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Home My WebLink Aboutjoyce TEST-APRIL14-DAVE FINAL PROOF TO PRINTER- CL AND JAB VERSION (2) „)WN 011” NoRl'i i ANDOV "Al, MASSAC 1,1t J!'S' E''d 1, I i . "°� m �IIIII III�� III �IIIII .'�IIIII 1III1 1. �IIIIC III��IIIII . tAORTH Q o O y ' OAK T � COCMICHOWICK SS AC HUSH `1 AJ ESDAY MAY 1, 19 20 10 M NOR"I'll ANDOVEAt HIGH ('11001, Ple-rise Brinl-ly This Booklet With You! ��Il��ii�llimii�nviillll �ui�o�`minirni�viillii�min ��ui vi I(ll �.uu lllf 11�aui :�^ „ l �r�uilo vil� „vi lruo Maui vil� II ^vi M . virus�„ 1 Citizens with Disabilities The Town of North Andover wishes to take those steps that are necessary 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. Thank-you! Voters will be checking in by last name. You will be given a Town Meeting Voting card and need this be able to vote. You would have had to be registered to vote by Wednesday, April 21, 2010. You may call the Town Clerk's Office at (978)688-9502 to verify voter status or request a voter registration form. Non voters must sign in, display a non-voter pin and be in a designated section. If you require handicapped parking access or need special parking accommodations please call the Town Clerk's Office for special arrangements. We will make any arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to call us at (978)688-9502. 2 pf NORTH q *4 0 #IF 'SSacNUS�� ANNUAL FINANCE COMMITTEE REPORT TO VOTERS "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." To the Voters of North Andover: Introduction Since the last Town Meeting, our Town management has been executing on the direction given by our boards and the Town Manager, with the budget that YOU, our citizens, approved. The Finance Committee asks that you carefully review this Warrant book for important information that will prepare you for this year's Town Meeting, scheduled for Tuesday, May 11th, 2010. This report will focus on our current financial status, and look forward to what our Town can do over the next year. While it is true that our economy has had an impact on our budget, we are still presented with challenges and opportunities that will improve our Town. As a primer to this Warrant Book, our report will provide some context so that you can better understand our budget this year and issues you will be asked to vote on. How is our Town Government Doing? Our proposed expenses continue to outpace our revenues. Here are some of the items that changed per the findings of the Revenue & Fixed Cost Committee (RFCC)*i, the initial town proposal*2, and the initial school proposal*3: Prop 2 '/z+New Growth revenue" $1,839,237 or 3.4%increase Local Receipts revenue" $262,591 or 3.0%increase State Aid revenue" $698,050 or 9.63% increase No Free Cash*1 $0 Town Departmental Expenses*2 $1,208,673 or 7.86% increase School Departmental Expenses*3 $1,497,227 or 4.1% increase Non Departmental Expenses" $1,587,193 or 7.41%increase Overall Starting Deficit (from requests) 1.442.606 3 So, we started over $1.4 million in spending requests beyond our revenue estimates, the cost of running the town has increased even though the departments have not proposed to expand Town services. This sounds better than last year on the Revenue side, so are we out of the woods? No. The proposed increase in State Aid over FY10 is not guaranteed, since the State has not finalized their budget. We could see aid decline, as we get closer to the end of the fiscal year. Here are some examples of items that make up the dynamics of this year's budget. • Zero salary increases of base pay have helped, however contract salaries for employees eligible for Step (seniority) increases and Column (education) increases continue to drive up overall labor costs. • $0 increase in Capital Improvement Plan (CIP) in FY10. This means that no new debt payments impact the FYI budget, however we need to continue to invest in our infrastructure so we have new CIP proposals for FYI 1, which will impact the FY12 debt service line. • $1.74 million infused in FY11 from the FY08 override provided additional funds as opposed to no override. • Standard and Poor's has issued North Andover a warning that we could be subject to a bond rating downgrade if our reserves continue to be at their current low levels (2.8% of budget). Rating agencies look for unreserved fund balances in the 5%to 10% of total budget range. How has Stimulus monies helped? There are two segments of stimulus funds. ARRA funds for schools distributed via the existing Title 1 grant structure. These funds ($644,000 per year for FY10 and FYI I) maintained 5 teaching positions and to implement a reading program targeted at Title 1 schools for additional reading and math assistance. The second segment of stimulus funds has been used as follows: $122,000.00 Goes to the Stabilization fund per FYI memorandum of understanding $244,000.00 Goes to cover direct reductions in state aid to the town $663,000.00 Available for use in FYI and FYI $1,029,000.00 Total over two years Stimulus fund cautions These are one time monies used to help us through a crushing recession. They will not be available in FY12. What has the Finance Committee done to help the Town this year? The Finance Committee has worked to fulfill all of our normal duties. Our function is to review and recommend actions to Town Meeting, our town's legislative body. We review all financial matters of significance and recommend to Town Meeting various courses of action. We are not a policy making board. Here is a listing of our more significant work for you: 4 • School Budget Standard Format The adoption of a standard format for generating the proposed School Budget allows easier year by year comparisons and the use of a standard document that can be more easily understood by the Finance Committee in future years. This format was started last year and has been of significant help in evaluating school budgets. • Monitor Revenue Estimates Adjust the amounts set forth in the Revenue and Fixed Cost Committee Report due to updated year-to-date figures and other information. • Recommendations on Warrant Articles The adoption of numerous motions that pertain to the recommendation of warrant articles as presented at Town Meeting. • Capital Improvement Plan (CIP) proposals The Finance Committee encouraged the IT Director to rebid the technology CIP item which resulted in dropping the proposal from $1.1MM to $863,000 with no loss in functionality, a savings to the town of$285,000. In addition, the Committee's questions discovered unspent sewer project funds from a prior project that are here proposed to be transferred to the Sutton St. Sewer proposal, preventing $495,000 in new borrowing. How does our budget look for FY2011 and thereafter? Almost all of our town employees will go without raises for two years, many for three years. We recognize how hard this is on them and their families as we're sure they recognize how hard the increased unemployment, wage deferrals and freezes are on the budgets of our town citizens. Many of our costs increase beyond our control such as pension assessments (+7.98%) and health care (+4.9%). There are increased demands on services and at the same time we are resisting new taxes. The poor economy deprives the town of new growth revenues, which in the past have been upwards of one million dollars in a given year and are now down by 50%. The Finance Committee also recommends that we pay for recurring expenses out of recurring revenues. However, this budget relies on stimulus monies to balance it and provide level funding but not level services. We've lost our community policing grant and those services cannot be funded, the Library could lose Sunday service, Schools may be forced to reduce science, robotics and other key enrichment programs, supply and maintenance budgets are stretched. Current staffing levels are not guaranteed in this budget, though every attempt is being made to maintain what we have. There will be significant budget holes to fill when stimulus monies are gone in FY12. Debt service from new projects in FYI will begin in FY12 and if approved will add $264,607 to our debt service line item in the general fund budget. Isn't now a good time to make use of our existing reserve funds? No. The Finance Committee has been united on this topic for years. A stabilization reserve of 5%-10% of our budget is the generally accepted level, for the Town. 5% would mean $3.87 million fund balance in FYI 1. We currently have $2.1 million in the Stabilization Fund, and should be making prudent regular deposits into that fund at least until such time as it reaches the minimum of the target range (5%). The BOS budget policy statement suggests that we deposit 5 50% of positive free cash into the stabilization fund. We believe that this is one of several prudent ways to increase our unreserved fund balance. What should the Town do to improve our budget for the future? Fostering a growing, prosperous community that can be enjoyed by all of our citizens is our goal. This means that we also not place an undue tax burden on our citizens. Some of the steps we should work on include: • Control expenses — All efforts must be made to use our money efficiently. This includes reducing energy costs and other resources. At the top of this list is an effort to control our health care costs. • Better facilities management — The Finance Committee recommends creating a position for a Town wide facilities manager who would have responsibilities to manage all School and other Town buildings. This year we have a concrete proposal to take steps toward this goal. • Build our Reserves —We should build our reserves up to the recommended 5% level. • Use of One-Time (or two-time stimulus) money — We should not use such money for recurring expenses. • Use forecasting to guide our planning — In general, we would like to avoid the need for an Override. Use of forecasting tools helps us better plan our capital expenditures and allow the Town to grow without the need for extraordinary spending. • Commercial Development — Encourage the Town to foster prudent commercial development. When should we move to implement a 21/2% override? Some would argue never, while others would point to circumstances where there is an overwhelming need to make such an adjustment. In the past, the 21/2% figure has worked well to prevent runaway spending. However, in the past number of years, our expenses have increased faster than this rate. If this continues, then perhaps the system is broken and needs to be fixed by our State legislature. If health care costs are not brought under control, override issues will arise more often. What changes does the Finance Committee recommend that will improve our financial health? The Committee has been looking at methodologies, management tools, and systems that the policy-making boards, departments, and the Town Manager could adopt to strengthen financial management. It is clear that revenues cannot keep pace with expenses; therefore, the only alternative to maintaining our service levels is to better manage the dollars we spend. Some of the management controls have already been implemented while others are in the proposal stages. These changes we believe are having a positive impact on the financial management in these extraordinarily difficult times. 6 ADOPTED CONTROLS: • CENTRAL PURCHASING: The establishment of a central Purchasing Department: This addition to the management matrix was made during 2008. This department makes most purchases and issues Request for Proposals (RFP's). Despite the personnel troubles in this function this year, it still extracted net savings for the town. The Town Manager is actively recruiting for a new Purchasing Manager and we expect this function to continue to provide financial savings and increase regulatory compliance for the Town. • CONSOLIDATED ACCOUNTING SYSTEM: The Finance Committee, working with the Town Manager's office and the Accounting Department, moved the Town into a consolidated accounting system which integrates both the school and municipal sides of government into a centralized accounting system. By centralizing the accounting process, reports and information can be more carefully managed, tracked, and integrated. • FINANCIAL FORCASTING REPORT: For the Fiscal year 2009 budget analysis, the Finance Committee implemented a new tool for forecasting future revenues and expenses. We continue to refine and use this tool to assist us in portraying the financial dynamics of the budget. • STEVENS ESTATE ENTERPRISE FUND: The Stevens Estate Board of Directors, with considerable assistance from the Assistant Town Manager, has changed the balance of expenses to lower fixed costs and increase directly revenue related variable costs. This prudent change in the fundamental method of running this enterprise has resulted in decreasing deficits. This impressive town asset is on its way to being self-supporting. PROPOSED ADDITIONS/CHANGES: • FACILITIES MANAGER: The Finance Committee in late 2007 prepared a report outlining the need for the establishment of a Facilities Manager position within the Town. The Finance committee firmly believes that the most cost effective addition to the management structure of the Town is the implementation of a Facilities Management Department. The Town owns property with an assessed value of hundreds of millions of dollars, with a replacement value of three or four times the assessed value. The expectation is that the creation of a Facilities Manager role would allow North Andover to achieve greater efficiencies and financial control of existing facilities expenditures and capital improvements. As with the Purchasing Manager position, such a role would allow for the centralization of functions and responsibilities. Additionally, it could provide leverage in the establishment of maintenance contracts and services. The complexity of managing specialized properties with values in the millions needs to be managed by specialists rather than generalists. The Town needs to better manage our very important land and buildings, and to plan for their maintenance and improvement in the most fiscally responsible way. We are pleased with the progress that the Town Manager and town departments are making in moving in the direction of a central services department that would support a facilities manager position. 7 • STANDARDIZED BUDGET FORMATTING: The Financing Committee finalized a standard budget format to be used by the School Department and General Government, which will allow for easier year over year comparisons and bring the budget format in line for all Town Departments. The Town Manager has used this format for years. This year the School Department presented all budget related information in this format making it far easier for the Finance Committee to understand and analyze the proposed budget. • CONSOLIDATED IT DEPARTMENT: We are also pleased with the IT Director's extensive work with all town departments, particularly the Schools on establishing an IT infrastructure plan that will support our growing network and related needs. • PROOF OF RESIDENCY POLICY: We urge the School Department to adopt a policy that requires proof of residency annually. This will ensure that only North Andover residents are receiving the educational services provided through our taxes. Other municipalities, like Andover, currently require some proof of residency each year. • CASH MANAGEMENT: During the course of the year various town departments handle well over a million dollars in cash transactions. The town must take concrete steps to facilitate electronic and other non-cash payment methods to remove the inherent risk of handling large amounts of cash. The use of debit cards, prepaid balance cards, PayPal, and other electronic payment methods should be considered to lower the number and amount of cash transactions. • INTERNAL AUDITS: Each year the Town's finances are audited by an independent external auditing company. This results in a formal report to the Board of Selectmen and the town on the overall financial condition of the town. The auditors were pleased with what they found in North Andover. However, these auditors will only review issues of "material" significance, usually this means amounts over $300,000. Issues under that are considered out of scope for their review. This leaves considerable room for further oversight. The best way to prevent issues is by active oversight of monetary and non-monetary compliance and controls. An office of internal audit could provide further structure and review to our controls already in place. • POST EMPLOYMENT COSTS: Unfunded liabilities for post employment costs such as pensions and retiree health care loom large in our future. This funding must come directly from our operating budget. Our auditors estimate that our accrual to fully fund these liabilities would equal seven million dollars per year over 20 years. These benefits have no mechanism currently in place to fund them which is why there is a warrant article to create such a fund. Without some level of reform of these benefits Towns could be in danger of insolvency. Conclusion We hope this format of introduction has provided you with sufficient background to make good use of the rest of this Warrant Book. Certainly some of the information will have changed 8 between the time this book was printed and the date of our Town Meeting on Tuesday, May 11th, 2010, but the big picture is likely to remain unchanged. Your participation in this process is important. This is your town, and the decisions made at the Town Meeting will affect your pocketbook and your quality of life here in North Andover. Please take the time to attend and actively participate. Thank you. Respectfully Submitted, North Andover Finance Committee Mark Rodgers, Chairman Peter Besen, Vice Chairman Ramsey A. Bahrawy Thom Dugan Alan LeBovidge Ben Osgood Jean Sullivan Bonnie Wilkinson "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." Town Charter References Re2ardin2 Town Meeting 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the Finance Committee report. 2-6-2 The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. North Andover Home Rule Charter 9 The following are the Moderator's simplified rules of parliamentary procedure and an explanation of various aspects of our North Andover Town Meeting. Town Meeting Rules of Parliamentary Procedure (Simplified Form) The rules of North Andover's open Town Meeting are based upon the traditions established by the citizenry of New England communities, acting as legislators of their local governments. More than 250 Massachusetts towns conduct "open town meeting", wherein each registered voter in attendance has an equal voice in the decision making process. Specific parliamentary rulings within our meetings are made by the Moderator, using Massachusetts General Laws, the North Andover Charter, North Andover By-Laws, and local tradition as the basis for these decisions. Although not formally adopted for North Andover's meetings, the book "Town Meeting Time, A Handbook of Parliamentary Law", published by the Massachusetts Moderators'Association, often provides guidance for unusual situations. Roberts' Rules, more suited to regularly recurring meetings of an established board, are not applied. Town Meetings of Massachusetts towns are similar, but not identical; local traditions can significantly affect local proceedings. North Andover's meeting procedures are intended to present questions clearly to the voters, with minimal confusion, for their decision. At any North Andover Town Meeting: 1. The first action required after the announcement of any Article on the Meeting's Warrant is that a Main Motion be proposed, before discussion and debate can begin. The sponsors of an article, or town boards with recommendations, are likely sources of a main motion. 2. Anyone wishing to address the meeting should seek the attention of the moderator when no other speaker has the floor. Public microphones are available, where a speaker seeking to be recognized will call out"Mr. Moderator..." 3. Once recognized by the moderator, a speaker is normally limited to five (5) minutes to address the meeting on the current article. Exceptions (for extended time) can be granted by a vote of the meeting, or by prior arrangement with the moderator, particularly if visual displays will be used (See `A Special Note on Visual Presentations', below). Questions are welcome, as well as statements endorsing a position. 4. Each speaker should introduce him/herself, using name and street address the first time speaking at any session of Town Meeting. If acting as attorney or paid agent for another, that should be disclosed at the start of any remarks. 5. All remarks should be addressed to the moderator (although obviously all are listening). Direct interrogation of previous speakers is not permitted. 6. An amendment (changing the main motion) can be offered during the course of debate, and will change the discussion to consider the proposed amendment (only). Specific wording of any proposed amendment should be made available to the moderator and town clerk. 7. While deliberation and debate are fundamental to Town Meeting, in due course it will become apparent that voters have received essential information, and are ready to act. There has 10 been no established parliamentary method of suppressing debate; voter reaction and the moderator's guidance tend to discourage repetitious statements. 8. Votes are taken by various methods - voice (Ayes and Nays), a"show of hands", or a counted vote. For other than a counted vote, seven (7) voters may doubt the announced vote by rising and standing in place; such doubt will cause a counted vote to be taken. 9. Most issues will be decided by a simple majority of those voting; issues requiring a two-third (2/3), four-fifth (4/5), or other majority will be clearly identified to the meeting. A Glossary of Town Meeting Terms: Town Meeting - A duly-called meeting in which all registered voters are eligible to participate. It is the Town's legislature, where fiscal issues, zoning changes, by-law amendments, and other matters affecting the Town are decided. A regular (Annual) Meeting is held each May to decide issues for the fiscal year starting in July. A (Special) Town Meeting may be called at other times, to deal with issues that cannot wait for the next Annual Meeting; a Special Town Meeting is called by the Selectmen; a petition of two hundred (200) voters will cause one to be called. Warrant - Public notice of business to be considered at Town Meeting. It is publicly posted throughout the Town, sets a time and place for the meeting, and contains one or more articles. The warrant is opened by the Selectmen for article submission prior to the meeting, and closed well in advance of the meeting. Article - Definition of an issue to be decided at the meeting. Individual matters are described in articles so that all voters are warned of potential action to be taken. The scope of each article sets the bounds of actions that may be taken. Articles are submitted by Town agencies, or citizen petitions of ten (10) at annual meetings, or one hundred (100) at special meetings. Main Motion - Required under the article (and within its scope) for the meeting to act. It may be as simple as "To adopt the article, as printed in the warrant" or a more complex action, as long as the article's scope is not exceeded. A main motion should be made and seconded for discussion to proceed; a favorable recommendation from the Finance Committee will be taken as a main motion, made and seconded. Whenever possible, affirmative (rather than negative) main motions are preferred to avoid confusion. Amendments - May be offered to a main motion, debated and accepted or rejected. Complex amendments should be submitted to the Moderator in writing. Individual amendments will be considered in turn; amendments to amendments are discouraged. The resultant (possibly amended) main motion will ultimately be voted upon. Reconsideration - Of action under an article may be proposed only once. The option is useful when inter-dependent decisions are to be made under separate articles; it is dangerous when introduced after a hard-fought decision has been made, and there has been a change in the audience. Introducing a motion to reconsider immediately after a hard-fought decision, with the expectation of its defeat, will effectively lock out future reconsideration. Adjournment - To another date and place certain may be proposed and voted to recess the meeting to a future session. Dissolution - Is the final act of a meeting. All issues will have concluded, and future discussion will require another warrant for another meeting. 11 The Players Voters - The ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials. Moderator - Elected, responsible for the conduct of the meeting. Parliamentary rulings, conducting of the debate, and voting are vested solely in the Moderator. Town Clerk - Appointed by the Town Manager, responsible for distributing notice of any Town Meeting, keeping all public records associated with meetings, and producing the final recorded minutes of actions voted. The Town Clerk's minutes are the only tangible result of much thoughtful debate, and voting; they are used in formal enactment of local laws. Selectmen - Elected, responsible for calling the meeting and ordering the warrant. This executive board is often authorized by the meeting to act in the Town's behalf between Town Meetings. Finance Committee - Appointed by the Moderator, responsible for recommending on financial and often other articles. This cross-section of citizens has the opportunity to investigate articles proposed to the meeting and make independent recommendations. Planning Board - Appointed by the Town Manager, responsible for administering the Town's Zoning By-law. This board is required to hold hearings and make recommendations on articles which effect zoning or environmental issues. Town Counsel - The Town's Attorney, appointed by the Selectmen. Counsel will make legal ruling, and advise the meeting, as needed. Other Players - The following participants have strong interest in assuring the meeting's success. They will propose issues and supply information to the voters: School Committee Town Manager Superintendent of Schools Town Accountant Department Heads Town Committees Supporting Casts - The following staff supply the necessary support to conduct a meeting of this size: Registrars of Voters Voter Check-in Clerks Counters Public Safety Officer Facilities Manager of the Building used A Special Note on Visual Presentations Prior to the 2003 Annual Town Meeting, any speaker at Town Meeting was allowed up to fifteen (15) minutes to present material, if a visual presentation was involved. Because of an increasing number of such presentations, together with decreasing patience of many Town 12 Meeting attendees, it is planned that different rules will apply this year. If more than the nominal five (5) minutes is required: • Visual presentations by Town agencies, with similar recommendations on an article, will be consolidated into a single presentation. That presentation, coordinated with the moderator at least one week prior to a town meeting, may exceed 15 minutes, but will reduce the time needed for multiple presentations. • Visual presentations by citizens or citizen groups must also be coordinated with the moderator at least one week prior to a town meeting. The moderator will encourage consolidation of presentation material, to benefit the attending voters, and to achieve balance during the debate. • "One picture is worth one thousand words." — should be the guiding principle of visual presentations. Any information that is unable to be conveyed easily in verbal form (maps, images, graphs)is a good candidate for visual display, improving the deliberations. Any visual display must be able to be easily viewed by all attendees at Town Meeting. (If a display cannot be seen beyond the first few rows of the audience, it is not acceptable for use.) Technical assistance and arrangements for display equipment can be coordinated with the Town Clerk or Moderator, preferably at least one week before the meeting. Computer, projectors and screens are available; use of an overhead projector is discouraged. Courtesy Issues: • Address the meeting with new information, to persuade undecided voters. Re-iterating old information as a show of support takes time and does little to affect the outcome of a vote. • Please refrain from applause or negative jeers during discussion. • Brevity in remarks shows respect for the value of your neighbor's time. The most persuasive statements at Town meeting are often the most succinctly stated, retaining the audience's full attention. Participation at Town Meeting is an American tradition, one which differentiates New England towns from other regions and from larger cities. Decisions made by these meetings are somehow more satisfying than those delegated to elected boards or paid staff. Help maintain this tradition by joining with neighbors to discuss the issues. We will respect the value of your time and participation. Charles A. Salisbury, Town Moderator (978) 685-1568 Charlieg Salisbury.org 13 Town Bylaws Affecting Town Meeting 159-1. Adiournment - When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the Town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. 59.2. Quorum - There is no quorum requirement for Annual or Special Town Meetings. 59.3. Reconsideration Vote - Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. 59.4. Secret Ballots - Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting shall be voted upon by Australian (Secret) Ballot. Massachusetts General Law also provides: Chapter 39: Section 17 Powers of Moderator; Preservation of Order - No person shall address a town meeting 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 moderator 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. 14 TABLE OF CONTENTS Article # Title of Article Page # Article 1. Reports of Special Committees 17 Article 2. Reports of Receipts and Expenditures 17 Article 3. Authorization of the Town Manager or Superintendent of Schools 18 Re ardin g Contracts in Excess of Three Years Article 4. Authorization to Accept Grants of Easements 18 Article 5. Authorization to Grant Easements 18 Article 6. Compensation of Elected Officials 19 Article 7. Prior Years Unpaid Bills 20 Article 8. Establishment of Revolving Funds 21-22 Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K- 22*23 Senior Work Program-Funding of $18,000 Article 10. Petition the General Court-Age Exemption-Christopher M. Dufresne 23 -Firefi hter Article 11. Amend General Fund Appropriation For Fiscal Year 2010 24 Article 12. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010 24 Article 13. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010 24 Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for 25 Fiscal Year 2010 Article 15. Amend Capital Improvement Plan Appropriations from Prior Years 25 Article 16. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities 26-44 Article 17. Amend Zoning Bylaw- Section 3 Zoning Districts and Boundaries, 44 Subsection 3.1 Establishment of Districts Article 18. Amend Section 16.2 of the Town of North Andover Zoning Bylaws 45 Article 19. Approve Collective Bargaining Agreement between the Town of North 45-46 Andover and the International Association of Fire Fighters (IAFF), Local 2035 Article 20. General Fund Appropriation Fiscal Year 2011 47-51 Article 21. Water Enterprise Fund Appropriation-Fiscal Year 2011 52 Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2011 53 Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal 54 Year 2011 Article 24. Amend General Bylaws Chapter 44 Public Meetings, Section 1 54-55 Televising of Land Use Board Meetings Article 25. Procedure for Funding of Collective Bargaining Agreements 55 Article 26. Change Annual Town Meeting to Saturday 56 Article 27. Election of Planning Board Members 57 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011 58-59 Article 29. Report of the Community Preservation Committee and Appropriation 60*61 From the Community Preservation Fund 15 TABLE OF CONTENTS—CONTINUED Article 30. Acceptance of Massachusetts General Laws- Chapter 32B,Section 20. An 61-62 Act Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In Municipalities And Certain Other Governmental Units Article 31. Amend Zoning Bylaw -- Section 6 Signs and Outdoor Lighting 62 Regulations, Subsection 6.3.21 Definitions— Sign Size Area Article 32. Amend Zoning Bylaw Section 5.1.1-Earth Removal 63 Article 33. Amend Zoning Bylaw-Section 7.3 - Setbacks 63-64 Article 34. Amend North Andover Zoning Bylaw— Section 4.121 Residence 1, 2 and 64 3 Article 35. Amend General Bylaws Chapter 127 Junk Dealers 65-66 Article 36. Add New General Bylaw Chapter 113 - Fortune Tellers 66-67 Article 37. Amend Zoning Bylaw— Section 4 Buildings and Uses Permitted, 67 Subsection 4.133.11 Industrial 2 District Article 38. Amend North Andover Zoning Bylaw— Section 4.137 Flood lain District 68 Article 39. Amend General Bylaws - Chapter 45 Public Safety, Chiefs of Police and 69 Fire De artments, Section 45-3 Appointment Process Article 40. Amend General Bylaws -- Chapter 28 Housing Trust Fund, Section 5C 70-71 Powers of Trustees Article 41. Petition the Legislature - Change the Structure of Essex Regional 72 Retirement Board 16 N�ATM M4SSACN115tS�y Town of North Andover Annual Town Meeting Warrant May 11, 2010 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, 430 Osgood Street, Tuesday May 11, 2010, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Articles 2, 3, 4, and 5 may be considered by a single vote, if there is no objection (requires unanimous consent). Article 2. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town Report; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action 17 Article 3. Authorization of the Town Manager or Superintendent of Schools Re2ardin2 Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of at least four (4) members of the Board of Selectmen or the School Committee, as appropriate; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting Articles 6, 7, 8, and 9 may be considered by a single vote, if there is no objection (requires unanimous consent) 18 Article 6. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION: In 2006,Annual Town Meeting passed a Citizen's Petition to remove health insurance benefits for elected officials, at a substantial saving to the town. The 2007 Annual Town Meeting voted an increase in the salary and compensation of elected officials. This article seeks to maintain the current level of salary and compensation of elected officials. 19 Article 7. Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior years, by respective departments, using appropriations of the current fiscal year; Prior Year Invoices Fiscal Year 2009 Vendor Amount Department Merrimack Valley Planning 4,525.66 Assessors Weston and Sampson 4,400.00 Fire Al McGregor 560.00 Public Works Federal Express 24.19 Purchasing MSC/SID 595.42 Stevens Estate The Home Depot 122.31 Stevens Estate GOAM Media 505.75 Stevens Estate Peterson Party Center 308.11 Stevens Estate Mid America Adm & Retirement 844.38 School Dept First Student 332.50 School Dept TransCanada 5,574.97 School Dept WB Mason 713.20 School Dept S 18.506.49 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: Any prior year bills brought forward before Town Meeting will be included in this article. Typically,the current year's budget provides the money to pay such past bills. This type of Article has a special voting requirement of 4/5t" at an Annual Town Meeting. 20 Article 8. 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 '/z for the Fiscal Year beginning July 1, 2010; Revolving' Fund Accounts Account Revolving FY 2011 Number Fund Authorized to Spend Use of Funds Revenue Source Limit 1. Participants'fees, 2031213 Youth and Assistant Town All programs and Grants,Donations, $ 250,000 Recreation Manager activities,expense,part and related Services time help Fundraising Revolving proceeds 2. Field rental fees, 2031210 Field Director-Division of Field maintenance, Grants,Donations, $ 10,000 Maintenance Public Works upgrade and related and related expenses Fundraising proceeds 3. 2031217 Elder Services Assistant Town Senior programs, Participants'fees, $ 20,000 -COA Manager classes and activities Grants,Donations, Revolving and related Fundraising proceeds 4. Clinic participant 2031211 Health Director-Community Clinic supplies and fees, Grants, $ 30,000 Department Development Division other related materials Donations,and Revolving related Fundraising proceeds 5. Wheelabrator Host 2031204 Wheelabrator Director-Community Air quality monitoring Community $ 35,000 Planning Development Division Agreement 6. Wheelabrator Host 2031205 Wheelabrator Director-Community To enforce Trash Truck Community $ 20,000 Public Safety Development Division regulations Agreement 7. Protection of health, Wheelabrator Host 2031206 Wheelabrator— Director-Community safety and monitoring Community $ 18,000 Health Development Division the air quality Agreement 8. Food Consultant fees 2031207 Health Dept- Director-Community and expenses related to Inspection Fees $ 20,000 Food Development Division program Inspections 9. Septic Consultant fees 2031208 Health Dept- Director-Community and expenses related to Inspection Fees $ 30,000 Septic Development Division program Inspections 10 Stormwater Director-Community Review,test and inspect Review Fees $ 50,000 Bylaw Development Division Stormwater reports TOTAL $483,000 21 Revollv ng Fund Account Recd is and Ex enditure Account FY09 FY09 Balance Receipts thru Expenditures Number Revolving Fund Balance 7/1/08 Receipts Expenditures 06/30/09 03131110 thru 03131110 Balance 1 2031213 Youth and Recreation $ 275,329 $ 260,219 $ (240,328) $ 295,219 $ 86,714 $ (229,358) $ 152,575 Services Revolving 2 2031210 Field Maintenance $ 16,458 $ 8,000 $ (10,190) $ 14,268 $ 6,900 $ $ 21,168 3 Elder Services 2031217 -COA Revolving $ 627 $ 2,388 $ (605) $ 2,410 $ 9,945 $ (9,097) $ 3,258 4 2031211 Health Dept Revolving $ 10,170 $ 25,048 $ (25,495) $ 9,722 $ 27,301 $ (19,189) $ 17,835 5 2031204 Wheelabrator Planning $ 58,343 $ 25,000 $ (26,035) $ 57,308 $ 25,000 $ (12,438) $ 69,869 6 Wheelabrator Public 2031205 Safety $ 69,799 $ 12,500 $ (23,971) $ 58,328 $ 15,700 $ (5,704) $ 68,324 7 2031206 Wheelabrator-Health $ 24,067 $ $ (3,079) $ 20,988 $ $ (2,000) $ 18,988 8 Health Dept-Food 2031207 Inspections $ 67,490 $ 22,065 $ (14,098) $ 75,457 $ 21,235 $ (9,413) $ 87,279 9 Health Dept-Septic 2031208 Inspections $ 28,937 $ 11,150 $ (22,338) $ 17,749 $ 7,309 $ (10,383) $ 14,676 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: This article authorizes the revolving funds shown above for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2010 and ending June 30,2011. Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K- Senior Work Program - Funding of $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program in the amount of$18,000; Or to take any other action relative thereto. 22 Council on Aging Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION: The law referred to provides in substantial part the following: Chapter 59: Section 5K. Property tax liability reduced in exchange for volunteer services; persons over age 60 Section 5K. In any city or town which accepts the provisions of this section, the board of selectmen of a town ... may establish a program to allow persons over the age of 60 to volunteer to provide services to such city or town. In exchange for such volunteer services,the city or town shall reduce the real property tax obligations of such person over the age of 60 on his tax bills and any reduction so provided shall be in addition to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of, or be credited with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction nor shall the reduction of the real property tax bill exceed $750 in a given tax year. ... Such cities and towns shall have the power to create local rules and procedures for implementing this section in any way consistent with the intent of this section. At last year's Town Meeting, the spending limit under this program was increased from $13,000 to $18,000. This total increased the number of seniors who could participate from 16 to 24 seniors (assuming all participants earned the maximum of $750). This Article seeks to continue the funding limit approved at last year's Town Meeting of$18,000. Participants are selected by lottery if more than 20 apply. The program administrators may also choose to support more seniors at less than $750 each at their discretion. The funds that implement this Article come from the Overlay and not directly from the General Fund, although over time it has the same effect since all money left over in the Overlay is eventually returned to the General Fund as surplus. Article 10. Petition the General Court — Age Exemption — Christopher M. Dufresne — Firefi2hter. To see if the Town will vote to Petition the General Court to enact Legislation so that Christopher M. Dufresne shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Christopher M. Dufresne shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws and regulations of the civil service commission and any lawful hiring practices for the Town of North Andover; Or to take any other action relative thereto. Petition of Christopher M. Dufresne and others Board of Selectmen Recommendation: Favorable Action 23 Article 11. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: This article seeks to transfer monies from accounts with surpluses to accounts with deficits for FY2010. This action moves monies to accounts that are now known to require funds and reduces or eliminates the need to carry deficits into the FY2011 budget. Article 12. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: This article seeks to transfer monies from accounts with surpluses to accounts with deficits for FY2010. This action moves monies to accounts that are now known to require funds and reduces or eliminates the need to carry deficits into the FY2011 budget. Article 13. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 19 Water Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting 24 Article 14. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting Article 15. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted by: A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14, 2007 Annual Town Meeting, Article 21, Line 23, "Waverley Road Relief Sewer Main", an amount not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements". B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town Meeting, Article 24. Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action FINANCE COMMITTEE EXPLANATION: This article seeks to transfer unexpended bond proceeds from previous Capital Improvement Projects to new projects. By applying unexpended funds to new projects, the amount required to be raised for these new projects will be reduced. Since these funds were already bonded, certain restrictions apply to the towns ability to transfer these funds. The new use must be similar to the original bond intention and with a similar useful lifetime. 25 Article 16. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless Telecommunications Overlay District: Section 8.9 Wireless Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town. The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, and preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996 in that: 1. it does not prohibit or have the effect of prohibiting the provision of Wireless Services; 2. it is not intended to be used to unreasonably discriminate among providers of functionally equivalent Wireless Services; 3. it does not regulate Wireless Services on the basis of the environmental effects of radio frequency emissions beyond requiring compliance with the Federal Communication Commission's regulations concerning such emissions. d) If the application of any of the provisions of this Bylaw results in a violation of the Federal Telecommunications Act of 1996, then the Federal Act shall supersede that particular provision of this Bylaw. In determining whether the Federal Act supersedes a provision of this Bylaw, such that the Planning Board may disregard that provision, the Planning Board shall consider whether the applicant has proved that: (1)there is a substantial gap in coverage, and (2)there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site. The Planning Board may hire, at the applicant's expense, an independent engineer or other expert to review and report upon the application and related documents. 26 2) Definitions for Purposes of this Section 8.9: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero elevation) can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d) Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." e) Carrier. A company that provides wireless services. f) Co-location. The use of a single mount or monopole wireless service facility (monopole) by more than one carrier (vertical co-location) and/or the locating of more than one carrier's wireless service facility in or on a preexistent building or structure. g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation. The measurement of height above mean sea level. i) Environmental Assessment (EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. 1) GPS. Ground Positioning System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount made with cross bracing of structural steel. It may be either self supporting or guyed. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete or other material and a platform (or racks) for panel antennas arrayed at the top. q) Mount. The structure or surface upon or in which antennas are mounted, including but not limited to the following four types of mounts and each mount shall be low profile mounted: (1)Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted in or on a pre-existent building or structure. r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions. 27 s) Panel Antenna. A flat surface antenna usually developed in multiples. t) Preexisting Structure: A preexisting wireless service facility. u) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. v) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. x) Separation. The distances between one array of antennas and another array. y) Stealth Antenna. An antenna, dish or other facility--not including ground based support facilities—which is fully concealed inside a building such that no part of the stealth antenna is visible from street level. This definition shall only apply to antennae, monopoles and antenna-like devices and not to any equipment necessary for the operation of the antennae-like devices, which equipment may be located outside the pre-existing structure. z) Utility. A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. aa)Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, monopoles, antennae, antennae support structures, panels, dishes and accessory structures. bb)Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, as amended. 3) General Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall obtain a special permit from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. iii) No wireless service facility shall be located in the Town except upon 28 issuance of a special permit. Small scale wireless facilities which satisfy the conditions in order for the Federal Communications Commission's Over- the-Air Reception Devices ("OTARD") rules to apply and which are consistent with the OTARD rules are exempt from this bylaw. iv) As required by the federal Telecommunications Act of 1996, there may be no regulation of a wireless service facility on the basis of the environmental effects of radio frequency emissions, other than as required by the Federal Communications Commission. v) The installation, construction, or other placement of new lattice towers or guyed towers (as distinguished from those existing at the time of the inception of this Bylaw) shall not be permitted. b) Location: i) The Wireless Telecommunications Overlay District (WTOD) is intended to protect the resources of the Town, while allowing adequate Wireless Telecommunications to be developed. The WTOD is an overlay district mapped over other districts. It modifies and where there is inconsistency, supersedes the regulations of such other districts. Except as so modified or superseded, the regulations of the underlying districts remain in effect. Any use of lands within the WTOD for purposes of placement, construction, modification or removal of Wireless Service Facilities shall be subject to the requirements of Section 8.9 of this Bylaw. The District includes the properties listed below. These properties are included by reason of their potential to provide technically feasible and accessible locations for the siting of facilities which can provide adequate wireless telecommunications services to the Town. Properties not currently in the WTOD can only be added to the WTOD by vote of Town Meeting. ii) Upon issuance of a Special Permit by the Planning Board, a Wireless Service Facility may only be installed in the following districts and properties except as also provided in subsection (iv): 1. All parcels within the following zoning districts as of March 1, 2010: Business 2 and 3; Corridor Development Districts 1, 2 and 3; Industrial 1 and 2. 2. The following parcels on the Town Assessor's Map as of March 1, 2010: Map 108A, Parcel 3 (Commonwealth of Massachusetts) Map 90B, Parcel 11 (Commonwealth of Massachusetts) Map 106C, Parcel 17 (Commonwealth of Massachusetts) Map 106C, Parcel 16 (Commonwealth of Massachusetts) Map 106C, Parcel 7 (Commonwealth of Massachusetts) Map 106C, Parcel 43 (Commonwealth of Massachusetts) Map 106D, Parcel 5 (Commonwealth of Massachusetts) Map 106B, Parcel 215 (Commonwealth of Massachusetts) Map 106B, Parcel 214 (Commonwealth of Massachusetts) Map 106C, Parcel 30 (Commonwealth of Massachusetts) Map 106C, Parcel 32 (Commonwealth of Massachusetts) Map 106D, Parcel 4 (Commonwealth of Massachusetts) Map 106D, Parcel 14 (Commonwealth of Massachusetts) 29 Map 106D, Parcel 13 (Commonwealth of Massachusetts) Map 106C, Parcel 3 (Commonwealth of Massachusetts) Map 106C, Parcel 8 (Commonwealth of Massachusetts) Map 106C, Parcel 9(Commonwealth of Massachusetts) Map 106D, Parcel 10 (Commonwealth of Massachusetts) Map 106B, Parcel 217 (Commonwealth of Massachusetts) Map 106B, Parcel 24 (Commonwealth of Massachusetts) Map 104A, Parcel 21(Commonwealth of Massachusetts) Map 108C, Parcel 43 (Commonwealth of Massachusetts) Map 109, Parcel 33 (Commonwealth of Massachusetts) Map 106C, Parcel 11 (Commonwealth of Massachusetts) Map 106C, Parcel 12(Commonwealth of Massachusetts) Map 108C, Parcel 40 (Commonwealth of Massachusetts) Map 108C, Parcel 45(Commonwealth of Massachusetts) Map 108C, Parcel 41 (Commonwealth of Massachusetts) Map 107B, Parcel 26 (Commonwealth of Massachusetts) Map 107B, Parcel 24 (Commonwealth of Massachusetts) Map 106D, Parcel 16(Commonwealth of Massachusetts) Map 106B, Parcel 216 (Commonwealth of Massachusetts) Map 106B, Parcel 217 (Commonwealth of Massachusetts) Map 34, Parcel 21 (Commonwealth of Massachusetts) Map 108C, Parcel 42 (Commonwealth of Massachusetts) Map 104D, Parcel 47 (Manzi) Map 104D, Parcel 14 (Manzi) Map 25, Parcel 13 (Merrimack College) Map 105C, Parcel 12 (New England Power) Map 105C, Parcel 39 (New England Power) Map 104B, Parcel 28(New England Power) Map 64, Parcel 20 (Town of North Andover- Town Forest) Map 35, Parcel 23 (Stevens Estate) Map 38, Parcel 29 (0 Johnson Street) Map 107C, Parcel 11 (0 Turnpike Street) Map 42, Parcel 02 (70 Elm Street) Map 24, Parcel 33 (401 Andover Street) Map 98C, Parcel 02 (0 Chestnut Street) Map 45B, Parcel 18 (586 Massachusetts Avenue) Map 24, Parcel 28 (451 Andover Street) iii) Subject to the exemption in subsection 8.9.12 for municipal emergency wireless facilities, prior Town Meeting authorization is required before the Board of Selectmen or School Committee enters into an agreement or lease for a wireless service facility on Town property iv) A Wireless Service Facility may be located on a parcel which is not within the WTOD, without need for a variance, if the applicant proves to the Planning Board that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations 30 concerning radiofrequency emissions and (3) there is no alternative available site. The Planning Board may hire, at the applicant's expense, an independent engineer or other expert to review and report upon the application and related documents. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height The maximum allowed height of a wireless service facility shall not exceed 100 feet unless the applicant demonstrates that a greater height is required to allow for provision of the wireless communications services and the Planning Board finds that a height over 100 feet is desirable based on a balanced review of aesthetics, safety and wireless coverage for the area. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. ii) Height, Stealth Antennae Any stealth antenna that is not visible from street level is exempt from the general height requirement in 3 (c) (i) above and must conform to the setback requirement in 3 (c) (v) . iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10)feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally nonconforming with the respect to height, provided that the facilities do not project above the existing building height. iv) Height, Preexisting Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: guyed towers, lattice towers, fire towers and monopoles. v) Setbacks (1) In any zoning district, including the WTOD, a minimum setback of 600 feet from the nearest residential building shall be required for all wireless devices, antenna and their mounting structures, not currently installed at the time of the adoption of this bylaw. In any zoning district, including the WTOD, if the applicant can prove that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site with a 600 foot setback, then the setback provision shall be reduced to 400 feet. In any zoning district, including the WTOD, if the applicant can prove that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site with a 400 foot setback, then the setback provision shall 31 be reduced to 200 feet. Notwithstanding the foregoing, in order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility (except a stealth antenna) to any property line, shall be 2x the height of the facility, including any antennas or other appurtenances. This set back is considered the "fall zone". (2) In the event that a preexisting structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexisting non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i) Camouflage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexisting architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. (2) Wireless service facilities which are side-mounted shall blend with the preexisting building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and vegetation in all directions to create an effective year-round visual buffer. Ground- mounted wireless service facilities in excess of 50 feet shall provide year- round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure whichever is greater, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. iii) Color (1) Wireless service facilities, which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters_Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults; or 32 (2) designed consistent with traditional materials, color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and /or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot- candles when measured at grade. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all applications for wireless service facilities to be located within a local historic district. d) Environmental Standards i) Applicants must comply with all Conservation Commission regulations and procedures. ii) Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on- site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. e) Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a—wireless service facility shall be authorized per the FCC Guidelines for 33 Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ii) Structural Integrity. As part of the application for special permit for a monopole or stealth antenna the applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. 5) Application Procedures a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority (SPGA)for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with either the SPGA at a public meeting or with the town planner, to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre- application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/'or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co- applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. (5) The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit under this bylaw and also at the time of application for a building permit. 34 ii) Location Filing Requirements: (1) Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of V = 1500' showing the subject property. (4) A map showing the other preexisting and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary. (5) GPS all equivalent systems locating by latitude and longitude wireless service facilities. (6) A report by a qualified Radio Frequency Engineer relating to (1) a claimed substantial gap in coverage and (2) the proposed facility's compliance with applicable Federal Communications Commission, Massachusetts Aeronautics Commission and Federal Aviation Commission requirements, and (3) coverage maps that include all of the applicant's existing and planned towers, antennas, micro-cells, and repeaters in the coverage area and abutting municipalities. (7) Evidence that there is no alternative site that is available and technically feasible in North Andover or an abutting municipality. Such evidence shall include an analysis by a qualified Radio Frequency Engineer of the gaps in coverage if other sites were to be used. If there is an alternative site which would provide a location to close the purported substantial gap in coverage, then the applicant must document all efforts, and results thereof, to evaluate, and obtain rights to use, the alternative site. (8) Evidence that the applicant has analyzed, as an alternative, the feasibility of using a "repeater" to provide coverage to the intended service area. (9) A description of the capacity of the Facility, including, in the case of a monopole, the number and types of antennas that it can accommodate and the basis for calculation of capacity. Description of the proposed equipment should include data as to noise, certified by an acoustical engineer, and the beam widths at ground level for the energy outputs from each Antenna sector and degree of down-tilt of each Antenna. (10)A listing of the state and/or federal permits, licenses or approvals acquired or needing to be acquired for the proposed installation. (11)A description of the terms of any co-location agreements between the Applicant and any Personal Wireless Service provider. (12)A copy of the most recently recorded plan and deed for the property on which the Facility will be placed and specific documentation which shows that the applicant has the legal authority by way of ownership, purchase and sale agreement, lease or otherwise, to use the subject property for the intended purpose. iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a 35 Registered Professional Engineer or Registered Land Surveyor in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property and property lines of all properties within 600 feet of the proposed location. (2) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. (3) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property. (4) Location of all roads, public and private, on the subject property and on all adjacent properties within 600 feet including driveways proposed to serve the wireless service facility. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan. (8) Contours at each 2 feet AMSL for the subject property and adjacent properties within 600 feet. (9) All proposed changes to the preexisting property, including grading, vegetation removal and temporary or permanent roads and driveways. (10) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility. (11) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point(point being viewed) from 'Sight Lines" subsection below. (12) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission, only if a filing with the Conservation Commission is required. (13)Antennas and related equipment shall be camouflaged, that is, disguised, shielded, hidden or made to appear as an architectural component of the structure, provided however, antennas installed on utility poles, signs or flag poles as part of a DAS shall not be required to be camouflaged. iv) Sight lines and photographs: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. (2) Preexisting (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building 36 within 600 feet. (3) Proposed (after condition) photographs. Each of the preexisting condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexisting public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexisting trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours ANISL. v) Design Filing Requirements for Co-Location: (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. 37 vi) Design Filing Requirements for Monopole Facilities: (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility. Upon notice that such a test will be required, the Applicant is responsible for making arrangements with the Board's staff so that notice of the test may be included in a newspaper of local circulation, which notice shall be paid by the applicant. Photographs of the actual test from a suitable number of locations so as to depict the visual impact of the proposed facility on the Town shall be submitted to the Board at the public hearing. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturer's computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. (9) No commercial signage or advertising may be affixed to any monopole or other wireless service facility. (10) The applicant shall provide design details for the foundation of a proposed monopole, the connection of the proposed monopole to the foundation and the break away points of the proposed monopole. (11) The Town may retain a technical expert or experts to review, and report 38 upon, the application. The cost for such technical experts will be paid at the expense of the applicant. vii) Structural Integrity Filing Requirements (1) At the time of application for a special permit for a monopole or stealth antenna the applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. (2) Monopoles must at all times be maintained in good and safe condition. The Personal Wireless Service provider shall arrange for a professional structural engineer licensed in Massachusetts to inspect and review a monopole and all accessory buildings upon completion of construction to certify these structures are in sound condition. A report of the engineer's findings shall be filed with the Town Building Commissioner at the completion of construction of the monopole. The SPGA may require such an engineer's report to be filed after the fifth year of operation of the monopole facility and every five years thereafter. Failure to provide such a report may result in enforcement action by the Building Commissioner in accordance with Section 10.1 of this Zoning Bylaw. All costs for the inspection shall be borne by the carrier. Should the engineer or the Town Building Commissioner deem the monopole not to be sound, the owner of the monopole shall submit to the Town, within ten (10) business days, a plan to remedy the structural defect(s). Upon approval of the plan by the Building Commissioner, the remediation plan shall be completed as soon as is reasonably possible. viii)Noise Filing Requirements (1) The applicant shall provide a statement listing the preexisting and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexisting or ambient: the measures of preexisting noise (b) Preexisting plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet Department of Environmental Protection requirements and Section 8.9(4)(d). ix) Radiofrequency Radiation (RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies and power levels will not be exceeded. Certifications shall include technical specifications, a written 39 explanation of those specifications, and, if necessary, field verification. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: (a) Preexisting or ambient: the measurement of preexistent RFR. (b) Preexisting plus proposed wireless service facilities: estimate of RFR from the proposed wireless service facility plus the preexisting RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Regulations and Guidelines and the Radiofrequency Radiation Standards subsection of this Bylaw. x) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA) that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government. xi) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed wireless service facility. 6) Co-location a) If feasible, wireless service facilities shall be located on preexisting structures provided that such installation preserves the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible preexisting structures upon which to locate. If the applicant demonstrates to the satisfaction of the Planning Board that it is not feasible to locate on a preexisting structure, wireless service facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings, and placement within trees. b) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are standalone facilities. Applicants are encouraged to locate within a preexisting structure having wireless facilities when feasible and when such a co-location does not interfere with structural integrity and does not result in a major change to the appearance of the structure. Applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexisting structures that may be feasible sites for co- locating wireless service facilities; 40 ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. c) The Planning Board may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Planning Board may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, d) If the applicant does intend to co-locate or to permit co-location, the Planning Board shall request drawings and studies that show the final appearance and operation of the drawing service facility at full build-out. e) If the Planning Board approves a co-location for a wireless service facility site, the Wireless Facilities Special Permit shall indicate how many facilities and of what type shall be permitted on that site. Facilities specified in the original Special Permit approval shall not require another Wireless Facility Special Permit, however, the addition of any facilities not specified in the original approved Special Permit shall require a new Special Permit. This allows a carrier to "pre-permit" a site for additional facilities so that the original carrier will not have to apply for an additional Special Permit. f) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility (but the Planning Board may waive certain filing requirements when the Board deems it appropriate to do so) and will require a Special Permit when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Change in the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance a) After the facility is in operation, the applicant shall submit to the Community Development Office within 90 days of beginning operations, preexisting and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance, or why the measurements fail to comply with all applicable FCC Guidelines and Regulations. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the 41 Community Development Office, within 90 days of the beginning of operation, preexisting and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section8.9.4.d of this Bylaw. c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Community Development Office by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers from the-subj ect property. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, the SPGA may require a carrier to place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be, removed by the escrow agent forthwith and the escrow agent, after affording written 42 notice seven days in advance to the carrier, shall remove the facility. 10)Reconstruction or Replacement of Existing Towers and Monopoles Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the Planning Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. In making such a determination, the Planning Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11)Performance Guarantees a) The Planning Board may require insurance in a reasonable amount determined and approved by the Planning Board after consultation at the expense of the applicant with one (1) or more insurance companies, to be in force to cover damage from the structure, or damage from transmissions and other site liabilities and may require annual proof of said insurance to be filed with the Planning Board. b) Annual certification, if required by the standards of the Federal Communications Commission, or Federal Aviation Administration or the American National Standards Institute, shall also be filed with the Community Development Office by the Special Permit holder. 12)Exempt Facilities: Municipal Emergency Wireless Service Facility Wireless service facilities necessary to provide and ensure adequate town-wide coverage for public safety communications to include Police, Fire, Ambulance, Emergency Medical Services, and Emergency Management shall be exempt from the provisions of this bylaw. Commercial or private wireless service facilities, unless they are under contract with the Town of North Andover to provide public safety communication, shall not co-locate on or utilize a municipal emergency wireless service facility and shall not be exempt under this section. Further, if said municipal emergency wireless service facility is to be located on private property, the Town must obtain the permission of the landowner. 13)Public discussion of litigation settlement At least ten (10) days prior to each public hearing of the Planning Board where a public discussion is to occur regarding any proposed settlement of litigation commenced by an applicant under this section, the Planning Board shall send notice at the applicant's expense of such public discussion by certified mail to all abutters within 300 feet of the proposed Facility. 43 Or to take any other action relative thereto Board of Selectmen FINANCE COMMITTEE EXPLANATION: This article deletes the current wireless services zoning bylaw and replaces it with a bylaw that is premised upon the concept of a wireless telecommunication overlay district. The current bylaw requires a wireless facility to have a 600 foot setback from property zoned for an educational or residential use. The application of this requirement results in very few properties in Town upon which a wireless facility may be located. Therefore, the bylaw has run up against the Federal Telecommunications Act of 1996 which dictates that a local government may not prohibit the provision of personal wireless services. In a case last year, the Massachusetts Superior Court decided that the federal law compelled the permitting of a wireless facility, even though the facility did not meet the 600 foot setback. This proposed bylaw delineates specific properties upon which a facility may locate, but only by a special permit, with conditions, from the Planning Board. Those specific properties, located with the intent to accommodate substantial gaps in telecommunication coverage, make up the overlay district. The bylaw, in effect, tells an applicant where to look first to place such a facility. To reduce the number of new towers, the bylaw encourages placing a facility in the same location as a currently existing facility. While this bylaw provides guidance as to where the facility should be placed, any bylaw is still subject to the federal law. The federal law prohibits the Town from limiting the placement of such facilities on the basis of health effects of radiofrequency emissions beyond the requirements of the Federal Communications Commission. The bylaw requires the applicant to demonstrate compliance with those requirements. The Town can hire its own radiofrequency engineer, at the applicant's expense, to review such compliance. The new bylaw would not have any financial effect upon the Town. Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting Article 17. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to the list of designated districts within the bylaw. Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown as underlined Wireless Telecommunications Overlay District Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting 44 Article 18 . Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the Town will vote to amend the Zoning Bylaws by inserting the following language: "Drive—thru restaurants shall be permitted within the CDD1 zone provided they are located more than 250 feet from the R6 zoned district." The purpose of this article is to promote the Town's stated public policy goal of increasing North Andover's commercial tax base along Route 114by encouraging the highest and best use of those properties pursuant to Massachusetts General Law. This commercial revenue will benefit the schools, police, fire, and public works departments of the Town without increasing residential property taxes. This article also restores a business use to the impacted properties on Route 114 that was previously approved at town meeting by the citizens of North Andover. Or to take any other action relative thereto. Petition of Scott Hajjar and others Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting Article 19. Approve Collective Bargaining Agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035. To see if the Town will vote to approve a collective bargaining agreement, as a result of a Joint Labor Management Committee (JLMC) arbitration award, between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035, for the period of July 1, 2008 through June 30, 2012. Or to take any other action relative thereto Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: Following good faith negotiations between the Board of Selectmen (and Town Manager) and the Fire Department collective bargaining unit, an impasse was reached whereby the parties could not agree on a new three-year contract. Massachusetts state laws provide specific procedures when such an impasse occurs. After several steps, the matter was turned over to the Joint Labor Management Committee (JLMC) for binding arbitration under rules adopted in Chapter 589 of the Acts of 1987. 45 These laws give the Joint Labor-Management Committee (JLMC) the power to resolve collective bargaining impasses through interest arbitration awards. Under Massachusetts General Laws, Chapter 150e, section 7(b), the funding of collective bargaining agreements, including those specified through binding arbitration must be brought forth to Town Meeting for approval. If town meeting turns down the funding, then the arbiter's award is no longer binding and the matter is returned to the parties for further bargaining (as specified in Chapter 589). This article seeks to obtain Town Meeting approval to fund the new contracts as specified by the binding arbitration award. Although all the parties involved in the bargaining are obligated by law to recommend approval of the arbitrator's award, no such obligation is imposed on Town Meeting or the Finance Committee. 46 Article 20. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; FY 11 GENERAL FUND BUDGET w/Support Services Recommendations FY10 FY11 FY11 FY11 FY11 Reclass to Town Mgr& BOS Finance Committee Recap Dept Requested Town Mgr. Support Recommended Recommended GENERAL GOVERNMENT Town Moderator 825 825 825 0 825 825 Selectmen/Town Manager 293,382 299,186 291,204 0 291,204 291,204 Asst. Town Manager/HR 98,365 101,801 98,365 0 98,365 98,365 Town Accountant 257,774 266,472 260,219 -31,233 228,986 228,986 Purchasing 66,760 65,356 62,900 -62,900 0 0 Finance Committee 795 795 795 0 795 795 Treasurer/Collector 313,500 317,062 314,685 -500 314,185 314,185 Outside Auditing 60,000 60,000 51,000 -51,000 0 0 Assessing 308,298 313,381 307,320 -3,500 303,820 303,820 Legal 215,000 250,000 225,000 0 225,000 225,000 Information Systems 362,500 359,995 353,389 -353,389 0 0 Town Clerk 296,982 339,582 331,812 0 331,812 331,812 Community Development 204,919 209,653 204,430 -5,800 198,630 198,630 Planning 114,301 115,852 113,435 0 113,435 113,435 Conservation 87,071 86,349 84,230 -550 83,680 83,680 Board of Appeals 37,316 31,015 31,015 0 31,015 31,015 2,717,788 2,817,325 2,730,625 -508,872 2,221,753 2,221,753 PUBLIC SAFETY Police Department 4,283,946 4,730,808 4,309,432 -19,673 4,289,759 4,303,559 Fire Department 4,370,592 4,526,818 4,333,998 0 4,333,998 4,333,998 Inspectional Services 250,243 257,804 250,627 0 250,627 250,627 Emergency Management 21,237 21,237 21,237 0 21,237 21,237 47 FY 11 GENERAL FUND BUDGET w/Support Services Recommendations FY10 FY11 FY11 FY11 FY11 Reclass to Town Mgr& BOS Finance Committee Recap Dept Requested Town Mgr. Support Recommended Recommended EDUCATION N A Public School 37,761,749 38,014,976 37,153,387 -510,635 36,642,752 37,059,252 37,761,749 38,014,976 37,153,387 -510,635 36,642,752 37,059,252 PUBLIC WORKS Administration 359,272 376,474 365,907 0 365,907 365,907 Street&Sidewalks 782,278 794,459 768,685 0 768,685 768,685 Solid Waste/Recycling 1,300,000 1,296,275 1,296,275 0 1,296,275 1,296,275 Fleet Maintenance 273,838 276,604 276,604 0 276,604 276,604 Structures &Grounds 506,319 524,446 498,599 -9,282 489,317 489,317 Snow& Ice Removal 700,000 1,074,926 740,086 0 740,086 720,000 3,921,707 4,343,184 3,946,155 -9,282 3,936,873 3,916,787 HEALTH & HUMAN SERVICES Health Department 191,953 198,243 191,953 0 191,953 191,953 Elder Services 241,757 253,753 242,469 0 242,469 248,069 Youth and Recreation Services 243,952 283,932 242,156 0 242,156 245,156 Veterans Service 219,164 261,252 259,464 0 259,464 259,464 896,826 997,180 936,042 0 936,042 944,642 CULTURE & RECREATION Stevens Library 812,590 840,966 812,060 0 812,060 831,273 Festivals Committee 0 0 0 0 0 0 Recreation 0 0 0 0 0 0 Historical Commission 0 0 0 0 0 0 812,590 840,966 812,060 0 812,060 831,273 SUPPORT SERVICES Outside Auditing 0 0 0 51,000 51,000 51,000 Purchasing 0 0 0 62,900 62,900 62,900 Information Systems 0 0 0 884,562 884,562 734,562 Structures &Grounds 0 0 0 50,000 50,000 75,000 0 0 0 1,048,462 1,048,462 923,462 48 FY 11 GENERAL FUND BUDGET w/Support Services Recommendations FY10 FY11 FY11 FY11 FY11 Reclass to Town Mgr& BOS Finance Committee Recap Dept Requested Town Mgr. Support Recommended Recommended DEBT SERVICE Excluded - Principal- Long Term 2,499,856 2,529,856 2,529,856 2,529,856 2,529,856 Excluded - Interest- Long Term 739,126 638,713 638,713 638,713 638,713 Excluded - Interest- Short Term 0 0 0 0 0 Included - Principal - Long Term 2,726,290 3,044,825 3,044,825 3,044,825 3,044,825 Included - Interest- Long Term 591,584 699,266 699,266 699,266 699,266 Included - Interest- Short Term 0 0 0 0 0 6,556,856 6,912,659 6,912,660 0 6,912,660 6,912,660 EMPLOYEE BENEFITS Retirement Assessment 2,596,530 2,803,785 2,803,785 2,803,785 2,803,785 Workers Comp 247,263 259,626 259,626 259,626 259,626 Unemployment Compensation 153,180 200,000 200,000 200,000 200,000 Group Insurance 6,847,527 9,079,903 8,722,955 8,722,955 8,172,955 Payroll Taxes 600,000 600,000 600,000 600,000 600,000 Police & Fire Accident&Sickness Ins 75,000 75,000 75,000 75,000 75,000 10,519,500 13,018,314 12,661,366 0 12,661,366 12,111,366 LIABILITY INSURANCE 300,641 300,641 300,641 0 300,641 300,641 CAPITAL& RESERVES Finance Committee Reserve 0 0 0 0 0 Transfer to Stabilization Fund 905,000 0 0 0 236,973 Articles 0 0 0 0 0 Deficits (Stevens Estate) 120,000 40,000 40,000 40,000 40,000 Deficits (Snow and Ice) 0 0 288,250 288,250 288,250 Overlay 371,669 300,000 300,000 300,000 300,000 1,396,669 340,000 628,250 0 628,250 865,223 49 FY 11 GENERAL FUND BUDGET w/Support Services Recommendations FY10 FY11 FY11 FY11 FY11 Reclass to Town Mgr& BOS Finance Committee Recap Dept Requested Town Mgr. Support Recommended Recommended STATE ASSESSMENTS Spec Ed 0 0 36,547 36,547 36,547 Mosquito Control 85,862 85,862 85,449 85,449 85,449 Retired Teachers Health Insurance 1,883,555 1,714,000 1,713,623 1,713,623 1,713,623 Air Pollution Districts 8,311 8,421 8,484 8,484 8,484 Regional Transit 175,999 179,519 174,085 174,085 174,085 RMV Non Renewal Surc 18,120 18,120 17,460 17,460 17,460 School Choice 17,575 17,575 16,000 16,000 16,000 Charter School Assessment 97,646 102,431 74,952 74,952 74,952 Essex County Agricultural Assmn't 49,072 49,072 59,618 59,618 59,618 2,336,140 2,174,999 2,186,218 0 2,186,218 2,186,218 Regional Schools 259,239 272,201 362,832 362,832 362,832 School Building Committee 900 900 900 900 900 260,139 273,101 363,732 0 363,732 363,732 Total Non - Departmental Cost 21,369,945 23,019,714 23,052,867 0 23,052,867 22,739,840 General Fund Budget 76,406,624 79,570,012 77,546,429 0 77,546,429 77,546,429 And further to: Transfer from Special Revenue - GLSD $ 131,245 Transfer from Special Revenue- Community Programs $ 72,310 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting 50 FINANCE COMMITTEE EXPLANATION: This article is the fiscal year 2011 appropriation of funds for the Town of North Andover. Rather than being asked to vote on each line item, Town Meeting is being asked to vote on various sub-totals (bolded lines in the above schedule) reflecting the overall budget for each town department. By approving sub-totals, rather than individual line items, the town manager will have spending flexibility within those budget categories so long as the Town Manager does not exceed the sub-total. A majority of Town Meeting has the right to vote on individual line items (or in fact, further subdivide them) if so desired (although this would limit the town manager's budget flexibility). Various line items within the budget may contain the first year expenses of three-year collective bargaining agreements. If the budget as presented is approved, and it includes the first year of such agreement, then the entire three year agreement is also deemed approved. Commonwealth General Laws require that the Education budget be voted on as a single line item, including collective bargaining agreements approved by the School Board. 51 Article 21. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; WATER ENTERPRISE FY11 Recommendation Town Manager Board of FY10 Department Selectmen Personnel 785,092 623,494 623,494 Expense 1,374,411 1,400,465 1,300,465 Debt Service 2,686,211 2,791,277 2,791,277 Sub-Total Direct Expenditures 4,845,714 4,815,236 4,715,236 Admin/Indirect 623,712 658,016 658,016 Total Water Enterprise 5,469,426 5,473,252 5,373,252 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 52 Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; SEWER ENTERPRISE FUND FYI Recommendation Town Manager FY10 Department Board of Selectmen Budget Request Finance Committee Personnel 394,887 560,473 560,473 Expense 282,450 329,201 300,201 GLSD Assessment 1,367,010 1,642,900 1,642,900 Settlement 56,000 56,000 56,000 Debt Service 2,086,123 2,068,082 2,068,082 Sub-Total Direct Expenditures 4,186,470 4,656,656 4,627,656 Admin/Indirect 383,783 422,161 422,161 Total Sewer Enterprise 4,570,253 5,078,817 5,049,817 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 53 Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2011. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; STEVENSESTATE AT OSGOOD HILL ENTERPRISE FUND FYI FYI FY10 Department Recommendation Budget Request Town Mgr& BOS Personnel 102,930 103,372 103,282 Expense 138,557 143,352 143,442 Sub-Total Direct Expenditures 241,487 246,724 246,724 Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate Enterprise 287,947 293,184 293,184 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 24. Amend General Bylaws Chapter 44 Public Meetings, Section 1 Televising of Land Use Board Meetings. To see if the Town will vote to change the title of Section 44.1 of the General Bylaws, and add the Board of Selectmen and Finance Committee to those boards whose meetings are to be televised. Chapter 44, Section 1, is to be amended by removing the text shown as stricken, and adding the text shown as underlined § 44-1 Televising of Lase Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Board of Selectmen and Finance Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room. All such meetings shall have posted agendas of discussion items and application names in the Town Hall and on the Town website or on the cable television network twenty-four hours 54 prior to the meeting time. If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health,or- Conservation Commission, Board of Selectmen or Finance Committee. Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Unfavorable Action FINANCE COMMITTEE EXPLANATION: Finance Committee meetings are required to be, and have always been, open to the public, are posted, and minutes posted in accordance to the open meeting law. This article seeks to require that all Finance Committee meetings be televised. Article 25. Procedure for Funding of Collective Bargaining Agreements. To see if the Town will vote to instruct the North Andover Finance Committee and Board of Selectmen to add a warrant article to every annual town meeting which will enable town meeting to approve or disapprove the funding of collective bargaining as required and specified under Massachusetts General Laws Chapter 150E, Section 7 (b); Or to take any other action relative thereto. Petition of Peter Besen and others Board of Selectmen Recommendation: Unfavorable Action Finance Committee Recommendation: Favorable Action 55 FINANCE COMMITTEE EXPLANATION: Approval of this article, would cause a separate warrant article to appear, when new contracts have been signed (about once every 3 years), asking Town Meeting to approve funding of collective bargaining agreements. This would include: 1- A summary of the cost items contained within the contract. 2- Consideration and recommendation by the Finance Committee. 3- Deliberation by Town Meeting. 4- Town Meeting vote to approve or disapprove the funding. Note: Town Meeting's sole authority is to approve or disapprove the funding of the total cost items contained within the contract. The details and individual cost items of the contract are negotiated by the Selectmen, Town Manager and bargaining units in executive session. Also, Chapter 150E of the Massachusetts General Laws exempts contracts approved by the School Committee the provisions of this statute. Therefore, this article would only apply to municipal contracts managed by the Town Manager. Article 26. Change Annual Town Meeting to Saturday. To see if the Town will vote to change Annual Town Meeting from being held on a weekday evening(s) schedule to an all day Saturday schedule. The purpose of this article is to encourage increased town-wide citizen participation among registered voters who wish to exercise their civic duty to the town and its future. A Saturday schedule will allow for better child care options for parents who wish to attend more flexibility of attendance , provide safer daylight driving conditions for seniors, allow less conflict with voter work schedules, limit the meeting to only one day (start to finish) and provide new opportunities for community fundraising, educational events and community celebration to occur simultaneously; Or to take any other action relative thereto. Petition of Steven Tryder and others Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Unfavorable Action 56 Article 27. Election of Planning Board Members. To see if the Town will vote to amend Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of the town. The Planning Board shall consist of five members and shall be elected at large for three-year overlapping terms. The purpose of this article is to allow the Planning Board to be elected by vote of the town, thereby promoting greater citizen participation and transparency in decision making processes that are important to the town's future growth and development. An elected Planning Board is consistent with the majority of towns within the Commonwealth that have the same town meeting form of government as North Andover where 70% of such communities elect their planning boards according to Massachusetts Municipal Association. Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and objectively represented and in keeping with government by its citizens and for its citizens; Or to take any other action relative thereto. Petition of Alan Swahn and others Board of Selectmen Recommendation: Unfavorable Action Planning Board Recommendation: Unfavorable Action 57 Article 28. Capital Improvement Plan Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2011 as detailed below, provided ;hat, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the own of North Andover, for any capital project in excess of$500,000 or any other appropriation, 'ie Town may, by vote of the Town Meeting, have the following condition added to it: "provided .iat this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 .ebt exclusion referendum under General Laws Chapter 59, Section 21C(k)": Fiscal Year 2011 CIP Recommendations: Town Manager's Line # Proiect Description Fund Code Recommendations 1 Roadway Improvements B/N-G $ 380,000 2 Sidewalk Reconstruction B/N-G $ 50,000 3 Senior Center Roof Replacement B/N-G $ 26,000 4 Facilities Master Plan B/N-G $ 150,000 5 Police Station Equipment B/N-G $ 405,000 6 School IT Network Equipment B/N-G $ 863,000 7 Revenue Billing System B/N-G $ 90,000 8 Middle School Roof Replacement B/N-G $ 310,000 9 Body Armor Replacement B/N-G $ 40,000 10 Fire Department Radio Equipment B/N-G $ 432,000 11 Dump Truck, 2 Ton with Plow B/N-G $ 55,000 12 Fire Sprinkler Sys. Kittredge School B/N-G $ 450,000 General Fund Total $ 392519000 13 Meter Replacement B/N-W $ 450,000 Water Enterprise Fund Total $ 4509000 B/N-S $ - R/A-S $ - Sewer Enterprise Fund Total $ - * Fund Codes spelled out below 58 Funding Recommendation Code Totals Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate -Water Enterprise R&A-W $ - Raise and Appropriate - Sewer Enterprise R&A-S $ - Bonds/Notes - General Fund B/N-G $ 3,251,000 Bonds/Notes -Water Enterprise B/N-W $ 450,000 Bonds/Notes - Sewer Enterprise B/N-S $ - Total All ital Projects $ 3,701,000 Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: To Be Made at Town Meeting Planning Board Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: A Capital improvement is a major, non-routine expenditure for new construction, major equipment purchase, or improvement to existing buildings, facilities, land, or infrastructure, with an estimated useful life of five years or more, and a cost of$25,000 or more. Department Supervisors submit a list of capital improvement requests to the Town Manager in order of priority. The Town Manager applies a criteria formula to all items. The formula combines and prioritizes requests from all departments. The Town Manager then recommends which items should be implemented in the current year. The Selectmen then revise, if desired, and approve the plan. The Finance Committee does the same. There is a possibility that recommendations or amounts on this page may change before Town Meeting as additional information becomes available. If necessary, an update will be handed out at Town Meeting. 59 Article 29. 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; List of Appropriations— Community Preservation Fund Description Amount Category Town Common: Scenic $450,000 Historical Preservation restoration; underground utilities Ridgewood Cemetery: $70,150 Historical Preservation Restoration of gates, Veteran's lot, grave markers and landscapes Phase II Stevens Library: $50,000 Historical Preservation Restoration of main walkway Main Street Fire House: $22,500 Historical Preservation Refurbishment of building infrastructure Phase II Hay Scales Building $7,695 Historical Preservation (Town Common);Building Restoration Phase II Reserve for future $182,400 Affordable Housing expenditures Principal and Interest $650,000 Open Space Protection expenses: Windrush Farm Rolling Ridge: Purchase of $600,000 Open Space Protection conservation restriction, public trail access and parking area Windrush Farm: Parking $15,000 Open Space Protection area Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $2,077,745 Or to take any other action relative thereto. Community Preservation Committee 60 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: To Be Made at Town Meeting Planning Board Recommendation: 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 of the value of every residential property, and a complete exemption on 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 was required to remain in effect for at least five years, an obligation that was met from FY'02 to FY'06. 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 may either approve or reduce the recommended expenditures, but cannot add to them. North Andover received matching funds equal to $489,834 or 34.8% in FY10 from the Commonwealth. The State anticipates that the match will be 28% in FY11 due to more communities participating and lower registry of deeds surcharges. North Andover's 3% surcharge level entitles it to second and third round funding, which could increase its match above 35% if funding permits. Article 30. Acceptance of Massachusetts General Laws- Chapter 32B,Section 20. An Act Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In Municipalities And Certain Other Governmental Units. To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 32B, Section 20; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 61 FINANCE COMMITTEE EXPLANATION: This article seeks to create a special fund to allow the Town to directly save toward the funding of currently unfunded healthcare and other post employment liabilities. Benefits granted to Town employees in current and prior years have not been fully funded according to their predicted future liability. Town meeting can allocate funds and interest on those funds to accrue for these liabilities. Additions to this fund would come from the Town's general fund revenues. Article 31. Amend Zoning Bylaw-- Section 6 Signs and Outdoor Lighting Regulations, Subsection 6.3.21 Definitions — Sign Size (Area). To see if the Town will vote to replace the current definition of Sign Size (Area) with a revised description. Section 6, Subsection 63.21, is to be amended by removing the text shown as stricken, and adding the text shown as underlined 6.3 Definitions 11. Sign Size (Area) - The sur-kee area of any sign is the entire area within a single eontintious perimeter- enelosing the extreme limits of lettering, r-epr-esentation, emblems, or- other figures, together with any material or eolor- forming an integ part of the display or- used to di&r-enfiate the sign f-Fom the baeligr-ound aga (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. M. For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building,wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. Or to take any other action relative thereto. Inspector of Buildings Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 62 Article 32. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the underlined words as follows: 5.1 General 1. Excavation, removal, stripping, or mining of any earth material °°e°r* as her-ei af*°r wed on any parcel of land, public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal, Section 5.5 Earth Removal Incidental to Development, Construction or Improvements: and Section 5.6 Miscellaneous Removal of Earth. Or to take any other action relative thereto. Inspector of Buildings Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 33. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and adding Sections 7.31, 7.32 and 7.33 as follows: 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4)District, where the setback from the side street shall be twenty (20)feet minimum. X7.31 —Proiections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. §7.32—Proiections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. 63 X7.33—Proiections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. Or to take any other action relative thereto. Inspector of Buildings Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting Article 34. Amend North Andover Zoning Bylaw— Section 4.121 Residence 1, 2 and 3. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to allow professional offices in an existing structure on municipally owned property within the R-2 District containing a minimum of 50 acres. Amend Section 4.121 by adding the underlined language to read as follows: 4.121 Residence 1 District Residence 2 District Residence 3 District 21. Professional offices in an existing structure located on municipally owned property within the R-2 District containing a minimum of fifty (50) acres. Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: This Article seeks to amend the R-2 (Residential-2) zoning district by-law by allowing within the R-2 District, Professional Offices provided that the lot contains 50 acres or more, is owned by the Town, and the offices constructed must be located within an existing building on the site. 64 Article 35. Amend General Bylaws Chapter 127 Junk Dealers. To see if the Town will vote to change the title of Chapter 127 to include dealers of Secondhand Precious Metals or Gems, and to add new sections, 127-2,3,and 4, to regulate purchasing transactions. Chapter 127, Title and Sections 2, 3, and 4 are to be amended by adding the text shown as underlined Chapter 127 JUNK DEALERS/DEALERS OF SECONDHAND PRECIOUS METALS OR GEMS 127-2 Purchases: a. All purchases by persons licensed under this provision shall be recorded in a bound book in which shall be plainly written at the time of purchase, name address, age, date, time and description of items purchased and signature of persons selling items. Positive photo identification from everyone selling any item must be shown. There shall be no purchase from a minor. All purchases of precious metals shall be made on licensed premises only. A report shall be filed with the Chief of Police on the forms provided by him of all purchases made that day. b. There shall be a fifteen-day holding period within the town or a place designated by the Chief of Police, for all items purchased. All items purchased shall be made available for inspection by the Police Department, T own Manager or his designee. No item shall be altered during the fifteen- day holding period. If purchasing from other dealers, the licensee shall maintain the same records and same book for the same period as previously stated. (State law reference M.G.L.Ch266, M2) c. 127-3 Weights and Measures and Scales The weight to be used and the type of scale to be used by a person licensed pursuant to the provisions of this bylaw shall be described by the town sealer of weights and measures. The purchaser shall put the current market Price at the weight at which they are buying. The licensee must present with his application for a license, a certificate from the sealer of weights and measures and scales have been properly sealed. The applicant must notify the Police Department of the name of the firms to whom he sells his precious metals and if there are any changes the Police Department shall be so notified. d. 127-4 Hours of Operation 65 The hours of operation of a person licensed pursuant to the provisions of this bylaw shall be from the time of 9:00 a.m. to 9:00 p.m., except that the premises shall be closed on Sunday. Or to take any other action relative thereto. Town Clerk Board of Selectmen Recommendation: Favorable Action Article 36. Add New General Bylaw Chapter 113 - Fortune Tellers. To see if the Town will vote to add a new chapter, Chapter 113 to the General Bylaws to regulate the licensing of Fortune Tellers. Chapter 113 is to be added by inserting the text shown as underlined CHAPTER 113 FORTUNE TELLERS 113-1 Definition Any person going under the title of fortune teller, reader, adviser or seer, medium, healer or spiritualist, palm reader, card reader or physic shall be deemed a fortune teller, for the purpose of this bylaw 113-2 License Required—Qualifications of Applicant It shall be unlawful for any person to engage in the business of fortune teller without first obtaining a license for the Licensing Commission. Application for licenses shall be made on forms to be provided by the license commission and shall include the applicant's complete identification, signature and proposed method of operation. A statement shall be submitted with any application from the Criminal History Systems Board pursuant to the Criminal Record Information Act setting forth the criminal record, if any, of the applicant. 113-3 Fee—Transferability The fee for each license granted under this section shall be $50.00 dollars ($50.00) annually and the license shall not be transferred or assigned 113-4 Revocation The License Commission may revoke such license because of any violations of this bylaw or any other town bylaw. 113-5 Fines for Failure to Procure 66 Whoever engages in fortune telling for money, unless licenses under this bylaw, shall be subiect to a fine of one hundred dollars ($100.00). Fines will be enforced by non- criminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D. Or to take any other action relative thereto. Town Clerk Board of Selectmen Recommendation: Favorable Action Article 37. Amend Zoning Bylaw— Section 4 Buildings and Uses Permitted, Subsection 4.133.11 Industrial 2 District. To see if the Town will vote to allow alternative energy uses as-of-right within light industrial uses permitted in the Industrial-2 district. . Section 4, Subsection 4.123.11, is to be amended by adding the text shown as underlined 4.133 Industrial 2 District 11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: To Be Made at Town Meeting 67 Article 38. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the correct flood maps and Building Code reference. Amend Section 4.137 by adding the underlined language and by removing the text shown as stricken to read as follows: 4.137 Floodplain District 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR 120.E Section mil "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM)issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEW dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FE MA Flood gotindar-y & Floodway Map dated itine 2, 1993, both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building and Conservation Commission. 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G 3107.0 "Flood Resistant Construction"); Or to take any other action relative thereto. Division of Community Development Board of Selectmen Recommendation: To Be Made at Town Meeting Finance Committee Recommendation: To Be Made at Town Meeting 68 Article 39. Amend General Bylaws - Chapter 45 Public Safety, Chiefs of Police and Fire Departments, Section 45-3 Appointment Process. To see if the Town will vote to allow use of previous assessment center test results in the selection process of a Chief. Chapter 45, Section 3, is to be amended by adding the text shown as underlined § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and • Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. In the event that a Fire Chief or Police Chief chosen pursuant to this section shall retire, resign, or otherwise terminate employment as the Chief within three years after appointment, the Board of Selectmen may use the results of the assessment center selection process that was used in selecting the Chief in selecting a replacement Chief, provided all candidates who apply to replace the Chief participated in that assessment center selection process. Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action 69 Article 40. Amend General Bylaws -- Chapter 28 Housing Trust Fund, Section 5C Powers of Trustees. To see if the Town will vote to remove Town Meeting approval as a requirement for selling or leasing of real estate property by the Housing Trust Fund. Chapter 28, Section 5C, is to be amended by removing the text shown as stricken. CHAPTER 28 - HOUSING TRUST FUND § 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: C. With the approval of the Board of Selectmen and Town Aleeting, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To Be Made at Town Meeting Planning Board Recommendation: To Be Made at Town Meeting FINANCE COMMITTEE EXPLANATION: The May 1988 North Andover Town Meeting authorized the Town to create an Affordable Housing Trust along with a set of bylaws (Chapter 28). These Affordable Housing bylaws spell out the decision-making process for the Trust; for example, how Trustees are appointed and the approval process for transferring Trust funds. "The purpose of this Trust shall be to provide for the preservation and creation of affordable housing in the Town of North Andover for the benefit of low and moderate income households. In furtherance of this purpose, the Trustees are authorized, in accordance with the bylaws, to acquire by gift, purchase or otherwise real estate and personal property, both tangible and intangible, of every sort and description; to use such property, both real and personal, in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided however, that all property held by the Trust and the net earnings thereof shall be used exclusively for the preservation, creation, and use in the Town of North Andover of affordable housing for the purposes for which this Trust was formed." 70 The current bylaws (Chapter 28, Section 5C), require that prior to the trust selling any real property it must gain the approval of both the Board of Selectmen and Town Meeting. The proposed amendment to the bylaws would eliminate the requirement that Town Meeting approves the sale. Article 41. Petition the Legislature - Change the Structure of Essex Regional Retirement Board. To see if the Town will agree to endorse a state legislative petition to make certain reforms to the Essex Regional Retirement Board, including a bar on the same person serving as chairman of the board and chief executive officer , and including such other reforms as the legislature deems necessary to restore sound and prudent management of the board; Or to take any other action relative thereto Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 71 And you are directed to serve this WaiTant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven(7)days before the time of said meeting. Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the time and place of said meeting. Given under our hands this Twelfth Day of April, in the Year Two Thousand Ten. NORTH ANDOVER:BO OF SELECTMEN Tracy M.Watson,Chairman William F. Gordon Daniel P.Larsen Richard A.Nardella Rosemary Connelly Smedile North Andover,Massachusetts JWce A.Bradshaw,Town Clerk Attest: A True Copy 72 MESSAGE FROM TOWN CLERK JOYCE A. BRADSHAW YOUR VOTE IS EXTREMELY IMPORTANT WE NEED YOUR HELP ❖ You must be a registered voter as of April 21, 2010 to vote at the Town Meeting. Non-voters are required to sign in and be seated in a designated area. We check-in by Last Name and we will have guides available to assist you to find the right table. You will be given a pre-printed voting card. You can verify your voting status by calling (978)688-9501. ❖ Keeping our census current and up to date will assist you in proof of residence and proving information for public safety officials. If you have moved within North Andover or will be leaving North Andover please give us a call at (978)688-9501 and we can update your information. ❖ If you need voter registration forms or absentee ballot requests for future elections we can mail them to you. PASSPORTS—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 in the Town Hall Offices at 120 Main Street on the first floor and we accept Passport Applications from 9:OOAM until 3:OOPM Monday through Friday. Please check the U.S. Department of State web site at www.travel.state.2ov for all forms and passport information. You can give us a call at (978)688-9501 and we can tell you what you need to bring! Passports can take a minimum of five to six weeks. Expediting Service is available at an additional fee. Passports are also an excellent source of identification for the entire family. Travel regulations have changed so please be certain to verify what documents you need for leaving the country. WEB PAGE AND MUNICIPAL CALENDAR — Take a look at our Municipal Calendar located at www.townofnorthandover.com. All public meetings and events are listed there with contact and agenda information. We are in the process of updating and enhancing our web site to better serve you. We post additional information and updates on the site. If you need printed information, please contact us and we will provide it. We appreciate your participation in our Annual Town Meeting at the North Andover High School. If have any requests or need any special assistance, please call us at (978) 688-9501. 73 PLEASE BRING THIS BOOKLET WITH YOU TO TOWN MEETING!! TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING f � TUESDAY MAY 11 2010 7:OOPM NORTH ANDOVER HIGH SCHOOL �!/% 430 OSGOOD STREET 11, e. //%/ �,�%%%,, i�� ,,,/,,, , r,r✓�!IIWIdr!lYdl4(�I 1 'iZo /ii l muu umum(�i i/ 7, ';,,;.. ��' /�.. ,;r,a�nrl", di7 Ir y� H'Yrthing rrvN ?,i,V!Y„»n,�✓�, eei flr ixn, - „�.. . ,...J....... VIW .�.�..'wr , 1 I�N C lull 1,1 1'1 �n�rrW� , I I Details on logistics and updated information will be posted on the Town's website, on the North Andover Cable Channel, and in our local newspapers. Updates to the Finance Committee Report will be posted on the Town of North Andover website at www.townofnorthandover.com. If you need any special accommodations for the meeting please call the Town Clerk's office at (978)688-9502. Please participate in this very important meeting! 74