HomeMy WebLinkAbout2010-04-26 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
E NORTH q
Tracy M. Watson, C1hainnan
William F. Gordon o a TEL. (978)688-9510
Daniel P. Lanen x . w FAX (978)688-9556
Richard A.Nardella
Rosemary Connelly Smedile gSS�cHUSEt
BOARD OF SELECTMEN & LICENSING COMMISSIONERS
AGENDA
APRIL 26,2010—7:00 PM
TOWN HALL MEETING ROOM
120 MAIN STREET
I. CALL TO ORDER
II. EXECUTIVE SESSION
A. Collective Bargaining
B. Real Estate Matters
C. Personnel Matter
III. RECONVENE AND PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
A. Open Session Minutes of April 12, 2010 as written
B. Executive Session Minutes of April 12, 2010 as written
V. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT
A. Resolution: Senior Center Recognition Day
B. Town Counsel Thomas Urbelis, AV Preeminent Award
C. John Mabon, Completion of"Fundamentals of Conservation Commissioners"training course
D. Old Center Historic District Commission Appointment: Roger Lawson, Jr.
E. Acquisition of Land by Mass. Dept. of Conservation and Recreation in North Andover
VI. CONSENT ITEMS
A. Request to close Mass. Ave. in front of Museum of Printing for the Annual Printing Arts
Fair between the hours of 10:00 a.m. to 4:00 p.m. on Sunday, June 20, 2010
B. Request to fill vacancy: Building Department Assistant
VII. OLD BUSINESS
A. Preparation for Town Meeting
VIII. NEW BUSINESS
A. Interview candidate for Fire Chief Position
B. Facilities Management Consolidation Task Force
C. Membership on Utility Abatement Review Board
IX. TOWN MANAGER'S REPORT
X. ADJOURNMENT
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BOARD OF SELECTMEN MINUTES APRIL 12, 2010
CALL TO ORDER: Chairman Tracy . Watson called the meeting to order at 7:00 PM at Town Hall
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Meeting Room.
PLEDGE OF ALLEGIANCE
ATTENDANCE: The following were present: Tracy M. Watson, Chairman; Daniel P. Lanen, Vice
Chairman; Rosemary Connelly Smedile, Clerk; Richard A. Nardella, Licensing Chairman; William F.
Gordon; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager.
EXECUTIVE SESSION:
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to move into Executive Session to
discuss Collective Bargaining. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Daniel Lanen
yes, Richard Nardella yes, Tracy Watson yes. Vote approved 5-0.
APPROVAL OF MINUTES:
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the Executive Session
minutes as written of March 22, 2010. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the Open Session
minutes as written of April 5, 2010. Vote approved 5-0.
COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT:
Appointment to Board of Health
The Town Manager appointed Edwin Pease to the Board of Health and requested the Board's approval of
his appointment.
Rosemary Smedile made a MOTION, seconded by William Gordon, to approve the Town Manager's
appointment of Edwin Pease to the Board of Health. Vote approved 5-0.
Public Comment
Steven Tryder of 386 Chestnut Street had questions pertaining to the Wireless Bylaw Article and
requested that copies of the old bylaw would be available at Town Meeting to compare with the new
bylaw.
Selectmen said they would take this under consideration but said it would be very confusing for the
public. The Town is creating a brand new Wireless bylaw and an Overlay district.
Mr. Tryder said that the Planning Board did not make extra copies of meeting packets available for the
public as requested.
Town Manger Mark Rees said that he directed Curt Bellavance to instruct the Boards and Commissions
to make extra packets available for the public at their meetings.
Mr. Tryder asked why the"Procedures for addressing complaints against appointed Boards/Commission
members"was placed at the end of the meeting again.
After a discussion the Chair and the Board agreed to take item IX-C under New Business out of order.
Board of Selectmen Minutes April 12, 2010 2
NEW BUSINESS:
Procedures for addressing complaints against Appointed Board/Commission members
The Board was asked to approve a draft procedure for addressing complaints against certain public
officials appointed by the Town Manager and the Board of Selectmen.
Daniel Lanen made a MOTION, seconded by William Gordon, to approve the draft procedures for
addressing complaints against appointed board and commission members. Vote approved 4-1. Richard
Nardella opposed.
COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT:
Community Preservation Committee—FY11 Funding Recommendations
Chairman of the CPC John Simons presented the CPC fiscal year 2011 funding recommendations as
follows:
1. Town Common scenic restoration and utility pole removal -$450,000
2. Ridgewood Cemetery restoration (phase 2) $70,000
3. Stevens Library walkway restoration -$50,000
4. Main Street fire house infrastructure refurbishment$22,500
5. Hay Scales building restoration (phase 2) $7.700
6. Affordable Housing reserve for future expenditure $182,400
7. Windrush Farm principal and interest payment$650,000
8. Rolling Ridge purchase of conservation restriction, public trail access& parking area $600,000
9. Windrush Farm parking area$15,000
CONSENT ITEMS:
Festival Committee—request to use Town Common on July 3rd & July 4th and close Mass Ave.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the request of the Festival
Committee to use the Town Common on Saturday, July 3`d from 4:00 p.m. to 8:30 p.m. and on Sunday,
July 4th from 7:00 a.m. to 6:00 p.m. for the annual festivities and to close Massachusetts Avenue from
Andover Street to Osgood Street on Sunday, July 4th from 10:00 a.m. to 2:00 p.m. Vote approved 5-0.
Surplus Property—Wood Chips
Director of Public Works Bruce Thibodeau requested the Board declare surplus 12,000 cubic yards of
wood chips that exist at the Cyr Recycling Center. Once declared surplus the Town plans of selling the
wood chips.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to declare as surplus 12,000 cubic
yards of wood chips that are currently at the Cyr Recycling Center. Vote approved 5-0.
Fox 25 Morning News Zip Trip request to broadcast live from Town Common
Fox 25 Morning News requested to kick off their Zip Trip on Friday, April 30, 2010 with a live broadcast in
North Andover at the Town Common from 5:00 a.m. to 9:00 a.m.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to approve the initial request of Fox
25 Morning News Zip Trip to use the Town Common to broadcast live on Friday, April 30, 2010 from 5:00
a.m. to 9:00 a.m. Vote approved 5-0.
Meetinghouse Commons—Acceptance of Sewer Pump Station and Water/Sewer Easement
Tom Zahoruiko, manager of Meetinghouse Commons LLC, requested the Board accept the sewer pump
station and water/sewer easement at this location. Public Works is recommending approval with the
completion of several punch list item. Town Counsel recommended conditional approval to accept upon
completion of the punch list as agreed to by Mr. Zahoruiko and the Public Works Director.
Board of Selectmen Minutes April 12, 2010 r+- 3
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to conditionally accept the
Assignment of Sewer Easement and Rights to Pump Station and Sewer Facilities from Meetinghouse
Commons LLC, on the condition that the Board of Selectmen shall not sign, accept and record the above
reference Assignment or Easement Agreement until Meetinghouse Commons, LLC has completed the
work (as certified by the Department of Public Works) on the Meetinghouse Road Sewer Pump Station
and the paving of a driveway providing access to the pump station as described I the "Evaluation of the
Meetinghouse Road Pump Station" dated December, 2009, prepared by Weston & Sampson CMR, Inc.,
and the letter from Dennis L. Bedrosian, Plant Superintendent to Mr. Thomas Zahoruiko, dated December
9, 2009, and on the further condition that all of said work shall be completed before July 1, 2010, and that
counsel for Meetinghouse Commons, LLC shall provide current certifications of title upon completion of
the work. Vote approved 5-0.
PUBLIC HEARING:
National Grid Pole Petition Plan#WR818884422
Richard Nardella made a MOTION, seconded by William Gordon, to approve the pole petition by National
Grid for the removal and installation of SO utility poles for installation of line re-closers for the MBTA in the
area of 27 Charles Street. Vote approved 5-0.
NEW BUSINESS:
Stevens Pond User Fees for 2010
Director of Youth and Recreation Services Rick Gorman gave an overview of all the renovations and
programs for the 2010 summer season and presented two options for user fees at Stevens Pond. The
first option was based on the 2009 rates and the second option is based on being self sufficient to meet
the expenses for 2010. The Board was asked to vote and set the rates for the 2010 summer season.
William Gordon made a MOTION, seconded by Daniel Lanen, to vote for Option#1 fees to remain at the
2009 rate. Vote approved 5-0.
Youth & Recreation Services—Summer Programming
Director of Youth and Recreation Services Rick Gorman presented the lineup of the summer Children's
shows every Tuesday and Thursday morning at 10:00 a.m. July 6th to August 17th at the Town Common
and the Sunday evening at 6:00 p.m. Band Concerts on the Town Common from July 11th to August 29.
The Youth and Recreation Department will also be holding their annual Carnival on April 29—May 1,
2010 at 1600 Osgood Landing.
OLD BUSINESS:
Preparation for Annual Town Meeting
The Town Manager explained that the Finance Committee voted on their recommended FY11 General
Fund Budget which was different than the Town Manager's recommended budget. There was a lengthy
discussion about the various line items and recommendations.
The Board was asked to consider re-opening the Warrant to include a specific article pertaining to a
transfer of$236,973 to the Stabilization Fund, The Town Manager said that the Board had to have a
unanimous vote to officially open the warrant.
Richard Nardella made a MOTION, seconded by Rosemary Smedile, to open the Warrant. Vote was not
unanimous and failed 4-1. Daniel Lanen opposed.
The Town Manager requested that the Board delete from the Warrant; Article 34 Amend Zoning Bylaw
Section 9.3 pre-existing non-conforming single family residential structures and uses in R1,R2, R3, R4
and R6 districts.
Richard Nardella made a MOTION, seconded by Daniel Lanen, to delete Article 34 Amend Zoning Bylaw
Section 9.3 pre-existing non-conforming single family residential structures and uses in R1, R2, R3, R4
and R6 districts. Vote approved 5-0.
Board of Selectmen Minutes April 12, 2010 l ' °� 4
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The Town Manager requested that the Board Amend Article 19 Fire Department Contract Award and
delete the New England Police Benevolent Association (NEPBA) and the International Brotherhood of
Police Officers (IBPO) Collective Bargaining Agreements of Article 19 Fire Department Contract Award.
Richard Nardella made a MOTION, seconded by William Gordon, to Amend Article 19 by deleting the
New England Police Benevolent Association (NEPBA) and the International Brotherhood of Police
Officers (IBPO) Collective Bargaining Agreements of Article 19 Fire Department Contract Award. Vote
approved 5-0.
TOWN MANAGER'S REPORT:
The Town Manager announced the Town's Cable Media station has begun streaming live broadcasts of
the Board of Selectmen and School Committee meetings through their website.
The Town Manager gave the Board an update of the Essex Regional Retirement Board. Chairman
Timothy Bassett was fired by the ERRB Board of Directors after the audit done by PERAC. PERAC
appointed Town Manager of Swampscott Andrew Maylor to take over as Chairman. The Senate is in the
process of passing a reform bill for restructuring the ERRB.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by William Gordon, to adjourn the meeting at 10:05 p.m.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board
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BOARD OF SELECTMEN EXECUTIVE MINUTES APRIL 12, 2010
EXECUTIVE SESSION: The Executive Session convened at 7:05 p.m.
ATTENDANCE: The following were present: Chairman Tracy M. Watson; Clerk Rosemary Connelly Smedile;
William F. Gordon; Richard Nardella; Daniel Lanen, Town Manager Mark Rees; Assistant Town Manager Ray
Santilli.
Rosemary Smedile made a MOTION, seconded by Richard Nardella, to move into Executive Session to
discuss Collective Bargaining. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Daniel Lanen
yes, Richard Nardella yes, Tracy Watson yes. Vote approved 5-0.
Collective Bargaining—AFSCME Groups (Clerical/Public Works/Communications Officers)
Ray Santilli said that negotiation sessions were held this past week with all three groups. All three groups
stated they could not accept the Town's latest financial proposals, yet none of them had a counter proposal
ready for presentation. Rather than wasting a meeting, Ray took the initiative to offer each union a modified
proposal based on the police settlement of the following: base salary increase of 0.0%, 1.5%, 3.0%; and
health insurance increase of 15.0% to 18.3%, 18.3% to 21.6%, 21.6%, to 25.0°/x.
The Clerical/Public Works Unions and the Communications Officers Union stated they would accept this
proposal if the Town added additional perks in FY13. Ray declined the unions' counter, and they asked that
their proposal be brought directly to the Board of Selectmen.
The Board of Selectmen rejected the AFSCME proposals and asked the Town Manager to draft a letter with
the Board of Selectmen's dissatisfaction of their unwillingness to negotiate a reasonable contract and respond
back to the Board on April 26, 2010.
JLMC Award — Fire Union
The Joint Labor Management Committee (JLMC) issued their Interest Arbitration Award regarding the Fire
Union. It does not appear that the Town's interests were well represented regarding the impact of the 24-hour
shift on other provisions of the contract that was worked out, without the Board's authorization, by the Chief
and members of the Union.
Tim Norris, Ray Santilli and Mark Rees recommended going back to make a submission to the JLMC panel
on the aspects of the 24-hour shift impact that are not appropriate and try and get them corrected. This must
be done quickly so the matter can be wrapped up before July 1, 2010. There is conflicting information in this
contract with long-term implications. The short money is to make a submission now.
Richard Nardella made a MOTION, seconded by William Gordon, that the Board pursue appealing various
portions of the agreement and authorize the Town Manager to make a submission to the JLMC panel to
clarify and correct the Arbitration Award. Vote approved 3-2. Daniel Lanen and Rosemary Smedile opposed.
ADJOURMENT:
William Gordon made a MOTION, seconded by Daniel Lanen, to move out of Executive Session. Vote
approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary
VA
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
NORTH
of 41�a o 6 q�O
Tracy M. Watson, Chairman
William F. Gordon °
Daniel P. Lanen * `
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Richard A.Nardella
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Rosemary Connelly Smedile CHUSE�
WJ&w,aj, the North Andover Council on Aging was established in 1965 to identify the needs
of the Town's elder population, 60 years and older, along with available resources within the
community; to educate the community concerning the problems of aging and the needs of older
citizens; and to design, promote and put in place services that are needed to coordinate the
efforts of agencies which serve older people; and
W awaj, the North Andover Senior Center provides service to over 5,000 elders including
programs in the area of advocacy, weekly health clinics, transportation, nutritional meals,
continuing education, socialization, creative arts and information and referral; and
Wifemaj, the North Andover Senior Center is overseen by a nine-member Council on Aging
Board of Directors, managed by a Director of Elder Services with the assistance of support staff,
and has over 300 dedicated volunteers; and
W&zew the month of May is designated as "Older Americans Month" and the 2006
Annual Town Meeting unanimously voted to declare the second Wednesday in the month of May
as "Senior Center Recognition Day"; and
Wt ew.aj, it is most fitting and proper to honor and recognize the North Andover Senior
Center for 45 years of service to the elderly residents of North Andover; now
J'ifewle,w, the North Andover Board of Selectmen, do hereby proclaim, and the clerk shall
duly record, Wednesday, May 12, 2010, as
"Senior Center Recognition Day"
Tracy M. Watson, Chairman
North Andover Board of Selectmen
Page 1 of 1
Robertson, Karen
From: O'Brien, Irene
Sent: Friday, April 09, 2010 4:04 PM
To: Robertson, Karen
Hi Karen,
The month of May is designated as Older American Month. The 2006 Annual Town Meeting
unanimously voted to declare the second Wednesday in the month of May as "Senior Center
Recognition Day" which will be May 12, 2010.
Would you please have the Selectmen sign a copy of the proclamation for posting.
I have a copy of last years I can bring up to you.
Thank you,
Irene
Irene M. O'Brien
Elder Service Director
Town of North Andover
120 R Main Street
North Andover, MA. 01845
978 688-9560
4/12/2010
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The legal publishing company Martindale Hubbell conducts peer reviews of
attorneys and publishes various levels of ratings of the attorneys who are reviewed
by their peers. According to Martindale Hubbell, "AV Preeminent is an attorney's
highest possible professional rating, earned through a rigorous peer review
process." Year 2010 marks the 15th Anniversary of Town Counsel Tom Urbelis
receiving such an AV Preeminent rating. According to the company, "A 15th
Anniversary of being continuously AV Rated is something to celebrate." I agree
and send along congratulations to Tom on that achievement.
.� 1 _
Association Massachusetts o a n Commissions
MACCprotecting wetlands, open space and biological diversity through education and advocacy
FOR IMMEDIATE RELEASE:
April 1, 2010
FOR INFORMATION CONTACT:
Rick Chaff (617) 489-3930
LOCAL COMPLETES
CONSERVATION COMMISSION CERTIFICATE TRAINING PROGRAM
The Massachusetts Association of Conservation Commissions (MACC) proudly announced that John
Mabon, associated with the North Andover Conservation Commission, successfully completed MACC's
Fundamentals for Conservation Commissioners certificate training course.
The goal of the eight-unit Fundamentals course is to provide Conservation Commissioners and others
with the basic knowledge and practical tools essential to carrying out many responsibilities, from
administering the Wetlands Protection Act to open space planning and protection. Such training
promotes sound, consistent decision-making and builds respect for Commission determinations.
MACC's training program is the only comprehensive program offered to those involved with the
Welands Protection Act and open space planning.
MACC congratulated John for undertaking this training, as well as acknowledging North Andover's
Board of Selectmen for choosing a person who recognizes the value of training in Conservation
Commission work.
MACC is a non-profit environmental organization founded in 1961 to support, educate and advocate on
behalf of Conservation Commissions. In addition, MACC works for strong, workable, science-based laws
and regulations regarding wetlands, other water resources, open space, and biological resources. MACC
offers educational programs throughout the state. Call MACC at(617) 489-3930 for more information.
10 Juniper Road a Belmont a Massachusetts 02478
Phone: 617.489.3930 ^ Fax: 617.489.3935 ^www.maccweb.org
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OFFICE OF'( 1`4 I'ANAGER
APPLICATION FOR TOWN BOARDS/VOLUNTEER POSITIONS
Name: 6 = 2i Dater
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Address: /� ��Ui°� C %•�' ("mod G '/
Telephone: '7 `70 ome) (Business)�7k`3,F7-� 1)
E Mail Address: C C r.tie ax:
Present Business Affiliation and Work: �� y .� ,0, ,r
Education or Special Training: <
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Town Offices Held(in North Andover or elsewhere):
Position Date Appointed Term Expired
Remarks:
Board of Assessors Historical Commission
Cable TV Committee MV Planning Commission Rep.
Cable TV Access,Board of Directors Neighborhood Cons.District Comm.
Community Preservation Committee Old Center Historic District Comm.
Conservation Commission Planning Board
Council on Aging Poet Laureate Committee
Cultural Council Registrar of Voters,Board of
Disability Issues, Commission on . Stevens Estate,Board of Trustees
Emergency Management Agency Sustainability Committee
Festival Committee Youth&Recreation Council
Greater Lawrence Sanitary District Rep. Zoning Board of Appeals
Board of Health Special Committee
Roger B. Lawson, Jr.
16 Dufton Court
North Andover,MA 01845
rogerlaxfam @comcast.net
www.linkedin.com/in/rogerlawsonjr
978-689-8748
SUMMARY
A Construction Project Manager with an extensive background of more than twenty years experience in
Project Management, Building Operations, and Mechanical Electrical and Plumbing(MEP)coordination.
Knowledge of Construction Means and Methods,Historical Renovations,Building Automation Systems,
Life Safety,Power Distribution Upgrades,and Building Commissioning. Experienced in Data Center
Construction,LEED and Sustainable Building Methods, Office Fit-Ups and AIA Contract
Administration. Punctual, dedicated and an honest team player.
PROFESSIONAL SKILLS
Microsoft Word Microsoft Windows Microsoft Project
Siemens (EMS) Microsoft Excel Maximo Maintenance and Repair
EXPERIENCE
Capital Project Manager 2002-2009
Phillips Academy,Andover, MA.
Duties and responsibilities included the hiring and managing of contractors and in-house trades,
development of Request For Proposals, bidding and awarding of contracts,maintaining project schedules,
action-item registers, manage change-orders, conduct project meetings with contractors and architects,
budget creation and management, project completion documentation, management of customer
expectations, and team building and developing relationships.
• Successfully managed the $2.3M Mechanical, Electrical, & Plumbing MEP, Life Safety, and
Technology "fast track" historical renovation of Samuel Phillips Hall located on main quad of
campus. Project was under budget and on time.
• Led campus-wide Energy Management System (EMS) upgrades resulting in monthly energy
savings.
• Planned and successfully led upgrading of electrical power distribution across campus.
• Directed MEP coordination and punch-list completion during academy dining hall $14M
renovation using Sustainable Building Construction, obtained LEED Gold Certification.
• Developed strategies and managed the yearly Capital Renewal Program - Hired & managed
general contractors and in-house trades to remodel faculty homes, masonry repairs, exterior and
interior painting,wood flooring refinishing,architectural window replacements, slate,rubber, and
asphalt roofing repairs.
• Planned and managed renovation of administration office spaces, classrooms,and dorm rooms.
• Managed energy-saving Lighting Retrofit Projects at twin hockey rinks and at a historical
gymnasium. Projects were partnerships with National Grid that provided rebates and reduced
monthly utility bills.
• Directed and managed the installation of a new energy-saving Recovery Dehumidification
System at the hockey rink complex utilizing energy from existing refrigeration system. National
Grid Rebate Project which reduced monthly utility costs approximately 50%
• Resolved all Mechanical, Electrical & Plumbing (MEP) issues between the academy and the
academy owned Andover Inn.
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Massachusetts '
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April 9,2010 `� `�
Tracy M. Watson, Chair
Board of Selectmen
Town Hall
120 Main Street
North Andover, MA 01845
Dear Ms. Watson:
In keeping with the provisions of 301 CMR 51.00, we would like to inform you that the
Commonwealth of Massachusetts, acting through its Department of Conservation and Recreation
(DCR),has under consideration the acquisition of an interest in approximately 5±acres in the Town of
North Andover.
The current owners have used a portion of the property for residential use. If acquired by the state,the
house would be subdivided off and the open space portion of the property will be used to prevent
further fragmentation and encroachment on DCR boundaries to Harold Parker State Forest. Enclosed
is a locus map marked "Exhibit A" which shows the property in which DCR is interested.
The applicable regulations require that an agency proposing to acquire property announce its intentions
in public in a local forum. To comply with this requirement,we ask that the Board of Selectmen
announce that the Commonwealth is considering this acquisition for the above-stated purposes at its
next regularly scheduled meeting. The Board of Selectmen needs to take no formal action.Please
document the announcement on the enclosed farm and return the form to me in the self-addressed
envelope, enclosed for your convenience.
Should DCR decide to pursue this acquisition, it may be necessary to complete the transaction in less
than the 120-day notice period otherwise required. I respectfully request that you assent to this
reduction in the notice period by signing the enclosed waiver form and returning the same to me in the
enclosed envelope.
Should you have any questions regarding this matter, kindly contact me at 617-626-1315 or
Christine Berry at 978-887-5931 ext. 30. For your information,DCR has sent a similar notice to the
Merrimack Valley Planning Commission, Representative Barbara A. Ultalien,Representative David
M. Torrisi, Senator Steven A. Baddour and Senator Bruce E. Tarr.
Thank you very much.
C (I 11 )Id r.: 'l OF IA AS 0;, `,E,.. ..i r:r Xi.C.aT1 i:`- C.)F F.C f' OF Lli4ERGY i'x ENV..°t` �t ' UTIi.. f\) i"F1. ;.
pa t IT1cnt-of C.0{3se-ere CIJt .t id ?w£C i o-atfon L eval!.. P-atnuk lan A, Bo es, S e_r;(ZFtY
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i1 o2zi- ::,x LI imAh, 1), �'t r � °rd :. .a(� �,Jr, C �£'1SG F > 626.:E ,D 1
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Very truly yours,
Pie zu�ra z,
Assistant General Counsel
CERTIFIED MAIL#: 7002 3150 0003 5471 7854
Return Receipt Requested
Enclosure
DCR File#: S-000343
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CERTIFICATE OF ANNOUNCEMENT
BOARD OF SELECTMEN
TOWN OF NORTH ANDOVER, MASSACHUSETTS
In accordance with 301 CMR 51.00, et seq., the Town of North Andover hereby certifies
that on 40/ i , 2010, a public announcement was made at a regularly
scheduled Board of Selectmen meeting of the Department of Conservation and
Recreation's interest in acquiring approximately 5 acres of land, more or less, or other
property interest, in the Town of North Andover, as shown on the attached locus map
marked"Exhibit A."
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Date: " 2-4
T �4. atson, Chair
electmen
DCR File No. 5-000343
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5rr Hentschel Property, North r
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800 MASSACHUSETTS AVENUE
NORTH ANDOVER,MASSACHUSETTS 01845 1
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April 7, 2010 .
Mark Rees
Town Manager
120 Main Street
North Andover, MA 01845
Dear Mark:
On Sunday, June 20th, from l Oam to 4pm,the Museum of Printing will hold its 7th annual Printing
Arts Fair..
Over 20 artisans display their arts and crafts and a team of 20 people demonstrate historic printing
devices. There are special events for children tied into Father's Day. Over 500 people attended in
2009, mostly locally but also from all over New England.
This year we will again demonstrate printing with a steamroller. Yes, a steamroller.
The Museum is requesting that Mass Ave be closed in front of the Museum during the hours of
the Fair as we did previously. We will contract with the Police Department for an officer, as we
did last year.
i
Thank you for your consideration.
61 1
I
Frank Romano
President
TELEPHONE (978) 686-0450 FACSIMILE (978)686-x483
http://www.museumofprinting.org e-mail: info@museumofprinting.org
TOWN OF NORTH ANDOVER,MASSACHUSETTS
APPLICATION FOR RESERVATION OF THE GRASS OR PAVED
AREAS OF THE TOWN COMMON OR TOWN WAY
Information contained on this form is public information
Name of Sponsoring Organization: K)50u
Address of Sponsoring Organization:
boo Md f s Ave
tq. And oVe-C, M14 0( t�
Phone (� -
Reservation Requested by: r(rain K C)rye a V) C�
Title: 1 re s Idey 4
Address: (1 ; M(JV eo Y)A
Phone# Email in rM Cis LuW C)(/5
Motor Vehicle Driver's License Number State
Specific Location on Common Requested Mu!�;s Ave (y) t 4" 0-C mu,,;euvo
Alternate Location:
Description of Activity/Display(Please be Specific): � UG� C
Set-up Date: JU n e Z o i 0aw Tom_
Date Time Begin - Time End
Event/Display Date/Hours:
20 Bann pw
Date Time Begin - Time End
Clean-up Date:
Date Time Begin - Time End
CONTINUE ON BACK
ADDITIONAL INFORMATION
1. List of responsible individuals and time they will be in charge:
- `sec{—ter a� � �n � JV �►� 5 �,,
2. What is your plan for clean-up of the area immediately upon conclusion of the event?
PC
No �5'e of CORM)A)p
3. Number of people anticipated in connection with the event/display t
4. Will food be served? Ye / No (please circle one) "c . vl(l ' wa y" uj 1 4
5. Electricity required? Yes /No (please circle one)
6. Do you intent to erect a tent or shelter? (Ve / No (please circle one) 6)V M u-se )m ti g rouvi S,
� 9�C"
In addition,the applicant agrees that the use of sound equipment will be reduced or eliminated up/ithJ e request of
the North Andover Police Department.
i
OFFICE USE ONLY
Date/Time Received I have read the attached Rules&Orders
Regulating the Toivn Common and agree to
Reservation# abide
Date Reservation Confirmed X L✓� a
Applican Signature
APPROVED
Superintendent of Date Confirmation Letter
Public Works
cc: Board of Selectmen
APPROVED Health Department
Chief of Police Date Building Department
Police Department
Vehicles are PROHIBITED on the Common without prior permission from the
Department of Public Works.
TOWN OF NORTH ANDOVER
Fire Department
Fire Prevention Office
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
William Martineau Telephone(978) 688-9593
Chief, of Depann:ent FAX (978) 688-9594
wmartineauRTownofNorthAndover.com
Andrew Melnikas
Deputy Fire Chief amelnikas c TownofNorthAndover.com
April 8, 2010
The Fire Department has reviewed the request by the Museum of Printing to close Mass
Ave in the area of the Museum during their Printing Arts Fair on Sunday, June 201h. Since there
will be a police officer on site the Fire Department does not anticipate any access issues in an
emergency situation.
Deputy Andrew Melnikas
Page 1 of 1
Johnson, Adele
From: John P. Carney Dcarney @napd.us]
Sent: Thursday, April 08, 2010 9:31 AM
To: Johnson, Adele
Subject: RE: Please send your Recommendations by 4/8/10
The Police Department recommends favorable action on this request.
Lt. John Carney
Operations Division Commander
North Andover Police Department
566 Main Street
North Andover, MA 01845
978-683-3168
978-686-1212 (fax)
From: Johnson, Adele [mailto:ajohnson @townofnorthandover.com]
Sent: Wednesday, April 07, 2010 9:24 AM
To: Richard M. Stanley; John P. Carney; Martineau, William; Melnikas, Andrew; Thibodeau, Bruce; Nancy Barry
Subject: FW:Please send your Recommendations by 4/8/10
The Museum of Printing is requesting permission to close Mass Ave. in front of the Museum during their annual
Printing Arts Fair on Sunday, June 20, from 10:00 am to 4:00 pm. Please send me your recommendations by
Thursday, April 8, 2010,
Thanks, Adele
From: administrator @townofnorthandover.com [mailto:administrator @townofnorthandover.com]
Sent: Wednesday, April 07, 2010 9:10 AM
To: Johnson, Adele
Subject: Message from 35C-4
4/8/2010
tAORTH
3= et a 0
FO A
g0R�TE�
SACHUSE�
INTEROFFICE MEMORANDUM
DATE: 4/14/10
TO: Adele Johnson,Administrative Secretary
FROM Bruce Thibodeau, Director of Public Works
CC:
RE Annual Printing Arts Fair
The Division of Public Works has no objection to the request from Frank Romano, of the
Museum of Printing to hold its annual Printing Arts Fair on Sunday, June 20th from loam to
4pm.
If they need any assistance from the DPW, please have them contact my office
V1
7
COMMUNITY DEVELOPMENT DIVISION
Building (onservation Health Planning Zoning
MEMORANDUM
TO: Mark Rees, Town Manager
Raymond Santilli, Asst. Town Manager/Human Resource Director
FROM: Curt Bellavance, Director
RE: Fill vacancy
DATE: April 14, 2010
Please accept this submission as a request through your office, for the Board of Selectmen's
approval, to advertise and fill the position of Departmental Assistant for the Building
Department.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com
COLLINS, LOUGHRAN& PELOQUIN, PC
Attorneys at Law
320 Norwood Park South
Norwood,Massachusetts 02062
Philip Collins Tel. (781)762-2229•Fax(781)762-1803
Michael C.Loughran
Leo J.Peloquin
Tun D.Norris
Kevin P.Feeley,Jr.
Laurie W.Engdahl MEMORANDUM
Daniel C.Brown
Via E-mail
To: Mark Rees,Town Manager
From: Phil Collins,Labor Counsel
Re: 27h Payroll in Fiscal Year 2011
Date: April 26,2010
I. Question Presented
You have asked this office for an opinion concerning the Town's obligation in budgeting
for FY 2011, for police and fire personnel, given the unusual fact that there are 27 bi-weekly pay
days which occur in that fiscal year, rather than the.usual 26 pay days. Specifically, you ask if
the Town can take the annual salary for each fire fighter and police officer (and supervisory
ranks within these departments) and divide that salary by 27, instead of 26, in determining each
week's bi-weekly pay. You also advise that most non-supervisory employees in other
departments are paid on an hourly basis, and therefore will receive the same bi-weekly pay for
the normal bi-weekly work period on each of the 27 pay periods. This question arises in part
because of a change in the Town's payroll system a number of years ago, when the bi-weekly
payroll was adopted,whereby the Town would budget for 26 payments at the applicable contract
rate. In earlier years, with a weekly payroll, the Town would derive the weekly pay by taking
annual pay and dividing by 52.2 for each payroll period. Under that approach, over a period of
years, the amount received would balance out for years with 52 paydays and the occasional year
with a 53'payday.
H. Conclusion and Analysis
Based on our review of the collective bargaining agreements and applicable law, we
conclude that the Town can not treat the public safety personnel differently from other town
employees. Essentially, if the Town were to divide an annual salary by 27 to derive the amount
of the first paycheck in July, 2010, it would result in police and fire personnel receiving less pay
in that check than they received in the prior check for the last payroll period of June, 2010. It
goes without saying that the unions representing these employees have not negotiated a pay cut
effective this coming July. In addition, the lower hourly rate necessitated by using 27 as the
divisor would result in lower education incentive payments and a lower overtime rate. Again,
these adverse consequences would be viewed as contract violations, which would in all
likelihood result in arbitration awards against the Town.
Moreover, it is not at all clear that the mere fact that police and fire salaries are listed in
annual amounts in the union contracts makes these employees "salaried." All of the bargaining
unit members in these departments are non-exempt from the Fair Labor Standards Act (IiLSA);
they do not meet the salary basis test under the FLSA for exemption as administrative
employees. Accordingly,under the agreements in question, weekly and hourly rates are derived
for purposes of computing overtime rates, and there is at least a reference (if not an amount
listed)to hourly rates.
2
Given these facts and conclusions, any plan to reduce each bi-weekly pay for these
employees would be self-defeating. Worse yet, the failure to pay the proper wages could subject
the Town to claims under the Commonwealth's wage act [M.G.L. c. 149, § 148], which, if
upheld, would come with a severe price tag - - mandatory triple damages and the payment of
Plaintiff s counsel fees--all as provided in the 2008 amendments to M.G.L. c. 149, § 150.
3
Town of North Andover
North Andover Town Hall
120 Main Street
North Andover, MA 01845
MEMO
TO: Budget Communications Group
Board of Selectmen
FROM: Mark Rees,Town Manager
DATE: April 26,2010
RE: FYI 0 and FYI I budget changes
On Monday,April 26, 2009 the Budget Communication Group will be meeting at 5:30 p.m. in
the Town Hall to continue their discussions regarding a possible consensus budget for FYI 1. At
that meeting,I will be presenting my proposals for that consensus budget,copies of which are
attached.
The first document identifies additional changes to the FYI budget that would accommodate the
funding of the 27th payroll, so called, in FYI 0. This would be accomplished by moving the pay
date from Thursday,July 1,2010 to June 30,2010 for work that was done from June 13,2010 to
June 26,2010.
The second document includes my recommendations for the FYI budget which are found under
the columns"FYI 1 possible revision"and"FYI 1 Diff BOS and Possible Rev". Included in these
revised figures are state aid and charges adjustments as provided in the just issued House Ways
and Means Budget, a compromise on the consolidated information technology department with
$50,000 from that department going back to the school department and expense changes put
forward by the Finance Committee. The budget is balanced by a net decrease in employee
benefits expense of$225,988 ($325,988 less $100,000 into the finance committee reserve fund);
significantly less then the $1,077,000($900,000 in the original budget plus $177,000 from the
proposal above)projected to be used to balance the FYI budget.
Also included is the spreadsheet that tracks activity in the Health Insurance Trust fund which
show that the trust fund is projected to end the year with a balance of$3,197,727 considerable
more then the$2.2 million dollars projected when$1.8 million was `withdrawn' in FYI 0.
($900,000 to balance the budget and$900,000 into the stabilization fund.
Finally included is a spreadsheet that attempt to show compliance with the 1/3 2/3 convention
when the changes for both FYI and FYI are considered.
Depending upon the actions of the Budget Communications Group,these revisions may be
brought forward at the Selectmen's meeting under the Preparation for Town Meeting agenda
item.
FY10 Budget Amendments
Does not include budget reductions agreed to in Board of Selectmen-School
Committee MOU 11/09: $244,000 from School and$122,000 from Municipal
Departments
Municipal Deficits FY10
Veterans $ (32,000.00) ;,
Debt $ (91,196.01)
Unemployment $ (33,362.00)
Stevens Estate $ (11,380.00)
Payroll,June 13-June 26 (to be paid 6/30/10) $ (364,043.00)
$ (531,981.01)
Liability Insurance $ 6,555.80
Workers Comp $ 16,509.00
FY10 GLSD Transfer-offset debt $ 128,044.00
Fire Salaries $ 41,217.00
FY10 Lapse Salaries $ 80,981.17
FY10 2% Reserve $ 81,394.36
$ 354,701.33
$ (177,279.68)
Employee Benefits $ 177,279.68
1 �
FY 11 GENERAL FUND BUDGET
w/Support Services Recommendations
FY11 FY11 FY11 FY11 FY11 FY11
Reclass to Support Town Mgr&BOS Diff BOS and Finance Committee Diff BOS and
Town Mgr. Services Recommended Possible Revision Possible.Rev Recommended Fincom
Operating Revenues
Property Taxes 58,508,358 0 58,508,358 58,508,358 0 58,508,358 0
Local Recipts 8,781,890 0 8,781,890 8,781,890 0 8,781,890 0
State Aid 8,840,837 0 8,840,837 8,716,417 -124,420 8,840,837 0
Operating Transfers 1,126,621 0 1,126,621 1,191,256 64,635 1,126,621 0
Total Operating Revenues 77,257,706 77,257,706 77,197,921 -59,785 77,257,706 0
Other Fin.Sources
Free Cash 0 0 0 0 0 0
Overlay Surplus 0 0 0 0 0 0
Other one time revenues 288,723 288,723 288,723 0 288,723 0
Total Opr Rev&Fin.Sources 77,546,429 77,546,429 77,486,644 -59,785 77,546,429 0
GENERALGOVERNMENT
Town Moderator 825 0 825 825 0 825 0
Selectmen/Town Manager 291,204 0 291,204 291,204 0 291,204 0
Asst.Town Manager/HR 98,365 0 98,365 98,365 0 98,365 0
Town Accountant 260,219 -31,233 228,986 228,986 0 228,986 0
Purchasing 62,900 -62,900 0 0 0 0 0
Finance Committee 795 0 795 795 0 795 0
Treasurer/Collector 314,685 -500 314,185 314,185 0 314,185 0
Outside Auditing 51,000 -51,000 0 0 0 0 0
Assessing 307,320 -3,500 303,820 303,820 0 303,820 0
Legal 225,000 0 225,000 225,000 0 225,000 0
Information Systems 353,389 -353,389 0 0 0 0 0
Town Clerk 331,812 0 331,812 348,812 17,000 331,812 0
Community Development 204,430 -5,800 198,630 198,630 0 198,630 0
Planning 113,435 0 113,435 113,435 0 113,435 0
Conservation 84,230 -550 83,680 83,680 0 83,680 0
Board of Appeals 31,015 0 31,015 31,015 0 31,015 0
2,730,625 -508,872 2,221,753 2,238,753 17,000 2,221,753 0
PUBLIC SAFETY
Police Department 4,309,432 -19,673 4,289,759 4,303,559 13,800 4,303,559 13,800
Fire Department 4,333,998 0 4,333,998 4,333,998 0 4,333,998 0
Inspectional Services 250,627 0 250,627 250,627 0 250,627 0
Emergency Management 21,237 0 21,237 21,237 0 21,237 0
8,915,294 -19,673 8,895,621 8,909,421 13,800 8,909,421 13,800
EDUCATION
N A Public School 37,153,387 -510,635 36,642,752 36,984,521 341,769 37,059,252 416,500
37,153,387 -510,635 36,642,752 36,984,521 341,769 37,059,252 416,500
PUBLIC WORKS
Administration 365,907 0 365,907 365,907 0 365,907 0
Street&Sidewalks 768,685 0 768,685 768,685 0 768,685 0
/ 1
FY 11 GENERAL FUND BUDGET
w/Support Services Recommendations
FY11 FY11 FY11 FY11 FY11 FY11
Reclass to Support Town Mgr&BOS Diff BOS and Finance Committee Diff BOS and
Town M r. Services Recommended Possible Revision Possible.Rev Recommended Fincom
Solid Waste/Recycling 1,296,275 0 1,296,275 1,296,275 0 1,296,275 0
Fleet Maintenance 276,604 0 276,604 276,604 0 276,604 0
Structures&Grounds 498,599 -9,282 489,317 489,317 0 489,317 0
Snow&Ice Removal 740,086 0 740,086 740,086 0 720,000 -20,086
3,946,155 -9,282 3,936,873 3,936,873 0 3,916,787 -20,086
HEALTH&HUMAN SERVICES
Health Department 191,953 0 191,953 191,953 0 191,953 0
Elder Services 242,469 0 242,469 248,069 5,600 248,069 5,600
Youth and Recreation Services 242,156 0 242,156 245,156 3,000 245,156 3,000
Veterans Service 259,464 0 259,464 259,464 0 259,464 0
936,042 0 936,042 944,642 8,600 944,642 8,600
CULTURE&RECREATION
Stevens Library 812,060 0 812,060 831,273 19,213 831,273 19,213
Festivals Committee 0 0 0 0 0 0 0
Recreation 0 0 0 0 0 0 0
Historial Commission 0 0 0 0 0 0 0
812,060 0 812,060 831,273 19,213 831,273 19,213
SUPPORT SERVICES
Outside Auditing 0 51,000 51,000 51,000 0 51,000 0
Purchasing 0 62,900 62,900 62,900 0 62,900 0
Information Systems 0 884,562 884,562 859,293 -25,269 734,562 -150,000
Structures&Grounds 0 50,000 50,000 75,000 25,000 75,000 25,000
0 1,048,462 1,048,462 1,048,193 -269 923,462 -125,000
DEBT SERVICE
Excluded-Principal-Long Term 2,529,856 2,529,856 2,529,856 0 2,529,856 0
Excluded-Interest-Long Term 638,713 638,713 638,713 0 638,713 0
Excluded-Interest-Short Term 0 0 0 0 0 0
Included-Principal-Long Term 3,044,825 3,044,825 3,044,825 0 3,044,825 0
Included-Interest-Long Term 699,266 699,266 699,266 0 699,266 0
Included-Interest-Short Term 0 0 0 0 0 0
6,912,660 0 6,912,660 6,912,660 0 6,912,660 0
EMPLOYEE BENEFITS 0
Retirement Assessment 2,803,785 2,803,785 2,803,785 0 2,803,785 0
Workers Comp 259,626 259,626 259,626 0 259,626 0
Unemployment Compensation 200,000 200,000 200,000 0 200,000 0
Group Insurance 8,722,955 8,722,955 8,396,967 -325,988 8,172,955 -550,000
Payroll Taxes 600,000 600,000 600,000 0 600,000 0
Police&Fire Accident&Sickness Ins 75,000 75,000 75,000 0 75,000 0
12,661,366 0 12,661,366 12,335,378 -325,988 12,111,366 -550,000
LIABILITY INSURANCE
300,641 0 300,641 300,641 0 300,641 0
FYI 1 GENERAL FUND BUDGET
w/Support Services Recommendations
FY11 FY11 FY11 FY11 FY11 FY11
Reclass to Support Town Mgr&BOS Diff BOS and Finance Committee Diff BOS and
Town M r. Services Recommended Possible Revision Possible.Rev Recommended Fincom
CAPITAL&RESERVES
Finance Committee Reserve 0 0 100,000 100,000 0 0
Transfer to Stabilization Fund 0 0 0 0 236,973 236,973
27th Payroll 0 0 -69,694 -69,694 0
Articles 0 0 0 0 0 0
Deficits(Stevens Estate) 40,000 40,000 0 -40,000 40,000 0
Deficits(Snow and Ice) 288,250 288,250 248,432 -39,818 288,250 0
Overlay 300,000 300,000 300,000 0 300,000 0
628,250 0 628,250 578,739 -49,512 865,223 236,973
STATE ASSESSMENTS
Spec Ed 36,547 36,547 36,547 0 36,547 0
Mosquito Control 85,449 85,449 85,449 0 85,449 0
Retired Teachers Health Insurance 1,713,623 1,713,623 1,632,652 -80,971 1,713,623 0
Air Pollution Districts 8,484 8,484 8,470 -14 8,484 0
Regional Transit 174,085 174,085 174,085 0 174,085 0
RMV Non Renewal Surc 17,460 17,460 17,460 0 17,460 0
School Choice 16,000 16,000 16,000 0 16,000 0
Charter School Assessment 74,952 74,952 69,708 -5,244 74,952 0
Essex County Agricultural Assmn't 59,618 59,618 61,448 1,830 59,618 0
2,186,218 0 2,186,218 2,101,819 -84,399 2,186,218 0
Regional Schools 362,832 362,832 362,832 0 362,832 0
School Building Committee 900 900 900 0 900 0
363,732 0 363,732 363,732 0 363,732 0
Total Non-Departmental Cost 23,052,867 0 23,052,867 22,592,968 -459,899 22,739,840 -313,027
General Fund Budget 77,546,429 0 77 546,429 77,486,644 -59,785 77,546,429 0
Surplus(Deficit) 0 0 0 0 0 0 0
27th Week — FY2011
First Payroll:
June 20'10 July 2UI U
Su M TU W Th F Sa Su M TU ' h F Sa
1 2 3 4 5 2 3
6 7 8- 3-11 11 '2 4 5 a 10
13 14 15 16 17 t1 11 13 14 15, 16 17
�' 19 20 21 22 23 24
= 25 26 N 28 29 30 31
27th Payroll:
June 2011
Su M TU W Th F Sa
1 2 4 4
5 6 7 8 9 10 11
12 13 14 15 16 : 1' . 48-1
ts
� :'
FY10
School Muni Fixed Rev Support
Veterans $32,000 $3000
Debt $91,196 $911196
Uemployment $33,362 $33,362
Stevens $11,380 $11,380
Payroll $364,043 $364,043
Liability -$6,556 -$6,556
Workers Comp -$16,509 -$16,509
G LS D -$128,044 -$128,044
Fire Salaries -$41,217 -$41,217
Lapse Salaries -$80,981 -$80,981
2% Reserve -$81,394 -$81,394
Emp. Benefits -$177,280 -$177,280
$0 $203,830 -$75,786 -$128,044 $0
FY11
State Aid $124,420 $124,420
Transfer Spe Rev -$64,635 -$64,635
Town Clerk $17,000 $17,000
Police $13,800 $13,800
School $341,769 $341,769
Elder Services $5,600 $5,600
Youth and Rec $3,000 $3,000
Stevens Lib $19,213 $19,213
IT -$25,269 -$25,269
Structures $25,000 $25,000
Emp. Benefits -$325,988 -$325,988
Fin Com Reserve $100,000 $100,000
Payroll -$69,694 -$69,694
Stevens Deficit -$40,000 -$40,000
Snow & Ice -$39,818 -$39,818
State Assessments -$84,398 -$84,398
$341,769 -$90,899 -$310,386 $59,785 -$269 $0
Total FY10&FY11 $341,769 $112,931 -$386,172 -$68,259 -$269 $0
Total, Fixed, Rev &Support -$454,700
66.60% -$302,831
33.30% -$151,415
Total FY10&FY11 $341,769 $112,931 -$386,172 -$68,259 -$269
Back out IT -$50,000 $50,000
$291,769 $112,931 -$386,172 -$68,259 $49,731
Total, Fixed, Rev&Support -$404,700
66.60% -$269,531
33.30% -$134,765
Health Insurance Trust Fund
Fiscal Year 2010 -Projections as of 3/31/10
Total Appropriated Employee —
Sch Lch,Com Pro Retiree's
$6,847,527.00 ( Deductions Town Receipts (# % Interest income Cobra Payments Receipts (#
Month #4350) Insurance Expense &School(#4348) 4349) (#4820) (#4354) 1 4350) Total Monthly Activity Fund Balance
—-- -
— — --- _ 4,062,961.80
actual
Jul y _ 570,62 5
_
(790 77 8.61) 95,889.44 I 9,912.37 ' 2,568.06 - 34,892.01 (76,889.48) 3,986,072.32
actual Aug 570,627.25 845,746.65 1 —
( 064.54
2,239.73 985.18 36 163.9
0 (234,666.05) 3,751,406.27
actual Sept 570,627.25 (815,918.14)' 218,307.99 20,145.09 1,880.31 ! 2,149.26 35,368.93 32,560.69 3,783,966.96
actual Oct 570,627.25 -
(694,639.90) 126,451.27 6,715.03 1,504.67 1,495.32 1 4,828.73 , 16,982.37 3,800,949.33
actual Nov _570,627.25 (683,943.87) 125,825.41 6,715.03 1,322.52 1,258.30 66,351.48 88,156.12 ! 3,889,105.45
actual Dec 570,627.25 (492,127.64) 111,166.28 6,715.03 1,226.70 2,365.14 34,724.18 234,696.94 4,123,802.39
actual Jan 570,627.25 (658,513.43) 22,424.69 6,715.03 866.54 629.15 32,406.18 (24,844.59) 4,098,957.80
actual Feb 570,627.25 (1,033,384.91) 251,765.43 6,715.03 612.75 1,182.57 38,876.59 (163,605.29) 3,935,352.51
actual Mar 570,627.25 (729,880.75) 135,190.21 6,250.00 1,019.01 1 1,251.72 37,811.30 22,268.74 3,957,621.25
projection Apr 570,627.25 (1,152,442.32) 120,898.36 6,250.00 833.00 1,676.78 35,713.70 (416,443.23) 3,541,178.02
projection May 570,627.25 (906,484.82) 120,898.36 6,250.00 _833.00 1,676.78 1 35,713.70 (170,485.73) 3,370,692.29
projection Jun 570,627.25 (908,963.82) 120,898.36 6,250.00 833.00 1,676.781 35,713.70 (172,964.73) 3,197,727.56
IBNR -
(456,306.00)
6,847,527.00 (9,712,824.86) 1,450,780.34 88,632.61 15,739.29 16,346.98 428,564.40 1 (865,234.24) 2,741,421.56
—�— — (H) (I) — (J)
_— 120,898.36 832.77 1,676.78 35,713.70 �-
1 9 month average last 3 mnths avg 9 month average 9 month average
8,847,590.62 Total Revenue -
---
'I
4/15/2010,3:33 PM,FY10 Health Ins Trust Fund-projections 3-31-10.xls
FY10 Health Insurance Expense
Monhtly Stop Loss Reimb GBS Consulting Fee's Group Life Reinsurance HM Reinsurance Refunds Total Monthly
BCBC Medex Blue Care settlement (#4352) (J Sharry) (Prudential) Ins SSLIC /Adjustments Payments Qrtly Totals
actual July 756,000.00 51,200.00 3,969.80 (22,669.45) - - 2,278.26 - - - 790,778.61
actual Aug 756,000.00 51,200.00 4,416.80 - - - 2,278.78 31.851.07 - - 845,746.65
actual Sept 756,000.00 51.200.00 3,969.80 - - 2,479.00 2,269.34 - - - 815,918.14 2,452,443.40 1st Qrt Total
actual Oct 756,000.00 51,200.00 4,416.80 2,633.90 (185,316.23) - 2,442.56 63,262.87 - - 694,639.90
actual Nov 756,000.00 51,200-00 6,154.70 - - 2,479.00 2,431.02 32,345.81 - (166,666.66) 683,943.87
actual Dec 756;000.00 51,200.00 4,609.90 - (354,562.39) - 2,408.24 32 471.89 - - 492,127.64 1.870,711.41 2nd Qrt Total
actual Jan 756,000.00 51,200.00 7,164.23 - (158,285.36) - 2,434.56 - - - 658,513.43
actual Feb 756,000.00 51,200.00 6,212.80 154,50114 (2,143.75) - 2,52370 65.089.02 - - 1,033,384.91
actual Mar 756,000.00 51.200.00 6,818.90 - (121,500.22) 2,479.00 2,527.68 32,355.39 - - 729,880.75 2,421,779.09 3rd Qrt Total
projected Apr 830,088.00 56,217.60 5,303.75 301,462.00 (95,057.30) - 4,468.62 49,959.65 - - 1,152,442.32
projected May 793,044.00 53.708.80 5,303.75 - - - 4,468.62 49,959.65 - - 906,484.82
projected June 793,044.00 53,708.80 5,303.75 - - 2,479.00 4,468.62 49,959.65 908,963.82 2,967,890.96 41h Qrt Total
9,220,176.00 624,435.20 63,644.98 435,929.59 (916,865.25) 9,916.00 35,000.00 407,255.00 - (166,666.66) 9,712,824.66 9,712,824.86
(A) (A) (B) (C) (E) (F) (G)
FYI Appropriation $6,847,527.00
Vendor# settlement period
Blue Cross Blue Shield 9,220.176.00 (22,669.45) 03101/09-05/31108 Poor yr
Medex 624,435.20 2,633.90 6/Ot/Og-8/31/09
Blue Cross Blue Shield MASS 63,644.98 154,503.00 9/31/09-1 V3ow
Monthly Settlements 435,929.59 301,462.00 12/2009-22010
Consulting Fee's-J Sharry 9,916.00
Group Life-Prudential 35,000.00 435,929.45
Reinsurnace-HM Ins Group 407,255.00
Reinsurance-SSLIC -
Refunds/Adj (166,666.66)
Sub-total expenditures 10,629,690.11
Stop Loss Reimb. (916,865.25)
9,712,824.86
4/15/2010,3:33 PM,C:\Documents and Settings\mrees\Local Settings\Temporary Internet Files\OLK2E\FY10 Health Ins Trust Fund-projections 3-31-10.xls 1
Health Insurance Trust Fund
Fiscal Year 2010 Actual as of 03/31/2010
1 — IT--
Total Appropriated Employee
I ;Sch Lch,Com Pro Retiree's
$6,847,527.00 ( Deductions Town Receipts (# Interest Income Cobra Payments Receipts (#
Month #4350) Insurance Expense &School(#4348) 4349) (#4820) (#4354) j 4350) Total Monthly Activity Fund Balance
4,062,961.80
July 570,627.251 (790,778.61) 1 95,889.44 9,912.37 2,568.06 34,892.01 (76,889.48) 3,986,072.32
Aug 570,627.25 (845,746.65) 1,064.54 - 2,239.73 985.18 1 36,163.90 (234,666.05) 3,751,406.27
Sept 570,627,25 (815,918.14) 218,307.99 20,145.09 1,880.31 2,149.26 35,368.93 32,560.69 3,783,966.96
Oct 570,627.25 (694,639.90)1 126,451.27 6,715.03 1,504.67 1,495.32 4,828.731 16,982.37 3,800,949.33
Nov 570,627.25 (683,943.87) 125,825.41 6,715.03 1,322.52 1,258.30 66,351.48 88,156.12 3,889,105.45
Dec 570,627.25 (492,127.64) 111,166.28 6,715.03 1,226.70 2,365.14 34,724.18 234,696.94 4,123,802.39
Jan 570,627.25 (658,513.43) 22,424.69 6,715.03 866.54 629.15 32,406.18 (24,844.59)' 4,098,957.80
Feb 570,627.25 (1,033,384.91) 251,765.43 6,715.03 612.75 1,182.57 38,876.59 (163,605.29)1 3,935,352.51
Mar 570,627.25 (729,880.75) 135,190.21 6,250.00 1,019.01 1,251.72 37,811.30 22,268.74 3,957,621.25
Apr - - 3,957,621.25
Ma 3,957,621.25
Jun 3,957,621.25
IBNR - - (466,306.00)
5,135,645.25 (6,744,933.90) 1,088,085.26 69,882.61 13,240.29 11,316.64 j 321,423.30 (105,340.55) 3,501,315.25
I
6,639,593.35 Total Revenue -
i
I �
4/15/2010,3:31 PM,FY10 Health Ins Trust Fund-actual .xis
FY10 Health Insurance Expense
Monhtly Stop Loss Reimb(#GBS Consulting Fee's Group Life Reinsurance HM Reinsurance Refunds Total Monthly
BCBC Medex Blue Care settlement 4352) (J Sharry) (Prudential) Ins SSLIC /Adjustments Payments Only Totals
actual July 756,000.00 51200.00 3,969.80 (22,669.45) - - 2,278.26 - - - 790,778.61
actual Aug 756,000.00 51,200.00 4,416.80 - - - 2.27838 31.851.07 - - 845,746.65
actual Sept 756,000.00 51,200.00 3,969.80 - - 2,479.00 2,269.34 - - - 815,918.14 2,452,443.40
actual Oct 756,000.00 51,200.00 4,416.80 2,633.90 (185,316.23) - 2,442.56 63,262.87 - - 694,639.90
actual Nov 756,000.00 51,200.00 6.154.70 - - 2479.00 2,431.02 32,345.81 - (166,666.66) 683,943.87
actual Dec 756,000.00 51,200.00 4,609.90 - (354,562.39) - 2,408.24 32,471.89 - - 492,127.64 1,870,711.41
actual Jan 756,000.00 51,200.00 7,164.23 - (158,285.36) - 2,434.56 - - - 656.513.43
actual Feb 756,000.00 51,200.00 6,212.80 154,503.14 (2,143.75) - 2,523.70 65.089.02 - - 1,033.384.91
actual Mar 756,000.00 51,200.00 6,818.90 - (121,500.22) 2,479.00 2,527.68 32,355.39 - - 729.880.75 2,421,779.09
Apr _ _ _
May
June
6,804,000.00 460,800.00 47,733.73 134,467.59 (821,807.95) 7,437.00 21.594.14 257,376.05 - (166,666.66) 6,744,933.90 6,744,933.90
FY10 Appropriation $6,847,527.00
Vendor#
settlement period
Blue Cross Blue Shield 6,804,000.00 (22,669.45) 03101/09-05131109
Medex 460,800.00 2,633.90 6/01/09-9/30109
Blue Cross Blue Shield MASS 47,733.73 154,503.14 10/1/09-12/31/09
Monthly Settlements 134,467.59 _
Consulting Fee's-J Sharry 7,437.00
Group Life-Prudential 21,594.14 134,467.59
Reinsurnace-HM Ins Group 257,376.05
Reinsurance-SSLIC -
Refunds/Adj (166,666.66)
Sub-total expenditures 7,566,741.85
Stop Loss Reimb. (821,807.95)
6,744,933.90
4/15/2010,3:31 PM,C:\Documents and Settings\mrees\Local Settings\Temporary Internet Files\0LK2E\FY10 Health Ins Trust Fund-actual.xls 2
WATER RETAINED EARNINGS PROJECTIONS -
(5% Reserve)
Water FYI FYI FY10 FYI Req. FYI Rec. %inc.over
per Recap Actual projected FY10 Bud.
03131/10
Operating Revenues
User Fees $5,010,486 $3,360,076 $4,155,914 $0 $242,573 -95.16%
Interest Pen $23,000 $15,978 $21,304 $0 $0 -100.00%
Hook Up Fees $40,000 $62,000 $62,000 $0 $0 -100.00%
Other Fees $500,000 $491,865- $655,820 $0 $0 -100.00%
Misc Revenue $0 $3,629 $3,629 $0 $0
Interest Income $8,000 $1,434 $2,510 $0 $0
Bond Premium $0 623 623 $00
Total Oper. Rev. $5,581,486 $3,935,606 $4,901,801 $0 $242,573 -95.65%
Expenses
Salaries $790,892 $617,007 $784,656 $0 $0 -100.00%
Expenses $1,342,287 $618,802 $923,769 $0 $0 -100.00%
Pr Yr Encumbrances $0 $3,873 $3,873
Debt Service $2,686,211 $1,505,771 $2,683,206 $0 $0 -100.00%
Capital Outlay $26,324 $26,324 $26,324 $0 $0
Indirects $623,712 $467,784 $623,712 $00 �0 -100.00%
Total Expenses $5,469,426 $3,239,561 $5,045,539 $0 -100.00%
$0 5%
Deficit/Surplus $112,060 $696,044 -$143,739 $242,573
Beg. Fund Bal -$98,834 -$98,834 -$98,834 -$242,573
Trans.Out/in $112,060 $696,044 -$143,739 242 573
End Fund Bal $13,226 $597,210 -$242,573 $0
The beginning fund balance of($112,060) represents the amount certified by the
Department of Revenue to be available for expenditures or rate mitigation as of
6/30/09. The actual retained earnings amount is ($ 98,834)
4/12/201010:09 AMFY10 Water and Sewer- retained earning updated as of 03-31-10.x1sWater
SEWER RETAINED EARNINGS PROJECTIONS
(5% Reserve)
Sewer FYI Org FYI FYI FYI Req. FYI Rec. %inc.over
Actual projected FYI Bud.
03/31/10
Operating Revenues
User Fees $4,156,253 $3,120,065 $4,096,821 $0 -$318,809 -107.67%
Interest/Penalties $20,000 $15,633 $20,844 $0 $0 -100.00%
Hook Up Fees $40,000 $82,723 $82,723 $0 $0 -100.00%
Other Fees $350,000 $242,603 $323,471 $0 $0 -100.00%
Misc Revenue $0 $100,644 $100,644 $0 $0
Interest Income $4,000 $2,709 $3,612 $0 $0
Bond Premium $0 $39,883 $39,883 $0 $0
Total Oper.Rev. $4,570,253 $3,604,261 $4,667,999 $0 -$318,809 -106.98%
Expenses
Salaries $394,887 $318,052 $403,680 $0 $0 -100.00%
Expenses $290,119 $150,462 $198,969 $0 $0 -100.00%
Pr Yr Encumbrances $0 $6,534 $6,534
GLSD Assessment $1,367,010 $983,283 $1,376,009 $0 $0 -100.00%
Settlement $56,000 $56,000 $56,000 $0 $0 -100.00%
Debt Service $2,078,454 $1,187,047 $2,151,812 $0 $0 -100.00%
Indirects $383,783 $287,837 $383,783 $0 s0 -100.00%
Total Expenses $4,570,253 $2,989,215 $4,576,786 $0 $0 -100.00%
$0 5%
Deficit/Surplus $0 $615,046 $91,213 -$318,809
Beg.Fund Bal $227,596 $227,596 $227,596 $318,809
Trans.Out/In $0 $615,046 $91,213 -$318,809
End Fund Bal $227,596 $842,642 $318,809 $0
The beginning fund balance of$136,158 represents the amount certified by the
Department of Revenue to be available for expenditures or rate mitigation as of
6/30/09. The actual retained earnings amount is$227,596.
4/12/201010:09 AMFY10 Water and Sewer-retained earning updated as of 03-31-10.xlsSewer
ONLY INCLUDES MAIN BILLING
Water Consumed
in 100_cubic feet Payment Payment
Dec 09 71578 9.27% 71.75% $ 686,757.26 20.43% 68.58% $ 556,116.29 17.82% 67.11%
Jan 10 78116 10.11% 81.87% $ 409,150.35 12.17% 80.75% $ 300,552.71 9.63% 76.74%
Feb 10 77653 10.05% 91.92% $ 266,696.70 7.93% 88.68% $ 263,975.33 8.46% 85.20%
Mar 10 62427 8.08% 100.00% $ 380,424.28 11.32% 100.00% $ 461,991.37 14.80% 100.00%
Apr 10 0 0.00% 100.00% $ - 0.00% 100.00% $ - 0.00% 100.00%
May 10 01 0.00% 100.00% $ - 0.00% 100.00% $ - 0.00% 100.00%
Jun 10 01 0.00% 100.00% $ - 0.00% 100.00% $ - 0.00% 100.00%
772487 100.00% $ 3,361,844.69 100.00% $ 3,121,083.79 100.00%
772487 Avg Last 3yrs 78.92% $3,361,844.69 Avg Last 3yrs 80.89% $3,121,083.79 Avg Last 3yrs 76.18%
Apr-June Proj 206336 Projected 21.08% $794,069.57 Projected 19.11% $975,737.67 Projected 23.82%
Total Proj 978823 100.00% $4,155,914.26 100.00% $4,096,821.46 100.00%
4/12/2010,10:13 AM,X:\My Documents Isavage's\FY2010\FY10 Water Sewer Rates\Water and Sewer Consumption FY06 thru FY10 YTD as of 03-31-
10.xls
ONLY INCLUDES MAIN BILLING
Water Consumed
in 100 cubic feet Payment Payment
Sept 07 135364 11.59% 31.75% $ 458,03157 9.31% 23.17% $ 313,907.48 9.74% 23.69%
Oct 07 103780 8.89% 40.64% $ 657,981.94 13.37% 36.55% $ 287,128.12 8.91% 32.60%
Nov 07 137323 11.76% 52.40% $ 501,129.46 10.18% 46.73% $ 250,939.67 7.79% 40.39%
Dec 07 84565 7.24% 59.64% $ 325,374.93 6.61% 53.35% $ 261,911.99 8.13% 48.51%
Jan 08 85402 7.31% 66.95% $ 347,145.32 7.06% 60.40% $ 152,579.31 4.73% 53.25%
Feb 08 86893 7.44% 74.39% $ 655,418.51 13.32% 73.72% $ 401,547.49 12.46% 65.71%
Mar 08 61090 5.23% 79.62% $ 389,763.71 7.92% 81.64% $ 344,549.33 10.69% 76.40%
Apr 08 70505 6.04% 85.66% $ 353,521.13 7.18% 88.83% $ 253,455.34 7.87% 84.27%
May 08 92173 7.89% 93.56% $ 228,949.47 4.65% 93.48% $ 191,474.60 5.94% 90.21%
Jun 08 752631 6.44% 100.00% $ 320,750.48 6.52% 100.00% $ 315,556.55 9.79% 100.00%
1167788 100.00% $ 4,920,313.10 100.00% $ 3,222,484.13 100.00%
Water Sewer
Payment Payment
Jul 08 94953 8.97% $ 395,644.39 9.44% $ 259,484.45 7.27%
Aug 08 128560 12.14% 21.11% $ 303,751.88 7.25% 16.68% $ 245,099.38 6.87% 14.13%
Sept 08 117432 11.09% 32.19% $ 493,613.84 11.78% 28.46% $ 391,003.76 10.95% 25.09%
Oct 08 94771 8.95% 41.14% $ 482,173.89 11.50% 39.96% $ 319,777.70 8.96% 34.04%
Nov 08 105856 10.00% 51.14% $ 412,643.03 9.84% 49.81% $ 313,559.01 8.78% 42.83%
Dec 08 69799 6.59% 57.73% $ 411,901.88 9.83% 59.63% $ 360,983.56 10.11% 52.94%
Jan 09 79609 7.52% 65.25% $ 274,024.55 6.54% 66.17% $ 177,779.38 4.98% 57.92%
Feb 09 78724 7.43% 72.68% $ 294,067.77 7.02% 73.18% $ 295,044.41 8.26% 66.18%
Mar 09 64443 6.09% 78.77% $ 346,731.66 8.27% 81.46% $ 368,116.99 10.31% 76.50%
Apr 09 73474 6.94% 85.70% $ 151,228.50 3.61% 85.06% $ 163,823.43 4.59% 81.08%
May 09 772471 7.29% 93.00% $ 298,062.09 7.11% 92.17% $ 326,010.96 9.13% 90.22%
Jun 09 741451 7.00% 100.00% $ 328,078.61 7.83% 100.00% $ 349,246.86 9.78% 100.00%
1059013 100.00% $ 4,191,922.09 100.00% $ 3,569,929.89 100.00%
Water Sewer
Payment Payment
Jul 09 8602') 11.14% $ 251,683.45 7.49% $ 240,489.64 7.71%
Aug 09 112305 14.54% 25.67% $ 370,683.74 11.03% 18.51% $ 395,908.12 12.68% 20.39%
Sept 09 99733 12.91% 38.58% $ 377,308.82 11.22% 29.74% $ 365,062.99 11.70% 32.09%
Oct 09 84194 10.90% 49.48% $ 273,548.33 8.14% 37.87% $ 251,876.31 8.07% 40.16%
Nov 09 1004581 13.00% 62.49% $ 345,591.76 10.28% 48.15% $ 285,111.03 9.14% 49.29%
4/12/2010,10:13 AM,X:\My Documents Isavage's\FY2010\FY10 Water Sewer Rates\Water and Sewer Consumption FY06 thru FY10 YTD as of 03-31-
10.xis
ONLY INCLUDES MAIN BILLING
Water Consumed
in 100 cubic feet Payment Payment
July 05 93296 7.77% $ 222,978.57 4.70% $ 188,879.06 5.87%
Aug 05 155255 12.93% 20.70% $ 383,973.59 8.09% 12.79% $ 387,784.82 12.05% 17.92%
Sept 05 148134 12.33% 3103% $ 474,007.59 9.99% 22.78% $ 307,879.28 9.57% 27.49%
Oct 05 111173 9.26% 42.29% $ 473,261.52 9.97% 32.75% $ 201,659.18 6.27% 33.76%
Nov 05 136302 11.35% 53.64% $ 642,208.87 13.53% 46.29% $ 344,869.68 10.72% 44.48%
Dec 05 85643 7.13% 60.77% $ 453,129.49 9.55% 55.84% $ 293,327.19 9.12% 53.60%
Jan 06 97382 8.11% 68.88% $ 673,897.97 14.20% 70.04% $ 291,461.75 9.06% 62.65%
Feb 06 73721 6.14% 75.02% $ 339,825.86 7.16% 77.20% $ 251,946.23 7.83% 70.48%
Mar 06 56260 4.68% 79.70% $ 336,649.07 7.09% 84.30% $ 295,273.93 9.18% 79.66%
Apr 06 78236 6.51% 86.22% $ 176,241.43 171% 88.01% $ 153,139.45 4.76% 84.42%
May 06 85975 7.16% 93.38% $ 250,170.50 5.27% 93.28% $ 195,319.50 6.07% 90.49%
Jun 06 79561 6.62% 100.00% $ 318,677.69 6.72% 100.00% $ 305,893.23 9.51% 100.00%
1200938 100.00% $ 4,745,022.15 100.00% $ 3,217,433.30 100.00%
Payment Payment
Jul 06 86613 7.75% $ 391,181.76 9.61% $ 231,513.25 8.86%
Aug 06 143208 12.81% 20.55% $ 223,762.35 5.50% 15.10% $ 150,761.08 5.77% 14.63%
Sept 06 115268 10.31% 30.86% $ 459,907.89 11.30% 26.40% $ 321,379.61 12.30% 26.93%
Oct 06 105245 9.41% 40.27% $ 451,697.65 11.09% 37.49% $ 178,639.89 6.84% 33.77%
Nov 06 104319 9.33% 49.60% $ 496,356.03 12.19% 49.69% $ 264,628.15 10.13% 43.90%
Dec 06 67976 6.08% 55.68% $ 270,286.34 6.64% 56.32% $ 209,057.62 8.00% 51.90%
Jan 07 86127 7.70% 63.38% $ 409,226.85 10.05% 66.38% $ 204,289.68 7.82% 59.72%
Feb 07 101630 9.09% 72.47% $ 249,410.51 6.13% 72.50% $ 153,705.43 5.88% 65.60%
Mar 07 66018 5.90% 78.37% $ 288,223.53 7.08% 79.58% $ 262,602.41 10.05% 75.65%
Apr 07 75661 6.77% 85.13% $ 267,543.19 6.57% 86.15% $ 208,818.59 7.99% 83.65%
May 07 783331 7.00% 92.14% $ 307,308.71 7.55% 93.70% $ 181,686.44 6.95% 90.60%
June 07 87907 7.86% 100.00% $ 256,510.24 6.30% 100.00% $ 245,616.81 9.40% 100.00%
1118305 100.00% $ 4,071,415.05 100.00% $ 2,612,698.96 100.00%
Water Sewer
Payment Payment
Jul 07 91780 7.86% $ 298,005.69 6.06% $ 203,079.78 6.30%
Aug 07 143650 12.30% 20.16% $ 384,238.89 7.81% 13.87% $ 246,354.47 7.64% 13.95%
4/12/2010,10:13 AM,X:\My Documents Isavage's\FY2010\FY10 Water Sewer Rates\Water and Sewer Consumption FY06 thru FY10 YTD as of 03-31-
10.xls
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ANNUAL TOWN MEKTIRN(---'("f
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NORI'M ANDO-IvIER
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Ille"'Ise ll-ringlllis Booklet Wilh You!
Additiolial Im"ok-madolt and updatesz r,7�",�:,kf)�sT�'tol'ito�-�'cii,.Iiiiio�'i'�,.Cl)�lI
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
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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 11`h, 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)*', the initial town
proposal*2, and the initial school proposal*3:
Prop 2 '/2+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" $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) 11 40
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 FY11 budget, however we need to continue to invest in
our infrastructure so we have new CIP proposals for FYI 1, which will impact the
FYI debt service line.
• $1.74 million infused in FYll 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 FYI and FYI 1) 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 I 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 I. 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/Z% 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 2'/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 malting 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
11`h, 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
I
"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 Regarding 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 Cleric 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 malting 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:
i
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
Charlie a,Salisbury.org
13
Town Bylaws Affecting Town Meeting
59-1. 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:
i
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
-Firefighter
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
Re ulations,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
NOnTM "..
it
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
Regarding 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 4/5rb 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 '/2 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
roceeds
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
Revolving Fund Account Recei is and Ex� endituress
Account FY09 FY09 Balance Receipts thru Expenditures
Number Revolving Fund Balance 7/1/08 Receipts Expenditures 06/30/09 03/31/10 thru 03/31/10 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
i
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 Pro;Sram - 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.
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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 —
Fireflghter. 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
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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
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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.
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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
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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
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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.
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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
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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;
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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-subject 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 SPCA 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 arid 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.
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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 1600 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
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Article 18 . Amend Section 16.2 of the Town of North Andover Zoninjz 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 CDD 1 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 I l4by 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.
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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
FY 11
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
FY11
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;
STEVENS ESTATE
AT OSGOOD HILL ENTERPRISE FUND
FYI FY11
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 Meetines. 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 Land Use Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health,, awd
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 revery 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 PlanninIZ 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 Actio
57
i
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
that, 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,
he Town may, by vote of the Town Meeting, have the following condition added to it: "provided
hat this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2
lebt exclusion referendum under General Laws Chapter 59, Section 21C(k)":
Fiscal Year 2011 CIP
Recommendations:
Town Manager's
Line# Project 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 $ 3,251,000
13 Meter Replacement B/N-W $ 450,000
Water Enterprise Fund Total $ 450,000
B/N-S $ -
R/A-S $ -
Sewer Enterprise Fund Total $ -
* Fund Codes spelled out below
58
FundinIZ 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 4413, 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 ireceived 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 ProvidinLy 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 3213, 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 6.3.21, 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 s ,.r.,..,, area of a is the enti,.e ., within „s single
emblems, or- other- figures, together-with any inateri-all eir en-lor for-ming all integm
i
..t of the display used to . iffe ntiate the sign from or- bss cacga vuaaaa against.
whielt it is plaeed. Str-uetural members bearing n hall not be .
(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 except as hereinafter
pfd 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
I
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.
§7.31 —Projections 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.
47.32—Projections 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—Projections 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 containin14 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: Favorable Action
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, 0 42)
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 enIzalZes in fortune tellinIZ for money, unless licenses under this bylaw,
shall be subject 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 Zoninjz 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: To Be Made at Town Meeting
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.G Section 3107-"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
NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, and the FEMA Flood
Bounda", & Floodway Map dated june 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 Floodway Maps-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 21 "Flood Resistant
Construction");
Or to take any other action relative thereto.
Division of Community Development
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
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, resil4n, 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 Meeting, 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
I
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 Warrant by posting true and attested copies thereof at the
Town Office Building and one public place in each voting precinct in the Town,said copies to
be posted not less than seven(7)days before the time of said meeting.
Hereof,fail not, and make due return of the Warrant with the doings thereon to the Town at the
time and place of said meeting. Given under our hands this Twelfth Day of April, in the Year
Two Thousand Ten.
NORTH ANDOVER BO 1 OF SELECTMEN
f�
Tracy M.Watson,Chairman
William F.Gordon
Daniel P.Lanen
Richard A.Nardella
Rosemary Connelly Smedile
North Andover,Massachusetts
�Jo ce A.Bradshaw,Town Clerk
Attest: A True Copy
72
i
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 w`vw.travel.state.gov 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
TUESDAY MAY 11, 2010
7:OOPM
NORTH ANDOVER HIGH SCHOOL
430 OSGOOD STREET
ri� ixi un ttnuiii i ut�iaf ri tF�ici€iioi E e,£ ptt_3 calt'3�SI91E
1111 1411M
}
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
Fire Chief Interview
o Promoting from within at times creates some difficulty for
the individual in that you are now supervising those you
previously worked with. What are your thoughts and how
do you handle such situations?
o What are your expectations for the Fire Department and
what do you hope to achieve as Fire Chief in the short-term
(1 to 2 years) and in the long-term (3 to 5 years)?
o What do you view as the strengths of the Department and
how do you intend to continue those attributes?
o What do you view as areas of the Department that need
improvement and how would you address those areas?
o With the annual operating budget in constant flux, how do
you intend to monitor expenditures to ensure the
Department stays within budget?
T. E
JAN 13 2010
HUMAN RESOURCES
My name is Andrew Melnikas . I have been a member of the North Andover Fire
Department since March 5, 1978 and have functioned in many roles since that time. The
duties of a firefighter range from fire suppression to serving on the ambulance as an
Emergency Medical Technician.
In 1985, after having passed a Civil Service promotional exam for Fire
Lieutenant, I was promoted and installed as the first Fire Prevention Officer for the town.
In this role, I was given the responsibility to enforce the codes and regulations according
to Massachusetts Law, Chapter# 148. In addition an inspection program was set up for
both the businesses in the town as well as for multi family dwelling units. On occasion,
the Fire Prevention Officer also has to deal with those issues/complaints from the
general public such as improper storage and blocked exits,
After being appointed the Fire Prevention Officer,then Fire Chief Dolan asked
that I become the Fire Safety Educator for the town as well. This involved creating
lesson plans on child fire safety and implementing them in the classroom of our
elementary schools. Programs were also offered to other groups such as the seniors, boy
s. Around 1995
scouts, girl scouts, and babysittmg group , Chief Dolan and I were able to
raise funds in the town so that we could purchase a Fire Safety House, North Andover
and the City of Boston were the first to receive this new technology in the world of fire
safety training. It is a mobile home designed similar to a family home in that it has a
kitchen, a living room, and an upstairs bedroom. The instructor is able to create a smoke
condition within the Fire Safety House and the students are tested on their retention of
what was learned in the classroom by crawling low in a smoky atmosphere. We replaced
the initial Fire Safety House with a new model in 2004. I would be remiss if I did not add
that I have always had the support of my fire chief, having worked under both Fire Chief
Dolan and Fire Chief Martineau .
Being an educator has served me well in my role as Fire Prevention Officer. In
addition to serving the residents of North Andover, I have been on the staff of North
Shore Community College for several years, teaching in their Fire Science Program.
The future of the fire service, I believe, will be centered in the areas of fire
prevention and fire education, rather than fire suppression. Fire incidents have been
declining , no doubt in part to the technological advances in the building industry as well
as to the increased focus on getting the fire safety messages out the the general public. I
believe my background serves me well as we go forward in to the future of the fire
service. It is for these reasons that I am applying for the position of Fire Chief in the
Town of North Andover.
60 Wentworth Ave N.Andover 978 6850251
Andrew Meinikas
Objective Secure the position of Fire Chief in the Town of North Andover
Experience 1997 to Present North Andover Fire Department
Fire Prevention Officer
■ Responsible for the enforcement of codes and regulations under
Massachusetts General Law, Chapter 148. In addition I am intimately
involved in plan review of new structures and housing developments.
1990 to 1997
Line Officer at Fire Station One
• Responsible for the direct supervision of six firefighters
• Direct and supervise the training programs developed by the
department
• Act as the Officer in Charge at an incident until such time as the Fire
Chief or Deputy arrive on scene
• Received the Fire Educator of the Year Award
1985 to 1990
Fire Prevention Officer
• Develop the Office of Fire Prevention as I was the first person installed
in a newly created position
• Enforce the codes and regulations under Massachusetts General Law,
Chapter 148
• Develop and present a Fire Safety Education program for the citizens
of North Andover
• Applied for and received S.A.F.E.Grants forteaching programs
1978 to 1985
North Andover Fire Fighter
• Worked as a day man for approximately the first year
• Worked at Station#2 under the guidance of Lt W. Iminski
• Performed ambulance duties after having successfully taken and
passed an Emergency Medical Training course.
Education 1969 to 1973 Merrimack College
■ B.A.,Teaching degree,major in French,minor in Spanish
■ Associates Degree in Fire Science from North Shore Community
College, where I am currently on staff teaching in the Fire Science
program
Interests My interests vary from watching and coaching my children through their
careers in youth athletics to gardening,to doing dog agility training.
I
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
'f °?
�,�QpRATtp PPt�y
SSACNU`�E
RESOLUTION CREATING A
FACILITIES MANAGEMENT CONSOLIDATION TASK FORCE
Whereas, The North Andover Board of Selectmen and School Committee have agreed to work together to
consolidate support services so as to enhance services, create efficiencies and conserve funds; and
Whereas, The Municipal and School Departments have already demonstrated the capacity to work jointly
together through the consolidation of purchasing and information technology functions; and
Whereas, Another support area that has been identified as a possible service that could benefit from
consolidation is facilities management.
Now Therefore,Be It Resolved by the North Andover Board of Selectmen and School Committee that a Facilities
Management Consolidation Task Force is hereby created consisting of the following members:
- School Business Administrator James Mealey
- Assistant Town Manager Ray Santilli
- Public Works Director Bruce Thibodeau
- Supervisor of Operations and Maintenance Vincent Valentino
- Youth Services Director Rick Gorman
- A member of the Board of Selectmen
- A member of the School Committee
- A member of the Finance Committee
- A town resident appointed by the School Committee
- A town resident appointed by the Board of Selectmen
And that furthermore,that this task force complete the following:
1. Conduct a best practices analysis by reviewing the work of other communities that have successfully
consolidated facilities management.
2. Inventory existing facilities management services both in house and by contractors. Document support
and delivery requirements.
3. Develop a mission statement for the consolidated Facilities Management Department.
4. Define responsibilities of the consolidated Facilities Management Department and departments/operations
being supported.
5. Prepare a consolidated budget including appropriate staffing levels and job descriptions.
6. Develop an implementation plan for consolidation including milestones and a schedule for achievement.
Within 180 days of the first meeting of the task force.
Approved by the Board of Selectmen on
Approved by the School Committee on
INTEROFFICE MEMORANDUM
i
II
DATE: April 22,2010
TO: Mark Rees,Town Manager `
FROM: Bruce Thibodeau,Director DPW
RE: Spring vs.Fall Clean Up
In the spring season we do a Town wide yard debris collection with the Tree Crew. The intent is to
pick up branches and twigs that have fallen during the winter storms. It is not intended for private tree
work such as cutting limbs and removing whole trees that have been cut down. We usually do this for
the month of April on the trash pick up days for each area. However, due to the sheer volume of the
debris we never get more that one to two complete rounds of the Town completed in that time. This
usually will take up two crews,the tree crew and another made up of the employees doing other street
work. As a result for those four weeks no tree work is being done,unless it is an emergency, and the
pot hole and winter damage repair is impacted.
In the fall we do three weeks of leaf pick up.
I will continue to monitor the situation,particularly on what it costs us to do the spring clean up, and
make a recommendation to you on modifying the spring clean up.
Page 1 of 1
Rees, Mark V/Il
From: Rees, Mark
Sent: Thursday,April 22, 2010 2:30 PM
To: Santilli, Ray
Subject: RE: Utility Abatement Review Board
Thanks Ray, I will add it to the agenda for Monday. Could you please give an update to the resident who
wants to place an appeal before them?
Also, could you provide me with a hard copy of the policy?
Thanks
Mark H. Rees
Town Manager
Town of North Andover
120 Main Street
North Andover, MA 01845
email: mrees(a)_townofnorthandover.com
Phone: 978-688-9510
Fax: 978-688-9556
From: Santilli, Ray
Sent:Thursday,April 22,2010 1:30 PM
To: Rees, Mark
Subject: Utility Abatement Review Board
According to the adopted policy,the Utility Abatement Review Board shall consist of:
■ One Selectman selected by the full Board
• The Director of Finance&Administration,or at his option,the Town
Accountant
• A resident of North Andover appointed by Board of Selectmen for a term of
two years. If the resident member shall be unavailable to hear a matter or shall
be disqualified by conflict or other reason,a special alternate member shall be
similarly appointed.
Comments:
• The original(and only)selection of a Selectman was in September 2003 so
unless it was Rosemary that person is no longer on the Board. Since the
selection is"by the full Board"it would appear the current Board needs to
make that decision.
• There no longer a Director of Finance&Administration so it appears that Lyne
as Town Accountant is a member by default.
• Sam Ameen was appointed as the resident member in September 2003 for a
two year term. He was never re-appointed. However,as Sam is scheduled for
surgery next week,you may need to consider someone else for appointment.
J&W Sand
Assistant Town Manager
&Human Resources Director
Town of North Andover
4/22/2010
I
i
I
TOWN OF NORTH ANDOVER
Policy on the abatement or adjustment of water and sewer charges
Adopted by the Board of Selectmen on
I) `Jh NERAL STATEMENT OF POLICY
The co,t a�sociated with the operation of the Town's water and sewer services are paid for by users
charge s ,nur rant to an enterprise accounting system. These charges, for the most part, are detennined by
the am ,,Ani o,`the service consumed, i.e., the number of water units used or sewerage treated. Custmni,r,-
are al,,.-. ;harged for miscellaneous services such as meter replacements, unplugging pipes, connection
fees a!au other occasional services. Since errors can and do occur in recording and calculating
consurnp!ion of water and sewer services as well as in the calculation of miscellaneous charges, it is the
policy o`tile town to corre;;t such errors and to make a corresponding adjustment in customers' bills.
For bitiiug purposes the Tc wn assumes that sewerage use equals water use. When a customer can �
demow,trate that a quantit}- of water billed to the user did not go into the sewerage systern, the town will
make a nea,onable adjustment in the user's bill.
This policy establishes a fo:.-mal appeal process by which a.customer can obtain a review of a
detenni-cation regarding a customer's application for abatement or request for adjustment if the user is riot.
satisfies; by a decision by fl,e Director of Public Works or if the user seeks an abatement or adjustment
that is , _;i within the powe, of the Director to grant.
lI) UTHORITY FOR THIS POLICY:
A) -he "C own of North Andover Charter, accepted lay the voters on March 3, 1986 and effective o.A
October i, 1986.
B) i he provisions on Mass. Gen. Laws c. 44, Section 53F1/2 Enterprise Funds, adopted in Article 5
of the '98 Annual Town Meeting to establish Water Enterprise Fund and Article 6 of said Town
Meeting, to establish a Sewer Enterprise fund.
1
III) ]TOR dIS:
IA'hen required under this policy requests for abatements or adjustment must be submitted to the Divisi on
of Public Works in writing and the Division will supply forms to be used to provide the information
needed to act upon the matter. These forms include the following. They may be revised from time to
time:
Application for Water and/or Sewer Abatement.
Request for adjustment of Water and/or Sewer Bill
Appeal to the Utility Abatement Review Board
Sewer Abatement Plumber's Verification
IV) DEFINITIONS:
A) Abatement: A change in a issued utility bill for reasons not attributable to errors made in
calculating the utility bill or demonstration of non-use of a service.
B) Adjustment: A change in a issued utility bill for reasons attributable to errors made in calculating
the utility bill or because it was demonstrated that the service was not used.
Q Billing Period: The period of time between one reading of a meter (either actual or estimated) and
a second reading of a meter(either actual or estimated) when the difference between the meter readings is
used to calculate consumption of a utility service.
V) SPECIFIC PROVISIONS:
A) Grounds for Abatements:
1) Unexplained excessive reading:
If a meter records a volume of water during one billing period that is excessive in relation to the volume
of water recorded for the account of the same customer during the eight billing periods for quarterly
customers or twenty four billing periods for monthly customers (at a minimum) before the period of the
excessive reading., and if
the customer demonstrates that there has been no change in the occupant(s)' customary pattern of usage,
and if
the excessive,volume results in application of a second (or third) tier billing rate,
Then, upon receipt of a written abatement request, the Division of Public Works will investigate the
abatement request. If the Director of Public Works finds that the above conditions exist, any volume
billed at the second (or third) tier during the billing period will be re-computed so that the water and
sewer usage charges will be billed at the first tier rate. In determining whether the volume of water
recorded is excessive, the Director will compare the average monthly rate of usage during the relevant
billing period with the average monthly usage rate during the prior eight billing periods for quarterly
2
VI) SUBNIISSION OF APPLICATIONS FOR ABATEit'IENTS AND Rr,-Q1)F,STS FOR
ADJUSTMENTS:
Applications for abatements and requests for adjustments must be submitted within 12 months after the
end of the billing period for which an abatement or adjustment is sought. No retroactive adjustments will
be made for billing periods ending more than 12 months before the request was submitted.
No application for abatement or adjustment will be accepted on any account unless all amounts due on
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that account, including interest and penalties, for all billing periods prior to the payment period covered
by the abatement or adjustment application have been paid in full.
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Applications for abatement and requests for adjustment that are on file at the time of adoption of this
policy will be governed by this policy. Such pending applications or requests will be eligible for
favorable action for all billing periods to which they relate.
VII) PROCEDURE FOR SUBMISSION OF APPLICATIONS FOR ABATEMENT, REQUESTS
FOR ADJUSTMENTS AND APPEALS TO THE UTILITY ABATEMENT REVIEW BOARD:
A) Administrative Review and Action (Step_1)
Customers seeking abatements or requesting adjustments must contact, either orally or in writing, the
Division of Public Works. They will be directed to an employee who has been designated by the Public
Works Director to process abatement applications and requests for adjustments (hereinafter the "Review
Officer") If the customer has not submitted in writing a completed Application for Water and Sewer
Abatement or Request for Adjustment, and if the Review Officer thinks that such a formal application or
request will be useful in reaching a decision on the matter, the Review Officer will assist the customer in
completing the application or request. By so doing, the Review Officer undertakes no responsibility for
the correctness or the completeness of the application or request except with regard to information
furnished from the records of the Division on the date they are completed and filed.
Upon receipt of the abatement or adjustment request, the Review Officer shall take one of the following
actions:
If the Review Officer determines that a billing adjustment with amount of$5,000 or less as provided in
Section V.B. of this policy is necessary, the Review Officer will approve the adjustment and prepare a
bill consistent with the adjustment. The Review Officer shall comply with the record keeping
requirements detailed in Section VIII of this policy. If the amount of the adjustment is in excess of
$5,000,the Review Officer shall submit the request directly to the Utility Abatement Review Board as
provided under step 2 of the review process.
If the Review Officer determines that an abatement or adjustment as provided in Section V.A of this
policy is required, the Review Officer will forward the abatement or adjustment request to the Director of
Public Works as provided under Step 2 of the Review process.
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If the Review Officer detenniners that an abatement or adjustment as provided in Section V.0 of this
policy is required, the Review Officer will forward the abatement or adjustment request to the Utility
Abatement Review Board as provided under Step 3 of the Review process.
The Review Officer will endeavor to respond promptly to abatement applications and requests for
adjustment and must do so within 30 days after the date a completed application or request has been
received by the Department, unless both parties agree to an extension in writing.
All abatement applications or requests for adjustment that are not resolved by the Review Officer, or are
not finally acted upon within 30 days after submission of a completed application request, will be
transferred promptly by the Review officer to the Director of Public Works for review. The Review
Officer may refer any application or request, and customers may have their applications or requests
referred, to the Director of Public Works or the Utility Abatement Review Board for initial action within
the 30 days. The Division shall promptly notify each customer whose application has been referred to the
Director of Public Works and shall provide a copy of this policy to such customer.
B) Director of Public Works Review: (Step 2)
Customers who have not completed an Application for Abatement or Request for Adjustment in Step 1
must do so and submit it to the Director of Public Works. The Division of Public Works will, on request,
assist the customer in completing the application. By so doing, the Division undertakes no responsibility
for the correctness or the completeness of the application except with regard to information furnished
from the records of the Division of Public Works.
The Director of Public Works, will, within 30 days after receipt of an Application for Abatement or
Request for Adjustment, including recommendations from the Review Officer, decide whether to grant or
approve the requested relief Said decision shall be in writing and include the reasons therefore. If the
Director of Public Works does not make a decision within 30 days after receipt of the Application for
Abatement or Request for Adjustment in Step 2, the time for action will be automatically extended for an
additional 30 days unless the customer requests in writing that the matter be referred to the Utility
Abatement Review Board. If the Director of Public Works has not made a decision within the extended
time, the abatement or request will be deemed granted subject only to arithmetic verification by the
Division.
The Director of Public Works shall be authorized only to decide applications for abatement or request for
adjustments in amounts not to exceed $5,000. For amounts greater then $5,000, the Director of Public
Works shall submit a written recommendation to the Utility Abatement Review Board for approval.
C) Utility Abatement Review Board (Step 3)
The Utility Abatement Review Board will hear appeals from Step I and 2 under the conditions stated in
this policy, review abatement or adjustment decisions in excess of$5,000 and will also act upon
abatement applications and request for adjustments that are not covered by other provisions of this policy.
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The Utility Abatement Review Board shall consist of
-One Selectmen selected by the frill Board,
-The Director of Finance and Administration, or at his option, the Town Accountant,
-A resident of North Andover appointed by the Board of Selectmen for a tern of two years. If the
resident member shall be unavailable to hear a matter or shall be disqualified by conflict or other reason, a
special alternate member shall be similarly appointed.
Failure to submit the request for appeal from a determination of the Director of Public Works within 30
days of receipt of the Director's decision shall result in the customer's appeal rights being nullified.
The Utility Abatement Review Board will hear the customer and a representative of the Division of
PublicWorks and their witnesses, if any, and will receive such documentary evidence as it deems relevant
to the matter before it. The Utility Abatement Review Board will keep a record of its proceedings. Its
proceedings and records are subject to the Open Meeting and Public Records laws of the Conimonwealth
as well as any requirements set forth in the Town's by-laws for all boards and committees.
The Utility Abatement Review Board will decide any action or appeal under Step 1 or 2 within 60 days
after receipt of the appeal or recommendation from the Director of Public Works, unless the customer and
the Utility Abatement Review Board both agree in writing during said 60 days to an extension to a
specific date. Unless such an agreement has been made, if the Utility Abatement Review Board fails to
make a determination and notify the customer thereof within 60 days after receipt of an action or appeal,
the abatement or adjustment will be automatically granted subject only to arithmetic verification by the
Division.
All Decisions will be in writing, will state the reasons for the decision and the amount, if any of the
abatement or adjustment. Decisions of the Utility Abatement Review Board are final, subject only to
such judicial review as may be available under the laws of the Commonwealth of Massachusetts.
VIII) RECORD KEEPING:
The Division of Public Works will maintain a log of all abatement applications and requests for
adjustment, whether oral or in writing, that shall include the customer's name, account number, the reason
for the abatement or adjustment and its resolution. Copies of this log shall be distributed each month to
the Board of Selectmen, and the Town Manager. The Division of Public Works will also maintain a file
of all applications for abatement, that shall include the written application, the results of any investigation,
the action taken and the reasons therefore. The file shall be subject to the Public Records Law
IX) PARTIAL PAYMENT OF CONTESTED BILLS, ACCRUAL AND REMISSION OF
INTEREST AND PENALTIES:
Customers who file abatement applications or requests for adjustments are required to have paid all
uncontested prior bills (including penalties and interest, if applicable) and to pay against each contested
billing period an amount no larger than the bill prior to the contested billing per No interest,
penalties or late charges will accrue on the unpaid portion of contested bills while the application or
request is under review.
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Should all or part of an abatement application or adjustment request be granted, any reimbursement to the
customer, at the customer's option, will be credited against future bills or refunded. Any interest,
penalties or late charges accrued or paid on any amounts abated or adjusted «rill be remitted.
Should all or part of an abatement application or adjustment request be denied, the customer must pay an
amounts due to the town within 30 days after the final decision is received by the customer. Any amounts
not so paid will accrue interest, late charges and penalties commencing on the date the payment to the
Town is due.
X) METHOD OF GIVING NOTICE:
The Division of Public Works will transmit all written communications permitted or required to be given
under this policy by registered or certified U.S. Mail, return receipt requested, directed to the billing
address of the customer unless the customer has notified the Division of Public Works in writing of a
different address.
For the purpose of the time limitations in this policy, the date of the post mark on communications
directed to or from the Division of Public Works and for communications delivered by hand to the
Division of Public Works the date of receipt, shown by the date stamp of the Division of PublicWorks
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will be conclusive.
B iILatatementoradjustmentpolicy
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