HomeMy WebLinkAbout2014-10-06 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET,
NORTH ANDOVER, MASSACHUSETTS 01845
Richard M. Vaillancourt, Cliairrnarr
Williarn F. Gordon TEL. (978)688-9510
Rosemary Connelly Srnedile FAX(978)688-9556
Donald B. Stewart
Tracy M. Watson
BOARD OF SELECTMEN& LICENSING COMMISSIONERS
AGENDA
MONDAY,OCTOBER 6,2014 at 7:00 PM
TOWN HALL MEETING ROOM
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. September 18,2014 and September 22,2014 Open Session Minutes, as written
B. September 29, 2014 Strategic Planning Meeting Minutes,as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Swearing-In Ceremony—Firefighters Daniel Napoli and Neil Patnaude
B. New business recognition:
1. Amastan Holdings
2. Theia Studios
3. Acelleron Maternal Health&Wellness
4. Acelleron Medical Products
C. Kevin Block,The Trustees of Reservations—Update on Weir Hill
V. CONSENT ITEMS
A. Appointment to Council on Aging—Joe Sergi
B. James Doucett requests permission to hold the `26`t'Annual Cambridge Sports Union Rollerski Race'
on Sunday,November 2,2014 starting 9:30 a.m. at Drummond Playground
C. November Elections:
1) Vote to Open Polls at 6:00 a.m.
2) Vote and Sign Warrant for Elections
D. Set date of 2015 Annual Town Meeting
VI. LICENSING COMMISSIONERS
A. Mukta Shah of Merrimack College requests a One-Day Wine&Malt License for an `Orientation
Banquet' at Cascia Hall on Wednesday,October 15,2014 from 5:00 p.m.to 10:00 p.m.
B. Mukta Shah of Merrimack College requests a One-Day Wine&Malt License for a Homecoming event
under a tent on Saturday, October 18,2014 from 11:00 a.m,to 5:00 p.m.
C. Mukta Shah of Merrimack College requests a One-Day Wine&Malt License for a theatre show at
Rogers Center on Saturday,November 1,2014 from 7:00 p.m.to 10:00 p.m.
D. Mukta Shah of Merrimack College requests a One-Day Wine&Malt License for a theatre show at
Rogers Center on Friday,December 5,2014 from 7:00 p.m.to 10:00 p.m.
VII. PUBLIC HEARING
VIII. OLD BUSINESS
A. Dog Park update
IX. NEW BUSINESS
X. PUBLIC COMMENT
XL TOWN MANAGER'S REPORT
A. `Ask the Manager'
B. Capital Projects Status Report
XII. NEXT MEETING DATE
Monday, October 20,2014
XIII. ADJOURNMENT
I
Approval of Minutes
JOINT MEETING OF THE BOARD OF SELECTMEN AND SCHOOL COMMITTEE
MINUTES September 18, 2014
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:30 PM at Town Hall
Meeting Room.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk William Gordon,
Tracy Watson, Rosemary Smedile, Donald Stewart, Town Manager, Andrew Maylor, Chairman of the
School Committee, Andrew McDevitt, Stan Limpert, Brian Gross, Zora Warren, Superintendent Kevin
Hutchinson, and Assistant Superintendents Gregg Gilligan and James Mealey.
EXPLANATION OF PROCESS:
Chairman Vaillancourt explained the evening will proceed as follows:
Process statement will be read by the Clerk
Move all candidates into consideration
Public comment
Candidates will have 5 minutes to speak on their behalf. 7 candidates were present.
Vote for vacancy
Board of Selectmen Clerk, William Gordon read the following Statement of Process:
The process for filling the open school committee vacancy in North Andover is governed by MGL Chapter
41, Section 11 which requires that the School Committee give notice to the Board of Selectmen within 30
days of when a vacancy occurs. That notice, in the form of Laurie Burzlaf's formal letter of resignation
was received on August 11, 2014. Within days, Andrew McDevitt,the chairman of the School Committee,
and Dick Vaillancourt, Chairman of the Board of Selectmen, had charged the Town Manager with drafting
an advertisement for the position and placing that"ad" on the town and school websites, social media,
and on community television. Additionally, both the School Committee and Board of Selectmen
announced the vacancy at their respective meetings in August, The result was a robust pool of 8
candidates. Other than indicating that a roll call vote at a joint meeting of the Board of Selectmen and
School Committee is required, neither the statute nor the town charter prescribe a process for filling the
vacancy. Additionally, the state's Open Meeting Law strictly limits the level of discussion that can take
place regarding the process to fill the position. Therefore, Mr. McDevitt, Chairman of the School
Committee, and Dick Vaillancourt, Chairman of the Board of Selectmen, worked together to schedule a
date for a joint meeting of the School Committee and Board of Selectmen and agreed that the candidates
would not be required to.attend that meeting. After further discussions with Mr. McDevitt, we agreed to
allow each candidate the opportunity to make a 3-5 minute statement at the joint meeting. The Town
Manager released the names of the candidates to the public along with the letters of interest and/or
resumes submitted by each candidate. This information was posted on the town's website and was also
made available via social media.The process to date has exceeded the requirements of MGL Chapter 41
and has been in strict compliance with the Open Meeting Law which, as it relates to this specific matter,
was intended to allow the selection process to unfold in the full light of the public eye.
Stan Limpert made a motion seconded by Rosemary Smedile that the Board of Selectmen and the
School Committee accept all candidates into consideration. Vote approved 9-0.
PUBLIC COMMENT:
NONE
CANDIDATES STATEMENTS:
Jeff Moon of 141 Berry Street made a statement.
Eitan Goldberg of 265 Middlesex Street made a statement.
Brad Howard of 24 Glenwood Street made a statement.
William Kelly of 124 Peachtree Lane made a statement.
Holly Vietzke-Lynch of 385 Raleigh Tavern Lane made a statement.
Board of Selectmen September 18, 2014 2
Helen Pickard of Waverly Road was not present. A statement was read by Stan Limpert, Clerk of the
School Committee.
Mark Svendsen of 201 Hay Meadow Road made a statement.
David Torrisi of 67 Settlers Ridge Road made a statement.
BOARD OF SELECTMEN/SCHOOL COMMITTEE COMMENTS:
Chairman Vaillancourt explained the agreed upon process for voting. The board members discussed
alternative methods of voting. Chairman Vaillancourt asked the Town Manager, Andrew Maylor, if there
were alternative methods of voting. Rosemary Smedile suggested, that regardless of the method, that a
School Committee member be given the courtesy of making the initial motion regarding a candidate.
Although no vote was taken, Chairman Vaillancourt agreed to recognize the Chairman of the School
Committee to make the first motion.
Stan Limpert made a motion, seconded by Brian Gross, to vote for two candidates, each by
motion and then vote on the final candidate from those two candidates.
Roll call vote:
Rosemary Smedile- Yes
Stan Limpert- Yes
William Gordon-No
Brian Gross- Yes
Andrew McDevitt-No
Tracy Watson-No
Zora Warren- Yes
Donald Stewart-Abstained
Richard Vaillancourt-No
Vote denied 4-4-1
Stan Limpert thanked the candidates and stated he is looking for a candidate with experience and
commitment to the town.
Donald Stewart thanked the candidates and stated he is looking for a candidate that can step in and do
the job. He is considering Bill Kelly and David Torrisi.
Zora Warren thanked the candidates and stated she is looking for a candidate with experience working
with the schools.
Tracy Watson thanked the candidates.
Brian Gross questioned why the board cannot work with 4 members. Mr. Gross thanked the candidates
and encouraged all candidates to pull papers for the March election.
William Gordon thanked the candidates and stated he is looking to appoint someone that can hit the
ground running, is up to speed with what is going on in town, and has the ability to work with other
boards.
Andrew McDevitt thanked the candidates and stated it is critical to get the right person and stated he is
basing his decision on the candidate's ability to work with the town and get things done.
Richard Vaillancourt thanked the candidates.
Rosemary Smedile thanked the candidates.
Zora Warren made a motion, seconded by Stan Limpert, to nominate Holly Vietzke-Lynch.
Roll call vote:
Rosemary Smedile- No
Stan Limpert- Yes
William Gordon-No
Brian Gross- Yes
Donald Stewart-No
Zora Warren- Yes
Tracy Watson-No
Andrew McDevitt-No
Richard Vaillancourt-No
Vote denied 3-6
Board of Selectmen September 18, 2014 3
Andrew McDevitt made a motion, seconded by Tracy Watson, that the Board of Selectmen and
School Committee appoint David Torrisi to fill the vacancy of the School Committee through the
next town election.
Roll call vote:
Donald Stewart- Yes
Zora Warren-No
Tracy Watson- Yes
Brian Gross-abstained
William Gordon- Yes
Stan Limpert-No
Rosemary Smedile- Yes
Andrew McDevitt- Yes
Richard Vaillancourt- Yes
Vote approved 6-2-1
Rosemary Smedile, made a motion, seconded by William Gordon, for unanimous vote.
Roll call vote:
Rosemary Smedile- Yes
Stan Limpert- Yes
William Gordon- Yes
Brian Gross- Yes
Andrew McDevitt- Yes
Tracy Watson- Yes
Zora Warren- Yes
Donald Stewart- Yes
Richard Vaillancourt- Yes
Vote approved 9-0
ADJOURNMENT:
William Gordon made a motion, seconded by Tracy Watson, to adjourn the meeting of the Board
of Selectmen at 8:52pm. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
William F. Gordon, Clerk of the Board
BOARD OF SELECTMEN MINUTES September 22, 2014
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00 PM at Town Hall
Meeting Room.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk William Gordon,
Licensing Chairman Tracy Watson, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli, Executive Assistant Laurie Burzlaff.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Tracy Watson,to approve the Open Session
Minutes of September 8, 2014 as written. Vote approved 5-0:
COMMUNICATIONS AND ANNOUNCEMENTS:
Mary Marra, Executive Director, Bread & Roses Housing
Mary Marra, the Executive Director of Bread & Roses Housing, gave a report regarding the successful
renovation and the conversion to an affordable housing unit of the property located on Waverly Road.
With the help of several town departments and a grant from the Affordable Housing Trust, the project was
able to be completed in four(4) months. Ms. Marra read a thank you letter from the new homeowner to
the Board. Town Manager, Andrew Maylor, stated that because of the success of this project, they hope
to identify other properties in town for future affordable housing,
MGL c138, §15 allowing package stores to sell alcoholic beverages beginning at 10:00 a.m. on Sundays
Effective October 23, 2014, package stores will be allowed to sell alcoholic beverages beginning at 10:00
a.m. on Sundays. Although not needing the approval of the Licensing Commissioners, licensees are
required to submit notification about the change of hours.
Dedication of Freedom House—Affordable Veterans' Family Housing
The dedication of Freedom'House, located at 138 High Street, will be on Saturday, September 27th at
12:00 noon. Freedom House is the affordable veterans' family housing owned and maintained by the
Veterans Northeast Outreach Center of Haverhill
Elderly and Disabled Taxation Fund
Included in the packet is information from Lyne Savage, Finance Director/Town Accountant regarding the
Elderly and Disabled Taxation Fund. The establishment of this fund was adopted by 2012 Annual Town
Meeting. To date, almost$21,000 in donations has been collected. Per the statute, a committee will
need to be established consisting of the Chair of the Board of Assessors, the Town Treasurer, and three
(3) residents. The committee will be responsible for establishing rules and regulations and deciding how
to distribute the funds. Following an appropriate solicitation of interest, the Board will be asked at a future
meeting to appoint the three resident members.
Other communications and announcements
Chairman Vaillancourt announced the Fall Festival is Saturday, September 27th on the town common.
Tracy Watson announced North Andover Restaurant Week is September 27th- October 3rd.
CONSENT ITEMS:
Request from Thomas Doughty for approval of Eagle Scout Project
Mark Rogers, Assistant Scout Master for Troop 87 introduced Thomas Doughty who seeking approval of
his proposed Eagle Scout project. Mr. Doughty is proposing to build a 100 foot walkway on a lakeside
trail at Rolling Ridge. The Board's approval is necessary as the walkway is to be built on an easement
held by the Town.
Tracy Watson made MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
approve the request of Thomas Doughty for his Eagle Scout project. Motion approved 5-0.
Board of Selectmen Minutes August 20, 2014 2
Halloween Trick or Treat Hours
Included in the packet is the recommendation of Police Chief Paul Gallagher to designate Halloween
Trick or Treat hours on Friday, October 31, 2013 from 5:00 p.m. to 7:00 p.m.
Rosemary Smedile made a MOTION, seconded by William Gordon, that the Board of Selectmen
approve Halloween 'Trick or Treat'on Friday, October 31, 2014 between the hours of 5:30 p.m. and
7:30 p.m. Tracy Watson amended the motion to add that in the event of inclement weather, trick or
treating would be on Saturday, November 1St from 5:30 p.m. to 7:30 p.m. Vote approved 5-0.
Request from Beth D'Entremont to use Stevens Pond on January 1, 2015 from 1:00 p.m. to 3:00 p.m.
for a 'Polar Plunge'
Beth D'Entremont requested to use Stevens Pond on January 1, 2015 from 1:00 p.m. to 3:00 p.m. for a
'Polar Plunge'. Members of the North Andover High School Swim Team were also present. Ms.
D'Entremont gave an overview of the event and explained a lifeguard and nurse would both be present.
Board questioned what would happen if the pond was frozen. Town Manager, Andrew Maylor, will meet
with Ms. D'Entremont to discuss the safety concerns and requirements for event.
Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen
approve the request of Beth D'Entremont to use Stevens Pond on January 1, 2015 from 1:00 p.m.
to 3:00 p.m. for a 'Polar Plunge'. Vote approved 5-0.
LICENSING COMMISSIONERS:
William Gordon made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Michael Lombard of Law Offices of Michael Lombard requests a One-Day All-Alcohol License for staff
appreciation dinner on Thursday, October 2, 2014 from 4:00 p.m. to 8:00 p.m. at Smolak Farms (tent)
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve a One-Day All-Alcohol License for Law
Offices of Michael Lombard for staff appreciation dinner on Thursday, October 2, 2014 from 4:00
p.m. to 8:00 p.m. at Smolak Farms in tent. Vote approved 4-0-1 (William Gordon abstained).
Dan Lyons of Merchant's Warehouse Corp. requests a One-Day All-Alcohol License for corporate picnic
on Saturday, September 27, 2014 from 11:00 a.m. to 3:00 p.m. at Smolak Farms (tent)
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve a One-Day All-Alcohol License for
Merchant's Warehouse Corp. for corporate picnic on Saturday, September 27, 2014 from 11:00
a.m. to 4:00 p.m. at Smolak Farms in tent. Vote approved 5-0.
Juliana Molina requests a One-Day All-Alcohol License for wedding reception on Saturday, October 4,
2014 from 5:00 p.m. to 10:00 p.m. at Smolak Farms (tent)
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve a One-Day All-Alcohol License for
Juliana Molina for wedding reception on Saturday, October 4, 2014 from 5:00 p.m. to 10:00 p.m. at
Smolak Farms in tent. Vote approved 4-0-1 (William Gordon abstained).
Kate Smolik requests a One-Day All-Alcohol License for wedding reception on Saturday, October 18,
2014 from 5:00 p.m. to 10:00 p.m. at Smolak Farms (tent)
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve a One-Day All-Alcohol License for Kate
Smolik for wedding reception on Saturday, October 18, 2014 from 5:00 p.m. to 10:00 p.m. at
Smolak Farms in tent. Vote approved 4-0-1 (William Gordon abstained).
Adam Sapienza of Smolak Farms requests a One-Day Wine & Malt License for 2nd Annual Pumpkin
Smashing Festival on Saturday, November 1, 2014 from 12:00 p.m. to 4:00 p.m.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve a One-Day Wine & Malt License for
Board of Selectmen Minutes August 20, 2014 3
Smolak Farms for 2nd Annual Pumpkin Smashing Festival on Saturday, November 1, 2014 from
12:00 p.m. to 4:00 p.m. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, to close the meeting of
the North Andover Licensing Commission. Vote approved 5-0.
i
OLD BUSINESS:
�I
NONE
NEW BUSINESS:
Signing of Sewer Rate Relief Fund application
The Board signed the annual application for the Sewer Rate Relief Fund prepared by Lyne Savage,
Finance Director/Town Accountant.
PUBLIC COMMENT:
NONE
TOWN MANAGER'S REPORT:
Town Manager, Andrew Maylor, clarified the requirements for the change of hours on Sunday for
package stores. The licensee submits their application to change hours to the town and then the town
submits the application to the Alcoholic Beverages Control Commission.
The Town Manager informed the Board that the town website has information regarding veteran's
abatement and exemption programs.
Merrimack Valley Means Business
The Town Manager briefed the Board about the new website"Merrimack Valley Means Business"
launched by the Merrimack Valley Mayors and Managers Coalition (Amesbury, Andover, Haverhill,
Lawrence, Methuen, Newburyport, North Andover, and Salisbury), in conjunction with the Merrimack
Valley Planning Commission (MVPC). The website will focus on economic development in the region and
offer a unique and technologically'advanced service for prospective and existing businesses looking to
market and/or expand in the region. North Andover will have its own page on the website. The website is
due to be introduced on October 1, 2014. Included in the packet is a summary of the website as well as a
draft application to be filed for a Massachusetts FYI Community Innovation Challenge Grant.
In response to a concern of the Board regarding tree limbs/debris from the recent storm on the sidewalks,
the Town Manager explained that if it is a town tree, the DPW will pick it up. If it is a private tree, the
resident is responsible for bringing the debris to the dump. There have been cases where residents have
brought debris from their backyard to the curb, expecting the town to pick up. The Town Manager asked
that residents do not block the sidewalk with storm debris.
Next Meeting
Monday, October 6, 2014
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by William Gordon, to adjourn the meeting at 7:55 p.m.
Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
William F. Gordon, Clerk of the Board
BOARD OF SELECTMEN MINUTES SEPTEMBER 30, 2014
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 6:00 PM in
Parlor A at the Stevens Estate in North Andover.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, William
i
Gordon, Clerk, Tracy Watson, Licensing Chairman, Donald Stewart, Rosemary Smedile (arrival
6:05), and Andrew Maylor, Town Manager.
NEW BUSINESS:
The Board of Selectmen discussed the following items as part of the Strategic Planning Session
for FYI 6, no votes were taken.
• Street paving refresh. —publish the list of planned roadway improvements and ensure
that it is continually being updated.
o Richard Vaillancourt discussed making the 5 year roadway improvement plan
available to the public and updating that plan on'a regular basis. The other
selectmen voiced their support. The Town Manager indicated the town is working
on an updated plan and he will work with Bruce Thibodeau to have the plan
posted on the town's website.
• Review of all parcels in town to see which ones we have an interest in for future use and
to protect the town from poorly placed or designed 40b projects.
o Rosemary Smedile introduced this topic and the discussion narrowed to having
the Town Manager identify 5-10 parcels which pose the most downside if
developed from their current use without community involvement (i.e. farms).
The selectmen then agreed that when the parcels were identified the town could
look into obtaining either a first right of refusal regarding a purchase, a
conservation restriction or some other control mechanism.
• Keep doing what we are doing...sustainable government, no overrides, increase our
Stabilization Funds.
o William Gordon expressed his support for continuing the plan that has yielded
positive financial results during the past three years. The other selectmen voiced
their support as well.
• Transportation to and from Boston...commuter rail or bus.
o The board expressed their support for increasing transportation from North
Andover to Boston via bus or rail.
• Trees...we need a sustainable program that will maintain our current tree lined streets and
continually plant new trees every year.
o William Gordon and Tracy Watson indicated that we needed to implement a plan
to replace the many trees that have been lost over the years in the downtown and
library,area. All selectmen agreed that money should be regularly budgeted to
plan and maintain trees and that we should explore grants. The concept of having
neighborhoods request and then adopt new trees was also discussed.
• Work with the state on getting noise barriers put up along Rte. 495.
o Rosemary Smedile and Don Stewart indicated that the noise from Rte 495 had
increased over the years and the town should seek relief in the form of barriers
from the state. The balance of the board supported the idea.
• Rte 125 Development plan....keep focused on development and possible benefits of
bringing water and sewer to that corridor.
o Tracy Watson, William Gordon, and Rosemary Smedile all expressed support for
the implementation of the Rte 125 corridor study prepared by UMASS. The
question of sewer service in the area was discussed with no firm agreement
reached as it relates to that aspect of the plan.
• Relationship with Lawrence and other communities-regional strategic partnerships.
o Richard Vaillancourt indicated that we should further explore our relationship
with Lawrence to see if there are additional initiatives that can be jointly
undertaken. The board supported this idea and Tracy Watson also with
encouraged additional strategic partnerships.
• Improve the streetscape in the downtown areas with tree plantings, sidewalks, etc.
o Tracy Watson and Rosemary Smedile, along with Don Stewart expressed their
strong support for improving streetscaping in the downtown area including the
mills. The Town Manager spoke about the approved CIP project to enhance this
area.
• Develop a plan with the Police Department on how to best address the substance abuse
problem and drug trafficking in our town and surrounding area.
o Tracy Watson requested that the Town Manager work with the NAPD to develop
a plan to address substance abuse and drug trafficking in town. Rosemary
Smedile supported Ms. Watson's position as did the other members of the board.
• Middle School/Atkinson School development of a Sports Field Complex.
o William Gordon and Tracy Watson expressed interest in improving this area
similar to McEvoy Field, but on a larger scale. Richard Vaillancourt indicated that
this project could be positively transformative for the town. All members voiced
support for this project. The Town Manager said he would work on establishing a
committee to work with a consultant to prepare a preliminary plan.
• Business Relationships - possible meeting with our local large business leaders and
discuss their thoughts on the direction of the town.
o Richard Vaillancourt, with the support of the other board members, would like to
develop a business round table to obtain ideas regarding growing and retaining
I
businesses in town.
• Complete the town buildings complex on Main Street of Town hall, Community
Development, and the Senior Center along with a parking plan.
o Don Stewart and the entire board voiced their support for the Facility Master Plan
and to see the plan to its completion.
• Continued technology improvements.
o Richard Vaillancourt indicated that the town has made progress in implementing
technology enhancements during the last several years and should continue to
strive to use technology whenever possible to enhance communication with the
public. The entire board agreed with Mr. Vaillancourt.
• Long term plan for the Stevens Estate, Gate house, Carriage House, pool and surrounding
grounds.
o William Gordon and the entire board expressed support for the continuing
operation of the Stevens Estate as a function facility. They also supported the
need to request CPA funding for bathroom improvements. The board also
discussed other ideas to increase revenue at the estate like the use of the
swimming pool. The board did not see the benefit of investing in maintaining the
gate house.
• Formalized Policy and Procedures review and update. Ex. draft a policy to address board
vacancies and classroom TIP Certification for all liquor license holders.
o Richard Vaillancourt expressed an interest to review and update the town's
policies and procedures. Don Stewart expressed his support for this idea and
indicated he would prefer that TIPS certification be held in the classroom. The
Town Manager expressed his desire to have the selectmen do this on an annual
basis,the board supported this idea.
• Work with state on addressing too many signs, especially at the Olde Center.
o Rosemary Smedile introduced this topic which expanded to limiting the small
metal pole signs used to advertise events around town to private property and
i
school property (unless they adopt their own policy).
• Rte 114, Merrimack College....keep working with the State to improve the pedestrian
access of that corridor.
o William Gordon, Richard Vaillancourt, and the balance of the board agreed that
the town should continue to focus on working with the state and the college in
making pedestrian and traffic safety improvements in this area.
The Board of Selectmen agreed that the Town Manager should include these items in the
Budget Policy Statement which will be voted at a future meeting.
ADJOURNMENT:
Tracy Watson made a MOTION, seconded by William Gordon, to adjourn at 8:10 PM. Vote
approved 5-0.
Andrew W. Maylor
Town Manager
Communications
And
Announcements
Certificate of Appreciation
Presented to
Amastan Holdings
In appreciation for locating your business in the Town of North Andover.
Thank you on behalf of the Town of North Andover.
Presented by the
North Andover Board of Selectmen
i October 6, 2014
A
Richard Vaillancourt, Chairman
Certificate of Appreciation
Presented to
Theia Studios
In appreciation for locating your business in the Town of North Andover.
Thank you on behalf of the Town of North Andover.
Presented by the
North Andover Board of Selectmen
October 6, 2014
Richard Vaillancourt, Chairman
Certificate of Appreciation
Presented to
Acelleron Maternal Health & Wellness
In appreciation for locating your business in the Town of North Andover.
Thank you on behalf of the Town of North Andover.
Presented by the
North Andover Board of Selectmen
T October 6, 2014
q
t
�' Richard Vaillancourt, Chairman
Certificate of Appreciation
Presented to
Acelleron Medical Products
In appreciation for locating your business in the Town of North Andover.
Thank you on behalf of the Town of North Andover.
Presented by the
North Andover Board of Selectmen
October 6, 2014
A �
Richard Vaillancourt Chairman
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Consent Items
ST. - �
T0Y/U11��!�,'��''
Andrew K4ay|or, North Andover Town Manager w' ' ~~� � ��
North Andover Town Hall
120 Main Street
North Andover, MA 01845
July 8,2O14
Dear Mr. K8ayWr,
I would like to formally apply for the open Board of Directors position on the Council on Aging.
My name io Joe Sergi. I'm OO years old and have been a North Andover resident for most ofmylife. |
have lived atmy current address for forty(40)years
I'm u graduate of Boston College with o degree inBusiness. |worked for Raytheon Corporation for 27
years prior tomyretirement. K4y primary positions were International Business Manager for the Patriot
Missile System and Director of Administration for tile C2| Division.
I've been a volunteer at the Senior Center for the past four(4)years working primarily onadministrative
tasks and special exercises for the Director, Irene O'Brien. I believe this provides rne some Insight into
the operation of the Senior Center. |
|
I have good communication and computer skills which could be beneficial to tile Board. |
I hope you will consider my application for tile position. /
'
Since rely,
|
�
|
�
Mr. Andrew W. Maylor
Town Manager
120 Main Street
North Andover, MA. 01845
September 21, 2014
Dear Mr. Maylor,
I would like to request approval to hold the 26th annual Cambridge Sports Union rollerski race in
N. Andover again this year. I would like to hold the race on Sunday November 2, 2014. The
race would start at 9:30 am at the playground on Milk Street. The race is a 2 loop race which
generally has between 20 and 30 rollerskiers.
The race starts on Milk St., turns right onto Johnson St. and proceeds up and then down Johnson
to Rea St., up to Chestnut St. and follows Chestnut back to Milk St. The race finishes on Milk
St. at the playground. The race takes approximately 1 hour for the slower skiers to complete.
We have had no problems holding the race over the years, although it is very helpful if a police
cruiser is at the corner of Johnson and Milk St. at the start to slow any drivers down for the start
of the race. After that the skiers get strung out. I put up arrows for the skiers and have
volunteers to stand and direct skiers at the four major corners. In addition I put out a number of
sandwich board type signs to warn drivers that a race is in progress.
I appreciate the Town of North Andover's willingness to let the Cambridge Sports Union hold
this annual ski season tune-up race. If you have any questions please let me know. I can be
reached at home at 978-475-6323 or on my cell phone at 617-335-6010 or via email at
j doucettncomcast.net.
Sincerely,
James Doucett
Cc: Paul Gallagher, Police Chief
Andrew Melnikas, Fire Chief
Paul Gallagher
Chief of Police
1475 Osgood St.
North Andover, MA 01845
Chief Andrew Melnikas
124 Main Street
North Andover, MA 01845
NORTH ANDOVER
ar` ---Community Partnership---
To:Andrew Maylor,Town Manager
From: Lt. Eric Foulds �CI—
Date:September 30,2014
Re:Cambridge Sports Union Rollerski Race
The Police Department has no issue with James Doucett's request to hold the 26`h annual Cambridge
Sports Union Rollerski Race in North Andover on Sunday, November 2,2014 at 9:30am, as outlined
in his letter of request.
As in years past,the Police Department will provide any barricades and cones needed for the event
and officers will be available to ensure the safety of the racers at the start of the race and along the
race route.
i
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
'FO WN 0FN0R,'1H ANDOVER
1`ire Depailinerit
Cciitral Fire HeadqUarters- Fire Prevention Office
124 MAIN S4 REIE,17
NOR.TH A"NDOVER, MASSACHUSIE"I"I'S it 1845
OORTH
Andrew Melnikas
Firc Chief
're➢epmn
te(978)688-9593
PAX (978)688-9594
Md'.],arthy
-!g,tpik s 'Mwpoffigilhandover.com
�q p, @-�@ . ...-- � --.........................--n.
Fire Prevention Officer US fiTICC 11 1 L(2�Kjj fEkgrthandover.coin
Town Managers Office
120 Main St.
North Andover,Ma
September 22,2014
The Fire Department recommends favorable action for the annual Roller Ski Race to be held at
Drummond Playground on November 2,2014 at 9:30 am.
Respectfully,
Lt Frederick McCarthy
Fire Prevention
978-688-9590
pORTH
OF
3? ut, OL
F 7m0
SSpcHUSE
INTEROFFICE MEMORANDUM
DATE: September 22, 2014
TO: Laurie Burzlaff, Executive Assistant
FROM: Bruce Thibodeau, Director of Public Works
CC:
RE: Annual Rollerski race
The Division of Public Works has no objection to the request from Jamie Doucette to hold the
annual rollerski race on Sunday, November 2, 2014, starting on Milk Street at the playground,
proceeding up Johnson Street to Rea Street, then to Chestnut Street, and back to Milk Street, at
the playground.
If he needs any further assistance from the DPW, please have him contact my office.
NORTH
4 n.
�SSAC HUS�t
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Joyce A. Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail ibradshawntownofiiorthandover.com
MEMORANDUM
TO: Richard M.Vaillancourt, Chairman and Members of the Board of Selectmen
Andrew W. Maylor,Town Manager
FROM: Joyce A. Bradshaw, CMMC, Town Cleric
SUBJECT: November 4,2014 Election Update
DATE: September 25, 2014
I wish to give the Board of Selectmen and the public information regarding the
upcoming November 4,2014 State Election.
• We are preparing for a substantial turnout for this election. All schools
will be closed and any unrelated activities at the site are discouraged. As
of this date North Andover has 18,586 Registered Voters.
• As in past State Elections I am requesting a vote of the Board to open the
polls at 6:OOAM. This is a challenge to extend the voting day to 14 hours.
The Board of Registrars, myself, and especially my dedicated election
workers step forward to assist our commuters. We have had over 1,400
voters in that first early hour.
• All UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act)
ballots were sent out within the statutory guideline. Daily applications are
processed when received.
• We anticipate a large volume of absentee ballot requests. We encourage
early application for us to have sufficient time to process ballots once
received. Students, voters who travel on business, those who may
difficulty getting to the polls are encouraged to apply.
• You may vote in person at the Town Clerk's Office once the ballots are
received. We anticipate early October receipt and will post availability on
the Town's website and in press releases.
• Ballots for this election are posted on the Town's website. There are three
different ballots — Precincts 1,2,3,4 — Precinct 5 and Precincts 6,7,8.
There are four binding state-wide ballot questions.
• I strongly encourage voters to be prepared and have researched their
questions and candidate choice. The "Red Book" distributed by the
Secretary of State has comprehensive explanations. Voters may bring any
type of guides to how they wish to vote with them. We will have limited
copies also available at the polls.
• We have our Automark assisted ballot marking system available for
anyone wishing to use it. This device allows independent voting and has
visual and sound aids and marks the ballot. Election officials are available
to provide assistance.
• Police, Fire Department, and emergency management personnel will be on
site to assist with any issues.
• The last day to register to vote is Wednesday October 15, 2014 with my
office and all Town and City Clerk's offices open until 8:00PM.
• The deadline to apply for an absentee ballot is noon on Monday October 5.
• I will be at your meeting on Monday October 6, 2014 to answer any
questions or provide additional input.
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
SS. To the Constables of the City/Town of North Andover
GREETINGS:
In the name of the Commonwealth,you are hereby required to notify and warn the inhabitants of said city or town who
are qualified to vote in the State Election to vote at
Precincts 1 (One)to 8(Eight)
North Andover High School
430 Osgood Street
on TUESDAY,THE FOURTH DAY OF NOVEMBER,2014,from 6:00 A.M.to 8:00 P.M.for the following purpose:
To cast their votes in the State Election for the candidates for the following offices and questions:
SENATOR IN CONGRESS ... ... .. .. .. . .. FOR THIS COMMONWEALTH
GOVERNOR AND LIEUTENANT GOVERNOR. ........ ..FOR THIS COMMONWEALTH
ATTORNEY GENERAL.... . ...................... .. . .FOR THIS COMMONWEALTH
SECRETARY OF STATE. . .. .... ........... . ..........FOR THIS COMMONWEALTH
TREASURER.............................. ......... FOR THIS COMMONWEALTH
AUDITOR.... . .......... . ........................ . . FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS. ... . . .. . .. . .. . .. SIXTH DISTRICT
COUNCILLOR... . . .... . . ... .. . .. .. .FIFTH DISTRICT
SENATOR IN GENERAL COURT... . . . . . .... . . . . FIRST ESSEX DISTRICT
SENATOR IN GENERAL COURT FIRST ESSEX&MIDDLESEX DISTRICT
REPRESENTATIVE IN GENERAL COURT. . . . . . . . . .FOURTEENTH ESSEX DISTRICT
REPRESENTATIVE IN GENERAL COURT. . . . . . . . . .EIGHTEENTH ESSEX DISTRICT
REGISTER OF PROBATE. . . . . . . . . . . . . . . . . . . .ESSEX COUNTY
DISTRICT ATTORNEY............................................ EASTERN DISTRICT
QUESTION 1:LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below,on which no vote was taken by the Senate or the House of Representatives
on or before May 6,2014?
SUMMARY
This proposed law would eliminate the requirement that the state's gasoline tax,which was 24 cents per gallon as of
September 2013,(1)be adjusted every year by the percentage change in the Consumer Price Index over the preceding
year,but(2)not be adjusted below 21.5 cents per gallon.
A YES VOTE would eliminate the requirement that the state's gas tax be adjusted annually based on the Consumer Price
Index.
A NO VOTE would make no change in the laws regarding the gas tax.
QUESTION 2:LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below,on which no vote was taken by the Senate or the House of Representatives
on or before May 6,2014?
SUMMARY
This proposed law would expand the state's beverage container deposit law,also known as the Bottle Bill,to require
deposits on containers for all non-alcoholic non-carbonated drinks in liquid form intended for human consumption,except
beverages primarily derived from dairy products,infant formula,and FDA approved medicines.The proposed law would
not cover containers made of paper-based biodegradable material and aseptic multi-material packages such as juice boxes
or pouches.
The proposed law would require the state Secretary of Energy and Environmental Affairs(EEA)to adjust the container
deposit amount every five years to reflect(to the nearest whole cent)changes in the consumer price index,but the value
could not be set below five cents.
The proposed law would increase the minimum handling fee that beverage distributors must pay dealers for each properly
returned empty beverage container,which was 2'/4 cents as of September 2013,to 3'/cents.It would also increase the
minimum handling fee that bottlers must pay distributors and dealers for each properly returned empty reusable beverage
container,which was 1 cent as of September 2013,to 3'/cents.The Secretary of EEA would review the fee amounts
every five years and make appropriate adjustments to reflect changes in the consumer price index as well as changes in
the costs incurred by redemption centers.The proposed law defines a redemption center as any business whose primary
purpose is the redemption of beverage containers and that is not ancillary to any other business.
The proposed law would direct the Secretary of EEA to issue regulations allowing small dealers to seek exemptions from
accepting empty deposit containers.The proposed law would define small dealer as any person or business,including the
operator of a vending machine,who sells beverages in beverage containers to consumers,with a contiguous retail space of
3,000 square feet or less,excluding office and stockroom space;and fewer than four locations under the same ownership
in the Commonwealth.The proposed law would require that the regulations consider at least the health,safety,and
convenience of the public,including the distribution of dealers and redemption centers by population or by distance or
both.
The proposed law would set up a state Clean Environment Fund to receive certain unclaimed container deposits.The Fund
would be used,subject to appropriation by the state Legislature,to support programs such as the proper management of
solid waste,water resource protection,parkland,urban forestry,air quality and climate protection.
The proposed law would allow a dealer,distributor,redemption center or bottler to refuse to accept any beverage
container that is not marked as being refundable in Massachusetts.
The proposed law would take effect on April 22,2015.
A YES VOTE would expand the state's beverage container deposit law to require deposits on containers for all non-
alcoholic,non-carbonated drinks with certain exceptions,increase the associated handling fees,and make other changes to
the law.
A NO VOTE would make no change in the laws regarding beverage container deposits.
QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below,on which no vote was taken by the Senate or the House of Representatives
on or before May 6,2014?
SUMMARY
This proposed law would(1)prohibit the Massachusetts Gaining Commission from issuing any license for a casino or
other gaming establishment with table games and slot machines,or any license for a gaming establishment with slot
machines;(2)prohibit any such casino or slots gaming under any such licenses that the Commission might have issued
before the proposed law took effect;and(3)prohibit wagering on the simulcasting of live greyhound races.
The proposed law would change the definition of"illegal gaming"under Massachusetts law to include wagering on the
simulcasting of live greyhound races,as well as table games and slot machines at Commission-licensed casinos,and slot
machines at other Commission-licensed gaming establishments.This would make those types of gaming subject to
existing state laws providing criminal penalties for,or otherwise regulating or prohibiting,activities involving illegal
gaming.
The proposed law states that if any of its parts were declared invalid,the other parts would stay in effect.
A YES VOTE would prohibit casinos,any gaming establishment with slot machines,and wagering on simulcast
greyhound races.
A NO VOTE would make no change in the current laws regarding gaming.
QUESTION 4: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below,on which no vote was taken by the Senate or the House of Representatives
on or before May 6,2014?
SUMMARY
This proposed law would entitle employees in Massachusetts to earn and use sick time according to certain conditions.
Employees who work for employers having eleven or more employees could earn and use up to 40 hours of paid sick time
per calendar year,while employees working for smaller employers could earn and use up to 40 hours of unpaid sick time
per calendar year.
An employee could use earned sick time if required to miss work in order(1)to care for a physical or mental illness,
injury or medical condition affecting the employee or the employee's child,spouse,parent,or parent of a spouse;(2)to
attend routine medical appointments of the employee or the employee's child,spouse,parent,or parent of a spouse;or(3)
to address the effects of domestic violence on the employee or the employee's dependent child. Employees would earn
one hour of sick time for every 30 hours worked,and would begin accruing those hours on the date of hire or on July 1,
2015,whichever is later.Employees could begin to use earned sick time on the 90th day after hire.
The proposed law would cover both private and public employers,except that employees of a particular city or town
would be covered only if,as required by the state constitution,the proposed law were made applicable by local or state
legislative vote or by appropriation of sufficient funds to pay for the benefit.Earned paid sick time would be compensated
at the same hourly rate paid to the employee when the sick time is used.
Employees could carry over up to 40 hours of unused sick time to the next calendar year,but could not use more than 40
hours in a calendar year.Employers would not have to pay employees for unused sick time at the end of their
employment.If an employee missed work for a reason eligible for earned sick time,but agreed with the employer to work
the same number of hours or shifts in the same or next pay period,the employee would not have to use earned sick time
2
for the missed time,and the employer would not have to pay for that missed time. Employers would be prohibited from
requiring such an employee to work additional hours to make up for missed time,or to fmd a replacement employee.
Employers could require certification of the need for sick time if an employee used sick time for more than 24
consecutively scheduled work hours.Employers could not delay the taking of or payment for earned sick time because
they have not received the certification. Employees would have to make a good faith effort to notify the employer in
advance if the need for earned sick time is foreseeable.
Employers would be prohibited from interfering with or retaliating based on an employee's exercise of earned sick time
rights,and from retaliating based on an employee's support of another employee's exercise of such rights.
The proposed law would not override employers'obligations under any contract or benefit plan with more generous
provisions than those in the proposed law.Employers that have their own policies providing as much paid time off usable
for the same purposes and under the same conditions,as the proposed law would not be required to provide additional
paid sick time.
The Attorney General would enforce the proposed law,using the same enforcement procedures applicable to other state
wage laws,and employees could file suits in court to enforce their earned sick time rights.The Attorney General would
have to prepare a multilingual notice regarding the right to earned sick time,and employers would be required to post the
notice in a conspicuous location and to provide a copy to employees.The state Executive Office of Health and Human
Services,in consultation with the Attorney General,would develop a multilingual outreach program to inform the public
of the availability of earned sick time.
The proposed law would take effect on July 1,2015,and states that if any of its parts were declared invalid,the other parts
would stay in effect.
• YES VOTE would entitle employees in Massachusetts to earn and use sick time according to certain conditions.
•NO VOTE would make no change in the laws regarding earned sick time.
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting.
Given under our hands this 6`"day of October,2014.
Richard M.Vaillancourt,Chairman William F.Gordon
Donald B.Stewart
Tracy M.Watson
Selectmen of North Andover
And you are hereby directed to serve this Warrant by posting true and attested copies thereof in
the Town Office Building and one public place in each voting precinct in the Town,said copies to
be posted not less than(7)seven days before the time of said election.
,2014.
Constable (month and day)
Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North
Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within by
posting true and attested copies thereof at the Town office building and one public place in each voting precinct in
the Town at least(7)seven days before the date of said election.
.2014.
Constable (month and day)
3
Licensing
Commissioners
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
NORTH
Joyce A.Bradshaw,CMMC -9501
Town Clerk, FAX(978)688-9557
9SSHCH�S�t
i
MEMORANDUM
TO: Tracy M. Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons,Asst. Town Clerk 4ZO-1
DATE: October 1, 2014
SUBJECT: One Day Request
Attached please find a One Day Wine&Malt request from Mukta Shah, on behalf of
Merrimack College. The event is an"Orientation Banquet"to be held on October 15, 2014
from 5:00 pm to 9:00 pm in Cascia Hall on the grounds of Merrimack College.
Included are favorable recommendations from the Police Department, Fire Department and
Building Inspector. The fee has been paid.
Should you have any questions or concerns please do not hesitate to contact me or Joyce
Bradshaw.
Thank you.
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event: lw'I �a ft - L � =
Name&Address of Responsible Party L C U �- / 40crn S 14Ar`f
Contact Number&e-mail L�WA 0<2,_ EDO
Location of Event: C, .5(!.-�Ar 14ALL— -
Type of Event: `l IE " i � 7 � ('- /a M 0U-1
Is the event being catered? CYes'. No
Name of Caterer SDbtxc)' t` IJ _StD'
Date&Time of Event: " �.S""1 - 5 P M f P4
Non Profit Organization Other Than Non Profit
tie'&Malt ;. All Alcohol Wine&Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event?
Who is serving the alcohol? b v �° CGIT
Does the server have liquor liability Insurance?-
Have servers had training in alcohol service? t
I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of
North, ve'r I In n'o wa. I esponsible for the actions of the applicant,
.I.
Applicant's Signature Date
NORTH ANDOVER
C16mmunity Partnership
To.Karen Fitzgibbons
From*it,ErIcFould T
C�te October1/2O14
Ae.�One Day UoQorLcense.
The Pol]m Department recommends favorable aotfa1on Merrimack College's requestfor.8 One Day
—',ui.Drlk*Dao=-W1fne�&K8a|i or!Wednesday, r15'2O14 from S:UOpmotog:DOprnatCescia �
Hb|L gs.outlined lnthe a—p|7catko-it.
04e,lfnMack College will need to.purchase all aUdUhb|foe the�evootfn1rn$n./\8CCneoz .ized �
Vvhnhe'sal&ordN��Uutor ��dm�OM�edtmnrovid$�aoopyofthe|nvo0oa�othe��efofPm|���Oo,
later than,:onemeo kfol lowing the event The can be delivered bvemaiiU,S. K8aOpr dropped
offatthe police,station.
need tUprbYkJe TIPS certificates for Wernployees involved hmthe serving of,
ac6ho|c �i �� ��-��u�su�i�dondm���e��mn file att�
Pm|beDepartment.
1475 Osgood Street North Andover, Massachusetts 01845 Telephone:S78'GB3' 188 Fmx:078'681'1172
Fitzgibbons, Karen
To: Leathe, Brian
Subject: RE: One Day Request
From: Leathe, Brian
Sent: Wednesday, October 01, 2014 1:14 PM
To: Fitzgibbons, Karen
Subject: RE: One Day Request
The building Department no problem with the issuing of this One Day License.
From: Fitzgibbons, Karen
Sent: Wednesday, October 01, 2014 12:25 PM
To: Foulds, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Melnikas, Andrew; Leathe, Brian
Subject: One Day Request
Hi All,
Attached please find a last minute request from Merrimack College for a One Day Wine& Malt License. Please have
your recommendations to me asap as this information needs to be delivered to the BOS office today. Thank you for
your co-operation.
Karen
1
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
Andrew Melnikas pFst�au ,bgtia
o Telephone(978) 688-9593
Fire Chief F A
FAX(978) 688-9594
Lt. F. McCarthy
amelnikas @townofnorthandover.coin
Fire Prevention Officer 9SS 9CHUSE<
fmccarthy@townofirorthandover.com
Town Clerk's Office
124 Main St
North Andover,Ma
August 12,2014
Karen,
The Fire Department recommends favorable action for granting a One Day Liquor License to Merrimack
College, Cascia Hall on October 15, 2014 for the purpose of a banquet.
Regards,
Lt. Frederick McCarthy
Fire Prevention
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
pORTH
Oft*`1O,',"qN0
Joyce A.Bradshaw,CMMC o < p Telephone(978)688-9501
Tbim Clerk, * FAX(978)688-9557
p�g1i�D
SSNCHus
TO: Tracy M. Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons, Asst. Town Clerk `s
DATE: October 1, 2014
SUBJECT: One Day Wine &Malt Request
Attached please find a request from Mukta Shah, on behalf of Merrimack College, for a One
Day Wine & Malt License. The event is "Homecoming"to be held under a tent on October 18,
2014 from 11:00 am to 5:00 pm.
Favorable recommendations are included from the Police Department, Fire Department and
Building Inspector. The fee has been paid.
Please do not hesitate to contact me or Joyce Bradshaw if you have any questions or concerns.
Thank you.
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event: ML— PPI-f �,j A C
Name&Address of Responsible Party;
LE SJ
Contact Number&e-mail WAI`4M ►`i4_Lt` _r
n
Location of Event: _ �l-� k� t,t�c� l�1 E
t
Type of Event: � �1'
Is the event being catered? Yes No
Name of Caterer Soma()
Date&Tlme of Event:
Non Profit Organization Other Than Non Profit
Wine&Malt All Alcohol Wine& Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event? ~~.
' � ~� (� S C T-PITE
Who is serving the alcohol? So M C d
Does the server have liquor liability Insurance?
Have servers had training in alcohol service? �
I, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that I am not prohibited from holding such license, I agree that the Town of
No lAn dover is in no way responsible for the actions of the applicant,
pPlicant's Signature Date
y�
r l
NORTH ANDOVER
--Community Partnership-.-
To: Karen Fitzgibbons
From: Lt. Eric Foulds
Date:September 23, 2014
Re:One Day Liquor License
The Police Department recommends favorable action on Merrimack College's request for a One Day
Liquor License—Wine &Malt,on Saturday,October 18, 2014 from 11:00am to 5:00pm,as outlined
in the application.
Merrimack College will need to purchase all alcohol for the event from an ABCC recognized
wholesaler or distributor,and will need to provide a copy of the invoice to the Chief of Police no
later than one week following the event.The invoice can be delivered by email, U.S. Mail or dropped
off at the police station.
Sodexo Food Service will need to provide TIPS certificates for all employees involved in the serving of
alcoholic beverages unless they have been previously submitted and are currently on file at the
Police Department.
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
TOWN OF NORTH ANDOVER
Fire Department
t:"eiitral Fire lieadquaf ears--F'ire Pre�ren ion i Office
124 I A.IN V I?,E1Fs"1C
NORTH H ANIU OVER, MA A(..H USI,'.'I`a" 0184
tt drew
1 vN
u�ll (°8ie l ;U uii as Telephone�9/8) 688-9593
. FAX (978) 588-9594
1.1L F. I'14ct arthy
i ire Preveuifi n x1 Ieer �4C�Hm U
�.........,��
ly mftxto vri« rtiorand(:vrc�a r,cms�ocr�i�UU:,
Town Clerk's Office
124 Main St
North Andover, Ma
September 23, 2014
Karen,
The Fire Department recommends favorable action for granting a 1 day Wine&Malt License to
Merrimack College on October 18, 2014 for the purpose of a Home Coming Event. The event will be held
outside under a tent.
I
Regards,
Lt. Frederick McCarthy
Fire Prevention
i
i
Fitzgibbons, Karen
From: Brown, Gerald
Sent: Tuesday, September 23, 2014 1:32 PM
To: Fitzgibbons, Karen
Subject: RE: One Day request
Hello Karen Building Dept has no issues and the Tent Permits have issued Jerry
From: Fitzgibbons, Karen
Sent: Tuesday, September 23, 2014 11:29 AM
To: Foulds, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Melnikas, Andrew; Leathe, Brian
Subject: One Day request
Hi All,
Attached please find a One Day Wine & Malt license request. This item will be placed on the 10/6/2014 BOS agenda,
therefore please have your recommendations to me by Tuesday, Sept. 301h or sooner. Thank you for your co-operation.
Karen
1
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
NpRTN q
O �t�eo ya•.y '.
2 a�;:a •. a�p
Joyce A.Bradshaw,CMMC # A Telephone(978)688-9501
Town Clerk, * * FAX(978)688-9557
�SSACHUS��
I
TO: Tracy M. Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons,Asst. Town Clerk ck v
DATE: October 1, 2014
SUBJECT: 2 One Day Wine &Malt Requests
Attached please find 2 requests from Mukta Shah, on behalf of Merrimack College, for One
Day Wine &Malt Licenses. Both events are being held in the Rogers Center, details below:
1. Theatre Show"Simply Sinatra" on 11/1/2014 from 7:00 pm to 10:00 pra
2. Theatre Show"Tony Kenny" on 12/5/2014 from 7:00 pm to 10:00 pm
Favorable recommendations are included from the Police Department,Fire Department and
Building Inspector. The fee has been paid.
Please do not hesitate to contact me or Joyce Bradshaw if you have any questions or concerns.
Thank you.
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event: Cc 61
Name&Address of Responsible Party: L C 14 d Z�LQ ILI A S, A
� Y ^ b18S
Contact Number&e-mail
Location of Event: C a K)T s
t lih a 0,
Type of Event: °� °" � � �V` 1
Is the event being catered? ' Yes`' No;;��
Name of Caterer � 0 q` 11
Date&Time of Event: _.� 7MPM lo 16 RM
Non Profit Organization OtherThan Non Profit
ine&alt All Alcohol Wine&Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event?
Who is serving the alcohol? - -D Vic, 1
Does the server have liquor liability Insurance? 7"
Have servers had training in alcohol service? �Y
I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of
No Andave Is l noway responsible for the actions of the applicant,
Applicant's Signature Date
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event;
Name&Address of Responsible Party; . r
Contact Number&e-mail
Location of Event: 1° C :, �
Type of Event; F `�__ 1 D E) ( ' rV
Is the event being catered? Yes No
Name of Caterer
Date&Time of Event; 1' — +C7 110
Non Profit Organization Other Than Non Profit
Wine&Malt All Alcohol Wine&Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event?
Who is serving the alcohol? C 'N
Does the server have liquor liability Insurance? 7`
Have servers had training in alcohol service? 7
I, the undersigned,understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that I am not prohibited from holding such license. 1 agree that the Town of
No Ahdov, Is K1 , rayresponsible for the actions of the applicant,
Applicant's Signature Date
NORTH
---Community Partnership•-•
To; Karen Fitzgibbons
From: Lt. Eric Foulds �f%
Date:September 26, 2014
Re:One Day Liquor License
The Police Department recommends favorable action on Merrimack College's request for a One Day
Liquor License—Wine &Malt,on Saturday, November 1,2014 from 7:00pm to 10:00pm,as outlined
in the application.
Merrimack College will need to purchase all alcohol for the event from an ABCC recognized
wholesaler or distributor,and will need to provide a copy of the invoice to the Chief of Police no
later than one week following the event.The invoice can be delivered by email, U.S. Mail or dropped
off at the police station.
Sodexo Food Service will need to provide TIPS certificates for all employees involved in the serving of
alcoholic beverages unless they have been previously submitted and are currently on file at the
Police Department.
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
NORTH ANDOVER
y-Community PaHnership.•.
To: Karen Fitzgibbons
From:Lt. Eric Foulds zv��
Date:September 26, 2014
Re:One Day Liquor License
The Police Department recommends favorable action on Merrimack College's request for a One Day
Liquor License—Wine&Malt,on Saturday, December 5,2014 from 7:00pm to 10:00pm,as outlined
in the application.
Merrimack College will need to purchase all alcohol for the event from an ABCC recognized
wholesaler or distributor,and will need to provide a copy of the invoice to the Chief of Police no
later than one week following the event.The invoice can be delivered by email, U. S. Mail or dropped
off at the police station.
Sodexo Food Service will need to provide TIPS certificates for all employees involved in the serving of
alcoholic beverages unless they have been previously submitted and are currently on file at the
Police Department.
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172
TOWN OF NORTH ANDOVER
Fire Department
Fire Prevention Office
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
. , Telephone(978) 688-9593
FAX(978) 688-9594
Andrew A7ehiikas
Fire Chief ainelnikas a ToivnofNorthAi7clover.coni
Lt Frederick jVkCarthV
Fire Prevention Officer FMcCoi-tlry @toli2nofiioirtharidoi er.coni
September 26, 2014
To: Karen Fitzgibbons
From: Andrew Melnikas
Re: One day license Merrimack College
The Fire Department has reviewed the request by Merrimack College for a one day
liquor license at the Theater Show to be held November 1,2014 at the Roger's Center. We do
not have any fire safety concerns with this request.
Chief Andrew Melnikas
TOWN OF NORTH ANDOVER
Fire Department
Fire Prevention Office
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
. , Telephone(978) 688-9593
FAX(978) 688-9594
Andrew Mehfikm
Fire Chief' crmelnikas[z)TTownofNorthAncloi,et•.eoni
Lt Frederick tVeCarthy
Fire Prevention Officer F.McCartl?y a,tolt-nofiior•t17alzdoher.con7
September 26, 2014
To: Karen Fitzgibbons
From: Andrew Melnikas
Re: One day license Merrimack College
II
The Fire Department has reviewed the request by Merrimack College for a one day
liquor license at the Theater Show to be held December 5, 2014 at the Roger's Center. We do
not have any fire safety concerns with this request.
Chief Andrew Melnik s
Fitzgibbons, Karen
From: Brown, Gerald
Sent: Thursday, September 25, 2014 3:58 PM
To: Fitzgibbons, Karen
Subject: RE: 2 One Day requests
Hi Karen Building Dept has no issues
From: Fitzgibbons, Karen
Sent: Thursday, September 25, 2014 3:25 PM
To: Foulds, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Melnikas, Andrew; Leathe, Brian; Morrison, Diane
Subject: 2 One Day requests
Hello,
Attached please find 2 One Day Wine & Malt license requests from Merrimack College. Please have your
recommendations tome by Tuesday,September 30th as these items will be placed on the October 6th BOS agenda.
Thank you,
Karen
1
Old Business
September 19,2014
DOG PARK- FACT-FINDING SUMMARY
Overview
Parks typically represent a sound investment as they bring value to a community as an amenity and as
an economic driver. In addition to providing a valuable service to residents,other potential benefits of
parks include growth in property values, increases in municipal revenues,attraction and retention of
affluent retirees,and attraction of skilled workers.A pilot project dog park would help the Town of
North Andover determine to what extent such a park is financially stable and/or beneficial to the
community
This brief summary includes:
• Relevant regulation
• Park Access/Restriction
• Park Enforcement
• Maintenance and Management
• Recommendations
• Case Studies
Following documents include:
• Case Study Dog Park Summary Table
• Derry Rules and Regulations Example
• Salem Rules and Regulations Example
• Falmouth Rules and Regulations Example
• MGL CH21 SEC17C
• Memo Re:Derry Dog Park
Regulation/Laws
Massachusetts General Law, Chapter 21,Section 17C limits the liability of any body that lawfully permits
public use of land without charging a fee for that use.As such, many dog parks cite this regulation on-
site or in their posted rules and regulations to free the municipality of any liability.
Park Access
Several dog parks in the region restrict use to only specific users;there are cases of park use restrictions
based on owner residency,and use restrictions contingent on simply having a dog registered.Several
regional dog parks are unrestricted and open to any users.
Unrestricted dog parks are generally not at risk for lawsuits as they are protected by MGL CH21 S17C.
However, if it is shown that a municipality failed to enforce its own rules and regulations then a
municipality may be liable. Providing an unrestricted dog park frees a municipality from responsibility
- and costs associated with animal registration and registration enforcement.
Park restriction helps municipalities regulate the use of dog parks and reduce the impact of users from
neighboring municipalities.While it is unlikely that a dog park in North Andover will draw a high volume
of outside visitors, restricting access provides a degree of authority over the use of the park and gives
the town time to gauge whether the restricted access is needed without the threat of being
overwhelmed by use.
September 19,2014
Currently,the Town of North Andover runs a dog licensing program through the Town Clerk.This
existing vehicle could be easily expanded to cover use of the pilot dog park. While it's unclear whether
funds from dog licensing are dedicated toward specific purposes,the town might choose to dedicate all
or a portion of licensing funds to dog park maintenance activities.The current$20 licensing fee is among
the lowest in the region (per Tracey Zysk-needs verification).
Dog Park Enforcement
Regardless of whether the pilot park is restricted access or open,enforcement is needed to ensure that
users are following the posted rules and regulations and/or are complying with the restriction
conditions.The majority of other dog parks in the region employ spot checking enforcement wherein
Law Enforcement or Animal Control officers will periodically and unpredictably visit the park to verify
that all users are in compliance. Given that North Andover has a robust and well-trained police force,
the town should develop a plan with Law Enforcement to develop a procedure for spot checking the
pilot dog park.
Alternatives or additions to spot checking include physically gating or restricting access,video
surveillance, relying on user-reports,and/or regularly scheduled interval inspections.
Maintenance and Management Activities
Maintenance and management activities in dog parks are handled in a variety of ways; municipalities,
non-profits,and volunteer organizations all provide maintenance and management services for specific
parks.
Delegating maintenance and management responsibilities to a non-profit or volunteer group frees the
municipality from the financial and administrative burden of managing the park. However, non-profits
and volunteer groups rely largely on the continued interest and participation of members and financial
support,and may not always be able to sustain maintenance and management activities in the years
after formation.
If not managed directly by a non-profit or volunteer organization, municipalities will typically designate a
decision-making body to provide management oversight on behalf of the municipality,and physical
maintenance will be provided through the parks or public works departments.This committee or
commission is given the responsibility to hear comments, complaints, and recommendations, provide
programming for the park, and provide comments or recommendations to other municipal divisions.
While this requires more formal coordination on the part of the municipality, it ensures that the
management and maintenance of the park will not drop off regardless of public interest.
Recommendations
• Create a "pilot" dog park with the goal of determining how best to regulate,fund, maintain, and
program the park.
• In order to reduce the risk of insufficient upkeep and maintenance over the long-term,the park
should be municipally owned, regulated,funded,and maintained.
• The dog park should be restricted to dogs registered with North Andover.
• Enforcement should be provided by periodic site-checking by North Andover Police.
• As other municipalities have done,create a committee or commission (or designating an existing
body like the Youth and Recreation Council or Friends of North Andover Trails)to facilitate
management of the park.
September 19,2014
Case Studies
Beverly
For the Beverly dog park, a committee was formed under the Parks and Recreation Commission.This
committee was the driver behind this effort—generating local support and searching for potential sites.
Mayor proposed four potential sites for the park, and then the committee(with endorsement from the
Parks and Recreation Commission) developed a proposal for one of the sites and brought it before the
Beverly Airport Commission who approved the plan. Parks and Recreation manages the maintenance of
the site through the Committee.The park requires registration within Beverly to use,with spot
enforcement.
Derry
The Derry dog park in New Hampshire is an unrestricted dog park with posted rules and regulations near
the entrance to the main park.The town verified that their insurer would coverthe park prior to
opening.The park is maintained by the municipality out of their operating budget,with use of donation
funds for larger improvements and maintenance activities.
Falmouth
The Falmouth dog park is an unrestricted park with posted rules and regulations.The park is completely
funded and maintained through a non-profit volunteer group who works closely with the municipality to
verify the park is maintained to an acceptable standard.They established an MCA with the municipality
to authorize the maintenance and decision-making.
Lowell
The Lowell dog park was initially owned and managed and maintained by a non-profit volunteer group.
However, upon a finding that the group was not maintaining the park to reasonable standards,the
municipality took control over the park.The park is now owned by the city,and while the park is still
supported by the volunteer group"Lowell Unleashed", it is unclear to what extent the group is actually
involved.
Salem
The Salem dog park is owned by the city, but managed,operated,and maintained by the non-profit
"SPACE"(Salem Play Area for Canine Exercise).The park is restricted through the use of a"Pooch Pass"
that is administered by the City of Salem's Park Department.The Pooch Pass costs$25, is required in
addition to a regular municipal dog license, and is not limited to only Salem residents.
Summary of Local Dog Parks 9/11/2014
SALEM DOG PARK Notes
Municipality Non-Profit Volunteer Park requires registration with"Pooch Pass"through the
Owns(Responsible) X Park Department-fees from which go to the non-profit,
Maintains X SPACE,for maintenance.SPACE enforces restriction,funds,
Funds X X and maintains the park.
Restricts X
DERRY DOG PARK Notes
Municipality Non-Profit Volunteer Park is unrestricted.Town funds maintenance,but posts a
Owns(Responsible) X donation box on-site for donations.Posted rules and
Maintains X regulations.
Funds X X
TL'JCRG l3
FALMOUTH DOG PARK Notes
Municipality Non-Profit Volunteer Park is unrestricted.Volunteer organization funds
Owns(Responsible) X maintenance.
Maintains X
Funds X
••rccD stoets
LOWELL DOG PARK Notes
Municipality Non-Profit Volunteer Park was initially owned,maintained,and funded by
Owns(Responsible) X X volunteer organization,but municipality took over all duties
Maintains X X due to neglect.(From Tracey)
Funds X X
Rest iets
TTL�LTIti l�
LYNN DOG PARK Notes
Municipality Non-Profit Volunteer Park requires registration in City of Lynn.Registration fees
Owns(Responsible) X are used for maintenance/improvement of the park.
Maintains X
Funds X
Restricts X
BEVERLY DOG PARK Notes
Municipality Non-Profit Volunteer Park requires registration in Beverly.Maintained by the
Owns(Responsible) X Parks Department.City formed a Dog Park Committee,
Maintains X under the Parks Commission,to receive donations and
Funds X X manage the park.
Restricts X
ARLINGTON DOG PARK Notes
Municipality Non-Profit Volunteer City owns,maintains,and funds under the Parks
Owns(Responsible) X Commission.Voluneer group"Friends of Thorndike Dog
Maintains X X Park"contributes
Funds X X
Restricts X
Town of Derry,NH-Dog Rules &Regulations Page 1 of 1
Town of Derry 14 Maiming Street,Deny,NH 03038
Dog Rules & Regulations
When attending the Derry Dog Park, please be sure to abide by the following rules and regulations:
I
1. Users of this facility do so at their own risk. The Town will not be held liable for any
injury or damage caused by any dog on Town property.
2. Handlers must watch their dogs at all times.
3. Handlers are responsible for any injuries caused by their dogs.
4. Children 8 years or under are not allowed in the off-leash area.
5. Children 9 to 16 must be accompanied and supervised by an adult.
6. j All handlers must be over 16.
7. )All dogs must wear current license and vaccination tags.
8. (Dogs must be leashed when exiting or entering the off-leash area. I
9. Handlers must"Scoop the Poop"and properly remove and dispose.
10. No female dogs in season(heat).
11. No more than 2 dogs to 1 handler at any time.
12. No glass 13 No food ontainers.
_
d allowed at any time.
14. a No animals other than dogs are permitted.
1 15. Please take turns and be considerate when using the facility.
16. Apparatus in the park are for dogs only patrons are not to climb or play on them.
17. Handlers are responsible for filling in holes that their dog(s)dig.
18. j Please dispose of all litter properly.
19. i If your dog bites/impacts a human,then he/she is immediately and permanently
expelled from the park
http://www.dei-ry-nh.org/pages/derrynh_recreation/parks/dogl-utes?textPage=1 9/10/2014
CITY OF SALEM, MASSACHUSETTS
M
PARK RECREATION&COMMUNITY SERVICES
5 BROAD STREET,POST OFFICE BOX 465
SALEM,MASSACHUSETTS 01970
`ICI_. (978)744-0180 OR(978) 744-0924
KIMBERLEY DRISCOLL FAx(978) 744-7225
MAYOR KPARTANEN @SALEM.COni
KAREN PARTANEN
DIRECTOR
City of Salem Park,Recreation and Community Services
2014 Leslie's Retreat Dog Park Application
(Valid Dates April 1, 2014-Allarch 31, 2015)
Owners Name City Dog License#
i
Address City Zip Code
Contact# E Mail
Name of Dog Breed M/F Age
Vet Nalne Vet Phone#
Required Documents to be Attached
(must be current)
City Dog License
Proof of Spay/Neuter
Certificate of Rabies Vaccination
Proof of Distemper Vaccination J
$25 Check—Payable to Salem Park&Recreation
Optional Information
I would like to receive emails about Leslie's Retreat Dog Park
I have added $1 to my enclosed payment.Please mail my Pooch Pass to the above address
I have been provided Ivith and have read through a copy of the City of Saleni Park, Recreation
and Connnitnity Services Dog Park Rules and Regulations and agree to abide by all rules set
forth therein.
Signature Date
Park and Recreation Use Only
Date Submitted Pooch Pass#
Amount Paid Cash Check#
Initials
Please Mail Forms To
Salem Park&Recreation • Attn: Pooch Pass • 5 Broad Street - Salem, Ma 01970
Leslie's Retreat Dog Park
Rules and Regulations for Use
The following rules are in accordance with the Ordinance pertaining to Dog Park Use
Regulations as adopted by the City Council or the City of Salem:
Section I Chapter 26-101 Use Regulations of Chapter 26,Article IV.Dog Park Rules and
Regulations:
1. Dogs entering the park must be at least 6 months of age;
2. Dogs must be accompanied by a guardian at least 18 years of age;
3. Individuals between the ages of 10 and 17 years must be accompanied by an adult,
age 18 years and older;
4. Dogs must display a municipal license and current vaccination tag;
5. Dogs must be leash free once within the large fenced area;
6. Guardians must have voice control over their dogs at all times;
7. Guardians must immediately clean and properly dispose of waste;
8. Guardians must keep their hands free to ensure supervision and safety;
9. All dogs must be either spayed or neutered;
10.All dogs entering the park must display a dog tag issued annually by the director of
the Park, Recreation and Community Services or his/her designee. Applicants for a
dog park tag shall sign a waiver of liability and an agreement to abide by park rules,
and will present proof of current spay/neuter, vaccination status, and a municipal dog
license for the dog prior to the issuance of a dog park tag. The Director of Park,
Recreation and Community Services, in concert with the City of Salem Animal
Control Officer, shall determine the number of dog park tags to be issued each year;
11. Owners are responsible and liable for the actions of their dogs;
Section II Chapter 26-10 Prohibitions of Chapter 26,Article IV.Dog Park Use
Regulations:
1. Guardians may not supervise more than three(3) dogs at one time;
2. Dogs deemed dangerous pursuant to City Ordinance Chapter 8, 8-66 are prohibited;
3. Cigarette smoking within the enclosed park is prohibited;
4. Dogs displaying aggressive behavior may be immediately removed from the park by
the Animal Control Officer or his/her designee;
5. Children' s toys and sporting equipment are prohibited within the fenced area of the
park;
6. Due to health and safety concerns, children under the age of 10 are prohibited from
within the fenced area of the park.
Section III Chapter 26-103 Penalties of Chapter 26,Article IV Dog Park Use Regulations:
1. Whoever violates any provision of this Article shall be subjected to a fine of$25.00
for the first offence and $50.00 for any subsequent offence;
2. The Animal Control Officer may revoke any existing Dog Park Pass and/or prohibit
future participation in the Pass program for those who violate any provisions of this
Article.
Section IV Chapter 26-104 of Chapter 26,Article IV Dog Park Tag Fees:
1. Dog Park tags will be issued at an annual fee of$25 per dog;
2. All fees received by the Park, Recreation and Community Services Department shall
be deposited into a special account entitled"Dog Park Receipts Reserved for
Appropriation." Said receipts shall be appropriated solely for the administration,
care, and maintenance of the Dog Park. Said receipts may be expended by the
Director of the Park, Recreation and Community Services, upon approval of the
mayor and following a vote of the City Council.
Section V. Chapter 26-105,Article IV Enforcement and Appeal:
1. The Animal Control Officer and the Salem Police Department shall have the authority
to enforce this Article. Notice of an enforcement shall be delivered to the Director of
Park,Recreation and Community Services;
2. Any person aggrieved by the decision of the Animal Control Officer may appeal to
the Chief of Police or his designee.
Section VI.
1. This Ordinance shall take effect as provided by the City Charter.
Page 1 of 1
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http://www.fahnoutlidogpark.corn/uploads/5/7/7/4/5774696/2852698_orig.jpg 9/10/2014
General Laws: CHAPTER 21, Section 17C Page 1 of 1
Print
PART I ADMINISTRATION OF THE GOVERNMENT
TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
OF THE COMMONWEALTH
CHAPTER 21 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Section 17C Public use of land for recreational, conservation, scientific educational and other
purposes; landowner's liability limited; exception
Section 17C. (a) Any person having an interest in land including the structures, buildings, and
equipment attached to the land, including without limitation, railroad and utility corridors,
easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of
water, who lawfully permits the public to use such land for recreational, conservation,
scientific, educational, environmental, ecological, research, religious, or charitable purposes
without imposing a charge or fee therefor, or who leases such land for said purposes to the
commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or
association, shall not be liable for personal injuries or property damage sustained by such
members of the public, including without limitation a minor, while on said land in the absence
of wilful, wanton, or reckless conduct by such person. Such permission shall not confer upon
any member of the public using said land, including without limitation a minor, the status of an
invitee or licensee to whom any duty would be owed by said person.
(b) The liability of any person who imposes a charge or fee for the use of his land by the
public for the purposes described in subsection (a) shall not be limited by any provision of this
section. For the purposes of this section, "person" shall include the person having any
interest in the land, his agent, manager or licensee and shall include, without limitation, any
governmental body, agency or instrumentality, a nonprofit corporation, trust, association,
corporation, company or other business organization and any director, officer, trustee,
member, employee, authorized volunteer or agent thereof. For the purposes of this section,
"structures, buildings and equipment" shall include any structure, building or equipment used
by an electric company, transmission company, distribution company, gas company or
railroad in the operation of its business. A contribution or other voluntary payment not
required to be made to use such land shall not be considered a charge or fee within the
meaning of this section.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitieII/Chapter2I/SectionI7C/Print 9/10/2014
To:
Subject:
From: Ehc8odonrader
Sent. Friday, September 1J, 20143:U2 PM
To: Egge, Matthew
Subject: FVV: Derry Dog Park Fact-Finding
Hi Matthew,
My name is Eric Bodenrader and I am the Director of Parks & Recreation for the Town of Derry. |will be happy to
answer some questions for you regarding our park. Columbus Day will mark 12 years that the park has been open and it
has certainly gone through a few changes along the way.
Our park is open to anyone, no residency restrictions, etc. We have several rules signs posted at the entrances to both
the main park and the small dog area. When our former Town Administrator proposed the park,she ran it through our
insurance carrier and they endorsed the project and covered it. Liability is always a concern, however,where it is clearly
posted on our rules signage that patrons enter and use it at their own risk has alleviated a few clairns. We also do not
charge any fees,so this also helps alleviate some of the liability concerns.
The management and maintenance is handled by our Department, along with assistance from the Animal Control
Officer,whose office in conveniently located adjacent tnthe park. Maintenance staffing is limited, but on an ongoing
basis. We dispatch my maintenance Division to repair broken gates, items, paint structures, repair the water spicket,
repair picnic tables, etc,when necessary. The repair costs associated with such tasks are minimal, probably under
$1,000.00 per year. Please note that this excludes personnel and labor related costs. . My crew also mnws/trimsthe
area and fence|ines, and PVV plows the parking lots in the winter. W1y operating budget pays for signageaodeemed
necessary, as well as for gravel to fill in ruts in the parking lot areas. We also used operating funds to expand and create
on overflow parking lot to accommodate the crowds on the weekends,which is the most popular time when the park is
used.
Other ongoing operational costs are asfollows:
m Dumpster(weekly service)$133.75 x 12=$1,605.00 fNote:this expense is split between general fund and the
special revenue fund)
* Portable Toilet: $88 x1I =$1,056.00
* VVe used to supply mutt mitts but that proved tob�far too costly and abused |peop|e were esaenba||ystealing
them}. |would not recommend supplying them. VVhenvve started spending$2,0OOa year vvestopped.
We also provide trash bags to select volunteers who empty the trash barrels inside the park and pick up pet waste that is
left inside the park We use the donation account for larger repairs (replenish stone dust, extend fencing,etc.}and for
other larger site improvements, We traditionally close the park for at least a week every other year in order to re-grade �
and replenish the stone dust and complete extensive maintenance that cannot be completed with the park open. This is �
funded through our donation/special revenue account.
�
Our rules state that dogs must be licensed and current onvaccinations; however,we do not require registration. �
We were able to construct this facility foremost due to the fact that our Town Administrator wanted it—it was her idea,
so there weren't any political hurdles to jump through. The other thing that worked in our favor was that the area was
an abandoned well site that was already enclosed with 6' chain link fencing; hence, original startup costs were
significantly reduced, Having the Animal Control Office there is a huge benefit and she helps tremendously. |would also
recommend a separate area for small dogs—it has proven beneficial and offered a safe alternative for small dogs and
puppies. A Chihuahua and a Doberman really don't mix if you follow me. We've also had issues with children being in
thepark—itdmp|yisnotsafe. In retrospect, I feel that we should have made the age restrictions even higher lbetween
l3 and 16yeao).
I hope that this information is proves helpful and feel free to contact me should you have any questions.
Regards,
Eric
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Public Comment
Town Manager' s Report
Capital RrQLects Asof October 1, 2014
School Department Administration Building-$2,645,000
Milestone Due Date
Design development drawings complete 15-{}ci-15
Design development estimate 31-Oot-13
Planning Board site plan review 5-Nov-13
Construction bid documents complete 27-Dcc-13
Construction bid documents issued 2]an-14
Filed subcontractor bids due II-]an-14
General contractor bids due 30Jan'14
Construction contract awarded 3-Mep14
Construction starts 7-Apr-14
Substantial completion 30-Apr-15
Redevelopment of McEvoy Field -$903,350
Milestone Due Date
Designer io meet with stakeholders 18-Oct-13
Topographic and property surveys complete 23-Oc±-15
Develop preliminary cost estimate and design 28-0ct-13
Planning Board - site plan review 21-]on-14
Develop 95Y6 plans, specifications and cost estimate 6-Feb-14
Construction bid documents issued 26-Feb-14 �
General contractor bids due 16-App14
Construction contract awarded 2I-K4ay-14
Construction starts 15-]un-14 �
Substantial completion 10-Oct-14 �
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Field available for public use 1'5ep-15
Capital Rr9j" Aamf October I, 2014
Milestone Due Date
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Roof replacement 9-Dec-13
Mechanical equipment production 1-Feb-14
Make-up air unit replacement 1-]un-14
Multi-zone rooftop unit replacement 1-]un-I4
EMS installation 1-]un-14
Systems training for personnel 24-Jul-1 4
Substantial completion 29-Ju|-14
Commissioning 14-Oct-14
tentrall Fire Station -$6,600,000
Milestone Due Date
Architect proposals due 24-Oct-13
Selection and contract execution with architect 3-Dec-13
Architect to meet with stakeholders 20-Dec-13
Develop preliminary design and cost estimate 31-Ma/`14
Appropriation request at Annual Town Meeting 20-May-14
Site Plan Review - Planning Board 15-]u|-14
Zoning Variance Zoning Board ofAppeals 22-Jul-14
Request for Determinations nf Applicability- Conservation Comm. 13-Aug-14
Construction bid documents issued 27-Aug-14
Filed subcontractor bids due 23'5ep-14
General contractor bids due 2-Od-14
Construction contract awarded 17-Oct-14
Construction 27-Dct-14
Substantial completion 25-Sep-15
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Capital Protects As of October 1, 2014
Water/High Streets Roadway Improvements-$2,425,000
Milestone Due Date
Data collection and field survey 1-Nov-13
Additional field survey 7-Jan-14
Traffic analysis 17-Jan-14
Streetscape and lighting review 28-Feb-14
Preliminary plans completed 19-Apr-14
Public information meeting 8-May-14
Appropriation request (lights only) at Annual Town Meeting 20-May-14
Construction bid documents issued 21-Aug-14
General contractor bids due 17-Sep-14
Construction contract awarded 8-Oct-14
Construction starts 27-Oct-14
Substantial completion 15-May-15
!Scholfield Mill Renovations- $130,000
Milestone Due Date
Review of existing conditions 11-Oct-13
Schematic design 13-Dec-13
Design development 17-Jan-14
Construction bid documents complete 16-Apr-14
General contractor bids due/Town decision to reject 15-May-14
Roofing bid/construction 17-Jun-14
Sitework bid/construction 10-Oct-14
Gutters bid/constructon 15-Oct-14
Insulation bid/construction 7-Nov-14
Windows bid/construction 14-Nov-14
Siding bid/construction 21-Nov-14
Structure bid/construction 1-Dec-14
Capital Protects As of October 1, 2014
Renovation of Former Fire Station 1-$4,500,000'
Milestone Due Date
OPM proposals due 19-Aug-14
Selection and contract execution with OPM 5-Sep-14
I
Architect proposals due 23-Sep-14
Selection and contract execution with architect 10-Oct-14
Architect to meet with stakeholders 22-Oct-14
Develop preliminary design and cost estimate 30-Jan-15
Appropriation request at Annual Town Meeting 19-May-15