeting. ~!otion by K. Demers, secondby P. Busby to adopt the position, voted unanimous]v. Motion by d. Thompson. second by D. Currier, to make discontinuation of the Board of Public i*,orks more specific and to keep the tp8.nsitional process in place. Voted una~i m or)sly. Motion to adjourn at 8:50 p.m. Dennis Currier, Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER. MA 01845 Ralph A. Barbagallo, Jr., Chairman Marty Larson, Vice Chairma?~ Dennis L. Currier, Clerh Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, OCTOBER 29, 1985 Members present: Barbagallo, Burke, Busby, Currier,.Demers, Lafond, Larson, Morkeski, Thompson. Minutes of previous meeting accepted as read. Motion by J. Thompson, seconded by P. Busby, to psy commission bills for postage and printing, voted unanimously. Budget summary of commission as of 30 Sept. ttccepted as presented. · The commission reviewed the preliminary report (the proposed charter). It was agreed to make no major changes. In section 6 of 3-6-2 strike "the" before town, ]st sentence. 3-5-3 should be revised 5-6-1 question on MGL Section 97. The town's new growth study committee has invited the commission to its November 5th meeting. The commission chairman stated that the public hearing on November 12th wi]] be handled in the ssme manner as previous hearing. Review of schedule of commission after the public hearing, next meeting of commission to be Tuesday, November ]9th, st 7:00 p.m. The commission then reviewed ads that are to be placed in the local newspapers. Commission approved ads with changes, with special thanks to Mark DiSalvo for his assistance to the Education Committee. Motion by P. Lafond, seconded by P. Busby, to have ads appear on a Monday and Thursday schedule. Motion to adjourn st 8:55 p.m. Respectfullys ubmitted DennisL. Currier, Clerk NORTHeANDOVER CHARTER STUDY COM~MISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chairman Marry Larson, Vice Chatman Dennis L. Currier, Clerk Co~itt~ ~b~rs James C. Burke Philip A. Busby ICathleen g. Oemers Peter J. Lafoed Joseph J. gorkeski John P. Thompson Minutes of Meeting October 15, 1985 Chairman Barbagallo called the meeting to order at 7:00 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Thomson, Morkeski and consultant Dave Booth. Minutes of the previous meeting with corrections to 9-1-4 and 9-4-1 accepted as read. Chairman Barbagallo:~stated that the Lawrence Eagle Tribune will publish the preliminary draft at no cdst to the Commission. A letter will be sent to the newspaperJthanking them for their efforts on the commission's behalf. The commission voted to have an extra meeting on Thursday, October 17th. Consultant Booth presented Chapter 11 to the commission. Enabling motion by J. Thompson and seconded by J.Morkeski to accept. Sect. 1 (11-1-1) motion by M.Larson, seconded by K.Demers to have effective date of Charter, October 1, 1986. voted unanimously. (11-1-2) motion by K.Demers, seconded by J,Thompson to insert words "before , Sept., and its adoption by the voters". Voted unanimously. Sect. 2 ok. Sect. 3 ok Sect. 4 (11-4-1), 11-4-2 ok. 11-4-3 motion by J.Thompson, seconded by M.Larson to strike section 8 members voting in the affirmative, 1 in the negative. 11-4-4 motion by K.Demers, seconded by J.Thompson to strike "one year" and to include this section as part of 11-4-2. 8 members voting in the affirmative, 1 voting in the negative. Sec. 5 ok Sec. 6 (11-6-1) motion by J.Burke, seconded by D.Currier to strike "department", insert division, Consultant Booth to redraft section. 7 members voting in the affirmative, 2 members voting in the negative. 11-6-2 ok Sec. 7 motion 5y J.Thompson, seconded by P.Busby to strike, similar language as in 11-6-2. 8 members voting in~:t,he affirmative. Minutes October 15, 1985 Sec. 8 ok Sec. 9 ok Sec.10 ok Motion by K.Demers, seconded by M. Larson to reconsider section 6. 4 members voting in the affirmative, 5 members voting in the negative. Motion to adopt Chapter 11 as amended. 7 members voting in the affirmative, 1 in the negative. The Chairman called a brief recess. Consultant Booth presented a!~preliminary draft of the charter with the changes that have been made by the Commission. Consultant Booth suggested Chapter 10 be placed under Chapter 5 Administration. In Chapter 4, Section 4-4-1, reference Planning Board. Motion made and seconded to adjourn the meeting and the meeting adjourned at 9:55 p.m. Respectfully submitted, Dennis L. Currier Clerk NORTH ANDOVER CHARTER COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chairman MINUTES Marty Larson, Vice Chairman Dennis L. Corrier, Clerk Committee Members James C. Burke Philip A. Bushy Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson NORTH ANDOVER CHARTER COMMISSION THURSDAY October 17, 1985 The meeting was called to order at 7:13 p.m. Present: Barbagallo, Burke, Busby, Demers, Lafond, Larson, Morkeski, Thompson, Consultant Booth. Excused: Currier. The minutes of the October 15, 1985 meeting were not yet available. The commission had before it the revised draft of the entire charter with an introduction to the preliminary report. The chapters were not taken in order, to permit the Selectmen, who had been invited to attend, to comment on those sections which most concerned them. ~hapter 1 and Preamble TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Accepted as written. Ohapter 2 TOWN MEETING Section 2-2-2 ~lose of warrant) It was moved by Lafond, 2nd Larson to change the date for closing the warrant from 28 days prior to town meeting to 45 days. VOTED unanimously 2-2-3 (Publishing of warrant) Moved by Busby, 2Dd Burke stipulate that the warrant shall be posted in public places in each precinct rather than "at least ~ public places in the town" VOTED unanimously Chapter 8 ELECTIONS There was discussion about retaining the section on recall of elective officers, but no motion was made or vote taken. Ohapter 9 FINANCIAL PROVISIONS AND PROCEDURES 9-1-4 It was agreed to add the words "elected or appointed" so that the section would read: No member of the advisory board shall hold any other elected or appointed town office. 9-3-1 (Selectmen's action on the budget) It was agreed to add language to require the Selectmen to hold a public hearing similar to the procedure required of the school committee. Qhapter 10 PLANNING AND THE ENVIRONMENT Accepted as written North Andover Charter Commission Ninutes Thursday October 17, 1985 Page 2 Chapter 3 BOARD OF SELECTMEN 3-5-3 (Enabling the Selectmen to act as Board of Public Works) It was agreed to add language to indicate that the Selectmen could only act as a Board of Public Works if no such board exists and an existing or special law requires an action by a Board of Public Works. It was agreed to add language so'mewhere in Section 6 giving Selectmen the authority to continue appointing those offices, co~mmittees, etc. over which they have control. Chapter 4 THE TOWN MANAGER 4-8-1 (time allowed for Selectmen to fill TN vacancy) ~otion by Lafond, 2nd Norkeski to change 3 months to 6 months. VOTED unanimously Chapter 5 TOWN ADNINISTRATIVE ORGANIZATION Section 5 (dealing with Town Clerk) A motion was made by Larson, 2nd Demers to make the office of Town Clerk appointed rather than elected. Yes 5, No 2, i abstention VOTED Notion by Larson, 2nd Thompson that the s~pointment of town clerk be made by the town manager VOTED unanimously It was agreed that language will be added to 5-7-1 to make it parallel in structure to 5-6-1. C. hapter 3, cont. A motion by Busby, 2nd Tho'mpson to require an annual written evaluation of the Town Nanager's performance by the Board of Selectmen Yes 7, i abst. Chapter 6 E~.W. CTED TOWN BOARDS AND OFFICERS Accepted as written, with thedeletion of Section 4, the Town Clerk. Chapter 7 APPOINTED TOWN BOARDS It was agreed to add a section on the planning board, with a cross-reference to be added to Chapter 10 Chapter 11 TRANSITIONAL PROVISIONS 11-2-1 It was agreed to mention specifically those boards, etc. which the charter eliminated by design, e.g. the Board of Fire Engineers and the Personne~l Board. 11-6-1 (Public Works Dept. ) It was agreed that the Highway. Surveyor will be eligible for a si~milar rather than an equivalent portion in the public works department after his elected term expires. It was moved & seconded to accept the introduction to the preliminary report provided by the consultant° Yes 7, i abst, VOTED It was moved & seconded to accept the preliminary report with the above changes. VOTED unanimously The meeting adjouned at 10:24 ~ The commission was reconvened to correct~ov.e.rsight--the consultant will add appropriate language gzvlng the town manager authority to sign warrants for payment. Rj~itted, Clerk pro tem Ralph A. Barbagalto, Jr., Chairman Marry Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY September 17, 1985 The meeting was called to order at 7:12 p.m. Present: Barbagallo, Burke Busby, Demers, Lafond, Larson, Thompson, ConsuItant Booth. Excused: Currier, Morkeski. No minutes of the August 20, 1985 meeting were available. Minutes of meeting of September 10, 1985 were approved. Draft of chapter on Town Administrative Organization (Chap 6). NACC #24 Mr. Booth presented these additional articles which he felt reflected the expressed wishes of the ~ommission for flexibility and accountability in town administration. He suggested that the material could be incorporated into other chapters if it was more appropriate. It was agreed to postpone discussion of this chapter to the next meeting. lq~port of education subcommittee. Chair Lafond reported that the subcommittee had met and plans a slogan contest for North Andover school children, grades 3-12. The consultant did~see any legal reason to prevent spending commission funds for this purpose, but suggested weighing political considerations. It was moved by Lafond, 2nd Thompson to hold a contest. VOTED unanimously. Moved by Lafond, 2nd Burke to authorize subcommittee to spend no more than $250, excluding the prize. Yes 5, Abstain 2. VOTED~-- ::'~:~-~': ~:~:~'/~'.- ':' Chairman Barbagallo offered to donate $50 towards the cost of the contest. Continued discussion of draft of Chapter 5 The Town Manager. All sections were accepted as written unless otherwise noted. 5-6-1 (dealing with reorganization powers of Town Manager). Mr. Booth referred the commission to section 6-9-1 of the new chapter on Administrative reorganization and suggested that discussion of this section be postponed until the commission has a chance to study that paper. So moved by Burke, 2nd LarsonVOTED unanimously. 5-7-1 (Procedure for removal of Town Manager by Selectmen) Moved by Thompson, 2nd Burke to require Selectmen to adopt any resolution for removal in an open session, at a regular meeting. Yes 6. Abst. 1 VOTED 5-7-6 (Requiring a 3-2 vote of Selectmen for final removal of Town Manager) Moved by Lafond, 2nd Thompson to require a 4-1 vote. There was extensive discussion. It was felt by some that a 3-2 vote makes a Town Manager more responsive to the wishes of the policy-setting selectmen. The opposite view was that a 4-1 vote would give the Town Manager more security from capricious dismissal. Yes 2, No 5, motion defeated. 5-8-1 (Regarding procedure for filling vacancy of position of Town Manager) At the request of the commission, consultant will clarify language to make it more specific as to the vacancy andto repeat qualificationsfor position. North Andover Charter Commission Minutes Tuesday Sptember 17, 1985 Page 2 5-9-1 (Procedures for appointment of acting town manager) Moved by Burke, 2nd Thompson that acting town manager not be allowed to initiate administrative reorganization. VOTED unanimously. A motion was made by Larson, 2nd Demers to accept the entire chapter as amended. VOTED unanimously. Cbnsideration of draft of Chapter 2 TOWN MEETING. All sections were accepted as written unless otherwise noted. Moved by Demers, 2nd Busby to place consideration on the chapter on the table. VOTED unanimously. Mr. Lafond expressed the opinion that many of the sections in this chapter should more logically be by-laws than incorporated in the charter, since their inclusion limits the charter's flexibility. There was a motion by Burke, 2nd Thompson that it was the sense of the commissionthat it supported Mr. Lafond's suggestions. Yes 6, No 1 VOTED. 2-1-2 (Refers to October session of Annual Meeting) Motion by Lafond, 2nd Thompson to eliminate entire section. Yes 2, No 4, Abst. 1 motion defeated. 2-3-1 (Refers to time and date of Annual Meeting) Motion by Lafond, 2nd Demers to eliminate entire section. Yes 5, Abst 2 VOTED. 2-3-2 (Refers to October Annual Town Meeting) Motion by Lafond, 2nd Thompson to eliminate entire section. Yes 5, Abst. 2 VOTED. This vote also has the effect of eliminating section 2-1-2. 2-5-1 (Setting qu~m requirements) Motion by Lafond, 2nd Thompson to eliminate entire section. Yes 6, Abst. 1 ~)TEI3 2-5-2(Sets quorum requirements for special town meetings) Motion by Lafond, 2nd Thompson to eliminate entire section. Yes 6, Abst. 1 VOTED. 2-5-3 (Allows for chaklange of quorum) Motion by Lafond, 2nd Demers to eliminate entire section. Yes 5, No 2 VOTED. 2-6-1 (Moderator shall preside at all sessions of town meeting) Motion by Lafond, 2nd Demers to eliminate entire section. Yes 2, No 5 motion defeated. 2-6-2 (requiring use of Roberts Rules of Order at town meeting) Motion by Lafond, 2nd Thompson to eliminate entire section. VOTED unanimously. 2-6-3 (Rules of procedure of town meeting to be made available to voters) Motion by Burke, 2nd Demers to amend by requiring simp]ified rules of procedure to be included in advisory committee report. Yes 6, Abst. 1 VOTED. Motion by Lafond, 2nd Burke to eliminate entire section. Yes 1, No 6 motion defeated. 2-6-4 (All ad hoc committees of town meeting to be appointed by moderator unless otherwise providedfor in motion to establish such committees) Motion by Lafond, 2nd Demers to eliminate entire section. Yes 2, No 4, Abst. 1 Motion defeated. 2-?-3(Both Selectmen and advisory committee required to approve articles calling for appropriation of funds at special town meetings) It was agreed to include language making it clear that the two groups must separately approve. 2-8-1(Requiring planning board and advisory committee to issue recommendations on all articles involving planning, zoning etc.) Motion by Lafond, 2nd Burke to eliminate entire section. Yes 2, No 5 Motion defeated. 2-9-1 (Requiring 2/3 vote where articles do not receive necessary recommendations) After some discussion, motion by Thompson, 2nd Demers to el]minate entire section. Yes 5, Abst. 2 VOTED. North Andover Charter Commission Minutes Tuesday September 17, ]985 Page 3 2-10-1 (Dealing with reconsideration of action at town meetings) Motion by Lafond, 2nd Demers to eliminate entire section VOTED unanimously. 2-11-1 (Making attendance at town meetings by elected officials and department heads ~ompulsory) Motion by Demers, 2nd Thompson to eliminate entire section. Yes 6, Abst. I VOTED. 2-12-1 (AIl articles on the warrant must be acted upon) Motion by Demers, 2nd Lafond to eliminate entire section. Yes 5, No 1 VOTED. The commission will continue with discussion of Chapter 3, Board of Selectmen, at the next meeting. The meeting was adjourned at 10:20 p.m. Respectfully submitted Martha Larson, Clerk pro tern NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo. Jr.. Ckairman Marry Lurson. Vice Chairma~z Dennis L, Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES North Andover Charter Commission Tuesday, September 10, 1985 The meeting wascalled to order at 7:08 p.m. Present: Barbagallo, Burke, Busby, Demers, Lafond, Larson, Morkeski, Thompson, Consultant Booth.. Excused: Currier No minutes of the August 20, 1985 were available. Consultant Booth presented a revised progress report to the voters to be submitted to the press for approval by the commission. There was discussion on, he section which stated that it is the sense of the co~mission to allow elected officials to serve out their terms. A VOTE of 7 yes with i abstention confirmed that that is the sense of the co'mmission. The rest of the report was accepted as written. Report of the sub-committee on Charter education, given by chair Lafond. (see attached handout for outline of presentation) Mrs. Demers expressed interest in continued efforts to sponsor a logoTslogan contest. Mr. Booth suggested an essay contest. Mr. Barbagallo felt that the work of the committee should continue beyond the proposed late December cut-off date. The sense of the co'mmission was that the subcommittee should continue its efforts to educate voters about the substance of the charter until the ~arch election. It was so moved by Busby, seconded by Morkeski and VOTED unanimously. It was suggested that the chairmen of the town Democratic and Republican committees should be asked to be honorary co-chairs of the proposedCharter Promotion committee. It was moved by Lafond, 2nd Thompsonthat the people ~mentioned in the outline be approached to serve on the Charter Promotion committee. VOTED unanimously. All members of the commission present expressed willingness to speak to local groups on behalf of the charter. Mr. Morkeski wanted some idea of possible costs of the charter before addressing the public. Mr. Booth agreed to ~rovide some estimates when the charter reaches its final orm. North Andover Charter Commission Minutes Tuesday September 10, 1985 Page 2 Elected officials. A motion was made by Larson, 2nd Thompson to revise the proposed list of elected positions to include Selectmen, School Committee, Moderator and Housing Authority. After a short discussion, vote was taken: yes 3, no 4, abstention 1 motion defeated. Discussion of draft of Chapter 5 The Town ManaEer. All sections were accepted by the commission as written unless otherwise noted. Section 5-1-3 (Prohibiting anyone holding town office within the preceding 12 months from becoming town manager). A motion to eliminate the section by Demers, 2nd Tho~mpson: yes 4, no 4, motion failed to carry. Notion by Lafond, 2nd Morkeski to insert language stating that the clause will not apply to the appointment of the first town manager after adoption of the charter: yes 7, no 1 VOTED. Section 5-4-2 (Makingappointm~n~ of tho town manager subject to disapproval by majority vote of s~t~Ctm=n ~ithin 1~ days) Motion by Lafond, 2nd Mork~ski to r~quir~ unanimous vot~ of s~l~ctm~n: y~s 2, 6 no, motion d~f=at=d.. Motion by Thompson, 2nd Busby to r~quir~ positiv~ vot~ by 4 s~l~ctm~n: y~s 7, no 1 VOTED. Within section 4, for purposes of clarity, it was d~cid=d to combin~ s=ctions 5-4-1 and 5-4-2 and to r21ocato s~ction 5-4-3 to th~ b~ginning of s~ction 4. S~ction 5-6-1 (P~rmitting th~ towr~anag~r to r~organiz~ any positions under his direction but ?~quiring th~ approval of tho s~l=ctm~n, p~rsonn~l board and advisory for th=~.cr~ation of any n~w positi?ns) ~otion by Lafond, 2nd Burk~ to roquir= approval of 4 s=l~ctm~n, yos 1, no 6, motion d~f~at~d. Motion by Thompson, 2nd Lafond to d~f~r further discussion until next week's m~eting. UNANIMOUS VOTE. Pres=ntation of Chapters 2, 3 and 4 in draft form by Mr. Booth. These chapters and tho rest of Chapter 5 will be review=d by the commission n~xt w~ek. Th~ meeting was adjourned at 9:50 p.m. Respectfully submitted, Martha Lars on Clerk pro tem Charter Commission EdUcational Committee Sept. 10, 1985 A meeting was held on 8-27-85 of above named committee, with all members present. The following items were discussed and recommended subject to the approval of the Charter Con~nisston. Budget: 1.) AdJ Campaign - 5 full page ads! in N. A. Citizen $274.00/page $1370.00 2.) Direct mail promotion, permits, postage, & printing $1000,00 3.) Cable T.V.- Production costs $ 500.00 4°) Misc. Printing Exp. ~ 300.00 $3170.00 Agenda: Media 1.) School Program - Voted down. by School Con%mittee 2.) Ad, Campaign - Appx. Oct. 17 to Dec. 17 3.) Cable To V. -, To run With above ad~' campaign 4.~ Speaker Program - We are contacting various groups now and will speak upon availability 5.) Letter to Public Officials - after charter mostly formulated 6.) Mail Campaign - Not yet set but probably after charter approved by A. Sub Committee (Kathy) 1.) Is conducting ads research 2.) Has co-ordinated defeated school program 3.) Will co-ordinate mail program Publicity Sub Committee (Marty & Joe) 1.) Are compiling a list of all organizations in town and will contact about speaking engagements 2.) Investigating possibility of radio advertising 3.) Invoking assistance' of League of Women Voters for setting up afternoon teas or coffees for speaking Promotional Committee: Chairman #1 Dana Fisher #2 Brian Sullivan ~' Treas. Preston Hall ~ Pol. Dtr. Mark DtSalvo & Claire McCarthy Other areas Hiscussed~ 1.) Attempt to obtain a commitment from the Democratic, Republican, & League of Women Votersgroups in town 2.) Possibility of a poll at some point in time NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Ch(zirma~ Marry Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A, Busby Kathleen M, Demer$ Peter J. La~ond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, AUGUST 20, 1985 Chairman Barbagall0. called the meeting to order at 7 p.m. Members present: Barbagallo, Burke, Busby, Currieri Demers, Lafond, Larson, Morkeski, Thompson, consultant Dave Booth. From the general public: M. DiSalvo, J. Cronin, B. Moscola. Reporters from the Lawrence Eagle-Tribune and the North Andover Citizen. Minutes of the July 23rd & August 6th meetings were accepted as read. P. Lafond gave a subcommittee report as did K. Demers. Motion by J. Thompson and seconded by D. Currier to accept the report as progressive, so voted. Input from the general public: M. DiSalvo - allow Town Manager to recommend to the Board of Selectmen who would serve on policy boards. All other Town employees to be appointed without exception. Charter should allow Town Manager to enter into contracts, warrants etc. as the chief financial officer. Consultant Booth presented the Commission a revised timetable. Mr. Booth reviewed NACC #19 with Commission, also NACC #20. The Commission then voted on the items outlined in NACC #20. Item 1 - motion by J. Burke to have consultant draft language on administration. Voted unanimously. Item 2A - voted unanimously. Item 2B - voted unanimously. Item 2C - voted unanimously to redraft language. Item 2D - voted to accept as written, 6 affirmative, 2 negative. Item 2E - voted to accept as written, 8 affirmative, 1 abstain. Chairman Barbagallo called for a brief recess. Item 3 - voted unanimously. Item 4 - voted unanimously. Item 5 - voted unanimously. Minutes of North Andover Charter Commission Page 2. August 20, 1985 Item 6 - voted to accept as written, 8 affirmative, 1 abstain. Item 7 - voted unanimously to remain silent. Item 8 - voted unanimously. Item 9 - no action required Item 10 - voted unanimously Consultant Booth & Commission reviewed NACC # 18. Motion by J. Morkeski, second by D. Currier, to accept as amended: (1) redraft last sentence on page 2 and mention length of ballot. MotiOn voted unanimously. Motion by J. Burke, sec~d I~ Thompson, to have Town Manager appoint Planning Board. Voted unanimously. Motion by J. Burke, seconded by P. Busby to establish term of office for 5 members with overlapping terms. Voted unanimously. Motion by M. Larson, seconded by D. Currier, to discuss Chapter 5 of NACC #17 at the Sept. 10th meeting, voted unanimously. Review of the Commission's agenda by the chairman. There being no further business before the Commission, a motion was made to adjourn and the meeting adjourned at 9:40 p.m. Respectfully submitted, Dennis Currier, Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chui,'man Marry Larson, Vice Chairman Dennis L. Currier, Cle:'k Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, AUGUST 6, 1985 Chairman Barbagallo called the meeting to order at 7:00 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, Thompson, Consultant to the commission David Booth. From the general public: Mark DiSalvo. Under the commission%r~gular order of business, the commission voted to pay the bill from David Booth Research Associates of $2,500. Communications were read from the Chairman of the Board of Selectmen. Motion to refer letter back to the Board of Selectmen was so voted. Member J. Burke passed out the minutes of the July 9 meeting as temporary cIerk. Motion so voted to accept the minutes of 7/9/85. A sub-committee report by P. Lafond on alternatives in getting the charter accepted by the Town. Form two (2) committees,aneducational committee and a promotional committee. Questions from commission members on report. Motion by D. Currier, seconded by P. Busby, to accept report, was so voted. By commission action, P. Lafond Will chair the Educational Committee, K. Demers will be the media coordinator, and M. Larson and J. Morkeski will be the publicity coordinators. P. Busby made a motion~ seconded by M. Larson, that each commission member submit five (5) names for the promotional committee at the 8/20/85 meeting, so voted. Discussion on the charter between commission members including Cbnsultant Booth. Consultant Dave Booth - submitted NACC #17 to the commission a proposed Charter outline. Mr. Booth said the commission should decide tonight: 1) tentative approval of outline, 2) approval of numbering system, and 3) approval of Chapter I of outline. Motion by J. Morkeski, seconded by M. Larson, to accept proposed outline (#1), so voted. Motion by D. Currier to accept the # system, seconded by P. Busby, and so voted. Motion by J. Thompson, seconded by K. Demers, tom-draft Chapter I, Section 1-3-2, vote was 3 in the affirmative, 3 in the negative, the Chairman voted for the re-draft, motion so voted. Motion by J. Thompson, seconded by K. Demers, to re-draft Section 4. ! vote yes, 6 votes no. North Andover Charter Commission Minutes Tuesday, August 6, 1985 Page 2. On Section 5, motion by K. Demers, seconded by J. Thompson, to re-draft. I yes, 4 no. Motion by J. Burke, seconded by K. Demers, to go back and re-draft Section 1-2-1. 1 yes vote, 7 no votes. Commission voted unanimously to have Consultant Booth re-draft Section 1-3-2. Second report by DAB (NACC#16) submitted to the commission, "Completing the Executive Branch". Chairman Barbagallo asked commission members to review NACC #16 and the commission should take action on it at the 8/20/85 meeting. J. Burke asked DAB for a progress report on the legal based study. DAB - progressive. Consultant Booth will not submit a due report for the 8/20/85 meeting, but win submit Chapter 5 of the proposed Charter outline and re-drafts of Chapter I. D. Currier made a motion and so voted to thank Vice Chairman Larson for her efforts in chairing the commission's 7/9/85 meeting. There _being no further business before the commission, the meeting was adjourned at 9:15 p.m. Respectfully submitted, Dennis L. Currier, Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbaga[lo, Jr., Chairman Marry Larson, Vice Chairman Dennis L. Currier. Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, AUGUST 6, 1985 Chairman Barbagallo called the meeting to order at 7:00 p.m. Members present: BarbagaIlo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, Thompson, Consultant to the commission David Booth. From the general public: Mark DiSalvo. Under the commission~regular order of business, the commission voted to pay the bill from David Booth Research Associates of $2,500. Communications were read from the Chairman of the Board of Selectmen. Motion to refer letter back to the Board of Selectmen was so voted. Member J. Burke passed out the minutes of the July 9 meeting as temporary clerk. Motion so voted to accept the minutes of 7/9/85. A sub-committee report by P. Lafond on alternatives in getting the charter accepted by the Town. Form two (2) committees, au educational committee and a promotional committee. Questions from commission members on report. Motion by D. Currier, seconded by P. Busby, to accept report, was so voted. By commission action, P. Lafond will chair the Educational Committee, K. Demers will be the media coordinator, and M. Larson and J. Morkeski will be the publicity coordinators. P. Busby made a motion~ seconded by M. Larson, that each commission member submit five (5) names for the promotional committee at the 8/20/85 meeting, so voted. Discussion on the charter between commission members including Cbnsultant Booth. Consultant DaVe Booth -submitted NACC #17 to the commission a proposed Charter outline. Mr. Booth said the commission should decide tonight: 1) tentative approval of outline, 2) approval of numbering system, and 3) approval of Chapter I of outline. Motion by J. Morkeski, seconded by M. Larson, to accept proposed outline (#1), so voted. Motion by D. Currier to accept the # system, seconded by P. Busby, and so voted. Motion by J. Thompson, seconded by K. Demers, tom-draft Chapter I, Section 1-3-2, vote was 3 in the affirmative, 3 in the negative, the Chairman voted for the re-draft, motion so voted. Motion by J. Thompson, seconded by K. Demers, to re-draft Section 4. 1 vote yes, 6 votes no. l~orth ^adorer Charter Commission Minutes Tuesday, August 6, 1985 Page 2. On Section 5, motion by K. Demers, seconded by J. Thompson, to re-draft. 1 yes, 4 no. Motion by J. Burke, seconded by K. Demers, to go back and re-draft Section 1~2-1. 1 yes vote, 7 no votes. Commission voted unanimously to have Consultant Booth re-draft Section 1-3-2. Second report by DAB (NACC#16) submitted to the commission, "Completing the Executive Branch". Chairman Barbagallo asked commission members to review NACC #16 and the commission should take action on it at the 8/20/85 meeting. J. Burke asked DAB for a progress report on the legal based study. DAB - progressive. Consultant Booth will not submit a due report for the 8/20/85 meeting, but will submit Chapter 5 of the proposed Charter outline and re-drafts of Chapter I. D. Currier made a motion and so voted to thank Vice Chairman Larson for her efforts in chairing the commission's 7/9/85 meeting. There being no further business before the commission, the meeting was adjourned at 9:15 p.m. Respectfully submitted, Dennis L. Currier, Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01815 Ralph A. Barbagalio, Jr., Chairman Marry Larson, Vice Chairma~ Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, JULY 23, 1985 Vice Chairman Larson called the meeting to order at 7:00 p.m. Members present: Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, and Consultant David Booth. Members excused: Barbagallo, Thompson. From the general public: Mark DiSalvo. Comments from the general public: M. Disalvo distressed about the apparent direction the Charter Commission is going. Pleased with direction up to the Commission's July 9 meeting. North Andover very different than Andover. Mr. DiSalvo made presentation to the Commission with clusters of government, finance, public works, administration, planning and land use, community services, public safety. Chairman Larson stated by no means are the commissions decisions concrete. Mrs. Larson thanked M. DiSalvo for his support. Under regular order of business Consultant Booth presented report NACC#14, strategy for charter acceptance. Motion by J. Burke, seconded by K. Demers,to form a sub-committee as per NACC #14(3),so voted. Committee members to be M. Larson, K. Demers, and P. Lafond. Chairman of sub-committee to make report on August 6, 1985. Cbnsultant Booth suggested the Commission table decisions on executive organization. Next report by Mr. Booth was NACC #15. Mr. Booth went over NACC #15 and the following votes were taken, on item no. 1. MOtion by P. Busby, seconded by D. Currier, to accept and so voted, 4 votes~ in the affirmative. Item 2. Motion by J. Morkeski, seconded by P. Busb~ to accept, 6 votes in the affirmative, 1 vote in the negative. Item 3. Motion by J. Morkeski, seconded by J. Burke, to accept. Voted unanimously. Item 4. Motion by P. Lafond, seconded by D. Currier, to accept. Voted unanimously. Items 5 & 6. Motion by K. Demers, seconded by J. Morkeski, to combine items 5 & $ and to accept the combined items, so voted unanimously. Item 7. Motion by J. Burke, seconded by J. Morkeski, to accepi~.3 votes in the affirmative and 3 votes in the negative. Item 8. Motion to amend by P. Lafond and seconded by D. Currier to have temporary replacement to serve 90 da~and not to be eligible for appointment, so voted unanimously. North Andover Charter Commission Minutes Tuesday, July 23, 1985 Page 2. Item 9. No vote taken - consultant to submit more detailed outline of appointive powers. Item 10. Motion by K. Demers, seconded by P. Busby, to accept. Voted unanimously. Item 11. Motion by J. Morkeski, seconded by P. Busby, to accept. Voted unanimously. Item 12. Motion by K. Demers, seconded by P. Lafond, to accept. Voted unanimously. Item 13. Motion by J. Morkeski, seconded by P. Busby, to accept, so voted unanimously. Items 14 & 15. Motion by J. Morkeski, seconded by P. Busby, to accept. Voted unanimously Item 16. Motion by P. Busby, seconded by P. Lafond, to accept, so voted unanimously. Item 17. Motion by P. Busby, seconded by J. Morkeski, to accept. Voted unanimously. Item 18. Motion by P. Lafond, seconded by P. Busby, to have consultant prepare more complete language. Voted unanimously. Calendar for August meetings reviewed, the sub-committee will report, the consultant will submit a Charter outline. There being no further business before the commission, motion ~o adjourn was made and the meeting adjourned at 9:30 p.m. Respectfully submitted, D.,Currier and M. Larson NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr.. Chairma~ Marry Larson, Vice Chairman Dennis L, Currier, Clerk Committee Members James C. Burke Philip A. Bushy Kathleen M. Demers Peter J, Lafond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOVER CHARTER COMMISSION TUESDAY, AUGUST 6, 1985 Chairman Barbagallo called the meeting to order at 7:00 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, Thompson, Consultant to the commission David Booth. From the general public: Mark DiSalvo. Under the commission%regular order of business, the commission voted to pay the bi]] from David Booth Research Associates of $2,500. Communications were read from the Chairman of the Board of Selectmen. Motion to refer letter back to the Board of Selectmen was so voted. Member J. Burke passed out the minutes of the July 9 meeting as temporary clerk. Motion so voted to accept the minutes of 7/9/85. A sub-committee report by P. Lafond on alternatives in getting the charter accepted by the Town. Form two (2) committees, a~educational committee and a promotional committee. Questions from commission members on report. Motion by D. Currier, seconded by P. Busby, to accept report, was so voted. By commission action, P. Lafond will chair the Educational Committee, K. Demers will be the media coordinator, and M. Larson and J. Morkeski will be the publicity coordinators. P. Busby made a motion, seconded by M. Larson, that each commission member submit five (5) names for the promotional committee at the 8/20/85 meeting, so voted. Discussion on the charter between commission members including Cbnsultant Booth. Consultant Dave Booth - submitted NACC #17 to the commission a proposed Charter outline. Mr. Booth said the commission should decide tonight: 1) tentative approval of outline, 2) approval of numbering system, and 3) approval of Chapter I of outline. Motion by J. Morkeski, seconded by M. Larson, to accept proposed outline (#1), so voted. Motion by D. Currier to accept the # system, seconded by P. Busby, and so voted. Motion by J. Thompson, seconded by K. Demers, tom-draft Chapter I, Section 1-3-2, vote was 3 in the affirmative, 3 in the negative, the Chairman voted for the re-draft, motion so voted. Motion by J. Thompson, seconded by K. Demers, to re-draft Section 4. 1 vote yes, 6 votes no. North Andover Charter Commission Minutes Tuesday, August 6, 1985 Page 2. On Section 5, motion by K. Demers, seconded by J. Thompson, to re-draft. 1 yes, 4 no. Motion by J. Burke, seconded by K. Demers, to go back and re-draft Section 1-2-1. 1 yes vote, 7 no votes. Commission voted unanimously to have Consultant Booth re-draft Section 1-3-2. Second report by DAB (NACC#16) submitted to the commission, "Completing the Executive Branch". Chairman Barbagallo asked commission members to review NACC #16 and the commission should take action on it at the 8/20/85 meeting. J. Burke asked DAB for a progress report on the legal based study. DAB - progressive. Consultant Booth will not submit a due report for the 8/20/85 meeting, but will submit Chapter 5 of the proposed Charter outline and re-drafts of Chapter I. D. Currier made a motion and so voted to thank Vice Chairman Larson for her efforts in chairing the commission's 7/9/85 meeting. There being no further business before the commission, the meeting was adjourned at 9:15 p.m. Respectfully submitted, Dennis L. Currier, Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barba§allo, Jr., Chairman Marty Larson, Vice C~i~man Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES NORTH ANDOYER CHARTER COMMISSION TUESDAY, JULY 23, 1985 Vice Chairman Larson called the meeting to order at 7:00 p.m. Members present: Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, and Consultant David Booth. Members excused: Barbagallo, Thompson. From the general public: Mark DiSalvo. Comments from the general public: M. Disalvo distressed about the apparent direction the Charter Commission is going. Pleased with direction up to the Commission's July 9 meeting. North Andover very different than Andover. Mr. DiSalvo made presentation to the Commission with clusters of government, finance, public works, administration, planning and land use, community services, public safety. Chairman Larson stated by no means are the commissions decisions concrete. Mrs. Larson thanked M. D/Salvo for his support. Under regular order of business Consultant Booth presented report NACC#14, strategy for charter acceptance. Motion by J. Burke, seconded by K. Demers,to form a sub-committee as per NACC #14(3),so voted. Committee members to be M. Larson, K. Demers, and P. Lafond. Chairman of sub-committee to make report on August 6, 1985. C~nsultant Booth suggested the Commissimtable decisions on executive organizatic~. Next report by Mr. Booth was NACC #15. Mr. Booth went over NACC #15 and the following votes were taken, on item no. 1. MOtion by P. Busby, seconded by D. Currier, to accept and so voted, 4 votes! in the affirmative. Item 2. Motion by J. Morkeski, seconded by P. Busb~ to accept~ 6 votes in the affirmative, 1 vote in the negative. Item 3. Motion by J. Morkeski, seconded by J. Burke, to accept. Voted unanimously. Item 4. Motion by P. Lafond, seconded by D. Currier, to accept. Voted unanimously. Items 5 & 6. Motion by K. Demers, seconded by J. Morkeski, to combine items 5 & 6 and to accept the combined items, so voted unanimousIy. Item 7. Motion by J. Burke, seconded by J. Morkeski, to accepi~ 3 votes in the affirmative and 3 votes in the negative. Item 8. Motion to amend by P. Lafond and seconded by D. Currier to have temporary replacement to serve 90 d~/~and not to be eligible for appointment, so voted unanimously. North Andover Charter Commission Minutes Tuesday, July 23, 1985 Page 2. Item 9. Item 10. Item 11. Item 12. No vote taken - consultant to submit more detailed outline of appointive powers. Motion by I(. Demers, seconded by P. Busby, to accept. Voted unanimously. Motion by J. Morkeski, seconded by P. Busby, to accept. Voted unanimously. Motion by K. Demers, seconded by P. Lafond, to accept. Voted unanimously. Item 13. Motion by J. Morkeski, seconded by P. Busby, to accept, so voted unanimously. Items 14 & 15. Motion by J. Morkeski, seconded by P. Busby, to accept. Voted unanimously Item 16. Motion by P. Busby, seconded by P. Lafond, to accept, so voted unanimously. Item 17. Motion by P. Busby, seconded by J. Morkeski, to accept. Voted unanimously. Item 18. Motion by P. Lafond, seconded by P. Busby, to have consultant prepare more complete language. Voted unanimously. Calendar for August meetings reviewed, the sub-committee win report, the consultant will submit a Charter outline. There being no further business before the commission, motion ~D adjourn was made and the meeting adjourned at 9:30 p.m. Respectfully submitted, D.~Currier and M. Larson NORTH ANDOVER CHARTER COMMISSION Minutes of May 28, 1985 Mtg. Chairman Barbagallo called the meeting to order promptly at 7:00 p.m. Members present: Barbagallo, Burke, Currier, DEmers, Lafond, Larson, Morkeski, Thompson, and Consultant Dave Booth. Excused members: Busby. Motion by P.Lafond, seconded by M.Larson to pay the consultant $2,500 as per contract with the Commission, so voted. Consultant Booth presented a revised timetable for the Commission (NACC~iO). Motion by M.Larson, seconded by P.Lafond to accept NACC#10 was made and so voted. Consultant Booth will abstract and summarize former town studies for the Commission. Motion by P.Lafond, seconded by J.Burke to have Mr. Booth prepare a study of Andover's Charter and government, so voted. On the Commission's June 25th pulbic hearing, the Chairma instructed the clerk to contact Channel 25 regarding the taping of the public hearing. M.Larson gave a brief report on her sub-committee on the questionaire from town meeting. Motion by J.Thompson, seconded by M.Larson to have the Chairman give these results in a press release, so voted on a hand vote 6 in the affirmative and 1 in the negative. Motion by K.Demers, seconded by J.Thompson to table proxy votes by Commission members, so voted. Motion by P.Lafond, seconded by K.Demers to have the commission make key decisions in legislative alternatives at the June 4th meeting. Motion to suspend regular order of buisness at 8:00 p.m. to hear invited town officials. Conservation Commission - Mr. Vicens, Fink. Limited efforts to work in and around wetlands. No long term plans for town land being formulated. Lack of staff, cooperation between town boards. No referral from Building Inspector to Conservation Commission. Conservation Commission assistant will have no decision making powers. Commission has power to stop construction in wetland areas. Commission jurisdiction within 100 feet of a wetland. Commission used to get a copy of every building permit, but with so much construction now, can't get around to individual homes. Board of Health Gayton Osgood gave an overview of the Board of Health's function. Most effort and monies on septic systems, a big probme in town. Board does not have staff to check on existing systems. Other areas - social services, restaurants, stores that handle food. Housing- state sanitory code - investigate complaints - problems with public and semi-public swimming pools and ponds. Check to see if safety equipment is in place. State health laws - board deals with many complaints. Board of Health deferred and reorganization until the Charter Commission makes its finginds. Not much interest in the election of members to the Board of Health. A full public health officer, Chairman Barbagallo thanked all town officials and requested any additional input to be submitted in writing to the Commission. Comments from general public: Mr. Henry Fink - good comments tonite from invited group. This group controls the building in town. Someone to take care of the housekeeping and to tie all the ends of town government together. There being no further business before the Commission, a motion was made to adjourn at 9:55 Respectfully submitted, Dennis L. Currier NORTH ANDOVER CHARTER COMMISSION Minutes of Tuesday, May 21, 1985 Selectmen's Meeting Room, Town Hall Chairman Barbagallo called the meeting to order at 7:07 p.m. Members present: Barbagalio, Burke, Demers, Lafond, Larson, Morkeski, Thompson, Consultant Booth; Excused members: Busby, Currier. Motion by J.Burke, second by K. Demers to waive the reading of the minutes of the May 14th until next was so voted. Motion by J. Burke, second by Morkeski to postpone until next week sub-committee report on Commission's questionaire from town meeting, so voted. Motion to suspend regular order of buinsess to hear invited town officials. Town Moderator John P. Cronin, Esq. Strong support for open town meeting by townspeople. The people want to have some say. People should bemaintained as the legislative branch. Townspeople want the executive branch changed. Motion to postpone consultant's report on different forms of town government by K.Demers and seconded by P.Lafond and so voted. Superintendent of Rublic Works Joseph Borgesi. There are now three separate public works departments, better served with an overall director of public works - unclear separation of duties. Each depart- ment makes its own of inspections on construction in Town. School grounds maintained by Public Works department - plowing of school driveways by Highway ~partment, there- fore, who pays for plow damage? Recommend 3 departments under one appointed board - administrator of water & sewer. Highway Surveyor Bud Cyr. Content as things are elected position - ability to run my department as I see fit. Could not function efficiently a director/superintendent of public works, town manager, selectmen or otherwise. Tree Warden Leo Lafond. Tree Department should have charge of parks and playgrounds. needs to have a focal point in the Town. The Town The Commission went back to the regular order of business to hear report on legislative alternatives by co~ission consultant Dave Booth. Personnel Board Major problems, labor contracts overide personnel board, personnel board a catch-all board. No jurisdiction of Civil Service. Personnel responsibilities - 17 managerial part time and seasonal employees are under personnel bylaw. Town should have its own listing and civil servic~ type system. Chairman Barbagallo thanked town officials for their appearance before the Commission. Motion by K.Demer$ seconded by Thompson to make key decisions on legislative alternatives on June llth, so moved. Comments from general public: Mr. Schena - keep open town meeting. Mr. Fink - keep open town meeting -Minutes of May 21, 1985 Vote entire warrant as recommended by Advisory Board - request discussion on certain issues. Mark DiSalvo - keep open town meeting as a legislative alternative. Mr. Noble - Consolidate budget items & retain open town meeting. Motion by J. Burke to invite the Building Inspector to the Commission's May 28th meeting at 7:15 p.m. So moved. There being no further business before the Commission, a motion was made to mdjourn, and the meeting adjourned at 10:05 p.m. Respectfully submitted, James Burke Temporary Clerk Chairman Barbagallo called the meeting to order at 7:05 p.m. Members present: Barbagallo, Burke, Demers, Larson, Lafond, Morkeski. Excused members: Busby, Currier, Thompson. Minutes of the previous meeting were accepted as read. M. Larson reported on former town officials the Commission may want to invite and a motion by K. Demers and seconded by J. Morkeski for the clerk to draft a letter of invitation to former town officials to the next public hearing was so voted. Motion by J. Morkeski to hold next public hearing at 7:30 p.m. on June 25, 1985 at the Atkinson School, seconded by K. Demers and so voted. Motion to appoint J. Burke temporary clerk, by M.Larson, seconded by K. Demers and so voted. Motion by P.Lafond, seconded by M.Larson to place ads in Eagle Tribune week of June 3rd,not to exceed $100 and the night before in the N.A. Citizen not to exceed $25. Motion to voted. General discussion by Commission on Mr. Booth's report and analysis of North Andover ByLaws. Motion by M.Larson seconded by K. Demers to retain Rowna Verna of 28 Harkaway Road to take notes at the public hearing on June 25th at the hourly rate of $8, inclusive of copies. Motion so voted. Correspondence from Selectmen's Executive Secretary accepted and the clerk to make copies. Motion to suspend regular order of business at 7:32 p.m. to hear invited town officials. Board of Assessors - Ted Phelan Mr. Phelan explained his role as Assessor - set tax rate, betterments, water & sewer, act as bankers, record keeping, all deeds and transfers, keep maps and land parcels of the Town. The State checks sale price versus assessed value of property. Maintain book of property owners, real estate excise tax, personal property. Correspondence to the State. Assessed value new construction - 400-500 building permits as of Jmnuary 1, 1985 and review permits throughout the year. Problems from excessive development increases Assessor's work load. Figures come from th~ Town Accountant, Assessors set the tax rate. Revenue sources not under the Assessors' control - such as water/ sewer receipts. The Chairman thanked Mr. Phelan for his appearance before the Commission. There being no further business before the Commission, the meeting adjourned at 8:20 P.M. Respectfully submitted, James Burke Temporary Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chair'man Marry Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C, Burke Philip A. Bushy Kathleeu M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES OF THE CHARTER COMMISSION TUESDAY, MAY 7, 1985, S~r.F-CTg~'S N~"FING ROOM, 7:00 P.M. Chairman Barbagallo called the meeting to order at 7:10 p.m. Members present: Barbagallo, Burke, Currier, Demers, Larson, Lafond, Morkeski, Consultant Dave Booth. Excused member: Thompson. From the general public: Mark DiSalvo. The minutes of the previous meeting were accepted as read. Commission chairman presented some minor changes in the Commission's schedule pertaining to the meeting with Town officials. Motion by M. Larson, seconded by K. Demers, to invite former Town officials to appear before the Commission, was so voted. Subcommittee formed to analyze and quantify the Commission's questionnaire. Members of this committee, Larson, Lafond, Demers, and Thompson. Results to be available for the May 21st meeting. Consultant Booth made document NACC~8 available to the commission. Contract with Consultant Booth signed by the Commission members present. Regular order of business suspended at 7:40 p.m. to hear input from members of the Advisory Board. Members of the Advisory Board were: Dan Griffin, John Whipple, M. Leafy, and Bob Eucolini. Comments from the Advisory Board: Difficult to pin down true cost of running Town before Town Meeting due to incomplete revenue figures. Problems with Board being part-time. Town needs a full-time financial officer to review the various departmental budgets and expenditures. Town audits are incomplete and not done on a quarterly basis. No formal financial system in place. No one dealing with the financial problems of the Town. There should be someone with true financial expertise working for the Town. Departmental budgets should be reviewed on a regular basis. The Town should hire professional people for cash management of the Town. Board favors representative Town Meeting. More cooperation between department heads on their budgets with Advisory Board. Charter Commission -2- May 7, 1985 Commission took a brief recess. Selectmen's Executive Secretary Keith Bergman appeared next before the commission. Mr. Bergman: Gave an overview of his duties and responsibilities as Executive Secetary such as preparing the weekly agenda for the Selectmen's meeting, the Town warrant, developing cooperation between the various Town departments. Also plays a role in the collective bargaining process. Mr. Bergman to submit his job description to the commission. Large portion of his time is trying to convince department heads they should do certain things, rather than just telling them. Need for financial organization with one person responsible for the function. Code inforcement and development and centralization of authority. Town Counsel Ralph Joyce appeared next. Mr. Joyce gave a brief history of his envolvement with the Town. He sees many frustrations such as Town boards exceeding their scope of authority. These boards dealing and making decisions they are not qualified to deal in. Boards are ignoring products of the law and the results is the Town Counsel litigating many lawsuits against the Town. Town Counsel should spend more time on advising Town officials rather than being in litigation. Need to define the function of Town Counsel. Favors the present selection of TOWn C~t~sel. Public officials and Town employees ar~~ by statute from certazn acts, tnsurance coverage for this zs lnA~~ the present time. No employment contract for Town Counsel, yearly election by department heads for his position. Favors present form of Town Meeting. Chairman Barbagallo thanked all Town officials for their attendance before the commission. Motion by K. Demers and seconded by P. Lafond to have a sign-out sheet in the commission's office for any charter documents, so voted. Next weeks meeting to start at 7:00 p.m. There being no further business before the commission, a motion to adjourn was made and so voted, and the meeting adjourned at 10:02 p.m. Respectfully subm, itte.d, Dennis L. Currier Clerk DLC/kar TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Ckairman Marty Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson Minutes of the Charter Commission Tuesday, April 16, 1985, Town Hall Chairman Barbagallo called the meeting to order promptly at 7:25 p,m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, Thompson~ Commission consultant D.Booth. General public: M.DiSalvo, B. Mascola, J. Lafond. Minutes of the previous meeting accepted as read. Motion by P.Busby and seconded by K. Demers to pay Commission bill of $21 to the North Andover Citizen was so voted. The Clerk read correspondence he had forwarde~to: Board of Selectmen, Town Clerk and Town Moderator. J. Thompson presented the Commission with a:survey and questionairre of Town Boards and officials conducted in 1980. Discussion ensued on this with consultant Booth. Chairman Barbagallo asked the Commission how it felt on: 1) questionairre, and 2) Personal interviews with town officidls. Motion by J.Thompson, seconded by P.Busby to structure questionairre and this to be sent to every town official. Discussion on motion. Motion amended by J.Thompson to have town officals bring to the Commission any and all studies that have been done within the last 5 years of their departments. Motion so voted. Motion by P.Lafond, seconded by J. Thompson on time limits for each official: 5 minutes for presentation, 15 minutes for questions to be expanded to 30 minutes if needed. Discussion on motion. Motion was so voted. Consultant Booth stated to the Chairman that the Commission should establish a procedure for handling motions for the future. Motion by J.Thompson, seconded by P.Lafond to set a time schedule for next week's meeting with town officials. 1 hours for the Board of Selectmen, 20 minutes for Town Clerk and Town Moderator. Motion so voted. Consultant Booth presented his revised questionairre to the Commission. Motion by D.Currier, seconded by J.Thompson to accept the amended questionairre was made and so voted. Discusi6n by Commission with Consultant Booth in a questionairre to be distributed at town meeting. Motion made by J.Thompson, seconded by P.Lafond to have consultant prepare a questionalrre and to produce 750 copies for the Commission. Motion so voted. ~,arter Con~ission April 16, 1985 Discussion by Chairman Barbagallo on a schedule for the next group of town officials to appear before the Commission. Motion by J.Burke, seconded by K.Demera to have the Advisory Board, Town Counsel and Executive Secretary attend the May 7th meeting and to start the meeting at 7 p.m. For the May 14th meeting, Town Accountant, Town Treasurer, Board of Assessors, and the Capital Budget Outlay Committee with the.following time frames: Accountant at 7:20 p.m. Treasurer at 7:40 p.m. Assessors at 8:00 p.m. Capital Outlay at 8:30 p.m. Motion so voted. Under unfinished business J. Thompson made a motion, seconded by P.Busby to set up a sub committee to study the first~reas of the so-called Burke report. Questions on the motion,'motion amended by K.Demers to include 6 areas - Council on Aging and Recreation Council. Vote on the motion: 3 in the affirmative and 4 in the negative, motion defeated. Chairman Barbagallo recognized members of the general public. Jim Lafond had a question on'the t~e limits the Co~mission was proposing for town officials. Discussion ensued. Chairman~arbagallo stated his subcommittee would meet with consultant Booth right after the meeting to work out a tentative contract for consultant Booth. There being no further business before the Commission, a motion was made to adjourn and the meeting adjourned at 9:00 p.m. Respectfully submitted, Dennis L. Currier Clerk ANDOVER CHARTER STUDY COMMISSION NORTH TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chairman Marty Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES OF PUBLIC HEARING CHARTER COMMISSION, TUESDAY, APRIL 9, ~1985 ATK1NSON SCHOOL Chairman Barbagallo called the hearing to order at 7:35 p.m. Thanking those in attendance for coming, the Chairman recognized the following Town officials: Selectman Chairman Christine Smith and Selectman John Graham. School Committee: Mark DiSalvo, Diane Batal, and Bob Mascola. The Chairman introduced the Commission members and Consultant David Booth. Chairman Barbagallo gave a brief history Of the Charter Commission and asked for townspeople'ssupport for the Selectmen's aFticle to fund the Charter Commission at Town Meeting on April 27. / Speakers who addressed the Commission: Barbara Hedstrom for the League of Women Voters read their position detailing various duties and responsibilities of Town officials, the budget process, and home rule. (~hristine Smith, Board of Selectmen, stated problems the Selectmen have with jurisdiction unless it is under Town Bylaws, they are powerless to act. They can only suggest remedies to solve the problems. She stated most citizens' are unaware of this. Jack Lindon: Concerned with growth of the Town and development. He presented the chair with two reports: 1) Land use and departments that designate the use, commissioned by the Selectmen in 1980. 2 ) Harvard report - unsoliated - zoning and watershed land use. On types of government, he asked the Commission to study representative Town government. Mark Henry proposed a 3 year to 5 year plan for the Commission to stay in existance to monitor changes in Town government. In the past, Charter Commissiors have not followed this. Citizen involvement is what makes this system work. People to come forward and contribute their time to the Town. He:would be available to the Commission's consultant on the Town's budgetary process. Would like the charter to be a flexible document, not to be cast in concrete. Don't ask for the whole pie at once. Response to the time frame of the.Commission as by statute was presented by Consultant Dave Booth -informing Mr. Henry that within 30 days of the Commission's final report it is required to disband. Mr. Daniel Griffin asked what laws are specific as to what Town officials are elected and those that are appointed. Consultant Booth stated by statute the Board of Selectmen and School Committee have to be elected. He stated the 1966 home rule amendment is for real and has been a delightful change for local governments. Charter Commission -2- Tuesday, April 9, 1985 Bob Mascola: He stated he senses a predisposition on the part of the Commission for a Town Manager and representative Town government. The Commission's starting point should be the Town's bylaws and departmental services. Services that are working leave alone. The charter should be a general document, not to address specific issues. Make small changes, ones that will sell to the community, smaller rather than bigger is the best way. Selectman John Graham: To consultant Booth, "Is the Commission:schedule too ambitious?" Consultant Dave Booth responded that the home rule amendment for charters is a one-year cycle for towns and a two-year cycle for cities. Most all charters commissions have completed their work in these time frames. The North Andover Charter Commission's time table is not over ambitious. Selectmen Graham expressed his desire for the Commission to present some- thing that will be lasting. Bob Mascola: Is the Commission going to buy a package from the consultant that includes a legal based study. Response from the Chairman, "Yes, subject to funding from the Town at Town Meeting". Selectmen Ramsey Bahrawy wholeheartly supports the Commision; will assist in any way he can. He stated that the Town's authority is horizontal instead of vertical. Accountability is important. Elected officials are accountable only to the voters. Jack Lindon, Does the Commision's final report have alternatives which the voters .could vote on?" Consultant Booth, "The voters vote on the charter. Amendments are then voted to this charter at later Town Meetings. Fire Chief William Dolan, "Biggest problem in Town is to establish some sort of general communications between the various Town departments. As for Town Meetings go, interests of long-time residents and new residents of the Town have to be taken into consideration where departments provide services." Gayton Osgood, "Charter should establish responsibilities of the Town departments; do departments have enough staff to function as they are required to do by state law (Health Department)? Town currently lacks this authority to properly staff departments." There being no further comments, Chairman Barbagallo adjourned the public hearing at 8:55 p.m. Respectfully submitted, Dennis Currier CIerk DC/kar NORTH A NDOVER CHARTER STUDY COMMISSION Ralph A. Barbagallo, Jr., Chairman Marty Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby. Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 MINUTES OF THE CHARTER COMMISSION TUESDAY, APRIL 9s 1985s ATKINSON SCHOOL RECDVED BOARO OF SELECTMEN Chairman Barbargallo called the meeting to order at 6:35 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski and Thompson. Commission Consultant David Booth. From the general public, Mark DiSalvo. Minutes of the previous meeting were accepted as read with exception by P. Lafond that on his Committee report not all defeated Charter Study Commission candidates were willing to serve on sub-committees of the Charter Commission. Motion made to pay $106 to DBL Commercial Printing made by J. Thompson -~nd seconded by J. Burke and voted unanimously by the Commission members. Chairman Barbagallo made several announcements to the Commission: 1) he had made a taped interview with Channel 25 to air on Thursday, April 11; 2) John Robinson of Channel 25 was ill and therefore unable to tape tonights public hearing; 3) the scheduled meeting on April 16 with the Board of Selectmen and Advisory Board will have to be rescheduled do to prior commitments of both boards. Chairman Barbagallo went over briefly the procedure for the public hearing at ?:30 p.m. Review of Consultant Booth's questionnaire and timetable (NACC 1, 2, 3). Motion by D. Currier and seconded by J. Thompson to accept Mr. Booth's timetable as amended was so voted by all Commission members. On the questionnaire questions 1 & 2, O.K. Question 3 strike the words "too numerous". On question 4, Mr. Booth to rephrase and explain "Executive Secretary". Motion by D. Chrrier and seconded by J. Morkeski to accept the amended questionnaire was made and so voted. Consultant Booth went over the possible questions the Commission could use in its interviewing process stating question #10 may be very useful. Motion made by J. Thompson and seconded by K. Demers to accept Mr. Booth's questions for interviews and so voted by all Commission members. Mr. Booth suggested to the Chair that the Commission invite the Board of Selectmen, Town Moderator, and Town Clerk to its April 23 meeting at the Senior citizens Center. Motion by K. Demers and seconded by J. Burke and so voted. There being no further business before the Commission, a motion was made to adjourn, and the meeting adjourned at 7:25 p.m. _ R~espectfulj. y su~,mit~ed by,_ Dennis L. Currier, Clerk NORTH ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chairman Marty Larson, Vice Chairmaa Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES OF CHARTER COMMIS~ION TUESDAY, APRIL 2, 1985 SELECTMEN'S MEETING ROOM, TOWN HALL Chairman Barbagallo called the meeting to order promptly at 7:30 p.m. Members present: Barbagallo, Burke, Busby, Currier, Lafond, Larson, Thompson. Excused members: Demers, Morkeski From the general public: Mark DiSalvo Minutes of the previous meeting were accepted as read. Bills of the Commission were voted to be paid - 1) North Andover Citizen $42.00 2) Dennis Currier, Clerk, office supplies $18.42, fora total of $60.42. Committee Reports: Marty Larson gave a sub-comm~tee report on the Commission's proposed budget. Marty stated that she and Kathy Demurs had met with the Advisory Board on the proposed budget. There seemed to be some concern over the printing cost item but overall the Advisory Board was very interested and supportive of the Charter Commission. Marty thanked members Barbargallo, Demers, and Lafond for their help on her sub-committee. Motion made and so voted by Dennis Currier thanking Marty and committee for putting the budget together on such short notice. Peter Lafond made a report on his contact with the'defeated Charter Study candidates and how they all expressed a willingness t(~ serve on sub-committees of the Commission. Chairman Barbagallo introduced Mr. David Booth the Commission's choice of consultant. The Chairman said a sub-committee of himself, J. Burke, and D. Currier wi]] meet with Mr. Booth to work out a fee payment schedule until the Commission's warrant article received funding from Town Meeting. Mr. Booth thanked the Commission for his selection as our consultant. Mr. Booth said it was his policy to work thru the Chairman. He said he liked the desire the Commission has and that he would like to move ahead at this meeting and the public hearing next week. Mr. Booth laid out some of the goals the Commission should undertake. First priority is to get the interest of the public. The first 15 minutes of the Commission's meeting should be made available for citizen participation. The local press should be notified and attend the Commission's meetings. Development of press releases by the consultant, keep the work of the Commission before the public. On Town Officials,one solution would be to invite them to a meeting scheduled at 20 minute intervals. Second, develop a formal questionnaire submitted individually thru the Town inter- department mail, and to require the questionnaire to be returned to the Commission. The data from this questionnaire to be given to the consultant for evaluation. Minutes of Charter Commission -2- Tuesday, April 2, 1985 Ground rules for the public hearing was the next order of business. Comment by Mr. Booth - Commission's idea of a sign-in log is excellent. There is a probability most people will not want to speak. The Commission should recognize elected officials - both state and local who attend. Let everyone speak once. The Commission should regard the public hearing as a blotting situation absorbing as much input as possible. Mr. Booth asked how the minutes of the public hearing were to be recorded. Chairman Barbagallo stated at this point in time the Commission's clerk would record the minutes. No tice of the public hearing should be in newspapers, radio, etc.' Interested groups should be contacted such as those who get the question of a charter change on the ballot. Mr. Booth, on the technique for questioning Town officials,a 4 or 5 page document they could fib out and return to the Commission, another approach would be to develop 3 or 4 basic questions and keying in 3 or 4 items. Also, to form 3 members sub-committee to interview these officials. This is a very positive approach. Mr. Booth stated he could draft a simple questionnaire which the Commission could approve. Mr. Booth will submit a schedule/timetable to the Chairman. Question to Mr. Booth from citizens attending the Commission's meeting - Mark DiSalvo, 'ri'ne Cbmmission seems to be having a hard time developing a P. R. program and the public wants change, but not public officials, shouldn't certain things be done by the Commission to focus in on the issues?" Mr. Booth, "The best way to deal with public officials is by personal interview with a time limit of perhaps 20 minutes, if a longer time period is used, the Commission becomes weary by the~ime the llth or 12th official is interviewed. Chairmar{ Barbagallo asked Mr. Booth of the approximate cost in preparing a timetable for the Commission, and Mr. Booth produced to the Commission his fee schedule prior to signing a formal contract with the Commission. A motion made by J. Burke and seconded by P. Busby to have Mr. Booth prepare a schedule/timetable for the Commission and so voted. On a motion by J. Thompson and seconded by P. Busby to also have the consultant draft 2 questionnaires 1) for Town officials and, 2) for the citizens of the Town, so voted. Mr. Booih suggested to the Chairman, that in two weeks hence, the Commission should invite the Board bf Selectmen and Advisory Board to its meeting (April 16). Motion made by J. Thompson and seconded by P. Lafond to have the Selectmen appear at 7:00 p.m. and the Advisory Board at 8:00 p.m. and to hold the meeting in the Senior Citizens Building. Member J. Burke made a brief report on the grouping of Town Officials and Jim presented the Commission with handouts. A motion by D. Currier and seconded by P. Lafond to accept J. Burke's report as progressive, was made and so voted. Discussion from members on sub-committees, their purpose and scope at this time. Mr. Booth commented that perhaps at this time the Commission should take a low profile approach to sub- committees. Motion made by J. Burke and seconded by J. Thompson to have the Commission meet 1 hour earlier next week, April 9th, was so voted. On a motion made by J. Thompson and seconded by J. Burke to have a secretary present at the public hearing on April 9th. The Commission voted in the affirmative. Motion made by M. Larson and seconded by P. Lafond to place an ad for the public hearing in the Lawrence Eagle-Tribune. Discussion on the motion, not to exceed $100, so voted. Minutes of Charter Commission -2- Tuesday, Al:)ril 2, 1985 Mr. Booth stated to the Chairman that it seems the Commission had accomplished all that it was going to tonight. A motion was made to adjourn and the meeting adjourned at 9:50 p.m. .~.,_Respect fully submitted, Dennis L. Currier Clerk DLC/kar NORTH .ANDOVER CHARTER STUDY COMMISSION TOWN HALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chairman Marry Larson, Vice Chairman Dennis L. Currier, Clerk Committee Members James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John P. Thompson Minutes of the Charter Study Commission Tuesday, March 26, 1985, Atkinson School Chairman Barbagallo called the meeting to order promptly at 7:30 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Morkeski, Thompson. Chairman Barbagallo proceeded with the regular order of business: The minutes of the previous meeting were accepted as read. Communications were read by/the clerk from: 1. Mr. Robert O'Hare - d0nsultant 2. Mass. Municipal Associates 3. Mr. Michael Curran ~ cnnsultant These communications were voted to be placed on file and so voted. The Chairman read his proposed draft to the town officials. Motion by J.Burke and seconded by P.L~fond to send letter ad drafted and so voted. Under Committee Reports: P.Lafond has made contact with the defeated Charter Study candidates and they have indicated a willingness to serve on subcommittees. J.Burke has made a major grouping of town officials and the Commission voted to hold these until the consultant is on board. P.Busby reported on his efforts to contact Ms. Susan Solomoff of Natech, as to date unable to reach her as she has flexible business hours. Discussion on the hiring and need of a consultant by J. Morkeski. Input frommembers. Chairman Barbagallo moved for the suspension of the regular order of business in order for the Commission to inverview its final consultant candidate, Mr. Ed Gere. Mr. Gere passed out his proposal to the Commission. Mr. Gere stated that the citizens of North Andover may be hard to convince of a change of government. A legal base study is helpful to the Commission. Consultant's should keep a low public profile. Selling of the Charter is the most important function of the Commission. Charter Study Commission Page Two Questions from the Coranission to Mr. Gere ensued, Chairman Barbagallo thanked Mr. Gere for his appearance before the Commission. Chairman Barbagallo stated that the time had come for the Commission to select a consultant. The Commission agreed to list advantages and disadvantages of each candidate. A Mr. Robert O'Hare had withdrawn from consideration, the Commission had three consultants to choose from. On the first round of voting, Mr. Curran was dropped from consideration, with the choice now between Mr. Booth and Mr. Gere. On a final vote by the Commission, Mr. Booth received 5 votes and Mr. Gere-3 votes. The Commission now voted on the level of involvement by the consultant and on a motion by J. Thompson and seconded by K. Demers, to accept Mr. Booth's advanced support program, and so voted. The next item under discussion was the Commission's budget and article for the Town meeting warrant. After much discussion, a motion By P.Lafond and seconded by K.Demers to submit $30,000 as the cOmmission budget article and so voted. The Chairman asked for the formation of a budget subcommittee and members, Demers, Lafond and Larson volunteered for the subcommittee. Chairman Barbagallo stated be would write letters to all the consultant candidates, successful and unsuccessful. A motion was made to adjourn and the Commission meeting adjourned at 9:35 p.m. Respectfully ,submit.ted, D~is L. ~urrler Clerk NO}~Ti] ANI)OVE~t C})AI~TER STUDY COMMISSION TOWN iIALL BUILDING 120 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Or., Chairman Marty Larson, Vice Chaim~n Dennis L. Currier, Clerk C~i tree ~bers James C. Burke Philip A. Busby ~thleen M. I)emers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES OF CHARTER STUDY COMMISSION TUESDAY, MARCH 19, 1985, ATKINSON SCHOOL Chairman Barbagallo called the meeting to order promptly at 7:30 p.m. Members present: Barbagallo, Burke, Busby, Currier, Demers, Lafond, Larson, Thompson. Excused member: Morkeski. The Chairman asked the Commission to suspend its regular order of business . in order to interview consultants for the Commission. Mr. Robert O'Hare was the first consultant to be interviewed by the Commission. Mr. O'Hare stated that the most popular form of Town government today is the Board of Selectmen with an Executive Secretary. Mr. O'Hare stressed the importance of having ~he consultant on board earl_~y. The consultant should assemble the Town's ~y-Laws and identify the special laws just for North Andover. Drafting of the Charter is only 50% of the Commission's task, selling the Charter to the Townspeople is another 50%. Chairman Barbagallo thanked Mr. O'Hare for his appearance before the Commission. The regular order of business was briefly resumed with a motion to pay the Commission's bills which totalled $24.25. Motion made and so voted. At 8:15 p.m. th~ Commission interviewed the second consultant to appear before the Commission, l~lr. Michael Curran, Esquire. Mr. Curran also stated that the Commission should have its consultant on board early. The Commission should find out what the Town's problems are then seek solutions. Mr. Curran pointed out that the Commission's report has to be published in a newspaper of general circulation. Commission should not try to solve all the Town's problems and should stay in touch with the voters. Commis~c~er's should be flexible and willing to compromise to produce a (barter that the voters will accept. At this point questions from the general public in attendance were asked. From Bob Mascola, "Is the question of Lake Cochichewick and its problems a proper question for the Charter Commission?" Mr. Curran, "No, the Town's organizational structure is responsible for this problem". From Mark DiSalvo, "Do Charter Commissions advocate?" Mr. Curran, "Again no, Town By-Laws and special legislation passed by the Town are the advocates. Chairman Barbagallo thanked Mr. Curran for his appearance before the Commission. The Chairman chaired the Commission back to its regular order of business. The Clerk read the minutes of the previous meeting and these were accepted as read. Communications were read from the Selectmen's Executive Secretary Keith Bergman stating a Ms. Susan Solomoff at Natick had answered Mr. Bergman's ad in' the Mass. Municipal Association newsletter offering her help to the Commission. On a motion by J. Thompson, seconded by P. Lafond, to have P. Busby contact Ms. Solomoff, so voted. Minutes of Charter Study Commission -2- Tuesd~.v., March 19, !985 Discussion on procedure for inviting departmental heads and forming a sub-committee to formulate this procedure. Motion made by J. Burke, seconded by P. Lafond, to differ this question until the Charter Commission retains a consultant. Chairman Barbagallo stated that at the Commission's next meeting (Wednesday, March 20, 1985) the Commission should establish some groUnd rules for its public hearing on April 9. Motion made to suspend the meeting until Wednesday, March 20, 1985, at 7:30 p.m. The meeting adjourned at 9:35 p.m. Continuation of the Commission's meeting of March 19, 1985, held at 7:30 p.m., Atkinson School, Mar~:h 20, 1985. Members present: Barbagallo, Burke, Busby, Currier, Lafond, Larson, Thompson. Excused members: Demers, Morkeski. The Chairman called the meeting to order at 7:30 p.m. The Commission proceeded with its regular order of business. Under Committee Reports: J. Thompson made a brief report on his conversation with the State Auditors. Motion by M. Larson, seconded by P. Lafond,to have J. Thompson chair a sub-committee to communicate with the auditors, so voted. Chairman Barbagall° stated the Commission shouId select a consultant on March 26, 1985, after interviewing the last consultant candidate. Motion made by J. Thompson, seconded by M. Larson, and so voted for the Commissic~toretain a consultant. Discussion of the Commission's budget will be held at the next meeting on March 26, 1985. The next discussion of the Commission was to formulate a format for the Ap~l 9 public hearing. The agreed upon format is as follows: 1. Sign-in sheet - persons to testify in the order they sign in. 2. Time limit - will depend on public attendance. 3. Informational handout. 4. Introduction of Charter Commission to the public. . 5. Attendance notification to 1) letters to departmental heads asking for their input in writing and 2) defeated candidates to be contacted by telephone by P. Lafond. At 8:15 p.m. the Commission suspended its regular order of business to interview consultant Prof. Davis A. Booth. Mr. Booth stated he had most recently worked with the Charter Commissions of Merrimack and Wellfleet. Mr. Booth said the Commission should begin now to gain public support for the Charter. Just because the Townspeople voted 5 to I for a charter change, the public hearing will indicate how the Townspeople really feel towards a charter change. Mr. Booth outlined the various costs the Commission might incur in its proceedings. Mr. Booth presented the Commission members with his preliminary proposal to the Commission. After his presentation, Chairman Barbagallo thanked Mr. Booth for his time and efforts. The Commission Clerk made a brief report stating that Channel 25 had been contacted and they will video tape the Commission's public hearing on April 9. There being no further business before the Commission, a motion to adjourn was made and the meeting adjourned at 9:30 p.m. Respectfully submitted, '"' ? '"' Dennis Currier Clerk NORTI} ANI)OVER CltARTER STUDY COMMISSION TOWN HALL BUILDING 129 MAIN STREET NORTH ANDOVER, MA 01845 Ralph A. Barbagallo, Jr., Chairman Marty Larson, Vice Chairman Dennis L. Currier, Clerk Cami ttee Members James C. Burke Philip A. Busby Kathleen M. I)emers Peter J. Lafond Joseph J. Morkeski John P. Thompson MINUTES OF CHARTER STUDY COMMISSION TUESDAY, MARCH 12, 1985 Chairman Barbagallo called the meeting to order at 7:30 p.m. Members present: BarbagalIo, Burke, Busby, Currier, Demers, Lafond, Larson. Excused members: Morkeski & Thompson. The Clerk read the previous meeting's minutes, these were accepted as read. The Commission voted to suspend its regular order of business to allow Mark Morse of the Executive Office of Community Development to speak to the Commission. Mark noted that the Commission was ahead of schedule for the newly formed Charter gtudies. Mark stressed the need for the Commission to hire a consultant and to have its final report ready in six months. Most charter study reports that are accepted are those with the least, amount of changes. Mark stated there are currently 5 consultants in the field and all offer good services. Their fee will vary according to work schedules. Mark pointed out the need for the Commission to sell the charter once the fina) report is produced. 50% of charters fail on the ballot because of the Charter Commission's failure to inform the voters. Discussion and questions ensued from the Commission members to Mark. The regular order of business resumed at 8:45 p.m. Chairman Barbagallo thanked Mr. Morse for his presentation. Communications were read from the Selectmen granting office and meeting space to the Comn)ission. Motion by Phil Busby to have the Commission use the Town Hall facilities in April was seconded by Marty Larson and so voted. Also, a letter from the Town Treasurer informing the Commission of the account being set up for the Commission to &aw expenses from in the amount of $5,000. Under committee reports -' Marty Larson stated that consultants Robert O'Hare will be at the Commission's March 19 meeting also Mr. Michael Curren,on March 20 Mr. David Booth, and on March 26 Mr. Ed Gere. Phil Busby made a report that he had been in Andover and had received their 1985 Town warrant and affirmative action plan and the Town Manager was eager to talk to the Commission on its charter study. Motion made by Jim Burke to have the Commission's clerk purchase office supplies was seconded by Peter Lafond and so voted. Under new business - discussion ensued on the public hearing to be held April 9 such as procedure and format. Public notice ads to appear in the North Andover Citizen March 21, 28, and April 4. Also to request Channel 25 to tape the public hearing. Minutes of Charter Study Commission -2- Tuesday, March 12, 1985 Discussion on when to invite ToWn officials to appear before the Commission. Motion to have the chairman draft a letter to the Town officials, and so voted. Discussion to hold sub-committee's assignments to a futher meeting. Bids were read from DBL Printing and Naiman's Press regarding Commission's letterheads and envelopes. DBL Printers were the low bidder at $96. Marty Larson motioned to award DBL the printing of the letterheads, seconded by Kathy Demers, and so voted. Marry Larson brought up for discussion the problem of press releases. It was the Commision's feeling that the Commission's chairman would be the spokesman and would issue press releases. Motion made to adjourn at 10:10 p.m. and so voted. Respectfully submitted Dennis Currier Clerk FINAL REPORT TOWN Oi:: NORTH ANDOVER CHARTER COMMISSION TABLE OFCONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE .............................................................. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS ............................................ CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER I 0 PLANNING AND THE ENVIRONMENT ....................... CHAPTER 11 TRANSITIONAL PROVISIONS .............................. AFTERWORD ............................................................ I 2 3 5 10 11 12 14 16 19 20 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Charter Com- mission, summarized below?" Yes No BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work, and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter commission meeting to public input, and by conducting several public hear- ings. The last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work, in a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen, the Town Manager and the Advisory Board. Henceforth the Advisory Board will devote its total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: - To preserve the best of traditional town government. - To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. - To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they neglect their responsibilities. - To provide improvements in several critical arms: management and administration; budget making and budget administration; coordination of public works;and improved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii TOWN OF NORTH ANDOVER CHARTER PREAMBLE We, the people of the town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- wealth, do hereby adopt the following home rule charter for this town. CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section 1 Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government I-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to Limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town may exercise any of its powers, or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter 1-6-1 If any provision of this charter is held invalid, the other provisions of the ' ;'~t~r shall not be affected thereby. If the application of the charter or any of its provisions to ~,~'/;/,;rson or cir- cumstance is held invalid, the application of this charter and its provisions to r,*t'~'t ~aersons and circumstances shall not be affected thereby. CHAPTER 2 TOWN MEETING Section 1 Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting ojt,~tl rio all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amend,~fn' t~il byqaws, proposed operating and capital ~mprovement budgets, bond issues, and other fin,~t~ I~1 I~roposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible un¢l~'l l~,~meral law. .Section 2 Warrants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings, 2-2-2 The warrant for each town meeting shall be closed forty-five days prt~f' I~* II~e date for the meeting, provided that, by unanimous vote, the board of selectmen may waive ~1~1~ teq airement, in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be publisll¢d In a ~lewspaper of general circulation within the town at least seven days prior to the meeting, filial ~llall be posted in a public place in every precinct in the town at least seven days prior to the ann~lal low~l meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly on the first Monday in May at ~ I' m~o consider and adopt an annual operating and capital budget, and to act on other matters. TI~,~ m""ung shall be continued on other days, until all articles in the warrant shall have been acted upon Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the board of selectmen and ,1~,,'?, >'' called by said board upon the request, in writing, of at least two hundred registered voters ol ~:x' ,,,x~ n. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, ,:~'-: ,x,~ide at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-64 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board shall have considered them previously and issued a written recommen- dation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on' by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section I The Board of Selectmen 3-1-1 A board of selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by byqaw, or by any other town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept. 3-2-3 The board of selectmen shall serve as the chief goal-setting and policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 34-1 The board of selectmen may conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Respons~ilities 3-5-1 The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to. make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4; (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables;and (i) five mem- bers and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall also have the power to appoint town boards enumerated in Chapter 7, including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council; and (e) an arts council. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7-2 The provisions of 3-7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section 1 Appointment 4-1-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at its pleasure. 4-1-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-1-3 No person who has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree m an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-law under the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment; and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: (a) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and byqaw. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. (g) be responsible for the day-to-day administration of the town's personnel system. (h) be responsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. O) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (1) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator. (n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 44-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and. on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sion and department heads, (c) a planning board, (d) an industrial development financing authority, (e) an industrial commission, (f) a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 44~2 The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees report; (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) all other full-time, part-time or seasonal employees, except those of the library trustees, the police and fire departments, and the school committee. All such appointments and removals shall be subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and authority of each posi- tion, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other 'leave. (f) policies and procedures governing persons holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. (j) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the town hall and in three other places of public access within the town. 4-94 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section I0 Filling Vacancy 4-10-1 When a vacancy arises ~n the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section I 1 Acting Town Manager 4-11-1 The board of selectmen shall designate, within l0 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION Section 1 General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a division of planning and com- munity development, and (c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-14 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- tional capacity without additional compensation. 5-1-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or more departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 Section 2 Division of Finance 5-2-I The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 54-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, paxks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3, a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 11 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be f~lled by the board of selectmen together with the remaining members of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint allad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. Section 5 School Committee A school committee of five members shall be elected at large for three-year overlapping 6-5-1 terms. 6-5-2 The school committee shall conduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 7-1.1 A zoning board of appeals of five members and three associate members shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by t he board of selectmen for three-year overlapping terms. Section 4 Historical Commission 74-I A historical commission of seven members shall be appointed by the board of selectmen for three-year overlapping tcsrns. Section 5 Recreation Council 7-5-1 A recreation council of nine members shall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards, Commissions, and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them un,der the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10-2 All boards, commissions, and committees of the town shall: (a) organize annually; (b) elect a chairman and other necessary officers; (c) establish a quorum requirement for their meetings in accordance with general law; (d) adopt rules of procedure and voting; and (e) maintain minutes and all other records of proceedings, copies of which shall be a public record and filed monthly with the town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-10-5 Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. Section 11 Change in Composition of Appointed Town Boards 7-11-1 The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. 14 Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to the voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election ora successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shatl within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shai' submit the same with his certificate to the board of selectmen. The board of selectmen shall, with/z three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter. order an election to be held on a date fixed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election 'to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nomina- tion of candidates, the publication of the warrant for the recall election, and the ~onduct of the same, shall all be in accordance with the provisions of general law relating to elections, and the eIection to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shal'l not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 'The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought} be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member of the advisory board shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall reqi~est and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the town manager. 9-2-3 On or before the first day of November of each year, the board of selectmen, after con- sulting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6" The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d) summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format su~ested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on PropoSed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, wkh or without amendments, and submit it to the advisory board. The board of selectmen shall also trane-nit the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the proposed budget and shall issue printed recommendations and detailed explanations on all financial articles in an annual advisory board report, which shall be mailed or distributed to the residences of all registered VOters at least ten days prior to the scheduled date of the annual town meeting. In preparing its recom- mendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan Which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspection; and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every division, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER 10 PLANNING AND THE ENVIRONMENT Section I Powers and Duties of the Planning Board 10-1-1 A planning board shall be appointed as provided in clause 7-7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general taw, this charter, and by-law. __~ Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the town manager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission. and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAPTER 11 TRANSITIONAL PROVISIONS Section I Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government 11-3-1 Except as specifically provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the employment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the 20 performance of the said duties by another person or agen-'7_: provided, however, that no person in the permanent, full-time service or employment of the xo*n shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity a5 fimilar to their former ~apacity as it is practical so to do and shall be eligible for appoin[ment to a?osition at a higher pay grade. 1 1-4-2 All elected officers in office on the first day lo,awing the adoption of this charter shall each be allowed to complete his term of office. At the expmr, ion of said term, said incumbents shall be eligible for appointment to an appointed position in the _-awn's employ. Section 5 Transfer of Records and Property 11-5-1 All records, property and equipment whatsoev~of any office, department, or agency or part thereof, the powers and duties of which are assigned ~ whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to rSe establishment of a division of public works shall become effective sixty days after the town mar~_*er has been appointed. Upon this date, the highway surveyor shall become subject to the direction- of the director of the division, for the remainder of his elected term of office. Upon the expiratio= of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appo~tment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incrmbent expires, the position may be filled by the town manager with the approval of the board of seleztmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to ~e director of public works. Section 7 Board of Assessors 11-7-1 The terms of office oit the incumbent members o:'the board of assessors shall continue to their normal expiration. As the term of an incumbent ex?ires, the position may be filled by the town manager with the approval of the board of selectme-_ for a term of one year. The board shall continue to discharge its duties until its powers and dut~.-s are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of plannir-g board members expire, such positions shall be filled by appointment for a term of three years. 21 Section 9 Boards Discontinued 11-9-1 On the effective date of this charter, the board of fire engineers, the personnel board, and the capital budget committee shall all be discontinued. 11-9-2 The board of public works e~a~lished by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment 11-10-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-1 Un/ess another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth, (b) Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e)Voters. The word "voters" shall mean registered voters of the Town of North Andover. (f) Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisti~g of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared elected and sworn to the faithful performance of duty by the town clerk. (h) He/his. The words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. (i) Elected officer. The words "electcd officer" as used in 11-4-2 shall mean the town clerk, the highway surveyor, the collector-treasurer, and any other individual elected office, abolished or made appointive by this charter. 22 AFTERWORD The Charter commission's concluding Observations, in this afterwbrd, must begin by acknowledg- ing the support, assistance and cooperation it has received from elected and appointed town boards, elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The Commission did not presume to deal with every matter or every suggestion that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and, of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the f'~,~t page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serwng on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve. issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three division. 23 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable, Ali changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLEOFCONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE .... ' .................................. ........................ CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS ............................................ CI'I-APTER 2 TOWN MEETING .......................................... CI'~APTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............... .............................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER 10 PLANNING AND THE ENVIRONMENT ....................... CHAPTER 11 TRANSITIONAL PROVISIONS ............................... AFTERWORD ............................................................ iv v 1 2 3 5 10 11 12 14 16 19 20 23 iii INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work, and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter'commission meeting to public input, and by conducting several public hear- ing~. The last public hearing was well attended and produced a number of valuable suggestions. ~,s a result of that hearing, the Charter Commission made a number of.changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board Of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by. coordinating the work, in a planned and systematic~way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen, the Town Manager and the Advisory Board. Henceforth the Advisory Board will devote its .total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Charter Com- mission, summarized below?" Yes I No BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECT- MEN, who, as the chief po/icy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure o'fthree divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of pIanning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: - To preserve the best of traditional town government. - To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. - To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they neglect their responsibilities. - To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works; and improved municipal and fiscal planning. vi TOWN OF NORTH ANDOVER CHARTER PREAMBLE We, the people of the town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- ~ealth, do hereby adopt the following home rule charter for this town.. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section I Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein. I-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall b~ deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town may exercise any of its powers, or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other' towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-1 To the extent that any specific pr~vision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter i-6-1 If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or cir- cumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby. Section 1 2-1-1 CHAPTER 2 TOWN MEETING Organization and Powers The legislative powers of the town shall be exercised by a town meeting open to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all byqaws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed forty-five days prior to the date for the meeting, provided that, by unanimous vote, the board of selectmen may waive this requirement, in cases of emergenc~. 2-2-3 The warrant for each annual and special town meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting, and shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly on the first Monday in May at 7 p.m. to consider and adopt an annual operatingand capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Section 4 Special Town Meetings 2-4.1 A special town meeting may be called by the board of selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included iq the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, 'to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committ~s e2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board'shall have considered them previously and issued a written recommen- dation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section I The Board of Selectmen' 3-1-1 A board of selectmen of five members shall be elected at-large for three-year overlapping terms. ' 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its officialacts to be kept. 3-2-3 The board of selectmen shall serve as the chief goal-setting and policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers. Du ties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen may conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-1 The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4; (b) town counsel~ (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (i) five mem- bers and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall also have the power to appoint town boards enumerated in Chapter 7, including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council; and (e) an arts council. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of select.men shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7-2 The provisions of 3-7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section 1 Appointment 4-1-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at 'its pleasure. 4-1-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-1-3 No person who 'has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by g~neral law, this charter or by-law under the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment;and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: (a) attend ali meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing that the budg6t is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-law. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. (g) be responsible for the day-to-day administration of the town's personnel system. (h) be resPOnsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and ~- boards to be filled by the board of selectmen. O) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (1) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator. (n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 4-4-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as fiaay otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sion and department heads, (c) a planning board, (d) an industrial development financing authority, (e) an industrial commission, (f) a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 4-4-2 The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees.report; (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) all other fulbtime, part-time or seasonal employees, except those of the library trustees, the police and fire departments, and the school committee. All such appointments and removals shall be subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. . Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-Jaws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: t (a) the classification of positions, based on duties, responsibilities, and authority of each posi- tion, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (f) policies and procedures governing persons holding pwvisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. 0) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-I The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate t~e removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the.town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witriesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The town. manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION Section I General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a'division of planning and com- munity development, and (c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-1-4 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- tional capacity witbout additional compensation. 5-1-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or more departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, rand community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section I General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3, a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 11 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining members of the r~spective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-I and (d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. Section 5 School Committee 6-5-1 A school committee of five members shall be elected at large for three-year overlapping terms. 6-5-2 The school committee shall conduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 6-6.1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. cHAPTER 7 APPOINTED TOWN BOARDS Section I Zoning Board of Appeals 7-1-1 A zoning board of appeals of five members and three associate members shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission t 7-4-1 A historical commission of seven members shall be appointed by the board of selectmen 'for three-year overlapping terms. Section $ Recreation Council 7-5-1 A recreation council of nine members §hall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board . 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section I0 Town Boards, Commissions, and Committees 7-10-1 Multi-member boards established by t'his charter shall possess and exercise all powers given to them und. er the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10-2 All boards, commissions, and committees of the town shall: (a) organize annually; (b) elect a chairman and other necessary officers; (c) establish a quorum requirement for their meetings in accordance with general law; (d) adopt rules of procedure and voting; and (e) maintain minutes and all other records of proceedings, copies of which shall be a public record and flied monthly with the town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- tsions of the open meeting law, Sect. 23A-C of M.G.L Chap. 39, as may be amended from time to time. 7-10-5 Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that.he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. Section 1 l Change in Composition of Appointed Town Boards 7-11-1 The tOWn meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section ! Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. 14 Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. ~ection 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to the voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election ora successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board of selectmen. The board of selectmen shall, ~vithin three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be 'recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed;provided, however, that if any other town election is to occur within ninety days after the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself· The nomina- tion of candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shalI be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member df the advisory board shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the town manager. '~t9-2-3 On or before the first day of November of each year, the board of selectmen, after con- suiting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the out~ limits of possible budget growth for the town. 9-2-4 All depa~ment heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an ac'companying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d) summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format suggested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the advisory board. The board of selectmen shall also transmit the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the proposed budget and shall issue printed recommendations and detailed explanations on all financial articles in an annual advisory board report, which shall be ma/led or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the annual town meeting. In preparing its recom- mendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspection; and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-I At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every division, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one*twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER 10 PLANNING AND THE ENVIRONMENT Section 1 Powers and Duties of the Planning Board 10-1-1 A planning board.shall be appointed as provided in clause 7-7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10.1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general law, this charter, and by-law. Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the town manager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAPTER 11 TRANSITIONAL PROVISIONS Section I Effective Date 1 !-1-1 Except as provided for in this chapter, this charter shall be in full effect on th~ first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September fo/lowing its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government 11-3-1 Except as specifically provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the employment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the 20 performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade Or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said ter~-,, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section 5 Transfer of Records and Property i 1-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office of the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the prOVisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 21 Section 9 Boards Discontinued 11-9-1 On the effective date of this charter, the board of fire engineers, the personnel board, and the capital budget committee shall all be discontinued. 11-9-2 The board of public works established by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment 11-10-1 This charter may be replaced, revised, or amended in accordance with the procedures hnade available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth. (b) Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. :: (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e) Voters. The word "voters" shall mean registered'voters of the Town of North Andover. (f) Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared elected and sworn to the faithful performance of duty by the town clerk. (h) He/his. The words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. (i) Elected officer. The words "elected officer" as used in I 1-4-2 shall mean the town clerk. the highway surveyor, the collector-treasurer, and any other individual: elected office. abolished or made appointive by this charter. 22 AFTERWORD The Charter Commission's concluding observations, in this afterword, must begin by acknowledg- ing the support, assistance and ~ooperation it has received from elected and appointed town boards, elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The Commission did not presume to deal with every matter or every suggestion that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and, of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the .first page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping .of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve, issues related to the transition, and would help to i~nitiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three divisi0n. 23 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. ' As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24 Town of North Andover Charter ED I 'I'ED H FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE OFCONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ iv INTRODUCTION ......................................................... v PREAMBLE .............................................................. 1 CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS ............................................ 1 CHAPTER 2 TOWN MEETING ......................................... 2 CHAPTER 3 BOARD OF SELECTMEN ................................... 3 CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... 10 CHAPTER 6 ELECTED TOWN BOARDS AND OFF1CERS ................... 11 CHAPTER 7 APPOINTED TOWN BOARDS ............................... 12 CHAPTER 8 ELECTIONS ............................................. ! 4 CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. 16 CHAPTER 10 PLANNING AND THE ENVIRONMENT ....................... 19 CHAPTER 11 TRANSITIONAL PROVISIONS .............................. 20 AFTERWORD ............................................................ 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Charter Com- mission, summarized below?" Yes No BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work, and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter commission meeting to public input, and by conducting several public hear- ings. The last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Mahi Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work, in a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen, the Town Manager and the Advisory Board. Henceforth the Advisory Board will devote its total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected officials. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter Commission's deliberations have been guided by four overarching principles. These are: - To preserve the best of traditional town government. - To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. - To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they neglect their responsibilities. - To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works;and improved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii TOWN OF NORTH ANDOVER CHARTER PREAMBLE We, the people of the town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- wealth, do hereby adopt the following home rule charter for this town. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section I Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers The town shall possess, exercise, and enjoy all powers possible under the constitution and of the CommonweaRh as completely and fully as though they were expressly enumerated 1-3-1 statutes herein. 1-3 -2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town may exercise any of its powers, or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter 1-6-1 If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or cir- cumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby. CHAPTER 2 TOWN MEETlNG Section I Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all byqaws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed forty-five days prior to the date for the meeting, provided that, by unanimous vote, the board of selectmen may waive this requirement, in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting, and shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly on the first Monday in May at 7 p.m. to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Section 4 Special Town Meetings 24-1 A special town meeting may be called by the board of selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board shall have considered them previously and issued a written recommen- dation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recomrhendations. CHAPTER 3 BOARD OF SELECTMEN Section 1 3-1-1 terms. The Board of Selectmen A board of selectmen of five members shall be elected at-large for three-year overlapping 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders for the government of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept. 3-2-3 The board of selectmen shall serve as the chief goal-setting and policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen may conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-1 The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules, and regulations relating to all businesses for which it issues licenses. 4 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4; (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h)three constables;and (i)five mem- bers and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall also have the power to appoint town boards enumerated in Chapter 7, including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council;and (e) an arts council. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7-2 The provisions of 3-7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section 1 Appointment 4-1-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at its pleasure. 4-I-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-I-3 No person who has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager, t/~sr* ~e~O~p ~' ~,b~/~ r~'o~b,~ ~// Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-law under the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment;and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: (a) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-law. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. (g) be responsible for the day-to-day administration of the town's personnel system. (h) be responsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (1) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator. (n) perform such other duties as may be required by this charter, byqaw, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 4-4-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sion and department heads, (c) a planning board, (d) an industrial development financing authority, (e) an industrial commission, (f) a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 4-4-2 The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel byqaw, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees report; (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) all other full-time, part-time or seasonal employees, except those of the library trustees, the police and fire departments, and the school committee. All such appointments and removals shall be subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining contr cts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manager shall from time to time propose, and the town meeting may adopt, with or without amendment, per.,onnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and authorit of each posi- tion, with adequate provision for reclassification of any position wheneve~ warranted by changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (f) policies and procedures governing persons holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. O) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 40-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAFFER 5 TOWN ADMINISTRATIVE ORGANIZATION Section 1 General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a division of planning and com- munity development, and (c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-1-4 Responsibility for the functions administered within the tttree divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- tional capacity without additional compensation. 5-1-6 With the approval of the town manager a-division director, other than the manager, may designate himself as head of one or more departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3, a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 11 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining members of the respective boa. rd, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. Section 5 School Committee 6-5-1 A school committee of five members shall be elected at large for three-year overlapping terms. 6-5-2 The school committee shall conduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 7-1-1 A zoning board of appeals of five members and three associate members shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 74-1 A historical commission of seven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members shall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed bythe town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards, Commissions, and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them und. er the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, byqaw, or vote of the town meeting. 13 7-10-2 All boards, commissions, and committees of the town shall: (a) organize annually; (b) elect a chairman and other necessary officers; (c) establish a quortma requirement for their meetings in accordance with general law; (d) adopt rules of procedure and voting; and (e) maintain minutes and all other records of proceedings, copies of which shall be a public record and filed monthly with the town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-104 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-10-5 Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. Section 11 Change in Composition of Appointed Town Boards 7-11-1 The town meeting may, by by4aw, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. 14 Section 2 Town Elections to be Nonpartisan '8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to the voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board of selectmen. The board of selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nomina- tion of candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member of the advisory board shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the town manager. 9-2-3 On or before the first day of November of each year, the board of selectmen, after con- sulting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-24 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d) summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format suggested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the advisory board. The board of selectmen shall also transmit the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the proposed budget and shall issue printed recommendations and detailed explanations on all financial articles in an annual advisory board report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the annual town meeting. In preparing its recom- mendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspection; and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every division, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER 10 PLANNING AND THE ENVIRONMENT Section ! Powers and Duties of the Planning Board 10-1-1 A planning board shall be appointed as provided in clause 7-7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general law, this charter, and by-law. Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the town manager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAPTER 11 TRANSITIONAL PROVISIONS Section 1 Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town byqaws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due cot~rse of law or expire by their own limitation. Section 3 Continuation of Government 11-3-1 Except as specifically provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shah continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the employment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the 20 performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 1 1-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section 5 Transfer of Records and Property 11-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the dkector of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office of the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 21 Section 9 Boards Discontinued 11-9-1 On the effective date of this charter, the board of fire engineers, the personnel board, and the capital budget committee shall all be discontinued. 11-9-2 The board of public works established by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment 11-10-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth. (b)Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e)Voters. The word "voters" shall mean registered voters of the Town of North Andover. (13 Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared elected and sworn to the faithful performance of duty by the town clerk. (h) He/his. The words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. (i) Elected officer. The words "elected officer" as used in 11-4-2 shall mean the town clerk, the highway surveyor, the collector-treasurer, and any other individual elected office, abolished or made appointive by this charter. 22 AFTERWORD The Charter Commission's concluding observations, in this afterword, must begin by acknowledg- ing the support, assistance and cooperation it has received from elected and appointed town boards, elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The Commission did not presume to deal with every matter or every suggestion that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and, of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the first page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve, issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the fkst Town Manager. The committee would also help to deal with the organization of the town's three division. 23 Revision of By4aws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record yottr support, by voting "Yes" on election day. 24