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Home My WebLink About1992-05-04Town of North Andover C/& Massachusetts Volpe Athletic Complex North Andover, MA Recommendations of the Advisory Board are included in this booklet. It is your guide to the Town Meeting. -Please br4ng it With you. TOWN MEETING RULES OF PARLIAMENTARY PROCEDURE (Simplified form) A Glossary of Terms: Town Meeting - warrant - A duly-called meeting in which all registered voters are eligible to participate. It is the Town's legislature, where fiscal issues, zoning changes, by-law amendments, and other matters affecting the Town are decided. Each voter has one vote in the decision making process. A regular (Annual) Meeting is held each May to decide issues for the fiscal year starting in July. A (Special) Town Meeting may be called at other times, to deal with issues that can not wait for the next Annual Meeting; a Special Town Meeting is called by the selectmen; a petition of two hundred (200) voters will cause one to be called. Public notice of business to be considered at Town Meeting. It is publicly posted throughout the Town, sets a time and place for the meeting, and contains one or more articles. The warrant is opened by the selectmen for article submission prior to the meeting, and closed well in advance of the meeting. Article - Definition of an issue to be decided at the meeting. Individual matters are described in articles so that all voters are warned of potential action to be taken. The scope of each article sets the bounds of actions that may be taken. Articles are submitted by Town agencies, or citizen petitions of ten (10) at annual meetings, or one hundred (100) at special meetings. Main Motion - Required under the article (and within its scope) for the meeting to act. It may be as simple as "To adopt the article, as printed in the warrant" or a more complex action, as long as the article's scope is not exceeded. A main motion should be made and seconded for discussion to proceed; a favorable recommendation from the Advisory Board will be taken as a main motion, made and seconded. Whenever possible, affirmative (rather than negative) main motions are preferred to avoid confusion. Amendments - Voting - Reconsideration - Adjournment - Dissolution - May be offered to a main motion, debated and accepted or rejected. Complex amendments should be submitted to the Moderator in writing. Individual amendments will be considered in turn; amendments to amendments are discouraged. The resultant (possibly amended) main motion will ultimately be voted upon. Is done by voice (Aye" or "No"), a show of hands or standing in place. The Moderator will call for a vote, and announce the results. For other than a counted vote, seven (7) voters may doubt the announced vote by rising and standing in place; such doubt will case a counted vote to be taken. Most issues will be decided by a simple majority of those voting; issues requiring a two- thirds (2/3), four-fifths (4/5), or other majority will be clearly identified to the meeting. Of action taken under an article may be proposed only once. The option is useful when inter-dependent decisions are to be made under separate articles; it is dangerous when introduced after a hard-fought decision has been made, and there has been a change in the audience. Introducing a motion to reconsider immediately after a hard-fought decision, with the expectation of its defeat, will effectively lock out future reconsideration. To another date and place certain may be proposed and voted to recess the meeting to a future session. Is the final act of a meeting. Ail issues will have concluded, and future discussion will require another warrant for another meeting. · he Players: Voters - Moderator - Selectmen - Advisory Board - Planning Board - Town Clerk - Town Counsel Other Players: SuR~ortinq Cast: The following have legal obligations to Town Meeting: The ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials. Elected, responsible for the conduct of the meeting. Parliamentary rulings, conducting of the debate, and voting are vested solely in the Moderator. Elected, responsible for calling the meeting and ordering the warrant. This executive board is often authorized by the meeting to act in the Town's behalf between Town Meetings. (sometimes called the Finance Committee) Appointed by the Moderator, responsible for recommending on financial and often other articles. This cross-section of citizens has the opportunity to investigate articles proposed to the meeting and make independent recommendations. Appointed by the Town Manager, responsible for administering the Town's Zoning By-law. This board is required to hold hearings and make recommendations on articles which effect zoning or environmental issues. Appointed by the Town Manager, responsible for physical arrangements of the meeting, and for recording the minutes of actions taken. The Town's Attorney, appointed by the Selectmen. Counsel will make legal rulings, and advise the meeting, as needed. The following participants have strong interest in assuring the meeting's success. They will propose issues and supply information to the voters: School Committee, Town Manager, Super- intendent of Schools, Town Accountant, Department Heads, and Town Committees The following staff supply the necessary support to conduct a meeting of this size: Registrars of Voters, Voter Check-in Clerks, Counters, Public Safety Officer and Facilities Manager of the bldg. used Courtesy Issues: Please introduce yourself, using name and street address the first time that you speak at any session of Town Meeting. If acting as attorney or paid agent for another, disclose this fact at the start of any remarks. Address the meeting with new information, to persuade undecided voters. Re-iterating old information as a show of support takes time and does little to affect the outcome of a vote. Please refrain from applause or negative jeers during discussion. Brevity in remarks shows respect for the value of your neighbor's time. The most persuasive statements at Town Meeting are often the most succinctly stated, retaining the audience's full attention. Participation at Town Meeting is an American tradition, one which differentiates New England towns from other regions and from larger cities. Decisions made by these meetings are somehow more satisfying than those delegated to elected boards or paid staff. Help maintain this tradition by joining with neighbors to discuss the issues. We will respect the value of your time and participation. Charles A. Salisbury Town Moderator 1424 Salem Street North Andover, MA 01845 (508) 685-1568 4 Town By-~Ws Affecting Town Meeting 59-1. Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town C~erk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the Town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. 59-2. Quorum. No business shall ~Ibe 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 one point five percent (1.5%) of the registered voters of the Town; provided, however, that a number/less than such quorum may adjourn such meeting from time to time. 59-3. Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. 59-4. Secret Ballots. Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty- five percent (25%) of the voters present at said Annual or Special Town Meeting, any article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian (Secret) Ballot. TOWN OF NORTH ANDOVER ADVISORY BOARD REPORT TO THE CITIZENS 1992 ANNUAL TOWNMERTING MAY 4, 1992 GENERAL North Andover, like other towns in the Commonwealth, is continuing to face a difficult situation with regard to the provision of public education and basic public services. The tight revenue picture of the previous year is still with us and options for dealing with the situation get more limited as the general economic malaise continues. An increase is projected in receipts from Real Estate and Personal Property taxes but most of this growth will be cancelled by reductions in Local Receipts and State Aid. In short, we face another tough year. On the expenditure side, costs continue to grow with salaries and benefits constituting by far the largest component in the total budget. In the context of decreasing or static revenues, the ratcheting effect of salary and benefit growth has the inevitable impact of reducing services. Meanwhile, school enrolment will increase by about 100 students requiring four more teachers. In combination, these factors lead to hard choices and a stressful budgeting process. As a general observation, citizens need to be aware that local communities are at the receiving end of a growing number of mandated but unfunded obligations which sharply impact the town's ability to provide basic services. Examples are the Americans with Disabilities Act, Special Education, Environmental mandates and so on. Worthy as these programs are, it needs to be recognized that without a conscious decision to provide override or other funding sources, the constraints of Proposition 2 1/2 inevitably lead to reduced services and reduced mainline school programs. ON THE OTHER HAND Tight budgets focus attention on improving operating efficiencies and stimulating a search for alternative revenue sources. Town management has pursued these avenues with results that are in various stages of maturity. Initiatives are in place for improving the collection of overdue taxes and significant effort has been expended on the possibility of privatizing trash collection. The Advisory Board applauds these efforts and strongly encourages their continuance. In the area of new revenue sources, the primary focus has been on trash collection fees which the Selectmen chose not to introduce. Other fees are also under review to ensure that they bear a reasonable relationship to the cost of the service. THE BUDGET The Advisory Board has examined the proposals or conducted hearings with every town department, the School Superintendent, and the Town Manager. The proposed programs are essentially level funded and after the wringing out of prior years, few opportunities remain for making significant logical cuts. The Selectmen's proposed School budget is 2% over last year's budget, primarily to cover the additional teachers needed to handle enrollment growth and to restore some of the athletic program. The Board concurs with the School Committee that the reduced funds being applied to the teaching program are cause for serious concern particularly as they affect course offerings for the less academically inclined. For this reason, the Advisory Board recommends adding an additional 4% of the School budget with the incremental appropriation being subject to a successful Proposition 2 1/2 General Override. Two major additions being proposed for Capital Improvement funding are the school at the Calzetta site and a major remodeling of the Stevens Memorial Library. With an anticipated turndown in the currently approved debt and interest payments, it is the opinion of the Advisory Board that these projects can be funded within the traditionally agreed upon tax supported debt floor of $ 1.3 million. This opinion is based on two assumptions, 1) that the state's share of the school funding will continue at the current level of 63% and, 2) that in the near future, tax exempt interest rates will not rise significantly above 6.8%. Furthermore, the present buyer's market in the construction industry combined with reduced interest rates make this an opportune time to undertake these projects. From a fiscal standpoint, the future depends to a great extent on the health of the economy. In this respect, there are a few promising signs in North Andover that a turnaround may be in the making. We hope that this will continue and that everything possible will be done to encourage the trend. A final comment, the mandated and unfunded obligations described earlier are jeopardizing our ability to pay for some traditional basic services. It is the Advisory Board's opinion that the Town ought to seriously consider the desirability of funding at least part of these new obligations via an override. This is of particular importance in relation to the School program, which is as much part of our infrastructure as the water system. THE NORTH ANDOVERADVISORY BOARD Don Rodgers, Chairman Jean Vallieres, Vice Chairman Guenter Loeser, Clerk Robert Duggan Jacob Freedman James Gammie James Kenny Bill Knauss Joan Roberts TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING - MAY 4, 1992 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at Volpe Complex, Merrimack College, on Monday, May 4, 1992, at 7:00 p.m. then and there to act upon the following articles. ARTIC?m 1. ANNUAL TOWN ELECTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 2, 1992. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTIC?m 2. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1991 Annual Town Report. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTICLE 3. COMPENSATION OF ELECTED OFFICIALS. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws as follows; or to take any other action relative thereto: Board of Selectmen/Licensing Commissioners, each per annum Chairman, Board of Selectmen, per annum Moderator For each Annual Town Meeting For each Special Town Meeting $ 2,000 300 100 50 Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. Board of Selectmen ARTICLE 5. RESOLUTION REGARDING DISTRIBUTION OF STATE AID TO CITIES AND TOWNS. To see if the Town will vote to adopt the following resolution: Resolved that the Town of North Andover calls upon the legislature to annually appropriate and fully distribute the legally required 15% gas tax receipts to cities and towns, for the construction, maintenance, and policing of local roads. Furthermore, the Town calls upon the legislature to implement Question 5 and fully distributed revenues to cities and towns according to terms of that question. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTICLE 6. AUTHORIZATION TO TRANSFER UR-EXPENDED 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 Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICT~ 7. FISCAL YEAR 1992 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1992 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICrm 8. CAPITAL IMPRO~S PLAN APPROPRIATION FOR FISCAL YEAR 1993. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Project Description Department Request Board of Selectmen Recommend Advisory Board Recommend POLICE DEPARTMENT: 1. Central Dispatching Center 2. Facility Renovations/ Expansion 3. Traffic Lights (Mass. Ave./Waverly Rd.) 4. Communications Network 5. Speciality Vehicle Needs Sub-Total - Police FIRE DEPARTMENT: 6. Fire Station Engine Exhaust Systems 7. Architectural Fees - Fire Station & Town Hall 8. High Band Radio Sub-Total - Fire SCHOOL DEPARTMENT: 9. Elementary School - Calzetta Farm Site SEE NOTE 10. Middle School Roof - Repair/Replacement 11. Bradstreet ECC Elevator/ Lavs.- Handicapped Access./Elect. 12. Remove Asbestos - Middle School Boiler 13. Franklin School Roof Repair/Replace 14. Handicap Access - Two Lavatories-Middle School 15. Technology Equipment 16. Thomson & Bradstreet Brick Repointing 17. Atkinson, Kittredge, Thomson Floor Retiling 18. Underground Oil Tank Replacement Sub-Total - School $230,000 400,000 18,000 38,000 28,000 $714,000 $ 45,000 31,000 130,000 $206,000 $10,600,000 449,500 250,000 80,000 66,000 15,000 63,760 30,000 25,740 50,000 $11,630,000 $230,000 0 18,000 13,950 28,000 $289,950 $ 45,000 0 130,000 $175,000 $10,600,000 449,500 0 80,000 66,000 15,000 63,760 0 25,740 0 $11,300,000 $230,000 0 0 13,950 0 $243,950 $ 45,000 0 130,000 $175,000 See Art. 12 449,500 0 80,000 66,000 15,000 63,760 0 25,740 0 $700,000 10 Department Project Description Department Request Board of Advisory Selectmen Board Recomlaend Recommend TOWN F~T.T.: 19. Renovation/Addition - Town Hall Sub-Total - Town Hall $125.000 $125,000 $125.o00 $125,000 $~,Z5.000 $125,000 STEVENS LIBRARY: 20. Library Addition & Renovation $2,000,000 SEE NOTE 21. Asbestos Removal 45,000 22. Underground Oil Tank Replacement 43,650 Sub-Total-Stevens Library $2,088,650 $2,000,000 See Art. 11 o $ 0 0 0 $2,000,000 $ 0 PUBLIC WORKS: 23. Public Works Equipment 24. Water Main Rehab. - FY 93 25. *Two Rubbish Trucks 26. Sewer Sys Ext-GPR Phase 3 27. Sewer System Improvements 28. Bear Hill Storage Tanks SEE NOTE 29. Sutton Hill Storage Tanks 30. Road Improvement Program 31. Sewer Sys Ext-GPR Phase 2 Sub-Total - Public Works $ 148,000 700,000 150,000 1,500,000 1,000,000 460,000 148,000 $ 148,000 50,000 50,000 150,000 Rec. @ T.M. 0 0 0 0 460,000 460,000 130,000 130,000 130,000 250,000 0 0 450.000 ~450.000 , 4~,0.000 $4,788,000 $1,388,000 $1,238,000 Total - Article $19~487~890 S15~277,950 ~ * Subject to continuation of existing trash collection program. Notes: The following projects will be brought forward to Town Meeting under separate articles: Item 9. Item 20. Item 28. Elementary School - Calzetta Farm Site - Article #12 Library Addition and Renovation - Article #11 Bear Hill Storage Tanks - Article #9 Planning Board Recommendations: Item 24. Item 28. Item 29. Item 31. Water Main Rehab. - FY 93 Bear Hill Storage Tanks Sutton Hill Storage Tanks Sewer Sys. Ext-GPR Phase 2 Favorable Action. Favorable Action. Favorable Action. Favorable Action. Board of Selectmen 11 ARTICT~ 9. REPAIR TO BEAR HILL RESERVOIRS. To see if the Town will vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under Chapter 44 of the Massachusetts General Laws as amended or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: No Action ARTICLE 10. CAPITAL IMPROVEMENTS RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $336,000 or any other sum, to establish the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for the approved FY 1993 Capital Improvements projects, as voted under Article #8, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action ARTICT~ 11. STEVENS MEMORIAL LIBRARY RENOVATIONS. To see if the Town will vote to appropriate the sum of $ 2,000,000 or any other sum for securing plans and specifications, including work drawings, retaining the services of a construction manager, constructing an addition to and remodeling, reconstruction and making extraordinary repairs to the Stevens Memorial Library; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Reconendation: Favorable Action. 12 ARTICLE 12. CONSTRUCTION OF AN ET.RME~ARY SCHOOL. To see if the Town will vote to raise and appropriate the sum of $10,600,000 or any other sum to be expended under the direction of the School Building Committee for the purpose of constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services and construction management services to be located at the Calzetta Farm site; to determine whether this appropriation shall be raised by borrowing or otherwise; 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 other aCtion relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 13. ARCHITECTURAL FEES FOR SCHOOLS. To see if the Town will vote to rescind the action taken under Article #19 of the 1989 Annual Town meeting or to take any other.action. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. 13 ARTICTm 14. GENERAL APPROPRIATION ARTICF~ FOR FISCAL YEAR 1993. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning July 1, 1992, and ending June 30, 1993~ or to take any other action relative thereto. Board of Selectmen FY 92 FY 9:5 FY 93 FY 93 DEPARTMENT BUDGET DEPARTMENT BD OF SELECTMEN ADVISORY BOARD REOUESTS RECOP1HENDATIONS RECOMHENDATIONS GENERAL GOVEI~NHENT TOWN MANA6ER & BOARD Of SELECTMEN - includes Personnel (Salacies 8, Expenses) SALARIES $1:50,040.00 EXPENSES $42,;~00.00 OUT OF STATE TRAVEL $0.00 TOdN ACCOUNTANT SALARIES $105,6:53.00 EXPENSES $6,880.00 TOWN MODERATOR SALARIES $200.00 $130,040.00 $128,710.00 $128,710.00 $42,:500.00 $58,024.00 $58,024.00 $0.00 $0.00 $0.00 $115,48g~0 $113,48g.00 $115,48990 $4,350.00 $4,350.00 $4,350.00 $200.00 $200.00 $200.00 ADVISORY BOARD SALARIES $0.00 $0.00 $0.00 $0.00 EXPENSES $4,000.00 $4,000.00 $8,500.00 $8,500.00 LE6AL AND AUDIT SALARIES tO.O0 EXPENSES $95,000.00 $0.00 $0.00 $0.00 $95,000.00 t90,250.00 $90,250.00 UNCLASSIFIED EXPENSES $1,200.00 $1,200.00 $2,000.00 $2,000.00 TOTAL - 6ENERAL 6OVERNHENT SALARIES $235,87:5.00 $243,72g.00 $242,:599.00 $242,399.00 EXPENSES $149,380.00 $146,850.00 $163,124.00 $163,124.00 OUT OF STATE TRAVEL $0.00 $0.00 ~0.00 $0.00 ~305,253.00 ~390,579.00 ~405,523.00 ~405,523.00 ADMINISTRATION AND FINANCE TREASURY - Includes Assessing & Collection (Salaries & Exponses) SALARIES $326,49g.00 $347,197.80 EXPENSES $186,810.00 $103,83g.00 $347,198.00 $347,198.00 $103,339.00 $103,339.00 FY '92 DEPARTMENT BUDOET FY '93 DEPARTMENT REQUESTS FY 95 BD OF SELECTMEN RECOMMENDATIONS FY 9;~ ADVISORY BOARD RECOMMENDATIONS ADMINISTRATION AND FINANCE (con'd) TOlm'H CLERK SALARIES $50,631.00 $51,221.00 $51,221.00 $51,221.00 EXPENSES $47,700.00 $47,000.00 $47,000.00 $47,000.00 DEBT REDEMPTION EXPENSES $1,606,000.00 INTEREST ON DEBT EXPENSES $1,794,893.08 EMPLOYEE BENEFITS EXPENSES $2,810,954.00 6ENERAL INSURANCE EXPENSES $ 1,678,500.00 $1,442,099.97 $2,700,070.00 $1,520,000.00 $1,520,000.00 $ 1,608,899.00 $ 1,608,899.00 $2,620,070.00 $2,620,070.00 $550,000.00 $550,000.00 $522,500.00 $522,500.00 TOTAL - ADMINISTRATION AND FINANCE SALARIES $377,130.00 $398,418.80 $398,419.00 $398,419.00 EXPENSES ~6.~996,357.08 . .$6~521,508.;97. $6~421,808.00 $6,421,808.00 $7,373,487.08 .$6,919,927.:7~.. $6,820,227.00 $6,820,227.00 PUBLIC SAFETY POLICE DEPARTHENT SALARIES EXPENSES OUTOFSTATETRAVEL $1,425,098.00 $26g,258.00 $o.oo FIRE DEPARTMENT SALARIES EXPENSES 0UTOFSTATE TRAVEL $1,887,741.00 $121,927.00 $o.oo CIVIL DEFENSE SALARIES EXPENSES $3,g03.60 $2,825.00 TOTAL - PUBLIC SAFETY SALARIES EXPENSES OUT OF STATE TRAVEL $1,499,885.00 $194,471.00 $o.oo $1,887,741.00 $125,622.00 $o,oo $3,g03.60 $2,825.00 $1,499,885.00 $174,471.00 $o.oo $1,887,741.00 $105,611.00 $o.oo $3,904.00 $2,825.00 $1,499,885.00 $174,471.00 $o.oo $1,887,741.00 $105,611.00 $o.oo $3,904.00 $2,825.00 $3,;~16,742.60 $394,010 ~o.oo ~3~710~752,60 $3,391,529.60 $322,918.00 to.oo $$~714~447.60 $;~,391,530.00 $282,907.00 to,oo $;~674~437.00 $5,391,530.00 $282,907.00 $o.oq, $~67~437.00 15 DEPARTMENT FY `92 BUDGET FY '93 DEPARTMENT REQUESTS FY 93 BDOFSELECTHEN RECOflMENDATIONS FY `93 ADVISORY BOARD RECOHMENDATIONS EDUCATION SCHOOL DEPARTMENT SALARIES EXPENSES $10,480,790.00 $3,04g,492.00 $11,244,472.00 $3,673,813.00 $10,760,7g0.00 $3,049,492.00 $11,18g,2go.o0 * $3,111,492.00 * GR. LAW. REG. VOCATIONAL SCHOOl. ASSESSMENT $ 138,713.00 $174,171.00 $174,171.00 $174,171.00 SCHOOL BUILDIN6 COMMITTEE SALARIES $2,631.00 EXPENSES $5,810.00 $2,631.00 $5,810.00 $2,631.00 $5,810.00 $2,631.00 $5,810.00 TOTAL - EDUCATION SALARIES $10,483,421.00 EXPENSES $3,194,015.00 $13.677,4~6.00 $11,247,103.00 $3,853,794.00 $15,100,897.00 $10,763,421.00 $3229,473.00 $13,992,894.00 $11,191,921.00 $3,291,473.00 $14,483,394.00 The Advisory Beard recommemleUoo oB the School department budget requires thet $420,500 of Salaries end $62.000 of Expenses be appropriated subject to a successful Preposition 2 112 General Override election. PUBLIC WORKS D.P.W. - ADMINISTRATION AND OPERATIONS - includes Sb'est Maint., Refuse Col., Tree, Pks. & Grnds, Pub. Bldgs. (Salaries & Expenses) SALARIES $758,678.00 $760,685.00 $725,922.00 EXPENSES $1,052,900.00 $1 ,ogg, 156.00 $1,080,434.00 OUT OF STATE TRAVEL $0,00 $0.00 $0.00 $725,922.00 1,080,434.00 $o.oo D. P. W. - WATER DEPARTMENT SALARIES $264,400.00 EXPENSES $452,700.00 OUT Of: STATE TRAVEL $0.00 $271,360.00 $271,360.00 $271,360.00 $434,764.00 $391,000.00 $391,000.00 $o.oo $o.oo $o.oo D. P. W. - SEVER DEPARTMENT SALARIES $120,515.00 EXPENSES $16,600.00 $117,300.00 $ 145,200.00 $145,200.00 $30,600.00 $80,100.00 $80,100.00 D. P. W. - GR. LAW. SANITARY DISTRICT ASSESSMENT 185 !,000.00 $851,000.00 $9232:56.00 $923,236.00 D. P. W. - SNOrt REMOVAL SALARIES $30,000.00 $30,000.00 $:30,000.00 $~0,000.00 EXPENSES $94,200.00 $94,200.00 $94,200.00 $94,200.00 ].6 FY FY '93 DEPARTHENT BUDOET DEPARTHENT REQUESTS FY '93 BD OF SELECTMEN RECOMMENDATIONS FY 93 ADVISORY BOARD RECOMMENDATIONS PUBLIC WORKS (con'L) TOTAL - PUBLIC WORKS SALARIES $1,173,595.00 $1,179,$45.00 $1,172,482.00 $1,172,482.00 EXPENSES $2,467,400.00 $2,509,720.00 $2,568,970.00 $2,568,970.00 OUT OF STATE TRAVEL $0.00 $0.00 $0.00 $0.00 $3,640,993.00 $3,689,065.00 $3,741,452.00 $3,741,452.00 PLANNING AND COMMUNITY DEVELOPMENT PLANNING DEPARTMENT - includes Con. Comm. & Bd of' Appeals (Salaries & Expenses] SALARIES $166,684,00 $162,904,08 EXPENSES $9,673.00 $10,475.00 OUT OF STATE TRAVEL $0.00 $0.00 $158,906.00 $9,075,00 $o.oo $158,906,00 $9,075.00 $o.oo BUILDING DEPARTHENT - includes Sealer of' WeighLs/Heasures & Animal Inspect.. (Salaries & Expenses) SALARIES $117,940.32 $119,078.$2 $127,635.00 EXPENSES $5,650.00 $4,512.00 $5,012.00 $127,635.00 $5,012,00 INOUSTRIAL DEVELOPMENT COMMISSION EXPENSES $ 1,500.00 $ 1,500.00 $ 1,500.00 $1,500.00 TOTAL - PLANNING & COHM, DEVEL, SALARIES $284,624.$2 $281,982.40 $286,541.00 $286,541.00 EXPENSES $16,823.00 $16,487.00 $15,587.00 $15,587.00 OUT OF STATE TRAVEL $0.00 $0.00 $0.00 $0.00 $301,447.$2 $298,469.40 $302..~ 128.00 $302,128.00 HUMAN SERVICES HEALTH DEPARmENT SALARIES $59,216.00 $60,782.86 $62,163.00 EXPENSES $29,900,00 $44,075.00 $;56,575.00 $62,163.00 $36,575.00 COUNCIL ON AGING SALARIES $69,393.00 $69,880.60 $79,141.00 EXPENSES $12,596.00 $12,108.00 $12,108.00 $79,141.00 $12,108.00 YOUTH SERVICES SALARIES $46,000.00 $49,529.14 $47,260.00 $47,260.00 EXPENSES $9,860.00 $7,591.00 $g, lo0.o0 $9,100.00 17 FY 92 DEPARTMENT BUD6ET FY 9~ DEPARTHENT REOUESTS FY 93 BD OF SELECTMEN RECOMMENDATIONS FY 93 ADVISORY BOARD RECOMMENDATIONS HUMAN SERVICES (con't,) VETERANS SERVICES - includes Graves Registrar. ion (Salaries & Expenses) SALARIES $400,00 EXPENSES $12,350.00 COMMUNITY CENTER SALARIES $2,285.00 EXPENSES $3,950.00 STEVENS MEMORIAL LIBRARY SALARIES $212,048.00 EXPENSES $90,484.00 $400.00 $400.00 $400.00 $27,550.00 $27,550.00 $27,550.00 $2,285.00 $0.00 $0.00 $;~,950.00 $0.00 $0.00 $219,345.00 $213,345.00 $213,345.00 $83,187.00 $89,187.00 $89,187.00 RECREATION SALARIES $ !5,000.00 $15,000.00 $15,000.00 $15,000.00 EXPENSES $6,000.00 $6,000.00 $6,000.00 $6,000.00 $600.00 $600.00 $600.00 $600.00 HISTORICAL COMMISSION EXPENSES TOTAL - HUMAN SERVICES SALARIES $404,342.00 $417,222.60 $417,309.00 $417,309.00 EXPENSES $ 165,740.00 $185,061.00 $181,120.00 $181,120.00 $570,082.00 $602,283.60 $598,429.00 $598,429.00 SUMMARY SALARIES $16,275,725.92 $17, ! 59,330.40 $16,672,101.00 $17,100,601.00 EXPENSES $13,383,725.08 $13,556,338.97 S 12,862,989.00 $12,924,989.00 OUT OF STATE TRAVEL $0,00 $0.00 $0.00 $0.00 6RAND TOTAL $29~659~451.00 $30i715~669.37 $29~535~090.00 $30~025,590.00 18 ARTICLE 15. STATE AID TO EDUCATION. To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as designated state aid to education; or take any other action relative thereto. Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as state aid designated for education. ARTICTm 16. RENTAL AGREEMENT. To see if the Town will vote to authorize the School Committee to enter into a rental agreement with the First Calvary Baptist Church to lease additional classroom space to supplement capacity at the Atkinson School for a period not to exceed five (5) years; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. ARTICTm 17. TRANSFER OF ENCUMBERED SALARY FUNDS. To see if the Town will vote to transfer the School Department's FY 1993 salary account $ 80,590.00 encumbered from FY 1991 and FY 1992 salary accounts. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTIC?m 18. SCHOOL B~S TRANSPORTATION. To see if the Town will vote to raise and appropriate (borrow or transfer from available funds) the sum of $ 206,502.00, to be expended under the direction of the School Committee, to bus to and from school students in grades 7-12 who live 2 miles or more from school and students in grades 1-6 who live I 1/2 to 2 miles from school, provided that said funds be subject to a successful Prop. 2 1/2 general override election; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. 19 ARTICLE 19. WATER TREATMENT PLANT - ~ ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $100,000 as an addition to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTIC?m 20. NESWC REFUNDING ARTICLE. To see if the Town will vote to authorize the Selectmen to take such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource recovery facility referred to in the Service Agreement between the Town and Massachusetts Refusetech, Inc. including without limitation the substitution of Wheelabrator Technologies Inc. for Allied-Signal Inc. as the guarantor of performance under the Service Agreement and the execution and delivery of such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Board of Selectmen shall determine necessary and in the best interests of the Town to effect such refunding; or act in any other manner in relation thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 21. PURCF~%SE OF PUMP STATION FROM ANGUS REALTY. Public Sewer and Lift Station Acquisition. To see if the Town will vote to raise and appropriate the sum of $ 467,500.00 to be expended under the direction of the Board of Selectmen for the purpose of purchasing a private sewer and lift station constructed by Angus Realty and to acquire by fee and/or easement an interest in the real estate in the vicinity of Great Pond Road and Osgood Street on which the sewer pump station is located as well as all equipment and the building containing the pump station; and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $ 467,500.00 under M.G.L. Chapter 44; Section 7 for said purpose. And to meet this appropriation a special betterment' assessment under M.G.L. Chapter 80 and 83 shall be made upon the property benefited by such sewer and pump station acquisition. Board of Selectmen Board of Selectmen Recommendation: Favorable Action, provided that the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified by a firm of Certified Public Accountants and the acquisition shall not be 20 made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Advisory Board Recommendation: Favorable Action, provided that the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified to by a firm of Certified Public Accountants, and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 22. M.G.L. CHAPTER 40, SECTION 57. To see if the Town will vote to adopt Section 57 of Chapter 40 of the Mass. General Laws which allows any city or town to deny or suspend any local license or permit, including renewals, for any person or business who has failed to pay municipal taxes or charges. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action ARTICLE 23. AUTHORIZATION OF M.G.L. CHAPTER 90 - HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 360,578. for M.G.L. 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 $ 360,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: FavorableAction. ARTICLE 24. AMEND AUTHORIZATION TO BORROW - CALZETTA SITE LAND PURCHASE. To see if the Town will vote to reduce the authorization to borrow, as voted under Article #4 of the March 30, 1989, Special Town Meeting; said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $73,000 so that the total authorization as amended is $952,000, or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. 21 ARTICLE 25. WETLAND FILING FEES. To see if the Town will vote to appropriate $. from the Wetland Filing Fees Account for use by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. Conservation Commission Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 26. ACCEPTANCE OF EEO MONEY. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 93 in accordance with M.G.L. Chapter 70A, as inserted by St. 1985, C. 188; or to take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICT~ 27. ACCEPTANCE OF EEO MONEY. To see if the Town will vote to approve the acceptance by the Greater Lawrence Regional Vocational Technical High School District of an Equal Education Opportunity Grant pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 28. RESERVE FUND. To see if the Town will vote to raise and appropriate a sum of money to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: amount of $75,000. Favorable Action, in the Advisory Board Recommendation: of $75,000. Favorable Action, in the amount ARTICLE 29. SCHOOL COMMITTEE ~EMBEI~SHIP ON THE SCHOOL BUILDING COMMITTEE. To see if the Town will vote to authorize the School Committee, notwithstanding the provisions of Article #34 of the 1945 Annual Town Meeting, to appoint three members to the School Building Committee annually, at least one appointee to be a member of the School Committee and the two remaining 22 appointees to be either members of the School Committee or other citizens of the Town. All current appointments to the School Building Committee will remain in effect until the expiration of their terms of office. All new appointments will be made in accordance with this section. The four remaining appointments made by the Moderator will not change, or take any other action related thereto. School Committee ARTICLE 30. VOTE THE TOWN ACCEPT THE PROVISIONS OF M.G.L. CH. 30B. To see if the Town will vote to adopt M.G.L. Ch. 30B which define procurement procedures for municipalities or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 31. ADOPTION OF PERSONNEL BY-LAW. To see if the Town will vote to repeal its "Personnel By-Law" as originally adopted at the Annual Town Meeting of March 14, 1964, Article #10, (and since amended from time to time) and to enact and substitute in its place the "Personnel By-Law" as proposed and presented by the Personnel By-Law Committee. Full text of the proposed by-law will be available at Town Hall, Stevens Memorial Library, with the posting of the Warrant in each voting precinct, and at Town Meeting. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. ARTICLE 32. TOWN MEETING EXPENDITURES REQUIRING MORE THAN $I MILLION FOR ANY CONSTRUCTION PROJECT. To see if the Town will vote to require any Article which is passed at a Town Meeting requiring an expenditure of more than $ 1,000,000.00 (One Million Dollars) for any construction project be placed on a ballot to be voted on by the Town Voters of North Andover at the next regular election or on a special election if necessary. Action may include any necessary amendments to the Town Charter or by-laws. George F. Henderson and Others Board of Selectmen Recommendation: To be made at Town Meeting. ARTICLE 33. TOWN MEETINGS. To see if the Town will vote to return Town Meetings to Saturday in place of evening meetings including any necessary amendments to the Town Charter or By- Laws. George F. Henderson and Others Board of Selectmen Recommendation: To be made at Town Meeting. 23 ARTICLE 34. REVISIONS TO BYLAW. To see if the Town will vote to delete Chapter 9 from Part 1, Division 1 of the Codified Bylaws of the Town of North Andover. Conservation Commission Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLE 35. FIRE DETECTION AND ALARM SYSTEMS. To see if the Town will vote to amend the Town By-Law striking from Article #1 Fire Detection and Alarm Systems Section 69-1 through 69-7 and to insert the following language listed as Sections 69-1 through 69-7.4. SECTION 69-1 PURPOSE AND SCOPE This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire and medical aid alarm systems shall include systems connected to the Fire Department by the municipal fire alarm circuit, direct wire, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. SECTION 69-2 ALARM INSTALLATION AND PERMIT REQUIREMENTS As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing alarm systems must obtain permit within three (3) months of the effective date of this by-law. The Fire Chief shall prescribe an application form for implementation of this by-law. The fee for this alarm permit shall be ten dollars ($10.00). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15.00). Changes in the permit or inspection fees may be made with sixty days notice to the general public and with the approval of the Board of Selectmen. be Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. 24 Ce Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emerqency Fire Department telephone number designated for that purpose. do Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire Chief for this service. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alarm receiving equipment. The Fire Department will make every effort to insure the proper operation of its alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. SECTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148 Section 27A and Section 28. SECTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT Ail alarm systems installed after the effective date of this by-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. Ail existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this by-law. This section shall not apply to audible sprinkler alarm bells either mechanical or electrical which are utilized to indicate a water flow. SECTION 69-5 ALARM SYSTEM REGULATIONS AND MAINTENANCE ae Each alarm user shall submit to the Fire Chief the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this 25 information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of M.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69 5(a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. Co Ail premises shall have their legal street number clearly visible as per existing town by-law prior to connection of any alarm to the Fire Department. Ail premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. SECTION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. SECTION 69-7 FALSE ALARM ASSESSMENT Definition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. A® Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: 26 Fire Alarm & Emergency Medical Systems FALSE ALARM 1 THROUGH 3 4 THROUGH 5 6 OR MORE ASSESSMENT NONE $200.00 EACH $5O0.00 EACH The Fire Chief shall have the authority to waive any assessment if in his judgement extenuating circumstances justify such a waiver. After a third false alarm within twelve months, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the current twelve (12) month period, from the date of the first false alarm, will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessments. It is the intent of this section to have the systems maintained on a regular basis. be False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. False alarms received during the first thirty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. de Determination that a false alarm has been transmitted will be the judgement of the Fire Chief or his duly appointed duty officer. so Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. SECTION 69-7.1 CONNECTION FEES Each alarm user shall on or before October 1st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.O0/alarm box $ 10.00/signal NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. EXEMPTIONS Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 SECTION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more that $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) ae Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. be Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Ce Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. de Failure to comply with the requirements set forth in these regulations. eo Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. fe Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. go Causing, through negligence, a condition which interferes with the operation of, or causes damage to the municipal fire alarm system. ho Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification of the residents of a dwelling shall be installed and/or maintained in a usable state. 28 Section 69-7.3 APPEALS Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the appellant is still not satisfied, a further appeal may be made to the Board of Selectmen whose ruling shall be final and binding. Section 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. Fire Chief William V. Dolan Board of Selectmen Recommendation: Favorable Action. ARTICLE 36. AMEND THE CODE OF THE TOWN OF NORTH ANDOVER. To see if the Town will vote to amend Chapter 77, Section 77-1 of the Code of North Andover to read as follows: Section 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees A® Be Ce De Ee The estimated cost of new construction shall be based on a cost factor of sixty five ($65.00) dollars per square foot. Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. Copies of actual contract price shall be submitted with the Building Permit Application. Building permit fees shall not be required for municipally owned building or structures. Fees will be paid on mechanical and utility work only. 29 The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. Board of Selectmen Recommendation: Favorable Action. ARTICLE 37. AMEND GENERAL BYLAWS - SECTION 117-2. To see if the Town will vote to amend Chapter 117-2 of the General By- laws of the Town, by deleting the existing Section 117-2 in its entirety and substituting the following: Gasoline stations may be operated as either full- service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline is generally pumped by the customer holing the nozzle; or a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others Board of Selectmen Recommendation: Unfavorable Action. ARTICLE 38. OPPOSITION OF HOLLINGS BILL. To see if the Town will vote to direct the Board of Selectmen to communicate the vote of Town Meeting to the Town's representatives in Congress, the entire Massachusetts delegation and the President· That the Town of North Andover does not support legislation in Congress, known as the "Hollings Bill", that threatens the security of jobs in the Merrimack Valley and the technology leadership of the United States of America in the areas of telecommunications, transmission equipment and services. Mark S. DiSalvo and Others ARTICLE 39. REDUCTION OF MILITARY EXPENDITURES. To see if the Town will vote to instruct our Representative Nicholas Mavroules and our Senators, Edward M. Kennedy and John F. Kerry, to take all suitable measures: To enact reductions in military expenditures of at least fifty percent (50%) by the 1996 budget year. To provide assistance to communities and employers to convert from military to peace-time production; and 30 To reallocate funds from military uses to meet domestic needs such as health care, education and environmental protection, and to reduce the federal deficit. Lois P. Fisher and Others ARTICLE 40. RE?~ASE OF EASEMENT - BRIDLE PATH. To see if the Town will vote to release its right, title and interest in a twenty (20) foot drainage easement over and across lots one (1) and thirty four (34), Bridle Path Road, North Andover, being N/F of Mr. James and Margaret Walker. Being more specifically shown on a plan entitled "Definitive Plan of Land of Great Pond Woodland, located in North Andover, Massachusetts" Dated August 23, 1976, Frank C. Gelinas and Assoc., Engineers, which plan is recorded with the Essex North Registry of Deeds as Plan #7548. William A. Cyr, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, upon securing correct easements. ARTICLE 41. ROADWAY ACCEPTANCE - DUFTON COURT. To see if the Town will vote to accept Dufton Court as a Public Way, as shown on the following plans: Plan entitled Plan of Land owned by the Andover Savings Bank, in North Andover, Massachusetts, dated July 1936, prepared by D.W. Clark C.E., and recorded with the North Essex Registry of Deeds on 9/24/36 as plan # 998. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICTm 42. ROADWAY ACCEPTANCE - EVERGREEN DRI~E. To see if the Town will vote to accept Evergreen Drive as a Public Way, as shown on the following plans: Plan entitled Plan of Chestnut Acres, North Andover, Massachusetts prepared by Frank C. Gelinas, 56 Gray Street, North Andover, Massachusetts, dated May 16, 1967 and recorded with the North Essex Registry of Deeds on October 2, 1967 as Plan #5738. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 31 ARTICLE 43. ROADWAY ACCEPTANCE - SUTTON PLACE. To see if the Town will vote to accept Sutton Place as a Public Way, as shown on the following plans: Plan entitled Plan and profile of a portion of Sutton Hill, North Andover, Massachusetts, dated November 1966, prepared by Charles E. Cyr, C.E., Lawrence, Massachusetts, and recorded with the North Essex Registry of Deeds on August 4, 1967 as plan #5709. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 44. ROADWAY ACCEPTANCE - BERKELEY ROAD. To see if the Town will vote to accept Berkeley Street as a Public Way, as shown on the following plans: Plan entitled "Plan of Trafalgar Estates, located in North Andover Massachusetts, owned by Thomas J. Flatley", dated October 27, 1976, prepared by Frank C. Gelinas and recorded in the North Essex Registry of Deeds on March 3, 1978, as Plan #7778. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 45. ROADWAY ACCEPTANCE - SPRUCE ANDHEMLOCK STREETS. To see if the Town will vote to accept Spruce and Hemlock Streets as Public Ways, as shown on the following plans: Plan entitled "Plan and Profile of a portion of Spruce and Hemlock Streets, North Andover, Massachusetts", dated November 1948, and prepared by Fred W. Stowers R.S. Methuen, Massachusetts and recorded with the North Essex Registry of Deeds on December 22, 1948 as Plan #1977. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 32 ARTICTm 46. ROADWAY ACCEPTANCE - MILL ROAD To see if the Town will vote to accept Mill Street as a Public Way, as shown on the following plans: Plan entitled "Estate of Harriet Fisher, North Andover, Mass." Prepared by Horace Hale Smith, Dated Oct 1922 and recorded with the North Essex Registry of Deeds on Nov. 21, 1922 as plan # 485; Plan entitled "Plan of Land in North Andover, Mass." Dated Oct 16, 1985, Prepared by Hayes Engineering Inc., Wakefield Mass., Recorded with the N.E.R.D. on 12/6/85 as plan # 10115; Plan entitled "Plan of Land in North Andover, Mass. as surveyed for Helen M. Kellner" Dated 1/6/86, Prepared by Robert G. Goodwin, Andover Mass., Recorded with the N.E.R.D. on 8/8/86 as plan # 10390; Plan entitled "Plan of Land in North Andover, Mass., as surveyed for Helen M. Kellner" Dated April 12, 1982, Prepared by Robert G. Goodwin, Andover, Mass., recorded with the N.E.R.D. on 10/8/82 as plan # 8988; Plan entitled "Plan of Land in North Andover, Mass., Owned by Helen M. Kellner". Dated April 17, 1981, Prepared by Robert G. Goodwin, Andover, Mass., and Recorded with the N.E.R.D. on April 15, 1981 as plan # 8608; Plan entitled "Plan of Land in North Andover, Mass., owned by Sydney C. Rea, Dated Feb. 15, 1956, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., Recorded with the N.E.R.D. on May 9, 1956 as Plan # 3250; Plan entitled "Plan of Land in North Andover, Mass., for Yankee Technology Corp., Dated 8/13/83, prepared by Plaistow Consultants, and recorded with the N.E.R.D. on Oct. 13, 1983, as plan # 9273; Plan entitled "Plan of Starrett Acres, North Andover, Mass., owned by George H. Farr & Wanda H. Farr, dated Nov. 2, 1963, prepared by Harry D. Berry and recorded on 2/14/64 as plan # 4945; Plan entitled "Plan of Land in North Andover, Mass., owned by Kathryn A. Starrett, Dated 10/16/59, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., recorded with the N.E.R.D on Nov. 2, 1959 as plan # 3965. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 33 ARTICLE 47. ROADWAY ACCEPTANCE - CHRISTIAN WAY. To see if the Town will vote to accept Christian Way from Bridges Lane to its end, a street constructed by developers under the requirements of the Subdivision Control Law and as laid out according to plans duly recorded with the North Essex Registry of Deeds as Plan #10469 on file with the Town Clerk, including the taking or acceptance of easements as shown on said plans; or take any other action relative thereto. The taking or acceptance to be from Station 0.00 on said Plan Westerly to Station 3 & 61 and Easterly to Station 11 & 28. Nancy B. Norbedo and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, with resolution of any Department of Public Works' issues. ARTICLE 48. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if the Town will vote to accept Tiffany Lane as a public way. Said Tiffany Lane is set out in a definitive subdivision plan approved by the North Andover Planning Board of June 2, 1988, and recorded at the Essex North Registry of Deeds as Plan #11162. Peter G. Shaheen and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 49. ROADWAY ACCEPTANCE - CRANBERRY LANE. To see if the Town will vote to accept the roadway as a public way, namely Cranberry Lane from Station 0-00 to Station 7-63.15 as shown on a plan entitled "Cranberry Lane Subdivision Plan of Land in North Andover, Massachusetts, for Flintlock Realty Trust, P.O. Box 531, North Andover, Massachusetts", prepared by DiPrete, Marchionda & Assoc., Inc., 185 New Boston Street, Woburn, Mass., dated February, 1986 with revisions through September 19, 1986 and recorded in Essex North Registry of Deeds as Plan No. 10461. David A. Kindred and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 50. REZONE PARCEL OF LAND AT 846 CHESTNUT STREET. To see if the Town will vote to rezone 846 Chestnut Street, map 00107C, parcel 000019 recorded in the Northern Essex Registry of Deeds in Book 3149, Page 254, dated 8-20-90 from Industrial One (1) to Residential Two (2). Louise A. Digrandi, Kathleen A. Wassberg and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Reco-mendation: Favorable Action. 34 ARTICLE 51. REZONING PARCEL OF LAND ON CHICKERING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shown as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded with the Essex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, TruStee of Doe Family Trust; deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 35 ARTICLE 52. MODIFY ZONING BYLAW, SECTION 4.125. To see if the Town will vote to modify the Zoning Bylaw, Sections 4.125 Residential Six, (R-6), Buildings and Uses permitted, as follows: A. Delete usage 4.125 ( 2 ) , "Two family residential structures". Delete usage 4.125(3), "Multi-family structures, not exceeding 7 dwelling structure." residential units per Renumber usages 4.125(4) through 4.125(21) as 4.125(2) through 4.125(19) respectively. De Following 4.125-19, as renumbered, relating to uses allowed by Special amended so as to read as follows: the paragraph Permit shall be "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" Ee Add a paragraph 5 to uses allowed by Special Permit to read as follows: Multi-family residential structures, not to exceed 7 dwelling units per structure. Ail multi-family structures shall conform to the following dimensional criteria: Lot area min. sq. ft: 130,680 Street frontage min. ft: 150(13) Side set back min. (ft) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max. (ft) 35 Front set back min. 25 Rear set back min. 30 Lot coverage max. 20% Herbert P. Redman and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 53. MODIFY ZONING BYLAW, TABLES i & 2. To see if the Town will vote to modify Tables 1 & 2 of the Zoning Bylaw with respect to the Residential Six Zoning District, as follows: TABLE 1, SUMMARY OF USE REGULATIONS Amend the Residential Six (R-6) Column as follows: Us~ Two Family Dwelling Yes Multi Family Dwellings Yes* Existing Proposed No* SP* 36 TABLE 2, SUMMARY OF DIMENSIONAL REQUIREMENTS Requirement Lot Area Min. Sq. Ft. Height Max. (ft) Street Frontage Min. ft Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor Area Ratio Max. Lot Coverage Max. Dwelling Unit Density Existing Proposed 130,680 5,000 35 35 150(13) 75(13) 25 20 15 12 30 25 0.25:1(15) 0.25:1(15) 20% 25% 9/acre(12) N/A Herbert P. Redman and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 54. AMENDMENT OF ZONING BYLAWS. To see if the Town will vote to amend its Zoning Bylaws by changing the zoning map of the Town from R-2 to I-1 for the hereinafter described parcel of land. That portion of Parcel 75 on the current North Andover Assessors's Map 25 which is Southerly of the present zoning line. Said parcel in its entirety is shown to contain 26.04 acres. The portion of the Parcel that is presently zoned R-2 contains approximately 8 acres. The portion that is Southerly of the present zoning line is generally bounded and described according to said Assessor's Map as follows: EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY by land of ARC Corporation and land of Alison J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the T~astees of Reservations; and by other land of Business Park Trust and land of WOR Associates Limited Partnership Stephen E. Foster and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. 37 ARTICLE 55. AMEND ZONING BY-LAW. To see if the Town will vote to amend the North Andover Zoning By-Law and map to change from the existing zoning designation Business-1 to Business-2 the following parcel of land situated at Saville Street, North Andover, bounded and described as set forth in exhibit to be attached hereto. EXHIBIT A That certain parcel of land situated in North Andover in the County of Essex and said Commonwealth, bounded and described as follows: Northwesterly by Saville Street one hundred seventy-six and 38/100 (176.38) feet; Northeasterly by lot six (6) as shown on plan hereinafter mentioned one hundred fifty-two and 8/10 (152.8) feet; Southeasterly by land now or formerly of Calvin C. Rea sixty-four and 42/100 (64.42) feet, and Southerly in a broken line by land now or formerly of Harry W. Clark two hundred eighteen and 1/10 (218.10) feet. Ail of said boundaries are determined by the Court to be located as shown on Plan No. 3263B, drawn by Ernest W. Branch, Surveyor, dated August 20, 1913, as modified and approved by the Court, filed in the land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 385, Book 3, Page 513, and being designated as lots one (1) to five (5) inclusive thereon. Also lots six (6) to eleven (11) inclusive as shown on above-mentioned plan bounded and described as follows: 38 Northwesterly by Saville Street one hundred twenty (120) feet; Westerly by Saville Street sixty (60) feet; Northerly by lot twelve (12) on said plan one hundred (100) feet, and Southeasterly by land now or formerly of Calvin C. Rea two hundred fifty-nine and 01/100 (259.01) feet. Douglas E. Small and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 56. AMENDMENT OF THE ZONING BYLAW. To see if the Town will vote to amend Section 4.133 Paragraph 6 of the North Andover Zoning Bylaw by adding the following wording: "Any dumping of ash or other hazardous material generated by such facility shall be subject to a Special Permit." Manuel F. Arista and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action with amendment, Special Permit Granting Authority to be the Planning Board. 39 ARTICLE 57. AMENDMENT OF ZONING BYLAW RELATIVE TO THE REGULATION OF SIGNS AND OUTDOOR LIGHTING. To see if the Town will vote to amend the Zoning Bylaw by removing the following paragraph as it may relate to the regulation of Signs and Outdoor Lighting: Paragraph 6.7.6 No political sign shall be maintained or erected in the Town. Ail associated text shall be punctuated and renumbered appropriately. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 58. RESTRICT TRAVEL OF SAT.~M STREET, APPLETON STREET AND DATE STREET. TO see if the Town will vote to restrict travel on Salem Street, Appleton Street, Dale Street and Boxford Street to vehicles weighing less than 2 1/2 tons and post those streets with signs indicating that restriction is in effect. Explanation: As a result of restricting travel on Great Pond Road and others, through traffic has been funnelled to Salem Street, Appleton Street, Dale Street, and Boxford Street. This article would direct heavy trucking to the State Highways Route 125 and 133 where it belongs. Paul G. Dyer and Others Board of Selectmen Recommendation: To be made at Town Meeting. 40 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 17th day of April, Nineteen Hundred and Ninety-Two. NORTH ANDOVER BOARD OF SELECTMEN ~~rman ERIC ~. BAKERMAN, Member SEAN J. FOUNTAIN, Member ~ i_ DONALD B. STEWART, Member Atte~~..~.~.~.~~.. O Constable ~ J~ f/~ North Andover, Massachusetts~ ~~~ ~ ~_ CD~Ng~. L LONG~ ~'o~n ~ ATTEST: A True Copy 41 Notes 42 TOWN OF NORTH ANDOVER SOURCE AND APPLICATIONS OF FUNDS FOR FY '92 AND RECOMMENDATIONS FOR FY '9;5 SOURCE OF FUNDS: Tax Levy 2 1/2 Limit New Orowth General Override - Bussing Oeneral Override - 8chool Operations Total Tax Levy Loo~l Receipts State Aid Enterprise Revenue Other ~urces Total Sources of Funds APPLICATION OF FUNDS: Operating Budgets BUDOET BOARD OF SELECTMEN ADVISORY BOARD FY '92 RECOMMENDATION RECOMMENDATION FY '93 FY '93 $19,138 $19,805 $19,805 $478 $495 $495 $189 $180 $180 $206 $206 $491 $19,805 $20,686 $21,177 $$,$96 $3,091 $$,091 $2,567 $2,252 $2,252 $5,313 $5,447 $5,447 $81 $31,081 $31,557 $32,048 Education $13,677 $13,992 $13,992 PLUS: Override- Bussing $206 $206 Override - Operations $491 Oeneral Oovernment $ 7,420 $7,$70 $7,370 Debt (P & I) $1,028 $952 $952 Enterprise-Expense $1,705 $1,811 $1,81 I Enterprise-Debt ( P & I) $2,373 $2,177 $2,177 Oeneral Insurance $550 $523 $523 Health Insurance $1,600 $1,520 $1,520 Retirement Benefits $1,211 $1,100 $1,100 Legal and Audit $95 $90 $90 Sub-total Other Articles and Charges: Articles - O.A.C. Replmt. Fd. Capital Improvements Reserve Fd. Transfer - Encumbered Funds Cherry Sheet Reserve Fund Reserve - Accts. Rec. (Taxes) Reserve - Fixed Costs/Charges $29,659 $29,741 $30,232 $150 $100 $100 $0 $$36 $0 $545 $550 $550 $652 $400 $400 $75 $75 $75 $0 $231 $231 $31,557 Total Application of Funds $82,048 Article # 14 - Budge[ Detail The budget detail listed below Is presented with the Intent of' providing supplemental information on the FY ~)3 proposed budget (Article · 14). This information is not to be considered part of the article. Also, this information will not be VOTED at Town Meeting in the format as presented in this section. DEPARTHENT NUHBER & NAI'IE FY 92 FY 93 BUDGET DEPARTHENT REQUESTS FY 93 FY 93 BDOFSELECTMEN ADVISORYBOARD RECOHMENDS RECOI'IMENDS GENERAL GOVERNMENT 1230 TO'a~FlANAGER SALARIES $116,210.00 $116,210.00 $116,210.00 $I16,210.00 EXPENSES $34,750,00 $34,750,00 $53,724.00 $53,724.00 OOTOFSTATETRAVEL $0.00 $0.00 $0.00 $0,00 TOTAL $150,g60,00 $150,g60.00 $16g,934.00 $169,934.00 1520 PERSONNEL SALARIES $13,830.00 $13,830.00 $12,500.00 $12,500.00 EXPENSES $7,550.00 $7,550.00 $4,300.00 $4,300.00 TOTAL $21,380,00 $21,380.00 $16,800,00 $16,800.00 1350 TO'.'lt ACCOUNTANT SALARIES EXPENSES $105,633.00 $113,489.00 $113,489.00 $113,489,00 $6,880.00 $4,350.00 $4,350.00 $4,350.00 1140 TOTAL $112,513.00 $117,839.00 $117,839.00 $117,839.00 TOIwINMOI)ERATOR SALARIES EXPENSES $200.00 $200.00 $200.00 $200.00 S0.00 $0.00 S0.00 $0.00 TOTAL $200.00 $200.00 $200.00 $200.00 1310 ADVISORY BOARD SALARIES EXPENSES $0.00 $4,000.00 $4,000.00 $8,500.00 $8,500.00 TOTAL $4,000.00 $4,000.00 $8,500.00 $8,500.00 1490 T(h/N AUDIT SALARIES $0.00 $0.00 $0.00 $0.00 EXPENSES $30,000.00 $30,000.00 $28,500.00 $28,500.00 TOTAL $30,000.00 $50,000.00 $28,500.00 $28,500,00 45 Article # 14 - Budget Detail DEPARTHENT NUMBER & NAME FY '92 FY '93 FY '93 BUDGET DEPARThENT BD OF SELECTMEN RECUESTS RECOMMENDS FY 93 ADVISORY BOARD RECOMMENDS 1510 TO~i~I COUNSEL SALARIES EXPENSES to.oo to.oo $0.00 tO.OO $20,000.00 $20,000.00 $!g,ooo.oo $ Ig,ooo.oo TOTAL $20,000.00 $20,000.00 $ lg,O00.O0 $ lg,O00.O0 151 ! SPECIAL LE6AL SERVICES SALARIES EXPENSES tO.O0 $45,000.00 tO.O0 $45,000.00 tO.O0 $42,75O.O0 tO.O0 $42,750.00 TOTAL $45,000.00 $45,000.00 1:42,750.00 $42,750.00 1,200.00 UNCLASSIFIED EXPENSES TOTAL 1,200.00 TOTAL - 6ENEFL~,L GOVERNMENT $1,200.00 $1,200.00 $243,729.00 $146,850.00 $o.oo $235,873.00 $149,380.00 $o.oo $2,000.00 $2,000.00 $242,3g0.00 $163,124.00 So.oo SALARIES EXPENSES OUTOFSTATETRAVEL $2,000.00 $2,000.00 $242,399.00 $163,124.00 $o.oo TOTAL $385,253.00 $390,579.00 $405,523.00 $405,523.00 ADMINISTRATION AND FINANCE 1410 ASSESSORS SALARIES EXPENSES TOTAL 1450TREASURER-COLLECTOR SALARIES EXPENSES TOTAL 1610 TO~/tl CLERK SALARIES EXPENSES TOTAL $130,473.00 $80,450.00 $210,923.00 $196,026.00 $106,360.00 $302~86.00 $50,631.00 $47,700.00 $98,331.00 $131,150.80 $17,500.00 $148,650.80 $216,047.00 $86,339.00 $302~86.00 $51,221.00 $47,000.00 $c~,221.00 $131,151.00 $17,000.00 $148,151.00 $216,047.00 $86,339.00 $302,386.00 $5 ! ~n21.00 $47,000.00 $98,221.00 131,151.00 $17,000.00 $148,151.00 $216,047.00 $86,339.00 $302,386.00 $51,221.00 t47,000.00 $98,221.00 46 ArLicle · 14 - BudgeL DeLail DEPARTHENT NUHBER & NAHE FY '92 FY '93 FY '93 BUDGET DEPARTllENT BD OF SELECTHEN REQUESTS RECOHHENDS FY '93 ADVISORY BOARD RECOflHENDS DEBT REDEMPTION EXPENSES TOTAL INTEREST ONDEBT EXPENSES TOTAL 1,606,000.00 1,606,000.00 1,393,895.02 1,393,895.02 INTEREST ON DEBT - SHORT TERI1 1,678,500.00 1,678,500.00 1,296,659.02 1,296,659.02 $1,520,000.00 $1,520,000.00 $1,284,959.00 $1,284,959.00 $1,520,000.00 $1,520,000.00 $1,284,959.00 $1,284,959.00 EXPENSES $400,998.06 $145,440.95 $323,940.00 $323,940.00 TOTAL $400,998.06 $145,440.95 $323,940.00 $323,940.00 EI'IPLOYEE BENEFITS EXPENSES $2,810,954.00 $2,700,070.00 $2,620,070.00 $2,620,070.00 TOTAL $2,810,954.00 $2,700,070.00 $2,620,070.00 $2,620,070.00 6ENERAL INSURANCE EXPENSES $550,000.00 $550,000.00 $522,500.00 $522,500.00 TOTAL $550,000.00 $550,000.00 $522,500,00 $522,500,00 TOTAL - ADMINISTRATION AND FINANCE SALARIES $377,130.00 $398,418.80 $398,419.00 $398,419.00 EXPENSES $6,996,357.08 $6,521,508.97 $6,421,808.00 $6,421,808.00 TOTAL $7,373,487.08 $6,919,927.77 $6,820,227.00 $6,820,227.00 PUBLIC SAFETY 2100 POLICE DEPARTHENT SALARIES EXPENSES 0UTOFSTATETRAVEL TOTAL $1,425,098.00 $269,258.00 $o.oo $1,694,356.00 $1,499,885.00 $194,471.00 $o.oo $1,694,356.00 $1,499,885.00 $174,471.00 $o.oo $1,674,356.00 $1,499,885.00 $174,471.00 $o.oo $1,674,356.00 47 Article # 14 - Budget Detail DEPARTMENT NUHBER & NAME FY 92 FY 93 FY 93 BUDGET DEPARTMENT BD Of: SELECTMEN REOUESTS RECOMMENDS FY 95 ADVISORY BOARD RECOMMENDS :2200 FIRE DEPARTMENT SALARIES t; i,887,741.00 1; !,887,741.00 1; 1,887,741.00 1; 1,887,741.00 EXPENSES 1; 121,927.00 I: 125,622.00 1; 10§,611.00 1; 105,611.00 OUT OF STATE TRAVEL $0.00 $0.00 $0.00 $0.00 TOTAL $2,009,668.00 1:2,013,363.00 $1,993,352.00 $1,993,352.00 29 ! 0 CIVIL OEFENSE SALARIES 1;3,903.60 1;3,903.60 1;;3,904.00 1;3,904.00 EXPENSES $2,825.00 1;2,825.00 1;;2,825.00 1;2,825.00 OUT OF STATE TRAVEL 1;0.00 $0.00 1;0.00 1;0.00 TOTAL $6,728.60 $6,728.60 $6,72g.00 1;6,72g.00 TOTAL - PUBLIC SAFETY SALARIES 1;3,316,742.60 1;3,,391,529.60 1;3,3g 1,530.00 1;3,3g ! ,530.00 EXPENSES 1;394,010.00 1;322,918.00 $282,907.00 1;282,907.00 OUT OF STATE TRAVEL 1:0.00 1;0.00 1;0.00 1;0.00 TOTAL 1:3,710,752.60 1;3,714,447.60 1:;3,674,437.00 1;3,674,437.00 3000 EDUCATION SCHOOL DEPARTMENT *' SALARIES 1; 10,480,790.00 EXPENSES 1;,3,049,492.00 TOTAL 1; 1`3,S;30,282.00 3100 REGIONAL VOCATIONAL SCHOOL ! 1,244,472.00 1;`3,67`3,81;3.00 $14,g 18,285.00 1; I 0,760,7g0.00 $1;3,810,282.00 $ ! 1,189,2g0.00 $`3,111,492.00 $14,300,782.00 SAL.aJ~IES 1:0.00 1;0.00 1;0.00 1;0.00 EXPENSES 1; 1`38,71`3.00 1;174,171.00 1; 174,171.00 1;174,171.00 TOTAL $1 ~d),713,00 1; 174,171,00 1; 174,171,00 1:174,171,00 3OIO SCHOOL BUILDIIIll COI'IfllTTEE SALARIES $2,f:~ 1.00 $2,631.00 $ 2,6,31.00 $2,6`31.00 EXPENSES $5,810.00 1;5,810.00 1;5,810.00 1:;5,810.00 TOTAL $8,44 1.00 1;8,441.00 1;8,441.00 $8,441.00 TOTAL - EDUCATION SALARIES $10,48`3,421.00 1;11,247,10;3.00 $10,76`3,421.00 1;11,191,921.00 EXPENSES 1;;3,194,015.00 1;`3,853,794.00 1;;3,229,475.00 1;3,291,473.00 TOTAL 1;1`3,67'7,4,'56.00$15,100,897.00 $1`3,992,894.00 $14,48,3,,394.00 48 Article w 14 - Budge[ Detail DEPARTMENT NUHBER & NAME FY '92 FY '9;5 FY '93 BUD(~ET DEPARTHENT BD OF SELECTMEN REQUESTS RECOHMENDS FY '93 ADVISORY BOARD RECOHMENDS 4100 4200 4,:3OO 483O PUBLIC WORKS DPW- ADMINISTRATION& EN61NEERIN6 SALARIES $145,300.00 EXPENSES $14,000.00 OUTOFSTATETRAVEL $0.00 $145,300.00 $14,000.00 $o.oo $121,500.00 $11,400.00 $o.oo $I21,500.00 $11,400.00 $o.oo TOTAL $159,300.00 $159,300.00 $132,900.00 $132,900,00 DPI¥ - STREET MAINTENANCE SALARIES $259,150.00 EXPENSES $192,500.00 $185,690.00 $194,200.00 $257,150.00 $194,500.00 $185,690.00 $194,200.00 TOTAL $451,650.00 $451,650.00 $379,890.00 $379,890.00 $119,607.00 $593,300.00 $208,791.00 $634,350.00 $118,220.00 $642,250.00 OP~/-REFUSE DISPOSAL SALARIES EXPENSES $208,791.00 $634,350.00 TOTAL $712,907.00 $760,470.00 $843,141,00 $843,141,00 DPW - VEHICLE/EQUIPMENT MAINTENANCE SALARIES $81,150.00 $82,862.00 $82,862.00 $82,862.00 EXPENSES $153,650.00 $151,938.00 $139,316.00 $139,316.00 TOTAL $234,800.00 $234,800.00 $222,178.00 $222,178.00 $136,080.00 $24.818.00 $160,898.00 $o.oo $o.oo $o.oo $21,071.00 $71,650.00 $92,721,00 4920 DPW- PARKS AND SCHOOL6ROUNDS SALARIES $132,400.00 EXPENSES $27,800.00 TOTAL $160,200.00 49~0 DP¥-TREE DEPARTMENT SALARIES $0.00 EXPENSES $0.00 TOTAL $0.00 1920 PUBLIC PROPERTIES & BUILDIN6S SALARIES $21,071.00 EXPENSES $71,650,00 TOTAL $92,721.00 $103,723.00 $25,818.00 $129,541.00 $o.oo $o.oo $o.oo $23,356.00 $75,35O.OO $98,706.00 $103,723.00 $25,818.00 $129,541.00 $o.oo tO.OD $o.oo $23,356.00 $75,350,00 $98,706.00 49 Article · 14 - Budget. Detail DEPARTMENT NUHBER & NAHE FY 92 FY 93 FY 93 BUDGET DEPARTMENT BDOFSELECTMEN REQUESTS RECCtIIIENDS FY 93 ADVISORY BOARD RECOHIIENDS 4500 4400 423O Dinar - WATER DEPARTIIENT SALARIES EXPENSES OUTOFSTATE TRAVEL TOTAL $264,400.00 $452,700.00 $o.oo $717,100.00 DI~ - S~R DEPARTilENT $271,360.00 $434,764.00 $o.oo $706,124.00 $271,360.00 $39~,000.00 $o.oo $662,360.00 $271,360.00 $391,000.00 to.oo $662,360.00 SALARIES $120,515.00 $117,300,00 $145,200.00 $145,200.00 EXPENSES $16,600.00 $30,600.00 $80,100.00 S80,100.00 TOTAL $137,115.00 $147,900.00 $225,300.00 $225,300.00 $0.00 $923,236.00 GREATER LAWRENCE SANITARY DISTRICT SALARIES $0.00 EXPENSES $851,000.00 $0.00 $851,000.00 $0.00 $923,236.00 TOTAL $851,000.00 $851,000.00 $923,236.00 $923,236.00 $30,000.00 $94,200,00 tSO~O0~O $94,200.00 DPt- SNO~REMOVAL SALARIES EXPENSES $50,000.00 $94,200.00 $30,000,00 $94,200.00 TOTAL $124,200.00 $124,200.00 $124,200.00 $124,200.00 TOTAL - PUBLIC WORKS SALARIES $1,173,593.00 $1,179,343.00 $1,172,482.00 $1,172,482.00 EXPENSES $2,457,400.00 $2,509,720.00 $2,568,970.00 $2,568,970.00 OUTOFSTATE TRAVEL $0.00 $0.00 $0.00 $0.00 TOTAL $3,640,993.00 $3,689,065.00 $3,741,452.00 $3,741,452.00 PLANNING AND COrIIIUNITY DEVELOPMENT PLANNING BOARD SALARIES $110,684.00 $109,614.66 $105,606.00 $105,606.00 EXPENSES $4,698.00 $5,000,00 $4,300.00 $4,300.00 OUTOFSTATETRAVEL $0.00 $0.00 $0.00 $0.00 1750 1710 TOTAL $115,$82.00 $114,614.66 $109,906.00 $109,906.00 $53,289.42 $4,200.00 $53,300,00 $3,500.00 CORSERVATIOR COl"lt'llSSlOll SALARIES $56,000.00 EXPENSES $3,700.00 $53,300.00 $3,5oo.oo TOTAL $59,700.00 $57,489.42 $56,800.00 $56,800.00 5O ArLicle · 14 - Budget Detail DEPARTMENT NUHBER 8, NAME FY 92 FY 93 FY '93 FY 95 BUD6ET BUDGET BUD6ET BUDOET 1760 BOARD OF APPEALS SALARIES $0.00 $0.00 EXPENSES $1,275.00 $1,275.00 $0.00 $1,275.00 $0.00 $1,275.00 TOTAL $1,275.00 $1,275.00 $1,275.00 $1,275.00 2410 BUILDIN6 CODE & ENFORCEMENT SALARIES $114,272.00 EXPENSES $5,3;50.00 23,966.00 $4,712.00 $115,410,00 $4,212.00 23,966.00 $4,712.00 TOTAL $119,622.00 $119,622.00 $128,678.00 $128,678.00 2440 SEALER OF II/EI6HTS & MEASURES SALARIES $2,590.00 EXPENSES $500.00 $2,590.00 $3;oo.oo $2,590.00 $3;00.00 $2,590.00 $300.00 TOTAL $2,890.00 $2,890.00 $2,890.00 $2,890.00 $1,079.00 $o.oo ANIMAL INSPECTOR SALARIES $1,078.3;2 EXPENSES tO.O0 2920 $1,078.3;2 $o.oo $1,079.00 $o.oo TOTAL $1,078.3;2 $1,078 32 $1,079.00 $1,079.00 $0.00 $1,500.00 INDUSTRIAL DEVELOPMENT COHMISSION SALARIES $0.00 EXPENSES $1,500,00 18ao $0.00 $1,500.00 tO.O0 $1,5oo.oo TOTAL $1,500.00 $1,500.00 $1,500.00 $1,500.00 TOTAL - PLANNING AND COMMUNITY DEVELOPMENT SALARIES $284,624.3;2 $281,982.40 $286,541.00 $286,541.00 EXPENSES $16,823; .00 $ ! 6,487.00 $15,587.00 $15,587.00 OUT O~ STATE TRAVEL $0.00 S0.00 $0.00 $0.00 TOTAL $301,447.32 $298,469.40 $3;02,128,00 i302,128.00 HUMAN SERVICES 5100 HEALTH DEPARTHENT SALARIES EXPENSES TOTAL $59,216.00 $29,900.00 $89,116.00 $60,782.86 $44,075.00 04,857,86 $62,16;~.00 $36,575.00 $98,73;8.00 $62,163;,00 $56,575.00 $98,738.00 51 ArCide · 14 - Budget. Detail DEPARTHENT NUHBER & NAHE FY '92 FY '93 FY .93 BUDGET DEPARTHENT BO OF SELECTHEN REOUESTS RECOMMENDS FY 93 ADVISORY BOARD RECOHMENDS 5410 542O 54~0 4910 544O 6100 6500 COUNCIL ON AGING SALARIES 1;69,$93.00 1;69,880.60 1;79,141.00 1;79,141.00 EXPENSES $12,596.00 1; 12,108.00 1; 12,108.00 1; 12,108.00 TOTAL $81 ,g89.00 $8 I,g88.60 $91,249.00 1;91,249.00 YOUTH SERVICES SALARIES $46,000.00 1;49,529.14 1;47,260.00 S47,260.00 EXPENSES $9,860.00 $7,591.00 1;9,1 O0.00 $9, I O0.00 TOTAL 1;55,860.00 1;57,120.14 1;56,360.00 1;56,360.00 VETERANS BENEFITS SALARIES 1;0.00 1;0.00 1;0.00 1;0.00 EXPENSES 1; 10,800.00 1;26,000.00 1;26,000.00 1;26,000.00 TOTAL 1; 10,800.00 1;26,000.00 1;26,000.00 1;26,000.00 GRAVES REGISTRATION SALARIES 1;400.00 1;400.00 1;400.00 1;400.00 EXPENSES $1,550.00 1; 1,550.00 1; 1,550.00 $1,550.00 TOTAL 1; 1,950.00 1; 1,950.00 1; 1,950.00 1; 1,950.00 COflMUNITY CENTER SALARIES 1;2,285.00 1;2,285.00 EXPENSES 1;3,950.00 1;3,950.00 TOTAL $6,235.00 1;6,235.00 STEVENS HEI~RIAL LIBRARY SALARIES I;212,040.00 EXPENSES 1;g0,484.00 1;219345.00 1;83,187.00 1;0.00 1;o.oo 1;0.00 1;213,~45.00 1;89,187.00 1;0.00 1;o.oo 1;0.00 1;213,345.00 1;89,187.00 TOTAL 1;302,532.00 $302,532.00 1;302,532.00 $302,532.00 $15,000.00 1;6,000,00 $15,000.00 1;6,000.00 RECREATION SALARIES EXPENSES 15,000.00 1;6,000.00 $15,000.00 1;6,ooo.oo TOTAL 1;21,000.00 $21,000.00 1;21,000.00 1;21,000.00 52 Ar'Licle # 14 ~ Budget. Detail FY 92 FY 93 FY 93 FY 93 DEPARTHENT NUI'IBER & NAHE BUDGET DEPARTHENT BD OF SELECTHEN ADVISORY BOARD REQUESTS P, ECOHI'IENDS PJECOHHENDS 6910 HISTORICAL COHMISSIO~ SALARIES $0.00 $0.00 $0.00 $0.00 EXPENSES $600,00 $600.00 $600.00 $600.00 TOTAL $600.00 $600.00 $600.00 $600.00 TOTAL - HUMAN SERVICES SALARIES $404,342.00 $417,222.60 $417,;~09.00 $417,;~09.00 EXPENSES $165,740.00 $185,061.00 $181,120.00 $181,120.00 TOTAL $570,082.00 $602,28;~.60 $59§,429.00 $598,429.00 BUD6ET SUMMARY SALARIES $16,275,725.92 $17,159.;528.40 $16.672.101.00 $17.100.601.00 EXPENSES $13,383,725.08 $13,556,338.97 $12,862,989.00 $12,924,989.00 OUT OF STATE TRAVEL $0.00 $0.00 $0.00 $0,00 6RANDTOTAL $29,659,451.00 $30,715,667.37 $29,535,.090.00 $30,025,590.00 APPROPRIATIONS SUBdECT TO A' SUCCESSFUL PROPOSITION 2 112 6ENERAL OVERRIDE ELECTION: 3000 SCHOOL DEPARTMENT SALARIES $428,500.00 EXPENSES $62,000.00 TOTAL $490,500.00 53 Notes Notes TOWN OF NORTH ANDOVER Recycling at a Glance ~nd Hi School, St. Material Wb_nt to Recycle How to Prepare Do not include (]lass All boffl__es and jars (clear, Rinse clca~ Bmkcn glass, dishes, green, and brown), ceramics, mirrors, plate Deposit and non-de~_ gln~, pyrex, light bulbs, Caps and raps can be left crystal,eu:. on. Plnstie PET- a clear plastic used Rinse clenn. Large Any plastic container or #1 & ~2 for soda bottles, salad comnlners should be item that is not clenrly peanut briner jars & #1 ,~ oth~~ There nrc some detergent comnlnets ~sl~ and cleaning Bring them for approvaL I-IDPE - an opaque plastic used in n~k & wa~r jugs, detn'grnt and numerous con_m_ iners ~ ~ Pie pla~s & trays, Rinse clean Any aluminum i~etn that deposit & non-deposit contains non-metal or such as Piskics cat food ~r.~.~Rfi~r.F~ * Ncwspapcn, magaxincs, Crush &flattcn boxcs, Waxed boxcs or paper, boxcs, such as ccrcal bundle with string cellophane window boxes, crc., junk mail, envelopes, foiled papcr, telephone books ~ (Staples arc OK) CURBSIDE PICKUP~ CURBSIDE PICKUP CURBSIDE PICKUP CURBSIDE PICKUP Not for Saturday Not for Saturday Not for Saturday Not for Saturday Dropoff at H.S. Dropoff at H.S. Dropoff at H.S. Dropoff at H.S. !~,f~~ Leaves, woodchips grass Take to Shaq2cncr's Food scraps clippings, soil, shrub Pond Road Recycling prunings, & other gardcn Center. Houri: WccL& was~ Permits aec Sar. 8-3 p~ lcquirccL Oiw. k DPW calendar for full li~ of * Monthly on the last full week without a holiday. Place at curbside by 7:30 a.m. on your regular rubbish collection day. Newspapers, magazines or bottles can be brought to the rear of 384 Osgood Street. & The Division of Public Works James P, Gordon Town Manager TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 TELEPHONE 682-6483 FROM: DATE: RE: Daniel Long, Town Clerk James P. Gordon, Town Manor. April 23, 1992 Annual Town Meeting - ~ 4, 1992 Roadway Acceptance Articles As per the provisions of MGL Chapter 82, Section 21-23, I am hereby filing with you the results of public hearings held on April 21, 1992, by the Board of Selectmen on the acceptance of the following roadways as public ways: Article 41. Article 42. Article 43. Article 44. Article 45. Article 46. Article 47. Dufton Court - Favorable Recommendation. Evergreen Drive - Favorable Recommendation. Sutton Place - Favorable Recommendation. Berkley Street - Favorable Recommendation. Spruce/Hemlock Sts. - Favorable Recommendation. Mill Street - Favorable Recommendation. Christian Way - Favorable Recommendation, pending resolution of any outstanding Division of Public Works' issues. Article 48 - Tiffany Lane - No Position. Article 49. Cranberry Lane - Favorable Recommendation, subject to the resolution of any outstanding Division of Public Works' issues. /kar TOWN OF NORTH ANDOVER PERSONNEL BY LAWS PROPOSED FOR ADOPTION MAY .I992 SECTION 1. AUTHORIZATION .................. SECTION 2. DEFINITIONS ................... SECTION 3. ADMINISTRATION - TOWN MANAGER .......... SECTION 4. CLASSIFICATION PlAN ............... SECTION 5. TERMINATION NOTICES ............... ,SECTION 6. LAYOFF/REINSTATEN~.~ .............. SECTION 7. GRIEVANCE PROCEDURE ............... SECTION 8. COMPENSATION PLAN ............... SECTION 9. AMENDMENT OF THE PLANS ............. SECTION 10. POSITION CLASSES ............... SCHEDULE-A - CLASSIFICATION OF POSITIONS ....... SCHEDULE B-1 - COMPENSATION PLAN SCHEDULE B-2 - COMPENSATION PLAN ........... SCHEDU?.~. C - POLICE DEPARTTfENT: NON UNION EMPLOYEES . SC~.DUT.~. D - FIRE DEPARTMENT NON UNION EMPLOYEES . . . SCHEDU~.~ E - MISC. COMPENSATION SCHEDUL ........ SECTION 11. INITIAL APPLICATION OF THE COMPENSATION PLAN . . SECTION 12. FRINGE BENEFITS AND WORKING CONDITIONS ..... SECTION 13. LONGEVITY INCREMENTS .............. SECTION 14. UNIFORM AT.rOWANCE ............... · SECTION 15. WORK WEEK ................... SECTION 16. OVERTIME COMPENSATION ............. SECTION 17. PAID HOLIDAYS ................. SECTION 18. VACATION ~.F. AVE ................. SECTION 19. SICK ~.~.~VE ................... SECTION 20. WORKMENIS COMPENSATION ............. SECTION 21. BEREAVEMENT ~.~.~VE ............... SECTION 22. EDUCATION T.F.~VE ................ SECTION 23. EDUCATIONAL REIMBURSEMENT ........... 1 3 3 6 6 7 8 8 10 11 12 12 14 14 15 15 15 15 16 16 17 18 18 18 19 21 22 22 22 22 SECTION 24. PERSONAL T.R~VE ................. SECTION 25. 0%TRY LEAVE ................... SECTION 26. MILITARY LRAVE ................. SECTION 27. TERMINAL LRAVE ................ SECTION 28. MATERNITY LRAVE ................ SECTION 29: UNPAID LR%VE OF ABSENCE ............ SECTION 30. PHYSICAL EXAMINATION .............. SECTION 31. CIVIL SERVICE LAW ............... SECTION 32. EFFECT OF PARTIAL INVALIDITY .......... SECTION 33. ADDITIONAL POSITIONS .............. 23 23 23 24 24 24 25 25 25 25 2 PERSONNEL BY-LAW FY 1992 SECTION 1. AUTHORIZATION Pursuant to the authority contained in Section 10SA of chapter 41 of the General Laws there shall be established plans, which may be amended from time to time by vote of the Town at a Town meeting. These plans will include: (A) classifying positions in the service of the Town, other than those filled by popular election, those under the direction and control of the School Committee, the position of Town Counsel and certain positions for which the compensation is on 9 fee basis or the incumbents of which render intermittent or ~asual service and which do not appear in Schedule A of Section 10: "POsition Classes" following, into groups and classes doing substantially similar work or having substantially equal responsibilities: (B) authorizing a compensation plan for pos plan and (C) providing for the administration of sa compensation plans. These plans specifically exclude any employ barqaininq aqreements, and appointed employ contractual aqreements. This By-Law shall be reviewed annually prio Town Meetinq. SECTION 2. DEFINITIONS As used in this By-Law, the following the following meanings unless a different c required by the context or by the laws of t Administrative Authority: The elected or a having jurisdiction over a function or acti [tions in the classification id classification and ~es covered under collective ~es covered under r to the warrant for annual words and phrases shall have 0nstruction is clearly He Commonwealth: ppointed official or board, vity. Civil Service Law: Chapter 31 of the Gene~ as amended and all rules and regulations ms special law enacted by the General Court rE compensation and conditions of employment ¢ the Town under Chapter 31. Class: A group of positions in the Town sE in respect to duties and responsibilities s title may be used to designate each positiE that the same qualifications shall be requ] the same tests of fitness may be used to ck al Laws of the Commonwealth, ~e thereunder: and any gulating the classification, f officers and employees of rvice sufficiently similar o that the same descriptive n allocated to the class, red of the incumbents, that .oose qualified employees and that the same scale of compensation can be made to apply with equity. Classification Plan: Class titles of Schedule A of Section 10: "Position Classes" of this By-Law plus class specifications which are on file with the Town Manager and which; are hereby incorporated by reference. Compensation Plan and Grade: These terms refer to a range of salary or wage rates appearing in schedule B-1 through E of Section 10: "Position Classes". Continuous Employment: Employment uninterrupted except for required military service and for authorized vacation leave, sick leave, bereavement leave, or other leave of absence. Continuous Part-Time Employment: An employee who is employed by the Town for a minimum of twenty hours per week every week of the year with the exception of accrued vacation leave. Department: Any department, board, committee, commission or other agency of the Town subject to this By-Law. Department Head: The officer, board, or other body having immediate supervision and control of a department. Emergency Position: A temporary position created for a duration of not more than one fiscal year for the purpose of meeting an unforseen problem in the delivery of Town service. Employee: An employee of the Town occupying a position in the classification plan. Full-Time Employee: An employee retained in full-time employment. Full-Time Employment: Employment for not less than seven and one-half hours a day five days a week for fifty-two weeks per year, less leqal holidays and any authorized leaves of absence. Any person so emDloyed is a full-time employee. Group: An occupational group of classes appearing in Schedule A. Increment: The dollar difference between step rates. Longevity Pay: Compensation to an employee occupying a position in the classification plan in full-time continuous employment of. five years or longer pursuant to the schedule appearing in Section 13: "Longevity Increments". Maximum Rate: The highest rate in a range which an employee normally is entitled to attain. Minimum Rate: The rate in a range which is normally the hiring rate of a new employee. Part-Time Employee: An employee retained in part-time employment. Part-Time Employment: Employment for less than the time defiD~d above as full-time employment. (Less than twenty hours per week) Any person so employed is a part-time employee. Permanent Employee: (1) any employee retained on a continuing basis in a permanent position, as defined above: (2) any employee holding a permanent appointment under Civil Service Law to a position deemed permanent within the meaning of said law. Permanent Position: Any position in the Town service which has required or which is likely to require the services of an incumbent without interruption for a period of more than six calender months, either on a full-time or part-time employment basis. Personal Rate: A rate above the maximum rate applicable only to a designated employee. Position: An office or post of employment in the Town service which has required or which is likely to require the service of an incumbent without interruption for a period of more than six calendar months, either on a full-time or part-time employment basis. Position Class: Same as class (a class may include only one position in which event it is defined as a "single position class"). Promotion: A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade. Range: The dollar difference between minimum and maximum rates. Rate: A sum of money designated as compensation for personal services on an hourly, weekly, monthly, annual, or other basis. Single Rate: range. a rate for a designated position class which is not in a Step Rate: a rate in a range of compensation grade. Temporary Employee: (1) an employee retained in a temporary position as defined below: (2) any employee holding a temporary appointment under Civil service Law who does not also have permanent status thereunder. Temporary Position: any position in the Town service which required or is likely to require the service of one incumbent for a period not exceeding six calendar months, either on a full-time or part-time basis. 5 Town: the Town of North Andover. Town Manager: the Town Manager is the Chief Administrative..Officer of the Town appointed by the Board of Selectmen. Defined in Section 3: "Administration - Town Manager". SECTION 3. ADMINISTRATION - TOWN MANAGER (A) There shall be a Town Manager responsible for the administration of the classification and compensation plans. Manager shall be appointed by the Board of Selectmen. The Town (B) The Town Manager shall be invested with all the powers and duties specified in Section 108C of Chapter 41 of the General Laws. (C) The Town Manager shall administer the plans and shall establish such procedures as he or she deems necessary for the proper administration thereof,and, subject to the approval of the Selectmen, assign to the Administrator such duties as he or she deems necessary. (D) The Town Manager may employ assistance and incur expenses as he or she deems necessary subject to the appropriation of funds therefor. (E) The Town Manager shall maintain adequate personnel records of all employees occupying positions subject to the classification and compensation plans, said records to be kept in his or her custody. Department Heads shall provide such information as the Town Manager may request. (F) The Town Manager from time to time, shall investigate the work features and rates of salaries or wages of any or all positions subject to the provisions of this By-Law. Such reviews shall be made at such intervals as the Town Manager deems necessary and, to the extent which the Town Manager considers practicable, shall include all occupational groups in the classification plan. SECTION 4. CLASSIFICATION PLAN (A) Ail positions in the service of the Town except those excluded in Section 1: "Authorization" are hereby classified by titles appearing in schedule A of Section 10: "Position Classes", which is made a part hereof. These classes of positions shall constitute the Classification Plan for the paid Town service, within the meaning of Section 10SA of Chapter 41 of The General Laws, as amended. (B) The Town Manager shall maintain written job descriptions or specifications of the classes in the classification plan, each consisting of a statement describing the essential nature of the work and the characteristics that distinguish the class from other classes. The description for any class shall be construed solely as a means of identification and not as prescribing what the duties or 6 responsibilities of any position shall be, or as modifying, or in any way affecting, the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority. (C) W~enever a new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Town Manager, the Town Manager shall allocate such new or changed position or its appropriate class, as hereinafter provided. (D) The title of each class, as established by the Classification plan shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position. (E) No position may be reclassified or no class may be assigned to different compensation grade, until the Town Manager shall have determined such reclassification or such reassignment to be consistent with the classification and compensation plans. SECTION 5. TERMINATION NOTICES (A) The first six months of employment for any new personnel shall be considered a probationary period. If the employee's work upon management review is unsatisfactory, the employee may be dismissed.by the Town Manager during the first six months. After the probationary period, the employee shall be considered a permanent employee of the Town. An employee may be dismissed at any time for good and sufficient cause: but no permanent employee shall serve more than one probationary period during one tenure of employment. (B) ~1): The Department Head must Drovide a permanent employee(i.e, non-probationary) with written notification of any contemplated dismissal for good and sufficient cause and the specific reasons (i.e., charges against the. employee) for said action. Within forty-eight hours after receipt of said notice, a permanent employee may submit, in writing, a request to discuss this action with the Department Head. The Department Head will promptly schedule a hearing with said employee within ten days. Department Head or his or her designee will preside at this hearing. At this pre-termination hearing, the permanent emDloyee or his or her attorney will have the opportunity to Dresent reasons why the Town should not discharge s~id employee. Within ten days after the hearing, the Department Head will notify said employee, in writing, of his or her recommendation ~o the Town Manager. 7 (B) (2): Upon receipt of the Department Head's recommendation, the permanent employee has five days to request a full evidentiary hearing before the Town Manager. The Town Manager may designate a hearing officer to preside at this hearing. The hearing must be scheduled within thirty-days of receipt of said request unless otherwise a~reed by the parties. At the hearing, the Town must present the reasons why said employee is being considered for termination. Whenever possible. this evidence should be provided through witness testimony. After the Town presents its evidence, the permanent employee or his or her attorney may question the Town's witnesses or present relevant evidenc~ that supports his or her position. After the hearing, the Town Manager will notify said employee, in writing, of his or her decision.within fifteen days. The Town Manager's decision is final and the discharged employee has no rights to appeal. NOTE: A civil service employee's entitlement to a hearin~ is defined by Chapter 31, Section 41 of the General Laws. A ~ivil service employee has no right to a hearing under this section of the by-laws. SECTION 6. LAYOFF/REINSTATEMENT (A) In the case of a layoff, ~mployees will be given two weeks' prior written notice. (B) If an employee is reinstated within one year of his/her lay off, the employee will retain his/her number of years service.at.the time of layoff. All benefits including retirement will. resume accrual at the time of reinstatement. However, in no case will the employee receive credit for the period of the lay off. SECTION 7. GRIEVANCE PROCEDURE (A) Definition of Grievance A grievance is a dispute between an employee and the Town involving the interpretation or application of the specific terms o~ this bylaw. (B) Grievance Steps Step 1 - Immediate Supervisor No later than five (5) work days after the event giving rise to the grievance, or five (5) work days after the employee should reasonably have learned of the event giving rise to the grievance. whichever is later, the ~mployee must submit a written grievance to.his or her immediate supervisor. The written grievance must contain the specific term(s) allegedly violated by the Town on the basis for claiming said violation. The failure to do so will be sufficient grounds to refuse to process the grievance. Within five (5) work days 8 after receiving the grievance, the immediate, supervisor and the employee shall meet to discuss the grievance. The .immediate supervisor shall give his or her written answer within five (5) work days of said meeting. If the Department Head is the immediate supervisor then Step 2 is the first step of this grievance process. Step 2 - Department Head. If the grievance is not settled in step 1, the employee, no later than five (5) work days after receipt of the immediate supervisors response to the grievance or when said response is due, whichever is earlier, may file a written appeal to his or her department head. Within five (5) work days after receipt of this appeal, the department head and the employee shall meet to discuss the grievance. The department head shall give his or her written answer within five (5) days of said meeting. Step 3 - Town Manager If the grievance is not resolved at step 2, the grievance, may be presented to the Town Manager within five (5) work days after the response from the department head, or when said response is due, whichever is earlier. The Town Manager or his or her designee shall meet with the employee within ten Il0) work days of. the presentation of the grievance at step 3. The Town Manager or his or her designee, shall give his or her written answer to the grievance within ten (10) work days after such meeting, and said answer shall be final and binding on the employee and the Town. (C) Written Presentation. Ail grievances presented at any step of the grievance procedure set forth in section 2: "Definitions" of this bylaw shall specify: The facts giving rise to the grievance; the provision(s) of the bylaw, if any, alleged to have been violated; and the remedy sought. All grievances shall be signed and dated by the aggrieved employee. All written answers submitted by the Town shall be signed and dated by the appropriate Town Official. (D) Time Limitations. No grievance shall be accepted by the Town unless it is submitted or appealed within the time limits set forth in this article of the bylaw. If the grievance is not timely submitted at step 1 or step 2, it shall be deemed waived. If the grievance is not timely appealed to step 3, it shall be deemed to have been settled in accordance with the Town's step 2 answer. If the Town fails to answer within the time limit set forth in section 2: "Definitions" of this bylaw, the ~rievant should proceed to the next step as if the grievance was denied. 9 SECTION 8. COMPENSATION PLAN (A) The compensation plan shall consist of Schedules B-1 through E in Section 10: "Position Classes". (B) No department head shall fix the salary of any employee in a position so classified except in accordance with the compensation plan. (C) No person shall be appointed, employed or paid as an employee in any position subject to the provisions of the classification plan under any title other than those appearing in schedule A of Section 10: "Position Classes". (D) An employee in continuous full-time or part-time employment shall be eligible to receive the increment between his or her present rate and the next higher step rate 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 until he or she attains the maximum rate of the range the compensation grade to which his or her position class is assigned. (3) The increase in rate which this increment represents must be 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. (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. (F) Any employee occupying a position in the classification plan who is not recommended to receive the increment specified in sub- sections (D) or (E) shall have the right to appeal to the Town Manager. (1) Upon receipt of such appeal the Town Manager may initiate and approve the increment without the recommendation of the department head after hearing both the employee and the department head or may deny the appeal. (2) In the event of the Town Manager's denial of the appeal, the employee involved may appeal to the Town for a final decision at a subsequent Town Meeting in a special article in the Town Warrant. 10 (G) A new full-time employee denied an increment after six month's continuous employment shall be considered again for such increment following completion of an additional six months' continuous employment. (~) 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. (J) The Town Manager may authorize an entrance rate higher than the minimum rate upon recommendation of a department head, supported evidence in writing of special reasons and exceptional circumstances satisfactory to the Town Manager and such other variance in the classification and compensation plans as he or she may deem necessary for the proper functioning of the service of the Town. (K) The Town Manager may assign a new class tentatively to a compensation grade or reassign an existing class to a different compensation grade, subject to the subsequent ratification of its action by formal amendment of the plans by vote of the Town at a Town Meeting. (L) Each head of a department to which is assigned an employee occupying a position in the classification plan shall include in his or her estimates required by the provision of Section 59 of Chapter 41 of the General Laws a pay adjustment section setting forth in detail the amounts which will be required for anticipated pay adjustments during the ensuing year and shall furnish a copy thereof to the Town Manager. (M) The adjustments provided for in this section shall be subject to the availability of appropriated funds. SECTION 9. AMENDMENT OF THE PLANS After consultation with the Board of Selectmen, the Town.Manaqer shall from time to time propose, and the town meetinq may adopt, with or without amendment, personnel by-laws and rules relatinq to.all town positions listed in the Personnel By-Law. Such By-Laws shall provide for: 11 (a) the classification of positions, based on duties, responsibilities and authority of each position, with adequat~ provision for reclassification of any position whenever warranted by chanqed circumstances. (b) salary and Day plan for all positions (c) methods of determininq the merit and fitness of candidates for appointment and promotion Cd) Dolicies and procedures requlatinq reduction in force and removal of employees. (e) hours of work, attendance requlations and provision for sick, vacation, military, and other leave. (f) Dolicies and procedures qoverninq persons holdin~ provisional appointments. policies and procedures qoverninq relationships with employee orqanizations (h) Dolicies reqardinq in-service traininq Droqrams. (i) arievance procedures for the hearinq of qrievances ¢i) such other practices and procedures as may be necessary for the administration of the personnel system. SECTION 10. POSITION CLASSES: SALARY, WAGE AND MISCEI~NEOUS COMPENSATION SCHEDULES. The following schedules, together with class specifications previously incorporated by reference, constitute the classification and compensation plans of the Town as defined in Section 2: "Definitions". SCHEDULE A - Classification of Positions by Division and Compensation Grades/Schedule SCHEDULE B-1 & B-2 - General Annual Salary Schedule. SCHEDULE C - Non-union Police SCHEDUT~ D - Non-union Fire SCHEDUT~ E - Miscellaneous Compensation Schedule for Part-time Positions. SCHEDUTm-A - CLASSIFICATION OF POSITIONS BY DIVISION AND COMPENSATION GRADE/SCHEDUT~ DIVISION COMPENSATION GRADE 12 General Government Town Manager Town Accountant Junior Accountant Administrative Assistant to the Town Manager Administrative Secretary to the Town Manager Personnel Assistant Administrative and Finance Finance Director Assistant Finance Director Assistant Treasurer Town Assessor Field Appraiser/Assistant Assessor Board of Assessors - Chairman Board of Assessors - Part-Time Town Clerk Registrar of Voters - Town Clerk Registrar of Voters - Part-Time Public Safety Fire Chief Deputy Fire Chief Police Chief 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 'Director of Engineering and Administration Superintendent Highways, Utilities, Operations Asst. Supt. Highways, Utilities, Operations Superintendent Public Works Vehicle Maintenance Dept Head (Combined) Water Treatment Plant Superintendent Asst. Water Treatment Plant Superintendent Municipal Summer Employees Bathing Beach Lifeguards Bathing Beach Supervisor Planning and Community Development Director of Planning & Community Development Conservation Administrator Environmental Planner OR SCHEDUT~ Appt. Appt. S-15 S-14 S-7 S-14 Appt. S-20 S-14 S-21 S-15 Misc. Misc. Appt. Misc. Misc. Appt. F-Dep Appt. SP Disp Disp-Supv Misc. Misc. Misc. Misc. Appt. S-21 S-22 S-20 S-20 S-12 S-21 S-20 Misc. Misc. Misc. Appt. S-17 S-15 13 Town Planner Inspector of Buildings Assistant Building Inspector - Part-Time Assistant Inspectors - Building Dept - Part-Time Gas Inspector/Plumbing Inspector - Part-Time Electrical Inspector - Part-Time Sealer of Weights and Measures Animal Inspector - Part-Time Human Services Public Health Administrator Food Sanitation Inspector Public Health Physician - Part-Time Board of Health - Part-Time Sanitary Health Inspector Director of Senior Citizen's Proqrams Youth Service Director Library Director Assistant Library Director Veterans' Grave Officer SCHEDUT~ B-1 - COMPENSATION PLAN Compensation Grade Min II III IV S-19 S-21 S-16 Misc. Misc. Misc. Misc. Misc. S-20 S-17 Misc. Misc. S-19 S-21 Appt. S-21 S-18 Misc. MAX S-1 7.27 7.51 7.75 8.01 8.28 S-2 7.56 7.81 8.07 8.34 8.63 S-3 7.86 8.14 8.41 8.69 8.96 S-4 8.24 8.59 8.87 9.17 9.48 S-5 8.49 8.82 9.12 9.42 9.76 S-6 8.87 9.17 9.51 9.81 10.16 S-7 9.25 9.57 9.92 10.31 10.59 S-8 9.60 9.98 10.31 10.69 11.03 S-9 10.04 10.23 10.76 11.13 11.51 S-10 10.47 10.86 11.22 11.63 12.02 S-11 10.93 11.32 11.72 12.13 12.54 S-12 11.40 11.80 12.23 12.67 13.09 S-13 11.89 12.32 12.77 13.24 13.68 SCHEDULe. B-2 - COMPENSATION PLAN S-14 24,182 25,096 26,007 S-15 25,240 26,189 27,140 S-16 26,372 27,358 28,381 S-17 27,797 28,852 29,914 S-18 29,299 30,428 31,556 S-19 30,863 32,064 33,274 S-20 32,540 33,822 35,105 S-21 38,427 39,596 41,129 26,926 28,129 29,406 30,977 32,688 34,485 36,381 42,475 27,869 29,117 30,428 32,064 33,822 35,685 37,656 43,826 14 S-22 44,575 45,932 47,710 47,271 SCHEDU?.~ C - POLICE DEPARTMENT: NON UNION EMPLOYEES 50,840 I II III IV MAX S-P 8.82 9.05 9.41 9.76 10.07 P-DISP 9.25 9.57 9.92 10.31 10.59 P-DISP.SUPV. 11.40 11.80 12.23 12.67 13.09 SCHEDULE D - FIRE DEPARTMENT NON UNION EMPLOYEES F-Dep 41,799 yearly I II III IV MAX F-Disp 9.25 9.57 9.92 10.31 10.59 SCHEDULE E - MISC. COMPENSATION SCHEDULE FOR PART TIME POSITIONS CLASS TITLE COMPENSATION Animal Inspector Assistant Building Inspector - Civil Defense Director Gas Inspector/Plumbing Inspector Library Page Lifeguard Bathing Beach Attendant Municipal Summer Employees Police Matron Public Health Physician Board of Health Registrar of Voters Registrar of Voters-Town Clerk Reserve Patrolman School Crossing Guard Sealer of Weights and Measures Supervisor-Bathing Beach Electrical Inspector Veterans Grave Officer Board of Assessors - Chairman Board of Assessors Assistant Inspectors - Building Dept - Part-Time 89.86/MONTH Part-Time 13.33/HOUR 40.77/WEEK ll.42/PER/INSP MIN-4.35/ II-4.62/ III-4.90 334.71/WEEK W-1 MIN. LESS $0.25/HOUR 9.91/HOUR $1,200.00/YEAR $700.00/YEAR 720.08/YEAR 800.12/YEAR 9.91/HOUR 7.09/HOUR 215.63/MONTH 425.42/WEEK 459.79/WEEK 400.00/YEAR 4,000.00/YEAR 3,000.00/YEAR ll.42/PER INSP SECTION 11. INITIAL APPLICATION OF THE COMPENSATION PLAN (A) Any amendment of this By-Law providing 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 15 Town Meeting shall take effect on the first day of the month next following such meeting. (B) The rate of each employee occupying a position, the compensation of which is provided for in Schedule B-i, 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 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. (E) 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-1 or B-2 or is in excess 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". (F) The adjustments provided for in this section shall be subject to the availability of appropriated funds. SECTION 12. FRINGE BENEFITS AND WORKING CONDITIONS. Pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws, certain fringe benefits as set forth in subsequent sections of this Bylaw are hereby granted to employees occupying positions in the classification plan. The fringe benefits are considered to be a part of the compensation plan and the monetary value hereof shall be extended to eligible employees in addition to rates set forth in the appropriate salary or wage schedule. Part-time employees who work less than 20 hours per week do not receive frinqe benefits. SECTION 13. LONGEVITY INCREMENTS (A) An employee of the Town who has been in continuous full-time employment in a position subject to the Classification and Compensation plans shall be paid, in addition to the compensation received under the present Plan annual increments determined as follows: 16 ,LENGTH OF SERVICE Over 5 but not over 10 years Over 10 but not over 15 years Over 15 but not over 20 years Over 20 but not over 25 years Over 25 years AMOUNT $3oo.oo $65o.oo $?oo.oo $75o.oq $800.00 (B) An employee will become eligible for longevity increments on the 5th, the 10th, 15th, 20th, and 25th anniversary date of his or her employment: and the amount of increment to which he or she is entitled for the then current fiscal year will be determined by paying, in two payments, (one in December and one in June), the highest amount relative to the employee's anniversary date for that half of the then fiscal year. (C) An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if reemployed until a new five year period of continuous full-time employment has been served. (D) If the service of an employee is interrupted by lay-off, military service, or other reason not resulting from the employee's own action, total service will be considered as continuous service. (E) Upon termination or retirement of an employee, the total longevity payment shall be a prorated amount related to that half of the then fiscal year in which their employment is terminated. This prorated amount shall be computed by multiplying the number of day~ served in that half of the then fiscal year by the per day longevity dollar amount for a full half year at the appropriate rate. SECTION 14. UNIFORM ALTOWANCE A yearly allowance equal to the maximum annual allowance as noted in the North Andover Police Association contractural agreement shall be granted to the Police Chief for uniform allowance and such standard departmental equipment as needed. A yearly allowance equal to the maximum annual allowance as noted in the Local 2035, International Association of Fire Fighters contractual agreement shall be granted to the Fire Chief and Deputy Chief for uniform allowance and such standard equipment ~s needed. Ail uniforms shall be purchased at a store or stores as authorized in the respective contractual aqreements. In the event of a new employee in the job classifications 17 mentioned above, the Town will provide reimbursement for the first uniform. Any exception to this policy needs the approval in writing from the Town Manager. SECTION 15. WORKWEEK The work week for full-time employment in each occupational group shall be as follows: GROUP WORKWEEK Salaried Employees As required Clerical Group 37 1/2 hours Custodial Group As required. Public Safety Group/Non-Union Police Fire 40 Hours 40 Hours SECTION 16. OVERTIME COMPENSATION (A) CLERICAL GROUP An employee shall be paid at time and one half the hourly rate set forth in section B-1 which corresponds to his or her step rate designation in Schedule B-1 for hours worked in excess of those constituting his or her work week as set forth in Sectio~ 15: "Work Week" or compensating time off at time and one-half...(37,5 hours) (B) PUBLIC SAFETY GROUP (1) An hourly rated employee of the Police Department shall be paid at time and one half per hour for hours worked or compensating time off at time and one half in excess of those constituting his or her work week as set forth in Section 15: "Work Week". (40 hours) (2) An hourly rated employee of the Fire Department shall be paid at time and one half per hour for hours worked or compensating time off at time and one half in excess of those constituting his or her work week as set forth in Section 15: "Work Week". (40 hours) SECTION 17. PAID HOLIDAYS (A) The following days shall be recognized as legal holidays on which days employees shall be excused from all duty not required to maintain essential Town services: 18 New Year's Day Martin Luther King Day Presidents' Day Patriots' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day (B) Ail full time and permanent part-time employees (one who works an averaqe of at least 20 hours a week) shall be entitled to holiday pay for the desiqnated holidays. An employee who is absent without authorization, on his or her reqularly scheduled workinq shift befor~ or after the holiday shall not be eliqible for holiday pay. (C) Eligible employees shall be paid as follows: Hourly employees shall receive regular rate of pay based upon number of hours reqularly scheduled for the day on which the desiqnated holiday occurs. Eliqible employees paid on a weekly, semi-monthly, monthly or annual basis will be entitled to desiqnated holiday without loss of pay. (D) Eliqible employees will receive an additional day off or payment in lieu of one day under the followinq conditions: Performs work on holiday if required to maintain essential Town services 2. Reqular day off falls on holiday 3. Vacation day falls on holiday 4. Rotation of shift causes workinq different days in successive weeks which could result in workinq on holiday Se Continuous Part-time employees whose scheduled day off falls on a holiday will receive the average of the normal hours worked in a week. (Example: Employee works 20 hours in a normal 3 day week: holiday pay is 20 divided by 3 = 6 and 2/3rds hours) SECTION 18. VACATION T~AVE (A) A full time employee or a continuous part-time employee shall be granted vacations with pay on the following terms: ONE YEAR OF SERVICE FIVE YEARS OF SERVICE TEN YEARS OF SERVICE * TWENTY YEARS OF SERVICE TWO WEEKS THREE WEEKS FOUR WEEKS FIVE WEEKS 19 An employee, after six (6) months of continuous service, may request one week of his or her vacation in advance. (B) Employees will receive their full vacation entitlement as provided by this section, on the first of the month in which their anniversary falls. Lenqth of service for purposes of vacation eligibility shall be based upon the employee's anniversary date of employment. The amount of vacation time allowed in. any anniversary year will be based on the number of months of active service durinq the preceding twelve (12) months. (C) An employee shall be granted an additional day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the normal work week. (D) Absences on account of sickness in excess of that authorized under the rules therefore or for personal reasons as provided for under other leave may, at the discretion of the department head, be charged to vacation leave. (E) Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as accrued in the vacation year prior to the employee's death but which has not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died up to the time of his or her separation from payroll. (F) Absence for personal reasons may be charged to vacation leave upon application by the employee and approved by his or her department head. Such absences, however, may not be charged to vacation leave beyond that which the employee has earned at the time of such application. (G) Employees called upon to serve during a State or National emerqency will have vacation time accrued as mandated by Federal and State laws. (~) Vacation allowances provided under the terms of this section shall not be permitted to accumulate in excess of four (4) weeks at any time. Notwithstanding the foregoing restriction on vacation accumulation, an employee in continuous service for ten (10) or more years and eligible for four (4) weeks vacation shall be permitted to carry over one (1) week to the next anniversary year for an accumulation of five (5) weeks. Vacation shall be granted by the head of the respective department of the Town at such time as in his or her opinion will cause the least interference with the performance of the regular work of the Town. (I) Employees who are eligible for vacation under these rules 20 and whose services are terminated by dismissal, or by retirement, or by entrance into the armed forces, or who are on leave as result of an injury sustained while on the job, shall be paid an amount equal to the vacation allowance as earned, and not granted, nor used, in the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll, but no such payment shall be made to those persons on injury leave who have not been separated from the payroll. SECTION 19. SICK (A) A full time employee or a continuous part-time employee who has completed six months of service shall be allowed six days leave with pay and thereafter shall be allowed leave of one and one-quarter days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. (B) An employee shall be credited with the unused portion of leave granted under sub-section (A). (C) If the amount of leave credit provided under sub-section (B) has been or is about to be exhausted, an employee may make application for additional allowance to that provided under sub- section (A). Such application shall be made to the Town Manager which is authorized to grant such additional allowances as he or she may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his or her request for the additional allowance. (D) Sick leave must be authorized by the department head and must be reported, on blanks provided for same, to the Town Manager. (E) A physician's certificate of illness, shall be submitted by the employee after three days absence to his or her department head before leave is granted under the provisions of this Section. This certificate shall be forwarded by the department head to the Town Manager. (F) The Town Manager may require medical examination of any employee who reports his or her inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. (G) Injury, illness or disability self-imposed, or resulting from the use of alcohol or drugs shall not be considered a proper claim for leave under this Section. (H) Nothing in this section shall be construed to conflict with 21 Section 100 of Chapter 41 of the General Laws. (I) Up to four (4) days of accumulated sick leave may be used in any fiscal year for the purpose of an employee caring for a sick spouse or child residing in the employee's household. SECTION 20. WORKMEN'S COMPENSATION If an employee, who has been absent from work and collected sick Day. and has this absence declared eligible for workmen's compensation benefits the following shall take place: (A) Those days paid and charged to sick pay during this absence will be credited back to the employee based upon the difference. between the gross pay paid under sick pay benefit and the portion determined to be collected under workmen's compensation, (B) The first check received by the employee from workmen's compensation shall be turned over to the town to reimburse the town for the payments made to date under sick pay benefit and becomes the basis for determininq the credits due the employee for sick days. (C) Once it has been determined the amount the employee is to receive under workmen's compensation, the difference between one's regular gross week's pay and the workmen's compensation payment will be paid by the town and be charqed .against accrued sick days. This difference will continue until the employee exhausts his or her sick pay benefits or until the employee returns to work, whichever comes first. The employee will not accrue sick pay benefits while out on workmen's compensation. SECTION 21. BEREAVEMENT LEAVE Emergency leave up to five (5) working days may be allowed for the death in an employee's immediate family (wife, husband, child, parent of either spouse: up to three (3) days may be allowed for (brother, sister, grandparents, grandchildren, and person in the immediate household). SECTION 22. EDUCATION LEAVE An employee required by the Town to attend conferences, seminars, briefing sessions or their functions of a similar nature intended to improve, maintain or upgrade the employee's certifications, skills, and professional ability shall be granted leave with pay. SECTION 23. EDUCATIONAL REIMBURSEMENT A full time permanent employee, having completed one year of service with the Town, shall be eligible to receive educational reimbursement as follows: 22 (A) Advance approval of Department Head and Director of Division required. However, the Town Manaqer makes the final decision. (B) Course must be offered outside normal workinq hours. Hardship cases may be discussed with approving authority in (A).~ (C) Course contents must be job-related and approved. (D) Course cost must be approved in advance. (E) Educational reimbursement of 100% will be.made for tuitio~ only based upon on a passing grade of C or better. (F) Grade and payment certification is required before reimbursement. (G) R~ployee will be obliqed to remain in the Town employment for s~w months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. SECTION 24. PERSONAL Employees may use up to four (4) days in each fiscal year for personal reasons. These days may be used to extend vacation (or ~ holiday) with (2) weeks advance notice and advance approval by his or her division Director. Except in cases of emergency, personal days for other reasons requires twenty-four (24) hours advance notice.~ Unused personal leave cannot be carried over into next. fiscal year. SECTION 25. JURY LEAVE An employee required to serve on the Jury and thus having to be absent from regular duty may upon application be paid the difference between the compensation received from jury duty and his or her regular compensation from the town, upon presentation of an affidavit of jury pay granted. SECTION 26. MILITARY LRAVE An employee in full-time employment will be paid the difference between their ~reqular pay and the pay which they receive from state or Federal Government up to a maximum of ten days per year if called into temporary active duty of any unit of the U.S Reserves or the 23 State National Guard. Any benefits due the employee shall accrue according to state or federal statute. SECTION 27. TERMINAL TmAVE An employee whose service is terminated by retirement shall be allowed a portion of his or her accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring employee. (1) Twenty-five (25) whole years of continuous full-time service shall be considered 100 % service. (2) An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years provided that in no case shall said leave be measured by more than 75 days accumulated sick leave, or fifteen (15) work weeks, whichever is the lesser. SECTION 28. MATERNITY T~AVE (A) Every full-time and permanent part-time employee who has completed the initial probationary period of employment shall be entitled to a leave of absence without pay or benefits for a period of eight (8) weeks for purposes of giving birth. The employee must provide the Town Manager or designee with at least two (2) weeks notice prior to her expected departure date and indicate her intention to return to work after the leave. (B) An employee who returns to work after a leave for purposes of giving birth of no more than eight (8) weeks shall be restored to the same or a similar position with the same status, pay, and length of service credit. (C) Employees may use accrued sick leave and/or vacation benefits for disabilities related to pregnancy or childbirth.under the same terms and conditions which apply to other temporary medical disabilities. SECTION 29: UNPAID T~AVE OF ABSENCE (A) The Town Manager or his desiqnee may in his discretion grant an employee's request for a leave of absence without pay for medical or other good and sufficient reasons. Such a leave shall, if qranted, generally not exceed twelve (12) months. (B) An employee seekinq a leave of absence shall submit a written request to the Town Manager explaining the reasons why a leave is requested, and how long a leave the. employee is requestinq.. Such written request shall, except in case of emergency, be submit~e~ to the Town Manager at least four (4) weeks prior to the date on 24 ! APP, .,~O'X 50 GYMNASIUM TOWN OF NORTH ANDOVER PERSONNEL BY LAWS PROPOSED FOR ADOPTION MAY 1992 GRADE/SCHEDULE DIVISION COMPENSATION GRADE OR SCHEDULE General Government Town Manager Town Accountant Junior Accountant Administrative Assistant to the Town Manager Administrative Secretary to the Town Manager Personnel Assistant Appt. S-15 S-14 S-7 S-14 Administrative and Finance Finance Director Assistant Finance Director Assistant Treasurer Town Assessor Field Appraiser/Assistant Assessor Board of Assessors - Chairman Board of Assessors - Part-Time Town Clerk Registrar of Voters - Town Clerk Registrar of Voters - Part-Time Appt. S-20 S-14 S-21 S-15 Misc. Misc. Appt. Misc. Misc. Public Safety Fire Chief Deputy Fire Chief Police Chief Community Service Officer Dispatchers Dispatch Supervisor Police Matron Police Reservists School Crossing Guards - Part-Time Civil Defense Director - Part-Time Appt. F-Dep Appt. SP Disp Disp-Supv Misc. Misc. Misc. Misc. Public Works Director of Public Works Director of Engineering and Administration Superintendent Highways, Utilities, Operations Asst. Supt. Highways, Utilities, Operations Superintendent Public Works Vehicle Maintenance Dept Head (Combined) Water Treatment Plant Superintendent Asst. Water Treatment Plant Superintendent Municipal Summer Employees Bathing Beach Lifeguards Bathing Beach Supervisor Appt. S-21 S-22 S-20 S-20 S-13 S-21 S-20 Misc. Misc. Misc. Planning and Community Development 13 SECTION 1. AUTHORIZATION .................. SECTION 2. DEFINITIONS ................... SECTION 3. ADMINISTRATION - TOWN MANAGER .......... SECTION 4. CLASSIFICATION PLAN ............... SECTION 5. TERMINATION NOTICES ............... SECTION 6. LAYOFF/REINSTATEMENT .............. SECTION 7. GRIEVANCE PROCEDURE ............... SECTION 8. COMPENSATION PLAN ............... SECTION 9. AMENDMENT OF THE PLANS ............. SECTION 10. POSITION CLASSES ............... SCHEDULE-A - CLASSIFICATION OF POSITIONS ....... SCHEDULE B-1 - COMPENSATION PLAN .......... SCHEDULE B-2 - COMPENSATION PLAN ........... SCHEDULE C - POLICE DEPARTMENT: NON UNION EMPLOYEES . SCHEDULE D - FIRE DEPARTNRNT NON UNION EMPLOYEES . . . SCHEDULE E - MISC. COMPENSATION SCHEDUL ........ SECTION 11. INITIAL APPLICATION OF THE COMPENSATION PLAN . . SECTION 12. FRINGE BENEFITS AND WORKING CONDITIONS ..... SECTION 13. LONGEVITY INCREMENTS .............. SECTION 14. UNIFORM ALLOWANCE ............... SECTION 15. WORK WEEK ................... SECTION 16. OVERTIME COMPENSATION ............. SECTION 17. PAID HOLIDAYS ................ SECTION 18. VACATION LF. AVE ................. SECTION 19. SICK LEAVE ................... SECTION 20. WORKMEN' S COMPENSATION ............. SECTION 21. BEREAVEMENT LRAVE ............... SECTION 22. EDUCATION LRAVE ................ SECTION 23. EDUCATIONAL REIMBURSEMENT ........... 1 3 3 6 6 7 8 8 10 11 12 12 14 14 15 15 15 15 16 16 17 18 18 18 19 21 22 22 22 22 SECTION 24. PERSONAL T.F..~VE ................. SECTION 25. JURY T.RA%,-E ................... SECTION 26. MILITARY T.F.~VE ................. SECTION 27. TERMINAL T.R~VE ................ SECTION 28. MATERNITY LEAVE ................ SECTION 29: UNPAID T.F. AVE OF ABSENCE ............ SECTION 30. PHYSICAL EXAMINATION .............. SECTION 31. CIVIL SERVICE LAW ............... SECTION 32. EFFECT OF PARTIAL INVALIDITY .......... SECTION 33. ADDITIONAL POSITIONS .............. 23 23 23 24 24 24 25 25 25 25 PERSONNEL BY-LAW FY 1992 SECTION 1. AUTHORIZATION Pursuant to the authority contained in Section 10SA of chapter 41 of the General Laws there shall be established plans, which may be amended from time to time by vote of the Town at a Town meeting. These plans will include: (A) classifying positions in the service of the Town, other than those filled by popular election, those under the direction and control of the School Committee, the position of Town Counsel and certain positions for which the compensation is on a fee basis or the incumbents of which render intermittent or casual service and which do not appear in Schedule A of Section 10: "Position Classes" following, into groups and classes doing substantially similar work or having substantially equal responsibilities: (B) authorizing a compensation plan for positions in the classification plan and (C) providing for the administration of said classification and compensation plans. These plans specifically exclude any employees covered under collective bargaining agreements, and appointed employees covered under contractual agreements. This By-Law shall be reviewed annually prior to the warrant for annual Town Meeting. Any personnel question not specifically covered by the.provisions of this bylaw shall be at the discretion of the Town Manager. SECTION 2. DEFINITIONS As used in this By-Law, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth: Administrative Authority:~The elected or appointed official or board, having jurisdiction over a function or activity. Civil Service Law: Chapter 31 of the General Laws of the Commonwealth, as amended and all rules and regulations made thereunder: and any special law enacted by the General Court regulating the classification, compensation and conditions of employment of officers and employees of the Town under Chapter 31. Class: A group of positions in the Town service sufficiently similar in respect to duties and responsibilities so that the same descriptive 3 title may be used to designate each position allocated to the class, that the same qualifications shall be required of the incumbents, that the same tests of fitness may be used to choose qualified employees and that the same scale of compensation can be made to apply with equity. Classification Plan: Class titles of Schedule A of Section 10: "Position Classes" of this By-Law plus class specifications which are on file with the Town Manager and which; are hereby incorporated by reference. Compensation Plan and Grade: These terms refer to a range of salary or wage rates appearing in schedule B-1 through E of Section 10: "Position Classes". Continuous Employment: Employment uninterrupted except for required military service and for authorized vacation leave, sick leave, bereavement leave, or other leave of absence. Continuous Part-Time Employment: An employee who is employed by the Town for a minimum of twenty hours per week every week of the year with the exception of accrued vacation leave. Department: Any department, board, committee, commission or other agency of the Town subject to this By-Law. Department Head: The officer, board, or other body having immediate supervision and control of a department. Emergency Position: A temporary position created for a duration of not more than one fiscal year for the purpose of meeting an unforseen problem in the delivery of Town service. Employee: An employee of the Town occupying a position in the classification plan. Full-Time Employee: An employee retained in full-time employment. Full-Time Employment: Employment for not less than seven and one-half hours a day five days a week for fifty-two weeks per year, less leqa] holidays and any authorized leaves of absence. Any person so employed is a full-time employee. Group: An occupational group of classes appearing in Schedule A. Increment: The dollar difference between step rates. Longevity Pay: Compensation to an employee occupying a position in the classification plan in full-time continuous employment of five years or longer pursuant to the schedule appearing in Section 13: "Longevity Increments". Maximum Rate: The highest rate in a range which an employee normally is entitled to attain. Minimum Rate: The rate in a range which is normally the hiring rate of a new employee. Part-Time Employee: An employee retained in part-time employment. Part-Time Employment: Employment for less than the time defined ab0va as full-time employment. (Less than twenty hours per week) Any person so employed is a part-time employee. Permanent Employee: (1) any employee retained on a continuing basis in a permanent position, as defined above: (2) any employee holding a permanent appointment under Civil Service Law to a position deemed permanent within the meaning of said law. Permanent Position: Any position in the Town service which has required or which is likely to require the services of an incumbent without interruption for a period of more than six calender months, either on a full-time or part-time employment basis. Personal Rate: A rate above the maximum rate applicable only to a designated employee. Position: An office or post of employment in the Town service which has required or which is likely to require the service of an incumbent without interruption for a period of more than six calendar months, either on a full-time or part-time employment basis. Position Class: Same as class (a class may include only one position in which event it is defined as a "single position class"). Promotion: A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade. Range: The dollar difference between minimum and maximum rates. Rate: A sum of money designated as compensation for personal services on an hourly, weekly, monthly, annual, or other basis. Single Rate: range. a rate for a designated position class which is not in a Step Rate: a rate in a range of compensation grade. Temporary Employee: (1) an employee retained in a temporary position as defined below: (2) any employee holding a temporary appointment under Civil service Law who does not also have permanent status thereunder. Temporary Position: any position in the Town service which required or is likely to require the service of one incumbent for a period not 5 exceeding six calendar months, either on a full-time or part-time basis. Town: the Town of North Andover. Town Manaqer: the Town Manaqer is the Chief Administrative Officer of the Town appointed by the Board of Selectmen. Defined in Section 3: "Administration - Town Manaqer". SECTION 3. ADMINISTRATION - TOWN MANAGER (A) There shall be a Town Manager responsible for the administration of the classification and compensation plans. Manager shall be appointed by the Board of Selectmen. The Town (B) The Town Manager shall be invested with all the powers and duties specified in Section 108C of Chapter 41 of the General Laws. (C) The Town Manager shall administer the plans and shall establish such procedures as he or she deems necessary for the proper administration thereof,and, subject to the approval of the Selectmen, assign to the Administrator such duties as he or she deems necessary. (D) The Town Manager may employ assistance and incur expenses as he or she deems necessary subject to the appropriation of funds therefor. (E) The Town Manager shall maintain adequate personnel records of all employees occupying positions subject to the classification and compensation plans, said records to be kept in his or her custody. Department Heads shall provide such information as the Town Manager may request. (F) The Town Manager from time to time, shall investigate the work features and rates of salaries or wages of any or all positions subject to the provisions of this By-Law. Such reviews shall be made at such intervals as the Town Manager deems necessary and, to the extent which the Town Manager considers practicable, shall include all occupational groups in the classification plan. SECTION 4. CLASSIFICATION PLAN (A) Ail positions in the service of the Town except those excluded in Section 1: "Authorization" are hereby classified by titles appearing in schedule A of Section 10: "Position Classes", which is made a part hereof. These classes of positions shall constitute the Classification Plan for the paid Town service, within the meaning of Section 10SA of Chapter 41 of The General Laws, as amended. (B) The Town Manager shall maintain written job descriptions or specifications of the classes in the classification plan, each consisting of a statement describing the essential nature of the work and the characteristics that distinguish the class from other classes. The description for any class shall be construed solely as a means of identification and not as prescribing what the duties or responsibilities of any position shall be, or as modifying, or in any way affecting, the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority. (C) Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Town Manager, the Town Manager shall allocate such new or changed position or its appropriate class, as hereinafter provided. (D) The title of each class, as established by the Classification plan shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position. (E) No position may be reclassified or no class may be assigned to different compensation grade, until the Town Manager shall have determined such reclassification or such reassignment to be consistent with the classification and compensation plans. SECTION 5. TERMINATION NOTICES (A) The first six months of employment for any new personnel shall be considered a probationary period. If the employee's work upon management review is unsatisfactory, the employee may be dismissed by the Town Manager during the first six months. After the probationary period, the employee shall be considered a permanent employee of the Town. An employee may be dismissed at any time for good and sufficient cause: but no permanent employee shall serve more than one probationary period during one tenure of employment. (B) (1): The Department Head must provide a permanent employee(i.e, non-probationary) with written notification of any contemplated dismissal for qood and sufficient cause and the specific reasons (i.e., charges against the employee) for said action. Within forty-eight hours after receipt of said notice, a permanent employee may submit, in writing, a request to discuss this action with the Department Head. The Department Head will promptly schedule a hearing with said employee within ten days. Department Head or his or her designee will preside at this hearing. At this pre-termination hearing, the permanent employee or his or her attorney will have the opportunity to present reasons why the Town should not discharge said employee. Within ten days after the hearing, the Department Head will notify said employee, in writing, of his or her recommendation to the 7 Town Manager. (B) (2): upon receipt of the Department Head's recommendation, th~ permanent employee has five days to request a full evidentiary hearing before the Town Manager. The Town Manager may designate a hearin~ officer to Dreside at this hearing. The hearing must be schedule~ within thirty-days of receipt of said request unless otherwise agreed by the parties. At the hearing, the Town must present the reasons why said employee is being considered for termination. Whenever possible, this evidence should be Drovided through witness testimony. After the Town presents its evidence, the permanent employee or his or her attorney may question the Town's witnesses or present relevant evidence that supports his or her position. After the hearing, the Town Manager will notify said employee, in writing, of his or her decision within fifteen days. The Town Manager's decision is final and the discharged employee has no rights to appeal. ~0TE: A civil service employee's entitlement to a hearing is defined by Chapter 31, Section 41 of the General Laws. A civil service employee has no right to a hearing under this section of the by-laws. SECTION 6. LAYOFF/REINSTATEMENT (A) In the case of a layoff, employees will be given two weeks' Rrior written notice. (B) If an employee is reinstated within one year of his/her lay off, the employee will retain his/her number of years service at the time of layoff. All benefits including retirement will resume accrual at the time of reinstatement. However, in no case will the employee receive credit for the period of the lay off. SECTION 7. GRIEVANCE PROCEDURE (A) Definition of Grievance A grievance is a dispute between an employee and the Town involving the interpretation or application of the specific terms of this bylaw. (B) Grievance Steps Step 1 - Immediate Supervisor No later than five (5) work days after the event giving rise to the grievance, or five (5) work days after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee must submit a written grievance to his or her immediate supervisor. The written grievance must contain the 8 specific term(s) allegedly violated by the Town on the basis for ~laiminq said violation. The failure to do so will be .sufficient grounds to refuse to process the grievance. Within five (5) work days after receiving the grievance, the immediate supervisor and the employee shall meet to discuss the grievance. The immediate supervisor shall give his or her written answer within five (5) work days of said meeting. If the Department Head is the immediate supervisor then Step 2 is the first step of this grievance process. Step 2 - Department Head. If the grievance is not settled in step 1, the employee, no later than five (5) work days after receipt of the immediate .supervisors response to the grievance or when said response is due, whichever is earlier, may file a written appeal to his or her department head. Within five (5) work days after receipt of this appeal, the department head and the employee shall meet to discuss the grievance. The department head shall give his or her written answer within five (5) days of said meeting. Step 3 - Town Manager If the grievance is not resolved at step 2, the grievance, may b~ presented to the Town Manager within five C5) work days after the response from the department head, or when said response is due, whichever is earlier. The Town Manager or his or her designee shall meet with the employee within ten (10) work days of the presentation of the grievance at step 3. The Town Manager or his or her designee, shall give his or her written answer to the grievance within ten (10) work days after such meeting, and said answer shall be final and binding on the employee and the Town. .~) Written Presentation. Ail Grievances presented at any step of the grievance procedure set forth in section 2: "Definitions" of this bylaw shall specify: The facts giving rise to the grievance; the provision(s) of the bylaw, if any, al!e~ed to have been violated; and the remedy sought. All grievances shall be signed and dated by the aggrieved employee. All written answers submitted by the Town shall be signed and dated by the appropriate Town Official. (D) Time Limitations. No grievance shall be accepted by the Town unless it is submitted or appealed within the time limits set forth in this article of the bylaw. If the grievance is not timely submitted at step 1 or step 2, it shall be deemed waived. If the grievance is not timely appealed to step 3, it shall be deemed to have been settled in accordance with the Town's step 2 answer. If the Town fails to answer within the time limit set forth in section 2: "Definitions" of this bylaw, the qrievant should proceed to the next step as if the grievance was denied. SECTION 8. COMPENSATION PLAN (A) The compensation plan shall consist of Schedules B-1 through E in Section 10: "Position Classes". (B) No department head shall fix the salary of any employee in a position so classified except in accordance with the compensation plan. (C) No person shall be appointed, employed or paid as an employee in any position subject to the provisions of the classification plan under any title other than those appearing in schedule A of Section 10: "Position Classes". (D) An employee in continuous full-time or part-time employment shall be eligible to receive the increment between his or her present rate and the next higher step rate 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 until he or she attains the maximum rate of the range the compensation grade to which his or her position class is assigned. (3) The increase in rate which this increment represents must be 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. (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. (F) Any employee occupying a position in the classification plan who is not recommended to receive the increment specified in sub- sections (D) or (E) shall have the right to appeal to the Town Manager. (1) Upon receipt of such appeal the Town Manager may initiate and approve the increment without the recommendation of the department head after hearing both the employee and the department head or may deny the appeal. (2) In the event of the Town Manager's denial of the appeal, the employee involved may appeal to the Town for a final 10 decision at a subsequent Town Meeting in a special article in the Town Warrant. (G) A new full-time employee denied an increment after six month's continuous employment shall be considered again for such increment following completion of an additional six months' continuous employment. (H) 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. (J) The Town Manager may authorize an entrance rate higher than the minimum rate upon recommendation of a department head, supported evidence in writing of special reasons and exceptional circumstances satisfactory to the Town Manager and such other variance in the classification and compensation plans as he or she may deem necessary for the proper functioning of the service of the Town. (K) The Town Manager may assign a new class tentatively to a compensation grade or reassign an existing class to a different compensation grade, subject to the subsequent ratification of its action by formal amendment of the plans by vote of the Town at a Town Meeting. (L) Each head of a department to which is assigned an employee occupying a position in the classification plan shall include in his or her estimates required by the provision of Section 59 of Chapter 41 of the General Laws a pay adjustment section setting forth in detail the amounts which will be required for anticipated pay adjustments during the ensuing year and shall furnish a copy thereof to the Town Manager. (M) The adjustments provided for in this section shall be subject to the availability of appropriated funds. SECTION 9. AMENDMENT OF THE PLANS After consultation with the Board of Selectmen, the Town Manaqer 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 listed in the Personnel By-Law. 11 Such By-Laws shall Drovide for: (a) the classification of positions, based on duties, responsibilities and authority of each position, with adequate provision for reclassification of any position whenever warranted by chanqed circumstances. (b) salary and pay plan for all positions (c) methods of determininq the merit and fitness of candidates fQr appointment and promotion (d) policies and procedures requlating reduction in force and removal of employees. (e) hours of work, attendance requlations and provision for sick, vacation, military, and other leave. Cf) Dolicies and procedures qoverninq persons holdinq provisional appointments. (g) Dolicies and procedures qoverning relationships with employee organizations policies regarding in-service training program~. Grievance procedures for the hearinq of. grievances (~) such other practices and procedures as may be necessary for the administration of the personnel system. SECTION 10. POSITION CLASSES: SALARY, WAGE AND MISC~Lr~%NEOUS COMPENSATION SCHEDUTmS. The following schedules, together with class specifications previously incorporated by reference, constitute the classification and compensation plans of the Town as defined in Section 2: "Definitions". SCHEDULE A - Classification of Positions by Division and Compensation Grades/Schedule SCHEDULE B-1 & B-2 - General Annual Salary Schedule. SCHEDULE C - Non-union Police SCHEDULE D - Non-union Fire SCHEDULE E - Miscellaneous Compensation Schedule for Part-time Positions. SCHEDULE-A - CLASSIFICATION OF POSITIONS BY DIVISION AND COMPENSATION 12 GRADE/SCHEDUr~ DIVISION COMPENSATION GRADE OR SCHEDULE General Government Town Manager Town Accountant Junior Accountant Administrative Assistant to the Town Manager Administrative Secretary to the Town Manager Personnel Assistant Appt. S-15 S-14 S-7 S-14 Administrative and Finance Finance Director Assistant Finance Director Assistant Treasurer Town Assessor Field Appraiser/Assistant Assessor Board of Assessors - Chairman Board of Assessors - Part-Time Town Clerk Registrar of Voters - Town Clerk Registrar of Voters - Part-Time Appt. S-20 S-14 S-21 S-15 Misc. Misc. Appt. Misc. Misc. Public Safety Fire Chief Deputy Fire Chief Police Chief Community Service Officer Dispatchers Dispatch Supervisor Police Matron Police Reservists School Crossing Guards - Part-Time Civil Defense Director - Part-Time Appt. F-Dep Appt. SP Disp Disp-Supv Misc. Misc. Misc. Misc. Public Works Director of Public Works Director of Engineering and Administration Superintendent Highways, Utilities, Operations Asst. Supt. Highways, Utilities, Operations Superintendent Public Works Vehicle Maintenance Dept Head (Combined) Water Treatment Plant Superintendent Asst. Water Treatment Plant Superintendent Municipal Summer Employees Bathing Beach Lifeguards Bathing Beach Supervisor Appt. S-21 S-22 S-20 S-20 S-13 S-21 S-20 Misc. Misc. Misc. Planning and Community Development 13 Director of Planning & Community Development Conservation Administrator Environmental Planner Town Planner Inspector of Buildings Assistant Building Inspector - Part-Time Assistant Inspectors - Building Dept - Part-Time Gas Inspector/Plumbing Inspector - Part-Time Electrical Inspector - Part-Time Sealer of Weights and Measures Animal Inspector - Part-Time Human Services Public Health Administrator Food Sanitation Inspector Public Health Physician - Part-Time Board of Health - Part-Time Sanitary Health Inspector Director of Senior Citizen's Proqrams Youth Service Director Library Director Assistant Library Director Veterans' Grave Officer SCHEDULE B-1 - COMPENSATION PLAN Compensation Grade Min II III IV Appt. S-17 S-15 S-19 S-21 S-16 Misc. Misc. Misc. Misc. Misc. S-20 S-17 Misc. Misc. S-19 S-21 Appt. S-21 S-18 Misc. S-1 7.27 7.51 7.75 8.01 8.28 S-2 7.56 7.81 8.07 8.34 8.63 S-3 7.86 8.14 8.41 8.69 8.96 S-4 8.24 8.59 8.87 9.17 9.48 S-5 8.49 8.82 9.12 9.42 9.76 S-6 8.87 9.17 9.51 9.81 10.16 S-7 9.25 9.57 9.92 10.31 10.59 S-8 9.60 9.98 10.31 10.69 11.03 S-9 10.04 10.23 10.76 11.13 11.51 S-10 10.47 10.86 11.22 11.63 12.02 S-Il 10.93 11.32 11.72 12.13 12.54 S-12 11.40 11.80 12.23 12.67 13.09 S-13 11.89 12.32 12.77 13.24 13.68 SCHEDUr~ B-2 - COMPENSATION PLAN S-14 24,182 25,096 26,007 S-15 25,240 26,189 27,140 S-16 26,372 27,358 28,381 S-17 27,797 28,852 29,914 S-18 29,299 30,428 31,556 26,926 28,129 29,406 30,977 32,688 27,869 29,117 30,428 32,064 33,822 14 S-19 30,863 32,064 33,274 34,485 35,685 S-20 32,540 33,822 35,105 36,381 37,656 S-21 38,427 39,596 41,129 42,475 43,826 S-22 44,575 45,932 47,710 47,271 50,840 SCHEDULE C - POLICE DEPARTMENT: NONUNION EMPLOYEES I II III IV MAX S-P 8.82 9.05 9.41 9.76 10.07 P-DISP 9.25 9.57 9.92 10.31 10.59 P-DISP.SUPV. 11.40 11.80 12.23 12.67 13.09 SCHEDUTm D - FIRE DEPARTMENT NON UNION EMPLOYEES F-Dep 41,799 yearly I II III IV MAX F-Disp 9.25 9.57 9.92 10.31 10.59 SCHEDULE E - MISC. COMPENSATION SCHEDULE FOR PART TIME POSITIONS CLASS TITLE COMPENSATION Animal Inspector Assistant Building Inspector - Part-Time Civil Defense Director Gas Inspector/Plumbing Inspector Library Page Lifeguard Bathing Beach Attendant Municipal Summer Employees Police Matron Public Health Physician Board of Health Registrar of Voters Registrar of Voters-Town Clerk Reserve Patrolman School Crossing Guard Sealer of Weights and Measures Supervisor-Bathing Beach Electrical Inspector Veterans Grave Officer Board of Assessors - Chairman Board of Assessors Assistant Inspectors - Building Dept - Part-Time 89.86/MONTH 13.33/HOUR 40.77/WEEK ll.42/PER/INSP MIN-4.35/ II-4.62/ III-4.90 334.71/WEEK W-1 MIN. LESS $0.25/HOUR 9.91/HOUR $1,200.00/YEAR $700.00/YEAR 720.08/YEAR 800.12/YEAR 9.91/HOUR 7.09/HOUR 215.63/MONTH 425.42/WEEK 459.79/WEEK 400.00/YEAR 4,000.00/YEAR 3,000.00/YEAR ll.42/PER INSP SECTION 11. INITIAL APPLICATION OF THE COMPENSATION PLAN 15 (A) Any amendment of this By-Law providing 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) The rate of each employee occupying a position, the compensation of which is provided for in Schedule B-i, 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 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. (E) 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-1 or B-2 or is in excess 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". (F) The adjustments provided for in this section shall be subject to the availability of appropriated funds. SECTION 12. FRINGE BENEFITS AND WORKING CONDITIONS. Pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws, certain fringe benefits as set forth in subsequent sections of this Bylaw are hereby granted to employees occupying positions in the classification plan. The fringe benefits are considered to be a part of the compensation plan and the monetary value hereof shall be extended to eligible employees in addition to rates set forth in the appropriate salary or wage schedule. Part-time employees who work less than 20 hours per week do not receive frinqe benefits. SECTION 13. LONGEVITY INCREMENTS (A) An employee of the Town who has been in continuous full-time employment in a position subject to the Classification and 16 Compensation plans shall be paid, in addition to the compensation received under the present Plan annual increments determined as follows: LENGTH OF SERVICE Over 5 but not over 10 years Over 10 but not over 15 years Over 15 but not over 20 years Over 20 but not over 25 years Over 25 years AMOUNT 300.00 $650.00 $700.00 $750.00 $800.00 (B) An employee will become eligible for longevity increments on the 5th, the 10th, 15th, 20th, and 25th anniversary date of his or her employment: and the amount of increment to which he or she is entitled for the then current fiscal year will be determined by pavinG, in two payments, (one in December and one in June), the highest amount relative to the employee's anniversary date for that half of the then fiscal year. (C) An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if reemployed until a new five year period of continuous full-time employment has been served. (D) If the service of an employee is interrupted by lay-off, military service, or other reason not resulting from the employee's own action, total service will be considered as continuous service. (E) Upon termination or retirement of an employee, .the total longevity payment shall be a prorated amount related to that half of the then fiscal year in which their employment.is terminated. This prorated amount shall be computed by multiplyinq the number of days served in that half of the then fiscal year..by the per day longevity dollar amount for a full half year at the appropriate rate. SECTION 14. UNIFORM ALLOWANCE A yearly allowance equal to the maximum annual allowance as noted in the North Andover Police Association contractural agreement shall be granted to the Police Chief for uniform allowance and such standard departmental equipment as needed. A yearly allowance equal to the maximum annual allowance as noted in the Local 2035, International Association of Fire Fiqhters contractual agreement shall be granted to the Fire Chief and Deputy Chief for uniform allowance and such standard eq~.ipment.as needed. Ail uniforms shall be purchased at a store or stores as 17 authorized in the respective contractual agreements. In the event of a new employee in the job classifications mentioned above, the Town will provide reimbursement for the first uniform. Any exception to this policy needs the approval in writinq from the Town Manager. SECTION 15. WORKWEEK The work week for full-time employment in each occupational group shall be as follows: GROUP WORKWEEK Salaried EmDloyees As required Clerical Group 37 1/2 hours Custodial Group As required. Public Safety Group/Non-Union Police Fire 40 Hours 40 Hours SECTION 16. OVERTI~ COMPENSATION (A) CLERICAL GROUP An employee shall be paid at time and one half the hourly rate set forth in section B-] which corresponds to his or her step rate designation in Schedule B-1 for hours worked in excess of those constituting his or her work week as set forth in Section 15: "Work Week" or compensating t~me off at time and one-half. {37.5 hours) (B) PUBLIC SAFETY GROUP (1) An hourly rated employe~ of the Police Department shall be paid at time and one half per hour for hours worked or compensating time off at time and one half in excess of those constituting his or her work week as set forth in Section 15: "Work Week". (40 hours) (2) An hourly rated employee of the Fire Department shall be paid at time and one half per hour for hours worked or compensating time off at time and one half in excess of those constituting his or her work week as set forth in Section 15: "Work Week". (40 hours) SECTION 17. PAID HOLIDAYS 18 (A) The following days shall be recognized as legal holidays on which days emDloyees shall be excused from all duty not required to maintain essential Town services: New Year's Day Martin Luther King Day Presidents' Day Patriots' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day (B) Ail full time and permanent part-time employees (one who workm an average of at least 20 hours a week) shall be entitled to holiday pay for the designated holidays. An employee who is absent without authorization, on his or her regularly scheduled working shift, before or after the holiday shall not be eligible for holiday pay. (C) Eligible employees shall be paid as follows: Hourly employees shall receive regular rate of pay based uDon number of hours regularly scheduled for the day on which the designated holiday occurs. EliGible employees paid on a weekly, semi-monthly, monthly or annual basis will be entitled to designated holiday without loss of pay. (D) Eligible employees will receive an additional day off or.payment in lieu of one day under the following conditions: Performs work on holiday if required to maintain essential Town services 2. Regular day off falls on holiday 3. Vacation day falls on holiday 4. Rotation of shift causes working different d~ys in successive weeks which could result in working on holiday Continuous Part-time employees whose scheduled day off falls on a holiday will receive the average of the normal hours worked in a week. (Example: Employee works 20 hours in a normal 3 day week: holiday pay is 20 divided by 3 = 6 and 2/3rds hours) SECTION 18. VACATION LEAVE (A) A full time employee or a continuous part-time employee shall be granted vacations with pay on the following terms: ONE YEAR OF SERVICE TWO WEEKS 19 FIVE YEARS OF SERVICE THREE WEEKS TEN YEARS OF SERVICE FOUR WEEKS * TWENTY YEARS OF SERVICE FIVE WEEKS An employee, after six (6) months of continuous service, may request one week of his or her vacation in advance. (B) Employees will receive their full vacation entitlement as provided by this section, on the first of the month in which thei~ anniversary falls. Length of service for purposes of vacation eligibility shall be based upon the employee's anniversary dale of employment. The amount of vacation time allowed in any anniversa~ year will be based on the number of months of active service durin~ the preceding twelve (12) months. (C) An employee shall be granted an additional day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the normal work week. (D) Absences on account of sickness in excess of that authorized under the rules therefore or for personal reasons as provided for under other leave may, at the discretion of the department head, be charged to vacation leave. (E) Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as accrued in the vacation year prior to the employee's death but which has not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died up to the time of his or her separation from payroll. (F) Absence for personal reasons may be charged to vacation leave upon application by the employee and approved by his or her department head. Such absences, however, may not be charged to vacation leave beyond that which the employee has earned at the time of such application. (G) Employees called upon to serve during a State or National emergency will have vacation time accrued as mandated by Federal a~d State laws. (R) Vacation allowances provided under the terms of this section shall not be permitted to accumulate in excess of four (4) weeks at any time. Notwithstanding the foregoing restriction on vacation accumulation, an employee in continuous service for ten (10) or more years and eligible for four (4) weeks vacation shall be permitted to carry over one (1) week to the next anniversary year for an accumulation of five (5) weeks. Vacation shall be granted by the head of the respective department of the Town at such time as in his or her opinion will cause the least interference with the perfOrmance of 20 the regular work of the Town. (I) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal, or by retirement, or by entrance into the armed forces, or who are on leave as result of an injury sustained while on the job, shall be paid an amount equal to the vacation allowance as earned, and not granted, nor used, in the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll, but no such payment shall be made to those persons on injury leave who have not been separated from the payroll. SECTION 19. SICK ~mAVE (A) A full time employee or a continuous part-time employee who has completed six months of service shall be allowed six days leave with pay and thereafter shall be allowed leave of one and one-quarter days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. (B) An employee shall be credited with the unused portion of leave granted under sub-section (A). (C) If the amount of leave credit provided under sub-section (B) has been or is about to be exhausted, an employee may make application for additional allowance to that provided under sub- section (A). Such application shall be made to the Town Manager which is authorized to grant such additional allowances as he or she may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his or her request for the additional allowance. (D) Sick leave must be authorized by the department head and must be reported, on blanks provided for same, to the Town Manager. (E) A physician's certificate of illness, shall be submitted by the employee after three days absence to his or her department head before leave is granted under the provisions of this Section. This certificate shall be forwarded by the department head to the Town Manager. (F) The Town Manager may require medical examination of any employee who reports his or her inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. (G) Injury, illness or disability self-imposed, or resulting from the use of alcohol or drugs shall not be considered a proper 21 claim for leave under this Section. (H) Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the General Laws. (I) Up to four (4) days of accumulated sick leave may be used in any fiscal year for the purpose of an employee caring for a sick spouse or child residing in the employee's household. SECTION 20. WORK~RN'S COMPENSATION If an employee, who has been absent from work and collected sick pay, and has this absence declared eligible for workmen's compensation benefits the following shall take place: (A) Those days paid and charged to sick pay during this absenca will be credited back to the employee based upon the difference between the gross pay paid under sick pay benefit and the portion determined to be collected under workmen's compensation. (B) The first check received by the employee from workmen's compensation shall be turned over to the town to reimburse the town for the payments made to date under sick pay benefit and becomes the basis for determining the credits due the employee for sick days. (C) Once it has been determined the amount the employee is to receive under workmen's compensation, the difference between, one's regular gross week's pay and the workmen's compensation payment will be paid by the town and be charged against accrued sick days. This difference will continue until the employee exhausts his or her sick pay benefits or until the employee returns to work, whichever comes first. The employee will not accrue sick pay benefits while out on workmen's compensation. SECTION 21. BEREAVEMENT Emergency leave up to five (5) working days may be allowed for the death in an employee's immediate family (wife, husband, child, parent of either spouse: up to three (3) days may be allowed for (brother, sister, grandparents, grandchildren, and person in the immediate household). SECTION 22. EDUCATION LEAVE An employee required by the Town to attend conferences, seminars, briefing sessions or their functions of a similar nature intended to improve, maintain or upgrade the employee's certifications, skills, and professional ability shall be granted leave with pay. SECTION 23. EDUCATIONAL REIMBURSEMR. NT 22 A full time permanent employee, having completed one year of service with the Town, shall be eligible to receive educational reimbursement as follows: (A) Advance approval of Department Head and Director of Division required. However, the Town Manager makes the final decision. (B) Course must be offered outside normal working hours. Hardship cases may be discussed with approving authority in (A). (C) Course contents must be job-related and approved. (D) Course cost must be approved in advance. (E) Educational reimbursement of 100% will be made for tuition only based upon on a passing grade of C or better. (F) Grade and payment certification is. required before reimbursement. (G) Employee will be obliged to remain in the Town employment for six months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. SECTION 24. PERSONAL T.RAVE Employees may use up to four (4) days in each fiscal year for personal reasons. These days may be used to extend vacation (or a holiday) with (2) weeks advance notice and advance approval by his or her division Director. Rwcept in cases of emergency, personal days for other reasons requires twenty-four (24) hours advance notice. Unused personal leave cannot be carried over into next fiscal year. SECTION 25. JURY LEAVE An employee required to serve on the Jury and thus having to be absent from regular duty may upon application be paid the difference between the compensation received from jury duty and his or her regular compensation from the town, upon presentation of an affidavit of jury pay granted. SECTION 26. MILITARY LRAVE An employee in full-time employment will be paid the difference 23 between their regular pay and the pay which they receive from Stato or Federal Government up to a maximum of ten days per year if called into temporary active duty of any unit of the U.S Reserves or tho State National Guard. Any benefits due the employee shall accrue according to state or federal statute. SECTION 27. TERMINAL rm~VE An employee whose service is terminated by retirement shall be allowed a portion of his or her accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring employee. (1) Twenty-five (25) whole years of continuous full-time service shall be considered 100 % service. (2) An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years provided that in no case shall said leave be measured by more than 75 days accumulated sick leave, or fifteen (15) work weeks, whichever is the lesser. SECTION 28. MATERNITY T.F. AVE (A) Every full-time and permanent part-time employee who has completed the initial probationary period of employment shall be entitled to a leave of absence without pay or benefits for a period of eight (8) weeks for purposes of giving birth. The employee must provide the Town Manager or designee with at least two (2) weeks notice prior to her expected departure date and indicate her intention to return to work after the leave. (B) An employee who returns to work after a leave for purposes of giving birth of no more than eight (8) weeks shall be restored to the same or a similar position with the same status, pay, and length of service credit. (C) Employees may use accrued sick leave and/or vacation benefits for disabilities related to pregnancy or childbirth under the same terms and conditions which apply to other temporary medical disabilities. SECTION 29: UNPAID TmAVE OF ABSENCE (A) The Town Manager or his designee may in his discretion grant an employee's request for a leave of absence without pay for medical or other good and sufficient reasons. Such a leave shall, if granted, generally not exceed twelve (12) months. (B) An employee seeking a leave of absence shall submit written request to the Town Manager explaining the reasons why 24 leave is requested, and how lonq a leave the employee is requestinq. Such written request shall, except in case of emerqency, be submitte~ to the Town Manaqer at least four (4) weeks prior to the date on which the employee wishes to start the leave. The Town Manager shall have discretion as to whether to approve a request for a leave of absence, and as to the duration of any leave approved. (C) An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than a leave for military service shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefit but can continue qroup health insurance coverage by payinq the full premium cost in advanc~ on a monthly basis. (D) An employee returninq to work after an approved leave of absence will be place at that step of the salary schedule at which he was being paid prior to said leave of absence. SECTION 30. PHYSICAL EXAMINATION Before appointment to a position in the classification plan requiring continuous employment a candidate shall have passed a physical examination satisfactory to the Town Manager. The examining physician should be appointed by the Town Manager and the examination shall be at the expense of the Town. The examining physician shall advise the Town Manager as to whether or not, in his or her opinion, the applicant is physically qualified to perform the duties of the position for which application has been made. SECTION 31. CIVIL SERVICE LAW Nothing in this bylaw shall be construed to conflict with Chapter 31 of the General Laws. SECTION 32. EFFECT OF PARTIAL INVALIDITY The invalidity of any section of this by-law shall not invalidate any other section or provision thereof. SECTION 33. ADDITIONAL POSITIONS Additional positions may be created with the approval of the Town Manaqer. If such an additional position is needed in the fiscal year following initial approval of said position by the Town Manager, said position shall be included as an amendment to the Personnel Bylaw for a vote of the Town at either the next regular or special Town Meeting, in accordance with the provision of Section 9: "Amendment of the Plans" of the Personnel Bylaw. 25 TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING - MAY 4, 1992 COMMONWEALTH OF M~SACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Cha~er, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at Volpe Complex, Merrimack College, on Monday, May 4, 1992, at 7:00 p.m. then and there to act upon the following articles. ARTICT~ 1. ANNUAL TOWN ET.~CTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 2, 1992. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. A~TIC?~ 2. REPORT OF RECEIPTS AND EXPENDI~. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1991 Annual Town Report. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. A~TICLE 3. COMPENSATION OF ELECTED OFFICIALS. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 10S of Chapter 41 of the General Laws as follows~ or to take any other action relative thereto: Board of Selectmen/Licensing Commissioners, each per annum Chairman, Board of Selectmen, per annum Moderator For each Annual Town Meeting For each Special Town Meeting $ 2,000 300 100 5O Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTI~?.R 8. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1993. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following s~s of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Project Description Department Request Board of Selectmen Recommend Advisory Board Recommend POLICE DEPARTN~NT: 1. Central Dispatching Center 2. Facility Renovations/ Expansion 3. Traffic Lights (Mass. Ave./Waverly Rd.) 4. Communications Network 5. Speciality Vehicle Needs Sub-Total - Police FIRE DEPARTMENT: 6. Fire Station Engine Exhaust Systems 7. Architectural Fees - Fire Station & Town Hall 8. High Band Radio Sub-Total - Fire SCHOOL DEPARTWRNT: 9. Elementary School - Calzetta Farm Site SRR. NOTE 10. Middle School Roof - Repair/Replacement 11. Bradstreet ECC Elevator/ Lavs.- Handicapped Access./Elect. 12. Remove Asbestos - Middle School Boiler 13. Franklin School Roof Repair/Replace 14. Handicap Access - Two Lavatories-Middle School 15. Technology Equipment 16. Thomson & Bradstreet Brick Repointing 17. Atkinson, Kittredge, Floor Retiling 18. Underground Oil Tank Replacement Sub-Total - School $230,000 400,000 18,000 38,000 28,00q $714,000 $ 45,000 31,000 130,000 $206,000 $10,600,000 449,500 Thomson $230,000 18,000 13,950 28,000 $289,950 $ 45,000 0 130,000 $175,000 $10,600,000 449,500 $230,000 0 0 13,950 0 $243,950 $ 45,000 0 $175,000 See Art. 12 449,500 250,000 0 0 80,000 80,000 80,000 66,000 66,000 66,000 15,000 15,000 15,000 63,760 63,760 63,760 30,000 0 0 25,740 25,740 25,740 50,000 0 0 $11,630,000 $11,300,000 $700,000 10 Department Project Description Department Request Board of Selectmen Recommend Advisory Board 19. Renovation/Addition - Town Hall Sub-Total -Town Hall $125,000 $125,000 $125,000 STEVENS LIBRARY: 20. LibraryAddition & Renovation S~ NOTE,' 21. A~ o~!~emoval 22. Unde~round Oil Tank Replacement Sub-Total-Stevens Library $2,000,000 45,000 43,650 $2,088,650 $2,000,000 See Art. 11 0 $ 0 0 0 $2,000,000 $ 0 PUBLIC WORKS: 23. Public Works Equipment 24. Water Main Rehab. - FY 93 25. *Two Rubbish Trucks 26. Sewer Sys Ext-GPR Phase 3 27. Sewer System Improvements 28. Bear Hill Storage Tanks SEE NOTE 29. Sutton Hill Storage Tanks 30. Road Improvement Program 31. Sewer Sys Ext-GPR Phase 2 Sub-Total - Public Works TOtal - Article 98 $ 148,000 700,000 150,000 1,500,000 1,000,000 460,000 $ 148,000 $ 148,000 50,000 50,000 150,000 Rec. @ T.M. 0 0 0 0 460,000 460,000 130,000 130,000 130,000 250,000 0 0 450.000 450,000 450.000 $4,788,000 $1,388,000 $1,238,000 $19.487~890 $15~277~950 * Subject to continuation of existing trash collection program. Notes: The following projects will be brought forward to Town Meeting under separate articles: Item 9. Item 20. Item 28. Elementary School - Calzetta .Farm Site - Article %12 Library Addition and Renovation - Article #11 Bear Hill Storage Tanks - Article #9 Planning B0ardRecommendations: Item 24. Item 28. It,~ 29. Item 31. Water Main Rehab. - FY 93 Bear Hill Storage Tanks Sutton Hill Storage Tanks Sewer Sys. Ext-GPR Phase 2 Favorable Action. Favorable Action. Favorable Action. Favorable Action. Board of Selectmen 11 ARTIC?m'9. REPAIR TO BEAR HI~. RESERVOIRS. To see if the Town will vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under Chapter 44 of the Massachusetts General Laws as amended or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: No Action ARTICLE 10. CAPITAL IMPRO~S RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $336,000 or any other sum, to establish the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for the approved FY 1993 Capital Improvements projects, as voted under Article #8, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action ARTICLE 11. STEVENS ~ORIAL LIB~I~Y RENOVATIONS. To see if the Town will vote to appropriate the sum of $ 2,000,000 or any other sum for securing plans and specifications, including work drawings, retaining the services of a construction manager, constructing an addition to and remodeling, reconstruction and making extraordinary repairs to the Stevens Memorial Library; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICTm 12. CONSTRUCTION OF AN E~.~N~TARY SCHOOL. To see if the Town will vote to raise and appropriate the sum of $10,600,000 or any other sum to be expended under the direction of the School Building Committee for the purpose of constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services and construction management services to be located at the Calzetta Farm site; to determine whether this appropriation shall be raised by borrowing or otherwise; 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 other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTIC?m 13. ARCHITE~ FEES FOR SCHOOLS. To see if the Town will vote to rescind the action taken under Article #19 of the 1989 Annual Town meeting or to take any other action. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. 13 ~ ARTICLE 14. GENERAL APPROPRIATION AI~TI~m FOR FISCAL YEAR 1993. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning July 1, 1992, and ending June 30, 1993; or to take any other action relative thereto. Board of Selectmen FY '92 FY '93 FY .93 FY .93 DEPARTHENT BUDGET DEPARTMENT BD OF SELECTHEN ADVISORY BOARD REQUESTS RECOMMENDATI~S RECG'iHENDATIONS GENERAL 60VERNHENT TOWN MANAGER & BOARD OF SELECTHEN - includes Personnel (Salaries & Expenses) SALARIES $130,040.00 EXPENSES $42,300.00 OUT OF STATE TRAVEL lO.O0 TO~N ACCOUNTANT SALARIES $105,633.00 EXPENSES $6,880.00 TOWN MODERATOR SALARIES $200.00 $130,040.00 $128,710.00 $128,710.00 $42,300.00 $58,024.00 $58,024.00. $0.00 $0.00 $0.00 13,489.00 $11:3,489.00 $113,489.00 $4,350.00 $4,350.00 $4,350.00 $200.00 $200.00 $200.00 ADVISORY BOARD SALARIES $0.00 $0.00 lO.O0 lO.O0 EXPENSES $4,000.00 $4,000.00 $8,500.00 $8,500.00 LEGAL AND AUDIT SALARIES lO.O0 EXPENSES $95,000.00 UNCLASSIFIED EXPENSES $1.200.00 lo.oo lo.oo Io.oo $95,000.00 $90~50.00 $90,250.00 $1,200.00 $2,000.00 $2,000.00 TOTAL - 6ENERAL 60VERNI"IENT SALARIES $235,873.00 $243,72g.00 $242,39g.00 S242,3gg.00 EXPENSES $149,380.00 '$146,850.00 $163,124.00 $163,124.00 OUT OF STATE TRAVEL .., lO.O0 $0.00 tO.O0 iO.O0 .. ~385,253.00 $390,579.00 $405,523.00 $405,523.00 ADMINISTRATION AND FINANCE TREASURY - Includes Assessing & CollecUon (Sale'tes & Expenses) SALARIES $326,499.00 $347,197.80 EXPENSES $186,8 i 0.00 $103,839.00 $347,198.00 $103,339.00 $347,198.00 $103,339.00 14 FY '92 DEPARTMENT BUD6ET FY 9~ DEPARTMENT REOUESTS FY 9~ BD OF SELECTMEN RECOMMENDATIONS FY ADVISORY BOARD RECOMMENDATIONS ADMINISTRATION AND FINANCE (cea'd) TOWN CLERK SALARIES $50,631.00 $51,221.00 551,221.00 5S 1,221.00 EXPENSES 547,700.00 547,000.00 547,000.00 547,000.00 DEBT REDEMPnoN EXPENSES $1,606,000.00 INTEREST ON DEBT EXPENSES $1,794,893.08 EMPLOYEE BENEFITS EXPENSES $2,810,954.00 6ENERAL INSURANCE EXPENSES $550,000.00 TOTAL - ADMINISTRATION AND FINANCF SALARIES $377,130.00 EXPENSES $6,996,357.08 $7,373,487.08 51,678,500.00 $1 ~442,099.97 52,700,070.00 $550,000.00 $398,418.80 $6,521,508.97 $6.919,927.77 51,520,000.00 $1,608,899.00 $2~20,070.00 $522,500.00 $398,419.00 $6,421,808.00 $6,820227.00 $1,520,000.00 $1,608,899.00 $2,620,070.00 5522,500.00 5398,419.00 ...$6,421,808.00 $6,820,227.00 PUBLIC SAFETY POLICE DEPARTMENT SALARIES EXPENSES OUT OF STATE TRAVEL $1,425~98.00 $269258.00 $o.oo FIRE DEPARTMENT SALARIES EXPENSES OUT OF STATE TRAVEL $1~87,741.00 $121,927.00 $o.oo CIVIL DEFENSE SALARIES 'EXPENSES $3,903.60 $2,825.00 TOTAL - PUBLIC SAFETY SALARIES EXPENSES OUT OF STATE TRAVEL $3,316,742.60 $394,010.00 1:o.oo ~3,710,752.60 $1,499,885.00 $194,471.00 50.00 $1,887,741~0 5125,622.00 $o.oo $3,903.60 52,825.00 $3,391,529.60 5322,918.00 ,o.oo $3r714~447.60 $1,499,885.00 5174,471.00 $o.oo $1,499,885.00 $174,471~0 50.00 $1,887,741.00 '* $105.611.00 50.00 $1,887,741.00 $105~11.00 $o.oo $3,904.00 $2,825.00 $3,904.00 52,825.00 53.391,530.00 $282,907.00 ~o.oo ~3~674,437.00 53,391,530.00 $282,907.00 ~o.oo $3.674~437.00 15 DEPARTMENT FY `92 BUDGET FY `93 DEPARTMENT RE,JESTS FY '93 BD OF SELECTMEN RECC~IMENDA TIC)NS FY '93 ADVISORY BOARD RECOMMENDA TIONS EDUCATION SCHOOL DEPARTHENT SALARIES EXPENSES 5 ! 0,480,790.00 $3,049,492.00 $11,244,472.00 53.673,813.00 $10,760,790.00 $3,049,492.00 $11,189,290.00 $3,111,492.00 6R. LAW. RE6. VOCATIONAL SCHOOL ASSESSMENT $138,713.00 5174,171.00 $174,171.00 $174,171.00 SCHOOL BUILDIN6 COMMITTEE SALARIES $2,631.00 EXPENSES 55,810.00 $2,631.00 55,810.00 $2,631.00 $5,810.00 $2,fi31~0 55,810.00 TOTAL - EDUCATION SALARIES $10,483,421.00 EXPENSES $3,194,015.00 $13,677,436,00 511,247,103.00 $3,853,794.00 $ I S, I O0,897.00 10,763,421.00 $3,229,473.00 13,992,894.00 $11,191,921.00 $3~291,473.00. $14,483,394.00 The Advisory Board recommendation on the School departmeM lmdget requires Umt $4211,500 of Salaries and $62,000 of Expenses be approprinLed subject Lo a successful ProposiUon 2 112 6enarnl Override election. PUBLIC ~/OP.,KS D.P.W. - ADMINISTRAnoN ANO OPERATIONS - includes Street. MainL., Refuse Col., Tree, Pks. & 6rnds. Pub. Bidgs. (Salaries & Expenses) SALARIES $758,678.00 $760,685.00 $725,922.00 EXPENSES 5 i ,052,900.00 $1,0gg, 156.00 51,080,434.00 OUT OF STATE TRAVEL 50.00 $0.00 $0.00 $725,922.00 51,080,434.00 So.oo D. P. ~t. - WATER DEPARTHENT SALARIES $264,400.00 EXPENSES $452,700.00 OUT OF STATE TRAVEL 50.00 $271,360.00 $271,360.00 $271,360.00 $434,764.00 $391,000.00 $391,000.00 $0.00 50.00 $0.00 D. P.~t.- SEb~R DEPARTMENT SALARIES $120,515.00 EXPENSES 516,600.00 $117,300.00 $145,200.00 $145200.00 $30,600.00 $80,100.00 $80,100.00 D. P.W.-6R. LAW. SANITARY DISTRICT ASSESSMENT $851,000.00 $851,000.00 5923,236.00 $923236.00 D. P.W.- SNOW REMOVAL SALARIES $30,000.00 530,000.00 $30,000.00 $30,000.00 EXPENSES 594,200.00 $94,200.00 $94~00.00 $94~00.00 16 DEPARTHENT PUBLIC WORKS (con't) TOTAL - PUBLIC WORKS SALARIES EXPENSES OUT OF STATE TRAVEL FY '92 FY '93 FY 8UDOET DEPARTMENT 8D OF SELECTHEN RECIUESTS RECOHHENDATIONS 51,173,59;5.00 51,17g,345.00 $ I, 172,482.00 $2,467,400.00 52,509,720.00 $2,568,970.00 5o.oo lo.oo 5o.oo Ss 40,99s.oo $3.689 065.00 t ,74 452.00 FY 95 ADVISORY BOARD RECO~ENDATiONS $1,172,482.00 52,568,g70.00 $o.oo $;5,741 ~452.00 PLANNING AND COMMUNITY DEVELOPMENT PLANNING DEPARTHENT - includes Con. Comm. & Bd of' Appeals (Salaries & Expenses) SALARIES $166,684.00 $162,904.08 EXPENSES $9,673.00 $10,475.00 OUT OF STATE TRAVEL $0.00 $0.00 $158,906.00 $g~75.00 50.00 BUILDING DEPARTMENT - includes Sealer' of WetghLs/Measures & Animal InspecL. (Salaries & Expenses) SALARIES $117,940.32 $11 g,078.32 $127~35.00 EXPENSES $5,650.00 $4,512.00 55,012.00 INDUSTRIAL DEVELOPHENT COHMISSION EXPENSES ti 1,500.00 $158,g06.00 59,075.00 $o.oo TOTAL - PLANNING & COMM. DEVEL. SALARIES $284,624.32 EXPENSES $16,823.00 OUT OF STATE TRAVEL ~0.00 5301,447.32 $127,635.00 $5,012.00 $1,500.00 $1,500.00 $1,500.00 $281,g82.40 $286,541.00 $286,541.00 $16,487.00 $15,587.00 $15587.00 $0.00 50.00 50.00 $298,469.40 $302,128.00 5302,128.00 HUMAN SERVICES HEALTH DEPARTMENT SALARIES $5g~16.00 $60,782.86 562,163.00 562,163.00 EXPENSES $29,900.00 $44,075.00 536,575.00 536575.00 COUNCIL ON AGING SALARIES $69,393.00 $69,880.60 $79,141.00 $79,141.00 EXPENSES $12 ~96.00 $12.108.00 $12,108.00 $12,108.00 YOUTH SERVICES SALARIES $46,000.00 $49,529.14 $47,260.00 $47~60.00 EXPF_NSES $g,860.00 57,591.00 $9, I00.00 $9,100.00 17 FY :)2 DEPARTI~ENT BUOGET FY :)3 DEPARTHENT RE,JESTS FY 93 BD OF SELECT?IEN RECOHPIENDATIONS FY g3 ADVISORY BOARD RECOPIHE[4DATIC)NS HUMAN SERVICES (con't) VETERANS SERVICES - includes 6raves RegistraUon (Salaries & Expenses) SALARIES 4400.00 EXPENSES 412,350.00 COHMUNITY CENTER SALARIES 42285.00 EXPENSES 43,950.00 STEVENS MEMORIAL LIBRARY SALARIES $212,048.00 EXPENSES 490,484.00 $400.00 427,550.00 42,285.00 $3,g50.00 $219,345.00 $83,187.00 4400.00 427,550.00 40.00 40.00 4213,345.00 48g, 187.00 $400.00 I27,550.00 $0.00 to.oo $213,345.00 489,187,00 RECREATION SALARIES $15,000.00 $15,000.00 415,000,00 $15,000.00 EXPENSES 46,000.00 46.000.00 46,000,00 $6,000,00 4600.00 $600.00 HISTORICAL COHMISSION EXPENSES 4600.00 4600.00 TOTAL - HUMAN SERVICES SALARIES 4404,342.00 4417,222.60 4417,309.00 EXPENSES $165,740,00 4185,061,00 $181,120.00 $570,082.00 4602,283.60 $598,429.00 4417,309.00 t181,120.00 $598,429.00 SUMMARY SALARIES $16,~75,725.92 417,159,330.40 $16,672,101.00 417,100,601.00 EXPENSES $13,383,725.08 413,556,338.97 S 12,862,989.00 412,924,989.00 OUT OF STATE TRAVEL $0,00 40.00 40.00 40.00 GRAND TOTAL $29,659,451.00 $30,715,669.37 $29r535,0gO.O0 $30r025,590.00 18 ARTIC?.~. 15. STATE AID TO EDUCATION. To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as designated state aid to education; or take any other action relative thereto. School Corem{ ttee Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as state aid designated for education. ARTICLE 16. RENTAL A~EKT. To see if the Town will vote to authorize the School Committee to enter into a rental agreement with the First Calvary Baptist Church to lease additional classroom space to supplement capacity at the Atkinson School for a period not to exceed five (5) years; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. ARTICLE 17. TRANSFER OF ENCUMBERED SALARY FUNDS. To see if the Town will vote to transfer the School Department's FY 1993 salary account $ 80,590.00 encumbered from FY 1991 and FY 1992 salary accounts. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTIC?m 18. SCHOOL BUS TRANSPORTATION. To see if the Town will vote to raise and appropriate (borrow or transfer from available funds) the sum of $ 206,502.00,' to be expended under the direction of the School Committee, to bus to and from school students in grades 7-12 who live 2 miles or more from school and students in grades 1-6 who live i 1/2 to 2 miles from school, provided that said funds be subject to a successful Prop. 2 1/2 general override election; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 19. WATER TREATMENT PLANT - GI~ANUL~R ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $100,000 as an addition to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant~ or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 20. NESWC REFUNDING ARTIC~.~.. To see if the Town will vote to authorize the Selectmen to take such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource recovery facility referred to in the Service Agreement between the Town and Massachusetts Refusetech, Inc. including without limitation _the substitution of Wheelabrator TeChnologies Inc. for Alii.ed-Signal Inc. as the guarantor of performance under the Service Agreement and the execution and delivery of .such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Board ~ff Selectmen shall determine nece.ssary and in the best interests the Town to effect such refunding; or act in any other manner inI relation thereto. Board of Selectmen Bo~d of Selectmen Recommendation: Favorable Action. AdVisory Board Recow~endation: Favorable Action. ARTICW.~. 21. PURCHASE OF PUMP STATION FROM AN.G~_S REALTY. ~. lic Sewer and Lift Station .Acquisition. To see if the Town wi~l vote to raise and appropriate the sum of $ 467,500.00 to be expended under the di.rection of the Board of Selectmen for the purpose of purchasing a private .sewer and lift station co~s. tructed b.y Angus Realty and. to acquire by fee and/or easement anllnterest in the real .estate ~n the vicinity of Great Pond Road an_d osgood Street. On which the sewer pump station is located as well as all equipment and the building containing the pump station~ and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $ 467,500.00 under'M.G.L. 44 ~ Chapter . Section 7 for said purpose. And to meet this ap]~roprlation a special betterment assessment under M.C-.L. Chapter 80 and 83 shall be made up.o.n the property be~iefited by such sewer and pump station acquisition. act Ce~ Board of Selectmen rd of Selectmen Recommendation: Favorable Action, provided .t the purchase price shall be an amount not in excess of ual cost to Angus and shall be so certified by a firm of ~:ified Public Accountants and the acquisition shall not be 2O made until all impacted property owners ha~e agreed to pay their ~o-rata cost of the Town's purchase price either through a u~r~ct payment or a betterment assessment. VlSOry. Board Recommendation: Favorable Action, provided that =~e purchase price shall be an a~ount not in excess of a~t~al cost to Angus and shall be so certified to by a firm of Certified Publ{c Accountants, and the acquisition shall not be.made until a~l impacted property owners ~ave agreed to pay their pro-rata cost ~f the Town's purchase price either through a direct payment or a betterment assessment. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 22. M.G.L. CHAPTER 40, SECTION 57. To see if the T©~n will vote to adopt Section 57 of Chapter 40 of the Mass. General Laws which allows any city or town to deny or suspend any lo~al license or permit, including renewals, for any person or business who has failed to pay municipal taxes or charges. Director of Finance Board of Selectmen Recom~endation: Favorable Action. Advisory Board Recommendation: Favorable Action ARTICr~ 23.. AUTHORIZATION OF M.G.L. CHAPTER 90 - HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 36~,578. for M.G.L. 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 $ 360,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 24. AMEND AUTHORIZATION TO BORROW - CA?.~ETTA SITE L~H) PURCHASE. To see if the Town will vote to reduce the aut:horization to borrow, as voted under Article #4 of the March 30 1989, Special Town Meeting; said authorization to borrow un. ier M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $73,000 so that the total authorization as amended is $9!~2,000, or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. 21 ARTIC?~ 25. WETLAND FILING FEES. To see if the Town will v,~te to appropriate $ from the Wetland Filing Fees Ac:count for use by the Conservation Commission in the performance o! their duties under the Wetlands Protection Act. Conservation Commission B¢~ard of Selectmen Recommendation: To be made at Town Meeting. ~Nisory Board Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICrm 26. ACCEPTANCE OF R~.O MONEY. To see if the Town 11 vote to accept the EEO (Equal Educational Opportunity) Grant awarded for FY 93 in accordance with M.G.L. Chapter 70A,~a~'f serted by St. 1985, C. 188; or to take any other action lative thereto. School Committee Be ard of Selectmen Recommendation: Favorable Action. Ad;isory Board Recommendation: Favorable Action. wi ARTICLE 27. ACCEPTANCE OF ~N~O MONEY. To see if the Town .1 vote to .approve the acceptance by t~e G~eater Lawrence Regional Vocational Technical High School District of an Equal Education Opportunity Grant pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Bo~rd of Selectmen Recommendation: Favorable Action. wi r~ BU th #3, th, be Board Recommendation: Favorable Action. ARTICLE 28. RESERVE FUND. To see if the Town will vote to and appropriate a sum of money to fund t-he Reserve Fund; or take any other action relative thereto. Board of Selectmen ~rd of Selectmen Reco-~mendation: )unt of $75,000. Favorable Action, in the ~isory Board Recommendation: $75,000.' Favorable Action, in the amount ARTICF.~ 29. SCHOOL COMMITTEE P~E~HE~SHIP ON ~ SCHOOL [LDING COMMITTRR. To see if the Town will vote to authorize School Committee, notwithstanding the provisions of Article of the 1945 Annual Town Meeting, to appoint three members to School Building Committee annually, at least one appointee to a member of the School Committee and the two remaining 22 ap )ointees to be ci Bu: ac( ma{ re CH wh] an~ To% ad( and and H. al Boa either members of the School Committee or other :izens of the Town. Ail current appointments to the School .lding Committee will remain in effect until the expiration of :ir terms of office. Ail new appointments will be made in :ordance with this section. The four remaining appointments [e by the Moderator will not change, or take any other action ated thereto. School Committee ARTICLE 30. VOTE THE TOWN ACCEPT THE PROVISIONS OF M.G.L. 30B. To see if the Town will vote to adopt M.G.L. Ch. 30B ch define procurement procedures for municipalities or to take other action relative thereto. Board of Selectmen ~d of Selectmen Recommendation: Favorable Action. isory Board Recommendation: Favorable Action. ARTICLE 31. ADOPTION OF PERSONNEL BY-LAW. To see if the n will vote to repeal its "Personnel By-Law" as originally pted at the Annual Town Meeting of March 14, 1964, icle #10, (and since amended from time to time) and to enact substitute in its place the "Personnel By-Law" as proposed presented by the Personnel By-Law Committee. Full text of the proposed by-law will be available at Town 1, Stevens Memorial Library, with the. posting of the Warrant aach voting preclnct, and at Town Meetlng. Board of Selectmen ~ of Selectmen Recommendation: To be made at Town Meeting. ARTICLE 32. TOWN MEETING EXPENDITURES REQUIRING MORE THAN $1 MILLION FOR ANY CONSTRUCTION PROJECT. To see if the Town will vote to require any Article which is passed at a Town Meeting req Dol vot~ ele~ inc. Boa~ airing an expenditure of more than $ 1,000,000.00 (One Million Lars) for any construction project be placed on a ballot to be ad on by the Town Voters of North Andover at the next regular :tion or on a special election if necessary. Action may £ude any necessary amendments to the Town Charter or by-laws. George F. Henderson and Others ~d of Selectmen Recommendation: To be made at Town Meeting. ARTIC?m 33. TOWN #RRTINGS. To see if the Town will vote to return. Town Meetings to Saturday in place of evening meetings including any necessary amendments to the Town Charter or By- LawS° George F. Henderson and Others Board of Selectmen Recommendation: To be made at Town Meeting. VO P1 th ARTICr.~- 34. REVISIONS TO BYLAW. To see if the Town will te to delete Chapter 9 from Part 1, Division I of the Codified laws of the Town of North And,vet. Conservation Commi ssion mrd of Selectmen Recommendation: Favorable Action. anning Board Recommendation: Favorable Action. SE ARTICLE 35. FIRE DETECTION AND ~ SYSTEMS. To see if Town will vote to amend the Town By-Law striking from Article Fire Detection and Alarm Systems Section 69-1 through 69-7 to insert the following language listed as Sections 69-1 ~.~. 49-7.4. ~"~. ~ ."TION 69-1 PURPOSE AND SCOPE This by-law shall apply to the installation, operation and [ntenance of fire and medical aid alarm systems. Fire and ~ical aid alarm systems shall include systems connected to the Department by the municipal fire alarm circuit, direct wire, ma me, Fi: or on a telephone dial au~ible signals at the co]~nected system. pu em~ up basis and systems which use exterior alarm location as a function of the By definition "Alarm Systems" are those installed for the ~ose of notification to the proper response authority of an ~rgency situation at a property where the component devices of sYstem are installed. SECTION 69-2 ALARM INSTALLATION AND PERMIT REQUIREMENTS b® As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing alarm systems must obtain permit within three (3) months of the effective date of this by-law. The Fire Chief shall prescribe an application form for implementation of this by-law. The fee for this alarm permit shall be ten dollars ($10.00). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15.00). Changes in the permit or inspection sixty days notice to the general approval of the Board of Selectmen. fees may be made with public and with the Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. 24 C d e f SI Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emerqency Fire Department telephone number designated for that purpose. Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire Chief for this service. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alarm receiving eqUipment. The Fire Department will proper operation of its accepts no liability for reception of signals from make every effort to insure the alarm receiving equipment, but conditions which prevent proper the user's premises. CTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, re moved or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148 Section 27A and Section 28. S! CTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT All alarm systems installed after the effective date of this b~-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. Ail existing alarms using an exterior audible alarm device ~uld be equipped with such a device within twelve (12) months ter the effective date of this by-law. This section shall not apply to audible sprinkler alarm lls either mechanical or electrical which are utilized to ~icate a water flow. CTION 69~5 ALARM SYSTEM REGULATIONS AND MAINTENANCE Each alarm user shall submit to the Fire Chief the names, ~addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this sb b~ S! a 25 be SE( sic te~ th~ WO! fa] 7.C SE( DeJ information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone .number of the company or individual who currently services the system. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of M.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). left in an attempt to Section 69 liability companies. detail to If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system~~ ~hall be un-restored condition. The Fire Department will notify the responsible parties identified in 5(a) of this by-law. The Town assumes no for inability to contact listed persons or The Fire Chief or his designee may assign a paid monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. Ail premises shall have their legal visible as per existing town by-law any alarm to the Fire Department. street number clearly prior to connection of Ail premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. TION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or Inals directly ~to the Fire Department shall be worked on, ~ted or demonstrated without first obtaining permission from ~ F~re Chief or his designee. An alarm transmitted when such 'k is being performed without permission will constitute a .~e alarm and subject to the fee assessment as shown in Section TION 69-7 FALSE ALARM ASSESSMENT inition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: 26 a~ s% F Lre Alarm & Emergency Medical Systems FALSE A~RM 1 THROUGH 3 4 THROUGH 5 6 OR MORE The Fire Chief sessment if in his ich a waiver. ASSESSMENT NONE $200.00 EACH $5OO.OO EACH shall have the authority to waive any judgement extenuating circumstances justify After a t~ird false alarm within twelve months, the Fire C~ief shall notify the responsible party in writing that the next ~e~arm.~ncident within the current twelve !12) month period, z~om r~e aa=e of the first false alarm, will result in an ameSSment~s charge. . . Alarm users who present a valid s~.r~.ice co~tract or s'lml%ar a~'reement for the p~otect~d property will receive a twenty-five d¢,llar ($25.00) credmt against any assessments. It is the intent o! this section to have the systems maintained on a regular basis. de False alarms caused ~y faulty telephone service, municipal equipment or electrical_ storms wmll be .excluded from assessment. False alarms received during the first thmrty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. Determination that a false alarm has be the judgement of the Fire Chief duty officer. been transmitted will or his duly appointed Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. :TION 69-7.1 CONNECTION FEES Each alarm user shall on or ~it to the Fire Department the Ltially established as follows: before October service fee for 1st of each year the coming year, ee SE~ re] in: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.00/alarm box $ 10.00/signal 27 ~ Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 SEC reg pun per con TION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these ulations and the responsible person or persons shall be ished by a fine of not less that $50.00 nor more that $200.00 offense. (Each day in which a violation occurs will be sidered a separate offense.) Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. bm Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. Failure to comply with the requirements set forth in these regulations. e® Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. fe Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. ge Causing, through negligence, a condition which with the operation of, or causes damage to the fire alarm system. interferes municipal he Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification of the residents of a dwelling shall be installed and/or maintained in a usable state. 28 SE:~tion 69-7.3 APPEALS di wJ t¢ f~ S~ T~ T¢ Appeals for reduction or cancellation of any of the nalties assessed for violations under this section may be rected to the Fire Chief. If the appellant is not satisfied, th the ruling of the Fire Chief, a further appeal may be made the Town Manager. If the appellant is still not satisfied, a lrther ap.peal may b.e m.ade to the Board of Selectmen whose ruling ~all be final and binding. ction 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the wn Manager relative to the adequacy of the fees, fines and sessments and the schedule relative thereto, as cited in ction 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 ore, which may be adjusted by the Board of Selectmen as quired. Fire Chief Willism V. Dolan ard of Selectmen Reco~mendation: Favorable Action. ARTICLE 36. AMEND ~ CODE OF THE TOWN OF NORTH ANDOVER. see if the Town will vote to amend Chapter 77, Section 77-1 of Code of North Andover to read as follows: Section 77-1 Buildinq permit Fees, ~xclusive of Mechanical and Utility Fees The estimated cost of on a cost factor of square foot. new construction shall be based sixty five ($65.00) dollars per Be Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. Copies of actual contract price shall be submitted with the Building Permit Application. Building permit fees shall not be municipally owned building or structures. paid on mechanical and utility work only. required for Fees will be 29 The Building Inspector shall periodically make a racommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Salectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. B ;ard of Selectmen Recommendation: Favorable Action. ARTICLE 37. AMEND GENERAL BYLAWS - SECTION 117-2. To see i the Town will vote to .a~.end Chapter %17-2 of. the Gener91 - ii w? of the Town, .by deleting the existing Section 117-2 in ~s el tlrety and substituting the following: Gasoline stations may be operated as either full- service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline is generally pumped by the customer holing the nozzle; or a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others ard of Selectmen Recommendation: Unfavorable Action. ARTIC?m 38. OPPOSITION OF HO?.?.TNGS BILL. To see if the ~wn will vote to direct the Board of Selectmen to communicate .e vote of Town Meeting to the Town's representatives in ngress, the entire Massachusetts delegation and the President. That the Town of North Andover does not support legislation Congress, known as the "Hollings Bill", that threatens the curity of jobs in the Merrimack Valley and the technology ~adership of the United States of America in the areas of ~lecommunications, transmission equipment and services. Mark S. DiSalvo and Others ARTICLE 39. REDUCTION OF ~I?.TTARY EXPENDITURES. To see if e Town will vote to instruct our Representative Nicholas vroules and our Senators, Edward M. Kennedy and John F. Kerry, take all suitable measures: 1. To enact reductions in military expenditures of at least fifty percent (50%) by the 1996 budget year. 2. To provide assistance to communities and employers to convert from military to peace-time production; and 30 Be Tc Cc iz S{ t~ M~ tc tw~ am of on Wo~ Au( #7.~ Bo co] the she if Boa Pi~ To reallocate funds from military uses to meet domestic needs such as health care, education and environmental protection, and to reduce the federal deficit. Lois P. Fisher and Others ARTIC~m 40. RE?mASE OF EASEMENT - ~RID?.R PATH. To see if Town will vote to release its right, title and interest in a ~nty (20) foot drainage easement over and across lots one (1) ~ thirty four (34), Bridle Path Road, North Ando~e~, being N/F Mr. James and Margaret Walker. Being more specifically shown a plan entitled "Definitive Plan of Land of Great Pond ~dland, located in North Andover, Massachusetts" Dated ~s~ 23, 1976, F~ank C. Gelinas and Assoc., Engineers, which Ln is recorded with the Essex North Registry of Deeds as Plan ;48. William A. Cyr, Director, Division of Public Works ~rd of Selectmen Recommendation: To be made at Town Meeting. u%ning Board Recommendation: Favorable Action, upon securing ~rect easements. ARTIC~m 41. ROADWAY ACCEPTANCE - DUFTON COURT. To see if Town will vote. to accept Dufton Court as a Public Way, as ,wn on the followlng plans: Plan entitled Plan of Land owned by the Andover Savings Bank, in North Andover, Massachusetts, dated July 1936, prepared by D.W. Clark C.E., and recorded with the North Essex Registry of Deeds on 9/24/36 as plan # 998. Planning Board rd of Selectmen Recommendation: To be made at Town Meeting. nn~ng Board Reco~endation: Favorable Action. ARTICLE 42. ROADHAY ACCEPTANCE - EVERGREEN DRIVE. To see the Town will vote to accept Evergreen Drive as a Public Way, shown on the following plans: Plan entitled Plan of Chestnut Acres, North Andover, Massachusetts prepared by Frank C. Gelinas, 56 Gray Street, North Andover, Massachusetts, dated May 16, 1967 and recorded with the North Essex Registry of Deeds on October 2, 1967 as Plan #5738. Planning Board ~d of Selectmen Recommendation: To be made at Town Meeting. ~ning Board Recommendation: Favorable Action. 31 tk s~. th sh He ARTIC~.~. 43. ROADWAY ACCEPTANCE - SUTTON PLACE. To see if e Town will vote to accept Sutton Place as a Public Way, as own on the following plans: Plan entitled Plan and profile of a portion of Sutton Hill, North Andover, Massachusetts, dated November 1966, prepared by Charles E. Cyr, C.E., Lawrence, Massachusetts, and recorded with the North Essex Registry of Deeds on August 4, 1967 as plan #3709. Planning Board lrd of Selectmen Recommendation: To be made at Town Meeting. ~%ning Board Recommendation: Favorable Action. ARTIC~m 44. ROADWAY ACCEPTANCE - ~ ROAD. To see if Town will vote to accept Berkeley Street as a Public Way, as ~wn on the following plans: Plan entitled "Plan of Trafalgar Estates, located in North Andover Massachusetts, owned by Thomas J. Flatley", dated October 27, 1976,-prepared by Frank C. Gelinas and recorded in the North Essex Registry of Deeds on March 3, 1978, as Plan #7778. Planning Board .rd of Selectmen Recommendation: To be made at Town Meeting. ~ning Board Reco~-endation: Favorable Action. ARTIC?m 45. ROADWAY ACCEPTANCE - SPRUCE AND HEMLOCK '~ETS. To see if the Town will vote to accept Spruce and ~lock Streets as Public Ways, as shown on the following plans: Plan entitled "Plan and Profile of a portion of Spruce and Hemlock Streets, North Andover, Massachusetts", dated November 1948, and prepared by Fred W. Stowers R.S. Methuen, Massachusetts and recorded with the North Essex Registry of Deeds on December 22, 1948 as Plan #1977. Planning Board rd of Selectmen Recommendation: To be made at Town Meeting. · ning Board Recommendation: Favorable Action. 32 ARTICLE 46. ROADWAY ACCEPTANCE - MILL ROAD To see if the ~own will vote to accept Mill Street as a Public Way, as shown on t~e following plans: Plan entitled "Estate of Harriet Fisher, North Andover, Mass." Prepared by Horace Hale Smith, Dated Oct 1922 and recorded with the North Essex Registry of Deeds on Nov. 21, 1922 as plan # 485; Plan entitled "Plan of Land in North Andover, Mass." Dated Oct 16, 1985, Prepared by Hayes Engineering Inc., Wakefield Mass., Recorded with the N.E.R.D. on 12/6/85 as plan # 10115; Plan entitled "Plan of Land in North Andover, Mass. as surveyed for Helen M. Kellner,, Dated 1/6/86, Prepared by Robert G. Goodwin, Andover Mass., Recorded with the N.E.R.D. on 8/8/86 as plan # 10390; Plan entitled "Plan of Land in North Andover, Mass., as surveyed for Helen M. Kellner,, Dated April 12, 1982, Prepared by Robert G. Goodwin, Andover, Mass., recorded with the N.E.R.D. on 10/8/82 as plan # 8988; Plan entitled "Plan of Land in North Andover, Mass., Owned by Helen M. Kellner". Dated April 17, 1981, Prepared by Robert G. Goodwin, Andover, Mass., and Recorded with the N.E.R.D. on April 15, 1981 as plan # 8608; Plan entitled "Plan of Land in North Andover, Mass., owned by Sydney C. Rea, Dated Feb. 15, 1956, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., Recorded with the N.E.R.D. on May 9, 1956 as Plan # 3250; Plan entitled "Plan of Land in North Andover, Mass., for Yankee Technology Corp., Dated 8/13/83, prepared by Plaistow Consultants, and recorded with the N.E.R.D. on Oct. 13, 1983, as plan # 9273; Plan entitled "Plan of Starrett Acres, North Andover, Mass., owned by George H. Farr & Wanda H. Fart, dated Nov. 2, 1963, prepared by Harry D. Berry and recorded on 2/14/64 as plan # 4945; Plan entitled "Plan of Land in North Andover, Mass., owned by Kathryn A. Starrett, Dated 10/16/59, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., recorded with the N.E.R.D on Nov. 2, 1959 as plan # 3965. Planning Board ~d of Selectmen Recommendation: To be made at Town Meeting. nning Board Recommendation: Favorable Action. 33 ac D~ al E~ PI o~ th Ti by at P1 ARTIC?m 47. ROADWAY ACCEPTANCE - CHRISTIAN WAY. To see if te Town will vote to accept Christian Way from Bridges Lane to :s end, a ~treet constructed by developers under the ~quirements of the Subdivision Control Law and as laid out :cording to plans duly recorded with the North Essex Registry of ~eds as Plan #10469 on file with the Town Clerk, including the king or acceptance of easements as shown on said plans, or take y other action relative thereto. The taking or acceptance to from Station 0.00 on said Plan Westerly to Station 3 & 61 and sterly to Station 11 & 28. Nancy B. Norbedo and Others ard of Selectmen Recommendation: To be made at Town Meeting. arming Board Recommendation: Favorable Action, with resolution any Department of Public Works' issues. ARTIC~ 48. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if a Town will vote to accept Tiffany Lane as a public way. Said ffany Lane is set out in a definitive subdivision plan approved the North Andover Planning Board of June 2, 1988, and recorded the Essex North Registry of Deeds as Plan #11162. Peter G. Shaheen and others ~rd of Selectmen Recommendation: To be made at Town Meeting. arming Board Recommendation: To be made at Town Meeting. ARTICLE 49. ROADWAY ACCEPTANCE - CP~/~BERRY LANE. To see if the Town will vote to a~cept the roadway as a public way, namely Cranberry Lane from Statlon 0-00 to Station 7-63.15 as shown on a plan entitled "Cranberry Lane Subdivision Plan of Land in North An,~over, Massachusetts, for Flintlock Realty Trust, P.O. Box 531, No:f ch Andover, Massachusetts" , prepared by DiPrete, Marchionda & As:loc., Inc., 185 New Boston Street, Woburn, Mass., dated F~;ruary, 1986 with revisions through September 19, 1986 and re~:orded in Essex North Registry of Deeds as Plan No. 10461. To 00: De~ (1 David A. Kindred and Others ~rd of Selectmen Recommendation: To be made at Town Meeting. mning Board Recommendation: Favorable Action. ARTICYm 50. REZONE PARCEL OF LAND AT 846 CHESTNUT STREET. see if the Town will vote to rezone 846 Chestnut Street, map .07C, parcel 000019 recorded in the Northern Essex Registry of ~ds in Book 3149, Page 254, dated 8-20-90 from Industrial One to Residential Two (2). Louise A. Digrandi, KathleenA. Wassberg and others rd of Selectmen Recommendation: To be made at Town Meeting. uaning Board Recommendation: Favorable Action. ARTICrm 51. REZONING PARCEL OF LAND ON CHICKERING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shown as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded with the Essex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust; deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 35 ARTICTm 52. MODIFY ZONING BYLAW, SECTION 4.125. To see if the Town will vote to modify the Zoning Bylaw, Sections 4.125 Residential Six, (R-6), Buildings and Uses permitted, as follows: A. Delete usage 4. 125 ( 2 ) , "Two family residential structures". Be Delete usage 4.125(3), "Multi-family structures, not exceeding 7 dwelling structure." residential units per Ce Renumber usages 4.125(4) through 4.125(21) as 4.125(2) through 4. 125 (19) respectively. Following 4.125-19, as renumber.d, relating to uses allowed by Special amended so as to read as follows: the paragraph Permit shall be "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" Add a paragraph 5 to uses allowed by Special Permit to read as follows: Multi-family residential structures, not to exceed 7 dwelling units per str~cture. Ail multi-family structures shall conform to the following dimensional criteria:.- Lot area min. sq. ft: 130,680 Street frontage min. ft: 150(13) Side set back min. (ft) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max. (ft) 35 Front set back min. 25 Rear set back min. 30 Lot coverage max. 20% Herbert P. Re.man and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICr~ 53. MODIFY ZONING BYLAW, TABLES i & 2. To see if the Town will vote to modify Tables 1 & 2 of the Zoning Bylaw with respect to the Residential Six Zoning District, as follows: TABTm 1, SUMMARY OF USE REGULATIONS Amend the Residential Six (R-6) Column as follows: Use Two Family Dwelling Multi Family Dwellings Existinq Proposed Yes No* Yes* SP* 36 TABLE 2, SUMMARY OF DIMENSIONAL REQUIREM~S Requirement Lot Area Min. Sq. Ft. Height Max. (ft) Street Frontage Min. ft Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor Area Ratio Max. Lot Coverage Max. Dwelling Unit Density Existing Proposed 130,680 5,000 35 35 150(13) 75(13) 25 20 15 12 30 25 0.25:1(15) 0.25:1(15) 2O% 25% 9/acre(12) N/A Herbert P. Redm~n and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTIC?m 54. AMEND~ OF ZONING BYLAWS. To see if the Town will vote to amend its Zoning Bylaws by changing the zoning map of the Town from R-2 to I-1 for the hereinafter described parcel of land. That portion of Parcel 75 on the current North Andover Assessors's Map 25 which is Southerly of the present zoning line. Said parcel in its entirety is shown to contain 26.04 acres. The portion of the Parcel that is presently zoned R-2 contains approximately 8 acres. The portion that is Southerly of the present zoning line is generally bounded and described according to said Assessor's Map as follows: EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY by land of ARC Corporation and land of Alison J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; and by other land of Business Park Trust and land of WOR Associates Limited Partnership Stephen E. Foster and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. 37 ARTIC?m 55. AMEND ZONING BY-LAW. To see if the Town will vote to amend the North Andover Zoning By-Law and map to change from the existing zoning designation Business-1 to Business-2 the following parcel of land situated at Saville Street, North Andover, bounded and described as set forth in exhibit to be attached hereto. EXHIBIT A That County of follows: certain parcel of land situated in North Andover in the Essex and said Commonwealth, bounded and described as Northwesterly by Saville Street one hundred seventy-six and 38./100 (176.38) feet; Northeasterly by lot six (6) as shown on plan hereinafter mentioned one hundred fifty-two and 8/10 (152.8) feet; Southeasterly by land now or formerly of Calvin C. Rea sixty-four and 42./100 (64.42) feet, and Southerly in a broken line by land now or formerly of Harry W. Clark two hundred eighteen and 1/10 (218.10) feet. Ail of said boundaries are determined by the Court to be located as shown on Plan No. 3263B, drawn by Ernest W. Branch, Surveyor, dated August 20, 1913, as modified and approved by the Court, filed in the land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 385, Book 3, Page 513, and being designated as lots one (1) to five (5) inclusive thereon. Also lots six (6) to eleven (11) inclusive as shown on above-mentioned plan bounded and described as follows: ARTIC~.~. 57. AI~ OF ZONING BYLAW RELATIVE TO THE REGULATION OF SIGNS AND OUTDOOR LIGHTING. To see if the Town will vote to amend th_e Zoning Bylaw by removing the followina paragraph as it may relate to the regulation of Signs and Outdoo~ Lighting: Paragraph 6.7.6 No political sign shall be maintained or erected in the Town. Ail associated text shall be punctuated and renumbered appropriately. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICrm 58. RESTRICT TRAVEL OF S~?.~4 ST~RRT, APP?.RTON STREET AND lla?m STREET. To see if the Town will vote to restrict travel on Salem Street, Appleton Street, Dale Street and Boxford Street to vehicles weighing less than 2 1/2 tons and post those streets with signs indicating that restriction is in effect. Explanation: As-a result of restricting travel on Great Pond Road and others, through traffic has been funnelled to Salem Street, Appleton Street, Dale Street, and Boxford Street. This article would direct heavy trucking to the State Highways Route 125 and 133 where it belongs. Paul G. Dyer and Others Board of Selectmen Recommendation: To be made at Town Meeting. 40 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 (?) days before the time of said meeting. Hereof, your doings meeting. fail not, and make due return of this Warrant with thereon to the Town at the time and place of said Given under our hands this. 1?th day of April, Nineteen Hundred and Ninety-Two. NORTH ANDOVER BOARD OF SE?mCT~EN irman MARTHA J. ~O~, Clerk ERIC . na~~, Member SEAN J. FOUNTAIN, Member .~ DONALD B. STEWART, Member ~ h Constabl%e~''~~.~ /~ 3h .... ~l~. L LON~ ~'~n ~ ATTEST: A T~e Copy ~ 41 120 Main $~ree~. North Andover, HA 01845 Telefax Transmittal Form Name: Firm: Street: City, ST, Zip: Telefax Phone From: Town of North Andover Town Manager/Board of Selectmen Office 120 Ma//1 Street North Andover, HA 01845 Telephone: (508) 682-6483 Fax Number: (508) 682--2996 Total Number of Pages, Including This Form: Additional Cow~ents: KEVIN F, MAHONEY F~ NANCE DIRECTOR TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF DIVISION OF FINANCE 12o MAIN STREET, 0184S TELEPHONE 682-6483 TO: FROM: DATE: RE: Division Directors Department Heads Presidents Union ~~Fin Kevin F. Mahone ance Director August 6, 1992 Recent Legislation - Early Retirement Incentive for Municipal Employees Attached please find a memo to the Town Manager in regard to the early retirement incentive legislation recently enacted. Based upon my discussion with the Essex County Retirement Board, this memo outlines the necessary actions to allow our interested employees to participate under this legislation. Please post and/or distribute to those employees who may be interested in this incentive. If employees are interested in how this will impact their own personal retirement options, they must contact Cynthia Kendall at the Essex County Retirement Board at (508) 741-0200. KFM/kar Enclosure KEVlN F. MAHONEY FINANCE DIRECTOR TOWN OF NORTH ANDOV£R. MASSACHUSETTS OFFIC,~ OF DIVISION OF FINANCE; 120 MAIN STRE~rT. 01B4B TELEPHONE 682-6483 ~[EMO TO: FROM: DATE: RE: James P. Gordon, Town Manager Kevin F. Mahoney~nance DirectOr July 29, 1992 Early Retirement Incentive for Municipal Employees As you are aware, as part of the FY 93 State Budget, there was an outside section included in the enabling legislation to provide for an early retirement incentive for county and local employees. I have had some discussion with the county regarding the process required for the Town to consider as we decide whether we accept this incentive. The law requires that the retirement system must have accepted a funding schedule as required under Chapter 32, Section 22D. Retirement systems had until December 31, 1990, to implement a funding schedule under this section. Essex County Retirement System had not accepted that funding schedule because they felt as though the funding requirements would pass on significant cost increases to member jurisdictions at the time. In order to comply with the early retirement incentive, the retirement system can accept Chapter 32, Section 22, subsection 6A which allows the county to present a funding schedule to PERA. If accepted by PERA, legislation would be necessary to enact such a funding schedule and comply with the early retirement bill. In order to establish this funding schedule, the retirement system is currently undergoing an actuarial study of the system. It is anticipated that this study will be completed in August. Once completed, the county will then call a meeting of the Essex County Retirement Advisory Board to evaluate the findings of the study and discuss the proposed funding schedule. James P. Gordon -2- July 29, 1992 The next step in the process is that two articles must be brought forward to Town Meeting. The first article will ask Town Meeting if the Town would vote to accept the funding schedule as proposed by the County Retirement System. The second article would see if the Town would vote to accept the provisions of the early retirement law. This article would need a favorable recommendation from the Board of Selectmen at Town Meeting. This process must be completed by July 15, 1993. Despite the fact that this process is necessary to accept the early retirement law, employees are entitled to apply for eligibility under this provision after July 1, 1992, with their effective retirement date to be after September 1, 1992. If the early retirement law is adopted, the applicable benefits would be retroactively applied to those who retired after September 1, 1992, to the adoption date. Employees who wish to take advantage of this must do so within 45 days of the date of Town Meeting. Employees wishing to seek information on how this would impact their individual situations, will be required to communicate with the county directly. This is a general overview of the issues relating to the early retirement law. There are still some questions that need to be answered in terms of the acceptance process of the funding schedule and the enactment of the early retirement law which need to be addressed at the county level. Obviously the long-term cost benefit analysis still needs to be reviewed and that process will take place once the actuarial study is completed. I will keep in touch with the county to check on the status of this process and will keep you informed accordingly. KFM/kar KATHERINE O'LEARY CHAIRMAN-TREASURER REGINA C: MIELCARZ ELIZABETH A. GEORGE CYNTHIA A KENDALL EXECUTIVE SECRETARY COUNTY OFFICE BUILDING 36 FEDERAL STREET ROOM 210 SALEM. MASSACHUSETTS 01970-3483 TELEPHONE (508) 741-0200 (50B) 745-04~9 TO: FROM: RE: Treasurers, Boards of Selectmen, Town Clerks, District Members, and Authority Members Katherine O'Leary: Treasurer Essex County Retirement Board Funding; Early Retirement Incentive The provisions of the recently enacted Early Retirement Incentive Bill require that the Retirement System be a funded system in order to adopt the ERI. We are in the process of filing legislation to become funded in accordance with the provisions of Section 22, Subdivision 6A. We are also in the process of an actuarial study and will be meeting with our actuaries very soon concerning this process. In the meantime, we ask that you take the necessary steps to place the matter of accepting funding on the agenda of your Town Meeting. We ask, also, that you notify us of the dates of said Meetings. Acceptance of the funding schedule should, we feel, result in lower retirement assessments to our member units, as well as open the door of the ERI for your employees. We will', be scheduling a meeting with the Treasurers to discuss this prior to your Town Meetings. We will have someone available to answer any questions you may have. At the present time, however, the important issue is to have this in place for your Town Meeting. K~t'herine O'Leary, Chairman-;Treasurer Essex County Retirement Board' Dated at: Salem, MA July 28, 1992 ORTH COCHICHEWICK ']'ED ACI-IU INDEX TO SUPPLEMENTAL INFORMATION ON SELECTED WARRANT ARTICLES PaGe Article 6 Transfer Unexpended Funds 1 Article 7 FY 1992 Budget Transfers 2 Article 8 Capital Improvements Plan Item 1 Central Dispatch Center Item 28 Bear Hill Reservoirs Item 29 Sutton Hill Reservoirs Item 31 Sewer System Extension - GPR - Phase II General Appropriation NESWC Refunding Purchase of Pump Station Adoption of Personnel Bylaw Article 14 Article 20 Article 21 Article 31 6-7 8-13 14 15 16 ARTIC?m 6. AUTHORIZATION TO TRANSFERRED 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 Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Advisory Board Motion MOVE that the Town vote to transfer from the unexpended balances of: Leak and Re,ab. Account - FY 1988 $28,411.55 being a sum of $28,411.55 to be added to the following accounts: Article 43 - Computer Systems 1987 Annual Town Meeting $25,806.67 Article 13 - General Appropriations 1990 Annual Town Meeting Personnel - Expenses Group Insurance Special Legal Assessors - Expenses Building - Expenses Fire - Expenses Police - Expenses 372.47 1,018.65 514.00 58.79 117.00 225.00 298.97 ARTICT~ 7. FISCAL YEAR 1992 I~]DGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1992 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Advisoz7 Board Motion MOVE that the Town vote to transfer certain funds, as noted under Article #7 of the May 6, 1991, Annual Town Meeting as amended under Article #1 of the December 11, 1991, Special Town Meeting, from the unexpended balances of: Police - Expenses Fire - Expenses Stevens Memorial Library - Salaries Interest on Debt - Expenses General Insurance - Expenses D.P.W. - Gr. Law. Sanitary Dist. - Expenses Gr. Law. Reg. Vocational School - Assessment D.P.W. - Adm. and Operations - Salaries Planning Department - Salaries Industrial Development Commission - Expenses D.P.W. - Water Department - Expenses $23,947.00 6,152.00 2,000.00 68,000.00 25,000.00 15,000.00 3,100.00 10,000.00 20,000.00 1,000.00 4,000.00 being a sum of $178,199.00 to be added to the following accounts: Advisory Board - Expenses Building Department - Salaries D.P..W. - Water Department - Salaries D.P.W. - Adm. and Operations - Expenses Police Department - Salaries Treasury - Salaries Town Accountant - Salaries Unclassified Stevens Memorial Library - Expenses Employee Benefits - Expenses Town Manager & Board of Selectmen - Salaries Town Manager & Board of Selectmen - Expenses Legal and Audit - Expenses Community Center - Expenses Youth Services - Salaries 3,000.00 1,000.00 4,000.00 17,599.00 28,100.00 5,952.00 852.00 500.00 20,200.00 69,696.00 1,500.00 3,500.00 20,000.00 2,000.00 300.00 ARTICLE 8 - CAPITAL IMPROVEMENTS PLAN Item #1 - Central Dispatch Center Combined Public Safety Dispatch is an initiative that Chief Dolan and Chief Stanley with the assistance of Mr. Richard DeVincentis, Labor Relations Manager, AT&T, have been reviewing, and they recommend that the Town move forward with this program. The benefits from such a program will be enhanced delivery of Public Safety Services, including the establishment of a Central response center to deal with citizen emergencies and/or request for services and will provide for a more effective allocation of Fire and Police Department Personnel. Capital Cost Estimates New Communication Equipment and Modifications to Existing Equipment Phone System Expansion and Replacement Fire Alarm/Digitizer Relocate Fire and DPW Radio Equipment Update Fire Alarms at Senior Center/Town Hall Building Modifications Total $ 150,000 25,000 25,000 10,000 5,000 15,000 ARTICLE 8 - CAPITAL IMPROVEMENTS PLAN Item 28 - Bear Hill Water Storage Tanks (Reservoirs) The funding of this article will permit the town to move forward with required work in order to allow the reservoirs to function as an integral part of the Town's water distribution system. The article provides funding to correct original design/operational defects and to insure compliance of the reservoirs with all State Regulations. Funding will provide for engineering services including construction bidding and construction services to include supervision of repairs, acquisition and installation of the covers, and support structures. This appropriation includes the design of required pumping system, preparation of operation and maintenance procedure manuals, construction costs and any other work necessary to insure the integrity and operation of the Bear Hill Reservoirs. The Division of Public Works, with the assistance of the Public Works Advisory Committee, will solicit and evaluate proposals from qualified engineering firms to design and supervise the required corrective measures. Estimated Costs Pumping System Rebuild Roadway Concrete Wall Reservoir Modification, Covers & Support System Engineering and Contingency Total 70,000 20,000 30,000 280,000 60,000 460.000 4 ARTICLE 8 - CAPITAL IMPROVEMENTS PLAN Item 29 - Sutton Hill Reservoirs In order to meet requirements of the Department of Environmental Protection as directed in the Department's order of Non-compliance, the following repairs and improvements must be undertaken, the estimated cost of which is $ 130,000; Installation of a new hapalon or "Aquatuff" polypropylene cover and flotation system designed to provide optimum stability and maximum strength. 2. Modification of the overflow structure. 3. Installation of additional piping for storm water collection and removal. Installation of an improved method of storm water removal from the covers. Modifications to the floating hatch and the inlet and outlet piping. 6~ Repairs and modifications to the existing fence. 7. Installation of emergency lights. 8. Proper grading within the fence area. Minor regrading on the site to improve the access road and drainage pattern. ARTICLE 8 - CAPITAL IMPROVEMENTS PLAN Item 31 - Sewer System Extension - GPR - Phase II The Phase II sewer extension project was initially authorized under Article 37 at the Annual Town Meeting of May, 1987. The system is fully engineered and designed and the Division of Public Works is prepared to call for construction bids. Based on best available cost estimates, an additional $ 450,000, appropriation will be required to complete the project. The cost of this project will be subject to a Betterment Assessment. PHASE II SEWER PROGRAM ESTIMATED COSTS 511192 Engineering/Design Services Construction Services Construction Contract Costs Contingency & Miscellaneous Betterment Assessment Services Less: Funds Appropriated Article 37 - ATM 1987 NET Additional Required Funding Total Cost Complete Project $ 222,635 150,000 1,423,225 81,161 16,500 $ 1,893,521 1,450,000 $ 443,521 $ 450.000 ,°ONO LAKE COCHICH [WICK ~OL£ 'wOOD C0ACHM~/IS ST. LEGEND PROPOSED Pt klPING STATION P ROI:30SE D Gl e~.E ~ E~ PRO~ECT AREA PHASE ARTICLE 14 - GENERAL APPROPRIATION As a result of discussions between the Board of Selectmen and the School Committee, both Boards have agreed as to an amended Board of Selectmen Budget recommendation for FY 93. The compromise, as agreed to by the Boards, maintains a balanced budget, represents a commitment to additional School Department funding and reduces the amount needed on an override vote. The allocation of additional funds in excess of amounts printed in the warrant, as the Board of Selectmen Recommendation, is as follows: School Department FY 92 Original BOS Revised BOS Increase Over Original BOS Salaries $ 10,480,790 Expenses 3,049,492 $ 13,530,282 $ 10,760,790 3,049,492 $ 13,810,282 $ 11,118,290 3,091,992 $ 14,210,282 $ 357,500 42,500 400,000 of which $ 128,000 subject to 2 1/2 override. Library Expenses Police Department - Dispatch Salaries Police Department - Disptach Expenses Youth Services - Expenses Youth Services - Salaries Parks & Grunds - Stevens Pond Salaries Senior Center - Salaries Recreation Department - Expenses Refuse Expenses - Recylcing Program of Which $110,000 is subject to 2 1/2 override 3,000 47,000 10,000 5,000 10,000 10,000 5,000 10,000 110,000 Total The complete amended General Appropriation Article, reflecting the revised Board of Selectmen's recommendation, is reproduced on Pages 9-14. 8 A~TIC~.~. 1993. To se~ recommendatio~ beginning July 1, 1992, and ending June 30, 1993~ other action relative thereto. DEP ARTI'4EN' GENERAL GOVERNH TOYN MkllkGEll - includes Pets, SAL OUT OF STATE T! TOVN ACCOUNT SA[ EXF TOVN MODERA1 SAt .4. GENEP~L APPROPRIATION A~TICLE FOR FISCAL YEAR what action the Town will take as to the budget s of the Board of Selectmen for the fiscal year or to take any Board of Selectmen F7 '92 FY '93 FY BUDGET DEPARTMENT 8D OF S[1.[CTIffEN REOUESTS RECOPII~IERDATIONS ~T & BOARD OF SELECTHEN mnel (Salaries & Expenses) ARIES $1~0,040.00 ,3~ES $42,300.00 ~AVEL $0.00 FY '93 ADVISORY BOARD RECOMMEI'~ ATIONS ADVISORY BOkl SAt EXF LEGAL AND AU[ SA! E,~ $1~I,040.00 $128,710.00 $128,710.00 $42,300.00 $58,024.CI0 $58,024.00 $0.00 $0.00 $0.00 UNCLASSIFIED E,VJ ANT ARES $105,633.00 $113,489.00 $113,489.00 .:NSES $6,880.00 $4,~0.00 $4,~50.00 TOTAL - GEI~E'RAL SA EXI OUT OF ST ATE ~ ADIdlNISTRATIOII TREASURY - includes Ass .S,~ 'OR ARES $200.00 $113,489.00 $4,350.00 ~D ARIES $0.00 $8.00 $0.00 £NSES $4,000.00 $4,000.00 $8,S00.00 $8,500.00 ,IT .ARIES $0.00 $0.00 $13.00 ENSES $95,000.00 $95,000.00 $90,250.00 SCI.O0 $9O,230.00 F~SES $1 .,200.00 $1,200.00 $2,000.00 $2,000.00 GOVERNHE/IT . AR lES $235,873.00 $24S,729.00 $242,399.00 $242,399.00 'F. NSES $149..380,00 $146,850.00 $16.3,124.130 $163,124.00 I~AVEL $0.00 $0.00 $0.00 $0.00 AND FINANCE $405,523.00 EX1 ~'NSES $186,810.00 g $103,839.00 essing & Collection (Salaries & Expenses) LARES $,~26 ,499 .00 $,~47',197.80 $390,b-79.00 $~47,198.00 $103,~'~9.00 $3;47,198.00 $103 ,339.00 FY .92 DEPARTHENT BI.DC, ET FY .95 DEPARTHENT REQUESTS FY ~93 BO OF SELECTHEN RECO~ATiONS FY '93 ADVISORY BOARD RECOHI"END ATiONS ADMINISTRATION AND FINANCE (oon'd) CLERK SALARIES $50,631.00 $~1,221 .OO $51 ,~.~1 .OO $51,221.00 EXPENSES $47,700.00 $47,000.00 $47,000.00 $47,000.00 DEBT REDF_f~TIOII EXPENSES INTEREST ON DEBT EXPENSES EMPLOYEE BENEFITS EXPENSES GE~iERAL ISURA#CE EXPENSES $1,606,000.00 $1,794,895.08 $2,m o,ts4.oo $550,OO0.OO TOTAL- ADHIISTRATIOll /IJIl) FIIIAI~E $1,678,500.00 $1,442,099.97 $2,700,070.00 $1,520,OO0.0CI $1,608,899.00 $2,620,070.00 $1,520,000.00 $1,6CM3,899.00 $2,620,070.00 SALARIES $~77,1:~.00 $398,418.80 $~98,419.00 $398,419.00 EXPENSES $6~.~ ~521 ~.97 ~421 ~.~ $6~421 ~.~ $7~487.~ ~919~927.~ ~0~7.~ ~~7.~ PUBLIC SAFETY POL ICE PEP ARTHEIIT S AL AR lES $1,42~,098.OO $1,499,805.OO $1 ,$46,885.OO $1,499,885 .OO EXPENSES $269,258.OO $194,471.00 $184,471 .OO $174,471.00 oLrr OF STATE TRAVEL $O.OO $O.OO $O.OO $0.00 FIRE DEP ARTMEIIT SALARIES $1,887,741.00 $1,887,741.00 $1,887,741 .OO $1,887,741.00 EXPENSES $121,927.OO $125,622.08 $1 05,611.00 $105,611.00 OUT OF STATE TRAVEL $0.00 $O.OO $0.00 $13.00 CIVIL DEFERSE SALARIES EXPENSES TOTAL - PUBLIC SAFETY SALARIES ~L:3,$16,742.60 $~3;,391,529.60 ~,438,530.OO $3,391,5"gO.O0 F.~ENSES $394,01 O.OO $322,918.00 $292,907.OO $'282,907.00 OUT OF STATE TRAVEL $0.00 $0.OO $0.OO $0.00 $3,710~7~2.60 $3~714~447.60 $3;~73;1 ~43"/.OO $3~674/437.00 10 DEP ARTP1ENT FY '92 BUDGET FY '93 DEPARTHENT REOUESTS FY '93 BD OF SELECTHEN RECOMMENDATIONS FY '93 ADVISORY BO ARD R_~COMMENDATIONS EDUCATION SCHOOL DEPARTMENT SALARIES EXPENSES ,480..790.00 049,492.00 $11,244.472.00 $3 ,67.% ,813 .00 $11,118,290.00 ~ $.%,091,992.00 $ I 1,18.9,290.00 $3,111,492.00 GR. LAW. RES. VOCATIONAL SCHOOL ASSESSMENT $138,713.00 $174,171.00 $174,171.00 $174,171.00 SCHOOL BUILDING COMMITTEE SALARIES $2,631.00 EXPENSES $5,810.00 $'2,631.00 $5,810.00 $2,631.00 $5,810.00 $2,631.00 $5,810.00 TOTAL - EDUCATION SALARIES $10,483,421.00 EXPENSES $3,194 ~015.00 $13 ..677~436.00 $11,247,103.00 $3,853,794.00 $15,100,897.00 $11,120,921.00 $3/271~973.00 $14~392~894.00 $11,191,921.00 $~291~473.00 $14..483..394.00 PUBLIC ¥ORKS D.P.¥. - ADMINISTRATION AND OPERATIONS - includes Street Plaint., Refuse Col., Tree, Pks. & Grnds, Pub. Bldgs. (Salaries & Expenses) S AL AR lES $758,678.00 $760,685.00 $75"5,922.00 EXPENSES $1,052,900.00 $1,099,156.00 $1,190,434.00 [~ OUT OF STATE TRAVEL $8.00 $0.00 $0.00 $725,922.00 $1,080,434.00 $o.oo D. P. Y.-WATER DEPARTMENT SALARIES $264,400.00 EXPENSES $452,700.00 OUT OF STATE TRAVEL $8.00 $271,360.00 $271,360.00 $271,360.00 $4S4,764.00 $~91,000.00 $391,000.00 $o.oo $o.oo $o.oo D. P. ¥. - SEVER DEPARTMENT SALARIES $120,515.00 EXPENSES $16,600.00 $117,300.00 $145,200.00 $145,200.00 $30.600.00 $80,100.00 $80,100.00 D. P. W. - GR. LAW. SANITARY DISTRICT ASSESSMENT $851,000.00 $851,000.00 $'923,236.00 $923..236.00 D. P. W. - SNOW REMOVAL SALARIES EXPEI~SES NOTES: l 2 3 4 5 $30,000.00 $~0,000.00 ~0,000.00 &~O,O00.O0 $94,200.00 $94,200.00 $94~00.00 $94~00.00 $88,000 of appropriation (School - Salaries) subject to approval of a Prop. 2 1/2 general overr~de election. $40,000 of appropriation (School - Expenses) subject to approYal of a Prop. 2 1/2 general override election. $428,300 of appropriation (School - Salaries) subject to approYa! of a Prop. 2 !/2 general oYerrtde election. $62,000 of appropriation (:School - Expenses) subject to approval of a Prop. 2 1/2 general override election. $110,000 of appropriation (P. %'. Rec, jclir~j program)subject to approYal of a Prop. 2 1/2 general overr~de election. 11 DEPARTHENT FY '92 FY '9~ FY BUDOET DEPARTMENT BD OF SELECTHEN REOUESTS RECOMMENDATIONS FY'9$ ADVISORY BOARD RECOMM~ATIONS PUBLIC WORKS (cea't) TOTAL - PUBLIC ¥ORt~S SALARIES $1, ! '~,593.00. $! ,! 79,345.00 $! ,! 82,482.00 $! ,172,482.00 EXPENSES $2,467,400.00 $2,509,720.00 $2,678,970.00 $2,S68,970.~ OUT ~ STATE ~A~5 ~.~ $0.00 ~.~ ~.00 $~640~99~.00 ~689z065.00 $~861 ;452.08 , $3~741.4S2.00 PLANNING AND COMMUNITY DEVELOPMENT PLAN~IG DEPARTMENT - ~ludes Con. Comm. & Bd of Appeals (Salaries & Expenses) SALARIES $166,684.00 $162,904.08 EXPENSES $9,67'~.00 $10,475.00 OUT OF STATE TRAVEL SO.00 $0.00 BUILDING DEPARTMENT - includes Sealer of ~¢eights/l"leasures & Animal Inspect. (Salaries & Expenses) SALARIES $117,940.32 $119,078.32 $127,6,T~.~ EXPOSES $5,650.00 $4,512.00 $5,012.00 INDUSTRIAL DEVELOPMENT COMMISSION EXPENSES $1,500.00 $158,906.00 $9,075.00 $o.oo TOTAL - PLANNIN~ & COMM. DE'VEL. $127,655.00 $5,012.00 $1,500.00 $1 ,~00.00 $1,500.00 SAL/~IES $284,624.32 $281,382.40 $286,541.00 $286,541.00 EXPENSES $16,823.00 $16,487.08 $15,587.00 $15,587.00 OUT OF STATE TRAVEL SO.00 $0.00 $0.00 $13.00 $301 ~447.32 $"2"98~469.40 $,,'302~128.00 $302 ~128.00 HUMAN SERVICES HE ALTH DEP ARI'MEIT SALARIES $59,216.00 $60,782.86 $62,163.00 ~S $29,900.00 $44,075.00 $36,575.00 COUNCIL ON S AL AR lES $69,393.C10 $69,880.60 ~, 141.00 D',PEN~S $12,596.00 $12,108.00 $12,1 08.00 $62,1 63.00 $,~,575.00 $79,141.00 $1 2,1 08.00 YOUTH SERVICES SALARIES $46,000.00 $49,529.14 $57,2~.00 $47,260.00 EXPENSES ~,860.00 $7,59~ .oo $14,100.00 ~,1 oo.oo 12 FY '92 DEPARTHENT BUDOET FY '93 DEP ARTI~IENT REOUESTS FY '93 BD OF SELECTHEN RECOI'~IEND ATIONS FY '93 ADVISORY BOARD RECOMMEND A T IONS HUMAN SERVICES VETERANS SERVICES - includes Graves Registration (Salaries & Expenses) SALARIES $400.00 EXPENSES $12,350.00 COMMUNITY CENTER SALARIES $2,285.00 EXPENSES $3,950.00 STEVENS MEMORIAL LIBRARY SALARIES $212,048.00 EXPENSES $90,484.00 $400.00 $27,55o.oo $2,285.00 $3,950.00 $219,345,00 $83,187.00 $400.00 $27,550.00 $0.oo ~I 3,345.00 $92,187.00 $400.00 $27 ,b-SO.O0 $o.oo $'213,345.00 $09,187.00 RECREATION SALARIES $15,000.00 $15,000.00 $15,000.00 $15,000.00 EXPENSES $6,000.00 $6,000.00 $16,000.00 $6,000.00 $600.00 $600.00 HISTORICAL COMMISSION EXPENSES $600.00 $600.00 TOTAL - HUMAN SERVICES S AL AR lES $404,342.00 $417,222.60 $432,~J9.00 $417,309.00 EXPENSES $165~740.00 $185~061.00 $199~12~J.00 $181 ~120.00 $570~082.00 $602 r283.60 $631 ~429.00 $598,,429.00 SUMMARY SALARIES $16,275,725.92 $1T ,159,330.40 $1T :101,6~31.00 $17,100,601 .CIO EXPENSES $13,383,725.08 $13,556,338.97 $13,043,489.00 $12,.~24,989.00 OUT OF STATE TRAVEL $0.00 $0.00 $0.09 $0.~ GRAND TOTAL $29~659~451.00 $30~715~669.37 ~0 ~ 145 ~090.00 $:~025 fiSO.O0 13 ARTICLE 20 - NESWC REFUNDING For the past several years NESWC has been gearing up to effect a refinancing of the tax exempt project bonds used to finance the North Andover Resource Recovery Facility. The current bonds carry an interest rate of 10 1/8%. Current tax exempt financings have been 3% or more below that. By doing a refinncing, the NESWC member communities can expect to save up to $ 30,000,000, on a present value basis, over the remaining life of the Service Agreement. The communities also hve the ability to restrcture the debt payments so as to significantly reduce tipping fees for FY 94 and to simultaneiously stabilize those rates for the remainder to the project life. The actual dollar savings which can be realized and the actual future tipping fee projections will depend upon the actual refinancing method selected and the actual interest rates required to be apid. NESWC is currently studying these issues withthe ehlp of Public Financial Management Corporation of Philadelphia and Palmer & Dodge of Boston. Those decisions are expected to be amde within the next several months. 14 ARTICLE 21 - PURCHASE OF PUMP STATION Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $ 467,500.00 to be expended under the direction of the Board of Selectmen for the purpose of purchasing to acquire by fee and/or easement an interest in the real estate in the vicinity of Great Pond Road and Osgood Street on which the sewer pump station is located as well as all equipment and the building containing the pump station; and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $ 467,500.00 under M.G.L. Chapter 44 as amended, for said purpose; and that the Selectmen are authorized to petition the General Court for an act to authorize borrowing for this project, if necessary. And to meet this appropriation a special betterment assessment under M.G.L. Chapter 80 and 83 shall be made upon the property benefited by such sewer and pump station acquisition. Furthermore, the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified by a firm of Certified Public Accountants, and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Comments: The allocation of system capacity to the impacted property owners is as follows: Gallons 1. Butcher Boy Market Place 4,980 2. Loft Restaurant 6,300 3. Blue Fox 5,600 4. Lakeview Office 750 5. Plaza 1060 900 6. Treadwell's Ice Cream 800 7. Borden Packaging 5,750 Total ~ As of April 30, 1992, the Town has received agreements from six (6) of the above property owners agreeing to connect to the sewer system and allow the Town to assess a pro-rata Betterment to include all costs including interest. 15 ARTICLE ADOPTION OF PERSONNEL BY-LAW This article is the result of effort by a committee working to pull together the present sections of the town by-law relating to personnel, to clear up inconsistencies and to add language where needed. Because the full text is 25 pages long, it was impractical to pnnt the entire by-law in the warrant. Copies have been available at town hall and the library as well as all precincts, and copies are available for those who want them at Town Meeting. For convenience, this executive summary reviews the additions and changes proposed, which must be formally adopted by Town Meeting. Application. The Personnel By-law applies to those town employees who do not belong to a collective bargaining unit. Specifically, it governs department heads and administrators, inspectors and a number of part-time personnel such as library pages and crossing guards. What is changed. 1. Definitions were reviewed and clarified. 2. A new section on termination notices provides a procedure for fair notice and headngs for employee dismissals. 3. Another new section outlines a grievance procedure for resolving employer/employee disagreements. 4. A section was added detailing Town Meeting's ability to adopt or amend personnel by-laws. 5. Two position titles were altered: Vehicle Maintenance Dept Head and Director of Senior Citizens' Programs. These do not represent new employees, they are better definitions of the responsibilities of existing employees. 6. A section on longevity codifies current practice, which is in line with union contracts in town and adds language to clarify administration of the benefit. 7. Uniform allowances for the Police and Fire Chiefs are tied to those received by union members, as is the current practice. 8. The option of compensating time off rather than pay is permitted for hourly employees working more than their regular work week. 9. The current practice for paid holidays for regular and part-time employees is spelled out. 10. A section clarifying the allowance of vacation leave has been added, as well a paragraph guaranteeing the rights of employees called to serve in a national emergency. 11. A section on workman's compensation clears up how a transition from sickleave pay to workman's comp is accomplished. 12. Educational reimbursement is extended to by-law personnel who meet a series of stnct qualifications. 13. Sections on personal, military, and maternity leave have had language added to define the employees position more cleady, by stating current practice. 14. A new section gives the Town Manager flexibility to grant an unpaid leave of absence where it seems appropriate. same. What is not changed. Classification and compensation schedules remain the 16 ARTICLE 8. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1993. TO see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Project Description Department Request Board of Selectmen Recommend Advisory Board Recommend POLICE DEPARTMENT: 1. Central Dispatching Center 2. Facility Renovations/ Expansion 3. Traffic Lights (Mass. Ave./Waverly Rd.) 4. Communications Network 5. Speciality Vehicle Needs Sub-Total - Police FIRE DEPARTMENT: 6. Fire Station Engine Exhaust Systems 7. Architectural Fees - Fire Station & Town Hall 8. High Band Radio Sub-Total - Fire SCHOOL DEPARTMENT: 9. Elementary School - Calzetta Farm Site SEE NOTE 10. Middle School Roof - Repair/Replacement 11. Bradstreet ECC Elevator,/ Lavs.- Handicapped Access./Elect. 12. Remove Asbestos - Middle School Boiler 13. Franklin School Roof Repair/Replace 14. Handicap Access - Two Lavatories-Middle School 15. Technology Equipment 16. Thomson & Bradstreet Brick Repointing 17. Atkinson, Kittredge, Thomson Floor Retiling 18. Underground Oil Tank Replacement Sub-Total - School $230,000 $230,000 $230,000 400,000 0 0 18,000 18,000 0 38,000 13,950 I~950 28,000 28,000 00~ $714,000 $289,950 $~ $ 45,000 $ 45,000 $ 45,000 31,000 0 0 130,000 130,000 130,000 $206,000 $175,000 $175,000 $10,600,000 $10,600,000 See Art. 12 449,500 449,500 449,500 250,000 0 0 80,000 80,000 80,000 66,000 66,000 66,000 15,000 15,000 15,000 63,760 63,760 63,760 30,000 0 0 25,740 25,740 25,740 50,000 0 0 $11,630,000 $11,300,000 $700,000 Department Project Description Department Request Board of Selectmen Recommend Advisory Board Recommen~ 19. Renovation/Addition- Town Hall Sub-Total - Town Hall $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 STEVENS LIBRARY: 20. Library Addition & Renovation $2,000,000 SEE NOTE 21. Asbestos Removal 45,000 22. Underground Oil Tank Replacement 43,650 Sub-Total-Stevens Library $2,088,650 $2,000,000 See Art. 11 0 $ 0 0 0 $2,000,000 $ 0 PUBLIC WORKS: 23. Public Works Equipment 24. Water Main Rehab. - FY 93 25. *Two Rubbish Trucks 26. Sewer Sys Ext-GPR Phase 3 27. Sewer System Improvements 28. Bear Hill Storage Tanks SEE NOTE 29. Sutton Hill Storage Tanks 30. Road Improvement Program 31. Sewer Sys Ext-GPR Phase 2 Sub-Total - Public Works $ 148,000 700,000 150,000 1,500,000 1,000,000 460,000 $ 148,000 $ 148,000 50,000 50,000 150,0000 R~ 0 0 460,000 460,000 Total - Article #8 * Subject to continuation of existing trash collection program. 130,000 130,000 130,000 250,000 0 0 450,000 450,000 450,000 $4,788,000 $1,388,000 ~o $19~487.890 $15~277,950 Board of Selectmen VOTED to adopt the MOTION and to include Item 5 - Specialty Vehicle Needs - Police Department and appropriate $28,000 for said purpose, and that the total authorization to borrow be the sum of $2,659,950 under Chapter 44 of the General Laws. PurDose ApproDriation Police DeDartment Item 1. Item 4. Central Dispatching Center Equipment and Remodeling Communications Network Equipment $230,000 ,950 Fire Department Item 6. Fire Station Engine Exhaust Systems 45,000 Item 8. High Band Radio 130,000 School Department Item 10. Middle School Roof - Repair/Replacement 449,500 Item 12. Remove Asbestos - Middle School Boiler 80,000 Item 13. Franklin School Roof - Repair/Replace 66,000 Item 14. Handicap Access - Two Lavatories - Middle School Technology Equipment Atkinson, Kittredge, Thomson Floor Retiling - Extraordinary Repairs Item 15. Item 17. 15,000 63,760 25,740 Town Hall Item 19. Renovations/Addition Town Hall 125,000 Public Works Item 23. Public Works Equipment 148,000 Item 24. Water Main Laying and Relaying - FY '93 50,000 Item 25. Two Rubbish Trucks 150,000 Item 28. Bear Hill Storage Tanks Reconstructing and Repairs 460,000 Item 29. Reconstructing Sutton Hill Storage Tanks 130,000 Item 31. Sewer System Extension - Phase 2 GPR 450,000 and that Item 25 - Two Rubbish Trucks be acquired subject to the continuation of the existing trash collection program; that under Item 31 - Sewer System Extension - Phase 2 Great Pond Road, the Board of Selectmen are authorized to take any other action necessary to carry out this project and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,631,950 under Chapter 44 of the General Laws. Telephon~: (617) 573-0100 PALMER & DODGE One Beacon Street Boston, Massachusetts 02108 August 10, 1992 Facsimile: (617) 2274420 Laura Guadagno Fleet Bank of Massachusetts, N.A. Government Banking 28 State Street, 34th Floor Boston, MA 02109 (North Andover Bonds) We have examined the papers submitted to us relating to the issuance of the following bonds by the Town of North Andover, Massachusetts: Act of 1948 Bonds, payable within 20 years from their dates under Chapter 645 of the Acts of 1948 as amended, except for that portion issued for planning purposes under G.L.c.44, §7, which are payable within 5 years from their dates and a vote of the town passed at the~2Z.~T2.~77; .7__:~ II -_--7 ~f'~ [~) I '-_--.' ~ ~;659i, -~--' ' '. ........ ~_ .... payable within various periods of time from 5 to 40 years from their dates or such period of time, not to exceed 20 years from their dates, as may be approved by the Emergency Finance Board under G.L.c.44, §§7 and 8 and a vote of the town passed at thee ................... o,, ........ ,,- · ~i0~;~ portion of which is payable within 20 years from their dates under G.L.c.44, §7(3) and a portion of which is payable within such period of time, not to exceed 20 years from their dates as may be approved by the Emergency Finance Board under G.L.c.44, §7(3A) and a vote of the town passed at the .,~ :.. 467,~~~payable within 20 years from their dates under an act to be passed~e General Court and a vote of the town passed at the and to complete our examination we shall need the following papers: showing: ~,~l~e'. the session at which thebonds wereau~'~-'~'~:~~~~. the session at which, each of the bond authorizations was voted).; (b) the adjourning each prior session; and (¢) the preseace of a quorum at the sessiom[at which the bondswere, 5. A letter from an appropriate town official describing the library project in more detail so that we may determine the appropriate statutory borrowing authority. In particular we shall need to know the proposed allocation of the appropriation, including the amounts attributable to new construction, to remodeling of the existing structure and to acquisition of additional equipment. 6. A debt statement in the enclosed form dated as of May 4, 1992. 7. A certified copy of the vote of the State Board of Education approving the school project under Chapter 645 of the Acts of 1948 as amended. We assume that the vote will include a no impact finding under G.L.c.30, §61. 8. If the amount of borrowing for the school project will exceed the estimated grant under Chapter 645, a certified copy of the vote of the Emergency Finance Board approving the loan, accompanied by the usual certificate showing compliance with the open meeting law. We assume that the approval will include a no impact finding under G.L.c.30, §61. 9. For the projects voted under Article 8 (items 1, 10, 13, 14, 17, and 19) which are to be financed under G.L.c.44, §7(3A), the projects voted under Article 8 (items 28 and 29) which are to be financed under G.L.c.44, §8(4A), and the portion of the library project voted under Article 11 which is to be financed under G.L.c.44, §7(3A), certified copies of the votes of the Emergency Finance Board approving the borrowings and fixing their maximum terms. The votes should be accompanied by the usual certificate showing compliance with the open meeting law. We assume that each vote will include a no impact finding under G.L.c.30, §61. % j~oo ARTICLE 1. ANNUAL TOWN ELECTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 2, 1992. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Town Clerk to announce results. action. Town Moderator will not require ARTICLE 2. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1991 Annual Town Report. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt the article as printed in the warrant. ARTICLE 3. COMPENSATION OF ErmCTED OFFICIALS. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws as follows; or to take any other action relative thereto: Board of Selectmen/Licensing Commissioners, each per annum Chairman, Board of Selectmen, per annum Moderator For each Annual Town Meeting For each Special Town Meeting $ 2,000 300 100 5O Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. Board of Selectmen Board of Selectmen Motion MOVE that the Town receive the preliminary report of the Water Treatment Plant Study Committee. ARTICTm 5. RESOLUTION REGARDING DISTRIBUTION OF STATE AID TO CITIES AND TOWNS. To see if the Town will vote to adopt the following resolution: Resolved that the Town of North Andover calls upon the legislature to annually appropriate and fully distribute the legally required 15% gas tax receipts to cities and towns, for the construction, maintenance, and policing of local roads. Furthermore, the Town calls upon the legislature to implement Questions 5 and fully distributed revenues to cities and towns according to terms of that question. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town of North Andover calls upon the legislature to annually appropriate and fully distribute the legally required 15% gas tax receipts to cities and towns, for the construction, maintenance, and policing of local roads. Furthermore, the Town calls upon the legislature to implement Question 5 as voted in the November 6, 1990, State Election and fully distributed revenues to cities and towns according to terms of that question. ARTICr~ 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 Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Advisory Board Motion MOVE that the Town vote to transfer from the unexpended balances of: Leak and Rehab. Account - FY 1988 being a sum of $28,411.55 to be added to the following accounts: Article 43 - Computer Systems 1987 Annual Town Meeting $25,806.67 Article 13 - General Appropriations 1990 Annual Town Meeting Personnel - Expenses Group Insurance Special Legal Assessors - Expenses Building - Expenses Fire - Expenses Police - Expenses / / 372.47 1,018.65 514.00 58.79 117.00 225.00 298.97 ARTICLE 7. FISCAL YEAI~ 1992 ~DGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1992 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Advisoz7 Board Motion MOVE that the Town vote to transfer certain funds, as noted under Article #7 of the May 6, 1991, Annual Town Meeting as amended under Article #1 of the December 11, 1991, Special Town Meeting, from the unexpended balances of: Police - Expenses Fire - Expenses Stevens Memorial Library - Salaries Interest on Debt - Expenses General Insurance - Expenses D.P.W. - Gr. Law. Sanitary Dist. - Expenses Gr. Law. Reg. Vocational School - Assessment D.P.W. - Adm. and Operations - Salaries Planning Department - Salaries Industrial Development Commission - Expenses D.P.W. - Water Department - Expenses $23,947.00 6,152.00 2,000.00 68,000.00 25,000.00 15,000.00 3,100.00 10,000.00 20,000.00 1,000.00 4,000.00 being a sum of $178,199.00 to be added to the following accounts: Advisory Board - Expenses Building Department - Salaries D.P.W. - Water Department - Salaries D.P.W. - Adm. and Operations - Expenses Police Department - Salaries Treasury - Salaries Town Accountant - Salaries Unclassified Stevens Memorial Library - Expenses Employee Benefits - Expenses Town Manager & Board of Selectmen - Salaries Town Manager & Board of Selectmen - Expenses Legal and Audit - Expenses Community Center - Expenses Youth Services - Salaries 3,000.00 1,000.00 4,000.00 17,599.00 28,100.00 5,952.00 852.00 500.00 20,200.00 69,696.00 1,500.00 3,500.00 20,000.00 2,000.00 300.00 ARTICLE 8. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1993. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Project Description Department Request Board of Advisory Selectmen Board Recommend , Recommend POLICE DEPARTMENT: 1. Central Dispatching Center 2. Facility Renovations/ Expansion 3. Traffic Lights (Mass. Ave./Waverly Rd.) 4. Communications Network 5. Speciality Vehicle Needs Sub-Total - Police FIRE DEPARTMENT: 6. Fire Station Engine Exhaust Systems 7. Architectural Fees - Fire Station & Town Hall 8. High Band Radio Sub-Total - Fire SCHOOL DEPARTMENT: 9. Elementary School - Calzetta Farm Site SEE NOTE 10. Middle School Roof - Repair/Replacement 11. Bradstreet ECC Elevator/ Lavs.- Handicapped Access./Elect. 12. Remove Asbestos - Middle School Boiler 13. Franklin School Roof Repair/Replace 14. Handicap Access - Two Lavatories-Middle School 15. Technology Equipment 16. Thomson & Bradstreet Brick Repointing 17. Atkinson, Kittredge, Thomson Floor Retiling 18. Underground Oil Tank Replacement Sub-Total - School $230,000 $230,000 $230,000 400,000 0 0 18,000 18,000 0 38,000 13,950 13,950 28,000 28,000 F~,OO0/ $714,000 $289,950 $243,950 z $ 45,000 $ 45,000 $ 45,000 31,000 0 0 130,000 130,000 130,000 $206,000 $175,000 $175,000 $10,600,000 $10,600,000 See Art. 12 250,000 0 0 80,000 80,000 80,000 66,000 66,000 66,000 15,000 15,000 15,000 63,760 63,760 63,760 30,000 0 0 25,740 25,740 25,740 50,000 0 0 $11,630,000 $11,300,000 $700,000 449,500 449,500 449,500 Department Project Description Department Request Board of Selectmen Recommend Advisory Board Recommen~ TOWN HATW.: 19. Renovation/Addition - Town Hall Sub-Total - Town Hall $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 STEVENS LIBRARY: 20. Library Addition & Renovation SEE NOTE 21. Asbestos Removal 22. Underground Oil Tank Replacement 43,650 Sub-Total-Stevens Library $2,088,650 $2,000,000 $2,000,000 See Art. 11 45,000 0 $ 0 0 0 $2,000,000 $ 0 PUBLIC WORKS: 23. Public Works Equipment 24. Water Main Rehab. - FY 93 25. *Two Rubbish Trucks 26. Sewer Sys Ext-GPR Phase 3 27. Sewer System Improvements 28. Bear Hill Storage Tanks SEE NOTE 29. Sutton Hill Storage Tanks 30. Road Improvement Program 31. Sewer Sys Ext-GPR Phase 2 Sub-Total - Public Works $ 148,000 $ 148,000 700,000 50,000 150,000 150,000 1,500,000 0 1,000,000 0 460,000 460,000 130,000 130,000 250,000 0 450,000. 450,000 $4,788,000 $1,388,000 Total - Article #8 $19.487.890 * Subject to continuation of existing trash collection program. Notes: $15.277.950 $ 148,000 50,000. Rec. @ T.M.~¢,~ 0 0 460,000 130,000 0 450,000 $1,238,000 The following projects will be brought forward to Town Meeting under separate articles: Item 9. Item 20. Item 28. Elementary School - Calzetta Farm Site - Article #12 Library Addition and Renovation - Article #11 Bear Hill Storage Tanks - Article #9 Planning Board Recommendations: Item 24. Item 28. Item 29. Item 31. Water Main Rehab. - FY 93 Bear Hill Storage Tanks Sutton Hill Storage Tanks Sewer Sys. Ext-GPR Phase 2 Favorable Action. Favorable Action. Favorable Action. Favorable Action. Board of Selectmen ARTICLE 8. YEAR 1993. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL Advisor~ Board Motion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose ADDroDriation Police Department Item 1. Central Dispatching Center Equipment and Remodeling $230,000 Item 4. Communications Network Equipment 13,950 Fire Department Item 6. Fire Station Engine Exhaust Systems 45,000 Item 8. High Band Radio 130,000 School Department Item 10. Middle School Roof - Repair/Replacement 449,500 Item 12. Remove Asbestos - Middle School Boiler 80,000 Item 13. Franklin School Roof - Repair/Replace 66,000 Item 14. Handicap Access - Two Lavatories - Middle School Technology Equipment Atkinson, Kittredge, Thomson Floor Retiling - Extraordinary Repairs Item 15. Item 17. 15,000 63,760 25,740 Town Hall Item 19. Renovations/Addition Town Hall 125,000 Public Works Item 23. Public Works Equipment 148,000 Item 24. Water Main Laying and Relaying - FY '93 50,000 Item 25. Two Rubbish Trucks 150,000 Item 28. Bear Hill Storage Tanks Reconstructing and Repairs 460,000 Item 29. Reconstructing Sutton Hill Storage Tanks 130,000 Item 31. Sewer System Extension - Phase 2 GPR 450,000 and that Item 25 - Two Rubbish Trucks be acquired subject to the continuation of the existing trash collection program; that under Item 31 - Sewer System Extension - Phase 2 Great Pond Road, the Board of Selectmen are authorized to take any other action necessary to carry out this project and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2~6~ ,~ 950 under Chapter 44 of the General Laws. ARITLCE 8. YEAR 1993. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL Board of Selectmen - Amendment MOVE that the Town vote to amend the motion and to include Item 5 - Specialty Vehicle Needs - Police Department and appropriate $28,000 for said purpose, and that the total authorization to borrow be the sum of $2,659,950 under Chapter 44 of the General Laws. -- ARTICT~ 9. REPAIR TO BEAR HITJ. RESERVOIP~. To see if the Town will vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under Chapter 44 of the Massachusetts General Laws as amended or to take any other action relative thereto. Selectme~~~//////~ ~ ~ ~ ~ Board of Selectmen Recommendation: _ - - -: ~ n. Advisory Board Recommendation: No Action IF ITEM 28 OF ARTICLE 8 PASSES: Board of Selectmen Motion MOVE that the Town take NO ACTION on the article. IF ITEM 28 OF ARTICLE 8 DOES NOT PASS: Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under M.G.L. Chapter 44, Section 8 (4A). ARTICLE 10. CAPITAL I-MPRO~S RESERVE FUND. To see i~.j~n~ the Town will vote to raise and appropriate the sum of $~~3Y~- or e~y_~%~~, to establish the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for the approved FY 1993 Capital Improvements projects, as voted under Article #$, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 11. STEVENS NRMORIAL LIBRARY RENOVATIONS. To see if the Town will vote to appropriate the sum of $ 2,000,000 or any other sum for securing plans and specifications, including work drawings, retaining the services of a construction manager, constructing an addition to and remodeling, reconstruction and making extraordinary repairs to the Stevens Memorial Library; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Reco-mendation: Favorable Action..~~ Advisory Board Motion MOVE the Town vote to appropriate $2,000,000 for securing plans~]/ and specifications, including work drawings, reta lning thev se~ices of a const~ction manager, const~cting an addition to and remodeling, reconst~cting and making extraordina~ repairs to the Stevens Memorial Libra~; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,000,000 under M.G.L. Chapter 44, Section 7, as amended; that the Libra~ Board of T~stees, with the approval of the Selectmen, are authorized to contract for an expend funds from other sources and that the Libra~ Board of T~stees is authorized to enter into any contracts or take any other action necessa~ to carry out this project; and further, that the Library Board of Trustees are re~ired to retain the se~ices of a ~alified construction manager. IF THE ARTICLE DOES NOT PASS, THE CHAIRMAN OF THE BOARD OF SELECTMEN WILL MAKE A MOTION FOR RECONSIDERATION OF. ARTICLE 11. IF RECONSIDERATION IS VOTED, THE FOLLOWING MOTION WILL BE MOVED: Board of Selectmen Motion MOVE that the Town vote to appropriate $400,000 for building maintenance improvements, extraordinary repairs and reconstruction to the Stevens Memorial Library; that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $400,000 under M.G.L. Chapter 44, Section 7, as amended. ARTICLE 12. CONSTRUCTION OF ANELEMENTARY SCHOOL. To see if the Town will vote to raise and appropriate the sum of $10,600,000 or any other sum to be expended under the direction of theschool Building Committee for the purpose of constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services and construction management services to be located at the Calzetta Farm site~ to determine whether this appropriation shall be raised by borrowing or otherwise~ 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 other action relative thereto. School Cc~dttee VOTED to'appropriate $10,600,000 for constructing, originally equipping and' furnishing a new elementary school, including any necessary additional architectural services, to be located at the Calzetta Farm site~ that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $10,600,000 under M.G,L. chapter 44 or Chapter 645 of the Acts of 1948, as amended~ that the Selectmen be and they hereby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds or notes for up to one year after the project completion date, as determined by the Treasurer, if necessary~ and that the school Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project~ provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding and related expenses until the state Board of Education approves the project for a state construction grant under said ARTICr~ 12. CONSTRUCTION OF AN E?.RNRNTARY SCHOOL. To see if the Town will vote to raise and appropriate the sum of $10,600,000 or any other sum to be expended under the direction of the School Building Committee for the purpose of constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services and construction management services to be located at the Calzetta Farm site; to determine whether this appropriation shall be raised by borrowing or otherwise; 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 other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $10,600,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services, to be located at the Calzetta Farm site; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $10,600,000 under M.G.L. Chapter 44 or Chapter 645 of the Acts of 1948, as amended; that the Selectmen be and they hegeby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds or notes for up to one year after the project completion date as determined by the Treasurer, if necessary; and that the School Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project; provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding and related expenses until the State Board of Education approves the project for a state construction grant under said Chapter 645. ARTIOT~ 13. A~(~{ITE~ FEES FOR SCHOOLS. To see if the Town will vote to rescind the action taken under Article #19 of the 1989 Annual Town meeting or to take any other action. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. IF ARTICLE 12 PASSES: Board of Selectmen Motion MOVE that the Town vote to amend the authorization to raise and appropriate under Article 19 of the May 1, 1989, Annual Town Meeting; said authorization to be reduced by the sum of $312,000 for a total authorization of $239,285, to be expended under the direction of the School Building Committee, for architectural services and specifications for remodeling, reconstruction, or making extraordinary repairs and for construction additions to Kittredge School, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $239,285 under M.G.L. Chapter 44 as amended. IF ARTICLE 12 DOES ~OT PASS: Board of Selectmen Motion MOVE the Town take no action on this article. . ARTICLE 14. GENERAL APPROPRIATION AI~ICLE FOR FISCAL YEAR 1993. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning July 1, 1992, and ending June 30, 1993; or to take any other action relative thereto. Board of Selectmen FY .92 FY '9;5 FY .9;5 FY '9;5 DEPARTHENT BUDGET DEPARTHENT BD OF SELECTHEN ADVISORY BOARD REOUESTS RECOHHENDATIONS RECOtlHENDATIONS GENERAL GOVERNHENT TO'ell MANAGER & BOARD OF SELECTHEN - includes Personnel (Salaries & Expenses) SALARIES $1 ;50,040.00 EXPENSES $42,;500.00 OUT OF STATE TRAVEL tO.O0 TOWN ACCOUNTANT SALARIES $105,6;5;5.00 EXPENSES $6,880.00 MODERATOR SALARIES $200.00 $1;50,040.00 $128,710.00 $12§,710.00 $42,;500.00 $58,024.00 $58,024.00 $0.00 $0.00 $0.00 $11;5,489.00 $11;5,489.00 S11;5,489.00 $4,350.00 $4,;550.00 $4,350.00 $200.00 $200.00 $200.00 ADVISORY BOARD SALARIES $0.00 $0.00 $0.00 $0.00 EXPENSES $4,000.00 $4,000.00 $8,500,00 $8,500.00 LEGAL AND AUDIT SALARIES tO.O0 EXPENSES $g5,000.00 $0.00 $0.00 $0.00 $95,000.00 t90,250.00 $90,250.00 UNCLASSIFIED EXPENSES $1,200.00 $1,200.00 $2,000.00 $2,000.00 TOTAL - GENERAL GOVERNHENT SALARIES $235,873.00 S243,729.00 S242,399.00 $242,399.00 EXPENSES $149 ,;580.00 $146,850.00 $163,124.00 $163,124.00 OUT OF STATE TRAVEL $0.00 $0.00 tO.O0 $0.00 t;ses,25;5.00 t;sgo,s79.00 t405,52;5,00 ~405,52;5.00 ADMINISTRATION AND FINANCE TREASURY -Includes Assessing & CollecUon(Salarles & Expenses) SALARIES $;526,49g.00 $;547,197~0 EXPENSES $186,810.00 $I03,8;5g.00 $;547,198.00 $;547,198.00 $10;5,339.00 $10;5,339.00 14 FY 92 DEPARTHENT BUDOET FY '9~ DEPARTHENT REQUESTS FY 9~ BD OF SELECll'IEN RECOMMENDATIONS FY '9.:~ ADVISORY BOARD ~COMMENDATIONS ADMINISTRATION AND FINANCE (cea'el) TI CLERK SALARIES $50,631.00 $51,221 .~ $51,221.00 $51 ,~ 1.00 EXPENSES $47,700.00 $47,000.00 $47,000.00 $47,000.00 DEBT REDEMPTION EXPENSES $ 1,606,000.00 $ 1,678,500.00 $1,520,000.00 $1,520,0~ .00 INTEREST ON DEBT EXPENSES $1,794,893.08 $1 ,~2,099.97 $1,608,899.00 $ 1,608,899.00 EMPLOYEE BENEFITS EXPENSES $2,810,954.00 $2,700,070.00 $2,620,070.00 $2,620,070.00 6ENERAL INSURANCE EXPENSES $550,000.00 $550,000.00 $522,500.00 $522.500.00 TOTAL - ADMINISTRATION AND FINANCE SALARIES $377,130.00 $398,418.80 $398,419.00 $398,419.00 EXPENSES $6~996~357.08 $6~521,508.97 $6,42!,808.00 $6,421,808.00 $7,373,487.08 S6,919,~27.77 $6,820,227.00 $6,820,227.00 PUBLIC SAFETY POLICE DEPARTMENT SALARIES EXPENSES OUT OF STATE TRAVEL $1,425,098.00 $269,258.00 $o.oo $1,499,885.00 $194,471.00 $o.oo $1,499,885.00 $174,471.00 $o.oo $1,499,885.00 $174,471.00 $o.oo FIRE DEPARn"IENT SALARIES EXPENSES OUT OF STATE TRAVEL $1,887,741.00 $121,927.00 $o.oo $ 1,887,741.00 $125,622.00 $o.oo $1,887,741.00 $105,611~0 $o.oo $1,887,741.00 $105,611.00 $o.oo CIVIL DEFENSE SALARIES EXPENSES $3,903.60 $2825.00 $3,903.60 $2,825.00 $3,g04.00 $2,825.00 $3,904.00 S2~25.00 TOTAL - PUBLIC SAFETY SALARIES EXPENSES OUT OF STATE TRAVEL $3,316,742.60 $394,010.~ $o.oo $3r710~752.60 $3,391,529.60 $322,918.00 $o.oo ~3r714~447.60 $3,391,530.00 $282,907.O0 $o.oo ~3~674~4~7.00 $3,391,530.00 $282,9O7.O0 $o,oo $3r674~7.00 15 DEPARTHENT FY '92' BUDGET FY '93 DEPARTHENT RE(~UESTS FY `93 BD OF SELECTHEN RECOHHENDATIONS FY `93 ADVISORY BOARD RECOHHENDATIONS EDUCATION SCHOOL DEPARTItENT SALARIES EXPENSES 510,480,790.00 53,~9,492.00 $11,244,472.00 $3,673,813.00 510,760,7g0.00 53,04g,492.00 511,189,2g0.00 " 53,111,492.00 = 6R. LAW. RE6. VOCATIONAL SCHOOL ASSESSi'IENT 5138,713.00 5174,171.00 5174,171.00 5174,171.00 SCHOOL BUILDI#6 COI'I~ITTEE SALARIES 52,631.00 EXPENSES 55,810.00 52,631.00 55,810.00 $2,631.00 $5,810.00 52,631.00 $5,810.00 TOTAL - EDUCATION SALARIES $10,483,421.00 EXPENSES 53,194,015.00 $13,677,456.00 511,247,103.00 $3~853,794.00 $15,100,897.00 $10,763,421.00 $3,229,473.00 $13,992,894.00 511,1g1,921.00 $3,291,473.00 $14,483,394.00 The Advisory Board rocommendetion on the School department budget requires that $420,500 of Salaries end $62,000 of Expenses be Ipproprletod subject to · successful PropesiUen 2 !/2 General Override election. PUBLIC VORKS D.P.W. - ADMINISTRATION AND OPERATIONS - includes Street HainL., Refuse Col., Tree. Pks. & Grnds, Pub. Bldgs. (Salaries & Expenses) SALARIES 575§,678.00 $760,685.00 $725,922.00 EXPENSES $ 1,052,900.00 $1,099,156.00 51,080,434.00 OUT OF STATE TRAVEL $0.00 $0.00 $0.00 $725,922.00 51,080,434.00 50.00 D. P. W. - WATER DEPAR11'IENT SALARIES 5264,400.00 EXPENSES $452,700.00 OUT OF STATE TRAVEL 50.00 $271,360.00 5271,360.00 5271,360.00 5434,764.00 53gl,000.00 5391,000.00 50.00 50.00 50.00 D. P.W.- SE~ERDEPARTHENT SALARIES $120,515.00 EXPENSES 516,600.00 5117,300.00 $145,200.00 5145,200.00 530,600.00 $80,100.00 $80,100.00 D. P. W. - aR. LAW. SANITARY DISTRICT ASSESSHENT 5851,000.00 5851,000.00 5923,236.00 5923,236.00 D, P.W.- SNOW REI'IOVAL SALARIES 530,000.00 t30,000.00 530,000.00 530,000.00 EXPENSES $94,200.00 594,200.00 $g4,200.00 $94~00.00 16 DEPARTHENT FY 992 FY 993 FY '93 8UDOET DEPARTHENT 8D OF SELECTHEN REOUESTS RECOHMENDATIONS FY 93 ADVISORY BOARD RECOMMENDATIONS PUBLIC WORKS (con'L) TOTAL - PUBLIC WORKS SALARIES $1,173,593.00 $1,179,345.00 $1,172,482.00 $1,172,482.00 EXPENSES $2,467,400.00 $2,509,720.00 $2,568,970.00 $2,568,970.00 OUT OF STATE TRAVEL $0.00 $.0.00 $0.00 $0.00 $3,640,993.00 $3,689,065.00 $3,741,452.00 $3,741,452.00 PLANNING AND COMMUNITY DEVELOPMENT PLANNING DEPARTHENT - Includes Con. Comm, & Bd of' Appeals (Salaries & Expenses) SALARIES $166,684,00 $162,904,08 EXPENSES $9,673.00 $10,475.00 OUT OF STATE TRAVEL $0,00 t0.08 $158,906.00 $9,075.00 $o.oo $158,906.00 $9,075.00 $o,oo BUILDING DEPARTMENT - includes Sealer of Weights/Heasures & Animal Inspect.. (Salaries & Expenses) SALARIES $117,940.32 $119,078.32 $127,635.00 EXPENSES $5,650.00 $4,512.00 $5,012.00 $127,635.00 $5,012.00 INDUSTRIAL DEVELOPMENT COMMISSION EXPENSES $1,500.00 $1,500.00 $1,500.00 $1,500.00 TOTAL - PLANNING & COMM. DEVEL. SALARIES $284,624.32 $281,982.40 $286,541.00 EXPENSES $16~23.00 S16,487.00 $15,587.00 OUTOFSTATETRAVEL $0.00 $0.00 $0.00 $301,447.32 $298,469.40 $302,128.00 $286,541.00 $15,587.00 $o.oo $302,128.00 HUMAN SERVICES HEALTH DEPAR1TIENT SALARIES $59,216.00 $60,782.86 $62,163.00 EXPENSES $2g,go0.o0 $44,075.00 $36,575.00 $62,163.00 $~6,575.00 COUNCIL ON A61N6 SALARIES $69,393.00 $69,880.60 $79,141.00 EXPENSES $12,596.00 $12,108.00 $12,108.00 $79,141~0 $12,108.00 YOUTH SERVICES SALARIES $46,000.00 $49,529.14 $47,260.00 $47,260.00 EXPENSES $9,860.00 $7,591.00 $9, 100.00 $9, 100.00 17 FY =d2 DEPARTHENT BUDGET FY DEPARTHENT REQUESTS FY 93 BD OF SELECTHEN RECOHHENDATiONS FY 93 ADVISORY 80ARD I~£COHMENDATIONS HUMAN SERVICES (con't) VETERANS SERVICES - includes Graves Regisb'afion (Salaries & Expenses) SALARIES $400.00 EXPENSES $12,350.00 COMMUNITY CENTER SALARIES $2,285.00 EXPENSES $3,950.00 STEVENS MEMORIAL LIBRARY SALARIES $212,048.00 EXPENSES $90,484,00 $400.00 $27,550.00 $2,285.00 $3,950.00 $219,345.00 $83,187.00 $400.00 $27,550.00 $0.00 So.oo $213,345.00 $89,187.00 $400.00 $27,550.00 $0.00 $0.oo $213,345.00 $89,187.00 RECREATION SALARIES $15,000.00 $15,000.00 $15,000.00 $15,000.00 EXPENSES $6,000.00 $6.000.00 $6,000.00 $6.000.00 $600,00 $600.00 HISTORICAL COMMISSION EXPENSES $600.00 $600,00 TOTAL - HUMAN SERVICES SALARIES $404,342.00 $417,222.60 S417,309.00 $417,309.00 EXPENSES $165,740.00 S185,061.00 $181,120.00 $181,120.00 $570~082.00 $602,283.60 ~598,429.00 $598,429.00 SUMMARY SALARIES $16,275,725.92 $17,159,330.40 $16,672,101.00 $17,100,601~0 EXPENSES $13,383,725.08 $13,556,338.97 $12,862,989.00 $12,924,989.00 OUTOFSTATETRAVEL $0.00 $0.00 $0.00 $0.00 GRAND TOTAL $29,659,451.00 .... $$0,715,669 37 $29,535,090.00 $$0,025,590.00 18 ARTICTm 14. GENERAL APPROPRIATIONARTICT~ FOR FISCAL YEAR 1993. Advisory Board Motion MOVE that the Town vote to accept the recommendations of the Advisory Board as presented in the warrant under the column titled "FY '93 Advisory Board Recommends" to a total of $30,025,590.00; of which $428,500.00 of School Department- Salaries and $62,000.00 of School Department - Expenses shall be contingent upon the approval of a general override of Proposition 2 1/2, so-called. Board of Selectmen - Amendmen~ MOVE to amend the Advisory Board's FY 93 budgetary motion as follows: me Reduce the School Department Salaries appropriation by $ 71,000; for a new total of $11,118,290. Reduce the School Department Expenses appropriation by $ 19,500; for a new total of $ 3,091,992. Increase Library Expenses by $ 3,000; for a new total of $ 92,187. 4. Increase Police Department Salaries (Dispatch) by $ 47,000; for a new total of $ 1,546,885. Se Increase Police Department Expenses $ 10,000; for a new total of $ 184,471. (Dispatch) -by ® Increase Youth Services Expenses by $ 5,000; for a new total of $ 14,100. Increase Youth Services Salaries by $ 10,000; for a new total of $ 57,260. Increase DPW Administration and Operation Salaries- (Stevens Pond Salaries) by $ 10,000; for a new total of $ 735,922. Increase Recreation Department Expenses by $ 10,000; for a new total of $ 16,000. 10. Increase Council on Aging - Salaries by $ 5,000; for a new total of $ 84,141. 11. Increase DPW Administration and Operations-Expenses (Recycle) by $ 110,000; for a new total of $ 1,190,434. Resulting in an amended total FY 93 Budgetary Appropriation of $30,145,090 of which $88,000 of School Department salaries, $40,000 of School Department Expenses, and $110,000 of Refuse Collection Expenses shall be contingent upon the approval of a general override of Proposition 2 1/2 so called. ARTICLE 15. STATE AID TO EDUCATION. To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as designated state aid to education; or take any other action relative thereto. Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as state aid designated for education. School Committee Motion MOVE to take NO ACTION on the article. ARTICLE 16. RENTAL AGREEMENT. To see if the Town will vote to authorize the School Committee to enter into a rental agreement with the First Calvary Baptist Church to lease additional classroom space to supplement capacity at the Atkinson School for a period not to exceed five (5) years; or take any other action relative thereto. School Committee~/~/ _ Board of Selectmen Recommendation: Favorable~ction. Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 17. TRANSFER OF ENCUMBERED SALARY FUNDS. To see if the Town will vote to transfer the School Department's FY 1993 salary account $ 80,590.00 encumbered from FY 1991 and FY 1992 salary accounts. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion /"~~ ~ MOVE the Town vote to transfer the School Department's FY 1993 salary account $80,590.00 encumbered from FY 1991 and FY 1992 salary accounts. ARTICLE 18. SCHOOL BUS TRANSPORTATION. To see if the Town will vote to raise and appropriate (borrow or transfer from available funds) the sum of $ 206,502.00, to be expended under the direction of the School Committee, to bus to and from school students in grades 7-12 who live 2 miles or more from school and students in grades 1-6 who live 1 1/2 to 2 miles from school, provided that said funds be subject to a successful Prop. 2 1/2 general override election; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town will vote to raise and appropriate the sum of $ 206,502.00, to be expended under the direction of the School Committee, to bus to and from school students in grades 7-12 who live 2 miles or more from school and students in grades 1-6 who live 1 1/2 to 2 miles from school, provided that said funds be contingent upon the approval of a general override of Proposition 2 1/2, so-called. ARTICLE 19. WATER TREATMENT PLANT - GRANUI~%R ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $100,000 as an addition to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town vote to transfer the sum of $47,000 from the Stabilization Fund and to raise and appropriate the sum of $ 3,000 for a total of $ 50,000 to provide for the periodic GAC replacement for the Water Treatment Plant; such expenditures to be made only with the approval of the Town Manager. Two-thirds vote required. ARTICLE 19. WATER TREATMENT PLANT - GRANULAR ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $100,000 as an addition to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town vote to raise and appropriate $100,000 to provide for the periodic GAC replacement for the Water Treatment plant; such expenditures to be made only with the approval of the Town Manager. Board of Selectmen - Amendment MOVE that the Town vote to amend the motion to decrease the amount appropriated from $100,000 to $50,000. ARTICLE 20. NESWC REFUNDING ARTICLE. To see if the Town will vote to authorize the Selectmen to take such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource recovery facility referred to in the Service Agreement between the Town and Massachusetts Refusetech, Inc. including without limitation the substitution of Wheelabrator Technologies Inc. for Allied-Signal Inc. as the guarantor of performance under the Service Agreement and the execution and delivery of such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Board of Selectmen shall determine necessary and in the best interests of the Town to effect such refunding; or act in any other manner in relation thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town vote that the Selectmen are authorized to take such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource recovery facility referred to in the Service Agreement between the Town and Massachusetts Refusetech, Inc., including without limitation the substitution of Wheelabrator Technologies Inc, for Allied-Signal Inc. as the guarantor of performance under the Service Agreement and the execution and delivery of such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Selectmen shall determine necessary and in the best interest of the Town to effect such refunding. ARTICF~ 21. PURCHASE OF PUMP STATION FROM ANGUS REALTY. Public Sewer and Lift Station Acquisition. To see if the Town will vote to raise and appropriate the sum of $ 467,500.00 to be expended under the direction of the Board of Selectmen for the purpose of purchasing a private sewer and lift station constructed by Angus Realty and to acquire by fee and/or easement an interest in the real estate in the vicinity of Great Pond Road and Osgood Street on which the sewer pump station is located as well as all equipment and the building containing the pump station; and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $ 467,500.00 under M.G.L. Chapter 44; Section 7 for said purpose. And to meet this appropriation a special betterment assessment under M.G.L. Chapter 80 and 83 shall be made upon the property benefited by such sewer and pump station acquisition. Board of Selectmen Board of Selectmen Recommendation: Favorable Action, provided that the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified by a firm of Certified Public Accountants and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Advisory Board Recommendation: Favorable Action, provided that the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified to by a firm of Certified Public Accountants, and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Planning Board Recommendation: To be made at Town Meeting. Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $467,500.00 to be expended under the direction of the Board of Selectmen for the purpose of purchasing to acquire by fee and/or easement an interest in the real estate in the vicinity of Great Pond Road and Osgood Street on which the sewer pump station is located as well as all equipment and the building containing the pump station; and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $467,500.00 under M.G.L. Chapter 44 as amended, for said purpose; and that the Selectmen are authorized to petition the General Court for an act to authorize borrowing for this project, if necessary. And to meet this appropriation a special betterment assessment under M.G.L. Chapter 80 and 83 shall be made upon the property benefited by such sewer and pump station acquisition. Furthermore, the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified to by a firm of Certified Public Accountants, and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. ARTICLE 22. M.G.L. CHAPTER 40, SECTION 57. To see if the Town will vote to adopt Section 57 of Chapter 40 of the Mass. General Laws which allows any city or town to deny or suspend any local license or permit, including renewals, for any person or business who has failed to pay municipal taxes or charges. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 23. AUTHORIZATION OF M.G.L. CHAPTER 90 - HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 360,578. for M.G.L. 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 $ 360,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory. Board Motion MOVE the Town vote to appropriate $360,578 for road repairs and that to meet this appropriation, the Treasurer, with the approval of the Selectmen, be authorized to issue Highway Reimbursement Notes of the Town under M.G.L. Chapter 44, Section 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources. 8 16 ? 24 29 9 51 12 14 24? ARTICLE 24. AMEND AUTHORIZATION TO BORROW - CALZETTA SITE LAND PURCHASE. To see if the Town will vote to reduce the authorization to borrow, as voted under Article #4 of the March 30, 1989, Special Town Meeting; said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $73,000 so that the total authorization as amended is $952,000, or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to reduce the authorization to borrow, as voted under Article #4 of the March 30, 1989, Special Town Meeting; said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $73,000 so that the total authorization as amended is $952,000. 1 42~00+ 14-00+ 22~00+ 9~C0+ 15'C0+ 27~00+ 231 2.00+ 1 '00+ 2'60+ 1 · 0 0 + I ,~ C, 0 + O~,OC+ 1 ~ 0 0 + 10.00+ 11 27.00+ 18c00+ i 6°00+ 1 1 18~g0+ 5'00+ 3'00+ 8~0.3+ 1 3'C0+ ARTICLE 25. WETLAND FILING FEES. To see if the Town will vote to appropriate $ from the Wetland Filing Fees Account for use by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. Conservation Commission Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $10,827.37 from the Wetlands Filing Fees Account to be used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. ARTICTm 26. ACCEPTANCE OF R~O MONEY. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 93 in accordance with M.G.L. Chapter 70A, as inserted by St. 1985, C. 188; or to take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article as printed in the warrant. / ARTICr~ 27. ACCEPTANCE OF RR.O MONEY. To see if the Town will vote to approve the acceptance by the Greater Lawrence Regional Vocational Technical High School District of an Equal Education Opportunity Grant pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 28. RESERVE FUND. To see if the Town will vote to raise and appropriate a sum of money to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: amount of $75,000. Favorable Action, in the Advisory Board Recommendation: of $75,000. Favorable Action, in the amount Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $75,000 for the purpose of funding the Reserve Fund. ARTICLE 29. SCHOOL COMMITTEE MEMBERSHIP ON THE SCHOOL BUILDING COMMITTEE. To see if the Town will vote to authorize the School Committee, notwithstanding the provisions of Article #34 of the 1945 Annual Town Meeting, to appoint three members to the School Building Committee annually, at least one appointee to be a member of the School Committee and the two remaining appointees to be either members of the School Committee or other citizens of the Town. Ail current appointments to the School Building Committee will remain in effect until the expiration of their terms of office. Ail new appointments will be made in accordance with this section. The four remaining appointments made by the Moderator will not change, or take any other action related thereto. School Committee School Committee Motion MOVE to adopt the article as printed in the warrant. ARTICT~ 30. VOTE THE TOWN ACCEPT THE PROVISIONS OF M.G.L. CH. 30B. To see if the Town will vote to adopt M.G.L. Ch. 30B which define procurement procedures for municipalities or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town take NO ACTION on this article. ARTIC?~ 31. ADOPTION OF PERSONNEL BY-LAW. To see if the Town will vote to repeal its "Personnel By-Law" as originally adopted at the Annual Town Meeting of March 14, 1964, Article #10, (and since amended from time to time) and to enact and substitute in its place the "Personnel By-Law" as proposed and presented by the Personnel By-Law Committee. Full text of the proposed by-law will be available at Town Hall, Stevens Memorial Library, with the posting of the Warrant in each voting precinct, and at Town Meeting. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Board of Selectmen Motion MOVE that the Town vote to adopt the "Personnel By-Law" as proposed and presented by the Personnel By-Law Committee. ARTICrm 32. TOWN MEETING EXPENDITURES REQUIRING MORE THAN $1 MILLION FOR ANY CONSTRUCTION PROJECT. To see if the Town will vote to require any Article which is passed at a Town Meeting requiring an expenditure of more than $ 1,000,000.00 (One Million Dollars) for any construction project be placed on a ballot to be voted on by the Town Voters of North Andover at the next regular election or on a special election if necessary. Action may include any necessary amendments to the Town Charter or by-laws. George F. Henderson and Others Board of Selectmen Recom-endation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICLE 33. TOWN MEETINGS. To see if the Town will vote to return Town Meetings to Saturday in place of evening meetings including any necessary amendments to the Town Charter or By- Laws. George F. Henderson and Others Board of Selectmen Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICTm 34. REVISIONS TO BYLAW. To see if the Town will vote to delete Chapter 9 from Part 1, Division i of the Codified Bylaws of the Town of North Andover. Conservation Commission Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Conservation Commission Motion ARTICLE 35. FIRE DE~EC~ION AND ALAR~ SYSTEMS. To see if the Town will vote to amend the Town By-Law striking from Article #1 Fire Detection and Alarm Systems Section 69-1 through 69-7 and to insert the following language listed as Sections 69-1 through 69-7.4. SECTION 69-1 PURPOSE AND SCOPE This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire and medical aid alarm systems shall include systems connected to the Fire Department by the municipal fire alarm circuit, direct wire, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. SECTION 69-2 ALARM INSTALLATION AND PERMIT REQUIREMENTS As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing alarm systems must obtain permit within three (3) months of the effective date of this by-law. The Fire Chief shall prescribe an application form for implementation of this by-law. The fee for this alarm permit shall be ten dollars ($10.00). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15.00). Changes in the permit or inspection fees may be made with sixty days notice to the general public and with the approval of the Board of Selectmen. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. Ce Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emergency Fire Department telephone number designated for that purpose. de Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire Chief for this service. ee The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alarm receiving equipment. fe The Fire Department will make every effort to insure the proper operation of its alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. SECTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148 Section 27A and Section 28. SECTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT Ail alarm systems installed after the effective date of this by-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. Ail existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this by-law. This section shall not apply to audible sprinkler alarm bells either mechanical or electrical which are utilized to indicate a water flow. SECTION 69-5 ALARM SYSTEM REGULATIONS AND MAINTENANCE ae Each alarm user shall submit to the Fire Chief the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. be Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of M.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69 5(a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. Ail premises shall have their legal street number clearly visible as per existing town by-law prior to connection of any alarm to the Fire Department. de Ail premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. SECTION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his deSignee. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. SECTION 69-7 FALSE ALARM ASSESSMENT Definition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. ae Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: Fire Alarm & Emergency Medical Systems FALSE ALARM ASSESSMENT 1 THROUGH 3 4 THROUGH 5 6 OR MORE NONE $200.00 EACH $50O.00 EACH The Fire Chief shall have the authority to waive any assessment if in his judgement extenuating circumstances justify such a waiver. After a third false alarm within twelve months, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the current twelve (12) month period, from the date of the first false alarm, will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessments. It is the intent of this section to have the systems maintained on a regular basis. be False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. False alarms received during the first thirty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. Determination that a false alarm has been transmitted will be the judgement of the Fire Chief or his duly appointed duty officer. Se Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. SECTION 69-7.1 CONNECTION FEES Each alarm user shall on or before October 1st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.00/alarm box $ 10.00/signal NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. EXEMPTIONS Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 SECTION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more that $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. be Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. Failure to comply with the requirements set forth in these regulations. e® Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. f® Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. ge Causing, through negligence, a condition which interferes with the operation of, or causes damage to the municipal fire alarm system. he Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification of the residents of a dwelling shall be installed and/or maintained in a usable state. Section 69-7.3 APPEALS Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the appellant is still not satisfied, a further appeal may be made to the Board of Selectmen whose ruling shall be final and binding. Section 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. Fire Chief William V. IR)lan Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt the article as printed in the warrant. A~TICLE 36. AMEND THE CODE OF THE TOWN OF NORTH ANDOVER. TO see if the Town will vote to amend Chapter 77, Section 77-1 of the Code of North Andover to read as follows: Section 77-1 Buildinq Permit Fees, Exclusive of Mechanical and Utility Fees ae The estimated cost of new construction shall be based on a cost factor of sixty five ($65.00) dollars per square foot. Be Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. Ce Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. Copies of actual contract price shall be submitted with the Building Permit Application. E. Building permit fees shall not be required for municipally owned building or structures. Fees will be paid on mechanical and utility work only. The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt the article as printed in the warrant. ARTIC?m 37. AMEND GENERAL BYLAWS - SECTION 117-2. To see if the Town will vote to amend Chapter 117-2 of the General By- laws of the Town, by deleting the existing Section 117-2 in its entirety and substituting the following: Gasoline stations may be operated as either full- service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline is generally pumped by the customer holing the nozzle; or a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others Board of Selectmen Recommendation: Unfavorable Action. Motion Petitioner will move the article. ARTICrm 38. OPPOSITION OF HOTJ~NGS BILL. To see if the Town will vote to direct the Board of Selectmen to communicate the vote of Town Meeting to the Town's representatives in Congress, the entire Massachusetts delegation and the President. That the Town of North Andover does not support legislation in Congress, known as the "Hollings Bill", that threatens the security of jobs in the Merrimack Valley and the technology leadership of the United States of America in the areas of telecommunications, transmission equipment and services. Mark S. DiSalvo and Others Motion Petitioner will move the article. ARTICT~ 39. RED~CTION OF MILITARY EXPENDITURES. To see if the Town will vote to instruct our Representative Nicholas Mavroules and our Senators, Edward M. Kennedy and John F. Kerry, to take all suitable measures: To enact reductions in military expenditures of at least fifty percent (50%) by the 1996 budget year. To provide assistance to communities and employers to convert from military to peace-time production; and To reallocate funds from military uses to meet domestic needs such as health care, education and environmental protection, and to reduce the federal deficit. Lois P. Fisher and Others Motion Petitioner will move the article· ARTICT~ 40. RET~ASE OF EASEMENT - BRIDLE PATH. To see if the Town will vote to release its right, title and interest in a twenty (20) foot drainage easement over and across lots one (1) and thirty four (34), Bridle Path Road, North Andover, being N/F of Mr. James and Margaret Walker. Being more specifically shown on a plan entitled "Definitive Plan of Land of Great Pond Woodland, located in North Andover, Massachusetts" Dated August 23, 1976, Frank C. Gelinas and Assoc., Engineers, which plan is recorded with the Essex North Registry of Deeds as Plan #7548. William A. CFr, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, upon securing correct easements. Board of Selectm~n Motion MOVE that the Town vote to relinquish all right, title and interest and authorize the Board of Selectmen to record a release of such interest in an easement on two lots (which lots are defined as #1 and #34 in a plan entitled "Definitive Plan of Land of Great Pond Woodland, located in North Andover, Massachusetts" dated August 23, 1976, Frank C. Gelinas and Associates, Engineers, which plan is recorded with Essex North District Registry of Deeds as Plan #7548). Said easement runs (at an angle of southeast 73 degrees, 56 minutes, 44 seconds) from the Bridle Path side of Lot #1 to where Lots #1 and 34 join on their boundary with Lot #8 in said Plan now or formerly owned by Santo and Anne Messina. ARTICLE 41. ROADWAY ACCEPTANCE - DUFTON COURT. To see if the Town will vote to accept Dufton Court as a Public Way, as shown on the following plans: Plan entitled Plan of Land owned by the Andover Savings Bank, in North Andover, Massachusetts, dated July 1936, prepared by D.W. Clark C.E., and recorded with the North Essex Registry of Deeds on 9/24/36 as plan # 998. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planning Board Motion ARTICLE 42. ROADWAY ACCEPTANCE - EVERGREEN DRIVE. To see if the Town will vote to accept Evergreen Drive as a Public Way, as shown on the following plans: Plan entitled Plan of Chestnut Acres, North Andover, Massachusetts prepared by Frank C. Gelinas, 56 Gray Street, North Andover, Massachusetts, dated May 16, 1967 and recorded with the North Essex Registry of Deeds on October 2, 1967 as Plan #5738. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICLE 43. ROADWAY ACCEI~fANCE - SUTTON PLACE. To see if the Town will vote to accept Sutton Place as a Public Way, as shown on the following plans: Plan entitled Plan and profile of a portion of Sutton Hill, North Andover, Massachusetts, dated November 1966, prepared by Charles E. Cyr, C.E., Lawrence, Massachusetts, and recorded with the North Essex Registry of Deeds on August 4, 1967 as plan #5709. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICT~ 44. ROADWAY ACCEPTANCE - BERKELEY ROAD. To see if the Town will vote to accept Berkeley Street as a Public Way, as shown on the following plans: Plan entitled "Plan of Trafalgar Estates, located in North Andover Massachusetts, owned by Thomas J. Flatley", dated October 27, 1976, prepared by Frank C. Gelinas and recorded in the North Essex Registry of Deeds on March 3, 1978, as Plan #7778. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICTm 45. ROADWAY ACCEPTANCE - SPRUCEANDHEMLOCK STREETS. To see if the Town will vote to accept Spruce and Hemlock Streets as Public Ways, as shown on the following plans: Plan entitled "Plan and Profile of a portion of Spruce and Hemlock Streets, North Andover, Massachusetts", dated November 1948, and prepared by Fred W. Stowers R.S. Methuen, Massachusetts and recorded with the North Essex Registry of Deeds on December 22, 1948 as Plan #1977. ~r ~ //~~ ~A- Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICT~ 46. ROADWAY ACCEPTANCE - MILL ROAD To see if the Town will vote to accept Mill Street as a Public Way, as shown on the following plans: Plan entitled "Estate of Harriet Fisher, North Andover, Mass." Prepared by Horace Hale Smith, Dated Oct 1922 and recorded with the North Essex Registry of Deeds on Nov. 21, 1922 as plan # 485; Plan entitled "Plan of Land in North Andover, Mass." Dated Oct 16, 1985, Prepared by Hayes Engineering Inc., Wakefield Mass., Recorded with the N.E.R.D. on 12/6/85 as plan # 10115; Plan entitled "Plan of Land in North Andover, Mass. as surveyed for Helen M. Kellner" Dated 1/6/86, Prepared by Robert G. Goodwin, Andover Mass., Recorded with the N.E.R.D. on 8/8/86 as plan # 10390; Plan entitled "Plan of Land in North Andover, Mass., as surveyed for Helen M. Kellner" Dated April 12, 1982, Prepared by Robert G. Goodwin, Andover, Mass., recorded with the N.E.R.D. on 10/8/82 as plan # 8988; Plan entitled "Plan of Land in North Andover, Mass., Owned by Helen M. Kellner". Dated April 17, 1981, Prepared by Robert G. Goodwin, Andover, Mass., and Recorded with the N.E.R.D. on April 15, 1981 as plan # 8608; Plan entitled "Plan of Land in North Andover, Mass., owned by Sydney C. Rea, Dated Feb. 15, 1956, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., Recorded with the N.E.R.D. on May 9, 1956 as Plan # 3250; Plan entitled "Plan of Land in North Andover, Mass., for Yankee Technology Corp., Dated 8/13/83, prepared by Plaistow Consultants, and recorded with the N.E.R.D. on Oct. 13, 1983, as plan # 9273; Plan entitled "Plan of Starrett Acres, North Andover, Mass., owned by George H. Farr & Wanda H. Farr, dated Nov. 2, 1963, prepared by Harry D. Berry and recorded on 2/14/64 as plan # 4945; Plan entitled "Plan of Land in North Andover, Mass., owned by Kathryn A. Starrett, Dated 10/16/59, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., recorded with the N.E.R.D on Nov. 2, 1959 as plan # 3965. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 46. Planning Board Motion ARTICLE 47. ROADWAY ACCEPTANCE - C~RIS~WAY. To see if the Town will vote to accept Christian Way from Bridges Lane to its end, a street constructed by developers under the requirements of the Subdivision Control Law and as laid out according to plans duly recorded with the North Essex Registry of Deeds as Plan #10469 on file with the Town Clerk, including the taking or acceptance of easements as shown on said plans; or take any other action relative thereto. The taking or acceptance to be from Station 0.00 on said Plan Westerly to Station 3 & 61 and Easterly to Station 11 & 28. Nancy B. Norbedo and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, with resolution of any Department of Public Works' issues. Planning Board Motion ARTICLE 48. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if the Town will vote to accept Tiffany Lane as a public way. Said Tiffany Lane is set out in a definitive subdivision plan approved by the North Andover Planning Board of June 2, 1988, and recorded at the Essex North Registry of Deeds as Plan #11162. Peter G. Shaheen and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Planning Board Motion ARTICT~ 49. ROADWAY ACCEPTANCE - CRANBERRY LANE. To see if the Town will vote to accept the roadway as a public way, namely Cranberry Lane from Station 0-00 to Station 7-63.15 as shown on a plan entitled "Cranberry Lane Subdivision Plan of Land in North Andover, Massachusetts, for Flintlock Realty Trust, P.O. Box 531, North Andover, Massachusetts", prepared by DiPrete, Marchionda & Assoc., Inc., 185 New Boston Street, Woburn, Mass., dated February, 1986 with revisions through September 19, 1986 and recorded in Essex North Registry of Deeds as Plan No. 10461. David A. Kindred and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICLR 50. REZONE PARCEL OF LAND AT 846 CHESTNUT STREET. To see if the Town will vote to rezone 846 Chestnut Street, map 00107C, parcel 000019 recorded in the Northern Essex Registry of Deeds in Book 3149, Page 254, dated 8-20-90 from Industrial One (1) to Residential Two (2). Louise A. Digrandi, Kathleen A. Wassberg and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Motion Petitioner will move the article. ARTICTm 51. REZONING PARCEL OF LAND ON CHICKERING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shown as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded with the Essex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust; deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Motion ~' Petitioner will move the article. ARTICLE 52. MODIFY ZONING BYLAW, SECTION 4.125. To see if the Town will vote to modify the Zoning Bylaw, Sections 4.125 Residential Six, (R-6), Buildings and Uses permitted, as follows: A. Delete usage 4.125(2), "Two family structures,,. residential Delete usage 4.125(3), "Multi-family structures, not exceeding 7 dwelling structure." residential units per Renumber usages 4.125(4) through 4.125(21) as 4.125(2) through 4. 125 (19) respectively. Following 4.125-19, as renumbered, the relating to uses allowed by Special Permit amended so as to read as follows: paragraph shall be "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" Add a paragraph 5 to uses allowed by Special Permit to read as follows: Multi-family residential structures, not to exceed 7 dwelling units per structure. Ail multi-family structures shall conform to the following dimensional criteria: Lot area min. sq. ft: 130,680 Street frontage min. ft: 150(13) Side set back min. (ft) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max. (ft) 35 Front set back min. 25 Rear set back min. 30 Lot coverage max. 20% Herbert P. Redman and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. 1 · C n 0 + O ,, 3 (i :3 + 4 · S'O :3 + 5.000+ 42,900~ 0 '* 2,300+ 9o060~ 2,OCO+ 11.0C0+ g~ooo+ 11.030+ 16.005+ 19.060+ 4°000+ 5°006+ 9,000+ 100.000, 2,030+ 12,COO+ 2.000+ 14,000+ 4 * C 0 0 + 6~000+ 5-0C9+ 59.000, 100.000+ 5g.003+ 159.00C6 159-000x 105-894~ ARTICLE 53. MODIFY ZONING BYLAW, TABLES 1 & 2. To see if the Town will vote to modify Tables 1 & 2 of the Zoning Bylaw with respect to the Residential Six Zoning District, as follows: TABLE 1, SUMMARY OF USE REGULATIONS Amend the Residential Six (R-6) Column as follows: Use Two Family Dwelling Multi Family Dwellings Existing Proposed Yes No* Yes* SP* TABTm 2, SUMMARY OF DIMENSION~ REQUIREMENTS Requirement Lot Area Min. Sq. Ft. Height Max. (ft) Street Frontage Min. ft Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor Area Ratio Max. Lot Coverage Max. Dwelling Unit Density Existinq Proposed 130,680 5,000 35 35 150 (13) 75 (13) 25 2O 15 12 30 25 0.25:1(15) 0.25:1(15) 20% 25% 9/acre(12) N/A Herbert P. Redman and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. 0o}% 2°000+ 7.009+ 17.000+ 6°000+ 51.000+ 10-000+ 7o000+ 111,x 0.56: 75.2605 111-060+ 51-006+ 172.000~ 1'72,000x 0o66: '113°520~ ARTICLE 54. AMENDMENT OF ZONING BYLAWS. To see if the Town will vote to amend its Zoning Bylaws by changing the zoning map of the Town from R-2 to I-1 for the hereinafter described parcel of land. That portion of Parcel 75 on the current North Andover Assessors's Map 25 which is Southerly of the present zoning line. Said parcel in its entirety is shown to contain 26.04 acres. The portion of the Parcel that is presently zoned R-2 contains approximately 8 acres. The portion that is Southerly of the present zoning line is generally bounded and described according to said Assessor's Map as follows: EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY by land of ARC Corporation and land of Alison J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; and by other land of Business Park Trust and land of WOR Associates Limited Partnership Stephen E. Foster and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICLE 55. AMEND ZONING BY-LAW. To see if the Town will vote to amend the North Andover Zoning By-Law and map to change from the existing zoning designation Business-1 to Business-2 the following parcel of land situated at Saville Street, North Andover, bounded and described as set forth in exhibit to be attached hereto. EXHIBIT A That certain parcel of land situated in North Andover in the County of Essex and said Commonwealth, bounded and described as follows: Northwesterly by Saville Street one hundred seventy-six and 38/100 (176.38) feet; Northeasterly by lot six (6) as shown on plan hereinafter mentioned one hundred fifty-two and 8/10 (152.8) feet; Southeasterly by land now or formerly of Calvin C. Rea sixty-four and 42/100 (64.42) feet, and Southerly in a broken line by land now or formerly of Harry W. Clark two hundred eighteen and 1/10 (218.10) feet. Ail of said boundaries are determined by the Court to be located as shown on Plan No. 3263B, drawn by Ernest W. Branch, Surveyor, dated August 20, 1913, as modified and approved by the Court, filed in the land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 385, Book 3, Page 513, and being designated as lots one (1) to five (5) inclusive thereon. Also lots six (6) to eleven (11) inclusive as shown on above-mentioned plan bounded and described as follows: Northwesterly by Saville Street one hundred twenty (120) feet; Westerly by Saville Street sixty (60) feet; Northerly by lot twelve (12) on said plan one hundred (100) feet, and Southeasterly by land now or formerly of Calvin C. Rea two hundred fifty-nine and 01/100 (259.01) feet. Douglas E. Small and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICT~ 56. AMENDMENT OF TBE ZONING BYLAW. To see if the Town will vote to amend Section 4.133 Paragraph 6 of the North Andover Zoning Bylaw by adding the following wording: "Any dumping of ash or other hazardous material generated by such facility shall be subject to a Special Permit." Manuel F. Arista and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action with amendment, Special Permit Granting Authority to be the Planning Board. Motion Petitioner will move the article. / ARTICLE 57. AMENDMENT OF ZONING BYLAW RELATIVE TO THE REGULATION OF SIGNS AND OUTDOOR LIGHTING. To see if the Town will vote to amend the Zoning Bylaw by removing the following paragraph as it may relate to the regulation of Signs and Outdoor Lighting: Paragraph 6.7.6 No political sign shall be maintained or erected in the Town. Ail associated text shall be punctuated and renumbered appropriately. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motio- ARTICrm 58. RESTRICT TRAVEL OF SALEM STREET, APPLR~N STREET AND DArm STREET. To see if the Town will vote to restrict travel on Salem Street, Appleton Street, Dale Street and Boxford Street to vehicles weighing less than 2 1/2 tons and post those streets with signs indicating that restriction is in effect. Explanation: As a result of restricting travel on Great Pond Road and others, through traffic has been funnelled to Salem Street, Appleton Street, Dale Street, and Boxford Street. This article would direct heavy trucking to the State Highways Route 125 and 133 where it belongs. Paul G. Dyer and Others Board of Selectmen Recommendation: To be made at Town Meeting. Petitioner will move the article. 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 17th day of April, Nineteen Hundred and Ninety-Two. NORTH ANDOVER BOARD OF SELECTMEN KENNETH C. CROUCH, Chairman MARTHAJ. LARSON, Clerk ERIC W. BAKERMAN, Member SEAN J. FOUNTAIN, Member DONALD B. STEWART, Member Attest ............................... Constable North Andover, Massachusetts DANIEL LONG: Town Clerk ATTEST: A True Copy ARTICLE 19. WATER TREATMENT PLANT - GRANULAR ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $100,000 as an addition to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town vote to transfer the sum of $47,000 from the Stabilization Fund and to raise and appropriate the sum of $ 30,000 for a total of $ 50,000 to provide for the periodic GAC replacement for the Water Treatment Plant; such expenditures to be made only with the approval of the Town Manager. Two-thirds vote required. A1LIT~ 8. YEAR 1993. CAPITAL IMPROVEMENTS PLAN APPROPILIATION FOR FISCAL Board of Selectmen - Amendment MOVE that the Town vote to amend the motion and to include Item 5 - Specialty Vehicle Needs - Police Department and appropriate $28,000 for said purpose, and that the total authorization to borrow be the sum of $2,659,950 under Chapter 44 of the General Laws. Fire Department Item 6. Fire Station Engine Exhaust Systems 45,000 Item 8. High Band Radio 130,000 School Department Item 10. Middle School Roof - Repair/Replacement 449,500 Item 12. Remove Asbestos - Middle School Boiler 80,000 Item 13. Franklin School Roof - Repair/Replace 66,000 Item 14. Handicap Access - Two Lavatories - Middle School Technology Equipment Atkinson, Kittredge, Thomson Floor Retiling - Extraordinary Repairs Item 15. Item 17. 15,000 63,760 25,740 Town Hall Item 19. Renovations/Addition Town Hall 125,000 Public Works Item 23. Public Works Equipment 148,000 Item 24. Water Main Laying and Relaying - FY '93 50,000 Item 25. Two Rubbish Trucks 150,000 Item 28. Bear Hill Storage Tanks Reconstructing and Repairs 460,000 Item 29. Reconstructing Sutton Hill Storage Tanks 130,000 Item 31. Sewer System Extension - Phase 2 GPR 450,000 and that Item 25 - Two Rubbish Trucks be acquired subject to the continuation of the existing trash collection program; that under Item 31 - Sewer System Extension - Phase 2 Great Pond Road, the Board of Selectmen are authorized to take any other action necessary to carry out this project and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,659,950 under Chapter 44 of the General Laws. VOTED TO ADOPT THE ~tRTICLE YES 84h L'O 36 ATI'EST: A ?me Copy Town Clerk Fire Department Item 6. Fire Station Engine Exhaust Systems 45,000 Item 8. High Band Radio 130,000 School Department Item 10. Middle School Roof - Repair/Replacement 449,500 Item 12. Remove Asbestos - Middle School Boiler 80,000 Item 13. Franklin School Roof - Repair/Replace 66,000 Item 14. Handicap Access - Two Lavatories - Middle School Technology Equipment Atkinson, Kittredge, Thomson Floor Retiling - Extraordinary Repairs Item 15. Item 17. 15,000 63,760 25,740 Town Hall Item 19. Renovations/Addition Town Hall 125,000 Public Works Item 23. Public Works Equipment 148,000 Item 24. Water Main Laying and Relaying - FY '93 50,000 Item 25. Two Rubbish Trucks 150,000 Item 28. Bear Hill Storage Tanks Reconstructing and Repairs 460,000 Item 29. Reconstructing Sutton Hill Storage Tanks 130,000 Item 31. Sewer System Extension - Phase 2 GPR 450,000 and that Item 25 - Two Rubbish Trucks be acquired subject to the continuation of the existing trash collection program; that under Item 31 - Sewer System Extension - Phase 2 Great Pond Road, the Board of Selectmen are authorized to take any other action necessary to carry out this project and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,659,950 under Chapter 44 of the General Laws. Fire Department Item 6. Fire Station Engine Exhaust Systems 45,000 Item 8. High Band Radio 130,000 School Department Item 10. Middle School Roof - Repair/Replacement 449,500 Item 12. Remove Asbestos - Middle School Boiler 80,000 Item 13. Franklin School Roof - Repair/Replace 66,000 Item 14. Handicap Access - Two Lavatories - Middle School Technology Equipment Atkinson, Kittredge, Thomson Floor Retiling - Extraordinary Repairs Item 15. Item 17. 15,000 63,760 25,740 Town Hall Item 19. Renovations/Addition Town Hall 125,000 Public Works Item 23. Public Works Equipment 148,000 Item 24. Water Main Laying and Relaying - FY '93 50,000 Item 25. Two Rubbish Trucks 150,000 Item 28. Bear Hill Storage Tanks Reconstructing and Repairs 460,000 Item 29. Reconstructing Sutton Hill Storage Tanks 130,000 Item 31. Sewer System Extension - Phase 2 GPR 450,000 and that Item 25 - Two Rubbish Trucks be acquired subject to the continuation of the existing trash collection program; that under Item 31 - Sewer System Extension - Phase 2 Great Pond Road, the Board of Selectmen are authorized to take any other action necessary to carry out this project and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,659,950 under Chapter 44 of the General Laws. KAREN H.P. NELSON Director BUILDING CONSERVATION PLANNING Town of NORTH ANDOVER DIVISION OF PLANNING & COMM~I~ DEYELOPME~t i7 12 ~,7 ~I~ '~l TO: FROM: DATE: SUBJECT: MEMORANDUM Executive Office of Communities & Development Department of Community Affairs Merrimack Valley Planning Commission Lawrence Planning Board Methuen Planning Board Haverhill Planning Board Andover Planning Board North Reading Planning Board Middleton Planning Board Boxford Planning Board Planning & Community Development March 26, 1992 Notice of Public Hearings for Annual Town Meeting, May 4, 1992 Pursuant to the requirements contained in M.G.L., Chapter 40A, Section 5, please find the attached legal notices of the Warrant Articles to be presented during the Annual Town Meeting, May 4, 1992. These articles pertain to the Town of North Andover Zoning Bylaw. If you have any questions regarding the proposed articles to the Zoning Bylaw, please contact the Planning Board Office at (508) 682-6483, ext. 24. attachment cc: Daniel Long, Town Clerk Public Works 20. Public Works Equipment 21~ Water Main Rehab. 22 23 24 26 30 31 Water Main Rehab. Engineering Sewer System Ext.- Phase 3 GPR Sewer System Improvements I/I Road Improvement Program Recycle Truck/Trucks Bonny Lane - Sewer Improvements 212,500 750,000 30,000 1,500,000 500,000 115,000 125,000 160,000 In the total amount of $ 4,393,130; in order to fund items 2, 4, 5, and 7 that the Town raise and appropriate the total amount of $ 98,380 and to provide the necessary appropriation for items 8, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 30, and 31 the Treasurer with the approval of the Board of Selectmen is authorized to borrow $ 4,294,750 under Chapter 44 of the Massachusetts General Laws. Form 1 (revised 1/91) Town: Date: Attorney General Scott Harshbarger One Ashburton Place, Room 2019 Boston, Massachusetts 02108 Attn: By-Laws Dear Attorney General Harshbarger: Pursuant to G.L.c. 40, § 32, I hereby request approval of the enclosed amendments to town by-laws. 1. Town Meeting (check only one): Annual Special Fall Annual 2. Date Town Meeting (TM) First Convened: 3. Date(s) of Adjourned Sessions: 4. Warrant articles (numbers) to be acted upon: (a) Zoninq: e (b) Historic District: (c) Genera%.: (d) Charter Amendment: Maps: warrant articles (numbers) with maps to be approved: e Town Counsel: Address: Phone: Town Clerk: Signature: Address: ( ) Phone: ( ) For~ 2 (revised 1/91) Town: Date TM Convened: FINAL BY-LAWS AS VOTED BY TOWN MEETING TWO certified copies of all of the articles to be acted upon are attached to this page (stapled, if not too bulky), showing al! of the following information for each article: 1. The date of final town meeting action on the article; 2. The complete final text of the article, with any floor amendments incorporated into the text; 3. The final vote of the town meeting, as follows: If a two-thirds vote is required, the final vote must be certified either as being unanimous or the actual vote count must be shown. The actual vote count must be given if the vote is not unanimous. Certifications such as "unanimous but one" or "unanimous but a few" do not suffice if the actual count is required. A two-thirds vote is required for zoning by-laws (G.L.c. 40A, § 5) and historic district by-laws (G.L.c. 40C, § 3). Other state statutes or town charters or by-laws may also require a counted vote. If a two-thirds vote is not required, the final vote may be certified as "a majority", ,,unanimous", or by the actual count. NOTE: It is preferable that each final by-law as voted by town meeting (with all of the information described above) be submitted on a separate pa~e, in case some articles are ready for approval or disapproval by the Attorney General before others. Form 3 (revised 1/91) Town: Date TM Convened: MAPS: ZONING AND/OR HISTORIC, DISTRICT, TWO certified copies of the zoning and/or historic district map(s) (preferably no larger than 24 inches by 36 inches) are attached to this page (stapled, if not too bulky) showing: ae the proposed changes in color; the article number to which each colored area refers. NOTE: A zoning map with a proper legend and the information described above may be used to show the boundaries of a historic district. Portions of Assessors' Maps are normally not sufficient for rezoning articles. If no maps are being submitted to the Attorney General for his approval, please do not include this form in the package mailed to the Attorney General. Form 4 (revised 1/91) Town: Date TM Convened: TOWN, MEETING CERTIFICATION 1. Quorum According to town charter or by-law, the quorum requirement for town meeting is registered voters. (Write "0" if town has no quorum requirement.) I hereby certify that a quorum was present at the town meeting, including any adjourned sessions thereof. Attest: Date: Town Clerk 2. Service of the warrant I hereby certify that: (a) the service of the town meeting warrant was in accordance with (1) town by-law or (2) a previous vote of the town or (3) a procedure previously accepted by the Attorney General; (b) notice of any adjournments of the town meeting was made in accordance with town by-law or previous town meeting vote. Attest: Date: 3. Attachments (a) the complete warrant is attached and it includes the opening of the warrant, the closing of the warrant, and the officer's return of service. (b) One certified copy of any amendments made on the floor of the town meeting before the final vote under each of the articles to be acted upon is ~ to this page, showing the following: the number of the warrant article to which the amendment(s) referred; 2. the full text of the amendment(s); the vote taken on the amendment(s) at the town meeting (e.g., "a majority", ,,unanimous", or the actual vote count). For~ 5 (revised 1/91) Town: Date TM Convened: EXISTING BY-LAWS BEING AMENDED One certified copy of the existing by-law being amended should be attached to this page (stapled, if not too bulky) if the substance of the proposed amendment is not readily understandable from the language in the article in the warrant. On each such existing by-law, please identify the number of the warrant article to which it relates. NOTES: 1. A copy of the existing by-law is usually needed by the Attorney General when reviewing minor technical changes in current by-laws, amendments to tables showing uses permitted in different zoning districts, or amendments which merely recodify or reorganize lengthy by-laws which have already been approved by the Attorney General but which involve little or no substantive changes. 2. It would be most helpful to the Attorney General's office if the clerk would mark the existing by-law being amended to show what sections are being amended and what sections are remaining unchanged. 3. If the by-laws being submitted to the Attorney General are readily understandable from the language in the warrant, please do not include this form in the package mailed to the Attorney General. Form 6 -(revised 1/91) Town: Date TM Convened: ZONING ARTICLES PROCEDURES 1. I hereby certify that the following persons were the members of the Town Planning Board at the time the zoning articles being acted upon were considered: Attest: Date: Town Clerk 2. For each zoning article, please state the date of the relevant Planning Board hearing and the date of the town meeting vote: Article No(s). Hearing Date Date of TM Vote 3. Did the Planning Board issue a written or oral report containing its recommendations on the zoning articles to the town meeting: Yes Oral Written (if written, please attach report to this page) No 4. Within the two years prior to the most recent town meeting, did the town meeting take unfavorable action on any of the zoning articles that the Attorney General is now being asked to review? Yes Article Nos.: No If yes, did the Planning Board recommend the adoption of those articles to this most recent town meeting? Yes No Form 7 (revised 1/91) Town: Date TM Convened: ZONING PROCEDURES ATTACHMENTS One certified CoDY of each of the following documents is stapled to this page (please check off): the notice(s) of the public hearing(s) held by the Planning Board (or other board) on the proposed zoning changes, showing (a) (b) (c) both dates of publication; the name of the newspaper of general circulation in the town in which the notice was published; the article number to which each item in the notice relates (this may be marked on the advertisement by the clerk, by hand). a certificate from the Planning Board (or other board) that notice of its hearing was posted in a conspicuous place in the town hall at least 14 days before the date of the hearing; a certificate from the Planning Board (or other board) that notice of its hearing was sent by mail, postage prepaid, to: the Department of Community Affairs; (a) (b) the regional planning agency; (c) the planning boards of all abutting cities and towns; (d) (if applicable) all non-resident property owners who have filed an annual request with the town clerk in accordance with local by-law or law. Form 8 (revised 1/91) Town: Date TM Convened: Note: This information may not apply in all cases. If the information is available, however, it would be helpful to the Attorney General's office in reviewing the town's by-laws. If the information does not apply or is not available, please do not include this form in the package mailed to the Attorney General. If any by-laws relate to state statutes which require acceptance by the town, please staple to this page proof that the town meeting voted to accept the relevant statutes. If there are any special acts (home rule) which relate to the authority of the town to adopt one or more of the by-laws submitted to the Attorney General for approval, please staple a copy of the enactment to this page and identify the article number to which it applies: If there are any statutes or regulations (state or federal) which, in the town's opinion, provide authority for adoption of one or more of the by-laws submitted to the Attorney General for approval (or which are otherwise relevant to the by-laws), please staple a copy to this page or identify the article numbers and the relevant statutes or regulations here: If the town has submitted by-laws to the Attorney General which are identical or similar to by-laws of other towns which the Attorney General has previously approved (in whole or part), please attach a copy to this page or list the name of the other town (and article or by-law number, if known). Form 9 (revised 1/91) Town: Date TM Convened: HISTORIC DISTRICT,PROCEDURE~ 1. I hereby certify that the following persons were the duly appointed members of the Historic District Study Committee/Historic District Commission at the time the historic district articles being acted upon were considered: Attest: Date: Town Clerk 2. For each historic district article, please state the date of the relevant public hearing and the date of the town meeting vote: Article No(s). Hearing Date Date of TM vote For~ 10 (revised 1/91) Town: Date TM ConVened: HISTORIC, DISTRICT ATTACT{MENTS One certified copy of each of the following documents is stapled to this page (please check off): the preliminary report of the Committee or Commission; a certificate that copies of the preliminary report were sent to the Massachusetts Historical Commission and the Town's Planning Board at least 60 days prior to the public hearing and copies of their replies; the notice of public hearing and certification of how notice was given, including certification that it was mailed, postage prepaid, at least 14 days before the date of the hearing to owners of all properties to be included in the district as they appear on the most recent list; the final report as submitted to the Town Meeting. The report must contain: (a) the committee's recommendations, (b) a map of the proposed district(s), and (c) a draft of the proposed by-law. TOWN OF NORTH ANDOVER ~.ANNUAL TOWN MEETING - NAY 4, 1992 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at Volpe Complex, Merrimack College, on Monday, May 4, 1992, at 7:00 p.m. then and there to act upon the following articles. ARTICLE 1. ANNUAL TOWN ELECTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 2, 1992. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Town Clerk to announce results. action. Town Moderator will not require ARTICLE 2. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1991 Annual Town Report. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt the article as printed in the warrant. ARTICLE 3. COMPENSATION OF ELECTED OFFICIALS. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws as follows; or to take any other action relative thereto: Board of Selectmen/Licensing Commissioners, each per annum Chairman, Board of Selectmen, per annum Moderator For each Annual Town Meeting For each Special Town Meeting $ 2,000 300 100 50 Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. Board of Selectmen Board of Selectmen Motion MOVE that the Town receive the preliminary report of the Water Treatment Plant Study Committee. ARTICLE 5. RESOIU~ION REGARDING DISTRIBUTION OF STATE AID TO CITIES AND TOWNS. To see if the Town will vote to adopt the following resolution: Resolved that the Town of North Andover calls upon the legislature to annually appropriate and fully distribute the legally required 15% gas tax receipts to cities and towns, for the construction, maintenance, and policing of local roads. Furthermore, the Town calls upon the legislature to implement Question 5 and fully distributed revenues to cities and towns according to terms of that question. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town of North Andover calls upon the legislature to annually appropriate and fully distribute the legally required 15% gas tax receipts to cities and towns, for the construction, maintenance, and policing of local roads. Furthermore, the Town calls upon the legislature to implement Question 5 as voted in the November 6, 1990, State Election and fully distributed revenues to cities and towns according to terms of that question. ARTICLF. 6. AUTHORIZATION TO TRANSFER~NEXPENDED 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 Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Advisory Board Motion MOVE that the Town vote to transfer from the unexpended balances of: Leak and Rehab. Account - FY 1988 $28,411.55 being a sum of $28,411.55 to be added to the following accounts: Article 43 - Computer Systems 1987 Annual Town Meeting $25,806.67 Article 13 - General Appropriations 1990 Annual Town Meeting Personnel - Expenses Group Insurance Special Legal Assessors - Expenses Building - Expenses Fire - Expenses Police - Expenses 372.47 1,018.65 514.00 58.79 117.00 225.00 298.97 ARTICLE 7. FISCAL YEAR 1992 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1992 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Advisory Board Motion MOVE that the Town vote to transfer certain funds, as noted under Article #7 of the May 6, 1991, Annual Town Meeting as amended under Article #1 of the December 11, 1991, Special Town Meeting, from the unexpended balances of: Police - Expenses Fire - Expenses Stevens Memorial Library - Salaries Interest on Debt - Expenses General Insurance - Expenses D.P.W. - Gr. Law. Sanitary Dist. - Expenses Gr. Law. Reg. Vocational School - Assessment D.P.W. - Adm. and Operations - Salaries Planning Department - Salaries Industrial Development Commission - Expenses D.P.W. - Water Department - Expenses $23,947.00 6,152.00 2,000.00 68,000.00 25,000.00 15,000.00 3,100.00 10,000.00 20,000.00 1,000.00 4,000.00 being a sum of $178,199.00 to be added to the following accounts: Advisory Board - Expenses Building Department - Salaries D.P.W. - Water Department - Salaries D.P.W. - Adm. and Operations - Expenses Police Department - Salaries Treasury - Salaries Town Accountant - Salaries Unclassified Stevens Memorial Library - Expenses Employee Benefits - Expenses Town Manager & Board of Selectmen - Salaries Town Manager & Board of Selectmen - Expenses Legal and Audit - Expenses Community Center - Expenses Youth Services - Salaries 3,000.00 1,000.00 4,000.00 17,599.00 28,100.00 5,952.00 852.00 500.00 20,200.00 69,696.00 1,500.00 3,500.00 20,000.00 2,000.00 300.00 ARTICLE 8. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1993. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Project Description Department Request Board of Selectmen Recommend Advisory Board Reco-mend POLICE DEPARTMENT: 1. Central Dispatching Center 2. Facility Renovations/ Expansion 3. Traffic Lights (Mass. Ave./Waverly Rd.) 4. Communications Network 5. Speciality Vehicle Needs Sub-Total - Police FIRE DEPARTMENT: 6. Fire Station Engine Exhaust Systems 7. Architectural Fees - Fire Station & Town Hall 8. High Band Radio Sub-Total - Fire SCHOOL DEPARTMENT: 9. Elementary School - Calzetta Farm Site SEE NOTE 10. Middle School Roof - Repair/Replacement 11. Bradstreet ECC Elevator/ Lavs.- Handicapped Access./Elect. 12. Remove Asbestos - Middle School Boiler 13. Franklin School Roof Repair/Replace 14. Handicap Access - Two Lavatories-Middle School 15. Technology Equipment 16. Thomson & Bradstreet Brick Repointing 17. Atkinson, Kittredge, Thomson Floor Retiling 18. Underground Oil Tank Replacement Sub-Total - School $230,000 400,000 18,000 38,000 28,000 $714,000 $ 45,000 31,000 130,000 $206,000 $10,600,000 449,500 250,000 80,000 66,000 15,000 63,760 30,000 25,740 50,000 $11,630,000 $230,000 0 18,000 13,950 28,000 $289,950 $ 45,000 0 130,000 $175,000 $10,600,000 449,500 0 80,000 66,000 15,000 63,760 0 25,740 0 $11,300,000 $230,000 0 0 13,950 0 $243,950 $ 45,000 0 130,000 $175,000 See Art. 12 449,500 0 80,000 66,000 15,000 63,760 0 25,740 0 $700,000 Department Project Description Department Request Board of Selectmen Recomme~ Advisory Board Recommend 19. Renovation/Addition- Town Hall Sub-Total - Town Hall $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 STEVENS LIBRARY: 20. Library Addition & Renovation $2,000,000 SEE NOTE 21. Asbestos Removal 45,000 22. Underground Oil Tank Replacement 43,650 Sub-Total-Stevens Library $2,088;650 $2,000,000 See Art. 11 0 $ 0 0 0 $2,000,000 $ 0 PUBLIC WORKS: 23. Public Works Equipment 24. Water Main Rehab. - FY 93 25. *Two Rubbish Trucks 26. Sewer Sys Ext-GPR Phase 3 27. Sewer System Improvements 28. Bear Hill Storage Tanks SEE NOTE 29. Sutton Hill Storage Tanks 30. Road Improvement Program 31. Sewer Sys Ext-GPR Phase 2 Sub-Total - Public Works $ 148,000 $ 148,000 700,000 50,000 150,000 150,000 1,500,000 0 1,000,000 0 460,000 460,000 $ 148,000 50,000 Rec. @ T.M. 0 0 460,000 130,000 130,000 130,000 250,000 0 0 450,000 450,000 450,000 $4,788,000 $1,388,000 $1,238,000 Total - Article 98 $19.487.890 $15,277.950 Subject to continuation of existing trash collection program. Notes: The following projects will be brought forward to Town Meeting under separate articles: Item 9. Item 20. Item 28. Elementary School - Calzetta Farm Site - Article #12 Library Addition and Renovation - Article #11 Bear Hill Storage Tanks - Article #9 Planning Board Recommendations: Item 24. Item 28. Item 29. Item 31. Water Main Rehab. - FY 93 Bear Hill Storage Tanks Sutton Hill Storage Tanks Sewer Sys. Ext-GPR Phase 2 Favorable Action. Favorable Action. Favorable Action. Favorable Action. Board of Selectmen ARTICLR 8. YEAR 1993. CAPITAL I~PROV~(~NTS PLAN APPROPRIATION FOR FISCAL Advisory Board Motion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose Appropriation Police Department Item 1. Central Dispatching Center Equipment and Remodeling $230,000 Item 4. Communications Network Equipment 13,950 Fire Department Item 6. Fire Station Engine Exhaust Systems 45,000 Item 8. High Band Radio 130,000 School Department Item 10. Middle School Roof - Repair/Replacement 449,500 Item 12. Remove Asbestos - Middle School Boiler 80,000 Item 13. Franklin School Roof - Repair/Replace 66,000 Item 14. Handicap Access - Two Lavatories - Middle School Technology Equipment Atkinson, Kittredge, Thomson Floor Retiling - Extraordinary Repairs Item 15. Item 17. 15,000 63,760 25,740 Town Hall Item 19. Renovations/Addition Town Hall 125,000 Public Works Item 23. Public Works Equipment 148,000 Item 24. Water Main Laying and Relaying - FY '93 50,000 Item 25. Two Rubbish Trucks 150,000 Item 28. Bear Hill Storage Tanks Reconstructing and Repairs 460,000 Item 29. Reconstructing Sutton Hill Storage Tanks 130,000 Item 31. Sewer System Extension - Phase 2 GPR 450,000 and that Item 25 - Two Rubbish Trucks be acquired subject to the continuation of the existing trash collection program; that under Item 31 - Sewer System Extension - Phase 2 Great Pond Road, the Board of Selectmen are authorized to take any other action necessary to carry out this project and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,631,950 under Chapter 44 of the General Laws. ARITLCE 8. YEAR 1993. CAPITAL IMPRO~$ PLAN APPROPRIATION FOR FISCAL Board of Selectmen - Amendment MOVE that the Town vote to amend the motion and to include Item 5 - Specialty Vehicle Needs - Police Department and appropriate $28,000 for said purpose, and that the total authorization to borrow be the sum of $2,659,950 under Chapter 44 of the General Laws. ARTICLE 9. REPAIR TO BEAR HILL RESERVOIRS. To see if the Town will vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under Chapter 44 of the Massachusetts General Laws as amended or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: No Action IF ITEM 28 OF ARTICLE 8 PASSES: Board of Selectmen Motion MOVE that the Town take NO ACTION on the article. IF ITEM 28 OF ARTICLE 8 DOES NOT PASS: Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under M.G.L. Chapter 44, Section 8 (4A). ARTICLE 10. CAPITAL IMPROVEMENTS RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $336,000 or any other sum, to establish the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for the approved FY 1993 Capital Improvements projects, as voted under Article #8, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 11. STEVENS ~ORIAL LIBRARY RENOVATIONS. To see if the Town will vote to appropriate the sum of $ 2,000,000 or any other sum for securing plans and specifications, including work drawings, retaining the services of a construction manager, constructing an addition to and remodeling, reconstruction and making extraordinary repairs to the Stevens Memorial Library; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $2,000,000 for securing plans and specifications, including work drawings, retaining the services of a construction manager, constructing an addition to and remodeling, reconstructing and making extraordinary repairs to the Stevens Memorial Library; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $2,000,000 under M.G.L. Chapter 44, Section 7, as amended; that the Library Board of Trustees, with the approval of the Selectmen, are authorized to contract for an expend funds from other sources and that the Library Board of Trustees is authorized to enter into any contracts or take any other action necessary to carry out this project; and further, that the Library Board of Trustees are required to retain the services of a qualified construction manager. IF THE ARTICLE DOES NOT PASS, THE CHAIRMAN OF THE BOARD OF SELECTMEN WILL MAKE A MOTION FOR RECONSIDERATION OF ARTICLE 11. IF RECONSIDERATION IS VOTED, THE FOLLOWING MOTION WILL BE MOVED: Board of Selectmen Motion MOVE that the Town vote to appropriate $400,000 for building maintenance improvements, extraordinary repairs and reconstruction to the Stevens Memorial Library; that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $400,000 under M.G.L. Chapter 44, Section 7, as amended. ARTICLE 12. CONSTRUCTION OF AN E?.RNRNTARY SCHOOL. To see if the Town will vote to raise and appropriate the sum of $10,600,000 or any other sum to be expended under the direction of the School Building Committee for the purpose of constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services and construction management services to be located at the Calzetta Farm site; to determine whether this appropriation shall be raised by borrowing or otherwise; 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 other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. AdvisorF Board Motion MOVE the Town vote to appropriate $10,600,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services, to be located at the Calzetta Farm site; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $10,600,000 under M.G.L. Chapter 44 or Chapter 645 of the Acts of 1948, as amended; that the Selectmen be and they hereby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds or notes for up to one year after the project completion date as determined by the Treasurer, if necessary; and that the School Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project; provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding and related expenses until the State Board of Education approves the project for a state construction grant under said Chapter 645. ARTICLE 13. ARCHITECTURAL FEES FOR SCHOOI~. To see if the Town will vote to rescind the action taken under Article #19 of the 1989 Annual Town meeting or to take any other action. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. IF ARTICLE 12 PASSES: Board of Selectmen Motion MOVE that the Town vote to amend the authorization to raise and appropriate under Article 19 of the May 1, 1989, Annual Town Meeting; said authorization to be reduced by the sum of $312,000 for a total authorization of $239,285, to be expended under the direction of the School Building Committee, for architectural services and specifications for remodeling, reconstruction, or making extraordinary repairs and for construction additions to Kittredge School, and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $239,285 under M.G.L. Chapter 44 as amended. IF ARTICLE 12 DOES NOT PASS: Board of Selectmen Motion MOVE the Town take no action on this article. ARTICLE 14. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1993. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning July 1, 1992, and ending June 30, 1993; or to take any other action relative thereto. Board of Selectmen ARTICLE 14. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1993. Advisory Board Motion MOVE that the Town vote to accept the recommendations of the Advisory Board as presented in the warrant under the column titled "FY '93 Advisory Board Recommends" to a total of $30,025,590.00; of which $428,500.00 of School Department- Salaries and $62,000.00 of School Department - Expenses shall be contingent upon the approval of a general override of Proposition 2 1/2, so-called. Board of Selectmen - Amendment MOVE to amend the Advisory Board's FY 93 budgetary motion as follows: 10. 11. Reduce the School Department Salaries appropriation by $ 71,000; for a new total of $11,118,290. Reduce the School Department Expenses appropriation by $ 19,500; for a new total of $ 3,091,992. Increase Library Expenses by $ 3,000; for a new total of $ 92,187. Increase Police Department Salaries (Dispatch) by $ 47,000; for a new total of $ 1,546,885. Increase Police Department Expenses (Dispatch) by $ 10,000; for a new total of $ 184,471. Increase Youth Services Expenses by $ 5,000; for a new total of $ 14,100. Increase Youth Services Salaries by $ 10,000; for a new total of $ 57,260. Increase DPW Administration and Operation Salaries- (Stevens Pond Salaries) by $ 10,000; for a new total of $ 735,922. Increase Recreation Department Expenses by $ 10,000; for a new total of $ 16,000. Increase Council on Aging - Salaries by $ 5,000; for a new total of $ 84,141. Increase DPW Administration and Operations Expenses (Recycle) by $ 110,000; for a new total of $ 1,190,434. Resulting in an amended total FY '93 Budgetary Appropriation of $30,145,090 of which $88,000 of School Department salaries, $40,000 of School Department Expenses, and $110,000 of Refuse Collection Expenses shall be contingent upon the approval of a general override of Proposition 2 1/2 so called. ARTICLE 15. STATE AID TO EDUCATION. To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as designated state aid to education; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To see if the Town will vote to authorize the School Committee to accept and expend without further action by the Town any increased funds which may become available as state aid designated for education. School Committee Motion MOVE to take NO ACTION on the article. A~?ICLE 16. RENTAL AGREEMENT. To see if the Town will vote to authorize the School Committee to enter into a rental agreement with the First Calvary Baptist Church to lease additional classroom space to supplement capacity at the Atkinson School for a period not to exceed five (5) years; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisor~ Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 17. TRANSFER OF ENCUMBERED SALARY FUNDS. To see if the Town will vote to transfer the School Department's FY 1993 salary account $ 80,590.00 encumbered from FY 1991 and FY 1992 salary accounts. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to transfer the School Department's FY 1993 salary account $80,590.00 encumbered from FY 1991 and FY 1992 salary accounts. ARTICLE 18. SCHOOL BUS TRANSPORTATION. To see if the Town will vote to raise and appropriate (borrow or transfer from available funds) the sum of $ 206,502.00, to be expended under the direction of the School Committee, to bus to and from school students in grades 7-12 who live 2 miles or more from school and students in grades 1-6 who live 1 1/2 to 2 miles from school, provided that said funds be subject to a successful Prop. 2 1/2 general override election; or take any other action relative thereto. School Com-ittee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town will vote to raise and appropriate the sum of $ 206,502.00, to be expended under the direction of the School Committee, to bus to and from school students in grades 7-12 who live 2 miles or more from school and students in grades 1-6 who live 1 1/2 to 2 miles from school, provided that said funds be contingent upon the approval of a general override of Proposition 2 1/2, so-called. ARTICLE 19. WATER TREATMENT PLANT - GRAI~FLAR ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $100,000 as an addition to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town vote to transfer the sum of $47,000 from the Stabilization Fund and to raise and appropriate the sum of $ 30,000 for a total of $ 50,000 to provide for the periodic GAC replacement for the Water Treatment Plant; such expenditures to be made only with the approval of the Town Manager. Two-thirds vote required. ARTICLE 20. NESWC ~EFDNDING ARTICLE. To see if the Town will vote to authorize the Selectmen to take such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource recovery facility referred to in the Service Agreement between the Town and Massachusetts Refusetech, Inc. including without limitation the substitution of Wheelabrator Technologies Inc. for Allied-Signal Inc. as the guarantor of performance under the Service Agreement and the execution and delivery of such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Board of Selectmen shall determine necessary and in the best interests of the Town to effect such refunding; or act in any other manner in relation thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town vote that the Selectmen are authorized to take such action as may be requested by the North East Solid Waste Committee to facilitate the refunding of bonds issued to finance the solid waste resource recovery facility referred to in the Service Agreement between the Town and Massachusetts Refusetech, Inc., including without limitation the substitution of Wheelabrator Technologies Inc, for Allied-Signal Inc. as the guarantor of performance under the Service Agreement and the execution and delivery of such amendments to the Service Agreement and other agreements with the North East Solid Waste Committee as the Selectmen shall determine necessary and in the best interest of the Town to effect such refunding. ARTICLE 21. PURCFu%SE OF PUMP STATION FROM ANGUS REALTY. Public Sewer and Lift Station Acquisition. To see if the Town will vote to raise and appropriate the sum of $ 467,500.00 to be expended under the direction of the Board of Selectmen for the purpose of purchasing a private sewer and lift station constructed by Angus Realty and to acquire by fee and/or easement an interest in the real estate in the vicinity of Great Pond Road and Osgood Street on which the sewer pump station is located as well as all equipment and the building containing the pump station; and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $ 467,500.00 under M.G.L. Chapter 44; Section 7 for said purpose. And to meet this appropriation a special betterment assessment under M.G.L. Chapter 80 and 83 shall be made upon the property benefited by such sewer and pump station acquisition. Board of Selectmen Board of Selectmen Recommendation: Favorable Action, provided that the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified by a firm of Certified Public Accountants and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Advisory Board Recommendation: Favorable Action, provided that the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified to by a firm of Certified Public Accountants, and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. Planning Board Recommendation: To be made at Town Meeting. Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $467,500.00 to be expended under the direction of the Board of Selectmen for the purpose of purchasing to acquire by fee and/or easement an interest in the real estate in the vicinity of Great Pond Road and Osgood Street on which the sewer pump station is located as well as all equipment and the building containing the pump station; and to authorize the Treasurer with approval of the Board of Selectmen to borrow the sum of $467,500.00 under M.G.L. Chapter 44 as amended, for said purpose; and that the Selectmen are authorized to petition the General Court for an act to authorize borrowing for this project, if necessary. And to meet this appropriation a special betterment assessment under M.G.L. Chapter 80 and 83 shall be made upon the property benefited by such sewer and pump station acquisition. Furthermore, the purchase price shall be an amount not in excess of actual cost to Angus and shall be so certified to by a firm of Certified Public Accountants, and the acquisition shall not be made until all impacted property owners have agreed to pay their pro-rata cost of the Town's purchase price either through a direct payment or a betterment assessment. ARTICLE 22. M.G.L. CHAPTER 40, SECTION 57. To see if the Town will vote to adopt Section 57 of Chapter 40 of the Mass. General Laws which allows any city or town to deny or suspend any local license or permit, including renewals, for any person or business who has failed to pay municipal taxes or charges. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 23. AUTHORIZATION OF M.G.L. CHAPTER 90 - HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 360,578. for M.G.L. 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 $ 360,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $360,578 for road repairs and that to meet this appropriation, the Treasurer, with the approval of the Selectmen, be authorized to issue Highway Reimbursement Notes of the Town under M.G.L. Chapter 44, Section 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation, and that the Selectmen are authorized to accept highway funds from all sources. ARTICLE 24. AMEND AUTHORIZATION TO BORROW - CALZETTA SITE LAND PURCHASE. To see if the Town will vote to reduce the authorization to borrow, as voted under Article #4 of the March 30, 1989, Special Town Meeting; said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $73,000 so that the total authorization as amended is $952,000, or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to reduce the authorization to borrow, as voted under Article #4 of the March 30, 1989, Special Town Meeting; said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $73,000 so that the total authorization as amended is $952,000. ARTICLE 25. WETLAND FILING FEES. To see if the Town will vote to appropriate $ from the Wetland Filing Fees Account for use by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. Conservation Commission Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $10,827.37 from the Wetlands Filing Fees Account to be used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. ARTICLE 26. ACCEPTANCE OF EEO MONEY. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 93 in accordance with M.G.L. Chapter 70A, as inserted by St. 1985, C. 188; or to take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 27. ACCEPTANCE OF EEO MONEY. To see if the Town will vote to approve the acceptance by the Greater Lawrence Regional Vocational Technical High School District of an Equal Education Opportunity Grant pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article as printed in the warrant. ARTICLE 28. RESERVE FUND. To see if the Town will vote to raise and appropriate a sum of money to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: amount of $75,000. Favorable Action, in the Advisory Board Recommendation: of $75,000. Favorable Action, in the amount Advisory Board Motion MOVE that the Town vote to raise and appropriate the sum of $75,000 for the purpose of funding the Reserve Fund. ARTICLE 29. SCHOOL COMMITTEE N~BERSHIP ON THE SCHOOL BUILDING COMMITTEE. To see if the Town will vote to authorize the School Committee, notwithstanding the provisions of Article #34 of the 1945 Annual Town Meeting, to appoint three members to the School Building Committee annually, at least one appointee to be a member of the School Committee and the two remaining appointees to be either members of the School Committee or other citizens of the Town. All current appointments to the School Building Committee will remain in effect until the expiration of their terms of office. Ail new appointments will be made in accordance with this section. The four remaining appointments made by the Moderator will not change, or take any other action related thereto. School Committee School Committee Motion MOVE to adopt the article as printed in the warrant. ARTICrm 30. VOTE THE TOWN ACCEPT THE PROVISIONS OF M.G.L. CH. 30B. To see if the Town will vote to adopt M.G.L. Ch. 30B which define procurement procedures for municipalities or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE that the Town take NO ACTION on this article. ARTICLE 31. ADOPTION OF PERSONNEL BY-LAW. To see if the Town will vote to repeal its "Personnel By-Law" as originally adopted at the Annual Town Meeting of March 14, 1964, Article #10, (and since amended from time to time) and to enact and substitute in its place the "Personnel By-Law" as proposed and presented by the Personnel By-Law Committee. Full text of the proposed by-law will be available at Town Hall, Stevens Memorial Library, with the posting of the Warrant in each voting precinct, and at Town Meeting. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Board of Selectmen Motion MOVE that the Town vote to adopt the "Personnel By-Law" as proposed and presented by the Personnel By-Law Committee. ARTICLE 32. TOWN MEETING EXPENDITURES REQUIRING MORE THAN $1 MILLION FOR ANY CONSTRUCTION PROJECT. To see if the Town will vote to require any Article which is passed at a Town Meeting requiring an expenditure of more than $ 1,000,000.00 (One Million Dollars) for any construction project be placed on a ballot to be voted on by the Town Voters of North Andover at the next regular election or on a special election if necessary. Action may include any necessary amendments to the Town Charter or by-laws. George F. Henderson and Others Board of Selectmen Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICLE 33. TOWN ~TINGS. To see if the Town will vote to return Town Meetings to Saturday in place of evening meetings including any necessary amendments to the Town Charter or By- Laws. George F. Henderson and Others Board of Selectmen Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICLE 34. REVISIONS TO BYLAW. To see if the Town will vote to delete Chapter 9 from Part 1, Division i of the Codified Bylaws of the Town of North Andover. Conservation Commission Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Conservation Commission Motio- ARTICLE 35. FIRE DETECTION AND ALARM SYSTEMS. To see if the Town will vote to amend the Town By-Law striking from Article #1 Fire Detection and Alarm Systems Section 69-1 through 69-7 and to insert the following language listed as Sections 69-1 through 69-7.4. SECTION 69-1 PURPOSE AND SCOPE This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire and medical aid alarm systems shall include systems connected to the Fire Department by the municipal fire alarm circuit, direct wire, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. SECTION 69-2 ALARM INSTALLATION AND PERMIT REQUIREMENTS As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing alarm systems must obtain permit within three (3) months of the effective date of this by-law. The Fire Chief shall prescribe an application form for implementation of this by-law. The fee for this alarm permit shall be ten dollars ($10.00). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15.00). Changes in the permit or inspection fees may be made with sixty days notice to the general public and with the approval of the Board of Selectmen. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. Co Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emergency Fire Department telephone number designated for that purpose. Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire chief for this service. ee The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alarm receiving equipment. The Fire Department will make every effort to insure the proper operation of its alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. SECTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148 Section 27A and Section 28. SECTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT Ail alarm systems installed after the effective date of this by-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. Ail existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this by-law. This section shall not apply to audible sprinkler alarm bells either mechanical or electrical which are utilized to indicate a water flow. SECTION 69-5 ALARM SYSTEM REGULATIONS AND MAINTENANCE ae Each alarm user shall submit to the Fire Chief the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. be Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of M.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69 5(a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. Ce Ail premises shall have their legal street number clearly visible as per existing town by-law prior to connection of any alarm to the Fire Department. de Ail premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. SECTION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. SECTION 69-7 FALSE ALARM ASSESSMENT Definition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. ao Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: Fire Alarm & Emergency Medical Systems FALSE ALARM ASSESSMENT 1 THROUGH 3 4 THROUGH 5 6 OR MORE NONE $200.00 EACH $500.00 EACH The Fire Chief shall have the authority to waive any assessment if in his judgement extenuating circumstances justify such a waiver. After a third false alarm within twelve months, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the current twelve (12) month period, from the date of the first false alarm, will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessments. It is the intent of this section to have the systems maintained on a regular basis. False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. False alarms received during the first thirty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. de Determination that a false alarm has been transmitted will be the judgement of the Fire Chief or his duly appointed duty officer. Se Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. SECTION 69-7.1 CONNECTION FEES Each alarm user shall on or before October 1st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.00/alarm box $ 10.00/signal NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. EXEMPTIONS Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 SECTION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more that $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. Failure to comply with the requirements set forth in these regulations. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. Causing, through negligence, a condition which interferes with the operation of, or causes damage to the municipal fire alarm system. ho Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification of the residents of a dwelling shall be installed and/or maintained in a usable state. Section 69-7.3 APPEALS Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the appellant is still not satisfied, a further appeal may be made to the Board of Selectmen whose ruling shall be final and binding. Section 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. Fire Chief William V. Dolan Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt the article as printed in the warrant. ARTICLE 36. AMEND THE CODE OF THE TOWN OF NORTH ANDOVER. To see if the Town will vote to amend Chapter 77, Section 77-1 of the Code of North Andover to read as follows: Section 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees A® The estimated cost of new construction shall be based on a cost factor of sixty five ($65.00) dollars per square foot. Be Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. De Copies of actual contract price shall be submitted with the Building Permit Application. E. Building permit fees shall not be required for municipally owned building or structures. Fees will be paid on mechanical and utility work only. The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. Board of Selectmen Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt the article as printed in the warrant. ARTICT~ 37. AMEND GENERAL BYLAWS - SECTION 117-2. To see if the Town will vote to amend Chapter 117-2 of the General By- laws of the Town, by deleting the existing Section 117-2 in its entirety and substituting the following: Gasoline stations may be operated as either full- service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline is generally pumped by the customer holing the nozzle; or a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others Board of Selectmen Recommendation: Unfavorable Action. Motion Petitioner will move the article. ARTICTm 38. OPPOSITION OF HOT~.TNGS BILL. To see if the Town will vote to direct the Board of Selectmen to communicate the vote of Town Meeting to the Town's representatives in Congress, the entire Massachusetts delegation and the President. That the Town of North Andover does not support legislation in Congress, known as the "Hollings Bill", that threatens the security of jobs in the Merrimack Valley and the technology leadership of the United States of America in the areas of telecommunications, transmission equipment and services. Mark S. DiSalvo and Others Motion Petitioner will move the article. ARTICLE 39. REDUCTION OF MILITARY EXPENDITURES. To see if the Town will vote to instruct our Representative Nicholas Mavroules and our Senators, Edward M. Kennedy and John F. Kerry, to take all suitable measures: To enact reductions in military expenditures of at least fifty percent (50%) by the 1996 budget year. To provide assistance to communities and employers to convert from military to peace-time production; and To reallocate funds from military uses to meet domestic needs such as health care, education and environmental protection, and to reduce the federal deficit. Lois P. Fisher and Others Motion Petitioner will move the article. ARTICLE 40. REr~ASE OF EASEMENT - BRIDLE PATH. To see if the Town will vote to release its right, title and interest in a twenty (20) foot drainage easement over and across lots one (1) and thirty four (34), Bridle Path Road, North Andover, being N/F of Mr. James and Margaret Walker. Being more specifically shown on a plan entitled "Definitive Plan of Land of Great Pond Woodland, located in North Andover, Massachusetts" Dated August 23, 1976, Frank C. Gelinas and Assoc., Engineers, which plan is recorded with the Essex North Registry of Deeds as Plan #7548. William A. Cyr, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, upon securing correct easements. Board of Selectmen Motion MOVE that the Town vote to relinquish all right, title and interest and authorize the Board of Selectmen to record a release of such interest in an easement on two lots (which lots are defined as #1 and #34 in a plan entitled "Definitive Plan of Land of Great Pond Woodland, located in North Andover, Massachusetts" dated August 23, 1976, Frank C. Gelinas and Associates, Engineers, which plan is recorded with Essex North District Registry of Deeds as Plan #7548). Said easement runs (at an angle of southeast 73 degrees, 56 minutes, 44 seconds) from the Bridle Path side of Lot #1 to where Lots #1 and 34 join on their boundary with Lot #8 in said Plan now or formerly owned by Santo and Anne Messina. ARTICTm 41. ROADWAY ACCEPTANCE - DUFTON COURT. To see if the Town will vote to accept Dufton Court as a Public Way, as shown on the following plans: Plan entitled Plan of Land owned by the Andover Savings Bank, in North Andover, Massachusetts, dated July 1936, prepared by D.W. Clark C.E., and recorded with the North Essex Registry of Deeds on 9/24/36 as plan # 998. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planning Board Motion ARTICTm 42. ROAIF6AY ACCEPTANCE - EVERGREEN DRIVE. To see if the Town will vote to accept Evergreen Drive as a Public Way, as shown on the following plans: Plan entitled Plan of Chestnut Acres, North Andover, Massachusetts prepared by Frank C. Gelinas, 56 Gray Street, North Andover, Massachusetts, dated May 16, 1967 and recorded with the North Essex Registry of Deeds on October 2, 1967 as Plan #5738. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planning Board Motion ARTICr~ 43. ROADWAY ACCEPTANCE - SUTTON PLACE. To see if the Town will vote to accept Sutton Place as a Public Way, as shown on the following plans: Plan entitled Plan and profile of a portion of Sutton Hill, North Andover, Massachusetts, dated November 1966, prepared by Charles E. Cyr, C.E., Lawrence, Massachusetts, and recorded with the North Essex Registry of Deeds on August 4, 1967 as plan #5709. Planning Board Board of Selectmen Recom-endation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICT~ 44. ROADWAY ACCEI~ANCE - BERKELEY ROAD. To see if the Town will vote to accept Berkeley Street as a Public Way, as shown on the following plans: Plan entitled "Plan of Trafalgar Estates, located in North Andover Massachusetts, owned by Thomas J. Flatley", dated October 27, 1976, prepared by Frank C. Gelinas and recorded in the North Essex Registry of Deeds on March 3, 1978, as Plan #7778. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planning Board Motion ARTICLE 45. ROADWAY ACCEPTANCE - SPRUCE AND HEMLOCK STREETS. To see if the Town will vote to accept Spruce and Hemlock Streets as Public Ways, as shown on the following plans: Plan entitled "Plan and Profile of a portion of Spruce and Hemlock Streets, North Andover, Massachusetts", dated November 1948, and prepared by Fred W. Stowers R.S. Methuen, Massachusetts and recorded with the North Essex Registry of Deeds on December 22, 1948 as Plan #1977. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICLE 46. ROADWAY ACCEPTANCE - MILL ROAD To see if the Town will vote to accept Mill Street as a Public Way, as shown on the following plans: Plan entitled "Estate of Harriet Fisher, North Andover, Mass." Prepared by Horace Hale Smith, Dated Oct 1922 and recorded with the North Essex Registry of Deeds on Nov. 21, 1922 as plan # 485; Plan entitled "Plan of Land in North Andover, Mass." Dated Oct 16, 1985, Prepared by Hayes Engineering Inc., Wakefield Mass., Recorded with the N.E.R.D. on 12/6/85 as plan # 10115; Plan entitled "Plan of Land in North Andover, Mass. as surveyed for Helen M. Kellner" Dated 1/6/86, Prepared by Robert G. Goodwin, Andover Mass., Recorded with the N.E.R.D. on 8/8/86 as plan # 10390; Plan entitled "Plan of Land in North Andover, Mass., as surveyed for Helen M. Kellner" Dated April 12, 1982, Prepared by Robert G. Goodwin, Andover, Mass., recorded with the N.E.R.D. on 10/8/82 as plan # 8988; Plan entitled "Plan of Land in North Andover, Mass., Owned by Helen M. Kellner". Dated April 17, 1981, Prepared by Robert G. Goodwin, Andover, Mass., and Recorded with the N.E.R.D. on April 15, 1981 as plan # 8608; Plan entitled "Plan of Land in North Andover, Mass., owned by Sydney C. Rea, Dated Feb. 15, 1956, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., Recorded with the N.E.R.D. on May 9, 1956 as Plan # 3250; Plan entitled "Plan of Land in North Andover, Mass., for Yankee Technology Corp., Dated 8/13/83, prepared by Plaistow Consultants, and recorded with the N.E.R.D. on Oct. 13, 1983, as plan # 9273; Plan entitled "Plan of Starrett Acres, North Andover, Mass., owned by George H. Farr & Wanda H. Farr, dated Nov. 2, 1963, prepared by Harry D. Berry and recorded on 2/14/64 as plan # 4945; Plan entitled "Plan of Land in North Andover, Mass., owned by Kathryn A. Starrett, Dated 10/16/59, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., recorded with the N.E.R.D on Nov. 2, 1959 as plan # 3965. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 46. Planninq Board Motion ARTICT~ 47. ROADWAY ACCEPTANCE - C~RISTIAN WAY. To see if the Town will vote to accept Christian Way from Bridges Lane to its end, a street constructed by developers under the requirements of the Subdivision Control Law and as laid out according to plans duly recorded with the North Essex Registry of Deeds as Plan #10469 on file with the Town Clerk, including the taking or acceptance of easements as shown on said plans; or take any other action relative thereto. The taking or acceptance to be from Station 0.00 on said Plan Westerly to Station 3 & 61 and Easterly to Station 11 & 28. Nancy B. Norbedo and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, with resolution of any Department of Public Works' issues. Planninq Board Motion ARTICT~ 48. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if the Town will vote to accept Tiffany Lane as a public way. Said Tiffany Lane is set out in a definitive subdivision plan approved by the North Andover Planning Board of June 2, 1988, and recorded at the Essex North Registry of Deeds as Plan #11162. Peter G. Sbaheen and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Planninq Board Motion ARTICTm 49. ROADWAY ACCEPTANCE - CRANBERRY LANE. To see if the Town will vote to accept the roadway as a public way, namely Cranberry Lane from Station 0-00 to Station 7-63.15 as shown on a plan entitled "Cranberry Lane Subdivision Plan of Land in North Andover, Massachusetts, for Flintlock Realty Trust, P.O. Box 531, North Andover, Massachusetts", prepared by DiPrete, Marchionda & Assoc., Inc., 185 New Boston Street, Woburn, Mass., dated February, 1986 with revisions through September 19, 1986 and recorded in Essex North Registry of Deeds as Plan No. 10461. David A. Kindred and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planning Board Motion ARTICTm 50. REZONE PARCEL OF LAND AT 846 CHESTNUT STREET. To see if the Town will vote to rezone 846 Chestnut Street, map 00107C, parcel 000019 recorded in the Northern Essex Registry of Deeds in Book 3149, Page 254, dated 8-20-90 from Industrial One (1) to Residential Two (2). Louise A. Digrandi, Kathleen A. Wassberg and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Motion Petitioner will move the article. ARTIC~m 51. REZONING PARCEL OF LAND ON CHICKERING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shown as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded with the Essex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust; deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Motion Petitioner will move the article. ARTICT~ 52. MODIFY ZONING BYLAW, SECTION 4.125, the Town will vote to modify the Zoning Bylaw, Se( Residential Six, (R-6), Buildings and Uses permitted, A. Delete usage 4. 125 (2) , "Two family structures". Be Co De Delete usage 4.125(3), "Multi-family structures, not exceeding 7 dwelling structure." Renumber usages 4.125(4) through 4.125(21) through 4.125(19) respectively. Following 4.125-19, as renumbered, th~ relating to uses allowed by Special Perm amended so as to read as follows: "The following uses shall be allow only by Special Permit, the perm granting authority shall be the Planni Board" Add a paragraph 5 to uses allowed by Specil read as follows: Multi-family residential structures, exceed 7 dwelling units per structur~ To see if tions 4.125 as follows: residential residential units per as 4.125(2) paragraph shall be ~d it ~g Permit to not to Ail multi-family structures shall conform to the following dimensional criteria: Lot area min. sq. ft: 130,680 Street frontage min. ft: 150(13) Side set back min. (ft) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max Front set Rear set b Lot covera Herbert P. Redman and C Board of Selectmen Recommendation: To be made at Tow Planning Board Recommendation: To be made at Town Motion Petitioner will move the article. . (ft) 35 back min. 25 ack min. 30 ge max. 20% thers n Meeting. eting. ARTICLE 53. MODIFY ZONING BYLAW, TABLES 1 & 2 the Town will vote to modify Tables 1 & 2 of the with respect to the Residential Six Zoning District, TABLE 1, SUMMARY OF USE REGULATIONS Amend the Residential Six (R-6) Column as follows: Use Two Family Dwelling Multi Family Dwellings Existing Yes Yes* TABLE 2, SUMMARY OF DIMENSIONAL REQUIREMENTS Requirement Lot Area Min. Sq. Ft. Height Max. (ft) Street Frontage Min. ft Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor Area Ratio Max. Lot Coverage Max. Dwelling Unit Density Existing 130,680 35 150(13) 25 15 30 0.25:1(15) 20% 9/acre(12) Herbert P. Redman and Pre Pre 5, Board of Selectmen Recommendation: To be made at To% Planning Board Recommendation: To be made at Town ME To see if :oning Bylaw as follows: posed NO* SP* )osed 00 35 75(13) 20 12 25 0.25:1(15) 25% N/A ~thers n Meeting. .eting. Motion Petitioner will move the article. ARTICrm 54. AMENDMENT OF ZONING BYLAWS. To see will vote to amend its Zoning Bylaws by changing the of the Town from R-2 to I-1 for the hereinafter descr~ of land. That portion of Parcel 75 on the current No= Assessors's Map 25 which is Southerly of the present z Said parcel in its entirety is shown to contain 26.04, portion of the Parcel that is presently zoned R- approximately 8 acres. The portion that is Southel present zoning line is generally bounded and describe~ to said Assessor's Map as follows: EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY by land of ARC Corporation and lan~ J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reserva by land of the Trustees of Reserva by land of the Trustees of Reserva' by land of the Trustees of Reserva by other land of Business Park Tru: of WOR Associates Limited Partnersl Stephen E. Foster and O[ Board of Selectmen Recommendation: To be made at Town Planning Board Recommendation: To be made at Town Mee Motion Petitioner will move the article. if the Town zoning map bed parcel :h Andover )ning line. ~cres. The 2 contains Fly of the according of Alison Lions; Lions; Lions; =ions; and ~t and land %ip hers Meeting. Ling. ARTICLE 55. AMEND ZONING BY-LAW. To see if the Town will vote to amend the North Andover Zoning By-Law and map to change from the existing zoning designation Business-1 to Business-2 the following parcel of land situated at Saville Street, North Andover, bounded and described as set forth in exhibit to be attached hereto. EXHIBIT A That certain parcel of land situated in North Andover in the County of Essex and said Commonwealth, bounded and described as follows: Northwesterly by Saville Street one hundred seventy-six and 38/100 (176.38) feet; Northeasterly by lot six (6) as shown on plan hereinafter mentioned one hundred fifty-two and 8/10 (152.8) feet; Southeasterly by land now or formerly of Calvin C. Rea sixty-four and 42/100 (64.42) feet, and Southerly in a broken line by land now or formerly of Harry W. Clark two hundred eighteen and 1/10 (218.10) feet. Ail of said boundaries are determined by the Court to be located as shown on Plan No. 3263B, drawn by Ernest W. Branch, Surveyor, dated August 20, 1913, as modified and approved by the Court, filed in the land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 385, Book 3, Page 513, and being designated as lots one (1) to five (5) inclusive thereon. Also lots six (6) to eleven (11) inclusive as shown on above-mentioned plan bounded and described as follows: Northwesterly by Saville Street one hundred twenty (120) feet; Westerly by Saville Street sixty (60) feet; Northerly by lot twelve (12) on said plan one hundred (100) feet, and Southeasterly by land now or formerly of Calvin C. Rea two hundred fifty-nine and 01/100 (259.01) feet. Douglas E. Small and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Motion Petitioner will move the article. ARTICLE 56. AMENDMENT OF THE ZONING BYLAW. To see if the Town will vote to amend Section 4.133 Paragraph 6 of the North Andover Zoning Bylaw by adding the following wording: "Any dumping of ash or other hazardous material generated by such facility shall be subject to a Special Permit." Manuel F. Arista and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action with amendment, Special Permit Granting Authority to be the Planning Board. Motion Petitioner will move the article. ARTICLE 57. AMEND~ OF ZONING BYLAW RELATIVE TO THE REGULATION OF SIGNS AND OUTDOOR LIGHTING. To see if the Town will vote to amend the Zoning Bylaw by removing the following paragraph as it may relate to the regulation of Signs and Outdoor Lighting: Paragraph 6.7.6 No political sign shall be maintained or erected in the Town. Ail associated text shall be punctuated and renumbered appropriately. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Planninq Board Motion ARTICLE 58. RESTRICT TRAVEL OF SBT.RM STREET, APPLETON STREET AND DALE STREET. To see if the Town will vote to restrict travel on Salem Street, Appleton Street, Dale Street and Boxford Street to vehicles weighing less than 2 1/2 tons and post those streets with signs indicating that restriction is in effect. Explanation: As a result of restricting travel on Great Pond Road and others, through traffic has been funnelled to Salem Street, Appleton Street, Dale Street, and Boxford Street. This article would direct heavy trucking to the State Highways Route 125 and 133 where it belongs. Paul G. Dyer and Others Board of Selectmen Recom-endation: To be made at Town Meeting. Motion Petitioner will move the article. 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 17th day of April, Nineteen Hundred and Ninety-Two. NORTH ANDOVER BOARD OF SELECTMEN KENNETH C. CROUCH, Chairman MARTHA J. LARSON, Clerk ERIC W. BAKERMAN, Member SEAN J. FOUNTAIN, Member DONALD B. STEWART, Member Attest ............................... Constable North Andover, Massachusetts DANIEL LONG: Town Clerk ATTEST: A True Copy TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING - MAY 4, 1992 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at Volpe Complex, Merrimack College, on Monday, May 4, 1992, at 7:00 p.m. then and there to act upon the following articles. ARTICTm 1. ANNUAL TOWN ErmCTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 2, 1992. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTICrm 2. REPORT OF RECEIPTS AND EXPENDITURES. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1991 Annual Town Report. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTICrm 3. COMPENSATION OF ELECTED OFFICLAr~. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws as follows; or to take any other action relative thereto: Board of Selectmen/LiCensing Commissioners, each per annum Chairman, Board of Selectmen, per annum Moderator For each Annual Town Meeting For each Special Town Meeting $ 2,000 300 100 5O Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. 8 ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. Board of Selectmen ARTIC?~ 5. RESOLUTION REGARDING DISTP. IBUTION OF STATE AID TO CITIES AND TOWNS. To see if the Town will vote to adopt the following resolution: Resolved that the Town of North Andover calls upon the legislature to annually appropriate and fully distribute the legally required 15% gas tax receipts to cities and towns, for the construction, maintenance, and policing of local roads. Furthermore, the Town calls upon the legislature to implement Question 5 and fully distributed revenues to cities and towns according to terms of that question. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTIC?m 6. AUTHORIZATION TO TRANSFER DliE]~NDED 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 Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 7. FISCAL YEAR 1992 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1992 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. , ARTICTm 8. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1993. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Project Description Department Request Board of Selectmen Reco~end Advisory Board POLICE DEPARTMENT: 1. Central Dispatching Center 2. Facility Renovations/ Expansion 3. Traffic Lights (Mass. Ave./Waverly Rd.) 4. Communications Network 5. Speciality Vehicle Needs Sub-Total - Police FIRE DEPARTMENT: 6. Fire Station Engine Exhaust Systems 7. Architectural Fees - Fire Station & Town Hall 8. High Band Radio Sub-Total - Fire SCHOOL DEPARTMENT: 9. Elementary School - Calzetta Farm Site SEE NOTE 10. Middle School Roof - Repair/Replacement 11. Bradstreet ECC Elevator/ Lays.- Handicapped Access./Elect. 12. Remove Asbestos - Middle School Boiler 13. Franklin School Roof Repair/Replace 14. Handicap Access - Two Lavatories-Middle School 15. Technology Equipment 16. Thomson & Bradstreet Brick Repointing 17. Atkinson, Kittredge, Thomson Floor Retiling 18. Underground Oil Tank Replacement Sub-Total - School $230,000 $230,000 $230,000 400,000 0 0 18,000 18,000 0 38,000 13,950 13,950 28,000 28,000 0 $714,000 ~289,950 $243,950 $ 45,000 $ 45,000 $ 45,000 31,000 0 0 130,000 130,000 ~ $206,000 $175,000 $175,000 $10,600,000 $10,600,000 See Art. 12 449,500 449,500 449,500 250,000 0 0 80,000 80,000 80,000 66,000 66,000 66,000 15,000 15,000 15,000 63,760 63,760 63,760 30,000 0 0 25,740 25,740 25,740 50,000 0 0 $11,630,000 $11,300,000 $700,000 10 Department Project Description Department Request Board of Selectmen Recommend Advisory Board Recommend 19. Renovation/Addition - Town Hall Sub-Total - Town Hall $125,000 $125.000 $125,000 $125,000 STEVENS T~H2AEY: 20. Library Addition & Renovation SEE NOTE 21. Asbestos Removal 22. Underground Oil Tank Replacement Sub-Total-Stevens Library $2,000,000 45,000 43,650 $2,088,650 $2,000,000 See Art. 11 0 $ 0 .0 0 $2,006',000 $ 0 PUBT~C WORKS: 23. Public Works Equipment 24. Water Main Rehab. - FY 93 25. *Two Rubbish Trucks 26. Sewer Sys Ext-GPR Phase 3 27. Sewer System Improvements 28. Bear Hill Storage Tanks SEE MOTE 29. Sutton Hill Storage Tanks 30. Road Improvement Program 31. Sewer Sys Ext-GPR Phase 2 Sub-Total - Public Works $ 148,000 700,000 150,000 1,500,000 1,000,000 460,000 $ 148,000 $ 148,000 50,000 50,000 150,000 Rec. @ T.M. 0 0 0 0 460,000 460,000 130,000 130,000 130,000 250,000 0 0 450.000 .450.000 450.000 $4,788,000 $1,388,000 $1,238,000 Total - Article #8 $19r487~890 S15. r277r950 ~ * Subject to continuation of existing trash collection program. Notes: The following projects will be brought forward to Town Meeting under separate articles: Item 9. Item 20. Item 28. Elementary School - Calzetta .Farm Site - Article #12 Library Addition and Renovation - Article #11 Bear Hill Storage Tanks - Article #9 Planning B0ar~Recommendations: Item 24. Item 28. Item 29. Item 31. Water Main Rehab. - FY 93 Bear Hill Storage Tanks Sutton Hill Storage Tanks Sewer Sys. Ext-GPR Phase 2 Favorable Action. Favorable Action. Favorable Action. Favorable Action. Board of Selectmen 11 ARTICLE 9. l~EPAIl~ TO BEAR HITW. RESERVOIRS. To see if the Town will vote to raise and appropriate the sum of $460,000 to be expended under the direction of the Town Manager for the purpose of providing engineering services including construction bidding and construction services to include repair, acquisition, and installation of the covers including support structures at the Bear Hill Reservoirs. Said appropriation to include the design of required pumping system, preparation of operation and maintenance procedures manuals and any other work necessary in order to insure the integrity and operation of the Bear Hill Reservoirs and to insure the compliance of the reservoirs with all State Regulations, and to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $460,000 under Chapter 44 of the Massachusetts General Laws as amended or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: No Action ARTICLE 10. CAPITAL IMPROVEMENTS RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $336,000 or any other sum, to establish the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for the approved FY 1993 Capital Improvements projects, as voted under Article #8, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action ARTICLE 11. STEVENS ~ORIAL ?~HRARY RENOVATIONS. To see if the Town will vote to appropriate the sum of $ 2,000,000 or any other sum for securing plans and specifications, including work drawings, retai~i~g the services of a construction manager, constructing an addition to and remodeling, reconstruction and making extraordinary repairs to the Stevens Memorial Library; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. 12 ARTICTm 12. CONS'~UCTION OF AN R?.~W~NTARY SCHOOL. To see 'if the Town will vol a to raise and appropriate the sum of $10,600,000 or any othE~r sum to be expended under the direction of the School Building ,~ommittee for the purpose of constructing, originally equipping and furnishing a new elementary school, ~ additional architectural services and including any necessar construction management Farm site; to determil raised by borrowing Selectmen to petition interest on the borrow~ if necessary; or to tak~ Board of Selectmen Rec~ Advisory Board Recommen¢ ARTICLE 13. ARCHI' Town will vote to resc] the 1989 Annual Town me~ Board of Selectmen Recol Advisory Board Recomme~ services to be located at the Calzetta ~e whether this appropriation shall be : otherwise; to authorize the Boar~ .of :he General ~ou.r~. for a~ act authorizing ng to be capitalized during construction, any other action relative thereto. School Committee mendation: Favorable Action. ~ation: Favorable Action. ~ECTURAL FEES FOR SCHOOLS. To see if the nd the action taken under Article #19 of =ting or to take any other action. Board of Selectmen =endation: Favorable Action. ation: To be made at Town Meeting. A~TICLE 14. GENE 1993. To see what ac T · recommendations of the beginning July 1, 1992, other action relative t! FY '92 DEPARTHENT BUDGET GENERAL 60VERNPIENT TO~N MANA6ER & BOARD OF SELl - includes Personnel (Salaries & Exp~ SALARIES $1~0,04( EXPENSES $42,30C OUT OF STATE TRAVEL TOIdN ACCOUNTANT SALARIES $ ! 05,6~53 EXPENSES $6,88C MODERATOR SALARIES $20C ADVISORY BOARD SALARIES tO EXPENSES $4,000 LE6AL AND AUDIT SALARIES tO EXPENSES $95,000. UNCLASSIFIED EXPENSES $1,200. TOTAL - 6ENERAL 60VERNNENT SALARIES $235,873. EXPENSES $149,;580. OUT OF STATE TRAVEL $0. :~385,253. ADMINISI'P~TION AND FINANCE TREASURY - Includes Assessing & CollecUon (Sale SALARIES $326,499.( EXPENSES $186,810.( b~L APPROPEIATION AHTI_r~m FOR FISCAL YEAR :ion the Town will take as to the budget Board of Selectmen for the fiscal year and ending June 30, 1993; or to take any Lereto. Board of Selectmen FY 93 FY 93 FY 93 DEPARTHENT BD OF SELECTHEN ADVISORY BOARD REQUESTS RECG'ir'iENDATIONS RECG'-J?/ENDATIONS ClTIEN nses) .00 .00 ,o00 $130,040.00 $128,710.00 $128,710.00 $42,300.00 $58,024.00 $58,024.00- $0.00 $0.00 $0.00 .00 $113,489.00 $113,489.00 $113,489.00 .00 $4,350.00 $4,550.00 $4,350.00 ,00 $200.00 $200.00 $200.00 .00 $0.00 $0.00 $0.00 .00 $4,000.00 $8,500.00 $8,500.00 oo $0.00 $0.00 $0.00 oo $95,000.00 $90,250.00 $90,250.00 )0 $1,200.00 $2,000.00 $2,000.00 )0 $243,729.00 S242,399.00 $242,599.00 ~0 '$146,850.00$163,124.00 $163,124.00 oo $o.oo to.oo $o.oo )0 ~3g0,579.00 ~405,523.00 ~405,523.00 · les & Expenses) ~0 $347,197.80 $347,198.00 $347,198.00 ~0 $105,859.00 $103,339.00 $103,339,00 14 FY DEPARTMENT BUD ADMINIST'EATION AND FINANCE TOWN CLERK SALARIES EXPENSES $4; DEBT REDEI"fPTION EXPENSES $ INTEREST ON DEBT EXPENSES $1: EHPLOYEE BENEFITS EXPENSES $2 GENERAL INSURANCE EXPENSES TOTAL - ADMINISTRATION AND SALARIES EXPENSES '92 GET (con*d) FY '93 DEPARTMENT RE~IESTS FY '93 BD OF SELEC1TIEN RECOMHENDATIONS ADVISORY BOARD RECOMMENDATIONS 63 ! .00 $51,221.00 $51,221.00 $51,221.00 700.00 $47,000.00 $47,000.00 $47,000.00 $1,678,500.00 ;442,099.97 $2,700,070.00 $1,520,000.00 $1,520,000.00 130.00 $ 1,608,899.00 $1,608,899.00 $2,620,070.00 $2,620,070.00 $$50,000.00 $522,500.00 $522,500.00 $398,418.80 $6,521~508.97 $6,919,927.77 $398,41 g .00 $6,421,808.00 $6,820.227.00 $398,41 g.o0 .$6,421,808.00 $6,820,227.00 PUBLIC SAFETY POLICE DEPARTflENT SALARIES $1 EXPENSES $269 OUT OF STATE TRAVEL $0.00 FIRE DEPARTMENT SALARIES $1 .00 EXPENSES $121 OUT OF STATE TRAVEL $0.00 CIVIL DEFENSE SALARIES 'EXPENSES TOTAL - PUBLIC SAFETY $3 $3 SALARIES EXPENSES OUT OF STATE TRAVEL .00 $1,499,885.00 $194,471.00 $o.oo 1,499,885.00 74,471.00 $o.oo $ ! ,887,741.00 $125,622.00 $o.oo $1,887,741.00 $105,6 ! 1.00 $o.oo $;3,903.60 $2,825.00 $3,904.00 $2,825.00 $3,391,529.60 $322,918.00 $o.oo $3~714~447.60 $3,391,530.00 $282,907.00 $o.oo $3~674~457.00 $1,499,885.00 $174,471.00 $o.oo $ 1.887,741.00 $105,611.00 $o.oo $3,904.00 $2,825.00 $3,391,5'30.00 $282,907.00 ,o.oo $3,674~437.00 15 t · FY 9.~ DEPARTMENT BUDGE T EDUCATION SCHOOL DEPARTMENT SALARIES $10,480,~ EXPENSES $3,049/ GR. LAW. REG. VOCATIONAL SC DOL ASSESSMENT 5138 ' 13.00 SCHOOL BUILDIN6 COMI'IITTEE SALARIES $2,~ 31.00 EXPENSES $5,E 10.00 TOTAL - EDUCATIOg SALARIES 510,483,.' 21.00 EXPENSES 53~ 194,0 ! 5.00 $13,677,4 56.00 The Advisory Boord recomme~ of Solaries end $62,000 ProposiLion 2 !12 6enar, PUBLIC WOPJCS O.P.W. - ADMINISTRATION AND - includes Street. Haint.. Refuse Co SALARIES $7§8,6 EXPENSES 51,052,9~ OUT OF STATE TRAVEL D. P. t11/. - YATER DEPAR111ENT SALARIES 5264,4~ 0,00 EXPENSES 5452,7(~0,00 OUT OF STATE TRAVEL ~0.00 g. P. ~. - SEWER DEPARTllENT SALARIES $120,5 5.00 EXPENSES 516.6~ 0.00 D. P. W. - eR. LAW. SANITARY DI STRICT ASSESSMENT 585 ! ,0( ~0.00 D. P. IV. - SNOW REMOVAL SALARIES 550,0( 0.00 EXPENSES $94,2C 0.00 gO.O0 92.00 FY '93 DEPARTMENT REQLIESTS FY '93 BD OF SELECTMEN RECOMMENDATIONS FY 93 ADVISORY BOARD RECOMMENDATIONS $11,244,472.00 $3,673,813.00 $10,760,790.00 $3,049,492.00 $ I 1,18g,2go.o0 53,111,492.00 $174,171.00 $174,171.00 $174,171.00 $2,631.00 $5,810~0 $2,631.00 $5,810.00 $2,631.00 $5,810.00 511,247,103~0 $3,853,794.00 $15,100,897.00 ~10,763,421.00 . 53,229,473.00 $13,g92,894~0 511,191,921.00 $3,291~473.00 514,483,394.00 dotion on Ule School department budget requires tbot $428.500 of Expenses be opproprioLed subject Lo a successful ii Override eincUon. PERATIONS · Tree, Pks. & Grnds, Pub. Bldgs. (Salaries & Expenses) ~§.00 $ 760,6§5.00 $ 725,922.00 )0.00 51 ,ogg, 156.00 $1,080,434.00 ',0.00 $0.00 $0.00 $725,922.00 $1,080,434.00 $o.oo $271,360~0 $271,360.00 5271,360.00 $434,764.00 5391,000.00 $3g1,000.00 $0.00 $0.00 $0.00 5117,300.00 5145200.00 $145200.00 $30,600.00 $80,100.00 $80, I00.00 $851,000.00 $g23~36.00 $g23,236.00 $30,000.00 530,000.00 $30,000.00 $94,200.00 $94200.00 $94,200.00 16 DEPARTMENT PUBLIC WORKS (con'U TOTAL - PUBLIC WORKS SALARIES EXPENSES OUT OF STATE TRAVEL FY ~.2 BUD~I !T $1,17;5/, $2,467,' PLANNING AND COMMUNITY DEVEI PLANNING DEPARTMENT - Includes Con. Comm. & Bd or Ap~ SALARIES $166 EXPENSES OUT OF STATE TRAVEL BUILDING DEPARTMENT - includes Sealer' of' Weights/Heas~ SALARIES $117,9 EXPENSES $5,6 FY '93 FY' 93 FY 93 DEPARTMENT BD OF SELECTMEN ADVISORY BOARD REQUESTS RECOHHENDATIONS RECOHHENDATIONS ;9~.00$1,179,;545.00 $1,172,482.00 $1,172,482.00 ~00.00$2,509,720.00 $2,568,970.00 $2,568,970.00 ~o.oo $o.oo $o.oo $o.oo 93.00 $3,689,065.00 $3,741,452.00 $3,741,452.00 )PI'lENT ~als (Salaries & Expenses) Et4.00 $162,904.08 $158,906.00 $!58,906.00 73.00 $10,475.00 $9,075.00 $9,075.00 to.oo to.oo to.oo to.oo res & Animal Inspect. (Salaries & Expenses) 40.32 $119,078.32 $ ! 27,635.00 ~0.00 $4,512.00 $5,012.00 INDUSTRIAL DEVELOPMENT COHMISSION EXPENSES $1,500.00 $127,635.00 $5,012.00 TOTAL - PLANN!N6 & CONM. DEVEI SALARIES $284,6: EXPENSES $ I OUT OF STATE TRAVEL $1,500.00 $1,500.00 $ 1,500.00 · )4.32 $281,982.40 $286,541.00 $286,541.00 !;5.00 $16,487.00 $15,587.00 $15,587.00 IO.O0 tO.O0 tO.O0 $0,00 I7.32 $298,469.40 $302~128.00 $302,128.00 HUMAN SERVICES HEALTH DEPAI~TMENT SALARIES EXPENSES COUNCIL ON -AI~IN6 SALARIES EXPENSES YOUTH SERVICES SALARIES EXPENSES $59,2 6.00 $29,9( 0.00 $69,3c. 3.00 $12,5c, 6.00 t~,ooo.oo $9,86~.00 $60,782.86 $62,16;5.00 $62,16;5.00 $44,075.00 $36,575,00 $36,575.00 $69,880.60 $79,141.00 $79,141.00 $12,108.00 $12,108.00 $12,108.00 $49,529.14 $47,260.00 $47,260.00 $7,591.00 $9, 100.00 $9, I00.00 17 FY DEPARTHENT BUD HUI'IAN SERVICES (con't,) V~NS SERVICES - includes 6r'aves Registration (Sal SALARIES : EXPENSES $12 COHI'IUIflTY CENTER SALARIES EXPENSES STEVENS MEMORIAL LIBRARY SALARIES :1:212 EXPENSES :1:90 RECREATION SALARIES :1:15 EXPENSES :1:6 HISTORICAL COHMISSION EXPENSES TOTAL - HUHAN SERVICES SALARIES EXPENSES :1:404,2 $ I $570,~ SUPItIARY SALARIES EXPENSES OUT OF STATE TRAVEL :1:16~75,~ :1:13.383,'~ 6RANDTOTAL $29,659,~ 12 FY :J3 FY :J;5 ET DEPARTHENT BD OF SELEC1TIEN RECIUESTS RECOHI'IENDATIONS ~ries & Expenses) 400.00 :1:400.00 350.00 :1:27,550.00 !85.00 :1:2,285.00 ;)50.00 $3,950.00 :1:400.00 :1:27,550,00 :1:0.00 :1:o.oo FY ~J3 ADVISORY BOARD I~COflHENDATIONS :1:400,00 :1:27,550.00 :1:0.00 :1:o.oo )48.00 :1:219,345.00 :1:213,345.00 :1:213,345.00 484.00 :1:83,187.00 :1:89,187.00 :1:89,187.00 )00.00 :1:15,000,00 :1:15,000,00 :1:15,000.00 )00.00 :1:6,000.00 :1:6,000.00 :I:6,000.00 500.00 :1:600.00 :1:600,00 :1:600.00 ;42.00 :1:417,~22.60 :1:417,309.00 :1:417,309.00 '40.00 :1:185,061.00 :1:181,120.00 :1:181, ! 20.00 '82.00 :1:602,283.60 $598,429.00 :1:598,429.00 25.92 :1:17,159,330.40$16,672,101.00 i: 17,100,601.00 25.08 :1:13,556,338.97:1:12,862 389.00:1:12,924,989.00 :1:0.00 :1:0.00 :1:0.00 :1:0.00 $29,535,090.00 51.00 $30,715,669.37 .. $,30,025,590.00 18 ARTICLE 15. STA9 will vote to authorize without further action become available as dE any other action relati Board of Selectmen Rec¢ Advisory Board Recomme: authorize the School further action by the available as state aid ARTIC?m 16. RENT~ to authorize the Sch agreement with the ] additional classroom sp School for a period nc other action relative t Board of Selectmen Recc ARTICLE 17. TRANS the Town will vote to salary account $ 80,59 salary accounts. Board of Selectmen Reco Advisory Board Recomm~ ARTICLE 18. SCH~ will vote to raise a: available funds) the s the direction of the S( students in grades 7-1~ students in grades 1-6 provided that said fun~ general override elect thereto. Board of Selectmen Re¢c Advisory Board Recommez ~ AID TO EDUCATION. To see if the Town the School Committee to accept and expend by the Town any increased funds which may signated state aid to education; or take ye thereto. School Committee mmendation: To be made at ToWn Meeting. ldation: To see if the Town will vote to Committee to accept and expend without Town any increased funds which may become designated for education. L A~RFJ~T. To see if the Town will vote col Committee to enter into a rental ~irst Calvary Baptist Church to lease ace to supplement capacity at the Atkinson ~t to exceed five (5) years; or take any hereto. School Committee mmendation: Favorable Action. FEROF ENCUMBERED SALARY FUNDS. To see if transfer the School Department's FY 1993 .00 encumbered from FY 1991 and FY 1992 School Committee ~endation: Favorable Action, ~ation: Favorable Action. ~ BIS TRANSPORTATION. To see if the Town nd appropriate (borrow or transfer from um of $ 206,502.00, to be expended under :hool Committee, to bus to and from school who live 2 miles or more from school and who live I 1/2 to 2 miles from school, is be subject to a successful Prop. 2 1/2 :ion; or take any other action relative School Committee mmendation: Favorable Action. ~ation: Favorable Action. 'CARBON REPLACENRNT FUND To see if. the Town will vote to raise and appropriate $100,000 as an addltion to the Replacement Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to t'.ake any other action relative thereto. Board of Selectmen Reco~ Advisory Board Recommen¢ ARTICLE 20. .I~SWt will vote to authorize be requested by the facilitate the refundil waste resource recove~ Agreement between including without Technologies Inc. performance under delivery of such the limi for the amen~ agreements with the Nort of Selectmen shall dete of the Town to effect si in relation thereto. Board of Selectmen Reco~ Advisory Board Recommend ARTICLE 21. PUR(~ Public Sewer and Lift .c will vote to raise and ~ expended under the dire purpose of purchasin, constructed by Angus Rea an interest in the real and Osgood Street on wh well as all equipment station; and to author Board of Selectmen to bc Chapter 44; Section 7 appropriation a spE M.G.L. Chapter 80 and benefited by such sewer Board of Selectmen ~endation: Favorable Action. [ation: Favorable Action. : REFUNDING ARTICle. To see if the Town the Selectmen to take such action as may North East Solid Waste Committee to of bonds issued to finance the solid facility referred to in the Service town and Massachusetts Refusetech, Inc. :ation the substitution of Wheelabrator Allied-Signal Inc. as the guarantor of ~ervice Agreement and the execution and ents to the Service Agreement and other h East Solid Waste Committee as the Board ~ine necessary and in the best interests [ch refunding; or act in any other manner Board of Selectmen mendation: Favorable Action. ation: Favorable Action. ~%SE OF PUMP STATION FROM ANGUS REALTY. ration Acquisition. To see if the Town ~ppropriate the su~ of $ 467,500.00 to be =tion of the Boardof Selectmen for the ~ a private .sewer and lift station lty and to acquire by fee and/or easement astate in the vicinity of Great Pond Road [ch the sewer pump station is located as and the building containing the pump ~ze the Treasurer with approval of the =row the sum of $ 467,500.00 under'M.G.L. for said purpose. And to meet this :cial betterment assessment under 83 shall be made upon the property and pump station acquisition. Board of Selectmen Board of Selectmen l~.c0mmendation: Favorable Action, provided that the purchase prlce shall be an amount ~ot in excess of actual, cost t~ Angus a~d shall be so certified by a firm of Certified Public Accountants and the acquisition shall not be 2O ,made until all impacted pro-rata cost of the direct payment or a bert Advisory Board Recommen the purchase price sba2 cost to Angus and shall Public Accountants, and property owners have agreed to pay their Town's purchase price either through a :erment assessment. dation: Favorable Action, provided that [1 be an amount not in excess of actual be so certified to by a firm of Certified the acquisition shall not be made until impacted all cost of the Town's purc~ or a betterment assessmE property Planning Board Recom~en¢ ARTICLE 22. M.G.L Town will vote to adopt General Laws which allo% local license or permit business who has failed Board of Selectmen Rec~ Advisory Board Recom~en~ ARTICLE 23. AUTHG FUNDS. To see if the for M.G.L. Chapter 90, the Article, allow the of Selectmen, to borr~ in anticipation of Stat Section 6A. Board of Selectmen Reco Advisory Board Recommend ARTICLE 24. ANm~D LAND PURCHASE. To see authorization to borrow, 30, 1989, Special Town ¢,wners have agreed to pay their pro-rata ase price either through a direct payment nt. ation: To be made at Town Meeting. CHAPTER 40, SECTION 57. To see if the Section 57 of Chapter 40 of the Mass. any city or town to deny or suspend any including renewals, for any person or to pay municipal taxes or charges. Director of Finance mendation: Favorable Action. ation: Favorable Action RIZATION OF M.G.L. CHAPTER 90 - HIGHWAY town will vote to appropriate $ 360,578. Road Repairs, and to meet the funding of ~reasurer, with the approval of the Board $ 360,578 of Chapter 90, Highway Funds, reimbursement under M.G.L. Chapter 44, Board of Selectmen mendation: Favorable Action. ation: Favorable Action. AUTHORIZATION TO BORROW - CALZETTA SITE if the Town will vote to reduce the as voted under Article #4 of the March Meeting; said authorization to borrow under M.G.L. Chapter 44 of $73,000 so that t $952,000, or to take an~ Board of Selectmen Recom Advisory Board Recommend , Section 7(3) to be reduced in the amount le total authorization as amended is action relative thereto. Director of Finance .endation: Favorable Action. ation: Favorable Action. 21 ARTICLE 25. WE~ FI?~NG FEES. To see if the Town will 'vote to appropriate $____ from the Wetland Filing Fees Accoun~ for use by the Conservation commission in the performance of their duties under t~e Wetlands Protection Act. Board of Selectmen Reco, Advisory Board Recommen¢ Planning Board Recouenc ARTICLE 26. ACCE will vote to accept the as awarded for FY 93 inserted by St. 1985 relative thereto. Board of Selectmen Reco Advisory Board Recomme~ ARTICrm 27. ACCEl will vote to approve Regional Vocationa~ Tee Education Opportunity G: take any other action rE Board of Selectmen Reco Advisory Board Recommen · ARTICLE 28..RESER raise and approprzate a to take any other actio Board of Selectmen Re, amount of $75,000. Advisory Board Recom~en of $75,000.' ARTICLE 29. SCH~ Conservation Commission ,mendation: To be made at Town Meeting. lation: ration: To be made at Town Meeting. Favorable Action. TANCE OF RR.O HONEY. To see if the Town EEO (Equal Educational Opportunity) Grant in accordance with M.G.L. Chapter 70A, as , C. 188; or to take any other action School Committee ~endation: Favorable Action. lation: Favorable Action. TANCE OF R~.O MONEY. To see if the Town the acceptance by the Greater Lawrence hnical High School District of an Equal · ant pursuant to M.G.L. Chapter 70A; or to ~lative thereto. Board of Selectmen ~endation: Favorable Action. lation: Favorable Action. /E FUND. To see if the Town will vote to sum of money to fund the Reserve Fund; or relative thereto. Board of Selectmen ommendation: Favorable Action, in the ~ation: Favorable Action, in the amount ~L COMMI~ HB~}~RS~p ON TRR. SCHOOL BUILDING CO_MMI~..E. TO see if the Town will vote to authorize ~he School Com=xttee, ~otwithsta~ding the provisions of Article #34 of the 19~5 Annual Town Meeting, to appoint three members to the School Building Committee annually, at least one appointee to be a member of the School Committee and the two remaining 22 .appointees to be either 'citizens of the Town. Building Committee will their terms of office. members of the School Committee or other Ail current appointments to the School remain in effect until the expiration of Ail new appointments will be made in accordance with this section. The four remaining appointments made by the Moderator will not change, or take any other action related thereto. School Committee ARTIC~m 30. VOTE ~HE TOWN ACCEPT THE PROVISIONS OF M.G.L. CH. 30B. To see if the Town will vote to adopt M.G.L. Ch. 30B which define procurement procedures for municipalities or to take any other action relatiw thereto. Board of Selectmen Board of Selectmen Recom,endation: Favorable Action. Advisory Board Recommend~tion: Favorable Action. ARTICLE 31. ADOI~ [ON OF PERSONNEL BY-LAW. To see if the Town will vote to rep~ ~1 its "Personnel By-Law" as originally adopted at the Annual Town Meeting of March 14, 1964, Article #10, (and since amended from time to time) and to enact and substitute in its place the "Personnel By-Law" as proposed and presented by the Per~onnel By-Law Committee. Full text of the p::oposed by-law will be available at Town Hall, Stevens Memorial I,ibrary, with the posting of the Warrant in each voting precinct, and at Town Meeting. Board of Selectmen Board of Selectmen Reco~,endation: To be made at Town Meeting. ARTICLE 32. TOWN ~ETING EXPENDITURES REQUIRING MORE THAN $1 MILLION FOR ANY CONS~ vote to require any Art requiring an expenditure Dollars) for any construe voted on by the Town Vot. election or on a speci include any necessary amE Board of Selectmen Reco~m ARTIC~m 33. TOWN return Town Meetings to including any necessary Laws. Board of Selectmen Reco~ ~CTION PROJECT. To see if the Town will icle which is passed at a Town Meeting of more than $ 1,000,000.00 (One Million :tion project be placed on a ballot to be ars of North Andover at the next regular ~1 election if necessary. Action may ~ndments to the Town Charter or by-laws. George F. Henderson and Others ,endation: To be made at Town Meeting. ~INGS. To see if the Town will vote to Saturday in place of evening meetings amendments to the Town Charter or By- George F. Henderson and Others endation: To be made at Town Meeting. 23 ARTICLR 34. REVIS'. vote to delete Chapter Bylaws of the Town of No Board of Selectmen Reco-- Planning Board Recommend. ARTICT~ 35. FIRE the Town will vote to am~ #1 Fire Detection and and to insert the foll through 69-7.4. SECTION 69-1 PURPOSE AND This by-law shall a maintenance of fire and medical aid alarm system Fire Department by the mt or on a telephone dial audible signals at the connected system. By definition "Ala~ purpose of notification emergency situation at a the system are installed SECTION 69-2 ALARM INSTAl As of the effective equipment designed installed without a designee. Existing three (3) months of Fire Chief shall £ONS TO BYLAW. from Part 1, rth Andover. To see if the Town will Division 1 of the Codified Conservation Com-ission ~endation: Favorable Action. ~tion: Favorable Action. DETECTION AND ~ SYSTEMS. To see if ~nd the Town By-Law striking from Article Alarm Systems Section 69-1 through 69-7 owing language listed as Sections 69-1 SCOPE pply to the installation, operation and medical aid alarm systems. Fire and s shall include systems connected to the micipal fire alarm circuit, direct wire, up basis and systems which use exterior alarm location as a function of the m Systems" are those installed for the to the proper response authority of an property where the component devices of ,LATION AND PERMIT REQUIREMENTS date of this by-law, no alarm system or to summon the Fire Department shall be permit signed by the Fire Chief or his alarm systems must obtain permit within the effective date of this by-law. The prescribe an application form for implementation of :his by-law. The fee f?r this alarm permit shall be tem d?llars ($10.00). The Fire Department shall be called ~o inspect the installation after its .ch inspection there will be a fee of .00). ~it or inspection fees may be made with to the general public and with the d of Selectmen. :e alarm user may contract with an alarm choice for the purchase, lease, ~rvicing of an alarm system on their completion, for wh: fifteen dollars ($1~ Changes in the per~ sixty days notice approval of the Boax Any current company of installation premises. or futu~ their and si 24 Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emergency Fire Department telephone number designated for that purpose. de Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire Chief for this service. ee The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alarm receiving equipment. f® The Fire Department will make every effort to insure the proper operation of its alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. SECTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148 Section 27A and Section 28. SECTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT Ail alarm systems installed after the effective date of this by-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. All existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this by-law. This section shall not apply to audible sprinkler alarm bells either mechanical or electrical which are utilized to indicate a water flow. SECTION 69~5 ALARM SYSTEM REGULATIONS AND MAINTENANCE ae Each alarm user shall submit to the Fire Chief the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this 25 information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. be Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of M.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69 5(a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. Ce Ail premises shall have their legal visible as per existing town by-law any alarm to the Fire Department. street number clearly prior to connection of de Ail premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. SECTION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. SECTION 69-7 FALSE ALARM ASSESSMENT Definition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. A® Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: 26 Fire Alarm & Emergency Medical Systems FALSE ALARM I THROUGH 3 4 THROUGH 5 6 OR MORE ASSESSMENT NONE $200.00 EACH SS00.00 EACH The Fire Chief shall have the authority to waive any assessment if in his judgement extenuating circumstances justify such a waiver. After a third false alarm within twelve months, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the current twelve (12) month period, from the date of the first false alarm, will result in an assessment charge. Alarm users who present a valid service contract or Similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessments. It is the intent of this section to have the systems maintained on a regular basis. False alarms equipment or assessment. caused by faulty telephone service, municipal electrical storms will be excluded from Ce False alarms received during the first thirty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. Determination that a false alarm has been transmitted will be the judgement of the Fire Chief or his duly appointed duty officer. Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. SECTION 69-7.1 CONNECTION FEES Each alarm user shall on or before October 1st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.00/alarm box $ 10.00/signal 27 · NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 SECTION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more that $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Ce Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. Failure to comply with the requirements set forth in these regulations. ee Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. Causing, through negligence, a condition which interferes with the operation of, or causes damage to the municipal fire alarm system. he Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification of the residents of a dwelling shall be installed and/or maintained in a usable state. 28 Section 69-7.3 APPEALS Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a f~rthe~ appeal may b~ made to the Town Manager. If the appellant is stlll not satisf~ed~ a further appeal may be made to the Board of selectmen whose ruling shall be final and binding. Section 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. Fire Chief William V. Dolan Board of Selectmen Recommendation: Favorable Action. ARTIC~m 36. AMEND ~ CODE OF THE TOWN OF NORTH ANDOVER. To see if the Town will vote to amend Chapter 77, Section 77-1 of the Code of North Andover to read as follows: Section 77-1 Buildinq Permit Fees, E×clusive of Mechanical and Utility Fees The estimated cost of new construction shall be based on a cost factor of sixty five ($65.00) dollars per square foot. Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. C' Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. De Copies of actual contract price shall be submitted with the Building Permit Application. Building permit fees shall not be municipally owned building or structures. paid on mechanical and utility work only. required for Fees will be 29 The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. Board of Selectmen Recommendation: Favorable Action. ARTICLE 37. AN~ND GENERAL BYLAWS - SECTION 117-2. To see if the Town will vote to amend Chapter 117-2 of the General By- laws of the Town, by deleting the existing Section 117-2 in its entirety and substituting the following: Gasoline stations may be operated as either full- service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline is generally pumped by the customer holing the nozzle; o~ a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others Board of Selectmen Recommendation: Unfavorable Action. ARTICLE 38. OPPOSITION OF HOTW~NGS BI?~.. To see if the Town will vote to direct the Board of Selectmen to communicate the vote of Town Meeting to the Town's representatives in Congress, the entire Massachusetts delegation and the President. That the Town of North Andover does not support legislation in Congress, known as the "Hollings Bill", that threatens the security of jobs in the Merrimack Valley and the technology leadership of the United States of America in the areas of telecommunications, transmission equipment and services. Mark S. DiSalvo and Others ARTICLE 39. REDUCTION OF MILITARY EXPENDITURES. To see if the Town will vote to instruct our Representative Nicholas Mavroules and our Senators, Edward M. Kennedy and John F. Kerry, to take all suitable measures: To enact reductions in military expenditures of at least fifty percent (50%) by the 1996 budget year. To provide assistance to communities and employers to convert from military to peace-time production; and 30 To reallocate funds from military uses to meet domestic needs such as health care, education and environmental protection, and to reduce the federal deficit. Lois P. Fisher and Others ARTICLE 40. RELEASE OF EASEMENT - BRIDLE PATH. To see if the Town will vote to release its right, title and interest in a twenty (20) foot drainage easement over and across lots one (1) and thirty four (34), Bridle Path Road, North Andover, being N/F of Mr. James and Margaret Walker· Being more specifically shown on a plan entitled "Definitive Plan of Land of Great Pond Woodland, located in North Andover, Massachusetts" Dated August 23, 1976, Frank C. Gelinas and Assoc., Engineers, which plan is recorded with the Essex North Registry of Deeds as Plan #7548. Willism A. CFr, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting· Planning Board Recommendation: Favorable Action, upon securing correct easements· ARTICLE 41. ROADWAY ACCEPTANCE - DUFTON COURT. To see if the Town will vote to accept Dufton Court as a Public Way, as shown on the following plans: Plan entitled Plan of Land owned by the Andover Savings Bank, in North Andover, Massachusetts, dated July 1936, prepared by D.W. Clark C.E., and recorded with the North Essex Registry of Deeds on 9/24/36 as plan # 998. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting· Planning Board Recommendation: Favorable Action· ARTICrm 42. ROADWAY ACCEPTANCE - EVERGREEN DRIVE. To see if the Town will vote to accept Evergreen Drive as a Public Way, as shown on the following plans: Plan entitled Plan of Chestnut Acres, Massachusetts prepared by Frank C. Gelinas, North Andover, Massachusetts, dated May recorded with the North Essex Registry of 2, 1967 as Plan #5738. North Andover, 56 Gray Street, 16, 1967 and Deeds on October Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 3! ARTIC~m 43. ROADWAY ACCEPTANCE - SUTTON PLACE. To see if the Town will vote to accept Sutton Place as a Public Way, as shown on the following plans: Plan entitled Plan and profile of a portion of Sutton Hill, North Andover, Massachusetts, dated November 1966, prepared by Charles E. Cyr, C.E., Lawrence, Massachusetts, and recorded with the North Essex Registry of Deeds on August 4, 1967 as plan #5709. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTIC~.R 44. ROADWAY ACCEPTANCE - BERKELEY ROAD. To see if the Town will vote to accept Berkeley Street as a Public Way, as shown on the following plans: Plan entitled "Plan of Trafalgar Estates, located in North Andover Massachusetts, owned by Thomas J. Flatley", dated October 27, 1976,-prepared by Frank C. Gelinas and recorded in the North Essex Registry of Deeds on March 3, 1978, as Plan #7778. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTIC?m 45. ROADWAY ACCEPTANCE - SPRUCE AND m~4LOCK STREETS. To see if the Town will vote to accept Spruce and Hemlock Streets as Public Ways, as shown on the following plans: Plan entitled "Plan and Profile of a portion of Spruce and Hemlock Streets, North Andover, Massachusetts", dated November 1948, and prepared by Fred W. Stowers R.S. Methuen, Massachusetts and recorded with the North Essex Registry of Deeds on December 22, 1948 as Plan #1977. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 32 ARTIC~m 46. ROADWAY ACCEPTANCE - MILT. ROAD To see if the Town will vote to accept Mill Street as a Public Way, as shown on the following plans: Plan entitled "Estate of Harriet Fisher, North Andover, MaSs.,, Prepared by Horace Hale Smith, Dated Oct 1922 and recorded with the North Essex Registry of Deeds on Nov. 21 1922 as plan # 485; ' Plan entitled "Plan of Land in North Andover, Mass." Dated Oct 16, 1985, Prepared by Hayes Engineering Inc., Wakefield Mass., Recorded with the N.E.R.D. on 12/6/85 as plan # 10115; Plan entitled "Plan of Land in North Andover, Mass. as surveyed for Helen M. Kellner,, Dated 1/6/86, Prepared by Robert G. Goodwin, Andover Mass., Recorded with the N.E.R.D. on 8/8/86 as plan # 10390; Plan entitled "Plan of Land in North Andover, Mass., as surveyed for Helen M. Kellner" Dated April 12, 1982, Prepared by Robert G. Goodwin, Andover, Mass., recorded with the N.E.R.D. on 10/8/82 as plan # 8988; Plan entitled "Plan of Land in North Andover, Mass., Owned by Helen M. Kellner". Dated April 17, 1981, Prepared by Robert G. Goodwin, Andover, Mass., and Recorded with the N.E.R.D. on April 15, 1981 as plan # 8608; Plan entitled "Plan of Land in North Andover, Mass., owned by Sydney C. Rea, Dated Feb. 15, 1956, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., Recorded with the N.E.R.D. on May 9, 1956 as Plan # 3250; Plan entitled "Plan of Land in North Andover, Mass., for Yankee Technology Corp., Dated 8/13/83, prepared by Plaistow Consultants, and recorded with the N.E.R.D. on Oct. 13, 1983, as plan # 9273; Plan entitled "Plan of Starrett Acres, North Andover, Mass., owned by George H. Farr & Wanda H. Farr, dated Nov. 2, 1963, prepared by Harry D. Berry and recorded on 2/14/64 as plan # 4945; Plan entitled "Plan of Land in North Andover, Mass., owned by Kathryn A. Starrett, Dated 10/16/59, prepared by Ralph B. Brassuer, C.E. Haverhill, Mass., recorded with the N.E.R.D on Nov. 2, 1959 as plan # 3965. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 33 · ARTICT~ 47. ROADWAY ACCEPTANCE - CHRISTIAN WAY. To see if 'the Town will vote to accept Christian Way from Bridges Lane to its .end, a street constructed by developers under the requirements of the Subdivision Control Law and as laid out according to plans duly recorded with the North Essex Registry of Deeds as Plan #10469 on file with the Town Clerk, including the taking or acceptance of easements as shown on said plans; or take any other action relative thereto. The taking or acceptance to be from Station 0.00 on said Plan Westerly to Station 3 & 61 and Easterly to Station 11 & 28. Nancy B. Norbedo and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action, with resolution of any Department of Public Works, issues. ARTICLE 48. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if the Town will. vote to a~cept Tiffany Lane as a public way. Said Tiffany Lane is set out in a definitive subdivision plan approved by the North Andover Planning Board of June 2, 1988, and recorded at the Essex North Registry of Deeds as Plan #11162. Peter G. Shaheen and others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 49. ROADWAY ACCEPTANCE - CRANBERRY LANE. To see if the Town will vote to accept the roadway as a public way, namely Cranberry Lane from Station 0-00 to Station 7-63.15 as shown on a plan entitled "Cranberry Lane Subdivision Plan of Land in North Andover, Massachusetts, for Flintlock Realty Trust, P.O. Box 531, North Andover, Massachusetts", prepared by DiPrete, Marchionda & Assoc., Inc., 185 New Boston Street, Woburn, Mass., dated February, 1986 with revisions through September 19, 1986 and recorded in Essex North Registry of Deeds as Plan No. 10461. David A. Kindred and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTIC?m 50. REZONE PARCEL OF LAND AT 846 C~~ ST~. To see if the Town will vote to rezone 846 Chestnut Street, map 00107C, parcel 000019 recorded in the Northern Essex Registry of Deeds in Book 3149, Page 254, dated 8-20-90 from Industrial One (1) to Residential Two (2). Louise A. Digrandi, ~thleen A. Wassberg and others Board of SelectmenReco~mendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 34 ARTICLE 51. REZONING PARCEL OF LAND ON CHICIrRRING ROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly 'side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shOwn as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40~ dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded witch the EsSex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust~ deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 35 ARTICLE 52. MODIFY ZONING BYLAW, SECTION 4.125. To see if the Town will vote to modify the Zoning Bylaw, Sections 4.125 Residential Six, (R-6), Buildings and Uses permitted, as follows: A. Delete usage 4. 125 (2) , "Two family residential structures". B. Delete usage 4.125(3), "Multi-family residential structures, not exceeding 7 dwelling units per structure." Renumber usages 4.125(4) through 4.125(21) as 4.125(2) through 4. 125 (19) respectively. Following 4.125-19, as renumbered, the paragraph relating to uses allowed by Special Permit shall be amended so as to read as follows: "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" Add a paragraph 5 to uses allowed by Special Permit to read as follows: Se Multi-family residential structures, not to exceed 7 dwelling units per structure. Ail multi-family structures shall conform to the following dimensional criteria:.' Lot area min. sq. ft: 130,680 Street frontage min. ft: 150(13) Side set back min. (ft) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max. (ft) 35 Front set back min. 25 Rear set back min. 30 Lot coverage max. 20% Herbert P. Redman and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 53. MODIFY ZONING BYLAW, TABLF~ i & 2. To see if the Town will vote to modify Tables i & 2 of the Zoning Bylaw with respect to the Residential Six Zoning District, as follows: TAB?.R 1, SUMMARY OF USE REGULATIONS Amend the Residential Six (R-6) Column as follows: Use Two Family Dwelling Multi Family Dwellings Existing Proposed Yes No* Yes* SP* 36 TABT.~ 2, SUMMARY OF DIMENSIONAL REQUIREMENTS Requirement Lot Area Min. Sq. Ft. Height Max. (ft) Street Frontage Min. ft Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor Area Ratio Max. Lot Coverage Max. Dwelling Unit Density Existinq PrOposed 130,680 5,000 35 35 150(13) 75(13) 25 20 15 12 30 25 0.25:1(15) 0.25:1(15) 20% 25% 9/acre(12) N/A Herbert P. Redman and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICTm 54. AMENDMENT OF ZONING BYLAWS. To see if the Town will vote to amend its Zoning Bylaws by changing the zoning map of the Town from R-2 to I-1 for the hereinafter described parcel of land. That portion of Parcel 75 on the current North Andover Assessors's Map 25 which is Southerly of the present zoning line. Said parcel in its entirety is shown to contain 26.04 acres. The portion of the Parcel that is presently zoned R-2 contains approximately 8 acres. The portion that is Southerly of the present zoning line is generally bounded and described according to said Assessor's Map as follows: EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY by land of ARC Corporation and land of Alison J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; and by other land of Business Park Trust and land of WOR Associates Limited Partnership Stephen E. Foster and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. 37 ARTICT.~. 55. AMEND ZONING BY-LAW. To see if the Town will vote to amend the North Andover Zoning By-Law and map to change from the existing zoning designation Business-1 to Business-2 the following parcel of land situated at Saville Street, North Andover, bounded and described as set forth in exhibit to be attached hereto. EXHIBIT A That certain parcel of land situated in North Andover in the County of Essex and said Commonwealth, bounded and described as follows: Northwesterly by Saville Street one hundred seventy-six and 38/100 (176.38) feet~ Northeasterly by lot six (6) as shown on plan hereinafter mentioned one hundred fifty~two and 8/10 (152.8) feet~ Southeasterly by land now or formerly of Calvin C. Rea sixty-four and 42/100 (64.42) feet, and Southerly in a broken line by land now or formerly of Harry W. Clark two hundred eighteen and 1/10 (218.10) feet. All of said boundaries are determined by the Court to be located as show~ on Plan No. 3263B, drawn by Ernest W. Branch, Surveyor, dated August 20, 1913, as modified and approved by the Court, filed in the land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 385, Book 3, Page 513, and being designated as lots one (1) to five (5) inclusive thereon. Also lots six (6) to eleven (11) inclusive as shown on above-mentioned plan bounded and described as follows: 38 Northwesterly by Saville Street one hundred twenty (120) feet; Westerly by Saville Street sixty (60) feet; Northerly by lot twelve (12) on said plan one hundred (100) feet, and Southeasterly by land now or formerly of Calvin C. Re~ two hundred fifty-nine and 01/100 (259.01) feet. Douglas E. Small and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 56. AMENDMENT OF THE ZONING BYLAW. To see Town will vote to amend S~tion 4.133 Paragraph 6 of the Andover Zoning Bylaw by adding the following wording: if the North "Any dumping of ash or other hazardous material generated by such facility shall be subject to a Special Permit." Manuel F. Arista and Others Board of Selectmen RecoRendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action with amendment, Special Permit Granting Authority to be the Planning Board. 39 ·ARTICLE 57. AMEND~ OF ZONING BYLAW RELATIVE TO THE 'REG~ILATION OF SIGNS AND OUTDOOR LIGHTING. To see if the Town will vote to amend the Zoning Bylaw by removing the following paragraph as it may relate to the regulation of Signs and Outdoor Lighting= Paragraph 6.7.6 No political sign shall be maintained or erected in the Town. Ail associated text shall be punctuated and renumbered appropriately. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 58. RESTRICT TRAVEL OF SA?.~ STREET, APPLETON STREET AND DALE STREET. To see if the Town will vote to restrict travel on Salem Street, Appleton Street, Dale Street and Boxford Street to vehicles weighing less than 2 1/2 tons and post those streets with signs indicating that restriction is in effect. Explanation: As a result of restricting travel on Great Pond Road and others, through traffic has been funnelled to Salem Street, Appleton Street, Dale Street, and Boxford Street. This article would direct heavy trucking to the State Highways Route 125 and 133 where it belongs. Paul G. Dyer and Others Board of Selectmen Recommendation: To be made at Town Meeting. 40 And you are directed to serve this Warrant by posting true ~and attested c?pies. , 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.-k~ day of April, Nineteen Hundred and Ninety-Two. NORTH ANDOVER BOARD OF SELECTMEN irman MARTHA J '. ~%~O~, Clerk IC~. B~KEI%MAN, Member SEAN J. FOUNTAIN, Member DONALD B. STEWART, Member Atte .~ .~.~.~ ~.. Constable North Andover, Massachusett~_~ ~/~~ ATTEST: A True Copy 41