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Home My WebLink AboutPUBLIC COPY 2002 ANNUALTOWN MEETING WARRANT AND REPORT OF FINANCE COMMITTEE WARRANT ARTICLES - TABLE OF CONTENTS Page No. Article 1 Reports of Receipts,Expenditures and Special Committees W2 Article 2 Authorization Contracts in Excess of Three Years W3 Article 3 Authorization to Accept Grants of Easements W3 Article 4 Authorization to Grant Easements W3 Article 5 Reauthorization of Revolving Fund-Board of Health W4 Article 6 Prior Years Unpaid Bills W4 Article 7 Fiscal Year 2002 Budget Transfers W4 Article 8 Petition to Direct School Building Committee Not to Demolish High School W5 Article 9 Architectural Fees-New Foster Farm School W5 Article 10 New Elementary School at Foster Farm W6 Article 11 Capital Improvement Plan Appropriation Fiscal Year 2003 W7-W11 Article 12 General Appropriation Article for the Fiscal Year 2003 W11-W24 Article 13 Compensation of Elected Officials W24 Article 14 Water enterprise Fund Appropriation for Fiscal Year 2003 W25 Article 15 Sewer Enterprise Fund Appropriation for Fiscal Year 2003 W26 Article 16 Steven's Estate Enterprise Fund Appropriation for Fiscal Year 2003 W27-W28 Article 17 Beede Waste Oil Settlement W29 Article 18 Community Preservation Fund Report W30 Article 19 Appropriations-Community Preservation Fund W30 Article 20 Fiscal Year 2002 Land Acquisition Mary Charles AKA Half Mile Hill W30-W31 Article 21 Petition General Court-Permanent Deed Restriction-Mary Charles Property W32 Article 22 Acquisition of Real Estate-Boxford and Foster Streets W32 Article 23 Amend Water Enterprise Fund FY 2002-Land Acquisition Great Pond Road W33 Article 24 Report of Beaver Issues Committee W33 Article 25 Revocation of Civil Service W33-W34 Article 26 Acceptance of Ownership of Roadway-Foxwood Drive and Weyland Circle W34 Article 27 Acceptance of Ownership of Parcel A and Parcel B Foxwood Drive&Weyland W35 Article 28 Use if Foxwood Bond Funds W35 Article 29 Acceptance of Land-English Circle W36 Article 30 Petition the General Court-Boundary Change-Boxford&North Andover W36-W37 Article 31 Amend Zoning Bylaw-Section 8.7-Growth Management W38 Article 32 Amend Zoning Bylaw-Non-Conforming Uses and New Section 9.3 W38-W40 Article 33 Amend Zoning Map-Portion of Osgood Street-Barrett Petition W41-W42 Article 34 Amend Zoning Map-Map 25 Parcel 4-Willow Street-Annaloro Petition W42-W43 Article 35 Discontinuance of Public Way-Wood Lane-Murray Petition W43 Article 36 Street Acceptance-Keyes Way W44 Article 37 Street Acceptance-Acushnet Street-Vasapolli Petition W44 Article 38 Street Acceptance-Salle Way-Elias Petition W44 MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W1 p10RTy O�S1.ED ib�+ 6 0 o 'Ic �9SSACHUSE� Town of North Andover May 13, 2002 Annual Town Warrant 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 the North Andover High School Field House on Monday, May 13, 2002, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Receipts, Expenditures and Special Committees. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2001 Annual Town Report and to hear the reports of any special appointed committees. Board of Selectmen MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W2 Article 2. Authorization of the Town Manager or Superintendent of Schools Re2ardin2 Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action EXPLANATION.• Town counsel recommends this recurring Article. Article 3. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and the Committee deem in the best interest of the Town; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To be made at Town Meeting EXPLANATION.• This is a recurring article that allows the Board of Selectmen and the School Committee the authority to act. Article 4. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer and utility purposes on terms and conditions the Board and the Committee deem in the best interests of the Town; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To be made at Town Meeting EXPLANATION.• This is a recurring article that allows the Board of Selectmen and the School Committee the authority to act MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W3 Article 5. Reauthorization of Revolving Fund — Board of Health. To see if the Town will vote to authorize the use of a revolving fund for Fiscal Year 2003 pursuant to Chapter 44, Section 53E '/2 of Massachusetts General Laws for the purpose of allowing the Board of Health to retain consultants and services in order to monitor and enforce operating permits and conditions of environmental and regional services facilities located in North Andover, including the enforcement of truck routes; further that payments made to the Town by Wheelabrator-North Andover, Inc. and the Greater Lawrence Sanitary District under terms of their host community agreements and permits specifically earmarked to offset such monitoring and enforcement be deposited in such revolving fund; and that the total amount of expenditure shall not exceed $75,000; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Finance Committee Comment: The revolving fund will allocate revenues as described in the Article to be utilized to offset expenses directly associated with monitoring activities. The current balance in the account is the original $50,000, no funds having yet been expended. Article 6. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Article 7. Fiscal Year 2002 Budget Transfers. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2002 voted under Article 6 of the 2001 Annual Town Meeting and amended under Article 1 of the Special Town Meeting on December 3 2001; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Finance Committee Comment: Seeks to transfer from accounts with surpluses to accounts with deficits for FY 2002, an action taken to reduce or eliminate the need to carry prior-year deficits into the FY 2003 budget. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W4 Article 8. Petition to Direct the School Building Committee Not to Demolish Existing High School Structure. To see if the Town will vote to direct the School Building Committee/Department not to demolish the High School structure that presently exists and to authorize the Board of Selectmen to swap any land that might be necessary to accomplish this; or take any other action relative thereto. Petition of Eugene P. Willis and others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: To be made at Town Meeting Article 9. Architectural Fees for a New Foster Farm Elementary School. To see if Town will vote to raise and appropriate the sum of$2,267,133 to be expended under the direction of the School Building Committee for the purpose of obtaining all necessary services for the development of an architectural design and plan for a new elementary school to be located at the Foster Farm site; and to determine whether this appropriation shall be raised by borrowing or otherwise; or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: No Action Planning Board Recommendation: To be made at Town Meeting Finance Committee Comment. The Finance Committee recommends this same project for this same amount in the Capital Improvement Budget, Article 11. Assuming this project is approved in the Capital Improvement Budget then there is no need for duplicate approval in this Article. Similarly, Article 10 `New Elementary School at Foster Farm' includes this same project and, if the project is approved in the Capital Improvement budget, then there is no need for a duplicate approval in that Article. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W5 Article 10. New Elementary School At Foster Farm — Boxford Street. To see if the Town will vote to raise and appropriate the sum of $22,800,000 for constructing, originally equipping and furnishing a new 800 student (K-5) elementary school, including any necessary additional architectural services, construction management services and site development, such school to be built at the Foster Farm site on Boxford Street; or take any other action relative hereto; And whether to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $22,800,000 under Chapter 44 of the General Laws and under Chapter 645 of the acts of 1948, as amended; That this appropriation be expended under the jurisdiction of the School Building Committee, which shall be authorized to take any other action necessary to carry out this project; Provided, however, that no debt may be incurred under this vote, except for costs associated with planning and other preliminary expenses, until the State Department of Education has included the town's application for state school construction grant on its list of completed project applications, showing the priority assigned; Provided that this vote shall not take effect until the Town votes to exempt from the limitation on total taxes imposed by Massachusetts General Laws Chapter 59, Section 2 1 C (Proposition 2 '/2) amounts required to pay principal of and interest on the borrowing authorized by this vote; And that the Board of Selectmen is authorized to petition the General Court for an act to authorize the capitalization of the interest during construction of the school project; or take any other action relative there. Petition of Samuel Ameen and others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: Unfavorable Action Planning Board Recommendation: To be made at Town Meeting Finance Committee Comment. The Finance Committee recommends the architectural fees for this project in the Capital Improvement Budget, Article 11. Assuming this project is approved in the Capital Improvement Budget then there is no need for duplicate approval in this Article. The balance needed to complete this project will be brought forward at a subsequent meeting for voter approval. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W6 Article 11. Capital Improvement Plan Appropriation for Fiscal Year 2001 To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program; or take any other action relative thereto. Board of Selectmen Capital Improvement Budget Fiscal Year 2003 GENERAL FUND Board of Finance Fund Manager Fund Selectmen Fund Committee Department Project Description Code Recommends Code Recommends Code Recommends 1 Public Schools Replace Kttredge Heating System 5 490,000 5 490,000 5 490,000 2 Feasibility Study New Elementary Sch. 5 204,654 3 Design New Elementary School 5 2,267,133 5 2,267,133 4 Relocate Central Office 5 School Technology 5 139,820 5 139,820 5 139,820 6 Repaving Project 7 Technology A,F,K,S Elem 5 225,520 5 225,520 5 225,520 8 Technology HS,MS,Sarg 5 188,520 5 188,520 5 188,520 sub-total 1,248,514 3,310,993 3,310,993 9 Community Dev. Town Hall Phase 1 5 2,500,000 5 2,000,000 5 2,000,000 10 Fire SCBA Reclacement 5 171,600 5 171,600 5 171,600 11 Public Safety Technology 5 144,073 5 144,073 5 144,073 sub-total 315,673 315,673 315,673 12 Police New Police Station 5 7,330,583 5 7,330,583 5 730,000 13 Public Safety Technology 5 144,073 5 144,073 5 144,073 sub-total 7,474,656 7,474,656 874,073 14 DPW 3/4 Ton Pickup 2 30,000 2 30,000 2 30,000 15 Gang Mower 5 80,000 5 80,000 5 80,000 16 Dump Truck w/sander 2 98,200 2 98,200 2 98,200 17 Recycle Truck 5 102,000 5 102,000 5 102,000 18 Sweeper 5 105,000 5 105,000 5 105,000 19 Roadway Imporvements 5 199,896 5 199,896 5 199,896 20 Sidewalk Construction 2 80,400 2 80,400 2 80,400 sub-total 695,496 695,496 695,496 TOTAL GENERAL FUND 12,234,339 13,796,818 7,196,235 WATER ENTERPRISE 21 Andover Interconnection 6 936,000 6 6 936,000 22 Water Main Rehab 6 790,000 6 6 790,000 TOTAL WATER FUND 1,726,000 0 1,726,000 MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W7 Board of Finance Fund Manager Fund Selectmen Fund Committee- Department Project Description Code Recommends Code Recommends Cade Recommends` SEWER ENTERPRISE 23 Sewer System Imp 1/1 7 100,000 7 7 100,000 24 Sewer System Ext.in Watershed 7 988,000 7 7 988,000 TOTAL SEWER FUND 1,088,000 0 1,088,000 STEVENS ESTATE AT OSGOOD HILL 25 Gatehouse Improvements 8 50,000 8 26 Landscape Phase 111 8 62,598 8 8 40,000 27 Main House Brick repointing 8 8 150,000 28 Main House Window Replacement 8 150,000 8 TOTAL STEVENS ESTATE FUND 262,598 0 190,000 *Recommendation to be made at Town Meeting Code and Funding Recommendations 1 Raise&Appropriate-General 0 0 0 2 Raise&Appropriate-General Override 208,600 208,600 208,600 3 Raise&Appropriate-Water 0 0 0 4 Raise&Appropriate-Sewer 0 0 0 5 Bonds/Notes-General 12,025,739 13,588,218 6,987,635 6 Bonds/Notes-Water 1,726,000 0 1,726,000 7 Bonds/Notes-Sewer 1,088,000 0 1,088,000 8 Stevens Estate Reserve 262,598 0 190,000 9 Debt Excluded Bonds/Notes 0 0 0 10 Other Available Funds 0 0 0 Total All Capital 15,310,937 13,796,818 10,200,235 Planning Board Recommendation: To be made at Town Meeting Finance Committee Comment: What is a Capital Improvement? A capital improvement is a major, non-routine expenditure for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure, with an estimated useful life of five (5) years or more, and a cost of $25,000 or more. How are Capital Improvement Items Selected&Prioritized? Department supervisors submit a list of capital improvement to the Town Manager in order of priority. The Town Manager applies a criteria formula to all items. The formula combines and prioritizes requests from all departments. The Town Manager then recommends which items should be implemented in the current year. How Are Capital Improvements Funded? Capital improvements are funded in one of two ways. They may be funded through the appropriation of town revenue or by borrowing (bonding). It is the long-term objective of the finance committee to reduce the town's dependency on borrowing_ MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W8 CAPITAL IMPROVEMENT ITEMS— GENERAL FUND COMMUNITY DEVELOPMENT Town Hall Renovation ($2,000,000) Funds for various elements of this project, $250,000 plus $800,000, have been appropriated at prior Town Meetings. $295,000 has been received through a Community Development Grant. And $500,000 has been pledged from the Community Preservation Fund for historical preservation. The $2 million requested amount is required to complete this phase of the project. Another similar phase is planned if and when the Fire Station is moved, thereby allowing the consolidation of all municipal offices. POLICE DEPARTMENT: CAD and RMS Integrated System ($144,073) This is the second stage of implementing a system that will improve the Police and Fire Departments' ability to record, administer, manipulate and analyze various forms of incident data in an effective manner while reducing redundancy. The current system has become increasingly instable. Estimated Annual Impact on Operating Budget: $22,000 for annual maintenance fees New Police Facility ($733,058) Additional estimated costs of $6,597,525 to be funded in subsequent years, subject to voter approval. This project is a long-term solution to the current inadequate facility. It will satisfy the concerns for space, safety, access and health to both employees and visitors. The original building was erected in 1968. Over that time few infrastructure improvements have been made. In addition the department has outgrown the building services such as electric, heating ventilation and air conditioning system and usable space. To assist in meeting these needs a band-aid approach has been taken. Trailers have been used to house detectives, a box trailer has been used to increase storage and garage space has been converted to office space. Health concerns have also arisen. At this time black mold has been found in a downstairs office space. Numerous complaints have been made about air quality citing allergy type symptoms such as headaches, drowsiness and cold symptoms. Each union has filed letters of concern with the Chief of Police concerning these conditions. North Andover's Board of Health has viewed the situation and concurred that the air quality is extremely poor. The Police Department also contracted Clayton Environmental Consultants in 1998 to conduct an air quality study, who also found air circulation virtually non-existent. Estimated Annual Impact on Operating Budget: $20,000 for cleaning service, maintenance repairs and maintenance contracts for infrastructure systems. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W9 FIRE DEPARTMENT.• CAD and RMS Integrated System ($144,073) This is the second stage of implementing a system that will improve the Police and Fire Departments' ability to record, administer, manipulate and analyze various forms of incident data in an effective manner while reducing redundancy. The current system has become increasingly instable. SCBA (Self-Contained Breathing Apparatus) Replacement ($171,600) This is a replacement of the 1991 self-contained breathing apparatus, posi-check testing unit and compressed air supply unit. This is a planned upgrade, which coincides with the DOT regulation for replacement of air cylinders after twelve years, and upgrades to meet NFPA 1500 Firefighter Occupational Safety & Health Standard. Self-Contained Breathing Apparatus is a firefighter's air and life supply. In 1991, the department upgraded to new SCBA's, which conformed to the safety standards of the time. They have reached their life expectancy. In 2003 all the tanks must be replaced or taken out of service. Replacements will meet current standards. The request will also replace the SCBA test equipment and compressed air supply. Estimated Annual Impact on Operating Budget: $0.00 DEPARTMENT OF PUBLIC WORKS Gang mower ($80,000) Recycling truck($102,000) Sweeper ($105,000) % Ton Pickup Truck($30,000) Dump Truck with Sander ($98,200) All of this equipment is needed to replace older, worn-out equipment. Roadway improvements ($199,896) Sullivan St, Glennwood St, Bunker Hill St, Martin Ave, and Douglas Rd. These roads have deteriorated over the last nine years to an overall poor condition due to a lack of fund appropriations. Sidewalk Construction ($80,400) For sidewalk construction on Summer St from Carlton Lane to Rea St, and on Salem St from Nutmeg Lane to house #575. Ongoing sidewalk construction is designed to enhance the safety of school children and other residents who walk along our streets. EDUCATION Kittredge School Heating System Replacement ($490,000) The system is 51 years old and in poor condition and has exceeded its life expectancy. Architectural Fees for design of a new Foster Farm Elementary School ($2,267,133) Articles 9 and 10 also request funds for this project but the Finance Committee chose to include it as a part of the CIP Budget. The balance of this project will be brought forward at a subsequent meeting for voter approval. The completion of these plans will enable the Town to apply for School Building Assistance (SBAB) funds from the State. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W 10 School Technology ($139,820) Purchase and install computer hardware and software needed for special education and the Bradstreet School. School Technology ($225,520) Replace old non-compliant computers at our elementary schools. School Technology ($188,520) Replace old non-compliant computers at the High School& Middle School. Article 12. General Fund Appropriation Article Fiscal Year 2003. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2002, and ending June 30, 2003; or take any other action relative thereto. Board of Selectmen FINANCE COMMITTEE COMMENT.• Here we have the heart of our Town's finances, the $60 Million General Fund expense budget. This year the Town Manager has recommended or described several different expense budgets, budgets with either `no override' or requiring various levels of Override to balance. The Town Manager's FY03 Budget Message, after summarizing the budget process and the effect of his "no override" budget, concludes as follows: "Conclusion: Given the fiscal constraints of Proposition 2'/2, the current regional economic situation and rising fixed costs, primarily in Health Insurance, the Town of North Andover will be required to severely reduce levels of municipal and school services unless an operational Proposition 2'/2 override is approved. This budget provides town policy makers with three alternatives regarding the extent of the override. • $3.2 million: Maintains current level of municipal services and funds School Department request with the exception of new positions. • $5.1 million: Maintains current level of municipal services and fully funds School Department request. • $10.8 million: Implements the findings of the Financial Task Force. It is recommended that the Board of Selectmen and Finance Committee meet and discuss with representatives of School and Town Departments their budget requests, as well as members of the Financial Task Force, prior to determining which of these three levels of override is most appropriate for consideration by the voters of North Andover." MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W11 On April 8 2002 the Finance Committee formally adopted a "Budget Recommendation" of$62,196,099, which requires additional revenue from the increase of certain Building and Health fee rates and from the passing of a Proposition 2'/z override at a special Town election. On April 9 the Board of Selectmen recommended two budgets, a modified version of the Manager's no- Recommended override budget and, the or Approximate Total General budget recommended by the described Override Fund Ex n Finance Committee contingent Town Manager None $ 57,731,352 on approval of a $4 Million Town Mana er $ 3,200,000 $ 60,931,352 override. Finance Committee $ 4,000,000 $ 62,196,099 Any of the various General Town Manager $ 5,100,000 $ 62,597,608 Fund expense budgets, shown Financial Task Force $ 10,800,000 $ 62,597,608 in the chart to the right, may reserve throw h FY06 be considered as a part of this Article at Town Meeting. The Finance Committee emphatically DOES NOT support the Town Manager's no- override budget. The Manager's budget recommendations with different Override amounts, in our studied opinion, straddle the proper budget for North Andover for FY03. At the same time we applaud the Manager for proposing a balanced budget with what were, at the time they were made, reasonable revenue projections and what is essentially a "no change in funding from current year (FY02) to next year (FY03)" distribution of inadequate funds to Municipal and Education. This makes sense from several points of view: given the revenues available, distribute them fairly. However, the funds available are not adequate to meet the needs of the various Departments and Divisions of our Town. Expenses continue to rise faster than revenues. Worse, having repeatedly under funded various parts of our Town, we now face trying to catch up and put things right. The plans behind the Manager's no-override budget are not right for our Town. Neither do we believe the Manager recommends the plan his budget implies, to strip the town to less than bare-bones services. Cut our second ambulance? Lay off 6% of our Town's employees and pay $600,000 of Unemployment Insurance for the privilege? Make unsustainable cuts that will just have to be made up later? No, we believe that the Manager has again proposed to `distribute the revenues' rather than `fund the needs' because he realizes there is no way to meet the needs of the Town without additional revenues. After considering dozens of non-tax increases to our revenues and scores of combinations of decreases in expenses in an attempt to improve on the Manager's no-override budget, after considering every possible cut from all but our most essential services, the Finance Committee has determined that there is no reasonable no-override budget for our Town. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W12 Based on the best current projections of revenues and on the proper allocation of resources to provide the services our Town needs, the Finance Committee has recommended a budget requiring a $4 Million override. Now we are pleased to see that the Selectmen have adopted essentially that same budget recommendation, contingent on passage of the required override. In one area, however, the Finance Committee and the Selectmen disagree. The Selectmen have suggested a "no override" budget and a budget contingent on an Override. The implication is that the Selectmen's "no override" budget is an adequate budget for our Town. IT IS NOT. The Finance Committee states clearly and emphatically that there is no reasonable way to run our Town in the coming year with the revenues in the Manager's or Selectmen's "no override" budget. In the discussions that follow, all references to the "balanced budget" are to the Town Manager's no-override budget recommendation. All cuts and problems described stem from that budget and are, to the best of the Town's not unlimited abilities, cured by the Selectmen's and Finance Committee's budget"with override". The Town Manager's `no override' budget includes a Municipal Salary Reserve of $655,000 intended to provide salary increases for municipal employees once new salaries are established in the collective bargaining process. This Salary Reserve will be properly allocated to specific departments once negotiations are completed. While many departments show a decrease of 5% in the following FY 2003 budget compared to FY 2002, they are almost returned to the current year's funding level with the addition of the as-yet-undistributed Municipal Salary Reserve. GENMAL GOVERN11 1T wforit override with ovenide Revised Town Boardof Board of Finance Detwtme►t Request Budget Mwwr Selectmen Selma` Conwittm $4,944,873 FI'2002 Recommends Remnineuds RecotnavudS RecomtueiA Perso MI Services 2,390,363 2,441,125 2,441,125 2,495,404 2,495,404 Expemes 1,431,426 1,241,446 1,241,446 1,459,274 1,459,274 MesgL&o Control - 60,000 60,000 60,000 60,000 Finance Comm Reserve Fund 364,000 150,000 150,000 350,000 350,000 Gcned Govennu t Resme - - 164,747 - - SkuyReserve 375,000 655,000 655,000 690,000 690,000 Total General Government 4,560,789 4,547,571 4,712,318 5,054,678 5,054,678 MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W13 FINANCE COMMITTEE COMMENT: The General Government budget is comprised of the following sub-budgets: • General Administration — Town Moderator, Board of Selectmen/Town Manager, Assistant Town Manager/Human Resources, Emergency Management, Celebrations, and Finance Committee • Division of Administration & Finance — Administration and Finance, Town Accountant, Treasurer/Collector, Outside Auditor, Assessor's Office, Municipal Information Systems, and Town Clerk • Community Development & Services — Building Inspection, Conservation Commission, Health Department, Planning Department, Zoning Board of Appeals, Council on Aging, Recreation Department, Stevens Library, Veterans' Services , and Youth Services. General Administration The total FY2003 departmental request in General Administration is $623,681, exclusive of the Finance Committee Reserve Fund, as compared to the FY2002 revised budget of $617,727. The Town Manager recommends in his balanced budget proposal $580,419, a decrease of 6% from last year. The Town Manager's 6% reduction impacts the General Administration budget and Town services by reducing from full- to part-time a position in the Town Manager's office. The remaining reductions were made via expense cuts from all General Administration expense budgets. Division of Administration & Finance The total FY2003 departmental request in the Division of Administration & Finance is $1,446,549, as compared to the FY2002 revised budget of $1,208,871. The Town Manager recommends in his balanced budget proposal $1,148,744, a decrease of 5% from last year. This reduction eliminates an open, half time position in the Treasurer's Office. The remaining reductions were made via cuts in all expense budgets. The Town Clerk's Office and Assessor's Office will be the most negatively impacted. Town Clerk: The Town of North Andover continues to grow faster than the Town's ability to provide services. The Town's 2000 Census population exceeded 27,000, which caused the mandatory addition of two new voting precincts (current total: 8). In FY2003, the Town faces three elections, resulting in mandated staffing to accommodate all eight precincts and four voting locations. Oftentimes, the Town Clerk's Office is the "information desk" for Town residents. At the present staffing level, the Town Clerk's Office's is not able to assist the public on a daily basis while simultaneously completing mandated work requirements (including elections, licensing, etc.) The Town's inability to increase staffing could result in a reduction in the number of hours that the Town Clerk's Office is open to the public. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W14 Assessors Office: The proposed reduction in funding for specialized appraisals will delay processing of the State-mandated revaluation process. The Assessor's Office must also administer the Community Preservation Act, without additional staffing. Community Development: The only major affect the budget reduction would have on the Community Development Department is a reduction of computer equipment ($6,500) and additional equipment ($4,329). The computer equipment in question includes a public viewer computer for the public to use the GEOTEMS software. This software is the Geographic Town Management System, which keeps track of permitting inventory and inspections. Presently the system is done manually. The additional equipment consists of filing cabinets for the central filing system, which will no longer be completed. Building Inspection This Department inspects all commercial and residential new construction and additions. There is one inspector each for gas, electricity, plumbing and building. When an inspector is sick or on vacation, outside inspectors are hired. The electrical inspector is expected to be out on medical leave for 2 months during FY 2003. The extra $3000 requested by the department to cover his absence was cut. This absence will reduce the number of electrical inspections. Conservation Commission The Conservation Commission reviews all building plans to ensure that they comply with State and Local wetlands laws. It will not be affected by the Manager's proposed budget. The Commission has a revolving fund paid for by filing fees. The fees are low compared to surrounding communities. Planning Department The Planning Department reviews all plans for new subdivisions, and special permits, and all individual site plans. It will not be affected by the Manager's proposed budget. Youth Services: The Manager's proposed budget reduction from $21,614 in FY 2002 to $11,914 in FY 2003 will directly affect summer programs and field trips. . To compensate for this budget reduction membership fees may have to be increased. Health Department: The most significant change in the Health Department resulting from the Manager's proposed 5% budget cut is the inability to hire a Sealer of Weights and Measures. The position is required by State law, and would cost the Town $7,000, an expense mostly offset by the fees collected. Without this position the State will provide the Town with one at a much greater cost to the town. A Sealer of Weights and Measures is a local inspector for commercial weighing and measuring devices. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W15 Council on Aging The Council's mission is to identify and meet the health, economic, social and cultural needs of the 4500 older adults of North Andover. This is accomplished at the Senior Center located behind Town Hall, as well as through Outreach programs that serve the elderly in their homes and when hospitalized. The Council on Aging relies heavily on volunteers for staffing, both at the Senior Center and for programs made available in the community. They also work closely with the Health Department administering health and exercise programs for the elderly. All funding for the Council on Aging is provided by the Town of North Andover, with the exception of federally funded meals programs, and a small grant from the State of Massachusetts, based on population. For FY2003, the Director of Elder Services has proposed a budget that is level funded from last year, excluding last year's one-time expense for an upgrade of the Senior Center's acoustics. Based on the Town Manager's requested 5% reduction from each department's budget, the Council on Aging is proposing that the following items be removed from this year's budget: • Senior Tax Abatement Relief ($7,500) - the Council on Aging supports 15 North Andover senior citizens, who volunteer to work in various capacities for the town, with $500 each to be used for tax abatement. • Outside Professional Services ($2,700) — as there is no social worker on staff at the Senior Center, crisis counseling has been outsourced to Family Services, Inc. • Mental Health Lectures ($1,303) —elderly mental health support and assistance. Capital Projects & Reserves Large capital projects are managed through the Town's `Capital Improvement Plan'. The individual projects are described and approved in a separate Article in this Warrant. The cost of these projects is financed in various ways, some by borrowing and some from the General Fund. The amount to be appropriated from the General Fund for Capital Projects in FY 2003 is $208,600. The appropriations for several reserve funds are also included in this part of the budget. These reserves are as follows: Overlay Reserve—used to fund tax rebates Finance Committee Reserve - used for unexpected expenses Municipal Salary Reserve—used for salary adjustments negotiated during FY 2003 Finance Committee Reserve Fund The Finance Committee oversees a Reserve Fund that, under Massachusetts General Law, can be used only by a vote of the Finance Committee for unforeseen or extraordinary expenses. The total FY2003 Reserve Fund request is $350,000 as compared to the FY2002 revised budget of$364,000. The Town Manager recommends in his balanced budget proposal $150,000, a 58.8% decrease from last year. This reduction will not provide sufficient funding to address the inevitable snow and ice deficit, let alone any unforeseen or extraordinary expenses elsewhere in the budget. No MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W16 part of this Reserve is expended unless an unforeseen or extraordinary expense arises and the Finance Committee appropriates an amount. Recreation Department The North Andover Recreation Department has been serving our town for 56 years. Activities sponsored by the Recreation Department include: • Band concerts on the Common • Ice skating at Brooks School • Children's entertainment on the Common Funding for these activities is provided through fees and private grants, as well as funds in the Community Development and Services budget. For FY2003, the Recreation Director has proposed a budget of$28,500, slightly above last year's approved budget. Based on the Town Manager's requested 5% reduction for FY03 from each department's FY02 budget, the Recreation Director is proposing that the following items be reduced: • Special Program Supplies ($4,000) — could mean fewer events on the Common, or an increase in fees associated with most activities Stevens Library: The Manager's proposed 5% budget reduction would significantly affect the Library's operations. We will lose our ability to participate in the Inter-Library Loan Program and also $30,000 in State grants. Other minor effects of a budget decrease would be a reduction in spending on books ($5,000), equipment ($4,500) and wages ($17,409). Veterans' Services The Office of Veterans' Services provides support and financial assistance to wartime veterans living in town. Assistance provided at the District level, which includes Boxford in North Andover's case, is usually a final safety net that is provided after federal programs administered by Veterans' Affairs have been exhausted. Services provided by the local Veterans' Services include: • Unemployment assistance (beyond federal assistance) • Medical expenses (beyond federal assistance) • Burial expenses Located in Town Hall, the Veteran's Services Office has approximately 12 cases at present, of which half are considered permanent. It is estimated that 10% of North Andover's, or any other town's population is considered veteran, having served in the Armed Forces of the United States. This means that there are approximately 2,700 veterans living in North Andover. The North Andover Office has 1 employee (the director) and occasionally employs volunteers provided through the Senior Center. The State of Massachusetts reimburses 75% of all benefits paid out by the North Andover office. The Town of Boxford reimburses North Andover for 26% of the expenses related to administering these benefits, including 26% of the director's salary. For FY 2003, the Director of Veterans' Services has proposed a budget of$109,875, 48% above last year's approved budget. Most of this proposed increase is in Veterans' Benefits, which was underestimated last year, and is expected to increase this year. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W17 Based on the Town Manager's requested 5% reduction from each department's budget, the Office of Veterans' Services is proposing that the following items be removed from this year's budget: • Office Supplies ($1,331) —Boxford to pay 26% of this expense. • Wages, Full Time ($4,028) —Boxford to pay 26% of this expense. • Veterans' Benefits ($20,000) — reduced estimate of the total benefits to be paid in FY2003. The Finance Committee recommends a total budget of $5,054,678 for General Government, the same amount the Manager recommended with an override. This restores all cuts necessitated by the Manager's no-override budget and provides additional budget amounts for six specific functions in the departments of the Town Clerk, Assessor, and Community Development. PuBuc SAFETY w/out override with override Revised Town Board of Board of Finance Department Request Budget Manager Selectmen Selectmen Committee $7,095,108 FY2002 Recommituls Recommends Recommends' Recommends Personnel Services 5,880,762 5,685,748 5,785,748 5,951,035 5,951,035 Expenses 708,533 564,583 564,583 707,122 707,122 Total Public Safety 6,589,295 6,250,331 6,350,331 6,658,157 6,658,157 The Public Safety budget is comprised of the Police and Fire Departments' budgets. Both departments have continuously provided superior service to the citizens of North Andover while under significant budgetary restraints. Both Departments anticipate budget reductions in FY2003, affecting personnel, equipment and technology. The departments' level of service to the citizens of North Andover will be significantly reduced. POLICE DEPARTMENT. Amount requested $3,716,911 Budget Without Override $3,059,640 Budget Reduction from FY02 $171,034 (-5.3%). Including: • Personnel Reduction: One patrolman and one Lieutenant, resulting in the loss of a midnight to 8:00 am road supervisor. The impact is as follows: • Lack of readily available back up. • No officers available to patrol neighborhoods, especially out-country. • A dramatic increase in response time to remote areas. • Manning levels reduced to three patrolmen on roads at all times. At any given moment, there will be only three officers available to answer emergency calls. • School programs reduced and/or eliminated. • Cruiser purchases reduced from eight to two vehicles. Due to high mileage and extensive use, existing cruisers may become unreliable and dangerous to operate. In addition, vehicle maintenance will put an additional burden on the DPW. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W18 • Agreements for the maintenance of Police Department equipment will be eliminated. As a result, equipment may become damaged or unusable The Finance Committee recommends a total budget of $3,302,284 for the Police Department, the same amount the Manager recommended with an override. This restores all cuts necessitated by the Manager's no-override budget. FIRE DEPARTMENT.• Amount requested $3,378,197 Budget Without Override $3,190,691 Budget Reduction from FY02 $167,930 (-5.0%). Including: • Second ambulance taken out of service. • Increased response time to certain areas of town • Loss of back-up if town's only active ambulance is in use • Reduction of additional personnel during snow storms and other emergencies • Reduction of monies available to cover for injured firefighters. • Fire alarm maintenance reduced. • Trauma Intervention Program eliminated. The Finance Committee recommends a total budget of $3,355,873 for the Fire Department, the same amount the Manager recommended with an override. This restores all cuts necessitated by the Manager's no-override budget. 'UBtIC VAM<S wfbut override with override Reu� Town Board of Board of flnMM Delrutm Request Budget Mwawr Selmtt" Selma Committee $5,019,805 FYN02 Remmm ds Fwimx is Records Rem"vods Pt sofwi Services 1,137,962 1,014,972 1,014,972 1,179,658 1,179,658 EVeiws 2,427,574 2,665,098 2,665,098 2,882,598 2,882,598 Total Pt"c Wrlis 3,565,536 3,680,070 3,680,070 4,062256 4,062256 The Public Works budget is comprised of the following sub-budgets: • Administration • Streets and Sidewalks • Solid Waste and Recycling • Structures and Grounds • Fleet Maintenance • Snow and Ice Removal (Please note: The Public Works budget does not include Water and Sewer budgets, these are separate Enterprise Funds whose budgets can be found in Articles 14 & 15.) MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W19 The Town Manager recommends $3,680,070 in his balanced budget proposal, an increase of 3.2% from last year. The increase is a direct result of contractual solid waste collection and disposal costs. Without the mandated increase to solid waste collection and disposal costs, the Town Manager's balanced budget proposal would result in an approximate decrease of 6%. The reductions to critical areas of this budget will have immediate and substantial impact on services provided by the Public Works Department. Administration The total FY2003 departmental request in Administration is $330,898 as compared to the FY2002 revised budget of $280,668. The Town Manager recommends in his balanced budget proposal $282,961, an increase of 0.8% from last year. This increase only addresses contractual salary increases without adding any additional personnel. The Publics Works Department remains understaffed. The Administration expense budget remains level-funded. Streets and Sidewalks The total FY2003 departmental request in Streets and Sidewalks is $821,281 as compared to the FY2002 revised budget of $640,958. The Town Manager recommends in his balanced budget proposal $486,712, a decrease of 24.1% from last year. This reduction results in the lay-off of two (2) full-time positions. Also, all part-time summer help has been eliminated, and contracted services reduced. Tree work, road striping, and street sweeping will be reduced. Other reductions were made via expense cuts, in particular street lighting and road paving. As a result, certain areas of the Town will have public lights shut off, and streets will receive limited pothole filling and patching. Solid Waste and Recycling The total FY2003 departmental request in Solid and Recycling is $2,037,326 as compared to the FY2002 revised budget of$1,544,868. The Town Manager recommends in his balanced budget proposal $1,895,199, an increase of 22.7% from last year. This increase is due to an increase in contractual solid waste collection and disposal costs. Overtime pay and other contracted services have been cut. As a result, recycling services (household hazardous waste drop-off, "hazardous waste collection day," white-goods pick-up, and Cyr Recycling Center management)will be eliminated or reduced. Structures and Grounds The total FY2003 departmental request in Structures and Grounds is $721,216 as compared to the FY2002 revised budget of$501,868. The Town Manager recommends in his balanced budget proposal $441,738, a decrease of 12% from last year. This reduction moves the Stevens Pond lifeguard/gate attendants expense item to the Youth Services budget. The remaining reductions were made via expense cuts. Fleet Maintenance The total FY2003 departmental request in Fleet Maintenance is $791,147 as compared to the FY2002 revised budget of $296,846. The Town Manager recommends in his balanced budget proposal $273,451, a decrease of 7.9% from last year. This decrease reduces the department's ability to provide appropriate maintenance and repairs to Town vehicles. Once these funds have been depleted, any Town vehicles requiring maintenance will be taken out of service rather than being repaired MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W20 Snow and Ice Removal The total FY2003 departmental request in Snow and Ice Removal is $791,147 as compared to the FY2002 revised budget of$300,009. The Town Manager recommends in his balanced budget proposal $300,009, level-funded from last year. Historically, the Town intentionally underestimates snow and ice removal expenses. Under Massachusetts General Law, any increase to the Snow and Ice Removal line item cannot be reduced in future years. In FY2002, to offset the inevitable snow and ice deficit, the Town Manager increased the amount of the Finance Committee's Reserve Fund. As such, the Town was able to adequately address the snow and ice budget deficit that year. For more information, refer to the Finance Committee Reserve Fund description under General Government. The Finance Committee recommends a total budget of $4,058,495 for the Public Works Department, an increase of $156,096 to the amount the Manager recommended with an override. This restores all cuts necessitated by the Manager's no-override budget and provides additional support for increasing responsibilities. EDUCATION w/out over-ride witli override Revised Town Board of Board of Dance Department Request Budget Manager Selectmen Selectmen Committee $32,074,946 FY 2002 Recommends Recommends Recommends,' Recommends North Andover Public Schools Personnel&Expenses 27,484,107 27,649,011 28,049,011 31,001,003 31,001,003 Sub-Total 27,484,107 27,649,011 28,049,011 31,001,003 31,001,003 School Building Committee Personnel 14,500 17,500 17,500 17,500 17,500 Expenses 8,441 9,441 9,441 9,441 9,441 Sub-Total 22,941 26,941 26,941 26,941 26,941 Regional Voc./Tech.Schools Essex Reg.Tech School 94,795 97,165 97,165 97,165 97,165 Gr.Lawrence Voc.School 77,380 80,176 80,176 80,176 80,176 Sub-Total 172,175 177,340 177,340 177,340 177,340 School Assessments Charter School Assessment 23,901 24,499 24,499 24,499 24,499 School Choice 11,742 12,036 12,036 12,036 12,036 Sub-Total 35,643 36,534 36,534 36,534 36,534 Total Education 27,714,866 27,889,826 28,289,826 31,241,818 31,241,818 The School Committee requested a local education budget totaling $31,834,131. This represents an increase of $4,350,024 or 15.8% over the approved current year budget. The major components of this requested increase are: $1,666,256 or 9%for additional staff MAY 13,2002 2002 ANNUAL.TOWN MEETING WARRANT Page W21 $1,009,902 or 5%, for salary increases $1,324,371 or 29.8%, for increased expenses $ 349,495 or 13.7%, for increased expenses in special education The School Department strives to provide an educational program of the highest quality so that students will become responsible and productive members of society. According to Melanson Heath & Company, the audit firm hired by the Town to review School operations, the School Department is very well managed. This quote is taken from their report: "We have found internal controls and management oversight to be the most effective of the eight school systems that we have reviewed during the previous two years." The Town Manager's proposed total education budget is $27,889,826, including the local education budget plus Regional Schools and other items as listed above. This is an increase of only $174,960 above the FY 2002 total education budget. We know that special education costs will increase by $349,000 in FY 2003 because the students are already here. This cost alone exceeds the proposed increase in the education budget. Current contracts and step increase agreements provide for salary increases projected to total $1,002,902 for FY 2003. These salary increases, coupled with the increased special education costs, put the Education Budget in a serious deficit. The Superintendent has recommended the following cuts to make up the shortfall: • Cut 49 current staff positions including: 24 Elementary Teachers, 12 Middle School Teachers, 11 High School Teachers, and 2 Library Aides. • Eliminate busing for all students above 6th grade. • Cut $884,000 in supplies, technology, and professional development for teachers. • Eliminate High School Programs including: Latin, Science Labs, MCAS Prep Courses, SAT Review, and 6 Advanced Placement Courses. • Cut the Athletics program or impose a $175 User Fee. • Reduce the number of Art, Music and Spanish programs at the Middle School. The cuts in current staff will increase class sizes as follows: Kindergarten: 26 students per teacher (from 20); Elementary: 31 students per teacher (from 22); Middle School: 35 students per teacher (from 25); High School: 26 students per teacher (from 20). The Finance Committee recommends a total budget of $31,241,818 for education. This represents a 12.7% increase over the FY 2002 budget. The Finance Committee believes that the cuts imposed by the Manager's budget would be devastating to the Town's educational system and a step in the wrong direction. Therefore, the recommended budget eliminates the proposed teacher lay-offs and also funds half of the new positions proposed in the School Committee's requested budget. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W22 HXED EXPENSES w/out override with override Revised Town Board of Board of Finance Department Request Budget Manager Selectmen Selectmen Couunittee $14,161,022 1Y 2002 Recommends Recommends Recommends Reconmiends Retirement 1,540,717 1,569,142 1,569,142 1,569,142 1,569,142 Workers Compensation 181,000 200,000 200,000 200,000 200,000 Unemployment Expenses 13,000 600,000 600,000 20,000 20,000 Group hisffance 3,439,000 4,474,049 4,474,049 4,599,972 4,599,972 Manager Contract 2,500 2,500 2,500 2,500 2,500 Payroll Taxes 262,012 240,000 240,000 301,113 301,113 Debt Service Principal 2,691,233 4,174,000 4,174,000 4,174,000 4,174,000 Interest on Long Term Debt 2,226,224 2,647,218 2,647,218 2,647,218 2,647,218 Interest on Short Tenn Debt 170,000 - - - - Liability Insumee 146,959 175,000 175,000 175,000 175,000 Stabilization Fund 622,000 - - 200,000 - Total Fixed Expenses 11,294,645 14,081,909 14,081,909 13,888,945 13,688,945 The Fixed Expenses budget includes costs for all Town employees and buildings, including those for both Municipal and School Departments. EMPLOYEE BENEFITS The Town must remain competitive in the area of employee benefits; otherwise the Town will lose valued employees. The following items are included under Employee Benefits: • Group Health Insurance • Life Insurance • Unemployment Insurance • Retirement • Worker's Compensation The Town is faced with an extraordinary increase in medical insurance premiums for FY 2003. A large rate increase and greater participation in the plan have both contributed to an increase in excess of 30% (+$1,035,049). All medical insurance plans offered require an employee contribution, which ranges from 10%to 50% of the monthly premium. DEBT SERVICE AND INTEREST There is serious concern regarding North Andover's high level of debt. Ongoing infrastructure improvements have placed an extraordinary burden on taxpayers. Confusion over the various types of debt arrangements makes it difficult to clearly understand the nature on the Town's commitment to repaying debt (see description under Debt, Debt Service, and Cash Reserves). The Finance Committee suggests that a new policy be developed to clarify the Town's borrowing and repayment practices. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W23 Article 13. 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 Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $2,000 Chairman of Board of Selectmen, per annum, in addition 300 School Committee, per person, per annum 2,000 Chairman, School Committee, per annum, in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE COMMENT.• Provides compensation to our elected officials as identified on the preceding table. There is no change to any elected official's compensation in FY 2003. Full fringe benefits are available to compensated officials if they so elect. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W24 Article 14. Water Enterprise Fund Appropriation for Fiscal Year 2003. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2002 and ending June 30, 2003; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: Favorable Action WATER ENTERPRISE Revised Town Board of Finance Department Request Budget Manages Selectmen' Committee S4,559.47 0 FY 2002 Recommends Recommends Recommends Personnel 607,122 645,439 * 645,439 Expenses 876,026 919,025 * 919,025 Capital 0 0 * 0 Reserve Fund Debt Service 1,979,598 2,322,160 * 2,322,160 Sub-Total Direct Expenditures 3,462,746 3,886,624 3,886,624 Admin./Indirect 370,000 379,250 * 379,250 Total Water Enterprise 3,832,746 4,265,874 4,265,874 And that 54,265,874 be appropriated from Water receipts *Recommendation to be made at Town Meeting FINANCE COMMITTEE COMMENT. The purpose of this article is to fund the Water Enterprise Fund. This fund is supported by water usage charges. The water rate is set by the Board of Selectmen and is established based on the total expenses of the department, including debt service, direct and indirect expenses, and the consumption of water by the users. Indirect costs are associated with Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the enterprise and are expensed through the General Appropriation Budget. Our recommendation includes Water Enterprise capital funding as outlined in the Town's Capital Improvement Plan— refer To Article 11. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W25 Article 15. Sewer Enterprise Fund Appropriation for Fiscal Year 2003. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2002, and ending June 30, 2003; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: Favorable Action SEWER ENTERPRISE Revised Town Board of Finance Department Request Budget Manager Selectmen Committee $3,521,100 FY 2402 Recommends Recommends Recommends Personnel 194,271 216,954 * 216,954 Expenses 277,921 211,100 * 211,100 GLSD Assessment 1,123,731 1,404,664 * 1,404,664 Settlement 0 56,000 * 56,000 Reserve Fund Debt Service 820,109 1,405,365 * 1,405,365 Sub-Total Direct Expenditures 2,416,032 3,294,083 3,294,083 Admin./Indirect Expenditures 150,000 153,750 * 153,750 Total Sewer Enterprise 2,566,032 3,447,833 3,447,833 And that 53,447,833 be appropriated from Sewer receipts * Recommendation to be made at Town Meeting FINANCE COMMITTEE COMMENT.• The purpose of this article is to fund the Sewer Enterprise Fund. This fund is supported by sewer usage charges. The sewer rate is set by the Board of Selectmen and is established based on the total expenses of the department, including debt service, direct and indirect expenses, and the consumption of water by the users connected to the municipal sewer system. Indirect costs are associated with Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the enterprise and are expensed through the General Appropriation budget. Our recommendation includes Sewer Enterprise capital funding as outlined in the Town's Capital Improvement Plan— refer to Article 11. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W26 Article 16. Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2003. To see if the Town will vote to appropriate from Steven's Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2002 and ending June 30, 2003; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: Favorable Action STEVENS ESTATE At,OSGOOD HILL Revised Town Board of Finance Department Request Budget Manager Selectmen, Committee S677,612 FY 2002 Recommends Recommends Recommends Personnel 281,002 249,037 249,037 Expenses 442,550 353,225 353,225 Capital 0 0 0 Sub-Total Direct Expenditures 723,552 602,262 602,262 Admin./Indirect Expenditures 54,000 55,350 55,350 Total Stevens Estate Enterprise 777,552 657,612 657,612 And that 5657,612 be appropriated from Stevens Estate receipts. * Recommendation to be made at Town Meeting FINANCE COMMITTEE COMMENT: The `Stevens Estate at Osgood Hill Enterprise' has as its primary purpose the preservation of the Town's Osgood Hill property by renting out the historic Stevens Estate as a conference center and reception hall. User charges collected from the use of the Estate pay all operational charges and all related Town overhead charges, and also pay for required maintenance and a modest amount of improvements each year. Predictably, the Finance Committee recommends approving the budget in the "Finance Committee Recommends" column printed above. All money expended will come from current user charges or from previously accumulated revenues which are budgeted to total roughly $216,000 at the end of FY02. The purchase of the property was financed with a 20-year bond in the amount of $4,625,000. This was issued on 1/2/1998 with an interest rate of 5%. The outstanding principal balance will be $4,025,000 on January 1, 2003 when a principal payment of $170,000 will be due and payable. Interest payments of $193,392 will be due in FY2003. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W27 The property has two important and distinct purposes; (1) preservation of open space and protection of our reservoir, on whose shores the property sits, and (2) preservation of an outstanding, historic, and useful structure. Currently the annual debt service for the property, principal and interest both, are paid from our General Fund. This is consistent with the original method and purpose of purchasing the property (using a debt exclusion to purchase property for preservation). Now that the property is in an Enterprise Fund further work is needed to determine whether it is possible to transfer the debt service to the Enterprise. It is clear, however, that the revenues generated by the rental of the conference center are currently being well spent on maintenance and improvement of the Estate and there is not yet enough to pay a significant part of the debt service as well. If the maintenance and improvements eventually result in adequate revenues to pay part or all of the debt service, we will have to look into how to change that aspect of this Enterprise. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W28 Article 17. Beede Waste Oil Settlement. To see if the Town will vote to raise and appropriate a sum or sums of money not to exceed $125,000 for the purpose of resolving any and all claims against the Town relating to disposal of certain hazardous materials at the Beede Waste Oil Superfund Site; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE COMMENT. The Town of North Andover collected waste oil (a hazardous waste) from its citizens and from the DPW and Fire Department to protect our environment. During the early to mid 1990's, the Town paid to have the waste oil transported by a licensed hazardous waste shipper to Beede Waste Oil, in Plaistow, N.H. Beede, a licensed hazardous waste treatment and recycling facility, was to recycle the waste oil. Beede ceased operations in August 1996, leaving millions of gallons of waste oil on the site. The waste oil was contained in an unlined lagoon, as well as in numerous old tanks, many of which were rusty and leaking. An estimated 50,000 gallons of waste oil have already leaked into the groundwater at the Beede site, which is located in a residential neighborhood served entirely by private water wells. The waste oil plume in the groundwater is currently moving toward those wells. Some have already been contaminated. The U.S. Environmental Protection Agency (EPA) designated Beede a federal hazardous waste Superfund site in December 1996. The EPA currently estimates that it will cost between $30 - 60 million to clean up the Beede site. The EPA has identified over 2,700 responsible parties for the Beede site. North Andover is one of them. Under the federal Superfund law, a generator of hazardous waste (such as North Andover) is legally responsible for that waste from "cradle to grave." That means that even though North Andover did everything it could to deal with the waste in an environmentally responsible manner, it is still liable for its' portion of the clean-up costs. Liability amounts to date have been based on a rate per gallon of waste shipped to Beede. The Town is working with a large group of responsible parties to contract with a company to clean up the site. If an agreement is reached, the clean-up contractor will charge each member of the group a lower rate per gallon of waste oil than the EPA will charge, in exchange for accepting complete liability for the clean-up. The amount of money requested in this Article is based on this lower per gallon rate. However, if the talks with the clean-up contractor fail to produce an agreement, there is a cushion in the amount requested for the higher rate that the EPA has charged another group of generators. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W29 Article 18. Community Preservation Fund Report. To see if the Town will vote to receive the report of the Community Preservation Committee; or take any other action relative thereto. Community Preservation Committee Article 19. Appropriations— Community Preservation Fund. To see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee for the following purposes: a) Restoration of the Old Burying Ground located $67,000 Historic Resources at the intersection of Court and Academv Streets: b) Osgood Hill Estate: Gutters and Rainsvouts: $85,000 Historic Resources c) Town Hall Renovation: $500,000 Historic Resources d) Reserve For Future Expenditures: $156,300 Affordable Housing e) Administrative Costs, including appraisal expenses of $5,000 Administrative and the Community Preservation Committee: Operating Expenses f) Bank Fees associated with authorized borrowing of funds: $3,000 Open Space 9) Principal and Interest Expenses: Carter Hill Provertv $385,000 Open Space h) Principal and Interest Expense: Mary Charles Estate, $575,000 Open Space also known as Half Mile Hill and for additional purposes as the Community Preservation Committee may recommend; or take any other action relative thereto Community Preservation Committee Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: To be made at Town Meeting FINANCE COMMITTEE COMMENT.• All funds for these projects come from the Community Preservation Fund, or from borrowing paid for by the Community Preservation Fund. Article 20. Acquisition in Fiscal Year 2002 of Land — The Land, Open Fields and Woodlands on the Shore of Lake Cochichewick Once Part of Edgewood Farm (Osgood Street) also Known as the Mary Charles Estate and "Half-Mile Hill". To see if the Town will vote to raise, borrow and/or appropriate a sum of money ($2,650,000) in Fiscal Year 2002 for the acquisition by purchase or eminent domain of a parcel of land of approximately 37.623 acres and a parcel of land of approximately 1.47 acres owned by The Mary Charles 1976 Trust, c/o Mr. Arthur W. Hughes, III, 1 International Place, Boston, MA 02110 or by the Trust for Public Land, as described on Assessors Map 36, Parcel 1, and Assessors Map 36, Parcel 20 to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Chapter 40, Section 8C for conservation and passive recreation purposes, and to MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W30 meet said appropriation with funds transferred and/or borrowed in accordance with Massachusetts General Laws Chapters 44 and 44B , the Community Preservation Act, or any other enabling authority, and to authorize the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and that the Town Manager and the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments, including a permanent deed restriction in accordance with General Laws Chapter 184, as may be necessary on behalf of the Town of North Andover to affect said purchase; or take any other action relative thereto. Community Preservation Committee Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: To be made at Town Meeting FINANCE COMMITTEE COMMENT.• All funds for these projects come from the Community Preservation Fund, or from borrowing paid for by the Community Preservation Fund I I a, ,;r r f ' 1� f i r h Mary Charles Property Map 36 Parcel 1 & Map 36 Parcel 20 MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W31 Article 21. Petition the General Court — Permanent Deed Restriction —Mary Charles Estate also known as "Half Mile Hill". To see if the Town will vote to instruct the Town's representatives to the General Court to file a Home Rule Petition to authorize the Board of Selectmen and Conservation Commission to grant a permanent deed restriction to the Department of Environmental Management, and/or another Commonwealth entity and/or the Trustees of Reservations and/or any other private organization qualified to hold such restrictions, in accordance with General Laws Chapter 184, limiting the use of the property as described on Assessors Map 36, Lot 1, and Assessors Map 36, Lot 20 containing approximately 37.623 acres and 1.47 acres to open space purposes; or take any other action relative thereto. Community Preservation Committee Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To be made at Town Meeting Article 22. Acquisition of Real Estate: Boxford and Foster Streets. To see if the Town will vote to raise and appropriate a sum of money for the purpose of acquiring interests in real estate located at "22 Boxford Street, Assessors Map 104D, Parcel 33, 1.25 acres, more or less", including but not limited to options to purchase; to authorize the Selectmen to acquire all or portions of the rights, title and interest in said property in the name of the Town for municipal purposes, by gift, purchase or eminent domain; to authorize the Treasurer, with the approval of the Selectmen, to borrow said sum under Chapter 44 of the Massachusetts General Laws or any other enabling authority; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting FINANCE COMMITTEE COMMENT.• Over the last several years, the Fire Department has been diligently researching site possibilities for a fire station that would serve residents in the out-country (southern) section of North Andover. The property at the intersection of Boxford Street and Foster Street would satisfy the need from a geographic standpoint, providing the optimum response time to residents. Discussion with the property owner is ongoing. However, information at the time of this writing is insufficient to allow the Finance Committee to make a recommendation. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W32 Article 23. Amend Water Enterprise Fund FY2002 for Acquisition of Land-Lake Front Property Great Pond Road Adiacent to Water Treatment Plant. To amend the Water Enterprise Fund appropriation for Fiscal Year 2002 voted under Article 10 of the May 14, 2001 Annual Town Meeting and amended under Article 4 of the December 3, 2001 Special Town Meeting by appropriating from the Water Enterprise Fund Reserve Balance, a sum of funds and/or borrow a sum of money under the provisions of Massachusetts General Laws, Chapter 44, to acquire by gift, purchase, or eminent domain the land known as Map 37A, Parcel 2, approximately 4.426 acres in size, and that the Town Manager be authorized to enter into all agreements and execute any and all instruments, in accordance with General Laws Chapter 184, as may be necessary on behalf of the Town of North Andover to affect said purchase; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting Article 24. Report of Beaver Issues Committee. To see if the Town will vote to hear the report of the Beaver Issues Committee and to take action with regard to the continued existence of the Committee; or to take any other action related thereto. Board of Selectmen EXPLANATION.• The Committee established as a result of 2001 Annual Town Meeting Action will present a report in accordance with the vote on Article 16 of that meeting. Article 25. Revocation of Civil Service. To see if the Town will vote by ballot in the next election to revoke the applicability of the civil service laws and rules, as set forth in Chapter Thirty-One of the Massachusetts General Laws, to the School Department's Custodian and Food Service worker titles, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: To be made at Town Meeting EXPLANATION.• Civil Service rules require hiring from the Civil Service List, which is maintained by the Division of Civil Service. It has become increasingly difficult to obtain the list from the Division and the School Department determined that it would be more efficient to hire qualified local applicants. The 1998 Annual Town Meeting voted by a clear majority to make the change, but due to a technicality, the process could not be completed. The 1999 Annual Town Meeting voted to file special legislation to effect the same change but that the General Court did not enact legislation within the required time. The School Department's primary concern is to hire competent individuals from the local community in a timely manner. This Article will accomplish that goal. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W33 Article 26. Acceptance of Ownership of Roadway— Foxwood Drive and Weyland Circle. To see if the Town will authorize the Selectmen to accept the fee in the roadways shown as Foxwood Drive and Weyland Circle on a Plan of Land entitled "Definitive and Special Permit Plan Foxwood in North Andover, Mass. Owned & Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA 01845. Scale F=40', 1993, Rev. 12-9-93, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810," which plan is recorded with the Northern Essex Registry of Deeds as Plan No. 12371; or take any other action related thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting EXPLANATION.• This Article will provide the Town with the "fee in the roadway" so that the Town may make necessary physical improvements to the Foxwood Subdivision in order to bring the roadway up to Town standards. Article 27. Acceptance of Ownership of Parcel A and Parcel B Foxwood Subdivision. To see if the Town will vote to authorize the Selectmen and Conservation Commission to accept the fee in the land shown as Parcel A and Parcel B and denoted as "Open Space" on a Plan of Land entitled "Definitive and Special Permit Plan Foxwood in North Andover, Mass. Owned & Developed by Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA, 01845. Scale F=40', May, 1993, Rev. 12-9-93, Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts 01810," which plan is recorded with the Northern Essex Registry of Deeds as Plan No. 12371. Said Parcel A contains 2.5332 acres more or less according to said plan. Said Parcel B contains 33.0239 acres more or less according to said plan. Said land is to be managed and controlled by the North Andover Conservation Commission; or take any other action related thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting EXPLANATION.• This Article will allow the Town to obtain the open space parcels of land within the Foxwood Subdivision as per the Planning Board Decision of 1994. These open space parcels will be managed and controlled by the Conservation Commission. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W34 Article 28. Use of Foxwood Bond Funds. To see if the Town will vote to authorize that portion of Foxwood Development (Summer Street Realty Trust) bond funds allocated for sewer mitigation funds to be used for improvements to the subdivisions streets, sidewalks and drainage; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting EXPLANATION.• This warrant Article will allow the Town to utilize $42,4000 in monies that were originally bonded in the Foxwood Subdivision to be utilized as sewer mitigation fees and instead allow the funds to be used for physical improvements to the roadway. This would complete the work necessary to bring the roadway up to Town standards. Article 29. Acceptance of Land: English Circle. To see if the Town will vote to authorize the Selectmen to accept a conveyance of land off Salem Street and English Circle for no monetary consideration, shown as parcel "x" containing approximately 1,842 square fee on a plan titled "English Circle in North Andover Mass" by Merrimack Engineering Services, Andover, Massachusetts, being plan No. 11878 as recorded in the North Essex Registry of Deeds; or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To be made at Town Meeting . ALEA4 =arcel Article 30. Petition the General Court-Change Boundary Line Between the Towns of Boxford and North Andover in the vicinity of Bradford Street. To see if the Town will vote to authorize the Board of Selectmen to petition the Massachusetts Legislature to change the Town boundary line between the Towns of Boxford and North Andover in the vicinity of Bradford Street, and to authorize the Selectmen to define the exact location of the new Town boundary line. The proposed boundary line being generally as shown on the plan entitled "Conceptual Plan: Town Boundary Relocation Between the Towns of North Andover and Boxford Massachusetts" dated February 26, MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W35 2002, scale 1"=100" prepared by Huntress Associates, Inc., a copy of which is on file in the office of the Town Clerk and to authorize the Board of Selectmen to approve amendments to the proposed boundary line which are within the scope of the general public objectives of this petition; or take any other action relative thereto. Petition of Thomas D. Zahoruiko and others Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: Unfavorable Action Planning Board Recommendation: To be made at Town Meeting FINANCE COMMITTEE COMMENT.• The 100+ acres of land being proposed for development lies partly in North Andover and partly in Boxford. Boxford has no cluster zoning provisions and no sewer or water systems. The land is roughly half wetlands and half buildable but is all in the Lake Cochichewick watershed. With the current town boundaries and 2 acre zoning, roughly 25 homes could be built. Perhaps 8 of those homes would be in North Andover. The Boxford houses would have wells and septic systems With a change in the Town boundary and with North Andover's zoning, all 25 homes could be built in North Andover as a cluster, located far from the wetlands and on the water and sewer systems. Significant open space would be preserved and protected in North Andover's watershed. The new houses are intended to sell for $500,000 each; at that assessment each new house would generate approximately $9,000 in property taxes, State aid, and local receipts. Some of the issues the Finance Committee considered were: 1) If we build new homes then additional infrastructure may be necessary (a new school, upgraded roads, bigger water and sewer plants, etc.) 2) The marginal cost (the cost for "just a few more" once you're already set up to do quite a few) is usually less than the average cost (we may need a new school teacher but we won't need an additional Superintendent). 3) New residents help pay off old debts. 4) Development further from the center of town costs more than the average. For example, the bus routes to the Middle and High Schools are longer, the Police or Fire mileage is greater, the water/sewer pipes are longer, etc. 5) There is no way to be sure what actual revenues and expenses the Town will experience with a particular new house or development. As a crude example, if a family with 3 school age kids moves into a house in town and their kids go to our public schools, the school costs will go up by roughly $18K per year. If one of the kids requires Special Education, school costs may go up by over $50K/year. All this from a house that brings in maybe $9,000 per year of revenues. OR, that same house and family may decide to send their kids to private schools and the cost to the Town is minimal; same house and same family but the results are dramatically different. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W36 6) Direct financial costs are not the only things that will impact North Andover. Water consumption, something we're short on, would increase; maybe an expensive alternative source might be needed. Issues of Clusters vs. Open Space VS. "No more development!" were involved. There was some thought that almost no new single-family residence would "pay for itself". Lower-priced ones don't bring in enough money in taxes; ... Higher- priced ones raise our average "wealth" so the State lowers our State Aid. Any one could cost us $50K in Special Education each year. In the end the uncertainty and the inability for anyone to be certain of a financial benefit for North Andover made the vote against "let's take a chance on this" prevail. Article 31. Amend Zoning Bylaw — Section 8.7 — Growth Management. To see if the Town will vote to amend Section 8.7.2(c)to change the date of July 1, 2002 to July 1, 2003 in two places to read as follows: "c) The provisions of this Section 8.7 shall expire on July 1, 2003; however, by a vote of Town Meeting before said date, the provisions of this Section 8.7 may be extended for an additional four years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event such action is taken by Town Meeting prior to July 1, 2003 these provisions shall not be construed to have lapsed on such date."; or take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting PLANNING BOARD EXPLANATION.• This section of the bylaw is due to expire on July 1, 2002. The growth management bylaw is a planning tool utilized to control the amount of building permit issued per year. This article has been submitted to provide an additional year for the sub-committee to continue studies on what is necessary to promote orderly growth while ensuring that in the next year the bylaw does not lapse. Article 32. Amend Zoning Bylaw Section 9 — Non-Conforming Uses by Adding New Section and Amending 9.3 `Building After Catastrophe". To see if the Town will vote to amend Section 9 of the Town of North Andover Zoning Bylaw as follows: 1) Add New Section 9.3 - Pre-Existing Non-Conforming Single and Two Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts as shown below in final amended form: 2) To delete the words "or otherwise" from the existing Section 9.3, "Building after Catastrophe". Existing Section 9.3 now reads: MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W37 9.3 Building After Catastrophe Any non-conforming building or structure destroyed or damaged by fire, flood, lighting, wind or otherwise to the extent of sixty-five percent (65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under G.L. Chapter 40A. 3) To renumber the remainder of Section 9 appropriately - Section 9.4 will now be "Building after Catastrophe" and Section 9.5 will now be "Abandonment": The entire bylaw from the newly created Section 9.3 to 9.5, is listed below: 9.3 Pre-Existing Non-conforming Single and Two Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts a. Pre-existing Non-conforming Single and Two Family Structures: Pre-existing non-conforming single and two family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall not render the structure more non-conforming than the existing structure. Upon such determination, a building permit may be issued where applicable. The following circumstances shall be deemed not to increase the nonconforming nature of said structure: 1. Alteration of a structure which complies with all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient area, where the structure after alteration will comply with all of current Bylaw requirements except for lot area. 2. Alteration to a structure which complies will all current yard setbacks, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the structure after alteration will comply with all of current Bylaw requirements except for frontage. 3. Alteration to a structure which encroaches upon one or more required yard setbacks, where the structure after alteration will comply with all current bylaw requirements except for yard setbacks (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements). 4. Alteration of a structure which encroaches upon one or more required yard setbacks, where the altered part of the structure will comply with all current yard setbacks, or the alteration is to the side or face of the structure which encroaches upon a required yard setback, and the alteration does not further encroach upon the required yard setback. In either case, the altered structure must comply with current building coverage and building height MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W38 requirements (the provisions of this clause shall apply regardless of whether the lot complies with current area and frontage requirements). 5. Alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded. In the event that the Zoning Enforcement Officer (Building Commissioner) determines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, or change, the Zoning Board of Appeals may, by special permit, allow such extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. b. Pre-existing Nonconforming Single and Two Family Structures: No portion of this Section 9.3, Pre-Existing Non-Conforming Single and Two Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Zoning Districts shall be construed to allow for any uses other than those expressly allowed as defined in each above listed zoning district of the Zoning Bylaw. 9.4 Building After Catastrophe Any non-conforming building or structure destroyed or damaged by fire, flood, lightning or wind to the extent of sixty-five percent(65%) or more of its reproduction cost at the time of such damage shall not be rebuilt, repaired, reconstructed nor altered except for a purpose permitted in that zoning district in which such building is located, or except as may be permitted by a Special Permit or otherwise by the Board of Appeals acting under Massachusetts General Laws Chapter 40A. 9.5 Abandonment If any lawfully non-conforming building or use of a building or land be at any time discontinued for a period of two years or more, or if such use or building be changed to one conforming with the North Andover Zoning Bylaw in the district in which it is located, it shall thereafter continue to conform; or take any other action relative thereto Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting PLANNING BOARD EXPLANATION.• The purpose of this article is to modify the existing Non-Conforming Section of the bylaw to simplify the approval process for modifying pre-existing non-conforming structures by allowing some of the building permit applications to be approved by the Zoning Enforcement Officer instead of the Zoning Board of Appeals. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W39 Article 33. Amend Zoning Map — Portion of Osgood Street located Between 1250 Osgood Street (Beiiing Realty Trust) and 1284 Osgood Street from B1 and I2 to B2. To see if the Town will vote to amend the zoning designation of Parcels C-1 and C-2 from Business 1 and Industrial 2 to Business 2 a certain parcel of land shown on Plan of Land entitled "Proposed Re-Zoning Plan, in North Andover, Massachusetts, prepared for Forgetta Development LLC, 1049 Turnpike Street, North Andover, Massachusetts 01845, Marchonda & Associates, L.P., 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, date 1/30/02 and also shown on Map for Article 29 of the May 13,2000 as Approved by the Office of the Attorney General Dated 10-12-2000, both plans on file in the Office of the Town Clerk. Said parcel is more particularly bounded and described as: Beginning at a point on the westerly side of Osgood Street then proceeding N 57°42'54" W, 169.34 feet; thence N14008'15" W, 225 feet; thence N16 006'20" W, 60.89 feet; thence N13 047'20 W, 148.65 feet; thence N14 0W, 333.59 feet; thence N17037'10 W, 36.90 feet; thence N13 004'30' W, 49.97 feet; thence N51 023'24 E, 462.53 feet; thence S38 036'36" E, 188.80 feet; thence N86015'15" E, 149.43 feet; thence S72 016'43" E, 49.01 feet; thence S77 050'28 E, 200.21 feet, thence In a Southwesterly direction along the Westerly side of Osgood Street to a point, 762.44 feet; thence S34 025'24" W, 383.74 feet still along Osgood Street to the point of beginning. Containing 606,701 square feet. Or take any other action relative thereto. Petition of William Barrett and others Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W40 T 47 11is Map 34 Parcel 49 — ,� Rezone to Business 2 SEE t,,,AT NO, 3 J,j_A1TN( 34 mot' n Map 35 Parcel 9 Rezone to Business 2 �V, o & J "i Y �nr / —w_ �j>n.+�„ +,y,,.✓. { y:I,M1 ,kKF ,/ r`'r d p Article 34. Amending Zoning Map —Assessor Map 25 Parcel 4 (Willow Street off Route 114) from Residential 6 (R6) to General Business (GB). To see if the town will vote to amend the Zoning Map of the Town of North Andover by rezoning the following parcel of land from Residential 6 (R6) to General Business (GB). Said land is located on Willow Street. Said land is part of parcel of land shown on Assessor' Map 25, Parcel 4. Said land to be rezoned consists of approximately 145,508 square feet. Said Map on file in the Office of the Town Clerk; or take any other action relative thereto. Petition of Leonard J. Annaloro and others Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W41 w �,,:✓d '�' W 6,�i o< .rte: eh Map 25 Parcel i � + „ Rezone from R6 to d GB n Article 35. Discontinuance of Public Way — Wood Lane — Assessors Map 46 — Westerly Side of Chickerin2 Road to West End of Farrwood Avenue. To see if the Town will vote to discontinue as a public way and abandon any and all rights that the Town of North Andover may have in the unused portion of the so-called "Wood Lane' as shown on the town of North Andover Assessor's Map #46 or as it may otherwise exist, which unused portion of Wood Lane has a distance approximately 1,277 feet, measured due west from the westerly side of Chickering Road to the western end of Farrwood Avenue; or take any other action relative thereto. Petition of Robert Murray and others Planning Board Recommendation: To be made at Town Meeting EXPLANATION.• Development at the corner of Farrwood Avenue and Chickering Road, by Rennie's Florist, proposed clearing and using the currently unused and unmaintained portion of Wood Lane. An agreement between the developer and the Trustees of Reservations provides for a swap of interests in land to allow the developers to forego the use of that unused portion of Wood Lane. Approval of this Article will complete the process of allowing the preservation of the land in the vicinity of Wood Lane in its current natural state. MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W42 Article 36. Acceptance of Keyes Way (off Salem Street) as a Public Way. To see if the Town will vote to accept as a public way Keyes Way as shown on a plan entitled, "The Sanctuary a single family subdivision located in North Andover, Mass.",dated March 31, 1998, and recorded at the Essex North Registry of Deeds as Plan No. 13,603; or to take any other action relative thereto. Petition of John J. Willis, Jr. and others Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting Article 37. Acceptance of Acushnet Street. To see if the Town will vote to accept, a certain roadway, known as Acushnet Street, situated in North Andover, Essex County, MA, as described as follows: Shown on a Plan of Land in North Andover, Mass. Owned by J&V Realty Trust Scale 1"40', dated August 1972. Plan filed with the Essex County District Registry of Deeds, Lawrence, as Plan 6729, dated 11/29/72, Signed by the planning board of the town of North Andover, Donald Kierstead 11/28/72, Charles W. Trombly 11/28/72 and William Chepulis 11/28/72 The street is named as Acushnet Street, a 40' Private Way (N29-04- 01W), bound to the South by Peters Street (public 50'), to the North by Cotuit Street (N76-53-35E). Location to the East-Brewster Street (S29-04-01E), and running parallel with Turnpike Street, Route 114. Abutting property on record as owned by the First United Methodist Church and Michael Driscoll. Petition of Arlene K. Vasapolli and others Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting Article 38. Acceptance of Saile Way (off Great Pond Road). To see if the Town will vote to accept the following way, "Saile Way" as shown on Plan #12515 recorded at the Essex North Registry of Deeds. This included ownership and maintenance of the sewer lift station located within the easement at the end of the cul de sac of"Saile Way"; or take any other action relative thereto. Petition of Felicia S. Elias and others Board of Selectmen Recommendation: To be made at Town Meeting Finance Committee Recommendation: To be made at Town Meeting Planning Board Recommendation: To be made at Town Meeting MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W43 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 the Warrant with the doings thereon to the Town at the time and place of said meeting. Given under our hands this 12th Day of April, in the Year Two Thousand and Two. NORTH ANDOVER BOARD OF SELECTMEN Rosemary C. Smedile, Chairman Susan M. Haltmaier Donald B. Stewart James M. Xenakis Wendy D. Wakeman North Andover, Massachusetts Joyce A. Bradshaw, Town Clerk Attest: A True Copy Constable Date MAY 13,2002 2002 ANNUAL TOWN MEETING WARRANT Page W44