The polls will be open from 11 AM to 7 PM on Tuesday, March 14, 2017.

Articles 1 and 2, below, will be voted on during polling hours. Town Meeting begins after the polls close at 7 PM.

Comments in italics below are not part of the official warrant but were provided to the Beacon by the Andover Select Board.

Article 1

To choose all necessary Town Officers for the ensuing year. (By ballot vote during polling hours.)

Article 2

Are you in favor of the Amendment to the Andover Zoning Ordinance as proposed by the Planning Board to add Article XV: Accessory Dwelling Units? (By ballot during polling hours. By law, this amendment cannot be voted on during Town Meeting.)

See page 10 of the Andover Town Report 2016 for the full text of the proposed amendment to the Andover Zoning Ordinance. A clear explanation of this amendment can be read in a Planning Board article in last month’s Beacon. The following is an excerpt taken from that article:

“An Accessory Dwelling Unit is a separate living space within what looks like a single-family home. Traditionally such units have always existed and have been identified as ‘mother-in-law apartments’ or ‘granny flats’ or ‘au-pair suites.’ A recent change in New Hampshire State Law, which becomes effective June 1, 2017, provides that Accessory Dwelling Units shall be allowed in all zones that permit single family dwellings. The Planning Board thinks it wise for Andover to provide for Accessory Dwelling Units in a way that supports Andover’s small town and rural character.”

Article 3

To see if the Town will vote to raise and appropriate the sum of $1,636,918 for general municipal operations. This article does not include appropriations contained in special or individual articles addressed separately. The Select Board and the Budget Committee recommend this article.

The proposed operating budget for 2017 is up $24,014 from last year’s budget. This represents an increase of 1.49%. An article detailing the increases and decreases is being reprinted in this month’s Beacon.

Article 4

To see if the Town will vote to raise and appropriate the amount of $338,976 to add to the following Capital Reserve Funds previously established:

Fund Name                                                 Appropriate

Revaluation CRF                                                 $10,476

Ambulance Replacement CRF                         $25,000

Highway Equipment (Grader) CRF                $15,000

Highway Projects CRF                                    $150,000

Police Cruiser Replacement CRF                    $13,500

Transfer Station Equipment CRF                   $10,000

Bridge Rehabilitation CRF                              $115,000

The Select Board and the Budget Committee recommend this article.

The current balance of each of these funds appears on page 16 of the Andover Town Report 2016.

The list includes the previously established Capital Reserve Funds that the town adds to each year. The Highway Equipment CRF for the grader was established 10 years ago and the annual contribution was to be increased to $20,000 this year. The grader is in very good condition and should last longer than expected, thanks to regular maintenance and service, so the Road Agent’s recommendation is to increase the annual contribution by $5,000 instead of $10,000.

The Highway Projects CRF will be used to upgrade Old College Road this year.

The Bridge Rehabilitation CRF is up $65,000 this year to pay for the removal of Gale Road Bridge. This bridge has been closed to vehicular traffic for decades and is now close to the point of collapse. State inspections recommend immediate removal. We plan to have a detailed estimate for Town Meeting.

Article 5

To see if the Town will vote to raise and appropriate $31,000 to add to the following Expendable Trust Funds previously established.

Forest Fire Labor ET              $5,000

Town Buildings ETF            $20,000

Technology ETF                      $6,000

The Select Board and the Budget Committee recommend this article.

The current balance of each of these funds appears on page 16 of the Andover Town Report 2016.

The list above includes three Expendable Trust Funds that the town adds to each year. Forest Fire Labor ETF helps cover costs when other towns are called in to help fight brush fires. The Select Board is asking for an additional $10,000 for the Town Buildings ETF this year. Two outside doors need replacing, the ramp to the library entrance needs to be rebuilt, and the interior of the Town Offices needs repainting.

The Technology ETF covers computer and copier needs for the Town Office and Police Department.

Article 6

To see if the Town will vote to raise and appropriate the sum of $30,000 for the purchase and installation of granite posts and chain for the Lake View Cemetery to be purchased in 2017. The Select Board recommends this article. The Budget Committee does not recommend this article.

Article 7

To see if the Town will vote to establish a Lake View Cemetery Fence Capital Reserve Fund under the provisions of RSA 35:1 for fence at the Lake View Cemetery, and further to raise and appropriate the sum of $15,000 to be placed in this fund. Further, to name the Cemetery Trustees as agents to expend from said fund. This article will be moved only if Article 6 fails. The Select Board and the Budget Committee recommend this article.

The Cemetery Committee has been working on plans to replace the old pipe fence that bordered Lake View Cemetery in East Andover, ever since the State rerouted Rt. 11 at Cemetery Corner in 2009. The Committee is recommending the fence to help maintain a boundary, keeping snowmobilers and others on the outside of the cemetery. The Committee is presenting two Warrant Articles, so the town can decide if they want to fund the new fence in one year or two.

Article 8

To see if the Town will vote to establish a Fourth of July Celebration Expendable Trust Fund per RSA 31:19-a, for the 2017 Celebration and to raise and appropriate $10,000 to put in the fund, with this amount to come from taxation; further to name the officers of the Fourth of July Committee as agents to expend from said fund. This appropriation will replace the door-to door canvassing previously done to raise funding. The Select Board recommends this article. The Budget Committee does not recommend this article.

The Fourth of July Committee wants the voters to weigh in on this proposal. The committee is having difficulty finding enough volunteers for the door-to-door canvasing and is looking for a solution.

Article 9

To see if the Town will vote to establish a contingency fund for the current year for unanticipated expenses that may arise and further to raise and appropriate $10,000 to put in the fund. This sum is to come from the Unreserved Fund Balance. Any appropriation left in the fund at the end of the year will lapse to the general fund. The Select Board and the Budget Committee recommend this article.

The fund may be used by the Select Board during the fiscal year to meet the cost of unanticipated expenses that may arise during that year and are not otherwise provided for in the budget. The fund may not exceed one percent of the amount appropriated by the town during the preceding year, excluding capital expenditures and debt service. A detailed report of all expenditures from the contingency fund must be made each year by the governing body and published in the annual report. RSA 31:98-a; RSA 32:11, VI.

Article 10

To see if the Town will vote to raise and appropriate the sum of $15,000 for the purpose of upgrading the energy system of the Town Office/Town Library Building. Energy upgrade will include the purchase and installation of an energy efficient heat pump system providing heat, air conditioning, and ventilation. The $15,000 will come from previously established funds: $10,000 from the Town Building Maintenance ETF and $5,000 from the Unassigned Fund Balance. Upon completion of the project, a rebate of $3,369 from NHEC will go to the General Fund. This is a tax-neutral article.

The Select Board and the Budget Committee recommend this article.

Article 11

Shall the Town vote to authorize the Select Board to negotiate and execute agreements, including a 20-year license (with possible extensions up to 30 years), with Revision Energy of Portland, Maine, and to take actions and execute documents reasonably related thereto, necessary to facilitate a Power Purchase Agreement for a solar energy system that will serve the Town of Andover Town Offices? This is a tax-neutral article.

The Select Board and the Budget Committee recommend this article.

Article 12

To see if the Town will vote to raise and appropriate the sum of $2,000 for the facilitating of the Power Purchase Agreement for a solar system to serve the Town of Andover Town Offices. This sum is to come from the Town Buildings Expendable Trust Fund, previously established, and no amount will come from taxation. The Select Board and the Budget Committee recommend this article.

Article 13

To see if the Town will vote to establish an Expendable Trust Fund pursuant to RSA 31:19 for the purpose of funding a solar energy system for the Town of Andover Town Offices, and to raise and appropriate the sum of $2,954 to be placed into the fund. These funds will come from the Unassigned Fund Balance, therefore the article is tax-neutral. Further, to name the Select Board as agents to expend from said fund.

The Select Board and the Budget Committee recommend this article.

Note: Each year for six years we will ask to raise and appropriate $2,954 from the Unassigned Fund Balance to be placed into this fund at which point the Town will have the option to purchase the system for its then discounted value of $17,724.

Articles 10, 11, 12, and 13 all deal with the energy upgrades to the Town Office building. Article 10 funds the purchase of the HVAC system.

Articles 11, 12, and 13 are for the solar panels, and they all go together. Article 11 authorizes the Select Board to finalize the agreement with ReVision to install and operate the panels and give the Town the discounted power the panels produce; this is referred to as a Power Purchase Agreement.

Article 12 authorizes an allowance of $2,000 from the Town Building Maintenance Expendable Trust Fund to cover the NHEC charges. Article 13 sets up a dedicated fund to accumulate six yearly installments of $2,954 from reserves for the optional purchase of the system.

No new taxes will be raised to complete these projects. Funding will come from the previously established Town Building Capital Reserve Fund and the Unassigned Fund Balance.

A detailed article on the energy upgrade can be found in the February Beacon starting on page 3. A summary article appears in the March Beacon.

Article 14

To see if the Town will vote to raise and appropriate $620,000 to fund the Morrill Hill Road Bridge replacement. This project qualifies for State Bridge Aid Funds, the State reimbursing the Town for 80% of the total cost. Funding for this project will come from the previously established funds: $179,888 from the Morrill Hill Road Bridge CRF and the remaining $440,112 from the Unassigned Fund Balance. The 80% reimbursement from the State will be returned to the Town’s General Fund.

The Select Board and the Budget Committee recommend this article.

(The Town voted to fund this project in 2009, at an estimated cost of $420,000. Those funds have not lapsed, per RSA 32:7-IV, which states that money raised to be refunded by state or federal grants is non-lapsing. The town’s 20% portion of the project will be $124,000, but because of “gross budgeting”, we must raise and appropriate the full amount.)

Morrill Hill Road Bridge is finally on schedule for replacement in 2017. The total project cost has gone up since 2009 due to changes in construction standards and stream crossing models. Due to the complexity of this project, the culvert opening must be enlarged and the angle of the opening repositioned, as well as complete replacement of abutments and bridge structure, so going through the State Bridge Aid Program is the most economical way to replace this bridge. No new taxes need to be raised to cover the town’s 20% portion of the project.

Article 15

To see if the Town will vote to adopt RSA 41:14-a The Acquisition or Sale of Land, Buildings, or Both:

If adopted in accordance with RSA 41:14-c, the Select Board shall have the authority to acquire or sell land, buildings, or both; provided however they shall first submit any such proposed acquisition or sale to the Planning Board and to the Conservation Commission for review and recommendation by those bodies, where a board or commission or both exist. After the Select Board receives the recommendation of the Planning Board and the Conservation Commission, where a board or commission or both exist, they shall hold two public hearings at least 10 but not more than 14 days apart on the proposed acquisition or sale; provided, however, upon the written petition of 50 registered voters presented to the Select Board, prior to the Select Board’s vote, according to the provisions of RSA 39:3, the proposed acquisition or sale shall be inserted as an article in the warrant for the Town Meeting. The Select Board’s vote shall take place no sooner than neither 7 days nor later than 14 days after the second public hearing which is held.

II. The provisions of this section shall not apply to the sale of and the Select Board shall have no authority to sell:
(a) Town-owned conservation land which is managed and controlled by the Conservation Commission under the provisions of RSA 36-A.
(b) Any part of a Town Forest established under RSA 31:110 and managed under RSA 31:112.
(c) Any real estate that has been given, devised, or bequeathed to the Town for charitable or community purposes except as provided in RSA 498:4-a or RSA 547-D-d.

This is a “housekeeping” article which, if voted for, will remain in effect until rescinded by a vote at a future Town Meeting. The RSA allows a town to take advantage of opportunities to purchase or sell real estate to benefit the town, without having to wait for Town Meeting. However, as the RSA states, the Planning Board and Conservation Commission must recommend the transaction and then two public hearings must be held. There is also opportunity for voters to petition the Select Board to vote on the transaction in a warrant article at Town Meeting. The town’s need for a larger Police Station has prompted the Select Board to adopt this RSA.

Article 16

To see if the Town will vote to adopt the revised Noise Ordinance.

The Revised Noise Ordinance can be read here. A committee was formed with community members and the Police Chief to revise the ordinance using models from surrounding towns and paring it down to make it more practical and suitable for Andover. The committee received helpful feedback and suggestions at the public hearing in January. The main purpose of the ordinance is to protect the public from loud, prolonged, and unnatural noise at night between the hours of 10:30 PM and 7 AM, Monday through Saturday, and 8 AM on Sundays. Exceptions are listed and reasonable enforcement is included.

Article 17

To see if the Town will vote to establish an Expendable Trust Fund for general cemetery maintenance and cemetery improvements under the provisions of RSA 31:19-a. The income and principal in said fund to be totally expendable at the discretion of the Cemetery Trustees for all legal cemetery purposes, and to direct that all income from the sale of cemetery lots in Andover be deposited in said fund.

Currently, for all of the cemetery accounts but one, held by the Trustees of Trust Funds, only the interest can be spent, and it is apportioned annually based on what is available and the cost of cemetery lot maintenance. Because interest rates have been so low in recent years, the Town has not received much from this source because the principal cannot be invaded.

Therefore, the Cemetery Committee is asking to set up an Expendable Trust Fund pursuant to RSA 289:2-a, Funds Received from Sale of Cemetery Lots. Upon the sale of cemetery lots, the legislative body may, at any annual or special meeting, vote to determine whether funds received from such sale shall be deposited in the General Fund of the Town as a sale of Town property, or deposited with the Trustees of Trust Funds for the maintenance of cemeteries under RSA 31:19-a.

Article 18

Shall the town adopt the “all veterans property tax credit” under RSA 72:28-b? If adopted, the credit will be available to any resident, or the spouse or surviving spouse of any resident, who (1) served not less than 90 days on active service in the armed forces of the United States and was honorably discharged or was an officer honorably separated from service, and (2) is not eligible for and not receiving the credit for veterans who served in a qualifying war or armed conflict or for veterans with a service-connected disability.

If adopted, the credit will be in the amount of $500, which is the same amount as the credit for a veteran who served in a qualifying war or armed conflict. If the credit is adopted, any person desiring to claim the credit will be required to file an application with the Select Board or the assessors by April 15 of the tax year.

Adopting this RSA, which the legislature passed in 2016, expands the scope of recognizing veterans by allowing a tax exemption for all honorably discharged veterans and their spouses.

Article 19

To see if the Town will vote pursuant to RSA 41:11-a to authorize the Select Board to lease town-owned property located at 640 Main Street, Andover, NH (also shown on the Town of Andover Tax Maps as Map 28, Lot 90-242), for longer than one year, with an initial term for five years plus four five-year extensions, to Bell Atlantic Mobile Systems of Allentown, Inc., d/b/a Verizon Wireless and to further authorize the construction and installation of a new personal wireless service facility (“PWSF”) on the property, subject to obtaining all necessary approvals and subject to such other business terms determined by the Select Board to be in the best interests of the Town, including but not limited to an annual rental of market value with market rental escalators and adjustments and subject to the taxation authority of the Town for non-governmental use of governmental land and to authorize the Select Board and/or Town Administrator, as duly authorized by the Select Board, to take any action necessary to carry out this vote.

The Select Board recommends this article.

Representatives from Verizon Wireless discussed with the Board their interest in putting a cell tower on the Transfer Station property at the approximate location of a previously existing tower.

The parcel to be leased is typically a 100’ x 100’ (10,000 square feet) plot along with an access road. Verizon will have several representatives at Town Meeting along with a PowerPoint presentation and other information for residents’ questions and concerns.

Procedurally, once the Town approves the warrant article, Verizon will then negotiate the lease with the Town. When a lease is signed, then Verizon will go to the Zoning Board of Adjustment for a special exception and any variances. When those are granted, then Verizon will proceed to the Planning Board for Site Plan approval.

The Town will receive a monthly lease fee from Verizon along with a percentage of the revenue collected from other carriers using the tower. The Zoning Ordinance indicates the maximum height of the pole is 100’. That height pole can accommodate approximately three other cell carriers along with space for Andover Emergency Medical Service to place their whips and repeaters.

However, if Verizon proposed an additional 20’ height variance on the pole and it is granted, there will be room for additional sub-leases and thus additional revenue for Andover.

Article 20

(By petition) To raise and appropriate $150,000 for a Town backhoe/loader and accessories.

Article 21

(By petition) To see if the Town will vote to authorize the Select Board to extend road off of Monticello Road Class V rating, east no farther than required by zoning to allow a home to be built on Lot 018-410-483. All improvements would be to Town standards, but all costs would be paid without use of any Town funds.

Article 22

To see if the Town will vote, pursuant to RSA 321:45, to discontinue the public right-of-way previously given the State of New Hampshire and turned over to the Town when Route 11, shown on Project #13349, was completed in 2009. This right-of-way crosses the property owned by Karen Forsberg near Lake View Cemetery.

This right-of-way no longer exists as a road, since the project was completed by the State in 2009. Since the old road crossed the property of the abutter, the formal discontinuation is required for real estate transaction purposes for the abutter.

Article 23

To transact any other business that may legally come before this meeting.