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Home My WebLink About2016-09-26 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES September 26, 2016 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:03PM at the School Administration Building Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Tracy Watson, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 25 members of the public were in attendance. PLEDGE OF ALLEGIANCE Eagle Scout, Francis Hearst, led the pledge of allegiance. APPROVAL OF MINUTES: Tracy Watson made a MOTION, seconded by Phil DeCologero, to approve the Executive Session Minutes of May 23, 2016 and September 12, 2016 and the Open Session Minutes of September 12, 2016. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Swearing In Fire fighters Nic Paddellaro and Sean Powers were sworn in by Town Clerk, Joyce Bradshaw. CONSENT ITEMS: Accept donation of kiosk from Eagle Scout Francis Hearst (taken out of order) Francis Hearst described his Eagle Scout Project and ask the Board to accept his donation of a kiosk that he built and installed at the base of the trail at the Stevens Estate. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen accept the donation of a kiosk from Eagle Scout Frankie Hearst. Vote approved 5-0. Columbia Gas requests permission to excavate Main Street from Waverly Road to 70 Main Street for the purpose of installing new gas line (taken out of order) Kyle Benoit from Columbia Gas was present to answer any questions regarding their request to excavate on Main Street. Donald Stewart made a MOTION, seconded by Tracy Watson that the Board of Selectmen approve the request of Columbia Gas to excavate on Main Street from Waverly Road to 70 Main Street. Vote approved 5-0. INTERVIEWS FOR TOWN COUNSEL: Chairman Richard Vaillancourt explained the process that has taken place over the last few months in the search for in house Town Counsel. The three candidates were recommended by the selection subcommittee after reviewing 25 resumes and interviewing 6 candidates. Eitan Goldberg was interviewed first. Mr. Goldberg gave an overview of his background and answered questions from the Board. After interviewing Mr. Goldberg, the board took up the following Consent Items while they waited for the second candidate to be brought in. CONSENT ITEMS (continued): Request to surplus equipment-IT Department(taken out of order) As per town policy regarding surplus equipment, IT Director, Chris McClure, submitted a request to surplus IT equipment from various departments. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of IT Director, Chris McClure to surplus equipment listed in his memorandum dated September 12, 2016. Vote approved 5-0. Board of Selectmen Minutes September 26, 2016 2 Accept donation from Wheelabrator Technologies in the amount of$10,000 to be used for Trauma Intervention Program Services (taken out of order) Wheelabrator has once again generously donated $10,000 to the Town to cover the cost of the Trauma Intervention Program of Merrimack Valley agency fee for North Andover. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen accept the donation of$10,000 from Wheelabrator Technologies to be used for payment of the Town's agency fee to Trauma Intervention Program of Merrimack Valley. Vote approved 5-0. INTERVIEWS FOR TOWN COUNSEL (continued): Suzanne Egan gave a summary of her background and answered questions from the Board. The Board took a break while they waited for the final candidate to be brought in. Colleen Marie Mejia provided the Board with information about her background and answered questions from the Board. Chairman Vaillancourt invited Superintendent Jennifer Price and School Committee Chairman Brian Gross to speak. They indicated they were happy with the process and would be happy with any one of the three candidates. CONSENT ITEMS (continued): Vote to appoint Town Counsel Donald Stewart indicated he doesn't agree with the hiring of in house town counsel because of the cost. Rosemary Smedile indicated she prefers a person with town experience and that it is more cost effective to have outside counsel. Phil DeCologero made a MOTION, seconded by Tracy Watson that the Board of Selectmen appoint Suzanne Egan as Town Counsel, subject to the Chairman and Town Manager negotiating a salary not to exceed the range provided in the posted job description. Vote approved 3-1-1. Ms. Smedile voted against. Mr. Stewart abstained. Vote to approve revisions to Lake Cochichewick Boating Regulations (taken out of order) Included in the packets were revisions to the Lake Cochichewick Boating Regulations proposed by the Lake Study Group. Bruce Thibodeau and Peter Boynton were present to review the changes and answer any questions. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the revisions to the Lake Cochichewick Boating Regulations as presented. Vote approved 5-0. Tracy Watson left the meeting at 8:40PM. Vote to approve the Aggregation Plan to be submitted to the MA Department of Public Utilities Included in the packets was the Aggregation Plan provided by the Town's consultant, Colonial Power Group, Inc. The plan was posted for public review and comment on the website and in the Town Clerk's office for 3 weeks as required by the Massachusetts Department of Public Utilities (DPU). Two comments from residents were received. One stating he is against the Plan and the other asking about whether the R2 rating discount will still apply, which it will. The Board needs to approve the plan before it can be sent to the DPU for approval. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the Aggregation Plan prepared by Colonial Power Group, Inc. Vote approved 4-0. Request of North Andover Police Department to exclude heavy trucks from Greene Street The North Andover Police Department is requesting the Board vote to exclude heavy trucks from Greene Street due to the new configuration of the intersections. DPW reviewed and supports the request. The Board was concerned with emergency vehicle access and where trucks would be rerouted. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen allow the Town Manager to engage TEC to conduct a study of Greene Street and submit study to the Board of Selectmen Minutes September 26, 2016 3 Board for approval prior to sending to Massachusetts Department of Transportation. Vote approved 4-0. Approval to enter into agreement in excess of three years-PILOT and net metering credit agreement with Osgood Solar, LLC Included in the packets was an update of the solar projects in town along with a Memorandum of Understanding between the Town and Osgood Solar, LLC. The Board was asked to approve the terms of the PILOT Agreement and the Net Metering Credit Agreement and authorize the Town Manager to sign the agreements. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, the Board of Selectmen approve the PILOT Agreement between the Town and Osgood Solar, LLC pursuant to Article 27 of the 2015 Annual Town Meeting and authorize the Town Manager to sign the PILOT Agreement for a term of 20 years and approve the Net Metering Credit Agreement between the Town and Osgood Solar, LLC pursuant to Article 29 of the 2015 Annual Town Meeting and authorize the Town Manager to sign the Net Metering Credit Agreement for a term of 25 years, both in accordance with the terms of the Memorandum of Understanding dated September 20, 2016. Vote approved 4- 0. Request of Ray Santilli, Assistant Town Manager, to mark four parking spaces in front of Town Hall as short-term parking for Town Hall business only When Town Hall is completed there will be four parking spaces in front on Main Street. Assistant Town Manager, Ray Santilli, asked the board to designate those four spaces as short term parking for Town Hall business only. Phil DeCologero made a MOTION seconded by Donald Stewart that the Board of Selectmen designate the four spaces in front of Town Hall on Main Street as "20 minute parking for Town Hall business only". Vote approved 4-0. Appointments As requested by the Board, an RFP is being drafted to solicit proposals for Special Counsel. Until such time as the Town has had a chance to assess the needs of the community, taking into account the hiring of in house counsel, the Town Manager is recommending the Special Counsel appointments be extended through the end of the fiscal year. Special Counsel Appointment through June 30, 2017-Urbelis & Fieldsteel, LLP Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the appointment of the firm of Urbelis & Fieldsteel, LLP as Special Counsel through June 30, 2017. Vote approved 4-0. Special Counsel Appointment through June 30, 2017— Kopelman & Paige, P.C. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the appointment of the firm of KP Law as Special Counsel through June 30, 2017. Vote approved 4-0. Special Counsel Appointment through June 30, 2017 —Collins, Loughran & Peloquin Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the appointment of the firm of Collins, Loughran & Peloquin as Special Counsel through June 30, 2017. Vote approved 4-0. Stacey Leibowitz to the Commission on Disability Issues The Appointment Subcommittee is recommending Stacey Leibowitz be appointed to the Commission on Disability Issues. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the appointment of Stacey Leibowitz to the Commission on Disability Issues through June 30, 2019. Vote approved 4-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 4-0. Board of Selectmen Minutes September 26, 2016 4 Paul Gallant of Merrimack College requests a One Day All Alcohol License for a ground breaking ceremony on Friday, September 30, 2016 from 4:OOPM-9:OOPM at the Sanctuary Lounge Donald Stewart made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Merrimack College for a One Day All Alcohol License for a ground breaking ceremony on Friday, September 30, 2016 from 4:OOPM- 9:OOPM at the Sanctuary Lounge. Vote approved 4-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart to close a meeting of the North Andover Licensing Commission. Vote approved 4-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: None TOWN MANAGER'S REPORT: Ask the manager None Job posting/vacancy log The job posting/vacancy log was provided by the Human Resources Department. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 9:15PM. Vote approved 4-0. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of 5/2316 and 9/12/16 Resume of Eitan Goldberg Resume of Suzanne P. Egan Resume of Colleen Marie Mejia Electric Aggregation Plan Letter from Francis Hearst Request for truck exclusion Columbia Gas request Lake Cochichewick revised regulations IT Surplus list Memorandum of Understanding/Solar memo Letter/invoice from TIP Volunteer form Merrimack College request Job posting/vacancy log Certificate of Recognition OWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01545 Richard M.Vaillancourt, Chainnan Rosemary Connelly Smedile, Clerk TEL. (978)688-9510 Phil DeCologero FAX(978) 688-9556 Donald B. Stewart Tracy M.Watson BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,SEPTEMBER 26,2016 7:00 PM OPEN SESSION SCHOOL ADMINISTRATION BUILDING 566 Main Street L CALL TO ORDER IL PLEDGE OF ALLEGIANCE-Eagle Scout Candidate Frankie Hearst III. APPROVAL OF MINUTES A. May 23,2016 Executive Session Minutes,as written B. September 12,2016 Open Session Minutes,as written C. September 12,2016 Executive Session Minutes,as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Swearing In 1. Firefighter Nic Padellaro 2. Firefighter Sean Powers V. INTERVIEWS FOR TOWN COUNSEL A. Eitan Goldberg B. Suzanne P.Egan C. Colleen Marie Mejia VL CONSENT ITEMS A. Vote to appoint Town counsel B. Vote to approve the Aggregation Plan to be submitted to the MA Department of Public Utilities C. Accept donation of kiosk from Eagle Scout Frankie Hearst D. Request of North Andover Police Department to exclude heavy trucks from Greene Street E. Columbia Gas requests permission to excavate Main Street from Waverly Road to 70 Main Street for the purpose of installing new gas line F. Vote to approve revisions to Lake Cochichewick Boating Regulations G. Request to surplus equipment-IT Department H. Approval to enter into agreement in excess of three years-PILOT and net metering credit agreement with Osgood Solar,LLC L Request of Ray Santilli,Assistant Town Manager,to mark four parking spaces in front of Town Hall as short-term parking for Town Hall business only J. Accept donation from Wheelabrator Technologies in the amount of$10,000 to be used for Trauma Intervention Program services K. Appointments 1. Special Counsel Appointment through June 30,2017-Urbelis&Fieldsteel,LLP 2. Special Counsel Appointment through June 30,2017—Kopehnan&Paige,P.C. 3. Special Counsel Appointment through June 30,2017—Collins,Loughran&Peloquin 4. Stacey Leibowitz to the Commission on Disability Issues VII. LICENSING COMMISSIONERS A. Paul Gallant of Merrimack College requests a One Day All Alcohol License for a ground breaking ceremony on Friday, September 30,2016 from 4:OOPM-9:OOPM at the Sanctuary Lounge VIII. OLD BUSINESS IX. NEW BUSINESS X. PUBLIC COMMENT XL TOWN MANAGER'S REPORT A. "Ask the Manager" B. Job posting/vacancy log XII. NEXT MEETING DATE Strategic Planning Meeting-September 27,2016 Next regular meeting-Tuesday,October 11,2016 XIII. ADJOURNMENT BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES May 23, 2016 EXECUTIVE SESSION: The Executive Session convened at 6:00 p.m. ATTENDANCE: The following were present: Chairman Tracy Watson, Richard Vaillancourt, Rosemary Smedile, Phil DeCologero, Donald Stewart, Town Manager, Andrew Maylor, Assistant Town Manager, Ray Santilli, Executive Assistant Laurie Burzlaff and Town Counsel, Thomas Urbelis. M.G.L. Chapter 30A, §21(a)- reason#3 to conduct strategy session with respect to litigation and strategy session with respect to collective bargaining Attorney Urbelis briefed the Board on the lawsuit filed by Osgood Solar against the Planning Board. Attorney Urbelis also discussed a suit filed by National Refrigeration against the Town over a permit fee calculation. Assistant Town Manager, Ray Santilli, reviewed the status of the contract neg i" ions with four union groups-Public works, Clerical, Professional Librarians and Communication Officahs,. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Ric, Vaillancourt,,to move out df a cecutive session and into open session at 7:00 p.m. Roll calf,r6te: Vaillanaourt-yes, Smedile= 's, DeCologero-yes, Stewart-yes, Watson-yes. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documentstused,�iitfteetinq Memo frorti'tay Santilli BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES September 12, 2016 EXECUTIVE SESSION: The Executive Session convened at 6:45 p.m. ATTENDANCE: The following were present: Chairman, Richard Vaillancourt, Clerk, Rosemary Smedile, Phil DeCologero, Donald Stewart, Tracy Watson, Town Manager, Andrew Maylor, Assistant Town Manager, Ray Santilli and Executive Assistant Laurie Burzlaff. M.G.L. Chapter 30A, §21(a)- reason#3 to conduct strategy session with regard to collective bargaining Assistant Town Manager, Ray Santilli, provided copies of the collective bargatnjng agreement for the Public Works union and reviewed the changes. The Board will ratify the contract in open session. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to Move out of executive session and into open session at 7:00 p.m. Roll call vote; Watson-yes, S' dile-yes, DeCologero- yes, Stewart-yes, Vaillancourt-yes. Laurie A. Burzlaff Executive Assistant Rosemary Connally Smedile, Clerk of the Board Documents used at meeffna Public Works Collective Bargaining Agreement BOARD OF SELECTMEN MINUTES September 12, 2016 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 6:45PM at the School Administration Building Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Tracy Watson, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 15 members of the public were in attendance. EXECUTIVE SESSION: Rosemary Smedile made a MOTION, seconded by Phil Decologero that the Board of Selectmen enter into executive session for Reason No. 3 under MGL Chapter 3, A, Section 21(a) to conduct strategy session with regard to collective bargaining. Roll call vote;Stewart-yes, DeCologero-yes, Smedile-yes, Watson-yes, Vaillancourt-yes. Chairman Vaillancourt announced the Board will reconvene in open session at,;(h,e conclusion of executive session. The Board returned to open session at 7:OOPM PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Tracy Watson made a MOTION, secondd,by Rosemary S►tl dile, to approve the Open Session and Executive Session Minutes of August 10j,2016. Vote appted 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Update on Facilities Master Plan-classroom exOansion ' The Town Manager updated thee,Board about the classr4nm expansion'project which is part of the Facilities Master Plan. The,,Town hasttired an architect to do a feasibility study and they will explore the possibility of a kindergarten only facility,next to the Early Childhood Center. Other communications",ar d,announcerhents, The Merchant's Association,Pall Festivai is- teMber 24tH The North AnddverWomen s"' lub is sponsoring a 8�&n Dance with proceeds to benefit public safety. The Booster Club castrtd might is'October 1 st CONSENT ITEMS: Alex Parsons Tavlor Parsons;Xayla Do and Eric Dow request permission to use an area by the stage or near th('benches at the common for a Kindness Rock Project Alex Parsons`,( hgrade)Taylor Parsons (6th grade) and Kayla Dow (9th grade)were present to request permission to start a� Klndness`I ock Project at the Common. Eric Dow (6th grade) also submitted the request but could hot be,present. The Board suggested the Youth Center as more appropriate place for the project. Tracy Watson made a"Nl( TION, seconded by Rosemary Smedile, that the Board of Selectmen approve the Kindness Rock Project at the Youth Center. Vote approved 5-0. Martin Allen requests permission to use the Osgood Hill Trails on Saturday, November 5, 2016 from 9:OOAM to 1:OOPM for the North Andover XC Trophy Race Run/Walk Martin Allen of the Family Cooperative Preschool was present to request permission to use Osgood Hill trails on Saturday, November 5, 2016 from 9:OOAM-1:OOPM for the North Andover XC Trophy Race Run/Walk. All relevant departments reviewed the request and have no issues with the event. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the request of Martin Allen to use the trails, as presented, for the XC Trophy Race Run/Walk on Saturday, November 5, 2016 from 9AM-1PM. Vote approved 5-0. Board of Selectmen Minutes September 12, 2016 2 Appointments Donald Belanger-ADA Coordinator The Board needed to appoint a new ADA Coordinator to replace Gerry Brown who has retired. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the appointment of Donald Belanger as ADA Coordinator. Vote approved 5-0. Jeffrey Shepard-Festival Committee The Appointment Subcommittee recommended Jeffrey Shepard be appointed to the Festival Committee. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the appointment of Jeffrey Shepard to the Festival Committee for a term ending June 30, 2017. Vote approved 5-0. Ratification of Collective Bargaining Agreement between the Town of North Andover and AFSCME Council 93, Local 2978 (Public Works)for period July 1, 2016 through June3 ), 2019 Included in the packets was the contract between the Town and the Public Works union which has been ratified by the union. Tracy Watson made a MOTION, seconded by Donald Stewart,,that "hoard of Selectmen approve the collective bargaining agreement between the Town of North Andover"Ond AFSCME Council 93, Local 2978 (Public Works)for a period covering July 1, 2,01t,"through June"30�2019. Vote approved 5-0. Glen Alt, Water Treatment Plant Superintendent, regUts a waiver of all fees for the installation of a new generator at the Butcher Boy pump station Included in the packet was a memorandum from Glen Alt,""�ater Treatment Plant Superintendent, requesting the Board waive all fees associated with the insta"Ilatiorr of a new generator at the Butcher Boy pump station. Tracy Watson made a MOTION, seconded by Donald Stewart;,fhat the Board of Selectmen waive all fees associated with the installation ofi a,new generator at the;E etcher Boy pump station. Vote approved 5-0. Kelly Grasso requests permistlorr to use the ToWn Carhrribn on Satttrddy, September 17, 2016 to tie blue ribbons around trees Kelly Grasso and Emily"Klblt from the Dass State Poljoe Wives group were present to request permission to tie blue ribbons ort-trees and poles at,the common'"'_The group was previously given permission to put ribbons up around town:,fqr 30 days(until'October 3rd)" t were told they could not put them at the common. Rosemary Smedile made"a,-I C TION, second6dby'"tracy Watson, that the Board of Selectmen allow Kelly,,Grasso and Emily,K"it to tie blue ribbons around light poles at the common from Septerrtber 17, 2016 until Octo6,0 3,,2016. Vote approved 5-0. LICENSING COMMISSIONERS. Donald"Stewart made a MOTION, seco ded by Tracy Watson, to open a meeting of the North Andover Licensing Commiss . Vote approved 5-0. Paul Gallant of"Merrimack Coileae requests: One Day All Alcohol',Ucens6 for"a donor reception in the Dicroce Lobby Rocco Schelzi Plaza on Thursday, September`", b;290,16 from 4:30PM-10:30PM One Day Wine & Malt L c6nse for a performance at the Rogers Center on Friday, September 23, 2016 from 6:30PM-11:30PM One Day Wine & Malt License for a block party at SAK Campus Center parking lot on Friday, September 30, 2016 from 4:OOPM-11:OOPM Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commissioners, approve the requests of Merrimack College for one day licenses for events on September 151, September 231 and September 301 as presented. Vote approved 5-0. Board of Selectmen Minutes September 12, 2016 3 Requests for events at Smolak Farms: Epizyme requests a One Day Wine & Malt License for a corporate outing on Saturday, September 17, 2016 from 12:OOPM-5:000PM in the tent Class, Inc. requests a One Day All Alcohol License for an employee awards dinner on Friday, September 30, 2016 from 6:OOPM-10:OOPM in the tent Michael Lombard requests a One Day All Alcohol License for a corporate dinner on Thursday, October 6, 2016 from 4:OOPM-8:OOPM in the tent Heather Lofgren requests a One Day Wine & Malt License for a wedding reception on Saturday, October 8, 2016 from 4:OOPM-10:OOPM in the tent Merrimack Repertory Theatre requests a One Day Wine & Malt License fora cocktail party/fundraiser on Thursday, November 3, 2016 from 6:30PM-8:30PM in the barn Sheryl and Paul Sciaudone request a One Day All Alcohol License;,fora f1 reunion on Saturday, November 5, 2016 from 5:OOPM-10:OOPm in the barn Rosemary Smedile made a MOTION, seconded by Trac Watson, that the Boar ,of Selectmen, acting as Licensing Commissioners, approve the 6,66e day license requestsfo",,,events at Smolaks Farms on September 17, 2016, September0, 2016, October 6, 2016, October 8, 2016, November 3, 2016 and November 5, 2016, as presehlpd� Vote epprp'ved 5-0. Jamie Green Klopotoski of Ipswich Ale Brewery requests a C no00yWine & Malt License for an outdoor concert at the Stevens-Coolidge Place orr,l edhesday, Septernber'28, 2016 from 5:OOPM-7:OOPM Donald Stewart made a MOTION, seconded b,yRosemary Snredile, that the Board of Selectmen, acting as Licensing Commissioners, approve therequest of Jainie-Green Klopotoski of Ipswich Ale Brewery for a One Day Wine & Malt license for an outdoor conc'ert,at the Stevens Coolidge Place on Wednesday, September 28, 2016 froth 5-7PAA. dote a proved 5-0. Request of Bertucci's to expand houf§0f their entertainment license Tracy Watson made a'MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing;Commissioners, approve the,,fequest of Bertucci's to change the hours of their entertainment/iC ise to Mondavi Sunday frorn,11:00AM to 12AM. Vote approved 5-0. Donald Stewart made a M ,seconded byr,,Posemary Smedile, to close a meeting of the North Andover Licensing,Commis am Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Brian Birchall requested!the Board change trick or treat from October 31 st to the last Saturday in October. Chairman Vaillancourt ih0cated this matter would be on the agenda for their meeting on October 11, 2016. Stan Limpert thanked the participants of the 9/11 ceremony. TOWN MANAGER'S REPORT: The Board was provided with the monthly reports from the Fire Department, Police Department, Human Resources, Capital Projects, Library, Senior Center, Report it system, Building Department and legal services. Board of Selectmen Minutes September 12, 2016 4 ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:17 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of August 29, 2016 Letter regarding classroom expansion Kindness rock project request Trail run request Appointment memo Collective Bargaining Agreement Fee waiver request Blue ribbon request Merrimack College license requests Smolak Farm license request Ipswich Ale license request Bertucci's change of hours request Fire Department report Opiate overdose report Police Department report Job posting/vacancy log Capital projects report Library report " Senior Center report Report it report Building department report Legal services report Eitan Goldberg 57 Glenwood Street North Andover, MA 01845 617-833-9325 Eitan@goldberganddullea.com EDUCATION Georgetown University Law Center Washington, D.C. J.D. Class of 2005 Boston University Boston, MA B.A. Political Science and Psychology magna cum laude Class of 2002 EXPERIENCE 1/14-Present City of Beverly Assistant City Solicitor Municipal Attorney handling all manners of municipal practice, including but not limited to, litigation, appeals, advising the mayor, city council, and boards/commissions, drafting special legislation and ordinances. 1/11-Present Goldberg and Dullea,Attorneys at Law,P.C. Beverly, MA Partner, General Practitioner, General practice including criminal defense, contracts, class actions, landlord/tenant, civil litigation, family and probate, appeals. Significant litigation, motion and trial experience. 9/10-1/11 Law Offices of Eitan Goldberg, P.C. Wakefield, MA Solo Practitioner, Bar Advocate 1/06-9/10 Essex County District Attorney's Office Salem, MA Assistant District Attorney 1/06-2/07 Assigned to Lawrence District Court and Lawrence Juvenile Court. 2/07-7/07 Supervisor Gloucester District Court. 7/07-9/09 Assigned to Lynn District and Lynn Juvenile Court, Supervisor of Lynn Juvenile. 9/09-9/10 Supervisor of Lynn and Lawrence Juvenile Courts. 0 Includes presentments to Grand Jury and prosecution of Youthftil Offenders 0 Trial Experience- over 50 jury trials, 200+motions/bench trials BARS ADMITTED: • Massachusetts- January 2006 Federal District Court- Massachusetts- February 2012 • Practicing in Massachusetts District Court, Superior Court, Juvenile Court, Family and Probate Court, US District Court, Appeals Court, Supreme Judicial Court, Land Court. Suzanne P. Egan 155 Congress Street Amesbury MA 01913 (978)430-5510 eganspe(&gmail.com Professional Experience Assistant City Solicitor, 2015--present City of Newton, Massachusetts Provide legal advice and prepare documents regarding public records law, open meeting law, real estate development, public contracting, CDBG funding, affordable housing and community preservation funding agreements and land use matters. Litigate and manage liability claims, property damage issues, and, land use cases, including Chapter 4oB, special permits and zoning issues, and General Counsel, 2oo8-2015 City of Gloucester, Massachusetts Assistant General Counsel — Gloucester, Massachusetts, 1993-2oo8 Member of Senior Management Team. Advised mayor, city council, boards and commissions and department heads regarding all legal matters affecting the City of Gloucester including contracts, employment law, municipal law, administrative law, public records, procurement, ethics, open meeting law and litigation. Represented city officials, boards and commissions in state and federal courts and before administrative agencies. Reviewed and drafted ordinances and regulations enacted by the city council and boards and commissions in furtherance of their statutory authority. Negotiated, reviewed and prepared all legal documents, real estate transactions and complex permitting matters. Managed and hired outside counsel for complex litigation. Managed legal department staff. Associate, 1989-1992 Hill-Whilton &Rotondi, municipal/ general practice law firm, Newburyport, Massachusetts Provided legal advice to cities and towns regarding permitting issues, drafted ordinances, and litigated enforcement matters. Handled general litigation, tax title, bankruptcy, and personnel matters. Deputy Attorney, 1988-1989 State of California, Department of Transportation, San Francisco, California Litigated personal injury and general liability cases. Provided legal advice to public officials regarding eminent domain claims, personnel matters, and real estate issues. Education Juris Doctorate with Honors, 1988 Golden Gate University Law School, San Francisco, California Law Review, 1986-1988 Law Review Editor, Women's Law Forum, Golden Gate University Law Review, Volume 18, 1988 Student Author, Golden Gate University Law Review, Vinson v.Meritor Savings Bank, Title VII, Hostile Environment Sexual Harassment, Women's Law Review, 1987 American Jurisprudence Award, Criminal Procedure and Evidence Bachelor of Arts, 1983 Evergreen State College, Olympia,Washington Concentration Political Science PROFESSIONAL MEMBERSHIPS Real Estate Bar Association Massachusetts Municipal Lawyers Association Massachusetts Bar Association Town of Amesbury, Conservation Commission, 2014-present Town of Amesbury, Zoning Board of Appeals, 1997-2005 LICENSES Commonwealth of Massachusetts United States District Court,Massachusetts United States Bankruptcy Court, Massachusetts United States District Court,Northern District California Appellate Court Decisions Foote v. Gale, 8o Mass.App. Ct. 952 (2011) Eastern Point v. City of Gloucester, 74 Mass.App.Ct.81 (2009) Bell v. City of Gloucester, 429 Mass. 551 (1999) Crowley v. City of Gloucester, 75 Mass. App. Ct. 1102 (2oo9)further app. review denied 455 Mass. 1104 (2009) Town of Essex v. City of Gloucester, 81 Mass. App. Ct. 1139 (2012) COLLEEN MARIE MEDIA, ESQ. 11 Wright Street North Reading,Massachusetts 01864 L]617-833-3564LJcolleen.meiia.esg(a gmail.com ADMISSION Massachusetts COURTS Massachusetts Supreme Judicial Court; United States District Court, District of Massachusetts PROFESSIONAL EXPERIENCE City ofEverett Law Department 9/2002-Present 01/2008-Present City Solicitor 09/2002-01/2008 Assistant City Solicitor Responsible for overseeing attorneys and support staff, department budget which includes salaries, office supplies, risk management and all claims and litigation costs Lead negotiator on collective bargaining agreements and other labor agreements with various unions including the Everett Police Patrolmen's Association, Everett Police Superior Officer's, Everett Firefighters,Teamsters Local 25, SEIU and Library Association. Appointed as a hearing officer for union and civil service grievances, disciplinary hearings,provide advice and counsel to managers concerning contract interpretation and administration, employee discipline,union grievances and a variety of other labor and employment law matters Appear on behalf of City in front of Civil Service Commission, Division of Labor Relations, Joint Labor Management Commission and American Arbitration Association in all employment matters Lead advisor to the mayor, city government and representatives of the city in all matters of law including working closely and advising Human Resources on FMLA, ADA and other labor related issues; land use and complex zoning issues Prosecute all actions and other legal proceedings and suits begun by the city or by any officer thereof, and defend all actions and suits brought against the city or any of its officers in any court or other tribunal of the Commonwealth or of the United States Furnish the mayor, the city council or any committee of the city council, or any administrative board, commission or officer with a legal opinion upon any subject involving their respective offices Work closely with outside counsel on various issues including litigation through insurance claims, complex issues of law that would require certain expertise or concentration in the practice of the legal issue Support the city council in the areas of drafting ordinances,reviewing proposed ordinances for legal sufficiency and providing legal advice and opinion on existing ordinances and statutes. Serves at City's risk manager for liability insurance by identifying,measuring and managing insurable or hazard risks, developing reports and plans, and analyzing risk/insurance problems and defining and/or overseeing the implementation of the risk solutions that help optimize operations of the city Mitigates City's exposure to risk by formulating, developing, and coordinating all claims- related activities, as well as resolving claims at the least possible cost through various risk transfer techniques. Work directly with insurance carrier to ensure the proper and efficient handling of claims, gathering data on claims for both record keeping and loss forecasting purposes, and estimating the financial value of claims. COLLEEN MARIE MEDIA, ESQ. 11 Wright Street North Reading,Massachusetts 01864 LL617-833-3564LL colleen.meiia.esg(a gmail.com ADMISSION Massachusetts COURTS Massachusetts Supreme Judicial Court; United States District Court, District of Massachusetts PROFESSIONAL EXPERIENCE (continued) Colleen M.Melia,Esq. 06/1997-09/2002 Attorney Practiced criminal defense such as: communicating with clients on a regular basis, drafting various discovery motions, arguing motions, attending hearings, and negotiations Drafted various contracts for small businesses such as: organizing bids ranging from $500.00 to $1,000,000.00, drafting leases, and overseeing general business activities Involved in personal injury cases: interviewing injured parties,reviewing medical records, drafting letters to medical professional and insurance companies, drafting demand packages on behalf of injured, and negotiations with insurance companies EDUCATION Massachusetts School ofLaw Juris Doctor Andover MA 01810 Merrimack Colleze Bachelor of Arts, North Andover MA 01845 Political Science COMMISSIONS/COMMITTEES 2002 present Chairperson Shute Library Renovation Committee 2004-present Member-Blue Ribbon Panel City of Everett Zoning Ordinance Rewrite Study 2008-present Member-Mystic Valley Development Commission 2010-present Member- Old Everett High School Building Re-Use Committee 2013-present Member-Everett Central Waterfront Municipal Harbor Plan Advisory Committee REFERENCES Furnished upon request • t�t� 'i� • 1 r I, AGENDA COVER MEMORANDUM To: Board of Selectmen Thiru; Andrew W. Maylor 1 From; Laurie Burzlaff, ILxecutive Assistant Date: September 21, 2016 Re: Electric Aggregation Plan The next step for implementation of electric aggregation for the Town is for the Board to approve the Aggregation Plan which will be sent to the State for approval.The plan was pasted for public comment on our website and available in the Town Clerk's office for 3 weeks.The Town received two comments about the plan, i f, North Andover Officials Have Released the Town's Community Choice Power Supply Program Aggregation Plan The Town of North Andover developed the Aggregation Plan in compliance with Massachusetts law regarding public aggregation of electric consumers. It contains required information on the structure, operations,services, funding, and policies of the Town's Plan. The Plan has been developed in consultation with the Town's aggregation implementation consultant, Colonial Power Group, Inc. (CPG)and the Massachusetts Department of Energy Resources (DOER). The purpose of this Plan is to represent consumer interests in competitive markets for electricity. It seeks to aggregate consumers in the Town to negotiate rates for power supply. It brings together the buying power of more than 28,000 consumers. Furthermore, the Town seeks to better manage energy prices. Participation is voluntary for each eligible consumer. Eligible consumers have the opportunity to decline service provided through the Plan and to choose any Competitive Supplier they wish. The Town has distributed this Plan for public review prior to submitting it to the Massachusetts Department of Public Utilities. Public Review and Comment Period The Town of North Andover's Aggregation Plan is available for public review and comment from Tuesday,August 23, 2016,at 9 a.m.through Tuesday,September 13,2016,at 5.00 p.m. Any person who desires to comment may do so in person at the Town Clerk's office or submit written comments using one of the following methods: (1) by e-mail to towninanaRer tiorthandoverma.gov;or(2) by postal mail to the address below, Comments must be clearly marked Town of North Andover's Aggregation Plan and must be received (not postmarked) by the end of the comment period in order to be addressed. Andrew W. Maylor Town Manager Town of North Andover 1600 Osgood Street, Suite 2043 North Andover, MA 01845 Any questions pertaining to this should be directed to Andrew Maylor,Town Manager at(978) 688-9510. Click here to read the Town of North Andover's Aggregation Plan.An original hardcopy of the Plan is also available at the Town Clerk's office. • y��'SI r"n 146.,,. � • s Y TOWN OF NORTH ANDOVER COMMUNITY CHOICE POWER SUPPLY PROGRAM AGGREGATION PLAN PREPARED BY COLONIAL POWER GROUP, INC, PURPOSE OF THE AGGREGATION PLAN The Town of North Andover ("Town") developed this Aggregation Plan ("Plan") in compliance with Massachusetts law regarding public aggregation of electric consumers. It contains required information on the structure, operations, services, funding, and policies of the Town's Plan. The Plan has been developed in consultation with an aggregation implementation consultant (Consultant), initially Colonial Power Group, Inc. (CPG) and the Massachusetts Department of Energy Resources (DOER). The purpose of this Plan is to represent consumer interests in competitive markets for electricity. It seeks to aggregate consumers in the Town to negotiate rates for power supply. It brings together the buying power of more than 28,000 consumers. Furthermore, the Town seeks to take control of energy prices. Participation is voluntary for each eligible consumer. Eligible consumers have the opportunity to decline service provided through the Plan and to choose any Competitive Supplier they wish. Based on enrollment figures from previous community aggregations, CPG anticipates that 97% of the eligible consumers will participate. The Town has distributed this Plan for public review prior to submitting it to the Massachusetts Department of Public Utilities ("Department"). TABLE OF CONTENTS 1. The Process of Municipal Aggregation............................................................................... 1 2. North Andover's Community Choice Power Supply Program 2.1 Organizational Structure.............................................................................................2 2.2 Operational Levels...................................................................................................2-4 2.3 Operations...................................................................................................................4 2.4 Staffing and Manpower...........................................................................................4-5 3. Funding................................................................................................................................5 4. Activation and Termination 4.1 Activation ................................................................................................................5-9 4.2 Termination ...........................................................................................................9-10 5. Methods for Entering and Terminating Agreements......................................................... 10 6. Rate Setting, Costs, and Billing 6.1 Rate Setting--................... .................................................................................10-11 6.2 Costs ......................................................................................................................... 11 6.3 Billing..................................................................................................................11-12 7. Universal Access ..........................................................................................................12-13 8. Equitable Treatment of Ratepayers ................................................................................... 13 9. Reliability .......................................................................................................................... 13 10. Rights and Responsibilities of Participants 10.1 Rights........................................................................................................................ 14 10.2 Responsibilities......................................................................................................... 14 11, Benefits of Municipal Aggregation 11.1 Participation in Competitive Market ........................................................................ 14 11.2 Selection of Alternate Supplier................................................................................. 14 11.3 Indemnification and Risk Associated with Competitive Market.........................14-15 11.4 Renewable Energy Certificates ................................................................................ 15 11.5 Other Protections...................................................................................................... 15 12. Requirements Concerning Aggregated Service............................... ................................. 15 REQUIREMENTS FOR MUNICIPAL AGGREGATION The Massachusetts Electric Utility Restructuring Act of 1997 ("Restructuring Act") contains several requirements for municipal aggregators. One requirement is to develop an aggregation plan in consultation with the DOER. The Plan is subject to review by consumers in the participating municipality and approval by the Department. 1 THE PROCESS OF MUNICIPAL AGGREGATION Municipal aggregation involves a multi-step public process as follows: 1.1 Vote and Authorization to become a Public Aggregator 1.2 Development of Plan in Consultation with DOER 1.3 Review of Plan by Town Manager, Board of Selectmen and Consumers 1.4 Vote on Plan by Board of Selectmen 1.5 Submission of Plan for Department Approval 1.6 Public Hearing on Plan by Department 1.7 Selection of Date for Receipt of Price Terms from Competitive Suppliers 1.8 Selection of Competitive Supplier by Town Manager 1.9 Notification of Enrollment for Eligible Consumers 1.10 Beginning of Opt-Out Period (30 days prior to first service date) 1.11 Transfer of Participating Consumers to Competitive Supplier In addition to this process, municipal aggregators must comply with open meeting laws, ethical rules, and certain public bidding and information requirements. 1 '' 2 NORTH ANDOVER'S COMMUNITY CHOICE POWER SUPPLY PROGRAM The Town offers one program to achieve its goals: North Andover's Community Choice Power Supply Program ("Program"). The Program provides professional representation on behalf of consumers in state proceedings and in regional or local forums to protect consumer interests in an evolving marketplace. The Program is designed to offer competitive choice to eligible consumers and to gain other favorable economic and non-economic terms in service contracts. The Town does not buy and resell power, but represents consumer interests to set the terms for service. Through a competitive bid and negotiation process, the Town develops a contract with a Competitive Supplier for firm, all-requirements service. The contract runs for a fixed term. The process of contract approval contains checks and balances. Once the contract has been negotiated by the Town's agent, it must be submitted to the Town Manager for approval. And lastly, eligible consumers may opt-out of the Program, and select Basic Service or power supply from any other Competitive Supplier they wish at any time before or following their enrollment in the Town's Program. No eligible consumer is required to receive service under the Town's contract. [See Section 4.1.6 for detailed information on the opt-out process.] 2.1 ORGANIZATIONAL STRUCTURE The Town's government is led by a five person Board of Selectmen. Daily operations are overseen by a Town Manager. Town elections are held the last Tuesday in March. The Board of Selectmen is composed of five members elected for three year terms. They meet every second and fourth Monday evening at 7:00 P.M. at Town Hall. They may also hold other meetings from time to time. The Board of Selectmen acts as the Town's Chief Executive Body responsible for the general welfare of the community. Specific powers and responsibilities of the Board of Selectmen are set forth in the Town Charter. The operational role of the Town and its agent in relation to consumers is outlined and described in the following pages. 2.2 OPERATIONAL LEVELS There are five operational levels to the Town's Program as follows: 2.2.1 Level One: Consumers Consumers hold the ultimate authority over the Program and its functions. They can elect candidates for the Board of Selectmen who may take positions regarding the Program. They can 2 participate in local and regional meetings and hearings regarding issues related to restructuring in general and the Town's Program in particular. And they can attend meetings to express their views. Every eligible consumer in the Town may participate in the Town's Program. All eligible consumers will also have the ability to decline service through the Competitive Supplier and choose any other power supply option they wish or remain with the Local Distributor, National Grid (NGRID). Eligible consumers who are dissatisfied with services provided under the contract negotiated by the Town may also communicate directly with the Competitive Supplier or the Consultant retained by the Town to assist with the implementation of the Plan via e-mail or toll-free telephone number in an effort to alter or otherwise improve service. Eligible consumers may also opt-out at any time by contacting the Competitive Supplier. Eligible consumers may also bring issues before the Board of Selectmen. 2.2.2 Level Two: Board of Selectmen Based upon its existing authority or authority provided by voters at Town elections, the Board of Selectmen may act on program and policy issues and contract recommendations. In addition, it may provide instructions to the Town's agent regarding specific policy or program decisions to be made under the Program. It may also raise issues directed to it by consumers for the Town to address. 2.2.3 Level Three: Town Manager The Town Manager carries out the collective decisions and instructions of the Board of Selectmen and participating consumers. 2.2.4 Level Four: Consultant As the Town's agent, the Consultant shall provide the day-to-day management and supervision of the business affairs of the Program under a contract agreement. The Consultant shall serve as the Town's procurement agent, utilizing its existing staff to solicit services as requested by the Town. In addition, the Consultant provides office space and administrative support to coordinate the Program's operations. This administrative support includes: • communications; • program development; • recordkeeping; and • program oversight and maintenance. 3 2.2.5 Level Five: Competitive Suppliers Competitive Suppliers contract with the Town through its Town Manager. The contract is negotiated, recommended, and monitored for compliance by the Consultant. No contract is binding until it is approved by the Town Manager. The complete set of Competitive Supplier responsibilities is found in the Electric Service Agreement (ESA) between the Town and the Competitive Supplier, 2.3 OPERATIONS The Program's operations are guided by the provisions and goals contained in this Plan and the instructions and decisions of the Town Manager, the Consultant, and participating consumers. The goals of this Plan are as follows: • provide the basis for aggregation of eligible consumers on a non-discriminatory basis; • acquire a market rate for power supply and transparent pricing; • provide equal sharing of economic savings based on current electric rates; • allow those eligible consumers who choose not to participate to opt-out; • provide full public accountability to participating consumers; and • utilize municipal and other powers and authorities that constitute basic consumer protection to achieve these goals. 2.4 STAFFING AND MANPOWER The operations necessary to plan, deliver, and manage the Town's Program include: i • technicaI analysis; • competitive procurement of services; • regulatory approvals; • accounting and fiscal management; • contract maintenance; • communications; • program coordination; and • administrative support. The Town intends to utilize the Consultant as the professional, technical, and legal consultant to operate the Program, The Consultant is a licensed broker of electricity in Massachusetts (EB- 107). The Consultant has experience designing, implementing and administering opt-out municipal aggregation programs. 4 The Consultant will be responsible for monitoring all aspects of the Program and any resulting contractual agreements, including but not limited to: monitoring and reporting on compliance with all contract terms and conditions, resolution of contract issues, implementation of the opt- out process for consumers, participation in negotiations with NGRID, preparation of reports, as directed, and routine updates and attendance at meetings with the Town Manager and Board of Selectmen. The Program has been developed on behalf of the Town by the Consultant with the support of technical consultants and legal counsel. Once a contract has been secured, the Consultant will administer the Program. The Consultant will undertake negotiations with Competitive Suppliers and provide representation at the state level, as needed, at the direction of the Town Manager and Board of Selectmen. The terms and conditions of any contract may be subject to review by the Town Counsel, as well as by any outside legal counsel which may be selected by the Town, and may be further subject to the Town Counsel's approval as to legal form. 3 FUNDING Initial funding for Town's Program comes from private capital supplied by CPG. The ESA with a Competitive Supplier will include a $0.001 per kWh adder that will be paid by the Competitive Supplier to the Consultant. The $0.001 per kWh adder will fund the on-going costs of the Program. The start-up costs, to be borne by the Consultant, include costs for legal representation, public education, and communications. Mailing costs will be borne by the Competitive Supplier. 4 ACTIVATION AND TERMINATION 4.1 ACTIVATION Following the process of municipal aggregation and competitive procurement of a proposed contract by the Town, activation of the Program requires the following steps: a) Approval of Plan by Department b) Acceptance of ESAs by Board of Selectmen and Town Manager c) Signing of ESA by Board of Selectmen and Town Manager d) Notification of Enrollment for Eligible Consumers e) Notification of NGRID f) Beginning of Opt-Out Period g) Transfer of Participating Consumers to Competitive Supplier 5 z� Each of these steps is described as follows: 4.1.1 Approval of Plan by Department The Town, through its agent, shall file this Plan with the Department. The Department is required to hold a public hearing on the Plan. 4.1.2 Acceptance of ESAs by Board of Selectmen and Town Manager All contracts negotiated by the Town shall be expressly conditioned upon the acceptance of the contract by the Town Manager, Competitive Suppliers and contracts must comply with all applicable laws and rules and regulations promulgated by the Department concerning Competitive Suppliers, 4.1.3 Signing of ESA by Board of Selectmen and Town Manager With the signing of the contract by the Town Manager, the terms and conditions in the contract will be utilized for service for eligible consumers within the municipal boundaries of the Town, except for those eligible consumers who have selected a Competitive Supplier prior to the contract activation date and do not wish to switch to service under the Town's contract, or those eligible consumers who affirmatively opt-out of the Program. 4.1.4 Notification of Enrollment for Eligible Consumers Following approval of the contract by the Town, the Competitive Supplier shall undertake notification of all eligible consumers on Basic Service to be enrolled. NGRID will inform the Competitive Supplier and the Consultant as to which consumers are on Basic Service and which consumers are receiving power from third-party suppliers. NGRID will electronically transmit the name, address and account of eligible consumers and run this data just prior to the meter read at which the change to the Competitive Supplier is set to occur to ensure that no consumers contracted with third-party suppliers are enrolled. Only current Basic Service consumers will be sent opt-out notices. The Town may also generally notify all consumers receiving competitive service of their eligibility to receive power from the Town's Competitive Supplier. Once the appropriate notification has been provided to the eligible consumer and applicable opt-out requirements met, the Competitive Supplier will electronically enroll the eligible consumer by submitting an "enroll customer" transaction to NGRID in accordance with the rules and procedures set forth in the EBT Working Group Report, which is applicable to all Competitive Suppliers and distribution companies in Massachusetts. 6 The process of notification shall be multi-layered and will include: • mailings by the Town; • newspaper notices; • public service announcements (PSAs); and + notices posted in Town Hall. Prior to enrollment, this notification shall: + inform eligible consumers they have the right to opt-out of the aggregated entity without penalty and choose Basic Service at any time before or after their first day of service; + prominently state all charges to be made and a comparison of the price and primary terms of the Town's contract compared to the price and terms of NGRID's Basic Service; + explain the opt-out process; and + provide written notification that no charges associated with the opt-out will be made by the Competitive Supplier. When a new eligible consumer first moves to the Town, the eligible consumer will not be assigned to the Town's Competitive Supplier until the Competitive Supplier submits an "enroll customer" transaction. Prior to such "enroll customer" transaction, the eligible consumer shall receive Basic Service. The Competitive Supplier is responsible for including new eligible consumers in the Program as they move into the Town by the requesting electronic transmittals on a quarterly basis from NGRID, notifying and enrolling per the procedures followed for the initial enrollment. The approximate timing of the major procedural steps related to the notification of consumers is as follows: Day 1 Supply contract executed between Town and Competitive Supplier Day 2 Competitive Supplier notifies NGRID to prepare Town eligible consumer data Day 3 Competitive Supplier begins EDI testing with NGRID Day 14 Competitive Supplier receives eligible consumer data from NGRID Day 18 CPG and/or Competitive Supplier mails opt-out notice to all eligible consumers Day 19 30-day opt-out period begins on date of postmark Day 21 Eligible consumers receive mail Days 21-51 Consumers wishing to opt-out return reply card in pre-paid envelope to Competitive Supplier 7 Day 33 Competitive Supplier completes EDI testing with NGRID Day 52 Competitive Supplier removes opt-outs from eligible list Day 53 Competitive Supplier sends "supplier enrolls customer" EDI for all participating consumers Participating consumers are enrolled with supplier on the next meter read, provided that the enrollment transaction is submitted no fewer than two full business days before the meter read. Our Consultant's experience with previous aggregation programs suggests that the Town, Competitive Supplier and NGRID need about two months to complete the consumer notification and enrollment process. The procedures described above may also be found in NGRID's Terms and Conditions for Municipal Aggregators, M.D.P.U. No. 1202, as amended or superseded from time to time. These procedures were discussed in numerous meetings between CPG and NGRID. The methods by which eligible consumers will be enrolled in the Program are consistent with NGRID's Terms and Conditions for Competitive Suppliers, M.D.P.U. No. 1201, as amended or superseded from time to time. 4.1.5 Notification of NGRID Along with notification of eligible consumers, the Town shall notify the selected Competitive Supplier and NGRID to begin preparation of the administrative process to transfer eligible consumers coincident with each eligible consumer's billing cycle. Alternatively, or in combination with the Town notification, the selected Competitive Supplier may notify NGRID to begin preparation of the administrative process. 4.1.6 Beginning of Opt-Out Period Eligible consumers may opt-out of service from the Program at no charge either in advance of service start up deadlines or at any time after the first day of service. Participating consumers who seek to return to NGRID's Basic Service should provide notice to the Competitive Supplier and/or NGRID five or more business days before the next scheduled meter read date. Pursuant to NGRID's Terms and Conditions for Municipal Aggregators, M.D.P.U. No. 1202, participating residential consumers will be transferred to NGRID's Basic Service in two business days if they directly notify NGRID of the intent to terminate generation service from the Competitive Supplier. If a commercial or industrial consumer directly notifies NGRID of the choice to terminate generation service from the Competitive Supplier, the generation service shall be terminated on the date of the customer's next scheduled meter read. If a residential, commercial, or industrial customer notifies the Competitive Supplier of the choice to terminate receipt of 8 generation service, the termination shall take place on the date of the customer's next scheduled meter read, so long as the Competitive Supplier has submitted the transaction to NGRID no fewer than two business days prior to the meter read date. There shall be no charge for returning to NGRID's Basic Service in this manner. Further opportunities for eligible consumer opt-out may be negotiated by the Town and the Competitive Supplier and included in the terms of the contract presented to the Board of Selectmen, the Town Manager, and made part of the public information offered to each eligible consumer. Eligible consumers who opt-out and subsequently wish to enroll may be enrolled at the Competitive Supplier's discretion and pursuant to NGRID's Terms and Conditions for Competitive Suppliers, M.D.P.U. No. 1201, as amended or superseded from time to time. 4.1.7 Transfer of Participating Consumers to Competitive Supplier The process of activation is an administrative function with three parts: a) Data Preparation: NGRID will identify all eligible consumers on Basic Service in the Town by eliminating those who have already selected a Competitive Supplier. b) Automatic Enrollment: All verified eligible consumers shall be transferred to the Town's Competitive Supplier coincident with NGRID's billing periods, unless they have previously sent in notification of their intent to opt-out according to established deadlines. Eligible consumers will be enrolled with the new Competitive Supplier over the period of one month. Service under the new Competitive Supplier shall begin at the start of the billing period following transfer. c) Notification: NGRID shall notify each transferred participating consumer of the change to the Town's Competitive Supplier with its last bill for Basic Service. 4.2 TERMINATION The Program may be terminated in two ways: • upon contract termination or expiration without any extension, renewal, or subsequent contract being negotiated; or • at the decision of the Board of Selectmen and Town Manager to dissolve the Program. Each participating consumer receiving service under the Town's Program will receive notification of termination of the Program 90 days prior to such termination. In the event of contract termination, participating consumers would return to NGRID's Basic Service or choose a Competitive Supplier. This transfer would occur in coordination with 9 NGRID using established EDI protocols and in accordance with the rules and procedures set forth in the EBT Working Group Report. 5 METHODS FOR ENTERING AND TERMINATING AGREEMENTS The Town's process for entering, modifying, enforcing, and terminating all agreements associated with the Program shall comply with the requirements of the Town's charter, and state and federal laws. Where required, the procedures outlined in M.G.L. c. 30B shall be followed. Other agreements shall be entered, modified, or terminated in compliance with the law and according to the express provisions of the relevant agreement. Prior to the end of the initial ESA, the Consultant will be responsible for conducting a subsequent bidding process for a new ESA. The Town Manager is responsible for executing a new ESA. Customers will be notified through press releases and public notices. New opt-out notices will not be mailed. The Town will not use on-bill messaging or bill inserts. However, NGRID may include on-bill messaging notifying consumers of a supplier switch. The transfer of customers from the existing supplier to the new supplier is conducted by the new supplier in coordination with NGRID using established EDI protocols. The Town will notify NGRID of the planned termination or extension of the program. In particular, the Town will provide NGRID notice: • 90 days prior to a planned termination of the program; • 90 days prior to the end of the anticipated term of the program's ESA; and four business-days after the successful negotiation of a new electricity service agreement. 6 RATE SETTING, COSTS, AND BILLING The Town will offer the Program at rates and terms to be negotiated with Competitive Suppliers, All Competitive Supplier charges to the participating consumer will be fully and prominently disclosed under the notification process. NGRID shall continue to provide metering, billing, and maintenance of the distribution system as a regulated monopoly function. Charges for metering, billing and other distribution services shall be regulated by the Department, unless otherwise provided for in law, or Department rules and regulations. i 10 6.1 RATE ,SETTING Under Department orders, NGRID assigns the rate classification and corresponding character of service and associated regulated rates. These rates include a monthly customer charge, a distribution charge, a transmission charge, a transition charge, an energy conservation charge, and a renewable energy charge that currently make up a portion of a ratepayer's bill. Although the Town, or its agent, may participate in regulatory proceedings and represent the interests of ratepayers regarding these regulated rates, it will not assign or alter existing rate classifications without the approval of the Department. [See Section 6.3 for an example of a typical residential bill. The focus of the Town, as noted above, will be acquisition of competitive prices and terms for power supply. This price, or prices, will be set through the competitive bid and negotiation process, and will be noted on the participating consumer's bill as the "generation charge". The competitive bid process will seek prices that will differ among the rate classifications established by NGRID's tariffs. The terms and conditions of service may also vary among rate classifications. 6.2 COSTS There is no cost to eligible or participating consumers. The Program funding will be derived from a $0.001 per kWh commission fee payable by the Competitive Supplier to the Consultant. In addition, the Town may fund personnel costs associated with an Energy Manager position(s), of which one of the responsibilities would be to assist with the Aggregation Program, through an Operational Adder payable by the Competitive Supplier to the Town. 6.3 BILLING Participating consumer billing under the Town's Program will be made by the Competitive Supplier under contract and shall be incorporated into the standard monthly utility billing. Participating consumers will receive a "complete bill" from NGRID that incorporates the power supply charge and NGRID's delivery charges. The bill shall include a clear delineation of all regulated and non-regulated charges. The typical residential "complete bill" for use of 500 kWh shows the following charges for NGRID's Basic Service in November 2015: 11 For Customer With Monthly Usage of 500 kWh Rate Charge -- -- --- - -- - - _ - -_ ($/kWh) Delivery Services Detail (Rate: R1) .... Customer Charge4.00; Distribution Charge 0.03977 19.89: - - - - Transition Charge (0.00164) (0.82) Transmission Charge 0.02614 13.07' Energy Efficiency Charge - 0.01624 - 8.-1Z Renewable Energy Charge- 0.00050 0.251, Total Delivery Services 1 $ 44.51'; Supplier Services Detail (Rate: Basic Servicer - - - — Total Supplier Services 0.13038 65.19 g e Generation Services Charge $ 65.19; ... . Average Bill Total $ 109.701 Sources: http://www.nationalgridus.com/masselectric/non_html/MA_Residential_Table.pdf http://www.nationalgi•idus.com/non_html/11 151-neco.pdf Accessed: November 1, 2015 7 UNIVERSAL ACCESS "Universal access" is a term derived from the traditional regulated utility environment in which all consumers desiring service receive that set-vice. The DOER's Guide to Municipal Electric Aggregation in Massachusetts has defined universal access to mean "electric services sufficient for basic needs (an evolving bundle of basic services) available to virtually all members of the population regardless of income." The Guide also provides that a municipal aggregation plan meets the requirement of universal access "by giving all consumers within its boundaries the opportunity to participate, whether they are currently on Basic Service or the supply service of a Competitive Supplier." For the purposes of the Town's Program this will mean that all existing consumers within the borders of the Town and all new consumers in the Town shall be eligible for service from the Competitive Supplier under the terms and conditions of the contract. One of the Town's goals, as indicated in Section 2.3, is to "Provide the basis for aggregation of eligible consumers on a non-discriminatory basis". Service under the Town's Program shall include rate classifications in adherence with universal service principles and requirements, and the traditional non-discriminatory practices of local 12 government. Contracts with all Competitive Suppliers shall contain provisions to maintain these principles and equitable treatment of all rate classifications. Eligible existing consumers in the Town shall be transferred to the Program unless they have already contracted with a Competitive Supplier or affirmatively opted-out of the Program. Eligible low-income consumers shall remain subject to all existing provisions of state law regarding their rights to return to Basic Service and to participate in the Program as well. New Eligible consumers in the service territory shall be enrolled in the Program unless they already contracted with a Competitive Supplier or affirmatively opted-out of the Program. New Eligible consumers will retain the right to opt-out any time after the commencement of Program service. 8 EQUITABLE TREATMENT OF RATEPAYERS All ratepayers will be treated equitably. They will be guaranteed the right to raise and resolve disputes with the Competitive Supplier, be provided all required notices and information, and always retain the right to opt-out of the Town's Program as described herein or to switch Competitive Suppliers. The requirement of equitable treatment of all ratepayers does not, however, require that all ratepayers be offered the same pricing or terms and conditions. To impose such an interpretation to the statutory requirements governing municipal aggregation programs would, in effect, result in inequitable treatment, as attempting to apply identical prices, terms, and conditions to ratepayers with widely disparate characteristics would have the inevitable effect of giving some ratepayers more favorable service than others. The implementation of the Program will recognize this reality through appropriate distinctions in pricing and, where applicable, terms and conditions among ratepayers. 9 RELIABILITY "Reliability" in power supply and in transmission and distribution is essential to consumers. This will be accomplished and reinforced by the Program at several levels through: • provisions of the contract that will include language on reliability of supply, liability and damages provisions; • traditional proceedings related to NGRID's regulated transmission and distribution services; and • direct discussions with NGRID concerning specific or general problems related to quality and reliability of transmission and distribution service in the Town. 13 10 RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS 10.1 RIGHTS All participating consumers shall enjoy the protections of law afforded to them as they currently exist or as they may be amended from time to time. These include rights to question billing or service quality or service practices. Under protocols developed by the Department, problems related to billing or service shall be directed to the appropriate parties. All eligible consumers shall also enjoy the individual right to decline participation in the Town's Program. 10.2 RESPONSIBILITIES All participating consumers shall meet all standards and responsibilities required by the Department, including payment of billings and access to essential metering and other equipment to carry out utility operations. 11 BENEFITS OF MUNICIPAL AGGREGATION The Program functions under the restrictions of state law and reflects a range of results and opportunities: 11.1 PARTICIPATION IN COMPETITIVE MARKET Many consumers lack knowledge and leverage to negotiate terms for power supply. A municipal aggregator provides them with an option for professional representation and the leverage of a large group so that they may participate more effectively in the competitive process and achieve benefits. 11.2 SELECTION OF ALTERNATE SUPPLIER Because the law guarantees the right to opt-out, including the right to choose Basic Service at no charge, all eligible consumers have the right to select a Competitive Supplier other than the one chosen by the Town Manager and Board of Selectmen. 11.3 INDEMNIFICATION AND RISK ASSOCIATED WITH COMPETITIVE MARKET In a competitive market, it is possible that the failure of a Competitive Supplier to provide service may result in the need for participating consumers to acquire alternative power supply, or for participating consumers to receive power at Basic Service prices. The Town will seek to 14 minimize this risk by contracting with reputable Competitive Suppliers who demonstrate reliable service. The Town also intends to include conditions in its contract with a Competitive Supplier that will indemnify participating consumers against risks or problems with power supply service. 11.4 RENEWABLE ENERGY CERTIFICATES In addition to soliciting bids for power supply that meet the required Massachusetts Renewable Portfolio Standard (RPS) obligation, the Town will solicit bids to supply additional Renewable Energy Certificates (RECs) for an optional product. The Town will seek RECs from a variety of renewable sources and will choose the proposal that offers the best combination of environmental benefit and price. The Town will ask Competitive Suppliers to identify the technology, vintage, and location of the renewable generators that are the sources of the RECs. The Town will require that the RECs either be created and recorded in the New England Power Pool Generation Information System or be certified by a third party such as Green-e. 11.5 OTHER PROTECTIONS The Town intends to negotiate a range of provisions in its contracts to enhance participating consumer protection. 12 REQUIREMENTS CONCERNING AGGREGATED SERVICE The Town shall comply with the requirements established by law and the rules set forth by the Department concerning aggregated service. 15 The Hearst Household 60 Sherwood Drive North Andover, MA 01845 0 September 2016 Dear Board of Selectmen, For my Eagle Scout project, I directed and participated in the building of the kiosk at the Stevens Estate. To say I did the project myself would be insane. It wouldn't have been possible without all the help from my Troop (Troop 82), my Dad, and the DPW. The process started with pressure treated lumber, which me and my dad cut down to the sized labeled in the diagram. Some of the lumber needed to be cut at an angle, so we had to rent a bigger saw than the ones we own to help us. It also helped in cutting the 6x6s, which also needed groove cut into them. For this, we used a circular saw set to 2 inches, and ran it up and down the wood until we could clean it out with a chisel and a wood planer. Now that all the wood was cut, we could assemble the main base. The two 6x6 main posts are connected by 2 4x6s placed in the grooves. Everything is secured by half inch lag screws. We put 2x2s in for the door to rest on, and then we get working on the roofing, which is comprised of 2x4s with cedar shakes nailed on top. After that, the aluminum flashing was attached on top. The sign frame was installed, and the Plexiglas was attached to the frame. We worked out of my home creating the frame and we installed the frame into the ground with concrete on Wednesday August 3rd. The DPW was immensely helpful, especially Keith, in securing the frame to the ground. On Sunday, August 21 st my troop helped me with an almost 7 hour workday putting on the roof and marking the Lake Trail (that was previously unmarked). My dad and I continued every weekend until we finally finished the carpentry on Monday, September 5th. Glen from the Friends of the North Andover Trails and I measured the kiosk on Friday September 16th and I hope to install the poster of the trail map when it is finished (hopefully this weekend). Mymain accomplishments incompe!ingthis project weelearning leadership s)R (dlSland c)de), carpentry skills, crea!ingawork plan, and elistngthe help omany organizations. Th n\you to the Town o North Andover for giving met 6 once in a lifetime opportunity. �£ \�t �\ • � ^ � : • • Iln AGENDA COVER MEMORANDUM To:. Board of Selectmen Thrw Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 22, 2016 Re: Heavy Truck Exclusion The design of the Safe Routes to School Project required reconfiguring the intersections of Greene Street and Massachusetts Avenue and Greene Street and Parker Street. Due to the tight turns that now exist, the North Andover Police Department is requesting the Board exclude heavy trucks from Greene Street. Department of Public Works Director, Bruce Thiibodeau, supports the request. • INTEROFFICE MEMORANDUM DATE: September 19, 2016 TO: Andrew Maylor, Town Manager FROM: Bruce Thibodeau, Director of DPW CC: Ray Santilli, Assistant Town Manager Chief Charles Gray, NAPD Officer Mark Wilson, NAPD Tim Willett, Operations Manager John Borgesi, Town Engineer RE: Request for s Truck Exclusion This Department has reviewed the situation concerning large trucks using the newly reconfigured intersections at Greene St. and Mass. Ave. and Greene St. and Parker St. The new configurations are associated with the original design of the Safe Routes to School Project being constructed by Mass DOT. After review of the situation on site on more than one occasion we are in agreement with Safety Officer, Mark Wilson's recommendation attached to pursue a truck exclusion for Greene St. The first step in the process is to have the Board of Selectmen vote in favor of the exclusion then the design engineers from TEC will prepare the permit request to Mass DOT. If you should have any questions or comments, please do not hesitate to contact either John Borgesi or me. �f air NORTHANDOVER POLICE Crariarrtatiity paitrrershlp-�.. September 19, 2016 North Andover Board of Selectmen 120 Main Street North Andover, MA 0154:5 Re: Greene Street, North Andover—Heavy Truck Exclusion Request The North Andover Police Department, after meeting with the Mass DOT and the North Andover Department of Public Works (DPW) on September 14, 2016, is recommending that Greene Street now be made to be heavy truck excluded. This is due to the tight turns that now exist coming off Massachusetts Avenue and at Parker Street with the new road configuration. Thank you for your consideration. Mark M. Wilson Traffic/Safety Officer Board of Selectmen: A Richard.Vaillancourt, Chair ➢ Phil DeCologero Rosemary Smedile }� Donald Stewart "Tracy Watson Cc: A Bruce Thibodeau, DPW ➢ Lt. Daniel Lanen, NAPD Chief Charles P. Gray,NAPD 1475 Osgood Street, 6` Orthrdo~ er', Massachusetts 01845 T(,,*-,,phone78-683-3"16 Fax: 978-681-1172 AGENDA COVER MEMORANDUM To: Board of Selectmen Thrw Andrew W. Maylor From: Laurie BurzIaff, Executive Assistant Date: September 22, 2016 Re: Columbia Gas of Massachusetts Columbia Gas of Massachusetts requests approval to excavate at from Waverly Road to 70 Main Street for the purpose of installing new gas service Reviewed by: Police Department Notes: Officer needed at site (standard condition) Public Works Notes: 3 days prior to beginning work, petitioner must notify DPW to mark sewer, water and drain pipe locations. (standard condition) A NiSource Company Date September 4,2016 Board of Selectmen North Andover,Massachusetts Gentlemen. Columbia Gas of Massachusetts respectfully asks permission to excavate for the purpose of extending and or replacing its gas mains,and installing new main according to blueprints hereto annexed and made a part of this petition and to make the necessary house connections along said extensions as follows: 200' of 6"Plastic Main is going to be installed off of the 8"Coated Steel Main located at the intersection of Waverly Road and Main Street. The main is being run in order to service the commercial building at 70 Main, Street. .lob order#: 16-0848218-00 Approved, DPW, Date � � t,.�,�� Bay State Gas Company d/b/a By Three days pri r to Columbia Gas of Massachusetts beginning work tate petitioner will notify the DPW to mark out sewer, water, and drain pi'pe'locations. Kyle Benoit, Field Engineer Columbia Gas of Massachusetts Gentlemen.: Permission is hereby granted the Bay State Gas Company d/b/a Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested above. Selectmen, Wall of P01109 Officer Needed * Site 54 Nnowwn t below. Call nomro you d.9. 58 BP„ADSTREETSCHOCL ` RAIN 1 ST `f i _ ca \ \ J 0 ANAIN 1. ST / PROPOSED r 1 90 REVISIONS 59 I MA ST .. Go 84 MAIN ST �A ST irfi:\Er;LIY i3 \ `t`\� `\ g0 [Ab 11\ \ M.AIN North Andover-100 \ ST FNJO#16-0848218-00 xuE PJ<,AIN JO#XX-7000(>=-XX \ GTZ PROJECT ID#16-38846 7o 1W ST 23 \ NOgmPN001cF.Esssx \VAVCRLIjRD j ///jjj \ {� PROJECT PTLE: / 17 .r \ LAYOUTSHEE7 GI MIAIN w " FV 4 : s • i r AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andreae W. IMaylor From: Laurie Burzlaff, Executive Assistant Date: September 22, 2016. Re: Lake Cochichewick Boating Regulations Attached is a memorandum from Bruce Thibodeau with revisions to the Lake Cochichewick Boating Regulations proposed by the Lake Study Group. Illl/J�i 1NTEROFFICE MEMORANDUM DATE: September 19,201+ TO: Andrew Maylor, Towyn Manager FROM: Bruce Thibodeau, Director,DPW CC: Peter Boynton, Harbormaster (Tenn Alt, Superintendent V'WTP Jean Enright, Planning Department Director Jennifer Hughes, Conservation Administrator Tiffany Blake, Senior Water Analyst EE: Update Town Lake Regulations At the February 22, 2016 Selectmen's Meeting Peter Boynton and I, as representatives of the Lake Study Group, made a presentation about the status of lake Chochichewick and the need to manage the lake share. The Board asked us to update the fake Chochichewick Boating Regulations to incorporate the recommendations presented. Attached are the final draft of the recommended changes, the additions are highlighted in yellow and the deletions in red, dated September 10, 2016. The revised regulations have been edited to incorporate the following suggested changes: a Create permit combining lake usage and lakeshore boat storage o Suggests fees for both the permit types and the parking. • Require all boats be removed from lakeshore after boating season o Remove boats without storage permits, or left after boating season • Suggests best practices for storage of boats by shoreline property owners • Includes requirements for permitting docks on the Lake • Provides for areas to launch boats for day users at:. o Pleasant St. • Hatch area. o Old Forth PS Site • Provide area for boat storage on racks at * hatch a Old North PS Site • Provide for parking for residents only with fee at: o On street near Pleasant St. launch area • Old North PS o However, continue free parking at existing Pleasant St. parking area a Require boating sticker on vehicle as well as boat Memo to:Andrew Maylor September 19,2016 Page 2 of 2 • Add state boating safety requirement o Life Jackets required to be worn by canoe/kayak users Sep 15 —May 15 • Clean up and updated of general language and existing enforcement guidance The intent of the changes are to better manage the lake shore, prevent erosion, and protect this valuable resource. We are available to review these changes with you and at a subsequent Selectmen's meeting at your convenience. We can also give an update an items discussed in our recommendations. Final Draft September 10, 2016 DRAFT EDITS to Lake Cochichewick Boating Regulations Yellow text are recommended additions Red st-4ke-out text are recomrnendeddeletions Current lake regulations and enforcement guidance on the town website: igL.sjL A A )PW BOATING, PERMITS& RESTRICTIONS Lake Usage/Boating Regulations Purpose and,Authority: These regulations have been established for the protection of Lake Cochichewick, North Andover's only drinking water supply. The regulations are issued pursuant to 310 CMR 22.00 Massachusetts Drinking Water Regulations and the authority of Section 160 of Chapter 111 of the General Laws, for the sanitary protection of the waters of Lake Cochichewick used by the Town of North Andover as a source of water supply, Chapter 146 of the Town By-laws, and in accordance with the policy adopted by the Board of Selectmen on May 20, 2002, and as amended. pllon4r f.m-m so-hot4�,-tG-boat as-n at+-4 on44e-1--a-kR-W-sag&- ,pkermn.. f ®r,-AVWGh--he-/xA'wo permits: All boating on the lake requires a valid Town of North Andover permit affixed to the outer hull of the boat and to the rear window of the owner's vehicle. Permits shall be exhibited to any officer of the law or authorized employee of the Commonwealth of Massachusetts or the Town of North Andover, Boats,without valid permits are not allowed on the lake. There are two types of permits available for residents of North Andover for recreational use of the lake, subject to the conditions in these regulations: 1. Day Boating permit for residents to boat on,the lake, but not for overnight boat storage, and 2. Combination Boating&Storage permit for residents to boat on the lake and to use overnight public boat storage racks provided by the town at two shoreline locations during the boating season (April 151h—November 1,,). Boat Launching Areas: To reduce shoreline erosion into the lake,three public locations have been designated for residents with valid permits to launch their boats: 1. Along Pleasant Street on the south end of the lake using the designated path, or 2. At the 'Hatch' on the far sidle,of the stone arch past the Stevens Pond swim area, or 3. At the Old North Pump Station along Great Pond Road/Rt-133 on the north end of the lake. All boats must be hand-carried into the lake;the use or backing of trailers into lake waters as well as the overnight storage of trailers along the shores of the lake is prohibited, 1 Final Draft September 10, 2016 Boat Storage Areas: To prevent the destruction of shoreline vegetation and reduce erosion into the lake, public boat storage racks have been provided at two, locations on the lakeshore for use by residents with valid combination Boating&Storage permits during the boating season from April 15th- November 151: 1. The Old North Pump Station along Great Pond Road/Rt-133 on the north end of the lake, and 1 The, "Hatch" beyond the stone arch past the Stevens Pond swim area on the south end of the lake Only boats with valid combination Boating&Storage permits may be stored at these locations, and, to prevent erosion, all boats must be placed on the boat racks. Boats without valid combination Boating& Storage permits will be removed at the owner's expense. All boats must be removed by owners from the storage areas prior to the end of the boating season on November 1,1. overnight boat storage is not allowed along Pleasant Street or other public locations along the lakeshore; boats left there will be removed at the owner's expense, Lakeshore private property owners should utilize best-practices for boat storage along the shoreline of their property, including the use of temporary boat racks (more than 25' from the edge of the lake or adjacent wetlands) and removing boats from the shoreline area after the end of the boating season to reduce disturbance to shoreline vegetation and prevent erosion. Parking: Permit parking is available at two locations for residents with valid boat permits affixed to the rear window of their vehicle: 1. Where posted ('permit parking') at the Old North Pump Station off Great Pond Road/Rt-133 on the north end of the lake, and 2. Where posted ('permit parking only') along Pleasant Street an the south end of the lake Parking at these two locations requires valid resident Day Boating or Combination Boating&Storage permits affixed to the rear window of the vehicle, Overnight parking is not allowed. Parking is also available at the parking lot off Pleasant Street next to the Stevens Pond swim area in the lot shared with visitors to the Trustees of Reservations trails on Weir Hill, Types of Watercraft: Boating on the lake is limited to watercraft designed to be manually propelled by oars or paddles, or the use of electric motors (maximum length of motorized craft is 15 feet). Rowing shells,johnboats, dinghies, rowboats, canoes and kayaks with cockpits are acceptable as long as the occupants are isolated from contact with the lake. Boats must not have any thru-holes (e.g. self-bailers) that would allow contact between the occupants and the lake water. Inflatable boats, windsurfers, paddleboards, Sit-On-top kayaks and seaplanes are not allowed. Engines: All gasoline or diesel powered engines, containers that transport any type of gasoline and diesel fuel, or anything that uses such fuels, such as, but not limited to: boats, snowmobiles, ice augers, generators, stoves or lamps, are prohibited from use on Lake Cochichewick and its tributaries unless authorized by the Division of Public Works for lake monitoring and/or safety/emergency procedures. Boating Safety: Under Massachusetts General Law (Ch. 90B,Section 5), lifejacket wear is mandatory for children under 12, and all canoeists and kayakers between September 1511— May 15", 2 Final Draft September..10�, 2016 Boating Hours: Boating permits are valid only from one hour before sunrise to one hour after sunset. Swimming or Wad,i,ng: No person shali swim, wade, bathe, or cause or allow any animal to go into or upon Lake Cochichewick or tributaries thereto. Animals: No domestic animals are allowed to be in boats, on the ice, or in the water at any time, Fishing: No fishing is to be done under these boating permits unless the holder also possesses a valid State Fishing or Sporting License as required by Chapter 131 of the General Laws. Invasive Vegetation: All boats, anchors, anchor ropes or chains and motors must be free of foreign or exotic vegetation or c+;*m-4FY aquatic life prior to launching. Trash and Debris: No cans, bottles, dog toys, plastics, boxes, fish,food, animal or vegetable matter, sf.4t4e7 or any other matter tending to pollute the water shall be thrown into the water of said lake, or left upon shores of said lake. All supplies and debris that are carried in should be carried off. Firearms/Explosives: No firearms or explosives shall be used while on the waters or shores of the Lake. Alcohol: Possession or consumption of alcoholic beverages iis prohibited. Restricted Area: No boating or fishing shall be done in or upon that portion of the Lake within4ano-,-*xa,If- MPP-1-0tkmQ 4#ake, 100 yards of the North Andover Water Treatment Plant. Passage of boats through the restricted area for the Treatment Plant must be made within fifty feet of the opposite shore. Docks: Docks in the lake or other structures for water access on the lakeshore require permitting by the Conservation Commission and under Chapter 91 of the Massachusetts General Law, Dock construction must be of a type to minimize impacts to the lake, and all clocks must be removed from the water and at least 25 feet from the shoreline area by the end of the boating season (Apr 15 - Nov 1). Laws and Conditions: All laws of the Commonwealth of Massachusetts or conditions now and hereafter made by the Town of North Andover relative to the waters or the watershed of the Lake shall be observed, Revocation: A person may have their boating permit revoked for a Massachusetts fishing violation or violation of these rules and regulations,The permit fee will be forfeited., Ac-ce;s4s, t,o,t 4,rs 4&r-pair-km ft44 k--a-Gee&;,to t44i-� b a�--RrF ja s r ter+T4t4e park-edLat 40#11-PAIM�)J,Ag Annual Fees: Fees are to be paid to the town DPW. 1. Day Boating Permit (first boat): $25.00; each additional boat$10.00 2. Combination Boating&Storage Alo-A-.i Permit: $50.00 per boat 3. Removal of improperly stored boat. $50.00 Lake Cochichewick is North Andover's only drinking water supply, and everything possible should be done to protect fmas61,e this resource and town asset. 3 Final Draft September 10, 2016 ================================================================================== Rules ofAccess tmthe "Old North Pump Station" 1.The Old North Pump Station islocated atthe north end ofthe lake, along Great Pond Rmad/Rt-133, and isaccessed via alocked gate. Residents with valid Town ofNorth Andover Day Boating or Combination Boating & Storage permits will heprovided the lock combination. The gate isto be kept locked after entering and after departing the area. 2. Parking is restricted tothose who possess mvalid Town ofNorth Andover Day Boating orCombination Boating&Storage permit affixed tnthe rear window uftheir vehicle. IThis site infor launching boats (without trailers) for those holding a Day Boating permit, or for launching and storing boats for those holding a Combination Boating&Storage permit only. No other activity 8sallowed on this site (no fishing from shore, no loitering, no unauthorized parking, no picnicking, etc.),. 4. Parking is restricted to the designated area and all vehicles must display in the rear window either a Day Boating permit nraCombination Boating 8^Storage permit. 5. Under no circumstances will any vehicle he parked within twenty five feet of the lake's normal high water mark. 6. Unauthorized vehicles without valid permits displayed will be towed at owner's expense. 7. Novehicles ortrailers allowed on ramp; all boats must be carried in. 8. No person shall possess orconsume alcoholic beverages omTown property. 9. Vehicles found to be leaking any type Of fluid (fuel, oil, antifreeze, etc.) will be towed. 1O. Nmdomestic animals allowed ompremises. 11.This is a pubUic water supply. No swimming, bathing or wading, No person or an,imal may come in contact with the water. 12. Nmperson shall clump ordrain any refuse,waste ordebris ofany kind. 13, No person shall! engage in any activity in a reckless or heedless manner or in such a manner as may cause or tend to cause fear, discomfort or injury to,any person, wildlife, property or vegetation. 14. Anypmrxonmmyhedemiedadnoittamcetoamd/ursuspendedfronmamytnuvnprope/tyforaperiodpf time to be recommended by the Board of Selectmen for violating any law, rule or regulation including failing to comply with any reasonable request of any duly authorized employee of the town, Per order ofNorth Andover Board ofSelectmen. 4 Final draft September 10, 2016 Enforcement of Laws/'Rules/Regulations regarding Lake Cochichewick. The following procedures are being implemented to address new and existing laws, rules and regulations regarding Dake Cochichewick. Some of the violations are criminal and others are non- criminal. Each officer will be issued a ticket book (similar to a parking ticket book)to address the non- criminal violations. Unless otherwise specified all non-criminal fines are$50.00 A. Flours of access to the lake are dawn to dusk. For our purposes no one is allowed on the lake from one hour after sunset until one hour before sunrise.The communications center monitors a weather station which posts daily times for sunrise and sunset. Violation: non-criminal $50.00 fine B. Fishing. Fishing from shore is allowed with a valid Massachusetts fishing license. Violation: criminal MSL C. 131 S. 11B C. Boating Permits, Any boat on the lake must have affixed a day boating or combination boating/storage permit issued by the DPW. If the boater is also fishing, they rnust possess a valid Massachusetts fishing license. Boat permits are issued to residents only. Public boat storage along the lake shore is allowed only on town-provided boat racks located at the Old North Pump Station along Great Pond Road/"Rt-133 on the north end of the lake, and at the "Hatch" beyond the stone arch past the Stevens Pond swim area on the south end of the lake. All boats on the storage racks must have affixed the combination boating/storage permit. Public boat storage is not allowed elsewhere along the lake shore. Violation for non-permitted boat use or storage: non-criminal $50,00 fine D. Size and type of craft.The following is a list of craft as written in the regulation: "Boating on the lake is limited to watercraft designed to be manually propelled by oars or paddles, or the use of electric motors (maximum length of motorized craft is 15 feet). Rowing shells,johnboats, dinghies, rowboats, canoes and kayaks with cockpits are acceptable as long asthe occupants are isolated from contact with the lake. Boats must not have any thru-holes (e.g. self-bailers) that would allow contact between the occupants and the lake water. Inflatable boats, windsurfers, paddleboards, sit-on-top kayaks and seaplanes are not allowed." Violation: non-criminal$50.00 fine E. Littering. Violation of town by-law C. 130 S. 1, non-criminal. Fine $200.00 5 Final Draft F. Gasoline engines. No gas engines of any type are allowed on the lake, unless authorized by the DPW for lake monitoring and/or safety/emergency procedures. Violation of town by-law/ C. 146S. 1, non-criminal, Fine $50.00 G. North Pumping Station Parking& . _-_ -.- -_____ ...-.._ ___- .._._. __^ _-__ ._°__..'= __ This site |sopen toresidents who possess a:valid day boating mr combination boat in g/storage permit affixed to the rear winclow of their Each permitted vehicle will have a day boating or combination boating/storage permit motheremrvvimdouvoftheirvehide. .Thesite iyfmr thosepermittedvehidesun| r—m— '- --^---' , The site is for launching of permitted boats (without trailers) or storage of permitted boats un1ovvn- p�rovided boat racks only. Wading inthe Lake is prohibited as is any other activity on the site. . Since the lake is closed from dusk to dawn we may logically extend that to the parking lot since no activity except launching and storage ofpermitted boats isallowed there. H. Where posted ('permit parking only') along Pleasant Street on the south end mfthe lake for vehicles with valid Day Boating orCombination Boating&Storage permits affixed tothe rear window ofthe vehicle. Overnight parking is, not allowed. 1. Public Drinking. VWatiomoftown by-law C. 141 S. 3. Fine$50.0O (if under age use criminal prncess). J. Swimming in lak . Violation of town by|avx, non-criminal $50.0Ofine, orcriminal MGL C. Ill S. 171 K. Domestic Animals. Nodomestic animals are allowed tpheinboats, nnthe ice, printhe water at any time. Violation: non-criminal $50.010 fine Boaters are issued acopy ofthe rules atthe time they purchase the permit.All incidents ofthis nature shall be logged and include the vimlator's name and what action was taken (verbal warning, non-criminal issued, vehicle ticketed, tow, etc). ===================================================================================== 6 BOXFORD tE OO _ E t' BROOKS SCHOOL :_ ax� LAKE COC C- = B 0A LA UNCHf RAS zA Z n s PARKLNG i _ _ 1 I I t7 �.4CHVSEr V conservation 01 F 1000 0 1000 Soo EM IAI * e\rlh l'ur sdtt sta � 1 � q f `z 4a STEVEN'S ESTATE 3l AT OSGOOD HIL EDGEEEWOOD UF-CARE WEIR HILL a r #tri C3 57MEE7 r Hatch I�ark An Launch&Permit Parkin,Area ne Go �Ok AQ// o - • North Andover IT Surplus Items Memo September 12, 2616 From: Christopher McClure, IT Director g,ncclure nnorthandoven+na.gov 978-237-4862 To: Andrew Maylor, Town Manager arrarayiornorthandoverrna.nov 978-688-9519 Andrew, The attached spreadsheet contains a list and description of obsolete or nonfunctional IT equipment. The IT [department makes an effort to repuirpose or repair items when possible, and works with the North .Andover School Department and Local vendors to recycle items of no value. All hard drives are destroyed when recycled and the town receives a certificate of destruction for each drive. Thank you, m µ�Jrtw �,M Christopher McClure Retired/Recycled IT Assets User Model Serial B/Service Tag Asset 4 Status Veterans Veterans-Dell Latitude E6530 Laptop HbZFRY1 OOS495 Recycle Police Panasonic Toughbook CF-31 2LTYA1160 100457 Recycle Police Panasonic Toughbook CF-31 2LTYA11397 100463 Recycle Police Panasonic Toughbook CF-31 2LTYA11335 100461 Recycle Police-Accident Recon Precision WorkStation T7500 HYKSPNI napd-24 Recycle Library Dell Latitude D630 76T3TF1 N\A Recycle Police Precision T750O HYKSPNI 005166 Recycle Police Precision T150D 5F9HSLI 002726 Retired to NAHS Police Precision T1500 SF9DSL1 002720 Retired to NAHS DPW Optiplex 780 PC FT8QBM1 005201 Retired to NAHS DPW Optiplex 780 PC GKS0T11 002513 Retired to NAHS Police Dell Optiplex 9010 BSOLTWI 005454 Retired to NAHS Police Dell Optiplex 780 BS8QBM1 002650 Retired to NAHS Police Dell Optiplex 320 All-In-One CWK3TL1 002730 Retired to NAHS Police Dell Optiplex 320 All-In-One DWK3TL1 002739 Retired to NAHS Police Dell Optiplex 320 All-In-One FMK3TL1 005167 Retired to NAHS Fire Dell Optiplex 320 All-In-One 6QWRSLI 005198 Retired to NAHS Library Dell Optiplex 7010 6WWR6Z1 101443 Retired to NAHS Library Dell Optiplex 7010 22NR6Z1 101449 Retired to NAHS DPW Optiplex 390PC 2139JS1 005224 Retired to NAHS Police OptiPlex 780 9W368PI 002757 Retired to NAHS Police OptiPlex 780 9W318P3 005165 Retired to NAHS Comm Dev OptiPlex 390 19GBPSI 005448 Retired to NAHS Assessor OptiPlex 390 2134JS1 aopubl Retired to NAHS Police OptiPlex 390 2155!51 005212 Retired to NAHS Police Vostro 320 BMK3TL1 002732 Retired to NAHS Police OptiPlex 780 9W338P1 002740 Retired to NAHS Police OptiPlex 780 9W388P1 002747 Retired to NAHS Police Optiplex 9020 6KW7R22 101474 Retired to NAHS Police OptiPlex 390 21313JUS1 005210 Retired to NAHS Assessor OptiPlex 390 2145JS1 aopubl Retired to NAHS DPW OptiPlex 780 8S8QBM1 DPW-007 Retired to NAHS WTP E4300 35862087 002638 Retired to NAHS High School(Police) OptiPlex 7010 GHWR6Z1 napd-hs Retired to NAHS Police OptiPlex 390 212GJS1 napd-37 Retired to NAHS r n i I e i AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. IVlaylor From: Laurie Burzlaff, Executive Assistant Date: September 22, 2015 Re: Osgood Solar, LLC. Attached are an update regarding the solar projects in town and a copy of the Memorandum of Understanding (MOU) between the Town and Osgood Solar, LLC, outlining the terms of the PILOT Agreement and Net Metering Credit Sales Agreement.The Board is being asked to authorize the Town Manager to execute a PILOT Agreement and Met Metering Credit Agreement in accordance with the MOU for terms in excess of three years. r INTEROFFICE MEMORANDUM To: Board of Selectmen From: Andrew Maylor,Town Manager Date: September 16, 2016 Re: Solar Projects As you know during that past two plus years. I have provided you with communications and documentation regarding what a large scale solar development would mean to the Town of North Andover. The discussion centered around two such projects that were being contemplated. As a reminder,those projects were proposed for a site on Great Pond Road awned by the Brooks School and for the Osgood Landing site at 1600 Osgood Street. Back in 2015 I recommended, you supported, and ultimately Town Meeting approved warrant articles giving us the authority to negotiate and execute the necessary documents if either of these developments ultimately went live. Brooks ,School As you may remember, the Brooks project on two occasions during the past three years looped like it would become a reality. At 2.2 megawatts it was a large project with the property owner- planning on using the energy generated to come "off the grid" as it relates to electricity. Since this project was for the schools use/consumption our economic benefit would be in the building permit fees generated and in executing a payment in lieu of taxes (PILOT) agreement. Just prior to Brooks choosing not to proceed with the project, I had in fact reached the terms of such an agreement with Brooks which would have yielded just under$5001 during a 20 year period. For informational purposes, the reason Brooks did not proceed was they could not obtain approval from the utility to run the required infrastructure from the proposed site under Great Pond Road to the location on their campus where it needed to be connected. The future of this project is unknown. 1600 Osgood This solar project was proposed by the owners of the property in 2014 (although operating under a different name) and involves the installation of 6 megawatts of solar in three different locations on the 140 acre parcel. As you may recall the original plan was for rooftop panels, panels in the back (south) and panels on both the east and west sides of the buildings. Some of the non-rooftop panels were planned to be constructed as carport canopies. The Planning Board approved the project with many conditions and the owner/developer sued indicating that the conditions were too onerous. Settlement discussions resulted in a new plan being proposed which eliminated any panels on the east(most visible from the street) and eliminated the use of carport canopies. The new plan was approved by the Planning Board with very few conditions and the lawsuit was withdrawn. Since that time the rooftop panels (about 1/3 of the total project) have been installed. Anecdotally, a new roof was installed by the owner prior to the installation of the panels. In order to install the remaining panels, the truck driver training school (NETTTS) will need to be relocated and that also needs Planning Board approval (it is a long story on why this was just not added to the last Planning Board request). The Planning Board is expected to approve that request at their 9120116 meeting. Since the financial viability of this project is linked to two very important and rigid dates one of which is December 31, 2016, and the other about a week later the developer is working aggressively to complete the project and go live by the end of the year. There is still some question if this will happen. The following Business Deal assumes the project is complete and operational by the end of the year. If not, the financial benefit will diminish to some degree. 1600 Osj400d w..The Business Deal Similar to the Brooks School project, the Osgood Solar project will make an annual PILOT payment as well as pay applicable building permit fees. However, since the energy produced by the arrays will be sold back to the power grid, the developer will also receive Net Metering Credits. 1, Building Permit Fees Several different building permits will be required for this project. I estimate that the building permit fees will generate between $120,000 and $135,000 in revenue (including electric permits). As of today, we have received more than %2 of that amount and since the project needs to be operational by December 31, 2016, we should logically expect the balance of the fees no later than that date. 2. PILOT These types of projects almost always have Payment in Lieu of Taxes (PILOT) Agreements. The logic is that it eliminates questions of if, or what, should be subject to personal property tax(these are not real estate taxes). Additionally, although there must be a logical basis for the tax and the Massachusetts Department of Revenue must approve the PILOT, there is a component of negotiation involved in a PILOT Agreement and the developer loses their ability to seek an abatement as they would with a tax payment. Having the certainty of knowing the annual tax amount assists in the financial planning for the developer. The developer and I have agreed to an annual PILOT payment of$85,000 for the next 20 years or a total of$1,750,000. In the industry this translates to $14,333 per megawatt hour DC. In negotiating this amount I used data from more than 20 communities and consulted with our special counsel and internal staff. The amount places us in the top 25% of the communities I had data from and is a fair-amount. This new income stream will be a general fund revenue. 3. Net Metering Credit Sales Agreement As mentioned previously, this development will send all the energy produced back to the power grid. When it does the developer will receive credits for each kilowatt hour produced. In the case of this 6 megawatt DC project there will be an average of 7,100,000 kilowatts of credits generated annually. I say average because in very cloudy/snowy years the kilowatts could drop to 6,600,000 and in very sunny/non-snowy years (like this year) the kilowatts produced could be 7,640,000 (the "perfect storm" from an upside perspective would be 8,000,000 kilowatts). The developer needs to find one or more "off takers"who will agree to buy the credits they generate. Since the Town uses more kilowatt hours annually than the project will produce we can be the exclusive "off taker"buying all the credits. These credits work like any other consumer credit, they can be applied against bills-in this case NGrid electric bills. Based on the current rate of these credits ($16.1 cents) if Osgood Solar produced the annual average amount of credits identified above the dollar value of the credits would be $1,143,100 (7,100,000 x .161). This dollar value of the credits can be applied toward electricity bills. Since these credits have a dollar value, but are not money,the developer needs to locate a consumer willing to purchase these credits and must also create an incentive to do so. This is where the town comes in. I have reached agreement with the developer to purchase all of the credits annually at 85 cents on the dollar. So using the figure above of$1,143,100 in an average year, the Town would pay the developer 85% of that amount, $971,635, and in turn receive a credit of$1,143,100 off of our NGrid electric bills saving $171,465 ($1,143,100—$971,635). If the kilowatts produced are higher in any one year because there are more sunny days, the credits would go up and vice versa. The same can be said with the 16.1 cent rate. If the rate increases there will be more credits and vice versa. However, on average the credits will save the town the previously mentioned $171,465 per each for the next 25 years or a cumulative savings or$4,286,685. Net Metering Credit Sales Agreements most commonly are for 20 years,but also can have a duration of 30 years or 25 years. I am supporting a 25 year agreement since doing so allowed me to negotiate a more favorable "Price" or discount. Please note that in FY16 the Town's cost of electricity for all buildings, parking lots, and streetlights was approximately $1,450,000. If these agreements are approved on average this amount would decrease by the $171,465 calculated above. It is important to note that I have taken a somewhat uncommon,but risk adverse, approach to this component of the Business Deal. Many similar agreements allow the Buyer to purchase power at a discount as a way of saving money or purchase credits like we are,but with a"Price" floor where the Buyer would incur an added cost if the price went below that floor. These agreements can lead to greater savings,but also expose the Buyer to increased risks depending on rate fluctuations. If the agreement proposed is adopted the Town will receive a 15% credit regardless of the rate for the credits. I would also note that based on what we see from other communities I still believe that, although risk adverse, we received a very favorable discount. Business Deal—Summary • Building Permits $120,000 (up to $135,000) • PILOT $1,750,00 (20 year total) • Net Metering Credits $4,286,685 (25 year total) 20 Year Total $51299,300 25 Year Total $6,156,685 1600 Osgood—Next ,Steps The PILOT Agreement and Net Metering Credit Sales Agreement were drafted for the Town by Rick Holland of Kopelman and Paige. Mr. Holland is one of the preeminent attorneys in this field and has represented many Massachusetts communities with similar agreements. The draft agreements are currently with Osgood Solar's attorney and, assuming the two attorneys can reach agreement, I will present the documents to you for approval. This is likely to happen at the September 26, 2016 meeting (I will assume an executive session in advance of the meeting). The one wild card at this point is whether the entire development can be operational by December 31, 2016. Although the Planning Board is likely to approve the moving of NETTTS on September 201h, the building permits cannot be issued under our bylaw until 20 days after the decision is filed. Meeting the deadline will be very close. If the deadline cannot be reached then you should expect that the developer will seek a less lucrative deal since their profitability will be adversely impacted. Memorandum of Understanding Town of North Andover and Osgood Solar, LLC Property Owner 1.600 Osgood Street, LLC Property Location 1.600 Osgood Street, North Andover, MA 01845 Facility Owner/Net Osgood Solar, LLC Metering Credit Seller Facility Host/Net Town of North Andover, Massachusetts Metering Credit Buyer Facility 6 MWdc Solar(4.28 MWac) Consisting of 1.7,136 Hyundai Solar Modules, PanelClaw mounting systems (roof and ground), Solectria Renewables Inverters, Interconnected to National Grid, Osgood Landing Substation, Maintained by Ozzy Properties Facility Expected 7,100 MWh of electricity (Year 1, based on an average weather Production conditions) Payment in Lieu of Taxes 20-Year term (PILOT) Agreement $14,833 per MWdc per year, no escalation ($1,779,960 cumulative term) Net Metering Credit Sales Buyer purchases 100%of the energy credits produced from Seller for 25 Agreement (NMCSA) years. NMCSA Purchase Cap At the Buyers option, Buyer may elect to limit purchase to no more than the dollar value of 8,000 MWh annually for years 1-20, and 7,200 MWh capped at years 21-25, NMCSA Buyers Buyer will Pay Seller 85%of the dollar value of credits produced by the Percentage Facility at a frequency defined in the NMCSA. Extensions 5-year extensions to the NMCSA, as agreed to by both Buyer and Seller. Permitting All town permits must be issued for all aspects of the solar facility construction and related operations (specifically the New England Tractor Trailer Training School relocation) by October 12, 2016,This assumes that the Seller submits all necessary documents in sufficient time for the building inspector and other town staff to issue said permits by October 12, 2016. Agreements The Buyer and Seller agree to work in good faith to finalize the PILOT and NMCSA documents by September 26, 2016. Buyer agrees to seek the approval of the Board of Selectmen to execute the PILOT and NMCSA for terms in excess of three (3)years at the selectmen's meeting on September 26, 2016, Buyer and Seller agree to execute the PILOT and NMCSA upon satisfactory receipt of all "Permitting" as described above. The parties hereby acknowledge and agree to the above terms. Tow41oT,,fiA ndoverf� Osgood Solar, LLC Andrew W. Ma dor, TQW)l Manager Orit Goldstein, Manager~ Date: Date: q O yywP ° n•0 o ery &SACHUSg INTEROFFICE MEMORANDUM TO: Andrew Maylor DATE: September 22, 2016 Town Manager FROM: Ray Santilli 60-1-fojo' Assistant Town Manager SUBJ: Town Hall Project The Town Hall project is nearing completion. The renovated and expanded Town Hall will be open for business on Monday, October 24t". As you are aware, the renovation project included the construction of a front entryway plaza. This plaza, along with the new sidewalk, will result in creating three (3) new parking spaces (in addition to the one existing parking space) directly in front of Town Hall. For the convenience of those people conducting business in Town Hall, it is requested the Board of Selectmen approve these four (4) parking spaces be marked as short-term parking (20 or 30 minutes) for Town Hall business only. i s ° • t yL-j i A AGENDA COVER MEMORANDUM To: Board of Selectmen i Thru: Andrew W. Maylor Erorm, Laurie Burzlaff, Executive Assistant i Date: September 22, 20�16 I Re: Donation The (Board is being asked to accept the donation from Wheelabrator Technologies in the amount of $10,0010 to be used for Trauma Intervention Program services, ; n ervel, 11 No f of Merrimack Valley, Inc. �'t"t° ';•<ra y helping c ttt_.ctis tel rr•i w i-%' July 20,2016 BOARD of nWCTORs Andrew Maylor, Town Manager 120 Main Street Director Kristin Kowalski,MS,CLS North Andover,MA 01845 Chairperson Diane Lovallo 12N,AfStV,rl<JBA secretary Ir na.Devan Dear Andrew; Gregg Christie Thank you for your past support of the Trauma Intervention Program in the RevJohnDelaneyChieffaal Gallagher altcgher Merrimack Valley, Inc. (TTP). TIP works hand in hand with your police and fire ' Barbara t rondine departments providing on scene victim assistance to town residents. Chief Patrick Keefe Chief Michael Mansfield Chief Andy Melnikas Print and T.V. media, along with North Andover residents continue to see the Beth Pahiglan RN value in our volunteer efforts as the police and fire departments call TIP Chief Timothy Sheehy Chief Joe Sblonaon volunteers to assist adults and children in need of emotional and practical support. TIP` is entering its 24h year of service and has provided direct on scene assistance to well over 25,000 children and adults in our community. TH?'voLYJNTEER Kate Allard Feedback from emergency first responders and victim survivors continues to be LisaApoviara very positive. Most notably the responders appreciate being "freed up" from the Lueh Caremotional needs of their clients so they can tend to their on scene job SrSusanComeauona Susan Grenier responsibilities knowing the traumatized children and adults in the community Joyce Flashem M11.Ed Karen Held are being cared for. Family members especially appreciate not being left alone in Kristin Kowalski A,(S,CLS a crisis situation and TIP's presence makes the"system"look good. Para LaBarre Ruth Ann LeHone JcryLaftaracl Enclosed the annual invoice for$1.0,000 for TIP services for the Town of North Kathy 'thaLaroC e Karina Har otty Andover. If I may be of further assistance,please do not hesitate to contact me. L)onrra tWlar°lira CarolMahar Lea Savely Sincerely, Susan Waronan A1.Ed Pain Worthington vk Spanish Translators'rs' Kristin I-owalski,MS Ler,OlivoDirector Wenc4l Delaney, Esq. GC: Chief Paul Gallagher Attorney/l alional TIP Chief Andy Mehiikas TrainerScott Emerson Lir.Jaycm Lanchy,AR)VP-BC Caarrsalltoa,t/Afational TIP Trainer 613 Main Street Suite 9.Andover,MA.01 F 10 i979) 17.y-PIPS(9 l±"7) www. CEALLrnaintervent 1.011.01-8 rauma Intervention F'rogram of Merrimack Valley, Inc. - "C11!„Plls 11elp lig citizens Ll Cl'ISIS, INVOICE DATE INVOICE# 7/20/2016 6 BILL TO: Wheelabrator Technologies Susan Hamel— Sr Accounts Payable Clerk, SSC 285 Holt Road North Andover, MA 01845 DESCRIPTION AMOUNT TIP OF MERRIMACK VALLEY USER AGENCY FEE $10,000.00 ON BEHALF OF THE TOWN OF NORTH ANDOVER Send to: TRAUMA INTERVENTION PROGRAM OF MERRIMACK VALLEY, INC. 68 Main Street Suite 8 TOTAL $10,000.00 Andover,MA 01810 68 Main Street Suite 8 Andover,MA 01810 (978)475-TIPS(8477) www.traumailatervention,org • I AGENDA COVER MEMORANDUM To: Board of Selectmen Thrw Andrew W. Maylor From: Laurie Rurzlaff, Executive Assistant Gate: September 22, 2016 Re: Appointment The Appointment Subcommittee is irecommending Stacey Leibowitz be appointed to the Commission on Disability Issues. North Andover, MA �,. 120 Main Street Phone: 978-688-9500 Volunteer Form Good Government Starts vvith You Date Submitted: September 1, 2016 Name: Stacey Leibowitz Home Address: 88 Farrwood Avenue,#10 NOR"T"H ANDOVER,MA 01845 Mailing Address: 88 Fanwood Avenue,#10 NORTH ANDOVER,MA 01845 Phone Number(s): (781)-521-9552-Cell Email Address: staceyleibowitz@verizon.net Current Occupation/Employer: Director of Program Operations,CLASS, Inc. Narrative: I have worked in the field of disability services and mental health for many years. I also am a legal guardian to a younger sister with cognitive disabilities and working to provide her with appropriate services and community access. I have direct knowledge of state and federal laws governing disability services,social security,Department of Developmental Services, and Mass Health. I understand the services and access that individuals with disabilities need and deserve to have. I have a Master's Degree in Health Care Management and Policy. I have a few hours per month. I would need to know more about the requirements of sewing but I am very interest in helping to support my community. Board(s)/Committee(s): COMMISSION ON DISABILITY ISSUES TOWN OF NORTH ANDOVER OFFICE OF 'SOWN CLERK 120 MAIN STREET NORTH[ ANDOVER, MASSACHUSETTS 01845 NAORTh Joyce A. Bradshaw, CMMC Telephone (978)688-9501 Tbivii Clerk, r FAX(978)688-9557 "'3A kiUS�`� MEMORANDUM TO: Phil DeCologero, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich, Asst. Town Clerk DATE: September 26, 2016 SUBJECT: One Day Liquor:License Requests Attached please find an application for a. One day All Alcohol license request from Paul Gallant, on behalf of Merrimack College, The events are to be held on September 30"' Included are favorable recommendations from the Police Department, Fire Department and the Building inspector. All fees have been paid. Please do not hesitate to contact nye if you have any questions or concerns. Thank you. i TOWN OFNORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (3ODAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERR|MACKCQLLEGE Name &Address ofResponsible Party: K4ERRhK4ACKCOLLEGE/PAULGALLANT 316TURNPIKE ST, NORTH ANDOVER, MA-01Q45 Contact Numnber& e-mail Gallant a 970'837''3523 Location nfEvent: Sanctuary Lounge Type of Event-Ground Breaking Ceremony |sthe event being catered? Yes X NV Name ufCaterer SODEXOFOOD SERVICE Date &Time ofEvent: 9/30/16 4pm-9pm Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol X Wine ]& Malt ALCOHOL MUST BEPURCHASED 8YTHE LICENSEE FROM AWHOLESALER Has permission been received from, the property owner tohold this event? YE5_________ Who isserving the alcohol? SQ0EXO/MERRUM�ACKCOLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TUPS CERTIFIED 1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day A/cobo�| License and certify that | am not prohibited from holding such license. | agree that the Town, of North Andover ioinmoway responsible for the actions Vfthe applicant. Applicant's Signature Date `-VaoachosettsGemera| Laws, Chapter 138, s 14 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters 795 Chickering Road NORTH ANDOVER, MASSACHUSETTS 01845 t4ONTH A4, Chief of Deparlinent V,°Es;" "6 °L Cliief(978) 688-9593 WILLIAM MCCARTH + _ Business (978) 688-9590 FAX(978) 688-9594 A. USEi To Suzanne Pelich September 9, 2016 From: Lt Robert Bonenfant Re: Merrimac College Liquor License The Fire Department has reviewed the request by Merrimac College for a one day liquor license to be used at the Sanctuary Lounge on 9130116 from 4 to 9 pm for a ground breaking ceremony. We do not have any issues with these requests. Lt Robert Bonenfant Fire Prevention Officer North Andover Fire SERVING PROUDLY SINCE 1921 s n, 1 •-•Community partnership-- Operations Division Lieutenant Daniel P. Lanen TO, Suzanne Pelich _ FROM. Lieutenant Daniel P. Lanen RE: One Day Liquor License Request-Merrimack College- September 30, 2016 4:00 PM—9:00 PM Sanctuary Lounge DATE: September 13, 2016 Please be advised that the following request for a one day liquor licenses has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including, but not limited to, MGL Chapter 138, consisting of various applicable sections, The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1) week from the event. These can be delivered United State Postal Service,Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 t=ax:978-681-1172 9/19/2016 Town of North Andover Mail-Re:Scan from Clerk's Office NUR' 1 ANIOVR Suzanne Pelich nor <s elichthandoverma. ova Nlassachuselt p @ g Re: Scan from Clerk's Office 1 message Donald Belanger <dbelanger@northandoverma.gov> Mon, Sep 19, 2016 at 3:10 PM To: Suzanne Pelich <spelich@northandoverma.gov> The Building Department has no issues and will approve the one day liquor license application from Merrimack College. The event being held on September 30th from 4pm-9pm Donald Belanger On Mon, Sep 19, 2016 at 12:54 PM, Suzanne Pelich <spelich@noithandoverma.gov> wrote: Just a friendly reminder that I still need your recommendations for this Merrimack College one day liquor application. Thank You, Suzanne ---------- Forwarded message ---------- From: Suzanne Pelich <spelich@northandoverma.gov> Date: Thu, Sep 8, 2016 at 11:37 AM Subject: Fwd: Scan from Clerk's Office To: Donald Belanger<dbelanger@northandoverma.gov>, Daniel Lanen <dlanen@napd.us>, Robert Bonenfant <rbonenfant@northandoverma.gov> Good Afternoon, Attached please find an all alcohol one day license application from Merrimack College. The event is to be held on September 30th from 4pm-9pm. If you could please send me your recommendations. Thank You, Suzanne ---------- Forwarded message ---------- From: <spi coworks @north andoverm a.gov> Date: Thu, Sep 8, 2016 at 11:29 AM Subject: Scan from Clerk's Office To: Suzanne <spelich@northandoverma.gov> This E-mail was sent from "Clerks-Ricoh-SP-5210SR" (Aficio SP 5210SR). Scan Date: 09.08.2016 11:29:12 (-0400) Queries to: spiceworks@northandoverma.gov Assistant Town Clerk 120 Main Street North Andover,MA 01845 Phone,(978) 688-9501 Fax:(978) 688-9557 Email speliclr@northandoverina.gov Web www.northandoverrna.gov https://m ai l.google.com/m ail/u]0/?ui=2&ik=OOf5O782ad&view=pt&search=inbox&th=l5743db2l o294fo2&siml=15743db2le294fe2 112 Job Posting/Vacancy Log September 19,2016 Date Posted Position Department Hiring Status Manager 9/2/16 Night-Weekend Stevens Memorial Kathleen Keenan Posted on Town website Merrimack Valley Library Reference Librarian Library Consortium website. 9/2/16 Library Assistant Stevens Memorial Kathleen Keenan Posted on Town website Merrimack Valley Library Library Consortium website. 6/7/16 Teen Librarian Stevens Memorial Kathleen Keenan Reviewing resumes on file. Hired individual pending Library satisfactory reference checks. Candidate withdrew to accept employment elsewhere with more hours and benefits. Four direct applications received, 10 others who applied for other positions asked if interested in this position and three were added to the pool for consideration. Reviewing resumes on file. Candidate offered position declined due to better offer from another employer. Receiving resumes. Posted on town website and,Merrimack Valley Library Consortium site, NH Librarians site and Simmons College. 6/7/16 Reference Librarian Stevens Memorial Kathleen Keenan Receiving resumes. Posted on town website and, Library Merrimack Valley Library Consortium site,NH Librarians site and Simmons College. 5/24/16 Town Counsel Town Board of Individual meetings with three finalists offered to Board Selectmen of Selectmen the week of 9/19. References will be checked for the three finalist the week of 9/19.The field of candidates was narrowed from 6 to 4. Second interviews were held for 3 candidates on 9/6/16 and the last one will be held on 9/14/16. Committee will recommend up to 4 candidates for further consideration. Received 25 individual resumes and two from firms, selected six candidates to be interviewed,three on 8/3/16 and three on 8/17/16. Position posted on Town website,Indeed.com,Eagle Tribune with Monster.com, Law ers Weekly. Ceftificate of Recognition Presented to Francis In recognition of completing your Eagle Scout Project by designing, constructing and installing an informational kiosk and donating it to the Town for use at The Summit Trail at Osgood Hill.. Your leadership, dedication and hard work in making this improvement to The Summit Trail are greatly appreciated. Thank you for your community service on behalf of the Town of North Andover. Presented.by the . sNorth Andover Board of Selectmen _ September 26, 2016 Richard M. Vaillancourt, Chairman