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Home My WebLink About2006 Annual Town Report Y H� + r. r r / 00000000000 i0 r / , / r / r riiiii/////// On the Cover:Memorial Park,Main Street. Memorial Park,located adjacent to Stevens Memorial Library,was designed in 1922 as the center- piece for"Tavern Acres,"one of the first planned residential subdivisions in the Merrimack Valley. The park is dedicated as a site for the the location of the World War Memorial and as a Patriots Memorial Park in honor of the men and women of North Andover who, during its two hundred seventy-five years of existence,have rendered the State or Nation patriotic service of either a civic or military nature.Recently, as part of a restoration of the park that began in 1996,the monuments to town veterans of World War II and the Korean and Vietnam Conflicts were moved to the park. Tavern Acres is, to quote landscape historian Peter Hornbeck, "a handsome neighborhood oasis and a signature work of the celebrated and preeminent design firm of Olmsted Brothers Landscape Architects."The Olmsted Brothers plan for Tavern Acres can still be seen today in the green leafy open spaces of Memorial Park and the surrounding curving tree-lined streets, settings for the 20 Arts and Crafts houses built from 1920 to 1923.The houses,library,and park were listed as Tavern Acres Historic District by the National Register of Historic Places in 1995. Text courtesy North Andover Improvement Society. Table of Contents North Andover Service Listings Division of Community Services Our Town 3 Affirmative Action Program 57 Town Offices 4 Commission on Disability Issues 59 Town Officers and Committees 9 Housing Authority 62 General Government School Department Board of Selectmen and Town Manager 13 Superintendent of Schools/Schools Assessors Office 15 and Departments 64 Town Treasurer 16 Town Clerk 17 Town Meetings and Elections Annual Town Election, March 28, 2006 74 Community Development and Services Annual Town Meeting Minutes, May 8, 2006 76 Community Development and Services 18 Special Town Meeting Minutes,July 10,2006 118 Animal Inspector 21 Board of Appeals for Zoning 22 Financial Reports Building Department 23 Executive Summary Revenue Status 125 Conservation Commission 23a Revenues Status 126 Council on Aging 24 Executive Summary Budget Status 131 Health Department 27 Budget Status 134 Historical Commission 30 Water FY06 Operating Results 144 Planning Department 31 Sewer FY06 Operating Results 145 Recreation Department 33 Stevens Estate at Osgood Hill Stevens Memorial Library 34 FY06 Operating Results 146 Veterans' Services 39 School Enrollment 147 Youth Services Department 41 Supplement Division of Public Safety Report on Examination of Basic Emergency Management 43 Financial Statements for the Fire Department 44 Fiscal Year ended June 30, 2006 Police Department 45 Division of Public Works Division of Public Works 47 North Andover Service Listings Our Town INCORPORATED ASSESSED VALUATION April 7,1855 Real Estate Only $4,573,701,819 Personal Property $77,931,290 SITUATION Total $4,651,633,109 About 24 miles north of Boston Latitude 42°40" TAX RATE Longitude 717' For the period from July 1,2006-June 30,2007 Residential$10.45,Commercial $12.63 COUNTY Essex TAX BILLS Tax bills are paid quarterly. Payments are due on August 1, POPULATION November 1,February 1,and May 1.If unpaid by due date, 30,145 interest will be added according to law from the date due to the date payment is made.Motor Vehicle Excise is due thirty AREA days from date of issuance.Water bills are issued quarterly Approximately 26.63 square miles and are due 30 days from date of issuance. ELEVATION ANNUAL TOWN ELECTION 91 feet.847 inches above sea level at Town Building Last Tuesday in March TOWN HALL TOWN MEETING Built in 1925 Open Town Meeting Meets in May SENATORS IN CONGRESS PRECINCT VOTING LOCATIONS* Edward Kennedy(617)565-3170 John Kerry(617)565-8519 All precincts vote at North Andover High School, 430 Osgood St. REPRESENTATIVE IN CONGRESS Polls open 7:00 A.M.until 8:00 r.nt. John Tierney(508) 531-1669 Call Town Clerk's Office at(978) 688-9501 for information. STATE REPRESENTATIVES 14th Essex—Precincts 1,2,3,4,5,and 6 David M.Torrisi(617) 722-2396 18th Essex—Precincts 7 and 8 Barbara A.L'Italien(617) 722-2100 STATE SENATORS 1st Essex Precincts 1,4,6,and 8 Steven Baddour(617) 722-1604 1st Essex and Middlesex Precincts 2,3,5,and 7 Bruce E.Tarr(617) 722-1600 *Polling locations subject to change. — 3 — Town Offices FIRE DEPARTMENT TOWN CLERK 124 Main Street 120 Main Street Emergency: 911 PHONE: (978) 688-9500 PHONE: (978) 688-9590 FAX: (978) 688-9557 FAX: (978) 688-9594 HOURS: Monday—Friday 8:30-4:30 BUSINESS HOURS: 8:30-4:30 SCHOOL ADMINISTRATION POLICE DEPARTMENT 43 High Street 566 Main Street PHONE: (978) 794-1503 Emergency: 911 FAX: (978) 794-0231 PHONE: (978) 683-3168 HOURS: 8:00-4:30 FAX: (978) 681-1172 TTY: (978) 683-3168 North Andover High School HOURS:24 hours a day 430 Osgood Street (978) 794-1711 ANIMAL CONTROL North Andover Middle School PHONE: (978) 683-3168 495 Main Street (978) 794-1870 PUBLIC LIBRARY Atkinson Elementary School 345 Main Street 111 Phillips Brook Road PHONE: (978) 688-9505 (978) 794-0124 FAX: (978) 688-9507 Franklin Elementary School HOURS: Please call for hours 2 Cypress Terrace (978) 794-1990 PUBLIC WORKS Kittredge Elementary School 384 Osgood Street 601 Main Street PHONE: (978) 685-0950 (978) 794-1688 FAX: (978) 688-9573 HOURS: Office 8:30-4:30 Sargent Elementary School 300 Abbott Street (978) 794-3673 SENIOR CENTER 120R Main Street Thomson Elementary School PHONE: (978) 688-9560 266 Waverly Road FAX: (978) 688-9563 (978) 794-1545 HOURS: 8:30-4:30 TOWN MANAGER 120 Main Street PHONE: (978) 688-9510 FAX: (978) 688-9556 — 4 — ASSESSORS COMMISSION ON DISABILITIES 120 Main Street American Disabilities Act Coordinator PHONE: (978) 688-9566 FAX: (978) 688-9556 CONSERVATION COMMISSION Exemption Applications 1600 Osgood Street Motor Vehicle Excise Questions PHONE: (978) 688-9530 Property Assessments Wetlands Information Tax Rate Information COUNCIL ON AGING-SENIOR CENTER BOARD OF HEALTH 120R Main Street 1600 Osgood Street PHONE: (978) 688-9560 PHONE: (978) 688-9540 HOURS: Monday—Friday 8:30-4:30 Communicable Diseases Info/Surveillance Alzheimer's Identification/Intervention Program Environmental Health Concerns Assistance Programs Food Establishment Permits/Complaints Blood Pressure Clinics Food Sanitation Training Programs Choral Group Health Screening:Blood Pressure,TB Discussion Group Home Visits Educational Programs Housing:Requirements for safe and sanitary housing Elders at Risk Influenza Fitness Programs Nuisance and Sanitation Complaints Free Pamphlets Public Swimming Pool Permits Friendly Visitor Program Rabies Vaccination Clinics:Dogs and Cats Fund-Raising Recreational Camp Permits Handicapped Accessible Subsurface Sewage Disposal:Permits and Health Care Proxy Information on Location Health Screenings Tanning&Massage Est.Permits Home Care Services Tobacco Control Program Homestead Act Vaccine Depot Immunization Programs Well Drilling Permits Income Tax Assistance Informational and Referral BUILDING DEPARTMENT Lectures 1600 Osgood Street Lending Library PHONE: (978) 688-9545 Lunch Program ADA Coordinator Magazines and Newspapers Building Permits Meals on Wheels Building Information Memorials Demolition Permits Monthly Parties Fireplace&Chimney Permits Newsletter Gas Permits Outreach Masonry Permits Recreational Programs Occupancy Permits Senior/Disabled Tax Relief Program Plumbing Permits SHINE (Serving Health Insurance Needs for Elders) Relocating Structure Permits Telephone Reassurance Program Replacement Door Permits Transportation Programs:Medical&Grocery Replacement Window Permits ShoppingVolunteer Opportunities Roofing Permits Weight Maintenance Program Sealer of Weight and Measures Widows/Widowers Support Group Sign Permits Swimming Pool Permits Tent Permits Vinyl Siding Permits Woodstove Permits Zoning By-Law Enforcement/Questions — 5 — EMERGENCY MANAGEMENT SERVICES Music CDs PHONE: (978) 688-4904 On-line Periodical Database Auxiliary Police Original Art for Loan Disaster Services Phonedisc Evacuation Coordination Services Photocopies(reduce and enlarge) Liaison for State and Federal Agencies Records Local Emergency Planning Committee Rental Books Radio Communication Capability with Local, Reference Services State and Federal Agencies Special Programs for Adults and Young Adults Storyhours/Children's Programs EMERGENCY MEDICAL SERVICES Talking Books for the Blind Tax Forms PHONE:911 Television with Cable TV Hook-up Videos FIRE DEPARTMENT 124 Main Street PARKING CLERK PHONE: Emergency 911 120 Main Street Non-Emergency(978) 688-9590 PHONE: (978) 688-9550 Blasting Permits Parking Ticket Information/Payment Burning Permits 1/15-5/1 Fire Prevention PERSONNEL Fire Inspection- Smoke Detectors Flammable Liquids/LP Gas Permits 120 Town Hall Oil Heat Appliance Installation Main Street PH Sprinkler Fire Alarm Plan Review PHONE: (978) 688-9516 Town Employment Opportunities Sprinkler Installation Underground Fuel Tank Installation/Removal PLANNING Permits 1600 Osgood Street LIBRARY PHONE: (978) 688-9535 345 Main Street Flood Maps PHONE: (978) 688-9505 Planning Board Agendas FAX: (978) 688-9507 Site Plan Review Anne Bradstreet Collection Subdivision Plans Book Discussion Series Zoning By-Law Books Zoning Map Information Books on Tapes Boston Globe on CD-ROM POLICE DEPARTMENT Camcorder 566 Main Street Cassette Players PHONE: Emergency 911 Computers(PC and Mac) Non-Emergency(978) 683-3168 Conference Room FAX: (978) 681-1172 Dial-Up Access TTY: (978) 683-3168 Exhibits Adult Police Academy Friends of Stevens Memorial Library Alcohol Server Training Information Geneology and Local History Animal Control Handicapped Accessible Auction Permits Inter-Library Loan Bicycle Helmet Sales Language Tapes Bicycle Registration Large Print Books Burial Permits (Non-Business Hours) Magazines and Newspapers Business Security Surveys Meeting Room Car Seat Loan Program Merrimack Valley Library Consortium Member Child Identification Program Museum Passes Citizen Advisory Council — 6 — Community Policing SCHOOL ADMINISTRATION— Crime Watch SUPERINTENDENT'S OFFICE D.A.R.E.Program 43 High Street Detective Hot Line PHONE: (978) 794-1503 Firearm Permits FAX: (978) 794-0231 School Safety Questions Art:K-12 Student Police Academy Town Emergencies(Non-Business Hours) Athletics(794-3144) Traffic Control and Safety Issues Community Schools Program (978-794-3080) Day Care Programs PUBLIC WORKS Breakfast Club Extended Kindergarten 384 Osgood Street KidStop! PHONE: (978) 685-0950 EXCEL Enrichment Program EMERGENCY(Non-Business Hours):(978) 683-3168 High School SAT Prep FAX: (978) 688-9573 High School Driver Education HOURS: Monday—Friday 8:30-4:30 Men's Basketball Field and Park Maintenance Summer School Boat and Fishing Permits -Lake Cochichewick Academic Remediation Pothole and Road Hazard Repairs Camps Public Tree Issues Technology Training Recycling Permits Computers:K-12(978-794-3144) Sewer Connections Continuing Education(978-794-1711) Sewer Blockages English as a Second Language Snow Removal Regulations Literary Publications Street/Sidewalk Resurfacing Info. Music:K-12 Trash&Recycling Collection Info. Physical Education:K-12(978-794-3144) Water Connections Special Education:Pre-School-12 (978-794-1717) Water Leaks Water Main Replacement SCHOOL CLOSINGS Water Meters When weather conditions cause schools to be closed or to Watershed Information delay their openings, PLEASE DO NOT CALL THE RECREATION SCHOOL DEPARTMENT, POLICE DEPARTMENT, OR FIRE DEPARTMENT. PHONE: (978) 682-9000 Arts in the Parks/Childress Theatre Announcements are made on GOVERNMENT ACCESS Band Concerts CHANNEL 22, local television stations (WBZ—Channel Boys Basketball 4, WCVB—Channel 5, WHDH—Channel 7) and radio Field/Park Administration stations (WBZ AM, WRKO AM, WBMX FM,WCCM Field/Playground Permits AM,WLLH AM WHAV AM). Field Trips Girls Basketball SELECTMEN'S OFFICE Girls Softball Town Hall,Second Floor Indoor/Outdoor Skating Information PHONE: (978) 688-9510 Parent Guide to Children's Resources. Appointments—Boards/Commissions Playground Areas Selectmen's Meeting Agendas Program Information/Registration Utilities Hearings Seasonal Employment/Volunteer Opportunities Sports Organization Information STEVENS ESTATE AT OSGOOD HILL Tennis Court Passes Women's Softball 723 Osgood St. PHONE: (978) 682-7072 Facility Rental Information — 7 — TOWN CLERK VETERANS' SERVICES Town Hall,Main Floor Town Hall PHONE: (978) 688-9500—General Information PHONE: (978) 682-6378 (978) 688-9501 Town Clerk All Veteran Benefits Absentee Ballots Discharge Papers Recorded Alcoholic Liquor License Flags and Holders for Graves Appointed Committee Listing Headstones and Grave Markers Automatic Amusement Device License Veterans'Assistance Birth Certificates Bowling Alley/Billiard License YOUTH SERVICES Business Certificates 33 Johnson St. Census Information/Jury List PHONE: (978) 682-9000/688-9515 Certification of Petitions EMERGENCY BEEPER: (508)387-4919 Class I—Dealer License Crisis Intervention Class II—Used Cars License Information and Referral Class III Junk Dealer License Social Programs Common Victualler License Recreation Programs Coordinates Annual Town Report Juvenile Court Services Death Certificates Support Services Dog License—due January 1 Student-Run Services Elected Officials Current Listing Adventure Programs Entertainment License Ropes Course Fishing and Hunting License Clothes Closet Justice of the Peace Summer Programs Marriage License Job Bank Massachusetts Income Tax Forms Peer Mediation Nomination Papers Joseph N.Hermann Youth Center Notary Public Prevention Programs Passports 24-Hour Emergenc Response Raffle Permits Attendance Officer Residential Street Listing Holiday Giving Program Voter Registration Parenting Programs Family Services TREASURER/TAX COLLECTOR Youth Concert Series Town Hall,Main Floor PHONE: (978) 688-9550 Betterments Motor Vehicle Excise Tax Payments Municipal Lien Certificates Parking Ticket Payments Real Estate Information/Payments Water/Sewer Bill Payments — 8 — Town Officers and Committees Officials and Term Expiration Dates ASSESSORS, BOARD OF CONSERVATION COMMISSION David J.Minicucci, Chairperson 2007 Scott Masse, Chairperson 2007 George R. Barker,Jr. 2007 Albert P.Manzi,Jr. 2008 Ernest Jones 2007 Deborah Feltovic 2009 Joseph W. Lynch 2007 BUDGET DIRECTOR/TOWN John Mabon 2007 ACCOUNTANT Sean F.McDonough 2009 Lyne Savage 2007 Louis Napoli 2008 Alison McKay, Conservation Administrator CABLE TV COMMITTEE George I. Dague, Chairperson 2008 COUNCIL ON AGINC2 Arthur S. Fundeklian 2007 John Graham, Chairperson 2008 Robert S. Parker 2008 Albert S.Movesian 2009 George E.Johnson 2008 Maria V. Rosati 2009 Thomas D.Ippolito 2007 William P. Callahan 2007 Ronn R. Faigen 2009 Elizabeth A. Poirier 2007 Vacancy 2009 Patricia A. Long 2008 Margaret V. Shaheen 2007 COMMUNITY ACCESS & MEDIA, Priscilla Cole 2007 BOARD OF DIRECTORS Peter Aziz 2008 Ramsey A. Bahrawy, President' 2008 Irene O'Brien,Director, Elder Services Thomas D. Ippolito' 2009 Stephen J.D'Onofrio' 2010 COMMISSION ON DISABILITY ISSUES2 John W. Graham' 2009 James F. Lyons,Jr., Chairperson 2008 Michael J.McVeigh' 2007 Barbara Currier 2009 Eleanor Pye, Executive Director Donald B. Stewart 2009 Nancy D.Murphy 2009 COMMUNITY DEVELOPMENT Brenda Pierre Savary 2007 Curt T. Bellavance,Division Director Maureen Cushing 2008 Frank H.Dushame 2007 COMMUNITY PRESERVATION COMMITTEE CULTURAL COUNCIL John Simons, Chairperson 2007 Ann Cavanaugh, Chairperson 2008 Felipe Schwarz 2008 Brenda C. Reeve 2008 Joanne Comerford 2009 Gillian L. Pearlson 2007 John T.Mabon 2007 Bonnie Wolstromer 2007 Linda E.Tremblay 2007 Anna Choi 2009 Ronald S. Headrick 2008 Claire McCarron 2008 Thomas P. Coppa 2009 Denise L.McManus 2009 Stephen A. Sakakeeny 2007 Vacancy 2009 Joe Silveira 2008 Vacancy 2007 Elected Official Appointed by Selectmen Appointed by Town Manager 'Appointed by Town Moderator 'Appointed by School Committee 'Appointed by School Superintendent 'Replacement by Vote of Remaining Members — 9 — EMERGENCY MANAGEMENT AGENCY2 HISTORICAL COMMISSION Jeffrey J. Coco,Director Kathleen Szyska, Chairperson 2009 John J. Coco,Deputy Director Patricia Long 2009 Richard Stanley, Police Services Officer Anne Erickson 2007 William Dolan,Warning Services Officer Barbara Somers 2007 Richard C. Boettcher, OIC Aux./Special Police Linda Tremblay 2008 William M. Hastings, Communications Officer Leonard Somers, Education and Training Officer HOUSING AUTHORITY' John Savastano, Senior Operations Officer Helen Soucy 2008 Richard T. Shaughnessy, Operations Officer Anna P. O'Connor 2007 Robert Scanlon, Operations Officer Edward Snell 2011 Tracy Watson 2007 FINANCE COMMITTEE Paul Gilligan- State Appointee 2006 Michael Batsimm, Chairperson 2007 Joanne Comerford, Executive Director Melinda Coppa 2007 Mark Nichols 2008 HUMAN RESOURCES DIRECTOR/ Stephen P.Dawe 2007 ASSISTANT TOWN MANAGER' Mike Giarratano 2008 Raymond Santilli Eva Hamori 2008 Ellis Fitzpatrick 2009 INSPECTORS' Benjamin C. Osgood 2009 Gerald A. Brown,Inspector of Buildings& Peter D. Besen 2009 Zoning Enforcement Officer Brian Leathe, Local Inspector FIRE CHIEF James L.Diozzi, Plumbing&Gas Inspector William V.Dolan Peter Murphy, Electrical Inspector R.David Lindsay, DVM,Animal Inspector GREATER LAWRENCE COMMUNITY 2007 ACTION COUNCIL James F. Lyons,Jr. LIBRARY TRUSTEES' William Duffy,Jr., Chairperson GREATER LAWRENCE REGIONAL Martha Salisbury TECHNICAL HIGH SCHOOL DISTRICT Mary Ellen Osgood COMMITTEE REPRESENTATIVE' E.William Hansen John M.Driscoll 2008 Peter Lafond Maria G.Messinger GREATER LAWRENCE SANITARY Raymond Vivenzio DISTRICT REPRESENTATIVE Sue Ellen Holmes, Library Director Leonard J.Degnan 2009 LICENSING COMMISSIONERS' BOARD OF HEALTH' MarkJ.T. Caggiano, Chairperson 2009 Thomas Trowbridge,DDS,MD, Chairman Rosemary Connelly Smedile 2007 2009 James M.Xenakis 2008 Jonathan Markey 2007 Thomas Licciardello 2008 Larry F. Fixler 2008 Daniel P. Lanen 2009 Anne L. Brennan 2009 Francis P.MacMillan,MD,Public Health Physi- cian Susan Sawyer, Health Director Elected Official Michele Grant, Health Inspector Appointed by Selectmen Debra Rillahan, R.N. Appointed by Town Manager 4Appointed by Town Moderator Appointed by School Committee 6Appointed by School Superintendent Replacement by Vote of Remaining Members — 10 — MERRIMACK VALLEY PLANNING SCHOOL BUILDING COMMITTEE4,5 COMMISSION Louis Minicucci, Chairperson David E. Boudreau' 2009 Harold Dushame Roberto Angles,Jr. (Appt.by Planning Bd.) 2009 Domenic Scalise William W. Kelly OLD CENTER HISTORIC James R. Lafond DISTRICT COMMISSION Barbara Whidden George Schruender, Chairperson 2009 Timothy Pybus Martha Larson 2009 Leslie Hopkins 2007 SCHOOL COMMITTEE' Kathleen Szyska 2007 Alfred M. Perry, Chairperson 2007 Harry Aznoian 2008 Charles C. Ormsby 2009 Robert Stevens 2008 Timothy Pybus 2008 Richard M. Gramly 2008 William W. Kelly 2008 Joseph M. Piotte,Alternate 2007 Barbara J.Whidden 2009 Peter P. Devlin,Alternate 2009 SCHOOL, SUPERINTENDENT OF5 PLANNING BOARD' Dr.Daniel O'Connor,Interim Richard A.Nardella, Chairperson 2009 Alberto Angles,Jr. 2008 SELECTMEN, BOARD OF' John Simons 2009 Thomas Licciardello, Chairperson 2008 Jennifer Kusek 2007 Rosemary Connelly Smedile 2007 Richard S. Rowen 2008 James M.Xenakis 2008 Timothy R. Seibert-Associate 2009 Mark J.T. Caggiano 2009 Lincoln J.Daley,Town Planner Daniel P. Lanen 2009 POET LAUREATE SOLID WASTE ADVISORY COMMITTEE Michael Souza 2008 Tina Klein, Chairperson 2008 Joan Kulash 2008 POLICE CHIEF Karen Kline 2008 Richard M. Stanley Steven Daly 2007 Vacancy 2007 PUBLIC WORKS' Vacancy 2007 Vacancy 2009 J. William Hmurciak, Director Keith Alter 2009 Joanne Parrill, School Liaison 2009 RECREATION COUNCIL MarkJ.T. Caggiano(Ex Officio) William McCarthy 2009 William Hmurciak(Ex Officio) Chris Rock 2008 Joan Heafey 2007 Thomas D.Ippolito 2007 Keli Bannister 2009 Kai Foley 2008 Barbara Pybus 2007 John Driscoll 2008 Joe Silveira 2009 REGISTRAR OF VOTERS, BOARD OF Elected official Martha Salisbury, Chairperson 2008 'Appointed by Selectmen Carrie Crouch 2007 'Appointed by Town Manager Betsy Leeman 2009 'Appointed by Town Moderator Joyce A. Bradshaw,Town Clerk(Ex Officio) 'Appointed by School Committee 'Appointed by School Superintendent Replacement by Vote of Remaining Members — 11 — STEVENS ESTATE, BOARD OF TRUSTEES2 VETERANS' SERVICES2 Kevin Willoe, Chairperson 2007 Edward V.Mitchell,Director 2009 E.William Hansen 2008 Philip Brooks, Graves Officer 2009 Martha Larson 2008 John McGarry, Esq. 2007 YOUTH SERVICES, Eric Demers 2009 BOARD OF DIRECTORS2 George A. Peters,Jr. 2009 Carrie Crouch, Chairperson 2009 Vacancy 2008 Thomas Burkhardt 2008 Kim Willey,Interim Director Peter Breen 2008 John F. Shaw,III 2007 TOWN CLERK Cathy Carol 2007 Joyce A. Bradshaw Gerald A. Sanford 2007 Olien Lu 2009 TOWN COUNSEL James M.Xenakis, Selectman(Ex Officio) Urbelis &Fieldsteel, LLP William Masterson,JNHYC,Inc. (Ex Officio) Richard Gorman, Youth Services Director (Ex TOWN MANAGER Officio) Mark H. Rees ZONING BOARD OF APPEALS2 TOWN MODERATOR' Albert P.Manzi,III, Chairperson 2009 Charles A. Salisbury 2009 Ellen McIntyre 2007 Joseph D. LaGrasse 2007 TOWN TREASURER/COLLECTORS RichardJ. Byers 2009 Jennifer A.Yarid David R.Webster 2008 Richard M.Vaillancourt,Associate 2009 Thomas D.Ippolito,Associate 2007 Daniel S. Braese,Associate 2008 Elected Official Appointed by Selectmen s Appointed by Town Manager 4Appointed by Town Moderator Appointed by School Committee 6Appointed by School Superintendent Replacement by Vote of Remaining Members — 12 — Thomas Licciardello, Chairman Board of Selectmen Mark J. T. Caggiano Rosemary Connelly Smedile Daniel P. Lanen James M.Xenakis North Andover persevered through two major storms during 2006,one being weather related and the other budgetary.While both events caused considerable disruption to the town, they also brought about a recognition that we must work together during difficult times in order to make North Andover a better place to live and work. In May of 2006, the Merrimack Valley region was hit with the second worst flooding since weather records started being kept in the late 1800's and North Andover was one of the communities impacted the hardest. Numerous houses and businesses located in low ly- ing areas required emergency evacuations and suffered considerable damage.North Andover Emergency Management, Police and Fire personnel performed remarkably during this emer- gency period.No less impressive was the clean up and relief operations that ensued afterwards. The Health, Public Works and Building Inspections departments immediately began assist- ing affected residents regain some semblance of normalcy. In amazing display of community unity, over 300 volunteers from numerous civic and town organizations gathered together on Saturday, May 20th, to assist residents in cleaning out their homes damaged by the floods. This was done concurrently with a clothing drive that provided an overwhelming amount of replacement garments to those in need. North Andover's response to the May flooding was truly amazing and heartwarming. The FY 2007 budget debate that occurred during June and July of 2006 was no less awe inspiring when taking into context of community participation. The June 5, 2006, annual town meeting was one of the largest ever held in North Andover with over 1,700 residents in attendance and the subsequent July 10, 2006, special town meeting was the largest ever held in the Commonwealth of Massachusetts with over 3,100 voters participating.While the proceedings at both meetings were often times contentious and emotional, no one can deny that North Andover has a very committed and active citizenry. Special thanks should be ac- corded to Moderator Charles Salisbury for the excellent work he did in running both those town meetings during exceptionally difficult circumstances. On another note, the Board of Selectmen, School Committee and Finance Committee all came out of the budget process with a renewed commitment for cooperation and improved communication.The town is best served when,through compromise and consensus, all three boards work together. While the flooding and the FY 2007 budget debate were the two largest events impact- ing North Andover in 2006, there were also many positive happenings that also occurred during the year: After years of planning, construction began on the long awaited improvements in the Old Center Common.One component of this work includes the installation of drainage and construction of new roadways with a roundabout and a traffic light and the other consists of placing of utility wires underground and the installation of historically appropriate street lights. The roadway construction program is being paid for with 80% funding from state and federal transportation money and the undergrounding of utilities is being financed by a 2% surcharge on utility bills. Construction activities are expected to continue throughout 2007. Another major infrastructure project commenced during 2006 was the replacement of plastic lined water storage reservoirs on Bear Hill and Sutton Hill with modern, state of the art, concrete water tanks.The new tanks will improve water quality, eliminate leaks and ad- dress security issues. The funding afforded to the Town through our participation in the Community Preserva- tion Act(CPA) continued to pay dividends during 2006.Ten more acres of additional open space around Lake Cochichewick was acquired bringing the total numbers of acres purchased to protect our drinking water supply using CPA funds to 104 acres. CPA funds were also al- - 13 — located to improve town parks and playgrounds, assist in developing affordable housing and protecting historical records and buildings. While continuing to preserve the town's historical and rural character, recognition must also be made that in order to address the town's systemic financial problems, a strong com- mercial and industrial base is also necessary. To that end, additional portions of Route 114 were rezoned during 2006 for commercial uses. Similar land use changes paved the way for the Eaglewood shopping mall and the Walgreens retail center that began construction in 2006. In partnership with Ozzy Properties,the owners of the former Lucent site on Osgood Street, progress was made on restoring that massive parcel to its former economic viability. Currently 50%of the existing office space and 33%of the industrial space has been leased. Weather related events and budget problems are a fact of life for communities across Mas- sachusetts. What separates a good community from others in similar circumstances is how they respond to these problems.As evidenced by the activities that occurred in North Ando- ver during 2006, our community is clearly moving in the right direction. — 14 — Assessors Office Garrett C. Boles, Chief Assessor Aggregate Value of Real Estate-12 month $4,573,701,819 Aggregate Value of Personal Property $77,931,290 Real Estate Tax Levy-12 months $41,703,270.71 Personal Property Tax Levy-12 month $961,802.88 Residential Rate per Thousand $10.45 C.I.P. Rate per Thousand $12.63 Water Lein $175,936.28 Sewer Lein $131,151.32 Interest(Water) $20,546.78 Interest(Sewer) $14,504.01 Betterment with Interest Chapter 80(Sewer) $97,959.66 Chapter 40(Sewer) — Committed Interest(Sewer) — Committed Interest(Water) — Water/Sewer Lien Demand $7934.72 Water/Sewer Lien Demand Commit Interest $951.79 Buildings and Vacant Land Assessed Single Family 6143 Condominiums 1581 Misc. Res. 28 Two Family 435 Three Family 46 Four—Eight Family 51 Vacant Land 536 Residential/Commercial 42 Commercial Buildings and Land 438 Industrial Buildings and Land 81 Personal Property Accounts 783 Chapter 61—Forest Property 5 Chapter 61A—Farm Property 144 Chapter 61B—Recreational Land 6 Exempt Buildings and Land 421 Public Utilities 4 Utilities Valued by State 6 — 15 — Town Treasurer Jennifer Yarid,Treasurer As Town Treasurer,I submit my report for the 12 months ending June 30,2006. Receipts July 1,2005 to June 30,2006 $138,682,165.05 Disbursements July 1,2005 to June 30,2006 $140,484,777.13 RECONCILIATION OF CASH UNCOLLECTED BALANCES—JUNE 30, 2006 Developer Bond Passbooks $112,617.83 Real Estate 2006 $487,588.44 Petty Cash 700.00 2005 27,264.24 Bank of America 3,399,660.59 2004 1,797.91 Banknorth 59,046.46 2003 2,410.19 Century Bank 8,201,421.90 2002 1,216.53 Century Bank- Escrows 2,976,745.79 Personal Property 2006 30,705.79 M.M.D.T. 14,673,313.26 2005 22,368.64 Mellon 1,603,214.20 2004 6,514.72 Stoneham Savings 60,486.41 2003 7,757.41 Total $31,087,206.44 2002 9,522.88 Motor Vehicle Excise 2006 199,301.53 2005 74,811.39 2004 38,981.41 2003 13,291.73 2002 23,813.76 — 16 — Town Clerk Joyce A. Bradshaw, CMMC, Town Clerk I respectfully submit my report as Town Clerk for 2006. Our Annual Town Election on March 28,2006 reelected Mark Caggiano for his second three year term. Daniel P. Lanen was elected replacing Donald B. Stewart. Don was recog- nized for his five terms of dedicated service as a Selectman and Licensing Chairman. Dr. Charles Ormsby was reelected to his second term on the School Committee and Barbara J. Whidden was elected for her first term. Our Annual Town Meeting began in May and was adjourned until June 5 to resolve budget issues.There were 1,470 voters present and the meet- ing reconvened in the North Andover High School Field House. A Special Town Meeting was called by Citizen Petition for July 10,2006.There were 3,029 voters that checked in to the meeting.This meeting was the largest Open Town Meeting ever held in the Commonwealth of Massachusetts. Without the cooperation of Jeff Coco and his Emergency Management Team, outstanding cooperative efforts of our Police and Fire Departments to coordinate lo- gistics and ensure the safety of all attendees, and the efforts of my staff, Board of Registrars, and election workers this mammoth event would never have taken place. The September Primary Election and the State Election in November again demonstrat- ed planning and cooperation. North Andover was a test site for handicap voting machines. Through the cooperation and efforts of our voters over 100 people put the proposed system through a rigorous test to guide the Secretary of the Commonwealth in his ultimate choice of machines.The November State Election had 10,618 voters turnout wand with the closing of schools and opening our polls at 6:OOAM the use of our High School as a single voting loca- tion was extremely successful. The Town Clerk's Office continues to be a very active passport facility. Major changes necessitating the use of passports for travel has allowed people to come to North Andover for their processing.This service also provides needed revenue to the Town. We recorded 284 births,256 deaths and 95 marriages in 2006.My dedicated staff has tak- en this challenge in addition to their expanding daily duties. Karen Fitzgibbons,Janet Eaton, our tireless volunteer Harold Dushame all provide the highest level of service to the Town. We continue to seek improved technology and innovation to keep pace with our expanding population and duties. Serving almost 30,000 residents and over 17,000 voters with additional mandates and duties requires cooperation with all Town Departments. Assistant Town Clerk,Janet Eaton, is responsible for all the licensing for the Board of Selectmen. Her outstanding efforts in working with new businesses and processing renew- als ensure total compliance to all mandates.The renewal process coincides with a very busy Election season.Working with other Town Departments and Boards, this dedication allows business to grow and thrive in North Andover.The expansion of our dog licensing program provides convenience, compliance, and safety to the community. Our archival work continues as the restoration program started with Community Pres- ervation funds moves forward.The implementation of our Laserfiche project begins the first step to scan and index the Town's records.The ultimate goal is to have all the Town's records electronically preserved, stored, and indexed for easy document retrieval. The Town's web page is being updated as we strive to provide improved information to the public in electronic format. We thank the people of North Andover for their support in our endeavors and projects. — 17 — Community Development and Services Curt T. Bellavance,AICP, Director Community Development Division is made up of four departments and administers several boards,commissions and committees.The four departments include the Building, Conserva- tion, Public Health, and Planning.The division level is managed by two employees, Berna- dette Curran who is the Administrative Assistant/Office Manager and Curt Bellavance,who is the Director and oversees the division. The primary focus in the community development division is to manage the land use au- thorities,as well as provide technical support to a variety of groups,task force and committees. The division also handles a variety of projects including grant submissions and monitoring, and economic development. Staff Support The Community Development Director and Administrative Assistant provide professional and technical staff support,in varying degrees, to the following groups in the Town of North Andover: Zoning Task Force Committee Housing Partnership Committee Old Town Common Committee Community Preservation Committee North Andover Planning Board North Andover Zoning Board of Appeals North Andover Conservation Commission North Andover Board of Health Disabilities Commission 1600 Osgood Working Group Technical Review Committee Machine Shop Village Committee Lawrence Municipal Airport Commission Regional and State Designees.- Merrimack Valley Economic Development Council MBTA Advisory Board MVRTA Advisory Board Merrimack Valley Brownfield's Committee Merrimack Valley Chamber of Commerce The above groups are made up of mostly volunteer residents,who typically volunteer two to three nights a month at various meetings,work shops and/or seminars.Many of the volun- teers also use free time to review and work on different projects and development applications so that they are prepared to discuss development activities in a public forum. The division comprises of 17 employees,most of who support and administer the above groups. Projects Community Development Offices at 1600 Osgood Street The Community Development Office moved to 1600 Osgood Street in May 2006 as part of a tax increment-financing(TIF)plan entered into between the Town and Ozzy Properties.The community development office is now housed at this location for a minimal maintenance fee that covers heating and cooling, electricity,water and sewer and the use of the shared confer- ence center, cafeteria and mailroom. The office space consists of approximately 5300 square — 18 — feet.The move this spring will allow the division to remain at 1600 Osgood Street thru April 2016. Ozzy Properties at 1600 Osgood Street The site consists of 169 acres, including 40 acres on the south side that have never been de- veloped.In addition to nearly two million square feet of manufacturing,office and warehouse space in 30 permanent and temporary buildings, the property includes 40 acres of roadways and parking,6,000 parking spaces and four little league ball fields.The centerpiece of the site is the 1.5 million square foot office and manufacturing facility. 1600 Osgood Street, LLC—the Andover-based Ozzy Properties, Inc.—purchased the site with the goal of attracting high-tech/high-end industrial tenants.Today,the property has a vacancy rate over 50%,with some remaining employees for Lucent Technologies still leas- ing space.The owner has stated that the front portion of the building will house office space and has leased-up a majority of that space.The new parking lot was constructed in 2006 and opened to the public this past Fall. The industrial space is currently being retrofitted to accommodate not just one single manufacturer but several.The massive open space is being converted so that several compa- nies can use the facility and share common space such as the cafeteria, conference center, au- ditorium and mailroom.The focus will be on attracting research and development companies, light manufacturing, and supporting/ancillary firms. Ozzy Properties continues to investment millions in updating and improving the facility. Ozzy's current focus is on biotechnology companies that are in the early stages of product development and will need production space in the near future.In addition,the owner wants to maintain the existing"campus"setting,adding some landscaping and modest site improve- ments in the short run. Ozzy Properties has designed new entrances at the north and south walls, handicapped accessible entrances and elevators, campus improvements to soften the appearance, common atrium space and breezeways, connections from the office building to manufacturing floor for contiguous corporate layouts, and new loading docks and shipping/ receiving areas. Ozzy Properties received approval from the Board of Appeals and will be implementing a new sign program for the entire site. 40R Smart Growth Overlay at 1600 Osgood Street The 1600 Osgood Street property is currently under review as a M.G.L. Chapter 40, Sec- tion R overlay project. The acceptance of this type of zoning would allow a mix of housing and commercial activities.The Town formed a working group made up of members from the Board of Selectmen, Board of Appeals, and Planning Board to review the zoning language and design of the project.The town also obtained the Priority Development Fund Grant from Mass Housing and the Department of Community Development & Housing to assist the town in reviewing the language of the proposed zoning bylaw.The town hired a professional land use attorney to work with the group and review the documents.In addition,Ozzy Prop- erties provided funds to the Town in order to hire independent consultants to review traffic, water and sewer,economic impacts and civil engineering.The Town submitted an application to the Department of Housing&Community Development for site eligibility. Planned Production Plan/Affordable Housing In November 2006, through the Community Development office and partnership with the Housing Partnership Committee,the Town submitted an affordable housing plan to the state department of housing and community development. The division used funding provided by the Community Preservation Committee to hire a consultant to write and develop the housing plan.The Planned Production Plan is a report that encourages communities to plan proactively for affordable housing. It identifies the need for housing in the municipality and establishes strategies designed to make progress in meeting affordable housing goals,includ- ing production of housing units in accordance with the plan.The professional assistance was needed in order to meet the requirements of the Department of Housing & Community — 19 — Development's Planned Production provision of Chapter 40B Section 31.07(i).The Board of Selectmen voted to endorse the affordable housing plan and is awaiting the state's approval. Once the plan is approved by the state,various land use groups will examine the recommenda- tions for promoting affordable housing in North Andover.The State mandates,under M.G.L. that each municipality maintain at least ten percent of their housing stock as affordable.North Andover maintains approximately 6% of the housing stock as affordable under State defini- tions. Machine Shop Village Streetscape Improvement Project. This project is for the Machine Shop Village Streetscape Improvement existing condition sur- vey and assessment of the Machine Shop Village streetscape,and a Master Plan for upgrading the sidewalks, curbs, lighting and landscaping(trees) in the village.This office has assumed the task of project managers and a request to the Community Preservation Committee was approved for funding this project in the amount of$22,000 at the May 2004 Town Meeting. The office of Carol R.Johnson Associates was hired to commence this study and produced the Master Plan.An additional amount of$250,000 was approved through CPC at the May 2005 Town Meeting for Phase 1 of this project.Phase 1 consists of survey and design work for Elm Street and partial design of Water Street and Main Street. In July proposals were received for the survey work and the contract was awarded to Mar- tinage Engineering Associates, Inc of Reading. Martinage Engineering started the survey work throughout the Machine Shop Area in late August 2005. Proposals were also received for Landscape Design Services.The office of Carol R.Johnson Associates was hired to pro- duce the Landscape Design Study and will continue to work with the Town on this project. Meetings with Carol R.Johnson Associates,North Andover Historical Commission and resi- dents of the community were conducted in the late Fall and continue as the project design is finalized and construction occurs this Spring. With the efforts of a local area resident, Liz Fennessy,the Town has applied to the Com- munity Preservation Committee and Essex National Heritage Area for additional grant fund- ing to assist in continuing this important project. — 20 — Animal Inspector R. David Lindsay DVM, Inspector of Animals The following is a summary by the Animal Inspector for the calendar year 2006 (prior years included for comparison). 2003 2004 2005 2006 Number of animals quarantined for biting 12 24 16 10 Number of animals tested for Rabies 2 6 6 14 Number of animals testing positive for Rabies 0 1 0 0 Number of Cats quarantined for exposure to Rabies 27 40 33 Number of Dogs quarantined for exposure to Rabies 4 14 6 Number of Barns inspected 11 10 10 10 Number of Dairy cows and heifers 57 35 55 20 Number of Dairy herds' 2 2 2 2 Number of Beef cattle 17 Number of Steers/Oxen 1 1 1 Number of Beef herds' 2 Number of Horses/Ponies/Donkeys/Mules 76 90 72 80 Number of Goats 8 10 5 8 Number of Sheep 0 3 Number of Swine 4 1 1 4 Number of Swine herds' 2 1 1 1 Number of Fallow Deer 13 12 13 12 Number of Llamas/Alpacas 2 2 2 2 Number of Gamebirds 2 2 6 Number of Guinea Fowl 8 25 12 Number of Peacock 3 2 4 Number of Swans 2 2 2 Number of Chickens 14 4 * Figures not yet available from the state. Definition herd: 1 or more animals. A Rabies Clinic(to encourage pet rabies vaccination)was conducted on April 1,2006. — 21 — REGULAR BOARD MEMBERS Ellen P. McIntyre, Chairman Albert P. Manzi, III, Esq., Vice Chairman Richard J. Byers, Esq., Clerk Zoning Board of Appeals Joseph D. LaGrasse David R.Webster ASSOCIATE BOARD MEMBERS Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. The Zoning Board of Appeals held 12 regular meetings, 7 special meetings for the continu- ing 40B petition,and 2 Zoning Procedures Subcommittee meetings during 2006.The Board heard petitions for 18 Residential Variances, 12 Residential Special Permits, 9 Commercial Variances,5 Commercial Special Permits,2 Findings, 1 continuing Comprehensive Permit,3 requests for decision modifications, and one six-month Variance extension. Joseph D. LaGrasse served on the Zoning Task Force and Richard J. Byers served on the Housing Partnership Committee. Also, Ellen P. McIntyre, Richard M. Vaillancourt, and Daniel S. Braese volunteered to continue participating in the development of the 40R district. Zoning Board of Appeals as of January 9, 2007 Regular Board Members 4ssociate Board Members Albert P.Manzi,III, Esq., Chairman Thomas D.Ippolito Ellen P.McIntyre,Vice Chairman Richard M.Vaillancourt Richard J. Byers, Esq., Clerk Daniel S. Braese, Esq. Joseph D. LaGrasse David R.Webster — 22 — Gerald A. Brown, Inspector of Buildings, Zoning Enforcement Office Building Department James L. Diozzi, Plumbing &Gas Inspector Brian Leathe, Local Building Inspector Peter Murphy, Electrical Inspector Jeannine McEvoy, Department Assistant The following comparison table indicates construction activity for the Fiscal Year 2006.The permitting process and inspection remained on schedule. We wish to thank those Town Departments that cooperate in the proper enforcement of public safety and Zoning By-Laws. PERMITS'ISSUED FY 2006 FY 2005 FY 2004 New Dwelling, 1 and 2 family residential 35 53 71 Multi Dwellings 36 4 47 Additions and Alteration 329 559 470 New Commercial and Industrial Building 12 2 0 Commercial and Industrial Additions and alteration 59 51 40 Roof and Vinyl Siding 241 70 127 Pools 24 16 16' Accessory Building 35 16 16 Miscellaneous{Signs, Demolition, Chimney, Stove 91 25 26 Certificate of Inspections 81 65 61 $1,079,103.00 $843,535.00 $768,276.00 Plumbing Permits 477 490 432 Gas Permits 454 393 383 Electrical Permits 870 739 714 327,965.00 $202,077.75 $210,456.25 — 23 — Scott Masse, Chairman Albert P. Manzi,Jr., Vice Chairman Joseph Lynch,Jr. John Mabon Conservation Commission Deb Feltovic Sean McDonough Louis Napoli Alison E. McKay, Conservation Administrator Pamela A. Merrill, Conservation Associate Donna Wedge,Administrative Assistant The Conservation Commission is comprised of seven (7) volunteer members who are ap- pointed by the Board of Selectmen for three(3)year terms.In addition,the Conservation De- partment is staffed by an Administrator,an Associate,and a Departmental Assistant who are responsible for the issuance of permits and providing information and assistance to residents and developers regarding the Town's natural resources. The Conservation Commission administers the Wetlands Protection Act(M.G.L.C. 131 S.40) and the Town of North Andover Wetlands Protection Bylaw and Regulations(C. 178 of the Code of North Andover).These state and local regulations help protect valuable natural resources including North Andover's lakes, rivers, ponds, marshes, swamps, lands subject to flooding, vegetated freshwater wetlands, riverfront areas, ephemeral pools, and ephemeral pool habitats. These wetland resource areas play an important role in the following public health and safety interests: 1. Protection of public and private water supplies; 2. Protection of Ground Water Supply; 3. Flood Control; 4. Storm Damage Prevention; 5. Prevention of Pollution; 6. Protection of Fisheries; 7. Protection of Wildlife&Wildlife Habitat; 8. Recreation; 9. Sedimentation and Erosion Control. In addition, wetlands provide a wealth of values to the public. Wetland benefits can be divided into three basic categories:fish and wildlife values,environmental quality values, and socio-economic values.Destruction or alteration of wetland resource areas eliminates or mini- mizes these important functions and values. For example, drainage of wetlands eliminates all the beneficial effects of the wetland on water quality and directly contributes to flooding problems.When wetlands are filled or their functions impaired,these benefits are lost and we all pay the price—in increased flooding and storm damage to streets and homes; more con- tamination of surface and groundwater and drinking water supplies; loss of wildlife habitat; and loss of valuable open space. Any construction (including, but not limited to, a permanent structure, addition, deck, patio,roadway,pool, driveway,public&private utilities, etc.) or alteration of land within 100 feet of any wetland resource area or within 200 feet of a perennial stream in North Andover requires public review and a permit from the Conservation Commission.The Conservation Commission and professional staff are required to examine the potential impacts any pro- posed activity may have on identified wetland resource areas.Meetings are held twice a month for the purpose of reviewing projects and holding public hearings. In the calendar year 2006, the Conservation Commission reviewed and permitted 7 Requests for Determination of Applicability's(RDA),29 Notice of Intents(NOI),4 Abbre- - 23a — viated Notices of Resource Area Delineations (ANRAD) and 11 Small Projects (51 total). In addition, numerous Modifications, Extension Permits and Certificates of Compliances were reviewed and issued. Some of the significant projects permitted in 2006 included The Lawrence Municipal Airport Vegetative Management Plan(VMP) allowing selective veg- etative removal activities and associated maintenance to address FAA regulations regarding penetrations to navigable airspace and line-of-sight requirements, Berry Street/Turnpike Street ANRAD in which the site is currently under review for a 52 unit comprehensive permit proposal pursuant to the 40B statute by the Zoning Board of Appeals, a long term landscaping and maintenance activity project at 1600 Osgood Street, the construction of a convenience store and gas station at 1503 Osgood Street, and the Mosquito Brook Drain- age Improvement Project. In addition to the tremendous efforts spent on the administrative permit review process, the Department conducts numerous inspections for building permit applications and for monitoring ongoing permitted projects. Enforcement action and issuance of fines, when appropriate, continue to be an active function of the Department. The Conservation De- partment,in efforts with the Board of Health and DPW also continue to coordinate efforts on beaver population and control,which cause damage to public and private properties and water supplies. The Department is also charged as active land managers of Town owned Open Space properties. However, with so much time required for wetlands regulatory responsibilities and permitting,planning and management of these valuable Open Space areas continues to be a challenge.The complexities and scope of responsibilities under state and local regula- tions have grown exponentially since the Conservation Commission Act was enacted in 1957.This growth is due to an increase in complex regulations and an increase in develop- ment pressures. The calendar year 2006 was a busy and productive year for the Conservation Depart- ment on many fronts,particularly in the arena of state and local regulatory revisions.These important regulatory revisions are described below. North Andover Wetlands Protection Bylaw Revisions At annual Town Meeting in June of 2006, the Town voted to adopt revisions to the Wet- lands Protection Bylaw to include procedures governing small projects. North Andover Wetlands Protection Bylaw Regulatory Revisions • Small Project Procedures As a result of the newly adopted Bylaw revisions, the Conservation Commission ad- opted ensuing small project regulations(Section 4.4).These regulation changes were discussed and adopted over the coarse of several public hearings and became effective on July 1,2006.The intent of the small project revision was to alleviate the burden of time and cost expended by applicants for small project applications. Since the Conservation Commission accepted the small projects regulations, several sections within the regulations were found to need additional clarification or further review. Therefore, minor revisions have been made by the Conservation Commission to these specific sections. • Application Checklists The Conservation Department revised all application checklists to reflect recent regulatory changes. In addition, a small projects checklist was created. • Filing Fees The Conservation Commission voted to increase the fees associated with all filing applications after several public hearing discussions. Fees were increased to more adequately reflect the departments' effort required to review projects that have be- come increasingly more complex in similar fashion to the states increase for this — 23b — same reason several years ago. The new fee schedule became effective August 1, 2006. The Massachusetts Endangered Species Act Regulations (321 CMR 10.00) (MESA) The Wetlands Protection Act and its regulations protect rare animal species by prohibiting alterations that would have short or long term adverse effects of rare wildlife species. The regulations require that proposed alterations to wetland habitats of rare wildlife be reviewed by the Natural Heritage and Endangered Species Program (NHESP). On July 1,2005 a comprehensive set of regulatory improvements were created to The Mas- sachusetts Endangered Species Act (Chapter 131A),which is administered by the NHESP. The new regulations clarify filing requirements and procedures, set timelines for agency re- sponse, establish filing fee, expand and add definitions, and formalize the appeal process for agency decisions. To screen for potential impacts to rare wetland wildlife habitat, the NHESP has de- veloped maps of designated Priority and Estimated habitats for all state listed species. Al- though the Wetlands Protection Act has jurisdiction of Estimated Habitat (wetland de- pendent habitat and a sub-set of Priority Habitat) and not Priority Habitat (upland depen- dent habitat), the Conservation Department is required to ensure that all proposed projects within both of these designated areas are properly reviewed by NHESP pursuant to the regulations. Since these revisions took effect on July 1, 2005, many projects submitted to the depart- ment for review have been affected by the recent changes when the updated Estimated and Priority Habitats Maps were issued in 2006, showing larger/new areas of habitat designation. For example, Boston Hill was determined to be home of the state listed Frosted Elfin But- terfly,an upland(non-wetland dependent)species of special concern.Therefore,the applicant was required to work with NHESP to create specific mitigation and protection measures to avoid a"taking"of the species. Wetlands Protection Act Regulatory Revisions/Policies • Procedures for Coordinated Review Under the Endangered Species and Wetlands Pro- tection Regulations for State-Listed Wildlife in Wetlands The Massachusetts Division of Fisheries and Wildlife's Natural Heritage and En- dangered Species Program recent revision of its regulations pursuant to the Mas- sachusetts Endangered Species Act has prompted the Department of Environmental Protection to coordinate the implementation of the revised regulations with state wet- lands regulations. Trails and Open Space Local volunteers completed maintenance and improvements to several existing trail systems, specifically the Shawsheen River Trail and the Locust Trail at Mazurenko Farm, in 2006. In addition, several local boy scouts also completed trail improvement projects on open space properties. These maintenance and improvement activities were very much needed and the Conservation Department is grateful to these volunteers for their efforts. The Department will continue to workwith local volunteers on other open space and trail improvement projects in 2007. Hunting Hunting continues to be an important and effective land management tool in the control of deer populations throughout the commonwealth. Hunting is generally allowed pursuant to state statute on Open Space properties within the Commonwealth unless otherwise pro- hibited. Some method of hunting is, and has been, allowed on many Open Space properties in North Andover. In 2006, citizens have come forward to the Conservation Department and the Conservation Commission with concerns on allowing hunting at some of the Open — 23c — Space properties for safety reasons. Several public hearings were held in 2006 to address these concerns. Efforts for the upcoming year will be focused on continuing wetland and watershed pro- tection, finalizing the updated Open Space and Recreation Plan for state approval, trail and open space improvement projects, GIS mapping of trails and open space, further website enhancement,and the creation of a Stormwater Bylaw and other Conservation related Bylaws and Policies to further protect North Andover's natural resources. — 23d — Council on Aging Irene M. O'Brien, Director of Elder Services Council on Aging/Senior Activity Center is a vital link in the service delivery network which older persons and their families may avail themselves of. Council on Aging provides a multi- tude of services for seniors including,but not limited to application assistance, social support, health and recreational services,medical screenings,wellness programs,meals and nutritional workshops.Councils on Aging are the gateway to help seniors and their families access many supportive services. During 2006, 283 Volunteers contributed 42,911 hours of service. Total savings to the community$292,984.25.Meals on Wheels delivered 13,999 in North Andover and 2,896 in house congregate meals were served. The Outreach Coordinator provided counseling, crisis intervention and referral services for 1,632 clients, as well as providing home and hospital visits to assess needs for MOW, Brown Bag and Boston Food Bank programs. Outreach participates in offsite blood pres- sure screening and acts as a medical advocate for many clients.This department coordinates Friendly Visitors and Telephone Reassurance, providing companionship for the frail and iso- lated elders. In addition, being an active liaison with Fire Department, Police Department, Board of Health, and Housing Authority as well as making referrals to other agencies. Elder Service Director and Outreach Coordinator are also mandated reporters for elders at risk from abuse or self-neglect. Community Services:Triad seniors and law enforcement working together to educate and provide services, which enhance quality of life for elders so that they may stay safe in their own homes. Our knitters have provided scarfs and mittens for children in Lawrence and con- tributed to fundraising activities.The Cuddles Program has provided over 2,000 dolls to local hospitals,Alzheimer's units and throughout the United States this past year. The dramatic increase in the 85 plus population in North Andover presents the Council on Aging with new challenges and greater demands such as cutbacks in home care services, increases in cost of medication and health care insurance;higher taxes has created a new gen- eration of seniors who are caregivers for their aging parents. The loss of the Program Manager's position in January of 2006,has affected the three re- maining full time employees.The Program Manager worked very closely with the Director in helping to develop new programs and to provide current information pertaining to issues that affect the quality of life for our elders.The coordination of the Tax Relief Program,Newslet- ter Publication,updating the tracking system,recruiting of volunteers for medical transporta- tion, nutrition volunteers, special event volunteers, and weekly press releases are all tasks that have added additional stress to an already overworked staff. Grant and Funding Received or Requested for FY07 • Formula Grant Fiscal Year 2006 award amount; $28,470 this grant is designated to support the part time positions of custodian,van driver;2 receptionists, 12.5 additional hours to Outreach and to help defray first class newsletter mailing cost. • Commonwealth of Massachusetts Service Incentive Grant Award • Salem Five Volunteer Recognition Dinner Grant Award $2,500 • Title 3 B collaborative Fiscal Year 2006 VNA/North Andover COA Funding is managed by the VNA portion of the Title 3 funding is used to supports the Senior Wellness Walk-in Clinics. • North Andover Cultural Council Grant. Friends of the North Andover Senior Center Inc. The Friends of the North Andover Senior Center Inc. have established two new programs. The first is a"Scholarship for Seniors"who may have difficulty paying class fees offered here — 24 — at the Senior Center.The second is the"Emergency Fund for Seniors."This fund may be used for such things as utility bills,rent,food, or prescriptions. Support given to the Council on Aging by the Friends of the North Andover Senior Center: • Purchase of laptop. • Funding mailing of the quarterly newsletter. • Commonwealth of Massachusetts Mobility Assistance Program fundraised$15,378.50 purchased transportation bus. Accomplishments during FY07 • Warrant article submitted to amend the current amount through the overlay account established in the Property Tax Work Off Program from $10,000 to $12,000. Passed on Town Meeting floor. In October, a lottery was held to select 20 names from a pool of 37 applicants. These 20 volunteers have been assigned to departments within the Town. • Development of two new Bereavement Groups in collaboration with Beacon of Hope and Journey through Change. • Triad Program Introduced"Is your Number Up"with the support of ACE Hardware. • To update current Policy&Procedure Manual used by the Council on Aging Board of Directors. • Staff education,Samaritans held a two-day workshop aimed at suicide awareness in the older adult. • Senior Citizens Appreciation Dinner held in collaboration with North Andover Super- intendents Office for Older American Month • Continued collaboration with North Andover Housing to better serve low income elders • Spanish Language Program was introduced with overwhelming success. COUNCIL ON AGING: "GATEWAY TO HEALTHY AGING'�-)PROVIDING SERVICE TO AND FOR 4,600 ELDERS Director of Elder Services: Irene M. O'Brien BOARD OF DIRECTORS William P. Callahan, Chair Maria Rosati,Vice Chair Margaret V.Shaheen, Secretary Pricill'a Cole, Treasurer Elizabeth Poirier Al Movsesian Patricia Long Jack Graham Peter Aziz ADMINISTRATIVE AND SUPPORT STAFF William Auriemma James Coakley Charles Rivers' Louise Aziz Paula Crudale Doris Rosten James Beattie Donna Delaney Nancy'Stevenson Gilda Blackstock Robert Kolebrick Pat Sweeney Marge Caron Jeannie McCukser Virginia Chilpian (Able) NUTRITION SUPPORT Judy A. Lalmond Susan M.Weisman Barbara Joseph Division Name:Community Service Division Division Director: Raymond Santilli Department Name: North Andover Council on Aging/Senior Activity Center The Council on Aging/Senior Activity Center is located at 120R Main Street, next to the Town Hall. — 25 — • Intergenerational Programs Collaborative with Brooks School: Community Day Pro- grams,Computer Training,North Andover High School Student Outreach Computer Program Objectives for Fiscal Year 2008 • Applied for Capital Funds for the implementation of improvements to the Senior Center. • To launch a fundraising campaign with the Friends for improvements to the Senior Center FY08 • Apply for Formula Grant through the Executive Office of Elder Affairs for FY08 • Apply for Service Incentive Grant FY08 • Apply for Improvement Grants,through Foundations,Salem Five,Banknorth,Bank of America,using 501 C3 status. • Apply for Cultural Council Art Grant • Collaborate with Elder Services for Title 111 nutrition funding FY08 • Apply for Grant through Salem Five for volunteer appreciation luncheon. • To continue hosting five meetings a year collaborating with Elderly Housing; in addi- tion to establishing off site programs utilizing the availability of space at housing • To submit warrant article to add $3,000 in funding to support 5 more workers for the Tax Work Off Program. Funding comes through the overlay account. • To host Health Awareness Fair during Older American Month — 26 — Susan Sawyer, Public Health Director STAFF Debra Rillahan, Public Health Nurse Health Department Michele Grant, Public Health Inspector Pamela DelleChiaie,Admin.Assistant BOARD OF HEALTH MEMBERS Dr. Thomas Trowbridge, Chairman Larry Fixler,Secretary Jonathan Markey The mission of the Health Department is to protect the public health by maintaining a com- prehensive program of environmental health services,which includes inspections,compliance, and enforcement activities,monitoring of environmental hazards, and consultation and guid- ance to citizens and governmental agencies regarding environmental health issues.The staff assists the Board of Health (BOH) members in shaping policies, implementing programs and developing regulations that the members deem significant in the endeavor of providing a healthy environment for the citizens and workers of North Andover. The North Andover Board of Health was historically a three-member volunteer board, whose members were appointed by the Town Manager for three-year, overlapping terms. One member must be a physician. At the 2006 Town Meeting an amendment to the Town Charter was approved,which increased the BOH from three members to five members.Two new members will be forthcoming. The current board is composed of a mix of professional disciplines: a physician, a professional engineer and a pharmacist remain after Cheryl Barc- zak, Registered Nurse,resigned effective September 2006.The Board generally meets on the fourth Thursday of each month. Prevention Programs The public health nurse leads the prevention program. We continue to offer pneumonia shots to the elderly and immune compromised,maintain assistance to the homebound,make available meningitis vaccinations for college bound seniors and once again successfully vac- cinate over 1400 citizens at the fall annual influenza clinic.The management of the vaccine provider program has grown in size as the DPH is offering increased numbers of childhood vaccines. In 2006 the Department of Public Health required an increased focus on the ongoing pandemic flu planning. Efforts by the nurse assisted in the progress. We continue ongoing collaborations with all town public safety departments to finalize emergency plans.The plans provide a framework for any event that would require the need for an emergency dispensing of medication to the general public.2007 tasks will include local drills of these plans. In the area of virus control, the North Andover voters approved the reentrance of the community to the Northeast Mosquito Control District at Town Meeting.The program fo- cuses on pretreatment and education.In the early season, all of the drainage catch basins were treated with a larvicide to curb the birth rate of the mosquitoes. In addition, mosquito traps were set in strategic locations. Hundreds of mosquitoes were identified by species of concern and then a sample tested for West Nile virus and EEE.In 2006 no positive EEE mosquitoes were found in N. Andover.The dead bird-reporting program also continued. According the DPH website, out of 24 dead bird reports, one crow was tested,but it was found negative for WNV and EEE.With the district's efforts and data provided to them, the Board of Health members were able to reach educated conclusions in regards to mosquito control.In the fall of 2006 the BOH voted to request that the district provide perimeter pesticide application to all the town ball fields and school yards — 27 — Inspection Programs The public health inspector directs the inspection program. Inspection and subsequent en- forcement is fifty percent cyclical and fifty percent event response driven.It continues to grow each year as the local population and businesses expand.The inspector oversees programs for compliance to state and local regulations for;food establishments,septic systems,rental hous- ing, massage, tanning, semi-public swimming pools, recreational camps, septic trucks and trash trucks, dumpsters, beach water testing, ice-skating rinks, beavers, solid waste issues, body art establishments and general environmental and public health nuisance complaints. Regional Initiatives North Andover also continues to be part of regional health initiatives. The Healthy Com- munities Tobacco Control Program is administered through collaboration with 9 communi- ties and financed by a state grant.The program conducted quarterly compliance checks.Two quarters of 2006 resulted in great success as no tobacco sales to minors were reported. The health director is also a member of the Greater Lawrence Bioterrorism Coalition. This post-9/11 coalition is funded though Federal Centers of Disease Control grants that have been provided to the state public health departments.The coalition is made up of seven communities.The 2006 funds were directed towards emergency plan development and edu- cation.A major goal was to increase awareness of all public health officials by requiring certi- fication in multiple areas such as the National Incident Command System. The Health Department staff wishes to acknowledge our continued satisfaction with the various appointed persons and consultant run health programs: Dr. Francis MacMillan, Town Medical physician;Mill River Inc.,septic consultant;Tech Environmental,Incinerator Air Quality monitoring; Ron Beauregard, Tobacco Control; Liz Peak Logue, Bioterrorism Coordinator; Ed Johnson, Sealer of Weights and measures, and Dr. David Lindsey, Animal Inspector. Additional thanks to board member, Cheryl Barczak, Registered Nurse, for her dedicated years of service. The Board of Health and their staff had an extremely active year with existing and emerg- ing public health challenges. Global concerns over flu pandemic and the avian flu, as well as local issues such as a EEE mosquito found in Haverhill and norovirus outbreaks have grabbed headlines,while the staff worked closely and diligentlywith local businesses and homeowners through everyday,but yet equally important issues of public health. — 28 — Annual Report Permit Statistics-2006 (Calendar Year: 1/1/2006-12/31/2006) PERMIT TYPE #OF TOTAL FEES Animal 11 $420.00 Dumpster 147 $9 300.00 Food Est. all classifications 129 $22,465.00 Food Est. Tax Exempt 13 $0.00; Frozen Desserts 5 $440.00 Funeral Director 2 $375.00 Ice Rinks 2 $270.00i Massage Est. 14 $1,920.00 Massage Therapists 26 $2240.00 Offal Haulers(fees per truck) 38 $11,570.00 Recreational Camp 19 $2350.00 Septic Disp.WorksInstallers 38 $3,190.00 Suntannmg,Est. 7 $780.00 Swimming Pools—semi-public 18 $2,700.00 Title 5 Inspectors; Title 5 Reports; Tobacco 23 $2 740M0 Well 0 $0.00 TOTAL $60,760.00 OTHER PROGRAMS Trash Hauler Permits 440 Trash Hauler Registrations 383 Trash Hauler Placards 159 Disposal Works Construction Permits 73 Soil tests conducted 46 Septic plans reviewed New/Revised 89 — 29 — Kathleen Szyska, President Historical Commission Patricia Long, Treasurer Anne Ericson, Secretary Barbara Somers Linda Tremblay The North Andover Historical Commission is a five person volunteer board whose members are appointed by the Board of Selectmen. Our mission is to serve as a resource to the citizens of North Andover in matters pertaining to the history of the town, to help protect and pre- serve documents,houses,landscapes,monuments and places of historic value to the town,and to sit on any town boards or commissions as required by law.Members of the Historical Com- mission sit on the Community Preservation Act Board,the North Andover Historical Society Board, the North Andover Historic District Commission, and the "advisory"Machine Shop Village District Commission. This year the Commission has been working on two proposals that are of historical im- portance to the town.The first is the acceptance at town meeting of Machine Shop Village becoming a Neighborhood Conservation District. The goal of this action is to protect and preserve an almost intact New England factory village from demolition and/or development. The second proposal is a Demolition Delay by-law that would preserve and protect significant buildings within the Town which constitute or reflect distinctive features of architectural, cultural, economic,political or social history of the Town, and to limit the detrimental effect of demolition on the character of the town. Restoration and preservation of the stone markers in the Old Burying Ground by consul- tants Fannin &Lehner continues.They are now working on the last third of the remaining stones and estimate that it will take two more years. The Historical Commission is indebted to Carol Majahad,Director of the North Andover Historical Society,for her continued support and assistance throughout the year. — 30 — PLANNING DEPARTMENT STAFF Lincoln Daley,Town Planner Mary Ippolito, Planning Assistant Planning Department NORTH ANDOVER PLANNING BOARD Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles, Member Richard Rowen Jennifer Kusek The Planning Department consists of a Planning Director/Town Planner,a Planning Assistant,and a five member volunteer Planning Board.The Department reviews and endorses all Approval Not Required Plans M.G.L. Ch. 41 Sec. 81-L and 81-P, all preliminary and definitive subdivision plans as required by M.G.L. Ch. 41 Sec. 81 -K to 81 - GG and the North Andover Subdivision Rules and Regulations, and reviews the Development Schedules for all subdivisions under Section 8.7 Growth Manage- ment. The Planning Department also reviews applications for the following eleven different special permits, as authorized by M.G.L. ch.40A and the North Andover Zoning Bylaw: • Section 2.30.1 Common Driveway • Section 4.125 R-6 Zone • Section 4.136 Watershed Protection District • Section 7.2.1 Access Other Than Street Frontage • Section 7.2.2 Frontage Exception Lot • Section 8.3 Site Plan Review • Section 8.5 Planned Residential Development • Section 11 Planned Development District • Section 12 Large Estates Condominium Conversion • Section 13 Continuing Care Retirement Center • Section 14 Independent Elderly Housing • Section 15 Planned Commercial Development District In accordance with North Andover Street Acceptance Procedures, the Planning Depart- ment coordinated efforts with developers on obtaining street acceptance. In preparation for the 2006 Annual Town Meeting,the Planning Department worked with developers and the Department of Public Works on obtaining street acceptance for • Berrington Place • Inglewood Street • Glenore Circle • Surrey Drive • Granville Lane • Wildwood Circle • Grosvenor Avenue Under M.G.L. Ch. 40A, Section 5,The Planning Board is responsible for advertising a public hearing for any proposed zoning bylaws to be voted upon at Town Meeting.In addition to holding public hearings, the Planning Board works on drafting any proposals or amend- ments to the zoning bylaw.This involves researching of other town's bylaws and regulations, reviewing publications, and assimilating gathered information into drafting new bylaws and regulations suited to the needs of North Andover. A significant amount of the Planning Department's staff time and effort is spent each year on keeping the bylaws up to date.At the July 2006 Town Meeting amendments were accepted to — 31 — • Amend Zoning Bylaw Section 2 Definitions by adding 2.30.A Drive-through Facility. • Amend Zoning Bylaw by adding a new section, Section 16 Corridor Development Districts to create two new mixed-use zoning districts. • The rezoning of twelve(12)parcels from their current zoning designation to the Cor- ridor Development District 1 with land fronting Turnpike Street beginning from the intersection of Hillside Road and Turnpike Street starting at 591 Turnpike Street and ending at Map 98D, Lot 46 (0 Turnpike Street, property southeast of Country Side Realty). • The rezoning of fourteen (14) parcels from their current zoning designation to the Corridor Development District 2 with land fronting Turnpike Street and parcels lo- cated within 200 feet of Turnpike Street beginning from the intersection of Hillside Road and Turnpike Street starting at 190 Hillside Road to and including 740 Turnpike Street(Mr. Sudzy Carwash). • Amend Zoning Bylaw Section 4.122(14)(B)(b) to further clarify the language involv- ing the demolition of residential homes and construction of new multi-family resi- dences within the Residential 4 District. • Amend Zoning Bylaw Section 10.31(1) Conditions for Approval of Special Permit by incorporating additional conditions for approval. • Amend Zoning Bylaw Section 4.136.(3)(c)(ii)and(iii)to modify certain uses and spec- ifying the maximum allowable area for construction or expansion of a structure in the Watershed Protection District The Planning Department is also involved in many regional organizations such as the Merrimack Valley Chamber of Commerce, the H.O.M.E. Consortium,the Merrimack Val- ley Regional Planning Commission and the Merrimack Valley Regional Transit Authority. Involvement in these organizations is required in order to receive certain services and grants. Past Year Overview The Planning Department reviewed and granted 5 watershed special permits, reviewed 16 site plan special permits, 1 site plan review waiver, 1 preliminary subdivision, and 2 defini- tive subdivisions.The Planning Department also started reviews on one Planned Residential Development/Definitive subdivision totaling 8 new housing units. #OF PERMITS SQUARE TYPE of APPLICATION REVIEWED # LOTS FooTAGE Access other than Frontage Footage 0 N/A 0 Common'Driveway 0 N/A 0 Definitive Subdivision 2 5 52,000 Frontage Exception Lots 0 N/A 0 Preliminary Subdivision 1 3 39,000 Site Plan Review 16 14 70,331 Site Plan Review Waiver 1 1 0 Watershed Special Permits 5 5 11,631 TOTALS 25 28 172,962 Economic development efforts continued in 2006 with the creation of two new zoning districts, Corridor Development District 1 &2 and the rezoning of 26 parcels along the Rte. 114 corridor. The new zoning districts provides a greater opportunity for creative develop- ment by providing design guidelines which encourage a mix of uses compatible with existing and neighboring residential properties.The creation of the Corridor Development Districts — 32 — was the direct result of the coordinated efforts of the Board of Selectmen, Planning Board, Planning Department, and residents to develop and promulgate development tools and ad- vance the commercial base in North Andover. The Planning Board meets regularly, as needed, two Tuesdays of every month and con- ducts Saturday morning site visits.Planning Board Meetings are held at the Town Hall Board of Selectmen Meeting Room located at 120 Main Street. All interested persons may appear and be heard. Persons needing special accommodations and/or those interested in viewing the application materials should contact the North Andover Planning Department at (978) 688-9535. William P. McEvoy, Chairman Keli Bannister Recreation Department Tom Ippolito John Driscoll Joan Heafey William McCarthy Barbara Pybus Christopher Rock The year 2006 was the 60th year of activities of the North Andover Recreation Department. This also is the 50th year of the Sunday Skating Program at Brooks School. This remarkable history of service and enjoyment to the residents of North Andover and all the numerous visitors who also enjoyed these programs was the legacy of William P. McEvoy. "Bill"was the driving force to keep these programs going in the most difficult of financial times. When budget cuts threatened their existence his tireless fundraising efforts continued the band concerts and children's summer activities.The generations that have been the recipients of his efforts honor his legacy as the Youth Services Department will continue these programs. On July 11,2006 our beloved Bill—"Mr.Mayor,"husband, father, brother,Town leader, veteran, "volunteer extraordinaire", elected official, fire fighter, and friend—passed on. As time passes we realize just what he had done as large voids in so many hearts and organiza- tions appear. His dedication and service to his family, community, and country are tributes to William P.McEvoy.We remember him with affection. His friends,family, and the grateful residents of North Andover and Recreation Council. — 33 — BOARD OF TRUSTEES William B. Duffy,Jr., Chair Peter Lafond, Treasurer Stevens Memorial LibraryE.William Hansen Maria Galvagna Mesinger Mary Ellen Osgood Martha Salisbury Ray Vivenzio Sue Ellen Holmes, Director To the Citizens of North Andover The Trustees of the Stevens Memorial Library herewith present their 98th report,which is for the period January 1,2006—December 31,2006. To the Trustees of Stevens Memorial Library: I hereby submit the 98th report of the Director: The year 2006 was very busy for the library and staff as we tried to meet the needs of all of our patrons. Our Reference Department, staffed by Addie Pearson, our Head of Reference/YA Ser- vices, Ginny Moore,Jill Barker and Ellyn Spencer,continued to assist patrons(including stu- dents) in their search for information and resources, in filling their interlibrary loan requests and maintaining the non-fiction and audio-visual collections.During 2006 our Young Adults were at the top of our list of priorities.Late in the spring staff members met 700 to 800 Middle School students to booktalk titles found on the summer reading list.Throughout the summer the Greene Street wing was reorganized for an expanded area for the Young Adults.In the fall and winter the Reference Department hosted a book club for Middle School students,offered training in the use of the online catalog for 6th graders at the Middle School, and sponsored a program for parents on funding for college. And through MVLC, our library consortium, we offered(and continue to offer)downloadable digital audiobooks(to your computer or MP3 Player) and access to the Virtual Catalog, allowing patrons the ability to order materials from other libraries in Massachusetts. This enables researchers and others access to hard to find titles. Lisa Belfiore, our MIS Library Assistant, worked wonders with our limited funds and equipment. She assessed our needs, updated, repaired and replaced equipment. An article written for the Citizen resulted in wonderful donations of computers, monitors, etc. from local residents, enabling us to update and repair equipment, replace outdated technology and offer more to our patrons. In the past year we added a new feature to our Home Page (www. stevensmemlib.org) called Book Letters. Patrons can sign up for newsletters alerting readers to new materials according to genre.There are links to an Author Directory, Best Sellers & Awards, Reviews, etc. The Children's Room was busier than ever during 2006. Marina Salenikas, Head of Children's Services, Susan Bergman, Assistant Children's Librarian, and Library Assistants Donna Wray and Mary Ellen Flynn Kupiec, continued with their special book displays and special events.Seasonal and other special hand-outs were prepared and available on an on-go- ing basis.During the year they hosted a reception for young authors from our five elementary schools who had been published in Appleseed, a local publication for young people.We hope this will be an annual event.Four new book clubs were initiated for grades 3,4,5 and 6 which have been extremely popular.A local author oversaw discussion of her book and signed copies for those in attendance. We have added another Book Club Kit for loan using this author's work. In addition to regular storyhours and special programs for holidays and vacations our — 34 — children's staff has been providing skill classes for grades five and six to keep them up to date in the usage of a library. Carol Obert, Head of Circulation, ably assisted by Karen Bellaire, Sally Fowler, Ellen Reusch, and Loretta Westerhoff keeps the library running smoothly. Our Circulation Staff is Customer Service personified.They meet and greet every person with a smile,check thou- sands of materials in and out,issue library cards,book the meeting room and museum passes and process all those interlibrary loans requested by our patrons. Due to the high volume of circulation and interlibrary loans the staff has worked diligently in the past year to stream- line procedures and increase efficiency to better serve our patrons. Take note of those great displays of new materials that are provided by our very busy front line staff for our very busy patrons in the lobby area near the Adult Circulation Desk. Our Technical Services Department (Library Assistant, Maura Deems) processes all of our new materials, print, nonprint, Book Club Kits, Quick Reads and memorial gifts(with those special book plates). Maura makes sure that all new materials are processed and into your hands the same week they are received at the library. In many(or most cases) they are ready the same day they are received at the library. Be sure to check out our weekly column in the No.Andover Citizen. It is written by the Director, the Children's Librarian, our Reference staff and our Technology Assistant. We keep you up to date on a variety of library activities,programs and informational items. Our Friends of the Library supported museum passes, including the Museum of Fine Arts, the Children's Museum, Isabella Stewart Gardner Museum, Peabody Essex Museum, the JFK Library and the MFA(co-sponsored with the No.Andover Women's Club)and pro- grams. Several of these wonderful programs were co-funded and co-sponsored with the No. Andover Cultural Council.A Rental program for DVDs is a new offering from the Friends. This allows us to provide more current titles to our patrons. Our building needs are constantly attended to by Bill Ford,our wonderful custodian.Try- ing to keep it clean and in good repair is a challenge when we are open 67 hours per week and 52 weeks per year.We have over 150,000 people entering our doors annually.Keeping up with everyone's needs in 37.5 hours per week is a monumental task even for the best Custodian. This year we replaced a compressor in our rooftop HVAC. And, because of damage in our public bathroom the partitions needed to be replaced in both.We thank you for your patience as we endeavor to keep everything clean and in working order. We thank our Friends for their fundraising efforts—book sales and the Entertainment Books, which in turn help to fund our museum passes, and many of the activities in the Children's Room and some of our adult programs. We thank our High School Pages and our Volunteers who enable us to do even more for you, our patrons. We thank the Trustees for their financial support in supplementing the needs for the building,books and materials, equipment and programming.Many thanks to all the people who help us in our quest to pro- vide the very best service to the townspeople of North Andover.We thank our wonderful and caring patrons and all those who remember the library with their gifts,donations and memo- rial remembrances. And not to be forgotten—special thanks to the Garden Club members and their very special floral arrangements which have brightened up our Adult Circulation Desk and for the lovely outdoor urns and holiday wreaths beautifying our entrances.In 2007 we will celebrate the 100t'anniversary of the Stevens Memorial Library.Watch for our special events.We hope to see you at the library. Respectfully submitted, Sue Ellen Holmes, Director — 35 — Report of the Board of Trustees The Board of Trustees extends their thanks and appreciation to the staff who provide such extraordinary Customer Service to the citizens of North Andover and to the volunteers and Friends who help to make the library a better place. The Board of Trustees continues to oversee the investment and expenditure of Endowed Funds and Special Gifts.Proceeds from donors purchase books,materials and equipment and are used to care for the building and grounds and to sponsor library programs and activities. Respectfully submitted, William B.Duffy,Jr., Chair Peter Lafond,Treasurer E.William Hansen Maria Galvagna Mesinger Mary Ellen Osgood Martha Salisbury Ray Vivenzio Library Statistics FY00 FY01 FY02 FY03 FY04 FY05 FY06 Acquisitions 5,368 4,301 5,453 5152 5,595 5,0-53 6,150; Circulation 183,855 189,165 201�,106 216,641 210,314 218,117 220,477 Museum Passes 833 771 613 534 694 619 642 Inter-Library Leans 6,029 10,283 20,467 2,988 39,185 46,796 46,978 Reference Questions 10,571 11,961 12803 11,476 17,823 ' 18,824 20,384� Programs Offered 304 294 299 251 157 ' 1�15 108' Program Attendance 620 6,121, 5705 4,382 1,713 2,029 2,571 Library Usage 168,881 166,821 177,427 182,750 174,773 155,638 148,151 Meeting Room(s) Usage 605 615 581 617 512 495 473 Hours Open 3,352 3,229 3,199 3,217 2,899 2,864 3,196 #of Library Card Holders 23,285 24,379 25,155 26,598 27,493 25,901 26,483 Avg.Weekly Computer Use 200 264 441 492 400 389 Home Page Hits 31,656 40,442 37,353 40,069 72,754 - 36 - Stevens Memorial Library Stevens Memorial Library Endowment Fund Income Account Activity Special Gifts Fund Account Activity 7/1/05 to 6/30/06 7/1/05 To 6/30/06 Endowment Fund Income Balance 7/1/05 $583.33 Special Gifts Fund Balance 7/1/05 $18,622.54 Receipts Receipts From Endowment Fund $3,000.00 Special Gifts $3,230.00 From Phillips Fund Grants $300.00 Memorial Contributions $1,000.00 Total Receipts $3,000.00 $3,000.00 Lost Books $2,530.84 Expenditures Other $56.75 Books & Periodicals $756.25 Interest $87.71 Building Maintenance 0.00 Total Receipts $7,205.30 $7,205.30 Furniture& Equipment 0.00 Programs 958.95 Expenditures Miscellaneous 815.70 Books $3,010.71 Bank Service Charges $0.00 Programs $4,130.27 Other $0.00 Total Expenditures $2,530.90 ($2,530.90) Total Expenditures $7,140.98 ($7,140.98) Ending Balance 6/30/06 $1,052.43 Ending Balance 6/30/06 $18,686.86 Endowment Fund Valuation Value as of June 30,2006 $393,618.67 — 37 — Endowment Fund Valuation Value as of June 30, 2006 $393,618.67 FUNDS HISTORICAL VALUE PRESENT VALUE Charles Whitney Davis Fund $10,000.00 $18,224.54 Carrie Millar Dushame Memorial $50,000.00 $54,831.08 Phillips Fund $2,550.00 $6,415.98 Berrian Fund $1,000.00 $3,188.31 Elizabeth P.Stevens Fund $10,000.00 $25,633.94 Nathaniel/Eliz. P.Stevens Fund $25,000.00 $57,704.50 Dale Stevens Fund $13,500.00 $32,040.56 Anne Bradstreet Fund $1,500.00 $3,188.31 M.T. Stevens, Abbot Stevens $61,682.81 $192,361.45 Mary O. Tyler Stevens & Reynolds Tota 1 $175,2 32.81 $393,618.67 Stevens Memorial Library Copier Fund Income Account Activity 7/1/05 to 6/30/06 Copier Fund Balance 7/1/05 $5,029.54 Receipts Adult copier $2,248.10 Children's Room Copier $990.50 Computer Printouts $757.00 Total Receipts $3,995.60 $3,995.60 Expenditures Expenditures $4,771.92 Bank Service Charges $93.17 Total Expenditures $4,865.09 ($4,865.09) Ending Balance 6/30/06 $4,159.75 — 38 — Veterans' Services North Andover—Boxford District Edward V. Mitchell, Director of Veterans'Services Per Chapter 115 of the General Laws, the Town of North Andover re-appointed Edward V. Mitchell to the position of District Director of Veterans Services, on May 2003 for an addi- tional three-year term ending.June 30,2009. The Department o f Veterans'Services is to advocate on behalf of all the Commonwealth's Veterans and provide them with quality support services and to direct an emergency financial assistance program for those Veterans and their dependents who are in need of benefits and services. In 1946, the Selectmen of the Towns of North Andover and Boxford voted to form a district and appointed a District Director of Veterans' Services to carry out the provisions of Chapter 115 of the General Laws.The Veterans Service Officer (V SO) is located at the North Andover Town Hall on Main Street.Walk-ins are always welcome however;we recom- mend calling first to ensure a representative is present. Office Hours Monday thru Friday 8:30 A.M.to 4:30 p.M. (978)688-9552 or for urgent matters,call(978)807-7286,ore-mailus atveteranagent@comcast. net *If necessary the V SO will make home visits. Services Provided as Directed by the Commonwealth of Massachusetts • Financial assistance • Medical Services • Educational&Burial Benefits • Property Tax Exemptions • Veterans War Bonus • Motor Vehicle Plates(Veteran, P.O.W.) • Local Veterans Cemetery interment • Gold Star Mothers&Fathers Annuities • Blue Star Service Banners • Welcome Home Bonus Program • Civil Service Employment&Housing Obtaining copies of discharges • Replacement of Service Medals • Burial Internment for Veteran and Spouse • V.A. Home Loans and education benefits • Life Insurance and Widows Pensions • Veterans Disability Comp&Pensions • V.A. Hospitals/Clinic Enrollment&Prescription plan • V.A.Work Study Allowance Program All of these programs are subject to eligibility according to State and Federal Guidelines. Accomplishments • Dedicated the Vietnam Fallen Heroes Memorial • Appointed Iraq War Veteran Philip Brooks as the Veterans Graves Officer for a term of three years ending on June 30,2009. — 39 — • Processed four Welcome Home War Bonus, awarding our returning War Veterans with$1,000.00 each. • Recognized POW&MIAs during the Annual Red Cross Salute to Veterans Breakfast. • Provided informative lecture to the Veterans of Foreign Wars, the American Legion and the Senior Center. • Convened&Chaired the Patriotic Observation Committee in the planning of Memo- rial Day, Patriot Day and Veterans Day Ceremonies. • Presented four Blue Star Service Banners to families with loved ones serving in the Armed forces. • Assisted five families with emergency fuel assistance. • Provided 29 Veterans and/or Veteran families with emergency financial assistance. Expenditures The Veterans Services paid out $131,497.69 for emergency financial assistance with 75% of this expenditure being reimbursed by the Commonwealth of Massachusetts. Veterans,we want you to receive the Benefits You and your family have earned. Contact your Veterans Service Officer Today! NORTH iANDOVER/BOXFORD VETERANS SERVICES DISTRICT BOARD MEMBERS Director of Veterans Services: Edward V. Mitchell Boxford Town Manager:Alan Benson North Andover Town Manager:Mark Rees Graves Officer: Philip Brooks — 40 — Rick Gorman, Director Carrie Crouch, Chair Youth Services Thomas Burkardt Jack Shaw Gerald Sanford Peter Breen Olien Lu Bill Masterson The Youth Services Department, under the direction of Rick Gorman, continued to provide superior quality services and a full compliment of programs despite a 25% cut in full time staffing in August 2006. The programs consisted of support programs, court-related pro- gramming, student leadership programs, family and individual services as well as a host of social,recreational and adventure services.In 2006 the Youth Services serviced 3400 youth. The outstanding professional staff consists of Rick Gorman, Executive Director, Ted Schruender, Program Coordinator and Jenn Conway, Support Services Coordinator. The Joseph N. Hermann Youth Center continues to thrive despite limited town funding to operate the center. The center is open six days a week for middle and high school aged youth.We have also built in time on Saturdays for 4th and 5th graders to give them a feel for the center prior to middle school. Our extensive summer programming, services over 1000 youth. The eight weeks dur- ing the summer are filled with camps, clinics, recreational programs, playground programs, events and field trips. The Youth Services is also responsible for Stevens Pond. The pond, which will be going through major renovation work in 2007 is one of the hidden gems of the community. We presently have an annual membership base of 820 youth. Our annual membership fee is a very reasonable $75 and no child is ever turned away due to an inability to pay. In 2006 our staff consisted of three full-time employees, student volunteers, adult volun- teers,program leaders,interns and part-time staff.During the summer our part-time employ- ees swells from 20 to 100. We are very proud of our opportunity to provide jobs for North Andover youth. The Youth Services program has also taken over running a number of former Recre- ation Dept programs.Brooks Skating,4th grade basketball and the summer special events for younger kids will now fall under youth services jurisdiction. Due to budget cuts, our very popular Challenge Course in the town forest along with our very popular adventure programs have been suspended.We are hoping to regain the adventure position and re-open these services in July 2007. The Youth Services Director also chairs the Town's Fields Committee. This position is responsible for permitting fields, working with our youth sports programs and developing short and long term plans for field use and development. A number of adult committees are actively involved in the daily work of the Youth Cen- ter. These adult volunteer committees work on fundraising, annual fund, marketing, public relations,finance and budgeting and technology.The Youth Services Board of Directors and Joseph N. Hermann Youth Center Inc. also is continuing work long range planning for the department and center. We thank the Joseph N Hermann Youth Center Inc for their continued financial and emotional support of the center.We are also happy to inform the public that the Youth Ser- vices continues to be used as a model of excellence by many communities throughout New England.We have now assisted 26 communities in their quest to start similar programs. The lifeline of the Youth Services community continues to be support services and I am pleased and proud of our constant mission of helping the youth and families of this commu- nity.The following are the services provided over the last year: — 41 — Adventure Programs Student-run Programs All adventure programs were eliminated this • Youth Council year due to budget cuts • Teenco Dance Committee • Give Back Support Services • Diversity Committee • Youth Discussion Groups • Skateboard Committee • High School Girls Group • Step Team • Middle School Girls Group • Tutoring • Youth Tracking and Outreach • Mentoring • Holiday Giving Program • Community Involvement projects • Thanksgiving Program • Crisis Intervention Special Programs • Information and Referral Services • Diversity week • Job Bank • Youth Center Fundraisers • Mediation • Youth Center Annual Fund • Consultation to Schools • Youth Center Carnival • Individual and Family Assessment • Youth Appreciation Day • End of school year celebration Social/recreation Program • End of summer celebration • 7th and 8th grade TEENCO • NAYS/YMCA 3 on 3 Tourney • 6th grade TEENCO • Holiday events • 8th grade Dress-up Dance • Youth Concert Series Court-related Programs: • Basketball Tourneys • Juvenile Diversion • Fall Flag Football • Community Service • Summer Hoop Leagues • Information and Referral • Winter Hoop Leagues • Youth Center Classes • 4th grade recreational basketball • Crusaders Special Olympics • Grandstand Snack Shack Operation • Lip Synch Contest • Field trips • Weekly competitions • Rock Climbing wall • Skateboard park • Summer Fun • Scarlet Knights Academy • Basketball Camps — 42 — Jeffrey J. Coco, Director John J. Coco, Deputy Director CO-DEPUTY DIRECTORS: Emergency Management Richard M. Stanley, Police Chief William V. Dolan, Fire Chief Richard C. Boettcher, Commanding Officer, Auxiliary Police John P. Savastano, Senior Operations Officer William Hastings, Senior Communications Officer The year 2006 was a challenge for Emergency Management,the Police Department, Fire De- partment and Department of Public Works due to two significant natural events. The first event was the February windstorm, a microburst down draft,which damaged several dwellings and toppled many trees.The second event was the May flood,which affected the majority of our community.I would like to commend the response of this agency's divisions:Operations,head- ed by John Savastano,Communications,headed by William Hastings and Auxiliary police. Commanded by Sergeant Richard Boettcher.Their dedicated response during this natu- ral disaster helped ease a cumbersome burden places on public safety and our citizen during and after this event.A special note of thanks to our dedicated fire,police,public works,health and inspectional services departments,whose efforts in the line of duty and above and beyond, helped minimize the impact upon our town.The Board of Selectmen,Town Manager's office and every municipal department played key roles in helping our community through this dif- ficult period.Above all,thank you to the citizens of our town who displayed a level of compas- sion and caring for their neighbor,that is unrivalled in any community. During September our Communications and Operations divisions again supported the annual Merrimack Valley Elders Walk for life through North Andover. This operation was successfully completed without incident. Our RACES communicators continue to support monthly communications tests with MEMA to maintain communications proficiency and readiness in event of emergencies.We also conduct weekly testing of our primary communications to insure readiness during emer- gency situations. The RACES and Auxiliary Police as well as the Emergency Management operations staff contribute countless hours of voluntary services to the town in support of any events that may re- quire communications coverage or crowd control and public safety assistance during incidents. We continue to recruit operations officers and RACES communicators holding valid Ra- dio Amateur Licenses from the Federal Communications Commission(FCC).We are also on the lookout for volunteers to join our Auxiliary Police group.Auxiliary Police candidates must be over the age of 21 and able to pass a background investigation conducted by our local police department. All town residents meeting these criteria are eligible to apply regardless of race, sex or creed.Interested individuals may contact the undersigned at any time. As always our thanks to the many town boards and departments including Town Manager, Mr. Mark Rees, the Finance Board, Honorable Board of Selectmen, DPW, Police, and Fire Departments who can always be depended on to support our efforts including all MEMA exercises and real emergencies that may arise. My personal thanks to Deputy Director John Coco,the Emergency Management Opera- tions Staff,headed by John Savastano,the Communications staff,headed by William Hastings and the RACES communicators and the Auxiliary police,headed by Sgt.Richard Boettcher. Without your dedicated support and all the voluntary service you provide to our community, our agency could not support our community.I greatly appreciate your time and effort. We lament the loss of communication office Robert Wilson,who passed away in January 2007. Bob's dedicated spirit and willingness to help will be missed by all who knew him. — 43 — Fire Department William V. Dolan, Fire Chief Mission Statement The North Andover Fire Department is an organization dedicated to the protection and pres- ervation of life and property through aggressive fire suppression, fire prevention, emergency medical services, public education, hazardous materials control and containment,the mitiga- tion of other disasters, natural and manmade, and to be of assistance to the public. 2006 Overview The spring flooding in May of 2006 was the worst in the Town and Merrimack Valley since the flood of 1938. On Sunday May 13 the department began to respond to citizens calls for flooding in their houses on Olympic Lane and Salem Street.As the outlying streams receded the Merrimack River began to crest,which affected the ability of tributaries to empty into it. This was the case of the flooding in the Shawsheen River. For the next five days the depart- ment responded to an increasing number of calls for flooding.The department would shut off the utilities,gas and electric and assist homeowners in any manner possible,including evacu- ation. The department placed every piece of equipment that could be used into service and increased staffing for the duration. Since all of our surrounding communities were experienc- ing the same situation or worse,our ability to provide services was in our own hands.The fire department worked with police, emergency management, DPW, Board of Health, Building, senior citizens center and church, school groups and private parties to assist those citizen af- fected by the flood.When the floodwaters had receded the firefighters and many volunteers continued to provide assistance.It was a great testament to the spirit of community that exists in North Andover.That commitment to customer service occurs on a daily basis between our fire personnel and the citizens they encounter. Retirees in 2006 • Lt. Robert Fogarty—hired 23 April 1976; retired 28 July 200-30 years of service • FF Stephen C. Long—hired 8 February 1976;retired 8 March 2006-30 years of service. • FF Michael Colbert—hired 1 March 1998; retired 21 October 2006 as a result of job related cancer. As always we are thankful to you our citizens and our customers in providing the resources we need to continue with our mission. Report of the Fire Department RESPONSES JANUARY 1, 2006 To DECEMBER 31, 2006 Fire and Rescue 2335 Ambulance responses 2756 Fire prevention Code Compliance Inspections conducted by the Fire Prevention Office 934 REVENUE FY 06 Fire Prevention Permits $46714 Ambulance service $770526 Fire Alarm Service Fees $25325 — 44 — Police Department Richard M. Stanley, Chief The floods in May of 2006 taught us a lot about working together as town agencies. I am proud of how the police officers, firefighters, public works employees, community develop- ment agencies as well as elected and appointed officials reacted to the disaster and worked together with emergency management agencies to direct relief efforts to those who needed them most.Many groups and members of the community came together as well and they were very supportive of our efforts and we thank them for their contributions of time and materials to help others. During 2006 members of the Police Department successfully improved two important community programs.Two new officers were trained as car seat installation technicians and have been able to assist numerous residents with the installation of child safety seats and booster seats.They have also assisted other communities by participating regionally in a num- ber of car seat checkpoints.This seat installation service is available by appointment and is free to residents.The technicians are Officer Ashley Kmiec and Officer Katherine Knab. A new School Resource Officer began working at North Andover High in September. Officer Thomas Donovan began a number of new programs aimed at introducing interested students to police work via a mock police academy.Students participated in"ride-alongs"with officers as well as a number of drills and classes about police work.They also assisted the po- lice with several community projects. Our community programs included an expanded KIDRAD(Kids Resist Aggression De- fensively) program that involves specially trained officers teaching personal safety and self- defense to children ages 5 to 12. This program helps build the children's ability to be more aware of their surroundings and how to react if approached by a stranger. Traffic continues to be one of our most constant and challenging issues. Officers spent a lot of time concentrating their enforcement efforts on the known commuter routes or"back roads" and short cuts through town. Special enforcement teams should be able to assist with this in the spring pending the approval of a grant application to the Governor's Highway Safety Bureau. We appreciate resident's input and suggestions and thank you for your continued support in our efforts to keep North Andover a safe community in which to live,work and visit. Citations Type of Offense Type of Offense Crosswalk Violation 8 Unregistered/Uninsured MV 380'' Defective Equipment 310 Passing;Violation 88 Failure to Stop for Police 12 Red Light/Stop-Sign Violation 461 Failure to Yield 16 Registration Not in Possession 153 Improper Left Turn 23 Seat Belt Violation/Child Restraint Violation 147' Marked Lanes Violation 88 Speeding 1116 Miscellaneous Motor Vehicle Violations' 697 Violation of State Highway Signal/Sign ' 33 Inspection Sticker Violations 1042 Number Plate Violation' 170 Total Citations 4956 i License Violations 212 — 45 — Criminal charges Type of Offense Type of Offense A&B - Household Member 29 MV Theft, False Report of 1 A&B on Police Officer 4 Motor Vehicle, Receive Stolen 7 A&B'with Dangerous Weapon 3 Negligent Operation of MV 3 Abuse Prevention Order,Violate 6 Noisy and Disorderly House, Keep 3 Alcohol from Open Container in MV 8 OUI Drugs 3 Assault 27 OUI Liquor 48 Attempt to Commit Crime 4 Possession Class A Substance 4 Breaking and Entering 19 Possession Class B Substance 14 Burglarious Instrument, Possess 3 Possession Class C Substance 2 Conspiracy 16 Possession Class D Substance 25 Credit Card, Larceny of 2 Possession Class E Substance 4 Crime Report, False 1 Possession of Hypodermic Needle 5 Dangerous Weapon,;Carry 3 Resisting Arrest 12 Destruction of Property, Malicious 12 Robbery,Armed&Masked 1 Disguise to Obstruct Justice 1 Shoplifting 71 Disorderly Conduct ! 22 Stop for Police, Fail 7 Distribution of Class Substance 1 Threat to Commit Crime 3 Disturbing the Peace, 2 Trespass 18 Firearms violations 3 Unlicensed Operation of MV 42 Fugitive From Justice on Court Warrant 9 Use MV without authority 1 Furnishing false name or SS#'to Police 2 Uttering a False Prescription 3 Identify Self,,MV Operator Refuse 1 Witness, Intimidate 5 Larceny 17 Warrant Arrests 62 Leave Scene of occident 7 Lewd,Wanton & Lascivious Conduct 1 Total Arrests 490 Lewdness, Open and Gross 2 Total Summons/Hearings 381 License Violations 84 Total Protective Custody 21 Liquor violations 24 — 46 — Division of Public Works J.William Hmurciak P.E., Director Water Supply & Distribution In Fiscal Year 2006, the following were installed as part of the North Andover Water Dis- tribution System: 6,512 feet of twelve-inch water main, 10,168 feet of eight-inch water main, and 70 feet of six-inch water main; plus 10 twelve-inch gate valves,26 eight-inch gate valves, and 38 six-inch gate valves; and 36 fire hydrants. The water distribution system now consists of. 145.77 miles of main pipe; 6 twelve-inch, 2 eight-inch, and 1 six-inch check valves; 4 twelve-inch altitude valves; 5 twenty-four-inch butterfly valves;537 twelve-inch,4 ten-inch, 1059 eight-inch, 1828 six-inch, and 4 four-inch gate valves; and 1456 public hydrants. Size of Pipe (Inches) 24 12 10 8 6 4 3 Length of Pipe (Feet) 1917 271,026 7615 400,894 86,873 684 160 There were installed in 2005-2006 either wholly or partially, 74 water services. Five dam- aged fire hydrants were replaced and 21 water main breaks or leaks were repaired. Hydrants were inspected,repaired,flagged, and painted where necessary. In Fiscal Year 2006, as part of the town's water main rehabilitation program to replace unlined water mains,N.Cibotti,Inc.installed new water mains in Academy Road and Wood Ave.N. Cibotti,Inc.also extended a new water main in Forest Street from house#263 to the Long Pasture subdivision, creating a beneficial loop to the town's water distribution system. The Sutton Hill High Service Area was expanded with the addition of a new water main on Chestnut Street from Sutton Hill Road to Chestnut Court. The installation of several new valves and hydrants in Johnson Street from house#93 to Johnson Circle allowed for the area's STATISTICS RELATING To DISTRIBUTION SYSTEM Kind of Pipe Cast Iron and Ductile Iron Sizes 3"to.24" Extended During the Year(Feet) 16,750 Discontinued(Feet) 2754 Total Number of Hydrants Added during the Year 39 Total Number of Hydrants Now In Use 1447 Number of Stop Gates Now In Use 3437 Number of Stop Gates Smaller than 4 Inches 0 Number of Blowoffs 6 Range of Pressure on Mains 20 To 148 psi Kind of Service Pipe Cement Lined, Lead Lined, Copper, Cast Iron, Ductile Iron Size of Service Pipe 3/4"to 10 Number of Service Taps Added this Year 74 Number of Service Taps Now In Use 7409 Number of Meters Installed 1424 — 47 — inclusion into the Sutton Hill High Service Area and provided an additional feed to Heath Road and Heath Circle. As part of the town's meter replacement program, Five Oaks Construction replaced 925 old meters with the new radio-read type meters.Town employees replaced an additional 376 meters.Two future meter replacement projects will completely convert the town's meters to a radio-read system. Drinking Water Treatment Plant, Pumping Stations, and Water Storage Facilities The Department of Environmental Protection honored the North Andover Water Depart- ment for "its outstanding performance and achievement to have placed among the top five percent (5%) of public water systems in the state." This award recognized "the effort and dedication by the Water Department to meet the ever evolving federal and state requirements, and the fact that the system also conducted many non-regulatory activities to help promote quality drinking water.It is the Department's belief that this public water system went above and beyond what is required to supply quality drinking water and should be recognized for their endeavors." The Water Treatment Plant FINISHED WATER PUMPED FY 2006 also received an award for the fifteenth year in a row from the Massachusetts Dental Society MONTHS MILLION GALLONS(MG) for "excellence in maintaining optimal com- July 2005 135.2046 munity water fluoridation as a recognized sci- Augu'st 145.8141 entific public health measure in the prevention September 117.8833 of dental decay." October 86.3218 In June the Water Treatment Plant sent out November 72.0564 approximately 11,325 educational water qual- December 2005 71.2916 ity reports to all residents of North Andover. January 2006 73.0884 The purpose of these brochures is to keep the February 63.8254 public informed and educated about such sub- March 69,3568 ' jects as the water treatment process, analytical April! 72.0471 test results,lead in drinking water,source water May 85.5415 protection,water conservation,and contamina- June 06 91.5322 tion from cross-connections. Educational tours were also given throughout the year. TOTAL 1083.9632 Due to a new regulation the Water Treat- ment Plant has collected samples twice a month Average daily consumption 2.9698 MG/day for the protozoans, Giardia lamblia and Cryp- Max day pumping-July 26, 2005 6,0056 MG tosporidium, in the lake water. All samples Largest pumping week—July 7-13 2005: were negative for the two protozoans. 38,0683 MG`s As in previous years the chemical copper sulfate was added twice to the lake as a con- trol technique for algae.The levels of algae are carefully watched,especially in the summer,as this can cause problems with filtration,which would increase the cost of treatment. This year all Water Treatment Personnel were trained/retrained in Lock Out/Tag Out. This is an OSHA safety standard for the proper methods to use while working with all types of energy sources. This is just one example of on going training that all water treat- ment personnel go through each year to keep them abreast of the latest methods for safety or technology in the water treatment field. All operators also fulfilled all required educational requirements needed to maintain their licenses in the water treatment field. The Mass DEP selected the towns Water Storage Tank project for inclusion within the 2006 Intended Use Plan(IUP)for the State Revolving Fund(SRF) program.This inclusion in the IUP means the project is eligible to receive a state- subsidized 2%loan from the state Water Pollution Trust to construct the project.Three bids were received and opened on May — 48 — 3,2006 for construction of the Water Storage Tanks.The Contract was awarded to the low bidder Waterline Industries Corporation for the total bid amount of $5,267,677.00. Work commenced on the project in July 2006. The high voltage circuit breakers and motor control centers at the Water Treatment Plant were inspected and underwent diagnostic testing&adjustment by a professional outside vendor. In the fall of 2005 Carbon Filters 1, 3 &5 were fitted with 49,000 lbs of virgin Granular Activated Carbon (GAC) each for a total cost of$98,000. Filtration sand was also added to replenish sand back to design levels.All(8) filters now contain sand volumes of design level. These 3 filters cleaned a total of 1713 million gallons of water over a 4-year period. Cross Connection Control Program The program is ongoing annually and maintained through a contracted professional who is a certified inspector and backflow device tester within the State of Massachusetts, in ac- cordance with the Department of Environmental Protection, Division of Water Supply 310 CMR 22.22 Regulations.The Town's Water Department is ultimately responsible for all ac- tions regarding this program to insure that it is managed and maintained correctly according to Federal&,State Laws. Sewage Collection &Treatment In North Andover,sewage is designed to flow in three divisions:The East Side Drainage Area with its trunk sewer following Lake Cochichewick, Stevens Pond, and Cochichewick Brook to the Merrimack River;the West Side Drainage Area with two trunk sewers:one on Waverly Road,Mass Ave, Beverly Street and Sutton Street,the other along the Shawsheen River; and the Central Drainage Area bounded by Waverly Road,Middlesex Street, and Main Street to the Merrimack River byway of the Greater Lawrence Sewage Treatment Plant. In Fiscal Year 2006, the following were installed as part of the North Andover Sewage Collection System: 1490 of 12-inch PVC pipe, 12,257 feet of 8-inch PVC pipe, and 75 man- holes.The sewage collection system now consists of 86.6 miles of sewer main with 5398 house connections. Size of Sewers Length of Sewers Size of Sewers Length of Sewers (inches) (feet) (inches) (feet) 36 440 15 2889 30 5461 12 38,410 27 4171 10 10,267 24 18,469 8 261,329 20 9547 6 82,154 18 23,992 As part of the town's sewer extension program, RM Pacella installed new sewer lines on Glencrest Drive and Dale Street from South Bradford Street to Winter Street.The new sewer lines connect to a private subdivision called Meetinghouse Commons off Dale Street. Other private subdivisions extending the town's sewer collection system in FY06 include The Mead- ows off Route 114 at the Middleton line, Autumn Chase off Summer Street, and Marengo Street off Waverly Road. The town's next sewer extension project, Phase 4C,was awarded to L. Perrina Construc- tion. New sewer lines will be installed in Great Pond Road from Fox Hill Road to Stevens Street and in Dale Street from Appleton Street to the Town Farm.Both streets are within the Lake Cochichewick watershed and will help to protect the lake by the elimination of septic systems. The town's sewer consultant, SEA Consultants of Stoneham,MA, is designing our next project in the Lake Cochichewick watershed,known as Phase 4D.New sewer lines are planned for sections of Woodberry Lane, Bradford Street, and Sutton Hill Road. — 49 — Sewer Pump Station (SPS) A sewer mechanic was added to the sewer pump station staff.The addition of this person now completes our staffing objective for the formation of an efficient and safely operating sewer department. The pumping machinery at the Winter street sewer pump station was modified to elimi- nate the long coupled shafts by direct coupling the motor to the pump. The improvements have produced increased horsepower and efficiency and considerably reduced blockages with- in the pump cavity and motor failure. The check valves at the Alcott Village Pumping Station were overhauled. A new automated alarm system was installed at the Dale St. Pumping Station. A flow meter has been installed at the Rae's Pond sewer pump station. A word of gratitude is due to those Water, Sewer and DPW staff members who worked long, hard hours to maintain water and sewer systems in working order during the Mothers Day Rain Storm in May 2006,which flooded many low lying areas in North Andover. Solid Waste Collection and Disposal Waste Management of New Hampshire completed the second year of a three-year contract for collection and transportation of solid waste.A total of 9,969 tons of solid waste was deliv- ered to the Wheelabrator facility on Holt Road in FY 06.The total was 749 tons less that FY 05, a decrease of 7.0%. The enforcement of waste bans on visible recyclables in the trash continued to reduce the overall tonnage in FY 06, despite an increase in Solid Waste tonnage in May and June due to the"Mother's Day"floods.The reduced tonnage in FY 06 saved over$ 47,900.00 in tipping fees. The fourth annual Earth Day cleanup was a huge success. 200 Volunteers removed 60 cubic yards of trash from roadways and public areas. Recycling The Solid Waste Advisory Committee's efforts to promote and enhance recycling continued to be very successful in the past fiscal year. Programs to improve education and outreach, increase school recycling volumes, collect all numbered plastic curbside, and not allow visible cardboard and paper to be placed in the trash have appreciably decreased solid waste tonnage and increased recycling tonnage. A total of 2,317 tons of paper, glass, tin, aluminum and plastic were recycled in FY 06. The total was 236 tons greater than FY 05 an increase of 11.3%.The Town received a Munic- ipal Recycling Grant for$7,275 for recycling calendar mailers, diesel vehicle retrofit,kitchen scrap buckets,recycling carts, and water conservation devices. A total of 466 residents participated in two household hazardous waste days conducted by Clean Harbors. The DPW continued to provide bi-weekly curbside recycling collection, bi-monthly appliance pick-up and operate the DPW garage drop off center for recycling and the Cyr drop off center for yard waste on Sharpners Pond Road. Fall leaf pickup,spring brush cleanup and Christmas tree pickup were also conducted in FY06. Street Maintenance The following streets were wholly or partially reconstructed and repaved in FY 06: Innis Street and Wesley Street. The following streets were wholly or partially resurfaced: Abbott Street, Anne Road, Appleton St,Bradford Street,Farnum Street,Inglewood Street,Johnson Street, Salem Street, and Wildwood Circle. A sidewalk was constructed on Appleton Street. Approximately 3,542 feet of Asphalt berm was installed in various locations. Patching of pavement was done throughout the Town to eliminate defects and potholes. The shoulder areas along sidewalk and roadway projects were loamed and seeded. — 50 — Twenty catch basins and manholes were rebuilt as required. Spot drainage repairs were conducted throughout Town as required.A total of 350 catch basins were cleaned by machine or by hand. Roadside lawn damage due to snow plowing operations was repaired in April. Over 41 miles of roadside brush was cut.Approximately 124 lane miles of centerline and sideline and all crosswalks were repainted. Over 290 lane miles of roadway were swept of winter sand. Underground conduit for the electric, telephone, and cable utilities was installed in the roadways in and near the Old Center.This work,which was done by Midway Utility Contrac- tors,was completed in June 2006.Installing wire in the conduit and removing telephone poles will be completed by each utility after the Old Center Roadway project is complete. The Massachusetts Highway Department awarded the bid for the Old Center Roadway Project to AR Belli,Inc. of Newtonville,MA for the amount of$4,532,847.50. Federal funds from the Transportation Improvement Program and additional state funds will pay for 3.7 million dollars of the project. The town's share is approximately $800,000. The project expects to be completed late in 2007. The purpose of the whole project is to improve traffic safety and operations in the old cen- ter area.The project area includes Andover Street from Cart circle to Johnson Street,Osgood Street from Andover Street to Bay State Road,Mass.Avenue from Osgood Street to Andover Street,Johnson Street from Andover Street to Milk Street, Salem Street from Johnson Street to Stevens Street,Great pond Road from Johnson Street to Stevens Street and Academy Road at the North Parish church. Improvements along each roadway include full depth roadway reconstruction and widen- ing, complete pavement replacement, curbing installation, sidewalk construction, drainage system improvements, traffic signal installation, roadside grading, pavement markings and sign installation, landscaping and landscape architectural treatments and other incidental work. A roundabout is proposed for the intersection of Mass. Avenue, Andover Street, Great Pond Road, and Johnson Street. Academy Road will be routed to Mass. Avenue along the Historical Society building.A fully actuated traffic signal will be installed at the intersection of Osgood Street and Mass.Avenue. Forestry &Tree Maintenance Our skyworker bucket truck was active in FY06.A total of 36 trees were pruned,50 were re- moved and 1 new tree was planted.2,820 Christmas trees were chipped in January and a large amount of brush was chipped during the curbside spring cleanup conducted in April. Our tree department crews again worked with the various Committees in many ways throughout the year: Christmas lights were put up in the Old Center Common as well as the downtown area which made for a wonderful and festive display,flags were put up along Mass. Ave and Main Street for the 4t'of July celebration and veterans day, and wreaths were hung along these same streets for the Christmas holiday. Playground Maintenance The playground system consists of Grogan's Field, 4.7 acres; Drummond Field, 5.0 acres; American Legion Beach, 1.4 acres; Carl Thomas Playground, 4.7 acres; Aplin Playground, 1.8 acres;McEvoy Playground,4.1 acres,Reynolds Playground 3.0 acres;the Gallagher Field at the Town Farm 2.5 acres, the Cyr Recreation Area, 10.3 acres and the new Foster Farm Fields 6.0 acres.This brings the total number of acres to 43.5. Protective netting was installed at the backstop of Carl Thomas#2 field.North Andover Soccer Association and Lacrosse Association continued to provide maintenance at Sharpners, Reynolds and Foster Fields. The North Andover Booster Club provided maintenance at Sharpners baseball, Carl Thomas, and Aplin Fields. — 51 — Parks & School Grounds Maintenance The parks area consists of the Center Common,8.1 acres;training grounds, 1.9 acres;Memo- rial Park,2.7 acres;Old Burying Ground, 1 acre;Historical Society Plot;Farrington Burying Grounds; and 20 small plots at street intersections —a total of 15 acres. All park areas were maintained, and mowed an average of once per week. All triangles at various locations were maintained and mowed. School ground areas consists of the Bradstreet School, 1.20 acres;Thomson School,3.00 acres; Kittredge School, 6.57 acres; Franklin School, 8.77 acres; Sargent School 15 acres; North Andover Middle School and Atkinson School, 38.34 acres; and the High School, 44.52 acres—a total of 117.40 acres.Baseball fields,track and field facilities,field hockey,soc- cer, lacrosse, and football fields were maintained for competitive school events and for youth and adult athletic events. Our thanks to all the volunteer organizations for funding programs and improvements and for their time and effort in maintaining and improving our playing fields. — 52 — SEWER MAIN EXTENSIONS AND IMPROVEMENTS-JULY 1, 2005 TO JUNE 30, 2006 PVC AND DUCTILE IRON PIPE, FORCE MAIN AND MANHOLES SALEM STREET NUTMEG LN TO #612 FIVE OAKS 275 2 CONSTRUCTION SALEM STREET #562 TO #612 LARKIN & LARKIN 500 2 SUMMER ST SALEM ST TO WESTMEADOW 1,490 6 MOLLY TOWNE ROAD CONSTRUCTION ABBY LANE MOLLY TOWNE ROAD CARROLL CONSTRUCTION 480 4 TO SUMMER ST MOLLY TOWNE ROAD SUMMER ST TO END CARROLL CONSTRUCTION 1,180 6 TURNPIKE STREET PALOMINO DR TO J. DERENZO CORP. 4,306 17 HOUSE # 2245 I MARENGO STREET WAVERLY RD TO END SENTER BROS. 280 5 w I DALE STREET #759 TO #910 RM PACELLA 2,097 10 GLENCREST DRIVE DALE ST TO #127 RM PACELLA 347 2 CORTLAND DRIVE MEETINGHOUSE RD J. FARMER & SONS 2,557 19 TO END ICEHOUSE RD CORTLAND DR TO END J. FARMER & SONS 235 2 TOTAL, FEET 13,822 TOTAL, MILES IN FY06 2.62 FY05 GRAND TOTAL 83.95 FY06 GRAND TOTAL 86.57 WATER MAIN EXTENSIONS AND IMPROVEMENTS—JULY 1, 2005 TO JUNE 30, 2006 CAST IRON PIPE, GATE VALVES,AND HYDRANTS 12" 8" 6f, 12" 8" 6" 4" GATE GATE GATE STREET LOCATION WORK BY PIPE PIPE PIPE PIPE VALVE VALVE VALVE HYD OSGOOD ST AT #1211 GEORGE HENDERSON 1 1 ACADEMY ROAD OSGOOD ST TO N. CIBBOTTI INC. 2370 4 7 4 4 GREAT POND RD JOHNSON ST MILK ST TO TO N. CIBBOTTI INC. 70 3 1 10 4 JOHNSON CIRCLE CHESTNUT STREET SUTTON HILL RD TO N. CIBBOTTI INC. 1700 7 1 1 CHESTNUT COURT FOREST STREET HOUSE #263 TO N. CIBBOTTI INC. 2120 5 5 HOUSE #453 cn WOOD AVE SUTTON ST TO END N. CIBBOTTI INC. 410 1 2 2 I WINTER STREET #115 TO #95 CHARLES TODD, INC. 600 1 1 1 TURNPIKE ST AT #100 CO ENIX DEVELOPMENT 1 1 ORCHARD HILL ROAD #49 HOLT RD EXCAVATORS 1 MASSACHUSETTS AVE #586 HOLT RD EXCAVATORS 1 MASSACHUSETTS AVE AT OSGOOD ST HOLT RD EXCAVATORS 1 CHICKERING ROAD AT #700 HOLT RD EXCAVATORS 1 MAIN ST AT THIRD ST HOLT RD EXCAVATORS 1 WATER MAIN EXTENSIONS AND IMPROVEMENTS-JULY 1, 2005 TO JUNE 30, 2006 CAST IRON PIPE, GATE VALVES,AND HYDRANTS 12" 8" 6f, 12" 8" 6" 4" GATE GATE GATE STREET LOCATION WORK BY PIPE PIPE PIPE PIPE VALVE VALVE VALVE HYD OSGOOD ST AT ANDOVER ST HOLT RD EXCAVATORS 1 ANDOVER ST AT OSGOOD ST HOLT RD EXCAVATORS 1 ANDOVER ST AT CHESTNUT ST HOLT RD EXCAVATORS 1 CHESTNUT STREET AT ANDOVER ST HOLT RD EXCAVATORS 1 QUAIL RUN LANE AT CHESTNUT ST HOLT RD EXCAVATORS 1 ABBY LANE SUMMER ST TO WESTMEADOW 620 2 1 1 MOLLY TOWNE ROAD CONSTRUCTION MOLLY TOWNE ROAD SUMMER ST TO END WESTMEADOW 1185 2 3 3 CONSTRUCTION TURNPIKE ST PALOMINO DR TO J. DERENZO CORP. 4392 7 1 9 9 SHARPNERS POND RD MARENGO STREET WAVERLY RD TO END SENTER BROS. 375 1 3 3 CORTLAND DRIVE MEEETINGHOUSE RD J. FARMER & SONS 2600 5 5 TO END ICEHOUSE ROAD E ODRTLAND DR TO J. FARMER & SONS 308 1 1 1 6,512 10,168 70 17 27 47 45 RETIRED WATER MAINS-JULY 1, 2005 TO JUNE 30, 2006 CAST AND DUCTILE IRON PIPE, GATE VALVES,AND HYDRANTS 12„ 8" 6" 12" 8" 6" 4" GATE GATE GATE STREET LOCATION WORK BY PIPE PIPE PIPE PIPE VALVE VALVE VALVE HYD ACADEMY ROAD OSGOOD ST TO GREAT N. CIBBOTTI INC. 2420 3 3 POND RD WOOD AVE SUTTON ST TO END N. CIBBOTTI INC. 108 226 1 1 JOHNSON ST MILK ST TO JOHNSON N. CIBBOTTI INC. 1 4 2 CIRCLE MASSACHUSETTS AVE AT OSGOOD ST HOLT RD EXCAVATORS 1 OSGOOD ST AT ANDOVER ST HOLT RD EXCAVATORS 1 ANDOVER ST AT OSGOOD ST HOLT RD EXCAVATORS 1 I ON ANDOVER ST AT CHESTNUT ST HOLT RD EXCAVATORS 1 I CHESTNUT STREET AT ANDOVER ST HOLT RD EXCAVATORS 1 QUAIL RUN LANE AT CHESTNUT ST HOLT RD EXCAVATORS 1 TURNPIKE ST WAVERLY RD TO HOUSE #57 PITT PIPELINE 576 TOTAL 0 2528 226 576 3 4 8 6 TOTAL, FY06 16,750 RETIRED FY06 2754 NET TOTAL, FY06 13,996 = 2.65 MILES FY05 GRAND TOTAL 143.12 FY06 TOTAL 2.65 FY06 GRAND TOTAL 145.77 Affirmative Action Program The Town of North Andover Affirmative Action Office is responsible for monitoring,review- ing, and assisting the Town Manager in the implementation of the Town of North Andover Affirmative Action Program and making quarterly progress reports to the Town Manager, the Community Development Director, and the Massachusetts Commission Against Dis- crimination.This program consists of four(4)plans, as follows: 1. Municipal Employment Activities Plan 2. Contract Compliance and Minority/Women's Business Enterprise Plan 3. Fair Housing Plan and Fair Housing Committee 4. Town of North Andover Commission on Disabilities Issues Municipal Employment Activities Program • Assisted the Town Manager by reviewing with a sign-off, applications, requisitions, and establishing an eligible list. • Prepare quarterly applicant flow data,promotions, separations data. • Notify vacancy announcements for minority/female outreach and review the Town's workforce for availability of qualified women and minorities for the position. • Advertise positions in the local newspaper,regional newspaper,and periodicals serving minority communities. • Prepare quarterly reports for the Town Manager and Massachusetts Commission Against Discrimination. • Assist in implementation of Affirmative Action Programs. • Attend various state conferences for update on Equal Employment Opportunity/Af- firmative Action Laws. Contract Compliance and Minority/Women's Business Enterprise Program • Meet on a regular basis with the North Andover Affirmative Action Consultant. • Orientation and update on contract compliance regulations on both state and federal level with consultant. • Update vendor master file purchases to readily identify minority/woman suppliers. • Analyze and evaluate the Town master vendor file to improve performance in Town professional services and vendor purchases. • Utilize SOMBA annual directory to outreach minority and female contractors and subcontractors. • Notification to state office (SOMBA) of intention to bid on projects. • Quarterly analysis and evaluation of the Town of North Andover contract compliance report and minority business enterprise report in preparation for submitting to Mas- sachusetts Commission Against Discrimination and the Town Manager. • Semi-annual assessment and evaluation of the communities participation in the contract award activity. Preparation of a written document reflects results of analysis. Report sent to Massachusetts Commission Against Discrimination and the Town Manager. • Make necessary adjustments in the semi-annual assessment and evaluation of the con- tract awards activities performance in order to comply with the Minority/Women's Business Enterprise contract compliance plan requirements per Town and Massachu- setts Commission Against Discrimination Agreements. • Preparation of annual review and update for all other Minority/Women's Business En- terprise programs administrated by the Town. — 57 — Fair Housing Plan and Fair Housing Committee • The Fair Housing Committee continues to be coordinated by the Division of Com- munity Development and Services. • The Town of North Andover is an active participant in the HOME Consortium. • The Town continues to work on a regional approach toward providing affordable hous- ing options for North Andover. — 58 — James Lyons, Chairperson Nancy Murphy, Vice Chairperson Maureen Cushing, Clerk Commission on Disability Issues Brenda Pierro Savary, Secretary Barbara Currier, Longest Commission Member Frank Dushame, IT/Media Coordinator Donald Stewart, Subcommittee Chair/ First Officer Who We Are We are an advocacy group established to workwith citizens with disabilities who live in North Andover. Our Commission is made up of individuals with and without disabilities who wish to provide an important civic duty for the town.We are all volunteers from various walks of life and are citizens of North Andover appointed by the Board of Selectmen and Town Man- ager. The North Andover Commission on Disabilities (NACDI) continues to work toward ensuring that the civil rights of people with all types of disabilities are met. Commissioners have provided trainings,workshops, and meetings to assist with ensuring that the Town continues to provide full compliance with The Americans With Disabilities Act(ADA),IDEA, Fair Housing, and other disability related laws. Some of the recommendations we have made for improvements which will bring the Town and local businesses into full compliance include: installing accessible signs, adapting bath- rooms and doorways, acquiring tty's (telephones for people who are Deaf), alternate print formats (i.e., Braille, audiotape, computer disc, etc.) ramps, etc. Overall, municipalities and businesses are very willing to make these changes because they realize that making goods and services fully accessible increases their activities and sales. This years accomplishments A number of our members are trained and certified(by Massachusetts Office On Disability- MOD) as-Community Access Monitors (CAM'S). What this means is that we are able to check new construction and renovations in order to verify that they are in compliance with the Massachusetts Architectural Access Barriers; and American Disabilities Act codes.We have been asked to do this by The Town, and a number of businesses and we have also done some monitoring on our own.When violations have been found, the owners have been informed. Thus,the necessary changes(if any)are made before the construction or renovation was com- pleted saving the owners time and money.We have also approached various businesses already established and informed them of existing code violations. A quorum was achieved at all of our meetings this year.We have met with many wonder- ful guest speakers including:Mark Reese,Town Manager,Joyce Bradshaw,Town Clerk,Jerry Brown,Director,Building Department, Lieutenant John Carney,of The North Andover Po- lice Department, Jeff Dougan, and Ralph Hickey, of the Mass Office On Disability, and others.We have met with parents who have children in the North Andover School System; residents who have requested more accessible parking on streets; Our Mission is to address North Andover's disability needs for the town and its residents, visitors and families with disabilities. Commissioners have provided technical assistance, ac- cess surveys, community education, trainings, meetings, and other activities to assist with ensuring that the Town is in compliance with The Americans With Disabilities Act(ADA), The AAB Regulations, etc. We completed exterior access surveys at several businesses in Town.We surveyed the newly renovated (under construction) North Parish Unitarian Uni- versalist Church, and found that they have done a good job in achieving ADA compliance. As always,our Building Department Director does a wonderful job enforcing AAB and other building accessibility requirements. In fact,we believe that we have the finest Building De- partment and ADA Coordinator in the State. — 59 — Three Commissioners participated at the Massachusetts Office on Disability's regional meeting for Municipal Commissions on Disability at the Beverly Library on September 13th. Vital discussions included emergency preparedness,search and rescue programs,The Disabil- ity Policy Consortium, Senate Bill 2509—An Act to Establish Consumer Representatives on Regional Transit Authority advisory boards appointed by City/Town Managers,Chapter 268 of the Acts of 2006, establishing a workforce council charged with recruiting Personal Care Assistants(PCAs), and establishing certifying criteria. On July 26, 2006 the NACDI attended the annual ADA Day Celebration at the Dunn Pond State Park in Gardner,Massachusetts.This event has grown in popularity year over the years and The Commission, and The State were pleased to support the event.This year ap- proximately 300 people attended.The Department of Conservation&Recreations Universal Access program were there with accessible kayaks, and other outdoor activities. The North Andover Commission cosponsored a two-day Community Access Monitors/ Americans With Disabilities Act (CAM/ADA) training: The CAM Training seminar was provided by Massachusetts Office on Disability. Trainees (including 4 Commission mem- bers),have completed numerous access inspections, and have become state certified as Com- munity Access Monitors (CAMS)by Massachusetts. We provide advice on Massachusetts Architectural Access Board(AAB)Regulations,etc. We completed an informative brochure,which has been widely distributed around town, and is being posted on the Internet.We continue delivering technical assistance for the Town on ADA compliance needs/issues,including setting up training and transition plan follow-up for all Town Officials; Posting Public Service Announcements(PSAs)to inform residents about loans available for assistive technology for all interested residents.We effectively ran a PSA on cable television on how to apply for available funding(loans)for home accessibility modifica- tions for residents.We will continue informing the townspeople about The Mass Network of Information Providers as well as other disability related information/resources. For example we advised the Town to prominently post public notice of our ADA compliance at all town buildings and schools where the public is invited. We advised the Town to appointing the ADA coordinator,which has been nicely accomplished. We advised the Town to conduct comprehensive self-evaluation/transition plan of the programs, activities and services we provide, (including sidewalk priorities). The Commission has developed comprehensive ADA policies/procedures,(including em- ployment,grievance procedure,general operations, effective communications, etc.).We help Directors ensure that they are available to anyone who requests them also in alternate print formats (i.e., Braille, audiotape, computer disc, on-line,large print, etc.) What We Are Doing At Present We work effectively in partnership with The Licensing Commission to inform Town busi- nesses of their access needs and find that that usually they are cooperative in getting their businesses,parking areas,goods and services up to code. Future Missions: What we hope to accomplish in FY2007 There are many issues which we plan to address in FY 2007 as we enter the new year.We are currently developing a website with the Town. First,we plan to continue educating citizens of North Andover to the needs of residents with disabilities.This includes people with all types of disabilities,and of all ages.It is difficult for individuals without disabilities to understand even the simplest barriers that can be encoun- tered such as getting into a store with stairs or even a high threshold,going along sidewalks, which are cluttered, cars blocking sidewalk curb cuts, etc. All people should be aware of the telephone relay service,how to provide print-reading materials in alternate formats(i.e.,Braille, large print, computer disc, etc). People with psychiatric and many other disabilities encounter stigma and prejudice in our daily lives.We are attempting to make people more aware of these issues and others, which are very complex. We aim to hold true to our motto,which is "To educate,and inform, and heighten awareness—for the good of all North Andover citizens." — 60 — We will be honored to work with the Town Clerk's Office, the Building Department, Mass AAB, and the MOD on a joint pilot project with Secretary of State's office to improve the accessibility of polling places in Town with new technologies,including barrier-free poll- ing machines. Conclusion We meet on the third Thursday of each month in the conference room of the Town Hall at 6:30 p.m.We have had and will continue to have very informative guest speakers. We wel- come any and all input from the community in general. Please feel free to join us at any time and let us know what we can do to help.We can be reached through the chairman at (978) 687-4288. All persons interested in learning more about the Commission, The ADA or any other disability related issues are welcome to come to our meetings which are held the third Thurs- day if each month at 6:30 at the Town Hall.We are currently have no vacant positions, but appreciate interested persons coming to our meetings. If you are interested,please call Jim or Nancy They can be reached by calling the above number. — 61 — Joanne Comerford, Executive Director Housing Authority Helen Soucy, Vice Chair Anna O'Connor, Treasurer Ted Snell, Assistant Treasurer John Driscoll, Member As Executive Director, I am pleased to submit, on behalf of the North Andover Housing Authority Board of Commissioners,the Authority's 58th annual report for fiscal year ending September 30,2006.This report has been prepared in accordance with Chapter 121B of the General Laws of Massachusetts,which govern housing authorities. The Housing Authority owns and manages 295 income based rental units of Public Hous- ing in North Andover.The Authority-owned low rent units are distributed in six elderly and two family developments,which consist of State funded Fountain Drive 40 units of elderly/disabled Bingham Way 42 units of elderly/disabled Foulds Terrace 52 units of elderly/disabled O'Connor Heights 20 units of elderly/disabled 10 units congregate housing Veteran's Housing 14 two bedroom units 10 three bedroom units Ashland Street 2 three bedroom family units Federally funded McCabe Court 45 units of elderly/disabled Morkeski Meadows 60 units of elderly/disabled In addition to owned units, the Authority also administers rental subsidy programs through the use of Federal and State funds. These programs are designed to provide a sub- sidy for housing to eligible elderly/disabled, low-income families, and single individuals.The Authority currently administers 133 Section 8 Housing Choice Vouchers and 3 Mass Rental Vouchers(MRVP). The Authority offers the Family Self-Sufficiency program(FSS)to those individuals par- ticipating in the Section 8 Housing Choice Voucher Program. FSS is a HUD funded social service program designed to promote employment and increase assets for low-income families receiving Section 8 rental subsidies.During a five-year period,participants work individually with a case-manager on such goals as education,money management,job training, childcare, transportation, and homeownership education. A key component of the FSS Program is the establishment of an escrow or savings account that accumulates as earned income increases. Families receive the funds after they successfully complete the program. Many FSS families have used their escrow to purchase homes.FSS is unique because of its individual approach to supporting families and is one of the few asset building government programs in existence. All housing administered by the Authority is subject to the following income limits: State/Federal State/Federal 1 person household $41,700 5 64,350 2 47,700 6 69,150 3 53,650 7 73,900 4 59,600 8 or more 78,650 — 62 — The state minimum age requirement for elderly is 60, or disabled.The federal minimum age requirement for elderly is 62,or disabled.The minimum head of household age for family housing is 18 or over.Neither program has an asset limit.Income from assets is added to total income and that must remain within the above thresholds.North Andover residents receive a preference for these programs. Future Plans/Goals • Construction of four 3 bedroom modular units on two sites.Two of the units will be barrier-free. • Continue modernization improvements to housing authority properties. • Educate residents on available community resources and services. • Promote community and intergenerational activities for the elderly. • Partner with the private and public sector to maximize services and resources for residents. • Provide financial education to housing authority residents and Section 8 participants to promote financial independence. • Promote home-ownership education for public housing tenants and Section 8 participants. The North Housing Authority is dedicated to serving the housing needs of the community. The mission of the North Andover Housing Authority is to promote adequate and afford- able housing, economic opportunity, and a suitable living environment free from discrimina- tion. Working together with the staff, board of commissioners, residents, and community members,the North Andover Housing Authority strives to create neighborhoods where resi- dents continue to be a valuable part of the community. — 63 — School Department Superintendent of Schools Dr. Daniel O'Connor, Interim Superintendent This past year the North Andover Public Schools has been the subject of just about every form of financial audit, program review and government oversight function ever invented by mankind.To say they involved all personnel in the schools,particularly those who serve in an administrative capacity, is an understatement. Through it all, some things have been firmly established. For example: First and most important, the students attending the schools are succeeding in their aca- demic endeavors.Whether they are in advanced placement,regular education, or special edu- cation programs students are doing well.Could they do better as a group?Certainly.However, that does not diminish from their earned and recognized accomplishments. Several of our teachers serve in classrooms that have enrolled far too many students.Yet, by the personal energy, enthusiasm and effectiveness of their service they provided the sparks that ignited the flames of learning in their students. Our parents are burdened by the hidden taxes they pay in the form of fees that have been imposed upon them for activities which the grandparents and parents of past generations did not have to endure. Any of the athletic, drama, music choices available to present students comes at an extra cost to the parent. It is well-established the school system is under-funded. It has been for the past several years. All of the community leaders who chose to lend their talents to public service must take prompt action.The preponderance of all of the audits, reviews and studies indicate the financial issue before the school system must be addressed and resolved now. The time for procrastination has come and gone. Assistant Superintendent of Schools Dr. Richard A. Bergeron, Assistant Superintendent of Schools Curriculum &Leadership It is with great pride that I offer this update of our district's Leadership and Curriculum initiatives.The school district,despite enormous financial challenges,has continued its hard- fought road toward performance improvement. Our representative Supervision and Evaluation Committee has produced a new rigorous set of Performance Standards for classroom teachers. During the summer of 2007, all North Andover administrators will participate in our on-site graduate course focused on effective su- pervision and evaluation.This course will be facilitated by our consultant,Dr.William Ribas. Next fall, our district will pilot a new observation tool for all classroom teachers. Our initiative in mathematics continues to expand. This year, we have adopted a new Middle School text series that provides North Andover with a research-based, nationally rec- ognized comprehensive mathematics program.This program adds to our Houghton Mifflin adoption in our elementary grades. The High School Mathematics Department will now review the existing program of studies and provide pilot analysis of new programs available for our classrooms. In the elementary grades,we have formed a new Early Literacy Assessment Program us- ing the standardized programs Dynamic Indicator of Basic Early Literacy Skills (DIBELS) and Group Reading Assessment and Diagnostic Evaluation(GRADE).The tests will pro- vide both formative and summative assessments detailing progress exhibited by our early readers. — 64 — Other initiatives depend on successful financial support. Our Elementary Science Com- mittee has shared its recommendation to purchase Full Option Science System (FOSS) in- quiry-based science kits in grades K 5. Science has been identified by the Department of Education as the next high-stakes assessment linked to high school graduation beginning in 2010. I, once again, have recommended a comprehensive consultant contract with the Hanson Institute of Language and Literacy(HILL)associatedwith Mass.General Hospital This con- tract would successfully move our elementary reading program toward those ideals set forth by the National Reading Panel and more specifically, the Response to Intervention tiered reading model and successfully across the Nation in recognized Reading First programs. Our standing curriculum committees are working hard to provide the students in North Andover outstanding learning opportunities linked directly to the State's Curriculum Frame- works. Our faculty and support staff continue to be dedicated and committed to our district's vision of effective instruction and outstanding student performance. I plan to retire from Massachusetts public education at the end of the year.I want to thank all of my colleagues and friends in North Andover for supporting me through these intrigu- ing times. Atkinson Elementary School John McAleer, Principal The 2005/2006 school year proved to be a very productive and rewarding year at the Atkinson Elementary School. It is an exciting and vibrant school for all the students who continue to be academically challenged and intellectually inspired by very dedicated teachers. This year we welcomed Mr. Eric Mohan as a kindergarten teacher.We wished all the best to Mrs.Judy Bennett and Mrs.Janet Mulford who both retired at the end of the school year. The student population was approximately 330 students.The numbers were as follows: GRADE LEVEL CLASS SIZE NUMBER OF CLASSES K 18 3 1 st 21 3 2°d 20 2 -3'd 25 2 4th 20 3 5th 24 2 The children from the Kittredge School who attended full-day kindergarten attended the program at the Atkinson School. The MCAS testing remained a focus throughout the state of Massachusetts.The students at the Atkinson School continued to show progress with the notable performance of the third grade students who attained a proficiency rate of 88%which placed the Atkinson School in the top-ten list of the northern suburban schools.The proficiency rate for the state was 62%. The energy and dedication to learning are evident every day throughout the Atkinson School as witnessed by the involvement of parents and faculty.We are dedicated to serving the students and preparing them to become productive members of the community. — 65 — Franklin Elementary School Pamela Lathrop, Principal The Franklin School opened on Tuesday, September 6"with 430 students enrolled in grades Kindergarten through five and five classrooms of preschool serving 49 young children.There were three classrooms at each grade level with the exception of grade Kindergarten,which had four sessions;2 full day classes and 2 sessions of half day kindergarten.The students,parents, and staff worked diligently to create a supportive and caring school community. New staff members this year included Margo Perriello, Evelyn Vozella and Susan Miller in kindergarten, Lynette Carpenito in special education and Lauren Murphy and Sheri Tar- dugno joined us in the preschool. All teachers did an excellent job with their students and proved to be excellent additions to our professional staff. The Franklin School mission statement reads: The Franklin Elementary School is an involved community thatpromotes life-long learning and good citizenship with a curricu- lum that encourages excellence and meets individual student needs.The dedicated staff works hard to prove that statement every day.The teachers are committed to providing sound and chal- lenging experiences for all children. We started the year off with a family picnic where we had a chance to see old friends and meet new ones. We grew as a community as we welcomed four kindergarten classes to the Franklin School. We gathered together to honor our veterans and learn about owls, music, electricity, art and dance. We celebrated Dr. Seuss's birthday with guest readers from our community and we enjoyed our first all school field trip. This school year we recycled, provided Thanksgiving meals for many families, collected winter coats for those in need,held a penny drive to raise money for Leukemia patients and we remembered our furry friends and collected donations for the MSPCA.The Franklin Com- munity continues to reach beyond the school walls to affect others positively. Many students participated in our many clubs and activities including Chess Club, Early Act, Student Council,and the student authored Franklin Flyer magazine and Dragon Dreams. We were on a Quest for Quality this year and tried hard to do our best in school and to be kind to one another. We grew as readers, writer and thinkers. The students performed well in their daily work and on mandated tests. Eighty percent of our third graders passed the Reading MCAS in the spring and sixty-seven percent passed the Math MCAS. Sixty-six students were assessed. Sixty-seven percent of our 4th grade students scored in the advanced or proficient category of the grade 4 English and Language Arts MCAS. Fifty-six percent of our 4th grade students scored in the advance or proficient category for Math MCAS. Sixty- four students were assessed.Eighty-seven percent of our 51h graders scored in the advanced or proficient category of the grade 5 English and Language Arts MCAS. Seventy-nine percent of our 51h grades scored in the advance or proficient category for Math MCAS and Seventy- four percent scored in the advanced or proficient category for Science MCAS. Sixty-nine students were assessed.Test data was examined to determine areas of weakness and teachers met regularly by grade-level teams to review curriculum,share information and materials,and discuss appropriate instructional practices to meet the needs of all students.Math tutors were also employed to offer remedial help to several students. Keeping with district initiatives, teaching and learning expanded this school year. The past school year sixteen first graders were provided with Reading Recovery support from Reading Recovery Mary Ann Lodde. Three Franklin School teachers piloted new science materials and teachers in grades kindergarten through five engaged in professional develop- ment to support the adoption of the new math program; Houghton Mifflin Math. The PTO has been very active and supportive under the direction of co-presidents Kathy Keith and Karen Trowbridge.The PTO funded programs,supported classrooms,coordinated and published the Monday Minutes.The North Andover Enrichment Council provided as- semblies and programs at every grade level that expanded students'school experiences. The Franklin School is a wonderful place to be and a credit to the hard work and dedica- tion of the staff, students, and parents. — 66 — Kittredge Elementary School Nancy Jukins, Principal The 2005/2006 school year was a successful and exciting one for the Kittredge School Com- munity with Ms.Nancy Jukins enjoying her second year as principal.The Kittredge School, along with all the elementary schools in North Andover welcomed Kindergarten into the school community because the Bradstreet Early Childhood Center closed due to budget cuts in June of 2005. Thanks to a generous donation by an anonymous donor major renovations were made at the Kittredge School,including remodeling the library and creating designated special education and reading spaces, and converting the Art/Music room into a Kindergar- ten.New furniture was also purchased throughout the building. The student population fluctuated between 250 and 260 students throughout the school year.The December 1 enrollment was as follows: GRADE LEVEL CLASS SIZE NUMBER OF CLASSES Kindergarten 23 1 1st 19/20 2 2°d 23120 2 3'd 2 712 8 2 4th 22123 2 5th 23 /23 2 The MCAS testing remained a focus throughout the state of Massachusetts. Results for the 2005-06 school year were not available for this printing.The 2005 results for the students at the Kittredge School were as follows: Grade 3: Reading Proficient: 73% Needs Improvement: 27% Warning: 0% Grade 4: Language Arts Math Advanced: 16% 20% Proficient: 44% 28% Needs Improvement: 40% 48% Warning: 0% 4% Grade 5: Science&Technology/Engineering Advanced: 29% Proficient: 43% Needs Improvement: 29% Warning: 0% The energy and dedication to learning are evident throughout the Kittredge School as witnessed by the involvement of the parents and faculty. We are committed to serving the students and preparing them to become productive members of the community. In closing, I would like to thank all those who contributed to the Kittredge School's successful academic school year. — 67 — Annie L. Sargent Elementary School Elizabeth C. Kline, Principal The 2005/2006 was a very busy and successful year at the Sargent School.This fall,we wel- comed preschool and kindergarten students, teachers, and paraprofessionals to the Sargent School family. The transition went smoothly. The following staff, preschool through grade 5 joined our school community: Preschool: Mrs. Laurie MacFarlane, Mrs. Mary Hartwell. Preschool Paraprofessionals: Mrs.Jill Smith, Mrs. Lisa Merski, Mrs. Larraine Racca, Mrs. Belinda Sapienza.Kindergarten:Mrs.Janet Gaffny,Mrs.Mary McManus,Ms. Zedeka De- Long. Kindergarten Paraprofessionals: Mrs. Vicky Pollina, Mrs. Elaine Twomey. Grade 1: Mrs.Joni Coleman,Ms.Meghan Long. Grade 2:Mrs. Barbara Hestand. Special Education: Ms.Megan Coughlin,Ms.Lauren Hanlon.Reading:Mrs.Joanne Simpson. Physical Educa- tion:Ms.Alison Pappas. Speech and Language:Mrs.Alison Trundy. In June, we said good-bye as our Librarian, Mrs. Meg Holmes and Mrs. Vicky Pollina, Kindergarten Paraprofessional retired from education.We wish them all the best. The District moved forward with the adoption of the Houghton Mifflin Mathematics program.This program was well received by the staff both during the pilot program and after the adoption.This fall,we began the Science pilot and we were very fortunate to have three teachers involved. It was our hope that a kit or text based science program would be adopted at the end of the school year but due to budgetary restraints, the pilot was continued for a second year. The Sargent School had approximately 691 students and 77 faculty members with 28 classrooms in the preschool through grade five. The following was the enrollment at each grade: GRADE ENROLLMENT NUMBER OF CLASSES Preschool 37 2 Kindergarten 45 Half Day 2 Kindergarten 46 Full Day 2 One 102 5 Two 119 5 Three 108 4 Four 109 4 Five 125 4 The Sargent School is fortunate to have very active and dedicated parents. The PTO fulfills many roles by providing programming for the cultural arts, organizing family and social activities, supporting technology, providing grants for the classroom teachers, funding classroom field trips, and facilitating the placement of the many parent volunteers. The following are the 2006 MCAS results for the Sargent students. In grade 3, 71% of the students performed in the top range titled Proficient in the area of Reading and 63%were Proficient in Math.In the fourth grade,76%of the students performed within the Advanced/ Proficient levels in English Language Arts and 51%were Advanced/Proficient in Mathemat- ics.At the fifth grade, 79%of the students performed within the Advanced/Proficient levels in English Language Arts, 63% of the students performed within the Advanced/Proficient levels in Mathematics and 62% of the students performed within the Advanced/Proficient levels in Science and Technology/Engineering. The Mission of the Annie L. Sargent School is to create a community of active life-long learners dedicated to the full development of the intellectual, emotional, social and physical potential of our students.The dedicated staff empowers the students to become independent thinkers while aspiring to do their academic best. — 68 — Thomson Elementary School Kathleen Kostan, Principal This was the sixth year of operation for the new Thomson School facility. Every year the student population grows and this year the student population reached approximately 415 students in eighteen classrooms.The faculty and staff welcomed new members to the school community, Mrs. Katherine Middlemiss to the kindergarten and Mrs. Stacey Foster as the guidance counselor. They gave best wishes to four members of the school community who retired at the end of the school year,Mrs.Margaret Holmes(Librarian),Mrs.Elaine Osborn (Grade 2),Mrs. Peggy Waldron(Grade 5) and Mrs. Kathleen Kostan(Principal). GRADE LEVEL CLASS SIZE NUMBER OF CLASSES K 20 3 1st 25 3 2°d 22 3 3'd 25 3 4th 24 3 5th 23 3 Parents and volunteers continue to play a vital role in the operation of the school.They assisted the children in a number of ways including before school enrichment activities as well as support in the classrooms.The Thomson School has a very dedicated and talented faculty which continues to provide quality instruction and inspiration to their students.The Thom- son School is a rewarding place to be due to the dedication and hard work of so many. North Andover Middle School Joan McQuade, Principal The 2006-2007 school year has brought many new unforeseen challenges to NAMS,which always forces reflection at all levels.The NAMS'faculty continues to do an outstanding job of bringing enthusiasm and commitment to their classrooms daily, regardless of circumstances out of their control. In the fall of 2006 our faculty welcomed the following teachers to join our school community: Cheryl Raimondo has returned to NAMS from Central office to her position as assistant principal; Monique Greilich is our Special Education department head; Megan Biddle returned as an art teacher which is her true passion;Kristin Wolfram,7'grade social studies; Roberta Kearns, Jason Ziruk, Shannon Rowe, Laurie Petto, Terri Pouliot, Christina Belfikah, are new to our Special education department either in a new capacity or new to our district. Sandra Hamilton,reading; and Jose Chaves Spanish. All of our new hires have proven to be valuable additions to our faculty. Our student population decreased this year to 1102 students based on the January 1,2007 enrollment with a breakdown of 340 students in 6'grade,375 in 7'grade and 387 in 8'grade. Class size is averaging from 32-35 in 7"and 8'grade and approximately 25 in the 6"grade. To achieve growth towards our curriculum and instruction improvement goal,we imple- mented a leadership team to oversee instruction in each of our core academic areas(math-Bill Gendron, English language arts-Amy Hart, social studies-Dan Roy and Pat McGravey, and science-Kathy Poor and Steve Wrigley).The six academic coordinators assist with curriculum review and revision,budget,grade level consistency,vertical alignment and anything else di- rectly related to direct instruction.They have become essential to our movement forward with instructional improvement and curriculum assessment especially this year with our budget challenges directly related to curriculum assessment.Unfortunately,this year our MCAS af- ter school coordinator and program was eliminated due to lack of district resources.We hope to revitalize this intervention for 2007-2008. — 69 — To address the devastating budget cuts for the 2006-2007 school year we were forced to reorganize NAMS in many ways to attempt to address our students' needs, state and federal regulations,contractual agreements, and to retain our middle school culture. Firs,we reorga- nized our building framework from quarters to trimesters which allowed for building consis- tency,more flexibility with instructional time,replaced the potential of large study halls with team directed studies, and a related arts rotation that brought all programming to all three grade levels.Also,we reorganized our 6"grade teams into all 2 person teams.The staff reduc- tions had a dramatic affect on band frequency,foreign language curriculum,class size,reading instruction, special education, counseling for at-risk students, technology, teacher communi- cation and planning and overall related arts programming. Our faculty also piloted a different approach to teacher/parent conferences. All three grade levels involved the students in a portfolio approach in 6'&7",and in 8'students par- ticipated in high school leveling conversations with their teachers and parents. Feedback was overwhelmingly positive and we will continue with this model next year. In brief, the MCAS scores below summarize our overall student performance strengths and weaknesses. Specifically,we expect to see our math scores start to improve since we have implemented a consistent K 8 math curriculum. Science &technology continues to remain a glaring concern since 25% of the MCAS is focused on technology, and to date our program has yet to be supported.The ELA scores remain strong however,with the elimination of read- ing programs and no consistent ELA curriculum K 8,retaining or improving scores in future years will be challenging. Our 2006 MCAS percentage scores are as follows: 6th grade math:22%advanced,36%proficient,30%needs improvement, 12%warning 6th grade ELA: 17%advanced, 65%proficient, 15%needs improvement,3%warning 7h grade math:23%advanced,39%proficient,26%needs improvement, 12%warning 7h grade ELA:20%advanced, 60%proficient, 16%needs improvement,4%warning 8th grade math:21%advanced,35%proficient,31%needs improvement, 13%warning 8th grade ELA: 19%advanced, 70%proficient, 8%needs improvement,3%warning 8th grade sci/tech: 7%advanced,40%proficient,41%needs improvement, 11%warning For professional development this year the NAMS' faculty continued to explore tech- nology, specifically smart boards and how they can enhance instruction. Curriculum re- view, pacing and instructional practice is an ongoing agenda item to further bring building consistency. Our ELA teachers have all been trained in Write Source which lends itself to common language, rubrics, and self assessment with the writing process. In special education we are attempting to frame our language based, autism, and life skills programs horizontally and vertically to assist with consistency, improved instruction, and parent understanding. Our three phase plan to review grade inflation which was a school committee directive is in phase II. We are finalizing an effort rubric and the meaning and purpose of a middle school honor roll will be a school council endeavor where parent input will be gathered. Student engagement and dedication to their own learning is obvious at NAMS as well as pride in their school community. The mutual respect and relationships between faculty and students that have evolved continue to make NAMS a welcoming,learning environment. North Andover High School Susan Nicholson, Principal This has been a challenging year for North Andover High School, and indeed for the entire school district.With the unexpected departure of the superintendent coupled with serious and uncertain budget concerns, school leaders have been stretched to the limit working together to continue to provide a quality education for all students in the town.This past spring,as the — 70 — town's budget woes became very public in the local press,the uncertainty around maintaining adequate staffing at NAHS to be able to meet the educational and emotional needs of our students became a real concern. Keeping students and staff positive and energized became a daily exercise, and in spite of negative prognostications, teachers and students continued to work effectively for the remainder of the school year. Our collective vision and commitment to move forward at North Andover High School is unwavering.Our school culture is stronger than ever.This year,we organized for and began work on our self-study, an on-going task in preparation for the NEASC re-accreditation visit in fall,2007. Substantial progress has been made rewriting curriculum in alignment with the Massachusetts Curriculum Frameworks. The use of rubrics is widespread and prevalent and has helped students to view learning as a process of improving. North Andover High School takes great pride in the accomplishments of our students. Graduation was ceremoniously perfect,with students displaying exemplary behavior.An im- pressive $950,400 was awarded in scholarship money, exclusive of financial aid. Post gradua- tion intentions submitted by the class of 2006 indicate that 90%plan to continue their educa- tion at either four or two year universities and colleges. The following academic accolades are also duly noted: • One of our distinguished seniors was identified as a National Merit Semi-Finalist in March and continued in the competition to become a National Merit Finalist,securing for him a$2,500 National Merit Scholarship. • Eight students were recognized as Commended Students in the 2006 National Merit Program.They placed among the top five percent of more than one million students who entered the competition. • Seventy NAHS juniors and seniors participated in the Math Olympiad, a competi- tive test sponsored by the Actuaries' Club of Boston. One of these students was awarded a Certificate of Merit,ranking in the top 207 participants, and another was among the top 105 scorers,making him a finalist and eligible to take part in the level 2 exam. • One of our seniors was the recipient of the Daughters of the American Revolution Citizenship Award. • North Andover High School participated in the pilot season of the FIRST/VEX Ro- botics Competition. Fifty teams from New England met in Hartford, Connecticut in March for the match. • The Scarlet Knights Marching Band earned a four-star"excellent"rating and a silver medal at the state marching band finals in Framingham in October. • Twenty-one of our talented musicians auditioned for the Northeast Senior District Festival. Eight of them were selected, and of those, three were invited to audition for the All State Music Festival held at the Park Plaza Hotel in Boston and followed by a performance in Symphony Hall. • The Marching Knights have been invited to represent Massachusetts on Memorial Day,2007 in Washington,D.C. at the national parade. • One of our talented musicians composed, recorded, and submitted a piece for wind ensemble to the University of Lowell's Composition Competition. • Eighty-four students qualified for the John and Abigail Adams Scholarship. These students qualify when they score in the Advanced category in either the mathematics or the ELA section of the grade 10 MCAS test, score in the Proficient or Advanced category on the second subject(math or ELA) and have a combined MCAS score on these assessments that ranks in the top 25% of their school district. The scholarship that the eighty-four students earned will provide a tuition waiver for eight traditional semesters of undergraduate education at Massachusetts state colleges and universities. • Twenty-two recent NAHS graduates were identified by the College Board as scholars, scholars with honor,and scholars with distinction as a result of their scores on the May, 2005 Advanced Placement exams. — 71 — • Thirty-five students took part in the Model UN at Northern Essex Community Col- lege in January,where NAHS claimed eight awards.The group also participated in the Model UN at the University of Lowell in April. • Eight students on the Math Team were recognized as division high scorers at an indi- vidual meet. • The largest number of students in the history of the NAHS German program were recognized for their outstanding performance on the National German Exam this year. Four of them scored in the 90"percentile and above. Nine students scored in the 70" percentile and above,receiving special commendation awards.One of our juniors is one of thirty-five students nationwide, of some 25,000 applicants, to win an all expense paid trip to Germany for German language excellence . • One of our talented art students submitted a drawing to the North Andover Patriotic Observance Committee, which will select a design for the Vietnam Fallen Heroes Memorial. • One of our seniors was selected by Northern Essex Community College to be the Presi- dential Scholar.A one thousand dollar scholarship is included in this distinction. • Ninety students were inducted into the Johnson Chapter of the National Honor Society. • Thirty-five of our students were treated to a luncheon at the Andover Country Club by the chair of the school committee for earning all Xs for three terms. Advanced Placement Summary Of Scores 2006 In May 2006, North Andover High School administered 253 AP exams in twelve content areas to 136 different students. Exams were taken in Biology, Chemistry, Calculus AB, Cal- culus BC, Computer Science, English Literature and Composition, French Language, Ger- man Language, Spanish Language, Physics, Statistics, and U.S. History.This represents an increase of nineteen exams administered and two new content areas, Statistics and Computer Science,from May,2005. Six students accepted the challenge of Calculus BC and Computer Science with 100% success, although no formal course in either subject was offered at North Andover High School this year.Of the 253 scores returned, 186 met the qualifying score of 3, 4, and 5.Therefore, approximately 73% of the 2006 Advanced Placement scores returned to North Andover High School satisfied the College Board's National Performance Standard.It is noted that sixty-five students opted to take two or more exams during the two-week testing period. It is further noted that twenty-eight of those same students accepted the challenge of three or more AP exams.A breakdown by grade level indicates that 6%of 10"graders, 11.3% of 111h graders,and 22%of 121h graders attained a score of 3 or better on at least one AP exam this year. The courses most admirably represented, and the percentage of students scoring 3 or better for 2006, are: Calculus AB (100%), Calculus BC (100%), Computer Science (100%), Chemistry (94.4%), Physics (91.3%), English Literature and Composition (90%), Biology (89.1%), German Language (70%), U.S. History (55.5%), Statistics (51.6%), Spanish Lan- guage(51.3%), and French Language(21.4%). Compared to our 2005 scores, the most notable improvements are: Physics (from 70.3% to 91.3% with an increase in the number of students from fifteen in 2005 to twenty-three this year); English Literature and Composition(from 71.1%to 90%, although the number of students taking the exam dropped from forty-five in 2005 to thirty in 2006); Biology(from 76.1% to 89.1%with enrollment remaining stable); and Spanish Language (from 36.7% to 51.3%with an increase from nineteen students in 2005 to thirty-seven this academic year). The following charts record longitudinal measurement of North Andover High School's AP scores for the past five years.The numbers represent numbers of students taking AP ex- ams per year and the breakdown of scores achieved. — 72 — Business Services Report Paul P. Szymanski, Director, Management Support Services The Business Services Annual Report focuses on three operational areas related to the day- to-day business activities of the School Department. They are: Transportation, Building & Facilities and Energy. Transportation A total of eighteen buses were used to transport our regular education students to and from the high school, middle school, five elementary schools and St.Michael's.Transportation at the Town's expense was provided for children in grades kindergarten through six who live two or more miles from their assigned school.We continued to offer a fee-for-service busing program for students in grades 7— 12. Students in grades kindergarten through six who live within the two mile walk-zone were eligible to participate in a paid busing program. The walker paid busing alternative is offered by our transportation contractor.Bus I.D.badges are issued to all bus riders. During the 05/06 school year the number of students eligible for transported at public expense was as follows: SCHOOL RESIDENCE GREATER THAN NO. OF STUDENTS Middle School (Gr. 6) 2.0 Miles 199 Elementary(K-5) 2.0 Miles 780 St. Michael's (K-6) 2.0 Miles 171 Number of students participating in the paid-for-service program grades 7-12: 661 Number of students participating in the paid-for-service walkers program (K-6): 625 Building&Facilities No funding was available for major building repair or special projects during the 2005-2006 school year. Energy While we cannot control the energy marketplace we do make every effort to purchase electric- ity and natural gas at the lowest possible competitive price. We actively participated in the Greater Lawrence Educational Collaborative - Cooperative Purchasing Program. We have entered into competitive supply contracts for natural gas and electricity and will negotiate new contracts as the term of existing contracts approach their expiration dates. — 73 — Annual Town Election March 28, 2006 PRECINCT % OF SELECTMAN 1 2 3 4 5 6 7 8 TOTALS VOTE SELECTMAN MARK J.T. CAGGIANO 126 199 124 233 60 275 229 237 1483 23% DONALD B. STEWART DONALD B. STEWART 159 165 112 113 43 94 72 77 835 13% MARK J.T. CAGGIANO STEPHEN P. DAWE 125 144 93 177 53 204 206 213 1215 19% STEPHEN P. DAWE DANIEL P. LANEN 230 223 169 167 54 209 126 142 1320 21% DANIEL P. LANEN I JOHN P. SAVASTANO 60 110 81 82 20 67 73 41 534 8% JOHN P. SAVASTANO JOE EDWARD SMITH 79 68 60 67 19 43 46 28 410 6% JOE EDWARD SMITH BLANK 78 118 80 86 17 98 83 60 620 10% BLANK WRITE-IN 1 1 1 3 0 4 1 2 13 0% WRITE-IN PRECINCT TOTAL 858 1028 720 928 266 994 836 800 6430 100% PRECINCT TOTAL PRECINCT SCHOOL COMMITTEE 1 2 3 4 5 6 7 8 TOTALS % OF SCHOOL COMMITTEE VOTE CHARLES C. ORMSBY 262 279 203 244 71 262 189 182 1692 26% CHARLES C. ORMSBY BARBARA J. WHIDDEN 298 336 241 318 96 355 301 306 2251 35% BARBARA J. WHIDDEN BLANK 287 398 266 348 89 353 320 273 2334 36% BLANK WRITE-IN 11 15 10 18 10 24 26 39 153 2% WRITE-IN PRECINCT TOTAL 858 1028 720 928 266 994 836 800 6430 100% PRECINCT TOTAL PRECINCT % OF HOUSING AUTHORITY 1 2 3 4 5 6 7 8 TOTALS VOTE HOUSING AUTHORITY TED SNELL 233 322 196 213 60 211 157 138 1530 48% TED SNELL MADELEINE SUTCLIFFE 139 103 103 124 39 154 143 134 939 29% MADELEINE SUTCLIFFE BLANK 54 87 61 126 34 130 117 127 736 23% BLANK WRITE-IN 3 2 0 1 0 2 1 1 10 0% WRITE-IN PRECINCT TOTAL 429 514 360 464 133 497 418 400 3215 100% PRECINCT TOTAL I PRECINCT cn TOWN MODERATOR 1 2 3 4 5 6 7 8 TOTALS % OF TOWN MODERATOR VOTE CHARLES A. SALISBURY 338 397 293 353 97 382 312 300 2472 77% CHARLES A. SALISBURY BLANK 88 114 67 107 32 112 101 96 717 22% BLANK WRITE-IN 3 3 0 4 4 3 5 4 26 1% WRITE-IN PRECINCT TOTAL 429 514 360 464 133 497 418 400 3215 100% PRECINCT TOTAL Total Number of Registered 17128 Voters Percent of Registered Voters 19% Voting Today Annual Town Meeting Minutes May 8, 2006 The 2006 Annual Town Meeting for the Town of North Andover convened on Monday May 8,2006 at the North An- dover High School Auditorium 430 Osgood Street at 7:00 P.M.The meeting was called to order by Moderator Charles Salisbury at 7:04 P.M. On motion of Rosemary Connelly Smedile, Chairman of the Board of Selectmen,it was Unani- mously Voted to adjourn the Annual Town Meeting until Monday June 5,2006 at 7:00 P.M. at the North Andover High School.No action was taken on any articles.Twelve voters were in attendance at the meeting. Pursuant to Chapter 6.1 of the Charter for the Town of North Andover a Notice of Adjournment was posted by Con- stable Richard D. Cain,Jr.on May 25,2006. The Annual Town Meeting reconvened on Monday June 5,2006 in the Auditorium at the North Andover High School.The meeting was called to order by Charles A. Salisbury,Town Moderator at 7:05 P.M.The meeting was moved to the North Andover High School Fieldhouse at 7:45 aM. to accommodate the voters. Checklists were used and 1,470 voters were in attendance.Rosemary Connelly Smedile,Chairman,Board of Selectmen,made a motion that this meet- ing dispense with the reading of the warrant,and with the reading of the constable's return of service of that warrant, and further moved that the moderator not be required to read articles of the warrant verbatim,but be allowed to refer to articles by number and by subject matter.The motion was duly seconded and passed by a Unanimous Vote. On Motion of Rosemary Connelly Smedile,Chairman of the Board of Selectmen,duly seconded,the meeting was adjourned to the North Andover High School at 7:00 aM.on Tuesday June 6,2006. The Annual Town Meeting reconvened on Tuesday June 6,2006 at the North Andover High School Auditorium. Town Moderator Charles A. Salisbury called the meeting to order at 7:05 aM.with 351 voters checked in. Article 1. Reports of Special Committees. Unanimously Voted to receive the Report of Town Clerk Joyce A. Bradshaw regarding the Annual Report. Petition of the Board of Selectmen Voted June 5,2006- 7:45 P.M. Article 2. Consent Articles. Voted to adopt Article 2 as amended by deleting Section B in its entirety. A.Reports of Receipts and Expenditures.To accept the reports of receipts and expenditures as presented by the Selectmen in the 2005 Annual Town Report. B.Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years.In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b),to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years, including any renewal, extension or option,provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate. (DELETED) C.Authorization to Accept Grants of Easements.To authorize the Board of Selectmen and the School Committee to accept grants of easements for water, drainage, sewer,roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. — 76 — D.Authorization to Grant Easements.To authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer,roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Petition of the Board of Selectmen VOTE: YES 552 NO 530 Voted June 5,2006- 7:47 p.m. Article 3. Senior Center Recognition Day. UNANISMOULY VOTED to declare the second Wednesday in the month of May, starting in the year 2007, as the"Senior Center Recognition Day".The month of May is designated as"Older American Month"so it is appropriate to celebrate each year the importance of the Senior Center to the citizens of our Town. Petition of Albert S. Movsesian and others Voted June 5,2006- 7:49 p.m. Article 4. Amend Zoning Bylaw- Section 2 - Definitions. Unanimously Voted to amend Section 2,Definitions of the Zoning Bylaw of the Town of North Andover by adding Section 2.30.A Drive Through Facility to read as follows: 2.30.A Drive-through Facility Petition of the Planning Board Voted June 6,2006—7:15 p.m. Article 5. Amend Zoning Bylaw—New Zoning District-Section 16 Corridor Development District 1 (CDD1). Voted by Two-Thirds vote declared by the Moderator to amend the North Andover Zoning Bylaw by adding a new section, Section 16 Corridor Development District 1 as printed in the warrant with the following amendments: Amending Section 16.2 Corridor Development District 1 (CDD1)—Permitted Uses—by deleting the words"and shall not exceed 3,000 gross square feet of building area". Amending Section 16.4"Uses subject to a Special Permit"-by deleting Section 1 and replacing it with the following: "1.No building or structure in excess of 3,000 gross square feet of building area shall be constructed, reconstructed, erected or altered in the Corridor Development District without the granting of the Special Permit.The granting of the special permit shall be pursuant to Section 8.3 and 10.3 of the bylaw and subject to the following conditions:" Amending Section 16.10-"Change of Use Subsequent to Granting of Special Permit—by changing the designation of the"North Andover Town Planner"to"North Andover Zoning Enforcement officer"and deleting the words"parking variance"and replacing them with"parking waiver". — 77 — Amending Section 16.11"Use of Existing Structure on Existing Lot-by deleting the words "dimensional, density, and". Amending Section 16.12.1(5) -"Dimension and Density Requirement"—by deleting the words "minimum height"and replacing it with"maximum height". Amending Footnote 13 of the Zoning Bylaw by inserting the following words after the first sentence "This restriction does not apply to the Corridor Development District." Amending Table 1—Permitted use—Multi-family dwellings and Apartments—YES(Y) to NO (N) and Two Family from YES (Y)to NO(N). FLOOR AMENDMENT:Amend Table 1—Permitted Use—Veterinary Hospital&Kennel—YES (Y) TO NO (N).—Voted YES—240 NO 54 Voted June 6,2006 And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment of Districts,by adding the term"Corridor Development District 1"; and amending Table 1 &Table 2 of the Bylaw to include the summary of uses and dimensional requirements for the Corridor Development District. See tables below. And in connection therewith to amend Footnote 1 of the Town Bylaw by inserting"and any Corridor Development District"in the first sentence after"In All district except Village Commercial". Section 16 to read as follows: Section 16 Corridor Development District 16.1 Objectives The Corridor Development District is intended: 1. To control the design of commercial and residential development along the primary corridors for vehicular travel through North Andover(Route 114, Route 133, and Route 125)in such a manner that encourages sound site planning, appropriate land use,the preservation of aesthetic and visual character, and promote economic development and diversity in the community tax base for the Town; 2. To foster a greater opportunity for creative development by providing control and design guidelines which encourage a mix of uses compatible with existing and neighboring residential properties; 3. To accommodate a compatible mixture of uses that complement commercial and residential uses typically associated with transportation corridors and large traffic flows. 4. To serve as a transition area between commercial development and the neighboring residential properties by ensuring that the appearance and effects of buildings and uses are harmonious with the character of the area; 5. To allow considerable flexibility under a special permit in the development of tracts of land as recommended in the Town of North Andover Master Plan in accordance the goals and objectives in the Master Plan; 6. To allow a developer to propose a site development use and plan unique to a particular location. 16.2 Corridor Development District 1(CDD1)-Permitted Uses In the Corridor Development District 1, no land shall be used and no building or structure shall be reconstructed, erected, altered or used for any other purpose than the following: 1. Retail uses excluding auto sales and repair provided there is no outdoor sales or storage of materials and products. — 78 — 2. Restaurants excluding drive-through facilities. 3. Personal service establishments. 4. Public building or use and Public Service Corporation. 5. Professional offices including,but not limited to banks,real estate offices, insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants.No drive-through facilities are permitted with these uses. 6.Art Gallery 7. Cultural Center or Museum 8. Place of worship 9. Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent(50%) of the gross square feet for a two (2) story building and not more than seventy-five percent(75%) of the gross square feet for a three(3) story building. 16.4 Uses Subject to a Special Permit The following uses may be allowed in the Corridor Development District by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 1. No building or structure in excess of 3,000 gross square feet of building area shall be constructed, reconstructed, erected or altered in the Corridor Development District without the granting of the Special Permit.The granting of the Special Permit shall be pursuant to Section 8.3 and 10.3 of the bylaw and subject to the following conditions: a. Submission of a traffic impact and mitigation plan by a professional traffic engineer/ consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout, site design, and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts and neighborhood streets and uses are harmonious with the character of the area. d. A determination by the Planning Board that the proposed development provides sufficient screening and buffering for those parcels abutting residential zoned properties. 2. For outdoor storage, display, and sales of materials, products and goods in connection with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty percent(20%) of the indoor principal use devoted to retail sales. b. The products, materials or goods displayed, stored or sold outdoors,by special permit, must not be visible from any residential use. c. The goods,materials, and products permissible for outdoor storage, display and sales hereunder, shall explicitly exclude automobiles,motorcycles, or other wheeled vehicles and include only goods, materials, and products,which are customarily stored, displayed, or sold outdoors without the necessity for cover from the weather. Fertilizers and other toxic, hazardous chemicals are also excluded herein. d. The amount of area designated for outdoor storage shall be included in the dimensional requirements for maximum lot coverage. e. The entire outdoor storage area shall be enclosed by a wall of solid opaque material such as masonry or solid wood fencing which,in the opinion of the Planning Board,will not derogate from the surrounding area. f. Sufficient landscaping shall be provided around the perimeter of the storage area at the discretion of the Planning Board. g. Only living plants can be higher than the surrounding vertical structural screening. — 79 — 16.5 Design Standards 1. Any other performance standards of the town shall also apply to uses conducted under this Section 16.5 of the North Andover Zoning Bylaws; 2. Architecture should demonstrate the cohesive planning of the development and present a clearly identifiable design feature throughout.Applicants are encouraged to use traditional New England architectural elements in the design.It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated in similar building scale or mass; consistent use of facade materials; similar ground level detailing, color or signage; consistency in functional systems such as roadway or pedestrian way surfaces, signage, or landscaping;the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site; 3. Buildings adjacent to usable open space should generally be oriented to that space,with access to the building opening onto the open space; 4. All new utilities shall be placed underground; 5. Landscaped space and pedestrian connectivity shall be designed and located to provide sufficient and safe access throughout the development and/or abutting residential neighborhoods.An alternative to a sidewalk, such as an asphalt path or trail,which better serves the purpose of connecting commercial businesses to each other and the community,may also be used; 6. Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity.No amplified music shall be audible to neighboring residents; 7. Vehicular access to and from public roads is intended to be consolidated.Vehicular access to lands from a public roadway shall generally be limited to one(1) access point,particularly when frontage along said roadway is two hundred(200)feet or less; 8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder or collector streets: a. Provision for Interior roadways and common curb cuts i. To allow for the least disruption in flow on the primary corridors, and the opportunity for orderly growth within the zoning districts bordering this state roadway, the town considers the reduction of entrances and exits on the highway of major concern. For that reason, all site plans shall show reasonable plans for interior roadways linking neighboring parcels presently developed or which could be developed as future site development to a common access point. ii. The Planning Board may approve provisions for interior roadways utilizing joint access and/or egress,recognizing that the final design and permitting of access to the primary corridors is to be accomplished only through the access permit process of the Massachusetts Highway Department.The Planning Board shall have the authority to authorize the following density bonuses for abutting owners who develop interior roadways or feeder streets utilizing a common drive and curb cuts thereby eliminating per parcel access/egress point on the highway: 1. an additional five (5%)percent in the amount of lot coverage allowed by the requirements of the bylaw for an existing or proposed use; and, 2. an increase of one dwelling unit per acre for an existing or proposed residential use. Applicants should notify the Massachusetts Highway Department as soon as possible of their intent to utilize the provisions of this bylaw in order to facilitate an orderly and cooperative permitting process between the Planning Board and the state highway department; 9. The design should preserve and enhance natural features such as topography,waterways, vegetation, and drainage ways; 10.The design should minimize impervious surfaces and incorporate other design features to minimize storm water runoff; and — 80 — 11.Mixed Use Developments should maximize pedestrian transit-oriented development. Specifically they should use"traffic-calming"techniques liberally;provide networks for pedestrians as good as the networks for motorists;provide pedestrians and bicycles with shortcuts al alternatives to travel along high-volume streets, and emphasize safe and direct pedestrian connections to transit stops and other commercial and/or employment nodes;provide long-term, covered,bicycle parking areas;provide well-lit,transit shelters;incorporate transit- oriented design features; and establish Travel Demand Management programs at employment centers. 16.6 Screening and Landscaping Requirements 1. Front Yard:The ten(10)feet nearest the street or front lot line must be landscaped and such landscaping shall not affect vehicular sight distance. 2. Side Yards:The five(5)feet nearest the side lot line must be landscaped.A waiver to the landscape requirements may be granted if one access driveway services the lot. 3. Rear Yards:The ten(10)feet nearest the rear lot lines must be landscaped. 4. Side and Rear Yards:Where a lot abuts a residential zoning district,the fifteen(15)feet nearest the side and rear lot lines must be landscaped.In addition,within ten(10) feet of the side and rear lot line, a buffer of at least eight(8)foot high trees or shrubs must be planted and maintained in a healthy condition by the owner of the property in perpetuity.A six(6)foot stockade fence must be erected along the side and rear property lines to physically separate the residential zone from the Corridor Development District areas.The Planning Board may specify the type and species of natural buffering required. 5. Building Foundation:A minimum three(3)foot wide landscaping strip must be installed along the entire length of each building foundation wall, except at points of entry/exit,lawfully required fire access points,loading/receiving bay areas, and any other structural amenities necessary and ordinary to the use of the building. 6. The Planning Board shall have final discretion in determining if sufficient landscape screening and buffering of varying depth and height has been provided. 7. All required screening, as described in items 1 through 6 above, shall be maintained in good condition at all times and in perpetuity. 16.7 Lighting and Signs 1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential properties,while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink,flash, oscillate or be of unusually high intensity of brightness. 2. Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness. 3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences.Where a lot abuts a residential zoning district, additional screening measures maybe required at the discretion of the Planning Board. 4. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation.The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. 5. Landscape screening shall consist of planting,including evergreens,the plantings to be of such height, depth as needed to sufficiently screen from view abutting residential areas any unshielded light source, either inside or outside. 6. All signs shall conform to Section 6.6(D) Business and Industrial Districts. — 81 — 16.8 Submission of a Special Permit Application and Plan Procedures: 1. The applicant shall file eight(8) copies of Corridor Development District Plan, supporting materials,filing and outside engineering review escrow fees, and three(3) copies of the form titled"Corridor Development District Special Permit Application"to the Planning Board.The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerk's office and meet the submittal requirements. 2. The Planning Board,within sixty-five(65) days from receipt of the plan by the Town Clerk, shall determine whether the proposed project is generally consistent with criteria of the paragraph 16.1 of this Section.The Planning Board will review the plans during a public hearing process and will receive comments from the public, other Town Departments, and the applicant. 3. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section 10.3 of the Zoning Bylaw. 4. If applicable,the applicant must follow the procedures for Site Plan Review under Section 8.3, Site Plan Review. 16.9 Parking Requirements The Planning Board, at its sole discretion, may waive required parking spaces if it determines that the permitted use may allow for less than the zoning mandated parking requirement.The Planning Board may consider one of the following in its determination: 1. The elimination of up to 25%of the required parking spaces to be constructed. 2. The elimination of up to 25%of the required parking spaces to be initially constructed,but require an adequate area for future spaces should they be required at a later date. 3. The elimination of up to 25%of the required parking spaces to be initially constructed,but require an adequate area for future spaces should they be required at a later date due to a change of use. 16.10 Change of Use Subsequent to Granting of Special Permit Special Permits granted under any Corridor Development District shall be subject to a new public hearing for a new Special Permit if,in the opinion of the North Andover Zoning Enforcement officer, a change of use occurs and the initial Special Permit was granted a parking waiver under Section 16.9 herein. 16.11 Use of Existing Structure on Existing Lot Upon review,the Planning Board may waive some or all of the special permit requirements outlined herein if a proposed change of use from residential to the Corridor Development District permitted use,results in no substantial change to an existing structure and is located on the same dimensional lot that existed prior to creation of any Corridor Development District. 16.12 Dimension and Density Requirements 16.12.1 Corridor Development District 1 1. Minimum lot size:43,560 sq.ft. 2. Minimum frontage: 150 feet. 3. Maximum lot coverage including buildings, driveways, and parking areas: 70%. 4. Maximum building coverage:50%. 5. Maximum height, not to exceed three(3) stories above ground:35 feet. 6. Minimum building and structures front setback: 10 feet. 7. Minimum building and structures rear setback:20 feet. — 82 — 8. Minimum building and structures side setback: 15 9. Minimum building and structures where lot abuts residential zoning district:20 feet. 10. Minimum distance between buildings: 10 feet. 11. Minimum usable open space requirements:30%of minimum lot size. 12. Floor area ratio:0.75:1. T,4BLE 1 -SUMM,4RY OF USE REGUL,4TION, T,4BLE 2-SUMM,4RYOF DIMENSIONWL REQUIREMENTS,,4ND FOOTNOTES TO ZONING BYL,4W,4S,4MENDED BY,4RTICLES 5 ,4ND 6 ONFILE IN THE OFFICE OF THE TOWN CLERK Voted.June 6,2006—7:45 p.m. Article 6. Amend Zoning Bylaw—New Zoning District, Amending Section 16—Adding Corridor Development District 2 (CDD2). Voted by Two-Thirds Vote declared by the Moderator to amend the Section 16 of North Andover Zoning Bylaw to create and establish a second Corridor district, Corridor Development District 2 (CDD2). And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment of Districts,by adding the terms"Corridor Development District 2"; and amending Table 1 &Table 2 of the Bylaw to include the summary of uses and dimensional requirements for the Corridor Development Districts. See tables below. Amend Section 16 as printed in the warrant by adding the underlined language within respective sub- sections,to read as follows with the following amendments: Amending Section 16.3 Corridor Development District 2(CDD2)—Permitted Uses—by deleting the "and shall not exceed 3,000 gross square feet of building area:" Amending Section 16.3 Corridor Development District 2(CDD2)—Permitted Uses—by inserting the following subparagraph"13. Fence businesses,fence contractor's yard, sales of sheds, swings sets and like equipment and supplies, including outdoor sales and outdoor storage of material, equipment, and supplies." Amending Section 16.12.2(5)Dimension and Density Requirement—by deleting the words"Minimum height"and replacing it with"Maximum height". Amending Table 1 Summary of Use Regulation to allow Lumber, Fuel Storage or Contractor's Yard as a permitted use within the Corridor Development District 2(CDD2) Amending Table 1 Summary of Use Regulations—Multi-Family Dwellings and Apartments from Yes(Y) to No(N);Two Family Dwelling from Yes(Y) to No(N), and Veterinary Hospital&Kennel—Yes(Y)to No (N) SECTION 16.3 AS AMENDED TO READ: 16.3 Corridor Development District 2(CDD2)-Permitted Uses In the Corridor Development District 2, no building or structure shall be reconstructed, erected, altered or used for any other purpose than the following and shall not exceed 3,000 gross square feet of building area: 1. Retail uses provided there is no outdoor sales or storage of materials and products. However, auto sales and repair are not allowed. 2. Restaurants excluding drive-through facilities. — 83 — 3. Personal service establishments. 4. Indoor recreation,fitness, and health care facility. 5. Indoor place of amusement or assembly. 6. Public building or use and Public Service Corporation. 7. Professional offices including,but not limited to banks,real estate offices,insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants.No drive-through facilities are permitted with these uses. 8. Art Gallery 9. Cultural Center or Museum. 10.Place of worship. 11.Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent(50%) of the gross square feet for a two(2) story building and seventy-five percent (75%) of the gross square feet for a three(3) story building. 12.Farming, Livestock,Animal Care: a. Farming of field crops and row crops,truck gardens, orchards,plant nurseries, and greenhouses. b. On any lot of at least three(3) acres,the keeping of a total of not more than three(3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size, the keeping of one (1) additional animal or bird up to a maximum of five(5) animals;but not the keeping of any animals,birds, or pets of persons not resident on such lot. c. of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries d. The sale of products raised as a result of the above uses on the subject land. 13.Fence businesses, fence contractor's yard, sales of sheds, swings sets and like equipment and supplies,including outdoor sales and outdoor storage of material, equipment, and supplies. 16.4 Uses Subject to a Special Permit The following uses may be allowed in the Corridor Development Districts by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 2. For outdoor storage, display, and sales of materials,products and goods in connection with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty percent(20%)within CDD1 and thirty percent(30%)within CDD2 of the indoor principal use devoted to retail sales. 16.12.2 Corridor Development District 2 1. Minimum lot size: 87,120 sq.ft. 2. Minimum frontage:250 feet. 3. Maximum lot coverage including buildings, driveways, and parking areas: 70%. 4. Maximum building coverage:40%. 5. Maximum height, not to exceed three(3) stories above ground: 35 feet. 6. Minimum building and structures front setback: 10 feet. 7. Minimum building and structures rear setback:25 feet. 8. Minimum building and structures side setback: 15 9. Minimum building and structures where lot abuts residential zoning district:20 feet. 10.Minimum distance between buildings: 10 feet. 11.Minimum usable open space requirements:30%of minimum lot size. 12.Floor area ratio:0.75:1. T4BLE 1 AND TWBLE 2ARE ONFILE IN THE OFFICE OF THE TOWN CLERK — 84 — Voted June 6,2006—8:35 p.m. Article 7. Rezone Turnpike Street—Corridor Development District 1 (CDD1). Voted to amend the Zoning Map of the Town of North Andover,pursuant to Section 3.2 of the Zoning Bylaw,to rezone the below parcels from their current zoning designation to the Corridor Development District 1 as follows with the following amendment: FLOOR AMENDMENT—LOUIS KMIEC-DELETE 707 TURNPIKE STREET—MAP 98D PARCEL 47 Voted by Majority Mote June 6,2006 To rezone twelve(12)parcels with land fronting Turnpike Street from the intersection of Hillside Road and Turnpike Street(next to Chestnut Green office Park) starting at 591 Turnpike Street and ending at Map 98D, Lot 46(0 Turnpike Street,property southeast of Country Side Realty) and consisting of approximately 20.2 acres. These twelve parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels with corresponding current zoning designations: • To change the current zoning designation of Residential 6 to the Corridor Development District 1 (CDD1): 633 Turnpike Street-Map 25, Parcel 5 607 Turnpike Street-Map 25, Parcel 6 599 Turnpike Street-Map 25, Parcel 7 591 Turnpike Street-Map 25, Parcel 8 224 Hillside Street-Map 25, Parcel 20 625 Turnpike Street-Map 25, Parcel 43 • To change the current zoning designation of Village Commercial(VC)to the Corridor Development District 1 (CDD1): 633 Turnpike Street-Map 25, Parcel 44 643 Turnpike Street-Map 25, Parcel 50 • To change the current zoning designation of General Business(GB)to the Corridor Development District 1 (CDD1): Turnpike Street-Map 25, Parcel 4 651 Turnpike Street-Map 25, Parcel 53 0 Turnpike Street-Map 98D, Parcel 46 707 Turnpike Street-Map 98D,Parcel47(DELETED BY FLOOR AMENDMENT) YES-238 NO-40 Voted June 6,2006- 9:15 p.m. Article 8. Rezone Turnpike Street—Corridor Development District 2 (CDD2). Voted by Two-thirds Vote declared by the Moderator to amend the Zoning Map of the Town of North Andover,pursuant to Section 3.2 of the Zoning Bylaw,to rezone the below parcels from their current zoning designation to the Corridor Development District 2 as follows: — 85 — To rezone fourteen(14)parcels with land fronting Turnpike Street and certain parcels that are located within 200 feet of Turnpike Street from the intersection of Hillside Road and Turnpike Street starting at 190 Hillside Road to and including 740 Turnpike Street(Mr. Sudzy Carwash) and consisting of approximately 15.9 acres. These fourteen parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels with corresponding current zoning designations: • To change the current zoning designation of Residential 3 (R3)to the Corridor Development District 2(CDD2): 182 Hillside Road-Map 98C, Parcel 27 190 Hillside Road-Map 98C, Parcel 28 582 Turnpike Street-Map 98C, Parcel 61 0 Innis Street—Map 98D, Parcel 31 642 Turnpike Street-Map 98D, Parcel 37 • To change the current zoning designation of Business 1 (B1)to the Corridor Development District 2 (CDD2): 311 Chestnut Street-Map 98D, Parcel 49 25 Saville Street-Map 98D, Parcel 6 0 Saville Street-Map 98D, Parcel 7 • To change the current zoning designation of Industrial 1 (I1)to the Corridor Development District 2 (CDD2): 0 Booth Street-Map 98D, Parcel 20 674 Turnpike Street-Map 98D, Parcel 21 • To change the current zoning designation of Village Commercial(VC)to the Corridor Development District 2(CDD2): 0 Turnpike Street-Map 98D, Parcel 38 740 Turnpike Street-Map 98D, Parcel 40 0 Turnpike Street-Map 98D, Parcel 56 0 Turnpike Street-Map 98D, Parcel 57 Voted June 6,2006 -9:35 p.m. Article 9. Maintain Current Zoning Classification—651 Turnpike Street. Unanimously Voted to"REFER BACK TO THE PLANNING BOARD"to maintain the current General Business(GB) classification on the property located at 651 Turnpike Street. This property was rezoned General Business(GB) at last year's May 2005 Annual Town Meeting. The property consists of 45,000 square feet, or 1.03 acres of land.A description of the property can be found on Map 25 Block 53 of the town of North Andover Assessor's Map.The property is further described in Book 03794 Page 0278 at the Essex County Registry of Deeds. The current General Business(GB) classification is consistent with the public policy considerations of Chapter 40(A) of the Massachusetts General Laws.The General Business Classification permits the most appropriate use of the land and promoted the health, safety, and welfare of the Town's residents. Petition of George S. Hajjar and others Voted June 6,2006-9:38 p.m. — 86 — Article 10. Amend General Bylaws—Various Chapters- Unified Fee Procedure. Unanimously Voted to give the Board of Selectmen the authority to set fees and to designate an enforcement agent by amending the General Bylaws as follows: CHAPTER 69 ALARM SYSTEMS Delete existing Section 69-7.1 Connection Fees,and replace with the following: Section 69-7.1.Connection Fees: Each alarm user shall on or before October 1st of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms.The fees shall be established by the Board of Selectmen. Locations that have multiple master boxes as required by the Fire Department shall be charged a fee for the initial fire alarm box only. Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of Sections 69-7 and 69-7.1. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. CHAPTER 69 ALARM SYSTEMS Add the following new paragraph to Section 69-14 Burglar Alarm Bylaw Violations: C.The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Add the following new paragraph at the end of Section 69-7.2 Fire Alarm Bylaw Violations: I. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee, or the Fire Chief or his designee. CHAPTER 77 BUILDING CONSTRUCTION Delete existing Section 77-1 Building Permit Fees,Exclusive of Mechanical and Utility Fees,and replace with the following: Section 77-1.Building Permit Fees,Exclusive of Mechanical and Utility Fees: The following costs and fees shall be established by the Board of Selectmen: A.A per square foot cost factor which shall be used to estimate the cost of new construction. B. Fees for new construction at a rate per thousand dollars of estimated cost of construction or actual contract price,whichever is greater. C.Fees for additions, alterations and remodeling at a rate per thousand dollars based upon the estimated cost of construction. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price.There shall be a minimum fee per permit to be established by the Board of Selectmen. D.Copies of the actual contract price shall be submitted with the Building Permit Application. E.Building permit fees shall be required for municipally owned buildings and structures. Building permit fees for buildings and structures wholly owned by the Town of North Andover may be waived,in whole or in part, only by the Board of Selectmen based on the Board's — 87 — determination of the benefits accruing to the Town from such a waiver. In all cases, fees will be required for mechanical and utility permits. The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees,fines and assessments and the schedule relative thereto, as cited above,which may be adjusted by the Board of Selectmen as required. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. CHAPTER 88 DOGS Delete existing Section 88-5 License Fees,and replace with the following: Section 88-5.License Fees: All dogs six(6) months old or older must be licensed and tagged. All dog license fees shall be established by the Board of Selectmen. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Delete Paragraph B from Section 88-2 Impoundment;Redemption Fee,and replace with the following: B.An impounded dog shall be released to its owner or keeper upon payment of an administrative fee and the pound fees,which fees shall be established by the Board of Selectmen, and,if necessary,upon its being properly licensed. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. CHAPTER 101 FEES Delete existing Section 101-1-Fees Enumerated,and replace with the following: Section 101-1.Establishment of Fees: The following fees shall be established by the Board of Selectmen: A.Fees for automatic amusement device licenses pursuant to Massachusetts General Laws c. 140, sec. 177a. B. Fees for sealing of weights and measures services pursuant to Massachusetts General Laws c. 98, sec.56. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. CHAPTER 127—JUNK DEALERS Delete existing Section 127-1 License Required;Fee;Duration,and replace with the following: Chapter 127-1.License Required;Fee;Duration: No person shall keep a shop for purchase, sale or barter of junk, old metal or secondhand articles, or shall go from house to house collecting or procuring by purchase or barter any such articles,without a — 88 — written license from the Board of Selectmen.The Board of Selectmen shall set the fee for such license. Each license shall continue in force until the first day of May ensuing unless sooner revoked by the Selectmen. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. CHAPTER 130 LITTERING Add the following new paragraph to Section 130-2,Littering,Violation and Penalties: The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. CHAPTER 158 SOLICITATION Delete existing Section 158-5 Registration Fee,and replace with the following: Section 158-5.Registration Fee: Each applicant for registration or re-registration shall pay a non-refundable fee to the Town at the time of application.The registration fee shall be established by the Board of Selectmen.A registration fee must be paid for each person who will be engaged in soliciting or canvassing or the supervision of canvassing or soliciting.The fee may be waived at the discretion of the Chief of Police for a non-profit organization with proof of non-profit status. Until a new fee is established by the Board of Selectmen,the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. Add the following new sentence at the end of existing section 158-12 Enforcement of Solicitation bylaw —Penalty The enforcement agent for purposes of this bylaw shall be the Police Chief or his designee. CHAPTER 161 STREETS AND SIDEWALKS Add the following new paragraph to Section 161-5 Leaf Regulations—Penalties: The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Voted June 6,2006- 9:39 p.m. Article 11. Compensation of Elected officials. Voted by Majority Vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $2,000 Chairman, per annum, in addition $300 School Committee, per person, per annum $2,000 Chairman, per annum, in addition $300 Moderator, For Annual Town Meeting $100 For each Special Town Meeting $50 Petition of the Board of Selectmen Voted June 5,2006- 11:15 p.m. — 89 — Article 12. Amend General Fund Appropriation-Fiscal Year 2006. Unanimously Voted to amend the General Fund Appropriation for Fiscal Year 2006 as voted under Article 8 of the May 9,2005 Annual Town Meeting and Article 1 of the December 5,2005 Special Town Meeting by: • Increasing General Government by$11,437 for a revised total of$2,337,278 • Increasing Public Safety by$17,130 for a revised total of$8,002,514 • Increasing Snow&Ice Removal by$102,726 for a revised total of$788,256 • Decreasing all other Public Works by$71,509 for a revised total of$2,829,246 • Increasing Health and Human Services by$25,394 for a revised total of$717,862 • Decreasing Culture and Recreation by$17,264 for a revised total of$714,938 • Decreasing Employee Benefits by$48,944 for a revised total of$8,962,200 • Decreasing Liability Insurance by$18,970 for a revised total of 335,277 for a total net change of zero. Voted June 6,2006 -9:44 r.m. Article 13. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal Year 2006. Unanimously Voted to amend the Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 13 of the May 9,2005 Annual Town Meeting and Article 3 of the December 5,2005 Special Town Meeting by: • Increasing Personnel by$14,857 for a Revised Total of$180,201 • Increasing Expenses by$38,915 for a Revised Total of$275,714 And • Increasing Admin/Indirect By$1,272 for a Revised Total of$65,000 Amendments Resulting In a Total Net Change of$55,044. STEVENS ESTATE at OSGOOD HILL Amount Voted Changes Under Article Voted under Revised 13 at Article 3 Total REVISED 5/9/05 ATM 12/5/05 STM After STM Changes TOTAL Personnel 155,344 10,000 165,344 14,857 180,201 Expenses 196,799 40,000 236,799 38,915 275,714 Capital 0 0 0 0 0 Reserve Fund 0 0 0 0 0 Debt Service 0 0 0 0 0 Sub-Total Direct Expenditures 352,143 50,000 402,143 53,772 455,915 Admin/Indirect 63,728 0 63,728 1,272 65,000 Total Stevens Estate Enterprise 415,871 50,000 465,871 55,044 520,915 Voted June 6,2006 -9:45 r.m. - 90 - Article 14. Prior Years Unpaid Bills. Unanimously Voted to Authorize Payment of the following Bills of Prior Years from Current Year's Appropriations: Vendor Amount Department Bay State Gas 286.63 Police Verizon 334.37 Water Dept For A Total of 8 621.00 Voted June 6,2006- 9:47 P.M. Article 15. Fund Collective Bargaining Agreement between the Town of North Andover and the Police Lieutenants'Collective Bargaining Unit. Voted by Majority Vote to approve, as necessary,the appropriation from available funds for the economic cost items contained in the Arbitration Award in Case No.JLMC-05-55PS for Police Lieutenants in the IBPO Local 454 Bargaining Unit,including for Fiscal Year 2005 Salaries and Wages the sum of $7,393.27. Petition of the Board of Selectmen Voted June 6,2006- 9:47 P.M. Article 16. Fund Collective Bargaining Agreement between the Town of North Andover and the Sergeants and Patrol officers' Bargaining Unit or Units. Voted to"Take No Action"for the Town to raise and appropriate, or appropriate from available funds, a sum of money for the purpose of funding a collective bargaining agreement or agreements between the Town of North Andover and the duly certified collective bargaining representative or representatives, or any successor collective bargaining organizations,representing police officers and/or sergeants,for the period of July 1,2004 through June 30,2007. Petition of the Board of Selectmen Voted June 6,2006- 9:50 P.M. Article 17. Mosquito Control Program. Voted that the Town rejoin the Northeast Mosquito Control District to address Mosquito Control. YES-108 NO-79 Voted June 6,2006- 9:52 P.M. Majority Vote to take Articles 24,25,21,22,23, and 26 out of order—9:54 P.M. Majority Vote to take Article 18 out of order. Article 18. General Fund Appropriation Fiscal Year 2007. MAJORITY VOTE to Replace Finance Committee Motion by: — 91 — • Increasing General Government by $28,190 for a new revised total of$2,380,036, • Increasing Public Safety by$7,172 for a new revised total of$8,262,081, • Increasing School Department by$1,426,327 for a new revised total of$33,116,430, • Increasing All Other Public Works by$25,777 for a new revised total of$3,260,115, • Increasing Health and Human Services by$55,176 for a new revised total of$751,822, • Increasing Culture and Recreation by$26,773 for a new revised total of$745,707 For a total net increase of$1,569,415. General Fund Appropriation General Government 2,380,036 Public Safety 8,262,081 School Department 33,116,430 Greater Lawrence Technical School 236,000 School Building Committee 22,000 Snow & Ice Removal 685,530 All Other Public Works 3,260,115 Health and Human Services 751,822 Culture and Recreation 745,707 Debt Service 9,398,741 Employee Benefits 10,168,518 Liability Insurance 416,516 Finance Committee Reserve Fund 0 Total Town Meeting Appropriation 69,443,496 Voted June 6,2006 -9:52 r.m. Motion To Reconsider Article 18— Denied - 9:47 r.M. On Motion of Rosemary Connelly Smedile, Chairman of the Board of Selectmen, duly seconded, the meeting was adjourned to the North Andover High School at 7:00 P.m. on Tuesday June 6,2006. The Annual Town Meeting reconvened on Tuesday June 6 at the North Andover High School Audi- torium.Town Moderator Charles A. Salisbury called the meeting to order at 7:05 P.m.with 351 voters checked in.The meeting began with Article 21. Article 19. Stabilization Fund(s). Unanimously Voted TO"Take No Action"to establish any new Stabilization Fund(s), or vote appropriations into or out of any existing Stabilization Fund(s). Petition of the Board of Selectmen Voted June 6,2006 -9:52 r.m. — 92 — Article 20. Stabilization Fund. Unanimously Voted TO"Take No Action"that the Town will vote to transfer or appropriate funds from any Stabilization Fund(s) to the operating budgets/general fund. Petition of Diane Huster and others Voted June 6,2006- 10:10 r.m. Article 21. Sewer Enterprise Fund Appropriation - Fiscal Year 2007. Unanimously Voted that the Town appropriate the amount of$4,180,744,in aggregate,for the purposes listed under the column"FY07 Recommendation:Town Manager, Board of Selectmen, Finance Committee"without regards to individual line items, and to operate the Sewer Enterprise Fund,that $2,774,624 be raised from Sewer Receipts and from these receipts $253,989 be transferred to the General Fund for indirect expenses and that$1,406,120 be transferred from Sewer Enterprise Fund Retained Earnings. Petition of the Board of Selectmen SEWER ENTERPRISE FY07 Recommendation FY07 Town Manager FY06 Department Board fof Selectmen Budget Request Finance Committee Personnel 331,603 359,606 359,606 Expenses 222,065 313,344 313,344 GLSD Assessment 1,264,982 1,298,000 1,298,000 Settlement 56,000 56,000 56,000 Debt Sevice 1,902,353 1,899,805 1,899,805 Subtotal Direct Expenditures 3,777,003 3,296,755 3,296,755 Admin/Indirect 235,261 253,989 253,989 Total Sewer Enterprise 4,012,264 4,180,744 4,180,744 Voted June 6,2006- 7:09 r.m. Article 22. Water Enterprise Fund Appropriation - Fiscal Year 2007. Unanimously Voted that the Town appropriate the amount of$5,226,723,in aggregate,for the purposes listed under the column"FY07 Recommendation:Town Manager, Board of Selectmen, Finance Committee"without regards to individual line items, and to operate the Water Enterprise Fund,that $5,172,001 be raised from Water Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect Expenses and that$54,722 be transferred from Water Enterprise Fund Retained Earnings. — 93 — WATER ENTERPRISE FY07 Recommendation FY07 Town Manager FY06 Department Board fof Selectmen Budget Request Finance Committee Personnel 703,192 739,310 739,310 Expenses 1,140,762 1,320,540 1,320,540 Debt Sevice 2,763,317 2,632,241 2,632,241 Subtotal Direct Expenditures 4,607,271 4,692,091 4,692,091 Admin/Indirect 499,467 534,632 534,632 Total Water Enterprise 5,106,738 5,226,723 5,226,723 Voted June 6,2006 -7:10 r.m. Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2007. Unanimously Voted that the Town appropriate the amount of$535,000 listed under the column "FY07 Recommendation:Town Manager, Board of Selectmen, Finance Committee"and to operate the Stevens Estate at Osgood Hill Enterprise Fund that$535,000 be raised from Stevens Estate at Osgood Hill Enterprise Fund and from these receipts 883,119 be transferred to the General Fund for Indirect Expenses. STEVENS ESTATE FY07 at OSGOOD HILL Recommendation FY07 Town Manager FY06 Department Board fof Selectmen Budget Request Finance Committee Personnel 165,201 186,200 204,181 Expenses 236,799 218,800 247,700 Capital 0 0 0 Reserve Fund 0 0 0 Debt Sevice 0 0 0 Subtotal Direct Expenditures 402,000 405,000 451,881 Admin/Indirect 65,000 83,119 83,119 Total Stevens Estate Enterprise 467,000 488,119 535,000 Voted June 6,2006 -7:10 p.m. Article 24. Capital Improvement Plan Appropriation Fiscal Year 2007. Voted by Two-thirds Vote declard by the Moderator to fund the Town Capital Improvement Program as printed in the Finance Committee Report for the 2006 Annual Town Meeting under the heading "FY07 CIP Recommendations"with the following amendment: — 94 — Delete line 9,"Town/School Data Network",in the amount of$300,000; and to appropriate $3,075,431 for the listed projects in the amounts as follows: Line # Project Description Fund Code Amount 1 Old Center Roadway Project B/N-G $391,891 2 Roadway (unaccepted) Improvements B/N-G $340,360 3 Mosquito Brook Drainage Improvements B/N-G $215,000 4 Communication Center Upgrade B/N-G $246,218 5 Building Repairs - Police Station B/N-G $114,353 6 Sidewalk Construction B/N-G $105,400 7 Franklin School Roof Replacement B/N-G $814,000 8 Ambulance Replacement B/N-G $158,539 10 Equipment-Truck-1 Ton-4 Wheel Drive B/N-G $35,000 11 Equipment-Tractor B/N-G $55,000 12 Equipment-Front End Loader B/N-G $180,000 13 Leasehold Improvements B/N-G $48,000 Community Development offices General Fund Total $2,703,761 14 Waste Water Management Plan B/N-S $231,670 Sewer Enterprise Fund Total $231,670 15 Water Main Rehab B/N-W $110,000 16 Water Supply Security System R&A-W $30,000 Water Enterprise Fund Total $140,000 • Fund Codes spelled out below Funding Source Code Totals Raise and Appropriate - General Fund R&A-G $ Raise and Appropriate - Water Fund R&A-W $30,000 Raise and Appropriate - Sewer Fund R&A-S $ Bonds/Notes - General Fund B/N-G $2,703,761 Bonds/Notes - Water Fund B/N-W $110,000 Bonds/Notes - Sewer Fund B/N-S $231,670 Total All Capital Projects $3,075,431 And to meet this appropriation, $30,000 shall be raised and appropriated from the Water Enterprise Fund, and the Treasurer,with the approval of the Board of Selectmen is authorized to borrow$3,045,431 under Chapter 44 of the Massachusetts General Laws. Voted.June 5,2006- 10:15 p.m. Article 25. Funding for Water Storage Tanks. Unanimously Voted to appropriate a sum of money for the construction of water tanks;to be determined whether this appropriation shall be raised by a transfer from unexpended bond proceeds,by an appropriation from the tax levy,by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise. — 95 — Voted that$5,781,061 is appropriated for the construction of water tanks,including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws;that to meet this appropriation $238,243 shall be transferred from the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $9,950 Lake Cochichewick May 6, 1991 (Article 12, Section 20) June 15, 2001 $10,249 Sutton Hill May 4, 1992 (Article 8, Section 29) June 15, 1995 $103,884 Ozone Generator May 2, 1994 (Article 9, Section 12) January 15, 1997 $96 Raw Water Wet Well May 2, 1995 (Article 11, Section 16) September 1, 1998 $139 4 Wheel Drive Vehicle May 10, 2004 (Article 11, Section 19) June 15, 2005 $113,925 Bear Hill Reservoir May 10, 2004 (Article 11, Section 22) June 15, 2005 that$10,530 shall be transferred from the following projects in the amounts set forth below, said sums representing amounts raised and appropriated from the tax levy for each project that are not needed for the respective project: Amount Project Date/Article Number $1,952 Carbon Filter Replacement June 14, 2000 (Article 14, Section 18) $5,927 Retile Floors June 14, 2000 (Article 14, Section 19) $2,538 Water Main Engineer June 14, 2000 (Article 14, Section 17) $113 Surface Agitation System June 14, 2000 (Article 14, Section 20) that the Treasurer with the approval of the Board of Selectmen is authorized to borrow$5,532,288 under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws or any other enabling authority;that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection,to expend all funds available for the project and to take any other action necessary to carry out the project. Voted June 5,2006- 10:29 P.M. Majority Vote to take Article 37 and Article 11 out of order—June 5,2006 10:30 P.M. Article 26. Establishment of Revolving Funds. Unanimously Voted to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2006. — 96 — Revolving Fund Accounts Account Revolving Authorized to Use Revenue FY2007 Number Fund Spend of Funds Source Limit 022-5423-3437 Youth Services Assistant Town All programs Participants' $250,000 Revol Manager and activities, fees, Grants, expense, part Donations, and time help related Fundrais- ing proceeds 022-4925-3077 Field Director Field Field rental fees, $40,000 Maintenance - Division of maintenance, Grants, Dona- Public Works upgrade and tions, and relat- related expenses ed Fundraising proceeds 022-5590-3564 Elder Services Assistant Town Senior Participants' $50,000 -COA Revol Manager programs, fees, Grants, classes and Donations, and activities related Fundrais- ing proceeds 022-5102-3424 Health Dept Director of Clinic supplies Clinic par- $20,000 Revolving Community and other ticipant fees, Development related materials Grants, Dona- tions, and relat- ed Fundraising proceeds 022-4306-3008 Wheelabrator Director of Air quality Wheelabrator $25,000 Planning Community monitoring Host Commu- Development nity Agreement 022-4307-3083 Wheelabrator Director of To enforce trash Wheelabrator $40,000 Public Safety Community truck regulations Host Commu- Development nity Agreement 022-4308-3649 Wheelabrator Director of Protection of Wheelabrator $40,000 - Health Community health, safety Host Commu- Development and monitoring nity Agreement the air quality 022-4309-3084 Health Director of Food consultant Inspection fees $25,000 Dept- Food Community fees and Inspections Development expenses related to program 022-4310-3085 Health Dept Director of Septic Inspection fees $40,000 -Septic Community Consultant fees Inspections Development and expenses related to programs Total:$530,000 - 97 - Revolving Fund Account Receipts and Expenditures Account Revolving Balance FY05 FY05 Balance Receipts to Expentiures to Balance Number Fund 7/1/04 Receipts Expenditures 6/30/05 2/28/06 2/28/06 2/28/06 022-5423- Youth 3437 Services Revol $235,501 $222,517 $(201,964) $256,054 $47,508 $(139,588) $163,975 022-4925- Field $ $700 $ $700 $26,050 $ $26,750 3077 Maintenance 022-5590- Elder Services 3564 -COA Revol $17,970 $15,991 $(25,686) $8,275 $11,878 $(14,749) $5,403 022-5102- Health Dept 3424 Revolving $12,674 $19,324 $(16,509) $15,489 $2,754 $(3,151) $15,092 022-4306- Wheelabrator i $95,334 $ $(25,642) $69,692 $ $(13,431) $56,261 3008 Planning 022-4307 Wheelabrator 3083 Public Safety $45,342 $34,231 $(7,419) $72,154 $21,305 $(4,139) $89,320 022-4308- Wheelabrator 3649 -Health $37,545 $30,000 $ $67,545 $17,500 $(12,283) $72,762 Health 022-4309- Dept-Food $24,740 $19,750 $(11,060) $33,430 $19,450 $(9,569) $43,311 3084 Inspections Health Dept 3085 10- -Septic $19,010 $40,868 $(27,216) $32,661 $25,495 $(23,668) $34,488 085 Inspections $488,116 $383,380 $(315,495) $556,001 $171,940 $(220f579) $507,362 Voted June 6,2006 -7:13 p.m. Article 27. Supplemental Revolving Funds. Unanimously Voted TO"Take No Action"to authorize the establishment of supplementary revolving funds under Massachusetts General Law Chapter 44 Section 53E1/2 or similar applicable sections to allow certain Town departments to raise and expend funds to make good certain budget cuts or deficiencies in Fiscal Year 2007. Voted June 6,2006 - 10:12 p.m. Article 28. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. Unanimously Voted to Receive the Report of the Community Preservation Committee and that the Town will raise and appropriate $2,138,400 from the Fiscal 2007 Community Preservation Fund in accordance with Chapter 44B as follows: - 98 - Description Amount Category Main Street Fire Station Restoration a) $140,000 Historic Preservation (exterior and roof repairs) b) Stevens memorial Library Restoration $95,500 Historic Preservation (windows and roof repairs) Machine Shop Village Transportation c) Enhancements Grant Application $5,000 Historic Preservation d) Historic Town Records Restoration — Phase II $50,000 Historic Preservation e) Aplin Field (new playground) $28,500 Recreation/Open Space f) Reynolds Field (new playground) $30,000 Recreation/Open Space Stevens Pond Beach Restoration (new bath house g) and rehabilitation of recreation structures) $186,000 Recreation/Open Space h) Open Space Stewardship Program (creation of $70,000 Recreation/Open Space trails, parking areas, and information kiosks) i) Principal and interest expenses: Half Mile Hill $1,300,000 Open Space Summit and Sunnyridge(Cullen Property) j) Reserve for Future Expenditures $228,400 Affordable Housing k) Administrative Costs $5,000 Administration Total 2007 Appropriations $2,138,400 Voted June 6,2006- 10:15 r.m. Article 29. Change Community Preservation Act Surcharge. To see if the Town will vote to change the Community Preservation Act surcharge on real property from 3 (three)percent of the real estate tax levy against real property to 1 (one) percent. Petition of Edwin P. Tripp, 111 and others ARTICLE 29 DEFEATED Voted June 6,2006 - 10:18 r.m. Article 30. Amend General Bylaws—Chapter 59-8—Town Meetings— Procedures for Initial Funding and Approval of Collective Bargaining Agreements. Unanimously Voted TO"Take No Action"to amend the General Bylaws Chapter 59—Town Meetings by inserting a new section—Section 8"Procedures for Initial Funding and Approval of Collective Bargaining Agreements". Chapter 59-8.Procedures for Initial Funding and Approval of Collective Bargaining Agreements. Section 1: Town Meeting shall not make any appropriation for any line item of any budget or any expenditure for a new labor contract which will require the reduction of personnel to fund such contract. Section 2: Town Meeting shall not approve any appropriation for any line item of any budget or any expenditure which shall fund any new labor contract where the total payroll and related payroll costs increase in the — 99 — contract is in excess of two and one-half per-cent(2.5%)per year over the preceding year's respective payroll and payroll related costs for the term of the contract,unless it complies with Section 1 and the total payroll and estimated payroll related costs increase over the current year's cost for the term of the contract do not exceed 2 1/z%times each year of the contract term. Section 3:Definitions and Procedures: Payroll and payroll related cost increases shall be defined as the total annual payroll cost increase in a contract plus estimated annual increases in payroll related costs,including,but not limited to, all employee benefits such as additional time off,health insurance and pensions costs,whether paid by the Town or deducted and/or charged by the Commonwealth of Massachusetts in computing local aid to the Town, and payroll tax increases. Payroll cost and payroll related costs shall include all amounts paid to or on behalf of former employees and retired employees previously covered by the contract for post retirement health insurance and pension benefits.All costs used to determine the percentage increase shall be done on a pro rata basis but need not require an individual allocation of costs. Cost increases not specifically identifiable to a particular employee or a current or former group of employees shall be allocated on a pro rata basis to all employees of the Town. The percentage increase provided for in any new labor contract shall be made by the Board of Selectmen or the School Committee that approve the terms of said contract for consideration of funding and approval by way of appropriation by Town Meeting and such computations including the percentage increase shall be reviewed by the Finance Committee,which shall present the computations and contract to Town Meeting in a separate warrant article for consideration. In the case of the School Department budget, the finance committee shall present an article with the contracts included and a separate article without the contract included. Any portion of this By Law deemed not acceptable by the Attorney General shall not affect others provisions of this By Law. Petition of Robert Ercolini and others Voted June 6,2006 - 10:37 r.m. Article 31. Amend General Bylaws—Add Chapter 143 - Public Notice. Unanimously Voted to"Take No Action"to adopt By Law entitled"Public Notice", Chapter 143 to provide that: Section 143-1:Public Notice Using Internet Any and all information currently required to be printed in a newspapers or otherwise published or posted by the Town, School Department or residents doing business with the Town will be made available on a separate web site established by the Town of North Andover entitled Public Notices for Town and School Departments and to request that the Board of Selectmen and School Committee prepare and file a"Home Rule Petition to the General Court of the Commonwealth of Massachusetts"for the purpose of requesting appropriate authority to publish certain notices and documents on this web site in lieu of publishing these"Public Notices"in newspapers that the Board of Selectmen and School Committee deem appropriate in their sole discretion for the purposes of reducing costs incurred by the town and its residents and for the purpose of making such"Public Notices"more available to the residents of the Town and others. Petition of Robert Ercolini and others Voted June 6,2006—10:38 r.m. — 100 — Article 32. Amend General Bylaws—New Section 143-2 - Public Notice Information. Unanimously Voted to"Take No Action"to amend the General Bylaws of the Town of North Andover by adding a new Section 143-2 entitled"Public Notice Information"to provide that: Section 143-2:Public Notice Information The Town of North Andover through its computer systems will contemporaneously publish,when a document is issued or otherwise made available on any Town or School Departments computer systems, on either the Town of North Andover official Web Site and/or the Town of North Andover School Department official Web Site, all information subject to the Massachusetts Public Information Law and that any information or documents withheld will be identified in detail along with the reason for the decision not to publish them and the person designated by the Town or the School Department to make that decision. This information published on these web sites shall include,but not be limited to, all information required to be published in the Town's Annual Report,monthly and yearly financial statements,reports issued by committees,budgets,general ledgers, detailed listing of cash receipt and disbursement journals, labor and all other contracts including contracts proposed for appropriation at Town Meeting, detailed listing of all property assessments by property class and related tax assessments,minutes of all meetings and related attachments presented to board or meeting members, correspondence of the Town and School departments, all submissions to and decisions or correspondence issued by the all departments of the Town,including but not limited to the Planning Board, Conservation Commission, Zoning Board of Appeals, Board of Health, and Finance Committee, all standardized school test results, all correspondence to and from the to the Department of Education, Bureau of Accounts and other governmental agencies. The Town and School Department official web sites shall also establish as soon as possible Bulletin Boards on their sites for use by residents of the Town to identify and discuss all Town and school related issues in a forum where residents are required to identify themselves in order to participate in a discussion or forum,but need not identify themselves to review the information on the bulletin boards. These Town and School web sites shall maintain information for at least a five year period.The implementation period of this By Law which shall be two years from the date of enactment and the Town and School Departments shall first provides residents of the Town with current information as to the Town and School department's activities and then add historical data. Petition of Robert Ercolini and others Voted June 6,2006— 10:40 r.m. Article 33. Establishment of Affordable Housing Trust Fund. Voted by Majority Vote to accept the provisions of Massachusetts General Laws Chapter 44 Section 55C, and also to delete Chapter 28- Housing Trust Fund-from the North Andover General Bylaws, and replace it with the following Chapter 28 -Housing Trust Fund: Chapter 28 Housing Trust Fund §28-1.Name of the Trust The trust shall be called the"Town of North Andover Affordable Housing Trust Fund". §28-2.Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the — 101 — Town of North Andover for the benefit of low and moderate-income households.In furtherance of this purpose,the Trustees are hereby authorized,in accordance with the procedures set forth herein,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 and creation in the Town of North Andover of affordable housing for the purposes for which this Trust was formed. §28-3.Tenure of Trustees There shall be a Board of Trustees consisting of not less than five nor more than seven Trustees who shall be appointed by the Board of Selectmen.At least one of the Trustees shall be a member of the Board of Selectmen. Only persons who are residents of the Town of North Andover shall be eligible to hold the office of Trustee.Trustees shall serve for a term of two years, except that two of the initial trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of the Board of Selectmen.Any Trustee who ceases to be a resident of the Town of North Andover shall cease to be a Trustee hereunder and shall promptly provide a written notification of the change in residence to the Board and to the Town Clerk.Any Trustee may resign by written instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk.If a Trustee shall die,resign, or for any other reason cease to be a Trustee hereunder before his/her term of office expires, a successor shall be appointed by the Board of Selectmen to fill such vacancy provided that in each case the said appointment and acceptance in writing by the Trustee so appointed is filed with the Town Clerk.No such appointment shall be required so long as there are five Trustees in office.Upon the appointment of any succeeding Trustee and the filing of such appointment,the title to the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder. §28-4.Meetings of the Trust The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law,Massachusetts General Laws Chapter 39, Sections 23A,23B and 23C.A quorum at any meeting shall be a majority of the Trustees qualified and present in person. §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: A.With the approval of the Board of Selectmen, to accept and receive property,whether real or personal,by gift,grant, devise, or transfer from any person,firm, corporation or other public or private entity,including without limitation,grants of funds or other property tendered to the trust in connection with provisions of any zoning by-law or any other by-law; B.With the approval of the Board of Selectmen, to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; 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; D.With the approval of the Board of Selectmen, to sell,lease, exchange,transfer, or convey any personal 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 personal property notwithstanding the length of any such lease or contract; E.To execute, acknowledge and deliver deeds, assignments,transfers,pledges,leases, covenants, contracts,promissory notes,releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; — 102 — F. To employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem necessary; G.To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the trustees deem advisable; H.To apportion receipts and charges between income and principal as the trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; I. With the approval of the Board of Selectmen,to participate in any reorganization, recapitalization,merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution,to vote any securities or certificates of interest, and to consent to any contract, lease,mortgage,purchase or sale of property,by or between any corporation and any other corporation or person; J. With the approval of the Board of Selectmen,to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board,with the approval of the Board of Selectmen, may deem necessary and appropriate; K.To carry property for accounting purposes other than acquisition date values; L.With the approval the Board of Selectmen and the approval of Town Meeting by a two-thirds majority vote, to incur debt,to borrow money on such terms and conditions and from such sources as the trustees deem advisable, and to mortgage and pledge trust assets as collateral; M.With the approval of the Board of Selectmen,to disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in North Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes; N.To make distributions or divisions of principal in kind; O.To comprise, attribute, defend, enforce,release, settle or otherwise adjust claims in favor or against the trust,including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of G.L. Chapter 44, Section 55C,to continue to hold the same for such period of time as the board may deem appropriate; P. To manage or improve real property and,with the approval of the Board of Selectmen and Town Meeting,to abandon any property which the trustees determine not to be worth retaining; QQTo hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate; and R.To extend the time for payment of any obligation to the trust. §28-6.Funds Paid to the Trust Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning by-law, exaction fee, or private contribution shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and these funds need not be further appropriated to be expended.All moneys remaining in the trust at the end of any fiscal year,whether or not expended by the board within one year of the date they were appropriated into the trust,remain trust property. §28-7.Acts of Trustees A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond.No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. — 103 — §28-8.Liabili Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town, except in the manner specifically authorized herein.The Trust is a public employer and the Trustees are public employees for the purposes of G.L. Chapter 268A.The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of Massachusetts General Laws Chapter 268A. §28-9.Taxes The Trust is exempt from Massachusetts General Laws Chapter 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any subdivision thereto. §28-10.Custodian of Funds The Town Treasurer shall be the custodian of the funds of the Trust.The books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities. §28-11.Governmental Body The Trust is a governmental body for purposes of Sections 23A,23B and 23C of Massachusetts General Laws Chapter 39. §28-12.Board of the Town The Trust is a board of the Town for purposes of Massachusetts General Laws Chapter 30B and Section 15A of Massachusetts General Laws Chapter 40;but agreements and conveyances between the trust and agencies,boards, commissions, authorities, departments and public instrumentalities of the town shall be exempt from said Chapter 30B. §28-13.Duration of the Trust This Trust shall be of indefinite duration,until terminated in accordance with applicable law.Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees,the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for affordable housing purposes.In making any such distribution, the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind.The powers of the Trustees shall continue until the affairs of the Trust are concluded. §28-14.Recordings The Board of Selectmen may authorize the Trustees to execute, deliver, and record with the Registry of Deeds any documents required for any conveyance authorized hereunder. §28-15.Titles The titles to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such Article. Petition of the Housing Partnership Committee Voted June 6,2006 - 10:44 r.m. Article 34. Intermunicipal Joint Purchasing Agreement—Community Software Consortium. Unanimously Voted to authorize the municipality to enter into an intermunicipal joint purchasing agreement pursuant to Massachusetts General Laws Chapter 40 Section 4A for the provision of technology solutions and related consulting and support services with the Community Software Consortium,preserving the rights and privileges established in prior agreement(s).The duration of this — 104 — agreement,in accordance to statute, shall be for no more than 25 years,with the ability of the community to withdraw from this agreement at any time.The annual obligation of the municipality under this agreement will be paid from the participating departments'expense appropriations.The annual obligation is determined by membership vote pursuant to the consortium's bylaws. Petition of the Board of Assessors Voted June 6,2006- 10:50 r.m. Article 35. Continue Provisions of Massachusetts General Law,Chapter 59 Section 5k— Property Tax Liability Reduction,Volunteers Over Age 60. Unanimously Voted that the Town 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 not to exceed$12,000. Voted June 6,2006- 10:52 r.m. Article 36. Petition the General Court—Amend Town Charter -Chapter 7 - Section 8-1- Expand Board of Health to Five Members. Unanimously Voted to authorize the Board of Selectmen to Petition the Legislature to Amend Chapter 7, Section 8.1 of the Charter of the Town of North Andover,by deleting the words"three members"and replacing with the words"five members"so that Section 8.1 would read as follows: "A Board of Health of five members, one of whom shall be a licensed physician in the commonwealth, shall be appointed by the Town Manager for three-year overlapping terms,unless the manager shall replace the board with a health agent,with the approval of the Board of Selectmen,in accordance with general law." and further amended on motion of Thomas Trowbridge seconded by Keith A.Mitchell Unanimously Voted to amend Section 8.1 of the Charter by deleting"unless the manager shall replace the board with a health agent,with the approval of the Board of Selectmen,in accordance with general law." Chapter 7 Section 8.1 of the Charter of the town of North Andover to read as follows: Chapter 7 Section 8 Board of Health 7-8-1 A board of health of five members, one of whom shall be a licensed physician in the Commonwealth, shall be appointed by the Town Manager for three-year overlapping terms. Voted June 6,2006- 10:57 r.m. Article 37. Petition the General Court—Health Insurance Benefits—Town of North Andover Elected officials. Voted to Petition the General Court to pass a Special Act as follows: "Notwithstanding Massachusetts General Laws Chapter 32B or other laws to the contrary, health insurance benefits for elected officials shall not be provided in the Town of North Andover" YES-282 NO-73 Voted June 5,2006- 10:35 r.m. — 105 — VOTE TO RECONSIDER ARTICLE 37— DENIED—June 5,2006 —11:15 P.M. Article 38. Amend North Andover Zoning Bylaw—Section 4.122(14)(B)(b)-Residence 4 District. Unanimously Voted to amend the Town of North Andover Bylaw, Section 4.122(14)(B)(b)to clarify the ambiguity in the language of the zoning bylaw involving the demolition of residential homes within the Residential 4(R4) and the construction of new multi-family residence,by making the following changes: Amending Section 4.122(14)(B)(b) -by adding the underlined language to read as follows: 4.122.14 Residence 4 District 14.Residential Dwellings A.Dwelling Types a. One Family Dwelling. b. Two family dwellings,by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw. B. Conversions-The conversion of an existing one-family to a two-family dwelling,by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.D of this Bylaw,provided that conversion from a one-family to a two-family dwelling meets the following additional requirements: a. If a conversion involves increasing the size of an existing structure,the expansion area shall not exceed 50%of the original building's gross floor area up to a maximum of 1500 s.f.The size of the second dwelling unit can never exceed 1500 s.f. b. If a conversion involves razing an existing structure,the gross floor area of the new residential structure shall not exceed 150%of the gross floor area of the original building, nor shall the new structure be more than 1,000 square feet of gross floor area larger than the original structure,whichever is less.The size of the second dwelling unit may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more new lots, and the existing structure lies within more than one of the new lots,and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly covered by the existing structure must comply with all the provisions of 4.122.14B of the Bylaw.Newly created lots not formerly covered by the existing structure must meet the requirements of 4.122.14D of the Bylaw. Voted June 6,2006—11:02 P.M. Article 39. Amend North Andover Zoning Bylaw—Section 10.31(1)—Conditions for Approval of Special Permit. To see if the Town will vote to amend Section 10.31(1)to modify existing and to incorporate additional conditions for approval of a special permit by making the following changes. Amending Sections Section 10.31(1)by adding the underlined language to read as follows: 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use, structure or condition; b. Social, economic, or community needs which are served by the proposal; c. The use as developed will not adversely affect the neighborhood character; d. There will be no nuisance or serious hazard to vehicles or pedestrians; e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; — 106 — f. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and intent of this Bylaw. Petition of the Planning Board Article Defeated by Unanimous Vote JUNE 6,2006- 11:03 r.M. Article 40. Amend Zoning Map— Davis Street—Assessors Map 70—Parcel 18 From General Business (GB) to Residential 4 (R4). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone a parcel of land located at Davis Street,with an address of 160 Pleasant Street,North Andover,MA from General Business (GB) to Residence 4(R4). Said parcel of land being a portion of North Andover Assessor's Map 70, Parcel 18 and located on the Southerly side of Davis Street approximately 86.15 feet Easterly of the intersection of Davis Street with Pleasant Street. Said parcel is more particularly bounded and described as follows: NORTHERLY by Davis Street, 86.15 feet; EASTERLY by land now or formerly of Learning Center Associates 96.50 feet; SOUTHERLY by other land of KSJ Realty Trust, 85.16 feet; and WESTERLY by land formerly of Michael J. and Judy M. Pollizzotti, now of Scott Steinberg and Jennifer L. Steinberg, 111.50 feet Containing 8,850 square feet of land,more or less. Meaning and intending to rezone a portion of land owned by Joseph G. Levis,Trustee of KSJ Realty Trust. For further reference see deed dated January 19,2005 and recorded in the North Essex Registry of Deeds, at Book 9310, Page 218. Petition of Joseph G. Levis and others Unanimously Voted TO"REFER BACK TO THE PLANNING BOARD FOR FURTHER STUDY" Voted June 6,2006- 11:05 r.m. Article 41. Amend Zoning Bylaw—Watershed Protection District—Sections 4.136(3)(c)(ii)and(iii). Unanimously Voted to amend the Town of North Andover Zoning Bylaw, Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii)to modify certain uses within the Non-Disturbance Zone of the North Andover Watershed Protection District by inserting language specifying the maximum allowable square footage for the construction of an accessory structure or expansion to the existing primary structure. Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) now reads: Non-Disturbance Buffer Zone c. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty(150) feet and two hundred fifty(250)feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five(75)feet and one hundred fifty(150) feet horizontally from the edge of all wetland resource areas(as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located within the Watershed. — 107 — i. Allowed Uses:All of the Allowed Uses listed in Section 3 (a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. ii. Uses allowed by Special Permit:The following uses shall be allowed within the Non- Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection district Bylaw: (1)Any activities which cause a change in topography or grade. (2)Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3)Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4)Replacement of any permanent structure. (5)Any surface or sub-surface discharge,including but not limited to, stormwater runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. (6)Construction of any accessory structure or expansion of any existing structure by less than twenty five(25)percent of the gross floor area of the existing structure. iii.Prohibited Uses:The following uses are specifically prohibited within the Non-Disturbance Buffer Zone: (1)All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District bylaw are prohibited in the Non-Discharge Zone. (2)Construction of any septic system. (3)Construction of any new permanent structure, or expansion of an existing structure by twenty-five (25)percent or more of the gross floor area of the existing structure. Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) as amended to read(new text underlined): Non-Disturbance Buffer Zone c. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection District which shall consist of all land areas located between one hundred fifty(150)feet and two hundred fifty(250)feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (75) feet and one hundred fifty(150)feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw)located within the Watershed. i. Allowed Uses:All of the Allowed Uses listed in Section 3 (a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. ii. Uses allowed by Special Permit:The following uses shall be allowed within the Non- Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection district Bylaw: (1)Any activities which cause a change in topography or grade. (2)Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3)Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4)Replacement of any permanent structure. (5)Any surface or sub-surface discharge,including but not limited to, stormwater runoff; drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all detention ponds. — 108 — (6)Construction of any accessory structure or expansion of any existing structure by less than twenty five (25)percent of the gross floor area if the existing structure exceeds 2,500 square feet. (7)Construction of any accessory structure or expansion of any existing structure b, less than fifty(50)percent of the gross floor area of the existing primary structure is less than 2,500 square feet and the primary structure will be connected to municipal sewer upon completion of the project. iii.Prohibited Uses:The following uses are specifically prohibited within the Non-Disturbance Buffer Zone: (1)All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District bylaw are prohibited in the Non-Discharge Zone. (2)Construction of any septic system. (3)Construction of any new permanent structure, or expansion of an existing structure except as allowed by Special Permit per Section 3.c.ii. Voted June 6,2006- 11:06 r.m. Article 42. Amend General Bylaws—Chapter 178, Section 9 - Wetlands Protection— Rules and Regulations. Unanimously Voted to amend Chapter 178 Section 9 Rules and Regulations, of the North Andover Wetlands Protection Bylaw to insert the words"procedures governing small projects,"between the words in"...in wetland resource areas,"and"and such other information..."so that Chapter 178 Section 9 Rules and Regulations,would read as follows: Chapter 178 Section 9:The Commission shall be empowered to establish Rules and Regulations to govern its affairs,including but not limited to fees, definitions,use of consultants, security to assure performance,performance standards for work in wetland resource areas,procedures governing small projects, and such other information which it deems necessary to discharge its responsibilities.After due notice and public hearing, the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw,by majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations; or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-law; or to take any other action relative thereto. NOTE:The full text of Chapter 178 is available at the Town Clerk's office and on the Town ofNorth,4ndover Web site at www.townofnortbandover.com. Chapter 178—Wetlands Protection as amended by Article 42 reads as follows: The purpose of this Bylaw is to preserve and protect the wetland resource areas(as specified in Section 178.2) of the Town of North Andover by regulation of, and control of, activities(as specified in Section 178.2) deemed by the North Andover Conservation Commission(the"Commission")to have significant or cumulatively detrimental effect upon the following interests and values, including:public or private water supply;groundwater;the prevention and control of flooding, erosion, sedimentation, storm damage, and/or pollution; protection of fisheries,wildlife,wildlife habitat and recreation. §178.2 Jurisdiction. Except as permitted in writing by the Commission, or as provided in this Bylaw, no person shall engage in the following activities("activities"):removal,filling, dredging, discharging into,building upon, or otherwise altering or degrading the wetland resource areas described in the following sentence.The Town's wetland resource areas consist of: 1) any isolated vegetated wetland, — 109 — 2) any ephemeral pool 3) any vegetated wetland bordering on any creek, river, stream,pond or lake, 4) any bank,beach,marsh,wet meadow,bog, or swamp, 5) any land under any creek,river, stream,pond or lake, 6) any 100-foot buffer zone of wetland areas 1-5 listed above, 7) any land subject to storm flowage, or flooding by groundwater or surface water, 8) and the 200-foot riverfront area. The following waterbodies and contiguous 200-foot zones on either side of the waterbody in North Andover have been identified by the Commission as riverfront areas:Mosquito Brook, Rocky Brook, Boston Brook, Cochichewick Brook,Merrimack River and Shawsheen River(See Figure 1-3—North Andover Riverfront Area Maps). The wetland resource areas listed in 1-8 above are protected in addition to the wetland resource areas protected under the Massachusetts Wetlands Protection Act M.G.L. Chapter 131, Section 40("the Act") and its accompanying regulations 310 CMR 10.00. The Commission shall not grant such permission without receiving written notice of the intention to conduct such activity, and without issuing written permission to do so all in compliance with the provisions of this Bylaw. §178.3 Exemptions. This Bylaw shall not apply to the following activities: 1. Emergency projects as defined in the Commission's regulations(Section II); or 2. Maintenance,repair or replacement,without substantial change or enlargement, of existing and lawfully located structures or facilities used in the service of the public and used-to provide electric,gas,water,telephone, or other telecommunication services to the public; or 3. Normal maintenance of land in agricultural use, as defined in the Commission's regulations (Section II); or 4. Maintenance and repair of existing public ways. §178.4 Applications to perform work and information required. All applications to perform activities in the Town's resource areas shall be either in the form of a Request for Determination or a Notice of Intent, or both. Such applications shall contain data and plans as specified in the Commission's regulations, and shall be submitted in complete written form to the Commission as required by this Bylaw,regulations, and application checklist(Appendix A of Regulations).The date which serves to commence the Commission's deliberation period is the date of receipt of the application at its offices, during regular office hours.The Town Conservation Administrator shall be granted the power to make determinations of completeness for applications submitted to the Commission and reject,within two(2)business days,those applications that do not meet the minimum submittal requirements of this Bylaw,regulations, and application checklist.In order to provide sufficient review time the Commission may continue a public hearing or public meeting if new information is submitted by the applicant, or applicant's agent,less than seven(7)business days before the scheduled public hearing or public meeting. The applicable forms may be obtained from the Commission and must be signed by the applicant or applicant's agent where required.The Commission may require further information by Regulation, guideline, or as otherwise deemed necessary by the Commission.In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission regulations.No such application shall be accepted as complete before all permits,variances, and approvals required by the Bylaws of the Town with respect to the proposed activity, at the time of such Notice,have been applied for or obtained. Such Application shall also include any information submitted in connection with such permits,variances, and approvals that is necessary to describe the effect of the proposed activity on the resource areas. — 110 — §178.5 Hearings. A)Combination with State Law Hearing: The said Commission,in its discretion,may hear any oral presentation under this Bylaw at the same public hearing required to be held under the provisions of chapter 131, section 40, of the Massachusetts General Laws.Notice of the time and place of such hearing(s) shall be given as required below. B)Notice:Notice of the time and place of the hearing shall be given at the applicant's expense, not less than seven(7) calendar days prior to the public hearing,by publication in a newspaper of general circulation in North Andover, and by mailing a copy of such notice to all land owners within 300 feet of the land on which the work is proposed.All publications and notices shall contain the name of the applicant, a description of the area where the activity is proposed by street-address,if any, or other adequate identification of the location of the area or premises which is the subject of the notice,the date,time and place of the public hearing,the subject matter of the hearing, and the nature of the action or relief requested,if any. Public notice requirements for continued public hearings under this Bylaw shall be the same as the notification requirements set forth in 310 CMR 10.05(5)(b)3. B)Proof.The applicant shall have the burden of proving by a preponderance of credible evidence that the activity proposed in the Notice of Intent will not cause adverse impacts to any of the interests and values sought to be protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause adverse impacts shall be sufficient cause for the Commission to deny permission or to grant such permission with such conditions as it deems reasonable, necessary or desirable to carry out the purposes of this Bylaw; or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence,upon such terms and conditions as seem to the Commission to be reasonable. Due consideration shall be given to possible effects of the proposal on all interests and values to be protected under this Bylaw and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. D)Continuances: The Commission may continue a public hearing or public meeting in the following situations: 1. With the consent of the applicant,to an agreed-upon date which shall be announced at the hearing; or 2. Without the consent of the applicant,to a specific date for the reasons stated at the hearing, including but not limited to receipt of additional information from the applicant or others. E)Investigations: The Commission,its agents, officers and employees,may enter upon privately owned land for the purpose of carrying out its duties under this Bylaw and may make or cause to be made such examination or survey as deemed necessary. §178.6 Orders And Decisions. A)All Orders and Decisions: If the Commission determines that the proposed activity does not require the imposition of conditions to preserve and protect the interests of this Bylaw,the applicant shall be so notified in writing. If, after the hearing,the Commission determines that the proposed activity is significant to one or more interests and values of this Bylaw,the Commission may vote to issue written Orders of Conditions within 21 days of the close of the public hearing.The Commission may impose such conditions, safeguards and limitations on time and use upon such activity as it deems necessary to protect those interests. — 111 — The Commission may prohibit such activity altogether,in the event that it finds that the interests and values of this Bylaw can not be preserved and protected by the imposition of such conditions, safeguards or limitations. B) Security to Assure Performance: The Commission may, as a part of its Order of Conditions,require,in addition to any security required by any other Town or State Board, Commission, agency or officer,that the performance and observance of the conditions, safeguards and limitations imposed under this Bylaw on the applicant and owner be secured by one, or both, of the methods described in the following clauses: 1. Deposit: By the deposit of money, sufficient to complete the work as proposed,to secure performance of the conditions and observance of the safeguards of such Order of Conditions. Such security,if filed or deposited, shall be approved as to form and manner of execution by Town Counsel or the Town Treasurer. 2. Land Restrictions(s): By a conservation restriction, easement, or other covenant running with the land, executed and properly recorded(or registered,in the case of registered land). C)Duration of Orders: All Orders of Conditions shall expire three(3)years after the date of issuance.An Order of Conditions may be extended for one year upon the request of the applicant.The request for an extension of an Order of Conditions shall be made to the Commission at least 30 days prior to expiration of the Order of Conditions.The Commission may grant only two(2) extensions for an individual Order of Conditions. No activity governed by an Order of Conditions shall be performed unless and until all permits, approvals and variances required by the Bylaws of the Town shall have been obtained, such Order of Conditions or notification shall have been recorded or registered at the Essex North District Registry of Deeds or in the North Essex District of the Land Court Department, and all applicable appeal periods have expired.The Commission shall have the right to record or register its Order of Conditions with said Registry or Registry District.In the event that an Order of Conditions issued pursuant to this Bylaw is identical to a final Order of Conditions issued pursuant to the provisions of MGL Chapter 131, Section 40, only one such order need be recorded or registered. D)Modifications,Amendments, Revocations: The Commission shall have the power(on its own motion or upon the petition of the applicant, or any person interested)to modify, amend, or revoke an Order of Conditions.In revoking an Order of Conditions the Commission shall officially notify the interested parties through certified mail and hold a public hearing within 21 days of the notification date. In the case of an amendment to an Order of Conditions,the Commission shall have the discretion to decide if a public hearing is warranted.This decision shall be based on the potential impact of proposed work and its effect on the ability of the identified wetland resource areas to provide those interests as defined under the Act and Bylaw.No public hearing is required for a modification to an Order of Conditions.Written notification to the applicant by certified mail is required in all cases where the Commission initiates a modification, amendment or revocation of an Order of Conditions. — 112 — §178.7 Certificates of Compliance. The Commission shall,upon receiving a written request and weather permitting,inspect the resource areas where the activity governed by an Order of Conditions was carried out and issue a Certificate of Compliance(or Partial Certificate of Compliance) to the owner of the property, applicant, or applicant's representative,in a form suitable for recording or registering,if it shall determine that all of the activity or activities, or portions thereof,limited thereby have been completed in accord with said order. §178.8 Responsibility For Compliance. After the recording of a Notice of Violation or Order, any person who purchases,inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any order issued under the Bylaw shall forthwith comply with any such Order or restore such land to its condition prior to any such violation;provided,however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. §178.9 Rules And Regulations. The Commission shall be empowered to establish Rules and Regulations to govern its affairs, including but not limited to fees, definitions,use of consultants, security to assure performance, performance standards for work in wetland resource areas,procedures governing small projects, and such other information which it deems necessary to discharge its responsibilities.After due notice and public hearing,the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw,by a majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations; or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this Bylaw. [Underlined Text Added—June 2006 Annual Town Meeting-Article 42-Approved by Attorney General October 16,2006] §179.10 Enforcement,Investigations&Violations In accord with the provisions of M.G.L. Chapter 40, Sections 21D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it,the Town may enforce the provisions of this Bylaw,restrain violations thereof and seek injunctions and judgments to secure compliance with its Orders of Conditions.Without limiting the generality of the foregoing: A)Any person who violates any provision of this Bylaw or of any condition or a permit issue pursuant to it may be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense;if more than one, each condition violated shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, section 21D, by a Town police officer, other persons having police powers, Conservation Commissioners or the Conservation Administrator. In accordance with Ch.40 S.21D,violators shall, at the discretion of the enforcement authorities,be charged a penalty.The penalties for violations of this Bylaw or regulations promulgated hereunder may be assessed as follows: — 113 — Violation Violation/Day Alteration of any wetland resource area identified in Section 178.2 of this Bylaw: 8 100 Violation of any Order of Conditions: 8 100 Depositing any refuse, debris,yard waste or construction material in a wetland or water body: 8 100 Alteration of any stream or water body: 8 100 Any violation of any section of this Bylaw that occurs in the Lake Cochichewick Watershed: 8 100 B)In the event of a violation of this Bylaw or of any order issued thereunder, the Commission or its agents may issue a stop work order to the owner,the applicant or applicant's agent by certified mail,return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Bylaw;but the failure of the Commission to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Bylaw or promulgated regulations and to secure compliance with its Orders. C)The Town shall be the beneficiary of all fines imposed on account of the violation of this Bylaw or promulgated regulations in order to defray the expense of enforcing the same. D)Upon request of the Commission,the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this Bylaw or promulgated regulations and permits issued pursuant to it. E)Upon recommendation of the Commission,the Board of Selectmen may employ Special Counsel to assist the Commission in carrying out the legal aspects, duties and requirements of this Bylaw and promulgated regulations. §178.11 Consultant Services Account. [Section 178.11 Disapproved by Attorney General October 20, 1998]All remaining provisions were approved. §178.12 Captions and Severability. The captions used herein are for convenience only and are expressly intended to have no legal or binding significance.The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any Order of Conditions or decisions which have previously become final. Voted June 6,2006 - 11:07 r.m. Article 43. Amend General Bylaws Chapter 178—Wetlands Protection. To see if Town Meeting will vote to eliminate or modify and make less restrictive Chapter 178 of the General Bylaws"WETLANDS PROTECTION", (set forth below and commonly referred to as the local wetland bylaw), administered by the Town's Conservation Commission. Petition of Robert Ercolini and others — 114 — Unanimously Voted to"Take No Action" Voted June 6,2006 11;10 p.m. Article 44. Amend General Bylaws—Chapter 170 - Underground Utilities—Section 3 —Subsection C —"Downtown Area"—Add School Street. Unanimously Voted to amend the General Bylaws, Chapter 170—Underground Utilities by modifying Section 3, subsection C to read"Downtown Area:Main Street from Sutton Street to Merrimac Street, including 200 feet from Main Street for the following side streets—Waverly Road, First Street, and Second Street, all of School Street,and on Water Street from Main Street to High Street. Section 3 to read as follows: Section 3. Applicability of Section 2 applies to the following parts of Town: A.Any new public way approved by the Planning Board to the extent it is exclusively situated in an approved residential or non-residential subdivision. B. Any way in which the wires and utility facilities are underground as of the effective date of this bylaw. C.Downtown Area:Main Street from Sutton Street to Merrimac Street,including 200 feet from Main Street on the following side streets;Waverley Road, First Street, and Second Street, all of School Street, and on Water Street from Main Street to High Street. [Added—June 6,2006 Annual Town Meeting-Article 44-Approved by Attorney General October 16,2006] D.Old Common Area: along the former Essex Street from Academy Road to Great Pond Road; along Osgood Street from Bay State Road to the intersection of Andover Street. Along Andover Street from Academy Road to the intersection with Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the east toward Stevens Street. [Added by Article 212001 Annual Town Meeting. Approved by Attorney General September 12,2001][Amended May 10,2004 Annual Town Meeting-Article 34-Approved by Attorney General August 19,2004] E.Those portions of the Lincoln Line that cross or are within the public way of the Lincoln Line from Dale Street substation South East to the corner of Salem and Foster, South West beyond Raleigh Tavern Lane and from the Woodchuck Hill substation to the corner of Salem and Foster Streets. [Section E-Amended by Article 20 November 17,2003 Special Town Meeting.Approved by Attorney General January 22,2004.] Voted June 6,2006— 11:11 p.m. Article 45. Intermunicipal Agreement Between North Andover/Middleton Water and Sewer Tie-ins. Unanimously Voted to authorize,but not require,the Board of Selectmen pursuant to the provisions of Massachusetts General Laws, Chapter 40, Section 4A, to negotiate and approve an Intermunicipal Agreement, for a term not exceeding 25 years,between the Towns of North Andover and Middleton to authorize water and sewer tie-ins for a mixed-use industrial/recreational development on property in North Andover shown on North Andover Assessor's Tax Map 108.A as Lots 6, 7 and 19 and in — 115 — Middleton on Middleton Assessor's Map 9 as Lots 24 and 26 all owned by Nomid Trust,Joseph DiGrazia and Eric DiGrazia,Trustees, located at or near 2350 Turnpike Street and 15 Sharpners Pond Road (Missile Site Road),North Andover; all on such terms as the Selectmen deem to be in the best interest of the Town, and make such other agreements as may be required by the Greater Lawrence Sanitary District before permission is granted for said sewer connection. Petition of Frank Terranova and others Voted June 6,2006 - 11:12 r.m. Article 46. Acquisition and Acceptance of Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey Drive and Wildwood Circle as Public Ways. Unanimously Voted to accept Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey Drive, and Wildwood Circle as public ways and to authorize the Board of Selectmen to acquire by eminent domain, gift,purchase or otherwise any fee, easement or other interest in the following streets and any easements related thereto as shown on the following plans: The land known as Granville Lane, as shown on a plan of land entitled: "Layout Plan of Granville Lane,"dated March 1,2006 drawn by Christiansen&Sergi, 160 Summer Street, Haverhill,MA 01830, and on file in the office of the Town Clerk; The land known as Grosvenor Avenue, as shown on a plan of land entitled:"Layout Plan of Grosvenor Avenue,"dated March 1,2006, drawn by Christiansen&Sergi, 160 Summer Street, Haverhill,MA 01830, and on file in the office of the Town Clerk; The land known as Inglewood Street, as shown on a plan of land entitled:"Layout Plan of Inglewood Street,"dated March 1,2006, drawn by Christiansen&Sergi, 160 Summer Street, Haverhill,MA 01830, and on file in the office of the Town Clerk; The land known as Surrey Drive, as shown on a plan of land entitled:"Layout Plan of Surrey Drive," dated March 1,2006, drawn by Christiansen&Sergi, 160 Summer Street, Haverhill,MA 01830, and on file in the office of the Town Clerk; The land known as Wildwood Circle, as shown on a plan of land entitled:"Layout Plan of Wildwood Circle,"dated March 1,2006, drawn by Christiansen&Sergi, 160 Summer Street, Haverhill,MA 01830, and on file in the office of the Town Clerk; and to award no damages for said taking or payment for said acquisition. Petition of the Board of Selectmen Voted June 6,2006 - 11:14 r.m. Article 47. Roadway Acceptances—Willow Street,Willow Street (South) Extension, Bayfield Drive and Flagship Drive. Unanimously Voted TO"Take No Action"to accept the following roadways as public ways:Willow Street,Willow Street(South) Extension, Bayfield Drive and Flagship Drive, all shown on a Street Layout Plan entitled"Street Layout Plan of Willow Street(South) Extension and Bayfield Drive`North Andover Business Park'";prepared for Bayfield Development Company,Inc.355 Middlesex Avenue,Wilmington MA 01887;prepared by the Neve-Morin Group, Inc.,447 Old Boston Road,Topsfield,MA 01983; scale 1"—40', dated December 21,2004 on file with the North Andover Department of Public Works. Petition of Domenic Scalise and others Voted June 6,2006 - 11:15 r.m. — 116 — Article 48. Roadway Acceptance—Chatham Circle and Nantucket Drive. Unanimously Voted TO"Take No Action"to accept and name as public ways Chatham Circle and Nantucket Drive as shown on a plan of land entitled"Definitive Subdivision Plan Chatham Crossing, North Andover,Massachusetts"prepared by Andover Consultants,Inc. dated January 31,2000,revised May 1,2000 and June 14,2000 and recorded with Essex North District Registry of Deeds as Plan No. 13801. Petition of Donna M. Adam and others Voted June 6,2006 - 11:16 r.m. Article 49. Roadway Acceptance—Glenore Circle. Unanimously Voted to accept as a public way Glenore Circle as shown on a plan entitle"Street Layout Plan, Located in North Andover,MA,prepared for Berrington Place, Glenore Circle, Scale 1"= 40', Date,March 2005, Christiansen&Sergi",which is on file with the Town Clerk of North Andover. Petition of Barbara D. Caruso and others Voted June 6,2006 - 11:16 r.m. Article 50. Roadway Acceptance— Berrington Place. Unanimously Voted to accept as a public way Berrington Place as shown on a plan entitle"Street Layout Plan, Located in North Andover,MA,prepared for Berrington Place, Glenore Circle, Scale 1"= 40', Date,March 2005, Christiansen&Sergi",which is on file with the Town Clerk of North Andover. Petition of Barbara D. Caruso and others Voted June 6,2006 - 11:16 r.m. On motion of Rosemary Connelly Smedile, duly seconded,the 2006 Annual Town Meeting for the Town of North Andover dissolved by unanimous vote at 11:17 p.m.. Respectfully submitted, Joyce A. Bradshaw, CMMC,Town Clerk — 117 — Special Town Meeting Minutes July 10, 2006 Agreeable to a warrant signed by the Board of Selectmen,the inhabitants of the Town of North Andover who are qual- ified to vote in Town affairs met at the North Andover High School Field House then and there to act on the following Articles: This meeting was called by Citizen Petition delivered to the Board of Selectmen on June 5,2006.The Board of Se- lectmen,in accordance with Massachusetts General Law and all applicable Town regulations called this meeting to be held on July 10,2006.The warrant was duly posted and the Constable's Return of Service recorded and posted. Moderator Charles A,Salisbury called the meeting to order at 6:55aM..The Moderator explained that because of the overwhelming attendance voters would be accommodated in the Field House,the Auditorium,and overflow into the Cafeteria.The meeting would allow sufficient time to have arriving voters be able to enter and participate. Voters were checked in alphabetically with 3,029 voters checked in.Two hundred non-voters were registered and identified.This Open Town Meeting had the largest number of voters in attendance in the history of the Commonwealth. A motion was made by Chairman Thomas Licciardello and duly seconded by Selectman Rosemary Connelly Sm- edile that the meeting dispense with the reading of the warrant and with the reading of the Constable's return of service of that warrant;and further moved that the Moderator not be required to read articles of the warrant verbatim,but be al- lowed to refer to articles by number and subject matter.The motion was unanimously approved. Moderator Salisbury explained to the audience that printed cards were distributed to voters and would be used for voting purposes.Assistant Moderator James Lafond was appointed by the meeting and presided in the Auditorium.As- sistant Town Clerk Janet L.Eaton recorded events in that venue. Vote Counters were duly sworn to conduct any hand count votes with two counters in each section.The Director of Emergency Management,Jeffrey Coco,and his staff assisted the moderator and the Meeting with communications and invaluable logistical assistance.The extraordinary ef- forts of the North Andover Police Department,North Andover Fire Department,the Board of Registrars and Election Officials,North Andover High School Staff,and the cooperation of the voters and attendees were recognized by the Moderator. Article 1. Amend Bylaws- Chapter 115, Garbage, Rubbish and Refuse. To see if the Town will vote to delete in its entirety Chapter 115, Garbage, Rubbish and Refuse of the Code of North Andover and replace it with the following: The Board of Selectmen is authorized to establish rules and regulations concerning solid waste collection and disposal within the boundaries of North Andover.The rules and regulations, at a minimum, shall provide for the following: 1) Compliance with all state laws and regulations governing the collection and disposal of solid waste. 2) Compliance with all Board of Health regulations governing the collection and disposal of solid waste.The Board of Health and the Board of Selectmen shall work cooperatively so that each Board's rules and regulations complement each other and provide for a consistent method of solid waste collection and disposal. 3) That the cost,both direct and indirect, of the collection and disposal of solid waste shall be paid entirely by user fees,grants or sources other than general taxation.The Board of Selectmen is authorized to set and amend fees for solid waste collection and disposal,including provisions for elderly or needs based discounts, consistent with this bylaw. 4) Collection of solid waste shall be done at a minimum once a week and recyclable materials at least once every two weeks.A monetary incentive to recycle solid waste materials through a user fee system that is graduated so that the more solid waste that is disposed,the higher the user fee. — 118 — 5) Collection of solid waste and recyclables at each single detached single-family residence and each multiple residence dwelling that contains fewer than nine units, although the Board of Selectmen,through its rules and regulations,may provide for solid waste collection and disposal services to be provided to other dwellings and buildings, consistent with this bylaw. 6) The implementation of an effective recycling program at municipal and school buildings. 7) An annual report that provides detailed revenue and expense reports and amounts of solid waste and recyclables collected. 8) An enforcement program to prevent illegal disposal of solid waste and ensure compliance with rules and regulations.Violations of regulations shall be punished fines to be established by the Board of Selectmen and which may be enforced by non-criminal disposition procedures in accordance with Mass. Gen. Laws. Chapter 40, Section 21D.The enforcement agents shall be the Police Department and the Board of Health or their designee. Prior to adopting or amending rules and regulations,the Board of Selectmen shall conduct a public hearing with notice provided in a newspaper of general circulation at least seven days prior to the hearing. Said notice shall provide a summary of the proposed changes. This bylaw will only take effect(1) after approval by the Attorney General and(2) after the defeat of a Town wide referendum for a Proposition 2 1/2 override for funding the operating budget of the Town and public schools for the fiscal year beginning July 1,2006. Petition of the Board of Selectmen Article 1 was voted as follows: Voted to adopt Article 1 was printed in the warrant and in the Handout for the July 10,2006 Meeting with the following amendments: • In the second paragraph,first sentence,insert the phrase"effective July 1,2006"between the words"rules and regulations"and"concerning solid waste collection" • Insert in Section 8, second sentence,the word"by'between the words"punished"and"fines". • Insert the following paragraph above the last paragraph:"this bylaw, and any regulations issued there under, are not intended to, and shall not be construed to, alter any obligations imposed upon Thomson Brothers Industries,Inc.pursuant to a site assignment decision issued by the North Andover Board of Health on June 22,2006 and/or pursuant to an agreement with the North Andover Board of Selectmen dated October 20,2003. Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Unfavorable Action VOTE: YES - 1151 NO - 1633 9:14 P.m. Motion to Reconsider Article 1 at 9:15 P.m.— Denied. Article 2. Establish A Solid Waste Services Enterprise Fund. Voted to"Take No Action"to accept the provisions of Chapter 44, Section 53F1/z of the Massachusetts General Laws to establish a`self-sufficient' Solid Waste Services Enterprise Fund to support a"Pay As You Throw"(PAYT) service effective as soon as possible. Petition of Peter Reed and others Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action — 119 — Article 3. Solid Waste Services Enterprise Fund Appropriation. Unanimously Voted to"Take No Action"that the town appropriate the amount of$1,734,684, in aggregate,to the solid waste services enterprise fund for FY07 beginning on July 1,2006,without regards to individual line items, and to operate the solid waste services enterprise fund,that$1,734,684 be raised from solid waste receipts and from these receipts $203,000 be transferred to the general fund for indirect expenses. Petition of Peter Reed and others Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action Article 4. Authorization To Place A Lien On Real Property For Non Payment Of Trash Collection Fees. Unanimously Voted to"Take No Action"to allow the Treasurer/Collector to impose a lien on real property located within the Town of North Andover for non payment of trash collection and disposal user fees, said lien shall be know as the"municipal charges lien"pursuant to M.G.L. Chapter 40, Section 58. Petition of the Board of Selectmen Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action Article 5. Amend General Bylaws To Allow and Require that Solid Waste Services Be Self-Supporting. Unanimously Voted to"Take No Action"to amend the General Bylaws to allow Solid Waste Services to be provided by the Town only as a self-sufficient"Pay As You Throw"-type system, and require that related service charges be adequate to fully cover all direct and indirect costs. Petition of Peter Reed and others Article 6. Insert"or Solid Waste Services Enterprise"into General Bylaws Chapter 115 Section 1. Unanimously Voted to"Take No Action"to amend General Bylaws Chapter 115 section 1 by inserting the text"or the Solid Waste Services Enterprise"into the first portion of the first sentence such that it would then read"The Division of Public Works or the Solid Waste Services Enterprise shall each week collect the refuse and trash of: ...". Petition of Peter Reed and others Article 7. Amend Fiscal Year 2007 General Fund Appropriation. VOTED to amend the General Fund Appropriation for Fiscal Year 2007 as voted under Article 18 of the 2006 Annual Town Meeting as follows: VOTED to amend the General Fund Appropriation For Fiscal Year 2007 as voted under Article 18 of the May 8,2006 Annual Town Meeting By: • Decreasing General Government by 8 49,299 for a revised total of$2,330,737 • Decreasing Public Safety by$ 7,172 for a revised total of$8,254,909; • Decreasing School Department by 8 1,295,158 for a revised total of 8 31,821,272; • Decreasing"All Other Public Works"by$25,777 for a revised total of$3,234,338; — 120 — • Decreasing"Health and Human Services"by$55,176 for a revised total of 8 696.646; • Decreasing Culture and Recreation by 8 26,773 for a revised total of$718,934; FOR A TOTAL NET CHANGE OF 81,459,355. Petition of the Board of Selectmen Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action VOTE: YES-533 NO-434 Article 8. Stabilization Fund(s). To see if the Town will vote to establish any new Stabilization Fund(s) or vote appropriations into or out of any existing Stabilization Fund(s); or to take any other action relative thereto. NO CONSIDERATION OF ARTICLE 8 TAKEN BECAUSE OF"UNFAVORABLE RECOMMENDATION OF THE FINANCE COMMITTEE. Petition of the Board of Selectmen Finance Committee Recommendation: Unfavorable Action Board of Selectmen Recommendation: Unfavorable Action Article 9. Amend 'Solid Waste/Recycling' Portion of FY2007"All Other Public Works" General Fund Appropriation. Unanimously Voted to"Take No Action"to amend the"Solid Waste/Recycling"portion of the FY2007"All Other Public Works"General Fund Appropriation. Petition of Peter Reed and others Finance Committee Recommendation: Unfavorable Action Board of Selectmen Recommendation: Unfavorable Action Article 10. Accept Massachusetts General Laws Chapter 40 Section 22f Regarding Setting Fees. Voted by Majority Vote to"Take No Action"to accept the Massachusetts General Laws Chapter 40 Section 22f that allows the general setting of fees. Petition of Peter Reed and others Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Unfavorable Action — 121 — Article 11. Authorization for the Utilization of MGL Chapter 44 Section 28c subparagraph (f). Unanimously Voted to"Take No Action"to authorize the use of MGL Chapter 44 Section 28c subparagraph(f)to"fix,revise, charge and collect fees and other charges for any facilities or services provided by such city or town as relate to the collection or disposal of solid waste". Petition of Peter Reed and others Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Unfavorable Action Article 12. Organization of Town Bylaw,Chapter 59,Town Meetings. Unanimously Voted to reorganize some section numbers and section titles within Chapter 59 of the Code of the Town of North Andover(Town Meetings),without any change of existing text within the bylaw. The following changes are to correct transcription errors and numbering ambiguities in previously adopted bylaws: 1. Change title of Section 59-5,from "Reconsideration of Articles",to"Information required for consideration of articles",which was the title used when the bylaw was adopted under Article 44 of the 1988 Annual Town Meeting. 2. Establish that Section 59-6 is titled"Annual Town Meeting", as first adopted under Article 17 of the 1994 Annual Town Meeting, and contains the following two paragraphs, as voted under Article 35 of the 2000 Annual Town Meeting: "Annual Town Meeting shall be held on the first Monday in May at 7:00 P.M. In accordance with MGL Chapter 39, Section 9,which permits the Board of Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be held on any weekday evening Monday through Thursday at 7:00 P.m.until all articles in the warrant have been acted upon." 3. Establish that newly-numbered Section 59-7 is titled"Votes to be Declared by the Moderator", and contains the following text,mistakenly voted to be Section 59-6,under Article 37 of the 1997 Annual Town Meeting: "The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required." Petition of the Town Clerk Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action — 122 — Article 13. Amend Zoning Map—16 Berry Street from Village Residential (VR) to Residence 3 (R3). Unanimously Voted to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw to rezone the property located at 16 Berry Street from the current zoning designation of Village Residential(VR)to the proposed designation of Residence 3 (R3). The property consists of approximately 28 acres of land.A description of the property can be found on Maps 106D and 107B, Parcel 33 of the Town of North Andover Assessor's Map.The property is further described in Book 1524, Page 103 at the Essex County Registry of Deeds; or to take any other action relative thereto. Petition of Margaret Fiore and others Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 14. Amend North Andover Zoning Bylaw—New Zoning District- Section 17.0 Osgood Smart Growth Overlay District(Osgod). Unanimously Voted to"Refer Back to the Planning Board for Further Study" to amend the North Andover Zoning Bylaw by adding a new section, Section 17.0 OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD); And in connection therewith to amend the North Andover Zoning Bylaw Section 3.1"Establishment of Districts"by adding the name OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD). Petition of the Board of Selectmen Article 15. Rezone A Portion Of Land Identified As 1600 Osgood Street—Osgood Smart Growth Overlay District(Osgod). Unanimously Voted to"Refer Back to the Planning Board for Further Study" to amend the Zoning Map of the Town of North Andover,pursuant to Section 3.2 of the Zoning Bylaw,to add to the underlying zoning as an overlay,the OSGOOD SMART GROWTH OVERLAY DISTRICT (OSGOD) shown as Proposed Lot`A'on plan of land entitled"Assessors Map 34—Lot 17, 1600 Osgood Street,North Andover,MA,prepared for 1600 Osgood Street, LLC and prepared by MHF Design Consultants,Inc., dated May 5,2006". Petition of the Board of Selectmen — 123 — Article 16. Granting of Easement and Lease or Sublease of Telecommunications Tower with OmniPoint Holdings, Inc.—Stevens Estate. Unanimously Voted to authorize the Board of Selectmen to grant an Easement and enter into an agreement with OmniPoint Holdings,Inc. regarding a proposed lease or sublease of the telecommunications tower at Stevens Estate on terms and conditions that the Board of Selectmen determine would be in the best interest of the Town,including,but not limited to, an agreement in excess of 3 years. Petition of the Board of Selectmen Finance Committee Recommendation: Favorable Action Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action On Motion of Rosemary Connelly Smedile,duly seconded by Keith A.Mitchell,the Special Town Meeting for the Town of North Andover held July 10,2006 dissolved by Unanimous Vote at 11:18 aM. Respectfully submitted, Joyce A.Bradshaw,CMMC,Town Clerk — 124 — Financial Reports Town of North Andover Executive Summary Revenue Status June 30, 2006 ANNUAL YEAR TO DATE YEAR TO DATE % BUDGET COLLECTED UNCOLLECTED COLLECTED Property Taxes 48,400,403 48,552,280 (151,878) 100.31% Local Receipts 8,074,556 10,509,020 (2,434,464) 130.15% Cherry Sheet 8,684,465 8,684,898 (433) 100.01% Miscellaneous Revenue 1,300,000 1,707,895 (407,895) 0.00% Transfers/Other Sources 799,728 799,728 0 100.00% Total General Fund 67,259,152 70,253,820 (2,994,669) 104.45% — 125 — Town of North Andover Revenues Status June 30, 2006 ANNUAL YEAR TO DATE YEAR TO DATE % BUDGET COLLECTED UNCOLLECTED COLLECTED Property Taxes Personal Property Tax 1,091,294 1,074,149 17,145 98.43% Real Estate Tax 47,309,109 47,084,360 224,748 99.53% Roll Back Tax - - 0 Tax Title - 393,770 (393,770) sub-total Taxes 48,400,403 48,552,280 (151,878) 100.31% Local Receipts Motor Vehicle Excise Motor Vehicle Excise 3,880,000 4,010,270 (130,270) 103.36% sub-total Motor Vehicle 3,880,000 4,010,270 (130,270) 103.36% Other Excise Hotel Room Tax - 0 0 Forest Products Tax - 0 0 Farm Animal Excise - 0 0 Jet Fuel 12,000 17,095 (5,095) 142.46% sub-total Other Excise 12,000 17,095 (5,095) 142.46% Penalties& Interest Penalty/Int. on Prop. Tax 105,000 108,068 (3,068) 102.92% Penalty/Int. on Motor Vehicle Excise - 45,662 (45,662) Penalty/Int. on Tax Title 100,000 228,356 (128,356) 228.36% Over/Under - 40 (40) Lien Certificates 45,000 27,494 17,506 61.01% Treasurer Demand Fee 1,200 775 425 64.58% sub-total Penalties& Interest 251,200 410,394 (159,194) 163.37% Payment in Lieu Payment in Lieu of Taxes 291900 26,500 3,400 88.63% sub-total Payments in Lieu 29,900 26,500 3,400 88.63% — 126 — ANNUAL YEAR TO DATE YEAR TO DATE % BUDGET COLLECTED UNCOLLECTED COLLECTED Refuse Wheelabrator Annual Payment 125,000 125,000 0 100.00% Wheelabrator Host Community Fee 1,270,000 1,250,004 19,996 98.43% sub-total Refuse 1,395,000 1,375,004 19,996 98.57% Other Charges Ambulance Service 635,000 770,526 (135,526) 121.34% sub-total Other Charges 635,000 770,526 (135,526) 121.34% Fees Clerk Application Fees - 1,100 (1,100) Dog Fees 30,000 30,350 (350) 101.17% Town Clerk Fees 27,000 29,763 (2,763) 110.23% Cable Fees 2,600 3,794 (1,194) 145.92% Clerk Violation Fees - 3,500 (3,500) Passports 12,000 20,250 (8,250) 168.75% Conservation Fees 1,500 829 671 55.25% Planning Board Filing Fees 20,000 14,447 5,553 72.24% Police Fees 3,000 3,902 (902) 130.05% Building Inspection Fees 625,000 1,078,893 (453,893) 172.62% Plumbing Inspection Fees 57,000 158,451 (101,451) 277.98% Electrical Inspection Fees 91,000 138,500 (47,500) 152.20% Weights & Measures 4,000 1,565 2,435 39.13% Recycling Fees 40,000 48,424 (8,424) 121.06% Health Department Fees 58,000 46,166 11,834 79.60% sub-total Fees 971,100 1,579,933 (608,833) 162.70% School Revenue School Department Rentals - - 0 Medicare Reimbursement 70,000 160,902 (90,902) 229.86% School Dept. Miscellaneous - 0 0 sub-total School Revenue 70,000 160,902 (90,902) 229.86% Library Revenue Library Fines 9,000 10,297 (1,297) 114.41% sub-total Revenue 9,000 10,297 (1,297) 114.41% - 127 - ANNUAL YEAR TO DATE YEAR TO DATE % BUDGET COLLECTED UNCOLLECTED COLLECTED Recreation Bathing Beach Receipts 27,000 26,000 1,000 96.30% sub-total Recreation 27,000 26,000 1,000 96.30% Other Receipts Rental Income -Thrify Shop, Crdt Union 5,400 5,820 (420) 107.78% Misc Town Clerk - 780 (780) Misc. Dept. Revenue 100 372 (272) 371.69% Assessor Dept. Revenue 21500 2,742 (242) 109.68% Treasures Misc Revenue - 1,408 (1,408) Appeals Board Receipts 33,000 34,678 (1,678) 105.08% Police 10%Admin. Fee 311000 75,758 (44,758) 244.38% Police Misc. Revenue 500 1,496 (996) 299.20% Fire Misc Revenue 500 - 500 0.00% Fire Alarm Box Permit Fees 20,000 25,325 (5,325) 126.63% Cell Tower Lease 69,356 59,074 10,282 85.18% Civil Defense 2,000 - 2,000 0.00% Veterans Benefits Receipts 13,500 10,486 3,014 77.67% sub-total Other Receipts 177,856 217,939 (40,083) 122.54% Licenses/ Permits Liquor License 75,000 81,600 (6,600) 108.80% Other Alcohol License 4,000 4,840 (840) 121.00% Food License 2,000 2,250 (250) 112.50% Miscellaneous Licenses 8,000 8,225 (225) 102.81% License to Carry Firearms 3,500 4,550 (1,050) 130.00% Fire Permits 40,000 46,714 (6,714) 116.79% Gas Permits 14,000 31,014 (17,014) 221.53% Fishing & Boating License 2,000 2,640 (640) 132.00% Health Permits 11,000 9,420 1,580 85.64% sub-total Licenses/Permits 159,500 191,253 (31,753) 119.91% Fines/Forfets Parking Fines 10,000 13,616 (3,616) 136.16% Court Fines 92,000 101,277 (9,277) 110.08% False Alarm Fine 5,000 6,100 (1,100) 122.00% sub-total Fines& Forfets 107,000 120,993 (13,993) 113.08% - 128 - ANNUAL YEAR TO DATE YEAR TO DATE % BUDGET COLLECTED UNCOLLECTED COLLECTED Investment Income Interest- General 350,000 785,996 (435,996) 224.57% sub-total Investment Income 350,000 785,996 (435,996) 224.57% Misc. Non-Recurring Misc- Non Recurring - 29,013 (29,013) Misc- Non Recurring - SBA interest reimbursement - 776,905 (776,905) sub-total Misc Non - Recurring 0 805,918 (805,918) sub-total Local Receipts 8,074,556 10,509,020 (2,434,464) 130.15% Cherry Sheet Exemption:Vets,Blind & Surviving Spouses 35,819 60,353 (24,534) 168.49% Exemptions: Elderly 35,642 25,602 10,040 71.83% Police Career Incentive 157,071 152,996 4,075 97.41% One Time Municipal Relief Aid - - 0 Veterans Benefits 36,233 31,490 4,743 86.91% Additional Assistance 120,549 120,549 0 100.00% Lottery: Beanio & Charity Games 1,924,251 1,924,251 0 100.00% State Owned Land 288,055 295,774 (7,719) 102.68% Extended Polling Hours - - 0 Charter School Capital Facility Reimbursement 3,632 3,104 528 85.46% Chapter 70 4,129,740 4,129,740 0 100.00% Charter Tuition Assessment Reimbursement 28,757 16,323 12,434 56.76% School Construction 1,924,716 1,924,716 0 100.00% sub-total State Aid 8,684,465 8,684,898 (433) 100.01% — 129 — ANNUAL YEAR TO DATE YEAR TO DATE % BUDGET COLLECTED UNCOLLECTED COLLECTED Miscellaneous Revenue NESWC Dissolution 900,000 1,646,312 (746,312) 182.92% Free Cash - - 0 Bond Premium 400,000 61,582 338,418 15.40% 0 sub-total Misc. revenue 1,300,000 1,707,895 (407,895) 131.38% Transfers/Other Sources Transfer from Stabilization Fund - - 0 Transfer from Special Revenue - - 0 Transfer from Free Cash - - 0 Transfer from Trash Fee Stabilization - - 0 Transfers from Sewer 235,261 235,261 0 100.00% Transfers from Water Enterprise 499,467 499,467 0 100.00% Transfers from Stevens Est. Enterprise 65,000 65,000 0 100.00% Transfer from Spec. Revenue - - 0 Surplus Overlay - - 0 sub-total other sources 799,728 799,728 0 100.00% TOTAL GENERAL 67,259,152 70,253,820 (2,994,669) 104.45% — 130 — Town of North Andover Executive Summary Budget Status June 30, 2006 YEAR TO DATE ADJUSTED EXPENDED and CURRENT % BUDGET ENCUMBERED BALANCE SPENT General Town Moderator 200 200 0 100.00% Manager 244,574 241,703 2,871 98.83% Ass't Town Manager/HR 94,423 88,650 5,773 93.89% Finance &Administration 96,276 95,524 751 99.22% Town Accountant 148,651 148,079 572 99.62% Finance Committee 500 0 500 0.00% Treasure/Collector 271,817 244,896 26,921 90.01% Outside Auditing 47,650 47,650 0 100.00% Assessing 297,191 296,732 459 99.85% Legal 210,000 210,000 0 100.00% Municipal Information Syst. 232,314 229,287 3,027 98.70% Town Clerk 250,030 250,030 0 100.00% Community Development 247,145 247,125 20 99.99% Planning Board 81,000 80,968 32 99.96% Conservation Commission 82,547 82,403 144 99.83% Board of Appeals 32,960 32,960 1 100.00% Municipal Salary Reserve 0 0 0 2,337,278 2,296,206 41,072 98.24% Public Safety Police 3,747,427 3,673,355 74,072 98.02% Fire 4,051,700 4,047,659 4,041 99.90% Inspection Services 187,361 187,294 67 99.96% Emergency Mgmt. 16,027 15,905 122 99.24% 8,002,514 7,924,213 78,301 99.02% Education School Department 31,272,201 31,272,201 0 100.00% Regional Schools 150,561 150,561 0 100.00% School Building Comm. 13,000 13,000 0 100.00% 31,435,762 31,435,762 0 100.00% — 131 — YEAR TO DATE ADJUSTED EXPENDED and CURRENT % BUDGET ENCUMBERED BALANCE SPENT Public Works Administration 268,497 267,439 1,058 99.61% Street &Sidewalks 624,626 608,643 15,982 97.44% Solid Waste(Trash) Collections 573,698 569,395 4,303 99.25% Solid Waste(Trash) Disposal 8141998 614,577 200,422 75.41% Neswic Tip Fee Mitigation Fund Use (194,000) 0 (194,000) -0.00% Recycling & Hazardous Waste 38,906 35,695 3,212 91.75% Structures & Grounds 448,421 444,287 4,133 99.08% Fleet Management 254,101 253,244 857 99.66% Snow & Ice 788,256 788,256 0 100.00% 3,617,502 3,581,535 35,967 99.01% Health & Human Services Health Division 182,977 182,800 177 99.90% Youth Services 188,735 188,735 0 100.00% Veterans Services 162,951 157,217 5,734 96.48% Elder Services 183,199 182,962 238 99.87% 717,862 711,713 6,149 99.14% Culture & Recreation Recreation 12,346 12,346 0 100.00% Historical Commission 500 424 77 84.71% Festivals Committee 0 0 0 Stevens Library 702,091 697,120 4,972 99.29% 714,938 709,890 5,048 99.29% Debt Service Excluded- Principal - Long Term 3,210,000 3,210,000 0 100.00% Excluded- Interest- Long Term 1,781,230 1,721,803 59,427 96.66% Excluded- Interest-Short Term 1,182,750 1,306,212 (123,462) 110.44% Included- Principal - Long Term 2,603,572 2,574,929 28,643 98.90% Included- Interest- Long Term 766,800 731,230 35,571 95.36% Included- Interest-Short Term 77,460 77,460 0 9,621,812 9,621,634 178 100.00% - 132 - YEAR TO DATE ADJUSTED EXPENDED and CURRENT % BUDGET ENCUMBERED BALANCE SPENT Employee Benefits Unemployment 52,892 52,892 0 100.00% Group Insurance 6,206,801 6,206,801 0 100.00% Payroll Taxes 444,344 444,344 0 100.00% Workers Comp 159,566 159,566 0 100.00% Police & Fire Accident Insurance 4,800 4,800 0 100.00% Retirement Assessment 2,093,553 2,093,553 0 100.00% 8,961,955 8,961,955 0 100.00% Liability Insurance 335,345 335,345 0 100.00% 335,345 335,345 0 100.00% Capital & Reserves Finance Committee Reserve 20,000 0 20,000 0.00% Stablization Fund 787,811 787,811 0 Articles 100,000 100,000 0 Deficits 0 0 0 907,811 887,811 20,000 97.80% State Charges Retired Teachers Health Ins 1,266,840 1,266,840 0 100.00% Mosquito Control 0 0 0 Air Pollution Districts 7,908 7,908 0 100.00% RMV - Non Renewal Surcharge 10,940 16,240 (5,300) 148.45% Regional Transit 165,514 175,538 (10,024) 106.06% Spec. E.d 0 0 0 Charter School Assessment 52,083 36,152 15,931 69.41% School Choice 10,685 5,898 4,787 Essex County Agric Assessement 87,748 87,748 0 100.00% 1,601,718 1,596,324 5,394 99.66% Total General Fund 68,254,497 68,062,389 192,109 99.72% - 133 - Town of North Andover Budget Status June 30, 2006 ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT FUNCTION: GENERAL ORGANIZATION: LEGISTATIVE MODERATOR SALARIES 150 50 200 — 200 0 100.00% 100.00% EXPENSES 0 0 0 0 SUB—TOTAL: LEGISLATIVE 150 50 200 0 200 0 100.00% 100.00% ORGANIZATION: EXECUTIVE Uj MANAGER SALARIES 196,953 884 197,837 — 197,837 0 100.00% 100.00% EXPENSES 46,737 0 46,737 815 43,051 2,871 93.86% 92.11% ASS'T TOWN MANAGER/HR SALARIES 81,263 868 82,131 — 82,131 0 100.00% 100.00% EXPENSES 12,667 (375) 12,292 — 6,519 5,773 53.03% 53.03% SUB—TOTAL: EXECUTIVE 337,620 1,377 338,997 815 329,538 8,645 97.45% 97.21% ORGANIZATION: FINANCIAL FINANCE&ADMIN SALARIES 88,797 4,379 93,176 — 93,176 0 100.00% 100.00% EXPENSES 3,100 0 3,100 — 2,349 751 0.00% 75.77% ACCOUNTANT SALARIES 142,095 (9,670) 132,425 — 132,425 0 100.00% 100.00% EXPENSES 16,302 (76) 16,226 5 15,649 572 96.47% 96.44% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT FINANCE COMM SALARIES 0 0 0 — 0 0 EXPENSES 500 0 500 0 500 0.00% 0.00% ASSESSORS SALARIES 185,853 (14,337) 171,516 — 171,516 0 100.00% 100.00% EXPENSES 125,675 0 125,675 42,916 82,300 459 99.63% 65.49% TRES/COLL SALARIES 131,252 18,070 149,322 — 149,322 0 100.00% 100.00% EXPENSES 122,495 0 122,495 4,228 91,346 26,921 78.02% 74.57% OUTSIDE AUDIT. SALARIES 0 0 0 — 0 0 EXPENSES 46,000 1,650 47,650 47,650 0 100.00% 100.00% SUB—TOTAL: FINANCIAL 862,069 16 862,085 47,149 785,732 29,204 96.61% 91.14% w cn ORGANIZATION: OPERATIONS LAW SALARIES 0 0 0 — 0 0 EXPENSES 210,000 0 210,000 29,440 180,560 0 100.00% 85.98% MIS SALARIES 84,216 (104) 84,112 — 84,112 0 100.00% 100.00% EXPENSES 138,202 10,000 148,202 6,155 139,020 3,027 97.96% 93.80% SUB TOTAL: OPERATIONS 432,418 9,896 442,314 35,595 403,692 3,027 99.32% 91.27% ORGANIZATION: LICENSING & REGISTRATION TOWN CLERK SALARIES 156,769 (725) 156,044 — 156,044 0 100.00% 100.00% EXPENSES 104,575 (10,590) 93,985 7,873 86,112 0 100.00% 91.62% SUB—TOTAL: LICENSING & REGISTRATION 261,344 (11,315) 250,030 7,873 242,157 0 100.00% 0.00% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT ORGANIZATION: LAND USE COMMUNITY DEVELOPMENT SALARIES 114,172 (883) 113,289 - 113,289 0 100.00% 100.00% EXPENSES 106,715 27,141 133,856 - 133,836 20 99.99% 99.99% PLANNING BOARD SALARIES 83,748 (5,573) 78,175 - 78,175 0 100.00% 100.00% EXPENSES 7,895 (5,071) 2,824 - 2,793 32 98.88% 98.88% BOARD OF APPEALS SALARIES 31,651 (106) 31,545 - 31,545 0 100.00% 100.00% EXPENSES 1,415 0 1,415 - 1,414 1 99.96% 99.96% CONSERVATION COMM SALARIES 79,247 (1,001) 78,246 - 78,246 0 100.00% 100.00% w ON EXPENSES 7,397 (3,096) 4,301 40 4,117 144 96.65% 95.72% I SUB-TOTAL: LAND USE 432,240 11,412 443,652 40 443,416 196 99.96% 99.95% SUB-TOTAL FUNCTION: GENERAL 2,325,841 11,437 2,337,278 91,472 2,204,734 41,072 98.24% 94.33% FUNCTION:PUBLIC SAFETY ORGANIZATION: POLICE POLICE SALARIES 3,334,018 21,267 3,355,285 - 3,281,283 74,003 97.79% 97.79% EXPENSES 370,173 211969 392,142 5,978 386,095 69 99.98% 98.46% SUB TOTAL: POLICE 3,704,191 43,236 3,747,427 5,978 3,667,378 74,072 98.02% 1.98% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT ORGANIZATION: FIRE FIRE SALARIES 3,611,482 28,371 3,639,853 - 3,639,853 0 100.00% 100.00% EXPENSES 403,543 8,303 411,846 4,579 403,226 4,041 99.02% 97.91% SUB-TOTAL: FIRE 4,015,025 36,675 4,051,700 4,579 4,043,080 4,041 99.90% 99.79% ORGANIZATION: PROTECTIVE INSPECTION INSPECTION SALARIES 213,453 (41,443) 172,010 - 172,010 0 100.00% 100.00% EXPENSES 15,688 (338) 15,351 83 15,201 67 99.57% 99.03% WEIGHTS & MEASURES SALARIES 0 0 0 - 0 0 I w EXPENSES 0 0 0 0 SUB TOTAL: PROTECTIVE INSPECTION 229,141 (41,780) 187,361 83 187,211 67 99.96% 99.92% ORGANIZATION: OTHER EMERGENCY MTG SALARIES 4,865 0 4,865 - 4,865 0 99.99% 99.99% EXPENSES 11,162 0 11,162 128 10,913 122 98.91% 97.77% ANIMAL CONTROL SALARIES 0 0 0 - 0 0 EXPENSES 0 0 0 0 0 SUB-TOTAL: OTHER 16,027 0 16,027 128 15,777 122 99.24% 98.44% SUB-TOTAL FUNCTION: PUBLIC SAFETY 7,964,384 38,130 8,002,514 10,767 7,913,446 78,301 99.02% 98.89% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT FUNCTION: EDUCATION SCHOOL DEPARTMENT 31,242,201 301000 31,272,201 2,308,420 28,963,781 0 100.00% 92.62% SCHOOL BUILDING COMMITTEE 13,000 0 13,000 — 13,000 0 100.00% 100.00% REGIONAL SCHOOLS 103,605 46,956 150,561 — 150,561 0 100.00% 100.00% SUB—TOTAL FUNCTION: EDUCATION 31,358,806 76,956 31,435,762 2,308,420 29,127,342 0 100.00% 92.66% FUNCTION: PUBLIC WORKS DPW ADMIN. SALARIES 286,212 (31,707) 254,505 — 254,505 0 100.00% 100.00% EXPENSES 14,540 (549) 13,991 590 12,343 1,058 92.44% 88.22% w 00 DPW STREETS & SIDEWALKS SALARIES 328,020 (15,773) 312,247 — 308,764 3,483 98.88% 98.88% EXPENSES 299,500 12,879 312,379 — 299,879 12,500 96.00% 96.00% DPW SNOW/ICE SALARIES 94,342 (16,550) 77,792 — 77,792 0 100.00% 100.00% EXPENSES 591,188 119,275 710,463 — 710,463 0 100.00% 100.00% DPW SOLID WASTE/ RECYCLING SALARIES 159,880 (11,106) 148,774 — 142,737 6,036 95.94% 95.94% Solid Waste (TRASH) Collections 586,900 (13,202) 573,698 — 569,395 4,303 99.25% 99.25% Solid Waste (TRASH) Disposal 744,768 (78,543) 666,225 2,274 469,565 194,385 70.82% 70.48% NESWC Tip Fee Mitigation Fund Use (194,000) 0 (194,000) — 0 (194,000) 0.00% 0.00% Recycling & Hazardous Waste 38,600 306 38,906 — 35,695 3,212 91.75% 91.75% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT FLEET MANAG. SALARIES 82,896 (30,979) 51,917 - 51,917 0 100.00% 100.00% EXPENSES 157,777 44,407 202,184 491 200,836 857 99.58% 99.33% DPW STRUCTURES & GROUNDS SALARIES 188,859 (2,944) 185,915 - 182,320 3,595 98.07% 98.07% EXPENSES 227,803 34,702 262,505 - 261,967 538 99.80% 99.80% SUB-TOTAL FUNCTION: PUBLIC WORKS 3,607,285 10,217 3,617,502 3,355 3,578,180 35,967 99.01% 98.91% FUNCTION:HUMAN SERVICES ORGANIZATION: SPECIAL PROGRAMS ELDER SERVICES SALARIES 174,454 (12,455) 161,999 - 161,762 238 99.85% 99.85% w EXPENSES 21,200 0 21,200 50 21,150 0 100.00% 99.76% I YOUTH SERVICES SALARIES 200,000 (11,266) 188,735 - 188,735 0 100.00% 100.00% EXPENSES 0 0 0 0 0 SUB-TOTAL: SPECIAL PROGRAMS 395,654 (23,720) 371,934 50 371,646 238 99.94% 99.92% ORGANIZATION: HEALTH HEALTH SALARIES 176,107 17 176,124 - 176,124 0 100.00% 100.00% EXPENSES 6,890 (37) 6,853 22 6,653 177 97.42% 97.09% SUB TOTAL: HEALTH 182,997 (20) 182,977 22 182,777 177 99.90% 99.89% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT ORGANIZATION: PUBLIC ASSISTANCE VETERANS SERVICES SALARIES 43,671 197 43,868 — 43,866 2 100.00% 100.00% EXPENSES 70,146 48,937 119,083 1,366 111,985 5,732 95.19% 94.04% SUB—TOTAL: PUBLIC ASSISTANCE 113,817 49,134 162,951 1,366 155,851 5,734 96.48% 95.64% SUB—TOTAL FUNCTION: HUMAN SERVICES 692,468 25,394 717,862 1,438 710,275 6,149 99.14% 0.00% FUNCTION: CULTURE& RECREATION STEVENS LIBRARY SALARIES 481,291 (6,087) 475,204 — 475,204 0 100.00% 100.00% o EXPENSES 238,123 (11,235) 226,888 30 221,886 4,972 97.81% 97.80% I SUB—TOTAL: LIBRARY 719,414 (17,323) 702,091 30 697,090 4,972 99.29% 99.29% FESTIVALS COMM SALARIES 0 0 0 — 0 0 EXPENSES 0 0 0 0 0 RECREATION SALARIES 12,288 58 12,346 — 12,346 0 100.00% 100.00% EXPENSES 0 0 0 0 0 HISTRORICAL COMMISSION SALARIES 0 0 0 — 0 0 EXPENSES 500 0 500 424 77 84.71% 84.71% SUB—TOTAL FUNCTION: CULTURE& RECREATION 732,202 (17,264) 714,938 30 709,860 5,048 99.29% 99.29% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT FUNCTION: DEBT SERVICE EXCLUDED- PRINCIPAL - LONG TERM 3,210,000 0 3,210,000 - 3,210,000 0 100.00% 100.00% EXCLUDED- INTEREST - LONG TERM 1,781,230 1,781,230 1,721,803 59,427 96.66% 96.66% EXCLUDED- INTEREST -SHORT TERM 755,499 427,251 1,182,750 1,306,212 (123,462) 110.44% 110.44% INCLUDED- PRINCIPAL - LONG TERM 2,603,572 2,603,572 2,574,929 28,643 98.90% 98.90% INCLUDED- INTEREST - LONG TERM 766,800 766,800 731,230 35,571 95.36% 95.36% INCLUDED- INTEREST -SHORT TERM 77,460 77,460 77,460 0 SUB-TOTAL FUNCTION: DEBT SERVICE 9,194,561 427,251 9,621,812 0 9,621,634 178 100.00% 100.00% FUNCTION:STATE&COUNTY ASSESMENTS RETIRED TEACHERS HEALTH INSURANCE 1,212,037 541803 1,266,840 - 1,266,840 0 100.00% 100.00% MOSQUITO CONTROL 0 0 0 0 0 AIR POLLUTION DISTRICTS 7,908 0 7,908 7,908 0 100.00% 100.00% RMV- NON RENEWAL SURCHARGE 10,940 0 10,940 16,240 (5,300) 148.45% 148.45% REGIONAL TRANSIT 177,259 (11,745) 165,514 175,538 (10,024) 106.06% 106.06% SPEC. E.D 8,108 (8,108) 0 0 0 CHARTER SCHOOL ASSESSMENT 47,852 4,231 52,083 36,152 15,931 69.41% 69.41% ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT SCHOOL CHOICE 16,919 (6,234) 10,685 5,898 4,787 ESSEX COUNTY AGRICULTURAL ASSESSMENT 87,748 0 87,748 87,748 0 100.00% 100.00% SUB-TOTAL FUNCTION: STATE&COUNTY ASSESMENTS 1,568,771 32,947 1,601,718 0 1,596,324 5,394 99.66% 99.66% FUNCTION:OTH ER RETIREMENT ASSESSMENT 2,093,553 0 2,093,553 - 21093,553 0 100.00% 100.00% MANAGER CONTRACT 0 0 0 0 0 WORKERS COMP 180,399 (20,833) 159,566 - 159,566 0 100.00% 100.00% GROUP INSURANCE 6,243,611 (36,810) 6,206,801 - 6,206,801 0 100.00% 100.00% PAYROLL TAXES 425,000 19,344 444,344 31,202 413,142 (0) 100.00% 92.98% UNEMPLOYMENT 100,000 (47,108) 52,892 1,538 51,353 (0) 100.00% 97.09% LIABILITY INSURANCE 354,247 (18,902) 335,345 - 335,345 0 100.00% 100.00% POLICE & FIRE ACCIDENT INSURANCE 20,000 (15,200) 4,800 - 4,800 0 100.00% 100.00% SALARY RESERVE 0 0 0 - 0 0 FINANCE COMMITTEE RESERVE 50,000 (30,000) 20,000 - 0 20,000 STABLIZATION FUND 0 787,811 787,811 787,811 OTHER ARTICLES 0 0 0 - 0 0 BUDGET RESERVE 0 0 0 0 0 TRANSFER SPECIAL REVENUE 0 100,000 100,000 100,000 0 TRANSFER ENTERPRISE 0 0 0 0 0 TRANSFER TRUST FUND 0 0 0 0 0 ANNUAL YEAR TO % BUDGET ADJ. OPEN DATE CURRENT SPENT& % ORIGINAL TRANSFERS BUDGET ENCUMBRANCE EXPENDED BALANCE ENCUMBERED SPENT DEFICITS (snow & Ice) 0 0 0 0 0 OVERLAY 0 0 0 0 0 TRANSFER CAPITAL PROJECTS 0 0 0 0 0 SUB—TOTAL FUNCTION: OTHER 9,466,810 738,302 10,205,112 32,740 10,152,372 20,000 99.80% 99.48% GRAND TOTAL GENERAL FUND 66,911,128 1,343,369 68,254,497 2,448,222 65,614,166.18 192,109 99.72% 96.13% Report Totals 66,911,128 1,343,369 68,254,497 2,448,222.36 65,614,168 192,109 99.72% 96.13% Net Report Totals (Variance caused by Overlay) 0 0 0 0.00 0 0 w I OVERLAY 590,643 Total Budget 68,845,140 Town of North Andover Water Year to Date Operating Results June 30, 2006 Annual Prior Years Adjusted Y-T-D % Budget Encumbrance Budget Expended Encumbrances Balance Coll/Spent Revenue• Interest/Penalties 18,000 - 18,000 137,721 - (119,721) 765.1% User Charges 4,582,266 - 4,582,266 4,682,057 - (99,791) 102.2% Water Hookups 72,000 - 72,000 94,500 - (22,500) 131.3% Other Fees 400,000 - 400,000 343,456 - 56,544 85.9% Total Revenues 5,072,266 0 5,072,266 5,257,733 0 (185,467) 103.7% Expenses: Salary 683,702 6,990 690,692 690,651 - 41 100.0% Expenses 1,106,290 46,972 1,153,262 1,050,929 43,528 58,805 91.1% Debt Principal 2,190,022 - 2,190,032 1,982,708 - 207,324 90.5% L/T Interest 573,285 - 573,285 573,646 - (361) 100.1% S/T Interest - - 0 15,598 - (15,598) Salary Reserves 19,490 (19,490) 0 0 0.0% Interfund Transfers 499,467 - 499,467 499,467 - 0 100.0% Transfer to Capital Project 291000 - 29,000 29,000 - 0 0.0% Total Expenses 5,101,256 34,472 5,135,738 4,841,999 43,528 250,211 94.3% Net Y-T-D Operating (28,990) (63,472) 415,734 (43,528) Beginning Fund Balance (197,429) (197,429) (197,429) 231,186 Ending Fund Balance (168,439) (260,901) 231,186 187,658 Town Meeting appropriated $from fund reserve balance - 144 - Town of North Andover Sewer Year to Date Operating Results June 30, 2006 Annual Prior Years Adjusted Y-T-D % Budget Encumbrance Budget Expended Encumbrances Balance Coll/Spent Revenue• Interest/Penalties 10,000 - 10,000 155,841 - (145,841) 1558.4% User Charges 2,813,193 - 2,813,193 3,138,074 - (324,881) 111.5% Hookup Fees 100,000 - 100,000 99,254 - 746 99.3% Other Fees 190,000 - 190,000 202,681 - (12,681) 106.7% Misc Revenue - - 0 70,000 - (70,000) Total Revenues 3,113,193 0 3,113,193 3,665,851 0 (552,658) 117.8% Expenses: Salary 323,481 (3,878) 319,603 300,666 - 18,937 94.1% Expenses 206,050 26,031 232,081 197,153 23,745 11,183 85.0% Sewer Assesment 1,264,982 - 1,264,982 948,815 - 316,167 75.0% Settlement 56,000 1,985 57,985 57,985 - 0 100.0% Debt Principal 1,347,686 - 1,347,686 1,325,253 - 22,433 98.3% Interest L/T 554,667 - 554,667 564,235 - (9,568) 101.7% Interest S/T - - 0 10,597 - (10,597) Interfund Transfers 235,261 - 235,261 235,261 - 0 100.0% Salary Reserves 8,122 (8,122) 0 0 Total Expenses 3,996,249 16,015 4,012,264 3,639,965 23,745 348,555 90.7% Net Y-T-D Operating (883,056) (899,071) 25,886 (23,745) (901,213) Beginning Fund Balance 1,942,165 1,942,165 1,942,165 2,018,929 Ending Fund Balance 1,059,109 1,043,093 2,018,929 1,995,184 Town Meeting appropriated $883,056 from fund reserve balance - 145 - Town of North Andover Stevens Estate at Osgood Hill Year to Date Operating Results June 30, 2006 Annual Prior Years Adjusted Y-T-D % Budget Encumbrance Budget Expended Encumbrances Balance Coll/Spent Revenue• User Charges 415,871 50,000 465,871 507,693 - (41,822) 109.0% Other Revenue - - 0 - 0 Total Revenues 415,871 50,000 465,871 507,693 0 (41,822) 109.0% Expenses• Salary 155,344 24,857 180,201 173,545 - 6,656 96.3% Expenses 196,799 78,915 275,714 262,407 9,282 4,025 95.2% Debt - - 0 - - 0 Capital Outlay - - 0 - - 0 Interfund Transfers 63,728 1,272 65,000 65,000 - 0 102.0% Total Expenses 415,871 105,044 520,915 500,952 9,282 10,681 96.2% Net Y-T-D Operating 0 (55,044) 6,741 (9,282) Beginning Fund Balance 63,915 63,915 63,915 70,656 Ending Fund Balance 63,915 8,871 70,656 61,374 And transfer$38,059 from Retained Earnings - 146 - School Enrollment Figures Atkinson Franklin Kittredge Sargent Thomson NAMS NAHS Total Preschool Totals 61 31 92 Kindergarten 18 17 20 16 14 16 13 16 14 19 20 15 21 16 16 16 21 16 18 K Totals 69 66 20 97 70 322 Grade 1 A 19 23 25 24 23 B 21 23 24 24 23 C 19 21 25 22 D 23 23 Total 59 90 49 96 68 362 Grade 2 A 23 24 23 25 24 B 24 25 21 25 23 C 21 21 26 24 D 25 Total 68 70 44 101 71 354 Grade 3 A 21 25 24 28 29 B 21 24 22 28 29 C 26 28 D 29 Total 42 75 46 113 58 334 Grade 4 A 24 36 28 36 36 B 26 36 29 35 36 C 36 Total 50 72 57 107 72 358 Grade 5 A 28 32 27 32 36 B 31 32 27 33 37 C 32 Total 59 64 54 97 73 347 Totals 347 498 270 642 412 2169 Grade 6 338 338 Grade 7 376 376 Grade 8 386 386 Total 1100 1100 Grade 9 346 346 Grade 10 332 332 Grade 11 349 349 Grade 12 338 338 Total 1365 1365 GRAND TOTAL 347 498 270 642 412 1100 1365 4634 Age of Admittance Children entering kindergarten must be five years of age on or before August 31 of the entrance year. Children entering the first grade must be six years of age on or before August 31 of the entrance year.Any request for an exception to the established entrance age for first grade must be submitted to the School Committee for consideration prior to April 30. No School Announcements Radio broadcasts: Stations WCCM,WBZ, and WRKO TV: Channels 4,5, and 7, and local channel 98 — 147 — Independent Auditors Report ................................... . . ... . _ i i 3 1 SULLIVAN, ROGERS & COMPANY, LLC ' Corporate Place I,Suite 204 • 99 South Bedford Street Burlington,Massachusetts 01803 P•781-229-5600 F•781-229-5610 www.suilivan-rogers.com 3 Cerufwd Public Accountants i E I Independent Auditors'Report To the Honorable Board of Selectmen Town of North Andover,Massachusetts We have audited the accompanying financial statements of the governmental activities,the business-type { activities,each major fund,and the aggregate remaining fund information of the Town of North Andover, Massachusetts,as of and for the fiscal year ended June 30,2006,which collectively comprise the Town's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the Town of North Andover,Massachusetts'management. Our responsibility is to express opinions an these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining,on a test basis,evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, j as well as evaluating the overall financial statement presentation. We believe that our audit provides a I reasonable basis for our opinions. E i In our opinion,the financial statements referred to above present fairly,in all material respects,the respective financial position of the governmental activities,the business-type activities,each major fund,and the aggregate remaining fund information of the Town of North Andover,Massachusetts as of June 30,2006,and the respective i changes in financial position and cash flows,where applicable,thereof and the budgetary comparison for the general fund for the fiscal year then ended in conformity with accounting principles generally accepted in the United States of America. I In accordance with Government Auditing Standards,we have also issued our report dated November 9,2006,on our consideration of the Town of North Andover,Massachusetts'internal control over financial reporting and on our tests of its compliance with certain provisions of laws,regulations,contracts,and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in conjunction with this report in considering the E results of our audit. The management's discussion and analysis,located on pages 4 through 13,is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures,which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However,we did not audit the information and express no opinion on it. i I 2 !I i Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town of North Andover,Massachusetts' basic financial statements. The additional information on pages 57 through 59 is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and,in our opinion,is fairly stated in all material respects in relation to the basic financial statements taken as a whole. i November 9,2006 i I F ! E V F I f i i I i i i I I i I i I i i i 3 STATEMENT OF NET ASSETS JUNE 30,2006 Primary Government Governmental Business-type ASSETS Activities Activities Total Current assets: Cash and cash equivalents............................................................. $ 13,693,113 $ 2,259,106 $ 15,952,219 Restricted cash and cash equivalents................................................ 6,354,138 4,237,595 10,591,733 Investments................................................................................ 139,519 - 139,519 Receivables,net of allowance for uncollectible amounts: Real estate and personal property taxes....................................... 674,261 - 674,261 Tax and utility liens................................................................. 1,218,260 26,720 1,244,980 Motor vehicle and other excise taxes........................................... 313,045 - 313,045 Community preservation surcharges........................................... 8,000 - 8,000 User charges.......................................................................... - 1,539,543 1,539,543 Departmental and other............................................................ 298,121 - 298,121 Intergovernmental................................................................... 2,456,803 92,299 2,549,102 Other assets................................................................................ 146 - 146 Prepaid expenses......................................................................... 5,875 - 5,875 Tax foreclosures.......................................................................... 228,647 - 228,647 Working capital deposit................................................................ 87,943 - 87,943 Total current assets............................................................. 25,477,871 8,155,263 33,633,134 Noncurrent assets: Receivables,net of allowance for uncollectible amounts: Intergovernmental................................................................... 20,787,725 1,331,170 22,118,895 Capital assets not being depreciated................................................ 22,256,473 7,703,775 29,960,248 Capital assets,net of accumulated depreciation.................................. 111,427,765 43,294,163 154,721,928 Total noncurrent assets........................................................ 154,471,963 52,329,108 206,801,071 Total assets............................................................... 179,949,834 60,484,371 240,434,205 LIABILITIES Current liabilities: Warrants payable........................................................................ 795,031 362,078 1,157,109 Accrued payroll........................................................................... 2,209,844 - 2,209,844 Tax refunds payable..................................................................... 470,300 - 470,300 Other liabilities............................................................................ 259,143 - 259,143 Liabilities due depositors............................................................... 106,160 - 106,160 Accrued interest.......................................................................... 1,193,911 333,521 1,527,432 Accrued health claims payable....................................................... 1,140,814 - 1,140,814 Courtjudgments.......................................................................... - 56,000 56,000 Compensated absences................................................................. 137,789 - 137,789 Short-term notes payable............................................................... 10,970,078 - 10,970,078 Long-term bonds and notes payable................................................ 6,510,326 3,291,883 9,802,209 Total current liabilities......................................................... 23,793,396 4,043,482 27,836,878 Noncurrent liabilities: Courtjudgments.......................................................................... - 224,000 224,000 Compensated absences................................................................. 1,240,098 - 1,240,098 Long-term bonds and notes payable................................................ 49,974,986 26,575,206 76,550,192 Total noncurrent liabilities.................................................... 51,215,084 26,799,206 78,014,290 Total liabilities.......................................................... 75,008,480 30,842,688 105,851,168 NET ASSETS Invested in capital assets,net of related debt...................................... 88,197,300 22,554,318 110,751,618 Restricted for: Debt service........................................................................... 776,905 - 776,905 Community preservation.......................................................... 2,293,380 - 2,293,380 Permanent funds: Expendable....................................................................... 426,611 - 426,611 Nonexpendable.................................................................. 27,582 - 27,582 Other specific purposes............................................................ 399,195 - 399,195 Unrestricted................................................................................ 12,820,381 7,087,365 19,907,746 Total net assets............................................................................ $ 104,941,354 $ 29,641,683 $ 134,583,037 See notes to basic financial statements. Town of North Andover,Massachusetts 15 Basic Financial Statements STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JUNE 30,2006 Program Revenues Operating Capital Net Charges for Grants and Grants and (Expense)/ Functions/Programs Expenses Services Contributions Contributions Revenue Primary government Governmental activities: General government....................... $ 2,779,374 $ 399,486 $ 34,601 $ - $ (2,345,287) Public safety................................. 12,011,224 3,527,254 338,815 - (8,145,155) Education..................................... 50,523,956 2,366,543 10,938,343 - (37,219,070) Public works................................. 4,466,922 131,403 150,894 86,308 (4,098,317) Health and human services.............. 1,617,246 347,883 66,896 - (1,202,467) Culture and recreation.................... 2,494,159 811,035 185,898 - (1,497,226) Debt service-interest..................... 3,636,270 - 1,101,560 - (2,534,710) Total governmental activities....... 77,529,151 7,583,604 12,817,007 86,308 Business-type activities: Water.......................................... 2,946,719 5,267,016 - - 2,320,297 Sewer.......................................... 3,076,592 3,536,767 414,429 - 874,604 Osgood Hill.................................. 502,926 507,693 - - 4,767 Total business-type activities....... 6,526,237 9,311,476 414,429 - Total primary government........................ $ 84,055,388 $ 16,895,080 $ 13,231,436 $ 86,308 $ See notes to basic financial statements. Town of North Andover,Massachusetts 16 Basic Financial Statements STATEMENT OF ACTIVITIES(Continued) FOR THE FISCAL YEAR ENDED JUNE 30,2006 Primary Government Governmental Business-type Activities Activities Total Changes in net assets: Net(expense)/revenue(from previous page)................ $ �� r� $ General revenues: Real estate and personal property taxes................... 47,687,495 - 47,687,495 Motor vehicle and other excise taxes....................... 4,076,385 - 4,076,385 Tax liens........................................................... 365,140 - 365,140 Penalties and interest on taxes............................... 410,394 - 410,394 Payments in lieu of taxes...................................... 1,441,209 - 1,441,209 Community preservation surcharges...................... 1,196,950 - 1,196,950 Grants and contributions not restricted to specific programs.............................................. 3,297,899 - 3,297,899 Unrestricted investment income............................ 880,381 - 880,381 Transfers,net.......................................................... 522,018 (522,018) - Total general revenues and transfers........................... 59,877,871 (522,018) 59,355,853 Change in net assets............................................ 2,835,639 2,677,650 5,513,289 Net assets-beginning of year.................................... 102,105,715 26,964,033 129,069,748 Net assets-end of year............................................. $ 104,941,354 $ 29,641,683 $ 134,583,037 Town of North Andover,Massachusetts 17 Basic Financial Statements GOVERNMENTAL FUNDS BALANCE SHEET JUNE 30,2006 Community ASSETS General Stabilization Preservation Cash and cash equivalents................................................................ $ 9,406,450 $ 1,141,436 $ - Investments................................................................................... - - - Receivables,net of allowance for uncollectible amounts: Real estate and personal property taxes.......................................... 674,261 - - Taxliens................................................................................... 1,218,260 - - Motor vehicle and other excise taxes.............................................. 313,045 - - Community preservation surcharges............................................. - - 8,000 Departmental and other.............................................................. 200,640 - - Intergovernmental..................................................................... 14,379,161 - 1,125,960 Otherassets................................................................................... 146 - - Prepaid expenditures...................................................................... 5,875 - - Tax foreclosures............................................................................. 228,647 - - Restricted assets: Cash and cash equivalents............................................................ - - 2,523,084 TOTAL ASSETS............................................................................. $ 26,426,485 $ 1,141,436 $ 3,657,044 LIABILITIES AND FUND BALANCES LIABILITIES: Warrants payable....................................................................... $ 667,522 $ - $ 3,419 Accrued payroll......................................................................... 2,209,844 - - Tax refunds payable................................................................... 470,300 - - Other liabilities.......................................................................... 258,077 - 1,066 Liabilities due depositors............................................................. 106,160 - - Deferred revenue....................................................................... 16,786,212 - 1,133,960 Accrued short-term interest.......................................................... 322,347 - - Short-term notes payable............................................................. - - 1,359,179 TOTAL LIABILITIES....................................................................... 20,820,462 - 2,497,624 FUND BALANCES: Reserved for: Encumbrances and continuing appropriations............................. 239,040 - - Debtservice......................................................................... 776,905 - - Perpetual permanent funds..................................................... - - - Other specific purposes........................................................... - - - Unreserved: Designated for subsequent year's expenditures............................ 515,267 - - Undesignated,reported in: General fund.................................................................... 4,074,811 - - Special revenue funds........................................................ - 1,141,436 1,159,420 Capital projects funds........................................................ - - - Permanent funds.............................................................. - - - TOTAL FUND BALANCES.............................................................. 5,606,023 1,141,436 1,159,420 TOTAL LIABILITIES AND FUND BALANCES.................................... $ 26,426,485 $ 1,141,436 $ 3,657,044 See notes to basic financial statements. Town of North Andover,Massachusetts 18 Basic Financial Statements School Nonmajor Total Construction Governmental Governmental Project Funds Funds $ - $ 2,496,688 $ 13,044,574 139,519 139,519 - 674,261 - 1,218,260 - 313,045 - 8,000 97,481 298,121 7,649,209 90,198 23,244,528 - - 146 5,875 - - 228,647 2,019,691 1,811,363 6,354,138 $ 9,668,900 $ 4,635,249 $ 45,529,114 $ 34,537 $ 89,553 $ 795,031 - - 2,209,844 - - 470,300 - - 259,143 - - 106,160 7,649,209 - 25,569,381 - - 322,347 9,610,899 - 10,970,078 17,294,645 89,553 40,702,284 - - 239,040 - 776,905 27,582 27,582 399,195 399,195 - 515,267 - 4,074,811 1,900,191 4,201,047 (7,625,745) 1,792,117 (5,833,628) 426,611 426,611 (7,625,745) 4,545,696 4,826,830 $ 9,668,900 $ 4,635,249 $ 45,529,114 Town of North Andover,Massachusetts 19 Basic Financial Statements GOVERNMENTALFUNDS STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE FISCAL YEAR ENDED JUNE 30,2006 Community General Stabilization Preservation REVENUES Real estate and personal property taxes....................................................... $ 47,835,561 $ - $ - Motor vehicle and other excise taxes........................................................... 4,010,270 - - Tax and utility liens................................................................................. 393,770 - - Payments in lieu of taxes.......................................................................... 1,401,504 - - Community preservation surcharges.......................................................... - - 1,128,331 Charges for services................................................................................ 770,526 - - Intergovernmental................................................................................. 13,940,898 - 1,051,237 Penalties and interest on taxes................................................................... 410,394 - - Licenses,permits and fees........................................................................ 1,771,187 - - Fines and forfeitures................................................................................ 120,993 - - Departmental......................................................................................... 503,197 - - Contributions......................................................................................... - - - Investment income.................................................................................. 849,810 27,655 77,322 TOTAL REVENUES....................................................................... 72,008,110 27,655 2,256,890 EXPENDITURES Current: General government........................................................................... 2,214,520 - - Public safety...................................................................................... 7,917,432 - - Education......................................................................................... 31,605,215 - - Public works..................................................................................... 2,558,203 - - Health and human services.................................................................. 710,325 - - Culture and recreation........................................................................ 711,554 - 198,403 Pension benefits................................................................................. 6,544,692 - - Employee benefits.............................................................................. 6,842,992 - - Property and liability insurance............................................................ 340,145 - - State and county charges.......................................................................... 1,508,576 - - Debt service: Principal........................................................................................... 5,784,931 - - Interest............................................................................................ 3,389,448 - 137,168 TOTAL EXPENDITURES................................................................ 70,128,033 - 335,571 EXCESS(DEFICIENCY)OF REVENUES OVER EXPENDITURES........................................................................... 1,880,077 27,655 1,921,319 OTHER FINANCING SOURCES(USES) Transfers in........................................................................................... 799,728 787,811 - Proceeds of bonds and notes..................................................................... - - - Premium from issuance of bonds and notes.................................................. 61,582 - 14,339 Transfers out......................................................................................... (887,811) - (277,710) TOTAL OTHER FINANCING SOURCES(USES)................................. (26,501) 787,811 (263,371) NET CHANGE IN FUND BALANCES............................................................ 1,853,576 815,466 1,657,948 FUND BALANCES AT BEGINNING OF YEAR................................................. 3,752,447 325,970 (498,528) FUND BALANCES AT END OF YEAR............................................................ $ 5,606,023 $ 1,141,436 $ 1,159,420 See notes to basic financial statements. Town of North Andover,Massachusetts 20 Basic Financial Statements School Nonmajor Total Construction Governmental Governmental Project Funds Funds $ - $ - $ 47,835,561 4,010,270 393,770 39,705 1,441,209 - 1,128,331 3,353,016 4,123,542 25,963,698 2,791,448 43,747,281 - - 410,394 989,545 2,760,732 - 120,993 51,208 554,405 122,104 122,104 - 49,634 1,004,421 25,963,698 7,396,660 107,653,013 - 222,480 2,437,000 - 1,213,933 9,131,365 1,131,683 4,856,777 37,593,675 - 549,786 3,107,989 385,686 1,096,011 1,097,023 2,006,980 - 6,544,692 - - 6,842,992 - - 340,145 - - 1,508,576 - - 5,784,931 - - 3,526,616 1,131,683 8,325,685 79,920,972 24,832,015 (929,025) 27,732,041 - 100,000 1,687,539 277,805 217,195 495,000 - - 75,921 - - (1,165,521) 277,805 317,195 1,092,939 25,109,820 (611,830) 28,824,980 (32,735,565) 5,157,526 (23,998,150) $ (7,625,745) $ 4,545,696 $ 4,826,830 Town of North Andover,Massachusetts 21 Basic Financial Statements RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TOTAL FUND BALANCES TO THE STATEMENT OF NET ASSETS FOR THE FISCAL YEAR ENDED JUNE 30,2006 Total governmental fund balances(page 19).......................................................................................... $ 4,826,830 Capital assets(net of accumulated depreciation)used in governmental activities are not financial resources and,therefore,are not reported in the governmental funds.................................... 133,684,238 Other assets are not available to pay for current period expenditures and, therefore,are deferred in the governmental funds......................................................................... 25,569,381 In the statement of activities,interest is accrued on outstanding long-term debt, whereas in the governmental funds interest is not reported until due................................................ (871,564) Long-term liabilities are not due and payable in the current period and, therefore,are not reported in the governmental funds. Bonds and notes payable,net of unamortized premiums and deferred losses on refundings.............. (56,485,312) Compensated absences....................................................................................................... (1,377,887) Internal service funds are used by management to account for health insurance activities.The assets and liabilities of the internal service funds are reported as governmental activities in the statement of net assets..................................................... (404,332) Net assets of governmental activities(page 15)...................................................................................... $ 104,941,354 See notes to basic financial statements. Town of North Andover,Massachusetts 22 Basic Financial Statements RECONCILIATION OF THE STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JUNE 30,2006 Net change in fund balances-total governmental funds(page 21).................................................... $ 28,824,980 Governmental funds report capital outlays as expenditures. However,in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. These amounts represent the related activity of the current period. Capitaloutlays......................................................................................................... 2,009,735 Depreciation............................................................................................................ (5,018,090) In the statement of activities,only the loss on the disposal of capital assets is reported, whereas in the governmental funds the transaction is not reported since there is no use of financial resources. As a result,the change in net assets differs from the change in fund balance by the net book value of the capital asset disposed of.......................................... (56,017) Revenues in the statement of activities that do not provide current financial resources are fully deferred in the statement of revenues,expenditures and changes in fund balances. Therefore,the recognition of revenue for various types of accounts receivable (i.e.,real estate and personal property,motor vehicle excise,etc.)differ between the two statements. This amount represents the net change in deferred revenue............................. (27,886,162) The issuance of long-term debt(e.g.,bonds and leases)provides current financial resources to governmental funds,while the repayment of the principal of long-term debt consumes the financial resources of governmental funds. Neither transaction,however,has any impact on net assets. Also,governmental funds report the effect of issuance costs, premiums,discounts,and similar items when debt is first issued,whereas these amounts are deferred and amortized in the statement of activities. These amounts represent the related activity of the current period. Bondmaturities........................................................................................................ 5,784,931 Amortization of deferred losses on refundings................................................................ (65,205) In the statement of activities,interest is accrued on outstanding long-term debt whereas in the governmental funds interest is not reported until due. This amount represents the net change in accrued interest payable............................................................ (44,449) Some expenses reported in the statement of activities do not require the use of current financial resources and,therefore,are not reported in the governmental funds. This amount represent the net change in long-term liabilities: Compensated absences............................................................................................... (92,704) Internal service funds are used by management to account for health insurance The net activity of the internal service funds is reported with governmental activities................. (126,380) Changes in net assets of governmental activities(page 17)............................................................... $ 2,835,639 See notes to basic financial statements. Touw of North Andover,Massachusetts 23 Basic Financial Statements GENERALFUND STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED JUNE 30,2006 Variance Original Final Positive/ Budget Budget Actual (Negative) REVENUES Real estate and personal property taxes.................................. $ 47,099,338 $ 47,809,760 $ 48,181,724 $ 371,964 Motor vehicle and other excise taxes...................................... 3,892,000 3,892,000 4,010,270 118,270 Tax liens........................................................................ - - 393,770 393,770 Payments in lieu of taxes..................................................... 1,424,900 1,424,900 1,401,504 (23,396) Charges for services........................................................... 635,000 635,000 770,526 135,526 Intergovernmental............................................................ 8,684,465 8,684,465 9,478,898 794,433 Penalties and interest on taxes.............................................. 251,200 251,200 410,394 159,194 Licenses,permits and fees.................................................... 1,130,600 1,130,600 1,771,187 640,587 Fines and forfeitures........................................................... 107,000 107,000 120,993 13,993 Departmental.................................................................... 283,856 283,856 503,197 219,341 Investment income............................................................. 350,000 350,000 849,810 499,810 NESWC Reimbursement..................................................... 400,000 900,000 1,646,312 746,312 TOTAL REVENUES.................................................. 64,258,359 65,468,781 69,538,585 4,069,804 EXPENDITURES Current: General government...................................................... 2,393,945 2,375,382 2,214,520 160,862 Public safety................................................................. 7,970,477 8,008,608 7,917,432 91,176 Education.................................................................... 31,543,809 31,620,765 31,605,215 15,550 Public works................................................................ 3,671,309 3,681,525 3,605,225 76,300 Health and human services............................................. 692,578 717,972 710,325 7,647 Culture and recreation................................................... 733,896 716,632 711,554 5,078 Pension benefits............................................................ 2,093,553 2,093,553 2,082,692 10,861 Employee benefits......................................................... 6,949,010 6,863,602 6,842,992 20,610 Property and liability insurance....................................... 374,247 340,145 340,145 - State and county charges..................................................... 1,601,718 1,601,718 1,508,576 93,142 Debt service: Principal...................................................................... 5,813,572 5,813,572 5,784,929 28,643 Interest....................................................................... 3,380,989 3,808,240 3,836,705 (28,465) TOTAL EXPENDITURES........................................... 67,219,103 67,641,714 67,160,310 481,404 EXCESS(DEFICIENCY)OF REVENUES OVER EXPENDITURES...................................................... (2,960,744) (2,172,933) 2,378,275 4,551,208 OTHER FINANCING SOURCES(USES) Transfers in...................................................................... 798,456 798,456 799,728 1,272 Premium from issuance of bonds and notes............................. 400,000 400,000 61,582 (338,418) Transfers out.................................................................... - (887,811) (887,811) TOTAL OTHER FINANCING SOURCES(USES)............ 1,198,456 310,645 (26,501) (337,146) NET CHANGE IN FUND BALANCE......................................... (1,762,288) (1,862,288) 2,351,774 4,214,062 FUND BALANCE AT BEGINNING OF YEAR............................. 3,879,014 3,879,014 3,879,014 - FUND BALANCE AT END OF YEAR........................................ $ 2,116,726 $ 2,016,726 $ 6,230,788 $ 4,214,062 See notes to basic financial statements. Town of North Andover,Massachusetts 24 Basic Financial Statements PROPRIETARY FUNDS STATEMENT OF FUND NET ASSETS JUNE 30,2006 Business-Type Activities-Enterprise Funds Governmental Activities- Internal Osgood Service ASSETS Water Sewer Hill Total Funds Current assets: Cash and cash equivalents.................................................. $ 67,671 $ 1,995,024 $ 196,411 $ 2,259,106 $ 648,539 Restricted cash and cash equivalents..................................... 1,508,259 2,729,336 - 4,237,595 - Receivables,net of allowance for uncollectible amounts: User charges................................................................ 821,594 717,949 1,539,543 Utility liens................................................................. 26,497 223 26,720 Intergovernmental........................................................ - 92,299 - 92,299 - Working capital deposit..................................................... - - - - 87,943 Total current assets................................................... 2,424,021 5,534,831 196,411 8,155,263 736,482 Noncurrent assets: Receivables,net of allowance for uncollectible amounts: Intergovernmental........................................................ - 1,331,170 - 1,331,170 - Capital assets not being depreciated...................................... 152,387 3,462,302 4,089,086 7,703,775 Capital assets,net of accumulated depreciation....................... 22,989,098 18,688,749 1,616,316 43,294,163 Total noncurrent assets............................................. 23,141,485 23,482,221 5,705,402 52,329,108 - Total assets.................................................... 25,565,506 29,017,052 5,901,813 60,484,371 736,482 LIABILITIES Current liabilities: Warrants payable.............................................................. 331,867 13,344 16,867 362,078 - Accrued interest............................................................... 129,441 204,080 - 333,521 - Accrued health claims payable............................................. - - - - 1,140,814 Courtjudgments............................................................... - 56,000 56,000 - Long-term bonds and notes payable...................................... 1,957,712 1,334,171 - 3,291,883 Total current liabilities.............................................. 2,419,020 1,607,595 16,867 4,043,482 1,140,814 Noncurrent liabilities: Courtjudgments............................................................... - 224,000 - 224,000 - Long-term bonds and notes payable...................................... 10,898,583 15,676,623 26,575,206 Total noncurrent liabilities......................................... 10,898,583 15,900,623 - 26,799,206 - Total liabilities................................................ 13,317,603 17,508,218 16,867 30,842,688 1,140,814 FUND NET ASSETS Invested in capital assets,net of related debt........................... 10,285,190 6,563,726 5,705,402 22,554,318 - Unrestricted..................................................................... 1,962,713 4,945,108 179,544 7,087,365 (404,332) Total fund net assets.......................................................... $ 12,247,903 $ 11,508,834 $ 5,884,946 $ 29,641,683 $ (404,332) See notes to basic financial statements. Town of North Andover,Massachusetts 25 Basic Financial Statements PROPRIETARY FUNDS STATEMENT OF REVENUES,EXPENSES AND CHANGES IN FUND NET ASSETS FOR THE FISCAL YEAR ENDED TUNE 30,2006 Business-Type Activities-Enterprise Funds Governmental Activities- Internal Osgood Service Water Sewer Hill Total Funds OPERATING REVENUES Charges for services................................................................. $ 5,117,029 $ 3,371,297 $ 507,693 $ 8,996,019 $ Utility liens............................................................................ 125,433 143,951 - 269,384 Penalties and interest............................................................... 24,554 21,519 46,073 - Employer contributions............................................................ - - - - 6,365,235 Employee contributions............................................................ - - - - 1,360,755 TOTAL OPERATING REVENUES.......................................... 5,267,016 3,536,767 507,693 9,311,476 7,725,990 OPERATING EXPENSES Cost of service and administration.............................................. 1,656,150 469,363 429,632 2,555,145 - GLSD assessment.................................................................... - 948,815 - 948,815 Repairs and maintenance.......................................................... 85,429 30,440 6,321 122,190 Depreciation........................................................................... 570,547 834,428 66,973 1,471,948 - Employee benefits................................................................... - - - - 7,881,436 TOTAL OPERATING EXPENSES........................................... 2,312,126 2,283,046 502,926 5,098,098 7,881,436 OPERATING INCOME(LOSS).............................................. 2,954,890 1,253,721 4,767 4,213,378 (155,446) NONOPERATING REVENUES(EXPENSES) Intergovernmental................................................................... - 413,209 - 413,209 - Investment income.................................................................. 1,220 1,220 29,066 Interest expense...................................................................... (634,593) (793,546) (1,428,139) - TOTAL NONOPERATING REVENUES(EXPENSES),NET......... (634,593) (379,117) - (1,013,710) 29,066 INCOME(LOSS)BEFORE TRANSFERS.................................. 2,320,297 874,604 4,767 3,199,668 (126,380) TRANSFERS Transfers in............................................................................ - - 277,710 277,710 Transfers out.......................................................................... (499,467) (235,261) (65,000) (799,728) TOTAL TRANSFERS........................................................... (499,467) (235,261) 212,710 (522,018) CHANGE IN FUND NET ASSETS.................................................. 1,820,830 639,343 217,477 2,677,650 (126,380) FUND NET ASSETS AT BEGINNING OF YEAR................................ 10,427,073 10,869,491 5,667,469 26,964,033 (277,952) FUND NET ASSETS AT END OF YEAR........................................... $ 12,247,903 $ 11,508,834 $ 5,884,946 $ 29,641,683 $ (404,332) See notes to basic financial statements. Town of North Andover,Massachusetts 26 Basic Financial Statements PROPRIETARY FUNDS STATEMENT OF CASH FLOWS FOR THE FISCAL YEAR ENDED JUNE 30,2006 Business-Type Activities-Enterprise Funds Governmental Activities- Internal Osgood Service Water Sewer Hill Total Funds CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users................................................................. $ 5,257,734 $ 3,637,240 $ 507,693 $ 9,402,667 $ 1,360,755 Receipts from interfund services provided....................................................... - - - - 6,365,235 Payments to vendors................................................................................... (1,177,976) (1,234,866) (268,445) (2,681,287) (7,836,289) Payments to employees................................................................................ (690,651) (273,018) (173,419) (1,137,088) - NET CASH FROM OPERATING ACTIVITIES.............................................. 3,389,107 2,129,356 65,829 5,584,292 (110,299) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in................................................................................................ - - 277,710 277,710 - Transfers out.............................................................................................. (499,467) (235,261) (65,000) (799,728) NET CASH FROM NONCAPITAL FINANCING ACTIVITIES........................ (499,467) (235,261) 212,710 (522,018) - CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Proceeds from the issuance of bonds and notes.................................................. 305,000 100,000 - 405,000 - Acquisition and construction of capital assets................................................... (1,394,142) (377,133) (290,904) (2,062,179) - Principal payments on bonds and notes........................................................... (1,982,709) (1,325,254) - (3,307,963) - Interest expense.......................................................................................... (589,242) (574,832) - (1,164,074) NET CASH FROM CAPITAL AND RELATED FINANCING ACTIVITIES......... (3,661,093) (2,177,219) (290,904) (6,129,216) - CASH FLOWS FROM INVESTING ACTIVITIES Investment income...................................................................................... - 1,220 - 1,220 29,066 NET CHANGE IN CASH AND CASH EQUIVALENTS.......................................... (771,453) (281,904) (12,365) (1,065,722) (81,233) CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR (Includes$2,347,383 and$3,011,239 reported as restricted in the water and sewer enterprise funds,respectively)......................................................... 2,347,383 5,006,264 208,776 7,562,423 729,772 CASH AND CASH EQUIVALENTS AT END OF YEAR (Includes$1,508,259 and$2,729,336 reported as restricted in the water and sewer enterprise funds,respectively)................................................ $ 1,575,930 $ 4,724,360 $ 196,411 $ 6,496,701 $ 648,539 RECONCILIATION OF OPERATING INCOME(LOSS)TO NET CASH FROM OPERATING ACTIVITIES Operating income(loss)................................................................................ $ 2,954,890 $ 1,253,721 $ 4,767 $ 4,213,378 $ (155,446) Adjustments to reconcile operating income(loss)to net cash from operating activities: Depreciation.......................................................................................... 570,547 834,428 66,973 1,471,948 - Changes in assets and liabilities: Accounts receivable............................................................................ (9,282) 100,473 - 91,191 - Working capital deposit....................................................................... - - - - (9,566) Warrants payable............................................................................... 23,394 (3,266) (5,911) 14,217 - Accrued health claims payable.............................................................. - - - - 54,713 Court judgments................................................................................ - (56,000) - (56,000) - Due to other funds............................................................................. (150,442) - - (150,442) - Total adjustments.......................................................................... 434,217 875,635 61,062 1,370,914 45,147 NET CASH FROM OPERATING ACTIVITIES $ 3,389,107 $ 2,129,356 $ 65,829 $ 5,584,292 $ (110,299) NONCASH INVESTING,CAPITAL AND FINANCING ACTIVITIES Intergovernmental debt subsidies(MWPAT).................................................... $ - $ 298,712 $ - $ 298,712 $Net amortization of deferred charges.............................................................. 74,671 6,752 - 81,423 - See notes to basic financial statements. Town of North Andover,Massachusetts 27 Basic Financial Statements ENTERPRISE FUNDS SCHEDULE OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS BUDGETARY BASIS-BUDGET AND ACTUAL FOR THE FISCAL YEAR ENDED JUNE 30,2006 Water Fund Variance Original Final Positive/ Budget Budget Actual (Negative) OPERATING REVENUES Charges for services............................................................ $ 5,054,266 $ 5,054,266 $ 5,289,757 $ 235,491 Utility liens....................................................................... - - 125,267 125,267 Penalties and interest........................................................... 18,000 18,000 24,554 6,554 TOTAL OPERATING REVENUES................................ 5,072,266 5,072,266 5,439,578 367,312 OPERATING EXPENSES Cost of service and administration......................................... 1,843,954 1,843,954 1,741,579 102,375 GLSD assessment............................................................... - - - - Debt service-principal....................................................... 2,190,032 2,190,032 1,982,708 207,324 TOTAL OPERATING EXPENDITURES......................... 4,033,986 4,033,986 3,724,287 309,699 EXCESS(DEFICIENCY)OF REVENUES OPERATING INCOME(LOSS).................................... 1,038,280 1,038,280 1,715,291 677,011 NONOPERATING REVENUES(EXPENSES) Interest expense................................................................. (573,285) (573,285) (589,244) (15,959) TOTAL NONOPERATING REVENUES(EXPENSE),NET (573,285) (573,285) (589,244) (15,959) INCOME(LOSS)BEFORE TRANSFERS........................ 464,995 464,995 1,126,047 661,052 TRANSFERS Transfers out..................................................................... (499,467) (499,467) (499,467) - CHANGE IN FUND NET ASSETS............................................. (34,472) (34,472) 626,580 661,052 FUND NET ASSETS AT BEGINNING OF YEAR........................... 211,342 211,342 211,342 - FUND NET ASSETS AT END OF YEAR...................................... $ 176,870 $ 176,870 $ 837,922 $ 661,052 Town of North Andover,Massachusetts 58 Additional Information Sewer Fund Osgood Hill Fund Variance Variance Original Final Positive/ Original Final Positive/ Budget Budget Actual (Negative) Budget Budget Actual (Negative) $ 3,103,193 $ 3,103,193 $ 3,476,434 $ 373,241 $ 415,871 $ 465,871 $ 507,693 $ 41,822 - - 163,232 163,232 - - - - 10,000 10,000 21,519 11,519 - - - - 3,113,193 3,113,193 3,661,185 547,992 415,871 465,871 507,693 41,822 609,669 609,669 555,805 53,864 352,143 455,915 435,953 19,962 1,264,982 1,264,982 948,815 316,167 - - - - 1,347,687 1,347,687 1,325,253 22,434 - - - - 3,222,338 3,222,338 2,829,873 392,465 352,143 455,915 435,953 19,962 (109,145) (109,145) 831,312 940,457 63,728 9,956 71,740 61,784 (554,666) (554,666) (574,832) (20,166) - - - - (554,666) (554,666) (574,832) (20,166) - - - - (663,811) (663,811) 256,480 920,291 63,728 9,956 71,740 61,784 (235,261) (235,261) (235,261) - (63,728) (65,000) (65,000) - (899,072) (899,072) 21,219 920,291 - (55,044) 6,740 61,784 2,410,038 2,410,038 2,410,038 - 63,916 63,916 63,916 - $ 1,510,966 $ 1,510,966 $ 2,431,257 $ 920,291 $ 63,916 $ 8,872 $ 70,656 $ 61,784 Town of North Andover,Massachusetts 59 Additional Information Town of North Andover Directory www.townofnoirthaindover.com Emergency Numbers Fire Rescue or Ambulance............ .. ......... ........... ......... 911 Police...... ....... ................ . .................. ......... ......... . 911 Your Town Government General!Information .. ........ ............ ......978-688-9500 Accounting Office....: ......... ............ ...... ......... ..........978-688-9520 Animal Control,Officer...................................................... 978-683-3168 Animal Inspector......... ............ .... ........., ...............978-475-3600 Assessor's Office...... . ................ ........ .. ........... .............978-688-9566 Community Development and Services 978-688-9533 Building Department.........................................................978-688...-9545 Conservation Department.... ................ ......... ...............978-688-9530 Health Department ......... ......... ... ......... ......... ...............978-688-9540 Planning,Department.........................................................978-688'.-9535 Zoning Board of Appeals...................................................978-688-9541 Emergency Management Agency.......................................978-688-9580 Fire Department—General Business ......... .......... .............978-688-9590 Housing Authority..... ........ ......... .......... ........ ............978-682-3932 Library-Stevens Memorial........... ....... ........... .............978-688-9505 Police Department—General Business 978-683.3168 Public Works Trash and Recycling............ .... ......... ......... ...............978-685-0950 Water/Sewer Department........... ...... ........... .............978-688-9570 Water Treatment Plant.................................................978-688-9574 Recreation Department.......: ........ ......... ......... ...............978-682-9000 School Department Superintendent's Office .. ....... ................. ... ..............978-794-1503 Atkinson School ........ .. ......... ......... ......... ............... 978-794......-0124 Franklin School............................................................ 978-794-1990 High School ........ .............. .... ......... ........... ..............978-794-1711 Kittredge School...... ...... ........ ......... ........... .............. 978-794.1688 Middle School..............................................................978-794-1870 Sargent School ... . ................. ......... ......... ................978-725.3673 Thomson School ......... .......... ........ ......... ......,...,.978-794-1545 Sealer of Weights and Measures ................. ....... .........978-688.9533 Selectmen's Office ...........................................................978-688-9510 Senior Citizen's Center......... ......... ....... ...............978-688-9560 Town Clerk........... ... ........... ....... .......... ...............978-688.9501 Town Manager......... ......... ............ ...... ......... ...............978-688.9510 Town Moderator........... ...... ......... ......... ... 978-688-9510 Treasurer/Collector............................................................978-688-9550 Veteran's Services..... ........ ......... ........_. 978-682.6378 Youth Services. ........ ........ ......... ......... ... ....,.,........978-682-9000