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HomeMy WebLinkAboutlayout20050406-town meeting warrant-jab Page 1 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) r W� "u t l� r 1 r 11 f /i; 4 IIl � IWl „ I I I II i 7 .I � IIII. h I I u / /////� ,,, �r/ ///,, // ///„ /iii .✓ r 'r pe y r r r / t � c I'm laying this out on 11x17"paper,but the newspaper pages only allow me a squarer,smaller portion of that. The margins are set roughly to my usable space,I can't fill the whole 11x17! I'm also using mostly Arial 12pt for this payout. That will shrink to 9pt.when this is printed on 8.5x11 paper,which is still legible. I expect the newspaper's typesetter and composer can improve the type a bit,I've gotten it on the right page but not been too fancy. Pick whatever typeface you want that looks good at full size and at 9pt. It doesn't help to make it smaller than will fit on the pages I've laid out. See http://townofnorthandover.com/05.10tmwarrant.pd for last year's version of this document for some layout hints. Front Cover:text as shown,background picture is"Town Hall Arch",which started as`North Andover Town Seal New r8(Pwc)l.jpg'and TownHallArchPict0009.jpg, and went through various changes to become THA9bc2Pcopy.jpg. Then it was inserted into WORD and cropped slightly to produce the final image. The idea is to have the cover picture look nice and graphic but not obscure the words overlaying it. Feel free to reset the words. Paul Stewart—(978)683-8966 printed 7/26/2012 2:18 PM As submitted to printer IMrequests on pages 1-16 noted as shown here(red highlight of first word). Else no changes. (no actual changes on this page) Page 2 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Table of Contents Paqe Pa e Annual Finance Committee Report to Voters..................................1 Supplemental Information North Andover FY06 General Fund Revenue Summary .....................4 North Andover Public Schools Budget....................44 Moderator's Simplified Rules of Procedure...........................................5 Finance Committee Public Hearing.........................55 Town Bylaws Affecting Town Meeting...................................................7 Thanks for Recycling.................................................56 General Fund Revenue Projections ........................58 Annual Town Meeting Warrant Message from Town Clerk Joyce A. Bradshaw......60 Article Town Meeting Information........................................61 1 Reports of Special Committees.....................................................8 2 Consent Articles..............................................................................8 3 Compensation of Elected Officials.................................................9 4 Amend General Fund Appropriation- Fiscal Year 2005 .............9 5 Transfer Unexpended Special Revenue & Capital Funds...........9 6 Prior Years Unpaid Bills................................................................10 7 Withdrawal from Northeast Mosquito Control District................10 8 General Fund Appropriation Fiscal Year 2006...........................11 9 Stabilization Fund(s) .....................................................................12 10 Capital Improvement Plan Appropriation FY2006......................12 11 Water Enterprise Fund Appropriation FY2006...........................13 12 Sewer Enterprise Fund Appropriation FY2006...........................14 13 Stevens Estate Enterprise Fund Appropriation FY2006............14 14 Establishment of Revolving Funds..............................................15 15 Community Preservation Committee &Appropriations.............17 16 Preservation Restriction -North Parish Church .........................18 17 Wetlands Protection-Amend Bylaw 178—Exemptions...........18 18 Newspaper Rack Bylaw-Add Bylaw 136...................................18 19 Tax Collector—Add Bylaw 54......................................................22 20 Sealer of Weights and Measures Fees- Bylaw 101-1 B...........23 21 Televising Land Use Meetings—Add Bylaw 44.........................23 22 Dogs-Nuisances-Amend Bylaw 88..........................................23 From the North Andover Home Rule Charter: 23 Establish Affordable Housing Trust.............................................24 9-6-1 The Finance Committee shall ... issue 24 Citizen Participation Mechanisms................................................25 printed recommendations and detailed explana- 25 Change Town Election Date to June...........................................27 tions on all financial articles including the Operating 26 Third Telecommunication Antenna Stevens Estate...................27 Budget and the Capital Improvements Plan in an 27 Emergency Preparedness MOU..................................................28 Annual Finance Committee report, which shall be 28 Discontinuance of 922 Dale Street..............................................28 mailed or distributed to the residences of all regis- 29 Roadway Acceptance-Coachman's Lane, Concord, etc.........29 tered voters at least ten days prior to the scheduled 30 Roadway Acquisition &Accept-Adams, Autran, etc................30 date of the Annual Town Meeting. 31 Street Acceptance-Anvil Circle ....................................................31 32 Street Acceptance-Amberville Road ...........................................32 The Town Manager shall: 33 Street Acceptance-Garnet Circle................................................32 4-3-2(1) Distribute, or cause to be distributed, cop- 34 Street Acceptance- Palomino Drive.............................................32 ies of the warrant and Finance Committee report 35 Street Acceptances-Willow Street, (South), Bayfield.................32 for all town meetings to the residences of all regis- 36 Street Acceptance Delucia Way..................................................33 tered voters. 37 Timber Lane-Transfer to Board of Selectmen..........................33 This booklet is that distribution. 38 Rezone Police Station Area.........................................................34 39 Rezone Turnpike Street................................................................35 40 651 Turnpike Street-Route 114-Amend Zoning Map...............36 41 1503 Osgood Street-Amend Zoning Map.................................36 42 1000 Osgood Street From 12 to B2-Amend Zoning.................37 43 Phased Development-Amend Zoning Bylaw 4.2.1 ..................37 44 Adult Entertainment—Amend Zoning Bylaw 8.8.7 ....................40 This document was originally printed on partially 45 Wireless Service Facilities- Municipal exemption -8.9 ............40 or entirely recycled newsprint, and can be re- 46 Signs-Amend Zoning Bylaw Section 6.6...................................41 cycled again. For additional information on North 47 Allowed Uses- Industrial 2 -Amend Zoning 4.133....................41 Andover's recycling programs, please visit the 48 Calculation of Allowable Residential -Zoning 8.5.6.G...............42 DPW at 384 Osgood Street, call them at (978)685-0950, or visit their website at www.NorthAndoverRecycles.com. I want the next page(the 3 d page of the book if you count the front exterior and interior covers as 1 and 2)to be labeled`Page F and all page numbers to go on from there. The pagination of much of this is important,I've done it the way I want it and you can squeeze or expand to make it happen. Do you have a recycling symbol to put with the recycling message above? some TOC entries were yellow since I wasn't sure if they would be included or not. Now they are all set. this is the final TOC. You check the page numbers(hopefully just as I've got them!) Page 3 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) To the Voters of North Andover: stress. Consequently, a method that prioritizes and properly funds our Town's key services is more appropriate. Essential services should be given first funding priority. Government Last year's Annual Report stated: mandated services require a certain level of funding. "Desira- North Andover is treading water. We cannot simply wait to ble" services certainly add value to our community but should be rescued by a strengthening economy. Such a rescue be lowest on the prioritization list. Examples of prioritization primarily means more state aid. Reliance on increased are listed below: state funding is not the forward-thinking strategy that our Town needs to become financially stable in the future. Nor Essential Services: is it a realistic strategy as future allocations strategies will . Public Safety(Police & Fire Departments) likely direct a higher percentage of state aid to less affluent Snow& Ice Removal communities. We are no longer"treading water". We are sinking. North Government Mandated Services: Andover's current approach to its planning and finances • Education is inadequate. State aid will not rescue North Andover. • Administrative Services North Andover's elected officials need to make the tough Desirable Services: choices that will lead to a solution of our Town's financial difficulties. • Library • Elder Services Outreach This report discusses several current issues and challenges. • General Recreation Since the majority of the Town's revenues come from you, the • Trash Removal taxpayer, you are urged to become educated on the various • Youth Services Recreation issues and come to Town Meeting on May 9th to direct your • Elder Services Recreation Town government in its actions for the coming year. Department Challenges Finance Committee Objectives Every department in North Andover has been stretched to the First and foremost, The Finance Committee's responsibility is limit. Reduced department funding will result in difficulty pro- to provide clear and concise information to the Town's citizens viding department services. Examples include: regarding North Andover's finances in a format that is easy to • The DPW will have issues maintaining our streets. understand. It is important to provide a comprehensive view of . The police department will be short personnel in un- each department's financial picture — not just the capital im- iformed and support positions. provement plan and operating budget. Over the last two years, . Town Vehicles will not be replaced and serviced in a the Finance Committee has invested a great deal of energy in timely manner. enhancing the overall credibility of North Andover's budget. . Stevens Library, the Treasurer's office, Elder Services, and the Public Health Department are all under— Revenue and Fixed Expense Committee staffed and will struggle to provide services to our At last year's Town Meeting, the Finance Committee spon- citizens. sored an article calling for the establishment of a Revenue and • The School Department may close one school and lay Fixed Expense Committee. The purpose of this committee is off numerous staff members. to examine and forecast expenses and revenues for each up- coming fiscal year. Debt Debt is typically used to pay for improvements to a Town's in- Town Meeting approved the Article and the first meeting of the frastructure. However, every dollar that is spent to service debt committee, comprised of two Finance Committee members, takes a dollar away from the Town's ability to provide other the Superintendent of Schools, the Finance Director, and the services. While dollars spent on debt service have increased Town Accountant took place in November. Subsequent meet- in the last several years, Moody's expects that North Andov- ings included interviews with our state legislators to gain er's"above-average"debt burden will "remain manageable". insight into the level of funding we could expect from the Commonwealth. Throughout the process, the Town Manager Using "One Time" Revenues to Balance the Budget has served in an ex-officio capacity, providing input where ap- With reservations, the Town Manager has recommended us- propriate. The input of this important group served as a basis ing reserves to close the gap between revenue and expenses. for certain revenue & fixed expense portions of the FY06 The Manager's budget calls for over $1,400,000 to be drawn budget. from free cash and an additional $400,000 to be used from funds derived from the dissolution of the NEWSC solid waste Prioritization of Services disposal agreement. Prior operating budgets have essentially been developed by taking the prior year's budget and modifying it for the upcom- While this is a necessary practice during our time of financial ing fiscal year. While such a method has minimized difficulty, it not desirable. There exists an inherent danger in controversy in prior years, it is less viable in a time of financial the funding of recurring services with one-time revenue `State aide' 4 `State aid' in the bold paragraph in upper left Page 4 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) sources. If a one-time revenue source is not available in the The Impact of Special Education Costs following year, the service funded in the previous year may be Massachusetts Special Education Law requires that school eliminated. districts accommodate the needs of students with certain dis- The danger of this practice is best demonstrated by a situation abilities. In most cases, special needs students are taught with that occurred in the FY05 Budget. Last year, the School De- non-special needs students in the traditional classroom envi- partment drew an amount in excess of$500,000 from various ronment. Students with more significant disabilities may School Department special revenue accounts to maintain a require education in private schools outside of North Andover. certain level of service. These same resources are not availa- The Town is required to pay the tuition and transportation for ble for FY06, thus creating a reduction of monies available for these students from age 3 through age 21. To meet these funding education in North Andover. mandates, the School Department is shifting monies away from regular education. In FY05, Special Education needs in- Certain unexpected events can have a devastating impact on creased 8.8% while regular education spending decreased by town resources, especially if reserves have been used to fund 5.2%. This has contributed to the School Department's need other services. The most obvious example relates to the re- to cut regular education services. sources necessary to keep our town plowed and sanded during the winter. This past winter, which was reported to be Education(Lncluding Special Education) one of the top five snowiest winters in history, has severely Fiscal Year Dollars %Change drained town coffers. To date, the cost to keep our roads safe this past winter is $1,230,947, which is $744,505 greater than FY00 (actual) 23,137,667 what was budgeted and $545,417 higher than the average of FY01 (actual) 25,444,107 10.0% the prior seven years. While North Andover will cover this ex- FY02 (actual) 27,484,107 8.0% pense, it will do so at the cost of other Town Services instead of being able to draw on reserves. FY03 (actual) 29,532,518 7.5% The Impact of Fixed Expenses FY04 (est.YE) 29,923,053 1.3% It is generally believed that the town should be able to main- FY05 (rec.) 30,315,648 1.3% tain a level service budget simply because the annual increase Cum. Change'00 Act'l-'05 Rec. 31.0% in taxes is enough to keep pace with inflationary pressure on Compound Annual Growth Rate 5.6% town expenses. Unfortunately, nothing could be further from the truth. Many costs have increased at a much higher pace than inflation and have exceeded the Town's revenue growth. Special Education Health insurance premiums, energy costs, and contractual Fiscal Year Dollars %Change salary increases are just a few examples. These increases re- FY00 (actual) 4,676,640 duce the amount that the Town has available for its operating FY01 (actual) 5,214,580 11.5% expenses. FY02 (actual) 6,063,132 16.3% Fixed Costs FY03 (actual) 7,006,956 15.6% Fiscal Year Dollars %Change FY04 (est.YE) 7,625,885 8.8% FY00(actual) 10,290,862 FY01(actual) 11,771,251 14.4% FY05 (rec.) 9,169,169 20.2% FY02(actual) 13,969,093 18.7% Cum. Change'00 Act'l-'05 Rec. 96.1% FY03(actual) 15,328,061 9.7% Compound Annual Growth Rate 14.4% FY04(budget) 18,944,055 23.6% FY05(rec.) 19,830,865 4.7% Education(Excluding Special Education) Cum.Change'00 Act'l-'05 Rec. 92.7% Fiscal Year Dollars %Change Compound Annual Growth Rate 14.0% FY00 (actual) 18,461,027 Municipal Departments FY01 (actual) 20,229,527 9.6% Fiscal Year Dollars %Change FY02 (actual) 21,420,975 5.9% FY00(actual) 13,170,518 FY03 (actual) 22,525,562 5.2% FY01 (actual) 13,522,722 2.7% FY04 (est.YE) 22,297,168 -1.0% FY02(actual) 14,157,604 4.7% FY05 (rec.) 21,146,479 -5.2% FY03(actual) 1 14,892,393 5.2% Cum. Change'00 Act'l-'05 Rec. 14.5% FY04(budget) 14,632,717 -1.7% Compound Annual Growth Rate 2.8% FY05(rec.) 14,945,633 2.1% Cum.Change'00 Act'l-'05 Rec. 13.5% Compound Annual Growth Rate 2.6% The pictures above correspond to spreadsheets in excel workbook`JacksTables.xls'. I had to squeeze to get everything to line up OK. This is how it should line up(the two tables at the bottom of the left column,the three as shown in the right column). Make them all the same size and the biggest you can and still fit that arrangement. Paul 978-683-8966 Page 5 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Property Tax Increases Funding the Snow&Ice Removal Budget While taxpayers have seen significant property tax increases The accounting regulations in Massachusetts permit communi- over the last several years, it should be noted that the majority ties to underestimate the cost of snow and ice removal. Over of these increases are a result of Proposition 2 '/ debt exclu- the last several years, North Andover has consistently under- sions that were passed to make much-needed improvements budgeted this line item. Last year, the Finance Committee to the Town's infrastructure. In addition, the Community Pre- recommended increasing the amount from $309,442 to servation Act which funds open-space acquisition, affordable $560,000. For FY06, the Finance committee recommends in- housing, and historic preservation is funded through a 3% sur- creasing the Snow & Ice Removal budget to $685,530. While charge on property taxes. For FY2006, the median taxpayer's the amount does not fully fund the five-year average, it is a bill is estimated to increase by 2.7%, inclusive of the above- step in the right direction. mentioned debt exclusions and CPA surcharge. Proposition 2 '/2 Overrides Spending the Town's Reserves Several Town core facilities such as the police station and a Much has been said about using the Town's reserves to sup- fire station are in serious disrepair or require significant im- plement our revenues for Fiscal Year 2006. Our reserves are provements to operate properly in today's environment. Given comprised of free cash and the Stabilization Fund. Overuse of our current economic situation, it is unlikely that the Town will our "rainy day" money can leave our Town without needed be able to afford these additions through its operating budget. funds in the future. As a result, the Town Manager, the Board of Selectmen and the Finance Committee have recommended that improve- North Andover has a $66.5M expense budget. That means we ments to these facilities be funded through debt exclusions. spend $66.5M to provide the current level of service for our Without override funding, it is unlikely that any major town citizens. Our stabilization fund is just $319K. Our auditor eu- project will be affordable without severely sacrificing town ser- phemistically referred to this as "chump change". He vices. suggested a Stabilization Fund somewhere between $1.OM and $1.5M. North Andover's voters overwhelmingly voted against a debt exclusion override to fund a new police station. Consequently, Since our reserves are often equated to a family's savings ac- additional debt exclusion overrides are unlikely to be recom- count, the following example should serve as an eye opener. mended in the near future by the Board of Selectmen. Consequently, North Andover's infrastructure will not receive Most families spend what they earn and have a little bit in a adequate attention. savings account for emergencies. North Andover's $319K sta- bilization fund is the equivalent of a family with a $50,000 Conclusion income/expense situation having just $239 in its emergency For the fourth consecutive year, the budgeting process savings account! has been challenging. Town employees will be laid off. Services will be reduced. Without immediate action on the Moreover, our Town Manager has clearly stated that future part of North Andover's policy-makers, the financial future free cash cannot be predicted. Therefore, we may be using a of our community looks bleak. No longer will minor one-time source of cash to fund an annual expense. changes around the fringes of the budget suffice. It is time for the Town's elected and appointed officials, as Trash/Recycling well as the members of Town Meeting and the electorate, There has been a great deal of discussion regarding our to look beyond the near term and develop specific strate- Town's solid waste disposal and recycling programs. North gies that will enhance North Andover's financial situation. Andover's Solid Waste Advisory Committee (SWAC) has clearly identified that significant savings may be realized if North Andover citizens adhere to Commonwealth of Massa- chusetts recycling laws. In February, North Andover began enforcing certain recycling laws. Consequently, the town should see a reduction in solid waste disposal costs in FY06. Respectfully Submitted, North Andover Finance Committee Jack Watkins, Chairman Keith Mitchell,Vice-Chairman Bernice Fink Michael Batsimm Mark Nichols Melinda Coppa Paula Porten Stephen Dawe Paul Stewart The North Andover Finance Committee, constituted as required by Massachusetts law and the North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all aspects of municipal finance on behalf of the Town's residents. I can't make the signature block move up into the right column,but you're welcome to(just keep the appearance of the block,but move it up about half way into the whitespace,or wherever it looks best). The shaded box should be near the bottom of the page regardless. On all shaded boxes,make the shading as light as you can and still have it look shaded. If the shading is too much then you can't xerox a page and it's hard to read the words inside. See accompanying notes on page headers and footers(like last year)supplied by you-all. Page 6 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) North Andover FY06 General Fund Revenue Summary (as of April 2,2005) The Town receives revenues from many sources: taxes, fees, Below is a summary of revenues projected for FY06 that are State and Federal aid, grants, etc. Some revenues are unre- available to the General Fund. The revenues list has been stricted and go directly to the General Fund (for example, examined by a number of knowledgeable groups and updated property taxes). Other revenues are restricted by law or by as new information has become available. Projections will the terms of their grant and go directly to their designated continue to change between the time this document goes to purpose (e.g., the library grant). Some revenues for a particu- print and the Town Meeting.An update will be provided at that lar fiscal year come from monies accumulated in prior years time. After Town meeting, revenues will then continue to (e.g., transfers from Special Revenue Funds) or from reve- change as State Aid is finalized and as FY06 plays itself out. nues that came in higher than expected or expenditures that Perfectly predicting the future is impossible. The chart below were less than budgeted (e.g., Free Cash). represents the best estimate as of April 2. Largest 12 Components of Projected FY06 General Fund Revenues Total Projected FY06 General Fund Revenues: $66,997,828 Chapter 70 State Aid to Education Property Taxes Motor Vehicle Excise School Building Assistance State Aid Lottery,Beano&Charity Games Transfer from Free Cash Host Community Per Ton Transfer from Enterprises (Water,Sewer,Stevens) Ambulance Service Building Inspection Fees Bond Premium NESWC Dissolution All 56 Other General Fund Revenues All the figures behind this summary may be found in the Supplemental Information section toward the end of this booklet. Above pie chart is in R4Bs in FY06Budget4Book.x1s `predicating' to `predicting' in the last sentence in the top text. pie has changed (sorry!) Page 7 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 2-5-1 A moderator, elected in accordance with the provi- 2-6-2 The Town Clerk shall make copies of the simplified sions of chapter 6, shall preside at all sessions of the town rules available for distribution to those requesting them,to meeting. new voters at the time of registration, and to those in atten- 2-6-1 Rules of parliamentary procedure in simplified form dance at all sessions of the town meeting. shall be prepared by the moderator and shall annually be in- cluded in the Finance Committee report. North Andover Home Rule Charter The following are the Moderator's simplified rules of par- 5. All remarks should be addressed to the moderator (al- liamentary procedure and an explanation of various though obviously all are listening). Direct interrogation of aspects of our North Andover Town Meeting, previous speakers is not permitted. Town Meeting ules of 6. An amendment (changing the main motion) can be offered g during the course of debate, and will change the discussion to Parliamentary Procedure consider the proposed amendment (only). Specific wording of (Simplified Form) any proposed amendment should be made available to the moderator and town clerk. The rules of North Andover's open Town Meeting are based 7. While deliberation and debate are fundamental to Town upon the traditions established by the citizenry of New Eng- Meeting, in due course it will become apparent that voters land communities, acting as legislators of their local have received essential information, and are ready to act. governments. More than 250 Massachusetts towns conduct There has been no established parliamentary method of sup- "open town meeting", wherein each registered voter in atten- pressing debate; voter reaction and the moderator's guidance dance has an equal voice in the decision making process. tend to discourage repetitious statements. Specific parliamentary rulings within our meetings are made g. Votes are taken by various methods — voice (Ayes and by the Moderator, using Massachusetts General Laws, the Nays), a "show of hands", or a counted vote. For other than a North Andover Charter, North Andover By-Laws, and local counted vote, seven (7) voters may doubt the announced vote tradition as the basis for these decisions. Although not formal- by rising and standing in place; such doubt will cause a ly adopted for North Andover's meetings, the book "Town counted vote to be taken. Meeting Time, A Handbook of Parliamentary Lave', published by the Massachusetts Moderators'Association, often provides 9. Most issues will be decided by a simple majority of those guidance for unusual situations. Roberts' Rules, more suited voting; issues requiring a two-third (2/3), four-fifth (4/5), or to regularly recurring meetings of an established board, are other majority will be clearly identified to the meeting. not applied. Town Meetings of Massachusetts towns are simi- A Glossary of Town Meeting Terms: lar, but not identical; local traditions can significantly affect local proceedings. North Andover's meeting procedures are Town Meeting - A duly-called meeting in which all registered intended to present questions clearly to the voters, with mi- voters are eligible to participate. It is the Town's legislature, nimal confusion, for their decision. where fiscal issues, zoning changes, by-law amendments, At any North Andover Town Meeting: and other matters affecting the Town are decided. A regular (Annual) Meeting is held each May to decide issues for the 1. The first action required after the announcement of any Ar- fiscal year starting in July. A (Special) Town Meeting may ticle on the Meeting's Warrant is that a Main Motion be be called at other times, to deal with issues that cannot wait proposed, before discussion and debate can begin. The for the next Annual Meeting; a Special Town Meeting is sponsors of an article, or town boards with recommendations, called by the Selectmen; a petition of two hundred (200) are likely sources of a main motion. voters will cause one to be called. 2. Anyone wishing to address the meeting should seek the Warrant- Public notice of business to be considered at Town attention of the moderator when no other speaker has the Meeting. It is publicly posted throughout the Town, sets a floor. Public microphones are available, where a speaker time and place for the meeting, and contains one or more seeking to be recognized will call out"Mr. Moderator..." articles. The warrant is opened by the Selectmen for article 3. Once recognized by the moderator, a speaker is normally submission prior to the meeting, and closed well in advance limited to five (5) minutes to address the meeting on the cur- of the meeting. rent article. Exceptions (for extended time) can be granted by Article - Definition of an issue to be decided at the meeting. a vote of the meeting, or by prior arrangement with the mod- Individual matters are described in articles so that all voters erator, particularly if visual displays will be used (See `A are warned of potential action to be taken. The scope of Special Note on Visual Presentations', below). Questions are each article sets the bounds of actions that may be taken. welcome, as well as statements endorsing a position. Articles are submitted by Town agencies, or citizen petitions 4. Each speaker should introduce him/herself, using name of ten (10) at annual meetings, or one hundred (100) at and street address the first time speaking at any session of special meetings. Town Meeting. If acting as attorney or paid agent for another, (continued) that should be disclosed at the start of any remarks. Page 8 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Main Motion - Required under the article (and within its Town Counsel - The Town's Attorney, appointed by the Se- scope) for the meeting to act. It may be as simple as "To lectmen. Counsel will make legal ruling, and advise the adopt the article, as printed in the warrant" or a more com- meeting, as needed. plex action, as long as the article's scope is not exceeded. A main motion should be made and seconded for discussion Other Players-The following participants have strong inter- to proceed; a favorable recommendation from the Finance est in assuring the meeting's success. They will propose Committee will be taken as a main motion, made and issues and supply information to the voters: seconded. Whenever possible, affirmative (rather than neg- School Committee, ative) main motions are preferred to avoid confusion. Town Manager, Amendments - May be offered to a main motion, debated Superintendent of Schools, and accepted or rejected. Complex amendments should be Town Accountant, submitted to the Moderator in writing. Individual amend- Department Heads, and ments will be considered in turn; amendments to Town Committees. amendments are discouraged. The resultant (possibly Supporting Casts-The following staff supply the necessary amended) main motion will ultimately be voted upon. support to conduct a meeting of this size: Reconsideration - Of action under an article may be pro- Registrars of Voters, posed only once. The option is useful when inter-dependent Voter Check-in Clerks, decisions are to be made under separate articles; it is dan- Counters, gerous when introduced after a hard-fought decision has Public Safety Officer, and been made, and there has been a change in the audience. Facilities Manager of the building used. Introducing a motion to reconsider immediately after a hard- fought decision, with the expectation of its defeat, will effec- tively lock out future reconsideration. A Special Note on Visual Presentations Adjournment - To another date and place certain may be Prior to the 2003 Annual Town Meeting, any speaker at Town proposed and voted to recess the meeting to a future ses- Meeting was allowed up to fifteen (15) minutes to present ma- sion. terial, if a visual presentation was involved. Because of an Dissolution - Is the final act of a meeting. All issues will have increasing number of such presentations, together with de- concluded, and future discussion will require another war- creasing patience of many Town Meeting attendees, it is rant for another meeting. planned that different rules will apply this year. If more than the nominal five (5) minutes is required: The Players Visual presentations by Town agencies, with similar rec- Voters - The ultimate decision makers. Voted decisions are ommendations on an article, will be consolidated into a binding on the entire Town, including its elected officials. single presentation. That presentation, coordinated with Moderator- Elected, responsible for the conduct of the meet- the moderator at least one week prior to a town meeting, may exceed 15 minutes, but will reduce the time needed ing. Parliamentary rulings, conducting of the debate, and for multiple presentations. voting are vested solely in the Moderator. Town Clerk - Appointed by the Town Manager, responsible Visual presentations by citizens or citizen groups must al- for distributing notice of any Town Meeting, keeping all pub- so be coordinated with the moderator at least one week lic records associated with meetings, and producing the final prior to a town meeting. The moderator will encourage recorded minutes of actions voted. The Town Clerk's mi- consolidation of presentation material, to benefit the at- nutes are the only tangible result of much thoughtful debate, tending voters, and to achieve balance during the debate. and voting;they are used in formal enactment of local laws. "One picture is worth one thousand words." — should be Selectmen - Elected, responsible for calling the meeting and the guiding principle of visual presentations. Any informa- ordering the warrant. This executive board is often autho- tion that is unable to be conveyed easily in verbal form rized by the meeting to act in the Town's behalf between (maps, images, graphs) is a good candidate for visual dis- Town Meetings. play, improving the deliberations. Finance Committee -Appointed by the Moderator, responsi- Any visual display must be able to be easily viewed by all ble for recommending on financial and often other articles. attendees at Town Meeting. (If a display cannot be seen This cross-section of citizens has the opportunity to investi- beyond the first few rows of the audience, it is not accept- gate articles proposed to the meeting and make able for use.) Technical assistance and arrangements for independent recommendations. display equipment can be coordinated with the Town Clerk Planning Board - Appointed by the Town Manager, respon- or Moderator, preferably at least one week before the sible for administering the Town's Zoning By-law. This meeting. Computer, projectors and screens are available; board is required to hold hearings and make recommenda- use of an overhead projector is discouraged. tions on articles which effect zoning or environmental issues. (continued) Page 9 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Courtesy Issues: Town Bylaws Affecting Town Meeting • Address the meeting with new information, to persuade 59-1. Adjournment - When a Town Meeting shall be ad- undecided voters. Re-iterating old information as a show journed to a time certain that is more than fourteen (14) days of support takes time and does little to affect the outcome from the time of adjournment, the Town Clerk shall cause no- of a vote. tice of the time and place of such adjourned meeting to be • Please refrain from applause or negative jeers during dis- duly posted in three (3) or more public places in each precinct cussion. in the Town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state • Brevity in remarks shows respect for the value of your the business to come before such meeting. neighbor's time. The most persuasive statements at Town 59.2. Quorum - There is no quorum requirement for Annual meeting are often the most succinctly stated, retaining the or Special Town Meetings. audience's full attention. 59.3. Reconsideration Vote - Unless the Moderator shall Participation at Town Meeting is an American tradition, one otherwise rule, for reasons which he shall state to the meet- which differentiates New England towns from other regions ing, no second motion for reconsideration of any action taken and from larger cities. Decisions made by these meetings are entertained during that meeting or any Town Meeting shall somehow more satisfying than those delegated to elected or any adjourned session thereof. boards or paid staff. Help maintain this tradition by joining with 59.4. Secret Ballots- Upon motion duly made and seconded, neighbors to discuss the issues. We will respect the value of at any Annual or Special Town Meeting, and upon the affirma- your time and participation. tive vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting shall be Charles A. Salisbury, voted upon by Australian (Secret) Ballot. Town Moderator Massachusetts General Law also provides: Chapter 39: Section 17 Powers of moderator; preserva- Charl e@Salis8 tion of order - No person shall address a town meeting Charlie @Salisbury.org without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If a person, after warning from the moderator, persists in disorderly behavior, the mod- erator may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned. Page 10 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) NORTH qw- p �t"ED 064 "YO `p ' to 1y- N 1'WICK y1. �.9 p�gATED pPQ`�,�5 SSACHUS� Town of North Andover Annual Town Meeting Warrant May 9, 2005 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 on Monday May 9, 2005, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Special Committees. 12(b), to authorize the Town Manager or the Superin- tendent of Schools to solicit and award contracts for To see if the Town will vote to hear the reports of any ap- terms exceeding three years, including any renewal, ex- pointed special committees; or to take any other action tension or option, provided in each instance the longer relative thereto. term is determined to be in the best interest of the Town Petition of the Board of Selectmen by vote of the Board of Selectmen or the School Com- mittee, as appropriate. Recommendations: C. Authorization to Accept Grants of Easements. Board of Selectmen:...................................Favorable Action 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 Committee deem in the best interest of the town. Article 2. Consent Articles. D. Authorization to Grant Easements. To authorize To see if the Town will vote the following consent articles. the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer, roadway A. Reports of Receipts and Expenditures. To see if and utility purposes on terms and conditions the Board the Town will vote to accept the reports of receipts and and Committee deem in the best interest of the Town. expenditures as presented by the Selectmen in the 2004 Annual Town Report. Petition of the Board of Selectmen B. Authorization of the Town Manager or Superin- tendent of Schools Regarding Contracts in Excess Recommendations: of Three Years. In accordance with the provisions of Board of Selectmen: ..................................Favorable Action Massachusetts General Laws Chapter 30B, Section There is an accompanying file `Town Seals.doc'that has 3 versions of the circular seal. Choose the one that prints best and use it here and in the School section. The most detailed is the preferred if you can print it well. Page 11 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 3. Compensation of Elected Officials. who chooses not to participate in the heath insurance pro- gram receives a stipend of $2,000. An elected official who To see if the Town will vote to fix the salary and compensa- does choose to participate in the plan can receive the $2,000 tion of the elected officers of the Town, as provided by stipend and $11,856.12 (family plan) in additional benefits Section 108 of Chapter 41 of the Massachusetts General from the Town. Total compensation for the latter official is Laws as follows: $13,856.12 or almost 7 times more than the former official. Board of Selectmen/Licensing Commissioners, We urge the Town to seek methods to eliminate inequities in per person, per annum $2,000 current compensation as well as in health insurance retire- Chairman, per annum, in addition $300 ment benefits for elected officials. School Committee, per person, per annum $2,000 The Finance Committee further recommends that the Board Chairman, per annum, in addition $300 of Selectmen eliminate health insurance benefits for elected Moderator, For Annual Town Meeting $100 officials, as is their right and authority under MGL 32B, sec. 2. For each Special Town Meeting $50 or to take any other action relative thereto. Article 4. Amend General Fund Appropriation For Petition of the Board of Selectmen Fiscal Year 2005. Recommendations: To see if the Town will vote to amend the General Fund Ap- Board of Selectmen:...................................Favorable Action propriation for Fiscal Year 2005 as voted under Article 10 of the 2004 Annual Town Meeting; or to take any other action Finance Committee: ...................................Favorable Action relative thereto. FINANCE COMMITTEE EXPLANATION: Petition of the Board of Selectmen There are four elements in the compensation program for Recommendations: elected officials: Board of Selectmen: ............To Be Made At Town Meeting Finance Committee:.............To Be Made At Town Meeting 1. The annual stipend ranges from $100 per year for the FINANCE COMMITTEE EXPLANATION: Town Moderator to $2,300 per year for the Chairs of the Board of Selectmen and the School Committee. Seeks to transfer from accounts with surpluses to accounts 2. Elected officials are afforded access to North Andover's with deficits for FY2005, an action taken to move monies to health insurance benefits. Currently, the annual cost to the where they are now known to be required and to reduce or Town for an individual plan is $4,789.08. For a family, the an- eliminate the need to carry deficits into the FY2006 budget. nual cost is $11,856.12. Since North Andover's plan is self- The actual amounts involved will be presented at Town Meet- funded, additional costs may be incurred by the Town as a ing. result of medical issues. 3. Elected officials qualify for a pension, albeit a very small Article 5. Transfer of Unexpended Funds from Special Revenue and Capital Funds. one. 4. Elected officials who have enrolled in the pension plan and To see if the Town will vote to transfer unexpended balances have served North Andover for two full terms (six years) quali- from Special Revenue and Capital Funds; or to take any other fy for the retired employees health insurance benefit. action relative thereto. Currently under this plan, the Town pays 90% of premiums Petition of the Board of Selectmen from the age of 55 through age 64. From age 65 onward, the Recommendations: Town pays 75% of the premiums. Board of Selectmen: ............To Be Made At Town Meeting It should be noted that if a stipend (#1, above) is paid, Mas- Finance Committee:.............To Be Made At Town Meeting sachusetts General Law allows elected officials to qualify for FINANCE COMMITTEE EXPLANATION: the other three benefits. If the stipend is not paid, officials qualify for none of the benefits. There are numerous Special Revenue Funds (grants, gifts, Massachusetts law has created a difficult situation for Towns. and `revolving' funds from fees), Capital Project Funds (mo- Elected officials work diligently on behalf of the Town and nies appropriated by prior Town Meetings for specific should be entitled to compensation while serving their terms projects), and Trust Funds on the Town's books. Most of of office. However, health insurance premiums paid by the those are in regular use for their designated purpose, but a Town during an official's retirement could easily exceed few are getting a bit long in the tooth, and are being consi- $100,000. While concerned over potential future liabilities, the dered to see if they can be closed out. Any such funds which Finance Committee supports reasonable and equitable com- require Town Meeting action can be transferred under this Ar- pensation for elected officials. Currently, an elected official ticle. The little table in the upper left is in the ElectedPay tab in the FY06Budget4Book.xls file. As an example,you could put a little more whitespace above the Article titles so the right column is justified and the bottom of the bottom box is even with the bottom of the page. in second paragraph from bottom: `requires that elected officials' to `allows elected officials to' Page 12 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Article 6. Prior Years Unpaid Bills. Article 7. Withdrawal from Northeast Mosquito Control District. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of To see if the Town will vote to withdraw from the Northeast money for the purpose of paying unpaid bills of prior years of Mosquito Control District effective as of the end of the last day the Town; or to take any other action relative thereto. of June,2005; or to take any other action relative thereto. Petition of Paul P.Stewart and others Petition of the Board of Selectmen Recommendations: Recommendations: Board of Selectmen Unfavorable Action . .............................. Board of Selectmen:............To Be Made At Town Meeting Finance Committee:.............To Be Made At Town Meeting Finance Committee: ............To Be Made At Town Meeting FINANCE COMMITTEE EXPLANATION: FINANCE COMMITTEE EXPLANATION: When the West Nile virus was first detected in Massachu- Any prior year bills brought forward before Town Meeting will setts, North Andover voted at Special Town Meeting on be included in this Article. This type of Article has a special December 11,2000: voting requirement of 4/5ths at an Annual Meeting: VOTED BY MAJORITY that the Town to join the Northeast Massachusetts Mosquito and Wetlands Management Dis- MGL Chapter 44: Section 64. Payment of bills incurred in trict for Fiscal Years 2001, 2002 and 2003 and to raise and excess of appropriations. appropriate $15,000 for the purpose of paying for the first Any town or city having unpaid bills of previous fiscal years ... year membership assessment for the district. may, in the case of a town, at an annual meeting by a four (2000 Annual Report—page 137) fifths vote, or at a special meeting by a nine tenths vote, of the voters present and voting at a meeting duly called, ... appro- Contrary to the Mosquito Control District's title, this service priate money to pay such bills; ... does not do provide any general mosquito control. Rather, it monitors for and reacts to mosquito-borne diseases. The pro- jected cost for FY06 is$81,236. More information is available at www.mass.gov/aqr/mosquito/ Above in Article 6 is an example of a pattern I follow. The Finance Committee Explanation is shaded,but if it includes a Mass General Law(MGL),that is not shaded, although it is within the box. On this page there's lots of leftover space. Leave blank or insert stock North Andover photo. next-to-last paragraph in the right-hand shaded box is replaced. Page 13 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 8. General Fund Appropriation Fiscal Year FINANCE COMMITTEE EXPLANATION: 2006. Due to significant financial constraints, North Andover will To see if the Town will vote to raise and appropriate, transfer need to make some difficult choices this year. The Finance from available funds or otherwise provide a sum or sums of Committee recommends that all appropriate parties in Town money for the purpose of funding the General Fund for the government devote additional time and resources to the Fiscal Year beginning July 1, 2005 and ending June 30, 2006; budget process between now and Town Meeting. Conse- or to take any other action relative thereto. quently, the reader will see only a range of potential budget Petition of the Board of Selectmen adjustments as compared to the Selectmen's FY06 Recom- mended Budget. For example, the notation "0% to -3%" Recommendations: indicates a potential reduction of up to 3% on that line item. A Board of Selectmen:............To Be Made At Town Meeting final recommendation will be made at Town Meeting. Finance Committee: ............To Be Made At Town Meeting General Fund FY2006 Recommendations Department Town Board of Finance Committee Appropriation Details FY2004 FY2005 Requests Manager Selectmen Change Range Actual Budget 1/7/05 2/16/05 3/14/05 3/31/05 General Government Town Moderator 150 150 150 150 150 0% Selectmen/Town Manager 232,208 228,473 243,273 243,690 243,690 0%to-3% Asst.Town Manager/HR 88,514 90,159 92,296 93,930 93,930 0%to-3% Finance&Administration 71,095 83,800 91,897 91,897 91,897 0%to-3% Town Accountant 145,015 157,539 154,428 158,397 158,397 0%to-3% Finance Committee 11,500 500 1,000 1,000 1,000 0%to-52% Treasurer/Collector 241,709 250,466 266,111 253,747 269,460 0%to-3% Outside Auditing 55,000 46,000 46,000 46,000 46,000 0% Assessing 334,175 311,689 308,572 311,528 311,528 0%to-3% Legal 204,582 200,000 270,000 220,000 220,000 0% Municipal Information Systems 212,426 244,640 239,983 222,418 222,418 0%to-3% Town Clerk 245,860 264,099 277,837 261,344 277,034 0%to-3% Community Development 210,188 231,996 239,817 231,087 231,087 -3%to-7% Planning Board 49,508 98,687 89,855 91,643 91,643 0%to-3% Conservation Commission 78,867 84,456 93,915 86,644 86,644 0%to-3% Board of Appeals 19234 32.043 33 129 33.901 33901 0%to-3% Subtotal 224Q Q3 3 2 47�7fi Public Safety Police Department 3,398,281 3,629,191 3,861,683 3,747,427 3,747,427 0%to-3% Fire Department 3,604,460 3,869,432 4,343,953 4,072,697 4,072,697 0%to-3% Inspectional Services 222,120 225,470 223,154 229,141 229,141 0%to-3% Emergency Management 15 613 16.135 15 885 16.027 16 027 0% Subtotal 7 74 7 74n 77ft $444 fi n6F 7.Q76 2 Education School Department 30,164,333 30,358,718 34,498,521 30,403,729 30,403,729 +3%to 0% Regional Schools 86,390 101,837 103,605 103,605 103,605 0% School Building Committee 26901 26.941 26941 26.941 26941 0%to-50% Subtotal nn73 nna and n n Public Works Administration 280,635 296,241 356,198 300,752 300,752 0%to-3% Street&Sidewalks 523,320 661,050 706,153 681,087 681,087 0%to-12% Solid Waste/Recycling 2,012,305 1,773,207 1,578,755 1,336,148 1,336,148 0%to-45% Structures&Grounds 439,947 455,286 462,252 465,409 465,409 0%to-3% Fleet Maintenance 222,505 237,050 238,013 240,673 240,673 +8/to-2% Snow&Ice Removal 581.465 559.442 559.442 560.000 560.000 +22% Subtotal 4 n6n 177 gft7 776 Q3 4 D�1 5 34 4 Health&Human Services Health Division 165,818 190,302 179,239 182,997 182,997 0%to 4 Youth Services 176,686 207,581 250,902 203,965 203,965 0%to-3% Veterans Service 114,655 120,700 112,570 113,817 113,817 0% Elder Services 184.607 188.940 204.101 195.654 207.356 0%too Subtotal fi4 ZQ752 2481 69& 3 Z9B 13 Culture&Recreation Recreation 11,355 12,155 11,939 12,288 12,288 0%too Festivals Committee 0 0 9,000 9,000 9,000 0%to-100% Historical Commission 0 0 1,500 1,500 1,500 0%to-66% Stevens Library 636.628 662.194 793.522 734.414 734.414 0% Subtotal 647 4& fiZ4 34 $ Z�24 Z�24 Debt Service 8,524,970 8,757,410 9,194,561 9,194,561 91194,561 0% Employee Benefits 7,979,738 8,525,847 9,550,598 9,150,598 9,150,598 0% Liability Insurance 271,285 308,041 354,247 354,247 354,247 0% Capital and Reserves 40,000 100,000 100,000 100,000 100,000 0% Total Town Meeting Appropriation 61,884,046 63,607,867 70,184,997 64,784,053 64,827,158 State Assessments 1,050,826 1,311,633 1,650,007 1,650,007 1,650,007 0%to-5% Overlay 400,000 400,000 400,000 400,000 400,000 0% Total 63,334,872 65,319,500 72,235,004 66,834,060 66,877,165 66,997,828 The table is in tab FinalFinComAppn4Book in FY06Budget4Book.xls file. above has changed in lower 10%! ! Page 14 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Article 9. Stabilization Fund(s). Article 10. Capital Improvement Plan Appropria- tion Fiscal Year 2006. To see if the Town will vote to establish any new Stabilization Fund(s), or vote appropriations into or out of any existing Sta- To see if the Town will vote to raise and appropriate, transfer bilization Fund(s);or to take any other action relative thereto. from available funds, or borrow under the provisions of Mas- sachusetts General Laws, Chapter 44, the sums of money Petition of Paul P.Stewart and others necessary to fund the Town Capital Improvement Program; or Recommendations: to take any other action relative thereto. Board of Selectmen:............To Be Made At Town Meeting Petition of the Board of Selectmen Finance Committee: ............To Be Made At Town Meeting Recommendations: FINANCE COMMITTEE EXPLANATION: Board of Selectmen: ............To Be Made At Town Meeting Recent State legislation gives towns the flexibility to create Finance Committee:.............To Be Made At Town Meeting multiple stabilization funds for different purposes. The legisla- FINANCE COMMITTEE EXPLANATION: tion amends MGL Ch. 40 §513,which previously provided for a single stabilization fund into which towns could appropriate A capital improvement is a major, non-routine expenditure for monies to be reserved for future appropriation for any lawful new construction, major equipment purchase, or improvement purpose. Under the amendment, a community may now es- to existing buildings, facilities, land, or infrastructure, with an tablish one or more stabilization funds for different purposes estimated useful life of five years or more, and a cost of by a two-thirds vote of its legislative body (Town meeting). A $25,000 or more. fund may be created for a broad category of spending pur- poses, e.g., any lawful purpose, capital budget purposes or Department supervisors submit a list of capital improvement purposes for which the community may borrow money. It may requirements to the Town Manager in order of priority. The also be created for a specific purpose or project, e.g., acquire Town Manager applies a criteria formula to all items. The for- a new fire truck or undertake a particular construction project. mula combines and prioritizes requests from all departments. The vote to create a fund must clearly define the purpose(s) The Town Manager then recommends which items should be of the fund. It may amend the purposes of those funds at a implemented in the current year. The Selectmen then possi- later time in the same manner. Appropriations both into and bly revise and approve the plan. from the funds require a two-thirds vote of the legislative body (previously, appropriations to the stabilization fund only re- The Selectmen recommended a Capital Improvement Plan quired a majority vote). prior to the defeat of the Police Station debt exclusion. A re- vised plan has not yet been proposed, but will be presented at Any pre-existing stabilization fund balance should continue to Town Meeting. be treated as a reserve for any lawful purpose, i.e. a "general" stabilization fund. The city, town or district can reallocate or (continued) earmark all or part of that balance to any new stabilization funds it creates by a vote to transfer monies from that"gener- al"stabilization fund to the newly created fund. See www.dIs.state.ma.us/PUBL/IGR%5C2004%5Cigr04 201.pdf for more information. North Andover has one pre-existing "general"stabilization fund which contains approximately$321,149 plus some addi- tional accrued interest. This rather general Article keeps all options open for Town Meeting, at which time more may be known about NESWC. paragraphs were removed from the explanation of Article 9. The URL is set smaller in that explanation so it won't break across lines. page 15 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) (continued from prior page) Article 11. Water Enterprise Fund Appropriation - Fiscal Year 2006. FY 2006 CIP To see if the Town will vote to appropriate from Water Enter- Recommendations Town Manager prise Fund Revenues, transfer from available funds or Fund Board of otherwise provide a sum or sums of money for the purpose of Project Description Code Selectmen funding the Water Enterprise Fund for the Fiscal Year begin- 1 Police Station See Note' ning July 1, 2005 and ending June 30, 2006; or to take any 2 School System Technology Improvements B/N-G $250,000 other action relative thereto. 3 Mosquito Brook Drainage Improvements B/N-G $52,000 General Fund Total $302,000 Petition of the Board of Selectmen 4 Phase 4D Sewer Extension B/N-S $720,000 Sewer Enterprise Fund Total $720,000 5 Water Supply Security System B/N-W $215,000 Recommendations: 6 Lake Outlet Structure B/N-W $600,000 Board of Selectmen: ............To Be Made At Town Meeting 7 Bear Hill Reservoir Upgrade B/N-W $525,000 Finance Committee:...................................Favorable Action 8 Pick Up Truck R&A-W $29,000 Water Enterprise Fund Total $1,369,000 FY06 Recommendation' WATER ENTERPRISE FYO6 Town Manager Funding Recommendation Code FY05 Department- Board of Selectmen' Raise and Appropriate-General Fund R&A-G $0 Stida Request Finance Committee Raise and Appropriate-Water Fund R&A-W $29,000 Personnel 668,015 683,702 683,702 -Sewer Fund R&A-S $0 Expenses 955,451 896,790 980,290 Raise and Appropriate Land Acquisition(Art.19, May 2004) 70,000 0 0 Bonds/Notes-General Fund B/N-G $302,000 Capital 161,975 254,500 126,000 Bonds/Notes-Water Fund B/N-W $1,340,000 Reserve Fund-Salary 12,800 0 19,490 Bonds/Notes-Sewer Fund B/N-S $720,000 Debt Service 2,510,286 2 476 510 2,476,510 Total All Capital Projects $2,391,000 Sub-Total Direct Expenditures 4,378,527 4,311,502 4,285,992. Transfer to General Fund 123,201 0 0 Admin/Indirect 478,076 499,467 499,467 'Note:As originally proposed,$650,000 of the new police station project was ITotal Water Enterprise 4,979,804 4,810,969 4,785,459 to be funded through the non-debt excluded portion of the CIP.Since the debt excluded portion of the project was not approved,the use of these funds will There is a possibility that the recommendations on this page be reviewed for a possible revised recommendation at the Town Meeting. may change before town meeting as additional information becomes available. If necessary, an update will be handed out at town meeting. FINANCE COMMITTEE EXPLANATION: 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 estab- lished 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 asso- ciated 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 Fund Appropriation. Water Enterprise capital improvement funding is included in the Town's Capital Improvement Plan. 1-column table that goes with Article 10 was not on the Monday CD but it was submitted on a diskette on Monday, so you should have it. It hasn't changed but I've included it with this Wednesday submission anyway. For the three Enterprise Articles 11 - 13,I've put a little picture of the corresponding table in each one. The spreadsheets in'Enterprise Funds.xls' are a better source(the picture is accurate,but you can adjust size,columns,and shading with the spreadsheet). Page 16 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 12. Sewer Enterprise Fund Appropriation - Article 13. Stevens Estate at Osgood Hill Enter- Fiscal Year 2006. prise Fund Appropriation - Fiscal Year 2006. To see if the Town will vote to appropriate from Sewer Enter- To see if the Town will vote to appropriate from Stevens Es- prise Fund Revenues, transfer from available funds or tate at Osgood Hill Enterprise Fund Revenues, transfer from otherwise provide a sum or sums of money for the purpose of available funds or otherwise provide a sum or sums of money funding the Sewer Enterprise Fund for the Fiscal Year begin- for the purpose of funding the Stevens Estate at Osgood Hill ning July 1, 2005 and ending June 30, 2006; or to take any Enterprise Fund for the Fiscal Year beginning July 1, 2005 other action relative thereto. and ending June 30, 2006; or to take any other action relative thereto. Petition of the Board of Selectmen Petition of the Board of Selectmen Recommendations: Recommendations: Board of Selectmen:............To Be Made At Town Meeting Board of Selectmen: ............To Be Made At Town Meeting Finance Committee: ...................................Favorable Action Finance Committee:...................................Favorable Action SEWER ENTERPRISE FY06Rec6mmendation STEVENS ESTATE at FYOSRecommendation, FYOS Town Manager I I I IFYO6 ; Town Manager FY06 Department Board of Selectmen OSGOOD HILL FYO5 Department Board of selectmen Budget, - Request Finance Committee Buda et - Reauest , Finance Committee Personnel 292,488 323,481 323,481 Personnel 174,656 155,344 155,344 Expenses 192,968 206,050 206,050 Expenses 252,444 196,799 196,799 GLSD Assessment 1,275,000 1,264,982 1,264,982 Capital 0 0 0 Settlement 56,000 56,000 56,000 Reserve Fund 0 0 0 Capital 19,000 10,000 0 Debt Service 0 0 0 Reserve Fund-Salary 8,733 0 8,122 Sub-Total Direct Expenditures 427,106 352,143 352,143' Debt Service 1,870,927 2,189,160 2,189,160 Admin/Indirect 85,959 63,728 63728 Sub-Total Direct Expenditures 3,715,116 4,049,673 4,047,795 ITotal Stevens Estate Enterprise 513,059 415,871 415,871 Admin/Indirect 209,488 235,261 235,261 Total Sewer Enterprise 3,924,604 4,284,934 4,283,056 FINANCE COMMITTEE EXPLANATION: There is a possibility that the recommendations on this page The primary purpose of the `Stevens Estate at Osgood Hill may change before town meeting as additional information Enterprise' is the preservation of the Town's Osgood Hill becomes available. If necessary, an update will be handed property by renting out the historic Stevens Estate as a confe- out at town meeting. rence center and reception hall. User charges collected from the use of the Estate pay all operational charges and all re- FINANCE COMMITTEE EXPLANATION: lated Town overhead charges, and also pay for required The purpose of this article is to fund the Sewer Enterprise maintenance and a modest amount of improvements each year. Fund. This fund is supported by sewer usage charges. The sewer rate is set by the Board of Selectmen and is estab- All money expended will come from current user charges or from previously accumulated revenues. Iished based on the total expenses of the department, including debt service, direct and indirect expenses, and the The property has two important and distinct purposes; (1) consumption of water by the users connected to the municipal preservation of open space and protection of our reservoir, on sewer system. Indirect costs are associated with Division of whose shores the property sits, and (2) preservation of an Public Works supervision, General Government costs, and outstanding, historic, and useful structure. fringe benefits that are related to the operation of the enter- prise and are expensed through the General Fund Currently, the annual debt service for the property, principal Appropriation. and interest both, are paid from our General Fund. This is consistent with the original method and purpose of purchasing Sewer Enterprise capital improvement funding is included in the property (using a debt exclusion to purchase property for the Town's Capital Improvement Plan. preservation). Page 17 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 14. Establishment of Revolving Funds. To see if the Town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E 1/for the Fiscal Year beginning July 1, 2005; or to take any other action relative thereto. Revolving Fund Accounts Account FY 2005 Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit 1. 022-5423-3437 Youth Services Revol Assistant Town Manager All programs and Participants'fees,Grants, $ 250,000 activities,expense,part Donations,and related time help Fundraising proceeds 2. 022-4925-3077 Field Maintenance Director-Division of Public Field maintenance, Field rental fees, Grants, $ 20,000 Works upgrade and related Donations,and related expenses Fundraising proceeds 3. 022-5590-3564 Elder Services Assistant Town Manager Senior programs, Participants'fees,Grants, $ 50,000 -COA Revol classes and activities Donations,and related Fundraising proceeds 4. 022-5102-3424 Health Dept Revolving Director-Community clinic supplies and other Clinic participant fees, $ 20,000 Development and Services related materials Grants, Donations,and Division related Fundraising proceeds 5. 022-4306-3008 Wheelabrator Planning Director-Community Air quality monitoring Wheelabrator Host $ 25,000 Development and Services Community Agreement Division 6. 022-4307-3083 Wheelabrator Public Director-Community To enforce Trash Truck Wheelabrator Host $ 20,000 Safety Development and Services regulations Community Agreement Division 7. 022-4308-3649 Wheelabrator-Health Director-Community Protection of health, Wheelabrator Host $ 40,000 Development and Services safety and monitoring the Community Agreement Division air ualit 8. 022-4309-3084 Health Dept-Food Director-Community Food Consultant fees Inspection Fees $ 10,000 Inspections Development and Services and expenses related to Division ro ram 9. 022-4310-3085 Health Dept-Septic Director-Community Septic Consultant fees Inspection Fees $ 40,000 Inspections Development and Services and expenses related to Division program Total: $ 475,000 Revolving Fund Acdount'Receipts and Expenditures Account Balance FY04 FY04 Balance Receipts Expenditures Balance Number Revolving Fund 7/1/03 Receipts Expenditures 6/30/04 to 1/31/05 to 1/31/05 1/31/05 1. 022-5423-3437 Youth Services Revol $208,243 $234,842 $ 207,584 $235,501 $ 77,616 $ 142,470 $ 170,647 2. 022-4925-3077 Field Maintenance $ - $ - $ - $ - $ 700 $ - $ 700 3. 022-5590-3564 Elder Services $ 3,792 $ 17,516 $ (3,518) $ 17,790 $ 8,319 $ (5,708) $ 20,402 -COA Revol 4. 022-5102-3424 Health Dept Revolving $ 11,332 $ 11,910 $ E(7O819) $ 12,674 $ 9,051 $ 6,405 $ 15,321 5. 022-4306-3008 Wheelabrator Planning $ 77,947 $ 25,000 $ $ 95,334 $ - $ 15,576 $ 79,758 6. 022-4307-3083 Wheelabrator Public $ 47,661 $ 40,550 $ $ 45,342 $ 25,956 $ (4,370) $ 66,927 Safety 7. 022-4308-3649 Wheelabrator-Health $ 93,365 $ 15,000 $ , $ 37,545 $ 15,000 $ - $ 52,545 8. 022-4309-3084 Health Dept-Food $ 23,804 $ 17,000 $ (16,064) $ 24,740 $ 14,720 $ (6,120) $ 33,340 Inspections 9. 022-4310-3085 Health Dept-Septic $ 22,739 $ 35,585 $ (39,314) $ 19,010 $ 23,258 $ (16,482) $ 25,785 Inspections Petition of the Board of Selectmen Recommendations: Board of Selectmen:...................................Favorable Action Finance Committee: ...................................Favorable Action FINANCE COMMITTEE EXPLANATION: see next page The two tables above are in`Revolving Accounts Article2005O4O2.xls. Make them as big as possible and still all fit like this on this page. Be careful to include the total on the bottom of the top one and the numbers of the left of each. Page 18 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) FINANCE COMMITTEE EXPLANATION: This article seeks to reauthorize several existing revolving funds and authorize two new funds. Under Massachusetts General Laws (excerpted below), certain revolving funds are required to be annually reauthorized by vote of Town Meeting. The authoriza- tion must include the purpose and programs for which funds may be spent, which revenues will be credited to the fund, who is authorized to expend fund money, and a limit on the total expenditures allowed in the year. Revolving Funds provide an effective means of accounting for expenses that are supported by fees and donations; in other words, expenses that are "self-funded". In some cases, these Funds allow for the continuation of services that might otherwise become a casualty of budget cutting by directing revenues into these specific Funds instead of into the General Fund. It encourages De- partment Heads and interested citizens to find alternate means of supporting an initiative. Although the `Inspections' Funds have been in use previously under a different authorizing statute, this is their first year on this list. Including them on this list will allow more flexibility for the Inspections program. The Finance Committee supports the use of Revolving Funds for their intended purposes, as these are. MGL Chapter 44: Section 53E 1/2 Revolving funds ... a city or town may annually authorize the use of one or more revolving funds by one or more municipal agency, board, depart- ment or office which shall be accounted for separately from all other monies in such city or town and to which shall be credited only the departmental receipts received in connection with the programs supported by such revolving fund. Expenditures may be made from such revolving fund without further appropriation, subject to the provisions of this section; provided, however, that expendi- tures shall not be made or liabilities incurred from any such revolving fund in excess of the balance of the fund nor in excess of the total authorized expenditures from such fund, ... Interest earned on any revolving fund balance shall be treated as general fund revenue of the city or town. ... A revolving fund established under the provisions of this section shall be by vote of the annual town meeting in a town, upon rec- ommendation of the board of selectmen, ... Such authorization shall be made annually prior to each respective fiscal year; provided, however, that each authorization for a revolving fund shall specify: (1)the programs and purposes for which the revolving fund may be expended; (2) the departmental receipts which shall be credited to the revolving fund; (3) the board, department or officer authorized to expend from such fund; (4) a limit on the total amount which may be expended from such fund in the ensuing fiscal year; ... In any fiscal year the limit on the amount that may be spent from a revolving fund may be increased ... with the approval of the se- lectmen and finance committee, if any, in a town; ... The board, department or officer having charge of such revolving fund shall report to the annual town meeting ... the total amount of receipts and expenditures for each revolving fund under its control for the prior fiscal year and for the current fiscal year through December thirty-first, or such later date as the town meeting or city council may, by vote determine, and the amount of any in- creases in spending authority granted during the prior and current fiscal years, together with such other information as the town meeting or city council may by vote require. At the close of a fiscal year in which a revolving fund is not reauthorized for the following year, or in which a city or town changes the purposes for which money in a revolving fund may be spent in the following year, the balance in the fund at the end of the fiscal year shall revert to surplus revenue unless the annual town meeting ... vote to transfer such balance to another revolving fund es- tablished under this section. http://www.state.ma.us/legis/laws/mql/44-53e.5.htm Some of my stuff is in color,like the above URL/link. Please set those in regular black text, don't make them light or other- wise distinguish them. Page 19 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Article 15. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and 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; or to take any other action relative thereto. DESCRIPTION AMOUNT CATEGORY 1. Affordable Housing Master Plan—"Planned Production Plan" $40,000 Affordable Housing 2. First Time Homebuyer's Program $225,000 Affordable Housing 3. Stevens Estate—Rehabilitation of Gate House $96,500 Historic Resources 4. Stevens Estate—Rehabilitation of Plant House $70,000 Historic Resources 5. Machine Shop Village—Phase 1 $250,000 Historic Resources 6. Administration $5,000 Administrative Expenses Subtotal—New Appropriations $686,500 7. Open Space—Principal and Interest(FY2006) $1,582,400 Open Space Total FY2006 Appropriations $2,268,900 8. Open Space—Principal and Interest(FY2005) $1,766,637 Open Space GRAND TOTAL: $4,035,537 Petition of the Community Preservation Committee Recommendations: Board of Selectmen:............To Be Made At Town Meeting Finance Committee: ............To Be Made At Town Meeting FINANCE COMMITTEE EXPLANATION: The Community Preservation Act(CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA was adopted at a Special Town Meeting in January 2001, and by the voters at the following Town Election in March of the same year. As adopted, it levies a 3% surcharge on property taxes with two exemptions: $100,000 off of the value of each residential property, and property owned and occupied by people who qualify for low-income housing or low-or moderate-income senior housing. State matching funds are disbursed each October for the preceding fiscal year. The CPA must remain in effect for at least five years (FY '02 through FY `06), but the surcharge may be reduced sooner. However, surtaxes must continue until all debt has been retired. The process for revoking or reducing the surcharge is the same as that used for adoption (Town Meeting followed by Ballot Election). The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories of a) open space, b) historic preservation, c) affordable housing, and d) land for recreational use, with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting must either approve or reduce the recommended expenditures, but cannot add to them. As of February 28, 2005, the CPA fund has a balance of$3,767,109 and outstanding loans of$4,571,083 to pay for open space. Through an oversight, the amounts appropriated last year to pay down open space debt were not applied so those amounts are being reappropriated this year for the same purpose. Open Space: The bulk of CPA funds have been appropriated for open space. Paying down debt on these parcels easily meets the annual 10% Open Space spending requirement. Historic Preservation: The next biggest share of CPA funds has been appropriated for a variety of historic preservation projects throughout Town. Affordable Housing: No funds have been spent in this category yet, but we have accumulated a reserve from the annual 10% obli- gations. This is the start of the new materials(I did provide some of these materials with my previous release on Monday but I didn't release them to you. You can count everything starting on this page as new,up until almost the end(whatever last few pages I released to you on Monday). Page 20 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 16. Preservation Restriction-North Parish Article 17. Amend Chapter 178 of the General By- Church Academy Road. laws - Section 3 - Wetlands Protection - To see if the Town will vote to authorize the Old Center His- Exemptions. toric District Commission, with the approval of the Board of To see if the Town will vote to amend Chapter 178 Section 3 Selectmen, to accept a Preservation Restriction from the Wetlands Protection - Exemptions by adding a new exemp- North Parish Unitarian Universalist Church of North Andover, tion - Exemption 5 — "Projects where the applicant is the located at 190 Academy Road, on terms and conditions Town of North Andover"; or to take any other action relative deemed to be in the best interest of the Town; or to take any thereto. other action related thereto. Chapter 178 Section 3 as amended to read as follows: Petition of the Community Preservation Committee 178.3. Exemptions: Recommendations: This Bylaw shall not apply to the following activities: Board of Selectmen:............To Be Made At Town Meeting 1. Emergency projects as defined in the Commission's regulations (Section II); or FINANCE COMMITTEE EXPLANATION: 2. Maintenance, repair or replacement, without substantial The May 2004 Town Meeting voted a historical preservation change or enlargement, of existing and lawfully located grant from CPA monies in return for a historical preservation structures or facilities used in the service of the public restriction. This Article authorizes the finalization of that re- and used-to provide electric, gas, water, telephone, or striction. other telecommunication services to the public; or 3. Normal maintenance of land in agricultural use, as de- fined in the Commission's regulations (Section II); or 4. Maintenance and repair of existing public ways; or 5. Projects where the applicant is the Town of North Andover. Petition of the Town Manager Recommendations: Board of Selectmen: ............To Be Made At Town Meeting FINANCE COMMITTEE EXPLANATION: This amendment would exempt Town projects from certain provisions of the Wetlands Protection bylaw. In general, Town projects provide a balancing of common public interests (e.g., environmental issues vs. need for a new school). Thus, Town building projects, by definition, provide an equalization of pub- lic needs. Opponents of the amendment believe the Town should be treated like any other private developer. Page 21 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 18. Amend General Bylaws of the Town of public way without first obtaining a Certificate of Compliance North Andover—Add Chapter 136 - Newsracks, from the Director in accordance with the provisions of this By- Placement and Maintenance. law. b. The Certificate of Compliance must be renewed annually To see if the Town will amend the General Bylaws for the by application to the Director. Town of North Andover by adding a new chapter — Chapter c. Issuing Authority. The Director shall be the issuing au- 136 - Newsracks, Placement and Maintenance to read as thority and coordinator of the application process and follows; or to take any other action relative thereto. administration of this Bylaw. d. Approving Authority. The approving authority shall be the TOWN OF NORTH ANDOVER Director. The Director or his/her designee shall review and Chapter 136 approve for compliance with Section 136-2, entitled Certificate of Compliance, Section 136-4, entitled Standards, and Sec- NEWSRACKS, PLACEMENT AND MAINTENANCE tion 136-7, entitled Installation, Maintenance and Delivery Time. § 136-1 Definitions. e. Application Process. Applicants must complete a written § 136-2 Certificate of Compliance application on a form provided by the Director. § 136-3 Fees. f. Application. The application shall describe in sufficient § 136-4 Standards detail, the number, location and type of newsracks for which § 136-5 Attachment to Property. the Certificate of Compliance is sought and shall contain the § 136-6 Advertising Prohibited. following information: § 136-7 Installation, Maintenance,and Delivery Time. 1. the name, address and telephone number of the appli- § 136-8 Enforcement Procedures. cant who is the owner/operator or other person who is the § 136-9 Fees For Removal and Storage. principal responsible person in charge of the newsrack(s); § 136-10 Regulations. and § 136-11 Effect on Other Laws. 2. the name, address and telephone number of a natural § 136-12 Severability person (if different from the applicant) whom the Town may § 136-13 Effective Date. notify and/or contact at any time concerning the applicant's newsracks. This person would be responsible for receiving § 136-1 Definitions. complaints and notices of violations when a Certificate of When used in this Bylaw, unless the context otherwise re- Compliance is issued and for providing information relating to quires, the following terms shall have the following meanings: the application during the application process; and a. "Director" shall mean the Director of the Public Works 3. the number of newsracks and a written description Department of the Town of North Andover or such person as specifying the proposed approximate location of each; and said Director may from time to time designate. 4. a certificate of insurance naming the Town of North b. "Newsrack" shall mean any type of self-service device for Andover as an additional insured in an amount sufficient to the vending or free distribution of newspapers, periodicals or indemnify the Town and hold it harmless from any and all printed material of whatever nature. claims or judgements for personal and bodily injury, including c. "Certificate of Compliance" shall mean the Certificate of death, or property damage and from costs and expenses to Compliance issued by the Director to the Certificate Holder in which the Town may be subjected or which it may suffer or accordance with the provisions of this Bylaw. incur by reason of the design, placement, installation, opera- d. "Certificate Holder" shall mean the holder of a Certificate tion or maintenance of any of the applicant's newsracks. of Compliance issued by the Director in accordance with the Reasonable evidence of self-insurance coverage may be provisions of this Bylaw. A Certificate Holder is responsible substituted by the applicant for the certificate of insurance. for the installation and maintenance of newsracks encom- The amount of insurance coverage required shall be deter- passed by any Certificate of Compliance issued pursuant to mined by the Town. Insurance under this section shall run the provisions of this Bylaw and for compliance with all provi- continuously with the presence of the applicant's newsrack in sions contained herein. Town of North Andover public ways and any termination or e. "Operator" shall mean any natural person or other legal lapse of such insurance shall be a violation of this Bylaw, sub- entity including, but not limited to, corporations, partnerships, ject to appropriate remedy under Section 136-8 of this Bylaw; joint ventures and the like who own, operate or are otherwise and in control of a newsrack. 5. a certification from the applicant stating that the pro- f. "Public way" shall mean any public highway, private way posed location for all of the newsracks listed in the application laid out under authority of statute, way dedicated to public are in compliance with the provisions of this Bylaw. use, or way under the control of the Town Department of Pub- g. Issuance of a Certificate of Compliance. Upon a finding lic Works, School Department, or other body having like by the Director that the applicant is in compliance with the power. provisions of this Bylaw, the Director shall issue a Certificate of Compliance for installation by the applicant. The Director § 136-2 Certificate of Compliance. shall issue a partial Certificate of Compliance upon a finding a. Requirement. No person shall place, affix, erect, main- that some of the proposed newsrack locations are in com- tain or continue to maintain a newsrack in or on any part of a pliance with the provisions of this Bylaw. Issuance of a Page 22 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Certificate of Compliance or a partial certificate of compliance inches from the edge of the curb. Newsracks so placed shall shall designate the applicant to be the Certificate Holder. The face the sidewalk, not the street. Newsracks placed near the Director shall issue a Certificate of Compliance within ten wall of a building or other structure must be placed parallel to days of the Director's receipt of the completed application. and not more than six(6") inches away from the wall. Proposed locations shall be approved on a first come, first No newsrack (s) shall be affixed, erected, installed, placed, serve basis by the Director. No preference shall be given to used or maintained: applicants who might have had newsracks in a particular loca- 1. at any location in excess of eight (8) feet in width (plus tion prior to the effective date of this Bylaw. the width of a newsrack) whereby the clear space for the gas- h. Denial of Certificate of Compliance. If an application for a sage of pedestrians is reduced to less than eight (8) feet in newsrack location is denied, the Director shall notify the ap- width; or, if the sidewalk location is less than eight (8) feet in plicant within ten days of the Director's receipt of the width (plus the width of a newsrack), then the clear space for completed application. The Director shall state the specific the passage of pedestrians shall not be reduced to less than reasons for denial. The applicant may reapply for a substitute five (5) feet in width; however, a width of four (4) to five (5) alternative location without having to pay an additional appli- feet may be approved by the Director if requested, only after cation fee. An applicant who has been denied a Certificate of the Director consults with the Pedestrian Committee and the Compliance pursuant to this Bylaw may appeal within thirty Disabilities Commission as to whether the particular location (30) days of such denial by requesting in writing to the Direc- at issue necessitates the four (4) to five (5) foot width, and for an appearance before the Director to review said denial. whether the pedestrian passage in that location could safely The appeal shall be heard by the Director within twenty (20) and reasonably be reduced to a width of four (4) to five (5) days of receipt of the appeal. The decision on the appeal feet; and shall be sent to the applicant within five (5) days after the 2. within five (5) feet of any marked, or unmarked crosswalk hearing. or handicapped ramp; and i. The Director reserves the right to order by written notice to 3. within five (5) feet of any fire hydrant, fire lane, fire call the Certificate Holder that newsracks be removed from an box, police call box or other emergency facility, mail box, tele- approved location, either temporarily or permanently, in the phone booth or stand; and interests of public safety. 4. within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the case of a curb ramp or driveway § 136-3 Fees. without a curb return,within five (5) feet of the point where the a. There shall be a Certificate of Compliance fee in the curb edgestone or edging begins a change in grade toward amount of two hundred ($200.00) dollars paid to the Town. the driveway or ramp on each side thereof, or in the case of a This fee shall be due upon initial application and upon each termination of the curb, edgestone or edging without a change annual renewal. in grade or a turn, within five (5) feet of the point of the same b. Additional Certificate of Compliance. If at any time after terminates on each side of the ramp or driveway; and the Director has issued a Certificate of Compliance a Certifi- 5. within five (5) feet of any traffic control signal or traffic cate Holder proposes to install additional newsracks, then the sign; and provisions of Section 136-2 are to be repeated. Additional 6. within five (5) feet of a bicycle rack; and Certificate of Compliance fees shall be in accordance with 7. within five (5) feet ahead or fifteen (15) feet to the rear of Section (a), except that the Certificate of Compliance fee is any designated bus stop, taxi stand, valet parking area, load- waived if previously paid. ing zone or fire lane, or any disabled parking space, unless c. In addition to the Certificate of Compliance fee, an annual such newsrack is placed parallel against a wall that is within fee of ten ($10.00) dollars per newsrack authorized shall be four (4) feet of a designated bus stop, taxi stand, valet park- paid to the Town to offset the Town's cost of monitoring com- ing area, loading zone or fire lane and the newsrack so pliance with this Bylaw. placed does not project into or otherwise interfere with the d. Where the Director has required newsracks to be set in unobstructed flow of pedestrian and vehicular traffic; corrals, or at hitching posts pursuant to Section 136-4 below, 8. which in any way protrudes onto a street; or additional fees shall be imposed by the Director on Certificate 9. on any sidewalk immediately abutting a public school. Holders to offset the Town's costs for each such corral or The Director may require that newsracks at locations in hitching post used by such Certificate Holder. which more than three (3) are adjacent shall be set within an e. Upon a showing of significant financial hardship, whereby open-ended corral installed by the Town; and the Director the payment of the full Certificate of Compliance fee will im- may require that newsracks at a particular location be chained pair the ability of the publisher to distribute a publication to each other and/or to a permanent hitching post installed by through newsracks to members of the public, the Director the Town. The Director may choose the locations for corrals may reduce the fee due upon initial application or upon an and hitching posts based on the history of misaligned or annual renewal by an amount s/he determines, in her or his knocked over newsracks at the location, the high volume of sole discretion, as appropriate. pedestrian traffic at the location, or the relatively high concen- tration of newsracks at the location. However, nothing in this § 136-4 Standards. paragraph shall be construed to limit the locations at which a. Placement. Subject to the prohibitions contained in this corrals and hitching posts may be required. section newsracks shall be placed parallel to and not less than eighteen (18") inches nor more than twenty-four (24") Page 23 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) § 136-5 Attachment to Property. or his/her designee, and the Certificate Holder. After such a. Attachment to Trees and Other Objects Prohibited. Ex- meeting, the Director shall have authority to impose a rea- cept to the extent permitted by regulations promulgated by the sonable resolution to the complaint, including ordering the Director, no operator shall place or cause to be placed and no relocation of the newsrack/s causing the noise problem. operator shall suffer to remain any newsrack chained or oth- erwise attached to any tree, street light post, traffic signal or § 136-8 Enforcement Procedures. sign. a. Non-Conforming Newsracks. Any newsrack found not to b. Attachment to Other Newsracks. Newsracks, when be in compliance with this Bylaw shall be subject to the en- placed side by side, may be chained or otherwise attached to forcement provisions contained herein. one another, provided that no group of newsracks shall ex- b. Abandonment. In the event that any newsrack installed tend for a distance of more than eight (8) feet along a curb, pursuant to the provisions of this Bylaw does not contain the and a space of not less than five (5) feet shall separate each printed material being dispensed therein for a period of se- group of newsracks. venty-two (72) hours after the release of the current issue, the Director may deem the newsrack abandoned and take appro- § 136-6 Advertising Prohibited. priate action under this Bylaw A newsrack shall otherwise be It shall be unlawful for any operator to use a Newsrack for deemed abandoned if no printed material is found in the new- advertising other than that dealing with the display, sale or srack for a period of more than fifteen (15) consecutive days. purchase of the publications dispensed therein. In the event that a Certificate Holder voluntarily abandons a newsrack location, the Certificate Holder shall so notify the § 136-7 Installation, Maintenance,and Delivery Time. Director, completely remove the newsrack and restore the Newsracks shall be of a sturdy material and installed or public way to a safe condition. otherwise placed and maintained by the Certificate Holder in c. Enforcement. accordance with the following provisions: 1. Enforcement of the provisions of this Bylaw shall be carried out by the Director. Upon a determination that a viola- a. Each newsrack shall prominently display the name, ad- tion of any provision of this Bylaw exists the Director shall dress and phone number of a person or entity responsible for notify the Certificate Holder of the violation in writing by first that newsrack. class mail. The notice shall include: a. the location of the newsrack; and b. Each newsrack shall be: b. the date of the incident or other cause giving rise to I. installed or placed on the pavement in an upright, suffi- the violation; and ciently weighted and secure position; c. a brief and concise statement of the facts causing 2. of a type that is completely enclosed, with a self- the violation. closing door that is either self-latching or otherwise requires 2. The notice shall inform the Certificate Holder that at manual or mechanical release at each use; and the expiration of ten (10) days from the receipt of the violation 3. maintained in a state of good repair and in a neat and notice, the newsrack will be removed by the Director, unless clean condition; and the violation is corrected. 4. maintained in a condition that is free of accumulations 3. Upon removal of a newsrack, the Director shall send, of outdated printed materials,trash, rubbish, or debris; and by first-class mail, written notice of such removal to the Certif- 5. handicapped accessible, as defined by the state Archi- icate Holder. tectural Access Board. 4. Notwithstanding the provisions of the foregoing para- graphs 1(a) - 1(c) of this section, the Director may order the c. Each newsrack shall be regularly serviced so that: immediate removal of any newsrack (s) that the Director de- 1. it is kept reasonably free of graffiti; and termines presents an imminent threat or peril to public safety, 2. it is kept reasonably free of chipped, faded, peeling provided that the Certificate Holder shall be notified of such and cracked paint in the visible painted areas thereof; and removal as soon as practicable thereafter, and further pro- 3. it is kept reasonably free of rust and corrosion in the vided that any newsrack so removed shall be stored a period visible unpainted metal areas thereof; and of thirty (30) days in order to allow the Certificate Holder to 4. the clear glass or plastic parts thereof, if any, through retrieve the newsrack. If the Director removes a newsrack which the printed material is being dispensed are not broken under this section (4) which does not have a Certificate of and are kept reasonably free of tears, peeling or fading; and Compliance, the Director shall dispose of the newsrack at the 5. the structural parts of the newsrack are not broken or end of the thirty(30)day period. unduly misshapen. § 136-9 Fees For Removal and Storage. d. Anyone disturbed by noise from the delivery of papers to a. A newsrack removed pursuant to this Bylaw may be re- any newsrack may complain to the Director. The Director trieved by the Certificate Holder at any time within thirty (30) shall forthwith notify the Certificate Holder of the complaint. days of its removal upon payment of a removal fee of twenty- The Certificate Holder shall contact the complainant and at- five ($25.00) dollars plus a storage fee of five ($5.00) dollars tempt to resolve the complaint. If the complaint is not per day, to a maximum combined removal and storage fee of resolved to the complainant's satisfaction within ten (10) days, one hundred ($100.00) dollars. the complainant may request a meeting before the Director, Page 24 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) b. After thirty (30) days, any newsracks removed by the Di- Article 19. Amend General Bylaws (Code) Add rector pursuant to Section 136-8 of this Bylaw shall be New Chapter 54 - Tax Collector. deemed "abandoned property" and become the property of the Town of North Andover. To see if the Town will vote to amend the General Bylaws of c. Failure of a Certificate Holder to retrieve a newsrack with- the Town of North Andover by adding a new chapter, Chapter in the specified thirty (30) day period shall not operate to 54-Tax Collector,to read as follows: dismiss any fees owed to the Town for removal and storage of such newsrack. Unpaid fees accrued pursuant to this Sec- Chapter 54—Tax Collector tion 136-9 shall be considered a debt payable to the Town. §54-1 -Duties of Tax Collector § 136-10 Regulations. The tax collector, in addition to the authority to collect taxes The Director may, with the approval of the Town Manager, conferred by Massachusetts General Laws, Chapter 41, Sec- promulgate such rules and regulations consistent with the tion 38, and all other laws relating to tax collection, shall provisions of this Bylaw and the laws of the Commonwealth of collect all accounts due the town in accordance with the pro- Massachusetts as shall carry out the purposes of this Bylaw. visions of Massachusetts General Laws, Chapter 41, Section 38A. The collector shall in the collection of such accounts § 136-11 Effect on Other Laws. have all the remedies provided by sections thirty-five, thirty- Nothing in this Chapter shall affect the adoption of regula- six and ninety three of Massachusetts General Laws, Chapter tions affecting newsracks by other government bodies, such 60 for the collection of taxes on personal estate. This bylaw as historic district commissions, to the extent such bodies are shall not apply to the collection of interest on investments of authorized to adopt such regulations. sinking or trust funds. All bills for accounts due the town shall state that all checks, drafts or money orders shall be made § 136-12 Severability. payable to or to the order of the town and not to or to the or- The provisions of this Bylaw shall be severable and if any der of any officer, board or commission. Whenever the section, part, or portion hereof shall be held invalid for any collector of taxes, in any communication, document or writing reason by any court,the decision of such court shall not affect intended for use outside his department, identifies a husband or impair any remaining section, part or portion thereof. and wife, he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name. Petition of the Department of Public Works Or to take any other action relative thereto. Recommendations: Board of Selectmen Board of Selectmen:...................................Favorable Action Finance Committee: ...................................Favorable Action Recommendations: Board of Selectmen: ..................................Favorable Action FINANCE COMMITTEE EXPLANATION: Finance Committee Favorable Action This article is to amend the General Bylaws by adding Chap- FINANCE COMMITTEE EXPLANATION: ter 136, standardizing the placement and maintenance of newsracks, because of public safety concerns. This chapter Currently, the Tax Collector is authorized to collect tax re- allows the Town to regulate and control the placement of ceipts only. However, the Town's Tax Collector must also newsracks by issuing permits and charging fees for such collect water, sewer, and other miscellaneous revenues. This placement and removal. Existing newsracks will also need amendment to the Town's Bylaws adopts State Legislation permits and pay fees. authorizing the Tax Collector to continue collecting non-real estate tax receipts. MGL Chapter 41, Section 38. A town may authorize its collec- tor of taxes to use all means of collecting taxes which a town treasurer may use when appointed a collector of taxes. wvvw.mass.gov/legis/laws/mgl/41-38.htm MGL Chapter 41, Section 38A. A city or town may by ordin- ance, by-law or vote, notwithstanding any other provision of law,general or special, provide that the collector of taxes shall collect, under the title of city or town collector, all ac- counts due the city or town, and may in like manner define his powers and duties in relation to the collection of such ac- counts, but no such ordinance, by-law or vote, heretofore or hereafter passed, shall limit such collector in the exercise of the remedies hereinafter conferred. ... www.mass.gov/legis/laws/mgl/41-38a.htm Page 25 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Article 20. Amend General Bylaws-Chapter 101-1 FINANCE COMMITTEE EXPLANATION (Article 20): Fees Enumerated - Section B - Sealing of Weights and Measures. Currently, fees assessed by the Sealer of Weights and Meas- ures are set by Town Meeting. This amendment would allow To see if the Town will vote to amend Chapter 101-1 Fees the Board of Selectmen to set and adjust the fees. Enumerated of the General Bylaws of the Town of North An- dover by adding at the end of Section B - Sealing of Weights Article 21. Amend General Bylaws — New Chapter and Measures Service the following: 44 — Public Meetings - Televising of Land Use "A review and adjustment of these fees may be made by Board Meetings. the Board of Selectmen whenever deemed necessary." To see if the Town will vote to amend the General Bylaws of the Town of North Andover by inserting a new Chapter — or to take any other action relative thereto. Chapter 44—Public Meetings to read as follows: Chapter 101-1 Fees Enumerated - Section B as amended Chapter 44—Public Meetings to read: § 44-1 Televising of Land Use Board Meetings B. Sealing of weights and measures service (Massachusetts All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, and Conservation Commission General Laws Chapter 98, Section 56). shall be broadcast live over the local cable television network 1. Scales: unless emergency conditions suspends the requirements he- a. Capacity of over ten thousand (10,000) pounds: fifty reof. All meetings shall occur in the Town Hall second floor dollars achy each. meeting room. All meetings shall have posted agendas of h Capacity ($ five (5) to ten thousand (10,000) pounds: discussion items and application names in the Town Hall and thirty dollars of o each. on the Town website or on the cable television network twen- t Capacity s one (1) to five thousand (5,000) pounds: ty-four hours prior to the meeting day. The meetings shall be twenty dollars($20) each. recorded, retained in good order, and made available for a d. Capacity of one hundred (100) to one thousand (1,000) period of six weeks for the benefit of those who do not have pounds: ten dollars ($10) each. cable television. Nothing contained in this article shall be so e. Balances ten (10) to one hundred (100) pounds: six construed as to conflict with the requirements of M.G.L. Chap- f. Balances under ten (dollars($6) each. 10) pounds: five dollars ($5) each. ter 39, Section 23 et seq.; or to take any other action relative thereto. 2. Liquid capacity measure of capacity of more than one (1) Petition of Felipe Schwarz and others gallon and measure on pumps:two dollars($2) each. 3. Liquid measuring meter: Recommendations: a. Diameter one half (1/2) inch to one (1) inch: five dollars Board of Selectmen: ..................................Favorable Action ($5) each. Finance Committee:.............To Be Made At Town Meeting b. Diameter over one (1) inch vehicle tank pump: sixteen dollars($16) each. 4. Vehicle tank gravity: twenty dollars($20) each. Article 22. Amend Chapter 88 — Dogs - General 5. Bulk storage: Forty dollars ($40) each. Bylaws-Add New Section-Section 7-Nuisances. 6. Bulk storage with certification proven: Twenty dollars ($20) each. To see if the Town will vote to amend Chapter 88 of the Gen- 7. Taxi meter: eight dollars($8) each. eral Bylaws — Dogs by adding a new Section — Section 7 — 8. Device to determine linear area:five dollars($5) each. Nuisances to read as follows: 9. Milk bottle orjars: eight dollars($8) each. Chapter 88 Section - 7 Nuisances: No owner shall fail to 10.Vehicle tanks used in sale of commodities by liquid meas- exercise proper care and control of his or her dog to prevent ure per one hundred (100) gallons: five dollars ($5) said dog from becoming a public nuisance. Barking frequently each. or for continued duration or making sounds which create a 11.Separate tanks- same vehicle (each): five dollars($5). noise disturbance across a residential real property boundary, 12.All weights and other measures: one dollar($1) each. molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school A review and adjustment of these fees may be made by grounds or trespassing upon private property in such manner the Board of Selectmen whenever deemed necessary. as to damage property shall be deemed a nuisance. The pe- nalty for violations shall be $25 for the first offense and $50 Petition of the Board of Selectmen for each additional offense; or to take any other action relative thereto. Recommendations: Petition of Steven Tryder and others Board of Selectmen:...................................Favorable Action Finance Committee: ...................................Favorable Action Recommendations: Board of Selectmen: ............To Be Made At Town Meeting Be careful that the `recommendations' and line following in the right column both stay on this page(it's very tight and they keep trying to escape). Page 26 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 23. Accept the Provisions of Massachu- which the board engages for the accomplishment of the pur- setts General Laws Chapter 44 Section 55C- poses of the trust; Affordable Housing Trust. (5) to employ advisors and agents, such as accountants, To see if the Town will accept the provisions of Massa- appraisers and lawyers as the board deems necessary; chusetts General Laws Chapter 44 Section 55C, (6) to pay reasonable compensation and expenses to all ad- Affordable Housing Trust; or to take any other action visors and agents and to apportion such compensation relative thereto. between income and principal as the board deems advisable; Chapter 44: Section 55C Municipal Affordable Housing (7) to apportion receipts and charges between incomes and Trust Fund principal as the board deems advisable, to amortize pre- miums and establish sinking funds for such purpose, and to Section 55C. (a) Notwithstanding section 53 or any other create reserves for depreciation depletion or otherwise; general or special law to the contrary, a city or town that ac- cepts this section may establish a trust to be known as the (8) to participate in any reorganization, recapitalization, mer- Municipal Affordable Housing Trust Fund, in this section ger or similar transactions; and to give proxies or powers of called the trust. The purpose of the trust is to provide for the attorney with or without power of substitution to vote any se- creation and preservation of affordable housing in municipali- curities or certificates of interest; and to consent to any ties for the benefit of low and moderate income households. contract, lease, mortgage, purchase or sale of property, by or For the purposes of this section, acceptance shall be in a between any corporation and any other corporation or person; town by vote of an annual town meeting, and in any other municipality in accordance with section 4 of chapter 4. (9) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers (b) There shall be a board of trustees, in this section called and authority with relation thereto as the board may deem the board, which shall include no less than 5 trustees, includ- proper and to pay, out of trust property, such portion of ex- ing the chief executive officer, as defined by section 7 of penses and compensation of such committee as the board chapter 4, of the city or town. Trustees shall be appointed in a may deem necessary and appropriate; city by the mayor or by the city manager in a Plan D or Plan E municipality, subject in either case, to confirmation by the city (10) to carry property for accounting purposes other than council, and in a town by the board of selectmen, shall serve acquisition date values; for a term not to exceed 2 years, and are designated as public agents for purposes of the constitution of the commonwealth. (11) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mort- (c) The powers of the board, all of which shall be carried on gage and pledge trust assets as collateral; in furtherance of the purposes set forth in this act, may in- clude, but not be limited to, the following:-- (12)to make distributions or divisions of principal in kind; (1) to accept and receive property, whether real or personal, (13) to comprise, attribute, defend, enforce, release, settle or by gift, grant, devise, or transfer from any person, firm, corpo- otherwise adjust claims in favor or against the trust, including ration or other public or private entity, including without claims for taxes, and to accept any property, either in total or limitation grants of funds or other property tendered to the partial satisfaction of any indebtedness or other obligation, trust in connection with provisions of any zoning ordinance or and subject to the provisions of this act, to continue to hold by-law or any other ordinance or by-law; the same for such period of time as the board may deem ap- propriate; (2) to purchase and retain real or personal property, includ- ing without restriction investments that yield a high rate of (14) to manage or improve real property; and to abandon income or no income; any property which the board determined not to be worth re- taining; (3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract (15) to hold all or part of the trust property uninvested for for such consideration and on such terms as to credit or oth- such purposes and for such time as the board may deem ap- erwise, and to make such contracts and enter into such propriate; and undertaking relative to trust property as the board deems ad- visable notwithstanding the length of any such lease or (16) to extend the time for payment of any obligation to the contract; trust. (4) to execute, acknowledge and deliver deeds, assign- (d) Notwithstanding any general or special law to the con- ments, transfers, pledges, leases, covenants, contracts, trary, all moneys paid to the trust in accordance with any promissory notes, releases and other instruments sealed or zoning ordinance or by-law, exaction fee, or private contribu- unsealed, necessary, proper or incident to any transaction in tions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General Page 27 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) revenues appropriated into the trust become trust property Article 24. Petition the Legislature-Amend Town and to be expended these funds need not be further appro- Charter Chapter 2 New Section — Section 10 — priated. All moneys remaining in the trust at the end of any Citizen Participation Mechanisms. fiscal year, whether or not expended by the board within 1 year of the date they were appropriated into the trust, remain To see if the Town will vote to authorize the Board of Select- trust property. men to Petition the Massachusetts Legislature to Amend (e) The trust is a public employer and the members of the Chapter 2 of the Charter for the Town of North Andover by board are public employees for purposes of chapter 268A. adding the following section as described below, beginning with Section 10 Citizen Participation Mechanisms; or take (f) The trust shall be deemed a municipal agency and the any other action relative thereto. trustees special municipal employees, for purposes of chapter 268A. Furthermore, this Amendment will be subsequently subject to approval by a favorable vote of the inhabitants of the Town of (g) The trust is exempt from chapters 59 and 62, and from North Andover qualified to vote in elections and town affairs, any other provisions concerning payment of taxes based at the next annual town election after Legislature approval. upon or measured by property or income imposed by the The question approving the Amendment shall appear on the commonwealth or any political subdivision thereof. ballot substantially the same as outlined in MGL, Chapter 43B: Section 11. (h) The books and records of the trust shall be audited an- nually by an independent auditor in accordance with accepted Section 10 Citizen Participation Mechanisms accounting practices. 2-10-1 Right of Initiative Petition; Initiative Procedures. (i) The trust is a governmental body for purposes of sections Registered voters of the town may, by initiative petition pro- 23A, 23B and 23C of chapter 39. pose to any annual or special town meeting the passage of a measure and, if such measure not be passed by said town Q) The trust is a board of the city or town for purposes of meeting, may cause such measure to be submitted to the chapter 30B and section 15A of Chapter 40; but agreements voters of the town for their approval thereof as hereinafter and conveyances between the trust and agencies, boards, provided. However, no measure shall be proposed by initia- commissions, authorities, departments and public instrumen- tive petition hereunder which: (1) makes a specific talities of the city or town shall be exempt from said chapter appropriation of money from the treasury of the town other 30B. than an appropriation to pay for the costs of a study, (2) Petition of the Board of Selectmen amends the zoning map or zoning by-laws of the town, (3) in- creases taxes or fees, or (4) proposes the submission to the Recommendations: voters of the town of an amendment to the charter. Board of Selectmen:...................................Favorable Action Finance Committee: ............To Be Made At Town Meeting An initiative petition shall set forth the full text of the measure proposed by the petitioners, and shall be signed by not less FINANCE COMMITTEE EXPLANATION: than one hundred registered voters of the town, each of The purpose of the trust is to provide for the creation and pre- whom shall sign his or her name and record his or her ad- servation of affordable housing in municipalities for the benefit dress on the petition as they appear on the list of registered of low and moderate income households. The trust would voters. The initiative petition shall be submitted to the Town consist of five members appointed by the town manager; the Clerk prior to the town meeting deadline for warrant articles. trust can rop rty, etc., for the purpose of promoting urchase e Upon certification of signatures, Town Clerk shall forward the p property, affordable housing. One of the biggest advantages is that the initiative petition to Town Counsel. trust is exempt from the provisions of Chapter 30B, which If Town Counsel certifies that the measure proposed by the would allow the trust to have more flexibility than if it were a initiative petition does not conflict with the constitution or laws town employee working on these types of projects. of the Commonwealth, and that it includes only subjects not excluded from the initiative by this section, the initiative peti- tion shall then be filed by him with the Board of Selectmen, who shall cause the measure proposed therein to be included in the warrant for the annual or special town meeting as an initiative article, so designated; provided, however, that if the Town Counsel shall fail, within ten days following his receipt of an initiative petition, to notify the Board of Selectmen in writing of his reasons for not certifying the petition, that peti- tion shall be deemed to have been certified by him, and the Board of Selectmen shall cause the measure therein pro- posed to be included in the warrant as an initiative article, so designated. Page 28 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Whenever an initiative article is included in the warrant for an shall be stated in the same language and form used in the annual or special town meeting, the moderator shall give to motions acted upon by town meeting. the first named signer of the initiative article, or his designee, the privilege of making the first motion under the initiative ar- If a majority of the voters shall vote in the affirmative, with at ticle,which shall be in the words of the proposal in the article. least twenty percent of registered voters voting, on either the initiative article motion or upon the alternative motion, the The moderator shall not accept any amendments or substitute measure voted upon in the affirmative by the number of vot- motions without the express approval of the person offering ers thus required, or the measure receiving the larger number the first motion under the initiative article. Action under an in- of votes if conflicting measures are approved shall take effect itiative article shall be taken by majority, two-thirds or such immediately or at such later time as may be specified in the other vote as may be required by the nature of such action measure, or if it be a by-law subject to the approval of the At- under applicable state laws. torney General, it shall take effect subject to Section 32 of Chapter 40 of the General Laws; provided, however, that any If such annual or special town meeting shall dissolve without measure the passage of which shall by law require a two- having adopted, enacted or voted passage of the motion pre- thirds affirmative vote in a town meeting shall, if proposed by sented under an initiative article, but if at least one-fifth of the an initiative petition, or if it be an alternate measure adopted total number of town meeting voters voting upon the motion by the town meeting, shall require the affirmative vote of two- shall have voted in the affirmative, the original petitioners of thirds of the voters voting at the special election called under the initiative article may complete their petition by filing with this section. Any measure proposed by initiative petition, or the Board of Selectmen an additional number of signatures of adopted by affirmative vote of the town meeting, and ap- registered voters of the town which, when combined with the proved by the voters of the town under this section shall, after signatures of the original petitioners, will equal in number not a period of 12 months, be subject to amendment, revision or less than fifteen percent of the total number of persons regis- repeal by town meeting, providing that such action does not tered to vote in the town. Each additional signatory voter shall conflict with the constitution or laws of the Commonwealth. sign his or her name, and record his or her address upon the petition as they appear on the list of registered voters, and all No provision in this section shall negate or in any way limit the such additional signatures shall be gathered not earlier than right of ten or more registered voters to have an article in- the day after which the town meeting dissolved, and shall be serted in the annual town meeting warrant at their written filed with the Board of Selectmen as set forth above not later request, or the right of one hundred registered voters of the than sixty days, exclusive of Sundays and legal holidays, fol- town to have an article inserted in a special town meeting lowing the dissolution. The Board of Selectmen shall forthwith warrant at their written request, all as provided for in Chapter send such signatures to the Board of Registrars for certifica- 39, Section 10, of the General Laws. tion. No provision in this section shall negate in any way the Mas- If the annual or special town meeting shall have adopted, sachusetts General Laws, North Andover Charter and North enacted or voted passage of any other separate motion as an Andover Bylaws governing the conduct and other require- alternative to the initiative article motion, such other motion to ments of special and annual town meetings. be designated an alternative motion by Town Counsel, the original petitioners of the initiative article may in like manner 2-10-2 Right of Referendum; Referendum Procedures complete their initiative petition by filing with the Board of Se- A vote passed at any town meeting authorizing the expendi- lectmen an additional number of signatures, all as provided in ture of fifty thousand dollars or more as a special the next paragraph. appropriation, or establishing a new board or office or abolish- ing an old board or office or merging two or more boards or Within ten days after the filing of the completed initiative peti- offices, or fixing the term of office of town officers, where such tion, and the Board of Registrars having certified the required term is optional, or increasing or reducing the number of number of signatures, the Selectmen shall issue a call for a members of a board, or adopting a new by-law, or amending special election, which shall be held within thirty five days af- an existing by-law, shall not be operative until after the expira- ter the issuing of that call, for the purpose of presenting to the tion of ten days, exclusive of Sundays and holidays, from the voters the measure proposed in the initiative petition which dissolution of the meeting. If, within ten days, a petition, has been acted upon unfavorably by the town meeting, and signed by not less than three per cent of the registered voters any alternative measure which may have been adopted by of the town, containing their names and addresses as they the town meeting, provided, however, that the election shall appear on the list of registered voters, is filed with the select- not be held during the exclusionary period from June 30th to men asking that the question or questions involved in such a September 7th. In the event a special election has been vote be submitted to the registered voters of the town at large, scheduled during this exclusionary period for other reasons, then the selectmen, after the expiration of five days, shall then the exclusionary period will not apply and the special forthwith call a special election for the sole purpose of pre- election for the initiative petition measure will be held on the senting to the registered voters at large the question or same date as the other scheduled special election. Both the questions so involved. The polls shall be opened at seven initiative petition measure and any alternative measure shall o'clock in the morning and shall be closed not earlier than appear upon the ballot to be voted upon by the voters, and eight o'clock in the evening, and all votes upon any questions Page 29 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) so submitted shall be taken by ballot, and the check list shall Article 25. Petition the General Court - Amend be used in the several precinct meetings in the same manner Chapter 8 - Section 1 of the Charter for the Town as in the election of town officers. The questions so submitted of North Andover— Elections. shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the town meeting To see if the Town will vote to direct the Board of Selectmen shall be reversed unless at least twenty per cent of the regis- to Petition the General Court to amend Chapter 8 Section 1-1 tered voters shall so vote. Each question so submitted shall of the Charter for the Town of North Andover by replacing be in the form of the following question, which shall be placed Section 1-1 in its entirety by: upon the official ballot:--"Shall the town vote to approve the action of the town meeting whereby it was voted (brief de- 8-1-1 The regular election for all town offices shall be by offi- scription of the substance of the vote and by what vote cial ballot held on the first Tuesday in June of each year. thereon if such vote was tabulated)?" If such petition is not filed within the period of ten days, the vote of the town meet- or to take any other action relative thereto. ing shall become operative and effective upon the expiration of said period. Absent voter ballots shall be used at such elec- Petition of Bernice A. Fink and others tion in accordance with the provisions of Chapter fifty-four. Recommendations: Petition of Albert S. Movsesian and others Board of Selectmen: ..............................Unfavorable Action Recommendations: Finance Committee:...................................Favorable Action Board of Selectmen:...................................Favorable Action FINANCE COMMITTEE EXPLANATION: Finance Committee: ...............................Unfavorable Action Chapter 8 Section 1-1 of the North Andover Home Rule Char- FINANCE COMMITTEE EXPLANATION: ter now reads: This article, voted down at last year's Annual Town Meeting, 8-1-1 The regular election for all town offices shall be by offi- would amend the North Andover Home Rule Charter to give cial ballot held on the last Tuesday in March of each year. citizens the additional powers of initiative petition and refe- rendum within local government. In the initiative portion, citizens would be able to bring a special initiative article to Article 26. Third Telecommunications Antenna at Town Meeting and, if it was not passed proponents of the ar- Stevens Estate at Osgood Hill. ticle would then have the option of collecting the signatures of 15% of the registered voters of the town within 60 days to put To see if the Town will vote to authorize the Board of Select- the issue before the people in a town-wide election. There are men to enter into a lease and grant an easement on the restrictions on the types of articles permitted, and an appropr- Stevens Estate, on terms and conditions the Board of Se- iation of money can only be used to pay for the costs of a lectmen deem in the best interest of the Town of North study. The referendum portion allows those citizens disagree- Andover, for a third telecommunications carrier on the tower ing with an action of Town Meeting to collect signatures from at the Stevens Estate; or to take any other action relative the- 3% of registered voters within ten days to also put the issue to reto. a town-wide election. Again, certain restrictions apply and no Board of Selectmen special appropriation less than $50,000 is subject to the refe- rendum process. Recommendations: Board of Selectmen: ..................................Favorable Action At press time there were 17,096 voters registered in North Finance Committee:...................................Favorable Action Andover; of whom 3%would be 513. FINANCE COMMITTEE EXPLANATION: This amendment will have to be approved by the Massachu- setts Legislature and a favorable vote of the residents at the The cell phone tower on Osgood Hill currently hosts two dif- next annual town election after Legislature approval, before it ferent carriers. The rent of the tower from those two carriers could go into effect. (`Cell Tower Lease' in the revenues list) is projected to be $56,856 for FY06. There is room for another carrier on the same tower. The third carrier would have no impact on the Town other than improving cell phone coverage and increas- ing Town revenues by an estimated $25,000 annually. Page 30 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Article 27. Emergency Preparedness Memoran- Article 28. Discontinuance of Portion of 922 Dale dum of Understanding. Street — McCarthy Property. To see if the Town will authorize the Board of Health to enter To see if the Town will vote to discontinue and abandon that into a Memorandum of Understanding with the member com- portion of the public way known as Dale Street formerly munities of the Greater Lawrence Coalition Emergency owned by Essex County and located between Winter Street Preparedness Region 3B to provide mutual aid and assis- and Russett Lane containing approximately 0.50 acres, as tance in responding to public health emergencies, on terms shown on Plan of Land entitled "Plan of Land, 922 Dale and conditions the Board of Health deems in the best interest Street, Prepared for Joseph McCarthy," which is on file with of the Town; or to take any other action related thereto. the town clerk, and which abuts the property numbered 922 Dale Street which is owned by Joseph W. McCarthy and Sha- Petition of Thomas A Trowbridge and others ron McCarthy, subject to the condition that the portion of Dale Street which is discontinued and the abutting property num- Recommendations: bered 922 Dale Street be classified as agricultural land in Board of Selectmen:...................................Favorable Action accordance with the terms of Massachusetts General Laws Finance Committee: ...................................Favorable Action Chapter 61A and subject to the condition that the Town retain and be granted an easement over the discontinued area for FINANCE COMMITTEE EXPLANATION: waterline and headwall maintenance as shown on said plan, and authorize the selectmen, upon such terms and conditions North Andover, through its Board of Health, has been a as the selectmen consider to be appropriate and in the best member of the Greater Lawrence Coalition, which is a interests of the Town and consistent with the provisions of partnership of local health departments working together to Section 83 of Chapter 291 of the Acts of 2004,to take any ac- plan and respond on a regional basis to emergency situations tion to facilitate the annexation of the discontinued way to the such as outbreaks of infectious diseases, bioterrorist acts, property numbered 922 Dale Street, to retain any interest in environmental, natural and man-made disasters, and civil the way, make any conveyances, and grant or accept any disorders that oftentimes cross political boundaries. The easements or other interests in the way and in the property Coalition has received funding from the Federal Department numbered 922 Dale Street; or to take any other action relative of Homeland Security to carry out its mission. As a condition thereto. of receiving these grants, the Federal Government is requiring Petition of Joseph McCarthy and others that local Boards of Health enter into formal mutual aid agreements similar to what currently is in place between Recommendations: police and fire departments. This article, which Town Board of Selectmen: ............To Be Made At Town Meeting Counsel has opined is required by state statute, would Finance Committee:...................................Favorable Action authorize the Board of Health to enter into an intergovernmental agreement, in the form of a memorandum FINANCE COMMITTEE EXPLANATION: of understanding, with other members of the Coalition for the purpose of establishing such a mutual aid agreement. Other This article would allow the Petitioner to continue an action to municipalities in the agreement are Andover, Lawrence, obtain a portion of a right of way currently owned by the Lynnfield, North Reading, Methuen and Reading. Commonwealth of Massachusetts. If obtained, the Petitioner would hold 5 acres of land, and would then be able to apply for an agricultural exemption. � o ti ro V 6 m M 131• i47' rn o 154• LME T38, N 5�, 4 a 3g7• 6+' �V55EC� 141 48 47 44,513 162 13 r 12 [n 50 49 4q 569 51 s Q� 52 12 17 uy � g9 '# s�3 s iT. R) W 26 21 22 ! 1 a a , 55 56 23 63 ao i 57 � 58 62 sy 5m° 41 R�INCS�11 r56, m 24 9 17 T52, r 46 1 s 59 y a>= 39 u 42 Page 31 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 29. Roadway Acceptances — Coachman's Easy Street Lane (off Great Pond Road), Concord Street (off A way known as Easy Street as shown on a Plan of Land en- Osgood Street), Easy Street (off Abbott titled, "Definitive Subdivision Plan of Land, Abbott Meadows, Street),Highland View Avenue (Chadwick St to North Andover, MA; prepared for S.B. Homes Inc., 345 Ste- vens Street North Andover, MA; prepared by Frank C. Furber Ave), Morningside Lane (off Winter Gelinas &Associates Inc, 451 Andover Street North Andover, Street), and Russett Lane (off Dale Street). MA , scale 1"=40', dated January 23, 1981, revised June 11, 1981. Said plan recorded with the Essex North District Regi- To see if the Town will vote to accept the following roadways stry of Deeds as Plan No. 8690. as public ways; or to take any other action related thereto. Coachman's Lane A way known as Coachman's Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North An- dover; prepared for Coachman's Lane, scale 1"=50', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer ` Salem Street Street, Haverhill, MA 01830 on file in the Office of the Town 19 Clerk. North Andover North Andover ' Country Club ' Highland View Avenue ° A way known as Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North 51', Andover; prepared for Highland View Avenue, scale 1"=40', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town North Andover Clerk. Concord Street era Away known as Concord Street as shown on a Plan of Land , 133 entitled, "Street Acceptance Plan located in North Andover; prepared for Concord Street, scale 1"=40', dated 9/1/03; pre- $ pared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. W O, pa i C19��p 4� Andover Ave�. North 'US 9. 133� 125'1 5 SY North Andover {yak Bunker Hill St. � °° Article 30 � sf Summit Street—Article 30. ::. Park Sf.. /, Phi4lipsC� (continued) Page 32 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Morningside Lane tizes `private' roadways, then reconstructs, repaves, installs A way known as Morningside Lane as shown on a Plan of drainage, etc. in order to meet Town standards. The Town Land entitled, "Street Acceptance Plan located in North An- funds the URIP through the Capital Improvements Program. dover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03; prepared by Christiansen & Sergi, The only practical way, according to Town Counsel, to 'ac- 160 Summer Street, Haverhill, MA 01830 on file in the Office quire' roadways is through an eminent domain taking. The of the Town Clerk. chances of the original developer-corporation demanding compensation are remote (the developer-corporation is cur- ?', rently liable legally for the roadway). As such, no additional appropriation of Town funds is required for `acquisition' ar- ticles. II II Once `accepted' or `acquired', the roadway becomes `public' wwlewRd (i.e., Town-owned), and State funds (MGLA, Ch. 90) may be used for paving, repairs, etc. Since State `Chapter 90 High- No►cr,anaover w `� way Grants' are based on the number of miles of town roads, Qtr each road `accepted' or `acquired' adds to the Town's share of State aid received. ` nt r k st Article 30. Roadway Acquisition and Acceptance � ego i ° - Adams Avenue, Autran Avenue, Bunker Hill Street, Douglas Road ,Glenwood Street, Martin Russett Lane Avenue, and Summit Street. A way known as Russett Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; To see if the Town will vote to accept the following roadways prepared for Morningside Lane and Russett Lane, scale as public ways and authorize the Board of Selectmen to ac- V=60% dated 9/1/03; prepared by Christiansen & Sergi, 160 quire by eminent domain, gift, purchase or otherwise, any fee, Summer Street, Haverhill, MA 01830 on file in the Office of easement, or other interest in the following described road- the Town Clerk. ways, and to award no damages for said eminent domain takings, or to take any action related thereto: Petition of the Department of Public Works Adams Avenue Recommendations: A way known as Adams Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; Board of Selectmen:...................................Favorable Action prepared for Adams Avenue, scale 1"=60', dated 8/16/04; Finance Committee: ...................................Favorable Action prepared by Christiansen & Sergi, 160 Summer Street, Ha- FINANCE COMMITTEE EXPLANATION: verhill, MA 01830 on file in the Office of the Town Clerk. Martin Ave , Warrant Articles 29 through 36 provide for the `acceptance' by (next page) the Town of certain roadways. Warrant Article 30 provides for the `acquisition' by the Town of certain roadways. ��WOO$ d In general, new roads are frequently created by a developer building a subdivision. Those private roads that meet Town standards can be `accepted' by the Town from the developer. At that point, the road moves from private ownership to Town ownership. The process of road acceptance includes numer- Z, ous physical and legal requirements and inspections. Once all those requirements are met, Town Meeting may vote to ac- cept the road for the Town under MGLA, Ch. 82, sec. 23. No Autran Avenue appropriation of Town funds is required for the `acceptance' A way known as Autran Avenue as shown on a Plan of Land articles. entitled, "Street Acceptance Plan located in North Andover; prepared for Autran Avenue, scale V=40', dated 1/7/05; pre- While `acceptance' articles apply to those roadways still under pared by Christiansen & Sergi, 160 Summer Street, Haverhill, the control of a developer, `acquisition' articles apply to those MA 01830 on file in the Office of the Town Clerk. roadways where the original developer is long gone. For these roadways, the current owner is generally a shell corpo- ration —with no forwarding address. The roadway acquisition articles represent the finishing process of the Unaccepted Roadways Improvement Program ("URIP"). The URIP priori- Page 33 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Bunker Hill Street pared by Christiansen & Sergi, 160 Summer Street, Haverhill, A way known as Bunker Hill Street as shown on a Plan of MA 01830 on file in the Office of the Town Clerk. Land entitled, "Street Acceptance Plan located in North An- Appears on Adams Avenue map above. dover; prepared for Bunker Hill Street, scale 1"=40', dated 2/13/04; prepared by Christiansen & Sergi, 160 Summer Summit Street Street, Haverhill, MA 01830 on file in the Office of the Town A way known as Summit Street as shown on a Plan of Land Clerk. entitled, "Street Acceptance Plan located in North Andover; Appears on Concord Street map in Article 29. prepared for Summit Street, scale 1"=40', dated 1/7/05; pre- pared by Christiansen & Sergi, 160 Summer Street, Haverhill, Douglas Road MA 01830 on file in the Office of the Town Clerk. A way known as Douglas Road as shown on a Plan of Land Appears on Highland View Avenue map in Article 29. entitled, "Street Acceptance Plan located in North Andover; prepared for Douglas Road, scale 1"=40', dated 2/13/04; pre- Petition of the Department of Public Works pared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Recommendations: p Board of Selectmen: ..................................Favorable Action Finance Committee:...................................Favorable Action FINANCE COMMITTEE EXPLANATION: Norm Andover The explanation with Article 29 applies to all these Articles. Article 31. Street Acceptance - Anvil Circle (Off Gra-qn� t Turnpike Street-Forest View Estates). To see if the Town will vote to accept, as a public way, Anvil Circle as shown on the Street Layout Plan for Forest View Es- tates in North Andover, MA, Prepared for the Town of North e � Andover, 120 Main Street, North Andover, MA, drawn by Marchionda & Associates, L.P. Engineering and Planning a Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA Glenwood Street 02180, dated January 10,2005, Scale 1"=40', which is on file A way known as Glenwood Street as shown on a Plan of with the Town Clerk of North Andover; or to take any other Land entitled, "Street Acceptance Plan located in North An- action relative thereto. dover; prepared for Glenwood Street, scale 1"=40', dated 10/15/04 ; prepared by Christiansen & Sergi, 160 Summer Petition of Lianne Cristaldi and others Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Recommendations: sr Board of Selectmen: ............To Be Made At Town Meeting Finance Committee:.............To Be Made At Town Meeting ff 7, orth Andover ; I� iVdi1Cti�� Y i b Garnet,or Martin Avenue A way known as Martin Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Martin Avenue, scale 1"=40', dated 8/16/04; pre- Page 34 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 32. Street Acceptance - Amberville Road FINANCE COMMITTEE EXPLANATION: (Off Turnpike Street-Forest View Estates). The explanation with Article 29 applies to all these Articles. To see if the Town will vote to accept, as a public way, Am- berville Road as shown on the Street Layout Plan for Forest Article 35. Street Acceptance —Willow Street, View Estates in North Andover, MA, Prepared for the Town of Willow Street (South Extension), Bayfield Drive North Andover, 120 Main Street, North Andover, MA, drawn by Marchionda & Associates, L.P. Engineering and Planning and Flagship Drive. Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA To see if the Town will vote to accept the following roadways 02180, dated January 10,2005, Scale 1"=40', which is on file as public ways; or to take any other action relative thereto: with the Town Clerk of North Andover; or to take any other action relative thereto. Willow Street, Willow Street (South) Extension, Bayfield Drive Petition of Lianne Cristaldi and others and Flagship Drive, all as shown on a Street Layout Plan en- titled, "Street Layout Plan of Willow Street (South) extension Recommendations: and Bayfield Drive "North Andover Business Park"; prepared Board of Selectmen:...................................Favorable Action for Bayfield Development Company, Inc., 355 Middlesex Ave- Finance Committee: ............To Be Made At Town Meeting nue, Wilmington, MA 01887; prepared by the Neve-Morin Group, Inc., 447 Old Boston Road, Topsfield, MA 01983; Map of Amberville, Garnet, and Palomino: see Article 31. scale 1"=40', dated 12/21/04 on file in the Office of the Town Clerk. Petition of Frank E. Elander and others Article 33. Street Acceptance - Garnet Circle (Off Turnpike Street-Forest View Estates). Recommendations: Board of Selectmen: ..................................Favorable Action To see if the Town will vote to accept, as a public way, Garnet Finance Committee:.............To Be Made At Town Meeting Circle as shown on the Street Layout Plan for Forest View Es- tates in North Andover, MA, Prepared for the Town of North Andover, 120 Main Street, North Andover, MA, drawn by Marchionda & Associates, L.P. Engineering and Planning 9� 9 9 I ti Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 10,2005, Scale 1"=40', which is on file i with the Town Clerk of North Andover; or to take any other action relative thereto. ti,' Petition of Lianne Cristaldi and others �I . Recommendations: Board of Selectmen:...................................Favorable Action p Finance Committee: ............To Be Made At Town Meeting Article 34. Street Acceptance - Palomino Drive p I (Off Turnpike Street-Forest View Estates). To see if the Town will vote to accept, as a public way, Palo- Ili mino Drive as shown on the Street Layout Plan for Forest Bayfield Dr. View Estates in North Andover, MA, Prepared for the Town of North Andover, 120 Main Street, North Andover, MA, drawn by Marchionda & Associates, L.P. Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stone- ham, MA 02180, dated January 10,2005, Scale 1"=40', which is on file with the Town Clerk of North Andover; or to take any other action relative thereto. Petition of Lianne Cristaldi and others Recommendations: Board of Selectmen:............To Be Made At Town Meeting Finance Committee: ............To Be Made At Town Meeting Page 35 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 36. Street Acceptance — Delucia Way (Off Article 37. Timber Lane — Transfer to the Board of Waverley Road). Selectmen. To see if the Town will vote to accept Delucia Way (Off Wa- To see if the Town will vote to authorize the transfer of the verley Road) as a public way; or to take any other action care, custody and control of the following parcel of land, relative thereto. which is a cul-de-sac on Timber Lane, to the Board of Se- Petition of Stephen Smolak and others lectmen for purposes of selling or conveying the land and to authorize the Selectmen to sell or convey the land on terms Recommendations: and conditions they deem in the best interest of the Town, Board of Selectmen:...................................Favorable Action even if the Town receives no financial payment: Finance Committee: ............To Be Made At Town Meeting Beginning at a point on the northerly sideline of Timber Lane being 12.82 feet from the lot corner between Map 64, Parcel 38 and Map 104C, Parcel 85 as shown on a plan en- �V) 47 titled "Form A Lot Line Adjustment Plan Town of North -Z $ Andover Timber Lane, North Andover, MA." Scale 1"=20', ° 91 dated February 11, 2005, prepared by W.C.Cammett Engi- j°, neering, Inc., which is on file at the Town Clerk's Office I thence: Be 8:9 94 Turning and running North 60 139'10" West a distance of 1 1,�a r 95 155.39 feet to a point on the northerly sideline of Timber �h ? Lane; Then turning and running along a curve to the left with a radial bearing of North 29 120'50" East and a central angle of ?2. 72 132'30" a radius of 40.00 feet and a distance along the curve of 50.64 feet to a point; 12 Thence turning and running along a curve to the right with a central angle of 162 132'30" a radius of 60.00 feet and a dis- tance along the curve of 170.21 feet to a point; (M Thence turning and running South 29 120'50" West a dis- � tance of 10.00 feet to the point of beginning r 729 And which is further shown as Parcel A on said plan, having x an area of+7,080 square feet; or to take any other action rel- �F4 ative thereto. Petition of David Fournier and others phi ?J5 Recommendations: Board of Selectmen: ............To Be Made At Town Meeting SCALE - 200 F = 1 8 Finance Committee:.............To Be Made At Town Meeting d �¢tipti 12 3 202 A 86 pry 1 1 p 14 A2� 30 g 89 1.04 85 10 1.39 a 1 .38 ac. y, r Page 36 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 38. Amend Zoning Map - Rezone Police Station Area. To see if the Town will vote to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw, to rezone the below parcels of land from their current zoning to General Business. Residential 4 to General Business: 1) From 522 Main Street to 566 Main Street [North Andover Police Department], and 2) From 39-41 Park Street to 75 Park Street [the Greenery]. These eleven (11) parcels of land are shown on the Town of North Andover Assessor's Maps as follows: Assessor's Map 71, Parcel 44; Assessor's Map 71, Parcel 43; Assessor's Map 71, Parcel 39; Assessor's Map 71, Parcel 28; Assessor's Map 71, Parcel 45; Assessor's Map 71, Parcel 46; Assessor's Map 71, Parcel 47; Assessor's Map 71, Parcel 48; Assessor's Map 71, Parcel 50; Assessor's Map 58B, Parcel 37; Assessor's Map 85, Parcel 13 totaling approximately 297,359 square feet. Petition of the Board of Selectmen Recommendations: Board of Selectmen:...............................Unfavorable Action Finance Committee: ............To Be Made At Town Meeting FINANCE COMMITTEE EXPLANATION: C0UM A 2% ,• 2 3 22 This article, if passed at Town Meeting, would re- zone all parcels of land (that are not already so ` " ° 12 zoned) from Residential-4 to General Business in the Greene „ the area bounded by Osgood Street, Park Street, Greenery 10 Chickering Road, and Main Street. There are pre- sently some parcels in this area that are already s ,- zoned as General Business. The present Police 48 58B-37 Station sits in the south corner of this area. y 46 47 N.A.P.D. nvorr snz¢-r 28 The purpose of this article is to try to maximize the 45 SHEET value of the land on which the present Police Sta- 43 39 tion sits, as the land would be put up for sale once 44 a replacement Police Station is completed. 38 Kittredge 30 a Sal's sRFT r 5 Page 37 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 39. Rezone Turnpike Street. To see if the Town will vote to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw, to rezone the below parcels of land from their current zoning to General Business: (1) To rezone the eight parcels with land fronting on Turnpike Street from the intersection of Hillside Road and Turnpike Street (next to Chestnut Green Office Park) starting at 591 Turnpike Street and ending at 651 Turnpike Street [Country Side Realty Building] (2) To rezone the thirteen parcels with land fronting Turnpike Street from 570 Turnpike Street (next to Starbucks and Blockbus- ter) to and including 740 Turnpike Street(Mr. Sudzy Carwash) and certain parcels that are located within 200 feet of Turnpike Street[Map 98D, 6; Map 98D, 7; Map 98D,20, Map 98D,21]. These twenty-one parcels of land are shown on the Town of North Andover Assessors Map as the following map and parcels with corresponding current zoning classifications: Assessor's Map 98D Parcel 49; Assessor's Map 98D Parcel 6; Assessor's Map 98D Parcel 7; from Business 1 to General Business; Assessor's Map 25 Parcel 8; z o o, 39 Assessor's Map 25 Parcel 7; 58 s9 Assessor's Map 25 Parcel 6; ° 8p 62 a Assessor's Map 25 Parcel 5; 37 7 S.T 4, Assessor's Map 25 Parcel 43; 3s z 3 from Residential 6 to General 4 ss 40 Business; ; �Z s, so �3 71 1 Mc F Assessor's Map 25 Parcel 44; �o z z , 3s s Assessor's Map 25 Parcel 50; �� zs Zz Rs Assessor's Map 25 Parcel 53; ¢4 69 from Village Commercial to s 53 3s a 3 as s1 a? 46 74 7 General Business; as 49 3, 6 2� sb Assessor's Map 98D Parcel 31; R4 from Residential 3 to General s s �3 S2 Business; 9 �� 1 7 3 4 Assessor's Map 98D Parcel 38; Assessor's Map 98D Parcel 57; r Assessor's Map 98D Parcel 56; Assessor's Map 98D Parcel 40; ?9 z from Village Commercial to ; ' g 3 z $ a e so General Business; r �3 °� CO e� r ,6 Rz Assessor's Map 98D Parcel 21; Assessor's Map 98D Parcel 20;from Industrial 1 to General Business; Assessor's Map 98C Parcel 61; Assessor's Map 25, Parcel 2; Assessor's Map 98D Parcel 37; from Residential 3 to General Business; or to take other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:............To Be Made At Town Meeting Finance Committee: ............To Be Made At Town Meeting Notice how the map makes the otherwise odd paragraphs into nice tables. Just line everything up nice. Be careful with my map,it has multiple layers of circles and boxes and stuff. Page 38 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 40. Amend Zoning Map — 651 Turnpike Article 41. Amend Zoning Map 1503 Osgood Street (Route 114) from Village Commercial (VC) Street —Assessors Map 34 Parcel 7 From Indus- to General Business (GB). trial 1 (11) to Business 2 (132). To see if the Town will vote to rezone the property located at To see if the Town will vote to amend the Zoning Map of the 651 Turnpike Street (Route 114) from Village Commercial Town of North Andover for a certain parcel of land, consisting (VC)to General Business (GB). of 6.07 acres, known and numbered at 1503 Osgood Street, located on the easterly side of Osgood Street at the intersec- The property consists of 45,000 S.F. or 1.03 acres of land. A tion of Osgood Street and Orchard Hill Road, and shown on description of the property can be found on Map 25 Block 53 the Town of North Andover Assessors Map 34, Parcel 7, from of the Town of North Andover Assessor's Map. The property Industrial 1 (1-1) to Business 2 (B-2); or to take any other ac- is further described in Book 03794 Page 0278 at the Essex tion relative thereto. County Registry of Deeds. Said parcel is more particularly described as follows: The Village Commercial classification requires 90,000 S.F. of Beginning at the Northwesterly corner of the parcel herein land to build commercially. The General Business classifica- described at a point on the Easterly side of Osgood Street in tion requires 25,000 S.F. of land to build commercially. The the Town of North Andover, Massachusetts, property at 651 Turnpike Street has 45,000 S.F. of land. Thence; N 85 105'57"E by land of Albacado Lmt. Partner- ship a distance of 663.21'to a stone bound, The property immediately adjacent to 651 Turnpike Street is Thence: S 22 129'47"E by land of Barker a distance of zoned General Business. (Specifically the property located on 412.51'to a stone bound, Map 25 Parcel 4 of the Town Assessor's Map). Rezoning Thence: S 87 100'56"W along Orchard Hill Road a distance creates a more consistent General Business zoning scheme of 733.36' to a point on a curve on the Easterly side of Os- along Route 114. good Street, Thence; Northerly along the Easterly sideline of Osgood The rezoning of the property located at 651 Turnpike Street is Street on a curve with a radius of 508.76' a distance of 39.98' consistent with the public policy considerations established by to a point of tangency, the Town's Zoning Task Force. Rezoning assists the town by Thence; N 13 137'13"W along Osgood Street a distance of creating additional revenue. Furthermore, rezoning helps the 332.95'to the Point of Beginning. Town to shape and direct appropriate economic growth by promoting new economic opportunity on the already commer- Said parcel containing 264,561 s.f., or 6.07 Acres, as more cialized Route 114 highway. particularly shown on the following plan, being the same pre- mises conveyed by deed recorded with the Essex North Rezoning is also consistent with the public policy considera- Registry of Deeds in Book 7902, Page 75. tions of Chapter 40(A) of the Massachusetts General Laws. Rezoning permits the most appropriate use of the land and Petition of John T.Smolak and others promotes the heath, safety, and welfare of the Town's resi- dents; Recommendations: Board of Selectmen: ............To Be Made At Town Meeting or to take any other action relative thereto. Finance Committee:.............To Be Made At Town Meeting Petition of Scott Hajjar and others 0 Recommendations: Board of Selectmen:............To Be Made At Town Meeting �� Finance Committee: ............To Be Made At Town Meeting e See this lot with a double circle on the map for Article QiLucent w j CH a o a Page 39 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 42. Amend Zoning Map — 1000 Osgood Article 43. Amend Zoning Bylaw Section 4.2 — Street from 12 (Industrial 2) to Business 2(132). Phased Development — By Amending Section 1 — To see if the Town will vote to amend the Zoning Map of the Intent and Purpose and Section 9-Expiration. Town of North Andover to rezone the parcel of land with the To see if the Town will vote to amend Section 4.2 — Phased two-story building thereon, located at 1000 Osgood Street, Development — of the Town of North Andover Zoning Bylaw North Andover, MA from Industrial 2 (12)to Business 2 (132). by deleting Section 1- Intent and Purpose, and inserting a new Section 1 — Intent and Purpose, and by deleting Section Said parcel of land being shown on North Andover Assessor's 9 - Expiration, and inserting a new Section 9 — Expiration, or Map 74, Parcel 6 and located on the westerly side of Osgood to take any other action relative thereto: Street approximately 295.4 feet northerly of the intersection of Osgood Street with Sutton Street. For further reference see Section 4.2 currently reads: deed dated May 3, 1971, recorded in the North Essex Regi- stry of Deeds in Book 1170, Page 206; or to take any other 4.2 Phased Development By-law action relative thereto. 1. Intent and Purpose. The purpose of this section is to ensure that development Petition of Vincent B. Landers and others occurs in North Andover in a strategic, orderly and planned manner that allows for the preparation and main- Recommendations: tenance of high quality municipal services for an ever- Board of Selectmen:............To Be Made At Town Meeting expanding residential population, while at the same time Finance Committee: ............To Be Made At Town Meeting allowing reasonable residential development during such preparation that does not infringe on the quality of life or municipal services provided for the residents of the Town of North Andover, in order to provide for high quality and p reliable municipal services such as, but not limited to, fire ' T', and police protection, educational facilities and programs 0 and available clean water resources. This section estab- CIO lishes a strategic development rate consistent with recent historical average development rates for residential devel- opment in order to ensure that development occurs in an s orderly and planned manner as it relates to the Town's � k ability to provide high quality and effective services for its p A citizens and protect its resources necessary for sustaining 1 the present and future quality of life enjoyed by its citizens. 2. Definitions. For the purposes of this Bylaw, the following terms shall have the following meaning: (a) "Anniversary date" for each subdivision, special per- mit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been ob- tained. zr,,rrpf� / (b) "Developer" any individual who either as an individual, n, M ,opal Airport ^ a beneficial owner of a real estate trust, a partner in a 1125 partnership, or an officer or owner of a corporation, re- old Rd quests one or more building permits for the 1000 0 g Qd S , ldddoagoodSt N FredhF.-Rd �_ construction of new dwelling units. ver,MA 84 �I North Ando 015 (c) "Development" shall mean a single parcel or set of contiguous parcels of land held in substantial common act, ownership, regardless of form, at any time on or after North Andover the date of adoption of this bylaw, for which one or �f 133 more building permits are sought. 121 5 (d) "Phased Development Schedule" shall mean a sche- dule authorized by the Planning Board or its authorized MQ81;, designee in accordance with this Section, which out- rov N lines the maximum building permit issuance per s m, development. uera ,z 5 3. Regulations. nFsx,33 " (a) Beginning on the effective date of this section, no building permit for a new residential dwelling unit or Page 40 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) units shall be issued unless in accordance with the rying out its duties under this section. In particular, regulations of this section, or unless specifically ex- these regulations shall address the conditions and empted in Section 6 below, or by the provision of MGL, processes for authorizing building permits on an an- s. 40A, c.6. nual basis. (b) The regulations of this section shall apply to all defini- 4. Phased Development Schedule tive subdivision plans, subdivisions not requiring (a) Building permits for new dwelling units shall be autho- approval, contiguous Form A lots held in common or rized in accordance with the following Phased related ownership on the effective date of this by-law, Development Schedule: site plan review applications, and special permits, Number of Units in Maximum Units for which would result in the creation of a new dwelling Subdivision Minimum Years which Building Records unit or units. Dwelling units shall be considered as part Development for Development May Be Issued Per Year of a single development for purposes of development scheduling if located either on a single parcel or conti- 1-6 1 All guous parcels of land that have been in the same 7-20 2 50%of total ownership at any time on or subsequent to the date of 21-34 3 33%oftotal adoption of this section. 35-50 4 25%of total (c) For all building lots/dwelling units covered under Sub- 51-75 5 20%of total section 3(b), the Planning Board is authorized to 76-125 6 16.7%of total approve a Phased Development Schedule for that 126+ 7 14.3%of total lot/unit in accordance with Section 4a. No Phased Development Schedule shall exceed seven years. (d) The request for authorization of a Phased Develop- ment Schedule shall be made on forms provided by the (b)The number of lots eligible for building permits in the Planning Board. Requests will include any and all in- first year of the development shall be prorated from the formation necessary to demonstrate eligibility and anniversary date to December 31. Fractions of .5 or compliance with these regulations. greater shall be rounded up to the nearest number and (e) No building permits for new dwelling units shall be is- fractions less than .5 shall be rounded down. sued until the Phased Development Schedule has (c) If as a result of an applicant seeking approval of a been recorded in the Essex County Registry of Deeds second plan of development on a parcel of land for and a certified copy of the Phased Development Sche- which authorizations have been previously granted, a dule has been filed with both the Planning and Building second plan is approved, a new Phased Development Departments. Schedule shall be established. The second schedule (f) Upon transfer of any lot or unit subject to this section, shall supersede the first Phased Development Sche- the deed shall reference the Phased Development dule at the time a building permit is issued based on Schedule and state the earliest date on which con- the second plan for any lot lying wholly or partially with- struction may be commenced in accordance with the in the parcel subject to the new development schedule. provision of this bylaw. (d)The Planning Board, in approving the second plan, (g) If a proposed subdivision includes any lots that are shall determine the number of authorizations from the within 500 feet of lots in another subdivision held in first plan that would be abated based on the second common or affiliated ownership, then both subdivisions plan's approval. This number shall be used by the shall be construed to be a single subdivision for the Building Inspector in revising the authorization sche- purposes of this Bylaw. dules due to abatements. (h) Lot lines for Form A lots shall be defined when the 5. Requirements. Form A lots have been approved by the Planning (a)All definitive subdivisions, Form A approvals, special Board or an authorized agent. Subsequent changes in permits, and site plan review applications shall include the shape or ownership of lots shall not render the pro- a proposed Phased Development Schedule by the ap- visions of this Bylaw void. plicant. (i) Building permits shall be issued in accordance with the (b) Phased Development Schedules. Phased Development Schedule. However, the Plan- i. Phased Development Schedules shall be deter- ning Board may, without a public hearing and upon mined by the Planning Board at the time of written request from the applicant, permit up to twice approval of any such application. Such schedules the allowed annual maximum permitted for that project shall be included as a condition of approval of the under the provisions of this Bylaw, provided that build- application. ing permits issued in succeeding years shall be limited ii. The Building Inspector shall be authorized to issue to less than the permitted maximum, if necessary, to revised Phased Development Schedules based insure that the overall number of allowed permits is not solely on approvals granted by the Planning Board. exceeded. iii. All Phased Development Schedules with approved Q) The Planning Board, in conjunction with the Building authorization shall be recorded with the application Inspector, shall be responsible for administering this approval decision with the Town Clerk. No building section of the Bylaw. Accordingly, the Planning Board permits shall be issued pursuant to the schedule shall adopt and publish reasonable regulations for car- until the applicant records the approval decision Page 41 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) with the Phased Development Schedule at the Re- The provisions of this by-law are hereby declared severa- gistry of Deeds. ble and if any provision shall be held invalid or 6. Exemptions. unconstitutional, it shall not be construed to affect the va- The following developments are specifically exempt from lidity or constitutionality of any of the remaining. the provisions of this bylaw. 9. Expiration a) An application for a building permit for the enlarge- The provisions of this Section 4.2 shall expire on July 1, ment, restoration, or reconstruction of a dwelling in 2009; however, by a vote of Town Meeting, before said existence as of the effective date of this by-law, pro- date, the provisions of this Section 4.2 may be extended vided that no additional residential unit is created. from an additional four (4) years in order to continue mu- b) Definitive subdivision approvals, special permits, Form nicipal comprehensive planning studies necessary to A lots and site plan approvals, and development sche- promote orderly growth. In the event said action is taken dules made and approved prior to the date of adoption by Town Meeting prior to July 1, 2009, these provisions of this by-law shall be exempt from the provisions of shall be construed to have lapsed on such date. this by-law. The Planning Board shall have sole and exclusive authority to render all decisions on exemp- Section 1 as Amended to read as follows: tion requests. c) Dwelling units for low and/or moderate income families 4.2 Phased Development Bylaw or individuals, where all of the following conditions are 2-.1. INTENT AND PURPOSE --- Formarrea:Bnuets and Nnmbermg met: This Section 4.2.1 is adopted pursuant to the provisions of i. Occupancy of the units is restricted to households Massachusetts General Laws, Chapter 40A and the Home qualifying under Local Initiative Programs and the New Rule Amendment, Article 89 of the Massachusetts Consti- England Fund as administered by the Massachusetts tution, for the following purposes: Department of Housing and Community Development. a) to ensure that growth occurs in an orderly and planned ii. The affordable units are subject to a properly ex- manner, at a rate that can be supported by Town servic- ecuted and recorded in perpetuity deed restriction es, while avoiding large year to year variations in the running with the land that shall limit the succeeding re- development rate; sale price to an increase of 10 percent, plus any b) to allow the Town time to update and implement its increase in the consumer price index, plus the cost of Master Plan and Housing Plan and to provide the Town any improvements certified by the Building Inspector. with time to study the effect of growth on the municipali- d) Dwelling units for senior residents,where occupancy of ty's infrastructure, character, and municipal services, the units is restricted to senior persons through a prop- and to continue municipal comprehensive planning stu- erly executed and recorded in perpetuity deed dies necessary to provide orderly growth; restriction running with the land. For purposes of this c) to allow the Town time to study, plan for, and provide an Section "senior" shall mean persons over the age of additional source of water so as to protect the town's wa- 55. ter supply for future growth; e) Development projects which voluntarily agree to a min- d) to relate the timing of residential development to the imum 40% permanent reduction in density, (buildable Town's ability to provide adequate public safety, schools, lots), below the density, (building lots), permitted under roads, municipal infrastructure, and human services at zoning and feasible given the environmental conditions the level of quality which citizens expect, and within the of the tract, and as determined and approved by the Town's ability to pay under the financial limitations of North Andover Planning Board with the surplus land Proposition 2 1/2; equal to at least ten buildable acres and permanently e) to allow departures from the strict application of the designated as open space and/or farmland. The land growth rate measures herein in order to encourage cer- to be preserved shall be protected from development tain types of residential growth which address the by an Agricultural Preservation Restriction, Conserva- housing needs of specific population groups or which tion Restriction, and dedication to the Town, or other provide significant reductions in the ultimate residential similar mechanism approved by the Planning Board density of the Town. that will ensure its protection. f) Any tract of land existing and not held by a Developer Sections 2 through 8 remain unchanged. in common ownership with an adjacent parcel on the effective date of this Section shall receive a one-time Section 9 as Amended to read as follows: exemption from the Development Scheduling provi- sions for the purpose of constructing one single family 9. The provisions of this Section 4.2 shall expire on July 1, dwelling unit on the parcel. 2009. 7. Zoning Change Protection Petition of the Planning Board Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the earliest date on Recommendations: which the final unit in the development could be authorized Board of Selectmen: ............To Be Made At Town Meeting under this bylaw. Finance Committee:.............To Be Made At Town Meeting 8. Severability Page 42 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 44. Amend Section 8.8.7 - Adult Use Zone Article 45. Amend Zoning Bylaw Section 8.9 - Application Information of the Zoning Bylaw. Wireless Service Facilities-Add New Section — To see if the Town will vote to amend section 8.8.7 of the Section 13 — Exempt Facilities. Zoning Bylaw for the Town of North Andover as follows: To see if the Town will vote to amend Section 8.9 of the Zon- ing Bylaw by adding a new Section — Section 13 - Exempt Section 8.8.7 now reads: Facilities, to read as follows: Application information: The application for a special permit for an adult use establishment must include the following informa- tion: The following facilities shall be exempt from the provisions of a) Name and address of the legal owner of the establish- this bylaw: ment,and of the legal owner of the property; a) Municipal telecommunications facilities, including but not b) Name and address of all persons having lawful equity or limited to police, fire, ambulance, and emergency dispatch security interests in the establishment; facilities, and other municipal telecommunications facili- c) Name and address of the manager; ties; d) Number of employees; e) Proposed provisions for security within and without the b) Amateur radio towers used in accordance with the terms of establishment; an amateur radio license issued by the Federal Communi- f) The physical layout of the interior of the establishment. cations Commission (FCC), provided that (1) the amateur radio tower is not used or licensed for any commercial Amend by adding the following to Section e: purpose; and (2) the tower shall be removed upon loss or (e) Proposed provisions for security within and without the termination of the FCC license. establishment;these provisions must include and detail Or to take any other action relative thereto. specifications for the following requirements: (i) Security personnel paid for by the establishment Petition of the Board of Selectmen owner to remain inside the business during operat- ing hours of the establishment; Recommendations: (ii) Security personnel paid for by the establishment Board of Selectmen: ..................................Favorable Action owner to patrol the parking lot. Finance Committee:.............To Be Made At Town Meeting (iii)The security plans and personnel referenced in items Section 8.8.7(e)(i) and(ii) shall be approved by the North Andover Police Chief. Section 8.8.7 as amended to read: Application information: The application for a special permit for an adult use establishment must include the following informa- tion: a) Name and address of the legal owner of the establish- ment,and of the legal owner of the property; b) Name and address of all persons having lawful equity or security interests in the establishment; c) Name and address of the manager; d) Number of employees; e) Proposed provisions for security within and without the establishment;these provisions must include and detail specifications for the following requirements: (i) Security personnel paid for by the establishment owner to remain inside the business during operat- ing hours of the establishment; (ii) Security personnel paid for by the establishment owner to patrol the parking lot. (iii)The security plans and personnel referenced in items Section 8.8.7(e) (i) and (ii) shall be approved by the North Andover Police Chief. f) The physical layout of the interior of the establishment. Or to take any other action relative thereto. Petition of the Planning Board Recommendations: Board of Selectmen:............To Be Made At Town Meeting Finance Committee: ............To Be Made At Town Meeting I have compressed my usual spacing in Article 44 so the whole Article fits in one column/page. Page 43 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 46. Amend Zoning Bylaw— Sign Bylaw. Article 47. Amend Zoning Bylaw Section 4.133 — To see if the Town will vote to amend Sections 6.6.8.2 and Allowed Uses - (Industrial 2 District). 6.6.G.1 of the Town of North Andover Zoning Bylaw; or to To see if the Town will vote to amend the allowed uses found take any other action relative thereto: in Section 4.133 (Industrial 2 District) of the North Andover Zoning Bylaw by removing the existing Subparagraph 9. Section 6.6.B.2 now reads: "One temporary unlighted real "Swimming and/or tennis clubs shall be permitted with a Spe- estate sign advertising the sale, rental or lease of the pre- cial Permit."And replacing it with the following: mises or subdivision on which it is erected to be not larger than six (6) square feet; requires no sign permit if the erect- 9. Recreational uses, including swimming club, tennis club, ing agent has obtained a one year permit for erecting such health club, indoor ice skating facility, and indoor/outdoor sign. Such sign to be removed fourteen (14) days after sale, athletic recreation facility by Special Permit. rental or lease. And in connection therewith to amend Table 1 (Summary of Section 6.6.B.2 as amended to read: "One (1) temporary Use Regulations) under the list of Permitted Uses for "Indoor unlighted real estate sign advertising the sale, rental or lease Skating Facility" by replacing under the 1-2 District column the of the premises or subdivision on which it is erected to be no note "N"with the note "SP"; larger than twelve (12) square feet. The Building Inspector shall allow a sign larger than twelve square feet if: or to take any other action relative thereto. a. The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed Petition of John T.Smolak and others for legibility purposes; b. The total area of the sign does not exceed 10% [ten Recommendations: percent] of the wall area it is to be located upon. Board of Selectmen: ............To Be Made At Town Meeting Such sign shall be removed fourteen (14) days after sale, Finance Committee:.............To Be Made At Town Meeting rental or lease." Section 6.6.G.1 now reads as follows: "Signs as permit- ted in residence districts, except that temporary real estate signs may be as large as twenty-five square feet." Section 6.6.G.1. as amended to read: "Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. The Build- ing Inspector shall allow a sign larger than twenty-five square feet if: a. The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; b. The total area of the sign does not exceed 10% [ten percent] of the wall area it is to be located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease." Petition of Mark H. Rees and others Recommendations: Board of Selectmen:...................................Favorable Action Finance Committee: ............To Be Made At Town Meeting Page 44 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Article 48. Amend Zoning Bylaw— Planned Resi- dent Development (PRD), Section 8.5.6.G — Calculation of Allowable Residential. To see if the Town will vote to amend Section 8.5.6.G of the Town of North Andover Zoning Bylaw by changing the phrase "number of buildable lots" to "number of buildable lots and/or dwelling units" in three (3) places, and within item 1., to change the referenced section of the "Rules and Regulations Governing the Subdivision of Land" from Section 3(b) to Sec- tion IV, in keeping with renumbering applied to those Rules and Regulations. Section 8.5.6.G would be amended to read as follows: G. Calculation of Allowable Residential Except as noted in Subsection H below, the maximum number of buildable lots and/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section IV of the "Rules and Regulations Governing the Subdivision of Land" in effect at the time of plan submittal; 2. is fully compliant with the "Zoning Bylaw" in effect at the time of the plan submittal; and 3. requires no zoning variances. The Planning Board will use this plan to determine the maxi- mum number of buildable lots and/or dwelling units allowed in a PRD. Petition of John Simons and others Recommendations: Board of Selectmen:...................................Favorable Action Finance Committee: ............To Be Made At Town Meeting Page 45 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 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. Given under our hands this fourteenth day of April in the year Two Thousand-Five. 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. NORTH ANDOVER BOARD OF SELECTMEN Rosemary Connelly Smedile Chairman Mark J.T. Caggiano Thomas Licciardello Donald B.Stewart James M. Xenakis NORTH ANDOVER, MASSACHUSETTS Joyce A.Bradshaw,Town Clerk Attest: A True Copy: It is very likely that a scanned picture of the signed page will replace this page later in the proof cycle. The Selectmen have not yet signed this page,so it's not available at this time. However,if for any reason they don't sign it by the end of the proof cycle,this is what will run. The scanned copy will fill the whole page. Don't fill this page with anything else,just leave it as it appears above. Page 46 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) t%ORTi4 Guidelines ,•q+ After receiving input from the community at large, the follow- 32 46 oL ing guidelines were used in developing this budget: o •Whenever possible, maintain reasonable pupil-teacher ra- tios in accordance with historical practices and educational research as it applies to the North Andover Public �0 Schools; AD047ED ,'vPg9 • Review the potential to relocate full-day and half-day kin- �SSACHU5 dergarten programs (swap buildings) to accommodate more parents who desire full-day kindergarten and to more fully utilize space in our schools; NORTH ANDOVER PUBLIC SCHOOLS • Provide equal educational opportunities for all students Preschool-Grade 12; Administration Offices • Maintain the Preschool, K, 1-5; 6-8; 9-12 grade configura- Harry K. Harutunian, Ph.D. 43 High Street tion, philosophy and structure; Superintendent North Andover, MA 01845 • Maintain a reasonable level of support services in all pro- Ronald H. Binkney, Ed.D. Telephone 978 794-1503 grams; Assistant Superintendent FAX 978 794-0231 • Fund curriculum initiatives to allow textbook adoptions and pilots to proceed with predictability; February 1, 2005 • Provide a clean, safe and healthy educational learning en- To: North Andover Community vironment in all schools. From: Daniel J. Murphy, Chairman, North Andover School Taken as a whole, the effect of these guidelines is to provide Committee essential levels of service to all North Andover Public School students. There is little room for unanticipated expenses such Topic: Adopted FY06 Budget as those associated with unexpected enrollment increases, additional special education placements, or overruns in utility This essential-service budget, for the most part, provides for costs. the maintenance of existing programs in the North Andover Public Schools. In approving this budget, we have been care- Minimal Budget Increases ful to make sure that this budget addresses: The $4,139,803 increase represents the amount of money • Goals and objectives of the North Andover Public Schools; that the North Andover School Department will need to cover • Federally mandated No Child Left Behind; increased expenses in salaries (which includes additional po- • State mandated Education Reform Act of 1993; sitions, columns, steps, stipends and a percentage increase); • Information that the Superintendent received through special education (which includes tuition and transportation community input; costs for 6 unanticipated out-of-district students), costs for • Increases in utilities and salaries; regular education transportation and utilities and anticipated • Realistic funding for students with special needs; enrollment increases. • Increases in transportation; Fixed Costs Dollar Increase % Increase • Budget adjustments that reflect enrollment increases at Salaries (including additional $2,327,000 10.81% the High School; positions, columns, steps, stipends& percentage increase) • Inflationary rate increase. Special Education $604,000 13.80%* Transportation $59,000 7.98% Our approved essential-service budget for 2005-2006 totals Utilities/Heat $462,000 22.66% $34,498,521, which represents an increase of $4,139,803 or Curriculum Initiatives $302,000 313.87% approximately 13.64% over the FY05 budget. The FY06 (new elementary mathematics program) budget reflects adjustments for student population movement Other(paper, supplies, etc.) $330,600 23.79% with a 321 student increase at the high school since 1999 and $4,084,600 an almost 90 student increase at the middle school since *Operational increase only 1999. The elementary schools have seen and continue to ex- perience changes in the demographics, which represent a Highlights decline over the past five years in elementary (K-5) enroll- Initially, budget requests received by building principals and ment (approximately 90 students), but pockets of increases at directors represented a significant increase for the FY06 selected schools and grade levels. The North Andover School budget with the largest request being in personnel. Our ap- Department has seen an increase in its preschool to 12 popu- proved budget represents a reduction of those requests for lation from 4,190 in 1999 to 4,534 projected for 2005-2006. new positions as well as non-operating expenses. The follow- This is an increase of 344 students since 1999, the largest ing positions are necessary to continue to deal with the over enrollment ever in the North Andover Public Schools. 320 students who have been added at the high school since 1999 and to put back the five teaching positions that were cut Page 47 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) in the FY04 budget. At the middle school, these positions priorities. Between the fall of 2003 and the fall of 2005, we represent a second year initiative at the 7th grade to add five project that the enrollment at North Andover High School will days per week French, Spanish and German classes and of- increase by almost 158 students. fer a remedial program to those students in need. It also calls Level FTE Description for the restoration of a full-time media specialist at the middle High School 1.0 *Guidance Counselor school, which was cut in the FY04 budget. This budget also High School .5 Guidance Counselor calls for a stipended leadership position at the middle school High School 1.0 *Mathematics Teacher for foreign language. At the elementary level, we continue to High School 1.0 English Teacher see a shift and increase in our primary classes in grades 1 High School 1.0 *Social Studies Teacher and 2 at the Franklin and Sargent Schools. It is imperative High School 1.0 Science Teacher that the district add two primary teachers to the budget to High School 1.0 Curriculum Coordinator keep grades 1 and 2 throughout the district at approximately High School 1.0 *Paraprofessional 22 students or less. The shift of population has not been sig- Middle School 1.0 *Media Specialist nificant enough to adjust staff from one elementary school to Middle School 1.0 *Spanish Teacher Grade 7 another. At the elementary level we plan to implement a K-5 Middle School 1.0 *French Teacher Grade 7 new mathematics initiative in all elementary classrooms. This Middle School .5 *German Teacher Grade 7 will require a full-time instructional specialist whose primary Middle School .5 *Remedial Teacher responsibility will be to oversee the implementation of this in- Middle School N/A *Foreign Language Coordinator itiative and train teachers in our new mathematics program Elementary 2.0 *Primary Teachers throughout the year. Another initiative for this district, which is a state requirement that North Andover has not implemented, Elementary 1.0 *Instructional Specialist and we are introducing for the second time, is a teacher men- tor program for new teachers. This program is mandated by District Wide N/A Teacher/Mentor Program the Commonwealth of Massachusetts and requires that every Special Education .5 Integrated Preschool Teacher new teacher entering the North Andover Public Schools be Special Education .5 Paraprofessional assigned a mentor teacher. Last year we introduced this in- Special Education .5 Paraprofessional itiative, but it was cut during the budget process. It is Special Education 1.0 Speech Assistant imperative that we implement a comprehensive mentor Special Education 1.0 Special Education Teacher 6-8 teacher program in the fall of 2005 in an attempt to attract, Special Education N/A Transportation Increase maintain and minimize turnover of teachers with less than Special Education N/A Private Day Tuition Increase three years experience. In the area of special education, we Special Education N/A Specialists Increase (medical/ are recommending an increase of over $700,000, which in- therapy) cludes unanticipated tuition and transportation and special Special Education N/A Public Day Tuition Decrease education positions. This budget also represents a reduction *These positions would be funded through the FY06 Potential of a senior administrative assistant position at the Central Of- New Budget Revenue listed above. fice. This is the second year in a row that the Central Administration has reduced administrative positions that do Further reductions to this proposed essential-service budget not provide direct services to students, but serve in a support will have some impact on the ability of the North Andover capacity. In addition, we will continue the paid bussing pro- Public Schools to implement all aspects of the Education gram for students 7-12, the paid bussing program K-5 less Reform Act of 1993 (State Mandate) and No Child Left Behind than two miles and the user fees for the athletic program. (Federal mandate), as well as moving forward the aggressive goals and objectives of the North Andover Public Schools. It is our intent to find new revenue sources, as we did last Given the staff and program reductions that have taken place year, which can help support our budget. We hope to gener- over the last few years, additional reductions would raise con- ate the following revenue: cerns and make it difficult to provide an adequate delivery of services. Any reductions in proposed staff, supplies and FY06 Potential New Budget Revenue equipment would have an adverse impact on our schools. Full Day Kindergarten $232,000 Community Programs $150,000 Whatever the budget outcome for FY06, we want to reassure Food Services $64,000 the North Andover community that North Andover Public Savings from Administrative Personnel $5,000 Schools is an outstanding school district. The school district Total Potential Revenue $451,000 has held a reputation of excellence brought forth by its stu- dents, staff and the community. Whatever the final allocation The following list highlights some staffing positions which are by the Town of North Andover, we, as a school district, will important in order for North Andover High School to continue provide a quality education to all students. We will work very to meet State mandated requirements for time and learning hard to be a more competitive school district, one that is rec- (990 hours), to handle the anticipated increase in student ognized as among the top school districts (top 10%) in enrollment, and for the school system to provide a quality Massachusetts. We are also committed to the process of ana- education in Preschool - Grade 12. In total, these new or res- lyzing how the town and schools can further collaborate to tored staff positions reflect an adjustment of the district provide the educational services that this community requires, and we must continue to examine all options. It's very important that the next page start with the bold header`Goals',and that none of the material on this page dribble over onto the next page! Do whatever squeezing you need to make that happen!! Paul (978)683-8966 The tables above are in WORD. Page 48 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) GOALS • Comparable Pay for Professional Staff — It is the firm In the spring of 2004,the North Andover School Committee, belief of the administrators that moving North Andover after a series of meetings and with a great deal of input, teachers' pay to the average of the 15 comparable towns drafted goals for the school department to achieve for June, will help attract and retain quality teachers and strong staff 2009. In June 2004,the School Committee accepted, in prin- for our school district. ciple,these goals and directed the Superintendent to meet . Mentors for Teachers and Administrators-A great deal with the administrative staff to discuss the implementation of of time is spent, in no consistent fashion, bringing new these goals. teachers and administrators up to speed, as quickly as possible, to provide high-quality learning and leadership in During the summer,the Superintendent held a two day retreat our schools. It is the firm belief of the Administrative with all administrators to discuss the School Committee goals. Council that the school department should continue its The administrators accepted these aggressive goals of the mentor/administrator program and, in the FY06 budget, a School Committee and indicated that the attached seven comprehensive mentor/teacher program as outlined in the items would be the backbone for achieving the goals. FY05 budget (eliminated due to budget reductions) should be promoted as a very important initiative. In October,2004, the School Committee voted unanimously . Reinforce and Develop Comprehensive Guidelines for to accept the goals and directed the Superintendent to update Instruction —We all believe that there needs to be conti- the Committee periodically on the status of achieving these nuity on homework policies and what homework should goals.The School Committee goals and a matrix chart(at- constitute. We believe all teachers, during the month of tached) showing the level of achievement that should be September, should be required to submit, in writing to reached each year will appear in the appendix pages of the each student and their parent/guardians, the way they will FY06 School Committee Recommended Budget. The seven grade and their expectations of each student (almost as a items that the administrators believe will be the backbone for contract between the student and the teacher). This will achieving the School Committee goals will appear with the put a great deal of continuity into the system and eliminate FY06 School Committee Recommended Budget. surprises. • Leadership — It is imperative that we build a strong lea- • Curriculum Program - Develop a Pre School through 12 dership team of principals, assistant principals and other Comprehensive Curriculum Program (vertically and hori- administrators in the North Andover Public Schools. It is zontally) with a 6-8 year renewal cycle for all learning the belief of the Superintendent, with strong endorsement areas. This will create continuity in curriculum across all from the Administrative Council that, after July 1, 2004, grade levels and across all subjects K-12. (Please find at- there is a comprehensive, strong leadership team in place. tached a draft curriculum implementation plan.) • Identify Outstanding Teachers - Through the improved • Professional Development - Develop a Pre School interview process, it is important to hire new staff in all through 12 real and meaningful ongoing professional de- areas K-12, teaching and non-teaching, who will promote velopment program that has a direct correlation to the goals and initiatives of the North Andover Public improving instruction and ongoing curriculum review. Schools. Principals/administrators agreed that hiring is the single most important function we have, and we need to This adopted FY06 budget includes staffing and program in- do an even better job in this area. creases that correlate with what the administration believes is necessary to achieve these goals. Goals and Linear Progress Targets •Achieve selected goals by school year 2008/09 •Achieve linear progress during intervening years MCAS I SAT % %4-Year Grade: 3 4 4 5 6 7 8 8 10 10 % Graduate College Reading English Math Sci&Tech Math English Math Sci&Tech Math Lang. Verbal Math Take H.S. Bound Starting Point 80 68 50 66 49 79 60 42 69 79 519 520 86 93.1 76.1 (02/03) Current Year 80 71 51 73 52 88 59 45 73 76 528 538 89 92.7 75.0 Goal 2004/05 81 70 54 68 53 81 62 46 72 80 527 530 88 93.7 77.7 20% Goal 2005/06 81 73 57 71 57 83 64 51 75 81 536 541 89 94.2 79.3 40% Goal 2006/07 82 75 61 73 62 85 66 55 79 82 544 551 91 94.8 80.9 60% Goal 2007/08 83 78 64 76 66 87 68 60 82 83 552 561 92 95.3 82.5 80% Goal 2008/09 83 80 68 78 70 89 70 64 85 84 561 571 94 96.0 84.1 The table above is in SchoolGoals20050404.xls Page 49 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Actual Annual Adopted Actual Annual Adopted Recommended Expenditures Budget Expenditures Budget Budget Detail Code FY2003 FTE FY2004 FTE FY2004 FTE FY2005 FTE FY2006 Budget Summary Administration A 994,298 9.80 825,711 10.30 904,567 10.50 843,026 9.50 853,581 Regular Day R 17,802,449 288.54 17,688,544 289.04 17,539,287 274.28 16,813,739 282.58 19,377,723 Special Needs* S 6,858,599 121.60 7,622,523 125.20 7,464,147 129.60 8,653,829 133.10 9,621,434 Other School Services 0 989,445 23.76 880,202 23.76 882,579 23.20 880,821 23.20 928,209 Custodial/Maintenance C 2,972,252 29.65 3,156,073 32.15 3,373,754 26.15 3,167,302 27.15 3,717,574 Totals 29,617,043 473.35 30,173,053 480.45 30,164,334 463.73 30,358,717 475.53 34,498,521 A_ Administration Salaries&Wages AB 566,016 9.80 601,840 10.30 682,936 10.50 672,821 9.50 638,501 Expenses: Administration AC 417,629 217,871 212,559 159,605 212,080 Professional Development 6080 10,653 6,000 9,072 10,600 3,000 Subtotal Expenses 428,282 223,871 221,631 170,205 215,080 Totals 994.298 9.80 825.711 10.30 904.567 10.50 843.026 9.50 853.581 AB Administration,Salari es&Wages Administration 245,147 1.90 254,557 1.90 304,586 1.90 246,882 1.90 256,757 Clerical 310,469 7.90 336,683 8.40 368,217 8.60 415,539 7.60 371,344 School Committee 10,400 10,600 10,133 10,400 10,400 Totals 566.016 9.80 601.840 10.30 682.936 10.50 672.821 9.50 638.501 AC Administration,Expenses Contracted Services 4019 38,088 40,300 16,727 28,518 23,700 Copiers 4096 10,406 10,000 26,734 10,000 18,500 Copier Supplies 5020 172 500 1,075 500 500 New Equipment 5052 32,298 1,500 8,009 2,500 5,500 Newsletter 5053 - 4,000 - - - Postage 5062 32,986 15,000 13,833 8,800 16,500 School Committee Exp 5073 1,130 1,500 4,950 1,500 1,500 Software 5076 6,696 2,484 2,003 2,000 5,300 Materials&Supplies 5086 11,286 9,347 28,019 9,097 17,500 Technology Equipment 5152 - 3,000 3,700 3,000 4,000 Technology Replacement Equip 5171 18,355 12,000 - 10,000 17,000 Activities 6001 746 1,100 494 - - Advertising 6002 37,218 47,000 68,739 30,000 40,000 Census 6009 3,000 3,000 3,000 3,000 3,000 Conferences&Meetings 6016 7,674 6,000 1,856 3,500 3,000 Repairs Adm.Equipment 6024 33 2,400 1,066 2,400 3,400 Health Exams 5026 - - 170 800 800 Legal Services 5044 179,439 23,000 8,987 9,000 9,000 Memberships,Publications 5047 9,306 8,800 9,328 9,900 10,800 Printing 5063 9,251 7,000 8,718 7,000 10,000 Prof Publications 5066 194 1,850 537 - 500 Local Travel 5092 3,240 3,090 3,240 3,090 1,580 Publications 5100 16,111 - - - - Networking 6101 - 15,000 619 15,000 20,000 Principal Search 5102 - - 755 - - Totals 417.629 217.871 212.559 159.605 212.080 How to Read the School Line Item Budget The budget on these pages is in an outline format. The top `Budget Summary' table is the total School Department budget broken into five categories, with totals for each category. Each of the five categories is further detailed in the tables that follow. To find the details for the `Administration' line,the line marked `A' in the Detail column, look down to find the bold `A' below. That detail is the table immediately following the Budget Summary. In that `Administration' table, Administration costs are broken down into three further pieces. Two of those components, marked `AB' and `AC' in the Detail column, are further broken down in the tables that follow the Administration table. Table AC is the lowest level information given for Administration Expenses. Each of those lines includes a `Code' value. Those codes are the bookkeeping codes that are used to identify types of School Department expenditures, and connect this budget in- formation to the payment of individual invoices and expenses. The columns of the budget are as labeled.As Fiscal Year 2005 will not be completed until the end of June,those Actual figures are not yet available. Here is the school budget. The originals are in the excel file SchoolBudgetCindy20050405.xls. Above is a composite picture of how the first page should look. There are a total of 7 pages of the budget,but the first page is the only one with other stuff on it(the rest are just the excel pages). In what follows I've left blank pages but you can fill them in from the excel file. Important: Make the pagination the way it is in the excel file. Paul(978)683-8966 Page 50 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 2. school budget Page 51 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 3. school budget Page 52 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 4. school budget Page 53 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 5. school budget Page 54 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 6. school budget Page 55 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) 7. school budget Page 56 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) School Department Special Revenue sources, and FY05 Positions funded from those revenues School Department Special Revenue Funds Thefollowing positions,funded through grants or revolving accounts,are included in the 2004-2005 personnel figures but are not part of the School Department line item General Fund budget. Actual Projected Projected Fund FTE Position School Revenue Revenue Revenue SBC 0.50 School Building Committee Secretary Central Office Fund FY2004 FY2005 FY2006 11 Department Heads (4),Stipends Middle Federal Grants $ $ $ 11 1.00 Teacher Franklin "TitleVformerlwVI 11,402 9,024 9,024 11 3.80 Teachers Hiqh 60161 Special Education 94-143&Early Childhd 756,094 905,100 905,100 11 1.00 Teacher Atkinson Special Education Prof.Development 36,980 23,190 23,190 11 1.00 Teacher Middle 32 **Safe&Drug Free Schools 16,511 15,431 15,431 11 1.00 Teacher Franklin 34 "Teacher Quality 86,458 82,399 82,399 11 1.00 Custodian System 70 "Title 1 Distribution 154,469 132,975 132,975 13 1.50 Sped Assistants Middle "Technology Enhancement 7,213 5,704 5,704 13 0.40 Guidance Counselor Franklin Mental Health Support 4,000 4,000 13 0.50 Sped Teacher Bradstreet ECC State Grants 13 1.00 Nurse Franklin Academic Support Service Program 39,600 8,838 8,838 13(4.5) 5.00 Full-Day Kindergarten Teachers Atkinson 30 Kindergarten Enhancement 45,767 73,735 73,735 30(0.5) Other Grants 13(0.4) 3.00 Kindergarten Aides Atkinson 80 Health Grant-DOH 53,629 58,611 58,611 30(2.6) Subtotal Grants 1,208,123 1,319,007 1,319,007 32 0.06 Phys.Ed.Department Head High 32 0.21 Phys.Ed.Teacher High **No Child Left Behind 34 1.20 Lead Literacy Teachers Elementary 70 0.50 Reading Teacher Thomson State Reimbursement 70 1.00 Reading Teacher Kittredge Special Education Circuit Breaker 15,956 630,448 693,493 70 0.50 Reading Teacher Atkinson 8o 0.40 Nurse Middle Revolving Funds 8o 0.60 Nurse High 50 Lunch Program 1,141,573 1,180,824 1,224,649 60 2.00 Sped Teachers Middle Athletics 227,579 248,560 250,000 60 1.00 Sped Teacher Atkinson 11 Community Schools 729,287 461,400 475,242 60 1.00 Sped Teacher Franklin 13 Preschool/Kindergarten 388,709 441,500 441,500 60 1.00 Sped Teacher Thomson User Facility of Property 63,774 83,000 83,000 60 1.00 Sped Department Head High Donations 23,289 11,000 11,000 60 1.00 Sped Department Head Middle Drama Activities 15,927 22,000 22,000 60 0.80 Sped Department Head Elementary Adult Education 0 0 0 60 2.00 Elementary Team Leaders Elementary Transportation 208,070 202,010 205,000 60 1.00 Speech Therapist Bradstreet ECC Insurance Recovery 91,449 0 0 60 1.00 Speech Assistant Franklin Subtotal Revolving Funds 2,889,657 2,650,294 2,712,391 60 1.00 Speech Assistant Sargent 60 4.00 Sped Assistants Middle Grand Total Special Revenues 4,113,736 4,599,749 4,724,891 60 2.00 Sped Assistants Atkinson 61 0.80 Sped Assistant,Pre School Franklin 50 1.00 Custodian High 50 1.00 Noon Attendants Elementary 46.77 $1,870,299 50 28.00 School Lunch $600,075 uuuuv�u�w iw ireruiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiai� uuuuv�u�w iw ireruiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiai The spreadsheet with the above tables is the`Both'tab in SchoolSpecialRevenueFunds2005O4O5.xls. Page 57 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) Finance Committee Public Hearing On March 17, 2005, the Finance Committee, pursuant to the North Andover Town Charter, conducted a public hearing on the Town Manager's proposed FY2006 Operating and Capital Budgets. Chairman Watkins reviewed the budget process, revenue es- timates, special revenues, and the proposed budgets. Substantive public comments concerning the proposed budgets can be summarized as follows: 1. NESWC Funds — there was discussion concerning the utilization of $400,000 anticipated to be received by the Town from NESWC trash contract per ton fee reductions. The Town Manager explained that those funds had been allocated to municipal de- partments within the general fund operating budget. A resident questioned why those funds were not allocated to the overall revenue stream and a portion dedicated to education. The town manager responded that the past practice has been for the school department to keep in their budget operational savings that have accrued to them and for municipal budgets to do the same. He also explained that when the trash disposal costs were increasing in prior years,the municipal budgets had to absorb those costs. 2. Council on Aging — a resident requested that the Finance Committee recommend an $11,000 increase to the Elder Services budget to fund an outreach worker. Although the Board of Selectmen voted the increase, the Finance Committee has not yet de- bated the issue. 3. Snow&Ice Budget—the Town Manager updated the Finance Committee concerning the deficit to the FY05 snow & ice budg- et. As of March 17th, the deficit was approximately$800,000. The Finance Committee has voted to recommend that the snow& ice removal expense line item for FY06 be increased to $685,530. Page 58 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) db plau S C Containers morPRI I ycl ingisymi-ol 3 P MA Oft 6,w �YnrY rml sr�N�^wya jp, Fatlr� 9 cm,%ilyiYoI jfleYwIH .,ArkyI'viperlinNMI( ..p1:11wUNTV 1 kw"prpei"S with 'itts its °rfIVUE'S'blrn •C �Wpst ir'aoewili anal NkPoI iciiR N 1 3WINOh ,nes 3u A Mall ....,Y, � . Ir I � . It ...... JJ 011411� y MRN Palwrback books jol,alwr bags for helping IoI th Andover 1311it 9MM111ITI m No Contaminated Papier ;i//////°� Nol PIal Bags / n,d save mione ' j 1�I� „ /4r. // V-,vJM�+✓•IA I NY 1#frMHl";YY,fiYIU T I uLL1�yy Yo lam. "lyrTk No r A1'11rttiIlllurn fior fur,ther°,details". 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Pk�i����wl�Il�w,rrnrNa!wr ra�W�FMF"„� Page 59 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) This page conveniently left nearly blank for your notes. No trees were wasted in doing so, this book comes in units of 4 pages. "When Paedaretus was not chosen to be one of the Three Hundred, an honor which ranked highest in the State, he departed cheerful and smiling,with the remark that he was glad if the State possessed three hundred citizens who were better than himself." Plutarch,Sayings ofKings and Commanders [Moralia19IF] Page 60 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) FY06 General Fund Revenue Projections (as of April 2, 2005; see page 4 for further information.) FY06 General Fund FY2004 FY2005 FY2006 FY2006 Projected Revenue Projections Actual Budget Projected -FY2005 Budget Property Taxes Base Levy from prior year 42,071,273 42,071,273 2 112%increment Not 1,051,782 1,051,782 Levy from New Growth After Levy 650,000 650,000 Debt Exclusions net of reimbursements 3,662,812 3,662,812 Subtotal Property Tax 44,409,417 45,816,708 47,435,867 47,435,867 Roll Back Tax 0 0 0 0 Tax Title 228,941 Not for budgets orprojections Subtotal Property Taxes 44,638,358 45,816,708 47,435,867 47,435,867 4% Local Receipts Motor Vehicle Excise 3,549,756 3,731,674 3,825,000 93,326 3% Hotel Room Tax 7,781 0 0 0 Jet Fuel 9,269 8,000 12,000 4,000 50% Penalty/Interest on Prop.Tax 127,027 105,575 105,000 -575 _1% Penalty/Interest on Tax Title 99,994 140,000 100,000 -40,000 -29% Over/Under 317 0 0 0 Lien Certificates 47,160 45,000 45,000 0 0% Treasurer Demand Fee 1,225 1,200 1,200 0 0% Other Payment in Lieu of Taxes 30,213 29,900 29,900 0 0% Host Community Per Ton 1,156,050 1,256,000 1,270,000 14,000 1% Host Community Annual 0 0 125,000 125,000 Ambulance Service 559,772 610,000 635,000 25,000 4% Fees Clerk Application Fees 507 0 0 0 Clerk Violation Fees 5,700 0 0 0 Cable Fees 0 0 2,600 2,600 Clerk Dog Licenses 16,540 17,391 30,000 12,609 73% Town Clerk Fees 22,891 22,000 27,000 5,000 23% Passports 10,710 8,000 12,000 4,000 50% Conservation Fees 1,749 2,000 11500 -500 -25% Planning Board Filing Fees 19,689 25,350 20,000 -5,350 -21% Police Fees 3,027 2,000 3,000 1,000 50% Building Inspection Fees 766,396 690,000 625,000 -65,000 -9% Plumbing Inspection Fees 80,235 63,000 57,000 -6,000 -10% Electrical Inspection Fees 110,957 100,000 91,000 -9,000 -9% Recycling Fees 39,068 58,000 50,000 -8,000 -14% Weights&Measures 1,711 4,000 4,000 0 0% Health Department Fees 28,334 58,000 58,000 0 0% School Revenue School Dept. Rentals 17,575 0 0 0 Medicaid Reimbursement 42,614 70,000 70,000 0 0% School Dept. Miscellaneous 58,296 0 0 0 Library Revenue Library Fines 8,939 7,200 9,000 1,800 25% Other Receipts Bathing Beach Receipts 26,566 40,000 27,000 -13,000 -33% Misc. Dept.Revenue 1 7,567 0 100 100 Assessor Dept. Revenue 3,278 1,500 2,500 1,000 67% Appeals Board Receipts 2,868 33,000 33,000 0 0% DPW Misc Receipts 400 0 0 0 Police 10%Admin. Fee 26,482 30,000 31,000 1,000 3% Police Misc. Revenue 316 500 500 0 0% Fire Misc.Revenue 0 0 500 500 Fire Alarm Box Permit Fees 20,200 0 20,000 20,000 Cell Tower Lease 46,484 55,200 69,356 14,156 26% Other Revenue Building Dept. 0 0 0 0 Civil Defense Misc. Revenue 6,985 2,000 2,000 0 0% Veterans Benefits Receipts; Boxford Reimbursement 0 12,895 13,500 605 5% Rent: Credit Union 0 0 2,400 2,400 Rent:Thrift Shop 0 0 3,000 3,000 (continued) Actual info in Revenues4Book in FY06Budget4Book.xls for both this and next page. was the first of the second set of pages I submitted on Monday. I noticed that the picture on this page was slightly out-of-date,but the spreadsheet accompanying it was AOK. Anyway,just check carefully that it looks like this. The spreadsheet accompanying this Wednesday submission is the best source,but it should look like this ... Just check carefully(as I'm sure you do). Look for the `continued' at the bottom of this page ... Page 61 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) FY06 General Fund Revenue Projections -continued FY06 General Fund FY2004 FY2005 FY2006 FY2006 Projected Revenue Projections Actual Budget Projected -FY2005 Budget Local Receipts(continued) Licenses/Permits Liquor License 68,600 80,000 75,000 -5,000 -6% Other Alcohol License 4,110 3,600 4,000 400 11% Food License 1,850 2,000 2,000 0 0% Miscellaneous Licenses 8,800 0 8,000 8,000 License to Carry Firearms 6,408 6,000 3,500 -2,500 -42% Fire Permits 40,591 40,000 40,000 0 0% Health Permits 7,375 15,500 11,000 -4,500 -29% Gas Permits 19,265 15,000 14,000 -1,000 -7% Fishing&Boating License 2,865 1,000 2,000 1,000 100% Fines/Forfeits Parking Fines 8,510 13,000 10,000 -3,000 -23% Court Fines 81,731 109,000 92,000 -17,000 -16% False Alarm Fine 1,050 5,000 5,000 0 0% Interest-General 415,705 410,000 350,000 -60,000 -15% Recycling Incentive 2,824 0 0 0 General 21,192 0 0 0 Host Community Fee 50,000 0 0 0 Special Ed Circuit Breaker Aid 129,481 0 0 0 Subtotal Local Receipts 7,835,005 7,929,485 8,029,556 100,071 1% Interfund Operating Transfers Transfer from Special Revenue 238,723 0 0 0 Transfer from Police Grant 81,292 0 0 0 Transfer from Stabilization Fund 0 0 0 0 Transfer from Surplus Overlay 300,000 0 0 0 Trash Fee Stabilization Fund 0 747,180 9,008 -738,172 -99% Indirect Cost Reimbursements Transfer from Stevens Estate Enterprise 91,900 85,959 63,728 -22,231 -26% Transfer from Sewer Enterprise 198,500 209,488 235,261 25,773 12% Transfer from Water Enterprise 437,000 601,277 499,467 -101,810 -17% Subtotal Interfund Operatin g Tran sfers 3,593,349 3,646,040 2,688,920 -957,120 -26% Intergovernmental-State Aid-'Cherry Sheet' Exemptions:Vets, Blind&Surviving Spouse 36,901 36,901 35,819 -1,082 -3% Exemptions: Elderly 38,654 38,654 35,642 -3,012 -8% Veterans' Benefits 38,541 49,941 36,233 -13,708 -27% Police Career Incentive 146,357 160,129 157,071 -3,058 -2% Additional Assistance 120,549 120,549 120,549 0 0% Lottery, Beano&Charity Games 1,635,892 1,635,892 1,924,251 288,359 18% Extended Polling Hours 1,824 0 0 0 One Time Municipal Relief Aid 0 201,467 0 -201,467 -100% State Owned Land 144,559 226,197 273,042 46,845 21% Chapter 70 3,911,440 3,911,440 3,911,440 0 0% Charter School Capital Facility Reimbursement 3,163 1,484 1,640 156 11% School Transportation 255,458 0 0 0 Tuition of State Wards 0 4,640 0 -4,640 -100% Charter Tuition Assessment Reimbursement 0 0 17,278 17,278 School Construction 2,098,918 2,120,119 1,924,716 -195,403 -9% Subtotal lntergovemmental 8,432,256 8,507,413 8,437,681 -69,732 -1% Miscellaneous Revenue NESWC Dissolution 400,000 400,000 Bond Premium 490,970 440,000 400,000 -40,000 -9% Transfer from Free Cash 1,427,386 1,250,381 1,487,260 236,879 19% Subtotal Miscellaneous Revenue 1,918,356 1,690,381 2,287,260 596,879 35% General Fund Total 64,171,390 65,587,891 66,997,828 1,409,937 2°k Dollar Change versus Prior Year 3,251,695 1,416,501 1,409,937 Percent Change 5.3% 2.2% 2.1% These'projection s are'current as ofa/2120175,wheih thl'puplication'wentto press,and are subject td change as new informationt becomes available. Page 62 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Message From Town Clerk Joyce A. Bradshaw Passports This is a busy year for the Office of the Town Clerk. The North Andover Town Clerk's Office is a Passport Agency. If you need a new passport or need to renew a child's passport, we can help. We are located at 120 Main Street in downtown North • Remember to notify us when you change your address. If Andover. Please check our web site at you are leaving North Andover we can remove you from www.townofnorthandover.com and look for the U.S. Department of the census and voter rolls. State link where application forms are available with instructions. You can give us a call at (978)688-9501 and we can tell you what • Please verify your voting status. Absentee ballots are you need to bring! Passports usually take six weeks so if you have available for all elections. Students away at school and travel plans check with us. Passports are also an excellent source people who are unable to get to the polls can apply. We of identification. Travel regulations have changed so please be cer- encourage early application to avoid last minute delays. tain to verify what documents you need for leaving the country. • Keeping our census current and up to date will assist you Web Page And Municipal Calendar in proof of residence. You can call us at any time to verify Our Municipal Calendar is available online at the Town web site at: your information. www.townofnorthandover.com. All public meetings and events are listed there, with contact and agenda information. We are always • If you need voter registration forms or absentee ballot re- looking for enhancements to our web site or additions to our Calen- quests, we can mail them to you. dar. Town Meeting updates will be posted there with the latest information. Check-in at Town Meeting is done by precincts. Please call my of- fice if you are uncertain as to what your precinct is. Guides will be We appreciate your participation in our Annual Town Meeting at our available to assist you find the right table. Please contact my office beautiful new High School. If have any requests or need any spe- if you have any special requests or accommodations. cial assistance, please call us at(978)688-9501. r p I p ,,.,�i1✓mar"";„ �rFOl9 iii/%i/r/ra(�LINr�l�%i ir�rF a ri////iI�//fr;�r4u� ✓r/;II�R�� �,���I�>!h"rHJ�)��li�a� �`1�'�li� ����w ����'h'�1�Y"�uld/ �Yiv�� r� �1�/DiF r� /��✓", / „,,,?ioi,r„ �,",i-! i/ ;✓.Ge i��a, i /ii/a//J/r j �' .. / ll�+H, ... i/�/%ll lJ f I/G! //%y, (1�i f�'7nii��i��llJy��H�f(N(�f�l� (((itf�%f�Aldllli�l l�(!l/�G�OVFn'l Wll/nk��n(/�/�lli(('�N /lN�i✓�ie rile«�0��imn�r����ii�ii�rrir�iG°��//r,/////%l//%�/ii�%%�!�G1/r/%%%/lf�%�����Df��/%/�/iii/�i������/�/il� The above picture has been through a lot. There were newspaper stands and No Parking Signs and telephone wires and all kinds of junk in the way. The resultant picture is in`Town Hall 20050315 20Pe.jpg' and above. You can see I tried to get`Passports'down a bit below Joyce's name. Page 63 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover Citizens With Disabilities The Town of North Andover wishes to take those steps that are ne- cessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or services identified in the "Americans With Disabilities Act" in order to participate at Town Meeting, please contact the Town Clerk's Office at (978) 688-9502 All citizens of North Andover are urged to attend Town Meeting. Anyone needing assistance to attend, please contact the Town Clerk's office at (978) 688-9502 to inquire about available services. The Annual Town Meeting will be held at the North Andover High School starting at 7PM on May 9, 2005. Please plan to arrive a few moments early and follow parking di- rections. Directions to the High School: From Town Hall, 120 Main Street, downtown North Andover, take Main Street southeast, past the Stevens Library and past the Middle School on the right (Sal's Pizza on the left). Cross Rt. 125-133 (Chickering Road), to the Police Station on the left (1 mile from Town Hall); Turn hard left around the Soldier Statue onto Osgood Street, and proceed past the North Andover Public Works; Turn left into the High School driveway (1/2 mile from Police Station). Cfi IbS I.Ib A{V Il(ll Nk - /�� IIII tI SC:CCI)IDL rull(III IIII �'�IPI ild��V „u f , The original of the above picture is in HSEntrance 17.jpg. Page 64 of 64(but our printed/referenced page#s will be 2 less than that(we don't count the outside or inside front cover) /„ r r 1l it / x, 11 ain S (feet North Andover All citizens of North� And assachusetts 01845 at ' N ! wn Meetn needin „ // /l// ,,,, //� ors%�/ i, r„ �/ //a>/%i ��✓ii, ■ i/N;,,,; ¢, /� l O/, ✓/✓�/�/'////��i;, %%✓ r��//�/�iii�i/iiii////%/��%/,„ ,,,/� ,/////" it„/r�.. r/,�,;i/i� , /rrnation in ��/ ,,,r. „ , �� d �% //%ii backo erpage. is ell �/(/%,y/i„ ,, r✓%//// I/III/ G II������� uum! � �� „......r. ..,o4117UY':ii!1}Virr!,"i°yY,''� tiLV J11r11171i1%iPhfl1171nY1i111N71„ If911@i11Gi)mW1YUWNYINIViri,Yli wu �� 6//i�//�/r�i��ri �}N�'YIN'ai➢�Nf�'tHi"JUJ�NV,+h)vJy 4/l;N�:'r'7 � ���� ',t ,,,,,. ,j� „r,�,r,ryurnrrr rrrwm yq' /�� /ha NN,lYl�i/hMH ����IV� 11 r�ynHMw�yM�„quuaWnrtimM1mmammir'�'L0�@?Ir�u4�ouu'�A®u��oml�l N�IODUNM1Y'��uuWUlr4m'Y?H llrin�''.Irt11�4��li�IIII WI011110.�II�0111111 VIIIIIIII IWI®��,.w,_,_;ry, .,,;.,.',,, ' IOIplff 111111111 l l!I rl'NkWW' r r � i 111 ��r � lU�,�,rN(f,rr4�r�,�iatierrra a✓a�� ,,,.. ������� i „ Parking at the High School is anticipated to be adequate for Town Meeting. Please plan top arrive a few moments early and follow parking directions. %IpI,Cy7i J°�D�7�1iN�YI r r (r r i,, P ( " �iI a!li N k //.,, / ... I ,!r ri / ����1��✓ rpk rye �}” , '(^ � *"�iaN �"�`:� �; � N 2005 I yy 1P �� ���l/:✓�9� �d/,° 8 7 mv' ��r r MI'" p„' r � ����� � p� ✓, " r+u i ,rJ" �' i, �•r, „y r ➢tl!� ;mow �� l ?rye wx^a, `!� �'`19�r r ar 6 r } N " oVer H i o7© / / / ✓„ I „�, 'N„�;, �, ,; � f�� ?, � }l a' � ~� ✓ wv �w 1, ��✓i�,: if;:�( ��rF:r,F��/r /✓� /.::� //✓,/!i%y� /, r',, `'�>i , l� ,,: ,. 'Y�. ' ,�,: ,,✓,,, u", '� "P ✓: r/,rrr r}�/� %lir",'^;YM � � �. ryr�/�."; /Jr�,s. i,w, r� fplil e ,///}` `N. /�1 ,77:'� � .� !rii ✓ ';r rJr °r/ ,ru / p��� ,� ; %,, r„ ^ `� �,I /',' II i,; r r,✓g �, mr �N� ���✓fl Y��l�,p� � WW/rtG��!(OMfcI�� � v/1»// r% �S�.y. � k'��MJ I•f" j rn�, iA, 5'c, N r �9 +•" r �/r ��,,: au/ �r'i”^, rr /i ";,� a �%/��h " �,�,M p �, �✓ r0 �c rril f "' r ��/�� r 9pr/%�, "r r �/J r •,,,/ '7 riP� �fl r� � i ,/' �Ni ti m I� ,n � � I �r/ r h� / a �✓ aw �� / / �✓ � VN ��(;.' �� ��r a�` '� ,,,,,� ,; ,' Jr�+ /✓a/1tJ'G �/�r %�%//�/ rr�„ r�� ,lN v� r q12„fir �✓t ,w r�' �°✓ l rr�h”"„ JAr��7/',��.;;�'i; ru %: % �� ii � I 1, °1' ��`N��;A�'�/�`'L ✓"N h d ",�wig' // / / 9 ln;.. s; r l„ ! �� ri I� �� ✓;'. � f".lil l ,N ,` I. , V1 , p, � v G� �ll' N�r 1 r / u ( �`✓��/ .r"? A,r4 w I 1W" y,„,�✓. //% __, �; '� ,r j y 'Ci%U ✓ III )�1111111".v .^,^p /' i"jN�„,r , !IU ; ;, ,ar""' ..._. .. ��A� ��/j!j'�.}. „�iii; w" '.�� ��,� ,N �(e ✓r rN, 'x a '"""yY,,,. Jp r „I p(6%I, ,'�` %i/j�mr✓ r i 1 I "l p' r u" �r f .,Yf u , ",,.. � � ,� ��%ri /'. dw1%ih .� I�ls�� ✓.+.:: 111111 � i7lf �,,.1J,." Jvo," �e i ;.�". ., ,' f,� ,,,0'✓&�, / � ;/ .fF_„ �Ul'., I f�„I.r%,.�;,' o, I ,,,',. ;. „B;<,,.:. ,I�,r �.+ } `?r ✓ 4;?” i�l %, III ! P 1 u �w u ': I ��� i III��I IIII /�✓ "✓�e �,il, l �����I n �i N'.d r�,l/1 r lye e J/+ „��,r.,T/ � /,W-�-.�°.,��;,, ..,.,.,..�. r n-- q,7^*' ri'I� �u>l� r',,/�/�r r/ � /r�///lG%%%l"y ✓ / / �� �0 r�rdGw',�n. �. / ""NO 07 NY/` ,� � Nr, �k �u%.!I}r r ,w.w � ,ir� ,Nlw✓�""�"�i r; �`-�du,(,��;'";"�r�((//6 r pi 'dG�N^^ �anN;yid J uu�w r�^�;;+�a�;�i w x s� I n ,r .w lrJy tiro r� �, z �.'� i ,NN1 rr s, �11 r ert Brt" hi s . t ) w ,a or � I don't have a better copy of the top picture. If it's not good enough,let me know and I'll get one. The bottom picture is in Back cover of Warrant book,map of HS for Town Meeting4.jpg,except you'll notice a little white fig leaf over the `Gym' which shows in the base pictures. If you can make the lettering show better on top of the pictures,that would be nice.